1 9 8 9 S E N A T E
Senate Journal of March 22, 1990 .......... Page: 920
[Point of order:]
194 Senator Strohl raised the point of order that senate amendment 3 to Assembly Bill 765, relating to appearances before or negotiations with state agencies by former state public officials, requests for increased appropriations to state agencies, composition of the ethics board, administration of the lobbying regulation law, prohibited lobbying practices and lobbying disclosure; prohibiting certain university of Wisconsin system officials from
serving on boards of directors of certain types of business associations, establishing an institute on ethics in government at the university of Wisconsin-Madison; creating a merit system protection board, protecting disclosures by state employes, creating a committee to study the state civil service system, placing certain state positions in the classified civil service, changing the method of removal of state officers; and rewards and protection from retaliatory actions for private persons who report improper activities in state government and making appropriations] was not germane.
The Chair [President Risser] ruled the point well taken.
[Note:] The bill made various changes in the lobbying regulation law and the code of ethics for state public officials and employes.
Sen. Amdt. 3 proposed to create a new crime of bribery involving a state or local public official.
Sen. Amdt. 4 (below) would have required the judicial commission to issue advisory opinions at the request of any judge "on any matter under its jurisdiction" to which the judge is or may become a party.
[Point of order:]
Senator Adelman raised the point of order that senate amendment 4 was not germane to Assembly Bill 765.
The Chair ruled the point well taken.
Senate Journal of March 15, 1990 .......... Page: 855
[Point of order:]
Senator Chvala raised the point of order that the amendment [senate amendment 2 to Assembly Bill 723, relating to designating a portion of the Rock river a scenic urban waterway] was not germane.
[Note:] The bill was narrowly drafted to add part of a 3rd river to a statute already designating the Wisconsin part of the Illinois Fox river, and the Wisconsin Fox river from Lake Winnebago to Green Bay, as scenic urban waterways.
The 3rd river to be added was the Rock county part of the Rock river, below Lake Koshkonong, about 20 miles.
Sen. Amdt. 2 proposed to expand the definition of the Wisconsin Fox river scenic urban waterway so as to include the Portage canal from the Wisconsin to the Fox, and the Fox all the way from Portage in Columbia county, through Marquette county (Buffalo lake), Green Lake county (Puckaway lake and the White River marsh), a corner of Waushara county, and Winnebago county (Poygan, Butte des Morts and Winnebago lakes) to Neenah-Menasha.
The Chair [President Risser] ruled the point well taken.
Senate Journal of February 15, 1990 .......... Page: 706
[Point of order:]
195 Senator Strohl raised the point of order that senate substitute amendment 1 to Assembly Bill 277 [relating to changes to laws governing coverage under the patients
compensation fund and the health care liability insurance plan, various changes to laws regulating medical malpractice insurance and the applicability of certain insurance laws to the laws governing the patients compensation fund, medical malpractice insurance and continuing care contracts] was not germane.
[Note:] The substitute amendment, in addition to containing the provisions of the bill and proposing a number of changes in the administration of the patients compensation fund, removed a 1/1/91 sunset date on the existing law limiting noneconomic damages. As set by the director of state courts under statutory guidelines, that maximum is $1,070,170.
By eliminating the sunset and, additionally, reducing the maximum to $250,000, the substitute amendment would have expanded the scope of the proposal, in violation of Sen. Rule 50 (7).
The Chair [President Risser] ruled the point well taken.
Senate Journal of November 10, 1989 .......... Page: 536
[Point of order:]
Senator Moen raised the point of order that senate amendment 1 to Assembly Bill 429 [relating to establishing an emergency medical services fee to be collected by the department of transportation, creating an emergency medical services assistance board, funding local emergency medical services, training and administrative support and technical assistance for emergency medical services, revising regulation of emergency medical services personnel, granting rule-making authority and making appropriations] was not germane.
[Note:] Sen. Amdt. 1 proposed to add to the bill a program of injury prevention grants to be administered by the department of health and social services.
The Chair [President Risser] ruled the point well taken.
Senate Journal of May 25, 1989 .......... Page: 242
[Point of order:]
Senator Risser raised the point of order that the amendment [senate amendment 1 to Senate Bill 66, relating to the coverage and enforcement of the clean indoor air law and providing a penalty] was not germane.
[Note:] The bill expanded the coverage of the existing law to include private offices. The amendment added "use or nonuse of tobacco for smoking" to the listing of unfair discrimination in employment practices.
The Chair [Sen. Helbach] ruled the point well taken.
196Senate Journal of April 25, 1989 .......... Page: 189
[Point of order:]
Senator Lee raised the point of order that senate amendment 12 [to Senate Bill 65, [relating to the authority of a metropolitan sewerage district established by a 1st class city to recover capital costs and to expand its boundaries] is not germane to the bill.
The Chair [President Risser] ruled the point well taken.
[Note:] The purpose of 1989 SB 65 was to remedy "procedural defects in the enactment of 1983 WisAct 27 and 1985 WisAct 29, and thereby validate the
authority of the Milw. metropolitan sewerage district (MMSD) to recover capital costs and expand its boundaries.
Sen. Amdt. 12 proposed to divert $22,323,900 of the moneys recovered by MMSD to provide point source pollution abatement grants to 26 cities, towns, villages, Indian tribes, town sanitary districts and metropolitan sewerage districts throughout the state.
Sen. Amdt. 16 (below) would have transferred to the Milw. county executive the appointment of the 7 members of the MMSD commission now appointed by the mayor of the city of Milw.
[Point of order:]
Senator Lee raised the point of order that senate amendment 16 is not germane to the bill.
The Chair ruled the point well taken.
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Assembly Journal of June 30, 1988 .......... Page: 1152-3
Point of order:
Representative Gronemus rose to the point of order that assembly amendment 1 to Senate Bill 601 [relating to a farmers' drought property tax credit and making an appropriation] was not germane under Assembly Rule 54. The chair [Rep. Clarenbach, speaker pro tem] took the point of order under advisement. [Intervening text omitted.]
[Note:] The bill was limited to a special property tax credit for any farmer able to prove a crop loss of at least 40% due to the 1988 drought.
A.Amdt.1 was a floor amendment attempting to raise, from 8.5% to 10% of the first $2,000 of property taxes paid, the existing school property tax credit for all taxpayers.
The amendment constituted a substantial expansion of the bill's scope in violation of A.Rule 54 (3) (f).
The speaker [Loftus] ruled well taken the point of order raised by Representative Gronemus that assembly amendment 1 to Senate Bill 601 was not germane.
Assembly Journal of May 19, 1988 .......... Page: 1116
Point of order:
197 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.
Assembly Journal of March 25, 1988 .......... Page: 978
Point of order:
Representative Schneider rose to the point of order that assembly amendment 11 to assembly substitute amendment 1 to Assembly Bill 662 [relating to drugs, alcohol, assessment, treatment, education, drug-related homicide, granting rule-making authority and providing penalties] was not germane under Assembly Rule 54.
[Note:] That part of the bill and of A.SubAmdt.1 dealing with homicide was limited to "drug-related" homicide, defining as 2nd degree murder the manufacture or delivery of, or the administering or assisting in administering, a controlled substance "which another human being uses and dies as the result of that use".
A.Amdt.11 was a floor amendment proposing to add another new crime defined as 2nd degree murder: "procuring .... any firearm to a convicted felon if use of that firearm is a direct and substantial cause of a human's death".
The amendment was not germane under both A.Rule 54 (3) (a) [individual proposition amending another] and (f) [substantial expansion of scope]. There was a pending motion to table A.Amdt.1 when the point of order was raised. Following the ruling, the amendment was tabled, ayes-70, noes-26.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Assembly Journal of March 17, 1988 .......... Page: 882
Point of order:
Representative Seery rose to the point of order that assembly amendment 3 to Assembly Bill 719 [relating to increasing the amounts of certain fines and forfeitures related to the regulation of public utilities and imposing a penalty] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope]. The speaker took the point of order under advisement. [Intervening text omitted.]
198 [Note:] 1987 AB 719 increased maximum public utility forfeitures by 150% or more.
A.Amdt.3 provided, among other things, for treble forfeiture if a utility company act or omission involved a death or life-threatening personal injury.
The provision was more nearly an alternative for, rather than a proper add-on to, the concept of AB 719.
The speaker [Loftus] ruled well taken the point of order raised by Representative Seery that assembly amendment 3 to Assembly Bill 719 was not germane.
Assembly Journal of March 15, 1988 .......... Page: 850
Point of order:
Representative Fergus rose to the point of order that assembly amendment 3 to Senate Bill 203 [relating to crimes and civil offenses against children and providing penalties] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope].
[Note:] A.Amdt.3 attempted to include unborn children, "from fertilization until birth", within the prohibitions and penalties established by the bill.
The speaker [Loftus] ruled the point of order well taken.
Assembly Journal of March 1, 1988 .......... Page: 761
Point of order:
Representative Tesmer rose to the point of order that assembly substitute amendment 1 to Assembly Bill 683 [relating to extended juvenile court jurisdiction] was not germane under Assembly Rule 54 (3) (b) and (f)
[substantial expansion of scope]. The chair [Rep. Clarenbach, speaker pro tem] took the point of order under advisement.
199 [Note:] AB 683 removed 12- and 13-year old children adjudged delinquent from extended juvenile court jurisdiction, but retained the mandatory aspect of the extension for the remaining age groups.
Under existing law, because a 12-year old can be adjudged "delinquent", juvenile court jurisdiction was extended to age 21 for children from 12 through 17 years of age who have been convicted of the crimes enumerated in s. 48.366 (1), stats., as created by 1987 WisAct 27, and was extended to age 25 for any such delinquent child convicted of first degree murder. Extended juvenile court jurisdiction was mandatory for the affected age groups.
The purpose of 1987 AB 683 was limited to removing 12- and 13-year olds from extended juvenile court jurisdiction. The nature of the bill was limited to facilitating the proposal's purpose within the mandatory framework.
The substitute amendment set up a procedural framework of petition, notice, hearing and decision - changing the character of extended juvenile court jurisdiction from mandatory to discretionary. This would have changed the nature of the bill.
When extended juvenile court jurisdiction becomes discretionary, the persons excluded from the court's extended jurisdiction comprise not only 12- and 13-year olds adjudged delinquent, but also any 14-year old, 15-year old, 16-year old or 17-year old for whom the court determines "that it is in the best interest of the person and consistent with the protection of the public" not to extend the court's jurisdiction over the person to age 21 (or 25). This changes the purpose of the bill.
In many cases, amendments creating a procedural framework for a program proposed by a bill are held germane to the bill, under Assembly Rule 54 (4) (e), as "relating only to particularized details". The rule does not apply here.
The existing mandatory program of extended juvenile court jurisdiction did not need a procedural framework. The court retained jurisdiction to age 21 (or 25) whenever the criteria set forth in the statute applied.
The procedural framework offered in the substitute amendment was necessary only when the application of extended juvenile court jurisdiction was changed from mandatory to discretionary. Consequently, this procedural framework could not be considered germane particularized detail, but constituted a substantial expansion of the proposal.
Assembly Journal of March 10, 1988 .......... Page: 810
The chair [Rep. Clarenbach, speaker pro tem] ruled well taken the point of order raised by Representative Tesmer on Tuesday, March 1 that assembly substitute amendment 1 to Assembly Bill 683 was not germane under Assembly Rule 54.
Assembly Journal of February 10, 1988 .......... Page: 643
Point of order:
Representative Tesmer rose to the point of order that assembly amendment 3 to Senate Bill 337 [relating to mandatory insurance policy coverage of mental disorders and alcohol and other drug problems, and diabetes] was not germane under Assembly Rule 54. The speaker took the point of order under advisement.
Point of order:
Representative Tesmer rose to the point of order that assembly amendment 4 to Senate Bill 337 was not germane under Assembly Rule 54. The speaker took the point of order under advisement.
200 [Note:] One of the purposes of the bill was to clarify that the provisions governing minimum required coverage of nervous and mental disorders and alcoholism and other drug abuse problems (NMD&ADAP) apply only to group health policies, not to individual policies. Another purpose was to specify that the provisions governing minimum required coverage of NMD&ADAP apply only to group policies providing coverage of a comprehensive range of health care services, not to policies providing coverage of a limited range of services, such as a limited service health organization would provide.
A.Amdt.3 would have undone these 2 purposes of the bill. By including individual health policies, and by requiring NMD&ADAP coverage under policies covering only specified diseases, A.Amdt.3 substantially expanded the scope of the bill in both instances. An amendment "which substantially expands the scope of the proposal" is not germane [A.Rule 54 (3) (f)].
A.Amdt.3 also altered the nature of the proposal by broadening the law to apply to individual as well as to group health policies, and by removing the exclusion of group health policies offering less than a comprehensive range of health care services. An amendment which will "totally alter the nature of the proposal" is not germane [A.Rule 54 (1)].
A.Amdt.4 proposed to continue, for 3 years, mandatory coverage of expenses incurred for the installation and use of an insulin infusion pump or other equipment or supplies (incl. insulin). Under existing law, the mandatory coverage was scheduled to revert to optional coverage on 12/31/88.
Assembly Journal of February 11, 1988 .......... Page: 654
The speaker [Loftus] ruled that assembly amendment 3 to Senate Bill 337 was not germane under Assembly Rule 54 and that the point of order raised by Representative Tesmer on Wednesday, February 10 was well taken.
Assembly Journal of February 25, 1988 .......... Page: 737
The speaker ruled well taken the point of order, raised by Representative Tesmer on Wednesday, February 10, that assembly amendment 4 to Senate Bill 337 was not germane.
Assembly Journal of February 9, 1988 .......... Page: 631
Point of order:
Representative Prosser rose to the point of order that assembly amendment 2 to Assembly Bill 638 [relating to establishing a volunteer advocate project for residents of nursing homes, granting rule-making authority and making an appropriation] was not germane under Assembly Rule 54 (3) (a) [one individual proposition amending another] and (f) [substantial expansion of scope].
[Note:] The bill was limited to a one-year demonstration project in certain counties, and the development of administrative rules for legislative approval, concerning a volunteer advocate program for nursing home residents.
A.Amdt.2 proposed a permanent increase in the appropriation and employes of the Board on Aging and Long Term Care.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Assembly Journal of February 2, 1988 .......... Page: 603
Point of order:
Representative Barrett rose to the point of order that assembly amendment 1 to Senate Bill 219 [relating to county and municipal disposition of firearms] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope].
[Note:] The bill was limited to the disposition of seized or abandoned firearms by a municipality.
A.Amdt.1 was a floor amendment prohibiting municipal regulation of the sale, transfer or possession of firearms.
