401 [Note:] The bill proposed a $2 per fee increase for certain real estate document registration, to fund a real estate records management system, responsible in each county to the county board.
A.Sub.Amdt-1 increased the same fees by $4 (plus another $2 two years later) but dedicated to proceeds in each county to land information modernization mandated in the state budget, to be coordinated by the state's land information board and department of administration.
The substitute, correctly reflecting its content, had an entirely new title: "relating to funding the land information board and land information modernization and making appropriations."
The difference between the 2 titles notwithstanding, the substitute was germane as accomplishing the same purpose (improved land records management) in a different manner; A.Rule 54 (4) (b).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Assembly Journal of May 23, 1989 .......... Page: 177
Point of order:
Representative Medinger rose to the point of order that assembly substitute amendment 1 to Assembly Bill 286 [relating to contributions to retailers by brewers and wholesalers of fermented malt beverages] was not germane under Assembly Rule 54. The speaker took the point of order under advisement.
[Note:] Existing law prohibited, with some exceptions, brewers and wholesalers from giving things of value to retailers of fermented malt beverages. One of the exceptions was for the nonprofit corporation which, with city participation, conducts Milwaukee's "Summerfest". 1989 AB 286, in the form of a population act for all 2nd class cities with a 1986 population "of at least 49,000 but less than 50,000", proposed to create a new statute granting a similar exemption to the LaCrosse "October Fest".
Assembly substitute amendment 1, instead, proposed to amend the existing statute granting Milwaukee's exception so that it would cover every "nonprofit corporation which is conducting festivals of limited duration if the festivals are sponsored and endorsed in whole or part by a municipal corporation".
Although the substitute might have expanded the scope of the proposal, it did not "totally alter the nature of the proposal" or require a title "substantially different from the proposal's original title" - except for the statute number referenced, the 2 titles were, in fact, identical.
Ruling of the chair [p. 179]:
The speaker [Loftus] ruled not well taken the point of order raised by Representative Medinger on Tuesday, May 23 that assembly substitute amendment 1 to Assembly Bill 286 was not germane.
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Assembly Journal of January 30, 1986 .......... Page: 629
Point of order:
402 Representative Seery rose to the point of order that assembly amendment 6 to assembly amendment 11 to Senate Bill 1, January 1986 Spec. Sess. [multi-issue budget adjustment bill], was not germane under Assembly Rule 54.
[Note:] Although the means differed, both A.Amdt.11 and A.Amdt.6 thereto reduced state costs by about $20 million.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
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Senate Journal of October 25, 1983 .......... Page: 460
[Point of order:]
Senator Cullen raised the point of order that senate amendment 2 [to Assembly Bill 260, relating to official identification cards, changing the legal drinking age, establishing a curfew and creating and changing penalties] was not germane.
The chair [Pres. Risser] ruled the point of order not well taken.
[Note:] As passed by the assembly, the bill contained a uniform drinking age of 19 years.
S.Amdt.2 (above) made the drinking age 19 for persons residing in Wisconsin, and 19 or the higher age of the other state for residents of neighboring states.
S.Amdt.6 (below) proposed to retain the drinking age at 18, but delayed to August 15 the legal drinking date for persons with an earlier birthdate so as to postpone drinking until after high school graduation.
Senate Journal of October 25, 1983 .......... Page: 461
[Point of order:]
Senator Chilsen raised the point of order that senate amendment 6 was not germane.
The chair ruled the point of order not well taken.
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Assembly Journal of March 30, 1982 .......... Page: 3066
Point of order:
Representative Thompson rose to the point of order that assembly amendment 1 to Senate Bill 80 [relating to regulating smoking in public conveyances and specified places and providing a penalty] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] While the engrossed senate bill permitted smoking in "offices" and "retail establishments", A.Amdt.1 included both "private offices" and "retail establishments" in the prohibited areas for which smoking could be permitted by the posting of signs.
403 The chair [Rep. Norquist] ruled the amendment germane under Assembly Rule 54 (4) (b) [same purpose accomplished in different manner] and (e) [particularized detail].
Assembly Journal of March 16, 1982 .......... Page: 2716
Point of order:
Representative Loftus rose to the point of order that assembly substitute amendment 2 to Senate Bill 70 [relating to payment of contractors under public works contracts] was not germane under Assembly Rule 54. The speaker took the point of order under advisement.
