Assembly Journal of June 30, 1992 .......... Page: 1268
Ruling of the chair:
The chair [Rep. Clarenbach, speaker pro tem] ruled well taken the point of order raised by Representative Prosser that assembly amendment 3 to Assembly Joint Resolution 1, June 1992 Spec.Sess., was not germane under Assembly Rules 54 (3) (c) and (f).
Assembly Journal of May 20, 1992 .......... Page: 1224
Point of order:
Representative Bock rose to the point of order that assembly amendment 1 to assembly substitute amendment 1 to Senate Bill 1, April 1992 Spec.Sess., [relating to restricting gambling conducted by the state to the forms of gambling that the state is currently conducting, the forms of gambling that may be conducted by Indians on tribal lands, background investigations of Indian gaming employes and vendors, simulcasts of horse and dog races from out-of-state racetracks, providing grants for research on or the treatment of compulsive gambling and making an appropriation] was not germane under Assembly Rule 54 (3) (e) and (f).
[Note:] Limiting legalized gambling to the games currently conducted by the state, Apr.'92 Spec.Sess. SB 1 specifically listed video games of chance and video gambling machines as games not authorized.
A.Amdt-1 to A.Sub.Amdt-1 proposed to declare "video gaming" one of the authorized forms of gambling in this state.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of March 4, 1992 .......... Page: 908
Point of order:
320 Representative Krug rose to the point of order that assembly substitute amendment 2 to Assembly Bill 639 [relating to payment of fees by persons who discharge air contaminants and wastewater] was not germane under Assembly Rule 54 (3) (f).
[Note:] The purpose of the bill was to exempt municipalities from payment of DNR-imposed fees for discharge of air contaminants and wastewater, and to require persons who discharge wastewater into municipally-owned wastewater treatment plants to pay the wastewater discharge fee.
A.Sub.Amdt-2 changed the purpose of the proposal. There would be no municipal exception, but municipally-owned wastewater treatment plants could attempt to recover a proportionate share of the fee from persons using the treatment plant for their wastewater.
The speaker [Speaker Kunicki] ruled the point of order well taken.
Assembly Journal of February 4, 1992 .......... Page: 777
Point of order:
Representative Krug rose to the point of order that assembly substitute amendment 1 to Assembly Joint Resolution 85 [relating to adequate funding of public schools to provide equal educational opportunities in all district schools (first consideration)] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] Mandating adequate funding of public schools, 1991 AJR 85 repealed, as obsolete, an existing requirement that each town and city must levy an annual school tax equal to one-half of the amount received from the school fund. Today, the amounts given to public schools from the school fund are small and are primarily used for school libraries, while public school operations, funded in part by state aids, are in large part supported by local property taxes imposed under statute law.
As introduced, 1991 AJR 85 did not affect existing statute law governing the imposition of local property taxes for school purposes.
A.Sub.Amdt-1, which required abolition of the use of the property tax for school operations over a 10-year period, did not just expand the scope of the proposal, but would have totally altered the nature of the proposal in violation of A.Rule 54 (1).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of July 3, 1991 .......... Page: 379
Point of order:
Representative Welch rose to the point of order that assembly amendment 9 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) (f).
321 The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
[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. To stimulate investment in sky boxes or private luxury boxes at the stadium, the bill excluded the cost of general admission tickets for box lease holders from the definition of "gross receipts" subject to the sales tax, even though admissions to athletic events are taxed.
A.Amdt-9 not only deleted the special exemption for box lease holders, but included the cost of the lease in the sale of admissions to athletic events
subject to the general sales tax. That change in policy was held to not constitute a substantial expansion of the scope of the proposal.
On the other hand, when A.Amdt-1 to A.Amdt-11 proposed to change the name of the minor league Beloit Brewers to the south central Wisconsin Brewers in addition to the change, required by A.Amdt-11, from Milwaukee to Wisconsin Brewers in exchange for the state's financial aid with the stadium, the Beloit change was ruled a substantial expansion of the scope of A.Amdt-11.
Assembly Journal of July 3, 1991 .......... Page: 380
Point of order:
Representative Robson rose to the point of order that assembly amendment 1 to assembly amendment 11 to Assembly Bill 485 was not germane under Assembly Rule 54 (3) (f).
The chair ruled the point of order well taken.
Assembly Journal of April 16, 1991 .......... Page: 157
Point of order:
Representative Bock rose to the point of order that assembly amendment 2 to assembly substitute amendment 1 to Assembly Bill 179 [relating to firearm transfers, providing penalties and granting rule-making authority] was not germane under Assembly Rule 54.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
322 [Note:] The proposal dealt with state regulation of firearms transfers, including the creation of a 48-hour waiting period permitting a background check on the purchaser by the department of justice.
A.Amdt-2 to A.Sub.Amdt. 1 added a prohibition of municipal regulation or taxation of firearms (with a grandfather clause for existing municipal ordinances). An amendment that substantially expands the scope of the proposal is not germane; A.Rule 54 (3) (f).
It is likely that the point of order - not germane under A.Rule 54 - was raised because adoption of the amendment would have required a change in the bill title (properly expressed in item-1 of the amendment). A question of germaneness must be resolved based on the content and purpose of the amendment; the outcome is not determined by a change in the title.
A.Amdt-3 to A.Sub.Amdt. 1, permitting a court, by court order, to prohibit criminal defendants from possessing a handgun, also expanded the scope of the proposal.
Point of order:
Representative Wood rose to the point of order that assembly amendment 3 to assembly substitute amendment 1 to Assembly Bill 179 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 February 27, 1992 .......... Page: 686
[Point of order:]
Senator Moen raised the point of order that Senate substitute amendment 2 [to Assembly Bill 655, relating to establishing a group health insurance plan for employes of small employers, creating a board to oversee the plan, creating a fund for catastrophic claims and a catastrophic claims fund board, creating an individual income tax deduction for certain medical care insurance costs paid by certain self-employed persons, granting rule-making authority and making an appropriation] was not germane.
[Note:] S.Sub.Amdt-2 to 1991 AB 655, which substituted a universal health plan affecting all residents of Wisconsin for the limited "health insurance plan for employes of small employers" of the original proposal, was a nongermane expansion of the proposal's scope and altered the nature of the proposal.
The Chair [President Risser] ruled the point well taken.
Senate Journal of October 8, 1991 .......... Page: 424
[Point of order:]
Senator Adelman raised the point of order that the amendment [Senate substitute amendment 2 to Senate Bill 200, relating to restricting sentencing options for crimes committed with or involving dangerous weapons] was not germane.
[Note:] Although existing law imposed minimum terms of imprisonment for felonies committed while possessing, using or threatening to use a dangerous weapon, courts were permitted to give a lesser sentence or impose probation as long as they stated their reasons on the record.
Original 1991 SB 200 restricted the courts' sentencing options, for felonies and misdemeanors committed with or involving dangerous weapons, by incorporating specific standards into the sentencing statutes.
S.Sub.Amdt-2 altered the nature of the proposal by restricting application of the minimum sentence law to felonies involving a firearm, and by requiring every sentence for a felony involving the use or threat of use of a firearm to include a term of imprisonment.
The Chair [President Risser] ruled the point well taken.
323Senate Journal of June 25, 1991 .......... Page: 328
[Point of order:]
Senator Burke raised the point of order that Senate Substitute Amendment 2 [to Assembly Bill 27, relating to mining for minerals on lands owned by the state and under the jurisdiction of the department of natural resources, sale of lands by the department of natural resources and providing a penalty] was not germane.
[Note:] Original 1991 AB 27, passed by the assembly without amendment, was a direct prohibition of mining on lands owned by the state and administered by the department of natural resources (DNR). The bill also prohibited sale of DNR lands for the purpose of mining.
By removing the ban on mining, S.Sub.Amdt-2 altered the nature of the proposal. The substitute amendment proposed to replace the mining ban with a DNR permit system allowing both prospecting and mining for ore or minerals on DNR lands, and sale of DNR lands for the purpose of mining, if certain environmental concerns enumerated in the proposal could be satisfied.
The Chair [President Risser] ruled that the point of order was well taken.
Senate Journal of April 30, 1991 .......... Page: 224
[Point of order:]
Senator Adelman raised the point of order that Senate substitute amendment 2 [to Senate Bill 128, relating to the authority of cities, villages and counties to enact and enforce ordinances in the areas of drug paraphernalia and marijuana possession] is not germane. The Chair took the point of order under advisement.
Senate Journal of May 7, 1991 .......... Page: 232
[Ruling on the point of order:]
On Tuesday, April 30, the Senator from the 28th, Senator Adelman, raised a point of order that Senate Substitute Amendment 2 to Senate Bill 128 was not germane. The Chair took the point of order under advisement.
The original bill as introduced relates to the adoption of ordinances by local units of government relating to drug paraphernalia and marijuana possession.
Senate Substitute Amendment 2 would amend current state statutes as they relate to drug paraphernalia. It is the opinion of the Chair that Senate Bill 128 relates directly to the =_authority of local units of government as it relates to the adoption of ordinances. Senate Substitute Amendment 2 is intended to accomplish a different purpose, would require a title essentially different and would totally alter the nature of the original proposal. This is in direct violation of Senate Rule 50.
Therefore, it is the opinion of the Chair that Senate Substitute Amendment 2 is non-germane and that the point of order raised by the Senator from the 28th, Senator Adelman is well taken.
Senator Fred A. Risser
President of the Senate
324 Senator Ellis 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-18, noes-14.] The decision of the Chair stands as the judgment of the Senate.
Senate Journal of May 7, 1991 .......... Page: 233
[Point of order:]
Senator Adelman raised the point of order that Senate substitute amendment 3 [to Senate Bill 128] was not germane.
[Note:] S.Sub.Amdt-2, held not germane above, was actually a copy of S.Sub.Amdt-3 to 1991 SB 128 which, according to its LRB number, had been drafted earlier. Except for a difference in the relating clause, the 2 substitutes were identical.
The Chair [President Risser] ruled the point well taken.
1 9 8 9 A S S E M B L Y
Assembly Journal of November 8, 1989 .......... Page: 473
Point of order:
Representative Black rose to the point of order that assembly amendment 1 to Assembly Bill 555 [relating to personal flotation devices on sailboards] was not germane under Assembly Rule 54 (3).
[Note:] Existing law required every boat to "carry" at least one life jacket (personal flotation device) for each person on board. Statute law did not require any boater to "wear" the life jacket, regardless of the type of boat.
As introduced and passed, 1989 AB 555 exempted sailboards from the life jacket requirement. Sailboards float - as to its occupant, each sailboard can be considered a "personal flotation device".
A.Amdt-1 took away the sailboard exemption. Instead, it would have required every "person riding a sailboard to wear a personal flotation device".
As an attempt to "totally alter the nature of the proposal", the amendment violated A.Rule 54 (1) and, consequently, was not germane.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of November 2, 1989 .......... Page: 440
Point of order:
Representative M. Coggs rose to the point of order that assembly substitute amendment 1 to Assembly Bill 569 [relating to extended kindergarten and first grade programs in a 1st class city school district] was not germane under Assembly Rule 54 (3).
325 [Note:] The bill allocated, from the school aids received by the Milwaukee school district, $192,500 for extended-day kindergarten programs for 3-, 4- and 5-year olds and an extended first grade program for 6-year olds. These were pilot programs to be provided by the Milwaukee school district.
