The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of March 10, 1994 .......... Page: 762
Point of order:
Representative Bell rose to the point of order that assembly amendment 2 to Assembly Bill 1237 [relating to creating a national and community service board; prescribing the powers and duties of that board; and making appropriations] was not germane under Assembly Rule 54 (3) (f).
[Note:] A.Amdt-2 proposed a broad-based expansion of the proposal's scope by adding material relating to "general equalization aids; minimum aids to school districts; creating a committee called the school funding authority and a governmental school funding committee; increased funding for the county mandate relief program, the small municipalities improvement program and the expenditure restraint program".
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of March 10, 1994 .......... Page: 762
Point of order:
Representative Bell rose to the point of order that assembly amendment 4 to Assembly Bill 1236 [relating to initial tuition grant awards; historic site admission fees; aid to vocational, technical and adult education districts for chauffeur training; and making an appropriation] was not germane under Assembly Rule 54 (3) (f).
258 [Note:] A.Amdt-4 proposed a broad-based expansion of the proposal's scope by adding material relating to "general equalization aids; minimum aids to school districts; creating a committee called the school funding authority and a governmental school funding committee; increased funding for the county mandate relief program, the small municipalities improvement program and the expenditure restraint program".
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of March 10, 1994 .......... Page: 759
Point of order:
Representative Kunicki rose to the point of order that assembly amendment 1 to Assembly Bill 1234 [relating to accrued tax receipts; disallowance of deductions for state taxes paid; authorizing direct payment of use taxes; and
allowing payments of sales tax and use tax refunds to buyers] was not germane under Assembly Rule 54 (3) (f).
[Note:] The bill made a number of minor substantive tax law changes dealing with tax accrual for accounting procedures, adjustments to federal income for the Wisconsin corporate income tax, buyers' permits for deferred payment of sales tax as use tax, and sales or use tax refunds.
A.Amdt-1 proposed to exclude Menominee county from the maximum limit on shared revenue deficiency payments.
A.Amdt-2 (below) proposed to impose a property tax on "additions, attachments, annexes, foundations and appurtenances" of recreational mobile homes under 400 square feet.
A.Amdt-3 proposed to grant a sales tax exemption for food or beverages sold by community-based residential facilities.
A.Amdt-5 proposed changes in the general school equalization aids formula and increased state funds for that purpose by $171 million for the 1994-95 school year.
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Representative Bell rose to the point of order that assembly amendment 2 to Assembly Bill 1234 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Representative Kunicki rose to the point of order that assembly amendment 3 to Assembly Bill 1234 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Representative Bell rose to the point of order that assembly amendment 5 to Assembly Bill 1234 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of March 10, 1994 .......... Page: 758
Point of order:
259 Representative Kunicki rose to the point of order that assembly amendment 1 to Assembly Bill 1233 [relating to adopting internal revenue code provisions for income and franchise tax purposes] was not germane under Assembly Rule 54 (3) (f).
[Note:] The bill was limited to adjustments in the Wisconsin state income tax based in 1993 federal internal revenue code changes.
A.Amdt-1 attempted to incorporate an unrelated individual proposition, granting a capital gains tax exemption for sales of assets used in farming to blood or marital relatives of a subsequent generation.
A.Amdt-2 (below) attempted to change the school aid formula and appropriate additional monies for school equalization aids.
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Representative Kunicki rose to the point of order that assembly amendment 2 to Assembly Bill 1233 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of March 8, 1994 .......... Page: 735
Point of order:
Representative Kunicki rose to the point of order that assembly substitute amendment 2 to Assembly Bill 1160 [relating to: the purchase of health care coverage by private employers through a program offered by the group insurance board and requiring the governor to submit legislation to the legislature regarding a universal health care plan; health insurance market reform; and granting rule-making authority] was not germane under Assembly Rule 54 (3) (f).
[Note:] A.Sub-2 substituted changes in the existing health insurance structure for the bill's broad-based approach to health insurance market reform.
Exchanging one group of individual propositions for a different group of individual propositions is, probably, not germane under A.Rule 54 (3) (a).
A.Amdt-15 to A.Sub-1 (below) expanded the scope of the proposal by adding tax-exempt individual employe medical savings accounts as an alternative approach to comprehensive health care financing.
A.Amdt-16 to A.Sub-1 tried to incorporate another unrelated individual proposition, "limiting medical malpractice noneconomic damage awards".
A.Amdt-20 to A.Sub-1 deleted most of the substitute amendment's content and attempted to replace the bill's approach to universal health care under private and group insurance with a basic health insurance plan incorporating medical assistance and general relief.
A.Amdt-22 attempted to prohibit health insurance coverage of nontherapeutic abortions.
A.Amdt-31 attempted to create a new state government agency, the "council on health care fraud and abuse".
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of March 8, 1994 .......... Page: 740
Point of order:
260 Representative Krug rose to the point of order that assembly amendment 15 to assembly substitute amendment 1 to Assembly Bill 1160 was not germane under Assembly Rule 54 (3) (f).
The speaker ruled the point of order well taken.
Representative Krug rose to the point of order that assembly amendment 16 to assembly substitute amendment 1 to Assembly Bill 1160 was not germane under Assembly Rule 54 (3) (f).
The speaker ruled the point of order well taken.
