The Chair ruled the point well taken.
Senator George 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-22, Noes-8. The decision of the Chair stands as the judgement of the Senate.
[Note:] The bill related to: the application of the business combination and the control share voting restriction provisions of the business corporation law; dry cleaning fees; nontarget population members; the date by which certain school board resolutions pertaining to the open enrollment programs must be adopted; loans made to school districts by the technology for educational achievement in Wisconsin board; the method for calculating contributions to the universal service fund; use of the universal service fund to make grants to certain school districts for telecommunications access; financial assistance for local recycling programs; funding for a boat landing located on the Wisconsin River in the town of Buena Vista; reports concerning the environmental cooperation pilot program; funding for air and solid and hazardous waste programs; studies of fish in the Great Lakes; eligibility for child care subsidies under the Wisconsin works program; increased funding for the benefit specialist program for older individuals; the amount that a county having a population of 500,000 or more must contribute for the provision of child welfare services in that county by the department of health and family services; the photographing of a person applying for or receiving kinship care payments, of employes and prospective employes of a person applying for or receiving kinship care payments and of adult residents and prospective adult residents of the home of a person applying for or receiving kinship care payments; eliminating cross-references to the Wisconsin works health plan; computing the aviation fuel tax; a sales tax and use tax exemption for samples of medicine and registration for use tax purposes; the international fuel tax agreement; the department of revenue's expenses to administer the fee on vehicle rentals; directing the department of revenue to not adjust individual income tax withholding tables and making a technical adjustment in the calculation of income tax liability by individual nonresidents and part-year residents of this state; the sales of food by institutions of higher learning; salary-setting authority of certain state bodies; reserve "Class B" intoxicating liquor licenses; the abolishment of the emergency response board; revocation of probation for failure to pay supervision fees owed to the department of corrections; and making an appropriation.
The amendment related to the delegation of authority over pension plans by local governments.
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 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 April 30, 1998 .......... Page: 645
Point of order:
Senator Plache raised the point of order that Senate amendment 1 to Assembly Bill 40 was not germane.
Ruling on the point of order:
The Chair ruled the point well taken.
[Note:] The bill related to the appointment of persons to act as village trustees or common council members. The amendment related to the recall of local government 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 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, 1998 .......... Page: 677
Point of order:
Senator Darling raised the point of order that Senate amendment 1 to Assembly amendment 1 to Senate amendment 4 to Assembly Bill 631 was not germane.
Ruling on the point of order:
The Chair ruled the point well taken.
[Note:] The bill related to charter schools. SA-4 required public hearings before creating charter schools. AA-1 to SA-4 changed a cross reference. SA-1 to AA-1 to SA-4 required all charter schools to be instrumentalities of the school district in which they were located.
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 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 18, 1998 .......... Page: 710
Point of order:
Senator Ellis raised the point of order that Senate amendment 16 to Senate substitute amendment 2 to April 1998 Special Session Senate Bill 2 was not germane.
Ruling on the point of order:
The Chair ruled the point of order well taken.
[Note:] The bill related to the Milwaukee Public Schools. The amendment related to payments for child care under the Wisconsin Works Program.
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 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 5 A S S E M B L Y
Assembly Journal of January 17, 1995 .......... Page: 40
Point of order:
Representative Freese rose to the point of order that Assembly amendment 4 to Assembly Bill 6 was not germane under Assembly Rule 54 (1).
Representative Bell asked unanimous consent that Assembly amendment 4 to Assembly Bill 6 be laid on the table. Granted.
[Note:] The bill made permanent the school district revenue limits. The amendment required a report on property taxes and the quality of education.
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 January 17, 1995 .......... Page: 40
Point of order:
Representative Freese rose to the point of order that Assembly amendment 5 to Assembly Bill 6 was not germane under Assembly Rule 54 (1).
Ruling on the point of order:
The speaker ruled the point of order well taken.
[Note:] The bill made permanent the school district revenue limits. The amendment provided that, if the school district revenue was less than the levy limit in the preceding year, the levy limit was increased by the difference between the two amounts.
