Representative Hubler rose to the point of order that the motion to withdraw Assembly Bill 441 from the committee on Judiciary and refer it to the committee on Rules required a two-thirds vote under Assembly Rule 15(1). Pursuant to Senate Joint Resolution 1, the bill died at the conclusion of the last floorperiod on March 26, 1998. When the bill was revived, pursuant to Senate Joint Resolution 47, the 21day period required by Assembly Rule 15(1) would have to begin again. Therefore, the bill had only been in committee for 14 days.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken because the Assembly concurred in Senate Joint Resolution 47 which states "...the following proposals are revived for further consideration in the April 1998 extraordinary session, which consideration shall begin at the stage that the proposals had reached immediately before adjournment on March 26, 1998". Therefore, he ruled that a two-thirds vote was not needed because the 21day period required by Assembly Rule 15(1) began on July 1, 1997 when the bill was introduced and referred to the committee on Judiciary.
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-50, Noes-47. Motion carried.
[Note:] Assembly Rule 15 (1) A proposal may not be withdrawn from any committee until 21 calendar days have expired since the proposal was referred to the committee. After the 21-day period, a proposal may be withdrawn either by motion or by petition, but:
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Assembly Journal of February 28, 1995 .......... Page: 118
Point of order:
Representative Duff rose to the point of order that under Assembly Rule 15 (3), a motion to withdraw Assembly Bill 3 from committee required a two-thirds vote because a vote to withdraw the bill from committee had already been taken on January 17, 1995.
Ruling on the point of order:
Speaker Prosser ruled the point of order not well taken, because the vote taken on January 17, 1995 to withdraw Assembly Bill 3 from committee was a vote on suspension of the rules, and not on a motion allowed under Assembly Rule 15 (2).
[Note:] This may have been a parliamentary inquiry, not a point of order.
Assembly Rule 15 (3) Once a motion to withdraw a proposal from a committee which requires a vote of a majority of the members present and voting fails, all subsequent motions to withdraw that proposal from the same committee require a vote of two-thirds of the members present and voting for adoption and must be decided without debate.
Assembly Journal of April 7, 1995 .......... Page: 224
Point of order:
Representative Freese rose to the point of order that the motion to withdraw Assembly Bill 73 from the Joint Committee on Finance was not in order under Section 16.47(2) of the Wisconsin Statutes.
Speaker Prosser took the point of order under advisement.
Assembly Journal of April 8, 1995 .......... Page: 233
Ruling on the point of order:
Speaker Prosser ruled not well taken the point of order raised by Representative Freese on Friday, April 7 that the motion to withdraw Assembly Bill 73 from the Joint Committee on Finance was not in order under Section16.47(2) of the Wisconsin Statutes and Assembly Rule 15(1)(b). The motion made by Representative Schneider to withdraw the bill from committee included a request for suspension of the rules and therefore was in order.
[Note:] Assembly Rule 15 (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:
(b) A bill requiring, but not having, an emergency statement for passage may not be withdrawn from the joint committee on finance or from the committee on rules.
16.47(2) No bill containing an appropriation or increasing the cost of state government or decreasing state revenues in an annual amount exceeding $10,000 shall be passed by either house until the budget bill has passed both houses; except that the governor or the joint committee on finance may recommend such bills to the presiding officer of either house, in writing, for passage and the legislature may enact them, and except that the senate or assembly committee on organization may recommend to the presiding officer of its respective house any such bill not affecting state finances by more than $100,000 biennially. Such bills shall be accompanied by a statement to the effect that they are emergency bills recommended by the governor, the joint committee on finance, or the senate or assembly committee on organization. Such statement by the governor or joint committee on finance shall be sufficient to permit passage prior to the budget bill. Such statement by the senate or assembly committee on organization shall be effective only to permit passage by its respective house.
Tabling motion
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Assembly Journal of May 29, 2003 .......... Page: 226
Point of order:
Representative Schneider rose to the point of order that Assembly amendment 1 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
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).
