Representative Krug rose to the point of order that assembly amendment 15 to Senate Bill 65 [relating to the authority of a metropolitan sewerage district established by a 1st class city to recover capital costs and to expand its boundaries] was not germane under Assembly Rule 54.
[Note:] The purpose of 1989 SB 65 was to remedy "procedural defects in the enactment of 1983 WisAct 27 and 1985 WisAct 29, and thereby validate the authority of the Milw. metropolitan sewerage district (MMSD) to recover capital costs and expand its boundaries.
A.Amdt-15 proposed to divert $22,323,900 of the moneys recovered by MMSD to provide point source pollution abatement grants to 26 cities, towns, villages, Indian tribes, town sanitary districts and metropolitan sewerage districts throughout the state.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of June 27, 1989 .......... Page: 249
Point of order:
Representative Krusick rose to the point of order that assembly amendment 2 to Assembly Bill 112 [relating to pay and benefits to deputy sheriffs suspended or dismissed in populous counties] was not germane under Assembly Rule 54.
[Note:] The bill, limited to Milwaukee county, prohibited suspension or dismissal of a deputy sheriff, without pay or benefits, until the matter was disposed of by the civil service commission and the time for beginning an appeal expired.
A.Amdt-2 removed the Milwaukee county limitation and proposed to make similar procedures available statewide.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
192Assembly Journal of May 25, 1989 .......... Page: 186
Point of order:
Representative Fortis rose to the point of order that assembly amendment 6 to Assembly Bill 129 [relating to the coverage and enforcement of the clean indoor air law and providing a penalty] was not germane under Assembly Rule 54 (3) (f).
[Note:] The bill added private offices and prisons to the list of places where smoking is prohibited. It also created a $25 fine for violation of the no-smoking law.
A.Amdt-6 proposed to add "use or nonuse of tobacco for smoking" to the statutory listing of unfair discrimination in employment practices.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of April 26, 1989 .......... Page: 132
Point of order:
Representative Radtke rose to the point of order that assembly amendment 2 to Assembly Bill 95 [relating to passenger capacity of vessels eligible for alcohol beverages permits] was not germane under Assembly Rule 54 (3) (f) [expansion of scope].
The speaker [Loftus] ruled the point of order well taken.
[Note:] The bill proposed to reduce, from 100 passengers to 50 passengers, the minimum size of vessels for which the department of revenue may issue alcohol beverage permits.
A.Amdt-2 proposed to move the venue, for alcohol related crimes committed on passenger vessels, from the place of occurrence to the vessel's regular place of mooring.
A.Amdt-3 (below) was considered a matter of particularized detail. It provided that if the passenger vessel's regular place of mooring was a municipality in which bartenders are licensed, then bartenders working on that vessel have to obtain bartender's licenses from the municipality.
Point of order:
Representative Radtke rose to the point of order that assembly amendment 3 to Assembly Bill 95 was not germane under Assembly Rule 54 (3) (f).
The speaker ruled the point of order not well taken.
Assembly Journal of March 14, 1989 .......... Page: 87
Point of order:
Representative Prosser rose to the point of order that assembly amendment 2 to Senate Bill 6 [relating to increasing payment for certain facilities that provide care to medical assistance recipients with respect to certain direct care costs, active treatment and operating deficits and making an appropriation] was not germane under Assembly Rule 54.
193 [Note:] The bill received from the senate was limited to changes in chapter 49, stats. The amendment proposed an expansion of the proposal's scope, in violation of A.Rule 54 (3) (f), by directing the secretary of health and social services to seek a federal waiver change for the community integration program under s. 46.277 (2), stats.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of February 2, 1989 .......... Page: 46
Point of order:
Representative Black rose to the point of order that assembly amendment 2 to Assembly Bill 14 [relating to notification of the release into the environment of genetically engineered organisms and providing penalties] was not germane under Assembly Rule 54.
[Note:] As introduced, the bill had the limited purpose of providing for a coordinated framework of biotechnology in which Wisconsin state agencies (DNR and DATCP) may review the release, in this state, of any genetically engineered organism that was already subject to federal regulation.
