Ruling on the point of order:
The Chair (Representative Duff) ruled not well taken the point of order raised by Representative Black that Assembly amendment 5 to Assembly Bill 18 was not germane under Assembly Rule 54.
Representative Black 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-54, Noes-42. Motion carried.
[Note:] The bill related to reporting by nonresidents under the campaign finance law and the amendment to prohibited contributions and disbursements.
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 22, 2001 .......... Page: 167
Point of order:
Representative Duff rose to the point of order that Assembly amendment 1 to Assembly Joint Resolution 49 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Krug 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-56, Noes-43. Motion carried.
[Note:] The joint resolution extended the floorperiod for consideration of two bills and the amendment added a third 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 October 23, 2001 .......... Page: 462
Point of order:
Representative Stone rose to the point of order that Assembly amendment 8 to Assembly Bill 576 was not germane under Assembly Rule 54.
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.
The question was: Shall the ruling of the Chair stand as the ruling of the Assembly?
The roll was taken. The vote was: Ayes-54, Noes-42. Motion carried.
[Note:] The bill created an airline loan guarantee program and the amendment permitted the Wisconsin Housing and Economic Development Authority to purchase and hold stock of certain airline companies.
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 October 30, 2001 .......... Page: 483
Point of order:
Representative Black moved that the rules be suspended and that Assembly Bill 294 be withdrawn from the committee on Labor and Workforce Development and taken up at this time.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the motion dilatory under Assembly Rule 69.
Representative Black appealed the ruling of the Chair.
Speaker Pro Tempore Freese ruled that a motion to appeal the ruling of the Chair was not in order because his ruling was not made on a point of order raised under Assembly Rule 62.
[Note:] Assembly Rule 69. Dilatory motions.
(1) When it appears to the presiding officer that any motion or procedure is being used for the purpose of delay, the presiding officer shall declare it dilatory and out of order.
(2) Two consecutive identical motions are dilatory unless significant business has intervened between the motions.
(3) Two consecutive motions to adjourn are not be in order unless other significant business has intervened between the motions or unless no other business is pending before the assembly.
(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 Rule 62 (6) Any member may appeal a ruling of the presiding officer on any point of order. When an appeal is made, the question is: "Shall the decision of the chair stand as the decision of the assembly?"
MASON'S MANUAL
Sec. 230. When an Appeal Is in Order
1. The proper method of taking exception to a ruling of a presiding officer is by appeal. All questions of order are decided by the presiding officer, subject to appeal by any member. It is the responsibility of the presiding officer to rule on points of order in a fair and impartial manner.
3. When a presiding officer rules a motion out of order and refuses to present it to the house, the proper procedure is to appeal from the presiding officer's decision. It is not proper for a member to put a question to vote which has been ruled out of order by the presiding officer.
Sec. 240. Purpose of Points of Order.
1. It is the duty of the presiding officer to enforce the rules and orders of the body without delay and without waiting to have the presiding officer's attention called to breaches of order. It is also the right of every member who notices a breach of order or of a rule to insist upon its enforcement. This is called raising a question or point of order, because the member puts to the presiding officer the question as to whether there has been a breach of order or of the rules. It is the duty of the presiding officer to maintain order and enforce the rules.
2. A point of order is the parliamentary device that is used to require a deliberative body to observe its own rules and to follow established parliamentary practice.
3. Any request for compliance with the rules is in effect a point of order and is subject to the same rules.
4. The presiding officer is not required to decide any point of order not directly presented in the proceedings of the body.
Assembly Journal of October 30, 2001 .......... Page: 485
Point of order:
Representative Foti rose to the point of order that Assembly amendment 2 to Assembly Bill 199 was not germane under Assembly Rule 54.
Ruling on the point of order:
The Chair (Representative Duff) ruled the point of order well taken.
Representative Black appealed the ruling of the chair.
The question was: Shall the decision of the Chair stand as the decision of the Assembly?
The roll was taken. The vote was: Ayes-54, Noes-42. Motion carried.
