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
2 0 0 3 A S S E M B L Y
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.
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.
2 0 0 3 S E N A T E
Senate Journal of March 10, 2004 .......... Page: 704
Point of order:
Senator Welch raised the point of order that Senate amendment 1 to Senate Resolution 32 was not germane.
The Chair took the point of order under advisement.
Senate Journal of March 11, 2004 .......... Page: 732
Senator Carpenter, with unanimous consent, asked that Senate amendment 1 to Senate Resolution 32 be withdrawn and returned to author.
[Note:] The resolution urged elected and appointed federal, state, and local officials to works to secure more federal funding for the state. The amendment pledged that the legislature will restore fiscal integrity to the state budget.
Senate Rule 50. Substitute amendments and amendments must be germane.
(6) The following substitute amendments or amendments are not germane:
(b) A substitute amendment or amendment to a proposal that relates to a subject that is different from the subject of that proposal, that is intended to accomplish a purpose that is different from the purpose of that proposal, that negates that proposal entirely, or that substitutes another proposal pending before the senate.
2 0 0 1 A S S E M B L Y
Assembly Journal of May 1, 2001 .......... Page: 219
Point of order:
Representative Gunderson rose to the point of order that Assembly amendment 2 to Assembly Joint Resolution 1 was not germane under Assembly Rule 54.
Representative Ainsworth asked unanimous consent that Assembly amendment 2 to Assembly Joint Resolution 1 be withdrawn and returned to the author. Granted.
[Note:] The constitutional amendment related to the right to fish, hunt, trap, and take game and the amendment to the operation of watercraft, all-terrain vehicles, snowmobiles, and off-road motorcycles.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(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 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
Representative Black moved that the rules be suspended and that Senate Bill 55 be immediately messaged to the Senate.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled that the motion was not properly before the Assembly because there was a point of order under advisement and that removed the bill from further consideration under Assembly Rule 62 (3)(b)1.
Representative Black appealed the ruling of the Chair.
Speaker Pro Tempore Freese ruled that an appeal of the Chair was not properly before the Assembly since there was not a ruling on a point of order.
Point of order:
Representative Black rose to the point of order that the motion to suspend the rules and immediately message Senate Bill 55 be to the Senate was in order.
Speaker Pro Tempore Freese took the point of order under advisement.
[Note:] Rep. Black's point of order may have been a parliamentary inquiry.
MASON'S MANUAL
Sec. 230. When an Appeal Is in Order 8. An answer to a parliamentary inquiry is not a decision and therefore cannot be appealed.
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 October 30, 2001 .......... Page: 483
Point of order:
Representative Staskunas rose to the point of order that the motion to amend the motion that the rules be suspended and that Assembly Bill 294 be withdrawn from the committee on Labor and Workforce Development be amended to substitute Assembly Bill 545 was not in order under Assembly Rule 15.
Speaker Pro Tempore Freese took the point of order under advisement.
Representative Staskunas withdrew the point of order that the motion to amend a motion to suspend the rules and that Assembly Bill 294 be withdrawn from the committee on Labor and Workforce Development was not in order.
[Note:] Assembly Rule 15 (1) A proposal may not be withdrawn from any committee until 21 calendar days have expired since the proposal was referred to the committee. After the 21-day period, a proposal may be withdrawn either by motion or by petition, but:
Assembly Rule 65 (2) When a main question is under debate the following subsidiary motions are in order if appropriate under the rules governing motions and proposals:
(g) To amend, if the proposal or motion is amendable [rules 52 to 55 and 70 (2) and (4)].
Assembly Rule 65 (3) The motions and requests listed in subs. (1) and (2) have precedence in the order in which they are listed. While any motion or request is pending, motions or requests of the same or lower precedence are not in order, except that:
(b) Amendments to amendable motions are not in order while a question of higher precedence is pending; and
Under Assembly Rule 66, 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.
MASON'S MANUAL
Sec. 64. Amendability of Motions
See also Ch. 38, Secs. 395-421, Motion to Amend.
1. Propositions are sometimes introduced in a form not acceptable to the body. It is essential therefore that it be possible to amend propositions in order that they state the common will of the group. 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. 178. Subsidiary Questions
Definition
1. Subsidiary questions are questions of a procedural nature relating directly to or adhering to main motions.
2. It is not usually possible for main motions to be immediately adopted or rejected upon presentation. In legislative bodies it is usually required that main motions be referred to committee and they may be amended. Debate may be limited to a certain time, or the consideration postponed from time to time. Procedural motions, by which main motions are guided through a legislative body, are a type of motion subsidiary to main motions and from this they acquire their name.
3. Subsidiary motions are most often applied to main motions, but the motion to amend may be applied to any motion which is capable of being stated in more than one form.
Sec. 490. Procedural Motions with Precedence of Main Motions
2. Generally, these motions are subject to the same rules as other simple procedural motions. They are not debatable, except sometimes limited debate is permitted on the motion to withdraw a bill from committee or discharge a committee. They are not subject to the subsidiary motions and can be renewed after a change in the parliamentary situation, but cannot be reconsidered. Unless some special rule has been adopted, they require a majority of the legal votes cast for adoption.
3. Among the more frequently used motions of this class are:
(a) Motions to withdraw from committee or discharge a committee.
Sec. 491. Withdrawing Bills from Committee
2. The motion to withdraw a question or discharge a committee from further consideration is not a suspension of the rules, and may be made without previous notice.
3. The motion, in either form, takes precedence as a main motion. It is not subject to the motions to postpone, to refer to committee, to lay on the table or to amendment.
Assembly Journal of October 30, 2001 .......... Page: 484
Point of order:
Representative Black rose to the point of order that the motion to suspend the rules and that Assembly Bill 294 be withdrawn from the committee on Labor and Workforce Development and taken up at this time was not dilatory.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of October 30, 2001 .......... Page: 487
Representative Black withdrew his point of order that the motion to suspend the rules and that Assembly Bill 294 be withdrawn from the committee on Labor and Workforce Development and taken up at this time was not dilatory.
[Note:] This may have been a parliamentary inquiry, not a point of order.
MASON'S MANUAL
Sec. 230. When an Appeal Is in Order 8. An answer to a parliamentary inquiry is not a decision and therefore cannot be appealed.
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.
