Senator Strohl raised the point of order that senate amendment 15 [to Assembly Bill 205, relating to establishing pupil minimum competency examinations in public schools] was not germane. The chair took the point of order under advisement.
283 [Note:] While 1981 AB 205 was limited to minimum competency testing of pupils in public schools, S.Amdt.15 proposed to require biennial minimum competency testing of senators and representatives to the assembly, and SA-1 to SA-15 would have mandated a similar test for the governor.
Senate Journal of March 30, 1982 .......... Page: 1871
The chair [Pres. Risser] ruled the point of order raised by the senator from the 21st, Senator Strohl, that senate amendment 15 was not germane, well taken.
Senate Journal of March 23, 1982 .......... Page: 1783
Point of order:
Senator Harnisch raised the point of order that senate amendment 1 to senate substitute amendment 1 [to Assembly Bill 303, relating to voluntary designation on income tax returns for the protection and acquisition of endangered resources and making an appropriation] was not germane.
The chair [Pres. Risser] ruled the point of order well taken.
Senator Chilsen raised the point of order that senate substitute amendment 1 was not germane. The chair took the point of order under advisement.
Senate Journal of March 23, 1982 .......... Page: 1788
Ruling of the chair [Pres. Risser]:
Earlier today the Senator of the 29th, Senator Chilsen, raised the point of order that senate substitute amendment 1 [to Assembly Bill 303, relating to voluntary designation on income tax returns for the protection and acquisition of endangered resources and making an appropriation] was not germane. Senate substitute amendment 1 to Assembly Bill 303 relates to a taxpayer check-off for various programs and purposes, while Assembly Bill 303 relates to a check-off solely for endangered resources.
Senate Rule 50 (7) reads "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, but an amendment limiting the scope of the proposal is germane".
It is the opinion of the chair that senate substitute amendment 1 would expand the scope of the original proposal, not limit the scope, and that senate substitute amendment 1 relates to a general class (i.e., various programs), and Assembly Bill 303 relates to the specific subject of endangered resources, and therefore the amendment is not germane. The point of order raised by the senator of the 29th, Senator Chilsen, is well taken.
Senate Journal of March 9, 1982 .......... Page: 1665
Point of order:
Senator Moody raised the point of order that senate amendment 1 to assembly amendment 1 to Senate Bill 150 [relating to changes in the regulation of motor
carriers and granting rule-making authority] was not germane. The chair took the point of order under advisement.
Senate Journal of March 10, 1982 .......... Page: 1670
Ruling of the chair [Pres. Risser]:
On Tuesday, March 9, 1982, Senator from the 9th, Senator Moody, raised the point of order that senate amendment 1 to assembly amendment 1 was not germane. The chair took the point of order under advisement.
284 Assembly amendment 1 deals exclusively with water carriers. Senate amendment 1 to assembly amendment 1 deals with livestock and fluid milk haulers. Senate amendment 1 to assembly amendment 1 relates to a different specific subject [than] that assembly amendment 1, therefore, pursuant to Senate Rule 50 (7), senate amendment 1 to assembly amendment 1 is not germane and the point of order raised by the Senator from the 9th, Senator Moody, is well taken.
Senator Harsdorf appealed the ruling of the chair.
The question was: Shall the decision of the chair stand as the judgment of the Senate? [Display of roll call vote omitted; ayes-20, noes-11.] So the decision of the chair shall stand as the judgment of the Senate.
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Assembly Journal of February 26, 1980 .......... Page: 2353
Point of order:
Representative Shabaz rose to the point of order that assembly amendment 1 to Assembly Joint Resolution 75 [directing the legislative council to study the interrelationship of urban programs and agricultural land use] was not germane under Assembly Rule 54 (3) (a) [one individual proposition amending another] and (f) [substantial expansion of scope].
[Note:] The resolution dealt with the conflicting aims resulting from government programs for industrial and urban development on the one hand, and agricultural land preservation on the other.
A.Amdt.1, which had been brought in by the committee on government operations, wanted to also direct the legislative council to study "means by which this state may further assist small businesses, cooperatives and farmers and encourage the expansion of existing, and the creation of new, industries".
The chair [Rep. Kedrowski, speaker pro tem] ruled the point of order well taken.
Assembly Journal of January 23, 1980 .......... Page: 1888
Point of order:
Representative Rutkowski rose to the point of order that assembly amendment 4 to senate substitute amendment 1 to Assembly Bill 749 [relating to revising conditions of bail] was not germane under Assembly Rule 54 (3) (a) [one individual proposition amending another] because it included probation and parole.
The speaker [Jackamonis] ruled the point of order well taken.
Assembly Journal of January 23, 1980 .......... Page: 1890
Point of order:
Representative McClain rose to the point of order that assembly amendment 11 to senate substitute amendment 1 to Assembly Bill 749 was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] A.Amdt.11 proposed an additional penalty for bail violators equal to one-half the maximum penalty for the crime.
285 The speaker [Jackamonis] ruled the point of order well taken.
Assembly Journal of May 1, 1979 .......... Page: 475
Point of order:
Representative Ferrall rose to the point of order that assembly amendment 2 to Assembly Bill 205 [relating to a minimum tax on tax preference items] was not germane under Assembly Rule 54.
[Note:] The amendment added a new provision, making the full amount of any capital gains tax paid deductible from Wisconsin taxable income.
The speaker [Jackamonis] ruled the point of order well taken.
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Senate Journal of June 21, 1979 .......... Page: 552
[Point of order:]
Senator Theno raised the point of order that senate amendment 1 [to Assembly Bill 31, relating to designating the 3rd week in September as "Wonderful Wisconsin Week" and directing the governor to issue a suitable proclamation] was not germane.
[Note:] S.Amdt.1 proposed yet another holiday proclamation, making March Marvellous Milwaukee Month to "call attention to the waning of winter and the promise of spring".
The chair [Pres. Risser] ruled that senate amendment 1 was not germane.
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Assembly Journal of March 9, 1978 .......... Page: 3547
Point of order:
Representative DeLong rose to the point of order that assembly amendment 13 to assembly substitute amendment 1 to Assembly Bill 656 was not germane under Assembly Rule 50 (3) (f) because it relates to a six months probationary period, military service credits and the variable annuity.
The speaker [Jackamonis] ruled the point of order well taken because assembly amendment 13 to assembly substitute amendment 1 to Assembly Bill 656 was one independent proposition amending another independent proposition, was not necessary to implement merger of the retirement systems and substantially expanded the scope of the bill.
Assembly Journal of June 3, 1977 .......... Page: 1284
Point of order:
Representative Wahner rose to the point of order that assembly amendment 125 [new crime: child pornography] to Senate Bill 77 [budget bill] was not germane under Assembly Rule 50.
286 The speaker [Jackamonis] ruled the point of order well taken.
Representative Shabaz appealed the ruling of the chair. Representative Olson asked unanimous consent that all members of the assembly be made co-authors of assembly amendment 125 to Senate Bill 77.
Representative Bear objected. [Representatives Dorff, Menos, Duren and Ward] asked unanimous consent to be made a co-author of assembly amendment 125 to Senate Bill 77. Granted.
Representative Olson asked unanimous consent that assembly amendment 125 to Senate Bill 77 be withdrawn and returned to the authors. Granted.
Representative Wahner asked unanimous consent to withdraw his point of order. Granted.
Germaneness: issue already decided (substantial similarity)
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Assembly Journal of March 17, 1992 .......... Page: 977
Point of order:
Representative Black rose to the point of order that assembly amendment 35 to Senate Bill 281 [relating to the preparation and adoption of a model livestock exclusion ordinance, the management of priority watersheds, issuance of orders related to nonpoint source pollution, establishing performance standards for drainage districts and the organization and management of drainage districts, construction site erosion control, creating a vehicle title and title transfer fee and highway salt tax to finance nonpoint source pollution abatement, granting bonding authority, granting rule-making authority, providing an exemption from rule-making procedures, providing penalties and making appropriations] was not germane under Assembly Rule 54 (3) (f). The chair took the point of order under advisement.
Assembly Journal of March 17, 1992 .......... Page: 981
Ruling of the chair:
The chair [Rep. Clarenbach, speaker pro tem] ruled well taken the point of order raised by Representative Black that assembly amendment 35 to Senate Bill 281 was not germane.
287 [Note:] The bill was limited to issues related to nonpoint source pollution.
A.Amdt-35 expanded the scope of the bill by prohibiting liens against farmland for farmland preservation tax credits if, at cancellation of the preservation agreement, all requirements relating to the agreement had been satisfied by the owner.
A.Amdt-44 proposed to modify a change in the proposal made by senate amendment 11, as affected by the assembly's adoption of A.Amdt-2 to the senate amendment. The assembly rule prohibiting negating another amendment is limited to assembly amendments. On the other hand, because A.Amdt-44 was substantially similar to A.Amdt-2 already acted upon by the assembly, the further consideration of A.Amdt-44 was nongermane under A.Rule 54 (3) (c).
A.Amdt-45 expanded the scope of the proposal by vesting, in the departments of agriculture and of natural resources, a joint rule-making power
to establish statewide standards for erosion control at construction sites for public buildings and for places of employment.
Assembly Journal of March 17, 1992 .......... Page: 983
Point of order:
Representative Deininger rose to the point of order that assembly amendment 44 to Senate Bill 281 was not germane under Assembly Rule 54 (3) (e).
Representative Welch rose to the point of order that assembly amendment 44 to Senate Bill 281 was not germane under Assembly Rule 54 (3) (c).
The chair ruled the point of order raised by Representative Deininger not well taken.
The chair ruled the point of order raised by Representative Welch well taken because assembly amendment 44 is substantially similar to assembly amendment 2 that was previously adopted.
Point of order:
Representative Gruszynski rose to the point of order that assembly amendment 45 to Senate Bill 281 was not germane under Assembly Rule 54 (3) (f).
The chair ruled the point of order well taken.
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Assembly Journal of May 15, 1990 .......... Page: 1063
Point of order:
Representative Kunicki rose to the point of order that assembly amendment 16 to assembly substitute amendment 2 to Assembly Bill 25, Oct. 1989 Spec. Sess. [relating to division of clean water fund powers and duties, responsibilities for investment of the clean water fund, authorizing levels of funding for the issuance of clean water fund bonds, changes to municipal finance law, making appropriations and granting rule-making authority] was not germane under Assembly Rule 54 (3) (c). The chair took the point of order under advisement.
288 [Note:] Under A.Rule 54 (3) (c), an amendment is not germane when it is "substantially" similar to an amendment already acted upon. How much 2 amendments have to be alike to achieve substantial similarity is a judgment call.
Both A.Amdt-16 (here challenged) and A.Amdt-14 (tabled 50 to 49; A.Jour., p. 1062), appeared to propose a municipal clean drinking water loan program. Both were 10-page amendments and, except for 5 extra lines on page 2 of A.Amdt-16, were identical.
The 5 lines created a substantial difference. A.Sub-2 already provided for municipal clean drinking water radium grants, and A.Amdt-14 had proposed the loan program in addition to the grant program. The 5 extra lines in A.Amdt-16 assured that the proposed loan program would replace the grant program.
The difference did not make the amendment any more acceptable to the assembly. A.Amdt-16 was tabled 55 to 44.
Ruling of the chair:
The chair [Rep. Clarenbach, speaker pro tem] ruled not well taken the point of order raised by Representative Kunicki that assembly amendment 16 to assembly substitute amendment 2 to Assembly Bill 25, Oct. 1989 Spec. Sess. was not germane.
Assembly Journal of March 20, 1990 .......... Page: 921
