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Ruling on the Point of Order
On Tuesday, January 22 (page 24 of the Assembly Journal), Representative Steineke rose to a point of order that Assembly Amendment 1 to Assembly Substitute Amendment 1 and Assembly Amendment 2 to Assembly Substitute Amendment 1 to Assembly Bill 1 was not germane under Assembly Rule 54 (3)(f). Speaker Pro Tempore August ruled the point of order well taken. The full text of the ruling by Speaker Pro Tempore August follows:
“Representative Steineke rose to the point of order that Assembly Amendment 1 to Assembly Substitute Amendment 1 to Assembly Bill 1 was not properly before the body as it was non-germane under Assembly Rule 54 (3)f. I find the point of order well taken.
Representative Shankland contended that the amendment was germane under Assembly Rule 54 (4)b because the amendment “accomplishes the same purpose in a different manner.” This is not the case. The amendment sought to authorize the Governor to authorize the Attorney General to withdraw from a federal lawsuit challenging the Patient Protection and Affordable Care Act. While pre-existing conditions are certainly mentioned throughout ASA1 to AB1 as well as the Patient Protection and Affordable Care Act, simply withdrawing from the federal lawsuit does not in and of itself guarantee those protections in state law. The lawsuit could and likely would continue on as the State of Wisconsin is not the only plaintiff in the case. Therefore, simply withdrawing from the lawsuit does not accomplish the same purpose of ASA1 to AB1 in a different manner.
Further, ASA1 to AB1 does not refer to the specific lawsuit referred to in AA1. ASA1 deals specifically with under what terms an insurance provider may or may not decline coverage to an individual. No mention of any federal lawsuit is made and therefore AA1 to ASA1 to AB1 is clearly non germane as it dramatically expands the scope of the bill.
Representative Steinke rose to the point of order that Assembly Amendment 2 to Assembly Substitute Amendment 1 to Assembly Bill 1 was not properly before the body as it was non-germane under Assembly rule 54 (3)f. I find the point of order well taken.
The Dean of the Assembly Representative Sinicki contended that the amendment was in fact germane because it dealt with topics such as prescription drug coverage and women’s healthcare coverage.
ASA1 to AB1 deals specifically with under what terms an insurance provider may or may not decline coverage to an individual. Nowhere in ASA1 to AB1 are the content of insurance plans mentioned. AA2 seeks to include what content must be included in insurance coverage, which is not the original intent of AB1 or ASA1 to AB1. Therefore, AA2 is clearly non-germane as it dramatically expands the scope of the bill.”
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Calendar of Tuesday, February 12
Assembly Resolution 3
Relating to: proclaiming the month of February 2019 as Career and Technical Education Month in Wisconsin.
hist97546The question was: Shall Assembly Resolution 3 be adopted? Motion carried.
Assembly Joint Resolution 3
Relating to: proclaiming February 2019 to be American Heart Month in Wisconsin.
hist97547The question was: Shall Assembly Joint Resolution 3 be adopted? Motion carried.
hist97548Representative Steineke asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 3 be immediately messaged to the Senate. Granted. Assembly Joint Resolution 4
Relating to: recognizing February as Teen Dating Violence Awareness and Prevention Month.
hist97549The question was: Shall Assembly Joint Resolution 4 be adopted? Motion carried.
hist97550Representative Steineke asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 4 be immediately messaged to the Senate. Granted. Speaker Vos introduced a privileged joint resolution:
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Introduction and Reference of Proposals
Read first time and referred:
Assembly Joint Resolution 6
hist97577Relating to: modifying the session schedule for the 2019-20 biennial session period. By Representatives Steineke and Vos.
hist97580The question was: Shall Assembly Joint Resolution 6 be adopted? The roll was taken.
The result follows:
Ayes - Representatives Anderson, August, Ballweg, Billings, Born, Bowen, Brandtjen, Brooks, Brostoff, Cabrera, Considine, Crowley, Dittrich, Doyle, Duchow, Edming, Emerson, Felzkowski, Fields, Goyke, Gruszynski, Gundrum, Haywood, Hebl, Hesselbein, Hintz, Hutton, Jagler, James, Katsma, Kerkman, Kitchens, Knodl, Kolste, Krug, Kuglitsch, Kulp, Kurtz, Loudenbeck, Macco, Magnafici, Meyers, Milroy, Murphy, Mursau, Myers, Neubauer, Neylon, Novak, Nygren, Ohnstad, Oldenburg, Ott, Petersen, Petryk, Plumer, Pope, Pronschinske, Quinn, Ramthun, Riemer, Rodriguez, Rohrkaste, Sanfelippo, Sargent, Schraa, Shankland, Sinicki, Skowronski, Snyder, Sortwell, Spiros, Spreitzer, Stafsholt, Steffen, Steineke, Stubbs, Subeck, Summerfield, Swearingen, Tauchen, C. Taylor, Thiesfeldt, Tranel, Tusler, VanderMeer, Vining, Vorpagel, Vruwink, Wichgers, Wittke, Zamarripa, Zimmerman and Speaker Vos - 94.
Noes - None.
Absent or not voting - Representatives Allen, Horlacher, Stuck and Tittl - 4.
Motion carried.
hist97579Representatives Subeck and Emerson asked unanimous consent to be added as coauthors of Assembly Joint Resolution 6. Granted. Representative Steineke asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 6 be immediately messaged to the Senate. Granted.
Assembly Joint Resolution 5
Relating to: proclaiming February 2019 as Black History Month.
hist97559Representative Steineke asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 5 be withdrawn from the committee on Rules and taken up at this time. Representative Crowley objected.
Representative Steineke moved that the rules be suspended and that Assembly Joint Resolution 5 be withdrawn from the committee on Rules and taken up at this time.
The question was: Shall Assembly Joint Resolution 5 be withdrawn from the committee on Rules and taken up at this time?
The roll was taken.
The result follows:
Ayes - Representatives August, Ballweg, Born, Brandtjen, Brooks, Dittrich, Duchow, Edming, Felzkowski, Gundrum, Hutton, Jagler, James, Katsma, Kerkman, Kitchens, Knodl, Krug, Kuglitsch, Kulp, Kurtz, Loudenbeck, Macco, Magnafici, Murphy, Mursau, Neylon, Novak, Nygren, Oldenburg, Ott, Petersen, Petryk, Plumer, Pronschinske, Quinn, Ramthun, Rodriguez, Rohrkaste, Sanfelippo, Schraa, Skowronski, Snyder, Sortwell, Spiros, Stafsholt, Steffen, Steineke, Summerfield, Swearingen, Tauchen, Thiesfeldt, Tranel, Tusler, VanderMeer, Vorpagel, Wichgers, Wittke, Zimmerman and Speaker Vos - 60.
Noes - Representatives Anderson, Billings, Bowen, Brostoff, Cabrera, Considine, Crowley, Doyle, Emerson, Fields, Goyke, Gruszynski, Haywood, Hebl, Hesselbein, Hintz, Kolste, Meyers, Milroy, Myers, Neubauer, Ohnstad, Pope, Riemer, Sargent, Shankland, Sinicki, Spreitzer, Stubbs, Subeck, C. Taylor, Vining, Vruwink and Zamarripa - 34.
Absent or not voting - Representatives Allen, Horlacher, Stuck and Tittl - 4.
Motion failed.
Speaker Pro Tempore August in the chair.
Relating to: increasing the maximum deduction under the individual income tax sliding scale standard deduction.
hist97561The question was: Shall Assembly Amendment 1 to Assembly Bill 4 be adopted? Motion carried.
hist97562The question was: Shall Assembly Bill 4 be ordered engrossed and read a third time? Motion carried.
hist97563Representative Steineke asked unanimous consent that the rules be suspended and that Assembly Bill 4 be given a third reading. Granted. Representative Tittl asked unanimous consent that his leave of absence be lifted. Granted.
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Speaker Pro Tempore August asked unanimous consent that the Assembly stand informal. Granted.
The Assembly stood informal.
3:01 P.M.
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Informal
3:15 P.M.
The Assembly reconvened.
Speaker Vos in the chair.
Speaker Pro Tempore August in the chair.
hist97565The question was: Assembly Bill 4 having been read three times, shall the bill be passed? The roll was taken.
The result follows:
Ayes - Representatives August, Ballweg, Born, Brandtjen, Brooks, Dittrich, Duchow, Edming, Felzkowski, Gundrum, Hutton, Jagler, James, Katsma, Kerkman, Kitchens, Knodl, Krug, Kuglitsch, Kulp, Kurtz, Loudenbeck, Macco, Magnafici, Murphy, Mursau, Neylon, Novak, Nygren, Oldenburg, Ott, Petersen, Petryk, Plumer, Pronschinske, Quinn, Ramthun, Rodriguez, Rohrkaste, Sanfelippo, Schraa, Skowronski, Snyder, Sortwell, Spiros, Stafsholt, Steffen, Steineke, Summerfield, Swearingen, Tauchen, Thiesfeldt, Tittl, Tranel, Tusler, VanderMeer, Vorpagel, Wichgers, Wittke, Zimmerman and Speaker Vos - 61.
Noes - Representatives Anderson, Billings, Bowen, Brostoff, Cabrera, Considine, Crowley, Doyle, Emerson, Fields, Goyke, Gruszynski, Haywood, Hebl, Hesselbein, Hintz, Kolste, Meyers, Milroy, Myers, Neubauer, Pope, Riemer, Sargent, Shankland, Sinicki, Spreitzer, Stubbs, Subeck, C. Taylor, Vining, Vruwink and Zamarripa - 33.
Paired for - Representative Allen - 1.
Paired against - Representative Ohnstad - 1.
Absent or not voting - Representatives Horlacher and Stuck - 2.
Motion carried.
hist97566Representative Steineke asked unanimous consent that the rules be suspended and that Assembly Bill 4 be immediately messaged to the Senate. Granted. Representative Crowley introduced a privileged resolution.
