So the Chair looked, taking the advice that the Lady from the 75th and the Gentleman from the 44th were telling the Chair that this is a Report on the Committee On Conference. It is not an amendment, they report, because it is not specifically talked about in Assembly Rule 80(4). Therefore, it is divisible. It is the Chair's opinion, that under Assembly Rule 80(1), which governs what is divisible, this simply is not an amendment. It is not a simple amendment. Actually, if we were even to take conference amendment l, which is an amendment to the Assembly Substitute Amendment, I think members can easily see that this is just not a simple amendment. It is rather complex. It's actually a little longer than Gone With the Wind, and has quite a bit more intrigue in it, I think.
So, it is clearly, to the Chair, not a division of a simple amendment because as the Lady from the 75th and Gentleman from the 44th pointed out in their Points Of Order, that it was a report that should be divided based on the fact that it didn't show up in 80(4).
Then the Chair went one step further just to have a little more comfort because if it were an amendment, could this amendment be divided and taken up in three different components? It is the Chair's belief that under Assembly Rule 80(1), that each question if they were divided, Question l., Question 2 and Question 3 and were separate propositions or actions to be voted on, would be complete and proper regardless of the action taken on the others. And it is this Chair's opinion that they would not be, as the Chair was asking during the point of order that was being raised if Section l were adopted and Section 2 and Section 3 were not, could the bill stand on its own? The Chair's belief is, no it could not. If Section 2 were adopted but not Sections 1 and 3 the same situation. Or, if only Section 3 were adopted without negating the actions taken by the Senate and Assembly, could it stand on its own? It is the Chair's belief that it could not.
But wanting to make sure because knowing the Lady from the 75th was going to be fairly persistent and the Gentleman from the 44th is a scholar of the rules, I wanted to make sure that I wasn't not reading this properly and when one looks at the Joint Rules, Joint Rule 3(3) "approval of the Conference Report by roll call vote in each house sufficient to constitute final passage of the proposal shall be final passage of the bill or Joint Resolution in the form and with the changes proposed by the report." And the Joint Rules really are silent on whether or not we can amend the Conference Report.
So the Chair looked at Senate Rules which are somewhat more obscure than ours and really not to the point, so the Chair looked at what other rules are available to us to determine and under Assembly Rule 91(1) "in the absence of pertinent Assembly or Joint Rules questions of parliamentary procedure shall be decided according to applicable rules of parliamentary practice and Jefferson's Manual which are not inconsistent with constitutional or statutory provisions relating to the functioning of the legislature."
So, upon reading about the statutory provisions, we did a search of the Wisconsin Statutes and Constitution to see if there is something that would apply there. Of course, that didn't help us. So the Chair then referred to Jefferson's Manual. And, if members want to take a look on page 47 in the section on Conferences on page 48 as well and the ending of this regarding conference committees "and each party reports in writing to its respective house the substance of what is said on both sides and entered into the Journal."
And that is the report we have before us. "This report can not be amended or altered as that of the committee may be." So, the backup for Assembly Rules and Joint Rules was Jefferson's Manual but also wanting to make sure that that is the established precedent, I looked to Mason's Manual which is the manual we often refer to as well and under Section 770 (2) it says "in voting in a conference committee, the committee of each house votes separately. The committee on conference from each house submits its report to the house from which it was appointed, "which we have. "The report upon being received may be treated like other reports except that the report of the conference committee is usually given higher precedence."
That's why we're here at l0:00 p.m. "Under no condition, including suspension of the rules may the house alter or amend the Report of the Committee, but must adopt or refuse to adopt the report in the form submitted."
So it is the opinion of the Chair that the Lady from the 75th's Point Of Order is not well taken based on those following reasons."
[Note:] Assembly Rule 80 (4) was later amended to provide: Bills, joint resolutions, resolutions, and substitute amendments, and amendments received from the senate for assembly concurrence, may not be divided. A bill vetoed in its entirety by the governor may not be divided. A report of a committee of conference may not be divided.
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Assembly Journal of September 29, 1997 .......... Page: 309
Point of order:
Representative Foti rose to the point of order that Assembly amendment 17 to Senate amendment 1 to Assembly Bill 100 was not germane under Assembly Rule 54 (3) (f).
Ruling on the point of order:
The Chair (Representative Duff) ruled the point of order well taken.
[Note:] Assembly Bill 100 was a budget bill. Senate amendment 1 was a 117 page multisubject amendment offered by leadership of both parties. Assembly amendment 17 created a grant program for the Southern Wisconsin helicopter unit.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of May 6, 1998 .......... Page: 873
Point of order:
Representative Klusman rose to the point of order that Assembly amendment 25 to Assembly substitute amendment 1 to Assembly Bill 768 was not properly before the Assembly under s. 13.50(6) of the Wisconsin Statutes.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of May 6, 1998 .......... Page: 877
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Klusman that Assembly amendment 25 to Assembly substitute amendment 1 to Assembly Bill 768 was not properly before the Assembly under s. 13.50(6) of the Wisconsin Statutes:
"I have reviewed Section 13.50(6)(b) which reads "No bill or amendment thereto creating or modifying any system for the retirement of public employes shall be considered by either house until the written report required by par. (a) has been submitted to the chief clerk. Each such bill shall then be referred to a standing committee in the house in which introduced. The report of the joint survey committee shall be printed as an appendix to the bill and attached thereto as are amendments."
In addition, I have reviewed the decision in State ex rel. Lafollette v. Stitt, 114 W (2d) 358, 338 NW (2d) 684 (1983), the previous rulings of the chair, Masons manual, and assembly rule books dating as far back as 1943. I also looked at the relevant Wisconsin Statutes, when they were created and their correlation to the rules of the Legislature. It appears to me, as it did in my previous ruling on Assembly bill 421 in January of this year, that the legislative intent behind the statues was to create a process that had to be followed and was not to be circumvented.
This ruling presents this institution with the same dilemma as the ruling on Assembly Bill 421. If these statues are merely rules that we can easily disregard, then long standing traditions and requirements that this institution has followed will no longer exist.
I believe, as I did earlier this year, that the previous legislatures first created statutes then 14 years later created the same as a rule because they wanted a process that would not allow for certain procedures to be bypassed. The Stitt decision merely supports the notion that it is for the Legislature to decide and enforce its own rules. We clearly have the authority to suspend our own rules with a 2/3 vote or by unanimous consent. It continues to be this chair's ruling that we do not have the authority to suspend the statutes when points of order are made. I believe the precedent that has been established by Speakers Jackamonis and Loftus, the current Chair and President Risser which occurred before and after the Stitt decision still stands.
I find the point of order well taken. We can circumvent our own rules but we cannot ignore the statutes. This decision was based on previous rulings and the precedent that was established by placing both legislative statutes and rules as an order of process for legislation to pass."
Representative Schneider appealed the ruling of the Chair.
The question was: Shall the ruling of the Chair stand as the ruling of the Assembly?
The roll was taken. The vote was: Ayes-52, Noes-45. Motion carried.
[Note:] 13.50(6)(b) No bill or amendment thereto creating or modifying any system for the retirement of public employees shall be considered by either house until the written report required by par. (a) and the actuarial opinion ordered under par. (am), if any, have been submitted to the chief clerk. Each such bill or amendment shall then be referred to a standing committee of the house in which introduced. The report of the joint survey committee and actuarial opinion, if any, shall be printed as an appendix to the bill and attached thereto as are amendments.
Assembly Journal of May 6, 1998 .......... Page: 878
Representative Travis asked unanimous consent that Assembly Bill 768 be referred to the joint survey committee on Retirement Systems.
Representative Klusman objected.
Representative Travis asked unanimous consent that Assembly Bill 768 be referred to the joint survey committee on Retirement Systems.
Representative Klusman objected.
Point of order:
Representative Travis rose to the point of order that Assembly Bill 768 was not properly before the Assembly under s. 13.50(6)(a) of the Wisconsin Statutes.
Representative Travis withdrew his point of order.
Representative Travis asked unanimous consent that Assembly Bill 768 be referred to the joint survey committee on Retirement Systems. Granted.
Representative Travis asked unanimous consent that the rules be suspended and that Assembly Bill 768 be withdrawn from the joint survey committee on Retirement Systems and taken up at this time. Granted.
[Note:] 13.50(6)(b) No bill or amendment thereto creating or modifying any system for the retirement of public employees shall be considered by either house until the written report required by par. (a) and the actuarial opinion ordered under par. (am), if any, have been submitted to the chief clerk. Each such bill or amendment shall then be referred to a standing committee of the house in which introduced. The report of the joint survey committee and actuarial opinion, if any, shall be printed as an appendix to the bill and attached thereto as are amendments.
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Senate Journal of November 19, 1997 .......... Page: 358
Point of order:
Senator Chvala raised the point of order that Senate amendment 2 to Senate Bill 362 was not germane.
Ruling on the point of order:
The Chair ruled the point well taken.
Senator George appealed the ruling of the Chair.
The question was: Shall the decision of the Chair stand as the judgement of the Senate?
The roll was taken. The vote was: Ayes-22, Noes-8. The decision of the Chair stands as the judgement of the Senate.
[Note:] The bill related to: the application of the business combination and the control share voting restriction provisions of the business corporation law; dry cleaning fees; nontarget population members; the date by which certain school board resolutions pertaining to the open enrollment programs must be adopted; loans made to school districts by the technology for educational achievement in Wisconsin board; the method for calculating contributions to the universal service fund; use of the universal service fund to make grants to certain school districts for telecommunications access; financial assistance for local recycling programs; funding for a boat landing located on the Wisconsin River in the town of Buena Vista; reports concerning the environmental cooperation pilot program; funding for air and solid and hazardous waste programs; studies of fish in the Great Lakes; eligibility for child care subsidies under the Wisconsin works program; increased funding for the benefit specialist program for older individuals; the amount that a county having a population of 500,000 or more must contribute for the provision of child welfare services in that county by the department of health and family services; the photographing of a person applying for or receiving kinship care payments, of employes and prospective employes of a person applying for or receiving kinship care payments and of adult residents and prospective adult residents of the home of a person applying for or receiving kinship care payments; eliminating cross-references to the Wisconsin works health plan; computing the aviation fuel tax; a sales tax and use tax exemption for samples of medicine and registration for use tax purposes; the international fuel tax agreement; the department of revenue's expenses to administer the fee on vehicle rentals; directing the department of revenue to not adjust individual income tax withholding tables and making a technical adjustment in the calculation of income tax liability by individual nonresidents and part-year residents of this state; the sales of food by institutions of higher learning; salary-setting authority of certain state bodies; reserve "Class B" intoxicating liquor licenses; the abolishment of the emergency response board; revocation of probation for failure to pay supervision fees owed to the department of corrections; and making an appropriation.
The amendment related to the delegation of authority over pension plans by local governments.
SENATE RULE 50. Amendments must be germane, general statement. (1) No standing committee shall report any substitute or amendment for any proposal originating in either house referred to such committee nor shall the senate consider any substitute or amendment which relates to a different subject, is intended to accomplish a different purpose or would totally alter the nature of the original proposal.
(7) A substitute or amendment relating to a specific subject or to a general class is not germane to a bill relating to a different specific subject, but an amendment limiting the scope of the proposal is germane.
Senate Journal of May 7, 1998 .......... Page: 681
Point of order:
Senator Wineke raised the point of order that Assembly Bill 768 is not properly before the Senate.
Ruling on the point of order:
The Chair ruled the point not well taken.
[Note:] Sec. 13.52 (6), stats., requires the referral to the joint survey committee on tax exemptions, at the time of introduction, of any "proposal which affects any existing statute or creates any new statute relating to the exemption of any property or person from any state or local taxes or special assessments."
Under s. 13.52 (6), stats., when a proposal must be referred to the joint survey committee and has been so referred, "such proposal shall not be considered further by either house until the joint survey committee on tax exemptions has submitted a report, in writing, setting forth an opinion on the legality of the proposal, the fiscal effect upon the state and its subdivisions and its desirability as a matter of public policy."
Senate Journal of May 7, 1998 .......... Page: 681
Point of order:
Senator Wineke raised the point of order Assembly Bill 768 must be referred to the Joint Survey committee on Tax Exemptions.
Ruling on the point of order:
The Chair ruled the point not well taken.
[Note:] Sec. 13.52 (6), stats., requires the referral to the joint survey committee on tax exemptions, at the time of introduction, of any "proposal which affects any existing statute or creates any new statute relating to the exemption of any property or person from any state or local taxes or special assessments."
Under s. 13.52 (6), stats., when a proposal must be referred to the joint survey committee and has been so referred, "such proposal shall not be considered further by either house until the joint survey committee on tax exemptions has submitted a report, in writing, setting forth an opinion on the legality of the proposal, the fiscal effect upon the state and its subdivisions and its desirability as a matter of public policy."
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Assembly Journal of October 5, 1995 .......... Page: 555
Point of order:
Representative Bock rose to the point of order that Assembly amendment 22 to Assembly substitute amendment 1 to Assembly Bill 557 was not germane under Assembly Rule 54(3)(f).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken.
[Note:] The bill was a budget adjustment bill. The amendment related to the transportation facilities economic assistance and development aid.
Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of March 27, 1996 .......... Page: 1044
Point of order:
Representative Brancel rose to the point of order that Assembly amendment 2 to Senate Bill 565 was not germane under Assembly Rule 54 (3) (f).
Ruling on the point of order:
Speaker pro tempore Freese ruled the point of order well taken.
[Note:] The bill related to: recovery of enforcement costs by the department of agriculture, trade and consumer protection in drainage district cases; transferring responsibility for administration of the Wisconsin consumer act; transferring responsibility for supporting the uniform commercial code statewide lien system; correcting references in certain appropriations of the department of financial institutions; the number of unclassified division administrator positions in the gaming board; reversion of transferred funds to the Wisconsin development fund; minority business early planning projects; renumbering the appropriation for administrative services for regulation of industry, safety and buildings; the Milwaukee parental choice program; collection of certain fees by the employment relations commission; payment of principal and interest on bonds issued for the clean water fund program; establishing a Mendota juvenile treatment center; a plan to assure continued funding for the mental health institutes; expanding the county department operating deficit reduction program; changing funding requirements for integrated community services; expanding types of recipients of funds distributed for consumer and family self-help and peer-support programs; transferring an appropriation for principal repayment and interest from the department of industry, labor and job development to the department of health and family services; changing references to low-income and at-risk child care funding; the use of relief block grant funds by tribal governing bodies; administration of Wisconsin works in counties having a population of 500,000 or more; state involvement with certain municipal boundary changes; refunding of municipal bonds; a performance evaluation audit of the University of Wisconsin Hospitals and Clinics Authority; the lease agreement and affiliation agreement between the University of Wisconsin System and the University of Wisconsin Hospitals and Clinics Authority; the contractual services agreement between the University of Wisconsin Hospitals and Clinics Board and the University of Wisconsin Hospitals and Clinics Authority; accumulated sick leave credits for the purchase of health insurance under the Wisconsin retirement system; making certain employes at the University of Wisconsin Hospitals and Clinics Authority eligible for health insurance coverage under a plan offered by the group insurance board and requiring the group insurance board to consult with the University of Wisconsin Hospitals and Clinics Authority in the establishment of this plan; issuance of bonds by the University of Wisconsin Hospitals and Clinics Authority; membership of the University of Wisconsin Hospitals and Clinics Board and of the board of directors of the University of Wisconsin Hospitals and Clinics Authority; storage and management of records of the University of Wisconsin Hospitals and Clinics Authority; applicability of municipal ordinances and regulations to certain buildings, structures and facilities constructed for the benefit or use of local professional baseball park districts; newly incorporated municipalities' populations for shared revenue distributions; local transportation aids for newly incorporated cities and villages; taxes levied by newly incorporated cities and villages; changing the name of the Kickapoo valley governing board; the effective date and initial applicability of adjustments in certain lobbying regulation fees; railroad stockholder reports; bonding authorizations for the department of health and social services; funding and authorized full-time equivalent positions for the land information board; funding, powers and duties of the Wisconsin sesquicentennial commission; prevailing hours of labor for workers employed on state or local public works projects; granting bonding authority; granting rule making authority; and making and decreasing appropriations
The amendment required prison impact assessments for bills creating a felony.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
Chamber: conduct in chamber during session
2 0 0 1 A S S E M B L Y
Assembly Journal of February 13, 2001 .......... Page: 81
Point of order:
Representative Carpenter rose to the point of order that Assembly Joint Resolution 12 was not properly before the Assembly under Assembly Rule 26.
Assembly Journal of February 13, 2001 .......... Page: 82
Ruling on the point of order:
Speaker pro tempore Freese ruled the point of order not well taken.
[Note:] The joint resolution commended the Boy Scouts, which generated strong debate.
Assembly Rule 26 (1) The presiding officer shall preserve order, decorum, and quiet on and about the assembly floor during sessions.
Concurrence in amendment by other house: permitted procedures
