Senate Journal of October 26, 1993 .......... Page: 529
Ruling of the chair:
Earlier today the Senator from the 26th raised the point of order that Senate substitute amendment 1 to Senate Bill 358 [relating to limitations of actions regarding professional accounting services] was not germane.
The Senator from the 26th raised the point that the bill is a limitation and the substitute is a statute of repose.
The bill as originally presented placed a 2 year limitation from the date the party bringing an action discovers or should have reasonably discovered an act or omission, or a total 5 year limitation on bringing an action from the date of the occurrence of the act or omission.
Senate substitute amendment 1 would place a 6 year limitation on when an action may be commenced from the date of the act or omission.
Both the bill and the substitute amendment relate to limiting the time to when an action may be brought, both contain the statute of repose concept or use the date of occurrence to determine the limit.
The substitute does in fact limit the scope by eliminating reference to a limitation based on a period of time from when the fault is discovered. Senate Rule 50 (7) allows for limiting the scope. Therefore, it is the opinion of the Chair that the substitute amendment is germane and the point of order is not well taken.
Brian D. Rude
President of the Senate
Senate Journal of January 26, 1993 .......... Page: 41
[Point of order:]
Senator Adelman raised the point of order that the amendment [Senate amendment 1 to Senate Bill 1, "relating to deleting the advisory referenda questions on gambling from the April 6, 1993, spring election ballot"] was not germane.
304 [Note:] By Section 9m of 1991 WisAct 321, the 1991 legislature had placed 5 advisory referenda concerning gambling on the 1993 spring election ballot. Of these, the first 3 concerned forms of gambling not permitted by law: 1) riverboat gambling; 2) casino gambling; and 3) video poker and other forms of video gambling. The remaining 2 asked the voters whether they favored continuing two of the forms of gambling specifically authorized by the constitution: 4) pari-mutuel on-track betting on races; and 5) continuing to allow the state-operated lottery. Senate Bill 1 proposed to remove all 5 questions from the ballot.
At the same time, the 1991 legislature gave first consideration approval to a constitutional amendment strictly defining the types of gambling permitted as part of the state lottery. The 1993 legislature agreed on 2nd consideration (Enrolled Joint Resolution 3), placing the constitutional amendment also on the April 1993 spring election ballot.
Senate amendment 1 to 1993 Senate Bill 1 did not propose to amend any of the 5 questions to be repealed. Rather, senate amendment 1 limited the scope of the proposal by removing only the first 3 questions (gambling expansion) from the ballot, and retaining the last 2 (continuation of gambling authorized by the constitution).
An amendment limiting the scope of the proposal from a 5-item repeal to a 3-item repeal was arguably germane under S.Rule 50 (7).
The Chair [President Risser] ruled the point not well taken.
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Assembly Journal of May 21, 1987 .......... Page: 188
Point of order:
Representative Merkt rose to the point of order that assembly amendment 1 to Senate Bill 166 [relating to establishing a speed limit of 65 miles per hour for rural interstate highways] was not germane under Assembly Rule 54.
[Note:] The bill increased the speed limit from 55 mph tp 65 mph.
A.Amdt.1, by adding provisions retaining the speed limit at 55 mph for certain trucks, reduced the number of vehicles permitted to drive at the higher speed, thereby limiting the scope of the proposal.
The speaker [Loftus] ruled the amendment germane under Assembly Rule 54 (4) (c) and the point of order not well taken.
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Senate Journal of March 22, 1988 .......... Page: 748
[Point of order:]
Senator Risser raised the point of order that senate substitute amendment 1 [to Senate Bill 351, relating to emergency detention, involuntary civil commitment, guardianship, protective services, transfer and discharge of involuntarily committed persons, recommitment evaluations, incompetency to refuse medication, emergency protective placement, training in emergency detention and emergency protective placement procedures for law enforcement officers, a presumption of good faith of individuals initiating emergency detentions, codifying a standard of performance for guardians of the person, requiring health insurance coverage of services provided under a court order, requiring the department of health and social services to study the implementation of crisis intervention services, other mental health requirements and granting rule-making authority] is not germane.
Senator Engeleiter asked unanimous consent that senate substitute amendment 1 be returned to the author. Senator Risser objected. The chair took the point of order under advisement.
Senate Journal of March 23, 1988 .......... Page: 775
Ruling of the chair:
On Tuesday, March 22, 1988, the Senator from the 26th, Senator Risser raised the point of order that senate substitute amendment 1 to Senate Bill 351 was not germane. The chair took the point of order under advisement.
305 Senate Bill 351 is a comprehensive bill relating to mental health commitment standards and processes, and alternatives thereto. The bill sets standards for commitment, amends current law relating to guardianship and court-ordered protective services, emergency detention, training in emergency procedures, crisis intervention services and coverage of court-ordered services under medical plans.
Senate substitute amendment 1 relates solely to commitment and emergency detention of persons based on specific circumstances. The substitute amendment eliminates many of the provisions of the original bill.
Senate Rule 50 (7) reads as follows: "A substitute or amendment relating to a specific subject or to a general class is not germane to a bill relating to a different specific subject, but an amendment limiting the scope of the proposal is germane."
Mason's Manual Section 402 (4) reads as follows: An entirely new proposal may be substituted by amendment so long as it is germane to the main purpose of the original proposal.
It is the opinion of the Chair that the main purpose of the original bill was to set standards for commitment. Therefore, in accordance with Senate Rule 50 (7) and Mason's Manual Section 402 (4), the amendment is germane, and the point of order is not well taken.
Senator Fred A. Risser
President of the Senate
Senate Journal of March 10, 1988 .......... Page: 692
[Point of order:]
Senator Davis raised the point of order that senate substitute amendment 2 [to Senate Bill 317, relating to representation of annuitants in the Wisconsin retirement system on the retirement research committee, employe trust funds board and the state investment board] is not germane.
[Note:] SB 317 had a number of purposes, including election of retirement board members representing certain employe groups and repeal of a statute prohibiting certain types of employment by public members.
S.SubAmdt.2 contained most of the provisions of the bill, but did not contain the 2 purposes described. An amendment or substitute that narrows the scope of a proposal is germane.
The Chair [President Risser] ruled the point of order not well taken.
Senate Journal of May 12, 1987 .......... Page: 173
[Point of order:]
Senator Roshell raised the point of order that senate amendment 7 to senate substitute amendment 1 [to Senate Bill 166, relating to establishing a speed limit of 65 miles per hour for rural interstate highways] was not germane.
The chair [Sen. Helbach] ruled the point of order not well taken.
306 [Note:] S.Amdt.7 to S.SubAmdt.1 provided a "June 1, 1987" delayed effective date. Amendments providing "limitations on the effective date" are germane; S.Rule 50 (9).
S.Amdt.13 to S.Sub.1 incorporated into the bill a requirement to operate motor vehicles only when driver and passengers are wearing seat belts. S.Amdt.1 to S.Amdt.13 to S.SubAmdt.1 restricted the seat belt requirement to the rural interstate highways where the higher speed limit would apply.
Senate Journal of May 12, 1987 .......... Page: 175
[Point of order:]
Senator Te Winkle raised the point of order that senate amendment 1 to senate amendment 13 to senate substitute amendment 1 was not germane.
The chair ruled the point of order not well taken.
Senator Ellis appealed the ruling of the chair. The question was: Shall the decision of the chair stand as the judgment of the senate? The ayes and noes were required and the vote was: [Display of roll call vote omitted; ayes-19, noes-14.] So the decision of the chair shall stand as the judgment of the senate.
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Assembly Journal of February 20, 1986 .......... Page: 730
Point of order:
Representative Welch rose to the point of order that assembly amendment 1 to assembly substitute amendment 1 to Senate Bill 285 [relating to revising the statutes governing the pharmacy examining board, granting rule-making authority and providing penalties] was not germane under Assembly Rule 54 (3)(f) [expansion of scope].
[Note:] As part of a general revision of the pharmacy laws, A.Sub.1 contained a provision prohibiting the sale of contraceptives from coin vending machines.
