Tuesday, May 10, 2005
11:00 A.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, S. Fitzgerald, Grothman, Hansen, Harsdorf, Jauch, Kanavas, Kapanke, Kedzie, A. Lasee, Lassa, Lazich, Leibham, Olsen, Plale, Reynolds, Risser, Robson, Roessler, Schultz, Stepp, Taylor, Wirch and Zien - 31.
Absent - Senators Erpenbach and Miller - 2.
Absent with leave - None.
The Senate stood for a moment of silent meditation.
The Senate remained standing and Senator Taylor led the Senate in the pledge of allegiance to the flag of the United States of America.
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The Chief Clerk makes the following entries dated Friday, May 06, 2005.
Senate substitute amendment 2 to Senate Bill 78 offered by Senator Harsdorf.
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Read first time and referred:
Senate Bill 202
Relating to: smoking in restaurants and bowling centers and the regulation of smoking by counties, cities, villages, and towns.
By
Senators
S. Fitzgerald, Breske, A. Lasee, Kanavas, Kedzie and Grothman; cosponsored by Representatives J. Fitzgerald, Colon, Hundertmark, Krawczyk, Van Roy, Musser, Meyer, Ott, Stone, F. Lasee, Ainsworth, Albers, Bies, Honadel, Kleefisch, Lamb, Suder and Wood.
To committee on Job Creation, Economic Development and Consumer Affairs.
Senate Bill 203
Relating to: expanding the sales tax exemption for coin-operated laundry services to include all self-service laundry services.
By
Senators
Grothman, Olsen, Roessler, Leibham, Darling, Kanavas, Kedzie, A. Lasee and Lazich; cosponsored by Representatives Van Roy, LeMahieu, Gundrum, Kestell, Towns, Kerkman, Hahn, Strachota, Owens, Gunderson, Townsend, Kreibich, Musser, Hines, Lothian, Albers, Pridemore, J. Fitzgerald, Krawczyk, Vrakas, Pettis and Petrowski.
To committee on Job Creation, Economic Development and Consumer Affairs.
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The committee on Judiciary, Corrections and Privacy reports and recommends:
Assembly Bill 149
Relating to: attorney fees in civil actions.
Concurrence.
Ayes, 4 - Senators
Zien, Roessler, Grothman and Taylor.
Noes, 1 - Senator
Risser.
Assembly Bill 261
Relating to: use of and access to digital recordings of a child's statement in certain court and administrative proceedings.
Concurrence.
Ayes, 5 - Senators
Zien, Roessler, Grothman, Taylor and Risser.
Noes, 0 - None.
Berkos
, Daniel,
of Mauston, as a member of the Public Defender Board, to serve for the term ending May 1, 2008.
Confirmation.
Ayes, 5 - Senators
Zien, Roessler, Grothman, Taylor and Risser.
Noes, 0 - None.
Moore
, James E.,
of Kaukauna, as a member of the Prison Industries Board, to serve for the term ending May 1, 2008.
Confirmation.
Ayes, 5 - Senators
Zien, Roessler, Grothman, Taylor and Risser.
Noes, 0 - None.
WELLS
, Lenard,
of Madison, as Chair of the Parole Commission, to serve for the term ending March 1, 2007.
Confirmation.
Ayes, 5 - Senators
Zien, Roessler, Grothman, Taylor and Risser.
Noes, 0 - None.
David Zien
Chairperson
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State of Wisconsin
Department of Administration
April 29, 2005
The Honorable, The Legislature:
This report is transmitted as required by sec. 20.002(11)(f) of the Wisconsin Statutes, (for distribution to the appropriate standing committees under sec. 13.172(3) Stats.), and confirms that the Department of Administration has found it necessary to exercise the "temporary reallocation of balances" authority provided by this section in order to meet payment responsibilities and cover resulting negative balances during the month of March 2005.
On March 1, 2005, the
Medical Assistance Trust Fund cash balance closed at its intramonth low of a negative $158.3 million. The fund's negative cash balance continued through March 31, 2005, when the fund's cash balance closed at a negative $149.8 million. The deficit is due to federal revenues falling short of estimates included in Wisconsin Act 33. This deficit will decline by $50.0 million in June when revenue is transferred from the general fund to the Medical Assistance Trust Fund as required by
2005 Wisconsin Act 2.
On March 1, 2005, the Wisconsin Health Education Loan Repayment Fund cash balance closed at a negative $1 thousand. This negative balance continued until March 9, 2005, when the fund cash balance closed at a positive $1 thousand. The negative balance was due to the difference in the timing of revenues and expenditures.
On March 31, 2005, the Lottery Fund cash balance closed at a negative $1.7 million. The negative balance was due to the difference in the timing of revenues and expenditures.
The Medical Assistance Trust Fund, Wisconsin Health Education Loan Repayment Fund, and the Lottery Fund shortfalls were not in excess of the statutory interfund borrowing limitations and did not exceed the balances of the funds available for interfund borrowing.
The distribution of interest earnings to investment pool participants is based on the average daily balance in the pool and each fund's share. Therefore, the monthly calculation by the State Controller's Office will automatically reflect the use of these temporary reallocations of balance authority, and as a result, the funds requiring the use of the authority will effectively bear the interest cost.
Sincerely,
Marc J. Marotta
Secretary
Referred to the joint committee on Finance.
executive order #97
Relating to a Proclamation Declaring a State of Emergency
WHEREAS, on May 5, 2005, a forest fire, one of the largest in Wisconsin's history, consumed approximately 4,000 acres in Adams County forcing the evacuation of more than 200 people and imperiling more than 100 structures; and
WHEREAS, over 400 area emergency responders from fire, law enforcement, and emergency medical services responded to this fire, including staff from Wisconsin Emergency Management, the Wisconsin Department of Natural Resources, and the Wisconsin State Patrol; and
WHEREAS, additional personnel and resources are needed to expedite the response and recovery operations in the affected area;
NOW, THEREFORE, I, JIM DOYLE, Governor of the State of Wisconsin, by the authority vested in me by the Constitution and the laws of this state, and specifically by Wis. Stat. s.
166.03(1)(b), do hereby:
Proclaim that a State of Emergency exists in Adams County; and
2.
Direct all state agencies of the State of Wisconsin to assist the above referenced county as appropriate in this response and recovery effort.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Wisconsin to be affixed. Done at the Capitol in the City of Madison this sixth day of May, 2005.
JIM DOYLE
Governor
By the governor:
DOUGLAS LA FOLLETTE
Secretary of State