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 January 17, 1995 .......... Page: 41
Point of order:
Representative Freese rose to the point of order that Assembly amendment 8 to Assembly Bill 6 was not germane under Assembly Rule 54 (1).
Ruling on the point of order:
The speaker ruled the point of order well taken.
Representative Hubler 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-52, Noes-46. Motion carried.
[Note:] The bill made permanent the school district revenue limits. The amendment exempted from the levy limits the "poorest" 10 percent of school districts.
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 17, 1995 .......... Page: 42
Point of order:
Representative Freese rose to the point of order that Assembly amendment 10 to Assembly Bill 6 was not germane under Assembly Rules 54 (1) and (3).
Representative Bell asked unanimous consent that Assembly amendment 10 to Assembly Bill 6 be laid on the table. Granted.
[Note:] The bill made permanent the school district revenue limits. The amendment exempted from the levy limits costs for interactive distance learning.
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 Rule 74. Tabling; taking from table. A motion to table disposes of a matter temporarily. The committee on rules may refer any tabled matter to an appropriate calendar. Unless the referral has been made, a tabled matter may be taken from the table at any time by order of the assembly.
Assembly Journal of January 17, 1995 .......... Page: 42
Point of order:
Representative Freese rose to the point of order that assembly amendment 11 to Assembly Bill 6 was not germane under Assembly Rule 54 (1).
Ruling on the point of order:
The speaker ruled the point of order well taken.
Representative Black 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-52, Noes-46. Motion carried.
[Note:] The bill made permanent the school district revenue limits. The amendment exempted from the levy limits costs for security measures.
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 February 16, 1995 .......... Page: 100
Point of order:
Representative Black rose to the point of order that Assembly substitute amendment 2 to Assembly Bill 37 was not germane under Assembly Rules 54(1) and 54(3)(f).
The chair (Speaker Pro Tempore Freese) took the point of order under advisement.
Ruling on the point of order:
The chair (Speaker Pro Tempore Freese) ruled not timely the point of order raised by Representative Black that Assembly substitute amendment 2 to Assembly Bill 37 was not germane because there were simple amendments to the substitute amendment pending. The simple amendments to the substitute amendment must be disposed of before a point of order on that substitute amendment would be in order.
Representative Black moved that Assembly substitute amendment 2 to Assembly Bill 37 be laid on the table.
[Note:] Assembly Rule 54 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 April 5, 1995 .......... Page: 204
Point of order:
Representative Coleman rose to the point of order that Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 126 was not germane under Assembly Rule 54(1). Representative Prosser added to the point of order that the Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 126 was not germane under Assembly Rule 54(3)(d).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of April 5, 1995 .......... Page: 205
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representatives Coleman and Prosser that Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 126 was not germane.
[Note:] The substitute amendment created exceptions to the ban on requests for increased appropriations to state agencies. The amendment deleted all statutory changes made by the bill and repealed the ban.
Assembly Rule 54 (3) (d) An amendment: 1) amending a statute or session law when the purpose of the bill is limited to repealing the law; or 2) repealing a statute or session law when the purpose of the bill is limited to amending the law.
Assembly Rule 69 (4) While a motion remains undecided pending the presiding officer's ruling on a point of order taken under advisement, it is dilatory to enter a substantially similar motion on the same question, but it is proper to request an expansion of the question under advisement.
Assembly Journal of March 20, 1996 .......... Page: 971
Point of order:
Representative Coleman rose to the point of order that Assembly amendment 2 to Assembly amendment 1 to Assembly Bill 908 was not germane under Assembly Rule 54 (1) and (3)(f).
Ruling on the point of order:
Speaker Pro Tempore Freese 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-51, Noes-46. Motion carried.
[Note:] The bill related to sexual assaults of an elementary or secondary school student by a school employee. The amendment also covered postsecondary schools.
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 March 21, 1996 .......... Page: 988
Point of order:
Representative Krug rose to the point of order that Assembly amendment 6 to Senate Bill 501 was not germane under Assembly Rule 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, an omnibus children's code bill, was 116 pages long and had a two-page relating clause. The amendment created standards of conduct for intake workers and disposition staff.
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.