Assembly Journal of March 25, 1982 .......... Page: 2976
[Ruling on the point of order of 3/16/82]:
During the assembly debate on SB 70, Representative Loftus raised the point of order that Assembly Substitute Amendment 2 to that measure was not germane under Assembly Rule 54 (3) (f). That rule provides that an amendment is not germane if it substantially expands the scope of the proposal.
As passed by the senate, SB 70 establishes provisions governing periodic payment to contractors under public works contracts. That proposal would require public works contracts to specify the day of the month on which each monthly estimate is to be provided by the contractor and the name of the person to whom it is to be delivered. Payment to the contractor is due 30 days after the estimate is received and the final payment under the contract is to be made within 60 days after completion of the project. The proposal also specifies the percentage of each periodic payment which may be retained to assure prompt and adequate completion of the project.
Assembly Substitute Amendment 2 to SB 70 also relates to the periodic payment of contractors under public works contracts. However, instead of mandating the specific provisions which must be included in contracts governing these periodic payments, the substitute provides permissive authority for the state and other public bodies to include their own provisions which govern periodic payments. The scope of both proposals is the same. Both are limited in their extent and application to the subject of contracts providing for periodic payment; while the specific provisions of each are obviously different, the substitute does not address a broader area than does the senate version and consequently does not run afoul of Assembly Rule 54 (3) (f).
In addition, the substitute amendment is germane under the provision of Assembly Rule 54 (4) (b), as an amendment which accomplishes the same purpose as the original proposal in a different manner. The purpose of SB 70 is to specify provisions which must be included in public works contracts. As was pointed out by Rep. Plewa in discussion concerning the point of order, SB 70 establishes (1) a =_maximum percentage of each periodic payment which the public body =_may retain and (2) establishes a =_maximum length of time within which the public body must make payment. However, under the original proposal the state or municipality retains a considerable amount of flexibility and may elect not to retain anything out of each periodic payment or may retain less than 5% of each payment as the work progresses. In addition, the contract may provide for partial payment as the work progresses. In addition, the contract may provide for partial payments within any time period shorter than 30 days and may provide for final payment within any time period less than 60 days. Thus, under the main proposal, the discretion of the state or municipality to specify such provisions in the public works contracts is maintained although limited.
404 Similarly, Assembly Substitute Amendment 2 to SB 70 authorizes municipalities to include provisions within their public works contracts which govern periodic payments. It
details the type of provisions which may be included, while removing the limitations contained in SB 70. It therefore accomplishes the same purpose as the original, however in a different fashion.
While Representative Loftus also raised the point that Assembly Substitute Amendment 2 expanded the scope of the main proposal because it newly amended secs. 59.96 (6) (m) and 62.15 (10), I would note that the senate version also addresses these sections in making cross-reference changes under sec. 4 of that bill. The changes which Assembly Substitute Amendment 2 makes in those sections of the statutes are really unnecessary to accomplish the intent of the substitute and were only technical modifications made by the drafter similar to the cross-reference changes of SB 70. Provisions contained in a contract under Assembly Substitute Amendment 2 relating to periodic payments would continue to
apply to contracts under 59.96 (6) (m) and 62.15 (10) in the same fashion as would the provisions established by SB 70. This is merely a particularized detail contained in the amendment which under Rule 54 (4) (e) would not cause the amendment to be nongermane.
In sum, I believe that Assembly Substitute Amendment 2 to SB 70 is germane under Assembly Rule 54 (4) (b) as an amendment which accomplishes the same purpose as the original proposal although in a different manner and the different provisions of the two proposals are nothing more than particularized details acceptable under Assembly Rule 54 (4) (e). As a result, the assembly should not be precluded by Assembly Rule 54 (1) from considering it.
Assembly Journal of October 21, 1981 .......... Page: 1376
Point of order:
Representative Shabaz rose to the point of order that assembly amendment 1 to Senate Bill 411 [relating to extending the existence of the fertilizer research council] not germane under Assembly Rule 54 (3) (d) 1 [amending a repealer]. The chair took the point of order under advisement.
[Note:] In Chap. 418, Laws of 1977, which was a budget review act, SECTION 930 (3) gave a 3-year delayed effect to SECTION 20n, repeal of the Fertilizer Research Council [s. 15.137 (5)], and SECTION 583k, repeal of the program responsibility of that council [s. 94.64 (8m) (b)]. The 1981 bill, by repealing the three 1977 session laws, attempted to reinstate the 2 statutes.
