[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.
205 The speaker [Loftus] ruled the point of order not well taken.
Assembly Journal of May 27, 1987 .......... Page: 196
Point of order:
Representative Hauke rose to the point of order that assembly amendment 16 to Senate Bill 166 [relating to establishing a speed limit of 65 miles per hour for rural interstate highways] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope].
The speaker [Loftus] ruled the point of order well taken.
[Note:] The bill increased the speed limit from 55 mph tp 65 mph.
A.Amdt.16 added a new provision permitting vehicle operation without seatbelt use at 55 mph.
A.Amdt.9 expanded the scope by requiring the DOT to furnish, to "each applicant for original or renewal registration .... current information relating to the accuracy of the speedometer supplied as original equipment for the make and model year of the vehicle" to be registered.
Assembly Journal of May 27, 1987 .......... Page: 198
Representative Hauke rose to the point of order that assembly amendment 9 to Senate Bill 166 was not germane under Assembly Rule (54) (3) (f).
The speaker ruled the point of order well taken.
Assembly Journal of April 28, 1987 .......... Page: 135
Point of order:
Representative Potter rose to the point of order that assembly amendment 4 to assembly substitute amendment 1 to Assembly Bill 19 [relating to forfeitures for alcohol beverages violations by underage persons] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope].
[Note:] A.SubAmdt.1 consisted, generally, of only those provisions of the bill pertaining to lending an official ID card to a minor.
A.Amdt.4 attempted to insert provisions directing driver's license suspension for minors guilty of alcohol beverage laws violations.
The speaker [Loftus] ruled the point of order well taken.
Assembly Journal of February 5, 1987 .......... Page: 64
Point of order:
Representative Radtke rose to the point of order that assembly amendment 2 to assembly substitute amendment 1 to Senate Bill 26 [relating to permitting the secretary of administration, if requested by the governor, to change the biennial state budget process to an annual budget process in fiscal years 1987-88 and 1988-89] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope].
206 [Note:] A.Amdt.1 directed the Department of Administration (DOA) to furnish, when requested by a legislative committee, any reports developed by
DOA, or received by DOA from a state agency, concerning the long-range impact of a state program.
A.Amdt.4 proposed to add, to any study group or subcommittee of the Joint Committee on Finance, the chair and the ranking minority member of the standing committee in each house dealing with the subject area.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken. [Intervening text omitted.]
Representative Welch rose to the point of order that assembly amendment 4 to assembly substitute amendment 1 to Senate Bill 26 was not germane under Assembly Rule 54 (3).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Assembly Journal of February 3, 1987 .......... Page: 51
Point of order:
Representative Fergus rose to the point of order that assembly amendment 18 to Assembly Bill 30 [relating to operating a motor vehicle while under the influence of an intoxicant, drugs or both, administrative suspension and court-ordered revocation of operating privileges, chemical tests for intoxication, occupational licenses, granting rule-making authority and providing penalties] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope].
[Note:] The bill was limited to the legal consequences of drunk driving.
A.Amdt.18 attempted to insert a provision permitting municipalities, by local option, to prohibit taverns from holding "no liquor" days on which minors are permitted to be on the licensed premises.
The speaker [Loftus] ruled the point of order well taken.
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Senate Journal of March 17, 1988 .......... Page: 726
[Point of order:]
Senator Feingold raised the point of order that senate amendment 5 [to Senate Bill 191, relating to revising crimes against the life, bodily security
and safety of persons, defining criminal recklessness and criminal negligence and providing penalties] is not germane.
[Note:] The bill contained the recommendations of the Judicial Council's committee on homicide and lesser included offenses.
S.Amdt.5 was a "life means life" proposal prohibiting work release and parole for persons convicted of certain capital offenses.
S.Amdt.3 was a shorter version of the "life means life" proposal.
S.Amdt.1 attempted to include unborn children, "from fertilization until birth", within the prohibitions and penalties revised in the bill.
207 The Chair [President Risser] ruled the point of order well taken. [Intervening text omitted.]
Senator Feingold raised the point of order that senate amendment 3 is not germane. The chair ruled the point of order well taken. [Intervening text omitted.]
Senator Ulichny raised the point of order that senate amendment 1 is not germane. The chair ruled the point of order well taken.
Senator Chilsen appealed the ruling of the Chair. The question was: Shall the ruling of the Chair stand as the judgment of the Senate? The ayes and noes were required and the vote was: [Display of roll call vote omitted; ayes-20, noes-11.] So the ruling of the Chair stood as the judgment of the Senate.
Senate Journal of March 15, 1988 .......... Page: 704
[Point of order:]
Senator Feingold raised the point of order that the amendment [senate substitute amendment 1 to Senate Bill 505, relating to changing the maximum finance charge permitted in certain open-end credit plans that do not use a seller credit card] was not germane.
[Note:] The law provided an annual interest ceiling of 18% for most credit card purchases. SB 505 retained the 18% limit for store credit cards, but proposed to set the interest rate for general credit cards (Visa, Mastercard, etc.) at 7% above the interest rate applicable to 6-month U.S. treasury bills.
S.SubAmdt.1 proposed to deregulate (remove any interest ceiling) all open-ended credit cards.
The Chair [President Risser] ruled the point of order well taken.
Senate Journal of March 10, 1988 .......... Page: 690
[Point of order:]
Senator Van Sistine raised the point of order that senate amendment 1 [to Assembly Bill 189, relating to the preference categories for special deer hunting permits] is not germane.
[Note:] AB 189 reached the Senate in the form of A.SubAmdt.2, limited to "eligibility for special deer hunting permits" for certain land owners.
S.Amdt.1 proposed similar special land owner hunting permits for wild turkey hunting.
The Chair [President Risser] ruled the point of order well taken.
Senate Journal of February 11, 1988 .......... Page: 592
[Point of order:]
208 Senator Czarnezki raised the point of order that senate amendment 1 [to Senate Bill 244, relating to collective bargaining of school class size and the number and length of teacher preparation periods in 1st class city school districts] is not germane.
[Note:] By its relating clause and in its text, SB 244 was restricted to apply only to the city of Milwaukee.
S.Amdt.1 was a floor amendment removing the "first class city" restriction from the text (but not, the relating clause) of the bill.
By removing the first class city restriction, S.Amdt.1 to expanded the bill's scope as to "totally alter the nature" of the proposal in violation of S.Rule 50 (1).
The Chair [President Risser] ruled the point of order well taken.
Senate Journal of October 13, 1987 .......... Page: 400
[Point of order:]
Senator Helbach raised the point of order that senate amendment 6 [to Senate Bill 134, relating to the sale of farm machinery and equipment manufactured in prisons and providing a penalty] was not germane.
[Note:] State law prohibits most goods manufactured wholly or partly by inmates in any state, city or county penal institution from being offered for sale in the open market, but the prohibition does not apply to prison-made farm machinery and farm implements and tools.
The bill proposed to prohibit sale in Wisconsin of "any farm machinery or equipment which is manufactured in whole or in part in any penal institution inside or outside of this state".
S.Amdt.6 was a poorly drafted floor amendment adding, after "penal institution inside or outside of this state", the words "or in the Soviet Union". It is likely that the amendment was intended to prohibit not prison-made Soviet goods but, rather, farm tractors built by Soviet industry. Although the amendment was ruled germane, its adoption failed, ayes-12, noes-20.
The chair ruled the point of order not well taken.
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Assembly Journal of March 25, 1986 .......... Page: 996
Point of order:
Representative Mark Lewis rose to the point of order that assembly amendment 4 to assembly substitute amendment 3 to Assembly Bill 903 [relating to export loans, economic development loans and disclosure of grant or loan information] was not germane under Assembly Rule 54.
