Representative Gard rose to the point of order that the motion to suspend the rules to withdraw Senate Bill 214 from today's calendar was not in order.
Assembly Journal of January 27, 2004 .......... Page: 646
Speaker Pro Tempore Freese took under advisement the point of order that was raised by Representative Gard that the motion to suspend rules and take up Senate Bill 214 from today's calendar was not in order.
Assembly Journal of February 3, 2004 .......... Page: 663
Representative Foti withdrew the point of order raised on Tuesday, January 27, that a motion to suspend the rules to take up Senate Bill 214 was not in order.
[Note:] The bill, carrying or going armed with a concealed weapon, was vetoed by the governor, and the senate, but not the assembly, overrode the veto.
Assembly Journal of February 24, 2004 .......... Page: 720
Point of order:
Representative Hundertmark rose to the point of order that Assembly amendment 6 to Senate amendment 1 to Assembly Bill 67 was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of February 24, 2004 .......... Page: 720
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Hundertmark that Assembly amendment 6 to Senate amendment 1 to Assembly Bill 67 was not germane.
[Note:] The bill permitted health care providers to refuse to participate in certain procedures on moral or religious grounds. Senate amendment 1, among other things, provided that a physician cannot be required to comply with the patients directions regarding withholding or withdrawal or nutrition or hydration. The amendment removed that provision.
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:
(e) An amendment relating only to particularized details.
Assembly Journal of March 9, 2004 .......... Page: 813
Point of order:
Representative Richards rose to the point of order that the regular order of business on today's calendar was not properly before the Assembly under Assembly Rule 32 (3)(a) because there were special orders of business on the calendar that take precedence.
Speaker Pro Tempore Freese took the point of order under advisement.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled that since the times for the Special Orders of Business had passed, the proposals had lost precedence over the regular order of business on today's calendar but did not lose the special order of business status.
Representative Black 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-59, Noes-40. Motion carried.
[Note:] Assembly Rule 32 (3) Whenever any proposal has been made a special order of business, the assembly shall proceed to the special order at the designated time.
(a) Special orders have precedence over the regular orders of business and shall be considered in chronological order.
2 0 0 3 S E N A T E
Senate Journal of November 11, 2003 .......... Page: 477
Point of order:
Senator Erpenbach moved to make Senate Bill 240 a special order of business at 9:00 A.M. on the calendar of November 13, 2003.
Senator Panzer raised the point of order that the motion to make a special order of business is not proper at this time.
The Chair took the point under advisement.
Senate Journal of January 20, 2004 .......... Page: 550
Ruling on the point of order:
On Tuesday, November 11, 2003, on the 11th order of business, the Senator from the 27th moved that the rules be suspended and Senate Bill 240 be made a special order of business at 10:00 AM on the calendar of November 13, 2003.
The Senator from the 20th raised a point of order that the motion was out of order.
The Chair took the point of order under advisement.
The point is well taken. The Senate has established a clear precedent that motions concerning business that is not currently before the Senate are made under the 14th order of business.
[Note:] 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 motion for a special order is not listed as in order during debate:
Senate 63. Motions in order during debate.
(1) When a question is under debate, a motion may not be received except:
Senate Journal of March 4, 2004 .......... Page: 669
Point of order:
Senator Welch raised the point of order that Senate amendment 1 to Senate Bill 298 was not germane.
The Chair took the point of order under advisement.
Senate Journal of March 9, 2004 .......... Page: 686
Ruling of the Chair:
On Thursday, March 4, 2004, Senator Carpenter introduced Senate Amendment 1 to Senate Bill 298. Senator Welch raised a point of order that Senate Amendment 1 was not germane to Senate Bill 298. The Chair took the point of order under advisement.
Senate Rule 50 (1) requires every amendment to a proposal to be germane to that proposal. Senate Rule 50 (6) (b) states that any amendment to a proposal that relates to a subject that is different from the subject of that proposal or that is intended to accomplish a purpose that is different from the purpose of that proposal is not germane. Senate Bill 298 is remedial legislation relating to the scope of the Code of Ethics for Local Public Officials. Senate Amendment 1 relates to the duration of the sales tax that is financing Miller Park construction costs. It is the opinion of the chair that Senate Amendment 1 relates to a subject that is different from the subject of Senate Bill 298 and that Senate Amendment 1 is intended to accomplish a purpose that is different from the purpose of Senate Bill 298. As a result, Senate Amendment 1 is not germane to Senate Bill 298.
Senator Carpenter appealed the ruling of the Chair.
The question was: Shall the Decision of the chair stand as the judgement of the Senate?
The roll was taken. The vote was: Ayes-18, Noes-15. Decision of the Chair stands as the judgement of the Senate.
[Note:] The bill placed directors and officers of local professional baseball park districts and local cultural arts districts under the code of ethics for local public officials. The amendment sunsets the local professional baseball park district sales taxes.
Senate Rule 50. Substitute amendments and amendments must be germane. (1) Every substitute amendment and amendment to a proposal must be germane to that proposal.
(6) The following substitute amendments or amendments are not germane:
(b) A substitute amendment or amendment to a proposal that relates to a subject that is different from the subject of that proposal, that is intended to accomplish a purpose that is different from the purpose of that proposal, that negates that proposal entirely, or that substitutes another proposal pending before the senate.
Senate Journal of March 10, 2004 .......... Page: 704
Point of order:
Senator Welch raised the point of order that Senate amendment 1 to Senate Resolution 32 was not germane.
The Chair took the point of order under advisement.
Senate Journal of March 11, 2004 .......... Page: 732
Senator Carpenter, with unanimous consent, asked that Senate amendment 1 to Senate Resolution 32 be withdrawn and returned to author.
[Note:] The resolution urged elected and appointed federal, state, and local officials to works to secure more federal funding for the state. The amendment pledged that the legislature will restore fiscal integrity to the state budget.
Senate Rule 50. Substitute amendments and amendments must be germane.
(6) The following substitute amendments or amendments are not germane:
(b) A substitute amendment or amendment to a proposal that relates to a subject that is different from the subject of that proposal, that is intended to accomplish a purpose that is different from the purpose of that proposal, that negates that proposal entirely, or that substitutes another proposal pending before the senate.
2 0 0 1 A S S E M B L Y
Assembly Journal of February 1, 2001 .......... Page: 58
Point of order:
Representative Black rose to the point of order that Assembly Bill 3 was not properly before the Assembly because it must be referred to the joint committee on Finance before being passed by the Assembly.
The Chair (Representative Albers) took the point of order under advisement.
Assembly Journal of February 1, 2001 .......... Page: 59
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Black that Assembly Bill 3 was not properly before the Assembly because it must be referred to the joint committee on Finance before being passed by the Assembly. Speaker Pro Tempore Freese reaffirmed previous rulings and cited a ruling from the Assembly Journal of October 15, 1987 (page 424).
[Note:] The Assembly Journal of October 15, 1987, states: Sec. 13.093 (1), stats., reads: "All bills introduced in either house of the legislature for the appropriation of money, providing for revenue or relating to taxation shall be referred to the joint committee on finance before being passed." The word "passed" probably means final passage by both houses.
Assembly Journal of February 13, 2001 .......... Page: 77
Point of order:
Representative Albers rose to the point of order that Assembly amendment 1 to Assembly Bill 6 was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of February 13, 2001 .......... Page: 79
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Albers that Assembly amendment 1 to Assembly Bill 6 was not germane under Assembly Rule 54.
[Note:] The bill 1) eliminated the specific immunity exception under which cities, villages, town, and counties may be held liable for not repairing highways and 2) eliminated secondary liability for cities, villages, town, and counties. The amendment removed the first of the two but left the second in the bill.
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.
MASON'S MANUAL
Sec. 242. Limitations on Use of Points of Order
3. A point of order may not be raised on the ground that a bill does not conform to the subject matter as stated in the title because this is a question which must be decided by the body.
Assembly Journal of March 6, 2001 .......... Page: 122
Point of order:
Representative Black rose to the point of order that Assembly amendment 5 to Assembly Bill 18 was not germane under Assembly Rule 54.
The Chair (Representative Duff) took the point of order under advisement.
Assembly Journal of March 6, 2001 .......... Page: 122
Ruling on the point of order:
The Chair (Representative Duff) ruled not well taken the point of order raised by Representative Black that Assembly amendment 5 to Assembly Bill 18 was not germane under Assembly Rule 54.
Representative Black 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-54, Noes-42. Motion carried.
[Note:] The bill related to reporting by nonresidents under the campaign finance law and the amendment to prohibited contributions and disbursements.
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 March 13, 2001 .......... Page: 142
Point of order:
Representative Freese rose to the point of order that Senate Bill 1 was not properly before the Assembly under 16.47 of the Wisconsin Statutes.
Speaker Jensen took the point of order under advisement.
Assembly Journal of March 22, 2001 .......... Page: 171
