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The question was: Shall Assembly Bill 100 be withdrawn from the Joint Survey committee on Tax Exemptions?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.
Assembly Journal of September 23, 1999 .......... Page: 344
Point of order:
Representative Duff rose to the point of order that Assembly amendment 16 to Assembly Bill 465 was not germane under Assembly Rule 54(3)(b).
Speaker Pro Tempore Freese took the point of order under advisement.
Representative Duff withdrew his point of order that Assembly Amendment 16 to Assembly Bill 465 was not germane under Assembly Rule 54(3)(b).
Representative Duff rose to the point of order that Assembly amendment 16 to Assembly Bill 465 was not germane under Assembly Rule 54(3)(c).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
[Note:] The bill related to classification and elements of felony offenses. AA-16 was identical to approximately two-thirds of AA-14.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(b) A general proposition amending a specific proposition.
(c) An amendment substantially similar to an amendment already acted upon.
Assembly Journal of September 28, 1999 .......... Page: 353
Point of order:
Representative Krug rose to the point of order that Assembly amendment 4 to Assembly Bill 234 was not germane under Assembly Rule 54 (3) (f).
The Chair (Representative Duff) took the point of order under advisement.
Assembly Journal of September 30, 1999 .......... Page: 368
Ruling on the point of order:
The Chair (Representative Duff) ruled not well taken the point of order raised by Representative Krug on Tuesday, September 28, that Assembly amendment 4 to Assembly Bill 234 was not germane under Assembly Rule 54(3)(f).
Representative Freese moved that Assembly amendment 4 to Assembly Bill 234 be laid on the table. Granted.
[Note:] The bill related to grants from the Wisconsin Election Campaign Fund to candidates for supreme court justice. The amendment changed the funding source for the grants.
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 29, 1999 .......... Page: 356
Point of order:
Representative Krug rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 315 was not germane under Assembly Rule 54.
Speaker pro tempore Freese took the point of order under advisement.
Assembly Journal of November 4, 1999 .......... Page: 518
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Krug on Wednesday, September 29, that Assembly substitute amendment 1 to Assembly Bill 315 was not germane under Assembly Rule 54.
[Note:] The bill prohibited the Department of Transportation from disclosing information that contains personal identifiers of 10 or more people. ASA-1, offered by the standing committee, related to disclosure of personal identifiers by the department.
Assembly Journal of October 6, 1999 .......... Page: 383
Point of order:
Representative Hubler rose to the point of order that the committee of conference report on Assembly Bill 133 is divisible under Assembly Rule 80.
Speaker Pro Tempore Freese took the point of order under advisement.
