Senator Shibilski 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-15. Decision of the Chair stands as the judgement of the senate.
[Note:] Senate Rule 41 (2) was later amended to provide: Reference to committee is not in order after a proposal is passed or indefinitely postponed or finally disposed of by any action equivalent thereto. Questions of reconsideration, concurrence in amendments of the assembly, conference committee reports, or executive vetoes may be placed on the table, but may not be referred to committee.
There is also an assembly rule on this point: "Assembly Rule 45 (6) Except as incidental to calendar scheduling by the committee on rules, the report of a committee of conference may not be referred to committee." The senate does not have such a rule but the joint rules provide a reason why a conference committee report should not be referred to committee: "Joint Rule 3 (3) A report of a committee of conference may not be amended and may not be divided."
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Assembly Journal of January 26, 1999 .......... Page: 41
Point of order:
Representative Duff rose to the point of order that Assembly amendment 3 to Assembly Substitute Amendment 1 to Assembly Bill 51 was not germane under Assembly Rule 54 (3) (f).
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Schneider 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-43. Motion carried.
[Note:] The bill addressed year 2000 computer problems. The amendment created a crime of making untrue, deceptive, or misleading statements regarding year 2000 readiness of computer devices.
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 26, 1999 .......... Page: 41
Point of order:
Representative Duff rose to the point of order that Assembly amendment 4 to Assembly Substitute Amendment 1 to Assembly Bill 51 was not germane under Assembly Rule 54 (1).
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Schneider 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-43. Motion carried.
[Note:] The bill addressed year 2000 computer problems. The amendment placed restrictions on the sale of computer devices that lack year 2000 readiness.
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 June 23, 1999 .......... Page: 241
Point of order:
Representative Black rose to the point of order that Assembly Bill 389 was not properly before the Assembly because the bill required a report by the joint survey committee on Tax Exemptions under s. 13.52(6) of the Wisconsin Statutes and Assembly Rule 45(4).
Speaker Jensen ruled the point of order not well taken.
Representative Bock 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-53, Noes-45. Motion carried.
[Note:] The bill required the control and ownership of electric transmission facilities by a transmission company.
Assembly Rule 45 (4) When a bill, during or after consideration by a standing committee or during consideration by the assembly, is found to be without the report of one or more joint survey committees to which it should have been referred, the bill shall be so referred by the speaker or presiding officer.
13.52(6) Report. Upon the introduction in either house of the legislature of any proposal which affects any existing statute or creates any new statute relating to the exemption of any property or person from any state or local taxes or special assessments, such proposal shall at once be referred to the joint survey committee on tax exemptions by the presiding officer instead of to a standing committee, and such proposal shall not be considered further by either house until the joint survey committee on tax exemptions has submitted a report, in writing, setting forth an opinion on the legality of the proposal, the fiscal effect upon the state and its subdivisions and its desirability as a matter of public policy and such report has been printed as an appendix to the bill and attached thereto as are amendments. Such printing shall be in lieu of inclusion in the daily journal of the house in which the bill was introduced.
Assembly Journal of June 29, 1999 .......... Page: 257
Point of order:
Representative Black rose to the point of order that Assembly amendment 25 to Assembly Amendment 2 to Assembly substitute amendment 1 Assembly Bill 133 was not germane under Assembly Rule 54 (3)(c) and (5).
The Chair (Representative Duff) ruled the point of order not well taken.
The Chair ruled as follows:
"Assembly amendment 25, which prohibited constitutional officers, except the governor, from having their likeness on an outdoor sign, sought to replace language in Assembly amendment 2 prohibiting constitutional officers, except the governor, from using state funds to place their likeness on a billboard.
Assembly amendment 25 is not a substantial expansion of Assembly amendment 2 because it amended and modified the same section, subject and related to the particularized details included in Assembly amendment 2. The amendment also did not substantially expand the scope of the original proposal, a multi-subject executive budget bill, because it merely adds to the directives and requirements to state agencies and constitutional officers that are typically included in budget bills."
Representative Meyer 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-45. Motion carried.
[Note:] Assembly Rule 54 (3) Assembly amendments that are not germane include:
(e) An amendment that negates the effect of another assembly amendment previously adopted.
(5) An amendment to an amendment must be germane to both the amendment and the original proposal.
Assembly Journal of September 23, 1999 .......... Page: 341
Point of order:
Representative Goetsch rose to the point of order that Assembly amendment 5 to Assembly Bill 465 was not germane under Assembly Rule 54 (1) and (3) (f).
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Lassa 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-44. Motion carried.
[Note:] The bill related to classification and elements of felony offenses. The amendment made an appropriation for child abuse and neglect prevention grants based on 0.5% of the appropriations to the Department of Corrections.
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:
(c) An amendment substantially similar to an amendment already acted upon.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of October 6, 1999 .......... Page: 385
Point of order:
Representative Duff rose to the point of order that Assembly Joint Resolution 79 was not properly before the Assembly because a committee of conference report can not be amended.
The Speaker Pro Tempore ruled the point of order well taken.
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-54, Noes-45. Motion carried.
[Note:] The joint resolution provided that the conference report on 1999 AB-133 is amendable but only as to the provision converting lottery appropriations to general program revenue appropriations.
Assembly Rule 52 (4) was later created to provide: An amendment to a report of a committee of conference may not be offered.
Assembly Journal of November 3, 1999 .......... Page: 502
Point of order:
Representative Underheim rose to the point of order that Assembly amendment 17 to Assembly substitute amendment 1 to Assembly Bill 518 was not germane under Assembly Rule 54.
Speaker pro tempore Freese ruled the point of order well taken.
Representative Bock 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-44. Motion carried.
[Note:] The bill required internal grievance procedures for insurers. The amendment allowed direct access to specialist providers without a referral.
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 Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of November 3, 1999 .......... Page: 502
Point of order:
Representative Underheim rose to the point of order that Assembly amendment 18 to Assembly substitute amendment 1 to Assembly Bill 518 was not germane under Assembly Rule 54.
Speaker pro tempore Freese ruled the point of order well taken.
Representative Bock 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-44. Motion carried.
[Note:] The bill required internal grievance procedures for insurers. The amendment allowed suit against managed care plans.
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 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 28, 2000 .......... Page: 849
Point of order:
Representative Pettis rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 698 was not germane under Assembly Rule 54.
Speaker pro tempore Freese ruled the point of order well taken.
Representative Reynolds 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-44. Motion carried.
[Note:] The bill granted immunity to private campground owners and operators for the actions of others. The amendment applied the bill to the owners and operators of private facilities.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
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Assembly Journal of May 13, 1997 .......... Page: 147
Point of order:
Representative Seratti rose to the point of order that Assembly amendment 3 to Assembly Bill 104 was not germane under Assembly Rules 54 (1) and (3)(f).
Ruling on the point of order:
The Chair (Representative Duff) 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-56, Noes-42. Motion carried.
