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.
The chair ruled the point of order well taken.
Senate Journal of March 24, 1986 .......... Page: 773
[Point of order:]
213 Senator Engeleiter raised the point of order that senate amendment 14 [to Senate Bill 642, relating to the interstate acquisition, establishment and merger of banks, credit unions and savings and loan associations, the powers of banks, credit unions and savings
and loan associations, the regulation of credit unions and savings and loan associations, regulating control of certain deposit-taking institutions, granting rule-making authority and providing penalties] was not germane.
[Note:] S.Amdt.14 proposed a specific change in the law governing variable rate loans for mobile homes; that change was not a required detail for dealing with the issues of interstate acquisition or merger of financial institutions.
The chair [Pres. Risser] ruled the point of order well taken.
Senate Journal of March 18, 1986 .......... Page: 725
[Point of order:]
Senator Adelman raised the point of order that senate amendment 2 [to Assembly Bill 407, relating to state records and forms management and reporting, standards for photographic reproduction of public records, preservation of essential public records, availability of services provided by the microfilm laboratory of the department of health and social services and printing by prison industries] was not germane. The chair took the point of order under advisement.
Senate Journal of March 19, 1986 .......... Page: 732
Ruling of the chair:
On Tuesday, March 18, 1986, the senator from the 28th, Senator Adelman, raised the point of order that senate amendment 2 to Assembly Bill 407 was not germane. Assembly Bill 407 relates to a number of issues dealing with public records at the state and local unit of government level. The bill deals with reproduction of records, preservation of essential records, the DHSS microfilm laboratory and state forms management.
Senate amendment 2 would outline the procedures used by a city of the 1st class to charge for reproduction of records and defines what may be included in "actual costs".
The bill itself does have language in it dealing with reproduction of records; however, this language only deals with a custodian making a photographic reproduction to be maintained in place of the original. Nowhere does the bill relate to providing copies of public documents to the public, nor the process for establishing a fee for such service. Therefore, it is the opinion of the chair [Pres. Risser] that the amendment is not germane and the point of order raised by the senator from the 28th is well taken.
Senate Journal of March 18, 1986 .......... Page: 724
[Point of order:]
Senator Van Sistine raised the point of order that senate amendment 3 [to Assembly Bill 387, relating to product liability insurance reports] was not germane.
[Note:] The bill was limited to reporting requirements for insurance companies selling product liability insurance. S.Amdt.3 proposed a new statute restricting product liability actions against the seller of the product.
S.Amdt.4 [below] proposed a new statute codifying common defenses in product liability actions. S.Amdt.5 proposed a 3-year statute of limitations for all product liability actions.
214 The chair [Pres. Risser] ruled the point of order well taken.
[Point of order:]
Senator Van Sistine raised the point of order that senate amendment 4 was not germane.
The chair [Pres. Risser] ruled the point of order well taken.
[Point of order:]
Senator Van Sistine raised the point of order that senate amendment 5 was not germane.
The chair [Pres. Risser] ruled the point of order well taken.
Senate Journal of March 18, 1986 .......... Page: 727
[Point of order:]
Senator Feingold raised the point of order that senate amendment 5 [to Assembly Bill 303, relating to technical and minor policy changes in respect to the income and franchise taxes] was not germane.
[Note:] S.Amdt.5 proposed a new program of revenue information and analysis to be carried out by the department of revenue for report to the governor and the legislature.
The chair [Pres. Risser] ruled the point of order well taken.
Senate Journal of March 13, 1986 .......... Page: 705
[Point of order:]
Senator Lee raised the point of order that senate amendment 1 [to Assembly Bill 9, relating to town disapproval of proposed county zoning changes] was not germane. The chair took the point of order under advisement.
Senate Journal of March 19, 1986 .......... Page: 732
Ruling of the chair:
On Thursday, March 13, 1986, the senator from the 5th, Senator Lee, raised the point of order that senate amendment 1 to Assembly Bill 9 was not germane. The chair took the point of order under advisement.
Assembly Bill 9 would amend current law to change from 10 days to 30 days the amount of time a town has to file with a county proposing to amend the county zoning law the town's resolution disapproving the proposed amendment.
Senate amendment 1 would create new law to allow a town to rescind its approval of a county zoning ordinance. The chair will quote Section 402(2) of Mason's Manual of Legislative Procedure: "To determine whether an amendment is germane, the question to be answered is whether the question is relevant, appropriate, and in a natural and logical sequence to the subject matter of the original proposal."
The introduction of the new language of senate amendment 1 does not appear to answer the above criteria. To add language permitting total withdrawal from county zoning to a bill which merely extends the review of a town board for proposed changes would be greatly expanding the scope of the original proposal.
215 Therefore, it is the opinion of the chair [Pres. Risser] that senate amendment 1 to Assembly Bill 9 is not germane and the point of order raised by the senator from the 5th is well taken.
Senate Journal of March 13, 1986 .......... Page: 704
[Point of order:]
Senator Adelman raised the point of order that senate amendment 1 to senate substitute amendment 1 [to Assembly Bill 425, relating to videotape statements and depositions by children] was not germane. The chair took the point of order under advisement.
Senate Journal of March 19, 1986 .......... Page: 731
Ruling of the chair:
On Thursday, March 13, 1986, the senator from the 28th, Senator Adelman, raised the point of order that senate amendment 1 to senate substitute amendment 1 to Assembly Bill 425 was not germane. The chair took the point of order under advisement.
Assembly Bill 425 and senate substitute amendment 1 thereto relate to videotaped statements and depositions by children. Senate amendment 1 to senate substitute amendment 1 would add new language to the bill relating to the prosecution of cases of sexual assault involving a young child. The bill itself speaks only to videotaped statements and depositions and the rights of the defendants in regards to use of such testimony. The chair is unable to find any language which would relate to the prosecution of sexual assault cases involving young children. The amendment in fact amends the relating clause of the bill to add such language.
Therefore, it is the opinion of the chair [Pres. Risser] that senate amendment 1 would expand the scope of the bill and in accordance with Senate Rule 50, the amendment is not germane and the point of order raised by the senator from the 28th is well taken.
Senate Journal of March 4, 1986 .......... Page: 649
[Point of order:]
Senator Cullen raised the point of order that senate substitute amendment 2 [to Senate Bill 446, relating to penalties for certain alcohol beverages violations] was not germane.
[Note:] The bill was limited to doubling the maximum forfeitures for underage persons procuring, possessing or consuming alcohol beverages.
S.Sub.2, while retaining those provisions, also increased the drinking age from 19 to 21.
The chair [Pres. Risser] ruled the point of order well taken.
Senate Journal of February 18, 1986 .......... Page: 601
[Point of order:]
216 Senator Plewa raised the point of order that senate amendment 4 to assembly substitute amendment 1 [to Senate Bill 217, relating to mobile home parks] was not germane.
[Note:] Under A.Sub.1, a mobile home park lease could be terminated if the physical appearance of the mobile home "substantially disrupts the right to the enjoyment and use of the park by others".
While removal of the qualifier "substantially" by S.Amdt.4 may have changed the standard for invoking that termination clause, it did not broaden the scope or change the nature of the proposal.
The chair [Pres. Risser] ruled the point of order not well taken.
Senate Journal of October 16, 1985 .......... Page: 419
[Point of order:]
Senator Feingold raised the point of order that senate amendment 3 [to Senate Bill 10, 1985 Sept. Spec. Sess., relating to awards of costs to individuals and small businesses and making an appropriation] was not germane.
The chair [Pres. Risser] ruled the point of order well taken.
[Note:] The bill concerned awarding of costs to a prevailing private party in contested administrative procedure cases against a state agency. S.Amdt.3 attempted to broaden this to include local units of government.
S.Amdt.4 [below] expanded the scope of the bill to cover also environmental citizen suits.
