Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Schneider that Assembly amendment 1 to Assembly substitute amendment 1 to Assembly Bill 67 was not germane under Assembly Rule 54.
Representative Hundertmark moved that Assembly amendment 1 to Assembly substitute amendment 1 to Assembly Bill 67 be laid on the table.
[Note:] The substitute amendment permitted health care providers to refuse to participate in certain procedures on moral or religious grounds. The amendment added to the list of procedures procedures for providing contraceptive articles.
Assembly Rule 54 (4) Amendments that are germane include:
(e) An amendment relating only to particularized details.
Assembly Journal of May 29, 2003 .......... Page: 227
Point of order:
Representative Hundertmark rose to the point of order that Assembly amendment 4 to Assembly substitute 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 May 29, 2003 .......... Page: 229
Representative Hundertmark withdrew her point of order that Assembly amendment 4 to Assembly substitute amendment 1 to Assembly Bill 67 was not germane under Assembly Rule 54.
Representative Schneider asked unanimous consent that Assembly amendment 4 to Assembly substitute amendment 1 to Assembly Bill 67 be laid on the table. Granted.
[Note:] The substitute amendment permitted health care providers to refuse to participate in certain procedures on moral or religious grounds. The amendment added to the list of procedures procedures for providing sildenafil citrate (Viagra).
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 November 5, 2003 .......... Page: 497
Point of order:
Representative Friske rose to the point of order that Assembly amendment 19 to Senate Bill 214 was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of November 5, 2003 .......... Page: 501
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Friske that Assembly amendment 19 to Senate Bill 214 was not germane under Assembly Rule 54.
Representative Suder moved that Assembly amendment 19 to Senate Bill 214 be laid on the table.
[Note:] The bill permitted the carrying of a concealed weapon, but not in a building on a campus. The amendment provided that the exception was anywhere on a campus.
Assembly Rule 54 (4) Amendments that are germane include:
(e) An amendment relating only to particularized details.
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Assembly Journal of July 2, 2001 .......... Page: 358
Point of order:
Representative Duff rose to the point of order that a motion to table the motion to suspend the rules to immediately message Senate Bill 55 to the Senate was not properly before the Assembly under Assembly Rule 74 (3).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of July 26, 2001 .......... Page: 371
Representative Duff withdrew his point of order raised on Monday, July 2, that a motion to table the motion to suspend the rules to immediately message Senate Bill 55 to the Senate was not properly before the Assembly under Assembly Rule 74 (3).
Assembly Journal of July 2, 2001 .......... Page: 358
Ruling on the point of order:
The Chair ruled the point of order raised by Representative Duff that a motion to table the motion to suspend the rules to immediately message Senate Bill 55 to the Senate was not properly before the Assembly because a motion on the bill had been taken under advisement and that removed the bill from further consideration under Assembly Rule 62 (3)(b)1.
[Note:] Assembly Rule 74 (3) A motion to table may not be applied to procedural motions, except that a motion to withdraw a proposal from committee may be tabled if the motion to withdraw does not involve a suspension of the rules.
Assembly Rule 62 (3) The presiding officer may speak on points of order in preference to others and may:
(a) Immediately announce and explain a ruling on a point of order that has been raised; or
(b) Defer such ruling by taking a point of order under advisement.
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.
Assembly Journal of October 30, 2001 .......... Page: 490
Point of order:
Representative Hubler rose to the point of order that a second motion to table Assembly amendment 1 to Assembly Bill 579 was not in order under Assembly Rule 69.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of October 30, 2001 .......... Page: 491
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Hubler that a second motion to table Assembly amendment 1 to Assembly Bill 579 was dilatory under Assembly Rule 69, citing a previous ruling from the Assembly Journal on October 31, 1985, pages 544-545.
[Note:] The ruling referred to above dealt with two motions to take from the table and noted, that under Assembly Rule 69 (2), two consecutive identical motions are dilatory unless significant business has intervened between the motions.
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Assembly Journal of January 17, 1995 .......... Page: 40
Point of order:
Representative Freese rose to the point of order that Assembly amendment 4 to Assembly Bill 6 was not germane under Assembly Rule 54 (1).
Representative Bell asked unanimous consent that Assembly amendment 4 to Assembly Bill 6 be laid on the table. Granted.
[Note:] The bill made permanent the school district revenue limits. The amendment required a report on property taxes and the quality of education.
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 January 17, 1995 .......... Page: 42
Point of order:
Representative Freese rose to the point of order that Assembly amendment 10 to Assembly Bill 6 was not germane under Assembly Rules 54 (1) and (3).
Representative Bell asked unanimous consent that Assembly amendment 10 to Assembly Bill 6 be laid on the table. Granted.
[Note:] The bill made permanent the school district revenue limits. The amendment exempted from the levy limits costs for interactive distance learning.
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 Rule 74. Tabling; taking from table. A motion to table disposes of a matter temporarily. The committee on rules may refer any tabled matter to an appropriate calendar. Unless the referral has been made, a tabled matter may be taken from the table at any time by order of the assembly.
Assembly Journal of June 16, 1995 .......... Page: 315
Point of order:
Representative Kunicki rose to the point of order that the motion to table Assembly Resolution 25 was not in order under Assembly Rule 33 (3).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
[Note:] Assembly Rule 33 (3) Any resolution offered by the committee on rules to make a proposal a special order is privileged and may be received under any order of business. Such a resolution shall be taken up and acted upon immediately, ahead of all other proposals. The question before the assembly is adoption of the resolution. The only motion in order with regard to any such resolution is the motion to reject. Debate on the questions of adoption and rejection is limited to 5 minutes each.
Assembly Journal of September 28, 1995 .......... Page: 512
Point of order:
Representative Grothman rose to the point of order that Assembly amendment 16 Assembly substitute amendment 1 to Assembly Bill 441 not germane under Assembly Rule 54(3)(f).
Representative Schneider asked unanimous consent that Assembly amendment 16 to Assembly substitute amendment 1 to Assembly Bill 441 be laid on the table. Granted.
[Note:] The bill created additional requirements for a woman's informed consent for an abortion and to consent for a minor obtaining an abortion. The amendment prohibited the use of a social security number for reporting of induced abortions.
Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Tax exemptions: general
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Senate Journal of May 7, 1998 .......... Page: 681
Point of order:
Senator Wineke raised the point of order that Assembly Bill 768 is not properly before the Senate.
Ruling on the point of order:
The Chair ruled the point not well taken.
[Note:] Sec. 13.52 (6), stats., requires the referral to the joint survey committee on tax exemptions, at the time of introduction, of any "proposal which affects any existing statute or creates any new statute relating to the exemption of any property or person from any state or local taxes or special assessments."
Under s. 13.52 (6), stats., when a proposal must be referred to the joint survey committee and has been so referred, "such proposal shall not be considered further by either house until the joint survey committee on tax exemptions has submitted a report, in writing, setting forth an opinion on the legality of the proposal, the fiscal effect upon the state and its subdivisions and its desirability as a matter of public policy."
Tax exemptions: referral of proposal to joint survey committee on
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Assembly Journal of February 15, 2001 .......... Page: 94
Point of order:
Representative Black rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 100 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. Speaker Pro Tempore Freese cited as precedent the ruling on 1999 Assembly Bill 941 which appeared on page 921 of the Assembly Journal of April 11, 2000.
[Note:] The ruling mentioned above stated in part: "The rules clearly indicate that by adding an appropriation it does not expand the scope of the bill. This is a germane amendment. That's very clear from this Chair's perspective, under the rules."
Assembly Rule 54 (4) Amendments that are germane include:
(d) An amendment adding appropriations necessary to fulfill the original intent of a bill.
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Assembly Journal of March 29, 2000 .......... Page: 879
Point of order:
Representative Black rose to the point of order that Assembly substitute amendment 2 to Assembly Bill 941 was not properly before the Assembly under 13.52(6), Wisconsin Statutes and was not germane under Assembly Rule 54(1).
Speaker pro tempore Freese ruled the point of order not well taken.
Assembly Journal of April 11, 2000 .......... Page: 921
Ruling on the point of order:
On Wednesday, March 29 (page 879 of the Assembly Journal), Representative Black rose to the point of order that Assembly substitute amendment 2 to Assembly Bill 941 was not properly before the Assembly.
Speaker Pro Tempore Freese ruled the point of order not well taken.
The full text of Speaker Pro Tempore Freese's ruling follows:
The rules clearly indicate that by adding an appropriation it does not expand the scope of the bill. This is a germane amendment. That's very clear from this Chair's perspective, under the rules.
