One-Hundred and Fourth Regular Session12:47 P.M. TUESDAY, February 12, 2019
The Assembly met in the Assembly Chamber located in the State Capitol.
Speaker Vos in the Chair.
Representative Steineke asked unanimous consent for a quorum call. Granted.
A quorum was present.
The prayer was offered by Pastor David Hart of the Sherman Avenue United Methodist Church in Madison.
Representative Crowley led the membership in reciting the pledge of allegiance to the flag of the United States of America.
The roll was taken.
The result follows:
Present - Representatives Anderson, August, Ballweg, Billings, Born, Bowen, Brandtjen, Brooks, Brostoff, Cabrera, Considine, Crowley, Dittrich, Doyle, Duchow, Edming, Emerson, Felzkowski, Fields, Goyke, Gruszynski, Gundrum, Haywood, Hebl, Hesselbein, Hintz, Hutton, Jagler, James, Katsma, Kerkman, Kitchens, Knodl, Kolste, Krug, Kuglitsch, Kulp, Kurtz, Loudenbeck, Macco, Magnafici, Meyers, Milroy, Murphy, Mursau, Myers, Neubauer, Neylon, Novak, Nygren, Ohnstad, Oldenburg, Ott, Petersen, Petryk, Plumer, Pope, Pronschinske, Quinn, Ramthun, Riemer, Rodriguez, Rohrkaste, Sanfelippo, Sargent, Schraa, Shankland, Sinicki, Skowronski, Snyder, Sortwell, Spiros, Spreitzer, Stafsholt, Steffen, Steineke, Stubbs, Subeck, Summerfield, Swearingen, Tauchen, C. Taylor, Thiesfeldt, Tittl, Tranel, Tusler, VanderMeer, Vining, Vorpagel, Vruwink, Wichgers, Wittke, Zamarripa, Zimmerman and Speaker Vos - 95.
Absent with leave - Representatives Allen, Horlacher and Stuck - 3.
Vacancies - 64th Assembly District - 1.
_____________
Leaves of Absence
Representative Knodl asked unanimous consent for a leave of absence for today's session for Representatives Allen and Horlacher. Granted.
Representative Spreitzer asked unanimous consent for a leave of absence for today's session for Representative Stuck. Granted.
_____________
Leaves of Absence
Representative Knodl asked unanimous consent for a leave of absence for part of today's session for Representative Tittl. Granted.
Representative Spreitzer asked unanimous consent for a leave of absence for part of today's session for Representative Milroy. Granted.
Representative Milroy asked unanimous consent that his leave of absence be lifted. Granted.
_____________
Special Guest
Representative Felzkowski introduced Hometown Hero Award recipient Bill Kelly of Antigo, who was honored for his work with the Langlade County Salvation Army. Mr. Kelly addressed the members from the rostrum.
_____________
Special Guests
Representative Tauchen introduced Hometown Hero Award recipients Chad and Cheyna Kary of Shawano, who created the charity “Georgia’s House”, in memory of their daughter Georgia, which provides housing for parents who have children in the NICU. Mr. Kary addressed the members from the rostrum.
_____________
Special Guests
Representative Hesselbein introduced Hometown Hero Award recipients Middleton Police Officer Tyler Loether, Middleton Police Officer Richard O’Connor, Dane County Sheriff’s Deputy Matthew Earll and Dane County Sheriff’s Deputy David Lambrecht, who were honored for their efforts in preventing a massacre during a Middleton workplace shooting on September 12, 2018. Officer Loether addressed the members from the rostrum.
_____________
Introduction and Reference of Proposals
Read first time and referred:
Relating to: proclaiming February 2019 as Black History Month.
By Representatives Vos and Steineke.
Relating to: proclaiming February 2019 as Black History Month.
By Representatives Crowley, Anderson, Billings, Bowen, Brostoff, Cabrera, Considine, Doyle, Emerson, Fields, Goyke, Gruszynski, Haywood, Hebl, Hesselbein, Hintz, Kolste, Meyers, Milroy, Myers, Neubauer, Ohnstad, Pope, Riemer, Sargent, Shankland, Sinicki, Spreitzer, Stubbs, Stuck, Subeck, C. Taylor, Vining, Vruwink and Zamarripa.
hist97556To committee on Assembly Organization. Relating to: driver education instruction on human trafficking.
By Representatives Thiesfeldt, Bowen, Billings, Considine, Dittrich, Emerson, Fields, Gundrum, Hutton, Kolste, Kuglitsch, Kulp, Murphy, Mursau, Ohnstad, Plumer, Ramthun, Rodriguez, Rohrkaste, Sanfelippo, Sargent, Skowronski, Sinicki, Spreitzer, Stuck, Subeck, C. Taylor, Tittl, Tusler, Vining, Vorpagel, Vruwink, Wichgers, Wittke, Zamarripa and Zimmerman; cosponsored by Senators Johnson, Darling, Schachtner, Bernier, Carpenter, Cowles, Jacque, Larson, Nass, Olsen, Ringhand, Risser, Smith, L. Taylor and Wanggaard.
hist97538To committee on Colleges and Universities. Relating to: career and technical education incentive grants and making an appropriation.
By Representatives Ballweg, Gundrum, Kulp, Novak, Ramthun, Rodriguez, Skowronski, Thiesfeldt, Wichgers, Zimmerman and Tusler; cosponsored by Senators Feyen, Darling and Testin.
hist97539To committee on Workforce Development. Relating to: step therapy protocols for prescription drug coverage and requiring the exercise of rule-making authority.
By Representatives Nygren, Oldenburg, Schraa, Kolste, Subeck, Rodriguez, Ballweg, Dittrich, Petersen, Horlacher, Vorpagel, Mursau, Kuglitsch, Spiros, Edming, Gundrum, Felzkowski, Kulp, Skowronski, Brooks, Ramthun, Thiesfeldt, Tittl, Swearingen, Novak, Jagler, VanderMeer, Zimmerman, Krug, Quinn, Rohrkaste, Duchow, Magnafici, Born, Kurtz, Brandtjen, Plumer, Summerfield, Loudenbeck, Ott and Knodl; cosponsored by Senators Darling, Jacque, Roth, Johnson, Feyen, Marklein, Nass, Olsen, Ringhand, Wanggaard, Testin, Cowles, LeMahieu, Carpenter and Wirch.
_____________
Ruling on the Point of Order
On Tuesday, January 22 (page 24 of the Assembly Journal), Representative Steineke rose to a point of order that Assembly Amendment 1 to Assembly Substitute Amendment 1 and Assembly Amendment 2 to Assembly Substitute Amendment 1 to Assembly Bill 1 was not germane under Assembly Rule 54 (3)(f). Speaker Pro Tempore August ruled the point of order well taken. The full text of the ruling by Speaker Pro Tempore August follows:
“Representative Steineke rose to the point of order that Assembly Amendment 1 to Assembly Substitute Amendment 1 to Assembly Bill 1 was not properly before the body as it was non-germane under Assembly Rule 54 (3)f. I find the point of order well taken.
Representative Shankland contended that the amendment was germane under Assembly Rule 54 (4)b because the amendment “accomplishes the same purpose in a different manner.” This is not the case. The amendment sought to authorize the Governor to authorize the Attorney General to withdraw from a federal lawsuit challenging the Patient Protection and Affordable Care Act. While pre-existing conditions are certainly mentioned throughout ASA1 to AB1 as well as the Patient Protection and Affordable Care Act, simply withdrawing from the federal lawsuit does not in and of itself guarantee those protections in state law. The lawsuit could and likely would continue on as the State of Wisconsin is not the only plaintiff in the case. Therefore, simply withdrawing from the lawsuit does not accomplish the same purpose of ASA1 to AB1 in a different manner.
Further, ASA1 to AB1 does not refer to the specific lawsuit referred to in AA1. ASA1 deals specifically with under what terms an insurance provider may or may not decline coverage to an individual. No mention of any federal lawsuit is made and therefore AA1 to ASA1 to AB1 is clearly non germane as it dramatically expands the scope of the bill.
