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Senate Journal of March 22, 1988 .......... Page: 748
[Point of order:]
Senator Risser raised the point of order that senate substitute amendment 1 [to Senate Bill 351, relating to emergency detention, involuntary civil commitment, guardianship, protective services, transfer and discharge of involuntarily committed persons, recommitment evaluations, incompetency to refuse medication, emergency protective placement, training in emergency detention and emergency protective placement procedures for law enforcement officers, a presumption of good faith of individuals initiating emergency detentions, codifying a standard of performance for guardians of the person, requiring health insurance coverage of services provided under a court order, requiring the department of health and social services to study the implementation of crisis intervention services, other mental health requirements and granting rule-making authority] is not germane.
Senator Engeleiter asked unanimous consent that senate substitute amendment 1 be returned to the author. Senator Risser objected. The chair took the point of order under advisement.
Senate Journal of March 23, 1988 .......... Page: 775
Ruling of the chair:
On Tuesday, March 22, 1988, the Senator from the 26th, Senator Risser raised the point of order that senate substitute amendment 1 to Senate Bill 351 was not germane. The chair took the point of order under advisement.
Senate Bill 351 is a comprehensive bill relating to mental health commitment standards and processes, and alternatives thereto. The bill sets standards for commitment, amends current law relating to guardianship and court-ordered protective services, emergency detention, training in emergency procedures, crisis intervention services and coverage of court-ordered services under medical plans.
586 Senate substitute amendment 1 relates solely to commitment and emergency detention of persons based on specific circumstances. The substitute amendment eliminates many of the provisions of the original bill.
Senate Rule 50 (7) reads as follows: "A substitute or amendment relating to a specific subject or to a general class is not germane to a bill relating to a different specific subject, but an amendment limiting the scope of the proposal is germane."
Mason's Manual Section 402 (4) reads as follows: An entirely new proposal may be substituted by amendment so long as it is germane to the main purpose of the original proposal.
It is the opinion of the Chair that the main purpose of the original bill was to set standards for commitment. Therefore, in accordance with Senate Rule 50 (7) and Mason's Manual Section 402 (4), the amendment is germane, and the point of order is not well taken.
Senator Fred A. Risser
President of the Senate
Senate Journal of March 15, 1988 .......... Page: 704
[Point of order:]
Senator Feingold raised the point of order that the amendment [senate substitute amendment 1 to Senate Bill 505, relating to changing the maximum finance charge permitted in certain open-end credit plans that do not use a seller credit card] was not germane.
[Note:] The law provided an annual interest ceiling of 18% for most credit card purchases. SB 505 retained the 18% limit for store credit cards, but proposed to set the interest rate for general credit cards (Visa, Mastercard, etc.) at 7% above the interest rate applicable to 6-month U.S. treasury bills.
S.SubAmdt.1 proposed to deregulate (remove any interest ceiling) all open-ended credit cards.
The Chair [Pres. Risser] ruled the point of order well taken.
Senate Journal of March 10, 1988 .......... Page: 692
[Point of order:]
Senator Davis raised the point of order that senate substitute amendment 2 [to Senate Bill 317, relating to representation of annuitants in the Wisconsin retirement system on the retirement research committee, employe trust funds board and the state investment board] is not germane.
[Note:] SB 317 had a number of purposes, including election of retirement board members representing certain employe groups and repeal of a statute prohibiting certain types of employment by public members.
S.SubAmdt.2 contained most of the provisions of the bill, but did not contain the 2 purposes described. An amendment or substitute that narrows the scope of a proposal is germane.
587 The Chair [Pres. Risser] ruled the point of order not well taken.
Senate Journal of May 12, 1987 .......... Page: 173
[Point of order:]
Senator Te Winkle raised the point of order that senate substitute amendment 1 [to Senate Bill 166, relating to establishing a speed limit of 65 miles per hour for rural interstate highways] was not germane.
[Note:] S.SubAmdt.1 contained the entire text of the original bill and, in addition, proposed an energy conservation program to be financed by a part of the anticipated motor fuel tax revenue increased resulting from the speed limit increase.
The substitute amendment was not one "intended to accomplish a different purpose", nor did it "totally alter the nature of the original proposal"; it satisfied S.Rule 50 (1).
S.SubAmdt.1 may also have satisfied S.Rule 50 (9) in that it contained "new material added which does not affect the subject or purpose" of the bill.
The chair [Sen. Helbach] ruled the point of order not well taken.
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Assembly Journal of March 13, 1986 .......... Page: 866
Point of order:
Representative Wood rose to the point of order that assembly substitute amendment 1 to Assembly Bill 216 [relating to a property tax exemption for nonprofit theaters] was not germane under Assembly Rule 54 (3)(f).
[Note:] By proposing an exemption for both nonprofit theaters and "performing arts studios", the substitute amendment substantially expanded the scope of the proposal.
The speaker [Loftus] ruled the point of order well taken.
Assembly Journal of October 18, 1985 .......... Page: 518
Point of order:
Representative Neubauer rose to the point of order that assembly substitute amendment 1 to Senate Bill 8, September 1985 Spec. Sess. [relating to making an appropriation for funding for Forward Wisconsin, inc], was not germane under Assembly Rule 54.
588 [Note:] The bill, conforming to item 7 of the special session call (A.Jour. 9/26/85, p. 356), was limited to increasing the state contribution to Forward Wisconsin, inc.
