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
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Assembly Journal of March 25, 1988 .......... Page: 978
Point of order:
273 Representative Schneider rose to the point of order that assembly amendment 11 to assembly substitute amendment 1 to Assembly Bill 662 [relating to drugs, alcohol,
assessment, treatment, education, drug-related homicide, granting rule-making authority and providing penalties] was not germane under Assembly Rule 54.
[Note:] That part of the bill and of A.SubAmdt.1 dealing with homicide was limited to "drug-related" homicide, defining as 2nd degree murder the manufacture or delivery of, or the administering or assisting in administering,a controlled substance "which another human being uses and dies as the result of that use".
A.Amdt.11 was a floor amendment proposing to add another new crime defined as 2nd degree murder: "procuring .... any firearm to a convicted felon if use of that firearm is a direct and substantial cause of a human's death".
The amendment was not germane under both A.Rule 54 (3) (a) [individual proposition amending another] and (f) [substantial expansion of scope]. There was a pending motion to table A.Amdt.1 when the point of order was raised. Following the ruling, the amendment was tabled, ayes-70, noes-26.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Assembly Journal of March 17, 1988 .......... Page: 882
Point of order:
Representative Seery rose to the point of order that assembly amendment 3 to Assembly Bill 719 [relating to increasing the amounts of certain fines and forfeitures related to the regulation of public utilities and imposing a penalty] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope]. The speaker took the point of order under advisement. [Intervening text omitted.]
[Note:] 1987 AB 719 increased maximum public utility forfeitures by 150% or more.
A.Amdt.3 provided, among other things, for treble forfeiture if a utility company act or omission involved a death or life-threatening personal injury.
The provision was more nearly an alternative for, rather than a proper add-on to, the concept of AB 719.
The speaker [Loftus] ruled well taken the point of order raised by Representative Seery that assembly amendment 3 to Assembly Bill 719 was not germane.
Assembly Journal of February 9, 1988 .......... Page: 631
Point of order:
Representative Prosser rose to the point of order that assembly amendment 2 to Assembly Bill 638 [relating to establishing a volunteer advocate project for residents of nursing homes, granting rule-making authority and making an
appropriation] was not germane under Assembly Rule 54 (3) (a) [one individual proposition amending another] and (f) [substantial expansion of scope].
274 [Note:] The bill was limited to a one-year demonstration project in certain counties, and the development of administrative rules for legislative approval, concerning a volunteer advocate program for nursing home residents.
A.Amdt.2 proposed a permanent increase in the appropriation and employes of the Board on Aging and Long Term Care.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Assembly Journal of September 16, 1987 .......... Page: 346
Point of order:
Representative Prosser rose to the point of order that assembly amendment 10 to Assembly Bill 2, September 1987 Spec. Sess. [relating to certain business combinations involving resident domestic corporations and interested stockholders] was not germane under Assembly Rule 54 (3) (a) [one individual proposition amending another] and (f) [substantial expansion of scope].
[Note:] The bill dealt with a variety of issues raised by the pending takeover of the Heileman brewery corporation.
A.Amdt.10 addressed the specifics of one such issue (golden parachutes) by requiring shareholder approval of any agreement rewarding management for accepting the tender offer.
The speaker [Loftus] ruled the point of order not well taken.
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Senate Journal of March 17, 1988 .......... Page: 726
[Point of order:]
Senator Ulichny raised the point of order that senate amendment 6 [to Senate Bill 191, relating to revising crimes against the life, bodily security and safety of persons, defining criminal recklessness and criminal negligence and providing penalties] is not germane. The chair took the point of order under advisement.
Senate Journal of March 22, 1988 .......... Page: 742
[Ruling of the chair:]
On Thursday, March 17, 1988, the Senator from the 4th, Senator Ulichny, raised the point of order that senate amendment 6 to Senate Bill 191 was not germane.
Senate amendment 6 as proposed by the Senator from the 20th, Senator Stitt, would substitute the word "individual" for "Human Being" in several locations throughout Senate Bill 191.
Section 939.22 (16) of the Statutes defines "Human Being" in a specific manner. "Human Being" when used in the homicide sections means "one who has been born alive". The Chair is unable to locate a definition of the word "individual" in the Statutes. Webster's Third New International Dictionary Unabridged defines the word "individual" in several different ways. The definitions range from "as a human being" to "a tournament in contract bridge in which each player changes partners after each round so that one person rather than a pair or team may be determined as winner".
275 It is the opinion of the Chair that the word "individual" would have to be considered a general term based on the numerous definitions. Therefore, the amendment relates to a general class. The bill relates to a specific subject "Human Beings" as defined in the statutes.
Therefore, it is the opinion of the Chair that in accordance with Senate Rule 50 (7) which reads in part as follows: "A substitute or amendment relating to a specific subject or to a general class is not germane to a bill relating to a different specific subject," the amendment is not germane and the point of order raised by the Senator from the 4th is well taken.
Senator Fred A. Risser
President of the Senate
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 March 3, 1988 .......... Page: 660
[Point of order:]
Senator Chvala raised the point of order that senate amendment 1 [to Senate Bill 440, relating to assuring financial responsibility for motor vehicle accidents, granting rule-making authority and providing a penalty] is not germane.
276 [Note:] SB 440 bill dealt with compulsory proof of financial responsibility for motor vehicle accidents. The bill touched only in minor ways on the laws regulating motor vehicle accident liability insurance.
