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.
Assembly Journal of October 30, 2001 .......... Page: 485
Point of order:
Representative Foti rose to the point of order that Assembly amendment 1 to Assembly Bill 241 was not germane under Assembly Rule 54.
Representative Black asked unanimous consent that Assembly amendment 1 to Assembly Bill 241 be withdrawn and returned to the author. Granted.
[Note:] The bill required the reporting of traffic violations and accidents involving diplomats. The amendment related to employment discrimination assessments and created a wage disparity study.
Assembly Rule 54 (1) General statement: The assembly may not consider any assembly amendment or assembly substitute amendment that relates to a different subject or is intended to accomplish a different purpose than that of the proposal to which it relates or that, if adopted and passed, would require a relating clause for the proposal which is substantially different from the proposal's original relating clause or that would totally alter the nature of the proposal.
(3) Assembly amendments that are not germane include:
(a) One individual proposition amending another individual proposition.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of November 6, 2001 .......... Page: 520
Point of order:
Representative Travis rose to the point of order that the Chair (Representative Duff) was required, under Assembly Rule 62 (3m), to rule on the point of order raised on June 12, 2001 that Assembly amendment 2 to Senate Bill 110 was not germane under Assembly Rule 54.
Representative Travis withdrew his point of order.
[Note:] The question raised the issue of the meaning of legislative day, in particular, the meaning of "in session."
Assembly Rule 95 (43) Legislative day: Any day on which the legislature is in session.
Assembly Rule 62 (3m) The presiding officer shall rule on a point of order within 7 legislative days after the point of order is raised or on the final legislative day of the last general-business floorperiod preceding the veto review session, whichever is earlier.
Assembly Journal of March 7, 2002 .......... Page: 751
Point of order:
Representative Carpenter rose to a point of order that Speaker Pro Tempore Freese should have recognized Representative Young prior to Representative Ladwig. Representative Young was standing immediately following the vote of passage on Assembly Bill 872.
Speaker Pro Tempore Freese stated that it has been a precedent of the Assembly that the Chair will recognize members of leadership prior to other members of the Assembly. (Assembly Rule 91).
Representative Carpenter withdrew his point of order.
[Note:] Assembly Rule 56 (2) When 2 or more members rise at the same time, the presiding officer shall announce the order that the members may speak. Any such decision is final.
Assembly Rule 91 (2) Established precedents of both houses, long-established custom, opinions of the attorney general interpreting rules and precedents, and other leading parliamentary authorities such as Mason's manual may be used in the interpretation of both the assembly rules and the rules in Jefferson's manual.
The precedent of the Assembly that the Chair will recognize members of leadership prior to other members of the Assembly is a Wisconsin addition to the basic practice noted by Mason's Manual:
MASON'S MANUAL
Sec. 91. Recognition of Members
3. The following rules should guide the presiding officer in determining whom to recognize:
(a) The first member rising and requesting recognition is entitled to the floor over others.
(b) When two or more members ask recognition at the same time, the one first rising is entitled to prior recognition.
(c) When two or more members arise at the same time, the one first addressing the presiding officer is entitled to be first recognized.
(d) The presiding officer has the authority to designate the member who is first to speak, subject only to points of order and appeals in case of flagrant or persistent unfairness.
4. In recognizing members, it is the custom for the presiding officer to alternate between those favoring and those opposing the pending question.
5. The presiding officer has the right to inquire for what purpose a member arises to ascertain whether the member proposes business which is in order or a motion which has a higher precedence.
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Assembly Journal of June 29, 1999 .......... Page: 269
Point of order:
Representative Travis rose to the point of order that Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 133 was not properly before the Assembly under s. 13.50 of the Wisconsin Statutes.
The Assembly stood informal.
Representative Travis asked unanimous consent that his point of order be withdrawn.
Representative Ward objected.
Representative Travis asked unanimous consent that his point of order be withdrawn. 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.
Assembly Journal of September 23, 1999 .......... Page: 344
Point of order:
Representative Duff rose to the point of order that Assembly amendment 16 to Assembly Bill 465 was not germane under Assembly Rule 54(3)(b).
Speaker Pro Tempore Freese took the point of order under advisement.
Representative Duff withdrew his point of order that Assembly Amendment 16 to Assembly Bill 465 was not germane under Assembly Rule 54(3)(b).
Representative Duff rose to the point of order that Assembly amendment 16 to Assembly Bill 465 was not germane under Assembly Rule 54(3)(c).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
[Note:] The bill related to classification and elements of felony offenses. AA-16 was identical to approximately two-thirds of AA-14.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(b) A general proposition amending a specific proposition.
(c) An amendment substantially similar to an amendment already acted upon.
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. .......
Assembly Journal of February 8, 2000 .......... Page: 650
Point of order:
Representative Jeskewitz rose to the point of order that Assembly amendment 3 to Assembly Bill 563 was not germane under Assembly Rule 54 (1).
Representative Jeskewitz withdrew her point of order.
[Note:] The bill created universal banks and the amendment established financial privacy requirements for universal banks.
Assembly Rule 54 (1) General statement: The assembly may not consider any assembly amendment or assembly substitute amendment that relates to a different subject or is intended to accomplish a different purpose than that of the proposal to which it relates or that, if adopted and passed, would require a relating clause for the proposal which is substantially different from the proposal's original relating clause or that would totally alter the nature of the proposal.
Assembly Journal of March 29, 2000 .......... Page: 880
Point of order:
Representative Meyer rose to the point of order that Assembly Bill 942 was not properly before the Assembly under Assembly Rule 35.
The Chair (Representative Duff) took the point of order under advisement.
Representative Meyer withdrew his point of order that Assembly Bill 942 was not properly before the Assembly under Assembly Rule 35.
[Note:] Assembly Rule 35 (1) A proposal, conference committee report, or veto, except a resolution under rule 33 or 43, may not be considered until it has been made available to the members for at least 24 hours excluding Saturdays, Sundays, and legal holidays. If the rules are suspended for the consideration of any proposal before it is available, the proposal shall be read at length at least once before its final passage or final adoption and concurrence.
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Assembly Journal of May 15, 1997 .......... Page: 154
Point of order:
Representative Freese rose to the point of order that Assembly amendment 1 to Assembly Bill 287 was not germane under Assembly Rules 54 (1) and (3) (f).
Representative Freese withdrew his point of order that Assembly amendment 1 to Assembly Bill 287 was not germane.
Representative Black asked unanimous consent that Assembly amendment 1 to Assembly Bill 287 be withdrawn and returned to the author. Granted.
[Note:] The bill stated that to increase the rate of the state sales tax that each house of the legislature needed a two-thirds vote. The amendment exempted from the two-thirds vote the sales tax on food.
Assembly Rule 54 (1) General statement: The assembly may not consider any assembly amendment or assembly substitute amendment that relates to a different subject or is intended to accomplish a different purpose than that of the proposal to which it relates or that, if adopted and passed, would require a relating clause for the proposal which is substantially different from the proposal's original relating clause or that would totally alter the nature of the proposal.
(3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of May 15, 1997 .......... Page: 154
Point of order:
Representative Freese rose to the point of order that Assembly amendment 7 to Assembly Bill 287 was not germane under Assembly Rules 54 (1) and (3)(f).
Representative Ziegelbauer asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 9 be withdrawn from the committee on Rules and taken up at this time.
Representative Foti objected.
Representative Freese withdrew his point of order that Assembly amendment 7 to Assembly Bill 287 was not germane.
Representative Freese moved that Assembly amendment 7 to Assembly Bill 287 be laid on the table.
[Note:] The bill stated that to increase the rate of the state sales tax that each house of the legislature needed a two-thirds vote. The amendment exempted income tax increases for individuals with gross income of $1,000,000 from the two-thirds vote. Assembly Joint Resolution 9 established the two-thirds requirement in the constitution.
Assembly Rule 54 (1) General statement: The assembly may not consider any assembly amendment or assembly substitute amendment that relates to a different subject or is intended to accomplish a different purpose than that of the proposal to which it relates or that, if adopted and passed, would require a relating clause for the proposal which is substantially different from the proposal's original relating clause or that would totally alter the nature of the proposal.
(3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of May 15, 1997 .......... Page: 157
Point of order:
Representative Freese rose to the point of order that Assembly amendment 8 to Assembly Bill 287 was not germane under Assembly Rules 54 (1) and (3)(f).
The Chair (Representative Duff) took the point of order under advisement.
Representative Freese withdrew his point of order that Assembly amendment 8 to Assembly Bill 287 was not germane.
Representative Freese moved that Assembly amendment 8 to Assembly Bill 287 be laid on the table.
[Note:] The bill stated that to increase the rate of the state sales tax that each house of the legislature needed a two-thirds vote. The amendment exempted corporate franchise tax increases for corporations with total gross receipts of $1,000,000,000 from the two-thirds vote.
Assembly Rule 54 (1) General statement: The assembly may not consider any assembly amendment or assembly substitute amendment that relates to a different subject or is intended to accomplish a different purpose than that of the proposal to which it relates or that, if adopted and passed, would require a relating clause for the proposal which is substantially different from the proposal's original relating clause or that would totally alter the nature of the proposal.
(3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of March 10, 1998 .......... Page: 634
Point of order:
Representative Wasserman rose to the point of order that Assembly amendment 27 to Senate Bill 315 was not germane under Assembly Rule 54 (3) (f).
Speaker pro tempore Freese took the point of order under advisement.
Representative Wasserman withdrew his point of order that Assembly amendment 27 to Senate Bill 315 was not germane under Assembly Rule 54(3)(f).
Representative Meyer asked unanimous consent that Assembly amendment 27 to Senate Bill 315 be withdrawn and returned to the author. Granted.
[Note:] The bill transferred the functions of the office of health care information to the department of health and family services. The amendment required employers to submit to the department information regarding occupational injuries.
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 April 28, 1998 .......... Page: 821
Point of order:
Representative Underheim rose to the point of order that Assembly amendment 1 to Assembly substitute amendment 2 to Senate Bill 274 was not germane under Assembly Rule 54 (3)(f).
Representative Underheim withdrew his point of order that Assembly amendment 1 to Assembly substitute amendment 2 to Senate Bill 274 was not germane under Assembly Rule 54 (3)(f).
[Note:] The substitute amendment related to sending disruptive pupils from the class and
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
