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-37. Motion carried.
[Note:] Assembly Rule 93. Special, extended, or extraordinary sessions. Unless otherwise provided by the assembly for a specific special, extended, or extraordinary session, the rules of the assembly adopted for the regular session, subject to the following modifications, apply to each special session called by the governor and to each extended or extraordinary session called by the assembly and senate committees on organization or called by a joint resolution adopted by one house and concurred in by the other house:
(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.
2 0 0 1 A S S E M B L Y
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.
1 9 9 9 A S S E M B L Y
Assembly Journal of May 4, 2000 .......... Page: 949
Point of order:
Representative M. Lehman rose to the point of order that Assembly amendment 1 to Assembly Bill 1, May 2000 Special Session was not in order under Assembly Rule 93(1) because it was not germane to the special session call.
The Chair (Representative Duff) ruled the point of order well taken.
[Note:] The bill restored the school property tax credit and the amendment provided state aid related to the use value assessment of agricultural land.
Assembly Rule 93. Special, extended, or extraordinary sessions. Unless otherwise provided by the assembly for a specific special, extended, or extraordinary session, the rules of the assembly adopted for the regular session, subject to the following modifications, apply to each special session called by the governor and to each extended or extraordinary session called by the assembly and senate committees on organization or called by a joint resolution adopted by one house and concurred in by the other house:
(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.
1 9 9 5 A S S E M B L Y
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.
Substitute amendment: questions of germaneness
2 0 0 3 A S S E M B L Y
Assembly Journal of January 30, 2003 .......... Page: 42
Point of order:
Representative Black rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 4 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken.
[Note:] The bill provided that the Joint Committee on Finance would determine which costs of the Department of Natural Resources were administrative costs. The amendment provided that the Department would determine which costs were administrative costs and notify the Joint Committee. If the Joint Committee did not object within the 14 -day passive review period, the determination would take effect.
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.
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 12, 2003 .......... Page: 108
Point of order:
Representative Hubler rose to the point of order that Assembly substitute amendment 2 to Assembly Bill 144 was not germane under Assembly Rule 54 (3) (c).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken.
[Note:] The bill limited the governor's authority to negotiate Indian Gaming Compacts. The substitute amendment also required legislative approval of proposed Indian gaming establishments located on certain Indian trust lands.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(c) An amendment substantially similar to an amendment already acted upon.
Assembly Journal of March 12, 2003 .......... Page: 108
Point of order:
Representative Hebl rose to the point of order that Assembly substitute amendment 2 to Assembly Bill 144 was not germane under Assembly Rule 54 (3) (e).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken.
Representative Hebl 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-58, Noes-39. Motion carried.
[Note:] The bill limited the governor's authority to negotiate Indian Gaming Compacts. The substitute amendment also required legislative approval of proposed Indian gaming establishments located on certain Indian trust lands.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(e) An amendment relating only to particularized details.
Assembly Journal of March 12, 2003 .......... Page: 111
Point of order:
Representative Foti rose to the point of order that Assembly substitute amendment 3 to Assembly Bill 144 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Hubler 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-58, Noes-38. Motion carried.
[Note:] The substitute amendment limited the governor's authority to negotiate Indian Gaming Compacts. The substitute amendment also dealt with the licensing and regulation of amusement devices under the state lottery.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(a) One individual proposition amending another individual proposition.
(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 12, 2003 .......... Page: 112
Point of order:
Representative Krug rose to the point of order that Assembly substitute amendment 2 to Assembly Bill 144 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken.
[Note:] The substitute amendment limited the governor's authority to negotiate Indian Gaming Compacts. The amendment also required the Indian Tribes to enter into an agreement with the local governmental units affected.
Assembly Rule 54 (4) Amendments that are germane include:
(e) An amendment relating only to particularized details.
Assembly Journal of June 25, 2003 .......... Page: 290
Point of order:
Representative Albers rose to the point of order that Assembly substitute amendment 1 to Senate Bill 77 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken.
[Note:] The bill authorized the issuance of promissory notes to pay unfunded prior service liability contributions of the Milwaukee Public Schools under the Wisconsin Retirement Fund. The substitute amendment authorized the issuance of promissory notes and of bonds to pay the unfunded prior service liability contributions, placed restrictions on the issuance, and provided a state moral obligation guarantee if the debt became in default.
Assembly Rule 54 (4) Amendments that are germane include:
(e) An amendment relating only to particularized details.
Assembly Journal of September 23, 2003 .......... Page: 372
Point of order:
Representative Gunderson rose to the point of order that Assembly substitute amendment 2 to Assembly Bill 519 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
[Note:] The bill authorized the feeding of deer and elk in certain areas of the state and at certain times. The substitute amendment permitted the Department of Natural Resources to prohibit feeding or baiting of deer any place in the state.
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, 2003 .......... Page: 372
Point of order:
Representative Black rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 519 was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of September 23, 2003 .......... Page: 372
