hist12699Senate Bill 384, relating to: the laws of trusts, the Uniform Trust Code, the Uniform Principal and Income Act, powers of appointment, and changes to estate recovery and divestment provisions relating to public assistance programs., withdrawn from Committee on Judiciary and Labor and rereferred to Committee on Government Operations, Public Works, and Telecommunications.
Sincerely,
MICHAEL G. ELLIS
Senate President
_____________
State of Wisconsin
Office of Senator Tim Carpenter
November 5, 2013
The Honorable, the Senate,
During the floor session on Tuesday, November 5, 2013, I asked for a point of order as to the Senate President’s interpretation of when the Senate is in session, for purposes regarding immunity from civil process. I withdrew my point of order at your invitation to submit to you the question more specifically, in writing.
As you are aware, a member of the Senate, the Senator from the Fifth Senate District, is reported to be claiming legislative immunity from a 2013 lawsuit which has alleged that she failed to turn over records pursuant to an open records request. As you are also no doubt aware, it has been reported that in a motion filed by state Attorney General J.B. Van Hollen’s office, the Senator from the Fifth claims she can’t be sued while the legislature is in session.
The Wisconsin State Constitution, Article IV Section 15 states as follows:
“SECTION 15. Members of the legislature shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest; nor shall they be subject to any civil process, during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.”
It is further reported that the senator in question contends in her motion before the court that the current legislative session lasts the entire term of a state senator. You can see that this can be interpreted to mean that legislators could be “in session” from the moment they are first sworn in until they leave office.
In contrast, it could also be argued that the Constitution confers immunity from civil proceedings only during floor sessions.
I would like to ask you to provide your opinion as to when the Senate of the State of Wisconsin is in session such that senators would be immune from civil process under Article IV Section 15 of the Wisconsin State Constitution.
This question is asked so that the senators may be guided by you in their actions to be compliant with the Constitution, Wisconsin State Statutes, and the Rules governing the Senate.
I am looking forward to hearing your response.
Sincerely,
TIM CARPENTER
State Senator
_____________
hist12720Senator S. Fitzgerald, with unanimous consent, asked that Senate Bill 317 be withdrawn from the delayed calendar of October 15, 2013 and be laid on the table.
_____________
Second reading and amendments of senate joint resolutions and
senate bills
Senate Bill 274
Relating to: funding and position authority for vocational rehabilitation services and making an appropriation.
hist12721Read a second time.
hist12722The question was: Adoption of Senate Amendment 1 to Senate Bill 274?
Adopted.
hist12723Ordered to a third reading.
hist12724Senator Fitzgerald, with unanimous consent, asked that the bill be considered for final action at this time.
Senate Bill 274
hist12741Read a third time.
The question was: Passage of Senate Bill 274?
The ayes and noes were required and the vote was: ayes, 32; noes, 0; absent or not voting, 1; as follows:
Ayes - Senators Carpenter, Cowles, T. Cullen, Darling, Ellis, Erpenbach, Farrow, S. Fitzgerald, Grothman, Gudex, Hansen, Harris, Harsdorf, Jauch, Kedzie, C. Larson, Lasee, Lassa, Lazich, Lehman, Leibham, Miller, Moulton, Olsen, Petrowski, Risser, Schultz, Shilling, L. Taylor, Tiffany, Vinehout and Wirch - 32.
Noes - None.
Absent or not voting - Senator Vukmir - 1.
Passed.
Senate Bill 331
Relating to: career and technical education incentive grants and making an appropriation.
hist12735Read a second time.
hist12737The question was: Adoption of Senate Amendment 1 to Senate Bill 331?
Adopted.
hist12738The question was: Adoption of Senate Amendment 2 to Senate Bill 331?
Adopted.
hist12739Ordered to a third reading.
hist12740Senator Fitzgerald, with unanimous consent, asked that the bill be considered for final action at this time.
Senate Bill 331
hist12742Read a third time.
The question was: Passage of Senate Bill 331?
The ayes and noes were required and the vote was: ayes, 33; noes, 0; absent or not voting, 0; as follows:
Ayes - Senators Carpenter, Cowles, T. Cullen, Darling, Ellis, Erpenbach, Farrow, S. Fitzgerald, Grothman, Gudex, Hansen, Harris, Harsdorf, Jauch, Kedzie, C. Larson, Lasee, Lassa, Lazich, Lehman, Leibham, Miller, Moulton, Olsen, Petrowski, Risser, Schultz, Shilling, L. Taylor, Tiffany, Vinehout, Vukmir and Wirch - 33.
Noes - None.
Absent or not voting - None.
Passed.
Senate Bill 332
Relating to: participation in certain training by unemployment insurance claimants, granting rule-making authority, and making an appropriation.
hist12743Read a second time.
hist12744Ordered to a third reading.
hist12745Senator Fitzgerald, with unanimous consent, asked that the bill be considered for final action at this time.
Senate Bill 332
hist12747Read a third time.
The question was: Passage of Senate Bill 332?
The ayes and noes were required and the vote was: ayes, 33; noes, 0; absent or not voting, 0; as follows:
Ayes - Senators Carpenter, Cowles, T. Cullen, Darling, Ellis, Erpenbach, Farrow, S. Fitzgerald, Grothman, Gudex, Hansen, Harris, Harsdorf, Jauch, Kedzie, C. Larson, Lasee, Lassa, Lazich, Lehman, Leibham, Miller, Moulton, Olsen, Petrowski, Risser, Schultz, Shilling, L. Taylor, Tiffany, Vinehout, Vukmir and Wirch - 33.
Noes - None.
Absent or not voting - None.
Passed.
Senate Bill 334
Relating to: technical excellence higher education scholarships, granting rule-making authority, and making an appropriation.
hist12748Read a second time.
hist12749The question was: Adoption of Senate Amendment 1 to Senate Bill 334?
Adopted.
hist12750Ordered to a third reading.
hist12751Senator Fitzgerald, with unanimous consent, asked that the bill be considered for final action at this time.
Senate Bill 334
hist12753Read a third time.
The question was: Passage of Senate Bill 334?
The ayes and noes were required and the vote was: ayes, 33; noes, 0; absent or not voting, 0; as follows:
Ayes - Senators Carpenter, Cowles, T. Cullen, Darling, Ellis, Erpenbach, Farrow, S. Fitzgerald, Grothman, Gudex, Hansen, Harris, Harsdorf, Jauch, Kedzie, C. Larson, Lasee, Lassa, Lazich, Lehman, Leibham, Miller, Moulton, Olsen, Petrowski, Risser, Schultz, Shilling, L. Taylor, Tiffany, Vinehout, Vukmir and Wirch - 33.
Noes - None.
Absent or not voting - None.
Passed.
Senate Bill 335
Relating to: a tuition reimbursement program for apprentices and employers, granting rule-making authority, and making an appropriation.
hist12755Read a second time.
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