Assembly Journal of May 7, 1981 .......... Page: 466
[Repeal of sunset:]
397 Representative Johnson rose to the point of order that assembly substitute amendment 1 to Assembly Bill 320 [relating to eliminating the expiration date for collective bargaining
impasse resolution procedures for local government employes other than law enforcement and fire fighting personnel] was not germane under Assembly Rule 54 (3) (d) 1 [amending a statute or session law when the purpose of the proposal is limited to repealing such law].
Representative Lee stated that the amendment was germane under Assembly Rule 54 (4) (f) [changing the effective date or reducing the scope of a repeal] and cited the ruling of the speaker on amendments to 1977 Senate Bill 294 on March 8, 1978. The speaker took the point of order under advisement.
[Note:] 1977 SB 294 was a one-line repealer bill concerning an exception; the effect of the repeal was to require administrative rule-making. In 1977, A.Amdt.1 (delayed effective date) was challenged and ruled valid; A.Amdt.2 (rule-making procedure) was ruled invalid because one of its provisions expanded the scope of the proposal; and A.Amdt.3 (particularized detail of rule-making in the area previously covered by the exception) was ruled valid.
1981 AB 320 repealed the 10/31/81 sunset of "mediation arbitration" and, thereby, made the procedure permanent. A.Sub.1 proposed to postpone the sunset to 10/31/85 - i.e.; rather than delaying the effective date for making the
procedure permanent, the substitute merely extended by 4 years the life expectancy of the temporary procedure.
The speaker took the point of order under advisement.
Assembly Journal of May 7, 1981 .......... Page: 469
The speaker [Jackamonis] ruled that assembly substitute amendment 1 to Assembly Bill 320 was not germane under Assembly Rule 54 (3) (d) 1.
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Senate Journal of June 25, 1981 .......... Page: 577
Point of order:
Senator Thompson raised the point of order that senate substitute amendment 1 [to Senate Bill 206, relating to removing restrictions on advertising venereal disease treatment services] was not germane.
[Note:] 1981 SB 206 was limited to repealing a statute (s.143.075) which prohibited advertising the availability of venereal disease treatment services. The statute contained a reference to abortions and miscarriages.
S.Sub.1 attempted to continue the advertising prohibition, removing the reference to "veneral disease treatment" but retaining a revised reference to "abortion or miscarriage".
The chair [Pres. Risser] stated that pursuant to Senate Rule 50 (5) an attempt by the substitute amendment to amend or repeal the bill is not germane. The chair ruled the point of order well taken.
Senate Journal of May 21, 1981 .......... Page: 453
Point of order:
398 Senator Bablitch raised the point of order that senate substitute amendment 1 [to Assembly Bill 320, relating to eliminating the expiration date for collective bargaining impasse resolution procedures for local government employes other than law enforcement and fire fighting personnel] was not germane.
Ruling of the chair [Pres. Risser]:
It is the chair's opinion that Senate Rule 50 (5) is the prevailing rule as pointed out by both Senator Bablitch and Senator Hanaway.
The rule in part states that an amendment amending a section repealed by the original proposal is not germane.
Senate substitute amendment 1 attempts to amend a section repealed by Assembly Bill 320. The substitute amendment is attempting to change the intent of the bill and is therefore not germane.
Therefore, the point of order is well taken.
[Note:] An identical substitute to 1981 AB 320 had already been ruled "not germane" in the assembly (A.Jour. 5/7/81, p. 466).
1981 AB 320 repealed the 10/31/81 sunset of "mediation arbitration" and, thereby, made the procedure permanent. A.Sub.1 proposed to postpone the sunset to 10/31/85 - rather than delaying the effective date for making the procedure permanent, the substitute merely extended by 4 years the life expectancy of the temporary procedure.
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Assembly Journal of March 4, 1980 .......... Page: 2444
Point of order:
Representative Loftus rose to the point of order that assembly amendment 3 to Assembly Bill 1098 [relating to the regulation of occupations and professions by the department of regulation and licensing] was not germane under Assembly Rule 54 (3) (d) 2.
[Note:] The 2nd subdivision of that rule prohibits "repealing a statute or session law when the purpose of the proposal is limited to amending such law".
