Assembly Journal of November 4, 1981 .......... Page: 1709
Point of order:
Representative Looby rose to the point of order that members of the Legislature were not properly notified of the calling of a special session.
The speaker took the point of order under advisement. [It appears that no ruling was given.]
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Assembly Journal of January 22, 1980 .......... Page: 1848
Point of order:
562 Representative Wahner rose to the point of order that the hour of 10:00 A.M. had arrived and, therefore, the assembly was in extraordinary session.
Representative Shabaz stated that the assembly was in special session pursuant to Article IV, Section 11 of the Wisconsin Constitution.
The speaker [Jackamonis] ruled well taken the point of order raised by Representative Wahner that the assembly was in extraordinary session. He ruled that a regular session or an extraordinary session called by the legislature takes precedence over a special session called by the governor and cited two precedents as the basis for his ruling: 1) the June 19, 1962 ruling of senate president pro tempore Panzer and, 2) the December 10, 1963 ruling of assembly speaker Haase.
Representative Shabaz appealed the ruling of the chair. Representative Shabaz moved that the rules be suspended and that Assembly Bill 1, January 1980 Special Session be withdrawn from the committee on Criminal Justice and Public Safety and taken up at this time.
The speaker [Jackamonis] ruled the motion out of order.
The question was: Shall the decision of the chair stand as the judgment of the assembly?
The roll was taken. [Display of roll call vote omitted; ayes-59,noes-36.] Motion carried.
The assembly recessed the special session and went into extraordinary session pursuant to the speaker's ruling.
Assembly Journal of January 22, 1980 .......... Page: 1859
Point of order:
Representative Shabaz rose to the point of order that the hour of 2:01 P.M. had arrived and the assembly was in special session.
The speaker [Jackamonis] ruled the point of order not well taken for the same reasons stated in the ruling he made earlier today [see ruling on page 1848].
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Senate Journal of December 17, 1973 .......... Page: 5
[Memorial to congress: not considered in special session]
Senate Resolution 1, 1973 Special Session [relating to organization of the senate for the 1973 special session]: ...."they are changed by the following special rules:
(1) No memorials to congress shall be considered by the senate."
Senate Journal of December 17, 1973 .......... Page: 11
[Point of order:]
Senator M. Swan asked unanimous consent to introduce a joint resolution memorializing Congress.
Senator LaFave raised the point of order that under the rules adopted for the special session no memorializations of Congress could be introduced by members.
The chair [Lt.Gov. Schreiber] ruled the point of order well taken.
563 Senator Dorman appealed the ruling of the chair. The question was: Shall the ruling of the chair stand as the decision of the senate? The ayes and noes were required and the vote
was: [Display of roll call vote omitted; ayes-22, noes-7.] So the ruling of the chair was sustained.
Special session: proposal or amendment not germane to call
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Assembly Journal of December 21, 1989 .......... Page: 569
Point of order:
Representative Prosser rose to the point of order that Senate Bill 13, Oct. 1989 Spec. Sess., as amended by the senate, [relating to funding for a 2nd-dose immunization series for measles, mumps and rubella vaccine and making an appropriation] was not germane to the call of the Oct. 1989 Spec. Sess. under Assembly Rule 93.
[Note:] The governor's original call convening the October 1989 special session, dated 9/29/89, mentioned only problems related to drug abuse and illegal drugs. A bill on measles immunization would have been outside the scope of that call.
On December 15, Gov. Tommy Thompson issued a supplementary call (S.Jour., p. 578) adding 2 more items to the special session agenda. The first of these items was: "To enact legislation to provide funding for vaccinations for measles, mumps and rubella".
As introduced, Oc9-SB 13 merely increased an existing appropriation by $2,000,000. As reported by the joint finance committee (S.Sub-2) and amended and passed by the senate, Oc9-SB 13 still included that appropriation and, in addition, contained provisions on the implementation of the vaccination program, possible federal funding, and a report on available health insurance coverage for required immunizations.
In setting the agenda for a special session, the governor can only outline the issues. The specific detail of dealing with each issue is the prerogative of the legislature.
The speaker [Loftus] ruled the point of order not well taken.
Assembly Journal of November 10, 1989 .......... Page: 525
Point of order:
564 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.
565 [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.
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Senate Journal of December 21, 1989 .......... Page: 589
[Point of order:]
Senator Davis raised the point of order that senate substitute amendment 2 as introduced and as amended was not germane [to Oct. 1989 Spec. Sess. Senate Bill 13, relating to funding for a 2nd-dose immunization series for measles, mumps and rubella vaccine and making an appropriation]. [Intervening text omitted.]
Ruling of the chair:
Senator Davis raised a point of order that senate substitute amendment 2 as introduced and as amended was nongermane.
The amendments to senate substitute amendment 2 which have been adopted are senate amendments 1 and 2. Senate amendment 1 clarifies current law to insure the immunization program applies to Milwaukee School systems. Senate amendment 2 has changed an effective date.
Senate substitute amendment 2 amends an appropriation as does the original bill. It is true as the Senator Davis indicates the original relating clause did not contain that cite however, in the body of Oct. 1989 Spec. Sess. Senate Bill 13 the same section of the statutes is enumerated. I point this out only to remind the body that the President cannot rely on a title of a bill to determine the subject. Also, I might point out that the analysis of the original bill discusses responsibilities of governing bodies and various schools as they relate to immunization. Mason's Manual Sec. 402(2) states:
To determine whether an amendment is germane, the question to be answered is whether the question is relevant, appropriate, and in a natural and logical sequence to the subject matter of the original proposal.
The Chair is of the opinion that Oct. 1989 Spec. Sess. Senate Bill 13 as originally drafted provides increased funding for the immunization program for school age children. Senate substitute amendment 2 as amended stays within this scope.
Therefore it is the opinion of the Chair the amendment is germane and the Point of Order is not well taken.
Senator Fred A. Risser
President of the Senate
566Senate Journal of December 21, 1989 .......... Page: 590
[Point of order:]
Senator Davis raised the point of order that senate substitute amendment 2 [to Oct. 1989 Spec. Sess. Senate Bill 13] was not germane to the call of the special session.
[Note:] Executive order 67, issued 9/29/89 to convene to Oct. 1989 Spec. Sess., was expanded on 12/15/89 (Sen. Jour., p. 578): "To enact legislation to provide funding for vaccinations for measles, mumps, and rubella (MMR)."
The Chair [President Risser] ruled the point not well taken.
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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.
Assembly Journal of May 22, 1986 .......... Page: 1116
Point of order:
Representative Welch rose to the point of order that Assembly Bill 13, May 1986 Special Session, [relating to operating a motor vehicle while under the influence of an intoxicant, drugs or both, administrative and court-ordered revocation of operating privileges and chemical tests for intoxication, making an appropriation and granting rule-making authority] as amended, was not germane under Assembly Rule 93 (1) [scope of session call exceeded].
[Note:] Item 13 of Gov. Earl's proclamation of 5/19/86 read: "Making certain changes relating to revocation of operating privileges and operation of vehicles, including motorboats, while intoxicated.".
A supplementary call, dated 5/20/86, expanded the item to include "revocation and suspension" and "privileges and issuance of occupational licenses".
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Assembly Journal of May 22, 1986 .......... Page: 1102
Point of order:
567 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].
568 [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:
