207 The Chair [President Risser] ruled the point of order well taken. [Intervening text omitted.]
Senator Feingold raised the point of order that senate amendment 3 is not germane. The chair ruled the point of order well taken. [Intervening text omitted.]
Senator Ulichny raised the point of order that senate amendment 1 is not germane. The chair ruled the point of order well taken.
Senator Chilsen appealed the ruling of the Chair. The question was: Shall the ruling of the Chair stand as the judgment of the Senate? The ayes and noes were required and the vote was: [Display of roll call vote omitted; ayes-20, noes-11.] So the ruling of the Chair stood as the judgment of the Senate.
Senate Journal of March 15, 1988 .......... Page: 704
[Point of order:]
Senator Feingold raised the point of order that the amendment [senate substitute amendment 1 to Senate Bill 505, relating to changing the maximum finance charge permitted in certain open-end credit plans that do not use a seller credit card] was not germane.
[Note:] The law provided an annual interest ceiling of 18% for most credit card purchases. SB 505 retained the 18% limit for store credit cards, but proposed to set the interest rate for general credit cards (Visa, Mastercard, etc.) at 7% above the interest rate applicable to 6-month U.S. treasury bills.
S.SubAmdt.1 proposed to deregulate (remove any interest ceiling) all open-ended credit cards.
The Chair [President Risser] ruled the point of order well taken.
Senate Journal of March 10, 1988 .......... Page: 690
[Point of order:]
Senator Van Sistine raised the point of order that senate amendment 1 [to Assembly Bill 189, relating to the preference categories for special deer hunting permits] is not germane.
[Note:] AB 189 reached the Senate in the form of A.SubAmdt.2, limited to "eligibility for special deer hunting permits" for certain land owners.
S.Amdt.1 proposed similar special land owner hunting permits for wild turkey hunting.
The Chair [President Risser] ruled the point of order well taken.
Senate Journal of February 11, 1988 .......... Page: 592
[Point of order:]
208 Senator Czarnezki raised the point of order that senate amendment 1 [to Senate Bill 244, relating to collective bargaining of school class size and the number and length of teacher preparation periods in 1st class city school districts] is not germane.
[Note:] By its relating clause and in its text, SB 244 was restricted to apply only to the city of Milwaukee.
S.Amdt.1 was a floor amendment removing the "first class city" restriction from the text (but not, the relating clause) of the bill.
By removing the first class city restriction, S.Amdt.1 to expanded the bill's scope as to "totally alter the nature" of the proposal in violation of S.Rule 50 (1).
The Chair [President Risser] ruled the point of order well taken.
Senate Journal of October 13, 1987 .......... Page: 400
[Point of order:]
Senator Helbach raised the point of order that senate amendment 6 [to Senate Bill 134, relating to the sale of farm machinery and equipment manufactured in prisons and providing a penalty] was not germane.
[Note:] State law prohibits most goods manufactured wholly or partly by inmates in any state, city or county penal institution from being offered for sale in the open market, but the prohibition does not apply to prison-made farm machinery and farm implements and tools.
The bill proposed to prohibit sale in Wisconsin of "any farm machinery or equipment which is manufactured in whole or in part in any penal institution inside or outside of this state".
S.Amdt.6 was a poorly drafted floor amendment adding, after "penal institution inside or outside of this state", the words "or in the Soviet Union". It is likely that the amendment was intended to prohibit not prison-made Soviet goods but, rather, farm tractors built by Soviet industry. Although the amendment was ruled germane, its adoption failed, ayes-12, noes-20.
The chair ruled the point of order not well taken.
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Assembly Journal of March 25, 1986 .......... Page: 996
Point of order:
Representative Mark Lewis rose to the point of order that assembly amendment 4 to assembly substitute amendment 3 to Assembly Bill 903 [relating to export loans, economic development loans and disclosure of grant or loan information] was not germane under Assembly Rule 54.
[Note:] The amendment proposed a new WHEDA program of small business loan guarantees, expanding the scope of the proposal.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
209Assembly Journal of March 13, 1986 .......... Page: 866
Point of order:
Representative Wood rose to the point of order that assembly substitute amendment 1 to Assembly Bill 216 [relating to a property tax exemption for nonprofit theaters] was not germane under Assembly Rule 54 (3)(f).
[Note:] By proposing an exemption for both nonprofit theaters and "performing arts studios", the substitute amendment substantially expanded the scope of the proposal.
The speaker [Loftus] ruled the point of order well taken.
Assembly Journal of March 6, 1986 .......... Page: 815
Point of order:
Representative T. Thompson rose to the point of order that assembly amendment 1 to Assembly Bill 38 [relating to criminal damage to cemetery property and seizure and forfeiture of vehicles] was not germane under Assembly Rule 54 (3)(f) [expansion of scope].
[Note:] The bill was limited to possible forfeiture of vehicles used to cause more then $1,000 criminal damage to cemetery property.
A.Amdt.1, by deleting the reference to "cemetery", would have made any vehicle subject to possible forfeiture if it was used to cause more than $1,000 criminmal damage to property of any kind.
The speaker [Loftus] ruled the point of order well taken.
Assembly Journal of March 4, 1986 .......... Page: 791
Point of order:
Representative Becker rose to the point of order that assembly amendment 7 to assembly substitute amendment 1 to Assembly Bill 375 [relating to creating penalties for habitual truancy and contributing to or encouraging a child's truancy] was not germane under Assembly Rule 54 (3)(f) [expansion of scope].
[Note:] A.Sub.1 was limited to a revision of the existing penalties for truancy and defined a new misdemeanor of encouraging a child's truancy.
A.Amdt.7 proposed to define a new felony, child enticement. The only connection with the truancy issue was that one form of child enticement could happen on school grounds.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of February 25, 1986 .......... Page: 753
Point of order:
210 Representative Hephner rose to the point of order that assembly amendment 9 to Senate Bill 118 [relating to penalties for persons who violate the alcohol beverage laws, to dealings between brewers, wholesalers and retailers, to technical and minor policy
changes in regard to alcohol beverages, and alcohol beverage, tobacco, cigarette and fuel taxes, and providing a penalty] was not germane under Assembly Rule 54 (3)(f) [expansion of scope].
[Note:] A.Amdt.9 proposed to exempt indoor horseshoe-pitching facilities from the general tavern closing hours.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of February 11, 1986 .......... Page: 673
Point of order:
Representative T. Thompson rose to the point of order that assembly amendment 4 to assembly substitute amendment 1 to Assembly Joint Resolution 59 [relating to 4-year terms of office for sheriffs (first consideration)] was not germane under Assembly Rule 54 (3)(f) [expansion of scope]. The speaker took the point of order under advisement.
[Note:] AJR 59 related to 4-year terms of office for one county officer (sheriff). A.Amdt.4 removed the restriction, thus changing the term of all county officers from 2 years to 4 years.
The assembly agreed that AJR 59 was the appropriate vehicle to consider 4-year terms for county officers in the 1986 floorperiod. Rejection of A.Amdt.4 failed 47 to 50, committee referral failed 26 to 71, and adoption passed 74 to 22.
Assembly Journal of February 11, 1986 .......... Page: 674
Ruling on the point of order:
The speaker [Loftus] ruled not well taken the point of order that assembly amendment 4 to assembly substitute amendment 1 to Assembly Joint Resolution 59 was not germane under Assembly Rule 54 (3)(f).
Assembly Journal of October 16, 1985 .......... Page: 450
Point of order:
Representative Wimmer rose to the point of order that assembly amendment 6 to assembly substitute amendment 1 to Assembly Joint Resolution 45 [relating to excepting pari-mutuel betting on horse racing from the prohibition against legislative authorization of lotteries (first consideration)] was not germane under Assembly Rule 54.
[Note:] As introduced, the constitutional amendment was limited to pari-mutuel betting on horse racing. A.Amdt.6 to A.Sub.1, permitting pari-mutuel betting on dog racing, was considered an expansion of scope.
In the senate [Sen.Jour. 2/20/86, p. 611], substituting "horse and dog" for "horse" was allowed as a detail of granting a pari-mutuel betting exception from the lottery prohibition.
A conference committee later deleted all reference to specific animals, authorizing "pari-mutuel on-track betting".
The speaker [Loftus] ruled the point of order well taken.
211Assembly Journal of October 10, 1985 .......... Page: 415
Point of order:
The question was: Shall assembly amendment 4 to Assembly Bill 141 [relating to interstate banking, the powers of banks, regulating control of certain deposit-taking institutions and granting rule-making authority] be adopted? Motion carried.
Representative Shoemaker rose to the point of order that assembly amendment 6 to Assembly Bill 141 was not germane under Assembly Rule 54.
The speaker [Loftus] ruled the point of order not timely.
The question was: Shall assembly amendment 1 to assembly amendment 6 to Assembly Bill 141 be adopted? Motion carried. [Intervening text omitted]
[Note:] A point of order may be raised only while the question it concerns is before the house and not yet decided; A.Rule 62 (4).
When the pending question is action on a 2nd degree amendment to an amendment, a point of order questioning the germaneness of the first degree amendment is not proper under the rules, but was here allowed by unanimous consent to save time.
The bill was an annotated proposal, introduced by the legislative council, to adjust Wisconsin law on interstate banking and the powers of banks to the federal "Douglas" amendment to the bank holding company act, 12 U.S.C. sec. 1842(d). The Douglas amendment applies exclusively to financial institutions chartered as "banks".
A.Amdt.6 tried to expand the scope to include credit unions and savings and loan associations. When the point of order was raised, there were 4 amendments to A.Amdt.6 pending.
Representative T. Thompson asked unanimous consent that the rules be suspended and that the speaker rule on the germaneness of assembly amendment 6 to Assembly Bill 141 prior to the consideration of the amendments to assembly amendment 6 to Assembly Bill 14. Granted.
Representative Shoemaker rose to the point of order that assembly amendment 6 to Assembly Bill 141 was not germane under Assembly Rule 54. The speaker took the point of order under advisement.
Representative Becker asked unanimous consent that the assembly stand recessed for ten minutes. Granted. [Intervening text omitted]
The speaker [Loftus] ruled well taken the point of order that assembly amendment 6 to Assembly Bill 141 was not germane under Assembly Rule 54.
Assembly Journal of May 23, 1985 .......... Page: 163
Point of order:
Representative Black rose to the point of order that assembly amendment 1 to Assembly Bill 226 [relating to revising penalties related to the Wisconsin pollution discharge elimination system] was not germane under Assembly Rule 54 (3)(f). The speaker took the point of order under advisement.
212Assembly Journal of May 23, 1985 .......... Page: 164
Representative Black rose to the point of order that assembly amendment 1 to assembly amendment 2 to Assembly Bill 226 was not germane under Assembly Rule 54 (3)(f). The speaker took the point of order under advisement.
[Note:] The bill created, without changing the existing penalty structure, a minimum $10 penalty to be imposed for wilful, negligent or repeated violations or for knowing falsification or misrepresentation.
There is a state-aided program to assist feed lots with pollution abatement. A.Amdt.1 provided that no penalty (incl. existing penalties) could be assessed for "discharge of animal wastes if public funds for cost-sharing projects to abate the condition causing the violation are not available".
A.Amdt.2 exempted animal feeding operations from the minimum penalty provision of the bill. A.Amdt.1 to A.Amdt.2 again tried to exempt animal waste discharges from the existing penalty structure.
Assembly Journal of May 29, 1985 .......... Page: 172
Ruling on the point of order:
The speaker [Loftus] ruled that assembly amendment 1 to Assembly Bill 226 and assembly amendment 1 to assembly amendment 2 to Assembly Bill 226 were not germane under Assembly Rule 54 and the points of order raised by Representative Black on Thursday, May 23, well taken.
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Senate Journal of May 22, 1986 .......... Page: 916-17
[Point of order:]
Senator Strohl raised the point of order that senate amendment 7 [to Senate Bill 1, May 1986 Spec. Sess., relating to raising the legal drinking age to 21] was not germane.
The chair [Pres. Risser] ruled the point of order well taken.
[Note:] The bill was limited to raising the legal drinking age to 21. S.Amdt.7 proposed a uniform statewide bar closing time of 2 a.m.
S.Amdt.15 [below] attempted to attach a mandatory seat belt law to the drinking age bill.
Senator Andrea raised the point of order that senate amendment 15 was not germane.
