Assembly Journal of March 9, 2000 .......... Page: 737
Point of order:
Representative Duff rose to the point of order that Assembly amendment 1 to Assembly Resolution 26 was not germane under Assembly Rule 54 (3) (f).
Speaker pro tempore Freese took the point of order under advisement.
Assembly Journal of March 29, 2000 .......... Page: 892
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Duff on Thursday, March 9, that Assembly amendment 1 to Assembly Resolution 26 was not germane under Assembly Rule 54.
[Note:] The resolution requested South Carolina to stop flying the confederate flag. The amendment prohibited expense reimbursement for out of state travel to attend meetings of organizations that have members from South Carolina.
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 March 14, 2000 .......... Page: 747
Point of order:
Representative Freese rose to the point of order that Assembly amendment 2 to Assembly Bill 456 was not germane under Assembly Rule 54 (3).
The Chair (Representative Duff) ruled the point of order well taken.
[Note:] The bill created an individual income tax deduction for medical insurance premiums if the employer paid nothing toward the premiums. The amendment created a sales tax exemption for nonprescription drugs.
Assembly Rule 54 (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 14, 2000 .......... Page: 748
Point of order:
Representative Freese rose to the point of order that Assembly amendment 3 to Assembly Bill 456 was not germane under Assembly Rule 54 (3).
The Chair (Representative Duff) ruled the point of order well taken.
[Note:] The bill created an individual income tax deduction for medical insurance premiums if the employer paid nothing toward the premiums. The amendment created a sales tax exemption for nonprescription drugs.
Assembly Rule 54 (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 14, 2000 .......... Page: 749
Point of order:
Representative M. Lehman rose to the point of order that Assembly substitute amendment 2 to Assembly Bill 735 was not germane under Assembly Rule 54.
The Chair (Representative Duff) ruled the point of order well taken.
[Note:] The bill established a single sales factor apportionment of income for corporate income tax purposes. ASA-1 decreased the gasoline tax rate.
Assembly Rule 54 (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 14, 2000 .......... Page: 750
Point of order:
Representative M. Lehman rose to the point of order that Assembly amendment 5 to Assembly Bill 735 was not germane under Assembly Rule 54.
The Chair (Representative Duff) ruled the point of order well taken.
[Note:] The bill established a single sales factor apportionment of income for corporate income tax purposes. ASA-1 provided state aid to agricultural land.
Assembly Rule 54 (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 24, 2000 .......... Page: 833
Point of order:
Representative Freese rose to the point of order that Assembly amendment 3 to Assembly substitute amendment 4 to Assembly Bill 892 was not germane under Assembly Rule 54 (3) (f).
Representative Boyle asked unanimous consent that Assembly amendment 3 to Assembly substitute amendment 4 to Assembly Bill 892 be withdrawn and returned to the author. Granted.
[Note:] The bill created a professional football stadium district and the amendment limited the salaries of the top officers.
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 March 28, 2000 .......... Page: 849
Point of order:
Representative Pettis rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 698 was not germane under Assembly Rule 54.
Speaker pro tempore Freese ruled the point of order well taken.
Representative Reynolds appealed the ruling of the Chair.
The question was: Shall the decision of the Chair stand as the decision of the Assembly?
The roll was taken. The vote was: Ayes-54, Noes-44. Motion carried.
[Note:] The bill granted immunity to private campground owners and operators for the actions of others. The amendment applied the bill to the owners and operators of private facilities.
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 March 30, 2000 .......... Page: 906
Point of order:
Representative Krug rose to the point of order that Assembly substitute amendment 1 to Senate Bill 362 was not germane under Assembly Rule 54 (3) (f).
Speaker pro tempore Freese ruled the point of order well taken.
[Note:] The bill required fiscal estimates for bills containing criminal penalties and the amendment created a joint review committee on criminal penalties.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
1 9 9 9 S E N A T E
Senate Journal of November 9, 1999 .......... Page: 334
Point of order:
Senator Chvala raised the point of order that Senate amendment 5 to Senate Bill 277 is not germane.
The Chair took the point of order on Senate amendment 5 to Senate Bill 277 under advisement.
Senate Journal of November 11, 1999 .......... Page: 344
Ruling of the Chair:
The Chair is prepared to rule on the point of order raised by the Senator Chvala on Tuesday, November 9, that Senate amendment 5 to Senate Bill 277 is not germane. It is the opinion of the Chair that Senate amendment 5 incorporates the language of Senate Bill 178 and clearly expands the purpose of the bill. Therefore, pursuant to Senate Rule 50 the Chair rules that Senate amendment 5 is not germane and the point of order is well taken.
[Note:] The bill related to: the lease and acquisition of privately built correctional facilities; fiscal estimates for bills containing criminal penalty provisions; the provision of medical services to prisoners; correctional institution placements of prisoners by the department of corrections; the effective date of various changes to felony penalties and to the structure of sentences of imprisonment in felony cases; and providing penalties.
The amendment added: contract authority of the department of corrections; prisoner access to personal information of persons who are not prisoners; requiring prisoners conducting telephone solicitations or answering toll-free telephone numbers to identify themselves as prisoners.
SENATE RULE 50. Amendments must be germane, general statement. (1) A standing committee may not report any substitute or amendment for any proposal originating in either house and referred to the committee and the senate may not consider any substitute or amendment that relates to a different subject, is intended to accomplish a different purpose, or would totally alter the nature of the original proposal.
(6) An amendment otherwise germane which adds or repeals material previously adopted or rejected by the senate in another bill is germane. An identical amendment or an amendment identical in effect to one previously rejected as another amendment to the same bill or identical to a proposal currently before the senate is not germane, but such amendments are germane if not identical with prior rejected amendments to the same bill or proposals currently before the senate.
(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.
The germaness rule regarding incorporating another senate proposal was restated in 2003 to read: "Senate Rule 50 (6) (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 7, 2000 .......... Page: 469
Point of order:
Senator Risser raised the point of order that Senate amendment 4 to Senate Bill 144 was not germane.
Ruling of the Chair:
The Chair ruled the point well taken.
[Note:] The bill prohibited smoking in the state capitol building or on the state capitol grounds. The amendment prohibited smoking in the City of Madison.
SENATE RULE 50. Amendments must be germane, general statement. (1) A standing committee may not report any substitute or amendment for any proposal originating in either house and referred to the committee and the senate may not consider any substitute or amendment that relates to a different subject, is intended to accomplish a different purpose, 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.
1 9 9 7 A S S E M B L Y
Assembly Journal of March 11, 1997 .......... Page: 88
Point of order:
Representative Freese rose to the point of order that Assembly amendment 4 to Assembly substitute amendment 1 to Assembly Bill 61 was not germane under Assembly Rule 54(3)(f).
Ruling on the point of order:
Speaker Brancel rule the point of order well taken.
[Note:] The substitute amendment related to hunting and fishing fees and to bear hunting. The amendment related to a safe drinking water program and bonding for it.
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 May 13, 1997 .......... Page: 147
Point of order:
Representative Seratti rose to the point of order that Assembly amendment 2 to Assembly Bill 104 was not germane under Assembly Rules 54 (1) and (3)(f).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
[Note:] The bill prohibited marriage between persons of the same sex. The amendment preserved the right of child to certain economic benefits if the marriage was legal where performed.
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 May 13, 1997 .......... Page: 147
Point of order:
Representative Seratti rose to the point of order that Assembly amendment 3 to Assembly Bill 104 was not germane under Assembly Rules 54 (1) and (3)(f).
Ruling on the point of order:
The Chair (Representative Duff) ruled the point of order well taken.
Representative Carpenter 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-42. Motion carried.
[Note:] The bill prohibited marriage between persons of the same sex. The amendment preserved the right of of a same-sex spouse for spousal consent for medical procedures if the marriage was legal where performed.
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 May 13, 1997 .......... Page: 148
Point of order:
Representative Carpenter rose to the point of order that Assembly substitute amendment 3 to Assembly Bill 104 was not germane under Assembly Rules 54 (1) and (3)(f).
Ruling on the point of order:
Speaker pro tempore Freese ruled the point of order well taken.
[Note:] The bill prohibited marriage between persons of the same sex. The substitute amendment related to marriage between one man and one woman.
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.
