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Senate Journal of March 11, 1986 .......... Page: 685
[Point of order:]
Senator Czarnezki raised the point of order that senate amendment 2 [to Assembly Bill 303, relating to technical and minor policy changes in respect to the income and franchise taxes] was not germane. The chair took the point of order under advisement.
Senate Journal of March 18, 1986 .......... Page: 716
Ruling of the chair:
On March 11, 1986, the Senator from the 8th, Senator Czarnezki, raised the point of order that senate amendment 2 to Assembly Bill 303 [relating to technical and minor policy changes in respect to the income and franchise taxes] was not germane in that it was identical to Senate Bill 455. The chair took the point of order under advisement.
It is unusual that two similar points of order relating to the introduction of amendments which are identical to bills currently pending in the Senate be raised. A close reading of senate amendment 2 reveals that the content of senate amendment 2 is identical to that of Senate Bill 455.
Senate Rule 50(6) reads in part: "An identical amendment or an amendment identical in effect to one previously rejected as another amendment to the same bill or identical with a proposal currently before the Senate is not germane."
There is no doubt that senate amendment 2 is identical to Senate Bill 455. Therefore, it is the opinion of the chair [Pres. Risser] that senate amendment 2 to Assembly Bill 303 is not germane and the point of order raised by the Senator from the 8th is well taken.
Senate Journal of March 11, 1986 .......... Page: 682
[Point of order:]
Senator Davis raised the point of order that senate amendment 1 to assembly amendment 23 [to Senate Bill 120, relating to campaign financing, providing a penalty and making an appropriation] was not germane.
292 The chair [Pres. Risser] ruled the point of order not well taken.
Senate Journal of March 13, 1986 .......... Page: 696
Ruling of the chair [Pres. Risser]:
The Senator from the 11th, Senator Davis, raised a point of order that senate amendment 1 to assembly amendment 23 to Senate Bill 120 [relating to campaign financing, providing a penalty and making an appropriation] was not germane as it was incorporating the language of Senate Bill 36 as an amendment. The Chair ruled the point of order not well taken. By unanimous consent the Senator from the 11th asked that the ruling be printed in the Journal. The Chair has taken the liberty to formalize the ruling by doing further research.
Senate amendment 1 in the first paragraph deletes a substantial amount of material from the original proposal which is not done in Senate Bill 36. In addition, on page 2 of the amendment, the amendment makes changes to section 11.26(12m) of the Statutes. No where in Senate Bill 36 is that section of the statutes affected.
On April 6, 1984, the Chair ruled on a similar point of order raised by the Senator from the 15th. It may be found on page 873, Journal of the Senate, April 6, 1984. It reads in part "It appears to the Chair that the Senator from the 29th, Senator Chilsen, is attempting to bring forth the same language as Senate Bill 114 and senate substitute amendment 1 by adding some new material to the amendment that is already current law. The Chair has serious questions about this practice; however, when the question of germaneness is close, Mason's Manual Section 401(5) states in part: "The Presiding Officer should never rule an amendment out of order unless he is certain that it is." In this case the Chair ruled the point of order not well taken and permitted the amendment to be debated. ( The Chair based the ruling of germaneness of senate amendment 1 to assembly amendment 23 to Senate Bill 120 on this ruling, and therefore ruled the point of order not well taken.
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Assembly Journal of October 20, 1983 .......... Page: 486
Point of order:
Representative Radtke rose to the point of order that assembly amendment 21 to assembly substitute amendment 1 to Assembly Bill 260 [relating to official identification cards, changing the legal drinking age, establishing a curfew and creating and changing penalties] was not germane under Assembly Rule 54 (3) (c) because it was substantially similar to assembly substitute amendment 2 to Assembly Bill 260.
The speaker [Loftus] ruled the point of order not well taken.
Assembly Journal of October 19, 1983 .......... Page: 469
Point of order:
Representative Plous rose to the point of order that assembly amendment 27 to assembly substitute amendment 1 to Assembly Bill 200 [relating to establishing a system of marital property shared by husband and wife and providing penalties] was not germane under Assembly Rule 54 (3) (c) [issue already decided].
Representative Plous withdrew her point of order.
The question was: Shall assembly amendment 27 to assembly substitute amendment 1 to Assembly Bill 200 be adopted? [Display of roll call vote omitted; ayes-50, noes-47.] Motion carried.
293Assembly Journal of October 18, 1983 .......... Page: 439
Point of order:
Representative Plewa rose to the point of order that assembly amendment 1 to senate substitute amendment 1 to Assembly Bill 26 [relating to liability for nonmoving traffic violations with rented or leased vehicles] was not germane under Assembly Rule 54 (3) (c) because it was substantially similar to assembly substitute amendment 3 to Assembly Bill 26 which was previously considered by the assembly.
[Note:] This was a misapplication of A.Rule 54 (3) (c) [issue already decided]. The assembly had adopted A.Sub.3, A.Jour. 5/24/83, p. 226.
Once rejected, an "amendment as it affects a proposal" stays adversely disposed of for the biennial session; see A.Rule 49.
The substance of an assembly amendment to a senate amendment or substitute must be germane to the senate document, but A.Rule 54 (3) (c) does not prevent the assembly from adhering to its prior position on the issue.
The chair took the point of order under advisement.
Assembly Journal of October 18, 1983 .......... Page: 442
Representative Rogers asked unanimous consent that assembly amendment 1 to senate substitute amendment 1 to Assembly Bill 26 be withdrawn and returned to the author. Granted.
Assembly Journal of October 13, 1983 .......... Page: 420
Point of order:
Representative Johnson rose to the point of order that assembly amendment 10 to assembly substitute amendment 1 to Assembly Bill 434 [relating to day care services and funds, granting rule-making authority and making an appropriation] was not germane under Assembly Rule 54 (3) (c) because it was substantially similar to assembly amendment 2 to assembly substitute amendment 1 to Assembly Bill 434.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Point of order:
Representative Johnson rose to the point of order that assembly amendment 11 to assembly substitute amendment 1 to Assembly Bill 434 was not germane under Assembly Rule 54 (3) (c) because it was substantially similar to assembly amendment 2 to assembly substitute amendment 1 to Assembly Bill 434.
Representative T. Thompson asked unanimous consent that assembly amendment 11 to assembly substitute amendment 1 to Assembly Bill 434 be placed after assembly amendment 13 to assembly substitute amendment 1 to Assembly Bill 434. Granted.
Assembly Journal of October 13, 1983 .......... Page: 421
[Intervening text omitted.]
Representative T. Thompson cited as precedent for his position on the germaneness of assembly amendment 11 to assembly substitute amendment 1 to Assembly Bill 434 the ruling by Speaker Anderson on May 21, 1975 on assembly amendment 65 to assembly substitute amendment 1 to Assembly Bill 222.
294 [Note:] See 1975 Assembly Journal, page 929, where Speaker Anderson held that the purpose of the rule ...."is to prevent repeated unnecessary consideration of the same subject matter once a conscious determination has been made"....
When necessary to express the true will of the house, even a minor change might make an amendment sufficiently dissimilar to escape A.Rule 54 (3) (c).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order raised by Representative Johnson well taken and assembly amendment 11 to assembly substitute amendment 1 to Assembly Bill 434 not germane.
Assembly Journal of June 21, 1983 .......... Page: 274
Point of order:
Representative T. Thompson rose to the point of order that assembly amendment 1 to assembly amendment 4 to Senate Bill 83 [relating to state finances and appropriations, constituting the executive budget bill of the 1983 legislature, and making appropriations] was not properly before the assembly under Assembly Rule 54 (3) (c) because it was identical to assembly amendment 6 to assembly amendment 4 to Senate Bill 83.
The speaker [Loftus] ruled the point of order well taken.
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Senate Journal of April 4, 1984 .......... Page: 849
[Point of order:]
The question was: Adoption of senate substitute amendment 1 [to Senate Bill 256, relating to a revision of the obscenity law and the penalty for its violation]?
Senator Cullen raised the point of order that senate substitute amendment 1 was not germane.
By request of Senator Cullen, with unanimous consent, he withdrew his point of order.
By request of Senator Chilsen, with unanimous consent, senate substitute amendment 1 was returned to the author.
The question was: Adoption of senate substitute amendment 2?
Senate Journal of April 4, 1984 .......... Page: 850
[Point of order:]
Senator Cullen raised the point of order that senate substitute amendment 2 was not germane. The chair took the point of order under advisement.
Senate Journal of April 6, 1984 .......... Page: 873
Ruling of the chair [Pres. Risser]:
On Wednesday, April 4, 1984, the senator from the 15th, Senator Cullen, raised the point of order that senate substitute amendment 2 to Senate Bill 256 was not germane.
The senator from the 15th raised the point that senate substitute amendment 2 was identical in effect to Senate Bill 114 and senate substitute amendment 1.
295 Upon reading of the substitute, the entire first page and 18 lines of the 25 lines of material on the 2nd page are identical to Senate Bill 114 and senate substitute amendment 1. Lines 19 and 20 on page 2 set out a new prohibitive practice not identified in
senate substitute amendment 1 or Senate Bill 114; however, the practice is covered under current law. Lines 23 thru 25 on page 2 further define lines 10 and 11 on page 2.
It appears to the chair that the senator from the 29th, Senator Chilsen, is attempting to bring forth the same language as Senate Bill 114 and senate substitute amendment 1, by adding some new material to the amendment that is already current law. The chair has serious questions about this practice; however, when the question of germaneness is close, Mason's Manual Sec. 401 (5) states in part: "The Presiding officer should never rule an amendment out of order unless he is certain that it is."
Therefore, the chair is going to rule the point of order not well taken and the amendment is germane. [Intervening text omitted.]
[Point of order:]
Senate amendment 1 to senate substitute amendment 1 offered by Senator George. The question was: Adoption of senate amendment 1 to senate substitute amendment 1?
Senator Feingold raised the point of order that senate amendment 1 to senate substitute amendment 1 was not germane.
The chair took the point of order under advisement. [No ruling given?]
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Assembly Journal of October 13, 1981 .......... Page: 1207
Point of order:
Representative Loftus rose to the point of order that assembly amendment 11 to Assembly Joint Resolution 70 [memorializing Congress and the President to seek the dismissal of the Secretary of the Interior, James G. Watt] was not germane under Assembly Rule 54 (3) (c) because it was substantially similar to assembly amendment 6 to Assembly Joint Resolution 70 [which had been rejected 53 to 42, A.Jour. p. 1203].
The speaker [Jackamonis] ruled the point of order well taken.
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Senate Journal of October 23, 1981 .......... Page: 999
Point of order:
Senator Bablitch raised the point of order that senate amendment 4 [to Assembly Bill 616, relating to congressional districts] was not germane.
The chair [Pres. Risser] ruled that senate amendment 4 was identical to senate amendment 3 and therefore the point of order was well taken.
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Assembly Journal of March 14, 1980 .......... Page: 2795
Point of order:
Representative Barczak rose to the point of order that assembly amendment 21 to Assembly Bill 1228 [relating to industrial revenue bonds and projects] was
296 not germane under Assembly Rule 54 (3) (c) [issue already decided] because it was substantially similar to assembly amendment 9 to Assembly Bill 1228.
