Representative Goetsch rose to the point of order that Assembly amendment 2 to Assembly Bill 159 was not germane under Assembly Rule 54(3)(f).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of March 7, 1995 .......... Page: 137
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Goetsch that Assembly amendment 2 to Assembly Bill 159 was not germane under Assembly Rule 54(3)(f).
Assembly Journal of March 9, 1995 .......... Page: 143
Ruling on the point of order:
On Tuesday, March 7, 1995, Speaker Pro Tempore Freese ruled well taken the point of order raised on March 7, 1995 by Representative Goetsch that Assembly amendment 2 to Assembly Bill 159 was not germane under Assembly Rule 54(3)(f):
"The chair is prepared to rule on Assembly amendment 2. A point of order was raised by the gentleman from the 39th that Assembly amendment 2 expanded the scope of the bill under Assembly Rule 54 (3)(f), and looking through the amendment as well as the original bill, the gentleman from the 39th's remarks are accurate. Also, it expands the relating clause and so, therefore, I find that the point of order is well taken."
[Note:] The bill related to committing a violent crime at or near a school. The amendment permitted the disclosure of law enforcement agency records relating to a pupil to a school administrator.
Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of March 7, 1995 .......... Page: 137
Point of order:
Representative Harsdorf rose to the point of order that Assembly amendment 5 to Assembly Bill 159 was not germane under Assembly Rule 54(3)(f).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of March 7, 1995 .......... Page: 138
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Harsdorf that Assembly amendment 5 to Assembly Bill 159 was not germane under Assembly Rules 54(3)(f).
Representative Prosser moved that Assembly amendment 5 to Assembly Bill 159 be laid on the table.
[Note:] The bill related to committing a violent crime at or near a school. The amendment expanded the definition of a school zone to include school bus stops where students are waiting for or being dropped off by a school bus.
Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of April 4, 1995 .......... Page: 186
Point of order:
Representative Coleman rose to the point of order that Assembly amendment 1 to Assembly Bill 213 was not germane under Assembly Rule 54(3)(d).
Speaker Prosser took the point of order under advisement.
Assembly Journal of April 4, 1995 .......... Page: 192
Ruling on the point of order:
Speaker Prosser ruled well taken the point of order raised by Representative Coleman that Assembly amendment 1 to Assembly Bill 213 was not germane.
[Note:] The bill repealed the school management restructuring program. The amendment made the program permanent.
Assembly Rule 54 (3) (d) An amendment: 1) amending a statute or session law when the purpose of the bill is limited to repealing the law; or 2) repealing a statute or session law when the purpose of the bill is limited to amending the law.
Assembly Journal of April 5, 1995 .......... Page: 204
Point of order:
Representative Coleman rose to the point of order that Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 126 was not germane under Assembly Rule 54(1). Representative Prosser added to the point of order that the Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 126 was not germane under Assembly Rule 54(3)(d).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of April 5, 1995 .......... Page: 205
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representatives Coleman and Prosser that Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 126 was not germane.
[Note:] The substitute amendment created exceptions to the ban on requests for increased appropriations to state agencies. The amendment deleted all statutory changes made by the bill and repealed the ban.
Assembly Rule 54 (3) (d) An amendment: 1) amending a statute or session law when the purpose of the bill is limited to repealing the law; or 2) repealing a statute or session law when the purpose of the bill is limited to amending the law.
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.
Assembly Journal of April 7, 1995 .......... Page: 224
Point of order:
Representative Freese rose to the point of order that the motion to withdraw Assembly Bill 73 from the Joint Committee on Finance was not in order under Section 16.47(2) of the Wisconsin Statutes.
Speaker Prosser took the point of order under advisement.
Assembly Journal of April 8, 1995 .......... Page: 233
Ruling on the point of order:
Speaker Prosser ruled not well taken the point of order raised by Representative Freese on Friday, April 7 that the motion to withdraw Assembly Bill 73 from the Joint Committee on Finance was not in order under Section16.47(2) of the Wisconsin Statutes and Assembly Rule 15(1)(b). The motion made by Representative Schneider to withdraw the bill from committee included a request for suspension of the rules and therefore was in order.
[Note:] Assembly Rule 15 (1) A proposal may not be withdrawn from any committee until 21 calendar days have expired since the proposal was referred to the committee. After the 21-day period, a proposal may be withdrawn either by motion or by petition, but:
(b) A bill requiring, but not having, an emergency statement for passage may not be withdrawn from the joint committee on finance or from the committee on rules.
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 18, 1995 .......... Page: 269
Point of order:
Representative Krug rose to the point of order that Assembly amendment 1 to Assembly Bill 22 was not germane under Assembly Rule 54(3)(f).
Speaker Pro Tempore Freese took the point or order under advisement.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Krug that Assembly amendment 1 to Assembly Bill 22 was not germane.
[Note:] The bill restricted the sale and movement in this state of cattle. The amendment applied the requirements for brucelloses testing to animals other than cattle and bison.
Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of June 28, 1995 .......... Page: 357
Point of order:
Representative Freese rose to the point of order that Assembly substitute amendment 2 to Assembly Bill 146 was not germane under Assembly Rule 54(3)(f).
Speaker Prosser took the point of order under advisement.
Ruling on the point of order:
Speaker Prosser ruled not well taken the point of order raised by Representative Freese that Assembly substitute amendment 2 to Assembly Bill 146 was not germane.
Representative Freese moved that Assembly substitute amendment 2 to Assembly Bill 146 be laid on the table.
[Note:] The bill created the crime of causing the death to an unborn child. The substitute amendment created the crime of battery to a pregnant female resulting in great bodily harm to or death of her fetus.
Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of September 20, 1995 .......... Page: 471
Point of order:
Representative Krug rose to the point of order that Assembly amendment 2 to Assembly Bill 229 was not germane under Assembly Rule 54(3)(f).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of September 28, 1995 .......... Page: 519
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 20 that Assembly amendment 2 to Assembly Bill 229 was not germane.
[Note:] The bill increased the period on no contact after an arrest in a domestic abuse incident from 24 to 72 hours. The amendment permitted each county to establish the no contact period of between 72 hours and 7 days.
Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of September 27, 1995 .......... Page: 507
Point of order:
Representative Plache rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 1, September 1995 Special Session was not germane under Assembly Rule 54(3)(f).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of September 27, 1995 .......... Page: 508
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Plache that Assembly substitute amendment 1 to Assembly Bill 1, September 1995 Special Session was not germane because the bill and the substitute amendment have virtually the same relating clause except eliminated the room tax and the highway infrastructure which, according to Assembly Rule 54(4)(c), is germane because it was limiting the scope of the proposal.
Assembly Bill 1, September 1995 Special Session created a local professional baseball park district in certain jurisdictions that is made up of multi counties contiguous to that county and that is two counties.
Assembly substitute amendment 1 also establishes a professional baseball park made up of multi counties that are contiguous and that is five counties.
Both the bill and the substitute amendment have components that deal with governance those differences that are within the components are different based on a particularized details of the jurisdictions. Both refer to jurisdiction in the plural.
Assembly Bill 1, September 1995 Special Session and Assembly substitute amendment 1 are both germane to the special session call. Where in fact, on the previous ruling dealing with the luxury box should have taken this point into consideration.
In the previous ruling of Assembly amendment 23 to Assembly substitute amendment 1, I neglected to include in that ruling that the amendment is not germane to the call under Assembly Rule 93(1) because no proposal may be considered by the Assembly unless they are germane to the session. We established that it was an expansion based on the fact we had a one tenth of one percent local taxing jurisdiction compared to the amendment that was offering to do a 5.5% in most taxing jurisdictions or most counties and was available to do in all 72 counties if there were indeed a professional type of facility that would use the luxury sky box or that type of system so it was an expansion because it not only raised it from one-tenth of one percent at a local jurisdiction but it was establishing 5.5% statewide sales tax opportunity.
Assembly amendment 23 to Assembly substitute amendment 1 also is dramatically different from the standpoint that it is an expansion, Assembly substitute amendment 1 is dealing with particularized details in the fact that we're dealing with a multi county jurisdiction in both the substitute and the bill.
Representative Plache 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-47. Motion carried.
[Note:] Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of September 28, 1995 .......... Page: 513
Point of order:
Representative Grothman rose to the point of order that Assembly amendment 18 to Assembly substitute amendment 1 to Assembly Bill 441 was not germane under Assembly Rule 54(3)(f).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of September 28, 1995 .......... Page: 515
Ruling on the point of order:
