The speaker ruled the point of order well taken.
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 14 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The speaker ruled the point of order well taken.
Point of order:
569 Representative Hephner rose to the point of order that assembly amendment 15 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The speaker ruled the point of order well taken.
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 16 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The speaker ruled the point of order well taken.
Assembly Journal of March 25, 1986 .......... Page: 1018
Point of order:
Representative Porter rose to the point of order that assembly amendment 21 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 22 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of March 25, 1986 .......... Page: 1019-20
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 27 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The chair [Rep. Clarenbach, speaker pro tem] took the point of order under advisement. [Intervening text omitted.]
The chair ruled that assembly amendment 27 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call and the point of order well taken.
Assembly Journal of October 18, 1985 .......... Page: 518
Point of order:
Representative Neubauer rose to the point of order that assembly substitute amendment 1 to Senate Bill 8, September 1985 Spec. Sess. [relating to making an appropriation for funding for Forward Wisconsin, inc], was not germane under Assembly Rule 54.
[Note:] The bill, conforming to item 7 of the special session call (A.Jour. 9/26/85, p. 356), was limited to increasing the state contribution to Forward Wisconsin, inc.
A.Sub.1 proposed to reorganize the state's department of development to obtain, by reduced DOD operations, funds to be allocated to Forward Wisconsin.
The speaker [Loftus] ruled the point of order well taken.
Assembly Journal of October 9, 1985 .......... Page: 408
Point of order:
570 Representative Hephner rose to the point of order that assembly amendment 2 to Assembly Bill 2, September 1985 Spec. Sess., [relating to determination of the value and equalized value of agricultural land, information required to be included on the real estate transfer form, requiring the department of revenue to promulgate rules and making appropriations] was not germane under Assembly Rule 54 and Assembly Rule 93 (1). The speaker took the point of order under advisement.
[Note:] The amendment directed the legislative council to study property tax assessment in general; not, just the issues pertaining to the valuation of agricultural land.
A.Rule 93 (1) permits consideration, in special session, of proposals and amendments pertaining "to the organization of the legislature". That sentence should be read to continue "in special session". A study assigned to the legislative council is not a matter pertaining to the organization of the legislature in that special session.
The speaker [Loftus] ruled the point of order well taken and the amendment not germane under Assembly Rule 93 (1) [scope of session call exceeded] because it did not deal only with agricultural land.
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Senate Journal of July 15, 1986 .......... Page: 952
[Point of order:]
Senator Cullen raised the point of order that senate amendment 1 [to Senate Bill 2, July 1986 Spec. Sess., relating to making an addition to and improvement upon the state trunk highway system connecting I-90 and USH-51 over Avalon road in Rock county, including construction of an interchange, and making an appropriation] was not germane.
[Note:] In Milwaukee Brewers Baseball Club v. Wisconsin Dept. of Health and Social Services, 130 Wis. 2d 79 (1986), the Wisconsin supreme court reexamined the meaning of "special or private laws" under Wis.Const. IV-31.
Considered a part of the state trunk highway system, the I-road interchange at Avalon road near Janesville in Rock county had already been authorized in the budget, 1985 WisAct 29. To remove any doubt attached to that general-law authorization by the Brewers case, the July 1986 special session had before it the present bill, drafted under Wis.Const. IV-18 as a "local" bill, limited to "one subject" with that subject "expressed in the title".
S.Amdt.1, attempting to add to the bill a stretch of highway in Grant county, was a clear violation of the single subject rule for local bills, and was also beyond the purpose stated by the governor in calling the July 1986 special session.
The chair [Pres. Risser] ruled the point of order well taken.
571Senate Journal of May 22, 1986 .......... Page: 910
[Point of order:]
Senate Bill 21, May 1986 Spec. Sess., relating to requiring motor vehicle operators and passengers to wear safety belts, granting rule-making authority, requesting a study and providing a penalty.
Read a second time.
Senator Roshell raised the point of order that the bill was not properly before the Senate.
[Note:] Consideration of a mandatory seat belt law was not among the 13 items for which the governor had called the May 1986 special session.
The chair [Pres. Risser] ruled the point of order well taken.
Senate Journal of January 29, 1986 .......... Page: 545
[Point of order:]
Senator Feingold raised the point of order that senate amendment 1 to Senate Bill 1, January 1986 Special Session [relating to: adjustments in the budgets and programs of certain state departments and agencies and certain state aids to individuals and local governments for the purpose of reducing state expenditures to reflect anticipated state revenues; intent concerning funding of federal assistance reductions; the general fund and transportation fund balances; creation of a budget stabilization fund and reallocation of state moneys; estimated tax payments; the homestead income tax credit; court chambers for the court of appeals; the preschool to grade 5 program; prohibiting a reduction in the number of class sections offered in the university of Wisconsin system during the 1986-87 fiscal year as a result of certain fiscal changes; plans and budgets of county departments which provide social services and mental health, developmental disability and alcohol and other drug abuse services; provision of mental health services under the medical assistance program; county carry forward of certain social services funds; policies and procedures manual for social services programs; facility reimbursement rate calculations; establishing fees for registrants of a seminar or workshop relating to nursing home or community-based residential facility service; providing for a study of state requirements in human services programs; limited term employe compensation; pay rate adjustments to correct pay inequities; early retirement for state employes; a single registration plate for motor vehicles; and granting rule-making authority, creating penalties and making appropriations] was not germane. The chair took the point of order under advisement.
