Senate amendment 1 to senate substitute amendment 1 would expand the scope of the bill to the entire state. Senate Rule 50 (7) states only amendments limiting the scope of a proposal are germane. Therefore it is the opinion of the Chair that the point of order raised by Senator Harnisch is well taken.
Senate Journal of January 25, 1980 .......... Page: 1190
[Point of order:]
Senator Murphy raised the point of order that senate amendment 1 to senate substitute amendment 4 to Assembly Bill 77 [relating to prohibiting possession of a dangerous weapon by a convicted felon and providing a penalty] was not germane. The chair took the point of order under advisement.
[Note:] S.Amdt.1 to S.Sub.4 made it a misdemeanor if a firearms dealer failed to send a monthly report to the sheriff of the residence county of every person to whom a gun was sold during the month.
Senate Journal of January 25, 1980 .......... Page: 1192
Ruling of the chair [Pres. Risser]:
It is the opinion of the chair that senate amendment 1 created a new concept and new crime. It is substantially different from senate substitute amendment 4; therefore, the chair rules the point of order well taken.
248Senate Journal of January 23, 1980 .......... Page: 1138
[Point of order:]
Senator Moody raised the point of order that senate substitute amendment 2 to Assembly Bill 413 [relating to committing a crime with a dangerous weapon and providing a penalty] was not germane.
[Note:] S.Sub.1 expanded the scope of the proposal by providing that, in committting the crime of robbery, the use of any article "fashioned in a manner to lead the victim reasonably to believe that it is a dangerous weapon" would be treated as though a dangerous weapon was actually used.
The chair [Pres. Risser] ruled the point of order well taken.
Senator Murphy appealed the ruling of the chair. [Display of roll call vote omitted; ayes-17, noes-16.] So the decision of the chair shall stand as the judgment of the senate.
Senate Journal of October 30, 1979 .......... Page: 941
[Point of order:]
Senator Roshell raised the point of order that senate amendment 3 [to Senate Bill 301, relating to inspection of electrical construction by the department of industry, labor and human relations, granting rule-making authority, making an appropriation and imposing a penalty] was not germane. The chair took the point of order under advisement.
Senate Journal of October 31, 1979 .......... Page: 973
By request of Senator Radosevich, with unanimous consent, senate amendment 3 was returned to the author.
The point of order of yesterday was on senate amendment 3; since the amendment has been returned to the author, the point of order is moot.
Senate Journal of October 16, 1979 .......... Page: 828
[Point of order:]
Senator Kreul raised the point of order that senate amendment 4 to senate substitute amendment 3 [to Senate Bill 19, relating to raising the drinking age to 19 and providing a penalty] was not germane.
[Note:] S.Sub.3 was limited to issues related to raising the drinking age from 18 to 19. The following amendments were challenged:
S.Amdt.4 (above) prohibited issuing a Class "A" beer retailer's license to a grocery store. Below:
S.Amdt.7 permitted drinking in a motorhome as long as an adult was present and the motorhome was not moving.
S.Amdt.8 prohibited sale for off-premise consumption to persons aged 19 or 20.
S.Amdt.9 retained the proposed 19-year drinking age but permitted beer drinking by persons 18 years old.
S.Amdt.10 changed bar-closing time from 1 a.m. to 2 a.m. and required statewide uniformity.
249 The chair [Pres. Risser] ruled the point of order well taken. [Intervening text omitted.]
Senate Journal of October 16, 1979 .......... Page: 829
Senator Cullen raised the point of order that senate amendment 7 to senate substitute amendment 3 was not germane.
The chair ruled the point of order well taken.
Senator Goyke appealed the ruling of the chair. [Display of roll call vote omitted; ayes-25, noes-5.] So the decision of the chair shall stand as the judgment of the Senate. [Intervening text omitted.]
Senate Journal of October 16, 1979 .......... Page: 830
Senator Kleczka raised the point of order that senate amendment 8 to senate substitute amendment 3 was not germane.
The chair ruled the point of order not well taken.
Senator Kleczka appealed the ruling of the chair. [Display of roll call vote omitted; ayes-29, noes-4.] So the decision of the chair shall stand as the judgment of the Senate. [Intervening text omitted.]
Senate Journal of October 16, 1979 .......... Page: 831
Senator Chilsen raised the point of order that senate amendment 9 to senate substitute amendment 3 was not germane.
The chair ruled the point of order not well taken.
Senator Chilsen appealed the ruling of the chair. [Display of roll call vote omitted; ayes-23, noes-9.] So the decision of the chair shall stand as the judgment of the Senate. [Intervening text omitted.]
Senate Journal of October 16, 1979 .......... Page: 832
Senator Cullen raised the point of order that senate amendment 10 to senate substitute amendment 3 was not germane. (
The chair ruled the point of order well taken.
