Ayes - Senators Brown, Cowles, Darling, Ellis, S. Fitzgerald, Grothman, Harsdorf, Kanavas, Kapanke, Kedzie, A. Lasee, Lazich, Leibham, Olsen, Reynolds, Schultz, Stepp and Zien - 18.
Noes - Senators Breske, Carpenter, Coggs, Decker, Erpenbach, Hansen, Jauch, Lassa, Miller, Plale, Risser, Robson, Taylor and Wirch - 14.
Absent or not voting - Senator Roessler - 1.
Rejected.
Ordered to a third reading.
Senator Kedzie, with unanimous consent, asked that the bill be considered for final action at this time.
Senator Zien, with unanimous consent, asked that the Journal reflect that he would have voted aye on Assembly Bill 498.
Assembly Bill 844
Read a third time.
The ayes and noes were required and the vote was: ayes, 27; noes, 6; absent or not voting, 0; as follows:
Ayes - Senators Breske, Brown, Carpenter, Coggs, Darling, Decker, Ellis, Erpenbach, S. Fitzgerald, Grothman, Hansen, Harsdorf, Jauch, Kanavas, Kapanke, Kedzie, A. Lasee, Lassa, Lazich, Leibham, Olsen, Plale, Roessler, Schultz, Stepp, Taylor and Zien - 27.
Noes - Senators Cowles, Miller, Reynolds, Risser, Robson and Wirch - 6.
Absent or not voting - None.
Concurred in.
Senator Schultz, with unanimous consent, asked that Assembly Bill 844 be immediately messaged to the Assembly.
Senator Schultz, with unanimous consent, asked that Assembly Joint Resolution 69 be withdrawn from the committee on Senate Organization and taken up.
Assembly Joint Resolution 69
Relating to: the life and public service of Dr. H. Rupert Theobald.
Senator Risser, with unanimous consent, asked that all members of the Senate be added as cosponsors of Assembly Joint Resolution 69.
The question was: Shall Assembly Joint Resolution 69 be concurred in?
Concurred in.
Senator Schultz, with unanimous consent, asked that Assembly Joint Resolution 69 be immediately messaged to the Assembly.
__________________
Senator Jauch, with unanimous consent, asked that when the Senate adjourn, it do so in honor of his staff member Sarah Lundquist Nuutinen, her husband, Aaron Nuutinen, and their new daughter Estelle Mary Nuutinen. Estelle was born on November 17 and will be three weeks old tomorrow. Mother and baby are doing well.
Senator Darling, with unanimous consent, asked that when the Senate adjourn, it do so in honor of her son William Darling who recently became engaged to Nancy Anders.
Senator Wirch, with unanimous consent, asked that when the Senate adjourn, it do so in honor of his insurance agent, Peter Braun, who recently sold his business to David Insurance, and will be retiring at the end of this year. Peter began working in his father's agency around 1964, and has been working in the business ever since. Senator Wirch would like to wish Peter a happy retirement.
Senator Kapanke, with unanimous consent, asked that when the Senate adjourn, it do so in honor of the men and women who lost their lives on December 7, 1941 at Pearl Harbor.
Senator Schultz, with unanimous consent, asked that when the Senate adjourn, it do so in honor of former LRB Director Dr. Rupert H. Theobald and that the following remarks of former Assembly Speaker Tom Loftus at Dr. Theobald's funeral be spread upon the Journal:
My condolences to the family of Dr. Rupert Theobald, and my thanks to you on behalf of generations of grateful legislators for sharing him with us.
S492
On my first trip to Berlin in 1985, it was then usually referred to a divided Berlin, one of my hosts was the caretaker of the Reichstag. He watched over the building, keeping it not as a museum but as the parliament in waiting for the day of reunification. The chamber was there with all the seats, the podium, the press gallery, waiting for the return of the deputies. In 1933, the Nazis came to power and the same year the Reichstag was set on fire. It was not rebuilt. The burned out shell of the building remained. A prominent reminder on the skyline of the impotence and failure of democracy as a way to govern. The Berlin of the shattered parliament was the one Rupert grew up in and the one he left when he came to Wisconsin in 1950.
When Rupert arrived, Joe McCarthy was in the United States Senate and Walter Kohler had just defeated a young Carl Thompson in the Governor's race. Joe would go and Carl went on to a long and admirable service in the State Senate. Rupert would have been keenly aware of all of this as he came here to learn to be a journalist. The Legislature was lucky Rupert ended up at the Legislative Reference Bureau. Because there are elections does not mean there is a democracy. Because there is a Legislature or parliament does not mean there is a democracy. When those elected get to office they have to find there an institution that itself is democratic. That is the trick of it all. The LRB was and is the democratic center that holds the Wisconsin's Legislature.
I am witness here to tell you that democracy in the Legislature weakened considerably about three in the morning when trying to pass a budget bill. It is this hour that popular will collides with unpopular individual liberties, even unpopular individuals. This is when I would walk to the LRB and into Rupert's office to talk about what could be done, what could not be done, and what should not be done. Rupert was the keeper of the precedent, the gatekeeper for the Constitution, and the alter ego for the leader.
And as a legislative leader your ego is so big you are shocked to learn there is someone to counsel you. That knows you well, and knew those that came before. He sees you as not there, but passing through, and that you owe considerable respect to those who tended the democratic garden before you, and you need to leave it without weeds and thorny bushes. So all this was the gift of Rupert.
But it was also that democracy is of institutions and they are not self-perpetuating. They are only as good as the men and women who have them in their temporary care.
So thank you Dr. Theobald.
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Senator Schultz, with unanimous consent, asked that the Senate adjourn.
Adjourned.
4:18 P.M.
Motions Under Senate Rule
98 and Joint Rule
7
for the Month of November 2005
A certificate of commendation by the Wisconsin Legislature on the motion of Senator Lasee, for The Ariens Company, on the occasion of producing their two millionth Sno-Thro.
A certificate of congratulations by the Wisconsin Legislature on the motion of Senator Cowles, for Ashwaubenon Jaguars High School Football team, on the occasion of winning the 2005 WIAA Division 2 State Championship.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Hansen, for Steven Baur, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of commendation by the Wisconsin Legislature on the motion of Senator Grothman, for Adam Bazelak, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of commendation by the Wisconsin Legislature on the motion of Senator Grothman, for Matthew Braunschweig, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Taylor, for Wanda Busey, on the occasion of her nomination for the Presidential Award of Excellence in Mathematics and Science.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Lazich, for Matthew James Coughlin, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Legislature on the motion of Senator Kanavas, for Matthew Dykehouse, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Lazich, for Jonathan Egan, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Legislature on the motion of Senator Schultz, for Catherine Farrey on the occasion of her retirement from state service after 30 years of distinguished service.
A certificate of congratulations by the Wisconsin Legislature on the motion of Senator Roessler, for Tom Galecki, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Cowles, for Andy Hopfensperger, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Decker, for Derek Johnson, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Coggs, for Reverend Doctor Samuel C. Jones, on the occasion of his retirement after many years of dedicated service to Galilee Missionary Baptist Church.
A certificate of congratulations by the Wisconsin Legislature on the motion of Senator Cowles, for Nick Machesney, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Legislature on the motion of Senator Kanavas, for Bryan McManus, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Erpenbach, for the Middleton High School, on the occasion of being recognized by the United States Department of Education with the No Child Left Behind Blue Ribbon Award.
S493
A certificate of commendation by the Wisconsin Legislature on the motion of Senator Grothman, for Matthew Muelling, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Reynolds, for Matthew S. Olsen, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of commendation by the Wisconsin Legislature on the motion of Senator Fitzgerald, for Radloff's Cheese, Inc., on the occasion of their many years of contributions to the dairy industry and cheesemaking in Wisconsin.
A certificate of congratulations by the Wisconsin Legislature on the motion of Senator Harsdorf, for the River Falls High School Marching Wildcats, on the occasion of winning the Overall Performance in the state competition.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Hansen, for the family and friends of Roger C. Sachs, on the occasion of his remarkable life.
A certificate of congratulations by the Wisconsin Legislature on the motion of Senator Kanavas, for Daniel Scott, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Erpenbach, for the York Memorial Lutheran Church, on the occasion of celebrating its 150th anniversary.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Schultz, for Schmitt Woodland Hills Retirement Community, on the occasion of celebrating 40 years of providing quality care and service.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Erpenbach, for Dustin James Venske, on the occasion of earning and attaining the rank of the Eagle Scout Award.