2019-11-05 Senate Journal

Senator Fitzgerald, with unanimous consent, asked that the Senate recess.

11:34 A.M.

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Recess

12:32 P.M.

The Senate reconvened.

Senate President Roth in the chair.

The Chair noted a possible lack of a quorum.

The roll was taken and a quorum was present.

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Advice and consent of the Senate

Senator Fitzgerald, with unanimous consent, asked that all appointments, with the exception of Mark Afable, Rebecca Cameron Valq and Brad Pfaff, be taken up en masse.

hist109374 BAUER, SUSAN M of Milwaukee, as a Public Member on the College Savings Program Board, to serve for the term ending May 1, 2023.

hist109375 BEE, BRYAN of Madison, as a Nursing Home Administrator on the Nursing Home Administrator Examining Board, to serve for the term ending July 1, 2023.

hist109376 BOSTELMANN, MARGE R. of Green Lake, as Gubernatorial Appointment of the Wisconsin Elections Commission, to serve for the term ending May 1, 2024.

hist109377 COATES, CANDACE E of Milwaukee, as a Licensed Clinical Representative on the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board, to serve for the term ending July 1, 2023.

hist109378 DITTMAR, BEVERLY A. of Eagle River, as a Northern Area Representative on the Snowmobile Recreational Council, to serve for the term ending July 1, 2022.

hist109379 ENKING, JOEL of Hurley, as a Northern Area Representative on the Snowmobile Recreational Council, to serve for the term ending July 1, 2021.

hist109380 FRIEDMAN, MICHAEL of Milwaukee, as an Accountant on the Accounting Examining Board, to serve for the term ending July 1, 2023.

hist109381 GREANY, JOHN F. of La Crosse, as a Physical Therapist on the Physical Therapy Examining Board, to serve for the term ending July 1, 2023.

hist109382 JACKSON, MEGAN of Milwaukee, as a Public School Representative on the Cosmetology Examining Board, to serve for the term ending July 1, 2023.

hist109383 JINKINS, MARK A. of Sturgeon Bay, as a Public Member on the Psychology Examining Board, to serve for the term ending July 1, 2022.

hist109384 MANYDEEDS III, EDMUND of Eau Claire, as a Congressional District 3 Representative on the Board of Regents of the University of Wisconsin System, to serve for the term ending May 1, 2026.

hist109385 MCGOWAN, TERRANCE of Oxford, as an Employee Representative on the Wisconsin Technical College System Board, to serve for the term ending May 1, 2025.

hist109386 OEMICHEN, WILLIAM L. of New Glarus, as a Public Member on the College Savings Program Board, to serve for the term ending May 1, 2023.

hist109387 PORTER III, EDWARD G. of Elm Grove, as a Professional Member on the Cemetery Board, to serve for the term ending July 1, 2023.

hist109388 RICHASON, COOPER J. of Trempealeau, as a WTCS Student Representative on the Wisconsin Technical College System Board, to serve for the term ending May 1, 2021.

hist109389 SIMON, ANDREA L. of Janesville, as a Professional Counselor on the Marriage and Family Therapy Professional Counseling and Social Work Examining Board, to serve for the term ending July 1, 2023.

hist109390 SMITH, WILLIAM H. of Shell Lake, as a Northern Area Representative on the Natural Resources Board, to serve for the term ending May 1, 2025.

hist109391 TYLER, MARK of Woodville, as a Public Member on the Wisconsin Technical College System Board, to serve for the term ending May 1, 2025.

hist109392 VAN ZEELAND, LEE of Appleton, as a Southern Area Representative on the Snowmobile Recreational Council, to serve for the term ending July 1, 2021.

hist109393 WALSH, KAREN of Madison, as a Congressional District 2 Representative on the Board of Regents of the University of Wisconsin System, to serve for the term ending May 1, 2026.

hist109394 WEISS, SHANA of Hudson, as a Public Member on the Pharmacy Examining Board, to serve for the term ending July 1, 2023.

hist109395 WOODMANSEE, OLIVIA of La Crosse, as a Traditional Student Representative on the Board of Regents of the University of Wisconsin System, to serve for the term ending May 1, 2021.

hist109396 YEE, LISA of Fitchburg, as a Marriage and Family Therapist on the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board, to serve for the term ending July 1, 2023.

The question was: Confirmation en masse?

The ayes and noes were required and the vote was: ayes, 33; noes, 0; absent or not voting, 0; as follows:

Ayes - Senators Bernier, Bewley, Carpenter, Cowles, Craig, Darling, Erpenbach, Feyen, Fitzgerald, Hansen, Jacque, Johnson, Kapenga, Kooyenga, Larson, LeMahieu, Marklein, Miller, Nass, Olsen, Petrowski, Ringhand, Risser, Roth, Schachtner, Shilling, Smith, Stroebel, L. Taylor, Testin, Tiffany, Wanggaard and Wirch - 33.

Noes – None - 0.

Absent or not voting – None - 0.

Confirmed.

AFABLE, MARK V.

Of Sun Prairie, as Commissioner of the Office of the Commissioner of Insurance, to serve for the term ending at the pleasure of the Governor.

hist109399 Read.

hist109397 The question was: Confirmation?

The ayes and noes were required and the vote was: ayes, 33; noes, 0; absent or not voting, 0; as follows:

Ayes - Senators Bernier, Bewley, Carpenter, Cowles, Craig, Darling, Erpenbach, Feyen, Fitzgerald, Hansen, Jacque, Johnson, Kapenga, Kooyenga, Larson, LeMahieu, Marklein, Miller, Nass, Olsen, Petrowski, Ringhand, Risser, Roth, Schachtner, Shilling, Smith, Stroebel, L. Taylor, Testin, Tiffany, Wanggaard and Wirch - 33.

Noes – None - 0.

Absent or not voting – None - 0.

Confirmed.

CAMERON VALCQ, REBECCA

Of Whitefish Bay, as Commissioner of the Public Service Commission, to serve for the term ending March 1, 2025.

hist109400 Read.

hist109398 The question was: Confirmation?

The ayes and noes were required and the vote was: ayes, 33; noes, 0; absent or not voting, 0; as follows:

Ayes - Senators Bernier, Bewley, Carpenter, Cowles, Craig, Darling, Erpenbach, Feyen, Fitzgerald, Hansen, Jacque, Johnson, Kapenga, Kooyenga, Larson, LeMahieu, Marklein, Miller, Nass, Olsen, Petrowski, Ringhand, Risser, Roth, Schachtner, Shilling, Smith, Stroebel, L. Taylor, Testin, Tiffany, Wanggaard and Wirch - 33.

Noes – None - 0.

Absent or not voting – None - 0.

Confirmed.

PFAFF, BRAD M.

Of Onalaska, as Secretary of the Department of Agriculture, Trade and Consumer Protection, to serve for the term ending at the pleasure of the Governor.

hist109401 Read.

POINT OF ORDER

hist110228 Senator Carpenter raised the point of order that the Chair should allow the Senator from the 31st to read a transcribed quote from a committee hearing regarding remarks made by another Senator that was not included in the committee record.

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RULING ON POINT OF ORDER

hist109409 The Chair ruled that reference to what was spoken by senators at a committee meeting on a matter before the senate was not permitted during floor debate on that matter pursuant to Senate Rule 56. The Chair held that reference to words spoken by senators in committee during floor debate was out of order.

Senate Rule 56 provides, in part, that “members who are about to speak in debate or deliver any matter to the senate shall rise in their places and respectfully address the presiding officer, and, upon being recognized, shall proceed, confining themselves to the question under debate and avoiding personalities.” (Emphasis added.)

Senate Rule 56 requires that during debate members confine their remarks to the question under debate and to no other matters. This rule does not specifically detail the kinds of matters that may be considered during debate. The rule also requires that members avoid personalities when engaged in debate. This is a general prohibition with little detail. It is a long standing practice of the senate to refer to authoritative sources, such as Mason’s Manual of Legislative Procedure, for guidance in interpreting and applying the senate rules. In fact, a previous Chair, Senator Risser, referred to Mason’s Manual as “the first manual used by the State Senate.” (See Senate Journal, March 6, 1990, pp. 770-772.)

Mason’s Manual, Sec. 101.1, provides generally that “debate must be confined to the question before the body.” This is the same language as found in Senate Rule 56. But Mason’s Manual, Sec. 101.5, further interprets this general provision to include the following restriction: “Members may not allude to nor relate in debate what was done or said in committee or by any member of the committee, except such as is contained in the written report made to the house by authority of the committee.” Finally, Mason’s Manual, Sec. 123.1, affirms that, in debate, “no person may indulge in personalities, impugn motives of members, or use indecent or profane language.” Again, similar language is found in Senate Rule 56.

According to Mason’s Manual, therefore, senators engaged in floor debate may not reference what other senators said during committee deliberations. The only exception involves remarks senators made at committee that are specifically included in the committee report. This rule requires senators to engage in floor debate on the merits of the question before the body at that time and not on words that may have been spoken during committee deliberations. This is particularly the case if a senator’s motives are being impugned by reference to what the senator may or may not have said during committee deliberations. The Chair finds this guidance from Mason’s Manual persuasive. This rule encourages and promotes direct engagement by senators in floor debate on matters before the body, and not on personalities or on what may have been said by a senator at a different time in a different place.

Therefore, it is the opinion of the Chair that the point of order raised by the Senator from the 3rd is not well taken.

Senator Carpenter appealed the ruling of the Chair.

Senator Fitzgerald moved to call the question.

The question was: Shall the Senate vote immediately on the current question?

The ayes and noes were demanded and the vote was: ayes, 19; noes, 14; absent or not voting, 0; as follows:

Ayes - Senators Bernier, Cowles, Craig, Darling, Feyen, Fitzgerald, Jacque, Kapenga, Kooyenga, LeMahieu, Marklein, Nass, Olsen, Petrowski, Roth, Stroebel, Testin, Tiffany and Wanggaard - 19.

Noes - Senators Bewley, Carpenter, Erpenbach, Hansen, Johnson, Larson, Miller, Ringhand, Risser, Schachtner, Shilling, Smith, L. Taylor and Wirch - 14.

Absent or not voting – None - 0.

Question called.

hist109404 The question was: Shall the Decision of the Chair stand as the judgment of the Senate?

The ayes and noes were demanded and the vote was: ayes, 19; noes, 14; absent or not voting, 0; as follows:

Ayes - Senators Bernier, Cowles, Craig, Darling, Feyen, Fitzgerald, Jacque, Kapenga, Kooyenga, LeMahieu, Marklein, Nass, Olsen, Petrowski, Roth, Stroebel, Testin, Tiffany and Wanggaard - 19.

Noes - Senators Bewley, Carpenter, Erpenbach, Hansen, Johnson, Larson, Miller, Ringhand, Risser, Schachtner, Shilling, Smith, L. Taylor and Wirch - 14.

Absent or not voting – None - 0.

The Decision of the Chair stands as the judgement of the Senate.

hist109415 The question was: Confirmation?

The ayes and noes were required and the vote was: ayes, 14; noes, 19; absent or not voting, 0; as follows:

Ayes - Senators Bewley, Carpenter, Erpenbach, Hansen, Johnson, Larson, Miller, Ringhand, Risser, Schachtner, Shilling, Smith, L. Taylor and Wirch - 14.