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).
174 The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of March 8, 1994 .......... Page: 733
Point of order:
Representative Bock rose to the point of order that assembly amendment 4 [to A.Sub-1] to Assembly Bill 902 [relating to the approval of aerobic private sewage systems and granting rule-making authority] was not germane under Assembly Rule 54 (3) (f).
[Note:] AB 902 and A.Sub-1 tp AB 902 dealt exclusively with the approval of aerobic private sewage systems under rules promulgated by the department of industry, labor and human relations (DILHR).
A.Amdt-4 to A.Sub-1 attempted to require DILHR to promulgate rules also for the design and installation of mound system private sewage systems.
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of March 8, 1994 .......... Page: 732
Point of order:
Representative Notestein rose to the point of order that assembly amendment 3 to Assembly Bill 982 [relating to the definition of sexual harassment and sexual harassment prohibited under the fair employment law] was not germane under Assembly Rule 54 (3) (f).
The chair took the point of order under advisement.
[Note:] A.Amdt-3 created a new process, not found in the existing law prohibiting sexual harassment, for "the awarding of costs and attorney fees against a person who asserts a frivolous claim or defense in a sexual harassment proceeding under the fair employment law".
Any amendment that "substantially expands the scope of the proposal" is declared not germane by A.Rule 54 (3) (f).
Ruling of the chair:
The chair (Speaker pro tempore Carpenter) ruled well taken the point of order raised by Representative Notestein that assembly amendment 3 to Assembly Bill 982 was not germane.
Assembly Journal of January 25, 1994 .......... Page: 558
Point of order:
Representative Potter rose to the point of order that assembly amendment 2 to assembly substitute amendment 3 to Senate Bill 316 [relating to permissible charges in consumer credit transactions] was not germane under Assembly Rule 54 (3) (f).
175 [Note:] The original bill, and A.Sub.3, were limited to permissible charges in consumer credit transactions.
A.Amdt-2 to A.Sub-3, which attempted to prohibit disclosure of certain information obtained in consumer credit card transactions, was a nongermane expansion of the scope of the proposal.
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of October 26, 1993 .......... Page: 483
Point of order:
Representative Krug rose to the point of order that assembly amendment 7 to assembly substitute amendment 1 to Assembly Bill 861 [relating to: gangs; crime; children; controlled substances; law enforcement; substitution of judge; juvenile court jurisdiction, procedures, powers and duties; programs to prevent delinquency; programs to supervise and rehabilitate delinquent children; creating a gang violence prevention council; establishing a task force on improving services to children and families; granting bonding authority; granting rule-making authority; making an appropriation; and providing a penalty] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] The bill addressed a number of topics related to gang violence and substance abuse by juveniles. One of the topics mentioned in the relating clause was "substitution of judge", but the actual provision in the bill [s. 48.29 (1g), stats] was a narrow limitation on judge substitutions in juvenile court.
Assembly amendment 7 provided for a written affidavit to be submitted with a petition of judge substitution in any criminal trial "that the judge has a personal bias or prejudice either against the defendant or in favor of any adverse party".
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of October 26, 1993 .......... Page: 476
Point of order:
Representative Krug rose to the point of order that assembly amendment 4 to Senate Bill 488 [relating to: mandatory minimum sentences for certain repeat criminal offenders; oleoresin of capsicum and tear gas; participation at parole interviews and hearings; notification to crime victims and protected persons; admissibility of evidence regarding the manner of dress of a complaining
witness; granting rule-making authority; and providing a penalty] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] The bill, which provided primarily for crime victim participation in the parole decision-making process, also provided for 5 years additional incarceration for repeat serious sex crimes and repeat serious violent crimes [felony murder, 2nd degree intentional homicide].
Assembly amendment 4 proposed to create a new Class AB felony, punishable by "imprisonment for 50 years without the possibility of parole", for a repeat conviction for first degree sexual assault or sexual intercourse with a person under the age of 13.
176 The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of October 26, 1993 .......... Page: 446
Point of order:
Representative La Fave rose to the point of order that Assembly amendment 2 to Assembly Bill 666 [relating to increasing to 10 years the period of counting prior convictions, refusals and revocations when determining the penalty for an offense related to operating a motor vehicle while under the influence of an intoxicant] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] For the purpose of sentencing a person convicted of operating a motor vehicle while under the influence of an intoxicant, the bill increased from 5 years to 10 years the period for which the court is allowed to consider prior drunk driving convictions, refusal of blood alcohol tests or license revocations.
The amendment said that for the most recent 5 years, access to operating privilege records would remain limited to the court, D.A.s and other attorneys, but if there had been more than one conviction during the first 5 years, that information could be disclosed to any person making the request.
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of October 14, 1993 .......... Page: 397
Point of order:
Representative Prosser rose to the point of order that assembly substitute amendment 1 to Assembly Bill 70 [relating to changes in the law enforcement officers' bill of rights and the applicability of collective bargaining dispute and disciplinary procedures affecting certain local governmental employes] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
Representative Travis asked unanimous consent that the assembly stand recessed until 1:30 P.M. Granted. The assembly stood recessed. 1:05 P.M.
The assembly reconvened. 1:35 P.M.
[Note:] Both Assembly Bill 70 and substitute amendment 1 referred to "just cause" as an accepted technical term and required standard. The bill applied to all law enforcement officers while the substitute amendment (city, town or village) excluded the state patrol.
The bill proposed to permit law enforcement officers, by collective bargaining agreements, to supersede state law on dismissal, demotion or suspension. The substitute amendment did not permit this but:
The substitute amendment added a secondary appeals method (to an arbitrator), in dismissal, demotion or suspension proceedings that could be appealed only to circuit court under the existing law.
The chair (Speaker pro tempore Carpenter) ruled not well taken the point of order raised by Representative Prosser that assembly substitute amendment 1 to Assembly Bill 70 was not germane.
Assembly Journal of October 5, 1993 .......... Page: 345
Point of order:
177 Representative Notestein rose to the point of order that assembly amendment 1 to Assembly Bill 38 [relating to fees charged certain food processing plants and retail food establishments] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] The bill lowered to $40 the license or reinspection fees charged by the department of Agriculture, Trade and Consumer Protection to food processing plants with an annual production of less than $25,000.
Assembly amendment 1 proposed to grant an exemption from all food licensing and reinspection fees to popcorn poppers and ice makers (unless they also processed other foods) with an annual production of less than $25,000.
The chair (Representative Carpenter) ruled the point of order well taken.
Assembly Journal of January 4, 1993 .......... Page: 9
Point of order:
Representative Travis rose to the point of order that assembly amendment 3 to Assembly Resolution 2 [relating to the standing and special committees of the assembly] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
[Note:] As introduced, the resolution reduced the number of assembly standing committees by 4, renamed many of the remaining standing committees, and created one special committee (gambling oversight) for the 1993-94 session.
Assembly amendment 3 (mandates) and, below, assembly amendment 4 (welfare reform) were minority party proposals each to create an additional committee. They were ruled not germane because they increased the number of standing committees. Both were later resubmitted as amendments to rename one of the remaining standing committees (urban education) and were tabled on straight party votes.
Assembly amendment 5 (proportional representation on committees and subcommittees) and assembly amendment 6 (2-term limit for standing committee chairpersons) both expanded the scope of the resolution by dealing with committee characteristics not affected by the original proposal.
Point of order:
Representative Travis rose to the point of order that assembly amendment 4 to Assembly Resolution 2 was not germane under Assembly Rule and 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of January 4, 1993 .......... Page: 10
Point of order:
Representative Travis rose to the point of order that assembly amendment 5 to Assembly Resolution 2 was not germane under Assembly Rule and 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
178 Assembly amendment 6 to Assembly Resolution 2 offered by Representatives Albers, Prosser, Nass, Welch, Vrakas, Goetsch, Freese, Silbaugh and Hahn.
Point of order:
Representative Travis rose to the point of order that assembly amendment 6 to Assembly Resolution 2 was not germane under Assembly Rule and 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
1 9 9 3 S E N A T E
Senate Journal of October 28, 1993 .......... Page: 553
[Point of order:]
Senator Leean raised the point of order that Senate amendment 1 to Senate substitute amendment 1 to Senate Bill 548 [relating to: gangs; crime; children; controlled substances; law enforcement; substitution of judge; juvenile court jurisdiction, procedures, powers and duties; programs to prevent delinquency; programs to supervise and rehabilitate delinquent children; creating a gang violence prevention council; establishing a task force on improving services to children and families; granting bonding authority; granting rule-making authority; making an appropriation; and providing a penalty] is not germane.
[Note:] Senate amendment 1 to senate substitute amendment 1, not particularly related to juvenile crime and gang violence, generally restricted the sale of short-barrelled (less than 4 inches) hand guns.
Similarly, senate amendment 17 to senate substitute amendment 1 proposed to increase the handgun sales waiting period, generally, from 48 hours to 7 days.
Senate amendment 19 to senate substitute amendment 1 proposed to place general restrictions on the sale or transfer of 21 different types of assault weapons.
The Chair [Senator Lasee] ruled the point well taken.
Senate Journal of October 28, 1993 .......... Page: 555
Senator Leean raised the point of order that Senate amendment 17 to Senate substitute amendment 1 to Senate Bill 548 is not germane.
The Chair [President Rude] ruled the point of order well taken.
Senate Journal of October 28, 1993 .......... Page: 556
Senator Leean raised the point of order that the amendment [Senate amendment 19 to Senate substitute amendment 1 to Senate Bill 548] was not germane.
The Chair [President Rude] ruled the point of order well taken.
Senate Journal of October 26, 1993 .......... Page: 522
[Point of order:]
179 Senator Weeden raised the point of order that Senate amendment 1 to Senate Bill 308 [relating to sexual assault and providing penalties] is not germane.
[Note:] Senate Bill 308 created a new crime of 3 or more sexual assaults on a child who is younger than 16 years old, over a period of at least 90 days. By a cross reference, that crime was incorporated into a statute setting time limits on prosecution for certain crimes against children, with the prosecution to occur within 6 years of the offense "or by the time the victim reaches the age of 21 years, whichever is later".
Senate amendment 1 proposed to expand the scope of the proposal by extending the time limit for prosecution, on all included crimes against children, from 21 years to 25 years of age.
The Chair [President Rude] ruled the point well taken.
Senate Journal of October 7, 1993 .......... Page: 450
[Point of order:]
Senator Huelsman raised the point of order that Senate substitute amendment 1 [to Senate Bill 314, relating to the limits on liability for improvements to real property] was not germane.
