WISCONSIN SHERIFFS & DEPUTY SHERIFFS ASSOCIATION

BADGER STATE SHERIFFS ASSOCIATION

 

LEGISLATIVE COMMITTEE MINUTES

May 2, 2007

 

Location: The Heidel House, Green Lake, 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, Bruce Daniels, Roger Brandner, Jr.,

Jim Hanson, Jeff Wiswell and James Cardinal. Badger State Sheriff's Association members, Ron Cramer, Maury Straub, David Mahoney and Gene Cary.

 

Motion by Mike Weissenberger to approve the minutes from the January 27, 2007 and seconded by Maury Straub. Motion carried.

 

Sarah Diedrick-Kasdorf, Wisconsin Counties Association did not appear.

 

Revisit GLIFWC bill SB38 and AB1, regarding full police power, again discussion held and a motion by Maury Straub to remain NEUTRAL and seconded by Randy Stammen. Motion carried.

Federal legislation - Family Telephone Connection Protection Act of 2007 (H.R. 555) discussion followed. Motion to OPPOSE by Maury Straub and seconded by Randy Stammen. Motion carried.

 

Safe School Initiative update was discussed and to be continued to the next meeting.

LRB 1684/1 Reimbursement for Damage caused by Dogs, no action taken, tabled to the next meeting.

 

Probation and Parole reimbursements update, Ron Cramer gave update on the item and held over to the next meeting.

 

Senate Joint Resolution

 

SJR 27  Relating to: calling for changes to the state's public school funding formula to be enacted by July 1, 2009. Motion to remain NEUTRAL by Mike Weissenberger and seconded by Maury Straub. Motion carried.

 

SJR 29  Relating to: eligibility for release before conviction (first consideration). No action taken.

 

Assemble Joint Resolution

 

AJR 2   Relating to: terms of office for members of the senate and assembly (first consideration). Motion to TAKE NO ACTION by Mike Weissenberger and seconded by Randy Stammen. Motion carried. 

 

Senate Bills

 

SB 42   Relating to: school policies on bullying. Motion to TABLE by Gene Cary and seconded by Ron Cramer. Motion carried.

 

SB 43 and AB135 Relating to: pointing a firearm at or towards a law enforcement officer and providing a penalty. Motion to SUPPORT by Gene Cary and seconded by David Mahoney. Motion carried.

 

SB 44   Relating to: surcharges and restitution paid to child advocacy centers. Motion to SUPPORT by Ron Cramer and seconded by Roger Brandner. Motion carried.

 

SB 49  Relating to: free access to state parks and state trails by certain disabled veterans and former prisoners of war. Motion to SUPPORT by Maury Straub and seconded by Gene Cary. Motion carried.

 

SB 60   Relating to: evidence of lay and expert witnesses. Motion to SUPPORT by Mike Weissenberger and seconded by Maury Straub. Motion carried.

 

SB 63   Relating to: the provision of taste samples of fermented malt beverages and wine on certain retail premises. It was remarked during discussion that this bill was passed by the Senate.

Motion to TABLE by David Mahoney and seconded by Gene Cary. Motion carried.

 

SB 64   Relating to: sales and taste samples by manufacturers or rectifiers of intoxicating liquor for consumption on or off the premises where manufactured or rectified. Motion to TABLE by David Mahoney and seconded by Gene Cary. Motion carried.

 

SB 67 and AB151 Relating to: making a postsecondary student who has been convicted of possessing, with intent to manufacture, distribute, or deliver, or of manufacturing, distributing, or delivering, a controlled substance or controlled substance analog based on conduct that occurred during a period of enrollment for which the postsecondary student was receiving any state financial assistance ineligible for state financial assistance and granting rule-making authority. Motion to SUPPORT by Maury Straub and seconded by Mike Weissenberger. Motion carried.

 

SB 84   Relating to: allowing schools and local governmental units to claim refunds of the motor vehicle fuel tax and alternate fuels tax and making an appropriation. Motion to SUPPORT by Mike Weissenberger and seconded by Gene Cary. Motion carried.

 

SB 85   Relating to: damages for frivolous claims. Motion to remain NETURAL by Bob Lee and seconded by Mike Weissenberger. Motion carried.

 

SB 96   Relating to: liability for the actions of tribal law enforcement officers when enforcing state law. Motion to OPPOSE regarding the expanded authority, by Maury Straub and seconded by Gene Cary. Motion carried.

