Assembly Journal of July 15, 1986 .......... Page: 1145
Point of order:
Representative Loftus rose to the point of order that assembly amendment 1 to Assembly Bill 1, July 1986 Spec. Sess., [relating to making program trainee compensation an eligible cost of a labor training program and making an appropriation] was not germane under Assembly Rule 93 (1) [scope of session call exceeded].
[Note:] A.Amdt.1 provided for state pickup of payments to the unemployment compensation reserve fund of the amount necessary to pay unemployment compensation to any employe retrained under the state-subsidized labor training program and then discharged within 4 years.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
408Assembly Journal of May 22, 1986 .......... Page: 1102
Point of order:
Representative Mark Lewis rose to the point of order that assembly amendment 4 to Assembly Bill 3, May 1986 Spec. Sess., [relating to export loans, economic development loans and investments, authorization for increasing the total principal amount of agricultural production loans, disclosure of investment, grant or loan information, requesting an audit and making an appropriation] was not germane under Assembly Rule 54 (3)(f) [expansion of scope] and Assembly Rule 93 (1) [scope of session call exceeded]. The speaker took the point of order under advisement. [Intervening text omitted.]
[Note:] A.Amdt.4 provided county reimbursement of municipalities for the costs of selling tax delinquent lands.
A.Amdt.6 (below) created a new program of guaranteed small business loans.
Representative Mark Lewis rose to the point of order that assembly amendment 6 to Assembly Bill 3, May 1986 Spec. Sess., was not germane under Assembly Rule 54 (3)(f) and Assembly Rule 93.
The speaker [Loftus] ruled the point of order well taken.
The speaker ruled the point of order on assembly amendment 4 well taken.
Assembly Journal of March 25, 1986 .......... Page: 1014
Point of order:
Representative T. Thompson rose to the point of order that that Assembly Bill 1, March 1986 Spec. Sess. [relating to: Wisconsin housing and economic development authority agricultural production loan guarantees and interest reductions; creating a farm mediation and arbitration program for resolution of disputes with creditors, creating a farm mediation and arbitration board; the homestead exemption from executions, liens and liability for debts; the proceeds from the sale of real property the taxes on which are delinquent; the income and franchise tax effects of the food security act; authorizing county land conservation committees to develop tree planting programs; authorizing the departments of natural resources and agriculture, trade and consumer protection to grant exemptions from certain laws; training and employment services for dislocated workers, including farmers; increasing an appropriation to the department of agriculture, trade and consumer protection to provide funds for the volunteer farm credit advisor program; property tax assessment and equalized valuation of agricultural land; specialty crops hearing; a motor fuel tax exemption; interest payments that may be included in calculating an income tax credit; student loans; and providing for a study, making an appropriation and granting rule-making authority], was not properly before the assembly under Assembly Rule 93 (1) [scope of session call exceeded].
409 [Note:] Governor Earl had enumerated 14 issues in his original proclamation to convene the March 1986 Special Session. The first supplementary proclamation removed one issue; another supplementary proclamation added a new issue.
In many cases, there has been a separate special session bill for each issue shown in the governor's proclamation. That is not required. In the March 1986 Special Session, only one bill was introduced. This omnibus farm problem bill addressed all the issues enumerated by the governor.
Each of the amendments challenged below attempted to deal with an issue not enumerated in the proclamation as amended: A.Amdt.9 created incentives for production of alcohol as a motor vehicle fuel; A.Amdt.11 permitted property tax assessments to deviate by 15% from full market value; A.Amdt.12 established a program of animal health and disease research; A.Amdt.13 attempted to change land assessment from full value to current use; A.Amdt.14 permitted the
department of agriculture to issue permits for the destruction of deer or bear causing crop damage; A.Amdt.15 proposed to assess agricultural land at 75% of full value; A.Amdt.16 required an "IMPORTED" label (in 1-inch type) for all food not produced in the United States; A.Amdt.22 permitted debt-ridden farmers to exclude some capital gains from the minimum tax; and A.Amdt.27 proposed to classify highway rights-of-way as wasteland for asessment purposes.
On the other hand, A.Amdt.21 was held to be within the governor's call. The amendment dealt with suspension of court action to allow for voluntary mediation or arbitration of a creditor's action against a farmer and was covered by item 3 of the original proclamation.
The speaker [Loftus] ruled the point of order not well taken.
Assembly Journal of March 25, 1986 .......... Page: 1015
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 9 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The speaker ruled the point of order well taken.
Assembly Journal of March 25, 1986 .......... Page: 1016
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 11 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The speaker ruled the point of order well taken.
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 12 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The speaker ruled the point of order well taken.
Assembly Journal of March 25, 1986 .......... Page: 1017
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 13 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The speaker ruled the point of order well taken.
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 14 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
410 The speaker ruled the point of order well taken.
Point of order:
Representative Hephner rose to the point of order that assembly amendment 15 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The speaker ruled the point of order well taken.
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 16 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The speaker ruled the point of order well taken.
Assembly Journal of March 25, 1986 .......... Page: 1018
Point of order:
Representative Porter rose to the point of order that assembly amendment 21 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 22 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of March 25, 1986 .......... Page: 1019-20
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 27 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The chair [Rep. Clarenbach, speaker pro tem] took the point of order under advisement. [Intervening text omitted.]
The chair ruled that assembly amendment 27 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call and the point of order well taken.
