Wednesday, April 13, 2005
12:00 P.M.
Ninety-Seventh Regular Session
The Senate met.
The Senate was called to order by Senator Alan Lasee.
The roll was called and the following Senators answered to their names:
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.
Absent - None.
Absent with leave - None.
The Senate stood for a moment of silent meditation.
The Senate remained standing and Senator Cowles led the Senate in the pledge of allegiance to the flag of the United States of America.
__________________
Read and referred:
Senate Bill 169
Relating to: the sales tax imposed on services provided by a temporary help company.
By
Senators
Darling, Reynolds, Lazich, Brown, Grothman, Roessler and Kanavas; cosponsored by Representatives Wieckert, Gottlieb, Jensen, Gard, Kaufert, Wood, Kestell, Bies, Hundertmark, Gunderson, Musser, Hines, Nass, Van Roy, Pettis, Krawczyk, Nischke, Hahn, Kreibich, Vos, Strachota, Stone, Townsend, Albers, Ballweg, Owens, F. Lasee and Pridemore.
To committee on Labor and Election Process Reform.
Senate Bill 170
Relating to: electric service provided by municipal utilities to rental dwellings.
By
Senators
Darling, Grothman, Roessler, Reynolds and Lazich; cosponsored by Representatives Jeskewitz, Nass, Petrowski, Townsend, Van Roy, Ainsworth, Vos, Nerison and F. Lasee.
To committee on Energy, Utilities and Information Technology.
Senate Bill 171
Relating to: the scheduling of referenda to approve school district borrowing or exceed a school district's revenue limit.
By
Senators
A. Lasee, Darling, Grothman, Leibham, Reynolds, Kanavas, Brown, Stepp, Kedzie and Lazich; cosponsored by Representatives Hines, Suder, Freese, Bies, Vukmir, Kerkman, Pettis, Van Roy, Ainsworth, Kreibich, Vos, Musser, Wood, Pridemore, Nass, Gunderson, F. Lasee and Vrakas.
To committee on Labor and Election Process Reform.
__________________
State of Wisconsin
April 8, 2005
The Honorable, The Senate:
Pursuant to Senate Rule
46(2)(c), I am writing to direct that
Senate Bill 43 be withdrawn from the committee on
Housing and Financial Institutions and rereferred to the committee on
Veterans, Homeland Security, Military Affairs, Small Business and Government Reform.
I have obtained the consent of the appropriate chairperson.
Sincerely,
ALAN LASEE
Senate President
State of Wisconsin
April 8, 2005
The Honorable, The Senate:
Pursuant to Senate Rule
46(2)(c), I am writing to direct that
Senate Bill 52 and
Senate Bill 119 be withdrawn from the committee on
Senate Organization and rereferred to the joint committee on
Finance.
I have obtained the consent of the appropriate chairperson.
Sincerely,
ALAN LASEE
Senate President
State of Wisconsin
Office of the Governor
April 12, 2005
The Honorable, The Legislature:
As required by Article V, Section 6 of the Wisconsin Constitution, I am submitting the annual Executive Clemency Report to the Legislature, covering those clemency cases upon which final disposition were rendered for applicants during the 2004 calendar year. Below is a list of applicants that received a full pardon in 2004:
S168
Kimberly (Jones) Abernathy, (date of birth March 22, 1960,) convicted on or about November 16, 1982 of Failure to Report a Change in Circumstances in Milwaukee County and was sentenced to two years probation and restitution. The Governor's Pardon Advisory Board recommended by a vote of 6-0 to grant a pardon. Following the Board's recommendation, Ms. Abernathy was pardoned on January 28, 2004, because of the length of time since her crime and her lack of subsequent contacts with the criminal justice system. In addition, Ms. Abernathy has demonstrated extensive personal growth by entering the nursing profession.
Deirdra Adams, (date of birth December 22, 1964,) convicted on or about March 23, 1987 of Failure to Report Receipt of Income in Milwaukee County and was sentenced to six years probation and restitution. The Governor's Pardon Advisory Board recommended by a vote of 7-0 to grant a pardon. Following the Board's recommendation, Ms. Adams was pardoned on December 20, 2004, because of the length of time since her crime, her lack of subsequent contacts with the criminal justice system and her positive adjustment.
Lyle Ahles, (date of birth June 18, 1929,) convicted on or about May 12, 1947 of Larceny, for taking tires from a car, in Marathon County and was sentenced to one year probation and $51.83 in court costs. The Governor's Pardon Advisory Board recommended by a vote of 7-0 to grant a pardon. Following the Board's recommendation, Mr. Ahles was pardoned on December 20, 2004, because he has shown positive adjustment and has had a lack of criminal justice system contacts for over fifty years.
Robert Downing, (date of birth August 7, 1931,) convicted on or about October 15, 1984 of False Application for Certificate of a Title (Party to a Crime) in La Crosse County and sentenced to three years probation and restitution. The Governor's Pardon Advisory Board recommended by a vote of 4-2 to grant a pardon. Following the Board's recommendation, Mr. Downing was pardoned on January 28, 2004, because of the length of time since his crime and the non-violent nature of the crime.
