264 Senator Petak raised the point of order that Senate amendment 2 [to Senate Resolution 7, "relating to the conduct of legislative campaign committees in the senate"] is not germane.
[Note:] As introduced, 1993 Senate Resolution 7 dealt solely with prohibiting the solicitation of funds, by legislative campaign committees in the senate, from lobbyists or from political action committees that are controlled by an organization that employs or retains a lobbyist, at any time except during the June 1 to November period in even-numbered years.
Senate amendment 2 introduced a separate new subject, prohibiting every senate candidate from making campaign disbursements exceeding the levels authorized by statute for senate candidates accepting public campaign funding.
Senate amendment 4 attempted to prohibit the solicitation or acceptance of any campaign contribution exceeding $500 by any legislative or personal campaign committee for senate office.
The Chair [Senator Lasee] ruled the point well taken.
Senator Ellis raised that point of order that Senate amendment 4 to Senate Resolution 7 was not germane.
The Chair ruled the point well taken.
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Assembly Journal of May 20, 1992 .......... Page: 1227
Point of order:
Representative Notestein rose to the point of order that assembly amendment 2 to Senate Bill 4, October 1991 Spec.Sess., [relating to the issuance of promissory notes by 1st class city school districts] was not germane under Assembly Rule 54 (3) (f).
[Note:] The bill was limited to authorizing a $35 million bond issue by the Milwaukee common council to provide additional classroom space for anticipated enrollment increases in the Milwaukee school district.
A.Amdt-2 authorized the superintendent of Milwaukee schools to appoint a business manager.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of March 25, 1992 .......... Page: 1060
Point of order:
Representative Wood rose to the point of order that assembly amendment 1 to Assembly Bill 949 [relating to license and reinspection fees for retail food establishments and food warehouses] was not germane under Assembly Rule 54 (3) (f).
[Note:] The bill was limited to changing the annual license fees imposed on retail food establishments and food warehouses handling food that is not potentially dangerous by lowering the fee on small retailers and warehouses and increasing the fees for large establishments.
A.Amdt-1 proposed to exempt popcorn-popping establishments from retail food licensing requirements.
265 The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of February 13, 1992 .......... Page: 828
Point of order:
Representative Hauke rose to the point of order that assembly amendment 1 to Assembly Bill 591 [relating to immunity for physicians who provide medical care to athletic participants] was not germane under Assembly Rule 54 (3) (f). The chair took the point of order under advisement.
[Note:] The bill provided "good Samaritan" protection to physicians who, without compensation, provide medical care to participants at nonprofit athletic events including those sponsored by schools.
A.Amdt-1 attempted to expand the scope of the proposal by adding "good Samaritan" civil liability protection for ski patrol members.
Assembly Journal of February 13, 1992 .......... Page: 831
Ruling of the chair:
The chair [Rep. Clarenbach, speaker pro tem] ruled well taken the point of order raised by Representative Hauke that assembly amendment 1 to Assembly Bill 591 was not germane.
Assembly Journal of July 3, 1991 .......... Page: 380
Point of order:
Representative Welch rose to the point of order that assembly amendment 13 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) (a) [one individual proposition amending a different individual proposition].
[Note:] 1991 AB 485 allowed WHEDA financing of a loan not exceeding $35 million for the purpose of building a new home stadium for the Milwaukee Brewers baseball team.
A.Amdt-13 proposed to increase WHEDA bonding authority by $14 million for the purpose of constructing a parking facility adjacent to the existing Wilson street state office building, to be used jointly by the state and by the city of Madison in conjunction with the Monona Terrace project.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of March 12, 1991 .......... Page: 110
Point of order:
266 Representative Krug rose to the point of order that assembly amendment 1 to assembly substitute amendment 1 to Assembly Bill 5, January 1991 Spec.Sess., [relating to dangerous weapons and providing penalties] was not germane under Assembly Rule 54.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
[Note:] The original bill eliminated the court's discretion to substitute probation for the statutory minimum sentences for crimes committed while using or threatening the use of a dangerous weapon, resulting in mandatory minimum imprisonment, and provided for a minimum imprisonment on conviction for misdemeanors involving a dangerous weapon.
A.Sub.Amdt-1 accomplished the same purpose as the proposal by making more specific the conditions for mandatory imprisonment, and by limiting to certain specified conditions the court's discretion to substitute probation.
A.Amdt-1 to A.Sub.Amdt-1 attempted to expand the proposal by applying mandatory minimum sentences not only to offenses involving dangerous weapons, but also to crimes and misdemeanors committed with the help of a motor vehicle operated after revocation or suspension of the defendant's drivers license. An amendment that substantially expands the scope of the proposal is not germane; A.Rule 54 (3) (f).
A.Sub.Amdt-4 further refined the conditions for mandatory imprisonment and continued the limited court discretion for substituting probation.
A.Amdt-2 to A.Sub.Amdt-4, requiring notification of all victims in case probation was substituted, attempted to address a different individual proposition; A.Rule 54 (3) (a).
A.Amdt-3 to A.Sub.Amdt-4, a hand-written floor amendment requiring the court to publish its reasons in each case of substituting probation for mandatory minimum incarceration "in the county newspaper of record", might have been considered frivolous and inadmissible under A.Rule 54 (2).
Point of order:
Representative Travis rose to the point of order that assembly amendment 2 to assembly substitute amendment 4 to Assembly Bill 5, January 1991 Spec.Sess., was not germane under Assembly Rule 54.
The chair ruled the point of order well taken.
Point of order:
Representative Travis rose to the point of order that assembly amendment 3 to assembly substitute amendment 4 to Assembly Bill 5, January 1991 Spec.Sess., was not germane under Assembly Rule 54.
The chair ruled the point of order well taken.
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Senate Journal of April 16, 1991 .......... Page: 190
[Point of order:]
267 Senator Jauch raised the point of order that Senate amendment 1 [to Assembly Bill 18, relating to allowing certain trailers to be drawn by a truck tractor without a permit] is not germane.
[Note:] 1991 AB 18 was limited to amending an existing statute so that not only a truck, but also a truck-tractor, could without a special permit pull 2 farm trailers loaded with empty liquid fertilizer tanks, 2 implements of husbandry or 2 empty farm trailers used as implements of husbandry.
S.Amdt-1 proposed to amend a different statute and expanded the scope of the proposal by requiring truck loads of sand, gravel or dirt transported on a highway to be covered so as to prevent the material from dropping or sifting on the highway.
The Chair [President Risser] ruled the point well taken.
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Assembly Journal of March 6, 1990 .......... Page: 781
Point of order:
Representative Plache rose to the point of order that assembly amendment 2 to Assembly Bill 822 [relating to creating a pilot health care provider program] was not germane under Assembly Rule 54 (3).
[Note:] The bill created a pilot program, limited to Brown and Racine counties, of unpaid volunteer service by licensed physicians, dentists, registered nurses or optometrists. For the purpose of risk coverage, the volunteers were to be considered agents of the state.
A.Amdt-2 proposed lowering a statutory limit on noneconomic damage awards in medical malpractice suits.
Under A.Rule 54 (3) (a), one individual proposition amending another individual proposition is not germane.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of November 1, 1989 .......... Page: 425
Point of order:
Representative Notestein rose to the point of order that assembly amendment 1 to assembly substitute amendment 1 to Assembly Bill 218 [relating to discrimination against students in the university of Wisconsin system and the vocational, technical and adult education system and granting rule-making authority] was not germane under Assembly Rule 54 (3).
268 [Note:] A.Sub.Amdt-1 prohibited UW or VTAE discrimination against students, including admission to the institution, "because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status".
A.Amdt-1 to the substitute added an additional criterion: "or solely because of the high school from which the student graduated".
The amendment was not related to the traditional criteria for which discrimination is prohibited [see s. 111.321, stats]. Instead, it attempted to supersede the educational prerequisites for higher education.
The amendment was an "individual proposition amending another individual proposition", identified as not germane by A.Rule 54 (3) (a).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of October 11, 1989 .......... Page: 348
Point of order:
Representative Barrett rose to the point of order that assembly substitute amendment 1 to Assembly Bill 433 [relating to the recommendations made by planning councils under the special transfer program to reduce racial imbalance] was not germane under Assembly Rule 54 (3).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
[Note:] 1989 AB 433 was limited to the deletion of "socioeconomic" factors from the array of factors to be considered by planning councils of Milwaukee county school districts in making recommendations to their respective school boards for pupil transfers from one attendance area to another so as to reduce racial imbalance.
A.Sub.Amdt. 1 did not affect planning council procedures. Instead, the substitute proposed a list of 8 criteria and required that any pupil transferred from one attendance area to another meet at least 3 of the criteria. The substitute was not germane because it totally altered the nature of the proposal.
