Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of March 21, 1996 .......... Page: 985
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Jensen on Wednesday, March 20, that Assembly amendment 6 to Assembly Bill 667 was not germane.
Representative Black appealed the decision 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-51, Noes-46. Motion carried.
[Note:] The bill required all schools to display the U.S. flag in all classrooms and to offer the pledge of allegiance or the national anthem daily. The amendment also required the U.S. flag displayed at all hearing of legislative committees and every hearing to begin with offering the pledge of allegiance.
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 21, 1996 .......... Page: 990
Point of order:
Representative Krug rose to the point of order that Assembly amendment 15 to Senate Bill 501 was not germane under Assembly Rule 54 (3)(f).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of March 21, 1996 .......... Page: 991
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Krug that Assembly amendment 15 to Senate Bill 501 was not germane.
[Note:] The bill, an omnibus children's code bill, was 116 pages long and had a two-page relating clause. The amendment related to adoption of children by relatives.
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 25, 1996 .......... Page: 1015
Point of order:
Representative Hubler rose to the point of order that the hour of 8:00 P.M. had arrived and that the Assembly stand adjourned under Assembly Rule 28 (2).
Speaker Pro Tempore Freese took the point of order under advisement.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order raised by Representative Hubler that the Assembly stand adjourned under Assembly Rule 28 (2) well taken.
[Note:] The 8:00 P.M. rule was later repealed.
Assembly Journal of March 27, 1996 .......... Page: 1042
Point of order:
Representative Goetsch rose to the point of order that Assembly amendment 3 to Senate Bill 563 was not germane under Assembly Rule 54 (3) (f).
Speaker pro tempore Freese took the point of order under advisement.
Assembly Journal of March 27, 1996 .......... Page: 1043
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Goetsch that Assembly amendment 3 to Senate Bill 563 was not germane.
[Note:] The bill related to: the purchase of goods, care and services for certain probationers, parolees and other offenders; authorizing the department of corrections to establish a secure work program; the general program operations of the department of corrections; intergovernmental corrections agreements; the establishment and operation of state prison industries; youth service rates; funding additional expansion of the Wisconsin Resource Center under the state building program; the limitation on bed capacity of the Wisconsin Resource Center; transferring moneys from the general fund to the property tax relief fund; granting bonding authority; granting rule-making authority; and making appropriations.
The amendment required prison impact assessments for bills creating a felony.
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 27, 1996 .......... Page: 1042
Point of order:
Representative Brancel rose to the point of order that Assembly amendment 7 to Senate Bill 563 was not germane under Assembly Rule 54 (3) (f).
Speaker pro tempore Freese took the point of order under advisement.
Assembly Journal of March 27, 1996 .......... Page: 1043
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Brancel that Assembly amendment 7 to Senate Bill 563 was not germane.
Representative Robson appealed the decision 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:] The bill related to: the purchase of goods, care and services for certain probationers, parolees and other offenders; authorizing the department of corrections to establish a secure work program; the general program operations of the department of corrections; intergovernmental corrections agreements; the establishment and operation of state prison industries; youth service rates; funding additional expansion of the Wisconsin Resource Center under the state building program; the limitation on bed capacity of the Wisconsin Resource Center; transferring moneys from the general fund to the property tax relief fund; granting bonding authority; granting rule-making authority; and making appropriations.
The amendment provided bullet-proof garments for state traffic patrol officers.
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 27, 1996 .......... Page: 1046
Point of order:
Representative Freese rose to the point of order that Assembly amendment 2 to Senate Bill 615 was not germane under Assembly Rule 54 (3) (f).
The chair (Representative Duff) took the point of order under advisement.
Point of order:
Representative Freese rose to the point of order that Assembly amendment 3 to Senate Bill 615 was not germane under Assembly Rule 54 (3) (f).
The chair (Representative Duff) took the point of order under advisement.
Representative Freese withdrew his points of orders on Assembly amendment 2 and Assembly amendment 3 to Senate Bill 615.
Representative Freese moved that Assembly amendment 2 to Senate Bill 615 be laid on the table.
[Note:] The bill transferred the responsibility for child welfare services in Milwaukee County to the Wisconsin Department of Health and Family Services. The amendment established a Milwaukee County residency requirement for persons holding 28 of the state positions created in the bill.
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 May 7, 1996 .......... Page: 1115
Point of order:
Representative Hubler rose to the point of order that the hour of 8:00 P.M. had arrived and that the Assembly stand adjourned under Assembly Rule 28 (2).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of May 7, 1996 .......... Page: 1116
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order raised by Representative Hubler that the Assembly stand adjourned under Assembly Rule 28 (2) well taken.
[Note:] The 8:00 P.M. rule was later repealed.
Point of order under advisement: timeliness of ruling
2 0 0 3 A S S E M B L Y
Assembly Journal of February 20, 2003 .......... Page: 75
Assembly Journal of November 13, 2003 .......... Page: 543
Point of order:
Representative Gard rose to the point of order that the motion to withdraw Assembly Bill 622 from the committee on Labor was not in order at this time.
Speaker Pro Tempore Freese took the point of order under advisement.
[Note:] No ruling.
Assembly Rule 15. Withdrawing a proposal from committee.
(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:
(2) The motion to withdraw a proposal from committee is in order only on the first day in any week on which the call of the roll is taken under the first order of business. The motions shall be decided by vote of a majority of the members present and voting.
Assembly Journal of November 13, 2003 .......... Page: 544
Point of order:
Ruling on the point of order:
Speaker Pro Tempore Freese stated, had a point of order been raised when Assembly Joint Resolution 52 was before the Assembly on Wednesday, November 12, he would have ruled the joint resolution out of order under Assembly Rule 39 (1) because it contained language calling on the Wisconsin congressional delegation. Because no point of order was raised at that time, Speaker Pro Tempore Freese stated that the adoption of the joint resolution was proper.
[Note:] Assembly Rule 39 (1) Except as otherwise provided in joint rule 83 (2) and this subsection, any member or standing committee may introduce or offer proposals in the assembly on any day of the biennial legislative session. No member or standing committee may offer any assembly joint resolution or resolution memorializing Congress or any branch or officer of the federal government.
2 0 0 1 A S S E M B L Y
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 because the bill was currently under advisement for a previous point of order.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken.
[Note:] Assembly Rule 62 (3) (b) 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.
MASON'S MANUAL
Sec. 230. When an Appeal Is in Order
5. While an appeal is pending, a point of order on any other question is not in order but a point of order relating to the appeal may be raised. And if the determination of the appeal is dependent on this point, it may be decided by the presiding officer. This second decision is also subject to appeal. There is an early precedent in Congress that there can be no appeal from a second decision while the other appeal is pending, but that the correctness of the ruling can be brought up when no other business is pending. The presiding officer is subject to censure by the house if the ruling be irregular.
Assembly Journal of November 6, 2001 .......... Page: 520
Point of order:
Representative Travis rose to the point of order that the Chair (Representative Duff) was required, under Assembly Rule 62 (3m), to rule on the point of order raised on June 12, 2001 that Assembly amendment 2 to Senate Bill 110 was not germane under Assembly Rule 54.
Representative Travis withdrew his point of order.
[Note:] The question raised the issue of the meaning of legislative day, in particular, the meaning of "in session."
Assembly Rule 95 (43) Legislative day: Any day on which the legislature is in session.
Assembly Rule 62 (3m) The presiding officer shall rule on a point of order within 7 legislative days after the point of order is raised or on the final legislative day of the last general-business floorperiod preceding the veto review session, whichever is earlier.
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.
