WISCONSIN SHERIFFS & DEPUTY SHERIFFS ASSOCIATION

BADGER STATE SHERIFFS ASSOCIATION

 

LEGISLATIVE COMMITTEE MINUTES

February 27, 2007

 

 

Location: The Madison Concourse Hotel, Madison, Wisconsin

 

The joint meeting of the Wisconsin Sheriffs & Deputy Sheriffs Association and the Badger State Sheriff's Association was called to order by President R. J. Lurquin.

 

Present: Wisconsin Sheriffs & Deputy Sheriffs Association members,

R. J. Lurquin, Randy Stammen, Michael Weissenberger, Bob Lee, Scott Pedley, Paul Gunness, Jeff Wiswell and James Cardinal. Badger State Sheriff's Association members, Maury Straub, Tom Richie, Ron Cramer, David Graves and Gene Cary. Other was Gary Hamblin.

 

James E. Zorn, Executive Administrator, Great Lakes Indian Fish and Wildlife Commission addressed proposed legislation relating to conservation wardens employed by the GLIFWC. He gave background information about the intent to accomplish two goals; first, to facilitate the work of GLIFWC and its wardens in enforcing the off-reservation code; and second, to enable GLIFWC wardens to assist state and local law enforcement agencies under certain circumstances. The legislation would authorizes a GLIFWC warden to make an arrest for a violation of state law in the ceded territory if the warden is responding to either an emergency situation that poses a significant threat to life or of bodily harm, or acts that the warden believes, on reasonable grounds, constitutes a felony. The legislation also authorizes a GLIFWC warden to render aid or assistance to a Wisconsin peace officer in the ceded territory in an emergency or at the request of the Wisconsin peace officer. No bill number has been assigned. Discussion followed and motion to table action at this time and get needed information from the northern sheriffs by Mike Weissenberger and seconded by Tom Richie. Motion carried.

 

Gary Hamblin, Administrator, State of Wisconsin Department of Justice, Division of Law Enforcement Services, addressed the group relating to the increase in DNA Analysis for the State Crime Lab. The Governor put 15 positions into the budget repair bill; however, the need is 31 positions. The summary of the needs for law enforcement was given by Administrator Hamblin along with handouts. Motion to endorse the increase of 31 DNA Analysis to the budget repair bill was made by Randy Stammen and seconded by David Graves. Motion carried.

 

Jeff Wiswell addressed the group on the 911 (wireless) issues and the sunset for funding is November 2008. He stated the Wisconsin Counties Association favor extending the 911 surcharge. Motion to push forward with surcharge by Randy Stammen and seconded by Mike Weissenberger. Motion carried.

 

Safe School Initiative was discussed and the general feeling was to table this matter until further information was available. Motion to table by Randy Stammen and seconded by Mike Weissenberger. Motion carried.

 

Representative Donald Friske's email proposing an amendment to the Resisting Arrest While Armed statute was discussed with the information given. Motion to support legislation was made by Mike Weissenberger and seconded by Scott Pedley. Motion carried.

 

Discussion regarding Probation and Parole hold reimbursements, it was stated that the statute set the rate at $40.00 in 1994 and at present the counties are being paid at $31.00. It is proposed that a $40.00 rate be set and make sure funding is available. Motion to support legislation setting the fee at $40.00 and seek an increase in the future by Mike Weissenberger and seconded by Scott Pedley. Motion carried.

 

The model legislation for Strangulation, no bill number yet however, the resolution passed at the conference support a change in the statute.

 

 

Senate Bills

 

SB5      Relating to: elimination of accumulated sick leave credit program for legislators, justices and judges, all other state elected officials, and certain appointed executive branch officials. Motion to remain NEUTRAL by Bob Lee and seconded by Mike Weissenberger. Motion carried.

 

SB8      Relating to: permitting an educational agency to refuse to employ or to terminate from employment an unpardoned felon. Motion to SUPPORT by Tom Richie and seconded by Maury Straub. Motion carried.

 

SB16    Relating to: requiring that personal flotation devices be worn by certain underage persons in certain boats. Companion Assembly Bill 45. Motion to remain NEUTRAL on both bills by Maury Straub and seconded by Mike Weissenberger. Motion carried.

 

SB21    Relating to: disciplinary procedures for certain local law enforcement officers and fire fighters. Motion to remain NEUTRAL by Scott Pedley and seconded by Bob Lee. Motion carried.

 

SB27    Relating to: releasing persons arrested for certain offenses related to operating a vehicle while intoxicated. Motion by Randy Stammen to OPPOSE this bill and seconded by Tom Richie. Motion carried.

 

SB38    Relating to: possession of dogs by certain felony offenders and providing a penalty. Motion to TABLE by Gene Cary and seconded by Scott Pedley. Motion carried.

 

Assembly Bills

 

AB1      Relating to: requiring persons charged with a felony to provide a biological specimen for deoxyribonucleic acid analysis, inclusion of the analysis results in the Department of Justice deoxyribonucleic acid data bank, requiring the exercise of rule-making authority, and providing a penalty. Motion to TABLE by Scott Pedley and seconded by Mike Weissenberger. Motion carried.

 

AB2      Relating to: operators' license requirements for certain drivers and for certain drivers' tests and making an appropriation. Motion to SUPPORT by Mike Weissenberger and seconded by Paul Gunness. Motion failed 5 to 4 vote. Motion by Tom Richie to reconsider the motion, seconded by Mike Weissenberger. Vote failed to reconsider 5 to 7 vote.

 

AB8      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. Motion to SUPPORT by Gene Cary and seconded by David Graves. Motion carried.

 

AB17    Relating to: prohibiting persons convicted of certain felonies from providing martial arts instruction to minors. Action failed for lack of motion. No action taken due to lack of motion.

 

AB22    Relating to: seizure of a computer used in committing a child sex offense, the disposition of certain forfeited property, the use of a computer by a person convicted of a child sex offense, and providing a penalty. Motion to SUPPORT by Scott Pedley and seconded by Gene Cary. Motion carried.

 

AB25    Relating to: the applicability of rules of the road to private roads located in mobile home parks. Motion to remain NEUTRAL by Mike Weissenberger and seconded by David Graves. Motion carried.

 

AB26    Relating to: liability for disobeying school crossing guards and providing a penalty. Action failed due to lack of motion.

 

AB29    Relating to: ordering modifications to legal custody or periods of physical placement contingent upon the occurrence of a specified future event or a specified change in conditions. Motion to remain NEUTRAL by David Graves and seconded by Tom Rickie. Motion carried.

 

AB30    Relating to: permitting an educational agency to refuse to employ or to terminate from employment an unpardoned felon. This is the same SB8 and the motion on that bill was to SUPPORT by Tom Richie and seconded by Maury Straub. Motion carried under SB8.

 

AB35    Relating to: the privilege of self-defense. Motion to OPPOSE by Ron Cramer and seconded by Scott Pedley. Motion carried.

 

AB38    Relating to: motor vehicle accidents while using a cellular telephone, cellular telephone dealers, and providing a penalty. Motion to OPPOSE by Maury Straub and seconded by

Scott Pedley. Motion carried.

 

AB43    Relating to: creditable military service under the Wisconsin Retirement System. Motion to SUPPORT  by Mike Weissenberger and seconded by Paul Gunness.

 

AB44    Relating to: state government holidays. Action failed due to lack of motion.

 

AB45    Relating to: requiring that personal flotation devices be worn by certain underage persons in certain boats. Same bill as SB16 action was to remain NEUTRAL.

 

AB46    Relating to: daylight saving time and closing hours for certain alcohol beverages retailers. Action failed due to lack of motion.

 

AB51    Relating to: daylight saving time and closing hours for certain alcohol beverages retailers. Action failed due to lack of motion.

 

AB52    Relating to: an exception for law enforcement dogs to the requirement that a dog that bites a person be quarantined. Motion to SUPPORT by Scott Pedley and seconded by Maury Straub. Motion carried.

 

AB54    Relating to: repeat drunken driving offenders and providing a penalty. Motion to SUPPORT by Mike Weissenberger and seconded by Tom Richie. Motion carried.

 

AB57    Relating to: disciplinary procedures for certain local law enforcement officers and fire fighters. Action failed due to lack of motion.

 

AB59    Relating to: the operation of all-terrain vehicles on highways for the purpose of certain types of access and granting rule-making authority. Action failed due to lack of motion.

 

AB68    Relating to: temporary alcohol beverage retail licenses. Action failed due to lack of motion.

 

 

Senate Joint Resolution

 

SJR2   Relating to: equal rights (first consideration). Action failed due to lack of motion.

 

 

Assemble Joint Resolution

 

AJR      Creating a property tax classification and limiting annual percentage increases in property tax assessments. Motion to OPPOSE by Scott Pedley and seconded by Mike Weissenberger. Motion carried.

 

 

New Business

 

Proposed changes to the insurrection Act

 

 

Old Business

 

Proposed changes to the Officers Safety Act (HR218). Discussion held and new legislation is being proposed.

 

 

James I. Cardinal, Secretary

Joint Legislative Committee