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.
1 9 9 1 S E N A T E
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.
1 9 8 9 A S S E M B L Y
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.
1 9 8 9 S E N A T E
Senate Journal of March 22, 1990 .......... Page: 923
[Point of order:]
Senator Adelman raised the point of order that senate amendment 12 is not germane to Assembly Bill 611 [relating to revision of the lobbying regulation law and code of ethics for state public officials and employes, requests for increased appropriations to state agencies, granting rule-making authority and providing a penalty].
The Chair [President Risser] ruled the point well taken.
271 [Note:] Sen. Amdt. 12 was identical to 1989 SB 184 (relating to discontinuance of interim allowances to members of the legislature for postage and clerical assistance), which was waiting for action in the senate committee on Housing, Government Operations and Cultural Affairs. Aside from introducing an unrelated subject into the lobby law and ethics code revision bill, the amendment was out of order because an amendment "identical with a proposal currently before the senate is not germane"; S.Rule 50 (6).
Sen. Amdt. 14 (below) outlawed campaign committee fund raisers in Dane county, except for a candidate after June 1 in the election year or for Dane county legislators. The bill revised the lobby law; not, the campaign finance law.
Sen. Amdt. 17, creating a code of ethics for certain local public officials, was held germane to the bill's revision of the ethics code for state public officials and employes. Though adopted by the senate, Sen. Amdt. 17 failed when the assembly nonconcurred and the senate receded.
Sen. Amdt. 19, by proposing to create a new crime of bribery involving a state or local public official, would have expanded the scope of the proposal.
There may also have been some confusion concerning the eligibility of Sen. Amdt. 19 (Berndt), which was identical to Sen. Amdt. 2 (Davis). An identical amendment to one previously rejected to the same bill is not germane; S.Rule 50 (6). However, Sen. Amdt. 2 had merely been placed "after" Sen. Amdt. 18 and remained laid aside (but not, rejected), when Sen. Amdt. 19 was offered and taken up.
[Point of order:]
Senator Adelman raised the point of order that senate amendment 14 is not germane to Assembly Bill 611.
The Chair ruled the point well taken.
[Point of order:]
Senator Adelman raised the point of order that senate amendment 17 is not germane to Assembly Bill 611.
The Chair ruled the point not well taken.
[Point of order:]
Senator Adelman raised the point of order that senate amendment 19 was not germane to Assembly Bill 611.
The Chair ruled the point well taken.
Senate Journal of March 7, 1990 .......... Page: 786
[Point of order:]
Senator Chvala raised the point of order that senate amendment 40 to senate substitute amendment 2 to [Senate Bill 300, relating to disposal and recycling of solid waste, granting rule-making authority, providing a penalty and making appropriations] is not germane.
[Note:] Although the amendment proposed a "textbook recycling program", it did not deal with the reclamation of discarded textbooks as a resource in manufacturing new paper.
Rather, it proposed a new program whereby school books, retired by one school board, would be made available by the state superintendent to any other public or private school in this state.
The Chair [Sen. Helbach] ruled the point well taken.
272Senate Journal of February 20, 1990 .......... Page: 719
[Point of order:]
Senator Czarnezki raised the point of order that senate 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] is not germane. [Intervening text omitted.]
Senator Strohl, with unanimous consent, asked that Assembly Bill 218 be placed at the foot of the calendar.
Senate Journal of February 27, 1990 .......... Page: 740
Ruling of the chair:
On Tuesday, February 20, 1990, Senator Czarnezki raised the point of order that senate amendment 1 to Assembly Bill 218 was not germane. Before the Chair had an opportunity to rule, by unanimous consent, the bill was referred to the Senate Rules committee. It is the opinion of the Chair that the point of order is still pending. The Chair is prepared to rule.
Senate amendment 1 as introduced by Senator Adelman, would insert language into the bill which would prohibit application of the provisions of the bill in any case that would restrict a student's right to freedom of expression, and the board may not discipline a student for exercising that right, regardless of the demeaning nature of the expression or the environment that the expression may create.
Senate Rule 52 reads in part as follows: "No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment". Also, Mason's Manual, section 402(2) states: "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 Chair is of the opinion that the proposed language to be inserted brings forth a major philosophical question which ought to be debated as a separate issue from that currently under discussion. In today's society, the manner in which individuals express themselves is often used by others as a factor in determining whether the expression (words or symbolic gestures) are discriminatory or promote discrimination. This has caused a debate to flare regarding the provisions of Amendment 1 to the U.S. Constitution relating to "freedom of speech" and applicability of discrimination laws. It is not the purpose of Assembly Bill 218 to decide this issue.
Therefore, it is the opinion of the Chair that senate amendment 1 does not meet the tests of germaneness as stated in Senate Rule 52 and Mason's Manual section 402(2) and that the point of order raised by Senator Czarnezki is well taken. Senate amendment 1 to Assembly Bill 218 is not germane.
Senator Fred A. Risser
President of the Senate