Senate Journal of January 29, 1986 .......... Page: 548
Ruling of the chair:
The Senator from the 27th, Senator Feingold, raised the point of order that senate amendment 1 as it relates to the securities exemption is not germane.
The governor's call and the bill relate to reducing the cost of state government. The provisions in senate amendment 1 relating to the securities exemption appear to reduce the cost of government.
Therefore, it is the opinion of the chair [Pres. Risser] that the provisions questioned are germane and the point of order is not well taken.
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Assembly Journal of October 28, 1983 .......... Page: 571
Point of order:
Representative Crawford rose to the point of order that senate amendment 2 to Assembly Bill 5, October 1983 Special Session [relating to directing the department of development to establish and operate a permit information center and specifying agency rule-making and other responsibilities which are coordinated with the functions of the center and making an appropriation], was not germane under Assembly Rule 93 (1) [in special session, amendment must fit within call] and Article IV, Section 11 [special session limited to purposes for which convened], of the Wisconsin Constitution.
The speaker [Loftus] ruled that, based on past precedents and Article IV Section 8 [each house determines own rules] of the Wisconsin Constitution, he could not rule on the germaneness of senate amendments. The point of order was ruled not well taken.
Assembly Journal of October 27, 1983 .......... Page: 551
[Motion cannot suspend constitutional requirement:]
Representative Johnson rose to the point of order that assembly amendment 14 to Assembly Bill 7, October 1983 Special Session [relating to taxation of milk assessments and refunds of them, garnishment of the proceeds from the sale of agricultural products, use of nondairy products in state and municipal buildings prohibited, distribution of cheese at tourist information centers, foreclosure by advertisement, promotion of Wisconsin products, dissolution of a consent order regarding dairy advertising and granting rule-making authority], was not germane under Assembly Rule 93 (1) [in special session, amendment must fit within call].
[Note:] A.Amdt.14 proposed to replace the inheritance tax with an estate tax.
The speaker [Loftus] ruled the point of order well taken.
Representative Merkt moved that Assembly Rule 93 be suspended.
The speaker [Loftus] ruled the motion out of order under Article IV Section 11 of the Wisconsin Constitution.
Representative Merkt appealed the decision of the chair on the germaneness of assembly amendment 14 to Assembly Bill 7, October 1983 Special Session.
Representative Merkt asked unanimous consent to withdraw his appeal.
Granted.
Assembly Journal of October 27, 1983 .......... Page: 549
Point of order:
573 Representative Swoboda rose to the point of order that assembly amendment 3 to Assembly Bill 7, October 1983 Special Session [relating to taxation of milk assessments and refunds of them, garnishment of the proceeds from the sale of agricultural products, use of nondairy products in state and municipal buildings prohibited, distribution of cheese at tourist information centers, foreclosure by advertisement, promotion of Wisconsin products, dissolution of a consent order regarding dairy advertising and granting rule-making authority], was not germane under Assembly Rule 93 (1) [in special session, amendment must fit within call].
[Note:] A.Amdt.3 proposed, until 1/1/86, a minimum markup on dairy products.
The speaker [Loftus] ruled the point of order well taken.
Assembly Journal of October 27, 1983 .......... Page: 550
Point of order:
Representative Johnson rose to the point of order that assembly amendment 10 to Assembly Bill 7, October 1983 Special Session, was not germane under Assembly Rule 93 (1) [in special session, amendment must fit within call].
[Note:] A.Amdt.10 proposed to exempt "real property used as a cherry or apple orchard" from the property tax.
Representative Johnson withdrew his point of order.
Assembly Journal of October 27, 1983 .......... Page: 542
Point of order:
Representative T. Thompson rose to the point of order that assembly substitute amendment 1 to Assembly Bill 3, October 1983 Special Session [relating to limiting this state's jurisdiction to tax foreign corporations], was not germane under Assembly Rules 93 (1) [in special session, amendment must fit within call] and 54 (3) (f) [substantial expansion of scope].
Representative T. Thompson also rose to the point of order that assembly substitute amendment 1 to Assembly Bill 3, October 1983 Special Session was not properly before the assembly under Assembly Rule 55 (1) (a) [sequence of considering amendments].
[Note:] The bill was limited to tax nexus for Wisconsin activities by foreign corporations.
A.Sub.1 did not address the area covered by the bill but, rather, proposed cutting the corporate income tax rate from 7.9% to 7.82% for all payers.
The speaker [Loftus] ruled the amendment not germane to the special session call and out of order under Assembly Rule 93 (1).
Assembly Journal of October 27, 1983 .......... Page: 542
Point of order:
Representative Johnson rose to the point of order that assembly amendment 1 to Assembly Bill 3, October 1983 Special Session [relating to limiting this state's jurisdiction to tax foreign corporations], was not germane under Assembly Rule 93 (1) [in special session, amendment must fit within call].
[Note:] A.Amdt.1 dealt with taxation of the combined income of any interrelated corporations doing business in this state.
574 The speaker [Loftus] ruled the point of order well taken.
