One-Hundred and First Regular Session

Tuesday, November 12, 2013

11:01 A.M.

First Order.                         Call of Roll.

Second Order.                     Chief clerk's entries.

Third Order.                       Introduction, first reading and reference of proposals.

Fourth Order.                     Report of committees.

Fifth Order.                         Petitions and communications.

Sixth Order.                        Referrals and receipt of committee reports concerning proposed administrative rules.

Seventh Order.                    Advice and consent of the Senate

QUESTION:          Shall the appointment be confirmed?

Benz, Lisa, of Ellsworth, as a member of the Professional Standards Council for Teachers, to serve for the term ending June 30, 2016.   (Report confirmation recommended by Committee on Education, Ayes 9, Noes 0)

Denor, Gerald, of Menomonee Falls, as an Accountant 3 on the Accounting Examining Board, to serve for the term ending July 1, 2017.   (Report confirmation recommended by Committee on Workforce Development, Forestry, Mining, and Revenue, Ayes 5, Noes 0)

Exo, Karin, of Portage, as a member of the Professional Standards Council for Teachers, to serve for the term ending June 30, 2015.   (Report confirmation recommended by Committee on Education, Ayes 9, Noes 0)

Gaier, John, of Neillsville, as a member of the Professional Standards Council for Teachers, to serve for the term ending June 30, 2015.   (Report confirmation recommended by Committee on Education, Ayes 9, Noes 0)

Hase, Paula, of Wausau, as a member of the Professional Standards Council for Teachers, to serve for the term ending June 30, 2015.   (Report confirmation recommended by Committee on Education, Ayes 9, Noes 0)

Labrake, Kathleen, of Wausau, as an Accountant 5 on the Accounting Examining Board, to serve for the term ending July 1, 2014.   (Report confirmation recommended by Committee on Workforce Development, Forestry, Mining, and Revenue, Ayes 5, Noes 0)

Lepping, Richard, of Madison, as a Public Rep 2 on the Educational Communications Board, to serve for the term ending May 1, 2017.   (Report confirmation recommended by Committee on Education, Ayes 9, Noes 0)

Luedtke, Linda, of Manitowoc, as a member of the Professional Standards Council for Teachers, to serve for the term ending June 30, 2015.   (Report confirmation recommended by Committee on Education, Ayes 9, Noes 0)

Nelson, Sue, of Milwaukee, as a member of the Professional Standards Council for Teachers, to serve for the term ending June 30, 2014.   (Report confirmation recommended by Committee on Education, Ayes 9, Noes 0)

Williams, Gary, of Brown Deer, as a member of the Professional Standards Council for Teachers, to serve for the term ending June 30, 2016.   (Report confirmation recommended by Committee on Education, Ayes 9, Noes 0)

Eighth Order.                      Messages from the Assembly.

Ninth Order.                       Special Orders.

Tenth Order.                       Consideration of motions, resolutions, and joint resolutions not requiring a third reading.

QUESTION:          Shall the joint resolution be adopted?

Senate Joint Resolution 59.  Relating to: early childhood brain development. By Senators Lassa, Olsen, Harris, Darling, Lehman, L. Taylor, Risser and C. Larson; cosponsored by Representatives Ballweg, Pasch, Kestell, Sargent, Mason, Johnson, Barnes, Wright, Ohnstad, Goyke, Wachs, Spiros, Krug and Hulsey.

QUESTION:          Shall the joint resolution be concurred in?

Assembly Joint Resolution 68.  Relating to: commending the Wisconsin Air National Guard 115th Fighter Wing on its 65th anniversary. By Representatives Hesselbein, Sargent, Barca, Barnes, Berceau, Bernier, Bewley, Bies, Billings, Born, Brooks, Danou, Goyke, Hebl, Hulsey, Hutton, Jorgensen, Kahl, Kapenga, Kerkman, Klenke, Knudson, Kolste, Kooyenga, Krug, T. Larson, LeMahieu, Marklein, Milroy, Murphy, Mursau, Nass, Nerison, Nygren, Ohnstad, A. Ott, Petryk, Pridemore, Ringhand, Ripp, Sanfelippo, Schraa, Smith, Spiros, Tauchen, Thiesfeldt, Tittl, Wachs, Weatherston, Williams and Wright; cosponsored by Senators Wirch, Harris, Lehman, Risser, Schultz and Vinehout.

Assembly Joint Resolution 69.  Relating to: the life and public service of Lary J. Swoboda. By Representatives Barca, Weininger, Bies, Sargent, Hulsey, Genrich, Doyle, Berceau, Milroy, Bernard Schaber, Goyke, Tittl, Young, Danou, Jacque, Ohnstad, Krug and A. Ott; cosponsored by Senators Hansen, Risser, Carpenter, Lehman, Cowles, L. Taylor, Vinehout, T. Cullen, Lassa, Lasee, Lazich and Grothman.

Eleventh Order.                  Second reading and amendments of senate joint resolutions and senate bills.

QUESTION:          Shall the joint resolution be ordered to a third reading?

Senate Joint Resolution 57.  Relating to: election of chief justice (first consideration). By Senators Tiffany, Darling, Farrow, Lasee, Moulton, Olsen and Vukmir; cosponsored by Representatives Hutton, August, Krug, Bies, Brooks, Craig, Czaja, Jacque, Kerkman, Kestell, Knodl, LeMahieu, Nass, A. Ott, Pridemore, Sanfelippo, Schraa, Strachota and Tittl.  (Report adoption recommended by committee on Judiciary and Labor, Ayes 3, Noes 2)

QUESTION:          Shall the bill be ordered to a third reading?

Senate Bill 51.  Relating to: the number of mathematics and science credits required for a high school diploma. By Joint Legislative Council.  (Report Senate Substitute Amendment 1 adoption, Ayes 9, Noes 0, Senate Amendment 2 to Senate Substitute Amendment 1 adoption, Ayes 9, Noes 0, passage as amended recommended by committee on Education, Ayes 9, Noes 0)

Senate Amendment 2 to Senate Substitute Amendment 1, and Senate Substitute Amendments 1and 2 pending

Senate Bill 183.  Relating to: the applicability of a county shoreland zoning ordinance in a shoreland area annexed by, or incorporated as, a city or village. By Senators Tiffany, Moulton and Grothman; cosponsored by Representatives Mursau, Swearingen, Bies, Bernier, Brooks, Czaja, Endsley, Kestell, Krug, LeMahieu, Severson, Stroebel and Jacque.  (Report passage recommended by committee on Economic Development and Local Government, Ayes 3, Noes 2)

Senate Substitute Amendment 1 pending

Senate Bill 223.  Relating to: employer access to, and observation of, the personal Internet accounts of employees and applicants for employment; educational institution access to, and observation of, the personal Internet accounts of students and prospective students; landlord access to, and observation of, the personal Internet accounts of tenants and prospective tenants; and providing a penalty. (FE)  By Senators Grothman, Lehman, Lasee, Erpenbach, Hansen, Harris, C. Larson, Miller, Risser and L. Taylor; cosponsored by Representatives Bies, Sargent, Barca, Barnes, Berceau, Bernard Schaber, Bewley, Billings, Clark, Danou, Doyle, Genrich, Goyke, Hebl, Hesselbein, Hintz, Hulsey, Johnson, Jorgensen, Kahl, Kessler, Kolste, Mason, Milroy, Ohnstad, A. Ott, Pasch, Pope, Richards, Riemer, Ringhand, Sinicki, Smith, C. Taylor, Vruwink, Wachs, Wright, Young, Zamarripa, Zepnick, Bernier, Jagler and Shankland.  (Report Senate Substitute Amendment 1 adoption, Ayes 5, Noes 0, passage as amended recommended by committee on Judiciary and Labor, Ayes 5, Noes 0)

Senate Substitute Amendment 1 pending

Senate Bill 271.  Relating to: substitute special education teachers and paraprofessional staffing services. (FE)  By Senators Olsen and Harsdorf; cosponsored by Representatives Kestell, Thiesfeldt, Spiros, Murphy, Brooks and Knodl.  (Report Senate Amendment 1 adoption, Ayes 9, Noes 0, passage as amended recommended by committee on Education, Ayes 9, Noes 0)

Senate Amendment 1 pending

Senate Bill 314.  Relating to: the effect of changes in requirements for development-related permits or authorizations on persons who apply for the permits or authorizations. By Senators Lasee and Gudex; cosponsored by Representatives Murphy, Barca, Jacque, Steineke, Bewley, Bernier, Ballweg, Petryk and Vruwink.  (Report Senate Amendment 2 adoption, Ayes 7, Noes 0, Senate Amendment 4 adoption, Ayes 4, Noes 3, passage as amended recommended by committee on Government Operations, Public Works, and Telecommunications, Ayes 4, Noes 3)

Senate Amendments 2 and 4 pending

Senate Bill 321.  Relating to:  limitation of a property owner's liability when lands are used for noncommercial aviation. By Senators Leibham, Grothman, Gudex, Hansen, Harsdorf and Lassa; cosponsored by Representatives Tittl, Bies, Brooks, Kaufert, Kestell, Knodl, T. Larson, Murphy, Murtha, Ripp, Smith and Thiesfeldt.  (Report Senate Amendment 1 adoption, Ayes 5, Noes 0, passage as amended recommended by committee on Judiciary and Labor, Ayes 3, Noes 2)

Senate Substitute Amendment 1 and Senate Amendment 1 pending

Senate Bill 338.  Relating to: expanding the authority of towns to create tax incremental financing districts. (FE)  By Senator Petrowski; cosponsored by Representatives Brooks and Kerkman.  (Report Senate Amendment 1 adoption, Ayes 5, Noes 0, Senate Amendment 2 adoption, Ayes 5, Noes 0, Senate Amendment 3 adoption, Ayes 5, Noes 0, passage as amended recommended by committee on Economic Development and Local Government, Ayes 4, Noes 1)

Senate Amendments 1, 2 and 3 pending

Senate Bill 341.  Relating to: the maximum width of, and projecting loads on, vehicles carrying poles, pipe, girders, and similar materials. By Senators Petrowski, Cowles, Grothman, Kedzie, Schultz and Tiffany; cosponsored by Representatives Ripp, Brooks, Bewley, Clark, Czaja, Danou, Kahl, T. Larson, Milroy, Mursau, Nygren, A. Ott, Smith, Spiros, Vruwink and Williams.  (Report passage recommended by committee on Transportation, Public Safety, and Veterans and Military Affairs, Ayes 5, Noes 0)

Senate Bill 371.  Relating to: nitrogen oxide emission standards for certain simple cycle combustion turbines. (FE)  By Senator Farrow; cosponsored by Representative Kerkman.  (Report passage recommended by committee on Natural Resources, Ayes 5, Noes 0)

Senate Bill 384.  Relating to: the laws of trusts, the Uniform Trust Code, the Uniform Principal and Income Act, powers of appointment, and changes to estate recovery and divestment provisions relating to public assistance programs. (FE)  By Senators Farrow and Risser; cosponsored by Representative Sanfelippo.  (Report Senate Amendment 1 adoption, Ayes 7, Noes 0, passage as amended recommended by committee on Government Operations, Public Works, and Telecommunications, Ayes 7, Noes 0)

Senate Amendment 1 pending

Twelfth Order.                    Second reading and amendments of assembly joint resolutions and assembly bills.

QUESTION:          Shall the bill be ordered to a third reading?

Assembly Bill 28.  Relating to: criteria for supervised release from commitment as sexually violent persons, placement of females committed as sexually violent persons, permitted outings under direct supervision for individuals on supervised release, and supervised release and discharge of individuals committed as sexually violent persons. By Joint Legislative Council.  (Report concurrence recommended by committee on Transportation, Public Safety, and Veterans and Military Affairs, Ayes 5, Noes 0)

Assembly Bill 119.  Relating to: the regulation of oleoresin of capsicum in containers sold in this state. (FE)  By Representatives Thiesfeldt, Jacque, Kolste, T. Larson, Petryk, Bies, LeMahieu, Brooks, Bernier, Ohnstad, Schraa, Ballweg and Spiros; cosponsored by Senators Lasee and Gudex.  (Report concurrence recommended by committee on Judiciary and Labor, Ayes 3, Noes 2)

Assembly Bill 169.  Relating to: the consumption of alcohol beverages on commercial quadricycles and providing a penalty. By Representatives Stone, Zepnick, Ohnstad, A. Ott, Sanfelippo, Kooyenga and Honadel; cosponsored by Senators Grothman and L. Taylor.  (Report concurrence recommended by committee on Agriculture, Small Business, and Tourism, Ayes 9, Noes 0)

Assembly Bill 174.  Relating to: payment of county medical examiners and medical examiner's assistants. By Representatives Murtha, Bernier, Bies, Born, Brooks, Knudson, T. Larson, Marklein, Murphy, A. Ott, Ringhand, Ripp, Spiros, Strachota, Wright and Vruwink; cosponsored by Senators Harsdorf, Grothman and Jauch.  (Companion Senate Bill 156 report passage recommended by committee on Judiciary and Labor, Ayes 5, Noes 0)

Assembly Bill 191.  Relating to:  theft of communication and video services, civil damages resulting from the theft of certain services, and providing penalties. (FE)   By Representatives Kleefisch, Petryk and Ripp; cosponsored by Senators Farrow, Lasee and Leibham.  (Report concurrence recommended by committee on Government Operations, Public Works, and Telecommunications, Ayes 7, Noes 0)

