Amendment ASA5-AR14

LRBs0457/1

RAC:kjf:jf

2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 5, TO 2009 ASSEMBLY RESOLUTION 14

April 20, 2010 - Offered by Representative Nass.

AR14-ASA5,1,2 Relating to: the expulsion of Jeffrey Wood, a representative from the 67th Assembly District, from membership in the Wisconsin state assembly.

AR14-ASA5,1,5 Whereas, the Wisconsin Constitution, under article IV, section 8, envisions the need of each house of the legislature to address "contempt and disorderly behavior" of its membership by authorizing a process for expelling a member; and

AR14-ASA5,1,9 Whereas, the Wisconsin state assembly has adopted Assembly Rule 21, providing three options including expulsion for punishing members that have conducted themselves in a manner not conforming to reasonable standards of ethics or moral behavior; and

AR14-ASA5,1,12 Whereas, Jeffrey Wood currently serves as the representative to the assembly from the 67th Assembly District for the term of the 2009-2010 legislative session; and

AR14-ASA5,2,3 Whereas, on October 21, 2009, Representative Wood was arrested on the suspicion of operating a motor vehicle while under the influence and bail jumping in Monroe County, which could result in his fifth offense under Wisconsin law; and

AR14-ASA5,2,6 Whereas, Representative Wood's dangerous conduct on October 21, 2009, was reported by a citizen in the city of Tomah in Monroe County who witnessed his impaired driving; and

AR14-ASA5,2,9 Whereas, Representative Wood was arrested with 12 tablets of Amoxicillin in an Augmentin prescription bottle, 22 capsules of Fluoxetine, 55 tablets of Naproxen, and 13 additional tablets of Amoxicillin in its container on October 21, 2009; and

AR14-ASA5,2,12 Whereas, on September 23, 2009, Representative Wood was arrested on the suspicion of driving under the influence in Marathon County, which could result in his fourth offense under Wisconsin law; and

AR14-ASA5,2,15 Whereas, Representative Wood's dangerous conduct on September 23, 2009, was reported by a citizen driving in Marathon County who witnessed his erratic driving; and

AR14-ASA5,2,18 Whereas, the Wisconsin state patrol reports finding a bottle of prescription medication, Lorazepam, with only seven of the 45 pills remaining in a prescription issued on September 22, 2009, and a partially consumed bottle of cough syrup; and

AR14-ASA5,2,21 Whereas, Representative Wood told a Wisconsin state patrol trooper that he had taken double the prescribed dosage of Lorazepam and two doses of cough syrup on September 23, 2009; and

AR14-ASA5,2,25 Whereas, on March 10, 2010, the Wisconsin State Laboratory of Hygiene reported that a blood sample taken from Representative Wood on September 23, 2010, contained the following drugs: Lorazepam, Fluoxetine, Norfluoxetine, Doxylamine, and Dextromethorphan; and

AR14-ASA5,3,3 Whereas, the Wisconsin State Laboratory of Hygiene reported that the level of Dextromethorphan was nearly nine times higher than the nonabusive therapeutic range; and

AR14-ASA5,3,8 Whereas, the U.S. Drug Enforcement Administration has identified Dextromethorphan, an ingredient in certain cold medicines, as a commonly abused medication to generate euphoria and hallucinations (both visual and auditory), and is also known as "the poor man's PCP" or "Robo-tripping," which is derived from the product Robitussin; and

AR14-ASA5,3,11 Whereas, on December 12, 2008, Representative Wood was arrested for driving under the influence, possession of 4.9 grams of marijuana, and possession of drug paraphernalia in Columbia County; and

AR14-ASA5,3,15 Whereas, Representative Wood's dangerous conduct on December 12, 2008, was reported by citizens who witnessed his erratic driving, which included smashing through a highway sign, and he was found by a Wisconsin state patrol trooper urinating alongside of the highway; and

AR14-ASA5,3,19 Whereas, on April 19, 2010, Representative Jeffrey Wood pled no contest and was found guilty in Columbia County Circuit Court of third offense operating under the influence and possession of drug paraphernalia, both misdemeanors, for his conduct on December 12, 2008; and

AR14-ASA5,3,22 Whereas, on April 19, 2010, Columbia County Circuit Court Judge Daniel S. George sentenced Representative Wood to 45 days in jail, revoked his driver's license for 27 months, and ordered him to use an ignition interlock device for two years; and

AR14-ASA5,3,24 Whereas, Representative Wood fully admitted his conduct of December 12, 2008, during a radio interview; and

AR14-ASA5,4,2 Whereas, on February 4, 2009, Representative Wood was ordered to maintain absolute sobriety as a condition of his bond for the December 12, 2008, arrest; and

AR14-ASA5,4,4 Whereas, Representative Wood had two previous convictions for drunk driving in 1990 and 1991; and

AR14-ASA5,4,9 Whereas, Representative Wood has been involved in three other instances of disorderly behavior as a result of his use of drugs and alcohol, the most serious occurring in 1989 when he was accused of having sex with an underage minor whom he met at a party, for which he eventually plead guilty to a lesser misdemeanor and served one year on probation; and

AR14-ASA5,4,12 Whereas, after his arrest on September 23, 2009, Representative Wood issued a statement saying that he has had a lifelong battle with abusing alcohol and drugs; and

AR14-ASA5,4,15 Whereas, the people of Wisconsin have petitioned their elected state officials to aggressively respond to the ongoing carnage of death and destruction wrought by repeat drunk and drugged drivers; and

AR14-ASA5,4,19 Whereas, on September 17, 2009, the Wisconsin assembly passed 2009 Assembly Bill 283, by a vote of 95 to 0, which makes numerous changes to toughen Wisconsin law on drunk and drugged driving, including making certain fourth offenses a felony; and

AR14-ASA5,4,21 Whereas, Representative Wood voted "aye" on passage of 2009 Assembly Bill 283; and

AR14-ASA5,4,24 Whereas, repeated disorderly behavior by Representative Wood, both before and during public service, has brought disrepute on the Wisconsin state assembly and severely damaged the institution's integrity with the public; and

AR14-ASA5,5,5 Whereas, continued service by Representative Wood is no longer compatible with his oath of office and the reasonable social norms of expected behavior for a member of the assembly, as he continues to deal with his personal conduct issues that frequently lead to dangerous behaviors that jeopardize his life and the life of innocent citizens; now, therefore, be it

AR14-ASA5,5,9 Resolved by the assembly, That Representative Jeffrey Wood is hereby expelled from membership in the Wisconsin state assembly based on his repeated dangerous conduct resulting in his arrests and convictions enumerated in this resolution.

AR14-ASA5,5,10 (End)