Speaker Pro Tempore ruled well taken the point of order raised by Representative Goetsch that Assembly Amendment 15 to Assembly Bill 465 was not germane.
[Note:] The bill related to classification and elements of felony offenses. The amendment created restrictions on firearm possession.
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 September 30, 1999 .......... Page: 363
Point of order:
Representative Duff rose to the point of order that Assembly amendment 4 to Assembly substitute amendment 1 to Assembly Bill 266 was not germane under Assembly Rule 54(1).
Speaker Pro Tempore Freese ruled the point of order well taken.
[Note:] The bill required educational agencies to install filtering software on their computers. The amendment also required all computers used by the legislature to have the software installed.
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.
Assembly Journal of September 30, 1999 .......... Page: 363
Point of order:
Representative Duff rose to the point of order that Assembly amendment 5 to Assembly substitute amendment 1 to Assembly Bill 266 was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese ruled the point of order well taken.
[Note:] The bill required educational agencies to install filtering software on their computers. The amendment also required all computers owned by the legislature to have the software installed.
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.
Assembly Journal of November 3, 1999 .......... Page: 502
Point of order:
Representative Underheim rose to the point of order that Assembly amendment 17 to Assembly substitute amendment 1 to Assembly Bill 518 was not germane under Assembly Rule 54.
Speaker pro tempore Freese ruled the point of order well taken.
Representative Bock 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-54, Noes-44. Motion carried.
[Note:] The bill required internal grievance procedures for insurers. The amendment allowed direct access to specialist providers without a referral.
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.
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 November 3, 1999 .......... Page: 502
Point of order:
Representative Underheim rose to the point of order that Assembly amendment 18 to Assembly substitute amendment 1 to Assembly Bill 518 was not germane under Assembly Rule 54.
Speaker pro tempore Freese ruled the point of order well taken.
Representative Bock 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-54, Noes-44. Motion carried.
[Note:] The bill required internal grievance procedures for insurers. The amendment allowed suit against managed care plans.
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.
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 15, 2000 .......... Page: 758
Point of order:
Representative Powers rose to the point of order that Assembly amendment 4 to Assembly substitute amendment 1 to Assembly Bill 187 was not germane under Assembly Rule 54 (1).
Speaker pro tempore Freese took the point of order under advisement.
Assembly Journal of March 15, 2000 .......... Page: 761
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Powers that Assembly amendment 4 to Assembly substitute amendment 1 to Assembly Bill 187 was not germane
[Note:] ASA-1 created a service award program for volunteer fire fighters and the amendment applied the program to both volunteer and paid fire fighters.
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.
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 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
