Senator Chilsen raised the point of order that senate amendment 6 was not germane.
The chair ruled the point of order not well taken.
1 9 8 1 A S S E M B L Y
Assembly Journal of March 16, 1982 .......... Page: 2767
Point of order:
Representative Thompson rose to the point of order that assembly amendment 5 to assembly substitute amendment 1 to Assembly Bill 742 [relating to preserving historic landmarks and places] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] The amendment created a "historic building code council" in DILHR, to recommend alternative building code standards permitting preservation or restoration of historic buildings as close as possible to original materials and techniques.
Arguably, the amendment added "particularized detail" [A.Rule 54 (4) (e)] to implement the purpose of the proposal.
The chair [Rep. Clarenbach] ruled the point of order not well taken.
[Motion for rejection entered; point of order repeated:]
Representative Wood rose to the point of order that assembly amendment 5 to assembly substitute amendment 1 to Assembly Bill 742 was not germane under Assembly Rule 54 (3) (f).
Representative Ulichny asked unanimous consent that assembly amendment 5 to assembly substitute amendment 1 to Assembly Bill 742 be laid on the table. Granted.
388Assembly Journal of January 28, 1982 .......... Page: 1922
Point of order:
Representative Flintrop rose to the point of order that assembly amendment 1 to assembly substitute amendment 8 to Assembly Bill 205 [relating to establishing pupil minimum competency examinations in public schools] was not germane under Assembly Rule 54 (1) because the amendment relates to labor relations rather than pupil minimum competency.
[Note:] The bill and A.Sub.8 dealt with pupil minimum competency testing. A.Amdt.1 recognized that the test scores would impact on teacher performance evaluation, and prohibited test score use "to discharge, suspend or formally discipline a teacher".
The speaker [Jackamonis] ruled the point of order not well taken and the amendment germane under Assembly Rule 54 (4) (a) [specific provision amending general provision] and (e) [particularized detail].
Assembly Journal of October 28, 1981 .......... Page: 1592
Point of order:
Representative Murray rose to the point of order that assembly amendment 3 to Assembly Bill 745 [relating to retail theft] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] As introduced, the bill established the value of the merchant's property without defining "merchant". The amendment incorporated the commercial code definition of merchant, expanded to include "innkeeper, motelkeeper or hotelkeeper".
Adding the definition was a question of "particularized detail" under A.Rule 54 (4) (e).
The speaker [Jackamonis] ruled the point of order not well taken.
Assembly Journal of October 20, 1981 .......... Page: 1336
Point of order:
Representative Prosser rose to the point of order that assembly substitute amendment 1 to Assembly Bill 590 [relating to excepting food product donors from civil liability] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope]. The speaker took the point of order under advisement.
Assembly Journal of October 21, 1981 .......... Page: 1364
The speaker [Jackamonis] ruled that assembly substitute amendment 1 to Assembly Bill 590 was germane under Assembly Rule 54 (4) (b) [same purpose accomplished in different manner] and (e) [particularized detail] and the point of order not well taken.
Assembly Journal of April 14, 1981 .......... Page: 359
Point of order:
389 Representative Kirby rose to the point of order that assembly substitute amendment 1 to Assembly Bill 33 [relating to increasing the maximum length of vehicles and providing a penalty] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] The original bill, in 3 SECTIONS, increased the authorized length for single vehicles from 35 feet to 40 feet.
The substitute retained the treatment of the 3 statutes and, in addition, made a change in the statute requiring red marking (flag or lantern)
whenever a load "or fixture" extends more than 4 feet beyond the body of the truck.
The substitute added "particularized detail" as authorized by A.Rule 54 (4) (c).
The speaker [Jackamonis] ruled the point of order not well taken.
Assembly Journal of February 19, 1981 .......... Page: 217
Point of order:
Representative Shoemaker rose to the point of order that assembly amendment 1 to Assembly Resolution 11 [relating to urging congress to continue the dairy price support program at 80% of parity] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] The resolution was concerned with dairy price supports and urged congress to continue that program at 80% of parity. The amendment added "unless tobacco price supports are eliminated".
The amendment did not urge congress to continue, or to discontinue, tobacco price supports (which might have expanded the scope of the resolution). Rather, it used elimination of tobacco price supports as a condition for withdrawing Wisconsin support for 80% dairy parity.
The speaker [Jackamonis] ruled the point of order not well taken.
1 9 8 1 S E N A T E
Senate Journal of March 31, 1982 .......... Page: 1906
Point of order:
Senator Hanaway raised the point of order that senate amendment 1 [to Assembly Bill 976, relating to printing and distribution of certain elections forms, supplies, bulletins and information and publication of certain elections notices by the elections board and making an appropriation] was not germane. The chair took the point of order under advisement.
390 [Note:] 1981 AB 976 changed a number of elections laws to as to achieve a mandated 8% expenditure reduction in election administration costs.
S.Amdt.1 looked suspicious because it added 19 pages of new material to the 7-page bill, but its contents was limited to the technical and minor substantive changes required to achieve the bill's objective.
Senate Journal of March 31, 1982 .......... Page: 1907
The chair [Pres. Risser] ruled that senate amendment 1 was germane and therefore the point of order raised by the senator from the 2nd, Senator Hanaway, was not well taken.
Senate Journal of March 9, 1982 .......... Page: 1659
Point of order:
Senator Offner raised the point of order that senate substitute amendment 2 to Senate Bill 407 was not germane.
[Note:] In its central provision, the original bill provided for a homeownership mortgage loan program, to be administred by the department of development.
S.Sub.2 served the same purpose, but placed administration into the Wisconsin housing finance authority.
Under S.Rule 50 (9), "new material added which does not affect the subject or purpose" of the proposal is a matter of detail and is germane.
The chair [Pres. Risser] ruled the point of order not well taken.
Senate Journal of October 6, 1981 .......... Page: 852
Point of order:
Senator Adelman raised the point of order that senate amendment 2 to senate substitute amendment 1 [to Senate Bill 250, relating to access to public records, creating an open records board, granting rule-making authority, making appropriations and providing a penalty] was not germane. The chair took the point of order under advisement.
Senate Journal of October 6, 1981 .......... Page: 858
Ruling of the chair [Pres. Risser]:
Earlier today, Senator Adelman raised the point of order that senate amendment 2 to senate substitute amendment 1 to Senate Bill 250 was not germane.
The bill relates generally to access to public records. Senate amendment 2, while dealing primarily with records of a certain type (those retrievable by use of an individuals name or other identifying characteristic), is also generally related to public records access.
The amendment relates to maintenance of records: what records may be maintained, how access to records may be gained, and how challenges to the accuracy of records may be made.
In regulating the maintenance of records, it also affects access to them.
A similar amendment was adopted by this body last session to an almost identical bill. A point of order was not raised at that time. It is the opinion of the chair that the question of germaneness is a close one. Therefore, the chair will rule the amendment germane and the point of order not well taken.
The body may reject the amendment and have the same effect of ruling it out of order.
391 1 9 7 9 A S S E M B L Y
Assembly Journal of February 21, 1980 .......... Page: 2329
Point of order:
Representative Wagner rose to the point of order that assembly amendment 5 to Assembly Bill 367 [relating to increasing marriage license application and related fees] was not germane under Assembly Rule 54 (3) (e) because it negates the effect of assembly amendment 4.
[Note:] The bill proposed to increase the fee for a marriage license from $4.50 to $9.50 without changing the state share ($1.50 per license). A.Amdt.4, which was adopted, authorized each county to set its own fee subject to a $9.50 maximum and the $1.50 state share.
Since it accepted marriage license fees set by county boards, A.Amdt 5 did not negate AA-4. A.Amdt.5 dealt only with the detail of county board fee setting (eliminate $9.50 maximum, $1.50 state share).
The speaker [Jackamonis] ruled the point of order not well taken.
Assembly Journal of January 22, 1980 .......... Page: 1864
Point of order:
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.
392 [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 April 26, 1979 .......... Page: 457
Point of order:
Representative Tuczynski rose to the point of order that assembly amendment 3 to assembly substitute amendment 1 to Assembly Bill 40 [relating to
restricting the pay of a public employe receiving a retirement benefit from a public employe retirement system, granting rule-making authority ....] was not germane under Assembly Rule 54 (3) (b) and (f) [substantial expansion of scope].
[Note:] Both the bill, and A.Sub.1, vested rule-making authority in the secretary of employe trust funds subject to the then established procedures under ch. 227, stats.
A.Amdt.3 proposed for such rules the administrative rules review and clearinghouse procedure later enacted as part of Chap. 34, Laws of 1979 (budget act).
The chair [Rep. Kirby] ruled the point of order not well taken.
Assembly Journal of February 27, 1979 .......... Page: 215
Point of order:
Representative Lallensack 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 because the constitutional amendment providing for public debt for veterans' housing which was approved by the people in April 1975 (Wis. Constitution Article VIII, Sections 3 and 7) provided for general obligation bonding and not revenue bonding as contained in the substitute amendment.
