[Identical amendment:]
Senator Whittow moved that senate amendment 5 [to Assembly Bill 222, relating to state finances and appropriations constituting the executive budget bill of the 1975 legislature, and making appropriations] be placed after senate amendment 8.
[Point of order:]
Senator Lorge raised the point of order that senate amendment 8 was essentially identical to senate amendment 5 and therefore was not germane.
The chair [Lt.Gov. Schreiber] ruled the point of order not well taken as senate amendment 8 was not before the senate and therefore no ruling on germaneness could be made.
Senate Journal of April 24, 1975 .......... Page: 604
[Point of order:]
Senator Lorge asked unanimous consent to be recorded as voting "no" on the motion to lay on the table the motion to withdraw Senate Resolution 9 from committee which was made before recess. Senator Bablitch objected.
442 Senator Devitt moved that Senator Lorge be allowed to be recorded on Senate Resolution 9.
Senator Peloquin raised the point of order that motions were out of order under the fourteenth order [1975: "adjournment"] of business.
The chair [Lt.Gov. Schreiber] ruled the point of order well taken.
Senator Devitt appealed the ruling of the chair. The question was: Shall the ruling of the chair stand as the decision of the senate? [Display of roll call vote omitted; ayes-15, noes-9.] So the ruling of the chair was sustained.
Senate Journal of January 22, 1975 .......... Page: 140
[Point of order:]
Senator Murphy moved that Senate Resolution 3 be taken from the table and considered for action at this time.
Senator Risser raised the point of order that the senate was not under the proper order of business to receive motions.
The chair [Lt.Gov. Schreiber] ruled the point of order well taken. [Intervening text omitted.]
Senator Knowles raised the point of order that pursuant to senate rule 65 a motion to take from the table is in order at any time. The chair took the point of order under advisement.
Senate Journal of February 4, 1975 .......... Page: 216
On Wednesday, January 22, 1975, during the 10th order of business the Senator from the 33rd made a motion that Senate Resolution 3 be taken from the table.
The chair ruled that motion out of order ruling that said motion should be appropriately made under the eighth order of business.
Just prior to adjournment on said day the Senator from the 10th rose to a point of order on the chair's ruling citing Senate Rule 65.
(1) A motion to lay on the table shall only have the effect of disposing of the matter temporarily and it may be taken from the table at any time by order of the Senate.
The question is simply, can a bill or resolution be taken from the table at any time?
Senate Rule 65 when read in its entirety furnished the guidance needed for the decision on this appeal.
(2) A motion to lay a bill or resolution on the table shall, if approved, have the effect of returning the matter to the committee on senate organization.
(3) A motion to remove a bill or resolution from the table shall, if approved, have the effect of withdrawing the matter from the committee on senate organization and placing it on the calendar.
Under the Senate Rule 65 (2) a motion to table a bill or resolution is not really a motion to table in the traditional sense but actually is a motion with the effect of "returning the matter to the committee on senate organization." [See also Senate Rule 63 (1)(f)].
Under Senate Rule 65 (3) a motion to remove a bill or resolution from the table is not really a motion to remove from the table in the traditional sense, but actually a motion with the effect of "withdrawing the matter from the committee on senate organization and placing it on the calendar."
443 The "and it may be taken from the table at any time" language of Senate Rule 65 (1), because of the explicit language in (2) and (3) becomes inoperative when a tabling motion involves "placing" or "taking" a bill or resolution from the table.
A motion to take a bill or resolution from committee or remove a bill or resolution from the table cannot be made at any time but must be made under the appropriate order of business pursuant to the rules.
The point of order is not well taken.
Respectfully submitted,
MARTIN J. SCHREIBER
Lieutenant Governor
1 9 7 3 S E N A T E
Senate Journal of March 27, 1974 .......... Page: 2577
[Motion under wrong order of business:]
Senator Murphy moved that Senate Bill 743 be withdrawn from the joint committee on Finance and placed on the calendar.
Senator Keppler raised the point of order that the motion was out of order as it was not made under the proper order of business.
The chair [Lt.Gov. Schreiber] ruled the point of order well taken.
Senate Journal of June 28, 1973 .......... Page: 1307
[Point of order:]
Assembly Bill 94 [relating to county acquisition of transportation systems]. Read a second time.
Senator J. D. Swan moved nonconcurrence.
By request of Senator J. D. Swan, with unanimous consent, the senate recessed until 6:15 P.M. [Intervening business; senate proceeded on unanimous consent requests.]
Senator Knutson asked unanimous consent that Assembly Bills 1120 through 1125 be made a special order of business at 10:03 A.M., Tuesday, July 10. Senator Johnson objected.
Senator Knutson moved that Assembly Bills 1120 through 1125 be made a special order of business at 10:03 A.M. Tuesday, July 10.
Senator Risser raised the point of order that the motion was out of order as there was already a question pending before the senate.
The chair [Lt.Gov. Schreiber] ruled the point of order well taken.
Multi-issue bills: problems of germaneness
1 9 9 1 A S S E M B L Y
Assembly Journal of April 17, 1991 .......... Page: 175
Point of order:
444 Representative Welch rose to the point of order that assembly substitute amendment 1 to Assembly Bill 218 [relating to juvenile restitution and community service work projects, the early intervention program for high-risk youths, alcohol or other drug abuse treatment for youth diversion program participants, the intensive aftercare pilot program, alcohol and other drug abuse services as a treatment alternative to imprisonment, a multidisciplinary prevention and treatment team in Milwaukee county, the ARC community services center for women and children in Dane county, capacity building to establish alcohol and other drug abuse treatment and services for pregnant women and mothers and support services for certain dependent children and making appropriations] was not germane under Assembly Rule 54 (3) (f).
[Note:] Original 1991 AB 218 already enumerated 8 separable but related purposes. The substitute amendment, by addressing 3 other related purposes not enumerated in the title of the bill, did not "substantially" expand the scope of the proposal.
The speaker [Speaker Kunicki] ruled the point of order not well taken.
1 9 8 9 A S S E M B L Y
Assembly Journal of March 21, 1990 .......... Page: 982
Point of order:
Representative Loftus rose to the point of order that assembly amendment 7 to Senate Bill 542 [relating to funding agricultural research and development; designation of additional development zones; the American Indian economic liaison program; a loan to a manufacturing firm; tourism promotion; providing technical assistance and grants to municipalities and tribal governing bodies; establishing a business improvement loan guarantee program; exemptions from registration of certain securities; allocating a portion of the funds for the Wisconsin job opportunity business subsidy program to a federally recognized American Indian tribe or band; a loan to a bank holding company; motor vehicle dealer license fees and examination costs and costs for community currency exchange, collection agency and insurance premium finance company investigations or examinations conducted by the commissioner of banking; correctional services and youth aids; juvenile corrections; assistance for district attorneys in criminal investigations and prosecutions; increasing the number of circuit court branches; legal services related to the Chippewa treaties; the academic excellence higher education scholarships program; a bonus compensation plan for certain employes of the educational communications board; the instructional television fixed service system; the distribution schedule for state aid to school districts; increasing the debt service cost ceiling for state aid to
445 school districts; state aid to school districts for merged attendance area programs; minimum aid, special adjustment aid, children-at-risk program aid and supplemental aid to school districts and aid to county handicapped children's education boards; requiring the state to pay for certain pupils who reside in a 1st class city to attend a nonsectarian private school; training teachers and developing curricula for primary and secondary education in geography; increasing aid for American Indian language and culture education programs in alternative schools; grants for home school coordinators; eligible job applicants and qualified employers for the Wisconsin job opportunity program; funding grants and allocations for provision of public health services and simplifying
certain applications; medical assistance reimbursement for hospital indirect education costs; establishing a program for reduction of operating deficits of governmentally owned hospitals; establishing a statewide program of community-based clinical trials management of HIV infected persons; establishing a breast cancer screening program; training and competency requirements for nurse's assistants and home health aides; community options program requirements as to noninstitutional community alternatives; establishing a program to provide care and treatment or services for severely emotionally disturbed children; the funding and provision of social, mental health, developmental disability and alcohol and other drug abuse services; county services related to child abuse and neglect; provision of certain dental services; nurse practitioner services in the medical assistance program; medical assistance benefits; medical assistance eligibility for certain beneficiaries of long-term care insurance policies; medical assistance coverage of certain women and children; eligibility of institutionalized individuals for certain medical assistance benefits; medical assistance reports; medical assistance coverage of medicare premiums for certain disabled individuals; providing information concerning the food stamp program, reporting under the food stamp program and applications for public assistance; the computer reporting network for income maintenance programs; premium subsidies for certain persons with acquired immunodeficiency syndrome; mandatory health insurance coverage of adopted children and reimbursement of insurers for coverage of certain