State of Wisconsin. One-Hundredth Regular Session Tuesday, March 6, :30 P.M. Introduction, first reading and reference of proposals.

Transcription

1 State of Wisconsin One-Hundredth Regular Session Tuesday, March 6, :30 P.M. First Order. Second Order. Third Order. Fourth Order. Fifth Order. Sixth Order. Seventh Order. Call of Roll. Chief clerk's entries. Introduction, first reading and reference of proposals. Report of committees. Petitions and communications. Referrals and receipt of committee reports concerning proposed administrative rules. Advice and consent of the Senate Shall the appointment be confirmed? Assef, Saied, of Green Bay, as a member of the Wisconsin Judicial Commission, to serve for the term ending August 1, (Report confirmation recommended by Barrette, Mark, of Beaver Dam, as a member of the Wisconsin Judicial Commission, to serve for the term ending August 1, (Report confirmation recommended by Bogost, Gregg A., of Madison, as a member of the Radiology Examining Board, to serve for the term ending May 1, (Report confirmation recommended by committee on Health, Ayes Burnett, Eileen, of De Pere, as a member of the Wisconsin Judicial Commission, to serve for the term ending August 1, (Report confirmation recommended by Cullinan, William, of New Berlin, as a member of the Wisconsin Judicial Commission, to serve for the term ending August 1, (Report confirmation recommended by

2 Page 2 Tuesday, March 6, 2012 Ellis, Julie, of New Berlin, as a member of the Board of Nursing, to serve for the term ending July 1, (Report confirmation recommended by committee on Health, Ayes Hammes, Brian, of Fond Du Lac, as a member of the Optometry Examining Board, to serve for the term ending July 1, (Report confirmation recommended by committee on Health, Ayes Jafari, Mary, of Onalaska, as a member of the Radiography Examining Board, to serve for the term ending May 1, (Report confirmation recommended by committee on Health, Ayes Jensen, Doreen, of Oshkosh, as a member of the Hearing and Speech Examining Board, to serve for the term ending July 1, (Report confirmation recommended by committee on Health, Ayes Leazer, Lynn, of Verona, as a member of the Wisconsin Judicial Commission, to serve for the term ending August 1, (Report confirmation recommended by Misra, Suresh, of Mequon, as a member of the Medical Examining Board, to serve for the term ending July 1, (Report confirmation recommended by committee on Health, Ayes 4, Noes 1) Petersen, Andrew, of Verona, as a member of the Wisconsin Technical College System Board, to serve for the term ending May 1, (Report confirmation recommended by committee on Agriculture, Forestry, and Higher Education, Ayes 7, Polenske, Mary Ellen, of Sun Prairie, as a member of the Hearing and Speech Examining Board, to serve for the term ending July 1, (Report confirmation recommended by committee on Health, Ayes Rambo, Larry, of Hartland, as a member of the Health Insurance Risk-Sharing Plan Authority, to serve for the term ending May 1, (Report confirmation recommended by committee on Health, Ayes Reuter, Geraldine, of Lancaster, as a member of the Barbering and Cosmetology Examining Board, to serve for the term ending July 1, (Report confirmation recommended by committee on Health, Ayes Swan, Timothy, of Marshfield, as a member of the Medical Examining Board, to serve for the term ending July 1, (Report confirmation recommended by committee on Health, Ayes Vasudevan, Sridhar V., of Belgium, as a member of the Medical Examining Board, to serve for the term ending July 1, (Report confirmation recommended by committee on Health, Ayes Viste-Johnson, Barbara, of Luxemburg, as a member of the Marriage and Family Therapy Professional Counseling and Social Work Examining Board, to serve for the term ending July 1, (Report confirmation recommended by committee on Labor, Public Safety, and Urban Affairs, Ayes

3 Tuesday, March 6, 2012 Page 3 Wagner, Thomas, of Oshkosh, as a member of the Health Insurance Risk-Sharing Plan Authority, to serve for the term ending May 1, (Report confirmation recommended by committee on Health, Ayes Weis, William W., of Franklin, as a member of the Podiatrists Affiliated Credentialing Board, to serve for the term ending July 1, (Report confirmation recommended by committee on Health, Ayes Willis, Patricia, of Waukesha, as a member of the Hearing and Speech Examining Board, to serve for the term ending July 1, (Report confirmation recommended by committee on Health, Ayes Eighth Order. Messages from the Assembly. Shall the amendment be concurred in? Senate Bill 338. Relating to: waiving fees for certain professional and occupational licenses issued to veterans. (FE) By Senators Galloway, Lassa, T. Cullen, Schultz, S. Coggs, and Lasee; cosponsored by Representatives Wynn, Petryk, Spanbauer, Jacque, Tranel, Knilans, Berceau, Kaufert, Brooks, Marklein, Pridemore, Krug, and Bewley. Assembly Amendments 1 and 2 pending Ninth Order. Special Orders. Special Order at 1:31 P.M. Assembly Bill 426. Relating to: regulation of ferrous metallic mining and related activities, making an appropriation, and providing penalties. By committee on Jobs, Economy and Small Business. (Report introduction of Senate substitute amendment 2, Ayes 16, Noes 0, adoption of Senate substitute amendment 2, Ayes 12, Noes 4, concurrence as amended recommended by joint committee on Finance, Ayes 12, Noes 4) Senate Substitute Amendment 2 pending Tenth Order. Consideration of motions, resolutions, and joint resolutions not requiring a third reading. Shall the joint resolution be adopted? Senate Joint Resolution 58. Relating to: commending Laura Kaeppeler on winning the Miss America pageant. By Senators Wirch, Carpenter, Schultz, Kedzie, Taylor, Lazich, C. Larson, Wanggaard, Risser, Holperin, Cowles, and Vinehout; cosponsored by Representatives Barca, Steinbrink, Turner, Zepnick, Kuglitsch, Tauchen, Tranel, Strachota, Kerkman, Hulsey, Hintz, Staskunas, Bernier, E. Coggs, Milroy, Hebl, A. Ott, Rivard, Ballweg, and Murtha. Senate Joint Resolution 65. Relating to: commending Madison Area Technical College on its 100th anniversary. By Senators Schultz, Miller, Erpenbach, Wirch, Vinehout, Taylor, C. Larson, Lassa, Risser, and S. Coggs; cosponsored by Representatives Marklein, Brooks, C. Taylor, Hebl, Hulsey, A. Ott, Jorgensen, Pocan, Sinicki, Tranel, Kerkman, Ringhand, Spanbauer, Bies, Strachota, Pope-Roberts, Berceau, and Roys.

4 Page 4 Tuesday, March 6, 2012 Senate Joint Resolution 66. Relating to: commemorating the achievements and contributions of Moraine Park Technical College on the occasion of its centennial. By Senators King, Erpenbach, Taylor, and C. Larson; cosponsored by Representatives Thiesfeldt, Strachota, Spanbauer, Jorgensen, Sinicki, and Vruwink. Senate Joint Resolution 69. Relating to: honoring the members of Bon Iver and Justin Vernon on their 2012 Grammy Awards. By Senators Schultz, Vinehout, C. Larson, and Wirch; cosponsored by Representatives Mason, Bernier, Petryk, Roys, Berceau, Jorgensen, Pocan, Thiesfeldt, Hintz, Grigsby, Hulsey, E. Coggs, Sinicki, and Kerkman. Eleventh Order. Second reading and amendments of senate joint resolutions and senate bills. Shall the bill be ordered to a third reading? Senate Bill 50. Relating to: wind energy system rules. (FE) By joint committee for review of Administrative Rules. (Report without recommendation pursuant to s (6)(b), Wisconsin Statutes) Senate Bill 58. Relating to: liability of public utility customers for unbilled utility service. (FE) By Senators Ellis, Cowles, Olsen, and Lassa; cosponsored by Representatives Kaufert, Kerkman, Ziegelbauer, Berceau, Ballweg, and Thiesfeldt. (Report passage by committee on Energy, Biotechnology, and Consumer Protection, Ayes 2, Noes 3) Senate Bill 114. Relating to: legislative consideration of a biennial budget bill. (FE) By Senators Zipperer, Leibham, Vukmir, Carpenter, Galloway, and Kapanke; cosponsored by Representatives Kramer, Bernier, Endsley, Farrow, Jacque, Kapenga, Kestell, Kooyenga, LeMahieu, J. Ott, Petersen, Petryk, Rivard, Spanbauer, Steineke, Strachota, Thiesfeldt, and Wynn. (Report passage recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 4, Noes 1) Senate Bill 179. Relating to: requiring a private school that provides child care for children under three years of age to be licensed to operate a child care center. (FE) By Senators Lassa, Ellis, and Taylor; cosponsored by Representatives Bernard Schaber, Grigsby, Pope-Roberts, Berceau, Bernier, Bewley, Hulsey, Pasch, Ringhand, and Sinicki. (Report introduction and adoption of Senate Amendment 1, Ayes 7, Noes 0, passage as amended recommended by committee on Education, Ayes 7, Senate Amendment 1 pending Senate Bill 255. Relating to: the publication and effective dates of acts. By Senator Grothman. (Report passage recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 3, Noes 2) Senate Bill 308. Relating to: deposit placement programs of public depositories. By Senators Grothman, Carpenter, and Taylor; cosponsored by Representatives Kramer, Spanbauer, and Kestell. (Report passage recommended by committee on Financial Institutions and Rural Issues, Ayes Senate Bill 394. Relating to: establishing an assistant district attorney pay progression plan. (FE) By Senators Olsen, Taylor, T. Cullen, Erpenbach, Harsdorf, Hansen, King,

5 Tuesday, March 6, 2012 Page 5 Lassa, and Wanggaard; cosponsored by Representatives Litjens, Kleefisch, Richards, Bernard Schaber, Bies, Brooks, Danou, Kaufert, Krug, LeMahieu, Loudenbeck, A. Ott, J. Ott, Pocan, Roys, Spanbauer, Staskunas, and Steineke. (Report adoption of Senate Substitute Amendment 1, Ayes 5, Noes 0, passage as amended recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes Senate Substitute Amendment 1 pending Senate Bill 396. Relating to: financial assistance for the livestock premises registration program, a tax credit for livestock identification tags and tag-reading equipment, and making an appropriation. (FE) By Senators Harsdorf and Vinehout; cosponsored by Representatives Tauchen and Steinbrink. (Report passage recommended by committee on Agriculture, Forestry, and Higher Education, Ayes 7, Senate Substitute Amendment 1 pending Senate Bill 399. Relating to: the admissibility of hearsay evidence at a preliminary examination. By Senators Grothman and Lazich; cosponsored by Representatives Jacque, Bies, Craig, Krug, and LeMahieu. (Report passage recommended by Senate Bill 407. Relating to: zinc air button cell batteries and providing penalties. (FE) By Senators Olsen, Erpenbach, Hansen, Holperin, Risser, Schultz, Taylor, and Wanggaard; cosponsored by Representatives Tranel, Bernard Schaber, Brooks, Krug, Litjens, A. Ott, J. Ott, Petryk, Pocan, Ripp, Rivard, Spanbauer, Suder, C. Taylor, Thiesfeldt, and Williams. (Report passage recommended by committee on Workforce Development, Small Business, and Tourism, Ayes Senate Bill 411. Relating to: hunting and trapping of wolves, providing an exemption from emergency rule procedures, extending the time limit for emergency rule procedures, and making an appropriation. (FE) By Senators Moulton, Holperin, and Lasee; cosponsored by Representatives Suder, Rivard, LeMahieu, Krug, Bies, Pridemore, Ballweg, Tauchen, Vruwink, Williams, Severson, Murtha, Steineke, Tiffany, Nygren, Endsley, A. Ott, and Spanbauer. (Report adoption of Senate Amendment 1, Ayes 7, Noes 0, passage as amended recommended by committee on Natural Resources and Environment, Ayes 5, Noes 2) Senate Amendments 1 and 3 pending Senate Bill 415. Relating to: buying, selling, bartering, and trading of nonedible parts from upland game birds. By Senator Schultz; cosponsored by Representatives Brooks, Tranel, and Petryk. (Report passage recommended by committee on Natural Resources and Environment, Ayes 7, Senate Bill 426. Relating to: intentional program violations of public assistance programs. (FE) By Senators Darling and Lazich; cosponsored by Representatives Krug, Knodl, Ballweg, Endsley, Jacque, Kerkman, Kestell, Knudson, T. Larson, Marklein, A. Ott, Pridemore, Spanbauer, Steineke, Strachota, Thiesfeldt, Van Roy, Vos, Wynn, Ziegelbauer, and J. Ott. (Report adoption of Senate Amendment 1, Ayes 5, Noes 0, adoption of Senate Amendment 2, Ayes 5, Noes 0, passage as amended

6 Page 6 Tuesday, March 6, 2012 recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 3, Noes 2) Senate Amendments 1 and 2 pending Senate Bill 429. Relating to: portable electronics insurance and providing a penalty. (FE) By Senators Lasee and Schultz; cosponsored by Representatives Nygren, Brooks, and Molepske Jr. (Report introduction and adoption of Senate Amendment 1, Ayes 6, Noes 0, passage as amended recommended by committee on Insurance and Housing, Ayes 5, Noes 1,) Senate Amendment 1 pending Senate Bill 441. Relating to: authorizing the Department of Natural Resources to collect voluntary contributions in addition to fees charged for certain approvals, authorizing the voluntary contributions to be paid to the Natural Resources Foundation of Wisconsin, and making an appropriation. (FE) By Senators Schultz, Holperin, Hansen, and Cowles; cosponsored by Representatives Petryk, Endsley, Marklein, Molepske Jr, Mursau, Rivard, Jacque, Tranel, Clark, and Spanbauer. (Report passage recommended by committee on Natural Resources and Environment, Ayes 7, Senate Bill 452. Relating to: exception to local levy limits for the village of Warrens. By Senators Vinehout and Lassa; cosponsored by Representatives Radcliffe and Vruwink. (Report passage recommended by committee on Public Health, Human Services, and Revenue, Ayes Senate Bill 453. Relating to: the authority and responsibility of the Department of Safety and Professional Services, requirements for obtaining certain licenses or other credentials from the Department of Safety and Professional Services, weighing a product that contains opium or another controlled substance, and granting rule-making authority. (FE) By Senator Leibham; cosponsored by Representative Rivard. (Report adoption of Senate Substitute Amendment 1, Ayes 5, Noes 0, passage as amended recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes Senate Substitute Amendment 1 pending Senate Bill 457. Relating to: dispensing motor vehicle fuel for persons with disabilities, granting rule-making authority, and providing a penalty. (FE) By Senator Zipperer; cosponsored by Representatives Krusick, Berceau, Bewley, Milroy, Petryk, Sinicki, Spanbauer, and Wynn. (Report passage recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes Senate Bill 459. Relating to: economic development activities of the Wisconsin Housing and Economic Development Authority. By Senators Leibham, Lassa, and Jauch; cosponsored by Representatives Litjens, Brooks, Endsley, Fields, Kerkman, Marklein, Molepske Jr, Petryk, and Spanbauer. (Report passage recommended by committee on Economic Development and Veterans and Military Affairs, Ayes 7, Senate Bill 461. Relating to: the governor's read to lead development fund, the Read to Lead Development Council, grants in support of literacy and early childhood development programs, teacher licensure, screening kindergarten pupils for reading

7 Tuesday, March 6, 2012 Page 7 readiness, remedial reading services for certain pupils, evaluating teacher preparatory programs and educator effectiveness, requiring the exercise of rule-making authority, and making an appropriation. (FE) By Senators Olsen, Darling, and Schultz; cosponsored by Representatives Kestell, Ballweg, Brooks, Endsley, Marklein, and Spanbauer. (Report adoption of Senate Amendment 3 to Senate Substitute Amendment 1, Ayes 7, Noes 0, adoption of Senate Amendment 3 to Senate Amendment 4 to Senate Substitute Amendment 1, Ayes 6, Noes 0, adoption of Senate Amendment 4 to Senate Substitute Amendment 1, Ayes 4, Noes 3, adoption of Senate Substitute Amendment 1, Ayes 4, Noes 3, passage as amended recommended by committee on Education, Ayes 5, Noes 2) Senate Amendment 3 to Senate Substitute Amendment 1, Senate Amendment 3 to Senate Amendment 4 to Senate Substitute Amendment 1, Senate Amendment 4 to Senate Substitute Amendment 1, and Senate Substitute Amendment 1 pending Senate Bill 463. Relating to: the angel investment and early stage seed investment tax credit programs. (FE) By Senators Leibham and Darling; cosponsored by Representatives Kuglitsch, Klenke, and Tauchen. (Report passage recommended by committee on Economic Development and Veterans and Military Affairs, Ayes 7, Senate Amendments 1 and 2 pending Senate Bill 464. Relating to: prohibiting fingerprinting in connection with professional credentials issued by the Department of Safety and Professional Services or an examining board or affiliated credentialing board, except as provided in the statutes, and requiring the exercise of rule-making authority. By Senator Galloway; cosponsored by Representatives Severson, Litjens, Steineke, Spanbauer, and Weininger. (Report passage recommended by committee on Labor, Public Safety, and Urban Affairs, Ayes 3, Noes 2) Senate Bill 465. Relating to: the definition of municipality for purposes of tax refund setoffs. (FE) By Senators Galloway and Holperin; cosponsored by Representatives Kerkman, Brooks, Endsley, Spanbauer, and Wynn. (Report passage recommended by committee on Public Health, Human Services, and Revenue, Ayes Senate Bill 474. Relating to: matching financial records for Medical Assistance eligibility and providing a penalty. (FE) By Senators Galloway, Lasee, and Cowles; cosponsored by Representatives Nygren, Ballweg, Bies, Jacque, Kaufert, Knudson, LeMahieu, Marklein, A. Ott, Rivard, Petersen, Severson, Steineke, Strachota, Van Roy, Wynn, and Vos. (Report passage recommended by committee on Insurance and Housing, Ayes 4, Noes 2) Senate Bill 475. Relating to: audits and reports of state savings banks and state savings and loan associations. (FE) By Senators Grothman and Schultz; cosponsored by Representatives LeMahieu, Bies, Stroebel, Tranel, Ballweg, Zepnick, and Fields. (Report passage recommended by committee on Financial Institutions and Rural Issues, Ayes Senate Bill 476. Relating to: changing the date of fire prevention week from the week of October 8 to the week of October 9. By Senators Grothman, Olsen, Schultz, Taylor, and S. Fitzgerald; cosponsored by Representatives Strachota, Thiesfeldt, Marklein,

8 Page 8 Tuesday, March 6, 2012 Bies, LeMahieu, A. Ott, Bernier, Sinicki, and Clark. (Report passage recommended by committee on Labor, Public Safety, and Urban Affairs, Ayes Senate Bill 492. Relating to: regulating certain service contracts and granting rule-making authority. (FE) By Senators Lasee, Olsen, and Schultz; cosponsored by Representatives Nygren, LeMahieu, Bies, and A. Ott. (Report adoption of Senate Amendment 1, Ayes 6, Noes 1, passage as amended recommended by committee on Insurance and Housing, Ayes 4, Noes 3) Senate Amendment 1 pending Senate Bill 496. Relating to: brucellosis testing of milk, cream, and cattle and restrictions on moving or sale of American bison and other animal species. (FE) By Senators Schultz; cosponsored by Representatives Nerison, A. Ott, Vruwink, Tranel, and Spanbauer. (Report passage recommended by committee on Agriculture, Forestry, and Higher Education, Ayes 7, Senate Bill 497. Relating to: designation, modification, and termination of agricultural enterprise areas. By Senators Schultz and Holperin; cosponsored by Representatives Nerison, Clark, Vruwink, A. Ott, and Tranel. (Report passage recommended by committee on Agriculture, Forestry, and Higher Education, Ayes 7, Senate Bill 498. Relating to: the pest abatement authority of the Department of Agriculture, Trade and Consumer Protection. By Senator Schultz; cosponsored by Representatives Nerison, A. Ott, Tranel, and Spanbauer. (Report passage recommended by committee on Agriculture, Forestry, and Higher Education, Ayes 7, Senate Bill 518. Relating to: gasoline vapor recovery requirements and granting rulemaking authority. (FE) By Senators Lazich, Wanggaard, Olsen, Grothman, Wirch and Holperin; Cosponsored by Representatives Kapenga, Rivard, Petersen, Thiesfeldt, Jacque, Craig, Brooks, Doyle, Ballweg, August, Stroebel, Endsley, Kooyenga, Tiffany, Stone, Kuglitsch and Van Roy. (Report passage recommended by committee on Economic Development and Veterans and Military Affairs, Ayes 7, Senate Bill 524. Relating to: exception to local levy limits for the city of Fox Lake. By Senator S. Fitzgerald; cosponsored by Representative J. Fitzgerald. (Report passage recommended by committee on Public Health, Human Services, and Revenue, Ayes Senate Bill 526. Relating to: technical changes to the qualified production activities income and franchise tax credit. (FE) By Senator Grothman; cosponsored by Representative Kooyenga. (Report passage recommended by committee on Financial Institutions and Rural Issues, Ayes Twelfth Order. Second reading and amendments of assembly joint resolutions and assembly bills. Shall the bill be ordered to a third reading? Assembly Bill 56. Relating to: retail theft, proof of ownership for flea market sales, and providing penalties. By Representatives Kleefisch and Danou; cosponsored by

9 Tuesday, March 6, 2012 Page 9 Senators Wanggaard and Taylor. (Report concurrence recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes Assembly Bill 176. Relating to: minimum harvesting requirements for commercial fishing in the Great Lakes. (FE) By Representatives Bies, Jacque, Kaufert, and Van Roy; cosponsored by Senator Lasee. (Report concurrence recommended by committee on Natural Resources and Environment, Ayes 5, Noes 2) Assembly Bill 217. Relating to: impersonating certain officials and providing a penalty. (FE) By Representatives Bies, Brooks, Kaufert, Kerkman, Kleefisch, LeMahieu, Molepske Jr, Nygren, A. Ott, Petersen, Petryk, Spanbauer, Strachota, and Stroebel; cosponsored by Senators Wanggaard, Carpenter, Lazich, Leibham, Olsen, Schultz, and Taylor. (Report concurrence recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes Assembly Bill 334. Relating to: possession of certain animals killed by vehicles. By Representatives Tiffany and Suder; cosponsored by Senators Moulton and Holperin. (Report concurrence recommended by committee on Natural Resources and Environment, Ayes 7, Assembly Bill 384. Relating to: weapons that may be used to hunt certain animals and requirements for establishing open hunting seasons for those animals. (FE) By Representatives Tauchen, Craig, Sinicki, Petryk, Kleefisch, Rivard, Krug, Endsley, and Spanbauer; cosponsored by Senators Schultz and Taylor. (Report concurrence recommended by committee on Natural Resources and Environment, Ayes 7, Assembly Bill 395. Relating to: acquisition of land in the Niagara Escarpment corridor. (FE) By Representatives A. Ott, Ziegelbauer, Endsley, LeMahieu, Litjens, Spanbauer, and Thiesfeldt; cosponsored by Senators Cowles and Schultz. (Report concurrence recommended by committee on Natural Resources and Environment, Ayes 7, Assembly Bill 397. Relating to: failing to report the death of a child or to report a missing child, moving the corpse of a child, hiding a corpse to collect public benefits, and providing penalties. By Representatives Kerkman, Petryk, Pridemore, Endsley, Kleefisch, Spanbauer, Bernier, Petrowski, Bies, Brooks, Clark, E. Coggs, Craig, D. Cullen, Honadel, Jacque, Jorgensen, Kuglitsch, LeMahieu, Mason, Meyer, Mursau, Nass, A. Ott, Petersen, Rivard, Sinicki, Steineke, Strachota, Tranel, Turner, Van Roy, Vos, and Vruwink; cosponsored by Senators Lassa, Carpenter, Jauch, Darling, Holperin, C. Larson, Olsen, Schultz, Wanggaard, and Wirch. (Report concurrence recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes Thirteenth Order. Fourteenth Order. Fifteenth Order. Sixteenth Order. Third reading of joint resolutions and bills. Motions may be offered. Announcements, adjournment honors, and remarks under special privilege. Adjournment.