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.
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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
[Point of order:]
Senator Plewa raised the point of order that Senate amendment 3 to Senate substitute amendment 1 to Senate Bill 141 [relating to gangs, crimes, weapons, waiver of juvenile court jurisdiction, a disposition for a child who has committed a gang-related delinquent act, access by law enforcement agencies, school principals and school boards to court records relating to children who commit gang-related delinquent acts and making appropriations] is not germane.
263 [Note:] Senate substitute amendment 1 to Senate Bill 141, in an effort to combat gang violence, already contained "sanctions for a child who has had contact with a gang member in violation of a juvenile court order", and doubled, for crimes committed by juveniles "at the request of or for the benefit of a criminal gang" all applicable fines.
Senate amendment 3 to senate substitute amendment 1 added to the proposal "establishing a juvenile boot camp program for delinquent children". Apparently this was considered "an amendment adding new statutory material on the same subject and with the same purpose"; considered germane under S. Rule 50 (5). Immediately after the ruling, the amendment was tabled by the senate.
Senate amendment 7 to senate substitute amendment 1 generally outlawed "armor piercing ammunition" without any special reference to crimes committed by juveniles. This was an amendment relating to a "different specific subject" from the bill and substitute amendment, and was not germane under S.Rule 50 (7).
The Chair [Senator Lasee] ruled the point not well taken.
Senate Journal of October 21, 1993 .......... Page: 497
[Point of order:]
Senator Lasee raised the point of order that Senate amendment 7 to Senate substitute amendment 1 to Senate Bill 141 was not germane.
The Chair [President Rude] ruled the point well taken.
Senate Journal of October 12, 1993 .......... Page: 466
[Point of order:]
Senator Adelman raised the point of order that Senate amendment 3 [to Senate Bill 86, relating to access to public records and granting rule-making authority] is not germane.
[Note:] Senate Bill 86 made several changes in Wisconsin's "public records" law. A standard $100 damages for unjustified denial of access was replaced by damages in the amount set by the court; a 90-day time limit was imposed for commencing an action to obtain a record after access has been denied; and the bill generally restricted prisoners' access to records pertaining to prison security and administration.
Senate amendment 3, authorizing the clerk of court with the approval of the county board to reproduce and sell complete sets of of the daily filings of documents in the clerk's office, expanded the scope of the proposal by introducing an unrelated proposition.
The Chair [President Rude] ruled the point well taken.
Senate Journal of July 7, 1993 .......... Page: 334
[Point of order:]
264 Senator Petak raised the point of order that Senate amendment 2 [to Senate Resolution 7, "relating to the conduct of legislative campaign committees in the senate"] is not germane.
[Note:] As introduced, 1993 Senate Resolution 7 dealt solely with prohibiting the solicitation of funds, by legislative campaign committees in the senate, from lobbyists or from political action committees that are controlled by an organization that employs or retains a lobbyist, at any time except during the June 1 to November period in even-numbered years.
Senate amendment 2 introduced a separate new subject, prohibiting every senate candidate from making campaign disbursements exceeding the levels authorized by statute for senate candidates accepting public campaign funding.
Senate amendment 4 attempted to prohibit the solicitation or acceptance of any campaign contribution exceeding $500 by any legislative or personal campaign committee for senate office.
The Chair [Senator Lasee] ruled the point well taken.
Senator Ellis raised that point of order that Senate amendment 4 to Senate Resolution 7 was not germane.
The Chair ruled the point well taken.
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Assembly Journal of May 20, 1992 .......... Page: 1227
Point of order:
Representative Notestein rose to the point of order that assembly amendment 2 to Senate Bill 4, October 1991 Spec.Sess., [relating to the issuance of promissory notes by 1st class city school districts] was not germane under Assembly Rule 54 (3) (f).
[Note:] The bill was limited to authorizing a $35 million bond issue by the Milwaukee common council to provide additional classroom space for anticipated enrollment increases in the Milwaukee school district.
A.Amdt-2 authorized the superintendent of Milwaukee schools to appoint a business manager.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of March 25, 1992 .......... Page: 1060
Point of order:
Representative Wood rose to the point of order that assembly amendment 1 to Assembly Bill 949 [relating to license and reinspection fees for retail food establishments and food warehouses] was not germane under Assembly Rule 54 (3) (f).
[Note:] The bill was limited to changing the annual license fees imposed on retail food establishments and food warehouses handling food that is not potentially dangerous by lowering the fee on small retailers and warehouses and increasing the fees for large establishments.
