Representative Boyle 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-60, Noes-38. Motion carried.
[Note:] The substitute amendment limited the governor's authority to negotiate Indian Gaming Compacts. The amendment dealt with the licensing and regulation of amusement devices under the state lottery.
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:
(a) One individual proposition amending another individual proposition.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Rule 54 (4) Amendments that are germane include:
(b) An amendment that accomplishes the same purpose in a different manner.
(e) An amendment relating only to particularized details.
Assembly Journal of March 12, 2003 .......... Page: 108
Point of order:
Representative Hebl rose to the point of order that Assembly substitute amendment 2 to Assembly Bill 144 was not germane under Assembly Rule 54 (3) (e).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken.
Representative Hebl 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-58, Noes-39. Motion carried.
[Note:] The bill limited the governor's authority to negotiate Indian Gaming Compacts. The substitute amendment also required legislative approval of proposed Indian gaming establishments located on certain Indian trust lands.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(e) An amendment relating only to particularized details.
Assembly Journal of March 12, 2003 .......... Page: 111
Point of order:
Representative Foti rose to the point of order that Assembly substitute amendment 3 to Assembly Bill 144 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 Hubler 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-58, Noes-38. Motion carried.
[Note:] The substitute amendment limited the governor's authority to negotiate Indian Gaming Compacts. The substitute amendment also dealt with the licensing and regulation of amusement devices under the state lottery.
Assembly Rule 54 (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 Rule 54 (4) Amendments that are germane include:
(e) An amendment relating only to particularized details.
Assembly Journal of March 18, 2003 .......... Page: 131
Point of order:
Representative Jensen rose to the point of order that Assembly amendment 3 to Assembly substitute amendment 2 to Assembly Bill 61 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 Miller 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-58, Noes-40. Motion carried.
[Note:] The substitute amendment created a wireless 911 fund and surcharge to be paid into the fund. The amendment provided that money from the fund would be used for grants for the prosecution of domestic violence.
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, 2003 .......... Page: 196
Point of order:
Representative Black rose to the point of order that Assembly Bill 228 was not properly before the Assembly because the bill required a report from the joint review committee on Criminal Penalties.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken.
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-58, Noes-40. Motion failed.
[Note:] 13.525 Joint review committee on criminal penalties.
13.525 (5) Review of legislation relating to crimes.
(a) If any bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime and the bill is referred to a standing committee of the house in which it is introduced, the chairperson may request the joint review committee to prepare a report on the bill under par. (b). If the bill is not referred to a standing committee, the speaker of the assembly, if the bill is introduced in the assembly, or the presiding officer of the senate, if the bill is introduced in the senate, may request the joint review committee to prepare a report on the bill under par. (b).
(b) (intro.) If the joint review committee receives a request under par. (a) for a report on a bill that proposes to create a new crime or revise a penalty for an existing crime, the committee shall prepare a report concerning all of the following:
(d) If a bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime, a standing committee to which the bill is referred may not vote on whether to recommend the bill for passage and the bill may not be passed by the house in which it is introduced before the joint review committee submits a report under par. (b) or before the 30th day after a report is requested under par. (a), whichever is earlier.
Assembly Journal of September 23, 2003 .......... Page: 372
Point of order:
Representative Black rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 519 was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of September 23, 2003 .......... Page: 372
Ruling on the point of order:
Speaker Gard in the chair.
Speaker Gard ruled well taken the point of order raised by Representative Black that Assembly substitute amendment 1 to Assembly Bill 519 was not germane under Assembly Rule 54.
Representative Gunderson 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-32, Noes-66. Motion failed.
[Note:] The bill authorized the feeding of deer and elk in certain areas of the state and at certain times. The substitute amendment permitted the Department of Natural Resources to prohibit feeding of deer for viewing or hunting in a chronic wasting disease area.
The Speaker Gard (republican) ruled a point of order by the minority leader, Rep. Black (democrat) well taken, but the speaker's ruling was not sustained by the majority (republican).
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, 2003 .......... Page: 456
Point of order:
Representative Gundrum rose to the point of order that Assembly amendment 2 to Assembly Bill 475 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.
The question was: Shall the ruling of the Chair stand as the ruling of the Assembly?
The roll was taken. The vote was: Ayes-62, Noes-35. Motion carried.
[Note:] The bill stated that marriage is only between one man and one woman. The amendment made marriage permanent and monogamous.
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 4, 2004 .......... Page: 792
Point of order:
Representative Gundrum rose to the point of order that Assembly amendment 3 to Assembly Joint Resolution 66 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 Colon 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-59, Noes-38. Motion carried.
[Note:] The joint resolution provided that only a marriage between one man and one woman shall be valid or recognized in this state. The amendment inserted "undivorced" before man and before woman.
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 March 9, 2004 .......... Page: 813
Point of order:
Representative Richards rose to the point of order that the regular order of business on today's calendar was not properly before the Assembly under Assembly Rule 32 (3)(a) because there were special orders of business on the calendar that take precedence.
Speaker Pro Tempore Freese took the point of order under advisement.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled that since the times for the Special Orders of Business had passed, the proposals had lost precedence over the regular order of business on today's calendar but did not lose the special order of business status.
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-59, Noes-40. Motion carried.
[Note:] Assembly Rule 32 (3) Whenever any proposal has been made a special order of business, the assembly shall proceed to the special order at the designated time.
(a) Special orders have precedence over the regular orders of business and shall be considered in chronological order.
Assembly Journal of March 11, 2004 .......... Page: 882
Point of order:
Representative Albers rose to the point of order that Assembly amendment 1 to Senate Bill 322 was not germane under Assembly Rule 54.
Ruling on the point of order:
The 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?
The roll was taken. The vote was: Ayes-59, Noes-40. Motion carried.
[Note:] The bill changed the definition of group health benefit plan. The amendment related to changes to numerous health care statutes.
Assembly Rule 54 (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.
