Absent or not voting - None.
Adopted.
Senator Fitzgerald, with unanimous consent, asked that all action be immediately messaged to the Assembly:
Senate Joint Resolution
26
Senate Joint Resolution
28
Senate Joint Resolution
30
Senate Bill 48
Assembly Joint Resolution
14
Assembly Joint Resolution
20
Assembly Joint Resolution
23
Assembly Joint Resolution
29
Assembly Joint Resolution
35
Assembly Joint Resolution
38
Messaged.
Senate Bill 57
Relating to: corrections and sentencing.
Read a second time.
The question was: Adoption of Senate amendment 1 to Senate Bill 57?
The ayes and noes were demanded and the vote was: ayes, 19; noes, 14; absent or not voting, 0; as follows:
Ayes - Senators Cowles, Darling, Ellis, S. Fitzgerald, Galloway, Grothman, Harsdorf, Hopper, Kapanke, Kedzie, Lasee, Lazich, Leibham, Moulton, Olsen, Schultz, Vukmir, Wanggaard and Zipperer - 19.
Noes - Senators Carpenter, S. Coggs, T. Cullen, Erpenbach, Hansen, Holperin, Jauch, C. Larson, Lassa, Miller, Risser, Taylor, Vinehout and Wirch - 14.
Absent or not voting - None.
Adopted.
Senate amendment 2 to Senate Bill 57 offered by Senators Taylor, Vinehout, C. Larson, T. Cullen, Risser, Miller and S. Coggs.
Senator Wanggaard moved that Senate amendment 2 to Senate Bill 57 be laid on the table.
The question was: Shall Senate amendment 2 to Senate
Bill 57 be laid on the table?
The ayes and noes were required and the vote was: ayes, 19; noes, 14; absent or not voting, 0; as follows:
Ayes - Senators Cowles, Darling, Ellis, S. Fitzgerald, Galloway, Grothman, Harsdorf, Hopper, Kapanke, Kedzie, Lasee, Lazich, Leibham, Moulton, Olsen, Schultz, Vukmir, Wanggaard and Zipperer - 19.
Noes - Senators Carpenter, S. Coggs, T. Cullen, Erpenbach, Hansen, Holperin, Jauch, C. Larson, Lassa, Miller, Risser, Taylor, Vinehout and Wirch - 14.
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Absent or not voting - None.
Tabled.
Senate amendment 3 to Senate Bill 57 offered by Senators Holperin, Hansen, Wirch, Lassa, Vinehout and Miller.
Point of Order
Senator S. Fitzgerald raised the point of order that Senate amendment 3 to
Senate Bill 57 was not germane under Senate Rule
50 (6)(b)(4).
The Chair ruled the point of order well taken.
Senator Miller appealed the ruling of the Chair.
The question was: Shall the Decision of the Chair stand as the judgement of the Senate?
The ayes and noes were required and the vote was: ayes, 19; noes, 14; absent or not voting, 0; as follows:
Ayes - Senators Cowles, Darling, Ellis, S. Fitzgerald, Galloway, Grothman, Harsdorf, Hopper, Kapanke, Kedzie, Lasee, Lazich, Leibham, Moulton, Olsen, Schultz, Vukmir, Wanggaard and Zipperer - 19.
Noes - Senators Carpenter, S. Coggs, T. Cullen, Erpenbach, Hansen, Holperin, Jauch, C. Larson, Lassa, Miller, Risser, Taylor, Vinehout and Wirch - 14.
Absent or not voting - None.
The Decision of the Chair stands as the judgement of the Senate.
Senate amendment 4 to Senate Bill 57 offered by Senators Hansen, Wirch, Lassa, Vinehout and Miller.
Point of Order
Senator S. Fitzgerald raised the point of order that Senate amendment 4 to
Senate Bill 57 was not germane under Senate Rule
50 (6)(b)(4).
The Chair ruled the point of order well taken.
Senator Miller appealed the ruling of the Chair.
The question was: Shall the Decision of the Chair stand as the judgement of the Senate?
The ayes and noes were required and the vote was: ayes, 19; noes, 14; absent or not voting, 0; as follows:
Ayes - Senators Cowles, Darling, Ellis, S. Fitzgerald, Galloway, Grothman, Harsdorf, Hopper, Kapanke, Kedzie, Lasee, Lazich, Leibham, Moulton, Olsen, Schultz, Vukmir, Wanggaard and Zipperer - 19.
Noes - Senators Carpenter, S. Coggs, T. Cullen, Erpenbach, Hansen, Holperin, Jauch, C. Larson, Lassa, Miller, Risser, Taylor, Vinehout and Wirch - 14.
Absent or not voting - None.
The Decision of the Chair stands as the judgement of the Senate.