A.Amdt-1 proposed to exempt popcorn-popping establishments from retail food licensing requirements.
265 The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of February 13, 1992 .......... Page: 828
Point of order:
Representative Hauke rose to the point of order that assembly amendment 1 to Assembly Bill 591 [relating to immunity for physicians who provide medical care to athletic participants] was not germane under Assembly Rule 54 (3) (f). The chair took the point of order under advisement.
[Note:] The bill provided "good Samaritan" protection to physicians who, without compensation, provide medical care to participants at nonprofit athletic events including those sponsored by schools.
A.Amdt-1 attempted to expand the scope of the proposal by adding "good Samaritan" civil liability protection for ski patrol members.
Assembly Journal of February 13, 1992 .......... Page: 831
Ruling of the chair:
The chair [Rep. Clarenbach, speaker pro tem] ruled well taken the point of order raised by Representative Hauke that assembly amendment 1 to Assembly Bill 591 was not germane.
Assembly Journal of July 3, 1991 .......... Page: 380
Point of order:
Representative Welch rose to the point of order that assembly amendment 13 to Assembly Bill 485 [relating to providing that the Wisconsin housing and economic development authority may issue bonds and notes for loans to finance construction, renovation and development of property to be used primarily as a sports and entertainment home stadium; providing a property tax exemption and sales tax exemptions related to certain stadiums; the administrative costs of the county sales tax; and an income and franchise tax exemption] was not germane
under Assembly Rule 54 (3) (a) [one individual proposition amending a different individual proposition].
[Note:] 1991 AB 485 allowed WHEDA financing of a loan not exceeding $35 million for the purpose of building a new home stadium for the Milwaukee Brewers baseball team.
A.Amdt-13 proposed to increase WHEDA bonding authority by $14 million for the purpose of constructing a parking facility adjacent to the existing Wilson street state office building, to be used jointly by the state and by the city of Madison in conjunction with the Monona Terrace project.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of March 12, 1991 .......... Page: 110
Point of order:
266 Representative Krug rose to the point of order that assembly amendment 1 to assembly substitute amendment 1 to Assembly Bill 5, January 1991 Spec.Sess., [relating to dangerous weapons and providing penalties] was not germane under Assembly Rule 54.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
[Note:] The original bill eliminated the court's discretion to substitute probation for the statutory minimum sentences for crimes committed while using or threatening the use of a dangerous weapon, resulting in mandatory minimum imprisonment, and provided for a minimum imprisonment on conviction for misdemeanors involving a dangerous weapon.
A.Sub.Amdt-1 accomplished the same purpose as the proposal by making more specific the conditions for mandatory imprisonment, and by limiting to certain specified conditions the court's discretion to substitute probation.
A.Amdt-1 to A.Sub.Amdt-1 attempted to expand the proposal by applying mandatory minimum sentences not only to offenses involving dangerous weapons, but also to crimes and misdemeanors committed with the help of a motor vehicle operated after revocation or suspension of the defendant's drivers license. An amendment that substantially expands the scope of the proposal is not germane; A.Rule 54 (3) (f).
A.Sub.Amdt-4 further refined the conditions for mandatory imprisonment and continued the limited court discretion for substituting probation.
A.Amdt-2 to A.Sub.Amdt-4, requiring notification of all victims in case probation was substituted, attempted to address a different individual proposition; A.Rule 54 (3) (a).
A.Amdt-3 to A.Sub.Amdt-4, a hand-written floor amendment requiring the court to publish its reasons in each case of substituting probation for mandatory minimum incarceration "in the county newspaper of record", might have been considered frivolous and inadmissible under A.Rule 54 (2).
Point of order:
Representative Travis rose to the point of order that assembly amendment 2 to assembly substitute amendment 4 to Assembly Bill 5, January 1991 Spec.Sess., was not germane under Assembly Rule 54.
The chair ruled the point of order well taken.
Point of order:
Representative Travis rose to the point of order that assembly amendment 3 to assembly substitute amendment 4 to Assembly Bill 5, January 1991 Spec.Sess., was not germane under Assembly Rule 54.
The chair ruled the point of order well taken.
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Senate Journal of April 16, 1991 .......... Page: 190
[Point of order:]
267 Senator Jauch raised the point of order that Senate amendment 1 [to Assembly Bill 18, relating to allowing certain trailers to be drawn by a truck tractor without a permit] is not germane.