Senate Journal of October 2, 1979 .......... Page: 725
[Point of order:]
Senator Kleczka raised the point of order that pursuant to Senate Rule 50, senate substitute amendment 1 to Senate Bill 167 [relating to authorization for electors to vote in the primary of more than one political party] was not germane.
[Note:] S.Sub.1 (above) added provisions to outlaw straight-ticket voting for all elections.
S.Amdt.1 (below) provided for an "Australian" primary ballot listing, by office, every candidate and the candidate's party affiliation.
The chair [Pres. Risser] ruled the point of order well taken. [Intervening text omitted.]
[Point of order:]
Senator Kleczka raised the point of order that pursuant to Senate Rule 50, senate amendment 1 was not germane.
250 The chair ruled the point of order well taken.
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Assembly Journal of March 23, 1978 .......... Page: 4031
Point of order:
Representative McClain rose to the point of order that assembly amendment 1 to Senate Bill 650 [relating to leaves for qualified prison inmates and granting rule-making authority] was not germane under Assembly Rule 50 (3) (f) because it relates to private conjugal visits.
The speaker [Jackamonis] ruled the point of order well taken.
Assembly Journal of March 23, 1978 .......... Page: 4030
Point of order:
Representative McClain rose to the point of order that assembly amendment 1 to Senate Bill 142 [relating to delivering liquor or dangerous drugs to, or permitting persons of different sexes to be placed together in, a prison or house of correction] was not germane under Assembly Rule 50 (3) (f) because it relates to private conjugal visits.
The speaker [Jackamonis] ruled the point of order well taken.
Assembly Journal of March 10, 1978 .......... Page: 3585
Point of order:
Representative Medinger rose to the point of order that assembly amendment 4 to assembly substitute amendment 1 to Assembly Bill 1179 [relating to a definition of death] was not germane under Assembly Rule 50 (3) (f). The speaker took the point of order under advisement.
Assembly Journal of March 10, 1978 .......... Page: 3598
The speaker [Jackamonis] ruled not well taken the point of order raised by Representative Medinger that assembly amendment 4 to assembly substitute amendment 1 to Assembly Bill 1179 was not germane under Assembly Rule 50 (3) (f).
Assembly Journal of March 9, 1978 .......... Page: 3548
Point of order:
Representative McClain rose to the point of order that assembly amendment 1 to assembly amendment 15 to assembly substitute amendment 1 to Assembly Bill 656 was not germane under Assembly Rule 50 (3) (f).
The speaker [Jackamonis] ruled the point of order well taken because the amendment related to cost controls which were not part of the original bill.
Representative DeLong rose to the point of order that assembly amendment 15 to assembly substitute amendment 1 to Assembly Bill 656 was not germane under Assembly Rule 50 (3) (f).
The speaker ruled the point of order well taken because the amendment was not necessary to the purpose of the bill, which was to implement merger of the retirement systems, and required a different relating clause.
251Assembly Journal of January 3, 1977 .......... Page: 36
Point of order:
Representative Wahner rose to the point of order that assembly amendment 1 to Assembly Resolution 7 was not germane under Assembly Rule 55.
[Note:] 1977 A.Res.7, in the manner of a "session law" provision, continued the assembly rules, renamed some assembly standing committees and created others until such time as a complete revision of the assembly rules was enacted by 1977 A.Res. 6.
A.Amdt.1 proposed a requirement of proportional representation of the assembly on all standing committees.
The speaker [Jackamonis] ruled the point of order well taken because Assembly Resolution 7 did not deal with the composition of committees and the amendment would expand the scope of the resolution.
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Assembly Journal of May 6, 1975 .......... Page: 755
Point of order:
Representative Thompson rose to the point of order that assembly amendment 1 to Assembly Bill 152 was not germane under Assembly Rule 55. The speaker took the point of order under advisement.
Assembly Journal of May 6, 1975 .......... Page: 757
Point of order:
The speaker [Anderson] ruled the point of order raised by Representative Thompson on assembly amendment 1 to Assembly Bill 152 well taken because the amendment would expand the scope of the bill and require a title substantially different.
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Senate Journal of January 24, 1973 .......... Page: 218
[Point of order:]
Senator Chilsen raised the point of order that amendment 1 was not germane to Senate Joint Resolution 18. The chair took the point of order under advisement.
Senate Journal of January 25, 1973 .......... Page: 224
[Ruling of the chair:]
On Wednesday, January 24, 1973, Senate Joint Resolution 18 was introduced. Said resolution relating to commending President Nixon for concluding the conflict in Vietnam. During the debate on the adoption of this resolution, senate amendment 1 to this Resolution was introduced. Senator Chilsen rose to a point of order stating that senate amendment 1 was not germane. The chair took the point of order under advisement.
The question of germaneness of an amendment is at times at best a judgment call. It is the judgment of the chair that the amendment is not germane in that the amendment expands the basic intent of Senate Resolution 18.
252Germaneness: individual proposition (one amending another)
