[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.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
201Assembly Journal of February 2, 1988 .......... Page: 602
Point of order:
Representative Fergus rose to the point of order that assembly amendment 4 to Assembly Bill 273 [relating to forced viewing of sexual activity and providing penalties] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope].
Representative Welch moved that Assembly Rule 54 be suspended.
The speaker [Loftus] ruled the motion out of order because a point of order was pending. The speaker took the point of order under advisement.
[Note:] A.Amdt-4, in its item 3: 1) created a new Class A misdemeanor; and 2) redefined 2 existing Class D felonies.
The creation of the new Class A misdemeanor of failure to summon law enforcement when knowing that a child is forced to view something obscene expanded the scope of AB 273. An amendment "which substantially expands the scope of the proposal" is declared not germane by A.Rule 54 (3) (f).
The redefining of the existing Class D felony under s. 944.21 (1), stats., and the redefining of the existing Class D felony under s. 944.21 (2), stats., also expanded the scope of 1987 AB 273.
Assembly Journal of February 2, 1988 .......... Page: 605
The chair [Rep. Clarenbach, speaker pro tem] ruled that assembly amendment 4 to Assembly Bill 273 was not germane under Assembly Rule 54 and that the point of order raised by Representative Fergus was well taken.
Assembly Journal of October 27, 1987 .......... Page: 483
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 1 to Assembly Bill 496 [relating to registration of all-terrain vehicles used exclusively on private property] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope].
[Note:] ATVs were required to be registered with the Dept. of Natural Resources for a one-time fee of $6. The bill exempted ATVs used exclusively on private land from the registration and fee requirements.
A.Amdt.1 prohibited ATV operation by persons under 12 years of age (even when supervised by a parent or guardian) and provided reciprocity for persons 12 to 16 years of age holding an ATV operating safety certificate from another state or a Canadian province.
The speaker [Loftus] ruled the point of order well taken.
Assembly Journal of October 27, 1987 .......... Page: 475
Point of order:
202 Representative Holperin rose to the point of order that assembly amendment 2 to Assembly Bill 677 [relating to the homestead credit formula and to the farmland
preservation credit] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope].
[Note:] A.Amdt.2 attempted to extend, from the preceding year to the 3 preceding years, the time for crediting or debiting this year's tax bill for assessment errors made in the covered period.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of October 22, 1987 .......... Page: 459
Point of order:
Representative Gruszynski rose to the point of order that assembly amendment 6 to assembly substitute amendment 1 to Assembly Bill 24 [relating to employment relations for members of the university of Wisconsin system academic staff] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope].
[Note:] The bill and A.SubAmdt.1 applied only to academic staff of the UW system.
A.Amdt.6 was a floor amendment. It attempted to add legislative policy research personnel, assistants to legislators, research staff assigned to legislative committees and party caucuses, and any other persons employed by the Legislature.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of October 21, 1987 .......... Page: 446
Point of order:
Representative Nelsen rose to the point of order that assembly amendment 2 to Assembly Bill 564 [relating to medical assistance coverage, health insurance
coverages, day care services in schools and compulsory school attendance] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope].
203 [Note:] The bill was introduced by the Legislative Council and dealt both with medical assistance and with health insurance coverage.
Item 1 of A.Amdt.2 added to the bill's title the words "pilot projects under the state health insurance program". These words helped the reader of the law to better understand the specific content of the law but, since the bill already dealt with "health insurance coverages", were not absolutely necessary for compliance with Joint Rule 52 (1) (intro.) which requires bill titles to "state, in the fewest words practicable, the subject to which the bill relates".
Item 3 of A.Amdt.2 created a "council on pilot projects for the uninsured", and item 5 supplied the pilot projects. Requiring a study of a project contained in a bill is a germane addition to that bill and comes under the "particularized detail" authorization of amendments by A.Rule 54 (4) (e). A council is the instrument used whenever a study is of a continuing nature; see s. 15.01 (4), stats. Item 3 of A.Amdt.2 made a correction in the SECTION numbering of the bill, required as the result of Item 3.
Item 4 of A.Amdt.2 created a new sub. (4m) in existing s. 146.90, stats., "state health insurance program" (SHIP). The state health insurance program was only one component of the state's overall program for medical assistance coverage and health insurance coverages, which were included within the scope of 1987 AB 564 as introduced.