[Note:] The bill related to vehicle owner liability for violation of traffic laws regarding railroad crossings. 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 October 30, 2001 .......... Page: 485
Point of order:
Representative Black moved that the rules be suspended and that Assembly Bill 294 be withdrawn from the committee on Labor and Workforce Development and taken up at this time.
Ruling on the point of order:
The Chair (Representative Duff) ruled the motion not timely because Assembly Bill 294 was already under advisement for a previous point of order.
Representative Black appealed the ruling of the Chair.
The Chair (Representative Duff) ruled that a motion to appeal the ruling of the Chair was not in order because his ruling was not made on a point of order raised under Assembly Rule 62.
[Note:] Assembly Rule 62 (6) Any member may appeal a ruling of the presiding officer on any point of order. When an appeal is made, the question is: "Shall the decision of the chair stand as the decision of the assembly?"
Assembly Rule 69. Dilatory motions. (1) When it appears to the presiding officer that any motion or procedure is being used for the purpose of delay, the presiding officer shall declare it dilatory and out of order.
(2) Two consecutive identical motions are dilatory unless significant business has intervened between the motions.
(3) Two consecutive motions to adjourn are not be in order unless other significant business has intervened between the motions or unless no other business is pending before the assembly.
(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.
MASON'S MANUAL
Sec. 149. Appeals, Points of Order, Inquiries
See also Ch. 23, Secs. 230-235, Appeals; Ch. 24, Secs. 240-246, Points of Order; and Ch. 25, Secs. 250-254, Parliamentary Inquiries and Other Requests for Information.
1. In conducting its business, a legislative body may have questions relating to policy or procedure presented to it for decision on appeals from decisions on points of order. Appeals may involve important questions of policy and, therefore, appeals may take on all of the characteristics of a main motion and are subject, in general, to the same rules.
2. Points of order are presented to the presiding officer for determination. The decision of the presiding officer on points of order may always be questioned by the body on appeal and the question decided by the body itself.
Assembly Journal of January 24, 2002 .......... Page: 602
Point of order:
Representative Duff rose to the point of order that Assembly amendment 6 to Assembly Bill 726 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Black appealed the ruling of the Chair.
Representative Foti in the chair.
Speaker Pro Tempore Freese in the chair.
Representative Foti in the chair.
Speaker Pro Tempore Freese in 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-53, Noes-43. Motion carried.
[Note:] The bill limited certain contributions received by political parties and eliminated legislative campaign committees. The amendment prohibited political parties from making political contributions in excess of $10,000 to another political organization or person.
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 January 31, 2002 .......... Page: 625
Point of order:
Representative Jensen raised a point of order that Assembly amendment 1 to Assembly substitute amendment 1 to Assembly Joint Resolution 2 was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese took that point of order under advisement.
Assembly Journal of January 31, 2002 .......... Page: 626
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Jensen that Assembly amendment 1 to Assembly substitute amendment 1 to Assembly Joint Resolution 2 was not germane under Assembly Rule 54.
Representative Cullen 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-55, Noes-40. Motion carried.
[Note:] The substitute amendment required a two-thirds majority of each house on bills increasing net revenue from sales and income and franchise taxes. The amendment added gasoline taxes to the taxes that would require a two-thirds majority to increase.
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 January 31, 2002 .......... Page: 626
Point of order:
Representative Jensen raised a point of order that Assembly amendment 3 to Assembly substitute amendment 1 to Assembly Joint Resolution 2 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Richards 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-55, Noes-40. Motion carried.
[Note:] The substitute amendment required a two-thirds majority of each house on bills increasing net revenue from sales and income and franchise taxes. The amendment added real and personal property taxes to the taxes that would require a two-thirds majority to increase.
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 February 7, 2002 .......... Page: 650
Point of order:
Representative Duff rose to the point of order that Assembly amendment 1 to Assembly Bill 769 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Schooff appealed the ruling of the chair.
The question was: Shall the ruling of the Chair stand as the ruling of the Assembly?