Assembly Bill 248.  Relating to: restricting the release of credit information about certain protected individuals and providing a penalty. (FE)  By Representatives Thiesfeldt, Stone, Hebl, Kahl, Jacque, Loudenbeck, Spiros, Ballweg, Williams, Brooks, Pope, A. Ott, Ohnstad, Wright, Berceau, Ripp, Pridemore, Tittl and Bernier; cosponsored by Senators Schultz, Risser, Gudex, L. Taylor, Grothman and Hansen.  (Companion Senate Bill 283 report Senate Substitute Amendment 1 adoption, Ayes 5, Noes 0, passage as amended recommended by committee on Financial Institutions and Rural Issues, Ayes 5, Noes 0)

Assembly Bill 277.  Relating to: rule-making procedures and modifying and repealing various rules promulgated by the Department of Financial Institutions. (FE)  By Representatives Craig, Hintz, Ballweg, Hutton, Kahl, LeMahieu, Ohnstad, Sanfelippo, Sargent, Stroebel, Marklein, Zepnick and Honadel; cosponsored by Senator Gudex.  (Report concurrence recommended by committee on Financial Institutions and Rural Issues, Ayes 5, Noes 0)

Assembly Bill 352.  Relating to: allowing placement of net pens in navigable waters under a statewide general permit and exceptions for certain requirements that apply to fish farms. (FE)  By Representatives Bies, A. Ott, T. Larson, Czaja, Tittl, Williams and Stroebel; cosponsored by Senators Lasee, Kedzie, Tiffany and Miller.  (Report concurrence recommended by committee on Natural Resources, Ayes 5, Noes 0)

Assembly Bill 359.  Relating to: authorizing the Department of Natural Resources to lease state forest land to the Boulder Junction Shooting Range for terms not exceeding 30 years. (FE)  By Representatives Swearingen, Czaja, Tittl, Sanfelippo, Marklein, Brooks, T. Larson, Bernier, Murtha, Kleefisch, Pridemore and A. Ott; cosponsored by Senators Tiffany and Grothman.  (Report concurrence recommended by committee on Natural Resources, Ayes 5, Noes 0)

Assembly Bill 373.  Relating to: electronic delivery by property and casualty insurers of notices and documents. By Representatives Weininger, Nygren, Craig, A. Ott, Spiros, T. Larson, Ohnstad, Czaja, Stone, Kooyenga, Knudson, Tittl, Born, Ballweg, Kahl, Knodl, Bies, Jagler, Kleefisch, Stroebel, Nass, Petryk, Goyke, Danou, Kolste, Murphy, LeMahieu and Bewley; cosponsored by Senators Lasee, L. Taylor, Olsen, Shilling, Lassa and Gudex.  (Companion Senate Bill 292 report adoption of Senate amendment 1 to Senate Substitute Amendment 1, Ayes 4, Noes 1, adoption of Senate Substitute Amendment 1, Ayes 4, Noes 1, passage as amended recommended by committee on Insurance and Housing, Ayes 4, Noes 1)

Assembly Bill 380.  Relating to: a cumulative preference system for sturgeon spearing permits and the transfer of a sturgeon spearing license to a minor. (FE)  By Representatives Steineke, Jacque, Kaufert, Milroy, A. Ott, Thiesfeldt and Tittl; cosponsored by Senators Ellis, Cowles and Gudex.  (Report concurrence recommended by committee on Natural Resources, Ayes 5, Noes 0)

Assembly Bill 415.  Relating to: changing the method by which a municipality may collect the costs of razing a building from a property owner. (FE)  By Representatives Nygren, Tittl, Bernier, Bewley, Brooks, Doyle, Kahl, Kooyenga, Krug, LeMahieu, Marklein, Murphy, Mursau, Petersen, Smith, Strachota, Tranel and Weatherston; cosponsored by Senators Olsen, Cowles, T. Cullen, Leibham, Schultz and Wirch.  (Companion Senate Bill 328 report passage recommended by committee on Economic Development and Local Government, Ayes 5, Noes 0)

Assembly Bill 449.  Relating to: coverage of certain individuals engaged in sales activity outside a permanent retail establishment under the unemployment insurance law. (FE)  By Representatives Knodl, Bies, Czaja, Murphy, Nass, A. Ott and Tittl; cosponsored by Senator Grothman.  (Companion Senate Bill 365 report Senate Amendment 1 adoption, Ayes 5, Noes 0, passage as amended recommended by committee on Judiciary and Labor, Ayes 3, Noes 2)

Thirteenth Order.               Third reading of joint resolutions and bills.

Fourteenth Order.              Motions may be offered.

Fifteenth Order.                  Announcements, adjournment honors, and remarks under special privilege.

Sixteenth Order.                 Adjournment.