[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.
Ruling on the point of order:
Speaker Jensen ruled the point of order not timely because there were still simple amendments pending to Assembly substitute amendment 1 to Assembly Bill 1, May 2002 Special Session. Therefore, even if the substitute amendment was not germane to the special session call at this time, it could still be amended prior to its adoption to make it germane.
[Note:] The question before the assembly at that time was adoption of an amendment, not adoption of the substitute amendment.
Assembly Rule 66 (1) In addition to the motions and requests listed in rule 65 (1) and (2), and subject to the limitations imposed by other rules, the following incidental motions, requests, and questions are in order while a proposal or question is under debate:
(a) A point of order and appeal therefrom [rule 62].
(2) The motions, requests, and questions listed in sub. (1) do not have an order of precedence, can be initiated at any time they are timely, and shall be disposed of before any question to which they relate is returned to or any other incidental motion, request, or question is entertained.
The special session rules provide: Assembly Rule 93 (1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
MASON'S MANUAL
Sec. 241. When Point of Order May Be Raised
See also Sec. 149, Appeals, Points of Order, Inquiries.
5. A point of order must be raised at the time the particular question is pending. It is premature to raise a point of order against an amendment when an amendment of the amendment is pending or when a motion to recommit is pending.
Printing and distribution of proposals
1 9 9 9 A S S E M B L Y
Assembly Journal of November 9, 1999 .......... Page: 534
Point of order:
Representative Krug rose to the point of order that Assembly Bill 580 was not properly before the Assembly under Assembly Rule 35 (1).
Speaker pro tempore Freese took the point of order under advisement.
Assembly Journal of November 10, 1999 .......... Page: 547
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Krug on Tuesday, November 9, that Assembly Bill 580 was not properly before the Assembly under Assembly Rule 35 (1). Speaker Pro Tempore Freese ruled the point of order not well taken because twenty four hours had elapsed.
[Note:] Assembly Rule 35 (1) A proposal, conference committee report, or veto, except a resolution under rule 33 or 43, may not be considered until it has been made available to the members for at least 24 hours excluding Saturdays, Sundays, and legal holidays. If the rules are suspended for the consideration of any proposal before it is available, the proposal shall be read at length at least once before its final passage or final adoption and concurrence.
Assembly Journal of March 29, 2000 .......... Page: 880
Point of order:
Representative Meyer rose to the point of order that Assembly Bill 942 was not properly before the Assembly under Assembly Rule 35.
The Chair (Representative Duff) took the point of order under advisement.
Representative Meyer withdrew his point of order that Assembly Bill 942 was not properly before the Assembly under Assembly Rule 35.
[Note:] Assembly Rule 35 (1) A proposal, conference committee report, or veto, except a resolution under rule 33 or 43, may not be considered until it has been made available to the members for at least 24 hours excluding Saturdays, Sundays, and legal holidays. If the rules are suspended for the consideration of any proposal before it is available, the proposal shall be read at length at least once before its final passage or final adoption and concurrence.
Privileged resolution
2 0 0 3 A S S E M B L Y
Assembly Journal of February 20, 2003 .......... Page: 75
Assembly Journal of February 20, 2003 .......... Page: 75
Point of order:
Speaker Pro Tempore Freese stated that the question before the Assembly was passage of Assembly Bill 3.
Representative Black rose to the point of order that the pending question before the Assembly was not passage of Assembly Bill 3 because there was a pending privileged resolution which takes precedence.
Representative Gard requested a call of the Assembly. There were sufficient seconds.
Representative Gard asked unanimous consent that the call of the Assembly be lifted. Granted.
Speaker Pro Tempore Freese stated that the question before the Assembly was passage of Assembly Bill 3.
