The Chair (Representative Duff) ruled the point of order not well taken.
[Note:] The bill related to actions against manufacturers and dealers of firearms. ASA-1 also included actions against sport shooting range owners and operators and gun clubs.
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
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Senate Journal of March 26, 1998 .......... Page: 560
Point of order:
Senator Wineke, with unanimous consent, asked that Senate Bill 13 be withdrawn from the committee on Economic Development, Housing and Government Operations and taken up at this time.
Ruling on the point of order:
The Chair ruled that this was not a proper motion at this time.
[Note:] The ruling may have been based on one of the following rules:
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.
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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 March 14, 1996 .......... Page: 930
Point of order:
Representative Jensen rose to the point of order that the motion to program all the phones in the Assembly Chamber to be able to make outside calls was out of order.
The chair (Representative Duff) took the point of order under advisement.
Assembly Journal of March 14, 1996 .......... Page: 931
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well-taken the point of order raised by Representative Jensen that the motion to have all the phones in the Assembly Chamber programmed to be able to make outside calls was out of order.
[Note:] The motion did not relate to parliamentary procedure.
Assembly Rule 95 (56) Point of order: A request that the presiding officer rule on a matter of parliamentary procedure.
Assembly Journal of May 8, 1996 .......... Page: 1119
Point of order:
Representative Carpenter moved that the Speaker Pro Tempore be removed as the presiding officer.
Representative Duff rose to the point of order that the motion to remove the Speaker Pro Tempore as the presiding officer was not properly before the Assembly under Assembly Rules 65 and 66.
Speaker Prosser in the chair.
Representative Carpenter withdrew his motion that the Speaker Pro Tempore be removed as the presiding officer.
[Note:] The motion to remove the speaker was not listed under rule 65 or 66. The procedure for removal of an officer is set out in rule 1. The procedure to reprimand, censure, or expel an officer is set out in rules 43 (3) and 21.
Assembly Rule 65. Privileged and subsidiary motions and requests during debate.
(1) When a main question is under debate the following privileged motions and requests are in order if appropriate under the rules governing motions, requests, and proposals:
Assembly Rule 66. Incidental motions, requests and questions during debate.
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:
Assembly Rule 1. Assembly officers. As early as possible in each legislative biennium, the assembly shall elect from among its members, by roll call vote of a majority of those present, a speaker of the assembly and a speaker pro tempore, and from outside its membership a chief clerk and a sergeant at arms. Those officers shall serve for the legislative biennium unless separated by death, resignation, or removal by a majority of the current membership of the assembly. A midterm vacancy in any of those offices shall be filled by an election scheduled by the speaker as a special order of business.
Mason's Manual Sec. 581. Removal of Presiding Officer.
1. A presiding officer who has been elected by the house may be removed by the house upon a majority vote of all the members elected, and a new presiding officer pro tempore elected and qualified.
Sec. 581, Par. 1: In re Speakership of the House of Representatives (1890), 15 Colo. 520, 25 P. 707; Jefferson, Sec. IX; Reed, Sec. 36; Malone v. Meekins (Alaska 1982), 650 P.2d 351.
2. When there is no fixed term of office, an officer holds office at the pleasure of the organization or until a successor is elected and qualified.
Sec. 581, Par. 2: Ostrom v. Greene (1897), 45 N.Y.S. 852.
Article IV, 30 Elections by legislature. Section 30. All elections made by the legislature shall be by roll call vote entered in the journals.
Article XIII, 6 Legislative officers. Section 6. The elective officers of the legislature, other than the presiding officers, shall be a chief clerk and a sergeant at arms, to be elected by each house.
Assembly Rule 43 (3) Any resolution to reprimand, censure, or expel an officer or member of the assembly shall identify the charges against the officer or member cited and shall be referred to the committee on ethics and standards of conduct for review under rule 21.
Assembly Rule 21. Ethics and standards of conduct, special committee on.
(1) Any resolution to reprimand, censure, or expel an officer or member of the assembly shall be referred to a special committee on ethics and standards of conduct, convened for the purpose of holding one or more public hearings on the resolution and submitting the committee's recommendation to the assembly. The special committee shall consist of 3 members of the majority party and 3 members of the minority party, appointed as are the members of standing committees.
(2) The hearing shall be scheduled as soon as possible, allowing reasonable time to ascertain the facts of the controversy, to furnish a copy of the detailed written charges to the officer or member cited, and to permit that person to prepare a proper defense.
(3) At the hearing, the officer or member cited may have the advice of counsel, may offer testimony to mitigate or refute the charges, and may cross-examine any witness testifying in support of the charges.
(4) With the consent of the officer or member cited, the committee may vote to close parts of the hearing to the public.
(5) Promptly after the conclusion of the hearing, the committee shall return the resolution to the assembly together with a written report containing the committee's recommendation for action on the resolution.
Two-thirds vote required: prevailing side
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Assembly Journal of March 7, 2002 .......... Page: 751
Point of order:
Representative Carpenter rose to a point of order that the vote to take up reconsideration of the vote by which Assembly Bill 872 was passed, would require a two thirds majority for the motion to prevail.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of March 7, 2002 .......... Page: 751
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Carpenter that the vote to take up reconsideration of the vote by which Assembly Bill 872 was passed, would require a two-thirds majority for the motion to prevail under Assembly Rule 73 (3)(a).
[Note:] This may have been a parliamentary inquiry, not a point of order. A "parliamentary inquiry" might have informed the members as to the vote required. A "point of order" is appropriate only to obtain a decision by the presiding officer concerning an issue currently before the house. Had the resolution been adopted by a majority but less than 2/3, a point of order might have been appropriate. Because the roll had not been called, there was no issue.
MASON'S MANUAL
Sec. 230. When an Appeal Is in Order 8. An answer to a parliamentary inquiry is not a decision and therefore cannot be appealed.
Assembly Rule 73 (3) (a).....Any motion to reconsider such final action shall be taken up immediately if the roll call day on which it is entered is already the 2nd or a later actual day following the vote constituting final action on the proposal, but consideration of any other motion for reconsideration of such final action, entered on the roll call day following the day on which the final action was taken, shall be laid over and placed on the calendar for the first legislative day that occurs at least 2 calendar days after the decision was made.
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Assembly Journal of May 5, 1998 .......... Page: 851
Point of order:
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.
Assembly Journal of May 9, 1996 .......... Page: 1145
Point of order:
Representative Brancel rose to the point of order that Assembly amendment 2 to Assembly Joint Resolution 102 was not germane under Assembly Rule 54 (3)(f).
Ruling on the point of order:
Speaker pro tempore Freese ruled the point of order well taken.
Representative Carpenter appealed the ruling of the Chair.
Representative Carpenter withdrew his motion.
Representative Jensen asked unanimous consent that the rules be suspended and that Senate Bill 536 be withdrawn from the joint committee on Finance and placed on the calendar of Monday, May 13. Granted.
[Note:] The joint resolution placed on the ballot an advisory referendum asking whether the state should continue to provide property tax relief by paying two-thirds of the costs of local school costs without raising sales or income taxes. The amendment substituted "increasing state taxes" for "raising sales or income taxes".
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
Withdrawal motion (from committee)
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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 November 13, 2003 .......... Page: 543
