[Note:] The joint resolution revived two proposals for consideration in extraordinary session. It was offered in the extraordinary session and was not offered by one of the committees permitted to offer proposals in extraordinary session.
Assembly Rule 93 (1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
Joint Rule 81 (2) (b) Any extended floorperiod or extraordinary session shall be limited to the business specified in the action by which it is authorized.
(c) Following the official call of any special or extraordinary session, the joint committee on employment relations or on legislative organization, the committees on organization in each house, and any committee of either house so authorized under the rules thereof, may introduce or offer proposals germane to the call, and such proposals may be numbered, referred to committee, and reproduced in advance of the special or extraordinary session under the customary procedures of each house.
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Assembly Journal of September 27, 1995 .......... Page: 507
Point of order:
Representative Plache rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 1, September 1995 Special Session was not germane under Assembly Rule 54(3)(f).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of September 27, 1995 .......... Page: 508
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Plache that Assembly substitute amendment 1 to Assembly Bill 1, September 1995 Special Session was not germane because the bill and the substitute amendment have virtually the same relating clause except eliminated the room tax and the highway infrastructure which, according to Assembly Rule 54(4)(c), is germane because it was limiting the scope of the proposal.
Assembly Bill 1, September 1995 Special Session created a local professional baseball park district in certain jurisdictions that is made up of multi counties contiguous to that county and that is two counties.
Assembly substitute amendment 1 also establishes a professional baseball park made up of multi counties that are contiguous and that is five counties.
Both the bill and the substitute amendment have components that deal with governance those differences that are within the components are different based on a particularized details of the jurisdictions. Both refer to jurisdiction in the plural.
Assembly Bill 1, September 1995 Special Session and Assembly substitute amendment 1 are both germane to the special session call. Where in fact, on the previous ruling dealing with the luxury box should have taken this point into consideration.
In the previous ruling of Assembly amendment 23 to Assembly substitute amendment 1, I neglected to include in that ruling that the amendment is not germane to the call under Assembly Rule 93(1) because no proposal may be considered by the Assembly unless they are germane to the session. We established that it was an expansion based on the fact we had a one tenth of one percent local taxing jurisdiction compared to the amendment that was offering to do a 5.5% in most taxing jurisdictions or most counties and was available to do in all 72 counties if there were indeed a professional type of facility that would use the luxury sky box or that type of system so it was an expansion because it not only raised it from one-tenth of one percent at a local jurisdiction but it was establishing 5.5% statewide sales tax opportunity.
Assembly amendment 23 to Assembly substitute amendment 1 also is dramatically different from the standpoint that it is an expansion, Assembly substitute amendment 1 is dealing with particularized details in the fact that we're dealing with a multi county jurisdiction in both the substitute and the bill.
Representative Plache 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-47. Motion carried.
[Note:] Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Interruptions: when authorized
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Assembly Journal of May 8, 1996 .......... Page: 1119
Point of order:
Representative Carpenter moved that the Speaker Pro Tempore be removed as the presiding officer.
Representative Duff rose to the point of order that the motion to remove the Speaker Pro Tempore as the presiding officer was not properly before the Assembly under Assembly Rules 65 and 66.
Speaker Prosser in the chair.
Representative Carpenter withdrew his motion that the Speaker Pro Tempore be removed as the presiding officer.
[Note:] The motion to remove the speaker was not listed under rule 65 or 66. The procedure for removal of an officer is set out in rule 1. The procedure to reprimand, censure, or expel an officer is set out in rules 43 (3) and 21.
Assembly Rule 65. Privileged and subsidiary motions and requests during debate.
(1) When a main question is under debate the following privileged motions and requests are in order if appropriate under the rules governing motions, requests, and proposals:
Assembly Rule 66. Incidental motions, requests and questions during debate.
Assembly Rule 66 (1) In addition to the motions and requests listed in rule 65 (1) and (2), and subject to the limitations imposed by other rules, the following incidental motions, requests, and questions are in order while a proposal or question is under debate:
Assembly Rule 1. Assembly officers. As early as possible in each legislative biennium, the assembly shall elect from among its members, by roll call vote of a majority of those present, a speaker of the assembly and a speaker pro tempore, and from outside its membership a chief clerk and a sergeant at arms. Those officers shall serve for the legislative biennium unless separated by death, resignation, or removal by a majority of the current membership of the assembly. A midterm vacancy in any of those offices shall be filled by an election scheduled by the speaker as a special order of business.
Mason's Manual Sec. 581. Removal of Presiding Officer.
1. A presiding officer who has been elected by the house may be removed by the house upon a majority vote of all the members elected, and a new presiding officer pro tempore elected and qualified.
Sec. 581, Par. 1: In re Speakership of the House of Representatives (1890), 15 Colo. 520, 25 P. 707; Jefferson, Sec. IX; Reed, Sec. 36; Malone v. Meekins (Alaska 1982), 650 P.2d 351.
2. When there is no fixed term of office, an officer holds office at the pleasure of the organization or until a successor is elected and qualified.
Sec. 581, Par. 2: Ostrom v. Greene (1897), 45 N.Y.S. 852.
Article IV, 30 Elections by legislature. Section 30. All elections made by the legislature shall be by roll call vote entered in the journals.
Article XIII, 6 Legislative officers. Section 6. The elective officers of the legislature, other than the presiding officers, shall be a chief clerk and a sergeant at arms, to be elected by each house.
Assembly Rule 43 (3) Any resolution to reprimand, censure, or expel an officer or member of the assembly shall identify the charges against the officer or member cited and shall be referred to the committee on ethics and standards of conduct for review under rule 21.
Assembly Rule 21. Ethics and standards of conduct, special committee on.
(1) Any resolution to reprimand, censure, or expel an officer or member of the assembly shall be referred to a special committee on ethics and standards of conduct, convened for the purpose of holding one or more public hearings on the resolution and submitting the committee's recommendation to the assembly. The special committee shall consist of 3 members of the majority party and 3 members of the minority party, appointed as are the members of standing committees.
(2) The hearing shall be scheduled as soon as possible, allowing reasonable time to ascertain the facts of the controversy, to furnish a copy of the detailed written charges to the officer or member cited, and to permit that person to prepare a proper defense.
(3) At the hearing, the officer or member cited may have the advice of counsel, may offer testimony to mitigate or refute the charges, and may cross-examine any witness testifying in support of the charges.
(4) With the consent of the officer or member cited, the committee may vote to close parts of the hearing to the public.
(5) Promptly after the conclusion of the hearing, the committee shall return the resolution to the assembly together with a written report containing the committee's recommendation for action on the resolution.
Messaging bill to other house or to governor
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Assembly Journal of July 2, 2001 .......... Page: 358
Point of order:
Representative Duff rose to the point of order that a motion to table the motion to suspend the rules to immediately message Senate Bill 55 to the Senate was not properly before the Assembly under Assembly Rule 74 (3).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of July 26, 2001 .......... Page: 371
Representative Duff withdrew his point of order raised on Monday, July 2, that a motion to table the motion to suspend the rules to immediately message Senate Bill 55 to the Senate was not properly before the Assembly under Assembly Rule 74 (3).
Assembly Journal of July 2, 2001 .......... Page: 358
Ruling on the point of order:
The Chair ruled the point of order raised by Representative Duff that a motion to table the motion to suspend the rules to immediately message Senate Bill 55 to the Senate was not properly before the Assembly because a motion on the bill had been taken under advisement and that removed the bill from further consideration under Assembly Rule 62 (3)(b)1.
[Note:] Assembly Rule 74 (3) A motion to table may not be applied to procedural motions, except that a motion to withdraw a proposal from committee may be tabled if the motion to withdraw does not involve a suspension of the rules.
Assembly Rule 62 (3) The presiding officer may speak on points of order in preference to others and may:
(a) Immediately announce and explain a ruling on a point of order that has been raised; or
(b) Defer such ruling by taking a point of order under advisement.
1. When the point of order concerns a proposal or a question currently pending on such proposal, taking the point of order under advisement removes the proposal from further consideration until the presiding officer announces the ruling on the point of order.
Assembly Journal of July 2, 2001 .......... Page: 358
Point of order:
Representative Krug moved that all Democratic members of the Assembly be recorded as voting Aye" on the question of shall the rules be suspended and Senate Bill 55 be immediately messaged to the Senate.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the motion not properly before the Assembly because there was no motion or vote that existed and that Representative Krug's motion was dilatory under Assembly Rule 69 (4).
Representative Krug appealed the ruling of the Chair that the motion was dilatory under Assembly Rule 69 (4).
Speaker Pro Tempore Freese took the appeal under advisement.
[Note:] Assembly Rule 69 (4) While a motion remains undecided pending the presiding officer's ruling on a point of order taken under advisement, it is dilatory to enter a substantially similar motion on the same question, but it is proper to request an expansion of the question under advisement.
Assembly Journal of October 30, 2001 .......... Page: 484
Point of order:
Representative Ladwig moved that the rules be suspended and that Assembly Bill 380 be immediately messaged to the Senate.
