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.
Senate Journal of February 19, 1980 .......... Page: 1372
[Point of order:]
Senator Murphy raised the point of order that senate amendment 2 to Assembly Bill 887 [relating to raising limitations on awards for loss of society and companionship] was not germane. The chair took the point of order under advisement.
Senate Journal of February 19, 1980 .......... Page: 1374
Ruling of the chair [Pres. Risser]:
Earlier today the Senator from the 33rd, Senator Murphy, raised the point of order that senate amendment 2 to Assembly Bill 887 was not germane.
Senate amendment 2 would amend the title of the bill and add new language relative to attorney fees.
Senate Rule 50 (1) says in part "...nor shall the senate consider any substitute or amendment which relates to a different subject, is intended to accomplish a different purpose, would require a title essentially different or would totally alter the nature of the original proposal."
Therefore it is the opinion of the Chair that senate amendment 2 would alter the nature of the original proposal and that the point of order is well taken.
Senate Journal of February 7, 1980 .......... Page: 1285
[Point of order:]
Senator Adelman raised the point of order that senate amendment 1 [to Assembly Bill 813, relating to revising miscellaneous statutes affecting state administrative procedures] was not germane. The chair took the point of order under advisement.
349Senate Journal of February 14, 1980 .......... Page: 1332
By request of Senator Berger, with unanimous consent, the rules were suspended and the chair was permitted to rule on the point of order on Assembly Bill 813 [on] Tuesday, February 19.
Senate Journal of February 21, 1980 .......... Page: 1382
Ruling of the chair [Pres. Risser]:
On Thursday, February 7, 1980, Senator Adelman raised the point of order that senate amendment 1 to Assembly Bill 813 was not germane. The Chair took the point of order under advisement.
Assembly Bill 813 was introduced by request of the Judicial Council to make remedial changes in contested case procedures before state agencies. Senate amendment 1, by contrast, would make changes in agency rule making procedure by: 1) requiring all agencies to adopt as administrative rule decisions in contested cases at the time they are applied to "persons other than parties to the original contested case"; 2) requiring all agencies to adopt rules establishing a process for determining who are parties to a contested case. In effect, then, this amendment makes changes in rule making while the bill does not have that intent.
Senate Rule 50 (1) states that the senate shall not consider any amendment which, "...is intended to accomplish a different purpose, would require a title essentially different or would totally alter the nature of the original proposal."
It is the opinion of the Chair that senate amendment 1 would accomplish a different purpose and would alter the nature of the original proposal and therefore the point of order raised by Senator Adelman is well taken.
Senate Journal of February 19, 1980 .......... Page: 1388
[Point of order:]
Senator Adelman raised the point of order that senate amendment 3 [to Assembly Bill 813] was not germane.
Ruling of the chair [Pres. Risser]:
The Chair ruled that senate amendment 3 is identical to part of senate amendment 1 that the Chair ruled on earlier today and it is the opinion of the Chair that senate amendment 3 would accomplish a different purpose and would alter the nature of the original proposal and therefore the point of order raised by Senator Adelman is well taken.
Senate Journal of January 25, 1980 .......... Page: 1190
[Point of order:]
Senator Murphy raised the point of order that senate amendment 1 to senate substitute amendment 4 to Assembly Bill 77 [relating to prohibiting possession of a dangerous weapon by a convicted felon and providing a penalty] was not germane. The chair took the point of order under advisement.
[Note:] S.Amdt.1 to S.Sub.4 made it a misdemeanor if a firearms dealer failed to send a monthly report to the sheriff of the residence county of every person to whom a gun was sold during the month.
Senate Journal of January 25, 1980 .......... Page: 1192
Ruling of the chair [Pres. Risser]:
350 It is the opinion of the chair that senate amendment 1 created a new concept and new crime. It is substantially different from senate substitute amendment 4; therefore, the chair rules the point of order well taken.
Senate Journal of January 22, 1980 .......... Page: 1124
[Point of order:]
Senator Kleczka raised the point of order that senate 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.
[Note:] The bill, and S.Sub.1, were concerned with battery to persons 62 years of age or older.
S.Amdt.2 to S.Sub.1 had the effect of making any battery involving a high probability of great bodily harm a Class E felony.
Having failed in the senate, the same amendment was subsequently offered in the assembly as A.Amdt.2 to S.Sub.1. Speaker Jackamonis agreed with a point of order that the amendment changed the nature of the proposal (A.Jour. 1/23/80, p. 1882).
The chair [Pres. Risser] ruled the point of order not well taken.
Senate Journal of October 30, 1979 .......... Page: 935
[Point of order:]
Senator Swan raised the point of order that senate amendment 2 to Senate Joint Resolution 28 [to amend section 3 of article XI of the constitution, relating to Milwaukee city or county indebtedness for a sewage collection or treatment system (first consideration)] was not germane. The chair took the point of order under advisement.
Senate Journal of October 31, 1979 .......... Page: 972
Ruling of the chair [Pres. Risser]:
Yesterday, Senator Swan raised the point of order that senate amendment 2 to Senate Joint Resolution 28 was not germane. The question of germaneness is sometimes a close one and any judgment by the Chair could be validly question[ed by the body].
Senate Rule 50 (1) reads in part: "nor should the Senate consider any substitute or amendment which relates to a different subject, is intended to accomplish a different purpose, would require a title essentially different or would totally alter the nature of the original proposal".
In this case it is the Chair's opinion that the purpose of Senate Joint Resolution 28 is to expand the repayment period for indebtedness specifically for cities of the first class and Milwaukee County for the purpose of purchasing, constructing or improving a sewerage collection for treatment system. It is the opinion of the Chair that senate amendment 2 is intended to accomplish a different purpose and therefore the point of order is well taken.
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Assembly Journal of March 7, 1978 .......... Page: 3393
Point of order:
351 Representative Schneider rose to the point of order that assembly amendment 1 to senate amendment 1 to Assembly Bill 321 was not germane under Assembly Rule 50 (3) (e) and (f) because it negated the effect of senate amendment 1 to Assembly Bill 321 and expanded the scope of the bill by adding the word "severely". The speaker took the point of order under advisement.
Assembly Journal of March 8, 1978 .......... Page: 3450
The speaker [Jackamonis] ruled well taken the point of order raised by Representative Schneider on Tuesday, March 7 that assembly amendment 1 to senate amendment 1 to Assembly Bill 321 was not germane. The complete text of the speaker's ruling will be printed at a later date.
Assembly Journal of March 28, 1978 .......... Page: 4046
Point of Order Relating to Senate Amendment 1 to Assembly Bill 321
On March 7, 1978 the Representative from the 93rd Assembly District, Representative Schneider, raised the point of order that, under Assembly Rule 50, Assembly Amendment 1 to Senate Amendment 1 to 1977 Assembly Bill 321 is not germane and, thus, is not properly before the Assembly. In support of this point of order Representative Schneider pointed out that:
(1) under Assembly Rule 50 (3) (e) "an amendment which negates the effect of another amendment previously adopted" is not germane; and (2) under Assembly Rule 50 (3) (f) "an amendment which substantially expands the scope of the proposal" is also not germane. The Chair took the point of order under advisement.
Background
Assembly Bill 321 would prohibit the expenditure of state and local government funds on abortions except for: (1) those abortions which are medically determined to be needed either to save the lives of the women involved or to protect them from grave physiological injuries; and (2) those abortions performed to terminate pregnancies caused by rape or incest. Senate Amendment 1 eliminates the "grave physiological injury" exception to this general funding prohibition. Assembly Amendment 1 to Senate Amendment 1, on the other hand, would amend the Senate Amendment to create a new exception for abortions performed to prevent "severe physiological injury." (Emphasis added.) Assembly Rule 50 entitled "Germaneness of Amendments" is the principal rule governing the admissability of amendments in this house. Because the rule contains a good deal of broad, general and even somewhat conflicting language, the Chair is repeatedly called upon to interpret the rule's application to specific amendments. In determining the meaning of any rule, the Chair has attempted to favor the simplest construction consistent with the language of the rule and its apparent intent, the language and intent of other related rules, the general status and purposes of the body of rules of which the rule under question is a part, and the general powers and responsibilities which have been given to this house. The case in point is no exception.
