Friday, November 19, 2010
Ninety-Ninth Regular Session
STATE OF WISCONSIN
Senate Journal
The Chief Clerk makes the following entries under the above date.
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Petitions and Communications
State of Wisconsin
Department of Natural Resources
November 12, 2010
The Honorable, The Legislature:
Pursuant to 2009 Act 40 and s. 23.39, Stats., and in compliance with s. 13.172(2) Stats., the Department of Natural Resources respectfully submits a report regarding authorities to protect wildlife and the environment from any adverse impacts of wind energy development in the State.
If you require additional information and explanation regarding these conclusions, please contact Mr. David Siebert, Director of the DNR Office of Energy and Environmental Analysis, at 264-6048.
Sincerely,
matt frank
Secretary
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State of Wisconsin
Department of Natural Resources
November 15, 2010
The Honorable, The Legislature:
The DNR is required to submit the attached Report to the Legislature per s. 23.0916(6), Wis. Stats. this report is to be shared with the Joint Committee on Finance (16 copies), Senate Committee on Environment and Natural Resources (5 copies), and Assembly Committee on Natural Resources (14 copies).
Please contact Mary Rose Teves, Director, Bureau of Community Financial Assistance, at 267-7683 if you should have any questions about this document.
Sincerely,
matt frank
Secretary
Referred to joint committee on Finance.
Referred to committee on Transportation, Tourism, Forestry and Natural Resources.
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State of Wisconsin
Government Accountability Board
November 16, 2010
The Honorable, The Senate:
The following lobbyists have been authorized to act on behalf of the organizations set opposite their names.
For more detailed information about these lobbyists and organizations and a complete list of organizations and people authorized to lobby the 2009-2010 session of the legislature, visit the Government Accountability Board's web site at: http://gab.wi.gov/.
Petersen, Eric J AT&T Wisconsin
Also available from the Wisconsin Government Accountability Board are reports identifying the amount and value of time state agencies have spent to affect legislative action and reports of expenditures for lobbying activities filed by organizations that employ lobbyists.
Sincerely,
kevin kennedy
Director and General Counsel
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State of Wisconsin
Legislative Audit Bureau
November 16, 2010
The Honorable, The Legislature:
We have completed our calendar year 2009 financial audit of the Department of Employee Trust Funds, as requested by the Department and to fulfill our audit requirements under s. 13.94(1)(dd), Wis. Stats. The Department's financial statements report on the financial position and activity of various benefit programs available to state and local public employees, including the Wisconsin Retirement System (WRS) and health and life insurance programs for active and retired employees of the state and participating local governments. The statements and our unqualified opinion on them are included in the Department's 2009 Comprehensive Annual Financial Report (CAFR), which can be found on its Web site.
The largest program administered by the Department is the WRS, which reported net assets of $70.0 billion at the end of 2009 and provided benefits totaling $3.8 billion during 2009. After experiencing significant investment losses and a decrease in net retirement assets of $25.2 billion during 2008, the WRS reported positive investment returns and a net increase in retirement assets of $10.6 billion during 2009. At the end of 2009, the WRS was 88.2 percent funded based on the fair value of its assets and 99.8 percent funded based on standard actuarial measures, which smooth investment returns over a five-year period. As required by s. 13.94(1)(dc), Wis. Stats, the Audit Bureau is currently contracting with an independent actuary to perform an audit of the WRS's consulting actuary.
S881 Accompanying this letter is a management letter we provided to the Department, which includes an auditor's report on internal control and compliance, as required by Government Auditing Standards. We are pleased to note that the Department has been attentive to addressing concerns we noted in past audits about access to certain computer systems.
We also note that the Department is in agreement with our recommendation and is working to address our continuing concern with cash reconciliations on a program level. During 2010, the Department was able to successfully reconcile the differences for some of its programs; however, it continues to investigate the variances in cash balances for the WRS and programs invested in the WRS's Core Fund. The Department anticipates resolving remaining cash differences by the end of 2010. We will continue to monitor and report on the Department's progress in addressing this concern in future audits.
Sincerely,
janice Mueller
State Auditor
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State of Wisconsin
Office of the Governor
April 2, 2009
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 2008 calendar year. Below are the thirty-five applicants who received a full pardon in 2008:
Todd Bents, (date of birth November 17, 1961) convicted on or about December 1, 1988, of Burglary in Barron County, for helping a friend store stolen items in his shed, and sentenced to four months jail, five years probation, and restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Mr. Bents was granted a pardon on January 14, 2008, based on his positive adjustment and extensive personal growth and development. In addition, Mr. Bents would like to hold public office.
Tam'meka Berry, (date of birth July 6, 1973) convicted on or about September 11, 2002, of Two Counts Resisting or Obstructing an Officer in Milwaukee County, for sliding into an officer who was arresting one of her family members, and sentenced to one year probation for each count and thirty days in the House of Corrections for each count. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 3-2. Following the Board's recommendation, Ms. Berry was granted a pardon on January 14, 2008, based on based on a lack of other criminal justice system contacts, valid job concerns, and a substantial need in order to obtain her license to become a professional counselor.
Wayne French, (date of birth August 3, 1963) convicted on or about January 28, 1983, of Party to Delivery of a Controlled Substance in Waukesha County, for selling a half ounce of marijuana, and sentenced to two years prison, thirty days in jail, and two years probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. French was granted a pardon on January 14, 2008, based on lack of other criminal justice system contacts, the non-violent nature of the offense, the length of time since, and valid job concerns in advancing in the trucking industry.
Vickie Harris, (date of birth December 23, 1962) convicted on or about December 13, 1990, of Failure to Report Receipt of Income in Milwaukee County, for failing to report additional income while she was on welfare, and sentenced to three years in prison, three years probation, and restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Ms. Harris was granted a pardon on January 14, 2008, based on her positive adjustment, valid job concerns, the non-violent nature of the offense, and the length of time since the crime.
David Klingenmeyer, (date of birth November 22, 1958) convicted on or about February 18, 1981, of Possession of a Controlled Substance with Intent to Deliver in Rock County, for selling marijuana to friends, and sentenced to two years probation and forty hours of community service. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 5-0. Following the Board's recommendation, Mr. Klingenmeyer was granted a pardon on January 14, 2008, based on his contributions to his community and church, lack of other criminal justice system contacts and the length of time since the crime occurred.
Robert Kriz, (date of birth May 12, 1961) convicted on or about May 30, 1980, of Delivery of a Controlled Substance in Winnebago County, for selling cocaine, and sentenced to thirty days jail and two years probation, and on September 8, 1986 of Possession with Intent to Deliver THC in Winnebago County, for selling marijuana, and sentenced to thirty months in prison. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Kriz was granted a pardon on January 14, 2008, based on his positive adjustment, his desire to obtain employment with the Wisconsin Department of Corrections, the support from members of his community, and the support of both the District Attorney and Judge in the county of conviction.
Edward Montgomery, Jr., (date of birth October 5, 1953) convicted on or about February 3, 1978, of Theft in Milwaukee County, for taking deposits from his place of employment, and sentenced to ten years in prison, four years probation, and restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 5-0. Following the Board's recommendation, Mr. Montgomery was granted a pardon on January 14, 2008, based on based on his positive adjustment, a lack of other criminal justice system offenses, and the length of time since the offense.
David Osterling, (date of birth June 7, 1975) convicted on or about December 8, 1997, of Two Counts of Delivery of THC in Winnebago County, for selling marijuana to a friend on three occasions, and sentenced to thirty days in jail for each count, eighteen months probation for each count, and to pay a fine. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 5-0. Following the Board's recommendation, Mr. Osterling was granted a pardon on January 14, 2008, based on based on based on his positive adjustment, a lack of other criminal justice system contacts, the non-violent nature of the crime, and valid job concerns. Mr. Osterling cannot accept a specific promotion with his employer without a pardon.
