[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:
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
566Senate 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.
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Assembly Journal of July 15, 1986 .......... Page: 1145
Point of order:
Representative Loftus rose to the point of order that assembly amendment 1 to Assembly Bill 1, July 1986 Spec. Sess., [relating to making program trainee compensation an eligible cost of a labor training program and making an appropriation] was not germane under Assembly Rule 93 (1) [scope of session call exceeded].
[Note:] A.Amdt.1 provided for state pickup of payments to the unemployment compensation reserve fund of the amount necessary to pay unemployment compensation to any employe retrained under the state-subsidized labor training program and then discharged within 4 years.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of May 22, 1986 .......... Page: 1116
Point of order:
Representative Welch rose to the point of order that Assembly Bill 13, May 1986 Special Session, [relating to operating a motor vehicle while under the influence of an intoxicant, drugs or both, administrative and court-ordered revocation of operating privileges and chemical tests for intoxication, making an appropriation and granting rule-making authority] as amended, was not germane under Assembly Rule 93 (1) [scope of session call exceeded].
[Note:] Item 13 of Gov. Earl's proclamation of 5/19/86 read: "Making certain changes relating to revocation of operating privileges and operation of vehicles, including motorboats, while intoxicated.".
A supplementary call, dated 5/20/86, expanded the item to include "revocation and suspension" and "privileges and issuance of occupational licenses".
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Assembly Journal of May 22, 1986 .......... Page: 1102
Point of order:
567 Representative Mark Lewis rose to the point of order that assembly amendment 4 to Assembly Bill 3, May 1986 Spec. Sess., [relating to export loans, economic development loans and investments, authorization for increasing the total principal amount of agricultural production loans, disclosure of investment, grant or loan information, requesting an audit and making an appropriation] was not germane under Assembly Rule 54 (3)(f) [expansion of scope] and Assembly Rule
93 (1) [scope of session call exceeded]. The speaker took the point of order under advisement. [Intervening text omitted.]
[Note:] A.Amdt.4 provided county reimbursement of municipalities for the costs of selling tax delinquent lands.
A.Amdt.6 (below) created a new program of guaranteed small business loans.
Representative Mark Lewis rose to the point of order that assembly amendment 6 to Assembly Bill 3, May 1986 Spec. Sess., was not germane under Assembly Rule 54 (3)(f) and Assembly Rule 93.
The speaker [Loftus] ruled the point of order well taken.
The speaker ruled the point of order on assembly amendment 4 well taken.
Assembly Journal of March 25, 1986 .......... Page: 1014
Point of order:
Representative T. Thompson rose to the point of order that that Assembly Bill 1, March 1986 Spec. Sess. [relating to: Wisconsin housing and economic development authority agricultural production loan guarantees and interest reductions; creating a farm mediation and arbitration program for resolution of disputes with creditors, creating a farm mediation and arbitration board; the homestead exemption from executions, liens and liability for debts; the proceeds from the sale of real property the taxes on which are delinquent; the income and franchise tax effects of the food security act; authorizing county land conservation committees to develop tree planting programs; authorizing the departments of natural resources and agriculture, trade and consumer protection to grant exemptions from certain laws; training and employment services for dislocated workers, including farmers; increasing an appropriation to the department of agriculture, trade and consumer protection to provide funds for the volunteer farm credit advisor program; property tax assessment and equalized valuation of agricultural land; specialty crops hearing; a motor fuel tax exemption; interest payments that may be included in calculating an income tax credit; student loans; and providing for a study, making an appropriation and granting rule-making authority], was not properly before the assembly under Assembly Rule 93 (1) [scope of session call exceeded].
568 [Note:] Governor Earl had enumerated 14 issues in his original proclamation to convene the March 1986 Special Session. The first supplementary proclamation removed one issue; another supplementary proclamation added a new issue.
In many cases, there has been a separate special session bill for each issue shown in the governor's proclamation. That is not required. In the March 1986 Special Session, only one bill was introduced. This omnibus farm problem bill addressed all the issues enumerated by the governor.
Each of the amendments challenged below attempted to deal with an issue not enumerated in the proclamation as amended: A.Amdt.9 created incentives for production of alcohol as a motor vehicle fuel; A.Amdt.11 permitted property tax assessments to deviate by 15% from full market value; A.Amdt.12 established a program of animal health and disease research; A.Amdt.13 attempted to change land assessment from full value to current use; A.Amdt.14 permitted the department of agriculture to issue permits for the destruction of deer or bear causing crop damage; A.Amdt.15 proposed to assess agricultural land at 75% of full value; A.Amdt.16 required an "IMPORTED" label (in 1-inch type) for all food not produced in the United States; A.Amdt.22 permitted debt-ridden farmers to exclude some capital gains from the minimum tax; and A.Amdt.27 proposed to classify highway rights-of-way as wasteland for asessment purposes.
On the other hand, A.Amdt.21 was held to be within the governor's call. The amendment dealt with suspension of court action to allow for voluntary mediation or arbitration of a creditor's action against a farmer and was covered by item 3 of the original proclamation.
The speaker [Loftus] ruled the point of order not well taken.
Assembly Journal of March 25, 1986 .......... Page: 1015
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 9 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The speaker ruled the point of order well taken.
Assembly Journal of March 25, 1986 .......... Page: 1016
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 11 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The speaker ruled the point of order well taken.
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 12 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The speaker ruled the point of order well taken.
Assembly Journal of March 25, 1986 .......... Page: 1017
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 13 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The speaker ruled the point of order well taken.
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 14 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The speaker ruled the point of order well taken.
Point of order:
569 Representative Hephner rose to the point of order that assembly amendment 15 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The speaker ruled the point of order well taken.
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 16 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The speaker ruled the point of order well taken.
Assembly Journal of March 25, 1986 .......... Page: 1018
Point of order:
Representative Porter rose to the point of order that assembly amendment 21 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 22 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of March 25, 1986 .......... Page: 1019-20
Point of order:
Representative Swoboda rose to the point of order that assembly amendment 27 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call.
The chair [Rep. Clarenbach, speaker pro tem] took the point of order under advisement. [Intervening text omitted.]
The chair ruled that assembly amendment 27 to Assembly Bill 1, March 1986 Spec. Sess., was not germane to the special session call and the point of order well taken.
Assembly Journal of October 18, 1985 .......... Page: 518
Point of order:
Representative Neubauer rose to the point of order that assembly substitute amendment 1 to Senate Bill 8, September 1985 Spec. Sess. [relating to making an appropriation for funding for Forward Wisconsin, inc], was not germane under Assembly Rule 54.
[Note:] The bill, conforming to item 7 of the special session call (A.Jour. 9/26/85, p. 356), was limited to increasing the state contribution to Forward Wisconsin, inc.
A.Sub.1 proposed to reorganize the state's department of development to obtain, by reduced DOD operations, funds to be allocated to Forward Wisconsin.
The speaker [Loftus] ruled the point of order well taken.
Assembly Journal of October 9, 1985 .......... Page: 408
Point of order:
570 Representative Hephner rose to the point of order that assembly amendment 2 to Assembly Bill 2, September 1985 Spec. Sess., [relating to determination of the value and equalized value of agricultural land, information required to be included on the real estate transfer form, requiring the department of revenue to promulgate rules and making appropriations] was not germane under Assembly Rule 54 and Assembly Rule 93 (1). The speaker took the point of order under advisement.
[Note:] The amendment directed the legislative council to study property tax assessment in general; not, just the issues pertaining to the valuation of agricultural land.
A.Rule 93 (1) permits consideration, in special session, of proposals and amendments pertaining "to the organization of the legislature". That sentence should be read to continue "in special session". A study assigned to the legislative council is not a matter pertaining to the organization of the legislature in that special session.
The speaker [Loftus] ruled the point of order well taken and the amendment not germane under Assembly Rule 93 (1) [scope of session call exceeded] because it did not deal only with agricultural land.
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Senate Journal of July 15, 1986 .......... Page: 952
[Point of order:]
Senator Cullen raised the point of order that senate amendment 1 [to Senate Bill 2, July 1986 Spec. Sess., relating to making an addition to and improvement upon the state trunk highway system connecting I-90 and USH-51 over Avalon road in Rock county, including construction of an interchange, and making an appropriation] was not germane.