Nothing in the amendment related to state review of the release of federally regulated, genetically engineered organisms. Instead, the amendment prohibited (with 4 exceptions), the use of "genetic material derived from human sources" in any product or in product development research. The amendment covered one individual proposition while the bill covered a different individual proposition. Thus, the amendment was a nongermane amendment prohibited by A.Rule 54 (3) (a).
Nothing in the bill related to the use of "genetic material" derived from human sources in products or product development research. Instead, the bill was limited to "genetically engineered organisms". While "organism" was not defined in the bill, the dictionary defined it as a living being with "a complex structure of interdependent and subordinate elements whose relations and properties are largely determined by their function in the whole". Genetic material derived from human sources is not an organism.
Consequently, adding the amendment to the bill expanded the scope of 1989 Assembly Bill 14. An amendment that substantially expands the scope of the proposal is a nongermane amendment prohibited by A.Rule 54 (3) (f).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
1 9 8 9 S E N A T E
Senate Journal of March 22, 1990 .......... Page: 920
[Point of order:]
194 Senator Strohl raised the point of order that senate amendment 3 to Assembly Bill 765, relating to appearances before or negotiations with state agencies by former state public officials, requests for increased appropriations to state agencies, composition of the ethics board, administration of the lobbying regulation law, prohibited lobbying practices and lobbying disclosure; prohibiting certain university of Wisconsin system officials from
serving on boards of directors of certain types of business associations, establishing an institute on ethics in government at the university of Wisconsin-Madison; creating a merit system protection board, protecting disclosures by state employes, creating a committee to study the state civil service system, placing certain state positions in the classified civil service, changing the method of removal of state officers; and rewards and protection from retaliatory actions for private persons who report improper activities in state government and making appropriations] was not germane.
The Chair [President Risser] ruled the point well taken.
[Note:] The bill made various changes in the lobbying regulation law and the code of ethics for state public officials and employes.
Sen. Amdt. 3 proposed to create a new crime of bribery involving a state or local public official.
Sen. Amdt. 4 (below) would have required the judicial commission to issue advisory opinions at the request of any judge "on any matter under its jurisdiction" to which the judge is or may become a party.
[Point of order:]
Senator Adelman raised the point of order that senate amendment 4 was not germane to Assembly Bill 765.
The Chair ruled the point well taken.
Senate Journal of March 15, 1990 .......... Page: 855
[Point of order:]
Senator Chvala raised the point of order that the amendment [senate amendment 2 to Assembly Bill 723, relating to designating a portion of the Rock river a scenic urban waterway] was not germane.
[Note:] The bill was narrowly drafted to add part of a 3rd river to a statute already designating the Wisconsin part of the Illinois Fox river, and the Wisconsin Fox river from Lake Winnebago to Green Bay, as scenic urban waterways.
The 3rd river to be added was the Rock county part of the Rock river, below Lake Koshkonong, about 20 miles.
Sen. Amdt. 2 proposed to expand the definition of the Wisconsin Fox river scenic urban waterway so as to include the Portage canal from the Wisconsin to the Fox, and the Fox all the way from Portage in Columbia county, through Marquette county (Buffalo lake), Green Lake county (Puckaway lake and the White River marsh), a corner of Waushara county, and Winnebago county (Poygan, Butte des Morts and Winnebago lakes) to Neenah-Menasha.
The Chair [President Risser] ruled the point well taken.
Senate Journal of February 15, 1990 .......... Page: 706
[Point of order:]
195 Senator Strohl raised the point of order that senate substitute amendment 1 to Assembly Bill 277 [relating to changes to laws governing coverage under the patients
compensation fund and the health care liability insurance plan, various changes to laws regulating medical malpractice insurance and the applicability of certain insurance laws to the laws governing the patients compensation fund, medical malpractice insurance and continuing care contracts] was not germane.
