Representative Krug rose to the point of order that assembly amendment 16 to assembly substitute amendment 1 to Assembly Bill 1160 was not germane under Assembly Rule 54 (3) (f).
The speaker ruled the point of order well taken.
Assembly Journal of March 8, 1994 .......... Page: 741
Point of order:
Representative Kunicki rose to the point of order that assembly amendment 20 to assembly substitute amendment 1 to Assembly Bill 1160 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Representative Krug rose to the point of order that assembly amendment 22 to assembly substitute amendment 1 to Assembly Bill 1160 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of March 8, 1994 .......... Page: 743
Point of order:
Representative Krug rose to the point of order that assembly amendment 31 to assembly substitute amendment 1 to Assembly Bill 1160 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
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Senate Journal of February 16, 1994 .......... Page: 731
[Point of order:]
577 Senator Rosenzweig raised the point of order that Senate amendment 1 to Senate substitute amendment 1 to Senate Bill 722 [relating to expanding the small employer
insurance board and renaming it the comprehensive health care board; modified community rating, fair market standards, portability,
preexisting condition exclusions and guarantee issue for individual and certain group health benefit plans; establishing a standard plan; allowing the group insurance board to contract with purchasing coalitions; and granting rule-making authority] is not germane.
[Note:] The original bill and Sen.Sub-1 attempted to provide for comprehensive health care within the existing health insurance framework.
Sen.Amdt-1 to Sen.Sub-1 changed the nature of the proposal by providing, for the present, that certain health care providers cannot refer patients to a health care entity in which the provider has a financial interest and, for the future, by requiring the group insurance board to submit proposed legislation establishing a universal health care plan.
Sen.Sub-2 (below), which provided for an immediate single-payer, publicly financed health care system without containing any of the provisions of the original bill, was not germane because it related to a different subject and was intended to achieve a different purpose than the original proposal.
The Chair ruled the point well taken.
Senate Journal of February 16, 1994 .......... Page: 733
[Point of order:]
Senator Leean raised the point of order that Senate substitute amendment 2 to Senate Bill 722 is not germane.
The Chair ruled the point of order well taken.
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Assembly Journal of April 17, 1991 .......... Page: 170
Point of order:
Representative Prosser rose to the point of order that assembly substitute amendment 2 to Assembly Bill 19 [relating to basic local exchange service offered by large telecommunications utilities] was not germane under Assembly Rule 54 (3) (b) and (f).
[Note:] Although A.Rule 54 (1) states that the assembly "shall not consider" an amendment or substitute amendment which is not germane (relates to a different subject or intends to accomplish different purpose), the usual procedure is to consider pending amendments to the amendment or substitute because the adoption of an amendment might remove the objectionable parts.
Before reaching the question of adoption on A.Sub.Amdt-2 to 1991 AB 19, the assembly considered 7 amendments to that substitute.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not timely because there were simple amendments to assembly substitute amendment 2 pending. The simple amendments to the substitute amendment must be disposed of before a point of order on that substitute amendment would be in order.
Senate Journal of March 26, 1992 .......... Page: 827
[Point of order:]
Senator Feingold raised the point of order that Senate substitute amendment 2 [to Assembly Bill 180, relating to requiring consent for an unemancipated minor's abortion, informed consent of a woman to her own abortion, granting rule-making authority and providing a penalty] is not germane.
[Note:] Following a long session in which the senate adopted S.Amdts 21 and 22 and S.Amdt-27 (as aff. by 4 amendments thereto) to 1991 AB 180 as received from the assembly, S.Sub.Amdt-2 was offered containing only the wording received from the assembly.
Under S.Rule 50 (5), an amendment [or substitute?] "restoring a proposal to its original form" is germane. The point of order may have been raised because the relating clause of S.Sub.Amdt-2 differed from the original bill. It was, however, worded exactly the same as the relating clause shown on the printed engrossed bill.
The Chair [President Risser] ruled the point not well taken.
Senate Journal of February 27, 1992 .......... Page: 685
[Point of order:]
Senator Farrow raised the point of order that Senate amendment 1 to Senate amendment 7 to Senate substitute amendment 1 [to Assembly Bill 655, relating to establishing a group health insurance plan for employes of small employers, creating a board to oversee the plan, creating a fund for catastrophic claims and a catastrophic claims fund board, creating an individual income tax deduction for certain medical care insurance costs paid by certain self-employed persons, granting rule-making authority and making an appropriation] was not germane.
The Chair [President Risser] ruled the point well taken.
579 [Note:] As received by the senate in the form of A.Sub.Amdt-2, 1991 AB 655 contained provisions, also contained in the original bill, to create an individual income tax deduction for certain medical care costs. The provisions were not contained in S.Sub.Amdt-1 offered by the Special Select Committee on Health Care Access and Affordability.
S.Amdt-7 to S.Sub.Amdt-1 attempted to insert the income tax deduction into the substitute amendment. Although perhaps offered as "an amendment restoring a proposal to its original form" [germane under S.Rule 50 (5)], S.Amdt-7 was in reality a nongermane expansion of the scope of S.Sub.Amdt-1.
Senate Am-1 to S.Amdt-7 dealt with an entirely different subject: reducing the capital gains tax on assets held more than 3 years. It may have been offered in the mistaken assumption that an amendment to an amendment would be germane, regardless of its content, as long as it affects only the statute section, subsection and paragraph affected by the original amendment.
[Point of order:]
Senator Barrett raised the point of order that Senate amendment 7 to Senate substitute amendment 1 [to Assembly Bill 655] is not germane.
The Chair ruled the point well taken.
Senate Journal of April 30, 1991 .......... Page: 224
[Point of order:]
Senator Adelman raised the point of order that Senate substitute amendment 2 [to Senate Bill 128, relating to the authority of cities, villages and counties to enact and enforce ordinances in the areas of drug paraphernalia and marijuana possession] is not germane. The Chair took the point of order under advisement.
Senate Journal of May 7, 1991 .......... Page: 232
[Ruling on the point of order:]
On Tuesday, April 30, the Senator from the 28th, Senator Adelman, raised a point of order that Senate Substitute Amendment 2 to Senate Bill 128 was not germane. The Chair took the point of order under advisement.
The original bill as introduced relates to the adoption of ordinances by local units of government relating to drug paraphernalia and marijuana possession.
Senate Substitute Amendment 2 would amend current state statutes as they relate to drug paraphernalia. It is the opinion of the Chair that Senate Bill 128 relates directly to the =_authority of local units of government as it relates to the adoption of ordinances. Senate Substitute Amendment 2 is intended to accomplish a different purpose, would require a title essentially different and would totally alter the nature of the original proposal. This is in direct violation of Senate Rule 50.
Therefore, it is the opinion of the Chair that Senate Substitute Amendment 2 is non-germane and that the point of order raised by the Senator from the 28th, Senator Adelman is well taken.
Senator Fred A. Risser
President of the Senate
Senator Ellis appealed the ruling of the Chair. The question was: Shall the decision of the Chair stand as the judgment of the Senate? [Display of roll call vote omitted; ayes-18, noes-14.] The decision of the Chair stands as the judgment of the Senate.
Senate Journal of May 7, 1991 .......... Page: 233
[Point of order:]
Senator Adelman raised the point of order that Senate substitute amendment 3 [to Senate Bill 128] was not germane.
[Note:] S.Sub.Amdt-2, held not germane above, was actually a copy of S.Sub.Amdt-3 to 1991 SB 128 which, according to its LRB number, had been drafted earlier. Except for a difference in the relating clause, the 2 substitutes were identical.
580 The Chair [President Risser] ruled the point well taken.
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Assembly Journal of November 10, 1989 .......... Page: 525
Point of order:
Representative Travis rose to the point of order that assembly amendment 15 to assembly substitute amendment 1 to Assembly Bill 12, Oct. 1989 Spec. Sess. [relating to grants to school districts; grants to vocational, technical and adult education districts; grants for before-school, after-school and summer school programs and services; head start programs and head start day care programs; grants to limit violence and abuse of controlled substances in neighborhoods; community-based efforts to prevent drug and alcohol abuse; distribution of information with marriage licenses; foster grandparent program; grants for certain community-wide activities to combat alcohol and other drug abuse; drug abuse prevention and education program grants for American Indians; youth aids allocations; children-in-crisis program; treatment programs and other services to certain families and training of health care professionals and other social service workers; the treatment alternative program; domestic abuse shelter programs; day treatment for Hispanic persons and establishing a Spanish language center for day treatment; providing funds to counties for alcohol and other drug abuse treatment programs; imposing a tax on controlled substances and allocating the revenue; declaring a building or structure used in illegal drug manufacture or delivery a nuisance and subject to abatement and sale; expanding
the Kettle Moraine correctional institution, granting bonding authority and revising the 1989-91 state building program; establishing a challenge incarceration program; toll-free hotlines and reward programs; establishing a state crime laboratory in Wausau; establishing a home detention program; probationers and parolees; treatment programs for prisoners; payments to counties for persons held pending disposition of probation or parole revocation; community corrections treatment programs; services for women probationers and parolees; juvenile correctional institutions and youth aids; an early intervention program for high-risk youths; an intensive aftercare pilot program; drug law enforcement; grants to local law enforcement agencies; grants to cities and counties for payment of law enforcement costs; funding drug identification and interdiction; circuit court branches; granting rule-making authority; providing penalties; and making appropriations] was not germane under Assembly Rule 54 (3).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
581 [Note:] AB 12, Oct. 1989 Spec.Sess., in its relating clause listed 37 different subjects. "Community equity funding", the subject of A.Amdt-15 was not among them. Consequently, A.Amdt-15 expanded the scope of the multi-issue proposal, and was not germane.