1979 AB 1098 was a multi-issue bill, including a provision prohibiting examining board members from being "an officer, director or employe" of a private organization promoting the regulated group. The provision was proposed to be amended into the general statute and into the board of nursing statute.
A.Amdt.3 removed the new text from the proposed amendment of the general statute (another change remained) and removed the board of nursing statute from the bill (because this had been the only change).
The speaker [Jackamonis] ruled the point of order not well taken.
Senate Journal of April 22, 1975 .......... Page: 566
[Point of order:]
The question was: Adoption of senate substitute amendment 1 [to Senate Bill 220, relating to advertisement, display and sale of "indecent articles"]?
Senator Devitt raised the point of order that amendments may not be offered to bills that are repealers.
The chair [Lt.Gov. Schreiber] ruled that pursuant to senate rule 50 (5) the point of order was well taken.
Germaneness: same purpose accomplished in different manner (permitted)
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Assembly Journal of February 9, 1994 .......... Page: 617
Point of order:
Representative Wood rose to the point of order that assembly substitute amendment 3 to Assembly Bill 179 [relating to encouragement of gasohol usage, information concerning gasohol refueling facilities, storage of gasohol by the state, and use of gasohol in state-owned and state-leased vehicles] was not germane under Assembly Rule 54 (3) (f).
The chair took the point of order under advisement.
400 [Note:] The bill, and assembly substitute amendments 1, 2 and 3, were all offered by Rep. Lorge. Although the original bill was limited to gasohol, all 3 substitute amendments addressed the use of both gasohol and alternative fuels.
In the original bill, proposed statute 16.045 (4) already directed the department of administration to "require all state employes to utilize gasohol for the operation of all state-owned or state-leased motor vehicles whenever such utilization is feasible". In A.Sub-3, the definition of "gasohol" was expanded to require not only that the motor fuel contain 10% alcohol, but also that the department of natural resources find that such mixed motor fuel "would improve air quality as compared to the use of gasoline or petroleum-based diesel fuel".
It thus appears that the main purpose of Rep. Lorge's proposal was not the creation of a market for motor fuel use of alcohol created from agricultural commodities such as corn but, rather, the improvement of air quality by substituting available alternative motor fuels for gasoline or petroleum-based diesel fuel.
Consequently, the inclusion of 9 alternative fuels assumed to improve air quality was not a substantial expansion of the scope of the proposal [identified as nongermane by A.Rule 54 (3) (f)], but constituted an amendment to accomplish the "same purpose in a different manner", which is identified as a germane amendment by A.Rule 54 (4) (b).
Assembly Journal of February 22, 1994 .......... Page: 664
Ruling of the chair:
The chair (Speaker pro tempore Carpenter) ruled not well taken the point of order raised by Representative Wood on February 9, 1994 that assembly substitute amendment 3 to Assembly Bill 179 was not germane.
Assembly Journal of October 26, 1993 .......... Page: 453
Point of order:
Representative Linton rose to the point of order that assembly substitute amendment 1 to Assembly Bill 785 [relating to local regulation of play vehicles on roadways] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
The chair took the point of order under advisement.
[Note:] Play vehicles are defined by existing law as a "coaster, skate board, roller skates, sled, toboggan, unicycle or toy vehicle upon which a person may ride". State law prohibits the use of play vehicle upon any roadway.
Assembly Bill 785 did 2 things. It expanded the definition of play vehicles to include in-line skates, and it authorized municipalities and counties to designate certain roadways permitting the use of specified play vehicles.
Assembly substitute amendment 1 kept the 2nd point, but specifically excluded in-line skates from the play vehicle definition. Both the bill, and the substitute, proposed to regulate for the first time the use of in-line skates by state law, but the substitute recognized the different nature of in-line skates: a means of transportation and an item of sporting goods equipment.
Assembly substitute amendment 2 excluded in-line skates from the definition of play vehicles but authorized municipalities to restrict the use of in-line skates on roadways under their jurisdiction. The point of order was withdrawn and the bill, as shown by A.Sub-2, passed the assembly.
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Assembly Journal of March 6, 1990 .......... Page: 788
Point of order:
Representative Deininger rose to the point of order that assembly substitute amendment 1 to Assembly Bill 727 [relating to increasing the fees charged by registers of deeds and the secretary of state for performing certain services] was not germane under Assembly Rule 54 (3).
