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.
Assembly Journal of May 15, 1997 .......... Page: 154
Point of order:
Representative Freese rose to the point of order that Assembly amendment 1 to Assembly Bill 287 was not germane under Assembly Rules 54 (1) and (3) (f).
Representative Freese withdrew his point of order that Assembly amendment 1 to Assembly Bill 287 was not germane.
Representative Black asked unanimous consent that Assembly amendment 1 to Assembly Bill 287 be withdrawn and returned to the author. Granted.
[Note:] The bill stated that to increase the rate of the state sales tax that each house of the legislature needed a two-thirds vote. The amendment exempted from the two-thirds vote the sales tax on food.
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 15, 1997 .......... Page: 154
Point of order:
Representative Freese rose to the point of order that Assembly amendment 3 to Assembly Bill 287 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 Krug 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-51, Noes-47. Motion carried.
[Note:] The bill stated that to increase the rate of the state sales tax that each house of the legislature needed a two-thirds vote. The amendment also subjected increases in the gas tax to the two-thirds vote.
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 15, 1997 .......... Page: 154
Point of order:
Representative Freese rose to the point of order that Assembly amendment 4 to Assembly Bill 287 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 Krug 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-51, Noes-47. Motion carried.
[Note:] The bill stated that to increase the rate of the state sales tax that each house of the legislature needed a two-thirds vote. The amendment also subjected increases in fees to the two-thirds vote.
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 15, 1997 .......... Page: 154
Point of order:
Representative Freese rose to the point of order that Assembly amendment 5 to Assembly Bill 287 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 Krug 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-51, Noes-47. Motion carried.
[Note:] The bill stated that to increase the rate of the state sales tax that each house of the legislature needed a two-thirds vote. The amendment also subjected increases in University of Wisconsin System tuition to the two-thirds vote.
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 15, 1997 .......... Page: 154
Point of order:
Representative Freese rose to the point of order that Assembly amendment 6 to Assembly Bill 287 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 Schneider 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-50, Noes-48. Motion carried.
[Note:] The bill stated that to increase the rate of the state sales tax that each house of the legislature needed a two-thirds vote. The amendment also subjected increases temporary tax surcharges to the two-thirds vote.
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 15, 1997 .......... Page: 154
Point of order:
Representative Freese rose to the point of order that Assembly amendment 7 to Assembly Bill 287 was not germane under Assembly Rules 54 (1) and (3)(f).
Representative Ziegelbauer asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 9 be withdrawn from the committee on Rules and taken up at this time.
Representative Foti objected.
Representative Freese withdrew his point of order that Assembly amendment 7 to Assembly Bill 287 was not germane.
Representative Freese moved that Assembly amendment 7 to Assembly Bill 287 be laid on the table.
[Note:] The bill stated that to increase the rate of the state sales tax that each house of the legislature needed a two-thirds vote. The amendment exempted income tax increases for individuals with gross income of $1,000,000 from the two-thirds vote. Assembly Joint Resolution 9 established the two-thirds requirement in the constitution.
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 15, 1997 .......... Page: 157
Point of order:
Representative Freese rose to the point of order that Assembly amendment 8 to Assembly Bill 287 was not germane under Assembly Rules 54 (1) and (3)(f).
The Chair (Representative Duff) took the point of order under advisement.
Representative Freese withdrew his point of order that Assembly amendment 8 to Assembly Bill 287 was not germane.
Representative Freese moved that Assembly amendment 8 to Assembly Bill 287 be laid on the table.
[Note:] The bill stated that to increase the rate of the state sales tax that each house of the legislature needed a two-thirds vote. The amendment exempted corporate franchise tax increases for corporations with total gross receipts of $1,000,000,000 from the two-thirds vote.
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 June 10, 1997 .......... Page: 206
