Senate Journal of October 16, 1985 .......... Page: 419
[Point of order:]
Senator Feingold raised the point of order that senate amendment 3 [to Senate Bill 10, 1985 Sept. Spec. Sess., relating to awards of costs to individuals and small businesses and making an appropriation] was not germane.
The chair [Pres. Risser] ruled the point of order well taken.
[Note:] The bill concerned awarding of costs to a prevailing private party in contested administrative procedure cases against a state agency. S.Amdt.3 attempted to broaden this to include local units of government.
S.Amdt.4 [below] expanded the scope of the bill to cover also environmental citizen suits.
Senator Ulichny raised the point of order that senate amendment 4 was not germane.
The chair [Pres. Risser] ruled the point of order well taken.
Senate Journal of October 18, 1985 .......... Page: 454
[Point of order:]
Senator Theno raised the point of order that senate substitute amendment 1 [to Assembly Bill 413, relating to commencement of fall semester classes at the university of Wisconsin system] was not germane.
[Note:] The substitute amendment expanded the scope of the proposal by requiring fall class commencement after September 1 not only for the university of Wisconsin system, but also for vocational schools and for public schools.
The chair [Pres. Risser] ruled the point of order well taken.
Senate Journal of October 3, 1985 .......... Page: 373
[Point of order:]
Senator Rude raised the point of order that senate amendment 2 [to Senate Bill 217, relating to mobile home parks] was not germane.
217 [Note:] The bill was limited to prohibiting certain mobile home park lease practices based on the age of the mobile home.
S.Amdt.2 expanded the scope of the proposal by requiring installation of severe weather emergency shelters in mobile home parks. S.Amdt.4 [below] proposed to treat mobile homes, installed in parks, the same as other residential buildings for the purpose of search warrants.
The chair [Pres. Risser] ruled the point of order well taken.
Senator Rude raised the point of order that senate amendment 4 was not germane.
The chair [Pres. Risser] ruled the point of order well taken.
Senate Journal of September 24, 1985 .......... Page: 337
[Point of order:]
Senator Adelman raised the point of order that senate substitute amendment 1 [to Senate Joint Resolution 47, relating to memorializing Congress to retain the individual income tax deduction for state and local taxes] was not germane. The chair took the point of order under advisement.
Senate Journal of October 1, 1985 .......... Page: 359
Ruling of the chair [Pres. Risser]:
On Tuesday, September 24, 1985, the Senator from the 28th, Senator Adelman, raised the point of order that senate substitute amendment 1 to Senate Joint Resolution 47, introduced by the Senator from the 20th, Senator Stitt, was non-germane. The Chair took the point of order under advisement.
Senate substitute amendment 1 to Senate Joint Resolution 47 adds a considerable amount of new language related to memorializing Governor Earl to retain Wisconsin's property tax and rent credits. The title of the resolution is expanded to include this language.
Senate Rule 50 (1) states: No standing committee shall report any substitute amendment for any proposal originating in either house referred to such committee nor shall the Senate consider any substitute or amendment which relates to a different subject, is intended to accomplish a different purpose, would require a title essentially different or would totally alter the nature of the original proposal.
It is the opinion of the chair that senate substitute amendment 1 does not comply with the provisions of Senate Rule 50 (1) and therefore, the point of order is well taken.
[Note:] The original joint resolution was solely a memorial to congress, petitioning for the retention of federal income tax deductibility for state and local taxes paid. The substitute amendment incorporated an unrelated issue: memorializing Governor Earl not to eliminate Wisconsin income tax credits for property tax paid or rent credit for home-owners and renters.
S.Amdt.1 [below] impugned the deliberative nature of Wisconsin's legislative process. S.Amdt.4 again tried to expand the scope of the proposal by a reference to Wisconsin's income tax credits.
Senator Adelman raised the point of order that senate amendment 1 was not germane.
The chair ruled the point of order well taken.
Senator Adelman raised the point of order that senate amendment 4 was not germane.
218 The chair ruled the point of order well taken.
Senate Journal of May 28, 1985 .......... Page: 200
[Point of order:]
Senator Lee raised the point of order that senate amendment 2 [to Assembly Joint Resolution 3, relating to removing obsolete provisions of the state constitution regarding elections and suffrage so as to revise the article on suffrage without impeding any voting rights granted under the constitution or laws of this state (2nd consideration) was not germane.
[Note:] S.Amdt.2 proposed to ingraft a Wisconsin equal rights amendment.
The amendment was a floor amendment. It could also have been ruled "not in proper form" because the reversion of a constitutional amendment from 2nd consideration to first consideration requires a substitute amendment; see J.Rule 55 (2)(b).
The chair [Pres. Risser] ruled the point of order well taken.
Senate Journal of April 23, 1985 .......... Page: 146
[Point of order:]
Senator Theno raised the point of order that senate amendment 2 [to Senate Bill 144, relating to changing the term of office for the secretary of regulation and licensing from 6 years to a term expiring at the pleasure of the governor] was not germane.
[Note:] The bill was limited to the department of regulation and licensing. S.Amdt.2 proposed to add the department of agriculture, trade and consumer protection.
S.Amdt.3 [below] proposed to add the department of natural resources.
The chair [Pres. Risser] ruled the point of order well taken.
Senator Theno raised the point of order that senate amendment 3 was not germane.
The chair [Pres. Risser] ruled the point of order well taken.
Senate Journal of March 21, 1985 .......... Page: 122
[Point of order:]
Senator Cullen raised the point of order that senate amendment 3 [to Assembly Bill 3, 1985 March Spec. Sess., relating to providing agricultural production loan guarantees and interest reductions on guaranteed agricultural loans and making appropriations] was not germane. The chair took the point of order under advisement.
Senate Journal of March 21, 1985 .......... Page: 123
Ruling of the chair:
The Senator from the 15th, Senator Cullen, raised the point of order that senate amendment 3 to Assembly Bill 3, Spec. Sess., was not germane.
219 Assembly Bill 3, Spec. Sess., relates to providing production loans to be used for acquisition of fertilizer, seed, fuel, etc., necessary to plant or harvest a crop. The
amendment would expand its scope to permit funds to be used for real estate taxes in general.
Senate Rule 50 (7) reads as follows: "A substitute or amendment relating to a specific subject or to a general class is not germane to a bill relating to a different specific subject, but an amendment limiting the scope of the proposal is germane."
Senate amendment 3 would expand the scope of the bill. Therefore, it is the opinion of the chair [Pres. Risser] that the amendment is not germane.
1 9 8 3 A S S E M B L Y
Assembly Journal of April 4, 1984 .......... Page: 1145
Point of order:
Representative Kunicki rose to the point of order that assembly substitute amendment 1 to Senate Bill 485 [relating to health maintenance organizations] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] 1983 Senate Bill 485 dealt only with the operational procedures of HMOs; the A.Sub.1 dealt with required access of certain provider groups - dentists, optometrists, pharmacists, podiatrists - to participation in HMOs, PPOs and cooperative association health care plans. The bill touched cooperative association health care plans only to include them in the definition of HMOs; the amendment covered provider participation in all cooperative association health care plans, PPOs and HMOs.
The speaker [Loftus] ruled the point of order well taken.
Assembly Journal of March 29, 1984 .......... Page: 1110
Point of order:
Representative T. Thompson rose to the point of order that assembly amendment 1 to assembly amendment 7 to Assembly Bill 1103 [relating to an appropriation to Forward Wisconsin, inc., for advertising promotion of economic development] and assembly amendment 7 to Assembly Bill 1103 were not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] The amendments increased the money appropriated in the bill and then earmarked the increase, or a part of the increase, for the Department of Agriculture, Trade and Consumer Protection.
The speaker [Loftus] ruled the point of order well taken.
Assembly Journal of March 28, 1984 .......... Page: 1083
Point of order:
220 Representative Johnson rose to the point of order that assembly amendment 2 to Assembly Bill 1115 [relating to authorizing veterans' mortgage loans for certain refinancing purposes] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] The bill was narrowly drafted to deal exclusively with refinancing of home loans under the veterans mortgage loan program.
A.Amdt.2 proposed to raise the maximum eligible income from $18,000 to $23,000.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of March 28, 1984 .......... Page: 1083
Point of order:
Representative Jauch rose to the point of order that assembly amendment 1 to assembly substitute amendment 1 to Assembly Bill 1056 [relating to increasing the amounts that can be spent for supportive home care and day care services and making an appropriation] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] A.Sub.1 was limited to increasing the available total funds for allocation to counties.
A.Amdt.1 tried to set criteria for distribution of day care funds to eligible parents in case a county's total allocation was insufficient for the number of applications.
The chair took the point of order under advisement.
Assembly Journal of March 28, 1984 .......... Page: 1084
The chair [Rep. Clarenbach, speaker pro tem] ruled that assembly amendment 1 to assembly substitute amendment 1 to Assembly Bill 1056 was not germane under Assembly Rule 54 and the point of order well taken.
Assembly Journal of March 22, 1984 .......... Page: 1036
Point of order:
Representative Johnson rose to the point of order that assembly amendment 2 to assembly substitute amendment 2 to Senate Bill 663 [relating to the individual and corporate surtaxes, the homestead credit, the required general fund balance, reducing the bonding authority for highway projects, income tax exemptions, income and franchise tax deductions for intercorporate dividends and for insurers' loss carry-backs, property tax statements, the definition of the internal revenue code for purposes of the income, franchise, inheritance and minimum taxes, required health insurance coverage, income tax exemptions, utility taxes on telephone companies, decreasing the primary guaranteed valuation, providing penalties and making an appropriation] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] A.Amdt.2 to A.Sub.2 related to the corporate income tax deduction for contributions to deferred payment plans.
A contribution made on or before the last day for filing was deemed made on the last day of the tax year for the return.
The speaker took the point of order under advisement.
221Assembly Journal of March 22, 1984 .......... Page: 1037
The speaker [Loftus] ruled that assembly amendment 2 to assembly substitute amendment 2 to Senate Bill 663 was not germane. The point of order raised by Representative Johnson was ruled well taken.
Assembly Journal of March 21, 1984 .......... Page: 1005
Point of order:
Representative Potter rose to the point of order that assembly amendment 1 to Senate Bill 281 [relating to authorizing credit unions to act as depositories for public funds and designating the higher education corporation as a public depositor] was not germane under Assembly Rule (3) (f) [substantial expansion of scope].
[Note:] A.Amdt.1 directed the commissioner of credit unions, together with the departments of justice and administration, to prepare draft legislation authorizing the conversion of credit unions into state-chartered banks.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
