The chair [Lt.Gov. Schreiber] ruled the point of order well taken.
Multi-issue bills: problems of germaneness
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Assembly Journal of April 17, 1991 .......... Page: 175
Point of order:
444 Representative Welch rose to the point of order that assembly substitute amendment 1 to Assembly Bill 218 [relating to juvenile restitution and community service work projects, the early intervention program for high-risk youths, alcohol or other drug abuse treatment for youth diversion program participants, the intensive aftercare pilot program, alcohol and other drug abuse services as a treatment alternative to imprisonment, a multidisciplinary prevention and treatment team in Milwaukee county, the ARC community services center for women and children in Dane county, capacity building to establish alcohol and other drug abuse treatment and services for pregnant women and mothers and support services for certain dependent children and making appropriations] was not germane under Assembly Rule 54 (3) (f).
[Note:] Original 1991 AB 218 already enumerated 8 separable but related purposes. The substitute amendment, by addressing 3 other related purposes not enumerated in the title of the bill, did not "substantially" expand the scope of the proposal.
The speaker [Speaker Kunicki] ruled the point of order not well taken.
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Assembly Journal of March 21, 1990 .......... Page: 982
Point of order:
Representative Loftus rose to the point of order that assembly amendment 7 to Senate Bill 542 [relating to funding agricultural research and development; designation of additional development zones; the American Indian economic liaison program; a loan to a manufacturing firm; tourism promotion; providing technical assistance and grants to municipalities and tribal governing bodies; establishing a business improvement loan guarantee program; exemptions from registration of certain securities; allocating a portion of the funds for the Wisconsin job opportunity business subsidy program to a federally recognized American Indian tribe or band; a loan to a bank holding company; motor vehicle dealer license fees and examination costs and costs for community currency exchange, collection agency and insurance premium finance company investigations or examinations conducted by the commissioner of banking; correctional services and youth aids; juvenile corrections; assistance for district attorneys in criminal investigations and prosecutions; increasing the number of circuit court branches; legal services related to the Chippewa treaties; the academic excellence higher education scholarships program; a bonus compensation plan for certain employes of the educational communications board; the instructional television fixed service system; the distribution schedule for state aid to school districts; increasing the debt service cost ceiling for state aid to
445 school districts; state aid to school districts for merged attendance area programs; minimum aid, special adjustment aid, children-at-risk program aid and supplemental aid to school districts and aid to county handicapped children's education boards; requiring the state to pay for certain pupils who reside in a 1st class city to attend a nonsectarian private school; training teachers and developing curricula for primary and secondary education in geography; increasing aid for American Indian language and culture education programs in alternative schools; grants for home school coordinators; eligible job applicants and qualified employers for the Wisconsin job opportunity program; funding grants and allocations for provision of public health services and simplifying
certain applications; medical assistance reimbursement for hospital indirect education costs; establishing a program for reduction of operating deficits of governmentally owned hospitals; establishing a statewide program of community-based clinical trials management of HIV infected persons; establishing a breast cancer screening program; training and competency requirements for nurse's assistants and home health aides; community options program requirements as to noninstitutional community alternatives; establishing a program to provide care and treatment or services for severely emotionally disturbed children; the funding and provision of social, mental health, developmental disability and alcohol and other drug abuse services; county services related to child abuse and neglect; provision of certain dental services; nurse practitioner services in the medical assistance program; medical assistance benefits; medical assistance eligibility for certain beneficiaries of long-term care insurance policies; medical assistance coverage of certain women and children; eligibility of institutionalized individuals for certain medical assistance benefits; medical assistance reports; medical assistance coverage of medicare premiums for certain disabled individuals; providing information concerning the food stamp program, reporting under the food stamp program and applications for public assistance; the computer reporting network for income maintenance programs; premium subsidies for certain persons with acquired immunodeficiency syndrome; mandatory health insurance coverage of adopted children and reimbursement of insurers for coverage of certain preexisting conditions; calculating shared revenue payments for municipalities located in more than one county and increasing the total amount of shared revenue to be distributed in 1991 and thereafter; increasing payments for municipal services; conservation work projects for American Indian youth who are members of Wisconsin Chippewa tribes or bands; the authority of wardens of the department of natural resources to arrest persons for violations of tribal conservation codes; the spearfishing law enforcement aid program and state agency costs for spearfishing; a lake level control program; the period within which winnings on a race on which pari-mutuel wagering is conducted must be claimed and within which pari-mutuel taxes and certain other payments must be paid; a lottery fund minimum balance and declaring the legislature's intent regarding the use of lottery proceeds; information and assistance to American Indians; creating a relay service board, providing telecommunications relay service to speech-impaired and hearing-impaired persons and creating a credit against telecommunication license fees; adopting the internal revenue code for state tax purposes; increasing the homestead credit maximum income and maximum eligible property taxes; creating a one-time lottery property tax credit; creating a new category in the standard income tax deduction for heads of households; allowing pipeline companies and conservation and regulation companies to pay their utility taxes in instalments; the use of state or federal funds for certain highway projects; operating a motor vehicle after revocation or suspension of a person's operating privilege; authorized positions, salary regrades, modernization of office systems and reimbursement of private attorneys and annual trial caseload standards under the state public defender program; granting rule-making authority; and making appropriations] was not germane under Assembly Rule 54 (3).
446 [Note:] SB 542, the 1990 "agency adjustment bill" (mini budget) of the 1989 legislature, in its relating clause listed 68 different subjects. "Eliminating preference points and providing for expanded certification and other preferences for certain veterans in state hiring", the subject of A.Amdt-7, was not one of those 68 subjects and nothing in the content of the bill related to civil service hiring preferences for veterans.
Consequently, A.Amdt-7 expanded the scope of the multi-issue proposal, and was not germane.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of November 10, 1989 .......... Page: 525
Point of order:
Representative Travis rose to the point of order that assembly amendment 15 to assembly substitute amendment 1 to Assembly Bill 12, Oct. 1989 Spec. Sess. [relating to grants to school districts; grants to vocational, technical and adult education districts; grants for before-school, after-school and summer school programs and services; head start programs and head start day care programs; grants to limit violence and abuse of controlled substances in neighborhoods; community-based efforts to prevent drug and alcohol abuse; distribution of information with marriage licenses; foster grandparent program; grants for certain community-wide activities to combat alcohol and other drug abuse; drug abuse prevention and education program grants for American Indians; youth aids allocations; children-in-crisis program; treatment programs and other services to certain families and training of health care professionals and other social service workers; the treatment alternative program; domestic abuse shelter programs; day treatment for Hispanic persons and establishing a Spanish language center for day treatment; providing funds to counties for alcohol and other drug abuse treatment programs; imposing a tax on controlled substances and allocating the revenue; declaring a building or structure used in illegal drug manufacture or delivery a nuisance and subject to abatement and sale; expanding the Kettle Moraine correctional institution, granting bonding authority and revising the 1989-91 state building program; establishing a challenge incarceration program; toll-free hotlines and reward programs; establishing a state crime laboratory in Wausau; establishing a home detention program; probationers and parolees; treatment programs for prisoners; payments to counties for persons held pending disposition of probation or parole revocation; community corrections treatment programs; services for women probationers and parolees; juvenile correctional institutions and youth aids; an early intervention program for high-risk youths; an intensive aftercare pilot program; drug law enforcement; grants to local law enforcement agencies; grants to cities and counties for payment of law enforcement costs; funding drug identification and interdiction; circuit court branches; granting rule-making authority; providing penalties; and making appropriations] was not germane under Assembly Rule 54 (3).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
447 [Note:] AB 12, Oct. 1989 Spec.Sess., in its relating clause listed 37 different subjects. "Community equity funding", the subject of A.Amdt-15 was not among them. Consequently, A.Amdt-15 expanded the scope of the multi-issue proposal, and was not germane.
A.Sub.Amdt-1 to Oc9-AB 12 (below) was the joint finance committee's substitute for the bill. Its relating clause listed 48 subjects.
Although a proposal's title is often helpful information in determining the germaneness of an amendment, and the change from 37 to 48 subjects easily created the suspicion that A.Sub.Amdt-1 might represent a substantial expansion of the proposal's scope. However, the final decision must be based on the content of the proposal itself.
The broad purpose of the bill was to deal with drug abuse and illegal drugs. Of the bill's 37 subjects, 6 were not referenced in the title of the joint finance substitute - generally, they reappeared in about a dozen phrases indicating that the substitute accomplished "the same purpose in a different manner [germane; A.Rule 54 (4) (b)].
Several of the new phrases in the title of the substitute dealt with a study, an audit, or even a "task force" - all intended to monitor the performance of the new programs on drug abuse and illegal drugs. Others dealt with the specifics of program administration (creating a division of narcotics and dangerous drugs; hotline for perinatal referral and information; state standards for drug abuse treatment programs) or with a consequence of illegal drugs convictions (immunity for forced testimony; selling property seized in drug arrests). Amendments "relating only to particularized details" are germane [A.Rule 54 (4) (e)].
Finally, each of the subjects included in the substitute amendment also had to fit, and did fit, within the special session agenda set by Gov. Tommy Thompson proclamation convening the special session (A.Jour. 10/10/89, p. 343).
Assembly Journal of November 10, 1989 .......... Page: 528
Point of order:
Representative Welch rose to the point of order that assembly substitute amendment 1 to Assembly Bill 12, Oct. 1989 Spec. Sess., was not germane under Assembly Rule 54 (3).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Assembly Journal of November 9, 1989 .......... Page: 497
Point of order:
Representative Carpenter rose to the point of order that assembly amendment 2 to assembly substitute amendment 1 to Assembly Bill 9, Oct. 1989 Spec. Sess., [relating to controlled substances; organized crime; drug paraphernalia, citations and disposition for certain juvenile offenses; obstructing an officer; prohibiting a pupil from using or possessing an electronic paging or 2-way communication device on the premises of a public school; drug tests in accidents
involving fatalities; substitution of judges; designating 2 circuit court branches in Milwaukee county as drug courts; granting to counties the right to prohibit by ordinance and impose forfeitures for, the possession of marijuana; regulating pawnbrokers and dealers in secondhand articles and jewelry; health maintenance organization coverage of treatment for students away from home; a study of the enrollment of certain recipients of medical assistance in health maintenance organizations; and providing penalties] was not germane under Assembly Rule 54 (3).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
448 [Note:] AB 9, Oct.89 Spec.Sess, was a multi-issue proposal narrowly drafted to carry out the agenda set forth in the governor's call (A.Jour., p. 343). The bill did not include the subject of A.Amdt-2, employer-required drug testing of employes. See also A.Amdt-5, below, on the same subject.
On the other hand, the bill did require officers of financial institutions to disclose alleged transfers of drug money and A.Amdt-3. (below) exempting the financial officer from civil liability for the disclosure was germane.
A.Amdt-7 provided for an action against other property when property subject to forfeiture as the result of a drug-related offense could not be found; it was held germane.
A.Amdt-10 proposed considering prior OWI drug-related convictions to permit assessing a higher penalty for the current offense; it was held not germane.
A.Amdt-14 proposed to exclude from worker's compensation coverage work-related injuries resulting from alcohol or drug abuse; it was held not germane.
A.Amdt-18 refused issuance, or required revocation, of state occupational licenses for persons twice convicted of controlled substance violations. It was ruled germane.
Point of order:
Representative Schneider rose to the point of order that assembly amendment 3 to assembly substitute amendment 1 to Assembly Bill 9, Oct. 1989 Spec. Sess. was not germane under Assembly Rule 54 (3).
The speaker [Loftus] ruled the point of order not well taken.
Assembly Journal of November 9, 1989 .......... Page: 498
Point of order:
Representative Carpenter rose to the point of order that assembly amendment 5 to assembly substitute amendment 1 to Assembly Bill 9, Oct. 1989 Spec. Sess. was not germane under Assembly Rule 54 (3).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Point of order:
Representative Welch rose to the point of order that assembly amendment 7 to assembly substitute amendment 1 to Assembly Bill 9, Oct. 1989 Spec. Sess. was not germane under Assembly Rule 54 (3). The chair [Rep. Clarenbach, speaker pro tem] took the point of order under advisement.
Ruling of the chair [p. 499]:
The chair [Rep. Clarenbach, speaker pro tem] ruled not well taken the point of order raised by Representative Welch that assembly amendment 7 to assembly substitute amendment 1 to Assembly Bill 9, Oct. 1989 Spec. Sess., was not germane.
Assembly Journal of November 9, 1989 .......... Page: 499
Point of order:
Representative Lautenschlager rose to the point of order that assembly amendment 10 to assembly substitute amendment 1 to Assembly Bill 9, Oct. 1989 Spec. Sess. was not germane under Assembly Rule 54 (3). The speaker took the point of order under advisement.
Ruling of the chair [p. 503]:
The speaker [Loftus] ruled well taken the point of order raised by Representative Lautenschlager that assembly amendment 10 to assembly substitute amendment 1 to Assembly Bill 9, Oct. 1989 Spec. Sess. was not germane.
449Assembly Journal of November 9, 1989 .......... Page: 500
Point of order:
Representative Carpenter rose to the point of order that assembly amendment 14 to assembly substitute amendment 1 to Assembly Bill 9, Oct. 1989 Spec. Sess. was not germane under Assembly Rule 54 (3).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.
Assembly Journal of November 9, 1989 .......... Page: 502
Point of order:
Representative Grobschmidt rose to the point of order that assembly amendment 18 to assembly substitute amendment 1 to Assembly Bill 9, Oct. 1989 Spec. Sess. was not germane under Assembly Rule 54 (3).
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
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Assembly Journal of October 7, 1987 .......... Page: 379
Point of order:
Representative Clarenbach rose to the point of order that assembly amendment 3 to Assembly Bill 442 [relating to charges for dishonored drafts presented to the state; state contracts subject to approval by the governor; conduct of an aerial photographic survey; the energy conservation duties of the department of administration; discontinuance of the wind energy program administered by the department of administration; the return date for small claims garnishment actions against the state; establishment of a minimum claim for consideration by the claims board; abolition of the council on data processing in the department of administration; publishing fees for legal notices; population estimate procedure; appointment of the employes of the tax appeals commission; the state employes merit award board; state contracts for continuing provision of materials, supplies, equipment or contractual services; annual reports of the council on small and minority business opportunities; changing the reporting date of a department of administration report to the council on small and minority business opportunities; membership of the state capitol and executive residence board; reports of state public depositories; and the procedure in the event of reduced federal revenue sharing funds (suggested as remedial legislation by the department of administration)] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope]. The speaker took the point of order under advisement.
450 [Note:] 1987 AB 442 was a multi-issue bill comprising 17 issues suggested as remedial legislation by the Department of Administration and approved for introduction as remedial legislation by the Legislative Council.
Sec. 13.83 (1) (c) 4, stats., limits remedial legislation to minor substantive changes "proposed by state agencies to improve the administration of their agencies or proposed by the committee, a standing committee of the legislature or a legislative service agency to improve the language or organization of the statutes or session laws".
One of the minor substantive issues addressed by 1987 AB 442 was the membership of the state capitol and executive residence board (SCERB). A.Amdt.3 proposed to change SCERB's function, limiting its supervisory authority to the Executive Residence and vesting the supervisory authority for the Capitol building in the cochairs of the joint committee on legislative organization (JCLO). In addition, the department of administration would no longer "have charge of" the Capitol, but would carry out its duties to operate, maintain and repair the Capitol under the direction of the JCLO cochairs.
A.Amdt.3 properly reflected the impact of these changes by removing the references to "the membership of" SCERB and to "remedial legislation" from the relating clause of AB 442.
Assembly Journal of October 21, 1987 .......... Page: 447
The chair [Rep. Clarenbach, speaker pro tem] ruled that assembly amendment 3 to Assembly Bill 442 was not germane and the point of order raised by Representative Clarenbach on October 7, 1987 well taken.
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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].
451 [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 [Loftus] 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 [Loftus] 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 [Loftus] 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 [Loftus] 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:
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.
452 The speaker ruled the point of order well taken.
Point of order:
