The Chair (Representative Duff) ruled not well taken the point of order raised by Representative Krug that Assembly amendment 1 to Assembly Bill 263 was not germane under Assembly Rule 54.
[Note:] The bill related to special events campground permits for events held on town territory. The amendment related to those events held on town, village, or city territory.
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.
(4) Amendments that are germane include:
(e) An amendment relating only to particularized details.
Assembly Journal of November 6, 2001 .......... Page: 523
Point of order:
Representative Krug rose to the point of order that Assembly amendment 1 to Assembly Bill 436 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: 524
Ruling on the point of order:
The Chair (Representative Duff) ruled not well taken the point of order raised by Representative Krug that Assembly amendment 1 to Assembly Bill 436 was not germane under Assembly Rule 54.
[Note:] The bill required the department of transportation to provide transportation planning services in reviewing public school construction site plans. The amendment required those services when reviewing those plans of private or public schools.
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 January 31, 2002 .......... Page: 625
Point of order:
Representative Jensen raised a point of order that Assembly amendment 1 to Assembly substitute amendment 1 to Assembly Joint Resolution 2 was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese took that point of order under advisement.
Assembly Journal of January 31, 2002 .......... Page: 626
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Jensen that Assembly amendment 1 to Assembly substitute amendment 1 to Assembly Joint Resolution 2 was not germane under Assembly Rule 54.
Representative Cullen 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-55, Noes-40. Motion carried.
[Note:] The substitute amendment required a two-thirds majority of each house on bills increasing net revenue from sales and income and franchise taxes. The amendment added gasoline taxes to the taxes that would require a two-thirds majority to increase.
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 7, 2002 .......... Page: 751
Point of order:
Representative Carpenter rose to a point of order that the vote to take up reconsideration of the vote by which Assembly Bill 872 was passed, would require a two thirds majority for the motion to prevail.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of March 7, 2002 .......... Page: 751
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Carpenter that the vote to take up reconsideration of the vote by which Assembly Bill 872 was passed, would require a two-thirds majority for the motion to prevail under Assembly Rule 73 (3)(a).
[Note:] This may have been a parliamentary inquiry, not a point of order. A "parliamentary inquiry" might have informed the members as to the vote required. A "point of order" is appropriate only to obtain a decision by the presiding officer concerning an issue currently before the house. Had the resolution been adopted by a majority but less than 2/3, a point of order might have been appropriate. Because the roll had not been called, there was no issue.
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 73 (3) (a).....Any motion to reconsider such final action shall be taken up immediately if the roll call day on which it is entered is already the 2nd or a later actual day following the vote constituting final action on the proposal, but consideration of any other motion for reconsideration of such final action, entered on the roll call day following the day on which the final action was taken, shall be laid over and placed on the calendar for the first legislative day that occurs at least 2 calendar days after the decision was made.
Assembly Journal of March 14, 2002 .......... Page: 785
Point of order:
Representative Krug rose to the point of order that Assembly amendment 1 to Assembly amendment 4 to Assembly substitute amendment 1 to Assembly Bill 1, January 2002 Special Session was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese took the point of order under advisement.
[Note:] No ruling. The bill was a 475 page multi-issue budget adjustment bill introduced at the request of the governor. The substitute amendment was a 455 page multi-issue substitute amendment offered by the joint committee on finance. The amendment authorized a decrease in the number of members on the Milwaukee board of supervisors. The amendment to the amendment permitted the decrease only if approved at a referendum and permitted the salary of the members to be decreased or the position to be made part-time.
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:
(b) An amendment that accomplishes the same purpose in a different manner.
(e) An amendment relating only to particularized details.
Assembly Journal of March 14, 2002 .......... Page: 786
Point of order:
Representative Krug rose to the point of order that Assembly amendment 2 to Assembly amendment 4 to Assembly Substitute amendment 1 to Assembly Bill 1, January 2002 Special Session was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese took the point of order under advisement.
[Note:] No ruling. The bill was a 475 page multi-issue budget adjustment bill introduced at the request of the governor. The substitute amendment was a 455 page multi-issue substitute amendment offered by the joint committee on finance. The amendment authorized a decrease in the number of members on the Milwaukee board of supervisors. The amendment to the amendment permitted the decrease only if approved at a referendum.
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:
(b) An amendment that accomplishes the same purpose in a different manner.
(e) An amendment relating only to particularized details.
