[Note:] The bill required, that in order to qualify for a grant for campaign expenses, a candidate for legislative office must raise at least 50% of his or her qualifying contributions from individuals who are residents of a county having territory within the district in which the candidate seeks office.
Joint Rule 41 (1) (a) All bills making an appropriation and any bill increasing or decreasing existing appropriations or state or general local government fiscal liability or revenues shall carry a fiscal estimate.
Joint Rule 49 (1) Any member may at any time that a bill is before the house raise the issue that the bill requires a fiscal estimate, and if the presiding officer determines that the bill (not having the estimate) requires an estimate, the presiding officer shall direct the legislative reference bureau to secure the requisite estimate.
(2) Bills requiring fiscal estimates shall not be voted on by either house, and shall receive neither a public hearing nor be voted on by a standing committee, before the receipt of the original fiscal estimate for the bill.
Assembly Journal of May 19, 1999 .......... Page: 199
Point of order:
Representative Schneider rose to the point of order that Assembly Bill 170 was not properly before the Assembly under s. 13.093 (2) Wisconsin Statutes because it required a fiscal estimate.
Speaker pro tempore Freese ruled the point of order not well taken.
[Note:] The bill permits school boards to adopt rules regarding dress of pupils, including the wearing of uniforms.
13.093(2)(a) Any bill making an appropriation and any bill increasing or decreasing existing appropriations or state or general local government fiscal liability or revenues shall, before any vote is taken thereon by either house of the legislature if the bill is not referred to a standing committee, or before any public hearing is held before any standing committee or, if no public hearing is held, before any vote is taken by the committee, incorporate a reliable estimate of the anticipated change in appropriation authority or state or general local government fiscal liability or revenues under the bill, including to the extent possible a projection of such changes in future biennia. .....
Fiscal estimate: required
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Assembly Journal of February 2, 2000 .......... Page: 629
Point of order:
Representative Duff rose to the point of order that the motion to withdraw Assembly Bill 630 from the committee on Health was not in order under s. 13.093 (2)(a), Wisconsin Statutes, because a fiscal estimate had not been received.
Speaker Pro Tempore Freese took the point of order under advisement.
Representative Duff withdrew his point of order that Assembly Bill 630 was not in order because a fiscal estimate has not been received
Representative Meyer moved that the rules be suspended and that Assembly Bill 630 be withdrawn from the committee on Health and taken up at this time.
[Note:] The bill designated areas of the state that have a shortage of providers of personal care services.
The fiscal estimate may have been received after the point of order was made and before the ruling.
13.093(2)(a) Any bill making an appropriation and any bill increasing or decreasing existing appropriations or state or general local government fiscal liability or revenues shall, before any vote is taken thereon by either house of the legislature if the bill is not referred to a standing committee, or before any public hearing is held before any standing committee or, if no public hearing is held, before any vote is taken by the committee, incorporate a reliable estimate of the anticipated change in appropriation authority or state or general local government fiscal liability or revenues under the bill, including to the extent possible a projection of such changes in future biennia. For purposes of this paragraph, a bill increasing or decreasing the liability or revenues of the unemployment reserve fund is considered to increase or decrease state fiscal liability or revenues. .......
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Assembly Journal of March 24, 1998 .......... Page: 733
Point of order:
Representative Notestein rose to the point of order that Assembly Bill 942 was not properly before the Assembly because pursuant to s. 13.093(2)(a) of the Wisconsin Statutes and Joint Rule 41(1)(a), a fiscal estimate is required before action by the Assembly can be taken.
Speaker Jensen took the point of order under advisement.
Assembly Journal of March 25, 1998 .......... Page: 754
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Notestein on Tuesday, March 24 that Assembly Bill 942 was not properly before the Assembly pursuant to s. 13.093 of the Wisconsin Statutes and Joint Rule 41(1)(a) at that time. However, since a Fiscal Estimate had been received since that time, Assembly Bill 942 was now properly before the Assembly.
[Note:] 13.093 (1) All bills introduced in either house of the legislature for the appropriation of money, providing for revenue or relating to taxation shall be referred to the joint committee on finance before being passed.
Joint Rule 41 (1) (a) All bills making an appropriation and any bill increasing or decreasing existing appropriations or state or general local government fiscal liability or revenues shall carry a fiscal estimate.
Germaneness: amendment to amendment (germane to amendment and proposal)
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Assembly Journal of June 29, 1999 .......... Page: 257
Point of order:
Representative Black rose to the point of order that Assembly amendment 25 to Assembly Amendment 2 to Assembly substitute amendment 1 Assembly Bill 133 was not germane under Assembly Rule 54 (3)(c) and (5).
The Chair (Representative Duff) ruled the point of order not well taken.
The Chair ruled as follows:
"Assembly amendment 25, which prohibited constitutional officers, except the governor, from having their likeness on an outdoor sign, sought to replace language in Assembly amendment 2 prohibiting constitutional officers, except the governor, from using state funds to place their likeness on a billboard.
Assembly amendment 25 is not a substantial expansion of Assembly amendment 2 because it amended and modified the same section, subject and related to the particularized details included in Assembly amendment 2. The amendment also did not substantially expand the scope of the original proposal, a multi-subject executive budget bill, because it merely adds to the directives and requirements to state agencies and constitutional officers that are typically included in budget bills."
Representative Meyer 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-54, Noes-45. Motion carried.
[Note:] Assembly Rule 54 (3) Assembly amendments that are not germane include:
(e) An amendment that negates the effect of another assembly amendment previously adopted.
(5) An amendment to an amendment must be germane to both the amendment and the original proposal.