A.Sub.Amdt-1 changed the nature of the proposal by taking $1,000,000 from Milwaukee's school aids to finance a "choice" program in which parents would designate the licensed or certified private day care center to provide the extended-day care for their child.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of November 2, 1989 .......... Page: 438
Point of order:
Representative Rutkowski rose to the point of order that assembly amendment 1 to Assembly Bill 242 [relating to operating a motor vehicle while under the influence of an intoxicant, drugs or both and providing penalties] was not germane under Assembly Rule 54 (3).
326 [Note (apparently, this research was not available to the presiding officer at the time, and he ruled the amendment not germane):]
As introduced, 1989 AB242 created general minimum penalties for OWI repeat offenses within a 5-year period. Under existing law, if the current offense was the 3rd or subsequent offense within a 5-year period, the person was to be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail. The bill increased the mandatory minimum jail sentence for certain repeat OWI offenders: if the current offense was the 4th offense in the 5-year period, the mandatory minimum jail sentence would be 60 days, and if the current offense was the 5th or subsequent offense in the 5-year period, the mandatory minimum jail sentence would be 6 months.
A.Amdt-1 retained the bill's 4th offense and 5th offense mandatory minimum jail sentences for simple OWI convictions. In addition, for the 3 most serious OWI offenses - causing the death of, great bodily harm to, or injury to another person - the amendment imposed stiffer penalties and longer periods of motor vehicle operating privilege revocation as follows:
OWI causing death. Under existing law, a person who caused death in an OWI offense could be fined not more than $10,000 or imprisoned for not more than 5 years or both and the person's operating privilege was revoked for 5 years. Under A.Amdt-1, if the person had a prior OWI or related violation within a 5-year period, the maximum period of imprisonment was increased to 10 years and the revocation period became not less than 5 years nor more than 10 years.
OWI causing great bodily harm. Under existing law, a person who caused great bodily harm in an OWI offense could be fined not more than $10,000 or imprisoned for not more than 2 years or both and the person's operating privilege was revoked for 2 years. Under A.Amdt-1, if the person had a prior OWI or related violation within a 5-year period, the maximum period of imprisonment was increased to 5 years and the revocation period became not less than 5 years nor more than 10 years.
OWI causing injury. Under existing law, a person who caused injury in an OWI offense was to be fined not less than $300 nor more than $2,000 and could be imprisoned not less than 30 days nor more than one year in the county jail; also, the person's operating privilege was to be revoked for not less than one year nor more than 2 years. Under A.Amdt-1, if the person had a prior OWI or related violation within a 5-year period, the maximum fine was increased to $10,000, the maximum period of imprisonment was increased to 2 years and the revocation period became not less than 2 years nor more than 10 years.
Germaneness of amendment The general rule of germaneness is stated in Assembly Rule 54 (1). An amendment is not germane if it "relates to a different subject or is intended to accomplish a different purpose than that of the proposal to which it relates".
1989 AB242 dealt with a general proposition: penalties for OWI convictions; i.e. resulting from operating a motor vehicle while under the influence of an intoxicant or drugs, or both. It imposed higher fines and longer imprisonment for any person now convicted of simple OWI (without killing, maiming or injuring another person) if that person, in the past 5 years, was convicted also of any other OWI offenses including simple OWI or the 3 most serious OWI offenses.
A.Amdt-1 dealt with the same subject as 1989 AB242: operating a motor vehicle while under the influence of an intoxicant or drug. The amendment had the same purpose as the bill: to impose harsher penalties for OWI repeat offenses.
In relation to 1989 AB242, A.Amdt-1 was a specific proposition amending a general proposition. It retained the bill's changes concerning simple OWI and, in addition, imposed longer imprisonment and longer revocation of motor vehicle operating privileges on the person now convicted of one of the 3 most serious OWI offenses (killing, maiming or injuring another person) if that person, in the past 5 years, was convicted also of other OWI offenses including simple OWI or the 3 serious OWI offenses.
A specific proposition amending a general proposition is germane; see Assembly Rule 54 (4) (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.
327 [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):
