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].
[Note:] A.Amdt.1 proposed to ingraft into the bill 1983 AB 113, "relating to establishing enterprise zones and creating income tax benefits and other benefits in respect to them and granting rule-making authority". 1983 AB 113 had been introduced on 2/8/83, and in 14 months had not left the Joint Survey Committee on Tax Exemptions.
In its relation to SB 550,the amendment was clearly a "rider" in violation of A.Rule 54 (3) (a): one individual proposition amending another individual proposition.
The amendment was also an attempt to circumvent A.Rule 15 (1) (a): no bill may be withdrawn from a joint survey committee.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of March 7, 1984 .......... Page: 872
Point of order:
Representative Robinson rose to the point of order that assembly substitute amendment 1 to Assembly Bill 602 [relating to requiring counties to provide sanitarian services] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope]. The speaker took the point of order under advisement.
[Note:] 1983 AB 602, developed and introduced by the Legislative Council, dealt with only one issue: requiring "counties to provide sanitarian services". A.Sub.1 dealt with 2 separable issues which, though related, were not so interrelated that one could not be treated without treating the other. The first issue was the same as the bill but the scope was limited to "counties having a population of 200,000 or more". The 2nd issue (identical to 1983 AB 835) authorized "town boards of health to perform additional functions".
While restricting of the proposed sanitarian issue to populous counties would be germane under A.Rule 54 (4) (c) [limiting scope of proposal], the ingrafting of the town boards of health issue was not germane under A.Rule 54 (3) (a) [one individual proposition amending another] and (f) [substantial expansion of scope].
S.Rule 50 (6), which corresponds to A.Rule 54 (3) (a), states that an amendment is not germane when it ingrafts one proposal pending before the Senate into the proposal under current consideration.
279Assembly Journal of March 27, 1984 .......... Page: 1048
The speaker [Loftus] ruled the point of order raised by Representative Robinson on March 7, 1984, that assembly substitute amendment 1 to Assembly Bill 602 was not germane well taken.
Assembly Journal of October 28, 1983 .......... Page: 568
Point of order:
Representative Foti rose to the point of order that assembly amendment 1 to Senate Bill 2, October 1983 Special Session [relating to establishing an economic adjustment program and creating a council for economic adjustment in the department of development, authorizing the creation of community response committees and making an appropriation], was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] While the bill dealt with state assistance to communities faced with plant closings, A.Amdt.1 added an "incentive for employe-owned businesses".
Representative Foti withdrew his point of order.
The question was: Shall assembly amendment 1 to Senate Bill 2, October 1983 Special Session be laid on the table? [Display of roll call vote omitted; ayes-53, noes-45.] Motion carried.
[Intervening text omitted.]
Representative Crawford moved that assembly amendment 1 to Senate Bill 2, October 1983 Special Session, be taken from the table.
The question was: Shall assembly amendment 1 to Senate Bill 2, October 1983 Special Session be taken from the table? [Display of roll call vote omitted; ayes-53, noes-45.] Motion carried.
Assembly Journal of October 28, 1983 .......... Page: 569
Point of order:
Representative Johnson rose to the point of order that assembly amendment 1 to Senate Bill 2, October 1983 Special Session was not germane under Assembly Rule 54 (3) (f). The speaker took the point of order under advisement.
Assembly Journal of October 28, 1983 .......... Page: 570
The speaker [Loftus] ruled assembly amendment 1 to Senate Bill 2, October 1983 Special Session, not germane under Assembly Rule 54 (3) (a) [one individual proposition amending another].
Assembly Journal of October 4, 1983 .......... Page: 362
Point of order:
Representative Johnson rose to the point of order that assembly amendment 1 to Assembly Bill 272 [relating to publication of notice to cut noxious weeds] was not germane under Assembly Rule 54 (1).
280 [Note:] The bill authorized 2 or more municipalities who publish their notices in the same newspaper to publish a single combined noxious weed cutting notice.
A.Amdt.1 attempted to authorize any municipality to publish its own notice in a "shoppers guide" if the newspaper used for publication of legal notices reached less than 10% of the households in the municipality.
The speaker [Loftus] ruled the point of order well taken.
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Senate Journal of April 5, 1984 .......... Page: 862
[Point of order:]
Senator Strohl raised the point of order that senate amendment 1 to senate substitute amendment 1 [to Assembly Bill 742, relating to deregulation of rates of small telephone companies] was not germane. The chair took the point of order under advisement. [Intervening text omitted.]
Ruling of the chair [Pres. Risser]:
Earlier today the Senator from the 21st, Senator Strohl, raised the point of order that senate amendment 1 to senate substitute amendment 1 to Assembly Bill 742 was not germane. The chair took the point under advisement.
It is the opinion of the chair that senate amendment 1 to senate substitute amendment 1 relates to a different specific subject than that of Assembly Bill 742 and in accordance with Senate Rule 50 (7), the amendment is not germane and the point of order raised by the Senator of the 21st, Senator Strohl, is well taken.
Senate Journal of April 4, 1984 .......... Page: 845
[Point of order:]
Senator Strohl raised the point of order that senate amendment 1 [to Assembly Bill 217, relating to patients compensation panels] was not germane. The chair took the point of order under advisement.
Senate Journal of April 5, 1984 .......... Page: 867
Ruling of the chair [Pres. Risser]:
Yesterday the Senator from the 21st, Senator Strohl, raised the point of order that senate amendment 1 to Assembly Bill 217 was not germane. The chair took the point under advisement.
Senate amendment 1 would amend Subchapter III of Chapter 655 of the Statutes relating to Insurance Provisions for Health Care Liability. Assembly Bill 217 relates to the Patients Compensation Panels and does not deal with the insurance provisions. Therefore it is the opinion of the chair that senate amendment 1 relates to a different specific subject than that of Assembly Bill 217 and in accordance with Senate Rule 50 (7), the amendment is not germane and the point of order raised by the Senator of the 21st, Senator Strohl, is well taken.
Senate Journal of April 3, 1984 .......... Page: 827
[Point of order:]
Senate amendment 1 [to Assembly Joint Resolution 66, requesting the legislative council to study vocational, technical and adult education farm training programs] offered by Senators Lee and Czarnezki.
