The chair [Rep. Kedrowski, speaker pro tem] ruled the point of order well taken.
Assembly Journal of January 23, 1980 .......... Page: 1888
Point of order:
Representative Rutkowski rose to the point of order that assembly amendment 4 to senate substitute amendment 1 to Assembly Bill 749 [relating to revising conditions of bail] was not germane under Assembly Rule 54 (3) (a) [one individual proposition amending another] because it included probation and parole.
The speaker [Jackamonis] ruled the point of order well taken.
Assembly Journal of January 23, 1980 .......... Page: 1890
Point of order:
Representative McClain rose to the point of order that assembly amendment 11 to senate substitute amendment 1 to Assembly Bill 749 was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] A.Amdt.11 proposed an additional penalty for bail violators equal to one-half the maximum penalty for the crime.
285 The speaker [Jackamonis] ruled the point of order well taken.
Assembly Journal of May 1, 1979 .......... Page: 475
Point of order:
Representative Ferrall rose to the point of order that assembly amendment 2 to Assembly Bill 205 [relating to a minimum tax on tax preference items] was not germane under Assembly Rule 54.
[Note:] The amendment added a new provision, making the full amount of any capital gains tax paid deductible from Wisconsin taxable income.
The speaker [Jackamonis] ruled the point of order well taken.
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Senate Journal of June 21, 1979 .......... Page: 552
[Point of order:]
Senator Theno raised the point of order that senate amendment 1 [to Assembly Bill 31, relating to designating the 3rd week in September as "Wonderful Wisconsin Week" and directing the governor to issue a suitable proclamation] was not germane.
[Note:] S.Amdt.1 proposed yet another holiday proclamation, making March Marvellous Milwaukee Month to "call attention to the waning of winter and the promise of spring".
The chair [Pres. Risser] ruled that senate amendment 1 was not germane.
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Assembly Journal of March 9, 1978 .......... Page: 3547
Point of order:
Representative DeLong rose to the point of order that assembly amendment 13 to assembly substitute amendment 1 to Assembly Bill 656 was not germane under Assembly Rule 50 (3) (f) because it relates to a six months probationary period, military service credits and the variable annuity.
The speaker [Jackamonis] ruled the point of order well taken because assembly amendment 13 to assembly substitute amendment 1 to Assembly Bill 656 was one independent proposition amending another independent proposition, was not necessary to implement merger of the retirement systems and substantially expanded the scope of the bill.
Assembly Journal of June 3, 1977 .......... Page: 1284
Point of order:
Representative Wahner rose to the point of order that assembly amendment 125 [new crime: child pornography] to Senate Bill 77 [budget bill] was not germane under Assembly Rule 50.
286 The speaker [Jackamonis] ruled the point of order well taken.
Representative Shabaz appealed the ruling of the chair. Representative Olson asked unanimous consent that all members of the assembly be made co-authors of assembly amendment 125 to Senate Bill 77.
Representative Bear objected. [Representatives Dorff, Menos, Duren and Ward] asked unanimous consent to be made a co-author of assembly amendment 125 to Senate Bill 77. Granted.
Representative Olson asked unanimous consent that assembly amendment 125 to Senate Bill 77 be withdrawn and returned to the authors. Granted.
Representative Wahner asked unanimous consent to withdraw his point of order. Granted.
Germaneness: issue already decided (substantial similarity)
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Assembly Journal of March 17, 1992 .......... Page: 977
Point of order:
Representative Black rose to the point of order that assembly amendment 35 to Senate Bill 281 [relating to the preparation and adoption of a model livestock exclusion ordinance, the management of priority watersheds, issuance of orders related to nonpoint source pollution, establishing performance standards for drainage districts and the organization and management of drainage districts, construction site erosion control, creating a vehicle title and title transfer fee and highway salt tax to finance nonpoint source pollution abatement, granting bonding authority, granting rule-making authority, providing an exemption from rule-making procedures, providing penalties and making appropriations] was not germane under Assembly Rule 54 (3) (f). The chair took the point of order under advisement.
Assembly Journal of March 17, 1992 .......... Page: 981
Ruling of the chair:
The chair [Rep. Clarenbach, speaker pro tem] ruled well taken the point of order raised by Representative Black that assembly amendment 35 to Senate Bill 281 was not germane.
287 [Note:] The bill was limited to issues related to nonpoint source pollution.
A.Amdt-35 expanded the scope of the bill by prohibiting liens against farmland for farmland preservation tax credits if, at cancellation of the preservation agreement, all requirements relating to the agreement had been satisfied by the owner.
A.Amdt-44 proposed to modify a change in the proposal made by senate amendment 11, as affected by the assembly's adoption of A.Amdt-2 to the senate amendment. The assembly rule prohibiting negating another amendment is limited to assembly amendments. On the other hand, because A.Amdt-44 was substantially similar to A.Amdt-2 already acted upon by the assembly, the further consideration of A.Amdt-44 was nongermane under A.Rule 54 (3) (c).
A.Amdt-45 expanded the scope of the proposal by vesting, in the departments of agriculture and of natural resources, a joint rule-making power
to establish statewide standards for erosion control at construction sites for public buildings and for places of employment.
Assembly Journal of March 17, 1992 .......... Page: 983
Point of order:
Representative Deininger rose to the point of order that assembly amendment 44 to Senate Bill 281 was not germane under Assembly Rule 54 (3) (e).
Representative Welch rose to the point of order that assembly amendment 44 to Senate Bill 281 was not germane under Assembly Rule 54 (3) (c).
The chair ruled the point of order raised by Representative Deininger not well taken.
The chair ruled the point of order raised by Representative Welch well taken because assembly amendment 44 is substantially similar to assembly amendment 2 that was previously adopted.
Point of order:
Representative Gruszynski rose to the point of order that assembly amendment 45 to Senate Bill 281 was not germane under Assembly Rule 54 (3) (f).
The chair ruled the point of order well taken.
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Assembly Journal of May 15, 1990 .......... Page: 1063
Point of order:
Representative Kunicki rose to the point of order that assembly amendment 16 to assembly substitute amendment 2 to Assembly Bill 25, Oct. 1989 Spec. Sess. [relating to division of clean water fund powers and duties, responsibilities for investment of the clean water fund, authorizing levels of funding for the issuance of clean water fund bonds, changes to municipal finance law, making appropriations and granting rule-making authority] was not germane under Assembly Rule 54 (3) (c). The chair took the point of order under advisement.
288 [Note:] Under A.Rule 54 (3) (c), an amendment is not germane when it is "substantially" similar to an amendment already acted upon. How much 2 amendments have to be alike to achieve substantial similarity is a judgment call.
Both A.Amdt-16 (here challenged) and A.Amdt-14 (tabled 50 to 49; A.Jour., p. 1062), appeared to propose a municipal clean drinking water loan program. Both were 10-page amendments and, except for 5 extra lines on page 2 of A.Amdt-16, were identical.
The 5 lines created a substantial difference. A.Sub-2 already provided for municipal clean drinking water radium grants, and A.Amdt-14 had proposed the loan program in addition to the grant program. The 5 extra lines in A.Amdt-16 assured that the proposed loan program would replace the grant program.
The difference did not make the amendment any more acceptable to the assembly. A.Amdt-16 was tabled 55 to 44.
Ruling of the chair:
The chair [Rep. Clarenbach, speaker pro tem] ruled not well taken the point of order raised by Representative Kunicki that assembly amendment 16 to assembly substitute amendment 2 to Assembly Bill 25, Oct. 1989 Spec. Sess. was not germane.
Assembly Journal of March 20, 1990 .......... Page: 921
Representative Welch asked for the following division of assembly amendment 22 to Senate Bill 300 [relating to disposal and recycling of solid waste, granting rule-making authority, providing a penalty and making appropriations]:
Part 1: Page 9, line 27 thru Page 10, line 7 and Page 16, lines 4 thru 6.
Part 2: Remainder of amendment.
The chair [Rep. Clarenbach, speaker pro tem] ruled the request for division unacceptable.
[Note:] A.Rule 80 (2) appears to give the presiding officer exclusive control over questions of division: "If it is the opinion of the chair that the proposed division of a simple amendment is unduly complex or the purpose of the division can be more clearly or simply accomplished by amendment, or that a call for a division is being used as a substitute for a series of amendments, the question shall not be divided."
In this instance, Div-1 was the same as A.Amdt-5 to SB 300, and successive motions to table or to adopt A.Amdt-5 had failed on tie votes, 48 to 48. Using division as a means to reopen debate on A.Amdt-5 would have been dilatory.
On the other hand, A.Amdt-22 was a 16-page multi-issue amendment. Even though one or more of the issues contained in A.Amdt-22 might have been discussed earlier, their combined effect on the bill distinguished the multi-issue amendment from single-issue A.Amdt-5. Only an amendment "substantially similar to an amendment already acted upon" is by A.Rule 54 (3) (c) declared not germane.
Point of order:
Representative Welch rose to the point of order that assembly amendment 22 to Senate Bill 300 was not germane under Assembly Rule 54 (3) (c).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Assembly Journal of October 25, 1989 .......... Page: 394
Point of order:
289 Representative Calvin Potter rose to the point of order that assembly amendment 3 to Assembly Bill 506 [relating to providing remedial reading services to pupils] was not germane under Assembly Rule 54 (3) (c) [amendment substantially like amendment acted upon earlier].
[Note:] The bill provided remedial reading services for pupils in grades K to 4 who failed to score "above" the state's minimum performance standard. A.Amdt-2 moved that requirement into an earlier part of the bill.
Amendment 1 to A.Amdt-2 changed the passing mark, in the new language inserted by A.Amdt-2, to "at or above". Rejection of Amendment 1 failed 47 to 51 and it was tabled; A.Amdt-2 was then rejected 62 to 37.
A.Amdt-3 then proposed to insert "at or above" into the language already contained in the bill. Although the change had been discussed with Amendment 1 to A.Amdt-2, the issue had not been decided when the amendment to A.Amdt-2 was tabled.
As explained in A.Rule 49, the rule against considering the same issue again applies to "a proposal, or an amendment as it affects a proposal". Even if the issue raised by Amendment 1 to A.Amdt-2 had been decided, it had not been decided for any subsequent 2nd degree amendment to a later amendment to the proposal, or for an amendment to the proposal itself.
The speaker [Loftus] ruled the point of order not well taken.
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Senate Journal of March 22, 1990 .......... Page: 923
[Point of order:]
Senator Adelman raised the point of order that senate amendment 12 is not germane to Assembly Bill 611 [relating to revision of the lobbying regulation law and code of ethics for state public officials and employes, requests for increased appropriations to state agencies, granting rule-making authority and providing a penalty].
The Chair [President Risser] ruled the point well taken.
290 [Note:] Sen. Amdt. 12 was identical to 1989 SB 184 (relating to discontinuance of interim allowances to members of the legislature for postage and clerical assistance), which was waiting for action in the senate committee on Housing, Government Operations and Cultural Affairs. Aside from introducing an unrelated subject into the lobby law and ethics code revision bill, the amendment was out of order because an amendment "identical with a proposal currently before the senate is not germane"; S.Rule 50 (6).
Sen. Amdt. 14 (below) outlawed campaign committee fund raisers in Dane county, except for a candidate after June 1 in the election year or for Dane county legislators. The bill revised the lobby law; not, the campaign finance law.
Sen. Amdt. 17, creating a code of ethics for certain local public officials, was held germane to the bill's revision of the ethics code for state public officials and employes. Though adopted by the senate, Sen. Amdt. 17 failed when the assembly nonconcurred and the senate receded.
Sen. Amdt. 19, by proposing to create a new crime of bribery involving a state or local public official, would have expanded the scope of the proposal.
There may also have been some confusion concerning the eligibility of Sen. Amdt. 19 (Berndt), which was identical to Sen. Amdt. 2 (Davis). An identical amendment to one previously rejected to the same bill is not germane; S.Rule 50 (6). However, Sen. Amdt. 2 had merely been placed "after" Sen. Amdt. 18 and remained laid aside (but not, rejected), when Sen. Amdt. 19 was offered and taken up.
[Point of order:]
Senator Adelman raised the point of order that senate amendment 14 is not germane to Assembly Bill 611. The Chair ruled the point well taken. ( Senator Adelman raised the point of order that senate amendment 17 is not germane to Assembly Bill 611. The Chair ruled the point not well taken. ( Senator Adelman raised the point of order that senate amendment 19 was not germane to Assembly Bill 611. The Chair ruled the point well taken.
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Assembly Journal of March 17, 1988 .......... Page: 900
Point of order:
Representative Thompson rose to the point of order that assembly amendment 7 to assembly amendment 76 to assembly substitute amendment 1 to Assembly Bill 850 [relating to state finances and appropriations, constituting the 1988 annual budget bill, and making appropriations] was not germane under Assembly Rule 54 (3) (c) [issue already decided] because it was substantially similar to assembly amendment 6 to assembly amendment 76 to assembly substitute amendment 1 to Assembly Bill 850. ( The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken because the tabling of assembly amendment 6 to assembly amendment 76 to assembly substitute amendment 1 to Assembly Bill 850 did not constitute "already acting upon".
Assembly Journal of March 3, 1988 .......... Page: 782
Point of order:
Representative Hauke rose to the point of order that assembly amendment 7 to assembly substitute amendment 4 to Senate Bill 235 [relating to providing family leave and medical leave to employes in this state and providing a penalty] was not germane under Assembly Rule 54 (3) (c) [issue already decided].
[Note:] The amendment was similar to A.Amdt.5 to A.SubAmdt.4, which had been rejected ayes-54, noes-42.
