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.
[Note:] 13.50(6)(b) No bill or amendment thereto creating or modifying any system for the retirement of public employees shall be considered by either house until the written report required by par. (a) and the actuarial opinion ordered under par. (am), if any, have been submitted to the chief clerk. Each such bill or amendment shall then be referred to a standing committee of the house in which introduced. The report of the joint survey committee and actuarial opinion, if any, shall be printed as an appendix to the bill and attached thereto as are amendments.
Assembly Journal of May 19, 1998 .......... Page: 910
Point of order:
Representative Krug rose to the point of order that Assembly substitute amendment 1 to Senate Bill 2, April 1998 Special Session was not germane under Assembly Rule 54(3)(f).
Ruling on the point of order:
Speaker Jensen ruled not well taken the point of order raised by Representative Krug that Assembly substitute amendment 1 to Senate Bill 2, April 1998 Special Session was not germane under Assembly Rule 54(3)(f).
The lady from the 12th and the gentleman from the 7th have asserted that the proposal is not germane on the grounds that the proposal substantially expands the scope of the proposal.
The proposed substitute amendment, Assembly Substitute Amendment 1 to Special Session Senate Bill 2, proposes to make various changes to the statutes governing the public school system in a 1st class city. One provision in the relating clause provides that this proposal relates to "reorganizing" schools in first class cities. It could be argued that this provision only narrows the scope of this proposal and provides for a particularized detail (by providing for the creation of a commission and the placement of certain referendum questions concerning the reorganization of schools in first class cities in the spring, 1999 election). In addition, both the original bill and the proposed substitute have appropriations. This amendment is clearly germane under Assembly Rule 54(4).
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-49, Noes-40. Motion carried.
[Note:] 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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Senate Journal of June 11, 1997 .......... Page: 196
Point of order:
Senator Chvala raised the point of order that Senate amendment 1 to Senate Bill 182 is not germane.
Ruling on the point of order:
The Chair ruled the point well taken.
Senator Drzewiecki appealed the ruling of the Chair.
The question was: Shall the decision of the Chair stand as the the judgement of the Senate?
The roll was taken. The vote was: Ayes-16, Noes-16. The decision of the Chair stands as the judgement of the Senate.
[Note:] The bill required instruction in public schools of the history of organized labor. The amendment added the history of the women's suffrage movement.
SENATE RULE 50. Amendments must be germane, general statement. (1) No standing committee shall report any substitute or amendment for any proposal originating in either house referred to such committee nor shall the senate consider any substitute or amendment which relates to a different subject, is intended to accomplish a different purpose or would totally alter the nature of the original proposal.
(7) A substitute or amendment relating to a specific subject or to a general class is not germane to a bill relating to a different specific subject, but an amendment limiting the scope of the proposal is germane.
Senate Journal of June 11, 1997 .......... Page: 196
Point of order:
Senator Chvala raised the point of order that Senate amendment 2 to Senate Bill 182 is not germane.
Ruling on the point of order:
The Chair ruled the point well taken.
Senator Welch appealed the ruling of the Chair.
The question was: Shall the decision of the Chair stands as the judgement of the Senate?
The roll was taken. The vote was: Ayes-17, Noes-15. The decision of the Chair stands as the judgement of the Senate.
[Note:] The bill required instruction in public schools of the history of organized labor. The amendment added the history of the anti-slavery movement.
SENATE RULE 50. Amendments must be germane, general statement. (1) No standing committee shall report any substitute or amendment for any proposal originating in either house referred to such committee nor shall the senate consider any substitute or amendment which relates to a different subject, is intended to accomplish a different purpose or would totally alter the nature of the original proposal.
(7) A substitute or amendment relating to a specific subject or to a general class is not germane to a bill relating to a different specific subject, but an amendment limiting the scope of the proposal is germane.
Senate Journal of November 19, 1997 .......... Page: 358
Point of order:
Senator Chvala raised the point of order that Senate amendment 2 to Senate Bill 362 was not germane.
Ruling on the point of order:
The Chair ruled the point well taken.
Senator George 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-22, Noes-8. The decision of the Chair stands as the judgement of the Senate.
[Note:] The bill related to: the application of the business combination and the control share voting restriction provisions of the business corporation law; dry cleaning fees; nontarget population members; the date by which certain school board resolutions pertaining to the open enrollment programs must be adopted; loans made to school districts by the technology for educational achievement in Wisconsin board; the method for calculating contributions to the universal service fund; use of the universal service fund to make grants to certain school districts for telecommunications access; financial assistance for local recycling programs; funding for a boat landing located on the Wisconsin River in the town of Buena Vista; reports concerning the environmental cooperation pilot program; funding for air and solid and hazardous waste programs; studies of fish in the Great Lakes; eligibility for child care subsidies under the Wisconsin works program; increased funding for the benefit specialist program for older individuals; the amount that a county having a population of 500,000 or more must contribute for the provision of child welfare services in that county by the department of health and family services; the photographing of a person applying for or receiving kinship care payments, of employes and prospective employes of a person applying for or receiving kinship care payments and of adult residents and prospective adult residents of the home of a person applying for or receiving kinship care payments; eliminating cross-references to the Wisconsin works health plan; computing the aviation fuel tax; a sales tax and use tax exemption for samples of medicine and registration for use tax purposes; the international fuel tax agreement; the department of revenue's expenses to administer the fee on vehicle rentals; directing the department of revenue to not adjust individual income tax withholding tables and making a technical adjustment in the calculation of income tax liability by individual nonresidents and part-year residents of this state; the sales of food by institutions of higher learning; salary-setting authority of certain state bodies; reserve "Class B" intoxicating liquor licenses; the abolishment of the emergency response board; revocation of probation for failure to pay supervision fees owed to the department of corrections; and making an appropriation.
The amendment related to the delegation of authority over pension plans by local governments.
SENATE RULE 50. Amendments must be germane, general statement. (1) No standing committee shall report any substitute or amendment for any proposal originating in either house referred to such committee nor shall the senate consider any substitute or amendment which relates to a different subject, is intended to accomplish a different purpose or would totally alter the nature of the original proposal.
(7) A substitute or amendment relating to a specific subject or to a general class is not germane to a bill relating to a different specific subject, but an amendment limiting the scope of the proposal is germane.
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Assembly Journal of January 17, 1995 .......... Page: 41
Point of order:
Representative Freese rose to the point of order that Assembly amendment 7 to Assembly Bill 6 was not germane under Assembly Rules 54 (1) and (3).
Ruling on the point of order:
The speaker ruled the point of order well taken.
