[Note:] The joint resolution revived over 125 proposals for consideration in an extraordinary session called by the organization committees. The amendment added a proposal to the list in the joint resolution but it was not in the call of the extraordinary session.
Assembly Rule 93 (1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
Assembly Journal of April 21, 1998 .......... Page: 804
Point of order:
Representative Foti rose to the point of order that Assembly amendment 2 to Senate Joint Resolution 47 was not germane under Assembly Rule 93 (1).
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-51, Noes-42. Motion carried.
[Note:] The joint resolution revived over 125 proposals for consideration in an extraordinary session called by the organization committees. The amendment added a proposal to the list in the joint resolution but it was not in the call of the extraordinary session.
Assembly Rule 93 (1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
Assembly Journal of April 21, 1998 .......... Page: 804
Point of order:
Representative Foti rose to the point of order that Assembly amendment 3 to Senate Joint Resolution 47 was not germane under Assembly Rule 93 (1).
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-51, Noes-42. Motion carried.
[Note:] The joint resolution revived over 125 proposals for consideration in an extraordinary session called by the organization committees. The amendment added a proposal to the list in the joint resolution but it was not in the call of the extraordinary session.
Assembly Rule 93 (1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
Assembly Journal of April 21, 1998 .......... Page: 804
Point of order:
Representative Foti rose to the point of order that Assembly amendment 4 to Senate Joint Resolution 47 was not germane under Assembly Rule 93 (1).
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-50, Noes-43. Motion carried.
[Note:] The joint resolution revived over 125 proposals for consideration in an extraordinary session called by the organization committees. The amendment added a proposal to the list in the joint resolution but it was not in the call of the extraordinary session.
Assembly Rule 93 (1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
Assembly Journal of April 21, 1998 .......... Page: 804
Point of order:
Representative Foti rose to the point of order that Assembly amendment 5 to Senate Joint Resolution 47 was not germane under Assembly Rule 93 (1).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Plouff 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-51, Noes-42. Motion carried.
[Note:] The joint resolution revived over 125 proposals for consideration in an extraordinary session called by the organization committees. The amendment added a proposal to the list in the joint resolution but it was not in the call of the extraordinary session, and expanded the call of the extraordinary session to cover the additional proposal.
Assembly Rule 93 (1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
Assembly Journal of April 21, 1998 .......... Page: 804
Point of order:
Representative Foti rose to the point of order that Assembly amendment 6 to Senate Joint Resolution 47 was not germane under Assembly Rule 93 (1).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Robson 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-50, Noes-43. Motion carried.
[Note:] The joint resolution revived over 125 proposals for consideration in an extraordinary session called by the organization committees. The amendment added a proposal to the list in the joint resolution but it was not in the call of the extraordinary session, and expanded the call of the extraordinary session to cover the additional proposal.
Assembly Rule 93 (1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
Assembly Journal of April 28, 1998 .......... Page: 815
Point of order:
Representative Huebsch rose to the point of order that Assembly amendment 1 to Senate amendment 1 to Assembly Bill 736 was not germane under Assembly Rule 54 (3)(f) and Assembly 54 (5).
Speaker Pro Tempore Freese took the point of order under advisement.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Huebsch that Assembly amendment 1 to Senate amendment 1 to Assembly Bill 736 was not germane.
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-52, Noes-46. Motion carried.
[Note:] The bill made various changes to hunting and fishing regulation. Senate amendment 1 related to licenses for those eligible for social security benefits. The assembly amendment permitted applicants to refuse to provide social security numbers for religious reasons.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
(5) An amendment to an amendment must be germane to both the amendment and the original proposal.
Assembly Journal of April 28, 1998 .......... Page: 823
Point of order:
Representative Foti rose to the point of order that Assembly Joint Resolution 130 was not properly before the Assembly under Assembly Rule 93 (1) and Joint Rule 81 (2).
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-52, Noes-46. Motion carried.
[Note:] The joint resolution revived two proposals for consideration in extraordinary session. It was offered in the extraordinary session and was not offered by one of the committees permitted to offer proposals in extraordinary session.
Assembly Rule 93 (1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
Joint Rule 81 (2) (b) Any extended floorperiod or extraordinary session shall be limited to the business specified in the action by which it is authorized.
(c) Following the official call of any special or extraordinary session, the joint committee on employment relations or on legislative organization, the committees on organization in each house, and any committee of either house so authorized under the rules thereof, may introduce or offer proposals germane to the call, and such proposals may be numbered, referred to committee, and reproduced in advance of the special or extraordinary session under the customary procedures of each house.
Assembly Journal of May 5, 1998 .......... Page: 851
Point of order:
Representative Handrick rose to the point of order that Assembly substitute amendment 3 to Assembly Bill 159 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 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-52, Noes-45. Motion carried.
[Note:] The bill prohibited school districts from beginning school before Labor Day. The substitute amendment provided a study in lieu of the bill's provisions.
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, 1998 .......... Page: 873
Point of order:
Representative Klusman rose to the point of order that Assembly amendment 25 to Assembly substitute amendment 1 to Assembly Bill 768 was not properly before the Assembly under s. 13.50(6) of the Wisconsin Statutes.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of May 6, 1998 .......... Page: 877
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Klusman that Assembly amendment 25 to Assembly substitute amendment 1 to Assembly Bill 768 was not properly before the Assembly under s. 13.50(6) of the Wisconsin Statutes:
"I have reviewed Section 13.50(6)(b) which reads "No bill or amendment thereto creating or modifying any system for the retirement of public employes shall be considered by either house until the written report required by par. (a) has been submitted to the chief clerk. Each such bill shall then be referred to a standing committee in the house in which introduced. The report of the joint survey committee shall be printed as an appendix to the bill and attached thereto as are amendments."
In addition, I have reviewed the decision in State ex rel. Lafollette v. Stitt, 114 W (2d) 358, 338 NW (2d) 684 (1983), the previous rulings of the chair, Masons manual, and assembly rule books dating as far back as 1943. I also looked at the relevant Wisconsin Statutes, when they were created and their correlation to the rules of the Legislature. It appears to me, as it did in my previous ruling on Assembly bill 421 in January of this year, that the legislative intent behind the statues was to create a process that had to be followed and was not to be circumvented.
This ruling presents this institution with the same dilemma as the ruling on Assembly Bill 421. If these statues are merely rules that we can easily disregard, then long standing traditions and requirements that this institution has followed will no longer exist.
I believe, as I did earlier this year, that the previous legislatures first created statutes then 14 years later created the same as a rule because they wanted a process that would not allow for certain procedures to be bypassed. The Stitt decision merely supports the notion that it is for the Legislature to decide and enforce its own rules. We clearly have the authority to suspend our own rules with a 2/3 vote or by unanimous consent. It continues to be this chair's ruling that we do not have the authority to suspend the statutes when points of order are made. I believe the precedent that has been established by Speakers Jackamonis and Loftus, the current Chair and President Risser which occurred before and after the Stitt decision still stands.
I find the point of order well taken. We can circumvent our own rules but we cannot ignore the statutes. This decision was based on previous rulings and the precedent that was established by placing both legislative statutes and rules as an order of process for legislation to pass."
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-52, Noes-45. Motion carried.