Senator Taylor moved that Senate Bill 57 be referred to the committee on Labor, Public Safety, and Urban Affairs.
The question was: Shall Senate Bill 57 be referred to the committee on Labor, Public Safety, and Urban Affairs?
The ayes and noes were demanded and the vote was: ayes, 13; noes, 20; absent or not voting, 0; as follows:
Ayes - Senators S. Coggs, T. Cullen, Erpenbach, Hansen, Holperin, Jauch, C. Larson, Lassa, Miller, Risser, Taylor, Vinehout and Wirch - 13.
Noes - Senators Carpenter, Cowles, Darling, Ellis, S. Fitzgerald, Galloway, Grothman, Harsdorf, Hopper, Kapanke, Kedzie, Lasee, Lazich, Leibham, Moulton, Olsen, Schultz, Vukmir, Wanggaard and Zipperer - 20.
Absent or not voting - None.
Referral refused.
Senator Erpenbach moved that Senate Bill 57 be laid on the table.
The question was: Shall Senate Bill 57 be laid on the table?
The ayes and noes were demanded and the vote was: ayes, 14; noes, 19; absent or not voting, 0; as follows:
Ayes - Senators Carpenter, S. Coggs, T. Cullen, Erpenbach, Hansen, Holperin, Jauch, C. Larson, Lassa, Miller, Risser, Taylor, Vinehout and Wirch - 14.
Noes - Senators Cowles, Darling, Ellis, S. Fitzgerald, Galloway, Grothman, Harsdorf, Hopper, Kapanke, Kedzie, Lasee, Lazich, Leibham, Moulton, Olsen, Schultz, Vukmir, Wanggaard and Zipperer - 19.
Absent or not voting - None.
Tabling refused.
Ordered to a third reading.
Senator S. Fitzgerald, with unanimous consent, asked that the bill be considered for final action at this time.
Point of Order
Senator Taylor raised the point of order that the bill was not properly before the Senate under Joint Rule
52 and s.
13.525 Wisconsin Statutes.
The Senate stood informal.
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The Chair responded to the point of order citing the bill was not properly before the Senate, due to Joint Rule
52 and Wisconsin Statute 13.525. The Chair noted that this point of order deals with the rules that govern the proceedings of the Senate. Joint Rule
52 establishes the rules that govern proceedings, as well as Article IV Section VIII of the Wisconsin Constitution, which grants each house of the legislature sole authority to govern its own proceedings. The Chair is exercising authority delegated to him and the Senate, by the people of Wisconsin, as reflected in the Constitution. After reviewing Joint Rule
52, the Chair finds nothing in the language that requires the notification that was questioned when the point of order was raised. Under Wisconsin Statute 13.525, the activities of the joint review committee on Criminal Penalties are triggered by the Chairperson of the standing committee to which the criminal penalty bill was referred, and under the statute (5), the Chairperson of the standing committee may request that the Joint Review Committee prepare a report. The language of the statute is permissive, but not mandatory. The Chairman of the standing committee chose not to request a report, and the statute permits the committees in both houses to move forward with the legislation. Upon reviewing the argument on the two points that were raised, the Chair ruled the point of order not well taken.
Senator Taylor appealed the ruling of the Chair.
The question was: Shall the Decision of the Chair stand as the judgement of the Senate?
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The ayes and noes were required and the vote was: ayes, 19; noes, 14; absent or not voting, 0; as follows:
Ayes - Senators Cowles, Darling, Ellis, S. Fitzgerald, Galloway, Grothman, Harsdorf, Hopper, Kapanke, Kedzie, Lasee, Lazich, Leibham, Moulton, Olsen, Schultz, Vukmir, Wanggaard and Zipperer - 19.
Noes - Senators Carpenter, S. Coggs, T. Cullen, Erpenbach, Hansen, Holperin, Jauch, C. Larson, Lassa, Miller, Risser, Taylor, Vinehout and Wirch - 14.
Absent or not voting - None.
The Decision of the Chair stands as the judgement of the Senate.
Senate
Bill 57
Read a third time.
The question was: Shall Senate Bill 57 be passed?
The ayes and noes were demanded and the vote was: ayes, 22; noes, 11; absent or not voting, 0; as follows:
Ayes - Senators Carpenter, Cowles, Darling, Ellis, S. Fitzgerald, Galloway, Grothman, Hansen, Harsdorf, Hopper, Kapanke, Kedzie, Lasee, Lassa, Lazich, Leibham, Moulton, Olsen, Schultz, Vukmir, Wanggaard and Zipperer - 22.
Noes - Senators S. Coggs, T. Cullen, Erpenbach, Holperin, Jauch, C. Larson, Miller, Risser, Taylor, Vinehout and Wirch - 11.
Absent or not voting - None.
Passed.