It is well settled that no statute repealed by an act of the legislature is revived or affected by the repeal of the repealing act; see s. 990.03, stats. The original bill could not accomplish its intended purpose; the amendment, by (again) creating ss. 15.137 (5) and 94.64 (8m) (b), reached the intended result and was enacted.
Assembly Journal of October 21, 1981 .......... Page: 1387
The chair ruled that assembly amendment 1 to Senate Bill 411 was germane under Assembly Rule 54 (4) (b) [same purpose accomplished in different manner] and the point of order not well taken.
Assembly Journal of October 20, 1981 .......... Page: 1336
Point of order:
405 Representative Prosser rose to the point of order that assembly substitute amendment 1 to Assembly Bill 590 [relating to excepting food product donors from civil liability] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope]. The speaker took the point of order under advisement.
Assembly Journal of October 21, 1981 .......... Page: 1364
The speaker [Jackamonis] ruled that assembly substitute amendment 1 to Assembly Bill 590 was germane under Assembly Rule 54 (4) (b) [same purpose accomplished in different manner] and (e) [particularized detail] and the point of order not well taken.
Assembly Journal of May 12, 1981 .......... Page: 497
Point of order:
Representative Crawford rose to the point of order that assembly substitute amendment 1 to Assembly Bill 112 [relating to declaring agricultural uses not to be nuisances] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] Without defining "agricultural", the original bill exempted all agricultural activities from court-ordered abatement.
A.Sub.1, "relating to nuisance actions against agricultural uses or practices", limited the scope of the proposal and, for all its apparent difference, could be considered an amendment accomplishing the same purpose in a different manner.
The speaker took the point of order under advisement.
Assembly Journal of May 19, 1981 .......... Page: 535
Representative Crawford asked unanimous consent to withdraw the point of order which he raised on assembly substitute amendment 1 to Assembly Bill 112 on Tuesday, May 12. Granted. [A.Sub.1 was adopted and passed; A.Jour, p. 540].
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Senate Journal of March 9, 1982 .......... Page: 1659
Point of order:
Senator Offner raised the point of order that senate substitute amendment 2 to Senate Bill 407 was not germane.
[Note:] In its central provision, the original bill provided for a homeownership mortgage loan program, to be administred by the department of development.
S.Sub.2 served the same purpose, but placed administration into the Wisconsin housing finance authority.
Under S.Rule 50 (9), "new material added which does not affect the subject or purpose" of the proposal is a matter of detail and is germane.
The chair [Pres. Risser] ruled the point of order not well taken.
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Assembly Journal of February 27, 1979 .......... Page: 215
Point of order:
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.
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Senate Journal of March 19, 1980 .......... Page: 1618
[Point of order:]
Senator Berger raised the point of order that senate amendment 15 [to Assembly Bill 603, relating to campaign financing, granting rule-making authority and providing penalties] was not germane.
[Note:] S.Amdt.15 proposed to change the method of collecting revenue for the Wisconsin election campaign fund from a "check off", reducing income tax liability by $1, to an "add on" (increasing the liability by $1).
The chair [Pres. Risser] ruled the point of order not well taken.
Senate Journal of June 21, 1979 .......... Page: 549
[Point of order:]
Senator Lorge raised the point of order that senate substitute amendment 1 to Senate Bill 19 [relating to raising the drinking age to 19 and providing a penalty] was not germane.
Senator Kleczka asked unanimous consent that the bill be referred to joint committee on Finance. Senator Lorge objected.
Senator Bablitch moved that the rules be suspended and the bill be referred to joint committee on Finance.
[Point of order:]
407 Senator Lorge raised the point of order that the chair took his point of order under advisement, that the bill is in the possession of the chair and, therefore, that the motion to suspend the rules and refer the bill to the joint committee on Finance is not proper. The chair took both points of order by Senator Lorge under advisement.
[Note:] Original 1979 SB 19 was a 13-page bill to increase the drinking age from 18 to 19. S.Sub.1 (23 pages) contained several related provisions concerning alcohol abuse by minors, and contained a 10 cents per 31-gallon barrel increase in the beer tax.
Senate Journal of June 21, 1979 .......... Page: 551
The chair [Pres. Risser] ruled that senate substitute amendment 1 to Senate Bill 19 is germane. With that decision the question of suspending the rules is moot and the point of order raised by Senator Lorge in reference to suspending the rules is moot.
At the time the point of order was raised there was a unanimous consent request by Senator Kleczka that the bill be referred to joint committee on Finance. Senator Lorge objected.