S882 Alejandro Vargas, (date of birth January 2, 1979) convicted on or about October 12, 1999, of Forgery- Writings or Objects (Party to a Crime) in Milwaukee County, for stealing a credit card and receiving items purchased from the credit card, and sentenced to one year in the House of Corrections, two years probation, and restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 5-0. Following the Board's recommendation, Mr. Vargas was granted a pardon on January 14, 2008, based on based on his positive adjustment, lack of other criminal justice system contacts, the non-violent nature of the crime, no past criminal record, valid job concerns, and extensive personal growth and development. Mr. Vargas seeks to work in the information securities systems and cannot do so without a pardon.
Christine Alloy, (date of birth September 5, 1969) convicted on or about August 16, 1990, of Delivery of THC in Marinette County, for selling to quarter ounce bags of marijuana to an informant, and sentenced to forty-five days in jail, eighteen months probation, and to pay a fine. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Ms. Alloy was granted a pardon on May 8, 2008, based on her positive adjustment, extensive personal growth and development, and the support from both the District Attorney and Judge in the county of conviction. Ms. Alloy cannot acquire a teaching position without a pardon.
Tiffany Austin, (date of birth October 18, 1971) convicted on or about January 16, 1996, of Failure to Report Receipt of Income and Food Stamp Fraud in Milwaukee County, for failing to report her employment to her caseworker, and sentenced to five years in prison for each county (served concurrent), six months in the House of Corrections, three years probation for each county (served concurrent), and to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 4-1. Following the Board's recommendation, Ms. Austin was granted a pardon on May 8, 2008, based on her positive adjustment, lack of criminal justice contacts and the non-violent nature of the crime.
Leroy Baldwin, (date of birth October 4, 1964) convicted on or about June 1, 1983, of Party to a Crime- Theft in Richland County, for stealing and selling seven cows, and sentenced to four years probation and restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Baldwin was granted a pardon on May 8, 2008, based on his positive adjustment, the non-violent nature of the offense, length of time since the offense, and support from both the District Attorney and Judge in the county of conviction. Mr. Baldwin has obtained his Bachelor's and Master's degrees in Social work and is currently working on his Master's in Business Administration.
Reginald Birt, (date of birth September 2, 1969) convicted on or about September 23, 1992, of Delivery of a Controlled Substance- Cocaine in Milwaukee County, for selling cocaine to an undercover officer on two occasions, and sentenced to four years prison, one year in the House of Corrections, four years probation, one hundred hours of community service, to pay a fine, and restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 5-0. Following the Board's recommendation, Mr. Birt was granted a pardon on May 8, 2008, based on his positive adjustment, length of time since the crime was committed and the recommendation of the Judge in the county of conviction.
Kelli Court, (date of birth March 17, 1967) convicted on or about October 9, 1991, of Party to a Crime of Felony Theft in Shawano County, for selling part of her property to a neighbor which was part of a federal land bank, and sentenced to pay a fine and restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 5-0. Following the Board's recommendation, Ms. Court was granted a pardon on May 8, 2008, based on her positive adjustment, lack of other criminal justice system contacts, the non-violent nature of the offense, length of time since the offense, and no past record.
Gary Domaika, (date of birth November 7, 1969) convicted on or about July 25, 1988, of Burglary in Oneida County, for stealing items from Nicolet College, and sentenced to eight days in jail, two years probation, to pay restitution, and 100 hours of community service. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 4-2. Following the Board's recommendation, Mr. Domaika was granted a pardon on May 8, 2008, based on his positive adjustment and substantial need to re-enlist in the Army National Guard but cannot do so without a pardon.
Christopher Hackbarth, (date of birth August 6, 1974) convicted on or about April 6, 1995, of Burglary in Milwaukee County, for taking an envelope with $1,000 cash from his employer's home, and sentenced to three years prison (stayed), forty-five days in the House of Corrections, three years probation, and one 120 hours of community service. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 4-1. Following the Board's recommendation, Mr. Domaika was granted a pardon on May 8, 2008, based on his positive adjustment and extensive personal growth and development. Mr. Hackbarth obtained his Bachelor's Degree in Accounting and a master's Degree in Business Administration, and would like to pursue a career in these fields, but cannot do so without a pardon.
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