Calendar of Tuesday , September 20
Representative Huebsch asked unanimous consent that Assembly Joint Resolution 54 be withdrawn from today's calendar and taken up at this time. Granted.
Assembly Joint Resolution 54
Relating to: the life and military service of United States Chief Warrant Officer 2 Joshua Michael Scott.
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Special Guest
Representative Hebl introduced the family of United States Chief Warrant Officer 2 Joshua Michael Scott, including his wife, Sherri, and his mother, Catherine, who addressed the members from the rostrum.
The question was: Shall Assembly Joint Resolution 54 be adopted?
Motion carried.
Representative Huebsch asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 54 be immediately messaged to the Senate. Granted.
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Representative Vrakas asked unanimous consent that the Assembly stand recessed. Granted.
The Assembly stood recessed.
11:45 A.M.
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Recess
3:25 P.M.
The Assembly reconvened.
Speaker Gard in the chair.
Representative Freese asked unanimous consent for a quorum call. Granted.

A quorum was present.
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Representative Turner asked unanimous consent that the Assembly stand recessed. Granted.
The Assembly stood recessed.
3:31 P.M.
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Recess
4:28 P.M.
The Assembly reconvened.
Representative Kaufert in the chair.
A469 Representative Freese asked unanimous consent for a quorum call. Granted.

A quorum was present.
Speaker Pro Tempore Freese in the chair.
Assembly Bill 100
Relating to: state finances and appropriations, constituting the executive budget act of the 2005 legislature.
Item Veto C-4 (Assembly Bill 100 partial veto) Section 140 [as it relates to s. 20.435 (4) (b)] relating to: nursing home rate increase.
The question was: Shall Item Veto C-4 (Nursing Home Rate Increase) of Assembly Bill 100 pass notwithstanding the objections of the Governor?
The roll was taken.
The result follows:
Ayes - Representatives Ainsworth, Albers, Ballweg, Bies, Boyle, Cullen, Davis, J. Fitzgerald, Freese, Friske, Gielow, Gottlieb, Gronemus, Gunderson, Gundrum, Hahn, Hines, Honadel, Huebsch, Hundertmark, Jensen, Jeskewitz, Kaufert, Kestell, Kleefisch, Krawczyk, Kreibich, Krusick, Lamb, F. Lasee, LeMahieu, Loeffelholz, Lothian, McCormick, Meyer, Montgomery, Moulton, Mursau, Musser, Nass, Nerison, Nischke, Ott, Owens, Petrowski, Pettis, Pridemore, Rhoades, Stone, Strachota, Suder, Towns, Townsend, Underheim, Van Roy, Vos, Vrakas, Vukmir, Ward, Wieckert, A. Williams, M. Williams, Wood and Speaker Gard - 64.
Noes - Representatives Benedict, Berceau, Black, Fields, Grigsby, Hebl, Hubler, Kessler, Kreuser, Lehman, Molepske, Nelson, Parisi, Pocan, Pope-Roberts, Richards, Schneider, Seidel, Sheridan, Sherman, Sinicki, Staskunas, Steinbrink, Toles, Travis, Turner, Van Akkeren, Vruwink, Wasserman, Young, Zepnick and Ziegelbauer - 32.
Paired for - Representative Kerkman - 1.
Paired against - Representative Shilling - 1.
Absent or not voting - Representative Colon - 1.
Motion carried.
Representative Colon moved reconsideration of the vote by which Item Veto C-4 (Nursing Home Rate Increase) of Assembly Bill 100 passed notwithstanding the objections of the governor.
Speaker Pro Tempore Freese ruled the motion for reconsideration not in order under Assembly Rule 73 (1)(b).
Representative Kreuser asked unanimous consent that the Assembly return to the vote by which Item Veto C-4 (Nursing Home Rate Increase) of Assembly Bill 100 passed notwithstanding the objections of the governor.
Representative Huebsch objected.
Representative Cullen moved reconsideration of the vote by which Item Veto C-4 (Nursing Home Rate Increase) of Assembly Bill 100 passed notwithstanding the objections of the governor.
Speaker Pro Tempore Freese ruled the motion for reconsideration not in order under Assembly Rule 73 (1)(b).
Representative Black asked unanimous consent that the vote by which Item Veto C-4 (Nursing Home Rate Increase) of Assembly Bill 100 passed notwithstanding the objections of the governor be expunged.
Representative Huebsch objected.
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Representative Gard asked unanimous consent that the Assembly stand recessed. Granted.
The Assembly stood recessed.
6:02 P.M.
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Recess
8:48 P.M.
The Assembly reconvened.
Speaker Pro Tempore Freese in the chair.
Representative Huebsch moved that the Assembly stand adjourned.
Representative Richards objected.
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Point of Order
Representative Richards rose to the point of order that the vote to override the partial Item Veto C-4 (Nursing Home Rate Increase) of Assembly Bill 100 needed 65 votes for a two-thirds majority pursuant to Article V, Section 10 of the Wisconsin Constitution because there were 97 members present for the Call of the roll under the first order of business.
Representative Richards rose to the point of order that the vote to override the partial Item Veto C-4 (Nursing Home Rate Increase) of Assembly Bill 100 was sustained because all members present must vote under Assembly Rule 77 and, therefore, two-thirds required 65 votes.
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Call of the Assembly
Representative Hubler requested a call of the Assembly. There were sufficient seconds.
The Sergeant-at-Arms was directed to close the doors and the Chief Clerk to call the roll.
The Chief Clerk reported that all members of the Assembly were present. Under Assembly Rule 87, the Call of the Assembly was lifted.
Speaker Gard in the chair.
Speaker Pro Tempore Freese in the chair.
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Speaker Pro Tempore Freese asked unanimous consent that the Assembly stand informal. Granted.
The Assembly stood informal.
10:05 P.M.
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Informal
10:18 P.M.
The Assembly reconvened.
Speaker Pro Tempore Freese in the chair.
Representative Gard stated that a point of order may not be raised while a motion to adjourn is before the Assembly pursuant to Assembly Rule 62 (1).
Representative Gard stated that a point of order regarding the vote to override partial Item Veto C-4 (Nursing Home Rate Increase) of Assembly Bill 100 was not properly before the Assembly under Assembly Rule 50 because the partial veto was immediately messaged to the Senate.
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Announcements
Representative Lothian asked unanimous consent that the Assembly adjourn in honor of Samantha and Chad Kerkman and son Ian Gregory, born Sunday, September 18 on the occasion of the birth of their first child. Granted.
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Visitors
During today's session, the following visitors honored the Assembly by their presence and were welcomed by the presiding officer and the members:
Terry McGinitty, administrator and staff members, of Lodi Good Samaritan Nursing Home, guest of Representative Hahn.
Dawn Gilliam, Elizabeth Gosz, Jane Frantz, Stephanie Ludke, Pam St. Ours, Deb Captain, and Matt Gehri from Good Shepherd Services in Seymour, guests of Representative Nelson.
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Adjournment
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