Assembly Journal of September 23, 2003 .......... Page: 372
Ruling on the point of order:
Speaker Gard in the chair.
Speaker Gard ruled well taken the point of order raised by Representative Black that Assembly substitute amendment 1 to Assembly Bill 519 was not germane under Assembly Rule 54.
Representative Gunderson appealed the ruling of the Chair.
The question was: Shall the decision of the Chair stand as the decision of the Assembly?
The roll was taken. The vote was: Ayes-32, Noes-66. Motion failed.
[Note:] The bill authorized the feeding of deer and elk in certain areas of the state and at certain times. The substitute amendment permitted the Department of Natural Resources to prohibit feeding of deer for viewing or hunting in a chronic wasting disease area.
The Speaker Gard (republican) ruled a point of order by the minority leader, Rep. Black (democrat) well taken, but the speaker's ruling was not sustained by the majority (republican).
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 3, 2004 .......... Page: 666
Point of order:
Representative Petrowski rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 462 was not germane under Assembly Rule 54.
Ruling on the point of order:
The Speaker Pro Tempore Freese ruled the point of order well taken.
[Note:] The bill prohibited an operator of a motor vehicle driving under an instructional permit or probationary license from using a cell phone for a certain period. The substitute amendment applied the prohibition to all periods the operator hold such a permit or license.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
Assembly Rule 54 (4) Amendments that are germane include:
(b) An amendment that accomplishes the same purpose in a different manner.
Assembly Journal of March 11, 2004 .......... Page: 887
Point of order:
Representative Friske rose to the point of order that Assembly substitute amendment 1 to Senate Bill 441 was not germane under Assembly Rule 54.
Ruling on the point of order:
The Speaker Pro Tempore Freese 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-59, Noes-37. Motion carried.
[Note:] The bill related to the definition of sexually violent person and the criteria for supervised release. The amendment added provisions relating to escape from custody and a committee to recommend a location for a facility for treatment of sexual predators.
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, 2004 .......... Page: 956
Point of order:
Representative Kaufert rose to the point of order that Assembly substitute amendment 1 to Senate Bill 568 was not germane under Assembly Rule 54.
Ruling on the point of order:
The Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Kreuser 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-55, Noes-38. Motion carried.
[Note:] The bill created an income tax credit for health care savings accounts. The amendment adopted for state income tax purposes the federal law as it relates to health savings accounts.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
2 0 0 3 S E N A T E
Senate Journal of November 5, 2003 .......... Page: 468
Point of order:
Senator Welch raised the point of order that Senate substitute amendment 1 to Senate Bill 250 was not germane.
Ruling on the point of order:
The Chair ruled the point of order well taken.
Senator Decker 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-18, Noes-14. Decision of the Chair stands as the judgement of the Senate.
[Note:] The bill related to the construction and operation of a Hmong cultural center. The substitute amendment provided grants for research, programs, and exhibits relating to the Hmong culture.
Senate Rule 50. Substitute amendments and amendments must be germane.
(6) The following substitute amendments or amendments are not germane:
(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.
2 0 0 1 A S S E M B L Y
Assembly Journal of February 15, 2001 .......... Page: 94
Point of order:
Representative Black rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 100 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken. Speaker Pro Tempore Freese cited as precedent the ruling on 1999 Assembly Bill 941 which appeared on page 921 of the Assembly Journal of April 11, 2000.
[Note:] The ruling mentioned above stated in part: "The rules clearly indicate that by adding an appropriation it does not expand the scope of the bill. This is a germane amendment. That's very clear from this Chair's perspective, under the rules."
Assembly Rule 54 (4) Amendments that are germane include:
(d) An amendment adding appropriations necessary to fulfill the original intent of a bill.
Assembly Journal of June 12, 2001 .......... Page: 282
Point of order:
Representative Seratti rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 184 was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of June 12, 2001 .......... Page: 288
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Seratti that Assembly substitute amendment 1 to Assembly Bill 184 was not germane.
[Note:] The bill related to reporting by nonresidents under the campaign finance law and the amendment to the acceptance of contributions.
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 October 4, 2001 .......... Page: 416
Point of order:
Representative Duff rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 320 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 created an education tax credit for businesses and the amendment related to tuition at the UW System and tuition grant programs.
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 October 16, 2001 .......... Page: 442
Point of order:
Representative Duff rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 565 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker pro tempore Freese ruled the point of order well taken.
[Note:] The bill eliminated the legislature's partisan caucus staffs without reducing the authorized number of legislative employees and the amendment reduced the authorized number of legislative positions.
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 1, 2001 .......... Page: 508
Point of order:
Representative Duff rose to the point of order that Assembly substitute amendment 3 to Assembly Bill 529 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
[Note:] The bill related to retired peace officers carrying a concealed weapon. The substitute amendment related to licenses to carry concealed weapons and grants for shooting ranges.
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:
(a) One individual proposition amending another individual proposition.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of November 1, 2001 .......... Page: 509
Point of order:
Representative Duff rose to the point of order that Assembly substitute amendment 4 to Assembly Bill 529 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
[Note:] The bill related to retired peace officers carrying a concealed weapon. The substitute amendment related to licenses to carry concealed weapons.
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:
(a) One individual proposition amending another individual proposition.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of November 1, 2001 .......... Page: 510
Point of order:
Representative Cullen rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 579 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken.
[Note:] The bill related to retired peace officers carrying a concealed weapon. The substitute amendment related to retired peace officers carrying a concealed weapon and driver's licenses issued by the department of transportation.
Assembly Rule 54 (4) Amendments that are germane include:
(b) An amendment that accomplishes the same purpose in a different manner.
(e) An amendment relating only to particularized details.
Assembly Journal of March 7, 2002 .......... Page: 749
Point of order:
