[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: 483
Point of order:
Representative Carpenter rose to the point of order that Assembly Bill 576 was not properly before the Assembly because it was required to be referred to the joint committee on Finance under section 13.093, Wisconsin Statutes.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken.
[Note:] Section 13.093 (1), stats., has been interpreted by presiding officers as not requiring referral in the first house because the statute uses "before being passed".
13.093(1) All bills introduced in either house of the legislature for the appropriation of money, providing for revenue or relating to taxation shall be referred to the joint committee on finance before being passed.
Assembly Journal of October 30, 2001 .......... Page: 484
Point of order:
Representative Carpenter rose to the point of order that Assembly Bill 576 was not properly before the Assembly under Article 8, Section 10 of the Wisconsin Constitution.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken.
[Note:] The bill created an airline loan guarantee program.
Article VIII, 10 Internal improvements. Section 10. Except as further provided in this section, the state may never contract any debt for works of internal improvement, or be a party in carrying on such works.
(2) The state may appropriate money in the treasury or to be thereafter raised by taxation for:
(b) The development, improvement and construction of airports or other aeronautical projects.
MASON'S MANUAL
Sec. 242. Limitations on Use of Points of Order
1. It is not the duty of the presiding officer to rule upon any question which is not presented in the course of proceedings. It is not the presiding officer's right to rule upon the constitutionality or legal effect or expediency of a proposed bill since that authority belongs to the house.
Sec. 578. Limitations on Presiding Officer
6. It is not the right of the presiding officer to rule upon the constitutionality of bills as that authority belongs to the house.
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 October 30, 2001 .......... Page: 487
Point of order:
Representative Black rose to the point of order that the motion to suspend the rules and Assembly Bill 294 be withdrawn from the committee on Labor and Workforce Development and taken up at this time was in order.
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.
[Note:] This may have been a parliamentary inquiry, not a point of order.
MASON'S MANUAL
Sec. 230. When an Appeal Is in Order 8. An answer to a parliamentary inquiry is not a decision and therefore cannot be appealed.
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 May 15, 2002 .......... Page: 851
Point of order:
Representative Freese rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 1, May 2002 Special Session was not germane to the Governor's Special Session call.
Ruling on the point of order:
Speaker Jensen ruled the point of order not timely because there were still simple amendments pending to Assembly substitute amendment 1 to Assembly Bill 1, May 2002 Special Session. Therefore, even if the substitute amendment was not germane to the special session call at this time, it could still be amended prior to its adoption to make it germane.
[Note:] The question before the assembly at that time was adoption of an amendment, not adoption of the substitute amendment.
Assembly Rule 66 (1) In addition to the motions and requests listed in rule 65 (1) and (2), and subject to the limitations imposed by other rules, the following incidental motions, requests, and questions are in order while a proposal or question is under debate:
(a) A point of order and appeal therefrom [rule 62].
(2) The motions, requests, and questions listed in sub. (1) do not have an order of precedence, can be initiated at any time they are timely, and shall be disposed of before any question to which they relate is returned to or any other incidental motion, request, or question is entertained.
The special session rules provide: 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.
MASON'S MANUAL
Sec. 241. When Point of Order May Be Raised
See also Sec. 149, Appeals, Points of Order, Inquiries.
5. A point of order must be raised at the time the particular question is pending. It is premature to raise a point of order against an amendment when an amendment of the amendment is pending or when a motion to recommit is pending.
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Assembly Journal of May 2, 2000 .......... Page: 938
Point of order:
Representative Jensen rose to the point of order that the motion to take up Senate Bill 320 was not properly before the Assembly because the bill had died pursuant to Joint Rule 83 and Senate Joint Resolution 1 on March 30, 2000, when the last general business floorperiod ended.
Speaker Pro Tempore Freese took the point of order under advisement.
[Note:] There was no ruling on the point of order.
Joint Rule 83 (4) At the conclusion of the last general-business floorperiod scheduled by the session schedule for the spring of the even-numbered year, any bill or joint resolution not yet agreed to by both houses, and any resolution not yet passed by the house of origin, is adversely disposed of for the biennial session and recorded as "failed to pass," "failed to adopt," or "failed to concur."
1999 Senate Joint Resolution 1 Section 1 (2) (p) Last general-business floorperiod. The last general-business floorperiod commences on Tuesday, March 7, 2000, at 10 a.m., and, unless adjourned earlier, ends on Thursday, March 30, 2000.
Assembly Journal of May 2, 2000 .......... Page: 938
Point of order:
Representative Krug rose to the point of order that the motion to take up Assembly Bill 781 was not properly before the Assembly because the bill had died pursuant to Joint Rule 83 and Senate Joint Resolution 1 on March 30, 2000, when the last general business floorperiod ended.
Speaker Pro Tempore Freese took the point of order under advisement.
[Note:] There was no ruling on the point of order.
Joint Rule 83 (4) At the conclusion of the last general-business floorperiod scheduled by the session schedule for the spring of the even-numbered year, any bill or joint resolution not yet agreed to by both houses, and any resolution not yet passed by the house of origin, is adversely disposed of for the biennial session and recorded as "failed to pass," "failed to adopt," or "failed to concur."
1999 Senate Joint Resolution 1 Section 1 (2) (p) Last general-business floorperiod. The last general-business floorperiod commences on Tuesday, March 7, 2000, at 10 a.m., and, unless adjourned earlier, ends on Thursday, March 30, 2000.
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Senate Journal of May 7, 1998 .......... Page: 681
Point of order:
Senator Wineke raised the point of order that Assembly Bill 768 is not properly before the Senate.
Ruling on the point of order:
The Chair ruled the point not well taken.
[Note:] Sec. 13.52 (6), stats., requires the referral to the joint survey committee on tax exemptions, at the time of introduction, 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."
Under s. 13.52 (6), stats., when a proposal must be referred to the joint survey committee and has been so referred, "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."
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Assembly Journal of April 7, 1995 .......... Page: 228
Point of order:
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Hubler that Assembly members may be referred to by name when reading from a document that is currently under debate, because under Assembly Rule 56(1), a member "shall confine his or her remarks to the question before the assembly and shall avoid personalities. A member may be recognized or addressed only by the number of the member's district."
Representative Hubler appealed the ruling of the chair.
Representative Hubler withdrew her point of order to refer to members of the Assembly by name when reading from a printed document currently before the Assembly.
[Note:] This may have been a parliamentary inquiry, not a point of order.
Assembly Journal of June 16, 1995 .......... Page: 315
Point of order:
Representative Kunicki rose to the point of order that the motion to table Assembly Resolution 25 was not in order under Assembly Rule 33 (3).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
[Note:] Assembly Rule 33 (3) Any resolution offered by the committee on rules to make a proposal a special order is privileged and may be received under any order of business. Such a resolution shall be taken up and acted upon immediately, ahead of all other proposals. The question before the assembly is adoption of the resolution. The only motion in order with regard to any such resolution is the motion to reject. Debate on the questions of adoption and rejection is limited to 5 minutes each.
Assembly Journal of October 2, 1995 .......... Page: 535
Point of order:
Representative Hubler rose to the point of order that the hour of 8:00 P.M. had arrived and the Assembly is adjourned under Assembly Rule 28 (2).
Assembly Journal of October 2, 1995 .......... Page: 535
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 Hubler that the hour of 8:00 P.M. had arrived and the Assembly is adjourned under Assembly Rule 28 (2).
[Note:] The 8:00 P.M. rule was later repealed.
Assembly Journal of November 14, 1995 .......... Page: 655
Point of order:
Representative Travis rose to the point of order that Assembly Bill 69 was not properly before the Assembly under Assembly Rules 32(1)(a), 35(1), 42(1)(a) & (3), and 52(2)(b).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken. Under Assembly Rule 95(60) Senate amendment 3 to Assembly Bill 69 is not considered a proposal, making the point of order raised under Assembly Rule 32(1)(2) not well taken. The Senate adopted Senate amendment 3 to Assembly Bill 69 last week, making the point of order raised under Assembly Rule 35(1) not well taken. Senate amendment 3 to Assembly Bill 69 does not require a second reading reading, making the point of order raised under Assembly Rule 42(1)(a) not well taken. Senate amendment 3 to Assembly Bill 69 is only considered a proposal for the purpose of amending, making the point of order raised under Assembly Rule 52(2)(b) not well taken.
[Note:] Assembly Rule 32 (1) (a) Except as otherwise provided in this paragraph, messages from the senate or from the governor may be received and read, and any proposal referenced in the messages that is a senate proposal initially received for consideration of the assembly shall be referred and any other proposals referenced in the messages shall be taken up immediately unless referred by the presiding officer to a standing committee or to the calendar. Any messages from the senate referring to a senate joint resolution memorializing Congress or any branch or officer of the federal government that is received for consideration of the assembly may be read but the senate joint resolution may not be received for consideration. The senate joint resolution shall be transmitted to the senate immediately after the message is read;
Assembly Rule 35 (1) A proposal, conference committee report, or veto, except a resolution under rule 33 or 43, may not be considered until it has been made available to the members for at least 24 hours excluding Saturdays, Sundays, and legal holidays. If the rules are suspended for the consideration of any proposal before it is available, the proposal shall be read at length at least once before its final passage or final adoption and concurrence.
Assembly Rule 42 (1) (a) Any proposal that requires 2 or more readings shall be referred by the presiding officer or speaker to committee, or to the calendar for the 2nd legislative day following the referral, or to the committee on rules.
Assembly Rule 42 (3) (a) Beginning on inauguration day and on any day of the regular biennial session period, proposals may be introduced or offered and referred by the speaker or presiding officer if the action is not in conflict with any limitations imposed by the session schedule or otherwise agreed to by both houses.
Assembly Rule 52 (2) (b) Solely for the purpose of amending, senate amendments presented to the assembly for concurrence are treated like proposals; therefore, an amendment to a simple amendment to a senate amendment is in order.
Assembly Rule 95 (60) Proposal: A resolution, joint resolution, or bill put before the assembly for consideration.
Assembly Journal of March 14, 1996 .......... Page: 930
Point of order:
Representative Jensen rose to the point of order that the motion to program all the phones in the Assembly Chamber to be able to make outside calls was out of order.
The chair (Representative Duff) took the point of order under advisement.
Assembly Journal of March 14, 1996 .......... Page: 931
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well-taken the point of order raised by Representative Jensen that the motion to have all the phones in the Assembly Chamber programmed to be able to make outside calls was out of order.
[Note:] The motion did not relate to parliamentary procedure.
Assembly Rule 95 (56) Point of order: A request that the presiding officer rule on a matter of parliamentary procedure.
Point of order under advisement: business before house
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