401 [Note:] The bill proposed a $2 per fee increase for certain real estate document registration, to fund a real estate records management system, responsible in each county to the county board.
A.Sub.Amdt-1 increased the same fees by $4 (plus another $2 two years later) but dedicated to proceeds in each county to land information modernization mandated in the state budget, to be coordinated by the state's land information board and department of administration.
The substitute, correctly reflecting its content, had an entirely new title: "relating to funding the land information board and land information modernization and making appropriations."
The difference between the 2 titles notwithstanding, the substitute was germane as accomplishing the same purpose (improved land records management) in a different manner; A.Rule 54 (4) (b).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Assembly Journal of May 23, 1989 .......... Page: 177
Point of order:
Representative Medinger rose to the point of order that assembly substitute amendment 1 to Assembly Bill 286 [relating to contributions to retailers by brewers and wholesalers of fermented malt beverages] was not germane under Assembly Rule 54. The speaker took the point of order under advisement.
[Note:] Existing law prohibited, with some exceptions, brewers and wholesalers from giving things of value to retailers of fermented malt beverages. One of the exceptions was for the nonprofit corporation which, with city participation, conducts Milwaukee's "Summerfest". 1989 AB 286, in the form of a population act for all 2nd class cities with a 1986 population "of at least 49,000 but less than 50,000", proposed to create a new statute granting a similar exemption to the LaCrosse "October Fest".
Assembly substitute amendment 1, instead, proposed to amend the existing statute granting Milwaukee's exception so that it would cover every "nonprofit corporation which is conducting festivals of limited duration if the festivals are sponsored and endorsed in whole or part by a municipal corporation".
Although the substitute might have expanded the scope of the proposal, it did not "totally alter the nature of the proposal" or require a title "substantially different from the proposal's original title" - except for the statute number referenced, the 2 titles were, in fact, identical.
Ruling of the chair [p. 179]:
The speaker [Loftus] ruled not well taken the point of order raised by Representative Medinger on Tuesday, May 23 that assembly substitute amendment 1 to Assembly Bill 286 was not germane.
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Assembly Journal of January 30, 1986 .......... Page: 629
Point of order:
402 Representative Seery rose to the point of order that assembly amendment 6 to assembly amendment 11 to Senate Bill 1, January 1986 Spec. Sess. [multi-issue budget adjustment bill], was not germane under Assembly Rule 54.
[Note:] Although the means differed, both A.Amdt.11 and A.Amdt.6 thereto reduced state costs by about $20 million.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
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Senate Journal of October 25, 1983 .......... Page: 460
[Point of order:]
Senator Cullen raised the point of order that senate amendment 2 [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.
The chair [Pres. Risser] ruled the point of order not well taken.
[Note:] As passed by the assembly, the bill contained a uniform drinking age of 19 years.
S.Amdt.2 (above) made the drinking age 19 for persons residing in Wisconsin, and 19 or the higher age of the other state for residents of neighboring states.
S.Amdt.6 (below) proposed to retain the drinking age at 18, but delayed to August 15 the legal drinking date for persons with an earlier birthdate so as to postpone drinking until after high school graduation.
Senate Journal of October 25, 1983 .......... Page: 461
[Point of order:]
Senator Chilsen raised the point of order that senate amendment 6 was not germane.
The chair ruled the point of order not well taken.
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Assembly Journal of March 30, 1982 .......... Page: 3066
Point of order:
Representative Thompson rose to the point of order that assembly amendment 1 to Senate Bill 80 [relating to regulating smoking in public conveyances and specified places and providing a penalty] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] While the engrossed senate bill permitted smoking in "offices" and "retail establishments", A.Amdt.1 included both "private offices" and "retail establishments" in the prohibited areas for which smoking could be permitted by the posting of signs.
403 The chair [Rep. Norquist] ruled the amendment germane under Assembly Rule 54 (4) (b) [same purpose accomplished in different manner] and (e) [particularized detail].
Assembly Journal of March 16, 1982 .......... Page: 2716
Point of order:
Representative Loftus rose to the point of order that assembly substitute amendment 2 to Senate Bill 70 [relating to payment of contractors under public works contracts] was not germane under Assembly Rule 54. The speaker took the point of order under advisement.
Assembly Journal of March 25, 1982 .......... Page: 2976
[Ruling on the point of order of 3/16/82]:
