Point of order:
369 Representative Prosser rose to the point of order that assembly amendment 2 to Senate Bill 76 [relating to services for medical assistance recipients, an essential access city hospital, providing an exemption from rule-making procedures and making an appropriation] was not germane under Assembly Rule 54 (3) (f).
[Note:] SB 76 was enacted (with partial vetoes by Gov. Thompson) as 1991 WisAct 22, "relating to services for medical assistance recipients, an essential access city hospital, providing payment for services in the Plymouth manor nursing home, providing payment for certain neonatal intensive care services, providing supplemental funding for rural hospitals, .... supplementing capital costs of certain intermediate care facilities for the mentally retarded, reimbursement for general relief medical costs, providing funding for services to individuals relocated from Michigan Shores nursing home, .... providing an exemption from rule-making procedures and making appropriations". The act appropriated over $30 million in additional funding to cover a deficit in the state's share of medical assistance.
A.Amdt-2 was limited to directing the department of health and social services to report to the legislature a plan for improving medical services provided to inner city residents. Agreed to by both houses of the legislature, the directive was vetoed by the governor.
The speaker [Speaker Kunicki] ruled the point of order not well taken.
Assembly Journal of April 17, 1991 .......... Page: 171
Point of order:
Representative Hubler rose to the point of order that assembly substitute amendment 2 to Assembly Bill 19 [relating to basic local exchange service offered by large telecommunications utilities] was not germane under Assembly Rule 54 (3) (f). The chair took the point of order under advisement.
[Note:] The original bill, affecting only GTE and Wisconsin Bell, required phone companies with more than 100,000 access lines in use ("large telecommunication utilities") to offer residential customers a flat-rate local exchange telephone service at a cost not exceeding the charge for 200 calls/month at the lowest cost measured rate service option.
A.Sub.Amdt-2 to 1991 AB 19 applied to all telecommunications utilities operating in Wisconsin, substantially expanding the scope of the proposal.
A.Sub.Amdt-3 to 1991 AB 19, although it contained additional regulatory detail, was again limited to large telecommunications utilities and held germane under A.Rule 54 (4) (d) [particularized detail].
Assembly Journal of May 16, 1991 .......... Page: 237
Ruling of the chair:
The speaker [Speaker Kunicki] ruled well taken the point of order raised by Representative Hubler on Wednesday, April 17, that assembly substitute amendment 2 to Assembly Bill 19 was not germane under Assembly Rule 54 (3) (f).
370Assembly Journal of May 16, 1991 .......... Page: 237
Point of order:
Representative Prosser rose to the point of order that assembly substitute amendment 3 to Assembly Bill 19 was not germane under Assembly Rule 54 (3) (f).
The speaker [Speaker Kunicki] ruled the point of order not well taken.
Assembly Journal of March 12, 1991 .......... Page: 110
Point of order:
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.
371 The chair ruled the point of order well taken.
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Senate Journal of June 2, 1992 .......... Page: 1006
[Point of order:]
Senator Van Sistine raised the point of order that Senate amendment 1 [to Assembly Bill 6, April 1992 Spec.Sess., relating to restricting gambling conducted by the state to the forms of gambling that the state is currently conducting, creating a council on charitable gaming, and the forms of gambling that may be conducted by Indians on tribal lands] was not germane.
[Note:] The purpose of the bill was limited to defining the types of gambling permitted in this state as part of the "state lottery" and to enumerate the types of gambling that remained prohibited.
S.Amdt-1, which was adopted (rejection had failed 13 to 20) and enacted as part of 1991 WisAct 321, restricts the legislature's law-making power by prohibiting the consideration by either house of any bill to legalize one of the prohibited forms of gambling unless: 1) the legislature first enacts a bill for a statewide advisory referendum on that form of gambling; and 2) the people, by voting on the question, authorize legislative consideration of legalizing that form of gambling.
For a contrary ruling, see Ably.Jour. of 5/5/92 at p. 1175.
The Chair [President Risser] ruled the point not well taken.
Senate Journal of March 24, 1992 .......... Page: 782
[Point of order:]
Senator Adelman raised the point of order that Senate amendment 2 [to Assembly Bill 567, relating to pupils' right to freedom of expression in public schools] was not germane.
[Note:] The bill provided that, subject to limitations enumerated in the proposal, students in public schools have the right to exercise freedom of expression in official school publications.
S.Amdt-2 clarified that the guarantee of a freedom of expression in official school publications did not require a school board to publish an official school publication nor, if the school has an official publication, to publish or distribute in the official publication any advertisement, promotional material or article produced by a person who is not a pupil enrolled in that school district.
The Chair [President Risser] ruled the point not well taken.
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Assembly Journal of March 13, 1990 .......... Page: 858
Point of order:
372 Representative Bock rose to the point of order that assembly amendment 1 to assembly substitute amendment 2 to Assembly Bill 699 [relating to pupils' right to freedom of expression in public schools] was not germane under Assembly Rule 54 (3). The speaker took the point of order under advisement.
[Note:] A.Amdt-1 to A.Sub-2 was a floor amendment which added, to the bill's proposed pupil right of free expression in public school publications: "The right of expression includes religious expression".
The presiding officer is limited to ruling on germaneness. Whether or not a proposition is unconstitutional is ultimately a question for the courts. In this case, after the amendment was ruled germane the assembly refused 29 to 64 to table the amendment, adopted the amendment and adopted the substitute on voice votes, advanced to 3rd reading by unanimous consent, and passed the bill to the senate 87 to 10 where it died in committee without further action.
Ruling of the chair:
The speaker [Loftus] ruled not well taken the point of order raised by Representative Bock that assembly amendment 1 to assembly substitute amendment 2 to Assembly Bill 699 was not germane.
Assembly Journal of December 21, 1989 .......... Page: 569
Point of order:
Representative Prosser rose to the point of order that Senate Bill 13, Oct. 1989 Spec. Sess., as amended by the senate, [relating to funding for a 2nd-dose immunization series for measles, mumps and rubella vaccine and making an appropriation] was not germane to the call of the Oct. 1989 Spec. Sess. under Assembly Rule 93.
[Note:] The governor's original call convening the October 1989 special session, dated 9/29/89, mentioned only problems related to drug abuse and illegal drugs. A bill on measles immunization would have been outside the scope of that call.
On December 15, Gov. Tommy Thompson issued a supplementary call (S.Jour., p. 578) adding 2 more items to the special session agenda. The first of these items was: "To enact legislation to provide funding for vaccinations for measles, mumps and rubella".
As introduced, Oc9-SB 13 merely increased an existing appropriation by $2,000,000. As reported by the joint finance committee (S.Sub-2) and amended and passed by the senate, Oc9-SB 13 still included that appropriation and, in addition, contained provisions on the implementation of the vaccination program,
possible federal funding, and a report on available health insurance coverage for required immunizations.
In setting the agenda for a special session, the governor can only outline the issues. The specific detail of dealing with each issue is the prerogative of the legislature.
The speaker [Loftus] ruled the point of order not well taken.
373Assembly Journal of November 7, 1989 .......... Page: 460
Point of order:
Representative Prosser rose to the point of order that assembly substitute amendment 1 to Assembly Joint Resolution 81 [relating to reducing, by income tax credits or by payments from state revenues, property taxes on residential property as defined by law (first consideration)] was not germane under Assembly Rule 54 (3). The speaker took the point of order under advisement.
[Note:] When originally introduced, the uniformity clause exception proposed by 1989 AJR 81 read as follows:
The legislature may reduce property taxes imposed upon residential property, as defined by law, by authorizing credits against income taxes imposed by this state or payments from state revenues.
From the discussions concerning 1989 AJR 81, it seems likely that "residential property, as defined by law", was intended to include the primary residence of every resident of this state. But, some people felt that residential property might be understood to mean housing only in residential areas, and Rep. Wineke's Assembly Substitute Amendment 1 expanded the phrase to read "residential and agricultural real property, as defined by law" so as to express that residential property, as defined by law, will qualify for property tax relief both in municipalities and on farms.
Ruling of the chair:
The speaker [Loftus] ruled not well taken the point of order raised by Representative Prosser that assembly substitute amendment 1 to Assembly Joint Resolution 81 was not germane under Assembly Rule 54 (3).
Assembly Journal of November 2, 1989 .......... Page: 438
Point of order:
Representative Rutkowski rose to the point of order that assembly amendment 1 to Assembly Bill 242 [relating to operating a motor vehicle while under the influence of an intoxicant, drugs or both and providing penalties] was not germane under Assembly Rule 54 (3).
374 [Note (apparently, this research was not available to the presiding officer at the time, and he ruled the amendment not germane):]
As introduced, 1989 AB242 created general minimum penalties for OWI repeat offenses within a 5-year period. Under existing law, if the current offense was the 3rd or subsequent offense within a 5-year period, the person was to be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail. The bill increased the mandatory minimum jail sentence for certain repeat OWI offenders: if the current offense was the 4th offense in the 5-year period, the mandatory minimum jail sentence would be 60 days, and if the current offense was the 5th or subsequent offense in the 5-year period, the mandatory minimum jail sentence would be 6 months.
A.Amdt-1 retained the bill's 4th offense and 5th offense mandatory minimum jail sentences for simple OWI convictions. In addition, for the 3 most serious OWI offenses - causing the death of, great bodily harm to, or injury to another person - the amendment imposed stiffer penalties and longer periods of motor vehicle operating privilege revocation as follows:
OWI causing death. Under existing law, a person who caused death in an OWI offense could be fined not more than $10,000 or imprisoned for not more than 5 years or both and the person's operating privilege was revoked for 5 years. Under A.Amdt-1, if the person had a prior OWI or related violation within a 5-year period, the maximum period of imprisonment was increased to 10 years and the revocation period became not less than 5 years nor more than 10 years.
OWI causing great bodily harm. Under existing law, a person who caused great bodily harm in an OWI offense could be fined not more than $10,000 or imprisoned for not more than 2 years or both and the person's operating privilege was revoked for 2 years. Under A.Amdt-1, if the person had a prior OWI or related violation within a 5-year period, the maximum period of imprisonment was increased to 5 years and the revocation period became not less than 5 years nor more than 10 years.
OWI causing injury. Under existing law, a person who caused injury in an OWI offense was to be fined not less than $300 nor more than $2,000 and could be imprisoned not less than 30 days nor more than one year in the county jail; also, the person's operating privilege was to be revoked for not less than one year nor more than 2 years. Under A.Amdt-1, if the person had a prior OWI or related violation within a 5-year period, the maximum fine was increased to $10,000, the maximum period of imprisonment was increased to 2 years and the revocation period became not less than 2 years nor more than 10 years.
Germaneness of amendment The general rule of germaneness is stated in Assembly Rule 54 (1). An amendment is not germane if it "relates to a different subject or is intended to accomplish a different purpose than that of the proposal to which it relates".
1989 AB242 dealt with a general proposition: penalties for OWI convictions; i.e. resulting from operating a motor vehicle while under the influence of an intoxicant or drugs, or both. It imposed higher fines and
longer imprisonment for any person now convicted of simple OWI (without killing, maiming or injuring another person) if that person, in the past 5 years, was convicted also of any other OWI offenses including simple OWI or the 3 most serious OWI offenses.
A.Amdt-1 dealt with the same subject as 1989 AB242: operating a motor vehicle while under the influence of an intoxicant or drug. The amendment had the same purpose as the bill: to impose harsher penalties for OWI repeat offenses.
In relation to 1989 AB242, A.Amdt-1 was a specific proposition amending a general proposition. It retained the bill's changes concerning simple OWI and, in addition, imposed longer imprisonment and longer revocation of motor vehicle operating privileges on the person now convicted of one of the 3 most serious OWI offenses (killing, maiming or injuring another person) if that person, in the past 5 years, was convicted also of other OWI offenses including simple OWI or the 3 serious OWI offenses.
A specific proposition amending a general proposition is germane; see Assembly Rule 54 (4) (a).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of June 13, 1989 .......... Page: 220
Point of order:
Representative Goetsch rose to the point of order that assembly amendment 1 to Assembly Bill 27 [relating to jail and detention facility assessments] was not germane under Assembly Rule 54.
[Note:] Existing law imposed a 1% surcharge on any fine or forfeiture imposed for state law or local ordinance violations, to be used by the county to construct, remodel, repair or improve county jails. Without changing the amount of the surcharge, the bill authorized the counties' use of revenues from this source also to construct, remodel, repair or improve juvenile "secure detention facilities".
A.Amdt-1 could be considered a "specific provision amending a general provision", allowed under A.Rule 54 (4) (a). The amendment permitted such funds to be used also for any other programs designed "to relieve jail crowding" or designed "to divert children from being held in" jails or secure detention facilities.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not 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:
376 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.
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Senate Journal of March 15, 1990 .......... Page: 853
[Point of order:]
Senator Jauch raised the point of order the amendment [senate amendment 1 to senate substitute amendment 1 to Assembly Bill 609, relating to referenda on the issuance of bonds by school districts] is not germane.
[Note:] The substitute amendment dealt with situations, such as the removal of a hazardous substance or to comply with an order to abate fire hazards, in which school bonding need not be submitted in a referendum.
The amendment proposed to give a similar referendum exception to bonds exceeding $1,000,000 for school construction, remodeling or repair when the contract will be awarded to the lowest responsible bidder.
Apparently there was no general requirement that all school construction contracts be awarded to the lowest responsible bidder.
The Chair [President Risser] ruled the point not well taken.
Senate Journal of March 16, 1989 .......... Page: 144
[Point of order:]
Senator Adelman raised the point of order that senate amendment 4 [to Senate Bill 27, relating to reimbursement of attorneys and investigators for providing services under the state public defender program and making an appropriation] was not germane to the bill.
The Chair ruled the point of order not well taken.
Senator Davis, with unanimous consent, asked that the point of order be spread upon the journal.
Senate Journal of April 12, 1989 .......... Page: 170
Ruling of the chair:
On Thursday, March 16, the Senator from the 28th, Senator Adelman, raised the point of order that senate amendment 4 to Senate Bill 27 was not germane.
The Chair ruled the point of order not well taken.
The Senator from the 11th, Senator Davis, with unanimous consent, asked that the Chair's ruling be spread upon the journal.