A.Amdt.1 restricted the prohibition to prohibit only contraceptive coin vending machines accessible to minors.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
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Senate Journal of March 19, 1986 .......... Page: 740
[Point of order:]
Senator Feingold raised the point of order that senate amendment 3 [to Assembly Bill 729, relating to purchase of client care and services by the department of health and social services and county departments that provide social and mental health services and granting rule-making authority] was not germane. The chair took the point of order under advisement.
Senate Journal of March 26, 1986 .......... Page: 800
Ruling of the chair:
On Wednesday, March 19, 1986, the senator from the 27th, Senator Feingold, raised the point of order that senate amendment 3 to Assembly Bill 729 was not germane. The Chair took the point of order under advisement.
307 The Chair has examined the amendment and finds that it provides an exemption for certain organizations from including in their contract to provide services a non-discrimination clause relating to sexual orientation. The amendment has the effect of limiting the scope of certain provisions of the proposal.
Therefore, in accordance with Senate Rule 50, it is the opinion of the Chair [Pres. Risser] that the amendment is germane, and the point of order raised by the senator from the 27th is not well taken.
Senate Journal of March 13, 1986 .......... Page: 703
[Point of order:]
Senator Chilsen raised the point of order that senate amendment 1 [to Assembly Bill 350, relating to the form of notification provided to individuals filing statements of economic interests of inspections of their statements] was not germane.
[Note:] The bill broadened the identification requirements for persons (individuals or agents acting on behalf of individuals or corporations) seeking to obtain information from a statement of economic interest filed with the state ethics board. When a statement has been inspected, the law requires the ethics board to notify the filer of that statement.
S.Amdt.1 proposed to repeal the notification requirement, but retained the broadened identification instructions.
The chair [Pres. Risser] ruled the point of order not well taken.
Senate Journal of October 3, 1985 .......... Page: 373
[Point of order:]
Senator Davis raised the point of order that senate amendment 3 [to Senate Bill 217, relating to mobile home parks] was not germane.
[Note:] The bill was limited to prohibiting certain mobile home park lease practices based on the age of the mobile home.
S.Amdt.3 dealt with the related issue of termination of leases.
The chair [Pres. Risser] ruled the point of order not well taken.
Senate Journal of September 24, 1985 .......... Page: 359
[Point of order:]
Senator Adelman raised the point of order that senate amendment 3 [to Senate Joint Resolution 47, relating to memorializing Congress to retain the individual income tax deduction for state and local taxes] was not germane.
308 [Note:] The original joint resolution was solely a memorial to congress, petitioning for the retention of federal income tax deductibility for state and local taxes paid.
S.Amdt.3 petitioned the U.S. congress to consider a specific method of abolishing the income tax deduction (a 5-year phase-out). ( The chair [Pres. Risser] ruled the point of order not well taken.
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Assembly Journal of October 20, 1983 .......... Page: 481
Point of order:
Representative D. Travis rose to the point of order that assembly amendment 4 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 (1).
[Note:] It is generally held that an amendment "limiting the scope of the proposal" is germane [see A.Rule 54 (4) (c)], but it is also true that an amendment is not germane if it "would totally alter the nature of the proposal" [A.Rule 54 (1)]. The scope and nature of a proposal must determine which rule governs in the specific case. Assembly Bill 260 of 1983 was not only a bill to change the legal drinking age, but also a bill dealing with identification card violations and with an early morning driving curfew for persons under 18 years of age.
If the several subjects are so closely related to the drinking age question that the inclusion of other similar subjects or the deletion of any of the existing subjects - other than the nucleus subject of raising the drinking age - will not totally alter the nature of the proposal, then amendments to include [A.Rule 54 (4) (e)] or delete [A.Rule 54 (4) (c)] such subjects will be germane.
On the other hand, if the peripheral subjects are only vaguely related to the core subject of raising the drinking age, then any amendment to delete one of those subjects might "totally alter the nature of the proposal" [A.Rule 54 (1)] and therefore be not germane.
The chair [Speaker Loftus] ruled the point of order not well taken.
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Senate Journal of October 11, 1983 .......... Page: 403
[Point of order:]
Senator Strohl raised the point of order that senate amendment 2 [to Assembly Bill 93, relating to requiring public schools to instruct pupils on the relationship between highway safety and the use of drugs] was not germane.