A.Amdt-1 (below) attempted to add the content of A.Sub.Amdt. 1 to the original bill. Under A.Rule 54 (3) (a), an amendment to add one individual proposition to a different individual proposition is not germane.
Point of order (p. 349):
Representative Barrett rose to the point of order that assembly amendment 1 to Assembly Bill 433 was not germane under Assembly Rule 54 (3).
The chair ruled the point of order well taken.
Assembly Journal of October 10, 1989 .......... Page: 340
Point of order:
Representative Notestein rose to the point of order that assembly amendment 1 to assembly substitute amendment 2 to Assembly Bill 461 [relating to instruction in public schools on the transmission of the human immunodeficiency virus and on acquired immunodeficiency syndrome] was not germane under Assembly Rule 54 (3). The chair took the point of order under advisement.
269 [Note:] The bill required expanding public school health education courses to include information on the transmission of the HIV virus and of the AIDS disease.
A.Amdt-2 proposed to ingraft a different issue: requiring any sex education to "emphasize that abstinence from sexual activity is the only completely reliable means of preventing unwanted pregnancy" and of preventing the spread of AIDS and the HIV virus.
One individual proposition amending another individual proposition is not germane; A.Rule 54 (3) (a).
Ruling of the chair:
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of June 8, 1989 .......... Page: 214
Point of order:
Representative Coleman rose to the point of order that assembly amendment 10 to Senate Bill 7 [relating to making permanent the requirement that certain motor vehicle operators and passengers use safety belts] was not germane under Assembly Rule 54 (1).
Representative Hauke asked unanimous consent that the assembly stand informal for twenty-five minutes. Granted.
[Note (the information appears to contradict ruling made):] The bill was limited to delaying the sunset date for mandatory seat belt use from June 30, 1989, to June 30, 1991, and providing for a November 1990 advisory referendum on making the seat belt law permanent.
A.Amdt-10 expanded the scope of the proposal by requiring that, beginning July 1, 1990, no new or used automobile could be bought, sold, leased, traded or transferred in Wisconsin unless the automobile was equipped with both lap and shoulder restraints for each seating area in the back seat.
The amendment included the appropriate addition to the bill's title: "requiring the installation and use of certain safety belts in automobiles".
Ruling of the chair:
The speaker [Loftus] ruled the point of order not well taken.
Assembly Journal of May 16, 1989 .......... Page: 159
Point of order:
Representative Vergeront rose to the point of order that assembly amendment 1 to assembly amendment 3 to assembly substitute amendment 1 to Assembly Bill
219 [relating to the presence of underage persons on licensed premises] was not germane under Assembly Rule 54.
[Note:] The substitute amendment permitted 19- and 20-year olds to enter bars authorizing the presence of underage persons. A.Amdt-3 added a sunset date.
A.Amdt-1 to 3 attempted to transform the sunset date into an annual reporting requirement, thus substituting one individual proposition for another individual proposition which is prohibited by A.Rule 54 (3) (a).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of February 2, 1989 .......... Page: 46
Point of order:
270 Representative Black rose to the point of order that assembly amendment 2 to Assembly Bill 14 [relating to notification of the release into the environment of genetically engineered organisms and providing penalties] was not germane under Assembly Rule 54.
[Note:] As introduced, the bill had the limited purpose of providing for a coordinated framework of biotechnology in which Wisconsin state agencies (DNR and DATCP) may review the release, in this state, of any genetically engineered organism that was already subject to federal regulation.
Nothing in the amendment related to state review of the release of federally regulated, genetically engineered organisms. Instead, the amendment prohibited (with 4 exceptions), the use of "genetic material derived from human sources" in any product or in product development research. The amendment covered one individual proposition while the bill covered a different individual proposition. Thus, the amendment was a nongermane amendment prohibited by A.Rule 54 (3) (a).
Nothing in the bill related to the use of "genetic material" derived from human sources in products or product development research. Instead, the bill was limited to "genetically engineered organisms". While "organism" was not defined in the bill, the dictionary defined it as a living being with "a complex structure of interdependent and subordinate elements whose relations and properties are largely determined by their function in the whole". Genetic material derived from human sources is not an organism.
Consequently, adding the amendment to the bill expanded the scope of 1989 Assembly Bill 14. An amendment that substantially expands the scope of the proposal is a nongermane amendment prohibited by A.Rule 54 (3) (f).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
