1 9 9 1 S E N A T E
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.
156 [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.
1 9 8 7 S E N A T E
Senate Journal of May 28, 1987 .......... Page: 207
[Point of order:]
Senator Te Winkle raised the point of order that senate amendment 1 to assembly amendment 2 [to Senate Bill 166, relating to establishing a speed limit of 65 miles per hour for rural interstate highways] was not germane.
[Note:] A.Amdt.2 to SB 166 added to the bill's 65 mph speed limit a night-time speed limit of 55 mph.
S.Amdt.1 to A.Amdt.2 proposed a day-and-night speed limit of 55 mph for trucks over 10,000 lbs. Although that proposition might have been a germane amendment to the original bill (because it reduced the range of vehicles permitted to operate at the new 65 mph limit) it was not a germane amendment to A.Amdt.2 which only dealt with night-time hours.
The chair ruled the point of order well taken.
1 9 8 5 A S S E M B L Y
Assembly Journal of June 28, 1985 .......... Page: 279
Point of order:
Representative Medinger rose to the point of order that assembly amendment 21 to senate amendment 137 to Assembly Bill 85 [relating to state finances and appropriations, constituting the executive budget bill of the 1985 legislature, and making appropriations] was not germane under Assembly Rule 54.
[Note:] The amendment attempted to reach through the senate's superamendment to the engrossed assembly bill, to preserve a limited state income tax exclusion for retirement benefits of ex-federal employes.
Under A.Rule 54 (5), an amendment to an amendment must be germane to the amendment as well as to the original proposal. Even though the issue was covered in the engrossed assembly bill, the amendment was not germane because the issue had not been touched in the senate superamendment.
157 The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
1 9 8 3 A S S E M B L Y
Assembly Journal of June 23, 1983 .......... Page: 286
Point of order:
Representative Johnson rose to the point of order that assembly amendment 5 to senate amendment 1 [compiled amendment, 122 items] to assembly amendment 4 [compiled amendment, 486 items] to Senate Bill 83 [relating to state finances and appropriations, constituting the executive budget bill of the 1983 legislature, and making appropriations] was not germane under Assembly Rule 54 (3) (a) and (f).
[Note:] A.Amdt.5 did not propose to amend any of the issues covered by SA-1 to AA-4 to SB 83; rather, its first item attempted to reach the bill itself, and its 2nd item attempted to add a 6/30/85 sunset for any permanent tax increases contained in AA-4.
Similarly, A.Amdt.6 to SA-1 to AA-4 to SB 83 only attempted to reach the bill itself.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken. [Intervening text omitted.]
Representative Johnson rose to the point of order that assembly amendment 6 to senate amendment 1 to assembly amendment 4 to Senate Bill 83 was not germane under Assembly Rule 54 (3) (a) and (f).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
1 9 8 3 S E N A T E
Senate Journal of March 13, 1984 .......... Page: 709
[Background: Senate amendment 1 to senate amendment 1 to senate substitute amendment 1 to Senate Bill 500, "relating to extending eligibility for veterans benefits to veterans of United States military action in Lebanon and Grenada, offered by Senator Strohl.]
[Point of order:]
The question was: Adoption of senate amendment 1 to senate amendment 1 to senate substitute amendment 1?
Senator Van Sistine raised the point of order that senate amendment 1 to senate amendment 1 to senate substitute amendment 1 was not germane.
By request of Senator Strohl, with unanimous consent, senate amendment 1 to senate amendment 1 to senate substitute amendment 1 was returned to the author.
The question was: Adoption of senate amendment 1 to senate substitute amendment 1?
Senator Johnston raised the point of order that senate substitute amendment 1 was not germane. The chair took the point of order under advisement.
Senate Journal of March 15, 1984 .......... Page: 720
Ruling of the chair [Pres. Risser]:
158 On Tuesday, March 13, 1984 the Senator from the 4th, Senator Johnston raised the point of order that senate substitute amendment 1 to Senate Bill 500 was not germane. Specifically the Senator from the 4th raised the point that section 17 of the amendment relating to special license plates for prisoners of war expanded the scope of the bill. The chair took the point of order under advisement.
Section 17 of the substitute amendment amends section 341.14 (6) of the statutes to add the new veteran benefit group (Lebanon and Grenada) to those already referenced for special Ex-Prisoner of War Plates. Section 341.14 (6) currently provides the special plates for all defined as "Veteran" for state benefits.
Mason's Manual Section 402 (2) reads as follows "To determine whether an amendment is germane, the question to be answered is whether the question is relevant, appropriate, and in natural and logical sequence to the subject matter of the original proposal."
It is the opinion of the chair that it is appropriate and logical to insure that all veteran benefits are extended to the new group. Therefore the point of order raised by the Senator from the 4th is not well taken and the substitute amendment is germane.
1 9 8 1 A S S E M B L Y
Assembly Journal of October 28, 1981 .......... Page: 1551
Point of order:
Representative Broydrick rose to the point of order that assembly amendment 1 to senate amendment 6 to Assembly Bill 616 [relating to congressional districts] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] S.Amdt.6 was limited to a change, in the village of Shorewood, dividing CD-5 from CD-9.
A.Amdt.1 thereto would have changed CD-6 and CD-8, placing all of Waupaca county into CD-6 and all of Brown county into CD-8.
The assembly amendment not only expanded the scope of the senate amendment, but also violated A.Rule 54 (5) [amendment to amendment].
The same Brown/Waushara adjustment was subsequently introduced as 1981 AB 1133 and enacted as Chapter 155, Laws of 1981.
The speaker [Jackamonis] ruled the point of order well taken.
Assembly Journal of June 25, 1981 .......... Page: 699
Point of order:
Representative Loftus rose to the point of order that assembly amendment 4 to assembly amendment 22 to assembly substitute amendment 2 to Assembly Bill 66 [relating to state finances and appropriations, constituting the executive budget bill of the 1981 legislature, and making appropriations] was not germane under Assembly Rule 54.
[Note:] A.Rule 54 (5): "An amendment to an amendment must be germane to both the amendment and the original proposal."
The speaker [Jackamonis] ruled the point of order well taken.
Senate Journal of May 7, 1981 .......... Page: 402
Point of order:
Senator Berger raised the point of order that senate amendment 1 to assembly amendment 5 [to Senate Bill 243, relating to limitation of state expenditure reductions, expenditure estimate procedure and state revenue shortfall procedure] was not germane.
[Note:] A.Amdt.5 established a trigger level (0.5% of general purpose appropriations) for notification, by the secretary of administration, of the governor and the legislature of an anticipated revenue shortfall.
S.Amd.1 to A.Amdt.5 proposed an entirely new procedure, not sanctioned by the state constitution, whereby the governor's recommendation to deal with a revenue shortfall "shall be effective" if the legislature failed to act on the fiscal imbalance within 30 days of notification.
S.Rule 50 (4), "an amendment to an amendment must be germane to the amendment as well as to the original proposal", deals with senate amendments to senate amendments.
When the senate considers an assembly amendment to a senate proposal, the business before the senate is limited to the assembly amendment.
Consequently, the question of germaneness of a senate amendment to an assembly amendment (to a senate bill) falls under S.Rule 50 (1) which prohibits senate consideration of senate amendments: "intended to accomplish a different purpose .... or [which] would totally alter the nature of the original proposal".
The chair [Pres. Risser] ruled the point of order well taken.
1 9 7 9 A S S E M B L Y
Assembly Journal of March 25, 1980 .......... Page: 3068
Point of order:
Representative Johnson rose to the point of order that assembly amendment 8 to assembly substitute amendment 1 to Assembly Bill 1285 [relating to increasing the excise tax on motor fuel and special fuel, adjusting the appropriations for connecting highways, swing and lift bridges and highway maintenance, increasing automobile registration fees and other transportation fees, imposing vehicle permit fees based on the excess size and weight of the vehicle, changing the computation of the cost factor for local transportation aids, authorizing the contracting of public debt for highway construction, providing inflationary supplements for department of transportation appropriations, granting rule-making authority and making an appropriation] was not germane under Assembly Rule 54 (5) [amendment to amendment].
160 [Note:] 1979 AB 1285 was a multi-issue bill which, according to its title, dealt with 7 substantive and 2 derivative issues.
A.Sub.1 reduced the number of substantive issues to 2: "increasing the excise tax on motor fuel and special fuel and imposing vehicle permit fees based on the excess size and weight of the vehicle".
A.Amdt.8 (above) proposed to deal with a 3rd substantive issue (contained in the original bill but not in the substitute): "changing the computation of the cost factor for local transportation aids".
Similarly, A.Amdt.10 (below) proposed to deal with "changing the cost factor for local transportation aids".
The chair [Speaker Jackamonis] ruled the point of order well taken.
Assembly Journal of March 25, 1980 .......... Page: 3069
Point of order:
Representative Johnson rose to the point of order that assembly amendment 10 to assembly substitute amendment 1 to Assembly Bill 1285 was not germane under Assembly Rule 54 (5).
The chair [Speaker Jackamonis] ruled the point of order well taken.
Assembly Journal of June 13, 1979 .......... Page: 801
Point of order:
Representative Jackamonis rose to the point of order that assembly amendment 2 to assembly amendment 4 to Senate Bill 79 [relating to state finances and appropriations, constituting the executive budget bill of the 1979 legislature, and making appropriations] was not germane under Assembly Rule 54 (3) (a), (3) (f) [substantial expansion of scope] and (5) [amendment to amendment].
[Note:] A.Amdt.4 exempted from Wisconsin income tax the first $75,000 of capital gain from the sale of a principal residence. AA-2 to AA-4 tried to eliminate the small business program at UW extension.
The chair [Rep. Kedrowski, speaker pro tem] ruled the point of order well taken.
1 9 7 9 S E N A T E
Senate Journal of February 14, 1980 .......... Page: 1341
[Point of order:]
Senator Van Sistine raised the point of order that senate amendment 1 to senate amendment 2 to senate substitute amendment 2 [to Assembly Bill 239,
relating to the term of appointment for the adjutant general] was not germane. The chair took the point of order under advisement.
[Note:] S.Sub.2 proposed a 6-year term for the attorney general. S.Amdt.2 was a handwritten floor amendment which, apparently, intended to reduce the term to 4 years but said, instead, to substitute "6-year" for "4-year".
While it might have been proper to request a chief clerk's correction of S.Amdt.2, using an amendment (SA-1 to SA-2) to turn the amendment around violated the rule that an amendment to an amendment must be germane to the amendment as well as to the proposal.
S.Amdt.3 (below) properly proposed to substitute "4-year" for "6-year".
161Senate Journal of February 14, 1980 .......... Page: 1343
The chair was prepared to rule on the germaneness of senate amendment 1 to senate amendment 2 to senate substitute amendment 1.
By request of Senator Kleczka, with unanimous consent, senate amendment 2 was returned to the author.
The chair [Pres. Risser] ruled the point of order moot. [Intervening text omitted.]
Senate Journal of February 14, 1980 .......... Page: 1344
[Point of order:]
Senator Goyke raised the point of order that senate amendment 3 to senate substitute amendment 2 was not germane.