Joyce Dye, (date of birth August 25, 1955,) convicted on or about August 9, 1974 of Forgery-Uttering, for forging a check in the amount of $187.57, in Milwaukee County, and was sentenced to three years probation and restitution. The Governor's Pardon Advisory Board recommended by a vote of 4-0 to grant a pardon. Following the Board's recommendation, Ms. Dye has demonstrated extensive personal growth by entering the nursing profession, receiving a Licensed Practical Nurse degree in 2002, and continuing her education to become a registered nurse.
Robert Fullerton, (date of birth May 26, 1944,) convicted on or about April 22, 1963 of Burglary for stealing chips, candy and soda from a grocery store; and Attempted Burglary for throwing a bottle through the window of a grocery store in Milwaukee County. Mr. Fullerton was sentenced to one year in jail and probation. The Governor's Pardon Advisory Board recommended by a vote of 4-0 to grant a pardon. Following the Board's recommendation, Mr. Fullerton was pardoned on May 12, 2004 because of the length of time since his crime and his lack of subsequent criminal justice system contacts.
Daniel Ganter, (date of birth December 18, 1963,) convicted on or about October 20, 1983 of Possession of a Controlled Substance with Intent to Deliver to a Prisoner, for attempting to deliver marijuana to a friend in jail, in Marinette County and was sentenced to two years in prison, eighteen months probation, and $30 in restitution. The Governor's Pardon Advisory Board recommended by a vote of 5-1 to grant a pardon. Following the Board's recommendation, Mr. Ganter was pardoned on December 20, 2004 because of the length of time since his crime and his lack of other criminal justice system contacts.
Lori Ann Hansen, (date of birth September 9, 1970,) convicted on or about July 24, 1989 of Forgery, for purchasing less than $250 of clothes with a stolen credit card, in Dane County and was sentenced to three years probation and restitution. The Governor's Pardon Advisory Board recommended by a vote of 6-0 to grant a pardon. Following the Board's recommendation, Ms. Hansen was pardoned on August 25, 2004 because of the length of time since her crime and her lack of other criminal justice system contacts. In addition, she has demonstrated extensive personal growth by obtaining her Bachelor of Social Work from the University of Wisconsin-Whitewater and her Master of Social Work from the University of Wisconsin-Madison. Finally, Ms. Hansen was pardoned because she has become a role model in her community, working with economically disadvantaged families as a social worker.
Donald Klipstein, (date of birth March 23, 1938,) convicted on or about June 18, 1956 of Larceny, for stealing pigeons, in Walworth County and sentenced to not less than one year nor more than three years in prison and two years probation. The Governor's Pardon Advisory Board recommended by a vote of 6-0 to grant a pardon. Following the Board's recommendation, Mr. Klipstein was pardoned on January 28, 2004, because of the length of time since his crime, the non-violent nature of his crime and his positive adjustment.
Gary Linder, (date of birth May 9, 1949,) convicted on or about June 5, 1970 of possession of one gram of marijuana in Dane County and sentenced to two years probation. The Governor's Pardon Advisory Board recommended by a vote of 6-0 to grant a pardon. Following the Board's recommendation, Mr. Linder was pardoned on January 28, 2004 because of the length of time since his crime, the non-violent nature of his crime and valid job concerns. Mr. Linder would not have been able to continue in his professional capacity as a surveillance agent without a pardon.
Darcy Manuel, (date of birth May 27, 1959,) convicted on or about January 14, 1980 of Delivery of a Controlled Substance in Washington County and was sentenced to eighteen months in prison, two years probation and $35 in restitution. The Governor's Pardon Advisory Board was split in their recommendation; three recommended granting a pardon, three recommended to deny a pardon, and one board member abstained. Ms. Manuel was pardoned on December 20, 2004 because of the length of time since her crime, her demonstrated positive adjustment by obtaining her General Educational Development (GED), and her interest in furthering her career in the medical field.
Henry Neal, (date of birth April 19, 1958,) convicted on or about March 20, 1996 of Failure to Support, for not paying child support to his wife while they were temporarily separated, in Milwaukee County and was sentenced to two years in prison, three years probation and restitution. The Governor's Pardon Advisory Board recommended by a vote of 6-0 to grant a pardon. Following the Board's recommendation, Mr. Neal was pardoned on December 20, 2004 because of his extensive personal growth by serving as a foster parent for two children for the past ten years. Mr. Neal and his wife demonstrated substantial need because they have a strong desire to adopt the children. Although the Bureau of Milwaukee Child Welfare was in support of the children being adopted by the Neals, they could not adopt the children without a pardon.
Joseph Plummer, (date of birth November 3, 1961,) convicted on or about November 13, 1980 of Theft, for stealing calves from a farm, in Pierce County and was sentenced to five years probation and $150 in restitution. The Governor's Pardon Advisory Board recommended by a vote of 6-0 to grant a pardon. Following the Board's recommendation, Mr. Plummer was pardoned on January 28, 2004 because of the length of time since his crime and the non-violent nature of his crime. In addition, Mr. Plummer demonstrated positive adjustment by owning and operating a successful general contracting business.