S.Amdt.1 to SB 440 prohibited "stacking" of motor vehicle liability insurance coverage. While the insurance industry may have experienced difficulties as the result of stacking under the motor vehicle liability policies carried voluntarily by 92% of Wisconsin's drivers, legislation addressing those difficulties was not a necessary ingredient for a bill limited to requiring the uninsured 8% of Wisconsin's drivers to obtain liability insurance under a compulsory financial responsibility law.
S.Amdt.3 to SB 440 prohibited "red lining" of drivers purchasing motor vehicle liability insurance because of the geographical location of the drivers' residences as identified by postal zip codes. Red lining is a problem for many urban residents of Wisconsin attempting to obtain insurance (and for those residents is not limited to motor vehicle insurance) but legislation addressing the problem of red lining is not a necessary ingredient for a bill limited to requiring Wisconsin drivers to give proof of financial responsibility.
Under Senate Rule 50 (7), an amendment "relating to a specific subject .... is not germane to a different specific subject".
The Chair [President Risser] ruled the point of order well taken. [Intervening text omitted.]
Senator Lee raised the point of order that senate amendment 3 was not germane.
The chair ruled the point of order well taken.
Senate Journal of February 16, 1988 .......... Page: 610
[Point of order:]
Senator Davis raised the point of order that senate amendment 6 [to Senate Bill 358, relating to the coverage and enforcement of the clean indoor air act, granting rule-making authority and providing a penalty] is not germane.
[Note:] Private offices, and prisons and similar institutions, were exempt from the clean indoor air act. SB 358 proposed to include them.
S.Amdt.6 proposed to add a new court procedure permitting the Dept. of Health and Social Services, any county or any elected tribal governing body to bring a wrongful death action, whenever a public assistance recipient died from "an injury, sickness or death caused by cigarette-induced lung cancer or emphysema", in order to recover "the amount of assistance granted" because of the injury, sickness or death, plus reasonable attorney fees and court costs and fees.
Under Senate Rule 50 (7), an amendment "relating to a specific subject .... is not germane to a different specific subject".
The chair ruled the point of order well taken.
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Assembly Journal of March 13, 1986 .......... Page: 869
Point of order:
Representative Clarenbach rose to the point of order that assembly amendment 3 to Assembly Bill 216 [relating to a property tax exemption for nonprofit theaters] was not germane under Assembly Rule 54 (3)(f) [expansion of scope].
[Note:] The amendment added un unrelated property tax exemption for farm property operated the previous year without making a profit.
The speaker [Loftus] ruled the point of order well taken.
Senate Journal of March 11, 1986 .......... Page: 685
[Point of order:]
Senator Van Sistine raised the point of order that senate amendments 2, 3, 4 and 5 to senate substitute amendment 1 [to Assembly Bill 387, relating to product liability insurance reports] were not germane. The chair took the point of order under advisement.
Senate Journal of March 18, 1986 .......... Page: 716
Ruling of the chair:
On Tuesday, March 11, 1986, the Senator from the 30th, Senator Van Sistine, raised the point of order that senate amendment 2 to Assembly Bill 387 [relating to product liability insurance reports] was not germane. Further, the Senator raised the same question on amendments 3, 4 and 5. The chair took the point of order under advisement.
Senate Rule 50(3) reads as follows: "The Senate may consider the germaneness of senate substitutes and amendments only, and only when such substitute or amendment is before the Senate." Therefore, the chair will rule only on senate amendment 2, although I have looked at the other amendments and I am prepared to rule should the point be raised [see p. 724 for amdts. 3, 4 and 5].
Senate amendment 2 to Assembly Bill 387 introduces new language to the bill relating to =_actions in product liability. The original bill relates to product liability insurance reports. Mason's Manual Section 402(1) reads in part: "members have the right to vote separately on each question." Senate Rule 50(7) reads in part as follows: "A substitute or amendment relating to a specific or to a general class is not germane to a bill relating to a different specific subject."
Senate amendment 2 introduces a different specific question that should be voted on separately. 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 of the 30th is well taken.
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Assembly Journal of April 6, 1984 .......... Page: 1198
Point of order:
Representative Brist rose to the point of order that assembly substitute amendment 1 to Senate Bill 689 [relating to repealing certain restrictions on deduction of advertising, display and promotional allowances from cost under the unfair sales act] was not germane under Assembly Rule 54.
[Note:] 1983 Senate Bill 689 was a one-line repealer bill. A.Sub.1 did not even contain that repeal - clearly, it was not germane under Assembly Rule 54 (3) (d) [amending repealer bills].
Since A.Sub.1 to SB 689 was identical to 1983 SB 403, which was also pending in the Assembly, the substitute was a classic example of a "rider" amendment or substitute which is "not germane" under A.Rule 54 (3) (a) [one individual proposition amending another individual proposition].
Finally, because the substitute did not even contain the repeal which was the sole purpose of the original bill, the substitute "would totally alter the nature of the proposal" in violation of A.Rule 54 (1).
278 The speaker [Loftus] ruled the point of order well taken.
Assembly Journal of April 5, 1984 .......... Page: 1167
Point of order:
Representative Ulichny rose to the point of order that assembly amendment 1 to Senate Bill 550 [relating to increasing the scope of authority of redevelopment authorities to eliminate blight and clear slums and to redefining "blighted area" for the purposes of redevelopment authorities and tax incremental financing] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