 

SB 103 and AB209  Relating to: crimes against children and providing penalties. Motion to SUPPORT by Mike Weissenberger and seconded by Maury Straub. Motion carried.

 

SB 104 Relating to: requiring firearms restrictions record searches for certain transfers of handguns involving residents of Milwaukee County, requiring the exercise of rule-making authority, and providing a penalty. Motion to OPPOSE by Maury Straub and seconded by Gene Cary. Discussion follow and the general felling that this legislation apply to the whole state. This group would support this bill with the change in the language to apply the entire state. Motion carried.

 

SB 105 and AB 215 Relating to: inattentive driving and providing a penalty. Motion by Roger Brantner to SUPPORT and seconded by Mike Weissenberger. Motion carried.

 

SB 115 Relating to: providing a penalty of death or life imprisonment for a first-degree intentional homicide that is vicious. Motion to SUPPORT by Gene Cary and seconded by Maury Straub. Motion carried by a vote of six yes and three nays.

 

SB 116 and AB 54 Relating to: repeat drunken driving offenders and providing a penalty. On February 2, 2007 this committee support AB 54. Motion to SUPPORT by Mike Weissenberger and seconded by Randy Stammen. Motion carried.

 

SB 120 and AB 113 Relating to: enforcement of motor vehicle safety belt violations and providing a penalty. Motion to SUPPORT by David Mahoney and seconded by Roger Brantner. Motion carried.

 

SB 124 and AB 242 Relating to: notice for child abuse, vulnerable adult, and harassment injunctions. Motion to SUPPORT by Maury Straub and seconded by Randy Stammen. Motion carried.

 

SB 129 Relating to: requiring a hospital to provide to a sexual assault victim information and, upon her request, emergency contraception and providing a penalty. Motion to SUPPORT by David Mahoney and seconded by Mike Weissenberger. Motion carried.

 

SB 136 Relating to: distribution of the Wisconsin Statutes to certain government officers. Motion to SUPPORT by Mike Weissenberger and seconded by Ron Cramer. Motion carried.

 

SB 137 Relating to: access to employment records of candidates for law enforcement positions. Motion to SUPPORT by Mike Weissenberger and seconded by Bruce Daniels. Motion carried.

 

SB 141 Relating to: a single registration plate for motor vehicles registered with the Department of Transportation and transfers from the transportation fund to the general fund. Motion to OPPOSE by Maury Straub and seconded by Gene Cary. Motion carried.

 

Assembly Bills

 

AB 80   Relating to: special distinguishing registration plates for persons who have had an immediate family member die while in military service. Motion by Jim Hanson to TABLE and seconded by Maury Straub. Motion carried.

 

AB 84   Relating to: disclosing drafts of drafting requests that did not result in legislation. Motion to remain NEUTRAL by Mike Weissenberger and seconded by Gene Cary. Motion failed. Then a motion to OPPOSE by Bob Lee and seconded by David Mahoney. Motion carried.

 

AB 88   Relating to: special distinguishing registration plates associated with first responders. NO ACTION TAKEN.

 

AB 89   Relating to: operating an aircraft recklessly or under the influence of an intoxicant and providing a penalty and granting rule-making authority. Motion to SUPPORT by Randy Stammen and seconded by Mike Weissenberger. Motion carried.

 

AB 92   Relating to: battery occurring during a riot and providing a penalty. Motion to SUPPORT by Mike Weissenberger and seconded by David Mahoney. Motion carried.

 

AB 113 and SB 120Relating to: enforcement of motor vehicle safety belt violations and providing a penalty. Under SB 120 motion was made to SUPPORT by David Mahoney and seconded by Roger Brantner. Motion carried.

 

AB 135 and SB 43 Relating to: pointing a firearm at or towards a law enforcement officer and providing a penalty. Under SB 43 was a motion to SUPPORT by Gene Cary and seconded by David Mahoney. Motion carried.

 

AB 139 Relating to: review of deaths at correctional institutions. Motion to OPPOSE by Randy Stammen and seconded by Mike Weissenberger. Motion carried.

 

AB 144 Relating to: escapes by persons on probation, parole, and extended supervision and providing penalties. Motion to SUPPORT by Maury Straub and seconded by Randy Stammen. Motion carried.

 

AB 145 Relating to: a surcharge for convictions related to operating a vehicle while intoxicated. Motion to SUPPORT by Mike Weissenberger and seconded by Roger Brantner. Motion carried.

 

AB 151 and SB 67Relating to: making a postsecondary student who has been convicted of possessing, with intent to manufacture, distribute, or deliver, or of manufacturing, distributing, or delivering, a controlled substance or controlled substance analog based on conduct that occurred during a period of enrollment for which the postsecondary student was receiving any state financial assistance ineligible for state financial assistance and granting rule-making authority. Action was taken under SB 67 to SUPPORT by Maury Straub and seconded by Mike Weissenberger. Motion under SB 67 carried.

 

AB 162 Relating to: resisting arrest while armed with or threatening to use a dangerous weapon. Motion to SUPPORT by Randy Stammen and seconded by Maury Straub. Motion carried.

 

AB 196 Relating to: providing alcohol beverages to an underage person who suffers great bodily harm or death from their consumption. Motion to SUPPORT by Bob Lee and seconded by Roger Brantner. Motion carried.

 

AB 203 Relating to: electronic seat check reminders on school buses, granting rule-making authority, and providing a penalty. Motion to TABLE by Randy Stammen and seconded by Maury Straub. Motion carried.

 

AB 209 and SB 103 Relating to: crimes against children and providing penalties. Action was taken under SB 103 to SUPPORT by Mike Weissenberger and seconded by Maury Straub. Motion carried under SB 103.

 

AB 210 Relating to: notice to a victim of the right to make a statement at sentencing or disposition. Motion to SUPPORT by Randy Stammen and seconded by Mike Weissenberger. Motion carried.

 

AB 214 Relating to: driving a motor vehicle while using a cellular telephone or other wireless telecommunications device and providing a penalty. Motion to SUPPORT by Randy Stammen and seconded by Mike Weissenberger. Motion carried with 1 nay vote.

 

AB 215 and SB 105 Relating to: inattentive driving and providing a penalty. Motion under SB 105 to SUPPORT by Roger Brantner and seconded by Mike Weissenberger. Motion carried under SB 105.

 

AB 216 Relating to: community service work option for certain defendants. Motion to SUPPORT by David Mahoney and seconded by Ron Cramer. Motion carried with 8 yea and 3 nay votes.

 

AB 226 Relating to: vehicle registration plates for certain sex offenders and providing penalties. Motion to OPPOSE by Randy Stammen and seconded by Mike Weissenberger. Motion carried.

 

AB 241 Relating to: graffiti and providing a penalty. NO ACTION TAKEN

 

AB 242 Relating to: notice for child abuse, vulnerable adult, and harassment injunctions. Motion under SB 124 to SUPPORT by Maury Straub and seconded by Randy Stammen. Motion carried under SB 124.

 

AB 245 Relating to: battery to a district attorney or assistant district attorney and providing a penalty. Motion to SUPPORT by Randy Stammen and seconded by Mike Weissenberger. Motion carried.

 

AB 246 Relating to: identification for purposes related to the purchase of alcohol beverages. Motion to SUPPORT Mike Weissenberger and seconded by Randy Stammen. Motion carried.

 

AB 249 Relating to: conditions prior to disposition for a juvenile who is not being held in secure or nonsecure custody and providing a penalty. Motion to SUPPORT by Gene Cary and seconded by Bob Lee. Motion carried.

 

AB 253 Relating to: the apportionment of law enforcement services costs among counties and municipalities. Motion to OPPOSE by Ron Cramer and seconded by Gene Cary. Motion carried.

 

AB 260 Relating to: permitting an employer to refuse to employ or to terminate from employment an individual who has been convicted of a sex offense or a violent offense and preempting cities, villages, town, and counties from adopting provisions concerning employment discrimination based on arrest or conviction record that prohibit activity that is allowed under the state fair employment law. Motion to SUPPORT by Ron Cramer and seconded by David Mahoney. Motion carried.

 

AB 267 Relating to: retention of personal identification data by retailers. Motion to OPPOSE by Gene Cary and seconded by Jim Hanson. Motion carried.

 

AB 269 Relating to: threats to social service workers, juvenile intake workers, or child support workers and providing a penalty. Motion to SUPPORT by Gene Cary and seconded by David Mahoney. Motion carried.

 

Old Business

 

Proposed changes to the Officers Safety Act (HR218) - no action taken at this time.

 

Motion to adjourn by David Mahoney and seconded by Roger Brantner. Motion carried.

 

James I. Cardinal, Secretary

Joint Legislative Committee