The Chair (Representative Duff) ruled the point of order not well taken.
[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 changed the two-thirds vote to a three-fourths 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 November 19, 1997 .......... Page: 427
Point of order:
Representative Notestein rose to the point of order that Assembly amendment 6 to Assembly substitute amendment 1 to Assembly Bill 463 was not germane under Assembly Rule 54 (3) (f).
Speaker pro tempore Freese took the point of order under advisement.
Assembly Journal of November 19, 1997 .......... Page: 430
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Notestein that Assembly amendment 6 to Assembly substitute amendment 1 to Assembly Bill 463 was not germane under Assembly Rule 54(3)(f).
[Note:] The bill established juvenile court jurisdiction over pregnant women who abuse alcohol or controlled substances to a severe degree. The amendment defined unborn child as from time of fertilization to time of birth.
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 19, 1998 .......... Page: 910
Point of order:
Representative Krug rose to the point of order that Assembly substitute amendment 1 to Senate Bill 2, April 1998 Special Session was not germane under Assembly Rule 54(3)(f).
Ruling on the point of order:
Speaker Jensen ruled not well taken the point of order raised by Representative Krug that Assembly substitute amendment 1 to Senate Bill 2, April 1998 Special Session was not germane under Assembly Rule 54(3)(f).
The lady from the 12th and the gentleman from the 7th have asserted that the proposal is not germane on the grounds that the proposal substantially expands the scope of the proposal.
The proposed substitute amendment, Assembly Substitute Amendment 1 to Special Session Senate Bill 2, proposes to make various changes to the statutes governing the public school system in a 1st class city. One provision in the relating clause provides that this proposal relates to "reorganizing" schools in first class cities. It could be argued that this provision only narrows the scope of this proposal and provides for a particularized detail (by providing for the creation of a commission and the placement of certain referendum questions concerning the reorganization of schools in first class cities in the spring, 1999 election). In addition, both the original bill and the proposed substitute have appropriations. This amendment is clearly germane under Assembly Rule 54(4).
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-49, Noes-40. Motion carried.
[Note:] 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 7 S E N A T E
Senate Journal of May 13, 1997 .......... Page: 163
Point of order:
Senator Moen raised the point of order that Senate amendment 2 to Assembly Bill 186 is not germane.
Ruling on the point of order:
The Chair ruled the point not well taken.
[Note:] The bill related to the notification of the general public concerning sex offenders. The amendment related to sex offender registration requirements.
SENATE RULE 50. Amendments must be germane, general statement.
(9) Amendments relating only to detail are germane. The use of a different committee to make an investigation, limitations on the effective date, the number of members on a board, or new material added which does not affect the subject or purpose are matters of detail and are germane.
1 9 9 5 A S S E M B L Y
Assembly Journal of March 7, 1995 .......... Page: 137
Point of order:
Representative Harsdorf rose to the point of order that Assembly amendment 5 to Assembly Bill 159 was not germane under Assembly Rule 54(3)(f).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of March 7, 1995 .......... Page: 138
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Harsdorf that Assembly amendment 5 to Assembly Bill 159 was not germane under Assembly Rules 54(3)(f).
Representative Prosser moved that Assembly amendment 5 to Assembly Bill 159 be laid on the table.
[Note:] The bill related to committing a violent crime at or near a school. The amendment expanded the definition of a school zone to include school bus stops where students are waiting for or being dropped off by a school bus.
Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of June 28, 1995 .......... Page: 357
Point of order:
Representative Freese rose to the point of order that Assembly substitute amendment 2 to Assembly Bill 146 was not germane under Assembly Rule 54(3)(f).
Speaker Prosser took the point of order under advisement.
Ruling on the point of order:
Speaker Prosser ruled not well taken the point of order raised by Representative Freese that Assembly substitute amendment 2 to Assembly Bill 146 was not germane.
Representative Freese moved that Assembly substitute amendment 2 to Assembly Bill 146 be laid on the table.
