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: 99
Point of order:
Representative Walker rose to the point of order that Assembly amendment 1 to Assembly substitute amendment 2 to Assembly Bill 37 was not germane under Assembly Rule 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 well taken the point of order raised by Representative Walker that Assembly amendment 1 to Assembly substitute amendment 2 to Assembly Bill 37 was not germane.
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-51, Noes-48. Motion carried.
[Note:] The substitute amendment amended the campaign finance law. The amendment permitted only candidates and personal campaign committees to make campaign expenditures.
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 February 16, 1995 .......... Page: 99
Point of order:
Representative Duff rose to the point of order that Assembly amendment 3 to Assembly substitute amendment 2 to Assembly Bill 37 was not germane under Assembly Rule 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 well taken the point of order raised by Representative Walker that Assembly amendment 3 to Assembly substitute amendment 2 to Assembly Bill 37 was not germane.
Representative Boyle 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 substitute amendment amended the campaign finance law. The amendment placed limits expenditures from campaigns receipts of campaigns for the office of representative to the assembly and covered representatives under the state campaign fund during primary elections.
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 February 16, 1995 .......... Page: 101
Point of order:
Representative Walker rose to the point of order that Assembly amendment 6 Assembly substitute amendment 2 to Assembly Bill 37 was not germane under Assembly Rule 54(3)(f).
Ruling on the point of order:
The chair (Speaker Pro Tempore Freese) ruled the point of order well taken.
Representative Baldwin 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-48. Motion carried.
[Note:] The substitute amendment amended the campaign finance law. The amendment limited independent disbursements for state and local offices.
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 September 20, 1995 .......... Page: 473
Point of order:
Representative Duff rose to the point of order that Assembly amendment 7 to Assembly Bill 554 not germane under Assembly Rule 54(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-50, Noes-40. Motion carried.
[Note:] The bill permitted regional interstate banking. The amendment prohibited the disclosure of credit card records.
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: 504
Point of order:
Representative Foti rose to the point of order that Assembly amendment 23 to 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: 507
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Foti that Assembly amendment 23 to Assembly substitute amendment 1 to Assembly Bill 1, September 1995 Special Session was not germane because the amendment is an expansion of the scope of the bill. There is no mention in the bill of sky boxes or private luxury boxes by professional sports teams and because of that under Assembly Rules, it is clearly an expansion of the bill.
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-51, Noes-48. Motion carried.
[Note:] The bill created a local professional baseball park district. The amendment imposed the sales tax on the sky boxes.
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 September 28, 1995 .......... Page: 513
Point of order:
Representative Grothman rose to the point of order that Assembly amendment 18 to Assembly substitute amendment 1 to Assembly Bill 441 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: 515
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Grothman that Assembly amendment 18 to Assembly substitute amendment 1 to Assembly Bill 441 was not germane.
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-53, Noes-43. Motion carried.
[Note:] The bill created additional requirements for a woman's informed consent for an abortion and to consent for a minor obtaining an abortion. The amendment prohibited the use of genetic tests by insurers and prohibited the requiring of abortions based on the results of genetic tests.
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 14, 1995 .......... Page: 656
Point of order:
Representative Johnsrud rose to the point of order that Assembly amendment 3 to Senate amendment 3 to Assembly Bill 69 was not germane under Assembly Rule 54(3)(f).
Ruling on the point of order:
Speaker Pro Tempore Freese 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-51, Noes-44. Motion carried.
[Note:] The senate amendment grandfathered for three-years ordinances having a waiting period for purchase of a handgun of no more that 7 days. The amendment also grandfathered for three years ordinances that prohibited carrying of a loaded or uncased firearm.
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 14, 1995 .......... Page: 656
