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.
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Representative Travis asked unanimous consent that the rules be suspended and that Assembly Bill 768 be withdrawn from the joint survey committee on Retirement Systems and taken up at this time.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 June 11, 1997 .......... Page: 196
Point of order:
Senator Decker raised the point of order that Senate amendment 4 to Senate Bill 182 is not germane.
The Chair took the point under advisement.
Senate Journal of June 11, 1997 .......... Page: 197
Senator Decker with unanimous consent, asked to withdraw his point of order.
Senator Decker moved rejection of Senate amendment 4 to Senate Bill 182.
[Note:] The bill required instruction in public schools of the history of organized labor. The amendment added the history of farming and agricultural labor.
Once an amendment or proposal is offered or introduced in the senate, it belongs to the senate. Therefore, it can be returned to the author only by permission of the senate.
Senate Rule 99 (69) Request: A proposed action that does not require a vote because: a) unanimous consent has been asked for; or 1g) the presiding officer has the authority to take or order the requested action.
Senate Rule 99 (92) Unanimous consent: A request for a specific purpose; if an objection is not heard, it is assumed that the request has the consent of the entire body.
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 March 19, 1998 .......... Page: 533
Point of order:
Senator Chvala raised the point of order that Senate amendment 1 to Senate Bill 389 is not germane.
The Chair took the point under advisement.
Senate Journal of March 19, 1998 .......... Page: 534
Senator Roessler, with unanimous consent, asked that Senate amendment 1 to Senate Bill 389 be withdrawn and returned to author.
[Note:] The bill provided exceptions for dental plans from certain mandated coverages. The amendment added provisions regarding policy coverages for only specified diseases and maximums for required coverages.
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.
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Assembly Journal of April 5, 1995 .......... Page: 199
Point of order:
Representative Wood rose to the point of order that Assembly amendment 1 to Assembly Bill 1 was not germane under Assembly Rule 54(3)(f).
Representative Wood withdrew his point of order.
[Note:] The bill discontinued interim allowances to legislators for postage and clerical assistance. The amendment also discontinued the extra allowance for the speaker.
Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Once an amendment or proposal is offered or introduced in the assembly, it belongs to the assembly. Therefore, it can be returned to the author only by permission of the assembly.
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:
(g) A request or motion by the author of a pending amendment that it be withdrawn and returned to the author.
Assembly Journal of April 7, 1995 .......... Page: 228
Point of order:
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Hubler that Assembly members may be referred to by name when reading from a document that is currently under debate, because under Assembly Rule 56(1), a member "shall confine his or her remarks to the question before the assembly and shall avoid personalities. A member may be recognized or addressed only by the number of the member's district."
Representative Hubler appealed the ruling of the chair.
Representative Hubler withdrew her point of order to refer to members of the Assembly by name when reading from a printed document currently before the Assembly.
[Note:] This may have been a parliamentary inquiry, not a point of order.
Assembly Journal of May 24, 1995 .......... Page: 285
Point of order:
Representative Krug rose to the point of order that Part 1 of Assembly amendment 26 to Assembly Bill 130 was not germane under Assembly Rule 54(3)(f).
The Assembly stood informal.
Representative Krug withdrew her point of order.
[Note:] The bill related to the criminal justice code. The amendment related to the youth offender program.
Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Rule 95 (68) Remain informal: A temporary suspension of proceedings in the assembly.
Assembly Journal of October 5, 1995 .......... Page: 558
Point of order:
Representative Hubler rose to the point of order that the hour of 8:00 P.M. having arrived the Assembly is adjourned under Assembly Rule 28 (2).
Speaker Pro Tempore Freese took the point of order under advisement.
The Assembly stood informal.
Representative Jensen asked unanimous consent that Assembly Bill 557 be laid on the table. Granted.
Representative Hubler withdrew her point of order.
[Note:] The 8:00 P.M. rule was later repealed.
Assembly Journal of February 1, 1996 .......... Page: 819
Point of order:
Representative Freese rose to the point of order that Assembly amendment 7 Assembly substitute amendment 1 to Assembly Bill 718 was not germane under Assembly Rule 54(3)(f).
Representative Freese withdrew his point of order.
[Note:] The bill permitted alcohol testing of public school students. The amendment authorized pupils who submitted to alcohol breath tests to have a blood test.
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 27, 1996 .......... Page: 1046
Point of order:
Representative Freese rose to the point of order that Assembly amendment 2 to Senate Bill 615 was not germane under Assembly Rule 54 (3) (f).
The chair (Representative Duff) took the point of order under advisement.
Point of order:
Representative Freese rose to the point of order that Assembly amendment 3 to Senate Bill 615 was not germane under Assembly Rule 54 (3) (f).
The chair (Representative Duff) took the point of order under advisement.
Representative Freese withdrew his points of orders on Assembly amendment 2 and Assembly amendment 3 to Senate Bill 615.
Representative Freese moved that Assembly amendment 2 to Senate Bill 615 be laid on the table.
[Note:] The bill transferred the responsibility for child welfare services in Milwaukee County to the Wisconsin Department of Health and Family Services. The amendment established a Milwaukee County residency requirement for persons holding 28 of the state positions created in the bill.
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 7, 1996 .......... Page: 1108
Point of order:
Representative Prosser rose to the point of order that Assembly substitute amendment 1 to Assembly Joint Resolution 98 was not germane under Assembly Rule 54 (3) (f).
Speaker Pro Tempore Freese in the chair.
Representative Prosser withdrew his point of order.
[Note:] The joint resolution revived 1995 AB 758 and provided that consideration of it would begin at the stage the bill was at just before the final floorperiod was adjourned. The substitute amendment provided that consideration would start at the 2nd reading stage (the amendable stage).
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 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.
Assembly Journal of May 9, 1996 .......... Page: 1145
Point of order:
Representative Brancel rose to the point of order that Assembly amendment 2 to Assembly Joint Resolution 102 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.