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Assembly Journal of April 28, 1998 .......... Page: 815
Point of order:
Representative Huebsch rose to the point of order that Assembly amendment 1 to Senate amendment 1 to Assembly Bill 736 was not germane under Assembly Rule 54 (3)(f) and Assembly 54 (5).
Speaker Pro Tempore Freese took the point of order under advisement.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Huebsch that Assembly amendment 1 to Senate amendment 1 to Assembly Bill 736 was not germane.
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-46. Motion carried.
[Note:] The bill made various changes to hunting and fishing regulation. Senate amendment 1 related to licenses for those eligible for social security benefits. The assembly amendment permitted applicants to refuse to provide social security numbers for religious reasons.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
(5) An amendment to an amendment must be germane to both the amendment and the original proposal.
Assembly Journal of May 5, 1998 .......... Page: 847
Point of order:
Representative R. Young rose to the point of order that Assembly amendment 5 to Senate substitute amendment 1 to Assembly Bill 351 was not germane under Assembly Rule 54(5).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of May 5, 1998 .......... Page: 848
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative R. Young that Assembly amendment 5 to Senate substitute amendment 1to Assembly Bill 351 was not germane.
Representative Walker moved that Assembly amendment 5 to Senate substitute amendment 1 to Assembly Bill 351 be laid on the table.
[Note:] The bill related to felony sentences, parole, and community supervision. The substitute amendment also created a criminal penalties study committee. The amendment prohibited requests for funding under the bill for programs that promote, encourage, or counsels in favor of birth control, abortion, or sterilization.
Assembly Rule 54 (5) An amendment to an amendment must be germane to both the amendment and the original proposal.
Germaneness: appropriation to implement intent (addition permitted)
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Assembly Journal of February 15, 2001 .......... Page: 94
Point of order:
Representative Black rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 100 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken. Speaker Pro Tempore Freese cited as precedent the ruling on 1999 Assembly Bill 941 which appeared on page 921 of the Assembly Journal of April 11, 2000.
[Note:] The ruling mentioned above stated in part: "The rules clearly indicate that by adding an appropriation it does not expand the scope of the bill. This is a germane amendment. That's very clear from this Chair's perspective, under the rules."
Assembly Rule 54 (4) Amendments that are germane include:
(d) An amendment adding appropriations necessary to fulfill the original intent of a bill.
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Assembly Journal of September 28, 1999 .......... Page: 353
Point of order:
Representative Krug rose to the point of order that Assembly amendment 4 to Assembly Bill 234 was not germane under Assembly Rule 54 (3) (f).
The Chair (Representative Duff) took the point of order under advisement.
Assembly Journal of September 30, 1999 .......... Page: 368
Ruling on the point of order:
The Chair (Representative Duff) ruled not well taken the point of order raised by Representative Krug on Tuesday, September 28, that Assembly amendment 4 to Assembly Bill 234 was not germane under Assembly Rule 54(3)(f).
Representative Freese moved that Assembly amendment 4 to Assembly Bill 234 be laid on the table. Granted.
[Note:] The bill related to grants from the Wisconsin Election Campaign Fund to candidates for supreme court justice. The amendment changed the funding source for the grants.
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 March 29, 2000 .......... Page: 879
Point of order:
Representative Black rose to the point of order that Assembly substitute amendment 2 to Assembly Bill 941 was not properly before the Assembly under 13.52(6), Wisconsin Statutes and was not germane under Assembly Rule 54(1).
Speaker pro tempore Freese ruled the point of order not well taken.
Assembly Journal of April 11, 2000 .......... Page: 921
Ruling on the point of order:
On Wednesday, March 29 (page 879 of the Assembly Journal), Representative Black rose to the point of order that Assembly substitute amendment 2 to Assembly Bill 941 was not properly before the Assembly.
Speaker Pro Tempore Freese ruled the point of order not well taken.
The full text of Speaker Pro Tempore Freese's ruling follows:
The rules clearly indicate that by adding an appropriation it does not expand the scope of the bill. This is a germane amendment. That's very clear from this Chair's perspective, under the rules.
The Chair is prepared to rule on the point of order.
I appreciate the fact that the gentleman from the 77th gave me the heads up on this particular point of order to be raised so that I could do a little bit of research in order to be able to act on this in a relatively timely fashion. In checking with the previous Rulings of the Chair there is no clear case on this issue at all. There is no item where we refer to changing an appropriation into a tax exemption or taking a tax exemption and changing it into something else. There just isn't a case that has ever come before the Assembly that deals with this issue, so this will be precedent ruling on this particular issue. I did consult with Peter Dykman in trying to better understand exactly where we go with this matter. His memo to me dealt with the fact that there is no clear answer to your question regarding germaneness of an amendment adding a tax exemption to a new bill.
The gentleman from the 77th pointed to Section 13.52(6), which clearly, if the bill is introduced with a tax exemption in it, it is required to go to the Joint survey committee on Tax Exemptions and there must be a report before we can take it up for consideration. Nowhere in the bill do I find a tax exemption; therefore it is not bound by Section 13.52(6).
The gentleman pointed to Assembly Rule 54(1) which related to a different subject that would require a substantial change of the relating clause making it a different subject. When I look at both the sub and the amendment, there really are five words that differ between the sub and the amendment. For the most part the relating clause is the same. The amendment deals with financial assistance for an air carrier that operates from a hub facility, creating an airport financing committee, granting rule making authority and making an appropriation. The sub deals with a property tax exemption for an air carrier that operates from a hub facility, creating an airport financing committee, granting rule making authority and making an appropriation. So the key words here are property tax exemption versus financial assistance. There is no fiscal estimate prepared for the sub, nor is one required to be prepared for the sub, but clearly there is a fiscal estimate for the bill which results in $1.5 million.
