Ruling on the point of order:
The Chair ruled the point of order well taken.
Senator Carpenter 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-18, Noes-14. Decision of the Chair stands as the judgement of the Senate.
[Note:] The bill provided that marriage is only between one man and one woman. The amendment provided that marriage is only between one man who has never been divorced and one woman who has never been divorced.
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.
Senate Journal of November 5, 2003 .......... Page: 468
Point of order:
Senator Welch raised the point of order that Senate substitute amendment 1 to Senate Bill 250 was not germane.
Ruling on the point of order:
The Chair ruled the point of order well taken.
Senator Decker 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-18, Noes-14. Decision of the Chair stands as the judgement of the Senate.
[Note:] The bill related to the construction and operation of a Hmong cultural center. The substitute amendment provided grants for research, programs, and exhibits relating to the Hmong culture.
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.
Senate Journal of January 20, 2004 .......... Page: 554
Point of order:
Senator Welch raised the point of order that Senate amendment 6 to Assembly Bill 655 was not germane.
Ruling on the point of order:
The Chair ruled the point of order well taken.
Senator Wirch 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-18, Noes-15. Decision of the Chair stands as the judgement of the Senate.
[Note:] The assembly substitute amendment related to: air pollution control; administrative rules and hearings; structures, deposits, and other activities in or near navigable waters; notice, hearing, and review procedures related to permits to place structures and materials and to conduct activities in or near navigable waters; and granting rule-making authority.
The amendment added: increasing funding for local youth apprenticeship grants and increasing positions for the Governor's Work-Based Learning Board; granting rule-making authority; and making appropriations.
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.
Senate Journal of February 26, 2004 .......... Page: 642
Point of order:
Senator Moore raised the point of order that Senate amendment 1 to Senate substitute amendment 1 to Senate Bill 253 was not germane.
Ruling on the point of order:
The Chair ruled the point of order well taken.
Senator Decker 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-16, Noes-15. Decision of the Chair stands as the judgement of the Senate.
[Note:] The bill related to independent charter schools established by University of Wisconsin institutions.. The amendment eliminated state funding for those charter schools.
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.
Senate Journal of March 4, 2004 .......... Page: 669
Point of order:
Senator Welch raised the point of order that Senate amendment 1 to Senate Bill 298 was not germane.
The Chair took the point of order under advisement.
Senate Journal of March 9, 2004 .......... Page: 686
Ruling of the Chair:
On Thursday, March 4, 2004, Senator Carpenter introduced Senate Amendment 1 to Senate Bill 298. Senator Welch raised a point of order that Senate Amendment 1 was not germane to Senate Bill 298. The Chair took the point of order under advisement.
Senate Rule 50 (1) requires every amendment to a proposal to be germane to that proposal. Senate Rule 50 (6) (b) states that any amendment to a proposal that relates to a subject that is different from the subject of that proposal or that is intended to accomplish a purpose that is different from the purpose of that proposal is not germane. Senate Bill 298 is remedial legislation relating to the scope of the Code of Ethics for Local Public Officials. Senate Amendment 1 relates to the duration of the sales tax that is financing Miller Park construction costs. It is the opinion of the chair that Senate Amendment 1 relates to a subject that is different from the subject of Senate Bill 298 and that Senate Amendment 1 is intended to accomplish a purpose that is different from the purpose of Senate Bill 298. As a result, Senate Amendment 1 is not germane to Senate Bill 298.
Senator Carpenter 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-18, Noes-15. Decision of the Chair stands as the judgement of the Senate.
[Note:] The bill placed directors and officers of local professional baseball park districts and local cultural arts districts under the code of ethics for local public officials. The amendment sunsets the local professional baseball park district sales taxes.
Senate Rule 50. Substitute amendments and amendments must be germane. (1) Every substitute amendment and amendment to a proposal must be germane to that proposal.
(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.
Senate Journal of March 11, 2004 .......... Page: 721
Point of order:
Senator Panzer raised the point of order that Senate amendment 1 to Assembly Bill 119 was not germane.
Ruling on the point of order:
The Chair ruled the point of order well taken.
Senator Erpenbach 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-18, Noes-15. Decision of the Chair stands as the judgement of the Senate.
[Note:] The bill related to the reporting of information by nonresident registrants under the campaign finance law. The amendment modified the definition of "political purpose" in regard to communications within 60 days before an election.
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 14, 2001 .......... Page: 86
Point of order:
Representative Duff rose to the point of order that Assembly amendment 1 to Assembly Bill 42 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 related to the lease and operation of correctional facility and the amendment related to primary health care in the correctional facility.
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 February 15, 2001 .......... Page: 94
Point of order:
Representative Stone rose to the point of order that Assembly amendment 1 to Assembly substitute amendment 1 to Assembly Bill 100 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 related to a property tax exemption for airlines and the amendment to the repeal of the property tax exemption for automatic teller machines.
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.
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 March 6, 2001 .......... Page: 122
Point of order:
Representative Black rose to the point of order that Assembly amendment 5 to Assembly Bill 18 was not germane under Assembly Rule 54.
The Chair (Representative Duff) took the point of order under advisement.
Assembly Journal of March 6, 2001 .......... Page: 122
