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The question was: Shall the Decision of the Chair stand as the judgement of the Senate?
The ayes and noes were required and the vote was: ayes, 19; noes, 14; absent or not voting, 0; as follows:
Ayes - Senators Cowles, Darling, Ellis, S. Fitzgerald, Galloway, Grothman, Harsdorf, Hopper, Kapanke, Kedzie, Lasee, Lazich, Leibham, Moulton, Olsen, Schultz, Vukmir, Wanggaard and Zipperer - 19.
Noes - Senators Carpenter, S. Coggs, T. Cullen, Erpenbach, Hansen, Holperin, Jauch, C. Larson, Lassa, Miller, Risser, Taylor, Vinehout and Wirch - 14.
Absent or not voting - None.
The Decision of the Chair stands as the judgement of the Senate.
Senator Taylor moved that Senate Bill 57 be referred to the committee on Labor, Public Safety, and Urban Affairs.
The question was: Shall Senate Bill 57 be referred to the committee on Labor, Public Safety, and Urban Affairs?
The ayes and noes were demanded and the vote was: ayes, 13; noes, 20; absent or not voting, 0; as follows:
Ayes - Senators S. Coggs, T. Cullen, Erpenbach, Hansen, Holperin, Jauch, C. Larson, Lassa, Miller, Risser, Taylor, Vinehout and Wirch - 13.
Noes - Senators Carpenter, Cowles, Darling, Ellis, S. Fitzgerald, Galloway, Grothman, Harsdorf, Hopper, Kapanke, Kedzie, Lasee, Lazich, Leibham, Moulton, Olsen, Schultz, Vukmir, Wanggaard and Zipperer - 20.
Absent or not voting - None.
Referral refused.
Senator Erpenbach moved that Senate Bill 57 be laid on the table.
The question was: Shall Senate Bill 57 be laid on the table?
The ayes and noes were demanded and the vote was: ayes, 14; noes, 19; absent or not voting, 0; as follows:
Ayes - Senators Carpenter, S. Coggs, T. Cullen, Erpenbach, Hansen, Holperin, Jauch, C. Larson, Lassa, Miller, Risser, Taylor, Vinehout and Wirch - 14.
Noes - Senators Cowles, Darling, Ellis, S. Fitzgerald, Galloway, Grothman, Harsdorf, Hopper, Kapanke, Kedzie, Lasee, Lazich, Leibham, Moulton, Olsen, Schultz, Vukmir, Wanggaard and Zipperer - 19.
Absent or not voting - None.
Tabling refused.
Ordered to a third reading.
Senator S. Fitzgerald, with unanimous consent, asked that the bill be considered for final action at this time.
Point of Order
Senator Taylor raised the point of order that the bill was not properly before the Senate under Joint Rule 52 and s. 13.525 Wisconsin Statutes.
The Senate stood informal.
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The Chair responded to the point of order citing the bill was not properly before the Senate, due to Joint Rule 52 and Wisconsin Statute 13.525. The Chair noted that this point of order deals with the rules that govern the proceedings of the Senate. Joint Rule 52 establishes the rules that govern proceedings, as well as Article IV Section VIII of the Wisconsin Constitution, which grants each house of the legislature sole authority to govern its own proceedings. The Chair is exercising authority delegated to him and the Senate, by the people of Wisconsin, as reflected in the Constitution. After reviewing Joint Rule 52, the Chair finds nothing in the language that requires the notification that was questioned when the point of order was raised. Under Wisconsin Statute 13.525, the activities of the joint review committee on Criminal Penalties are triggered by the Chairperson of the standing committee to which the criminal penalty bill was referred, and under the statute (5), the Chairperson of the standing committee may request that the Joint Review Committee prepare a report. The language of the statute is permissive, but not mandatory. The Chairman of the standing committee chose not to request a report, and the statute permits the committees in both houses to move forward with the legislation. Upon reviewing the argument on the two points that were raised, the Chair ruled the point of order not well taken.
Senator Taylor appealed the ruling of the Chair.
The question was: Shall the Decision of the Chair stand as the judgement of the Senate?
S272 The ayes and noes were required and the vote was: ayes, 19; noes, 14; absent or not voting, 0; as follows:
Ayes - Senators Cowles, Darling, Ellis, S. Fitzgerald, Galloway, Grothman, Harsdorf, Hopper, Kapanke, Kedzie, Lasee, Lazich, Leibham, Moulton, Olsen, Schultz, Vukmir, Wanggaard and Zipperer - 19.
Noes - Senators Carpenter, S. Coggs, T. Cullen, Erpenbach, Hansen, Holperin, Jauch, C. Larson, Lassa, Miller, Risser, Taylor, Vinehout and Wirch - 14.
Absent or not voting - None.
The Decision of the Chair stands as the judgement of the Senate.
Senate Bill 57
Read a third time.
The question was: Shall Senate Bill 57 be passed?
The ayes and noes were demanded and the vote was: ayes, 22; noes, 11; absent or not voting, 0; as follows:
Ayes - Senators Carpenter, Cowles, Darling, Ellis, S. Fitzgerald, Galloway, Grothman, Hansen, Harsdorf, Hopper, Kapanke, Kedzie, Lasee, Lassa, Lazich, Leibham, Moulton, Olsen, Schultz, Vukmir, Wanggaard and Zipperer - 22.
Noes - Senators S. Coggs, T. Cullen, Erpenbach, Holperin, Jauch, C. Larson, Miller, Risser, Taylor, Vinehout and Wirch - 11.
Absent or not voting - None.
Passed.
Senator Fitzgerald, with unanimous consent, asked that all action be immediately messaged to the Assembly:
Senate Bill 57
Messaged.
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Announcements, Adjournment Honors, and Remarks Under Special Privilege
Senator Wirch, with unanimous consent, asked that when the Senate adjourn, it do so in honor of Pam De Vuyst of Kenosha.
Senator Vinehout, with unanimous consent, asked that when the Senate adjourn, it do so in honor of her Senate Scholar Andrew Peterson. Andrew is a senior at Osseo-Fairchild High School, and it's Andrew's 18th birthday today. Happy Birthday, Andrew!
Senator Wanggaard, with unanimous consent, asked that when the Senate adjourn, it do so in honor of the Racine Unified School District Suzuki Strings, which recently performed in the Capitol Rotunda. These exceptional students, who attend Stephen Bull Fine Arts Elementary and Jefferson Lighthouse Elementary, are an extraordinarily talented group of students, and the Senator is proud that they joined us at the Capitol for such a wonderful performance.
Senator Schultz, with unanimous consent, asked that when the Senate adjourn, it do so in honor of Dr. Nancy Ness, who passed away last week much too young, at the age of 60, due to a rare form of bone marrow disease. Dr. Ness was from Mauston, in Juneau County, and was first introduced to Senator Schultz by another good friend Dr. Jerry Kempthorne. Like Dr. Kempthorne, Dr. Ness was the embodiment of a rural physician. She not only cared for her patients she cared about her patients and indeed her community. Nancy and her husband, Dr. Keith Ness, were and are the archetype of whole health. Dr. Ness was an integral part of the founding, design, building and management of the Mile Bluff Clinic in Mauston. She keenly understood the need for quality, accessible and affordable health care in the rural areas of our state. While Dr. Ness' time with us was far too short, her legacy and her impact on bettering people's lives will endure long into the future. On behalf of this body, Senator Schultz would like to extend our deepest condolences to the family of Dr. Nancy Ness.
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Adjournment
Senator S. Fitzgerald, with unanimous consent, asked that the Senate stand adjourned until Thursday, May 12, 2011 at 10:00 A.M.
Adjourned.
4:14 P.M.
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