The chair [Pres. Risser] ruled the point of order well taken.
Senator Chilsen appealed the ruling of the chair. The question was: Shall the decision of the chair stand as the judgment of the senate? The ayes and noes were required and the vote was [roll call vote omitted; ayes-17, noes-14]. So the decision of the chair shall stand as the judgment of the senate.
[Point of order:]
Senate amendment 2 offered by Senator Chilsen.
The question was: Adoption of senate amendment 2?
Senator Norquist moved rejection of senate amendment 2.
The question was: Rejection of senate amendment 2?
Senator Norquist raised the point of order that senate amendment 2 to Assembly Bill 812 was not germane.
The chair ruled the point of order well taken.
Senator Lorge appealed the ruling of the chair. The question was: Shall the decision of the chair stand as the judgment of the senate? The ayes and noes were required and the vote was [roll call vote omitted; ayes-18, noes-13]. So the decision of the chair shall stand as the judgment of the senate.
Senate Journal of March 28, 1984 .......... Page: 801
[Point of order:]
Senate substitute amendment 1 [to Assembly Bill 58, relating to eligibility of employes affected by lockouts for unemployment compensation benefits] offered by Senator Harsdorf. ( The question was: Adoption of senate substitute amendment 1?
339 Senator Theno raised the point of order that senate substitute amendment 1 was not germane.
[Note:] While the bill provided unemployment compensation benefits for employes affected by lockouts (thus deciding an issue), S.Sub.1 substituted a study by the council on unemployment compensation (with a possible report one year later).
In terms of deciding the issue itself, adoption of the substitute would have had the same effect (maintaining the status quo) as defeat of the bill. Consequently, the substitute attempted to "totally alter the nature of the original proposal" in violation of S.Rule 50 (1), and in violation of the rights of the authors of the proposal to have the issue considered and decided on its merits.
The approach was a common procedural error: if the legislature requires more information to decide an issue, then it is appropriate to re-refer the proposal to a standing committee for that information, but it is not appropriate to change the nature of the proposal itself. For a joint interim study by the 2 houses, the proper vehicle is a joint resolution requesting the legislative council to study the subject matter of the proposal.
(It appears that there has not been a contrary ruling since 7/18/63 [see Sen.Jour. p. 1620]. At that time, pres. pro tem. Sen. Frank Panzer had allowed a substitute amendment replacing decision with study, but the senate then rejected the substitute.)
The chair [Pres. Risser] ruled the point of order well taken.
Senate Journal of March 15, 1984 .......... Page: 721
[Point of order:]
Senate amendment 5 to senate substitute amendment 1 [to Senate Bill 180, relating to salt on highways] offered by Senator Harsdorf.
The question was: Adoption of senate amendment 5 to senate substitute amendment 1?
[Note:] Both the bill and S.Sub.1 dealt only with restricting the use of salt for snow removal. S.Amdt.5 proposed to authorize the use of studded snow tires for school buses.
Senator Strohl raised the point of order that senate amendment 5 to senate substitute amendment 1 was not germane.
The chair [Pres. Risser] ruled the point of order well taken.
Senate Journal of March 13, 1984 .......... Page: 709
[Background: Senate amendment 1 to senate amendment 1 to senate substitute amendment 1 to Senate Bill 500, "relating to extending eligibility for veterans benefits to veterans of United States military action in Lebanon and Grenada, offered by Senator Strohl.]
The question was: Adoption of senate amendment 1 to senate amendment 1 to senate substitute amendment 1?
Senator Van Sistine raised the point of order that senate amendment 1 to senate amendment 1 to senate substitute amendment 1 was not germane.
By request of Senator Strohl, with unanimous consent, senate amendment 1 to senate amendment 1 to senate substitute amendment 1 was returned to the author.
The question was: Adoption of senate amendment 1 to senate substitute amendment 1?
Senator Johnston 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 15, 1984 .......... Page: 720
Ruling of the chair [Pres. Risser]:
On Tuesday, March 13, 1984 the Senator from the 4th, Senator Johnston raised the point of order that senate substitute amendment 1 to Senate Bill 500 was not germane. Specifically the Senator from the 4th raised the point that section 17 of the amendment relating to special license plates for prisoners of war
expanded the scope of the bill. The chair took the point of order under advisement.
Section 17 of the substitute amendment amends section 341.14 (6) of the statutes to add the new veteran benefit group (Lebanon and Grenada) to those already referenced for special Ex-Prisoner of War Plates. Section 341.14 (6) currently provides the special plates for all defined as "Veteran" for state benefits.
Mason's Manual Section 402 (2) reads as follows "To determine whether an amendment is germane, the question to be answered is whether the question is relevant, appropriate, and in natural and logical sequence to the subject matter of the original proposal."
It is the opinion of the chair that it is appropriate and logical to insure that all veteran benefits are extended to the new group. Therefore the point of order raised by the Senator from the 4th is not well taken and the substitute amendment is germane.
Senate Journal of February 1, 1984 .......... Page: 570
[Background: Senate Bill 317, relating to exempting migrant workers enrolled in the university of Wisconsin system from nonresident tuition. Read a second time. Ordered to a third reading. By request of Senator Cullen, with unanimous consent, the bill was considered for final action at this time.]
Read a third time.
By request of Senator Engeleiter, with unanimous consent, the bill was referred to a second reading.
Read a second time.
Senate amendment 1 offered by Senators Engeleiter and Davis.
[Point of order:]
Senator Norquist raised the point of order that senate amendment 1 was not germane.
341 [Note:] To qualify for exemption from nonresident tuition, existing law required 12 months Wisconsin residence immediately preceding admission to the UW system. The bill exempted from nonresident tuition any migrant worker who had worked in Wisconsin for at least 2 months/year in 3 of the preceding 5 years.
S.Amdt.1 proposed to grant a limited exemption (5 credits per semester), not tied to any specified length of residence, to any person employed full-time in this state who moved to Wisconsin for the purpose of such employment.
The chair [Pres. Risser] ruled the point of order well taken.
Senate Journal of October 11, 1983 .......... Page: 403
[Point of order:]
Senator Strohl raised the point of order that senate amendment 2 [to Assembly Bill 93, relating to requiring public schools to instruct pupils on the relationship between highway safety and the use of drugs] was not germane.
[Note:] A.Amdt.2 proposed to make optional the existing mandatory highway safety instruction.
Although its sponsor may have considered the proposed change from mandatory to optional instruction a narrowing of the proprosal, the effect was to change the nature of both the proposal and the existing statute.
The chair [Pres. Risser] ruled the point of order well taken.
Senate Journal of October 11, 1983 .......... Page: 402
[Point of order:]
Senator Chilsen raised the point of order that senate substitute amendment 1 [to Assembly Bill 93, relating to requiring public schools to instruct pupils on the relationship between highway safety and the use of drugs] was not germane. The chair took the point of order under advisement.
Senate Journal of October 11, 1983 .......... Page: 403
Ruling of the chair [Pres. Risser]:
Earlier today, the Senator from the 29th District, Senator Chilsen, raised the point of order that senate substitute amendment 1 to Assembly Bill 93 was not germane.
The original bill would expand the current requirement to provide instruction on prevention of accidents and highway safety, to include the relationship of alcohol and controlled substances and highway safety. The substitute amendment would eliminate the current law on requiring instruction on prevention of accidents and highway safety. The point of order is well taken, and the substitute amendment is not germane.
1 9 8 1 A S S E M B L Y
Assembly Journal of May 28, 1982 .......... Page: 3534
Point of order:
342 Representative Loftus rose to the point of order that assembly amendment 1 to Assembly Resolution 1, May 1982 Special Session [requesting the governor to expand the call of the May 1982 special session of the legislature to include proposals relating to restriction of abortions in public hospitals] was not germane under Assembly Rule 54 (1) [nature of proposal changed].
[Note:] A.Amdt.1 proposed to change the resolution from a request for expanding the special session to a request for an extraordinary session to be called by the organization committees of the 2 houses.
While the amendment did relate to the operation of the assembly, it did not relate to the "organization of the legislature during the special session" as required by A.Rule 93 (1).
The speaker [Jackamonis] ruled the point of order well taken and the amendment not germane under Assembly Rule 54 (1) and Assembly Rule 93 (1) [germaneness to special session call].
Representative Thompson appealed the decision of the chair.
Representative Thompson asked unanimous consent to withdraw his appeal. Granted.
Assembly Journal of March 19, 1982 .......... Page: 2879
Point of order:
Representative Radtke rose to the point of order that assembly amendment 1 to assembly substitute amendment 1 to Assembly Bill 968 [relating to extending the sunset provision on the employer's power to elect to provide for early retirement for teachers under the state teachers retirement system] was not germane under Assembly Rule 54.
[Note:] The original bill extended the sunset from 1983 to 1989; A.Sub.1 extended the sunset for one year only but was drafted with greater precision to correct all statute subdivisions involved. A.Amdt.1, by making the sunset extension available only under a collective bargaining agreement, probably changed the nature of the proposal.
The speaker [Jackamonis] ruled the point of order well taken.
Assembly Journal of October 15, 1981 .......... Page: 1267
Point of order:
Representative Duren rose to the point of order that assembly amendment 2 to Assembly Resolution 13 [relating to urging congress to terminate United States military and financial assistance to the current government of El Salvador] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] The proposal dealt only with U.S. aid to the government; the amendment dealt only with aid by other countries to the anti-government insurgents.
The amendment totally changed the nature of the proposal and, consequently, was not germane under A.Rule 54 (1).
The speaker [Jackamonis] ruled the point of order well taken.
Assembly Journal of May 14, 1981 .......... Page: 519
Point of order:
343 Representative Hauke rose to the point of order that assembly amendment 3 to Assembly Bill 85 [relating to the maximum recovery level for tort actions against local governmental entities and agencies] was not germane under Assembly Rule 54 (1).
[Note:] 1981 AB 85 dealt with the dollar value of tort action recovery. The statutes allowed tort action recovery from local governments for highway defects or for "acts in official capacity". In both cases, the value of the tort claim was limited to $25,000. The bill proposed to increase the limit to $100,000.
A.Amdt.3 proposed to restrict the circumstances authorizing tort actions against local governments. This was not an amendment limiting the scope of the proposal; rather, it substantially expanded the scope by opening up the entire question of tort actions against local governments.
The speaker [Jackamonis] ruled the point of order well taken.
1 9 8 1 S E N A T E
Senate Journal of October 15, 1981 .......... Page: 924
Point of order:
Senator Chilsen raised the point of order that senate amendment 3 [to Senate Bill 499, relating to establishing a uniform statewide bar closing time] was not germane. The chair took the point of order under advisement.
[Note:] Under the law then in existence, bars were authorized to stay open from 8 a.m. to 1 a.m. but municipalities could require earlier closing. Milwaukee bars could stay open longer.
1981 SB 499 proposed a statewide authorized bar time from 6 a.m. to 2 a.m. but, in so doing, would have taken away the existing longer authorization for Milwaukee. S.Amdt.3 preserved the Milwaukee hours.
Senate Journal of October 15, 1981 .......... Page: 927
