Representative Black rose to the point of order that Assembly Bill 3 was not properly before the Assembly because it must be referred to the joint committee on Finance before being passed by the Assembly.
The Chair (Representative Albers) took the point of order under advisement.
Assembly Journal of February 1, 2001 .......... Page: 59
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Black that Assembly Bill 3 was not properly before the Assembly because it must be referred to the joint committee on Finance before being passed by the Assembly. Speaker Pro Tempore Freese reaffirmed previous rulings and cited a ruling from the Assembly Journal of October 15, 1987 (page 424).
[Note:] The Assembly Journal of October 15, 1987, states: Sec. 13.093 (1), stats., reads: "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." The word "passed" probably means final passage by both houses.
Assembly Journal of February 13, 2001 .......... Page: 77
Point of order:
Representative Albers rose to the point of order that Assembly amendment 1 to Assembly Bill 6 was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of February 13, 2001 .......... Page: 79
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Albers that Assembly amendment 1 to Assembly Bill 6 was not germane under Assembly Rule 54.
[Note:] The bill 1) eliminated the specific immunity exception under which cities, villages, town, and counties may be held liable for not repairing highways and 2) eliminated secondary liability for cities, villages, town, and counties. The amendment removed the first of the two but left the second in the bill.
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:
(f) An amendment that substantially expands the scope of the proposal.
MASON'S MANUAL
Sec. 242. Limitations on Use of Points of Order
3. A point of order may not be raised on the ground that a bill does not conform to the subject matter as stated in the title because this is a question which must be decided by the body.
Assembly Journal of March 6, 2001 .......... Page: 122
Point of order:
Representative Black rose to the point of order that Assembly amendment 5 to Assembly Bill 18 was not germane under Assembly Rule 54.
The Chair (Representative Duff) took the point of order under advisement.
Assembly Journal of March 6, 2001 .......... Page: 122
Ruling on the point of order:
The Chair (Representative Duff) ruled not well taken the point of order raised by Representative Black that Assembly amendment 5 to Assembly Bill 18 was not germane under Assembly Rule 54.
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-54, Noes-42. Motion carried.
[Note:] The bill related to reporting by nonresidents under the campaign finance law and the amendment to prohibited contributions and disbursements.
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:
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of March 13, 2001 .......... Page: 142
Point of order:
Representative Freese rose to the point of order that Senate Bill 1 was not properly before the Assembly under 16.47 of the Wisconsin Statutes.
Speaker Jensen took the point of order under advisement.
Assembly Journal of March 22, 2001 .......... Page: 171
Ruling on point of order:
Speaker Jensen ruled that the point of order, raised on Tuesday, March 13, by Representative Freese that Senate Bill 1 was not properly before the Assembly under 16.47 of the Wisconsin Statutes, was not timely.
[Note:] For a bill requiring an emergency statement, the point of order would be timely in conjunction with the vote on passage or concurrence.
16.47 (2) No bill containing an appropriation or increasing the cost of state government or decreasing state revenues in an annual amount exceeding $10,000 shall be passed by either house until the budget bill has passed both houses; except that the governor or the joint committee on finance may recommend such bills to the presiding officer of either house, in writing, for passage and the legislature may enact them, and except that the senate or assembly committee on organization may recommend to the presiding officer of its respective house any such bill not affecting state finances by more than $100,000 biennially. Such bills shall be accompanied by a statement to the effect that they are emergency bills recommended by the governor, the joint committee on finance, or the senate or assembly committee on organization. Such statement by the governor or joint committee on finance shall be sufficient to permit passage prior to the budget bill. Such statement by the senate or assembly committee on organization shall be effective only to permit passage by its respective house. For a bill requiring referral to the joint finance committee, the point of order would be timely in conjunction with the vote on passage or concurrence. The statutory rule requires only one referral between the 2 houses.
Assembly Journal of March 13, 2001 .......... Page: 144
Point of order:
Representative Freese rose to the point of order that the motion to withdraw Senate Bill 1 from committee was not in order while a previous point of order on the bill was under advisement.
Speaker Jensen took the point of order under advisement.
Assembly Journal of March 22, 2001 .......... Page: 167
Representative Freese withdrew his point of order raised on Tuesday, March 13, that the motion to withdraw Senate Bill 1 from committee was not in order while a previous point of order was already under advisement.
[Note:] Assembly Rule 62 (3) The presiding officer may speak on points of order in preference to others and may:
(a) Immediately announce and explain a ruling on a point of order that has been raised; or
(b) Defer such ruling by taking a point of order under advisement.
1. When the point of order concerns a proposal or a question currently pending on such proposal, taking the point of order under advisement removes the proposal from further consideration until the presiding officer announces the ruling on the point of order.
Assembly Journal of March 22, 2001 .......... Page: 171
Point of order:
Representative Freese rose to the point of order that Senate Bill 1 was not properly before the Assembly under 16.47 of the Wisconsin Statutes.
Speaker Jensen took the point of order under advisement.
[Note:] No ruling. The bill had a fiscal estimate of approximately $2 million but did not have an emergency statement. For a bill requiring an emergency statement, the point of order would be timely in conjunction with the vote on passage or concurrence.
16.47 (2) No bill containing an appropriation or increasing the cost of state government or decreasing state revenues in an annual amount exceeding $10,000 shall be passed by either house until the budget bill has passed both houses; except that the governor or the joint committee on finance may recommend such bills to the presiding officer of either house, in writing, for passage and the legislature may enact them, and except that the senate or assembly committee on organization may recommend to the presiding officer of its respective house any such bill not affecting state finances by more than $100,000 biennially. Such bills shall be accompanied by a statement to the effect that they are emergency bills recommended by the governor, the joint committee on finance, or the senate or assembly committee on organization. Such statement by the governor or joint committee on finance shall be sufficient to permit passage prior to the budget bill. Such statement by the senate or assembly committee on organization shall be effective only to permit passage by its respective house.
Assembly Journal of June 12, 2001 .......... Page: 282
Point of order:
Representative Seratti rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 184 was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of June 12, 2001 .......... Page: 288
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Seratti that Assembly substitute amendment 1 to Assembly Bill 184 was not germane.
[Note:] The bill related to reporting by nonresidents under the campaign finance law and the amendment to the acceptance of contributions.
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 June 12, 2001 .......... Page: 286
Point of order:
Representative Black rose to the point of order that Assembly amendment 2 to Senate Bill 110 was not germane under Assembly Rule 54.
The Chair (Representative Duff) took the point of order under advisement.
Assembly Journal of November 6, 2001 .......... Page: 526
Ruling on the point of order:
The Chair (Representative Duff) ruled well taken the point of order raised by Representative Krug on June 12, that Assembly amendment 2 to Senate Bill 110 was not germane under Assembly Rule 54.
[Note:] The bill related to voting and the conduct of elections and the amendment to voter identification.
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 July 2, 2001 .......... Page: 358
Point of order:
Representative Duff rose to the point of order that a motion to table the motion to suspend the rules to immediately message Senate Bill 55 to the Senate was not properly before the Assembly under Assembly Rule 74 (3).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of July 26, 2001 .......... Page: 371
Representative Duff withdrew his point of order raised on Monday, July 2, that a motion to table the motion to suspend the rules to immediately message Senate Bill 55 to the Senate was not properly before the Assembly under Assembly Rule 74 (3).
Assembly Journal of July 2, 2001 .......... Page: 358
Ruling on the point of order:
The Chair ruled the point of order raised by Representative Duff that a motion to table the motion to suspend the rules to immediately message Senate Bill 55 to the Senate was not properly before the Assembly because a motion on the bill had been taken under advisement and that removed the bill from further consideration under Assembly Rule 62 (3)(b)1.
[Note:] Assembly Rule 74 (3) A motion to table may not be applied to procedural motions, except that a motion to withdraw a proposal from committee may be tabled if the motion to withdraw does not involve a suspension of the rules.
Assembly Rule 62 (3) The presiding officer may speak on points of order in preference to others and may:
(a) Immediately announce and explain a ruling on a point of order that has been raised; or
(b) Defer such ruling by taking a point of order under advisement.
1. When the point of order concerns a proposal or a question currently pending on such proposal, taking the point of order under advisement removes the proposal from further consideration until the presiding officer announces the ruling on the point of order.
Assembly Journal of July 2, 2001 .......... Page: 358
Representative Black moved that the rules be suspended and that Senate Bill 55 be immediately messaged to the Senate.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled that the motion was not properly before the Assembly because there was a point of order under advisement and that removed the bill from further consideration under Assembly Rule 62 (3)(b)1.
Representative Black appealed the ruling of the Chair.
Speaker Pro Tempore Freese ruled that an appeal of the Chair was not properly before the Assembly since there was not a ruling on a point of order.
Point of order:
Representative Black rose to the point of order that the motion to suspend the rules and immediately message Senate Bill 55 be to the Senate was in order.
Speaker Pro Tempore Freese took the point of order under advisement.
[Note:] Rep. Black's point of order may have been a parliamentary inquiry.
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.
Assembly Rule 62 (3) The presiding officer may speak on points of order in preference to others and may:
(a) Immediately announce and explain a ruling on a point of order that has been raised; or
(b) Defer such ruling by taking a point of order under advisement.
1. When the point of order concerns a proposal or a question currently pending on such proposal, taking the point of order under advisement removes the proposal from further consideration until the presiding officer announces the ruling on the point of order.
Assembly Journal of July 2, 2001 .......... Page: 358
Point of order:
Representative Krug moved that all Democratic members of the Assembly be recorded as voting Aye" on the question of shall the rules be suspended and Senate Bill 55 be immediately messaged to the Senate.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the motion not properly before the Assembly because there was no motion or vote that existed and that Representative Krug's motion was dilatory under Assembly Rule 69 (4).
Representative Krug appealed the ruling of the Chair that the motion was dilatory under Assembly Rule 69 (4).
Speaker Pro Tempore Freese took the appeal under advisement.
[Note:] Assembly Rule 69 (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.