Representative Black moved that the motion, that the rules be suspended and that Assembly Bill 380 be immediately messaged to the Senate, be amended to substitute Assembly Bill 294 be given a second reading.
Representative Ladwig asked unanimous consent to withdraw her motion that the rules be suspended and that Assembly Bill 380 be immediately messaged to the Senate.
Representative Cullen objected.
Representative Hubler rose to the point of order that amending a motion to substitute a different proposal is not in order under Assembly Rules or Mason's Manual, Chapter 28.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of October 30, 2001 .......... Page: 487
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Hubler that amending a motion to substitute a different proposal is not in order under Assembly Rules or Mason's Manual, Chapter 28.
[Note:] Assembly Rule 68. Amendments to motions to be germane. Amendments to amendable motions are subject to the rules of germaneness in rule 54 as if they were amendments to proposals and amendments.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(a) One individual proposition amending another individual proposition.
MASON'S MANUAL
Sec. 64. Amendability of Motions. 1. ....There are limitations, however, on the right to amend, particularly with reference to certain procedural motions. There is a convenient rule by which it is possible to determine whether a proposal is subject to amendment. If it could properly have been submitted in a different form, it can be amended. If the proposition could not have been stated in a different form, it cannot be amended.
Sec. 282. Motion to Suspend the Rules
6. A motion to suspend the rules may not be:
(a) Amended.
(b) Debated.
(c) Laid on the table.
(d) Referred to committee.
(e) Postponed.
(f) Reconsidered or renewed for the same purpose on the same day, unless other business has intervened or there has been a change in the parliamentary situation.
A motion to suspend the rules may not have any other subsidiary motion applied to it.
Motions: maker's right to withdraw
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Assembly Journal of March 18, 2003 .......... Page: 133
Point of order:
Representative Jensen rose to the point of order that Assembly amendment 4 to Assembly substitute amendment 1 to Assembly Bill 126 was not germane under Assembly Rule 54.
Representative Jensen withdrew his point of order.
[Note:] The bill directed the Legislative Audit Bureau to study the Milwaukee Parental Choice Program. The amendment required private schools to met certain standards.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
Assembly Rule 54 (4) Amendments that are germane include:
(e) An amendment relating only to particularized details.
Assembly Journal of May 29, 2003 .......... Page: 227
Point of order:
Representative Hundertmark rose to the point of order that Assembly amendment 4 to Assembly substitute amendment 1 to Assembly Bill 67 was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of May 29, 2003 .......... Page: 229
Representative Hundertmark withdrew her point of order that Assembly amendment 4 to Assembly substitute amendment 1 to Assembly Bill 67 was not germane under Assembly Rule 54.
Representative Schneider asked unanimous consent that Assembly amendment 4 to Assembly substitute amendment 1 to Assembly Bill 67 be laid on the table. Granted.
[Note:] The substitute amendment permitted health care providers to refuse to participate in certain procedures on moral or religious grounds. The amendment added to the list of procedures procedures for providing sildenafil citrate (Viagra).
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
Assembly Rule 54 (4) Amendments that are germane include:
(e) An amendment relating only to particularized details.
Assembly Journal of January 27, 2004 .......... Page: 645
Point of order:
Representative Kreuser asked unanimous consent that the rules be suspended and that Senate Bill 214 be withdrawn from today's calendar and taken up at this time.
Representative Foti objected.
Representative Kreuser moved that the rules be suspended and that Senate Bill 214 be withdrawn from today's calendar and taken up at this time.
Representative Gard rose to the point of order that the motion to suspend the rules to withdraw Senate Bill 214 from today's calendar was not in order.
Assembly Journal of January 27, 2004 .......... Page: 646
Speaker Pro Tempore Freese took under advisement the point of order that was raised by Representative Gard that the motion to suspend rules and take up Senate Bill 214 from today's calendar was not in order.
Assembly Journal of February 3, 2004 .......... Page: 663
Representative Foti withdrew the point of order raised on Tuesday, January 27, that a motion to suspend the rules to take up Senate Bill 214 was not in order.
[Note:] The bill, carrying or going armed with a concealed weapon, was vetoed by the governor, and the senate, but not the assembly, overrode the veto.
Assembly Journal of March 2, 2004 .......... Page: 772
Point of order:
Representative Black rose to the point of order that the motion to reconsider the vote by which Assembly amendment 7 to Assembly substitute amendment 1 to Assembly Bill 792 was adopted was not timely under Assembly Rule 73.
