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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(g) A request or motion by the author of a pending amendment that it be withdrawn and returned to the author.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.
Representative Carpenter appealed the ruling of the Chair.
Representative Carpenter withdrew his motion.
Representative Jensen asked unanimous consent that the rules be suspended and that Senate Bill 536 be withdrawn from the joint committee on Finance and placed on the calendar of Monday, May 13. Granted.
[Note:] The joint resolution placed on the ballot an advisory referendum asking whether the state should continue to provide property tax relief by paying two-thirds of the costs of local school costs without raising sales or income taxes. The amendment substituted "increasing state taxes" for "raising sales or income taxes".
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
Motions: proper time for making
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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.
Representative Montgomery withdrew his motion to reconsider the vote by which Assembly amendment 7 to Assembly substitute amendment 1 to Assembly Bill 792 was adopted.
[Note:] Assembly Rule 73 (2) (a) A motion to reconsider any decision, other than passage of or concurrence in a proposal, may only be entered after the question to which the motion relates has been decided and must be entered either: 1) before the relating clause of the next proposal is read by the clerk, the next order of business is announced by the presiding officer, or other business is begun; or 2) on the 7th order of business on the 2nd legislative day thereafter.
(b) For any decision other than passage, adoption, concurrence, indefinite postponement, rejection, or nonconcurrence, the motion for reconsideration shall be considered when the proposal is next regularly scheduled for consideration.
(4) (a) A motion to reconsider the decision on an amendment shall be placed on the same calendar as the motion to reconsider the final 2nd reading stage decision on the proposal to which the amendment relates, regardless of when made. The failure of any calendar that has been provided to members to show a motion to reconsider a decision on an amendment does not prevent the consideration of the motion under the proper order of business on that calendar day.
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Senate Journal of November 11, 2003 .......... Page: 477
Point of order:
Senator Chvala moved to suspend rules to withdraw from committee on Labor, Small Business Development and Consumer Affairs and take up Senate Bill 240.
Senator Panzer raised the point of order that the motion to withdraw from committee on Labor, Small Business Development and Consumer Affairs Senate Bill 240 was not properly before the Senate.
Ruling on the point of order:
The Chair ruled the point of order well taken.
Senator Erpenbach 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-18, Noes-14. Decision of the Chair stands as the judgement of the Senate.
[Note:] Senate Rule 17 (1) (n) Fourteenth order. Motions may be offered.
Senate Rule 41 (1) (a) A proposal or other matter may be rereferred at any time prior to its passage, except that a motion to withdraw from committee may not take effect during the 7 days preceding any scheduled committee hearing or the 7 days following the date on which a committee hearing is held.
The motion to withdraw is not listed as in order during debate:
Senate 63. Motions in order during debate.
(1) When a question is under debate, a motion may not be received except:
Senate Journal of November 11, 2003 .......... Page: 477
Point of order:
Senator Erpenbach moved to make Senate Bill 240 a special order of business at 9:00 A.M. on the calendar of November 13, 2003.
Senator Panzer raised the point of order that the motion to make a special order of business is not proper at this time.
The Chair took the point under advisement.
Senate Journal of January 20, 2004 .......... Page: 550
Ruling on the point of order:
