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Assembly Journal of March 21, 1990 .......... Page: 975
Point of order:
Representative Radtke rose to the point of order that assembly amendment 1 to Senate Bill 190 [relating to Wisconsin conservation corps board participation in human services activities and making an appropriation] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] A.Amdt-1 added an appropriation to fund a Milwaukee project under the provisions of the substitute.
Under A.Rule 54 (4) (d), an "amendment adding appropriations necessary to fulfill the original intent of the proposal" is germane.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
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Assembly Journal of May 19, 1988 .......... Page: 1116
Point of order:
Representative Prosser rose to the point of order that assembly amendment 1 to Senate Bill 598 [relating to the homestead credit, farmland preservation credit, school property tax credit, vocational, technical and adult education incentive grants and making an appropriation] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope].
[Note:] In 1987 WisAct 399 [annual budget], the Legislature had enacted a sec. 3044 (6f), reading: "It is the intent of the legislature that state aid for elementary and secondary education funded with general purpose revenue will increase by at least $90,000,000 in the 1989-90 fiscal year as compared to the amount of such aid in the 1988-89 fiscal year."
A.Amdt.1 proposed to raise the amount of the intended increase from $90 million to $192 million.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
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Assembly Journal of May 22, 1986 .......... Page: 1114-15
Point of order:
165 Representative R. Travis rose to the point of order that assembly amendment 5 to Assembly Bill 13, May 1986 Spec. Sess., [relating to operating a motor vehicle while under the influence of an intoxicant, drugs or both, administrative and court-ordered revocation of operating privileges and chemical tests for intoxication, making an appropriation and granting rule-making authority] was not germane under Assembly Rule 54 (3)(f) [expansion of scope] and Assembly Rule 93 (1) [scope of session call exceeded].
The chair [Rep. Clarenbach, speaker pro tem] took the point of order under advisement. [Intervening text omitted]
[Note:] The bill provided for administrative or court-ordered driver's license revocation for drunk driving.
A.Amdt.5 increased, by $650,000, the state appropriation to the public defender board for investigators and private bar attorneys to handle some of the anticipated workload.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order on assembly amendment 5 to Assembly Bill 13, May 1986 Spec. Sess., not well taken.
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Assembly Journal of May 24, 1983 .......... Page: 220
Point of order:
Representative D. Travis rose to the point of order that assembly substitute amendment 1 to Assembly Bill 450 [relating to applicability of the Wisconsin environmental protection act and a schedule for the establishment of any new Milwaukee correctional institution, judicial review of related decisions and injunctive and other relief and right of first acquisition of abandoned railroad property] was not germane under Assembly Rule 54 (1) and (3) (f) [substantial expansion of scope] because it increases bonding authority and sets a specific site for the location of a prison.
Representative D. Travis also rose to the point of order that the bill was not properly before the assembly under section 13.49 (6) of the Wisconsin Statutes.
The speaker [Loftus] ruled that the bill was properly before the assembly because section 13.49 (6) of the Wisconsin Statutes did not require the referral of substitute amendments to the Joint Survey Committee on Debt Management.
The speaker also ruled that the substitute was germane under Assembly Rule 54 (4) (d) [adding appropriations necessary to fill original intent].
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Assembly Journal of February 27, 1979 .......... Page: 215
Point of order:
166 Representative Lallensack rose to the point of order that assembly substitute amendment 1 to Assembly Bill 46 [relating to increasing the ceiling on the public debt for veterans' mortgage loans and making an appropriation] was not germane under Assembly Rule 50 because the constitutional amendment providing for public debt for veterans' housing which was approved by the people in April 1975 (Wis. Constitution Article VIII,
Sections 3 and 7) provided for general obligation bonding and not revenue bonding as contained in the substitute amendment.
The speaker [Jackamonis] ruled the point of order not well taken because amendments to bills are not required to be germane to the constitution. He also ruled: 1) the substitution of revenue bonding for general obligation bonding was a matter of particularized details and not one individual proposition amending another, 2) the substitute was intended to accomplish the same purpose in a different manner, and 3) the scope of the proposal was not expanded by changing the amount of the appropriation.
Germaneness: expanding scope of proposal (not permitted)
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Assembly Journal of March 10, 1994 .......... Page: 772
Point of order:
Representative Freese rose to the point of order that assembly amendment 1 to Assembly Bill 1245 [relating to benefits under the work-not-welfare pilot program and the food stamp program; the treatment of stepparent income in determining eligibility for aid to families with dependent children; setting off certain amounts from state tax refunds; affecting funding and position authorizations for economic support programs; and making appropriations] was not germane under Assembly Rule 54 (3) (f).
The chair took the point of order under advisement.
[Note:] A.Amdt-1 dealt with the amount of state supplements to the federal supplemental security income program.
A.Amdt-3 proposed to establish, in Milwaukee county only, an electronic system to transfer food stamp benefits to their recipients.
Ruling of the chair:
The chair (Speaker pro tempore Carpenter) ruled well taken the point of order raised by Representative Freese that assembly amendment 1 to Assembly Bill 1245 was not germane.
Point of order:
Representative Bell rose to the point of order that assembly amendment 3 to Assembly Bill 1245 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of March 10, 1994 .......... Page: 770
Point of order:
167 Representative Bell rose to the point of order that assembly amendment 5 to Assembly Bill 1244 [relating to treatment of trusts and of certain transfers of assets for purposes of medical assistance eligibility; recovery of medical assistance benefits; requiring reduced spending for mental health institutes in certain circumstances; requiring payment to
mental health institutes for care of certain youths; expanding the allowable period for reduction of the mental health institutes' deficit; prohibiting medical assistance reimbursement for
services provided as the result of referral by self-interested physicians; providing an exemption from rule-making procedures; granting rule-making authority; and making an appropriation] was not germane under Assembly Rule 54 (3) (f).
[Note:] A.Amdt-5 proposed to increase state funding of payments "to certain providers of obstetric and gynecological care under the medical assistance program".
A.Amdt-6 (below) directed the department of health and social services to contract with health maintenance organizations in 12 semi-urban counties for medical services under medical assistance.
A.Amdt-1, which was taken up last, proposed to open certification to practice respiratory care, now limited to a committee of the AMA, to any "accrediting organization recognized" by the state's medical examining board.
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of March 10, 1994 .......... Page: 771
Point of order:
Representative Bell rose to the point of order that assembly amendment 6 to Assembly Bill 1244 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Representative Bell rose to the point of order that assembly amendment 1 to Assembly Bill 1244 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of March 10, 1994 .......... Page: 770
Point of order:
Representative Notestein rose to the point of order that assembly amendment 3 to Assembly Bill 1243 [relating to matching medical assistance funds for a federal grant to a county for services to children with serious emotional disturbances; distribution of certain unanticipated federal social services block grant funds; the basic county allocation of community aids funds; the receipt and expenditure of funds from other state agencies by the child abuse and neglect prevention board; foster care basic rates and supplemental payments; increasing funding for foster care and adoption services; African American foster parent recruitment grants; and making appropriations] was not germane under Assembly Rule 54 (3) (f).
[Note:] A.Amdt-3 and A.Amdt-2 (below) both dealt with care and treatment in mental health institutes. A.Amdt-3 contained a detailed cost allocation to the contributing county; A.Amdt-2 did not.
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Representative Notestein rose to the point of order that assembly amendment 2 to Assembly Bill 1243 was not germane under Assembly Rule 54 (3) (f).
168 The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of March 10, 1994 .......... Page: 768
Point of order:
Representative Bell rose to the point of order that assembly amendment 2 to Assembly Bill 1242 [relating to correctional institution enterprises; payments for temporary housing for or detention of prisoners; expansion of prisons; the amount paid for guardian ad litem fees in paternity proceedings; information regarding circuit court costs; reimbursement for witness costs; payment for the transcription of preliminary examinations; reimbursement for investigative and expert services provided in cases in which representation is provided by the state public defender; possession, with intent to manufacture or deliver, cocaine; adjusting the number of full-time equivalent positions authorized for the department of corrections; granting bonding authority; decreasing and making appropriations; and providing penalties] was not germane under Assembly Rule 54 (3) (f).
[Note:] The bill made small substantive changes throughout the existing criminal justice system under the statutes.
A.Amdt-2 proposed a $5 million grant in FY 94-95 to make grants to cities to supplement the number of uniformed patrol officers.
A.Amdt-4 (below) proposed a $500,000 grant to cities for neighborhoods that have high-level violent and drug-related crime.
A.Amdt-5 created an automatic waiver into adult court for children 16 years old or older who are accused of causing death or great bodily harm in committing a violation with a dangerous weapon.
A.Amdt-8 proposed a $40 million expansion of the general fund supported building program to create an assessment and evaluation center for juveniles.
A.Amdt-9 proposed the creation and operation of a veterans cemetery in southeastern Wisconsin.
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Representative Bell rose to the point of order that assembly amendment 4 to Assembly Bill 1242 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Representative Bell rose to the point of order that assembly amendment 5 to Assembly Bill 1242 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Representative Bell rose to the point of order that assembly amendment 8 to Assembly Bill 1242 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of March 10, 1994 .......... Page: 769
Point of order:
Representative Bell rose to the point of order that assembly amendment 9 to Assembly Bill 1242 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
169Assembly Journal of March 10, 1994 .......... Page: 765
Point of order:
Representative Bell rose to the point of order that assembly amendment 1 to Assembly Bill 1239 [relating to grain inspection fees; the agricultural chemical cleanup program; the charging of fees by the department of natural resources for reviewing and evaluating applications and notifications of intent for federal licensing of power projects; safety devices and size requirements for personal watercraft; and making appropriations] was not germane under Assembly Rule 54 (3) (f).
[Note:] All 4 amendments were riders expanding the scope of the proposal by hoping to attach new material only vaguely related to the content of the proposal.
A.Amdt-1 increased the amounts of state aid for compensation of costs incurred because of private well contamination.
A.Amdt-2 repealed a statute that now prevents fertilizer manufacturers and distributors from itemizing on an invoice charges or fees passed through to the consumer.
A.Amdt-4 proposed to shift the funding of $2,070,000 building projects from stewardship development funds to general fund supported borrowing authority.
A.Amdt-5 proposed to decrease the annual fees paid by nurseries of less than one acre.
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Representative Bell rose to the point of order that assembly amendment 2 to Assembly Bill 1239 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of March 10, 1994 .......... Page: 766
Point of order:
Representative Bell rose to the point of order that assembly amendment 4 to Assembly Bill 1239 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Representative Bell rose to the point of order that assembly amendment 5 to Assembly Bill 1239 was not germane under Assembly Rule 54 (3) (f).
