Read.
The question was: Confirmation?
The ayes and noes were required and the vote was: ayes, 33; noes, 0; absent or not voting, 0; as follows:
S92 Ayes - Senators Breske, Brown, Carpenter, Coggs, Cowles, Darling, Decker, Ellis, Erpenbach, S. Fitzgerald, Grothman, Hansen, Harsdorf, Jauch, Kanavas, Kapanke, Kedzie, A. Lasee, Lassa, Lazich, Leibham, Miller, Olsen, Plale, Reynolds, Risser, Robson, Roessler, Schultz, Stepp, Taylor, Wirch and Zien - 33.
Noes - None.
Absent or not voting - None.
Confirmed.
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referrals and receipt of committee reports concerning proposed administrative rules
Relating to restaurants and affecting small businesses.
Submitted by Department of Health and Family Services.
Report received from Agency, February 21, 2005.
Referred to committee on Health, Children, Families, Aging and Long Term Care, February 22, 2005.
Relating to retail food establishments.
Submitted by Department of Agriculture, Trade and Consumer Protection.
Report received from Agency, February 21, 2005.
Referred to committee on Health, Children, Families, Aging and Long Term Care, February 22, 2005.
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CONSIDERATION OF MOTIONS AND RESOLUTIONS
Senate Resolution 3
Relating to: Black History Month and honoring Company F of the 29th USCT.
Read.
The question was: Shall Senate Resolution 3 be adopted?
The ayes and noes were demanded and the vote was: ayes, 33; noes, 0; absent or not voting, 0; as follows:
Ayes - Senators Breske, Brown, Carpenter, Coggs, Cowles, Darling, Decker, Ellis, Erpenbach, S. Fitzgerald, Grothman, Hansen, Harsdorf, Jauch, Kanavas, Kapanke, Kedzie, A. Lasee, Lassa, Lazich, Leibham, Miller, Olsen, Plale, Reynolds, Risser, Robson, Roessler, Schultz, Stepp, Taylor, Wirch and Zien - 33.
Noes - None.
Absent or not voting - None.
Adopted.
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SECOND READING AND AMENDMENTS OF SENATE JOINT RESOLUTIONS AND SENATE BILLS
Senate Bill 8
Relating to: prohibiting the Department of Public Instruction from selecting pupils for the Milwaukee Parental Choice Program on a random basis.
Read a second time.
Senator Schultz, asked unanimous consent that Senate Bill 8 be referred to the committee on Education.
Senator Robson objected.
Senator Schultz moved that Senate Bill 8 be referred to the committee on Education.
The question was: Shall Senate Bill 8 be referred to the committee on Education?
The ayes and noes were demanded and the vote was: ayes, 19; noes, 14; absent or not voting, 0; as follows:
Ayes - Senators Brown, Cowles, Darling, Ellis, S. Fitzgerald, Grothman, Harsdorf, Kanavas, Kapanke, Kedzie, A. Lasee, Lazich, Leibham, Olsen, Reynolds, Roessler, Schultz, Stepp and Zien - 19.
Noes - Senators Breske, Carpenter, Coggs, Decker, Erpenbach, Hansen, Jauch, Lassa, Miller, Plale, Risser, Robson, Taylor and Wirch - 14.
Absent or not voting - None.
Referred.
Senate Bill 11
Relating to: an overtime pay exemption for providers of companionship services.
Read a second time.
Senator Schultz, with unanimous consent, asked that Senate Bill 11 be referred to the committee on Health, Children, Families, Aging and Long Term Care.
Referred.
Senate Bill 12
Relating to: the state minimum wage.
Read a second time.
Senate substitute amendment 1 to Senate Bill 12 offered by Senators Hansen and Robson.
Senator Schultz moved that Senate Bill 12 be referred to the committee on Labor and Election Process Reform.
Senator Risser asked unanimous consent that Senate substitute amendment 1 to Senate Bill 12 be taken up at this time.
Senator Schultz objected.
Senator Risser moved that the rules be suspended and that Senate substitute amendment 1 to Senate Bill 12 be taken up at this time.
The question was: Shall the rules be suspended and Senate substitute amendment 1 to Senate Bill 12 be taken up at this time?
S93 The ayes and noes were demanded and the vote was: ayes, 14; noes, 19; absent or not voting, 0; as follows:
Ayes - Senators Breske, Carpenter, Coggs, Decker, Erpenbach, Hansen, Jauch, Lassa, Miller, Plale, Risser, Robson, Taylor and Wirch - 14.
Noes - Senators Brown, Cowles, Darling, Ellis, S. Fitzgerald, Grothman, Harsdorf, Kanavas, Kapanke, Kedzie, A. Lasee, Lazich, Leibham, Olsen, Reynolds, Roessler, Schultz, Stepp and Zien - 19.
Absent or not voting - None.
Refused.
Senator Kedzie called the question.
The question was: Shall the Senate vote immediately on the current question?
The ayes and noes were demanded and the vote was: ayes, 19; noes, 12; absent or not voting, 2; as follows:
Ayes - Senators Brown, Cowles, Darling, Ellis, S. Fitzgerald, Grothman, Harsdorf, Kanavas, Kapanke, Kedzie, A. Lasee, Lazich, Leibham, Olsen, Reynolds, Roessler, Schultz, Stepp and Zien - 19.
Noes - Senators Breske, Carpenter, Coggs, Decker, Erpenbach, Hansen, Jauch, Lassa, Plale, Risser, Taylor and Wirch - 12.
Absent or not voting - Senators Miller and Robson - 2.
Motion Prevailed.
The question was: Shall Senate Bill 12 be referred to the committee on Labor and Election Process Reform?
The ayes and noes were demanded and the vote was: ayes, 19; noes, 12; absent or not voting, 2; as follows:
Ayes - Senators Brown, Cowles, Darling, Ellis, S. Fitzgerald, Grothman, Harsdorf, Kanavas, Kapanke, Kedzie, A. Lasee, Lazich, Leibham, Olsen, Reynolds, Roessler, Schultz, Stepp and Zien - 19.
Noes - Senators Breske, Carpenter, Coggs, Decker, Erpenbach, Hansen, Lassa, Plale, Risser, Robson, Taylor and Wirch - 12.
Absent or not voting - Senators Jauch and Miller - 2.
Referred.
Senator Risser moved that the Senate stand adjourned until 2:00 P.M.
The question was: Shall the Senate stand adjourned until 2:00 P.M.?
The ayes and noes were demanded and the vote was: ayes, 14; noes, 18; absent or not voting, 1; as follows:
Ayes - Senators Breske, Carpenter, Coggs, Decker, Erpenbach, Hansen, Kapanke, Lassa, Miller, Plale, Risser, Robson, Taylor and Wirch .- 14

Noes - Senators Brown, Cowles, Darling, Ellis, S. Fitzgerald, Grothman, Harsdorf, Kanavas, Kedzie, A. Lasee, Lazich, Leibham, Olsen, Reynolds, Roessler, Schultz, Stepp and Zien -18.

Absent or not voting - Senator Jauch - 1.
Refused.
Senator Plale, with unanimous consent, asked that the Senate stand in recess.
12:20 P.M.
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RECESS
1:22 P.M.
The Senate reconvened.
Senator A. Lasee in the chair.
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