2 0 0 1 S E N A T E
Senate Journal of June 19, 2001 .......... Page: 236
Point of order:
The question was: Shall Assembly Bill 100 be withdrawn from the Joint Survey committee on Tax Exemptions?
Senator Chvala raised the point of order that the motion before us may not be considered at this time because section 13.52(6) of the statutes prohibits further consideration of any proposal until such time as the Joint Survey committee on Tax Exemptions has submitted its report on the proposal.
The Chair took the point of order under advisement.
[Note:] No ruling.
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 and such report has been printed as an appendix to the bill and attached thereto as are amendments."
Senate Journal of March 12, 2002 .......... Page: 647
Point of order:
Senator Zien moved that Assembly Bill 675 be withdrawn from the committee Senate Organization.
Senator Chvala raised the point of order that in accordance with Senate Rule 41 the motion to withdraw from the committee on Senate Organization is not proper at this time.
The Chair took the point of order under advisement.
Senator Welch moved that the rules be suspended.
Point of order:
Senator Chvala raised the point of order that the motion is not proper at this time.
The Chair took the point of order under advisement.
[Note:] No ruling.
The first point of order may have been based on one of the following rules:
The motion to withdraw is not listed as one of the permissible motions when a question is under debate:
Senate Rule 63. Motions in order during debate.
(1) When a question is under debate, a motion may not be received except:
Senate Rule 17 (1) (n) Fourteenth order. Motions may be offered.
Senate Rule 41 (1) (a) A proposal or other matter may be rereferred at any time prior to its passage, except that a motion to withdraw from committee may not take effect during the 7 days preceding any scheduled committee hearing or the 7 days following the date on which a committee hearing is held.
The committee on Senate Organization, however, usually does not hold hearings.
The second point of order may have been based on custom that is written into the assembly 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.
2. When the point of order concerns an amendment, taking the point of order under advisement removes from further consideration until a ruling on the point of order is made only the specific amendment.
3. When the point of order concerns an amendment to an amendment, taking the point of order under advisement removes from further consideration until a ruling on the point of order is made only the amendment to the amendment, except that the original amendment is also removed from further consideration once all other amendments to the amendment have been disposed of.
4. All points of order involving amendments, or amendments to amendments, must be disposed of before the assembly proceeds to any question of lesser precedence (see rule 65).
1 9 9 9 A S S E M B L Y
Assembly Journal of March 2, 1999 .......... Page: 90
Point of order:
Representative Krug rose to the point of order that Assembly Bill 45 was not properly before the Assembly because it required an emergency statement pursuant to s.16.47 of the Wisconsin Statutes.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of March 3, 1999 .......... Page: 93
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Krug on Tuesday, March 2, that Assembly Bill 45 was not properly before the Assembly because it required an emergency statement pursuant to s. 16.47 of the Wisconsin Statutes.
[Note:] 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 May 12, 1999 .......... Page: 182
Point of order:
Representative Underheim rose to the point of order that Assembly amendment 7 to Assembly substitute amendment 3 to Assembly Bill 52 was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of May 12, 1999 .......... Page: 183
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Underheim that Assembly amendment 7 to Assembly substitute amendment 3 to Assembly Bill 52 was not germane.
[Note:] The bill instituted graduated driver licensing. The amendment prohibited law enforcement officers from stopping or inspecting a vehicle for violations solely to determine compliance with the bill.
Assembly Rule 54 (4) Amendments that are germane include:
(e) An amendment relating only to particularized details
Assembly Journal of May 12, 1999 .......... Page: 185
Point of order:
Representative M. Lehman rose to the point of order that Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 186 was not germane under Assembly Rule 54(3)(f).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of May 19, 1999 .......... Page: 197
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative M. Lehman on Wednesday, May 12, that Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 186 was not germane under Assembly Rule 54
[Note:] The bill related to manufacturing property taxes. The amendment permitted manufacturers who file an objection to the tax to choose to not pay the tax while the objection is pending but pay interest on the amount due.
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 September 23, 1999 .......... Page: 343
Point of order:
Representative Goetsch rose to the point of order that Assembly amendment 15 to Assembly Bill 465 was not germane under Assembly Rule 54 (1) and (3) (f).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of September 23, 1999 .......... Page: 344
Ruling on the point of order:
Speaker Pro Tempore ruled well taken the point of order raised by Representative Goetsch that Assembly Amendment 15 to Assembly Bill 465 was not germane.
[Note:] The bill related to classification and elements of felony offenses. The amendment created restrictions on firearm possession.
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.
