Point of order:
Senator Farrow raised the point of order that Senate amendment 1 to Assembly Bill 344 is not germane.
Ruling on the point of order:
The Chair ruled the point well taken.
[Note:] The bill created a separate bargaining unit for law enforcement employees of the state. The amendment provided bulletproof garments for state traffic patrol officers.
SENATE RULE 50. Amendments must be germane, general statement. (1) No standing committee shall report any substitute or amendment for any proposal originating in either house referred to such committee 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 relating clause essentially different from the relating clause of the original proposal or would totally alter the nature of the original proposal.
(7) 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.
Senate Journal of March 19, 1996 .......... Page: 678
Point of order:
Senator Lasee raised the point of order that Senate amendment 2 to Senate Bill 541 is not germane.
Ruling on the point of order:
The Chair ruled the point well taken.
[Note:] The bill related to motor vehicle speed limits. The amendment provided bulletproof garments for state traffic patrol officers.
SENATE RULE 50. Amendments must be germane, general statement. (1) No standing committee shall report any substitute or amendment for any proposal originating in either house referred to such committee 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 relating clause essentially different from the relating clause of the original proposal or would totally alter the nature of the original proposal.
(7) 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.
Senate Journal of March 21, 1996 .......... Page: 694
Point of order:
Senator Zien raised the point of order that Senate amendment 3 to Senate Bill 602 is not germane.
Ruling on the point of order:
The Chair ruled the point well taken.
Senator Wineke appealed the ruling of the Chair.
The question was: Shall the decision of the Chair stand as the judgement of the Senate?
The roll was taken. The vote was: Ayes-17, Noes-16. Decision of the Chair stands as the judgement of the Senate.
[Note:] The bill related to contracts for confinement of prisoners out of state. The amendment directed the department of corrections to evaluate the impact of penalty enhancers and minimum mandatory sentences on prison populations.
SENATE RULE 50. Amendments must be germane, general statement. (1) No standing committee shall report any substitute or amendment for any proposal originating in either house referred to such committee 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 relating clause essentially different from the relating clause of the original proposal or would totally alter the nature of the original proposal.
(7) 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.
Senate Journal of March 26, 1996 .......... Page: 717
Point of order:
Senator Petak raised the point of order that Senate amendment 5 to Senate Bill 449 is not germane.
Ruling on the point of order:
The Chair ruled the point well taken.
Senator Grobschmidt appealed the ruling of the Chair.
The question was: Shall the decision of the Chair stand as the judgement of the Senate?
The roll was taken. The vote was: Ayes-17, Noes-16. The decision of the Chair stands as the judgement of the Senate.
[Note:] The bill related to the maximum benefit and contribution limits under the Wisconsin Retirement System. The amendment repealed the 5-year vesting requirement to receive an annuity under the Wisconsin Retirement System.
SENATE RULE 50. Amendments must be germane, general statement. (1) No standing committee shall report any substitute or amendment for any proposal originating in either house referred to such committee 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 relating clause essentially different from the relating clause of the original proposal or would totally alter the nature of the original proposal.
(7) 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.
Senate Journal of March 28, 1996 .......... Page: 749
Point of order:
Senator Chvala raised the point of order that Senate amendment 2 to Assembly Bill 841 is not germane.
Ruling on the point of order:
The Chair ruled the point not well taken.
[Note:] The bill created the crime of taking pictures of a nude person without consent. The amendment removed, for taking pictures of children, the provision that the taking must be without consent.
SENATE RULE 50. Amendments must be germane, general statement. (1) No standing committee shall report any substitute or amendment for any proposal originating in either house referred to such committee 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 relating clause essentially different from the relating clause of the original proposal or would totally alter the nature of the original proposal.
(7) 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.
Senate Journal of May 7, 1996 .......... Page: 795
Point of order:
Senator Panzer raised the point of order that Senate amendment 3 to Assembly Bill 1048 is not germane.
Ruling on the point of order:
The Chair ruled the point well taken.
[Note:] The bill related to the taxation of telephone companies. The amendment added an appropriation to the department of public instruction.
SENATE RULE 50. Amendments must be germane, general statement. (1) No standing committee shall report any substitute or amendment for any proposal originating in either house referred to such committee 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 relating clause essentially different from the relating clause of the original proposal or would totally alter the nature of the original proposal.
(7) 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.
Germaneness: general
2 0 0 3 S E N A T E
Senate Journal of March 10, 2004 .......... Page: 704
Point of order:
Senator Welch raised the point of order that Senate amendment 1 to Senate Resolution 32 was not germane.
The Chair took the point of order under advisement.
Senate Journal of March 11, 2004 .......... Page: 732
Senator Carpenter, with unanimous consent, asked that Senate amendment 1 to Senate Resolution 32 be withdrawn and returned to author.
[Note:] The resolution urged elected and appointed federal, state, and local officials to works to secure more federal funding for the state. The amendment pledged that the legislature will restore fiscal integrity to the state budget.
Senate Rule 50. Substitute amendments and amendments must be germane.
(6) The following substitute amendments or amendments are not germane:
(b) A substitute amendment or amendment to a proposal that relates to a subject that is different from the subject of that proposal, that is intended to accomplish a purpose that is different from the purpose of that proposal, that negates that proposal entirely, or that substitutes another proposal pending before the senate.
2 0 0 1 A S S E M B L Y
Assembly Journal of February 13, 2001 .......... Page: 77
Point of order:
Representative Albers rose to the point of order that Assembly amendment 1 to Assembly Bill 6 was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of February 13, 2001 .......... Page: 79
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Albers that Assembly amendment 1 to Assembly Bill 6 was not germane under Assembly Rule 54.
[Note:] The bill 1) eliminated the specific immunity exception under which cities, villages, town, and counties may be held liable for not repairing highways and 2) eliminated secondary liability for cities, villages, town, and counties. The amendment removed the first of the two but left the second in the bill.
Assembly Rule 54 (1) General statement: The assembly may not consider any assembly amendment or assembly substitute amendment that relates to a different subject or is intended to accomplish a different purpose than that of the proposal to which it relates or that, if adopted and passed, would require a relating clause for the proposal which is substantially different from the proposal's original relating clause or that would totally alter the nature of the proposal.
(3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
MASON'S MANUAL
Sec. 242. Limitations on Use of Points of Order
3. A point of order may not be raised on the ground that a bill does not conform to the subject matter as stated in the title because this is a question which must be decided by the body.
Assembly Journal of February 15, 2001 .......... Page: 94
Point of order:
Representative Kaufert rose to the point of order that Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 100 was not germane under Assembly Rule 54 because it made the effective date of Assembly Bill 100 contingent upon Assembly Bill 53 being enacted into law.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Cullen appealed the ruling of the chair.
The question was: Shall the ruling of the Chair stand as the ruling of the Assembly?
The roll was taken. The vote was: Ayes-56, Noes-40. Motion carried.
[Note:] There is no specific germaness rule on the issue of making the effective date of one bill contingent upon another bill being enacted into law. The following frequently cited rules may have been cited to support the ruling:
Assembly Rule 54 (1) General statement: The assembly may not consider any assembly amendment or assembly substitute amendment that relates to a different subject or is intended to accomplish a different purpose than that of the proposal to which it relates or that, if adopted and passed, would require a relating clause for the proposal which is substantially different from the proposal's original relating clause or that would totally alter the nature of the proposal.
(3) Assembly amendments that are not germane include:
(a) One individual proposition amending another individual proposition.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of November 8, 2001 .......... Page: 539
Point of order:
Representative Duff rose to the point of order that Assembly amendment 2 to Assembly Bill 542 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
[Note:] The bill increased the amount of a community youth grant to the Boys and Girls Club of Wisconsin from $50,000 to $500,000. The amendment removed the increase and also deleted the requirement for a grant of $50,000.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of January 23, 2002 .......... Page: 597
Point of order:
Representative Travis rose to the point of order that Assembly amendment 11 to Senate Bill 110 was not germane under Assembly Rule 54.
Ruling on the point of order:
The Chair (Representative Duff) ruled the point of order not well taken.
[Note:] The bill related to polling hours, time off from work for service as an election official, training of election officials, voting by felons and immigrants, requiring studies and recommendations with regard to voter registration, polling place staffing needs, use of separate locations for registration of electors on election day, and voting needs of multilingual and physically disabled electors, establishing satellite stations for purposes of conducting voter registration and absentee voting, and granting rule-making authority. The amendment related to the verification of voters not appearing on a voter registration list.
Assembly Rule 54 (4) Amendments that are germane include:
(e) An amendment relating only to particularized details.
Assembly Journal of January 24, 2002 .......... Page: 602
Point of order:
Representative Duff rose to the point of order that Assembly amendment 6 to Assembly Bill 726 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Black appealed the ruling of the Chair.
Representative Foti in the chair.
Speaker Pro Tempore Freese in the chair.
Representative Foti in the chair.