Assembly Journal of October 18, 1985 .......... Page: 518
Point of order:
Representative Neubauer rose to the point of order that assembly substitute amendment 1 to Senate Bill 8, September 1985 Spec. Sess. [relating to making an appropriation for funding for Forward Wisconsin, inc], was not germane under Assembly Rule 54.
[Note:] The bill, conforming to item 7 of the special session call (A.Jour. 9/26/85, p. 356), was limited to increasing the state contribution to Forward Wisconsin, inc.
A.Sub.1 proposed to reorganize the state's department of development to obtain, by reduced DOD operations, funds to be allocated to Forward Wisconsin.
The speaker [Loftus] ruled the point of order well taken.
411Assembly Journal of October 9, 1985 .......... Page: 408
Point of order:
Representative Hephner rose to the point of order that assembly amendment 2 to Assembly Bill 2, September 1985 Spec. Sess., [relating to determination of the value and equalized value of agricultural land, information required to be included on the real estate transfer form, requiring the department of revenue to promulgate rules and making appropriations] was not germane under Assembly Rule 54 and Assembly Rule 93 (1). The speaker took the point of order under advisement.
[Note:] The amendment directed the legislative council to study property tax assessment in general; not, just the issues pertaining to the valuation of agricultural land.
A.Rule 93 (1) permits consideration, in special session, of proposals and amendments pertaining "to the organization of the legislature". That sentence should be read to continue "in special session". A study assigned to the legislative council is not a matter pertaining to the organization of the legislature in that special session.
The speaker [Loftus] ruled the point of order well taken and the amendment not germane under Assembly Rule 93 (1) [scope of session call exceeded] because it did not deal only with agricultural land.
1 9 8 5 S E N A T E
Senate Journal of January 29, 1986 .......... Page: 545
[Point of order:]
Senator Feingold raised the point of order that senate amendment 1 to Senate Bill 1, January 1986 Special Session [relating to: adjustments in the budgets and programs of certain state departments and agencies and certain state aids to individuals and local governments for the purpose of reducing state expenditures to reflect anticipated state revenues; intent concerning funding of federal assistance reductions; the general fund and transportation fund balances; creation of a budget stabilization fund and reallocation of state moneys; estimated tax payments; the homestead income tax credit; court chambers for the court of appeals; the preschool to grade 5 program; prohibiting a reduction in the number of class sections offered in the university of Wisconsin system during the 1986-87 fiscal year as a result of certain fiscal changes; plans and budgets of county departments which provide social services and mental health, developmental disability and alcohol and other drug abuse services; provision of mental health services under the medical assistance program; county carry forward of certain social services funds; policies and procedures manual for social services programs; facility reimbursement rate calculations; establishing fees for registrants of a seminar or workshop relating to nursing home or community-based residential facility service; providing for a study of state requirements in human services programs; limited term employe compensation; pay rate adjustments to correct pay inequities; early retirement for state employes; a single registration plate for motor vehicles; and granting rule-making authority, creating penalties and making appropriations] was not germane. The chair took the point of order under advisement.
412Senate Journal of January 29, 1986 .......... Page: 548
Ruling of the chair:
The Senator from the 27th, Senator Feingold, raised the point of order that senate amendment 1 as it relates to the securities exemption is not germane.
The governor's call and the bill relate to reducing the cost of state government. The provisions in senate amendment 1 relating to the securities exemption appear to reduce the cost of government.
Therefore, it is the opinion of the chair [Pres. Risser] that the provisions questioned are germane and the point of order is not well taken.
1 9 8 3 A S S E M B L Y
Assembly Journal of October 27, 1983 .......... Page: 551
[Motion cannot suspend constitutional requirement:]
Representative Johnson rose to the point of order that assembly amendment 14 to Assembly Bill 7, October 1983 Special Session [relating to taxation of milk assessments and refunds of them, garnishment of the proceeds from the sale of agricultural products, use of nondairy products in state and municipal buildings prohibited, distribution of cheese at tourist information centers, foreclosure by advertisement, promotion of Wisconsin products, dissolution of a consent
order regarding dairy advertising and granting rule-making authority], was not germane under Assembly Rule 93 (1) [in special session, amendment must fit within call].
[Note:] A.Amdt.14 proposed to replace the inheritance tax with an estate tax.
The speaker [Loftus] ruled the point of order well taken.
Representative Merkt moved that Assembly Rule 93 be suspended.
The speaker [Loftus] ruled the motion out of order under Article IV Section 11 of the Wisconsin Constitution.
Representative Merkt appealed the decision of the chair on the germaneness of assembly amendment 14 to Assembly Bill 7, October 1983 Special Session.
Representative Merkt asked unanimous consent to withdraw his appeal. Granted.
Assembly Journal of October 27, 1983 .......... Page: 549
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 3 to Assembly Bill 7, October 1983 Special Session [relating to taxation of milk assessments and refunds of them, garnishment of the proceeds from the sale of agricultural products, use of nondairy products in state and municipal buildings prohibited, distribution of cheese at tourist information centers, foreclosure by advertisement, promotion of Wisconsin products, dissolution of a consent order regarding dairy advertising and granting rule-making authority], was not germane under Assembly Rule 93 (1) [in special session, amendment must fit within call].
[Note:] A.Amdt.3 proposed, until 1/1/86, a minimum markup on dairy products.
413 The speaker [Loftus] ruled the point of order well taken.
Assembly Journal of October 27, 1983 .......... Page: 550