[Note:] The substitute amendment, in addition to containing the provisions of the bill and proposing a number of changes in the administration of the patients compensation fund, removed a 1/1/91 sunset date on the existing law limiting noneconomic damages. As set by the director of state courts under statutory guidelines, that maximum is $1,070,170.
By eliminating the sunset and, additionally, reducing the maximum to $250,000, the substitute amendment would have expanded the scope of the proposal, in violation of Sen. Rule 50 (7).
The Chair [President Risser] ruled the point well taken.
Senate Journal of November 10, 1989 .......... Page: 536
[Point of order:]
Senator Moen raised the point of order that senate amendment 1 to Assembly Bill 429 [relating to establishing an emergency medical services fee to be collected by the department of transportation, creating an emergency medical services assistance board, funding local emergency medical services, training and administrative support and technical assistance for emergency medical services, revising regulation of emergency medical services personnel, granting rule-making authority and making appropriations] was not germane.
[Note:] Sen. Amdt. 1 proposed to add to the bill a program of injury prevention grants to be administered by the department of health and social services.
The Chair [President Risser] ruled the point well taken.
Senate Journal of May 25, 1989 .......... Page: 242
[Point of order:]
Senator Risser raised the point of order that the amendment [senate amendment 1 to Senate Bill 66, relating to the coverage and enforcement of the clean indoor air law and providing a penalty] was not germane.
[Note:] The bill expanded the coverage of the existing law to include private offices. The amendment added "use or nonuse of tobacco for smoking" to the listing of unfair discrimination in employment practices.
The Chair [Sen. Helbach] ruled the point well taken.
196Senate Journal of April 25, 1989 .......... Page: 189
[Point of order:]
Senator Lee raised the point of order that senate amendment 12 [to Senate Bill 65, [relating to the authority of a metropolitan sewerage district established by a 1st class city to recover capital costs and to expand its boundaries] is not germane to the bill.
The Chair [President Risser] ruled the point well taken.
[Note:] The purpose of 1989 SB 65 was to remedy "procedural defects in the enactment of 1983 WisAct 27 and 1985 WisAct 29, and thereby validate the
authority of the Milw. metropolitan sewerage district (MMSD) to recover capital costs and expand its boundaries.
Sen. Amdt. 12 proposed to divert $22,323,900 of the moneys recovered by MMSD to provide point source pollution abatement grants to 26 cities, towns, villages, Indian tribes, town sanitary districts and metropolitan sewerage districts throughout the state.
Sen. Amdt. 16 (below) would have transferred to the Milw. county executive the appointment of the 7 members of the MMSD commission now appointed by the mayor of the city of Milw.
[Point of order:]
Senator Lee raised the point of order that senate amendment 16 is not germane to the bill.
The Chair ruled the point well taken.
1 9 8 7 A S S E M B L Y
Assembly Journal of June 30, 1988 .......... Page: 1152-3
Point of order:
Representative Gronemus rose to the point of order that assembly amendment 1 to Senate Bill 601 [relating to a farmers' drought property tax credit and making an appropriation] was not germane under Assembly Rule 54. The chair [Rep. Clarenbach, speaker pro tem] took the point of order under advisement. [Intervening text omitted.]
[Note:] The bill was limited to a special property tax credit for any farmer able to prove a crop loss of at least 40% due to the 1988 drought.
A.Amdt.1 was a floor amendment attempting to raise, from 8.5% to 10% of the first $2,000 of property taxes paid, the existing school property tax credit for all taxpayers.
The amendment constituted a substantial expansion of the bill's scope in violation of A.Rule 54 (3) (f).
The speaker [Loftus] ruled well taken the point of order raised by Representative Gronemus that assembly amendment 1 to Senate Bill 601 was not germane.
Assembly Journal of May 19, 1988 .......... Page: 1116
Point of order:
197 Representative Prosser rose to the point of order that assembly amendment 1 to Senate Bill 598 [relating to the homestead credit, farmland preservation credit, school property tax credit, vocational, technical and adult education incentive grants and making an appropriation] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope].
[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.
