Representative Medinger rose to the point of order that assembly substitute amendment 1 to Assembly Bill 286 [relating to contributions to retailers by brewers and wholesalers of fermented malt beverages] was not germane under Assembly Rule 54. The speaker took the point of order under advisement.
[Note:] Existing law prohibited, with some exceptions, brewers and wholesalers from giving things of value to retailers of fermented malt beverages. One of the exceptions was for the nonprofit corporation which, with city participation, conducts Milwaukee's "Summerfest". 1989 AB 286, in the form of a population act for all 2nd class cities with a 1986 population "of at least 49,000 but less than 50,000", proposed to create a new statute granting a similar exemption to the LaCrosse "October Fest".
Assembly substitute amendment 1, instead, proposed to amend the existing statute granting Milwaukee's exception so that it would cover every "nonprofit corporation which is conducting festivals of limited duration if the festivals are sponsored and endorsed in whole or part by a municipal corporation".
Although the substitute might have expanded the scope of the proposal, it did not "totally alter the nature of the proposal" or require a title "substantially different from the proposal's original title" - except for the statute number referenced, the 2 titles were, in fact, identical.
Ruling of the chair [p. 179]:
The speaker [Loftus] ruled not well taken the point of order raised by Representative Medinger on Tuesday, May 23 that assembly substitute amendment 1 to Assembly Bill 286 was not germane.
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Senate Journal of December 21, 1989 .......... Page: 589
[Point of order:]
Senator Davis raised the point of order that senate substitute amendment 2 as introduced and as amended was not germane [to Oct. 1989 Spec. Sess. Senate Bill 13, relating to funding for a 2nd-dose immunization series for measles,
mumps and rubella vaccine and making an appropriation]. [Intervening text omitted.]
Ruling of the chair:
329 Senator Davis raised a point of order that senate substitute amendment 2 as introduced and as amended was nongermane.
The amendments to senate substitute amendment 2 which have been adopted are senate amendments 1 and 2. Senate amendment 1 clarifies current law to insure the immunization program applies to Milwaukee School systems. Senate amendment 2 has changed an effective date.
Senate substitute amendment 2 amends an appropriation as does the original bill. It is true as the Senator Davis indicates the original relating clause did not contain that cite however, in the body of Oct. 1989 Spec. Sess. Senate Bill 13 the same section of the statutes is enumerated. I point this out only to remind the body that the President cannot rely on a title of a bill to determine the subject. Also, I might point out that the analysis of the original bill discusses responsibilities of governing bodies and various schools as they relate to immunization. Mason's Manual Sec. 402(2) states:
To determine whether an amendment is germane, the question to be answered is whether the question is relevant, appropriate, and in a natural and logical sequence to the subject matter of the original proposal.
The Chair is of the opinion that Oct. 1989 Spec. Sess. Senate Bill 13 as originally drafted provides increased funding for the immunization program for school age children. Senate substitute amendment 2 as amended stays within this scope.
Therefore it is the opinion of the Chair the amendment is germane and the Point of Order is not well taken.
Senator Fred A. Risser
President of the Senate
Senate Journal of December 21, 1989 .......... Page: 590
[Point of order:]
Senator Davis raised the point of order that senate substitute amendment 2 [to Oct. 1989 Spec. Sess. Senate Bill 13] was not germane to the call of the special session.
[Note:] Executive order 67, issued 9/29/89 to convene to Oct. 1989 Spec. Sess., was expanded on 12/15/89 (Sen. Jour., p. 578): "To enact legislation to provide funding for vaccinations for measles, mumps, and rubella (MMR)."
The Chair [President Risser] ruled the point not well taken.
Senate Journal of October 12, 1989 .......... Page: 443
[Point of order:]
Senator Van Sistine raised the point of order that senate amendment 1 [to Assembly Bill 78, relating to extending state group health insurance coverage to children of dependent children of eligible employes] is not not germane.
[Note:] The bill extended mandatory group health insurance coverage to include the children of an eligible employe's minor child until the employe's minor child reaches age 18.
The amendment proposed to rescind all grandparent liability under existing law.
330 The Chair [President Risser] ruled the point well taken.
Senate Journal of June 30, 1989 .......... Page: 297
[Point of order:]
Senator Feingold raised the point of order that [senate] substitute amendment 1 [to Senate Joint Resolution 51, relating to memorializing congress to pass a constitutional amendment (flag desecration)] is not germane to the bill.
[Note:] The joint resolution memorialized congress to overrule, by constitutional amendment, the 1989 Texas v. Johnson decision holding flag burning a protected act of political expression.
Sub.Amdt. 1 asked congress "to stand fast in its resolve to protect the constitutional guarantee of freedom of expression", and not to react to the flag burning case.
The Chair took the point of order under advisement. [Ruling not found.]
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Assembly Journal of May 19, 1988 .......... Page: 1116
Point of order:
Representative Hauke rose to the point of order that assembly substitute 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.
[Note:] The bill proposed to give property tax relief through changes in the school property tax credit, the farmland preservation credit and VTAE incentive grants.
A.SubAmdt.1 proposed a completely different approach to property tax relief by state assumption of teachers' salaries funded by eliminating the school property tax credit and increasing the sales tax from 5% to 6%.
A.Rule 54 (1) identifies as not germane a substitute amendment "which would totally alter the nature of the proposal".
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Representative Paulson appealed the decision of the chair. The question was: Shall the decision of the chair stand as the decision of the assembly? The roll was taken. [Display of roll call vote omitted; ayes-61, noes-36] Motion carried.
Assembly Journal of March 15, 1988 .......... Page: 841
Point of order:
331 Representative Clarenbach rose to the point of order that assembly substitute amendment 1 to Assembly Bill 905 [relating to tuition for undergraduates at the
university of Wisconsin system and granting rule-making authority] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope].
[Note:] The bill proposed to create a new statute capping undergraduate tuition at 33% of instructional costs for Wisconsin residents, and at 105% for nonresidents.
A.SubAmdt.1 did not propose either cap. Instead, it would have appropriated one-quarter of the moneys collected by the university for Wisconsin residents in excess of 33% of instructional costs to increase the revenues available for Wisconsin higher education grants under sec. 39.435, stats.
The substitute changed the nature and purpose of the proposal, as prohibited by A.Rule 54 (1).
The speaker [Loftus] ruled the point of order well taken.
Assembly Journal of February 10, 1988 .......... Page: 643
Point of order:
Representative Tesmer rose to the point of order that assembly amendment 3 to Senate Bill 337 [relating to mandatory insurance policy coverage of mental disorders and alcohol and other drug problems, and diabetes] was not germane under Assembly Rule 54. The speaker took the point of order under advisement.
Point of order:
Representative Tesmer rose to the point of order that assembly amendment 4 to Senate Bill 337 was not germane under Assembly Rule 54. The speaker took the point of order under advisement.
332 [Note:] One of the purposes of the bill was to clarify that the provisions governing minimum required coverage of nervous and mental disorders and alcoholism and other drug abuse problems (NMD&ADAP) apply only to group health policies, not to individual policies. Another purpose was to specify that the provisions governing minimum required coverage of NMD&ADAP apply only to group policies providing coverage of a comprehensive range of health care services, not to policies providing coverage of a limited range of services, such as a limited service health organization would provide.
A.Amdt.3 would have undone these 2 purposes of the bill. By including individual health policies, and by requiring NMD&ADAP coverage under policies covering only specified diseases, A.Amdt.3 substantially expanded the scope of the bill in both instances. An amendment "which substantially expands the scope of the proposal" is not germane [A.Rule 54 (3) (f)].
A.Amdt.3 also altered the nature of the proposal by broadening the law to apply to individual as well as to group health policies, and by removing the exclusion of group health policies offering less than a comprehensive range of health care services. An amendment which will "totally alter the nature of the proposal" is not germane [A.Rule 54 (1)].
A.Amdt.4 proposed to continue, for 3 years, mandatory coverage of expenses incurred for the installation and use of an insulin infusion pump or other equipment or supplies (incl. insulin). Under existing law, the mandatory coverage was scheduled to revert to optional coverage on 12/31/88.
Assembly Journal of February 11, 1988 .......... Page: 654
The speaker [Loftus] ruled that assembly amendment 3 to Senate Bill 337 was not germane under Assembly Rule 54 and that the point of order raised by Representative Tesmer on Wednesday, February 10 was well taken.
Assembly Journal of February 25, 1988 .......... Page: 737
The speaker ruled well taken the point of order, raised by Representative Tesmer on Wednesday, February 10, that assembly amendment 4 to Senate Bill 337 was not germane.
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Senate Journal of March 15, 1988 .......... Page: 704
[Point of order:]
Senator Feingold raised the point of order that the amendment [senate substitute amendment 1 to Senate Bill 505, relating to changing the maximum finance charge permitted in certain open-end credit plans that do not use a seller credit card] was not germane.
[Note:] The law provided an annual interest ceiling of 18% for most credit card purchases. SB 505 retained the 18% limit for store credit cards, but proposed to set the interest rate for general credit cards (Visa, Mastercard, etc.) at 7% above the interest rate applicable to 6-month U.S. treasury bills.
S.SubAmdt.1 proposed to deregulate (remove any interest ceiling) all open-ended credit cards.
The Chair [President Risser] ruled the point of order well taken.
Senate Journal of February 11, 1988 .......... Page: 592
[Point of order:]
Senator Czarnezki raised the point of order that senate amendment 1 [to Senate Bill 244, relating to collective bargaining of school class size and the number and length of teacher preparation periods in 1st class city school districts] is not germane.
[Note:] By its relating clause and in its text, SB 244 was restricted to apply only to the city of Milwaukee.
S.Amdt.1 was a floor amendment removing the "first class city" restriction from the text (but not, the relating clause) of the bill.
By removing the first class city restriction, S.Amdt.1 to expanded the bill's scope as to "totally alter the nature" of the proposal in violation of S.Rule 50 (1).
The Chair [President Risser] ruled the point of order well taken.
333Senate Journal of May 28, 1987 .......... Page: 208
[Point of order:]
Senator Lee raised the point of order that senate substitute amendment 2 [to Senate Bill 38, relating to elected officials serving on vocational, technical and adult education district boards] was not germane.
[Note:] A vocational board consists of appointed members and some local elected officials serving ex officio.
The bill, and S.SubAmdt.1, addressed only the vocational board tenure of ex-officio elected officials and the filling of appointed-member vacancies.
S.SubAmdt.2 proposed to have all members elected, thereby changing the nature of the proposal in violation of S.Rule 50 (1).
The chair ruled the point of order well taken.
Senate Journal of May 12, 1987 .......... Page: 173
[Point of order:]
Senator Te Winkle raised the point of order that senate substitute amendment 1 [to Senate Bill 166, relating to establishing a speed limit of 65 miles per hour for rural interstate highways] was not germane.
[Note:] S.SubAmdt.1 contained the entire text of the original bill and, in addition, proposed an energy conservation program to be financed by a part of the anticipated motor fuel tax revenue increased resulting from the speed limit increase.
The substitute amendment was not one "intended to accomplish a different purpose", nor did it "totally alter the nature of the original proposal"; it satisfied S.Rule 50 (1).
S.SubAmdt.1 may also have satisfied S.Rule 50 (9) in that it contained "new material added which does not affect the subject or purpose" of the bill.
The chair [Sen. Helbach] ruled the point of order not well taken.
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Assembly Journal of March 18, 1986 .......... Page: 904
Point of order:
Representative R. Young rose to the point of order that assembly amendment 1 to Assembly Bill 889 [relating to various changes in human services and county laws] was not germane under Assembly Rule 54.
334 [Note:] AB 889 was a 231-page revision bill standardizing the names of 4 agencies in each county dealing with human services reconciling requirements of the 1985 budget (WisAct 29) with existing statute law on conty human services.
A.Amdt.1 attempted to attach to the bill a new procedure to fix county responsibility for the cost of emergency medical care for indigents.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of February 18, 1986 .......... Page: 706
Point of order:
Representative Tesmer rose to the point of order that assembly amendment 8 to assembly substitute amendment 1 to Assembly Bill 212 [relating to small claims actions, worthless checks, retail theft, dates of accounts on checks and providing penalties] was not germane under Assembly Rule 54 (3)(f) [expansion of scope].
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
[Note:] The proposal related to "small claims actions, worthless checks [and] retail theft".
Although A.Amdt.8 added "continuous garnishment of private employes" to the title, it did not expand the scope of the proposal. Rather, the amendment dealt with the particularized detail of assuring compliance with a restitution order. See A.Rule 54 (4)(e).
Representative Holperin rose to the point of order that assembly amendment 8 to assembly substitute amendment 1 to Assembly Bill 212 was not germane under Assembly Rule 54 (3)(a) [unrelated individual proposition].
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