Adding provisions concerning the SHIP program to 1987 AB 564 expanded the scope of the proposal, but the extent of that expansion did not have the "substantial" magnitude designating an amendment as not germane under A.Rule 54 (3) (f). Rather, pilot projects within an existing program are particularized detail, germane under A.Rule 54 (4) (e).
Finally, item 5 of A.Amdt.2 clearly was limited to particularized detail flowing from Item 4, concerning the transfer of records, materials and equipment.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Assembly Journal of October 7, 1987 .......... Page: 379
Point of order:
Representative Clarenbach rose to the point of order that assembly amendment 3 to Assembly Bill 442 [relating to charges for dishonored drafts presented to the state; state contracts subject to approval by the governor; conduct of an aerial photographic survey; the energy conservation duties of the department of administration; discontinuance of the wind energy program administered by the department of administration; the return date for small claims garnishment actions against the state; establishment of a minimum claim for consideration by the claims board; abolition of the council on data processing in the department of administration; publishing fees for legal notices; population estimate
procedure; appointment of the employes of the tax appeals commission; the state employes merit award board; state contracts for continuing provision of materials, supplies, equipment or contractual services; annual reports of the council on small and minority business opportunities; changing the reporting date of a department of administration report to the council on small and minority business opportunities; membership of the state capitol and executive residence board; reports of state public depositories; and the procedure in the event of reduced federal revenue sharing funds (suggested as remedial legislation by the department of administration)] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope]. The speaker took the point of order under advisement.
204 [Note:] 1987 AB 442 was a multi-issue bill comprising 17 issues suggested as remedial legislation by the Department of Administration and approved for introduction as remedial legislation by the Legislative Council.
Sec. 13.83 (1) (c) 4, stats., limits remedial legislation to minor substantive changes "proposed by state agencies to improve the administration of their agencies or proposed by the committee, a standing committee of the legislature or a legislative service agency to improve the language or organization of the statutes or session laws".
One of the minor substantive issues addressed by 1987 AB 442 was the membership of the state capitol and executive residence board (SCERB). A.Amdt.3 proposed to change SCERB's function, limiting its supervisory authority to the Executive Residence and vesting the supervisory authority for the Capitol building in the cochairs of the joint committee on legislative organization (JCLO). In addition, the department of administration would no longer "have charge of" the Capitol, but would carry out its duties to operate, maintain and repair the Capitol under the direction of the JCLO cochairs.
A.Amdt.3 properly reflected the impact of these changes by removing the references to "the membership of" SCERB and to "remedial legislation" from the relating clause of AB 442.
Assembly Journal of October 21, 1987 .......... Page: 447
The chair [Rep. Clarenbach, speaker pro tem] ruled that assembly amendment 3 to Assembly Bill 442 was not germane and the point of order raised by Representative Clarenbach on October 7, 1987 well taken.
Assembly Journal of October 6, 1987 .......... Page: 370
Point of order:
Representative Barrett rose to the point of order that assembly amendment 24 to Senate Bill 7 [relating to requiring motor vehicle operators and passengers to wear safety belts, granting rule-making authority, requesting a study and providing a penalty] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope].
[Note:] The bill mandated use of automobile seatbelts while driving in Wisconsin.
A.Amdt.24 was a floor amendment requiring a 10% reduction in motor vehicle liability insurance premiums for any insured certifying that seatbelts would be worn by the insured and any other occupant whenever using the insured vehicle.
The amendment was adopted in the Assembly (ayes-78, noes-19) but was noncucurred in by the Senate (ayes-25, noes 8) and subsequently removed by the report of the conference committee.
The speaker [Loftus] ruled the point of order not well taken.
Assembly Journal of September 16, 1987 .......... Page: 346
Point of order:
Representative Prosser rose to the point of order that assembly amendment 10 to Assembly Bill 2, September 1987 Spec. Sess. [relating to certain business combinations involving resident domestic corporations and interested stockholders] was not germane under Assembly Rule 54 (3) (a) [one individual proposition amending another] and (f) [substantial expansion of scope].
[Note:] The bill dealt with a variety of issues raised by the pending takeover of the Heileman brewery corporation.
A.Amdt.10 addressed the specifics of one such issue (golden parachutes) by requiring shareholder approval of any agreement rewarding management for accepting the tender offer.
