Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Schneider 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-45. Motion carried.
[Note:] The bill prohibited school districts from beginning school before Labor Day. The substitute amendment provided a study in lieu of the bill's provisions.
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 14, 1998 .......... Page: 902
Point of order:
Representative Johnsrud rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 4, April 1998 Special Session 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 related to the permit guarantee program in DNR. ASA-1 created time periods for review of DNR applications for certain permits.
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 19, 1998 .......... Page: 910
Point of order:
Representative Krug rose to the point of order that Assembly substitute amendment 1 to Senate Bill 2, April 1998 Special Session was not germane under Assembly Rule 54(3)(f).
Ruling on the point of order:
Speaker Jensen ruled not well taken the point of order raised by Representative Krug that Assembly substitute amendment 1 to Senate Bill 2, April 1998 Special Session was not germane under Assembly Rule 54(3)(f).
The lady from the 12th and the gentleman from the 7th have asserted that the proposal is not germane on the grounds that the proposal substantially expands the scope of the proposal.
The proposed substitute amendment, Assembly Substitute Amendment 1 to Special Session Senate Bill 2, proposes to make various changes to the statutes governing the public school system in a 1st class city. One provision in the relating clause provides that this proposal relates to "reorganizing" schools in first class cities. It could be argued that this provision only narrows the scope of this proposal and provides for a particularized detail (by providing for the creation of a commission and the placement of certain referendum questions concerning the reorganization of schools in first class cities in the spring, 1999 election). In addition, both the original bill and the proposed substitute have appropriations. This amendment is clearly germane under Assembly Rule 54(4).
Representative Krug 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-49, Noes-40. Motion carried.
[Note:] Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
1 9 9 5 A S S E M B L Y
Assembly Journal of February 16, 1995 .......... Page: 100
Point of order:
Representative Black rose to the point of order that Assembly substitute amendment 2 to Assembly Bill 37 was not germane under Assembly Rules 54(1) and 54(3)(f).
The chair (Speaker Pro Tempore Freese) took the point of order under advisement.
Ruling on the point of order:
The chair (Speaker Pro Tempore Freese) ruled not timely the point of order raised by Representative Black that Assembly substitute amendment 2 to Assembly Bill 37 was not germane because there were simple amendments to the substitute amendment pending. The simple amendments to the substitute amendment must be disposed of before a point of order on that substitute amendment would be in order.
Representative Black moved that Assembly substitute amendment 2 to Assembly Bill 37 be laid on the table.
[Note:] Assembly Rule 54 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 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 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 January 31, 1996 .......... Page: 807
Point of order:
Representative Hubler rose to the point of order that Assembly substitute amendment 2 to Assembly Bill 13 was not germane under Assembly Rule 54(3)(f).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken.
[Note:] The bill and both substitute amendments related to trespass to land.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
(4) Amendments that are germane include:
(b) An amendment that accomplishes the same purpose in a different manner.
(d) An amendment adding appropriations necessary to fulfill the original intent of a bill.
(e) An amendment relating only to particularized details.
1 9 9 5 S E N A T E
Senate Journal of September 27, 1995 .......... Page: 358
Point of order:
Senator Darling raised the point of order that Senate amendment 1 to Assembly Bill 554 is not germane.
Ruling on the point of order:
The Chair ruled the point well taken.
[Note:] The bill related to interstate banking. The amendment limited customer service charges imposed by a financial institution.
SENATE RULE 50. Amendments must be germane, general statement. (1) No standing committee shall report any substitute or amendment for any proposal originating in either house referred to such committee nor shall the senate consider any substitute or amendment which relates to a different subject, is intended to accomplish a different purpose, would require a relating clause essentially different from the relating clause of the original proposal or would totally alter the nature of the original proposal.
(7) A substitute or amendment relating to a specific subject or to a general class is not germane to a bill relating to a different specific subject, but an amendment limiting the scope of the proposal is germane.
Senate Journal of January 11, 1996 .......... Page: 526
Point of order:
Senator Huelsman raised the point of order that Senate substitute amendment 1 to Senate Bill 404 is not germane.
Ruling on the point of order:
The Chair ruled the point well taken.
[Note:] The bill related to homicide by intoxicated use of a vehicle. The substitute amendment added provisions relating to alcohol concentrations of vehicle operators.
SENATE RULE 50. Amendments must be germane, general statement. (1) No standing committee shall report any substitute or amendment for any proposal originating in either house referred to such committee nor shall the senate consider any substitute or amendment which relates to a different subject, is intended to accomplish a different purpose, would require a relating clause essentially different from the relating clause of the original proposal or would totally alter the nature of the original proposal.
(7) A substitute or amendment relating to a specific subject or to a general class is not germane to a bill relating to a different specific subject, but an amendment limiting the scope of the proposal is germane.
Suspension of constitution or state law not permitted
2 0 0 3 A S S E M B L Y
Assembly Journal of January 30, 2003 .......... Page: 40
Parliamentary inquiry:
Speaker Pro Tempore Freese ruled on a parliamentary inquiry made by Representative Miller on Tuesday, January 28.
Answer to parliamentary inquiry:
Speaker Pro Tempore Freese ruled as follows: "On Tuesday of this week Representative Miller regarding the rules and statutes that govern this Assembly made a parliamentary inquiry. I have given this much thought since I have ruled on this issue before. I think it is important to recognize that under Article IV, section 8, of the Wisconsin Constitution, the assembly is the sole and absolute decision maker on Assembly proceedings that are not set out in the Wisconsin or federal constitution. It is within the Assembly's power under Article IV, section 8, of the constitution, to permit or refuse to permit the suspension or modification of a rule of proceedings set forth in the statutes just as it can of a rule of proceedings set forth in the rules pamphlet.
In Mason's manual section 2 refers to the right to regulate procedure. The Constitutional right of a state legislature to control its own procedure cannot be withdrawn or restricted by statute, but statutes may control procedure insofar as they do not conflict with the rules of the houses or with the rules contained in the constitution. Section 3 states that the State Constitution is a limitation rather than a grant of legislative power. If not expressly or implicitly withheld, the whole legislative power of the state is committed to the legislature.
It appears that the updating of legislative proceedings in the statutes have not kept up to the updating of legislative proceedings in the rules pamphlets. The statutes appear to reflect an earlier view of the powers that are to be exercised by the assembly officers.
On January 15, 1998 I had to rule on a point of order whether the motion to withdraw Assembly Bill 421 from the joint survey committee on Retirement Systems was not in order. Section 13.50 (6) was created in 1963 as Chapter 153, laws of 1963 as 13.44 (9) with the exact wording as it appears today. In 1977, through Assembly Resolution 6, Assembly rule 26 was first created which is our current rule 15 (1). I ruled that when the Statute and the rule are the same that we could suspend the rule but not the statute. If the rule and constitution were the same but the statute was different, the constitution and rule would be the precedent. If the rule and the statute were not the same, it would require a point of order to clarify which one has precedent at the time on an individual basis."
[Note:] Article IV, 7 Organization of legislature; quorum; compulsory attendance. Section 7. Each house shall be the judge of the elections, returns and qualifications of its own members; and a majority of each shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide.
Assembly Journal of February 20, 2003 .......... Page: 75
Point of order:
Representative Schneider moved that the rules be suspended and that LRB-2058 be taken up at this time.
