Amendment AA1-ASA4-AR14

LRBa2450/1

RAC:nwn&kjf:ph

2009 - 2010 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO ASSEMBLY SUBSTITUTE AMENDMENT 4, TO 2009 ASSEMBLY RESOLUTION 14

April 20, 2010 - Offered by Representative Wood.

AR14-ASA4-AA1,1,1 At the locations indicated, amend the substitute amendment as follows:

AR14-ASA4-AA1,1,4 1. Page 1, line 3: after "21" insert "and the censure of Stephen Nass, a representative from the 31st Assembly District, in accordance with article IV, section 8, of the Wisconsin Constitution".

AR14-ASA4-AA1,1,5 2. Page 4, line 16: delete "21." and substitute "21; and".

AR14-ASA4-AA1,1,6 3. Page 4, line 16: after that line insert:

AR14-ASA4-AA1,1,7 "Be it further resolved, That:

AR14-ASA4-AA1,1,10 Whereas, Representative Nass claimed his home address as W8948 Willis Ray Road in Whitewater, Wisconsin, reporting mileage between 43 to 52 miles since 1990 to the state capitol; and

AR14-ASA4-AA1,2,3 Whereas, members of the Wisconsin state assembly complete their own certificates of mileage pursuant to sections 20.765 (1) (a) and 13.123 (1) or (2) of the statutes; and

AR14-ASA4-AA1,2,5 Whereas, it is a Class I felony under section 946.12 (4) of the statutes to make false entries on this form; and

AR14-ASA4-AA1,2,7 Whereas, section 13.08 (2) of the statutes authorizes reimbursement for up to one round trip per week of transportation expenses actually incurred; and

AR14-ASA4-AA1,2,9 Whereas, Wisconsin law regulating mileage claims for state officials requires that the most direct route be claimed; and

AR14-ASA4-AA1,2,11 Whereas, Representative Nass claimed a distance ranging from 43 to 52 miles since 1990 to the state capitol; and

AR14-ASA4-AA1,2,13 Whereas, the American Automobile Association and MapQuest calculate the true distance as 43 miles; and

AR14-ASA4-AA1,2,15 Whereas, the American Automobile Association was not able to complete a direct route between the two locations that totaled 52 miles; and

AR14-ASA4-AA1,2,17 Whereas, federal tax law requires legislators to live at least 50 miles away from the capitol to claim expenses for any day the legislature is in session; and

AR14-ASA4-AA1,2,19 Whereas, Representative Nass claimed 174 days for this purpose of federal law while serving in the legislature in 1999; and

AR14-ASA4-AA1,2,21 Whereas, this provision of federal law, found in section 162 (h) of the Internal Revenue Code, allows legislators to write off $98 per day; and

AR14-ASA4-AA1,2,23 Whereas, the state of Wisconsin reimbursed Representative Nass $55 per day for this purpose; and

AR14-ASA4-AA1,2,25 Whereas, Representative Nass was left with an unreimbursed expense of $42 for each day the legislature was in session; and

AR14-ASA4-AA1,3,3 Whereas, by claiming this expense, Representative Nass would have had a tax deduction worth $7,308, lowering his state and federal taxes by approximately $2,000; and

AR14-ASA4-AA1,3,4 Whereas, Representative Nass has cheated taxpayers of a over $2000; and

AR14-ASA4-AA1,3,7 Whereas, a violation of this Wisconsin law requires reimbursement of the amount, including 12 percent interest, resulting in over $20,000 stolen from the people of Wisconsin; and

AR14-ASA4-AA1,3,10 Whereas, Representative Nass has himself brought disrepute to the Wisconsin state assembly by failing to accept paternal responsibility for his out-of-wedlock daughter for the first three years of her life; and

AR14-ASA4-AA1,3,13 Whereas, Representative Nass brought further disgrace to the Wisconsin state assembly by going to court to get his taxpayer-financed per diem excluded from calculating his child support payments; now, therefore, be it

AR14-ASA4-AA1,3,16 Resolved by the assembly, That Representative Stephen Nass is hereby censured by the Wisconsin state assembly, in accordance with article IV, section 8, of the Wisconsin Constitution.".

AR14-ASA4-AA1,3,17 (End)