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State of Wisconsin
Revisor of Statutes Bureau
Madison
DATE: December 1, 2005

TO: Patrick E. Fuller
Assembly Chief Clerk

Robert Marchant
Senate Chief Clerk
FROM: Gary L. Poulson
Assistant Revisor of Statutes

SUBJECT: Rules published in the November 30, 2005, Wisconsin Administrative Register, No. 599.
The following rules have been published:
Clearinghouse Rule 04-077 effective 12-01-2005
Clearinghouse Rule 04-106 effective 12-01-2005
Clearinghouse Rule 05-018 effective 12-01-2005
Clearinghouse Rule 05-027 effective 12-01-2005
Clearinghouse Rule 05-031 effective 12-01-2005
Clearinghouse Rule 05-065 effective 12-01-2005
Clearinghouse Rule 05-070 effective 12-01-2005
Clearinghouse Rule 05-076 effective 12-01-2005
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Special Guest
Representative Colon introduced Ignacio Contreras from Milwaukee, who addressed the members from the rostrum.
Representative Colon asked unanimous consent that Assembly Joint Resolution 26 be taken from the table. Granted.
Assembly Joint Resolution 26
Relating to: commending Ignacio Contreras' courage and determination to overcome the challenges as he faces, most notably his fight against cancer.
The question was: Shall Assembly Joint Resolution 26 be adopted?
Motion carried.
Representative Huebsch asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 26 be immediately messaged to the Senate. Granted.
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Special Guest
Representative Gunderson introduced Alice in Dairyland, Gena Cooper from Mukwonago, who addressed the members from the rostrum.
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Representative J. Fitzgerald asked unanimous consent that the Assembly stand recessed. Granted.
The Assembly stood recessed.
11:38 A.M.
A647__________________
Recess
2:57 P.M
The Assembly reconvened.
Speaker Pro Tempore Freese in the chair.
Representative Richards asked unanimous consent for a quorum call. Granted.

A quorum was present.
Representative Lamb asked unanimous consent that his leave of absence be lifted. Granted.
Representative Fields asked unanimous consent that his leave of absence be lifted. Granted.
Representative Grigsby asked unanimous consent that her leave of absence be lifted. Granted.
Representative Molepske asked unanimous consent that his leave of absence be lifted. Granted.
Representative Steinbrink asked unanimous consent that his leave of absence be lifted. Granted.
Representative Zepnick asked unanimous consent that his leave of absence be lifted. Granted.
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Representative Huebsch asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 69 be withdrawn from the committee on Rules and taken up at this time. Granted.
Assembly Joint Resolution 69
Relating to: the life and public service of Dr. H. Rupert Theobald.
The question was: Shall Assembly Joint Resolution 69 be adopted?
Motion carried.
Representative Huebsch asked unanimous consent that all members of the Assembly be made coauthors of Assembly Joint Resolution 69. Granted.
Representative Huebsch asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 69 be immediately messaged to the Senate. Granted.
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Representative Travis asked unanimous consent that the remarks by former speaker Tom Loftus at Rupert Theobald's funeral be entered into the Assembly Journal. Granted.
"My condolences to the family of Dr. Rupert Theobald, and my thanks to you on behalf of generations of grateful legislators for sharing him with us.
On my first trip to Berlin in 1985-it was then usually referred to as "divided" Berlin-one of my hosts was the caretaker of the Reichstag.
He watched over the building, keeping it not as a museum but as the parliament in waiting for the day of reunification.
The chamber was there with all the seats, the podium, the press gallery, waiting for the return of the deputies. In 1933, the Nazis came to power and the same year the Reichstag was set on fire. It was not rebuilt. The burnt out shell of the building remained. A prominent reminder on the skyline of the impotence and failure of democracy as a way to govern.
The Berlin of the shattered parliament was the one Rupert grew up in and the one he left when he came to Wisconsin in 1950.
When Rupert arrived, Joe McCarthy was in the United States Senate and Walter Kohler had just defeated a young Carl Thompson in the governor's race.
Joe would go and Carl went on to a long and admirable service in the State Senate.
Rupert would have been keenly aware of all of this as he came here to learn to be a journalist.
The Legislature was lucky Rupert ended up at the Legislative Reference Bureau.
Because there are elections does not mean there is a democracy.
Because there is a legislature or parliament does not mean there is a democracy.
When those elected get to office they have to find there an institution that is itself democratic.
That is the trick of it all.
The LRB was and is the democratic center that holds the Wisconsin Legislature.
I am a witness here to tell you that democracy in the Legislature weakened considerably about 3 in the morning when trying to pass a budget bill.
It is this hour that popular will collides with unpopular individual liberties -even unpopular individuals.
This is when I would walk to the LRB and into Rupert's office to talk about what could be done, what could not be done, and what should not be done.
Rupert was the keeper of precedent; the gatekeeper for the Constitution; and the alter ego for the leader.
And as a legislative leader your ego is so big you are shocked to learn there is someone to counsel you. That knows you well, and knew those that came before. He sees you as not there but passing through, and that you owe considerable respect to those who tended the democratic garden before and you need to leave it without weeds and thorny bushes.
A648 So all this was the gift of Rupert. But it was also that democracy is of institutions and they are not self-perpetuating-they are only as good as the men and women who have them in their temporary care.
So thank you Dr. Theobald."
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Representative Kreibich asked unanimous consent that his leave of absence be lifted. Granted.
Calendar of Tuesday , December 6
Assembly Bill 26
Relating to: entering into the wildlife violator compact.
The question was: Shall Assembly amendment 1 to Assembly substitute amendment 1 to Assembly Bill 26 be adopted?
Motion carried.
The question was: Shall Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 26 be adopted?
Motion carried.
The question was: Shall Assembly amendment 3 to Assembly substitute amendment 1 to Assembly Bill 26 be adopted?
Motion carried.
The question was: Shall Assembly substitute amendment 1 to Assembly Bill 26 be adopted?
Motion carried.
The question was: Shall Assembly Bill 26 be ordered engrossed and read a third time?
Motion carried.
Representative Huebsch asked unanimous consent that the rules be suspended and that Assembly Bill 26 be given a third reading. Granted.
The question was: Assembly Bill 26 having been read three times, shall the bill be passed?
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