[Note:] The bill created the crime of causing the death to an unborn child. The substitute amendment created the crime of battery to a pregnant female resulting in great bodily harm to or death of her fetus.
Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of September 20, 1995 .......... Page: 471
Point of order:
Representative Krug rose to the point of order that Assembly amendment 2 to Assembly Bill 229 was not germane under Assembly Rule 54(3)(f).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of September 28, 1995 .......... Page: 519
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Krug on Wednesday, September 20 that Assembly amendment 2 to Assembly Bill 229 was not germane.
[Note:] The bill increased the period on no contact after an arrest in a domestic abuse incident from 24 to 72 hours. The amendment permitted each county to establish the no contact period of between 72 hours and 7 days.
Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of September 27, 1995 .......... Page: 507
Point of order:
Representative Plache rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 1, September 1995 Special Session was not germane under Assembly Rule 54(3)(f).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of September 27, 1995 .......... Page: 508
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Plache that Assembly substitute amendment 1 to Assembly Bill 1, September 1995 Special Session was not germane because the bill and the substitute amendment have virtually the same relating clause except eliminated the room tax and the highway infrastructure which, according to Assembly Rule 54(4)(c), is germane because it was limiting the scope of the proposal.
Assembly Bill 1, September 1995 Special Session created a local professional baseball park district in certain jurisdictions that is made up of multi counties contiguous to that county and that is two counties.
Assembly substitute amendment 1 also establishes a professional baseball park made up of multi counties that are contiguous and that is five counties.
Both the bill and the substitute amendment have components that deal with governance those differences that are within the components are different based on a particularized details of the jurisdictions. Both refer to jurisdiction in the plural.
Assembly Bill 1, September 1995 Special Session and Assembly substitute amendment 1 are both germane to the special session call. Where in fact, on the previous ruling dealing with the luxury box should have taken this point into consideration.
In the previous ruling of Assembly amendment 23 to Assembly substitute amendment 1, I neglected to include in that ruling that the amendment is not germane to the call under Assembly Rule 93(1) because no proposal may be considered by the Assembly unless they are germane to the session. We established that it was an expansion based on the fact we had a one tenth of one percent local taxing jurisdiction compared to the amendment that was offering to do a 5.5% in most taxing jurisdictions or most counties and was available to do in all 72 counties if there were indeed a professional type of facility that would use the luxury sky box or that type of system so it was an expansion because it not only raised it from one-tenth of one percent at a local jurisdiction but it was establishing 5.5% statewide sales tax opportunity.
Assembly amendment 23 to Assembly substitute amendment 1 also is dramatically different from the standpoint that it is an expansion, Assembly substitute amendment 1 is dealing with particularized details in the fact that we're dealing with a multi county jurisdiction in both the substitute and the bill.
Representative Plache 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-47. Motion carried.
[Note:] Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of October 5, 1995 .......... Page: 555
Point of order:
Representative Bock rose to the point of order that Assembly amendment 22 to Assembly substitute amendment 1 to Assembly Bill 557 was not germane under Assembly Rule 54(3)(f).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken.
[Note:] The bill was a budget adjustment bill. The amendment related to the transportation facilities economic assistance and development aid.
Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of November 8, 1995 .......... Page: 620
Point of order:
Representative Bock rose to the point of order that Assembly amendment 2 to Assembly Bill 393 was not germane under Assembly Rule 54(3)(f).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of November 8, 1995 .......... Page: 620
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Bock that Assembly amendment 2 to Assembly Bill 393 was not germane.
[Note:] The bill created a special committee on management and maintenance of state-owned heating and cooling plants. The amendment required that the committee also study the ownership options of the plants.
Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of January 31, 1996 .......... Page: 807
Point of order:
Representative Hubler rose to the point of order that Assembly substitute amendment 2 to Assembly Bill 13 was not germane under Assembly Rule 54(3)(f).
Ruling on the point of order:
