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.
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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
The chair [Pres. Risser] ruled that senate amendment 3 was germane. The point of order was not well taken.
Senate Journal of June 4, 1981 .......... Page: 500
Point of order:
Senator Adelman raised the point of order that senate amendment 2 [to Senate Bill 163, relating to the procedures by which criminal defendants and parties to civil actions exercise the right to substitution of judge] was not germane.
[Note:] 1981 SB 163 was a judicial council bill to "clarify", for s. 971.20, stats., the "objective of allowing defendants in criminal trials one substitution of the assigned judge".
S.Amdt.2 proposed to expand application of the statute to prosecuting district attorneys.
344 The chair [Pres. Risser] ruled that pursuant to Senate Rule 50, senate amendment 2 to Senate Bill 163 changes the intent of the bill and the point of order is well taken.
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Assembly Journal of March 27, 1980 .......... Page: 3177
Point of order:
Representative Shoemaker rose to the point of order that assembly amendment 7 to Senate Bill 178 [relating to regulation of occupational therapists by the medical examining board, creating an occupational therapists examining council and granting rule-making authority] was not germane under Assembly Rule 54 (1). The speaker took the point of order under advisement.
[Note:] As received from the senate, the bill contained the sentence: "No person who designates herself or himself as an occupational therapist may
practice occupational therapy, or attempt to do so or make a representation as authorized to do so, without a license granted by the board".
A.Amdt.7 removed that sentence, but did not affect the balance of 1979 SB 178, "relating to regulation of occupational therapists by the medical examining board, creating an occupational therapist examining council and granting rule-making authority".
Assembly Journal of March 27, 1980 .......... Page: 3178
The speaker [Jackamonis] ruled not well taken the point of order raised by Representative Shoemaker that assembly amendment 7 to Senate Bill 178 was not germane.
Assembly Journal of March 26, 1980 .......... Page: 3121
Point of order:
Representative Shabaz rose to the point of order that assembly substitute amendment 1 to Senate Bill 166 [relating to issuing special identification cards for disabled persons, granting rule-making authority and providing a penalty] was not germane under Assembly Rule 54. The speaker took the point of order under advisement.
[Note:] The bill required special identification cards for disabled (handicapped) persons using handicapped vehicle registration plates to park the vehicle notwithstanding any time restrictions applicable to the parking space.
A.Sub.1 also required providing parking spaces reserved for handicapped parking in all parking lots.
Assembly Journal of April 2, 1980 .......... Page: 3333
The speaker [Jackamonis] ruled well taken the point of order raised by Representative Shabaz on Wednesday, March 26 that assembly substitute amendment 1 to Senate Bill 166 was not germane.
345Assembly Journal of March 11, 1980 .......... Page: 2538
Point of order:
Representative Shabaz rose to the point of order that assembly substitute amendment 1 to Assembly Bill 1159 [relating to limiting zoning exemptions for community living arrangements that house offenders] was not germane under Assembly Rule 54 (1).
[Note:] Existing law required special zoning permission for community living arrangements involving more than 8 offenders. 1979 AB 1159 proposed to apply the requirements for living arrangements involving more than 2 offenders.
A.Sub.1 (above) limited the 6-page proposal to a one-paragraph definitional change excluding all persons in work release programs from the legally authorized "community living arrangements".
A.Amdt.10 (below) would have required neighborhood involvement, and notification of the local governing body, before a permit for a community living arrangement could be granted.
The speaker [Jackamonis] ruled the point of order well taken under Assembly Rule 54 (1) [change nature of proposal], (3) (a) [one individual proposition amending another] and (f) [substantial expansion of scope].
Assembly Journal of March 11, 1980 .......... Page: 2544
Point of order:
Representative Wood rose to the point of order that assembly amendment 10 to Assembly Bill 1159 was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
Representative Kedrowski asked unanimous consent that assembly amendment 10 to Assembly Bill 1159 be withdrawn and returned to the author. Granted.
Assembly Journal of January 29, 1980 .......... Page: 1980
Point of order:
Representative Barry rose to the point of order that assembly amendment 3 to assembly substitute amendment 1 to Assembly Bill 67 [relating to equal insurance coverage of psychologists services] was not germane under Assembly Rule 54 (1).
[Note:] A.Amdt.3, which tried to restrict coverage to psychologist services performed "on referral from a physician", would have changed the nature of the proposal.
The speaker [Jackamonis] ruled the point of order well taken.
Assembly Journal of January 22, 1980 .......... Page: 1864
Point of order:
346 Representative Ferrall rose to the point of order that assembly substitute amendment 3 to Assembly Bill 966 [relating to creating a department of energy, and a division of public
utility consumer affairs in the department of justice, reorganizing the public service commission and state energy functions, granting rule-making authority, making appropriations and providing a penalty] was not germane under Assembly Rule 54 (3) (c) [misprint: (f)?] because it related to selection of members of the public service commission. The speaker took the point of order under advisement.
Assembly Journal of January 24, 1980 .......... Page: 1945
The speaker [Jackamonis] ruled well taken the point of order raised by Representative Ferrall that assembly substitute amendment 3 to Assembly Bill 966 was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
Assembly Journal of January 23, 1980 .......... Page: 1882
Point of order:
Representative Hauke rose to the point of order that assembly amendment 2 to senate substitute amendment 1 to Assembly Bill 8 [relating to battery to persons 62 years of age or older and providing a penalty] was not germane under Assembly Rule 54 (1).
The speaker [Jackamonis] ruled the point of order well taken.
[Note:] As returned by the Senate, 1979 AB 8 adhered to the original intent of changing battery to a person over 62 from a Class A misdemeanor to a Class E felony.
A.Amdt.2 (above) expanded the scope and purpose of the proposal by making every battery involving a high probability of great bodily harm a Class E felony.
A.Amdt.4 (below) retained the entire Senate version, but added a mandatory 1-year prison term [particularized detail].
Assembly Journal of January 23, 1980 .......... Page: 1884
Point of order:
Representative Hauke rose to the point of order that assembly amendment 4 to senate substitute amendment 1 to Assembly Bill 8 was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope] because it includes mandatory minimum sentencing.
The speaker [Jackamonis] ruled the point of order not well taken.
Assembly Journal of January 22, 1980 .......... Page: 1862
Point of order:
Representative Plewa rose to the point of order that assembly amendment 1 to Assembly Bill 883 [relating to duration of dispositional orders for children adjudged delinquent whose legal custody has been transferred to the department of health and social services] was not germane under Assembly Rule 54 [change nature or purpose of proposal].
347 [Note:] The bill was the result of interim research be the Legislative Council to remove a statutory conflict so that all juvenile court orders could be effective for one year even if the child reaches 18 during that time.
A.Amdt.1 (above) proposed to make an unrelated law - encouragement to violate probation or parole - apply to court-ordered supervision of juveniles.
A.Amdt. 3 (below) required the state to absorb any cost increase resulting from caring for juvenile delinquents beyond the 18th birthday.
The speaker [Jackamonis] ruled the point of order well taken. [Intervening text omitted.]
Assembly Journal of January 22, 1980 .......... Page: 1863
Representative Plewa rose to the point of order that assembly amendment 3 to Assembly Bill 883 was not germane under Assembly Rule 54.
The speaker [Jackamonis] ruled the point of order well taken.
Assembly Journal of May 8, 1979 .......... Page: 562
Point of order:
Representative Barry rose to the point of order that assembly amendment 2 to assembly substitute amendment 2 to Assembly Bill 245 [relating to the prohibition of the sale, distribution or use of the chemical compound 2, 4, 5 T and providing penalties] was not germane under Assembly Rule 54.
Representative Barry withdrew his point of order.
Representative Barry moved rejection of assembly amendment 2 to assembly substitute amendment 2 to Assembly Bill 245. [Intervening text omitted.]
Point of order:
Representative Kedrowski rose to the point of order that assembly substitute amendment 2 to Assembly Bill 245 was not germane under Assembly Rule 54 (1) because the bill provides for a complete ban but the substitute would allow the sale, use and distribution of pesticides, and therefore, would require a title substantially different from the original proposal. The speaker took the point of order under advisement.
Assembly Journal of May 8, 1979 .......... Page: 568
The speaker [Jackamonis] ruled well taken the point of order raised by Representative Kedrowski that assembly substitute amendment 2 to Assembly Bill 245 was not germane because provisions of the substitute requiring permits for and regulating applications of pesticides would require a title substantially different from the original title.
Assembly Journal of February 27, 1979 .......... Page: 216
Point of order:
Representative Lorman rose to the point of order that assembly substitute amendment 1 to Assembly Bill 46 [relating to increasing the ceiling on the public debt for veterans' mortgage loans and making an appropriation] was not germane under Assembly Rule 50 (1) because revenue bonds do not increase the debt ceiling as the title of the bill calls for.
[Note:] Both the bill and the substitute dealt with debt for veterans' mortgage loans, and Speaker Jackamonis had already ruled the the substitute "was intended to accomplish the same purpose in a different manner".
Although A.Sub.1 authorized revenue obligation bonding, both it and the original bill amended the statute limiting the debt authorization of the department of veterans affairs, s. 20.866 (2) (zn).
348 The speaker [Jackamonis] ruled the point of order not well taken.
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Senate Journal of March 13, 1980 .......... Page: 1536
[Point of order:]
Senator Berger raised the point of order that senate substitute amendment 3 to Senate Bill 320 [relating to elimination of the interest ceiling on loans secured by first lien real estate mortgages] was not germane. The chair took the point of order under advisement.
[Note:] S.Sub.3 was entitled "relating to interest rate ceilings, prepayment of loans, establishing a special study committee of the legislative council and providing a penalty".
Senate Journal of March 13, 1980 .......... Page: 1547
The Chair [Pres. Risser] ruled the point of order raised earlier today by Senator Berger not well taken.
Senator Berger 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: [Display of roll call vote omitted; ayes-27, noes-2.] So the decision of the chair shall stand as the judgment of the senate.