A.Sub.1 proposed to reorganize the state's department of development to obtain, by reduced DOD operations, funds to be allocated to Forward Wisconsin.
The speaker [Loftus] ruled the point of order well taken.
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Senate Journal of May 22, 1986 .......... Page: 919
[Point of order:]
Senator Stitt raised the point of order that senate substitute amendment 1 [to Senate Bill 20, May 1986 Spec. Sess., relating to operating motor vehicles, blood alcohol concentration, operating privileges and providing penalties] was not germane.
[Note:] S.Sub.1, offered by the committee to which the bill had been referred, differed from the original only in matters of detail.
The chair [Pres. Risser] ruled the point of order not well taken.
Senate Journal of May 22, 1986 .......... Page: 915
[Point of order:]
Senator Chilsen raised the point of order that senate substitute amendment 1 [to Senate Bill 1, May 1986 Spec. Sess., relating to raising the legal drinking age to 21] was not germane.
The chair [Pres. Risser] ruled the point of order not well taken.
[Note:] Although S.Sub.1 would have permitted certain individuals at least 19 years of age to consume alcohol on certain premises, the overall intent of the substitute amendment was to raise the legal drinking age to 21.
S.Sub.2 [below], on the other hand, would have kept the legal drinking age at 19, requiring the 21-year age only for individuals not in possession of a valid Wisconsin photo ID or driver's license.
[Point of order:]
Senator Chilsen raised the point of order that senate substitute amendment 2 was not germane.
The chair [Pres. Risser] ruled the point of order well taken.
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Assembly Journal of April 4, 1984 .......... Page: 1145
Point of order:
589 Representative Kunicki rose to the point of order that assembly substitute amendment 1 to Senate Bill 485 [relating to health maintenance organizations] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] 1983 Senate Bill 485 dealt only with the operational procedures of HMOs; the A.Sub.1 dealt with required access of certain provider groups - dentists, optometrists, pharmacists, podiatrists - to participation in HMOs, PPOs and cooperative association health care plans. The bill touched cooperative association health care plans only to include them in the definition of HMOs; the amendment covered provider participation in all cooperative association health care plans, PPOs and HMOs.
The speaker [Loftus] ruled the point of order well taken.
Assembly Journal of March 20, 1984 .......... Page: 983
Point of order:
Representative Johnson rose to the point of order that assembly substitute amendment 1 to Senate Bill 663 [relating to the individual and corporate surtaxes, the homestead credit, the required general fund balance, reducing the bonding authority for highway projects, income tax exemptions, income and franchise tax deductions for intercorporate dividends and for insurers' loss carry-backs, property tax statements, the definition of the internal revenue code for purposes of the income, franchise, inheritance and minimum taxes, required health insurance coverage, income tax exemptions, utility taxes on telephone companies, decreasing the primary guaranteed valuation, providing penalties and making an appropriation] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
The speaker [Loftus] ruled the point of order well taken.
[Motion to suspend germaneness rule:]
Representative R. Travis moved that Assembly Rule 54 (3) (f) be suspended to allow consideration of assembly substitute amendment 1 to Senate Bill 663.
The speaker [Loftus] ruled the motion out of order.
Point of order:
Representative R. Travis rose to the point of order that the motion to suspend Assembly Rule 54 (3) (f) was proper. The speaker [Loftus] ruled the point of order not well taken because assembly substitute amendment 1 to Senate Bill 663 was not before the assembly.
Assembly Journal of March 7, 1984 .......... Page: 893
Point of order:
Representative Crawford rose to the point of order that assembly substitute amendment 1 to Assembly Bill 595 [relating to groundwater management, creating a council, granting rule-making authority, imposing penalties and making appropriations] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope] because it added many sections that were not included in the original bill.
The speaker [Loftus] ruled the point of order not well taken because substitute amendments were held to the less strict standards of germaneness contained in Assembly Rule 54 (1) [title, nature of proposal].
Assembly Journal of May 24, 1983 .......... Page: 220
Point of order:
590 Representative D. Travis rose to the point of order that assembly substitute amendment 1 to Assembly Bill 450 [relating to applicability of the Wisconsin environmental protection act and a schedule for the establishment of any new Milwaukee correctional institution, judicial review of related decisions and injunctive and other relief and right of first acquisition of abandoned railroad property] was not germane under Assembly Rule 54 (1) and (3) (f) [substantial expansion of scope] because it increases bonding authority and sets a specific site for the location of a prison.
Representative D. Travis also rose to the point of order that the bill was not properly before the assembly under section 13.49 (6) of the Wisconsin Statutes.
The speaker [Loftus] ruled that the bill was properly before the assembly because section 13.49 (6) of the Wisconsin Statutes did not require the referral of substitute amendments to the Joint Survey Committee on Debt Management.
The speaker also ruled that the substitute was germane under Assembly Rule 54 (4) (d) [adding appropriations necessary to fill original intent].
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Senate Journal of April 4, 1984 .......... Page: 849
[Point of order:]
The question was: Adoption of senate substitute amendment 1 [to Senate Bill 256, relating to a revision of the obscenity law and the penalty for its violation]?
Senator Cullen raised the point of order that senate substitute amendment 1 was not germane.
By request of Senator Cullen, with unanimous consent, he withdrew his point of order.
By request of Senator Chilsen, with unanimous consent, senate substitute amendment 1 was returned to the author.
The question was: Adoption of senate substitute amendment 2?
Senate Journal of April 4, 1984 .......... Page: 850
[Point of order:]
