The ayes and noes were required and the vote was: ayes, 12; noes, 20; absent or not voting, 1; as follows:
Ayes - Senators Cowles, Darling, S. Fitzgerald, Grothman, Harsdorf, Kanavas, Kedzie, A. Lasee, Lazich, Leibham, Olsen and Schultz - 12.
Noes - Senators Breske, Carpenter, Coggs, Decker, Ellis, Erpenbach, Hansen, Jauch, Kreitlow, Lassa, Lehman, Miller, Plale, Risser, Robson, Roessler, Sullivan, Taylor, Vinehout and Wirch - 20.
Absent or not voting - Senator Kapanke - 1.
Referral Refused.
Senate Bill 259
Read a third time.
The ayes and noes were required and the vote was: ayes, 17; noes, 15; absent or not voting, 1; as follows:
Ayes - Senators Breske, Carpenter, Coggs, Decker, Ellis, Erpenbach, Hansen, Jauch, Kreitlow, Lehman, Miller, Plale, Risser, Robson, Roessler, Taylor and Wirch - 17.
Noes - Senators Cowles, Darling, S. Fitzgerald, Grothman, Harsdorf, Kanavas, Kedzie, A. Lasee, Lassa, Lazich, Leibham, Olsen, Schultz, Sullivan and Vinehout - 15.
Absent or not voting - Senator Kapanke - 1.
Passed.

Second Reading and Amendments of Assembly Joint Resolutions
and Assembly Bills
Assembly Bill 8
Relating to: capturing an image of a nude or partially nude person in a locker room, written policies on privacy in locker rooms, and providing a penalty.
Read a second time.
Senate substitute amendment 1 to Assembly Bill 8 offered by Senator Grothman.
Senator Grothman, with unanimous consent, asked that Senate substitute amendment 1 to Assembly Bill 8 be withdrawn and returned to author.
Senate substitute amendment 2 to Assembly Bill 8 offered by Senator Grothman.
Senator Decker moved rejection of Senate substitute amendment 2 to Assembly Bill 8.
The question was: Rejection of Senate substitute amendment 2 to Assembly Bill 8?
The ayes and noes were required and the vote was: ayes, 16; noes, 16; absent or not voting, 1; as follows:
Ayes - Senators Breske, Carpenter, Coggs, Decker, Erpenbach, Hansen, Kreitlow, Lassa, Lehman, Miller, Plale, Risser, Sullivan, Taylor, Vinehout and Wirch - 16.
Noes - Senators Cowles, Darling, Ellis, S. Fitzgerald, Grothman, Harsdorf, Jauch, Kanavas, Kedzie, A. Lasee, Lazich, Leibham, Olsen, Robson, Roessler and Schultz - 16.
Absent or not voting - Senator Kapanke - 1.
Rejection refused.
The question was: Adoption of Senate substitute amendment 2 to Assembly Bill 8?
The ayes and noes were required and the vote was: ayes, 18; noes, 14; absent or not voting, 1; as follows:
Ayes - Senators Cowles, Darling, Ellis, S. Fitzgerald, Grothman, Harsdorf, Jauch, Kanavas, Kedzie, A. Lasee, Lazich, Leibham, Olsen, Robson, Roessler, Schultz, Sullivan and Vinehout - 18.
S557 Noes - Senators Breske, Carpenter, Coggs, Decker, Erpenbach, Hansen, Kreitlow, Lassa, Lehman, Miller, Plale, Risser, Taylor and Wirch - 14.
Absent or not voting - Senator Kapanke - 1.
Adopted.
Ordered to a third reading.
Senator Decker, with unanimous consent, asked that the bill be considered for final action at this time.
Assembly Bill 8
Read a third time and concurred in as amended.
Assembly Bill 246
Relating to: identification for purposes related to the purchase of alcohol beverages.
Read a second time.
Ordered to a third reading.
Senator Decker, with unanimous consent, asked that the bill be considered for final action at this time.
Assembly Bill 246
Read a third time and concurred in.
Assembly Bill 321
Relating to: designation of state agency status for certain health care facilities that use volunteer providers during a declared state of emergency; declarations of emergencies by counties; immunity from liability for qualified food and emergency household products; creating an interoperability council; and requiring public and private schools to conduct tornado or other hazard drills.
Read a second time.
Senate amendment 2 to Assembly Bill 321 offered by Senators Wirch, Breske and Hansen.
The question was: Adoption of Senate amendment 2 to Assembly Bill 321?
Adopted.
Ordered to a third reading.
Senator Decker, with unanimous consent, asked that the bill be considered for final action at this time.
Assembly Bill 321
Read a third time and concurred in as amended.
Senator Decker, with unanimous consent, asked that all action be immediately messaged to the Assembly.
Messaged.

Announcements, Adjournment Honors, and Remarks Under Special Privilege
Senator Taylor, with unanimous consent, asked that when the Senate adjourn, it do so in honor of Mr. Henry Miller. Henry has been a custodian for the Wisconsin State Capitol since August 4th, 1997. He is an exemplary custodian and has proven many times over that he takes great pride in his work. Mr. Miller has been a close friend to my office and staff and we are all grateful for the chance to have been able to get to know him. Today is Henry's last day as a member of the custodial staff. Please join me in thanking Henry for his admirable work and in wishing him the best in all his future endeavors.
Senator Jauch, with unanimous consent, asked that when the Senate adjourn, it do so in honor of Don Pavel. Don was the director of the Blue Canvas Orchestra, and was also the band's guitar player. Recently, Congressman Dave Obey, who is an excellent musician in his own right, stated that Don Pavel was the best guitar player he had ever heard. Don was a Vietnam war veteran, a member of a helicopter rescue team but it is music that defines Don's passion and life. He had played music since he was 5 years of age and had played with Warren Nelson and Jack Gunderson for 38 years. Don's fingers strummed the guitar but the music came from a place deep within; a reservoir of beauty that only musicians may know and we shall forever appreciate. This weekend the band was to play a gig on Madeline Island and Warren Nelson was adamant that they not cancel the show. He and Don always said, “Even if one of us dies an hour before the show, we still have to play." We will miss him but Don's music will never end. His smile will never fade and the spirit he shared with every note will enrich our lives forever. Don is survived by his dear friend Therene Gazdik, his former wife Sharla Pavel and their two sons Ira and Mason Pavel, and his sister Barb Pavel Jurek. Please also adjourn in their honor as well to share our respect and support during this difficult time.
Senator Robson, with unanimous consent, asked that when the Senate adjourn, it do so in honor of Nadine Gratz, who celebrated her birthday on January 31st and who has served the State of Wisconsin for nearly 20 years.
Senator Robson, with unanimous consent, asked that when the Senate adjourn, it do so in honor of the Beloit International Film Festival which is the third largest festival in the country. Thanks to the hard work of chairs: Rod Boudin, Becky Rogers, Ron Nief, Robert Moris, and the hundreds of volunteers.
Senator Plale, with unanimous consent, asked that when the Senate adjourn, it do so in honor of Catholic Schools Week, the hundreds of Catholic schools, instructors, and students around Wisconsin, and the thousands of Catholic schools across the country.
__________________
Adjournment
Senator Decker, with unanimous consent, asked that the Senate adjourn until Tuesday, February 19, 2008, pursuant to Senate Joint Resolution 1.
Adjourned.
5:25 P.M.
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