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.
[Note:] The existing statute prohibited actions for injury arising from the defective or unsafe condition of improvements to real estate more than 6 years after substantial completion of the improvements. That provision had been held unconstitutional in a 1989 case.
Senate Bill 314 extended the period to 10 years after substantial completion of the improvement. Generally, a person did not have a right to sue for an injury or wrongful death resulting from a deficiency or defect in an improvement to real property that occurs more than 10 years after the substantial completion of the improvement.
Senate substitute amendment 1, by substituting a 6-year statute of limitations that begins to run when the injury occurs rather then when the improvement is completed, amounted to a significant expansion of the scope of the proposal and changed the character of the proposal.
The Chair [President Rude] ruled the point well taken.
Senate Journal of October 7, 1993 .......... Page: 449
[Point of order:]
Senator Schultz raised the point of order that Senate amendment 1 to Senate Bill 238 [relating to licensure of the superintendent of the Milwaukee public schools and excluding the position of assistant superintendent in the Milwaukee public schools from the classified service and from tenure provisions] was not germane.
180 [Note:] The 1991 legislature enacted a law, with a 7/1/95 sunset, permitting the Milwaukee board of the public schools to appoint a superintendent of schools who is not licensed by the state department of public instruction.
1993 Senate Bill 238 proposed to make the Milwaukee licensing exemption permanent.
Senate amendment 1 expanded the scope of the proposal by authorizing any school district or individual to apply to the state superintendent for a waiver of any of the administrative rules relating to the requirements for a license as a school district administrator if that individual has experience comparable to the experience required by the rule.
The Chair [President Rude] ruled the point well taken.
1 9 9 1 A S S E M B L Y
Assembly Journal of May 5, 1992 .......... Page: 1175
Point of order:
Representative Medinger rose to the point of order that assembly amendment 1 to Assembly Bill 3, April 1992 Spec.Sess., [relating to restricting gambling conducted by the state to the forms of gambling that the state is currently conducting, and the forms of gambling that may be conducted by Indians on tribal lands] was not germane under Assembly Rule 54 (3) (f).
[Note:] A.Amdt-1 attempted to limit the law-making power of the legislature so that any future bill to legalize a new form of gambling would require ratification by the people in a referendum.
For a contrary ruling, see Sen.Jour. of 6/2/92 at p. 1006.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of March 3, 1992 .......... Page: 901
Point of order:
Representative Seery rose to the point of order that assembly amendment 1 to Assembly Bill 977 [relating to suspension of aid to families with dependent children payments because of certain acts] was not germane under Assembly Rule 54 (3) (f). The chair took the point of order under advisement.
Assembly Journal of March 4, 1992 .......... Page: 914
Ruling of the chair:
The speaker [Speaker Kunicki] ruled well taken the point of order raised by Representative Seery on Tuesday, March 3 that assembly amendment 1 to Assembly Bill 977 was not germane.
181 [Note:] As introduced, 1991 AB 977 provided that only a court could decide to suspend an individual's eligibility for AFDC because the individual misrepresented or withheld certain information.
A.Amdt-1 expanded the scope of the proposal by adding that the decision to suspend could also be based on an administrative hearing.
A.Amdt-2 clarified the intent of the proposal so that, except in case of extreme hardship as determined by the general relief agency, the individual whose AFDC eligibility was suspended by the court would also be ineligible for general relief during the suspension.
A.Sub.Amdt-1 combined the original bill with A.Amdt-2, but also included the administrative hearing proposed by A.Amdt-1.
Assembly Journal of March 3, 1992 .......... Page: 901
Point of order:
Representative Seery rose to the point of order that assembly amendment 2 to Assembly Bill 977 was not germane under Assembly Rule 54 (3) (f). The chair took the point of order under advisement.
Assembly Journal of March 4, 1992 .......... Page: 913
Ruling of the chair:
The speaker ruled not well taken the point of order raised by Representative Seery on Tuesday, March 3 that assembly amendment 2 to Assembly Bill 977 was not germane.
Assembly Journal of March 4, 1992 .......... Page: 914
Point of order:
Representative Barca rose to the point of order that assembly substitute amendment 1 to Assembly Bill 977 was not germane under Assembly Rule 54 (3) (f). The speaker took the point of order under advisement.
Ruling of the chair:
The speaker ruled well taken the point of order raised by Representative Barca that assembly substitute amendment 1 to Assembly Bill 977 was not germane.
Assembly Journal of February 27, 1992 .......... Page: 877
Point of order:
Representative Seery rose to the point of order that assembly amendment 2 to Assembly Bill 867 [relating to siting standards for mound private sewage systems and granting rule-making authority] was not germane under Assembly Rule 54 (3) (f).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
[Note:] The bill brought "mound system" private sewage systems under the state plumbing code prumulgated by DILHR. A narrow exception, subject to specified standards, covered private mound systems in Wisconsin areas with bedrock greater than 550 million years in age.
A.Amdt-2 broadened the exception to apply also to sites within 75 miles of the bedrock areas.
A.Amdt-3 deleted the exception's limitation to the bedrock areas.
Point of order:
Representative Seery rose to the point of order that assembly amendment 3 to Assembly Bill 867 was not germane under Assembly Rule 54 (3) (f).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of February 27, 1992 .......... Page: 876
Point of order:
182 Representative Seery rose to the point of order that assembly substitute amendment 1 to Assembly Bill 867 [relating to siting standards for mound private sewage systems and granting rule-making authority] was not germane under Assembly Rule 54 (3) (f).
[Note:] The bill brought "mound system" private sewage systems under the state plumbing code promulgated by DILHR. A narrow exception, subject to specified standards, covered private mound systems in Wisconsin areas with bedrock greater than 550 million years in age.
A.Sub.Amdt-1 broadened the scope of the proposal by deleting the general regulation of private mound sewage systems and the exception's limitation to certain bedrock areas, keeping only the specified standards proposed by the legislature.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of February 11, 1992 .......... Page: 810
Point of order:
Representative Huber rose to the point of order that assembly substitute amendment 1 to Assembly Bill 452 [relating to worthless checks made to fermented malt beverages dealers] was not germane under Assembly Rule 54 (3) (f).
[Note:] The amendment expanded the scope of the proposal by making the penalty apply to all insufficient checks given for past consideration, including payroll checks.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of January 30, 1992 .......... Page: 761
Point of order:
Representative Prosser rose to the point of order that assembly amendment 1 to assembly substitute amendment 1 to Assembly Bill 590 [relating to a state energy policy and granting rule-making authority] was not germane under Assembly Rule 54 (3) (f). The chair took the point of order under advisement.
[Note:] As shown by A.Sub.Amdt-1, 1991 AB 590 required state agencies to establish energy conservation objectives guiding their operations.
A.Amdt-1 to the substitute attempted to expand the scope of the proposal by applying the conservation guidelines not only to energy demands created by a state agency but also to energy demands regulated by a state agency - thus covering also all private use in Wisconsin of any form of energy regulated by the public service commission or any other state agency.
Assembly Journal of January 30, 1992 .......... Page: 762
Ruling of the chair:
183 The speaker [Speaker Kunicki] ruled well taken the point of order raised by Representative Prosser that assembly amendment 1 to assembly substitute amendment 1 to Assembly Bill 590 was not germane.
Assembly Journal of November 5, 1991 .......... Page: 642
Point of order:
Representative Linton rose to the point of order that assembly substitute amendment 1 to Assembly Bill 547 [relating to special distinguishing registration plates for veterans of the attack on Pearl Harbor] was not germane under Assembly Rule 54 (3) (f).
[Note:] The bill proposed to add a single class - veterans of the attack on Pearl Harbor - to the more than 50 classes already listed in the printed 1989 statutes as qualified for identification on personalized motor vehicle license plates.
A.Sub.Amdt-1 expanded the scope of the proposal by listing another 23 incidents in World War II, Korea and Vietnam for identification on personalized plates.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of July 3, 1991 .......... Page: 379
Point of order:
Representative Welch rose to the point of order that assembly amendment 9 to Assembly Bill 485 [relating to providing that the Wisconsin housing and economic development authority may issue bonds and notes for loans to finance construction, renovation and development of property to be used primarily as a sports and entertainment home stadium; providing a property tax exemption and sales tax exemptions related to certain stadiums; the administrative costs of the county sales tax; and an income and franchise tax exemption] was not germane under Assembly Rule 54 (3) (f).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
