365 Senator George raised the point of order that the amendment [Senate amendment 2 to Senate Bill 750, relating to waiver of juvenile court jurisdiction, jurisdiction over and
disclosure of the identify of a child who is accused of causing death or great bodily harm by committing certain offenses, jurisdiction over a child who is accused of violating a state criminal law after the juvenile court has waived its jurisdiction over the child for a previous violation, victim attendance at waiver hearings, adult court access to juvenile court records and providing a penalty] was not germane.
[Note:] 1993 WisAct 98 had made extensive changes in the juvenile justice system in relation to gangs and drug crimes. In SB 750 as introduced, eight of the bill's 23 sections already made changes in statutes affected by 1993 WisAct 98.
Sen.Amdt-2 made changes in 2 other statutes affected by 1993 WisAct 98, so as to bring those statutes in agreement with the purposes of SB 750.
The Chair ruled the point not well taken.
Senate Journal of October 26, 1993 .......... Page: 526
[Point of order:]
Senator George raised the point of order that Senate amendment 6 to Senate Bill 200 [relating to general relief benefits, eligibility, procedures and reimbursements] is not germane.
[Note:] The bill placed about 2 dozen specific restrictions on general relief eligibility, based on particular circumstances.
Senate amendment 6 was another such restriction, resulting from the applicant's intentional false or misleading statements or misrepresentation.
The chair's ruling of germaneness was sustained by the senate 18 to 14, and the senate went on to adopt the amendment.
The Chair [President Rude] ruled the point not well taken.
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.
366 [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.
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Assembly Journal of March 26, 1992 .......... Page: 1084
Point of order:
Representative Rutkowski rose to the point of order that assembly amendment 2 to Senate Bill 308 [relating to the alcohol concentration of vehicle operators] was not germane under Assembly Rule 54 (3) (a) and (f).
[Note:] A.Amdt-2 was limited to increasing, from 5 years to 10 years, the period for consideration of prior violations by persons accused of certain motor vehicle violations modified in the engrossed bill received from the senate.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Assembly Journal of March 3, 1992 .......... Page: 901
Point of order:
Representative Seery rose to the point of order that assembly amendment 1 to Assembly Bill 977 [relating to suspension of aid to families with dependent children payments because of certain acts] was not germane under Assembly Rule 54 (3) (f). The chair took the point of order under advisement.
Assembly Journal of March 4, 1992 .......... Page: 914
Ruling of the chair:
The speaker [Speaker Kunicki] ruled well taken the point of order raised by Representative Seery on Tuesday, March 3 that assembly amendment 1 to Assembly Bill 977 was not germane.
367 [Note:] As introduced, 1991 AB 977 provided that only a court could decide to suspend an individual's eligibility for AFDC because the individual misrepresented or withheld certain information.
A.Amdt-1 expanded the scope of the proposal by adding that the decision to suspend could also be based on an administrative hearing.
A.Amdt-2 clarified the intent of the proposal so that, except in case of extreme hardship as determined by the general relief agency, the individual whose AFDC eligibility was suspended by the court would also be ineligible for general relief during the suspension.
A.Sub.Amdt-1 combined the original bill with A.Amdt-2, but also included the administrative hearing proposed by A.Amdt-1.
Assembly Journal of March 3, 1992 .......... Page: 901
Point of order:
Representative Seery rose to the point of order that assembly amendment 2 to Assembly Bill 977 was not germane under Assembly Rule 54 (3) (f). The chair took the point of order under advisement.
Assembly Journal of March 4, 1992 .......... Page: 913
Ruling of the chair:
The speaker ruled not well taken the point of order raised by Representative Seery on Tuesday, March 3 that assembly amendment 2 to Assembly Bill 977 was not germane.
Assembly Journal of March 4, 1992 .......... Page: 914
Point of order:
Representative Barca rose to the point of order that assembly substitute amendment 1 to Assembly Bill 977 was not germane under Assembly Rule 54 (3) (f). The speaker took the point of order under advisement.
Ruling of the chair:
The speaker ruled well taken the point of order raised by Representative Barca that assembly substitute amendment 1 to Assembly Bill 977 was not germane.
Assembly Journal of February 11, 1992 .......... Page: 816
Point of order:
Representative Prosser rose to the point of order that assembly substitute amendment 1 to Assembly Bill 546 [relating to grants and loans from the Wisconsin development fund to small businesses and granting rule-making authority] was not germane under Assembly Rule 54 (3) (f). The chair took the point of order under advisement.
[Note:] The substitute amendment deleted some of the provisions found in the original bill, but added a provision simplifying the requirements for obtaining a small business development loan during the first 6 months of each fiscal year.
Ruling of the chair:
The chair [Rep. Clarenbach, speaker pro tem] ruled not well taken the point of order raised by Representative Prosser that assembly substitute amendment 1 to Assembly Bill 546 was not germane.
368Assembly Journal of January 30, 1992 .......... Page: 761
Point of order:
Representative Barca rose to the point of order that assembly substitute amendment 2 to Assembly Bill 468 [relating to application of pesticides to residential lawns and grounds] was not germane under Assembly Rule 54 (3) (f).
[Note:] As introduced, 1991 AB 468 applied to all residential property and grounds, "including grounds that are shared in common by more than one residence, and any lawn, garden, shrubs, trees or other decorative landscaping on the grounds".
Although the title of A.Sub.Amdt-2 - application of pesticides to "landscapes" instead of "residential lawns and grounds" - implied a substantial expansion of scope, the detailed provisions of the substitute: 1) excluded pesticide applications to trees by injection, forest pest control, public health pest control, regulatory weed control and pest abatement under existing law; and 2) exempted from the definition of "landscape" hotels, hospitals, jails and other residential institutions, as well as property used for agricultural, forest or commercial turf production.
The substitute's expanded coverage, beyond "grounds that are shared in common", to school grounds, parks and other grassy areas open to the public, was more a question of "particularized detail" overlooked in the original bill than an "expansion of scope" violating A.Rule 54 (3) (f).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Assembly Journal of November 5, 1991 .......... Page: 647
Point of order:
Representative Welch rose to the point of order that assembly amendment 3 to assembly substitute amendment 2 [to Assembly Bill 180, relating to requiring consent for an unemancipated minor's abortion, informed consent of a woman to
her own abortion, granting rule-making authority and providing a penalty] was not germane under Assembly Rule 54 (3) (f). The chair took the point of order under advisement.
[Note:] The amendment added, to the existing H&SS outreach program intended to make low-income pregnant women aware of the importance of early prenatal health care and of the availability of medical assistance benefits, a requirement "to provide early identification of pregnancy".
Assembly Journal of November 5, 1991 .......... Page: 648
Ruling of the chair:
The chair [Rep. Clarenbach, speaker pro tem] ruled not well taken the point of order raised by Representative Welch that assembly amendment 3 to assembly substitute amendment 2 to Assembly Bill 180 was not germane.
Assembly Journal of May 16, 1991 .......... Page: 242
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