A.Sub.Amdt-1 to Oc9-AB 12 (below) was the joint finance committee's substitute for the bill. Its relating clause listed 48 subjects.
Although a proposal's title is often helpful information in determining the germaneness of an amendment, and the change from 37 to 48 subjects easily created the suspicion that A.Sub.Amdt-1 might represent a substantial expansion of the proposal's scope. However, the final decision must be based on the content of the proposal itself.
The broad purpose of the bill was to deal with drug abuse and illegal drugs. Of the bill's 37 subjects, 6 were not referenced in the title of the joint finance substitute - generally, they reappeared in about a dozen phrases indicating that the substitute accomplished "the same purpose in a different manner [germane; A.Rule 54 (4) (b)].
Several of the new phrases in the title of the substitute dealt with a study, an audit, or even a "task force" - all intended to monitor the performance of the new programs on drug abuse and illegal drugs. Others dealt with the specifics of program administration (creating a division of narcotics and dangerous drugs; hotline for perinatal referral and information; state standards for drug abuse treatment programs) or with a consequence of illegal drugs convictions (immunity for forced testimony; selling property seized in drug arrests). Amendments "relating only to particularized details" are germane [A.Rule 54 (4) (e)].
Finally, each of the subjects included in the substitute amendment also had to fit, and did fit, within the special session agenda set by Gov. Tommy Thompson proclamation convening the special session (A.Jour. 10/10/89, p. 343).
Assembly Journal of November 10, 1989 .......... Page: 528
Point of order:
Representative Welch rose to the point of order that assembly substitute amendment 1 to Assembly Bill 12, Oct. 1989 Spec. Sess., was not germane under Assembly Rule 54 (3).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Assembly Journal of November 7, 1989 .......... Page: 460
Point of order:
Representative Prosser rose to the point of order that assembly substitute amendment 1 to Assembly Joint Resolution 81 [relating to reducing, by income tax credits or by payments from state revenues, property taxes on residential property as defined by law (first consideration)] was not germane under Assembly Rule 54 (3). The speaker took the point of order under advisement.
[Note:] When originally introduced, the uniformity clause exception proposed by 1989 AJR 81 read as follows:
The legislature may reduce property taxes imposed upon residential property, as defined by law, by authorizing credits against income taxes imposed by this state or payments from state revenues.
From the discussions concerning 1989 AJR 81, it seems likely that "residential property, as defined by law", was intended to include the primary residence of every resident of this state. But, some people felt that residential property might be understood to mean housing only in residential areas, and Rep. Wineke's Assembly Substitute Amendment 1 expanded the phrase to read "residential and agricultural real property, as defined by law" so as to express that residential property, as defined by law, will qualify for property tax relief both in municipalities and on farms.
The speaker [Loftus] ruled not well taken the point of order raised by Representative Prosser that assembly substitute amendment 1 to Assembly Joint Resolution 81 was not germane under Assembly Rule 54 (3).
Assembly Journal of November 2, 1989 .......... Page: 440
Point of order:
Representative M. Coggs rose to the point of order that assembly substitute amendment 1 to Assembly Bill 569 [relating to extended kindergarten and first grade programs in a 1st class city school district] was not germane under Assembly Rule 54 (3).
[Note:] The bill allocated, from the school aids received by the Milwaukee school district, $192,500 for extended-day kindergarten programs for 3-, 4- and 5-year olds and an extended first grade program for 6-year olds. These were pilot programs to be provided by the Milwaukee school district.
A.Sub.Amdt-1 changed the nature of the proposal by taking $1,000,000 from Milwaukee's school aids to finance a "choice" program in which parents would designate the licensed or certified private day care center to provide the extended-day care for their child.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of October 25, 1989 .......... Page: 392
Point of order:
Representative Krug rose to the point of order that assembly substitute amendment 1 to Assembly Bill 381 [relating to county ordinances that are the same as or similar to state theft, retail theft and battery laws] was not germane under Assembly Rule 54 (3). The speaker took the point of order under advisement.
[Note:] The bill authorized counties to enact ordinances restating state criminal law on battery, theft and retail theft.
A.Sub.Amdt-1 expanded the scope - nongermane under A.Rule 54 (3) (f) - by adding 2 crimes to the 3 enumerated in the proposal: damage to property and resisting or obstructing an officer.
Ruling of the chair [p. 406]:
The chair [Rep. Clarenbach, speaker pro tem] ruled well taken the point of order raised by Representative Krug on Wednesday, October 25 that assembly substitute amendment 1 to Assembly Bill 381 was not germane under Assembly Rule 54 (3).
Assembly Journal of October 11, 1989 .......... Page: 348
Point of order:
