2013-11-05 Senate Journal

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Leaves of Absence

Senator Fitzgerald, with unanimous consent, asked that Senator Vukmir be granted a leave of absence for part of today's session.

Pursuant to Senate Rule 17 (6), the Chief Clerk makes the following entries under the above date.

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Chief Clerk's Entries

Amendments Offered

hist12920 Senate Amendment 1 to Senate Bill 191 offered by Senator Lassa.

hist12700 Senate Amendment 1 to Senate Bill 196 offered by Senator Petrowski.

hist12713 Senate Amendment 1 to Senate Bill 249 offered by Senator Grothman.

hist12716 Senate Amendment 1 to Senate Substitute Amendment 2 to Senate Bill 278 offered by Senators T. Cullen, Jauch, Miller, Lehman, Shilling, L. Taylor, Carpenter, Erpenbach, Hansen, Lassa, C. Larson, Risser, Wirch, Vinehout and Harris.

hist12717 Senate Amendment 2 to Senate Substitute Amendment 2 to Senate Bill 278 offered by Senators Jauch, Erpenbach, Carpenter, L. Taylor, Vinehout, Harris, Lehman, Miller, T. Cullen, Wirch, Risser, C. Larson, Lassa and Hansen.

hist12729 Senate Amendment 3 to Senate Substitute Amendment 2 to Senate Bill 278 offered by Senators T. Cullen, L. Taylor, Jauch, Erpenbach, C. Larson, Hansen, Shilling, Vinehout and Miller.

hist12931 Senate Amendment 4 to Senate Substitute Amendment 2 to Senate Bill 278 offered by Senator Erpenbach.

hist12714 Senate Amendment 4 to Senate Bill 314 offered by Senator Lasee.

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Petitions and Communications

hist12727 Pursuant to Senate Rule 17 (5), Senator Miller added as a coauthor of Senate Bill 249.

hist12725 Pursuant to Senate 17 (5), Senator Miller added as a coauthor of Senate Bill 274.

hist12728 Pursuant to Senate Rule 17 (5), Senator Miller added as a coauthor of Senate Bill 325.

hist12730 Pursuant to Senate Rule 17 (5), Senator Hansen added as a coauthor of Senate Bill 331.

hist12767 Pursuant to Senate Rule 17 (5), Senator L. Taylor added as a coauthor of Senate Bill 331.

hist12731 Pursuant to Senate 17 (5), Senator Hansen added as a coauthor of Senate Bill 332.

hist12732 Pursuant to Senate Rule 17 (5), Senator Hansen added as a coauthor of Senate Bill 334.

hist12726 Pursuant to Senate Rule 17 (5), Senator Miller added as a coauthor of Senate Bill 335.

hist12733 Pursuant to Senate Rule 17 (5), Senator Hansen added as a coauthor of Senate Bill 335.

hist12766 Pursuant to Senate Rule 17 (5), Senator L. Taylor added as a coauthor of Senate Bill 335.

hist12734 Pursuant to Senate Rule 17 (5), Senator Hansen added as a coauthor of Senate Bill 336.

hist12768 Pursuant to Senate Rule 17 (5), Senator L. Taylor added as a coauthor of Senate Bill 336.

hist13252 Pursuant to Senate Rule 17 (5), Senator Miller added as a coauthor of Senate Bill 336.

hist12847 Pursuant to Senate Rule 17 (5), Representative Hutton added as a co-sponsor of Senate Bill 392.

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State of Wisconsin

Office of the Senate President

November 5, 2013

The Honorable, the Senate:

Pursuant to Senate Rule 46 (2)(c), I am writing to inform you that I have directed the following proposal to be withdrawn from committee and rereferred. I have obtained the consent of the appropriate standing committee chairperson and the chairperson of the committee on Senate Organization.

hist12699 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., withdrawn from Committee on Judiciary and Labor and rereferred to Committee on Government Operations, Public Works, and Telecommunications.

Sincerely,

MICHAEL G. ELLIS

Senate President

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State of Wisconsin

Office of Senator Tim Carpenter

November 5, 2013

The Honorable, the Senate,

During the floor session on Tuesday, November 5, 2013, I asked for a point of order as to the Senate President’s interpretation of when the Senate is in session, for purposes regarding immunity from civil process. I withdrew my point of order at your invitation to submit to you the question more specifically, in writing.

As you are aware, a member of the Senate, the Senator from the Fifth Senate District, is reported to be claiming legislative immunity from a 2013 lawsuit which has alleged that she failed to turn over records pursuant to an open records request. As you are also no doubt aware, it has been reported that in a motion filed by state Attorney General J.B. Van Hollen’s office, the Senator from the Fifth claims she can’t be sued while the legislature is in session.

The Wisconsin State Constitution, Article IV Section 15 states as follows:

“SECTION 15. Members of the legislature shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest; nor shall they be subject to any civil process, during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.”

It is further reported that the senator in question contends in her motion before the court that the current legislative session lasts the entire term of a state senator. You can see that this can be interpreted to mean that legislators could be “in session” from the moment they are first sworn in until they leave office.

In contrast, it could also be argued that the Constitution confers immunity from civil proceedings only during floor sessions.

I would like to ask you to provide your opinion as to when the Senate of the State of Wisconsin is in session such that senators would be immune from civil process under Article IV Section 15 of the Wisconsin State Constitution.

This question is asked so that the senators may be guided by you in their actions to be compliant with the Constitution, Wisconsin State Statutes, and the Rules governing the Senate.

I am looking forward to hearing your response.

Sincerely,

TIM CARPENTER

State Senator

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hist12720 Senator S. Fitzgerald, with unanimous consent, asked that Senate Bill 317 be withdrawn from the delayed calendar of October 15, 2013 and be laid on the table.

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Second reading and amendments of senate joint resolutions and

senate bills

Senate Bill 274

Relating to: funding and position authority for vocational rehabilitation services and making an appropriation.

hist12721 Read a second time.

hist12722 The question was: Adoption of Senate Amendment 1 to Senate Bill 274?

Adopted.

hist12723 Ordered to a third reading.

hist12724 Senator Fitzgerald, with unanimous consent, asked that the bill be considered for final action at this time.

Senate Bill 274

hist12741 Read a third time.

The question was: Passage of Senate Bill 274?

The ayes and noes were required and the vote was: ayes, 32; noes, 0; absent or not voting, 1; as follows:

Ayes - Senators Carpenter, Cowles, T. Cullen, Darling, Ellis, Erpenbach, Farrow, S. Fitzgerald, Grothman, Gudex, Hansen, Harris, Harsdorf, Jauch, Kedzie, C. Larson, Lasee, Lassa, Lazich, Lehman, Leibham, Miller, Moulton, Olsen, Petrowski, Risser, Schultz, Shilling, L. Taylor, Tiffany, Vinehout and Wirch - 32.

Noes - None.

Absent or not voting - Senator Vukmir - 1.

Passed.

Senate Bill 331

Relating to: career and technical education incentive grants and making an appropriation.

hist12735 Read a second time.

hist12737 The question was: Adoption of Senate Amendment 1 to Senate Bill 331?

Adopted.

hist12738 The question was: Adoption of Senate Amendment 2 to Senate Bill 331?

Adopted.

hist12739 Ordered to a third reading.

hist12740 Senator Fitzgerald, with unanimous consent, asked that the bill be considered for final action at this time.

Senate Bill 331

hist12742 Read a third time.