Assembly Journal of March 8, 1994 .......... Page: 741
Point of order:
Representative Kunicki rose to the point of order that assembly amendment 20 to assembly substitute amendment 1 to Assembly Bill 1160 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Representative Krug rose to the point of order that assembly amendment 22 to assembly substitute amendment 1 to Assembly Bill 1160 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of March 8, 1994 .......... Page: 743
Point of order:
Representative Krug rose to the point of order that assembly amendment 31 to assembly substitute amendment 1 to Assembly Bill 1160 was not germane under Assembly Rule 54 (3) (f).
The chair (Speaker pro tempore Carpenter) ruled the point of order well taken.
Assembly Journal of March 2, 1994 .......... Page: 709
Point of order:
Representative Freese rose to the point of order that assembly amendment 4 to Assembly Bill 1162 [relating to expanding the primary health care program statewide; increasing the cigarette tax rate; creating the health security fund;
funding the primary health care program from the health security fund; and making an appropriation] was not germane under Assembly Rule 54 (3) (f).
The chair took the point of order under advisement.
Representative Notestein rose to the point of order that assembly amendment 7 to Assembly Bill 1162 was not germane under Assembly Rule 54 (3) (f).
The chair took the point of order under advisement.
[Note:] A.Amdt-4 attempted to designate $2,999,600 from the health security fund for the community options program under section 46.27 (5) (b) and (11). The bill itself was limited to changes in statute chapters 139 and 146.
A.Amdt-7 (below) attempted to prohibit the use of health security fund monies for abortions.
In both cases, the amendment was not germane as "one individual proposition amending another individual proposition"; A.Rule 54 (3) (a).
261Assembly Journal of March 2, 1994 .......... Page: 710
Ruling of the chair:
The chair (Speaker pro tempore Carpenter) ruled well taken the point of order raised by Representative Freese that assembly amendment 4 to Assembly Bill 1162 was not germane.
The chair (Speaker pro tempore Carpenter) ruled well taken the point of order raised by Representative Notestein that assembly amendment 7 to Assembly Bill 1162 was not germane.
1 9 9 3 S E N A T E
Senate Journal of February 15, 1994 .......... Page: 715
[Point of order:]
Senator Farrow raised the point of order that Senate amendment 1 to Senate Bill 426 [relating to increasing the penalties of a person who operates a motor vehicle while under the influence of an intoxicant when a minor is a passenger in the motor vehicle] was not germane.
[Note:] As introduced, 1993 SB 426 proposed to double the minimum and maximum forfeitures, fines and periods of imprisonment and of operating privilege suspension or revocation if there is a minor passenger in the motor vehicle at the time that a person commits any offense related to operating a motor vehicle while under the influence of an intoxicant (OWI), including improperly refusing to take a test to determine the presence of an intoxicant.
The bill did not propose to change the "0.1% or more by weight" threshold defining OWI.
Sen.Amdt-1 intended to incorporate a different specific purpose by lowering the threshold blood alcohol concentration to "0.08% or more by weight".
The Chair ruled the point well taken.
Senate Journal of October 21, 1993 .......... Page: 499
[Point of order:]
Senator Schultz raised the point of order that Senate amendment 3 to Senate Bill 391 was not germane.
The Chair took the point under advisement.
Senate Journal of October 26, 1993 .......... Page: 517
Ruling of the chair:
On Thursday, October 21, 1993, the Senator from the 17th, Senator Schultz raised the point of order that Senate Amendment 3 to Senate Bill 391 was non-germane. The Chair took the point of order under advisement.
262 Senate Bill 391, as introduced, redefines TIF project costs to include environmental remediation. Also, the bill provides for an increase in the total equalized value a municipality may include in the district and extends the time period to incur costs and the
time in which these costs are to be paid and finally directs the assessor to take into consideration any impairment to the value of property because of environmental pollution.
Senate Amendment 1, which was adopted, deleted the portions of the bill related to increasing the equalized value and extending of the time limits to incur costs and pay them.
Senate Amendment 3 provides for a planning commission to amend the project plan of a district to allow for the utilization of the tax increments generated by a district to be allocated for the purpose of environmental remediation to another district.
If one looks at the language of the bill to determine the purpose of the bill, it is clear that the original purpose was to allow for a redefinition of TIF Project Costs to include environmental remediation and to expand the life of a district and the amount of indebtedness for environmental remediation. Nowhere in the bill does it speak of tax increments or sharing of costs between districts. This clearly would accomplish a different purpose than originally intended.
Furthermore, with the adoption of Senate Amendment 1, the bill now relates solely to redefining "project costs" to include environmental remediation and to allowing the property assessor to take into consideration any impairment to the value of property because of environmental pollution.
Senate Rule 50(1) reads in part: "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".
Also, 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.
Section 402(3) of Mason's Manual of Legislative Procedure reads in part as follows: To be germane, the amendment is required only to relate to the same subject.
Senate Amendment 3 brings forward a new subject, the utilization of "tax increments" and moving them from one district to another.
It is therefore the opinion of the Chair that the point of order raised by the Senator from the 17th, Senator Schultz is well taken and the amendment is non-germane.
Brian D. Rude
President of the Senate
Senate Journal of October 21, 1993 .......... Page: 496