preexisting conditions; calculating shared revenue payments for municipalities located in more than one county and increasing the total amount of shared revenue to be distributed in 1991 and thereafter; increasing payments for municipal services; conservation work projects for American Indian youth who are members of Wisconsin Chippewa tribes or bands; the authority of wardens of the department of natural resources to arrest persons for violations of tribal conservation codes; the spearfishing law enforcement aid program and state agency costs for spearfishing; a lake level control program; the period within which winnings on a race on which pari-mutuel wagering is conducted must be claimed and within which pari-mutuel taxes and certain other payments must be paid; a lottery fund minimum balance and declaring the legislature's intent regarding the use of lottery proceeds; information and assistance to American Indians; creating a relay service board, providing telecommunications relay service to speech-impaired and hearing-impaired persons and creating a credit against telecommunication license fees; adopting the internal revenue code for state tax purposes; increasing the homestead credit maximum income and maximum eligible property taxes; creating a one-time lottery property tax credit; creating a new category in the standard income tax deduction for heads of households; allowing pipeline companies and conservation and regulation companies to pay their utility taxes in instalments; the use of state or federal funds for certain highway projects; operating a motor vehicle after revocation or suspension of a person's operating privilege; authorized positions, salary regrades, modernization of office systems and reimbursement of private attorneys and annual trial caseload standards under the state public defender program; granting rule-making authority; and making appropriations] was not germane under Assembly Rule 54 (3).
446 [Note:] SB 542, the 1990 "agency adjustment bill" (mini budget) of the 1989 legislature, in its relating clause listed 68 different subjects. "Eliminating preference points and providing for expanded certification and other preferences for certain veterans in state hiring", the subject of A.Amdt-7, was not one of those 68 subjects and nothing in the content of the bill related to civil service hiring preferences for veterans.
Consequently, A.Amdt-7 expanded the scope of the multi-issue proposal, and was not germane.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of November 10, 1989 .......... Page: 525
Point of order:
Representative Travis rose to the point of order that assembly amendment 15 to assembly substitute amendment 1 to Assembly Bill 12, Oct. 1989 Spec. Sess. [relating to grants to school districts; grants to vocational, technical and adult education districts; grants for before-school, after-school and summer school programs and services; head start programs and head start day care programs; grants to limit violence and abuse of controlled substances in neighborhoods; community-based efforts to prevent drug and alcohol abuse; distribution of information with marriage licenses; foster grandparent program; grants for certain community-wide activities to combat alcohol and other drug abuse; drug abuse prevention and education program grants for American Indians; youth aids allocations; children-in-crisis program; treatment programs and other services to certain families and training of health care professionals and other social service workers; the treatment alternative program; domestic abuse shelter programs; day treatment for Hispanic persons and establishing a Spanish language center for day treatment; providing funds to counties for alcohol and other drug abuse treatment programs; imposing a tax on controlled substances and allocating the revenue; declaring a building or structure used in illegal drug manufacture or delivery a nuisance and subject to abatement and sale; expanding the Kettle Moraine correctional institution, granting bonding authority and revising the 1989-91 state building program; establishing a challenge incarceration program; toll-free hotlines and reward programs; establishing a state crime laboratory in Wausau; establishing a home detention program; probationers and parolees; treatment programs for prisoners; payments to counties for persons held pending disposition of probation or parole revocation; community corrections treatment programs; services for women probationers and parolees; juvenile correctional institutions and youth aids; an early intervention program for high-risk youths; an intensive aftercare pilot program; drug law enforcement; grants to local law enforcement agencies; grants to cities and counties for payment of law enforcement costs; funding drug identification and interdiction; circuit court branches; granting rule-making authority; providing penalties; and making appropriations] was not germane under Assembly Rule 54 (3).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
447 [Note:] AB 12, Oct. 1989 Spec.Sess., in its relating clause listed 37 different subjects. "Community equity funding", the subject of A.Amdt-15 was not among them. Consequently, A.Amdt-15 expanded the scope of the multi-issue proposal, and was not germane.
A.Sub.Amdt-1 to Oc9-AB 12 (below) was the joint finance committee's substitute for the bill. Its relating clause listed 48 subjects.
Although a proposal's title is often helpful information in determining the germaneness of an amendment, and the change from 37 to 48 subjects easily created the suspicion that A.Sub.Amdt-1 might represent a substantial expansion of the proposal's scope. However, the final decision must be based on the content of the proposal itself.
The broad purpose of the bill was to deal with drug abuse and illegal drugs. Of the bill's 37 subjects, 6 were not referenced in the title of the joint finance substitute - generally, they reappeared in about a dozen phrases indicating that the substitute accomplished "the same purpose in a different manner [germane; A.Rule 54 (4) (b)].
Several of the new phrases in the title of the substitute dealt with a study, an audit, or even a "task force" - all intended to monitor the performance of the new programs on drug abuse and illegal drugs. Others dealt with the specifics of program administration (creating a division of narcotics and dangerous drugs; hotline for perinatal referral and information; state standards for drug abuse treatment programs) or with a consequence of illegal drugs convictions (immunity for forced testimony; selling property seized in drug arrests). Amendments "relating only to particularized details" are germane [A.Rule 54 (4) (e)].
Finally, each of the subjects included in the substitute amendment also had to fit, and did fit, within the special session agenda set by Gov. Tommy Thompson proclamation convening the special session (A.Jour. 10/10/89, p. 343).
Assembly Journal of November 10, 1989 .......... Page: 528
Point of order:
Representative Welch rose to the point of order that assembly substitute amendment 1 to Assembly Bill 12, Oct. 1989 Spec. Sess., 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 November 9, 1989 .......... Page: 497
Point of order:
Representative Carpenter rose to the point of order that assembly amendment 2 to assembly substitute amendment 1 to Assembly Bill 9, Oct. 1989 Spec. Sess., [relating to controlled substances; organized crime; drug paraphernalia, citations and disposition for certain juvenile offenses; obstructing an officer; prohibiting a pupil from using or possessing an electronic paging or 2-way communication device on the premises of a public school; drug tests in accidents
involving fatalities; substitution of judges; designating 2 circuit court branches in Milwaukee county as drug courts; granting to counties the right to prohibit by ordinance and impose forfeitures for, the possession of marijuana; regulating pawnbrokers and dealers in secondhand articles and jewelry; health maintenance organization coverage of treatment for students away from home; a study of the enrollment of certain recipients of medical assistance in health maintenance organizations; and providing penalties] was not germane under Assembly Rule 54 (3).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
448 [Note:] AB 9, Oct.89 Spec.Sess, was a multi-issue proposal narrowly drafted to carry out the agenda set forth in the governor's call (A.Jour., p. 343). The bill did not include the subject of A.Amdt-2, employer-required drug testing of employes. See also A.Amdt-5, below, on the same subject.
On the other hand, the bill did require officers of financial institutions to disclose alleged transfers of drug money and A.Amdt-3. (below) exempting the financial officer from civil liability for the disclosure was germane.
A.Amdt-7 provided for an action against other property when property subject to forfeiture as the result of a drug-related offense could not be found; it was held germane.
A.Amdt-10 proposed considering prior OWI drug-related convictions to permit assessing a higher penalty for the current offense; it was held not germane.
A.Amdt-14 proposed to exclude from worker's compensation coverage work-related injuries resulting from alcohol or drug abuse; it was held not germane.
A.Amdt-18 refused issuance, or required revocation, of state occupational licenses for persons twice convicted of controlled substance violations. It was ruled germane.
Point of order:
Representative Schneider rose to the point of order that assembly amendment 3 to assembly substitute amendment 1 to Assembly Bill 9, Oct. 1989 Spec. Sess. was not germane under Assembly Rule 54 (3).
The speaker [Loftus] ruled the point of order not well taken.
Assembly Journal of November 9, 1989 .......... Page: 498
Point of order:
Representative Carpenter rose to the point of order that assembly amendment 5 to assembly substitute amendment 1 to Assembly Bill 9, Oct. 1989 Spec. Sess. was not germane under Assembly Rule 54 (3).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Point of order:
Representative Welch rose to the point of order that assembly amendment 7 to assembly substitute amendment 1 to Assembly Bill 9, Oct. 1989 Spec. Sess. was not germane under Assembly Rule 54 (3). The chair [Rep. Clarenbach, speaker pro tem] took the point of order under advisement.
Ruling of the chair [p. 499]:
The chair [Rep. Clarenbach, speaker pro tem] ruled not well taken the point of order raised by Representative Welch that assembly amendment 7 to assembly substitute amendment 1 to Assembly Bill 9, Oct. 1989 Spec. Sess., was not germane.
Assembly Journal of November 9, 1989 .......... Page: 499
