hist109343Senator Fitzgerald, with unanimous consent, asked that all members of the Senate be added as coauthors of Senate Joint Resolution 4. _____________
Senator Fitzgerald, with unanimous consent, asked that the Senate recess.
11:34 A.M.
_____________
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.
_____________
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.
hist109374BAUER, SUSAN M of Milwaukee, as a Public Member on the College Savings Program Board, to serve for the term ending May 1, 2023. hist109375BEE, BRYAN of Madison, as a Nursing Home Administrator on the Nursing Home Administrator Examining Board, to serve for the term ending July 1, 2023. hist109376BOSTELMANN, MARGE R. of Green Lake, as Gubernatorial Appointment of the Wisconsin Elections Commission, to serve for the term ending May 1, 2024. hist109377COATES, 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. hist109378DITTMAR, BEVERLY A. of Eagle River, as a Northern Area Representative on the Snowmobile Recreational Council, to serve for the term ending July 1, 2022. hist109379ENKING, JOEL of Hurley, as a Northern Area Representative on the Snowmobile Recreational Council, to serve for the term ending July 1, 2021. hist109380FRIEDMAN, MICHAEL of Milwaukee, as an Accountant on the Accounting Examining Board, to serve for the term ending July 1, 2023. hist109381GREANY, JOHN F. of La Crosse, as a Physical Therapist on the Physical Therapy Examining Board, to serve for the term ending July 1, 2023. hist109382JACKSON, MEGAN of Milwaukee, as a Public School Representative on the Cosmetology Examining Board, to serve for the term ending July 1, 2023. hist109383JINKINS, MARK A. of Sturgeon Bay, as a Public Member on the Psychology Examining Board, to serve for the term ending July 1, 2022. hist109384MANYDEEDS 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. hist109385MCGOWAN, TERRANCE of Oxford, as an Employee Representative on the Wisconsin Technical College System Board, to serve for the term ending May 1, 2025. hist109386OEMICHEN, WILLIAM L. of New Glarus, as a Public Member on the College Savings Program Board, to serve for the term ending May 1, 2023. hist109387PORTER III, EDWARD G. of Elm Grove, as a Professional Member on the Cemetery Board, to serve for the term ending July 1, 2023. hist109388RICHASON, 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. hist109389SIMON, 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. hist109390SMITH, WILLIAM H. of Shell Lake, as a Northern Area Representative on the Natural Resources Board, to serve for the term ending May 1, 2025. hist109391TYLER, MARK of Woodville, as a Public Member on the Wisconsin Technical College System Board, to serve for the term ending May 1, 2025. hist109392VAN ZEELAND, LEE of Appleton, as a Southern Area Representative on the Snowmobile Recreational Council, to serve for the term ending July 1, 2021. hist109393WALSH, 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. hist109394WEISS, SHANA of Hudson, as a Public Member on the Pharmacy Examining Board, to serve for the term ending July 1, 2023. hist109395WOODMANSEE, 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. hist109396YEE, 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.
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.
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.
POINT OF ORDER
hist110228Senator 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. _____________
RULING ON POINT OF ORDER
hist109409The 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.
hist109404The 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.
