WISCONSIN SHERIFFS & DEPUTY SHERIFFS ASSOCIATION

BADGER STATE SHERIFFS ASSOCIATION

 

LEGISLATIVE COMMITTEE MINUTES

July 9, 2007

 

 

Location: Sauk County Sheriff's Department Conference Room, Baraboo WI

 

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, Scott Pedley, Jeff Wiswell and James Cardinal. Badger State Sheriff's Association members, David Mahoney, Maury Straub, and Gene Cary.

 

Discussion regarding AB 198 and SB 38 relating to conservation wardens employed by the Great Lakes Indian Fish & Wildlife Commission and the Wisconsin Bader Sheriffs Association voted to oppose AB 198 and SB 38.at its meeting in Siren Wisconsin. Motion to OPPOSE AB 198 and SB 38 by Maury Straub and seconded by Bruce Daniels. Motion carried.

 

Reviewed letter of January 18, 2007 from Vince DelaRose, Oneida Councilman, motion to PLACE ON FILE by Bob Lee and seconded by Mike Weissenberger. Motion carried.

 

Review LRB 1684/1 Reimbursement for Damage caused by Dogs, at the May 2, 2007 meeting no action taken, tabled to the next meeting. Continue to TABLE at this time.

 

Review SB 42  Relating to: school policies on bullying, at the May 2, 2007 meeting a motion to TABLE by Gene Cary and seconded by Ron Cramer. Motion carried. This bill is being reviewed at this time, motion to TAKE NO ACTION by Gene Cary and seconded by David Mahoney. Motion carried.

 

Review 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. At the May 2, 2007 meeting a motion to TABLE by David Mahoney and seconded by Gene Cary. Motion carried. This bill is being reviewed and it was found that SB 63 was signed into law.

 

Review AB 80  Relating to: special distinguishing registration plates for persons who have had an immediate family member die while in military service. At the May 2, 2007 meeting a motion by Jim Hanson to table and seconded by Maury Straub. Motion carried. This bill is being reviewed and a motion to SUPPORT by Mike Weissenberger and seconded by Scott Pedley. Motion carried.

 

Review AB 203 Relating to: electronic seat check reminders on school buses, granting rule-making authority, and providing a penalty. At the May 2, 2007 meeting a motion to TABLE by Randy Stammen and seconded by Maury Straub. Motion carried. This bill is being reviewed and a motion to CONTINUE TO TABLE by Mike Weissenberger and seconded by Maury Straub. Motion carried.

 

Review the budget bill regarding the one license plate and a motion to OPPOSE any legislation to remove the front license plate by Randy Stammen and seconded by Gene Cary. Motion carried.

 

Review LRB 819/1 vehicles transporting human organs and after some discussion and some concern of highway safety issue, motion to OPPOSE this legislation by Mike Weissenberger and seconded by Jim Hanson. Motion carried.

 

Review of LRB 483/1 habitual truancy bill, motion to MONITOR BY Jim Hanson and seconded by David Mahoney. Motion carried.

 

Legislative Fiscal Bureau - Nonresident tuition remission for Certain Undocumented Person

(University of Wisconsin System and Wisconsin Technical College System) Discussion followed and a motion to OPPOSE by Maury Straub and seconded Gene Cary. Motion carried.

 

LRB 2149 Preliminary Draft relating to: person registered sex offenders, motion to SUPPORT by Mike Weissenberger and seconded by Bob Lee. Motion carried.

 

LRB 1791 Preliminary Draft relating to: operating a motor vehicle without a valid driver's license or after suspension or revocation of an operating privilege. Motion to TABLE by Mike Weissenberger and seconded by Roger Brandner, Jr. Motion carried.

 

Senator Feingold-Specter PRECAUTION Act Prevention Resources for Elimination Criminal Activity Using Tailored Interventions in Our Neighborhoods. Some discussion as to where the money was coming from. Motion to TABLE by Maury Straub and seconded by Mike Weissenberger. Motion carried.

 

 Precautionary Act National Draft of Emergency Management Services was discussed and a motion to TABLE by Mike Weissenberger and seconded by Jim Hanson. Motion carried.

 

 

Senate Bills

 

SB 19   Relating to: creditable military service under the Wisconsin Retirement System. On February 23, 2007, under AB 43 - motion to SUPPORT by Randy Stammen and seconded by Gene Cary. Motion carried.

 

SB 142 Relating to: requirements to successfully complete training on use of an automated external defibrillator, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and requiring the exercise of rule-making authority. Review of this bill and some concern regarding a safety issue. Motion to MONITOR by Scott Pedley and seconded by Gene Cary. Motion carried.

 

SB 145 Relating to: purchase of creditable service under the Wisconsin Retirement System for active service in the U.S. armed forces. Motion to SUPPORT by Scott Pedley and seconded by Jim Hanson. Motion carried.

 

SB 148 Relating to: exempting an assessor and an assessor's staff from liability for trespassing and creating immunity from civil liability. Motion to SUPPORT by Mike Weissenberger and seconded by Scott Pedley. Motion carried.

 

SB 152 Relating to: rail security and providing a penalty. Motion to SUPPORT by Bob Lee and seconded by Scott Pedley. Motion carried.

 

SB 157 Relating to: considerations for determining conditions of pretrial release for a person accused of committing a crime. Motion to SUPPORT by Randy Stammen and seconded by Mike Weissenberger. Motion carried.

 

SB 158 And AB 303 Relating to: lightweight utility vehicles, granting rule-making authority, and providing a penalty. Motion to SUPPORT by Scott Pedley and seconded by Jim Hanson. Motion carried.

 

SB 159 And AB 282 relating to: threatening a school official. Motion to SUPPORT by Scott Pedley and seconded by Roger Brandner, Jr. Motion carried.

 

SB 162 Relating to: extending domestic abuse restraining orders and injunctions to include abuse to animals and threats of abuse to animals. Motion to remain NEUTRAL by Maury Straub and seconded by David Mahoney. Motion carried.

 

SB 164 Relating to: limiting authorized employee positions in state government. Motion to OPPOSE by Randy Stammen and seconded by David Mahoney. Motion carried.

 

SB166  Relating to: issuance of certain hunting approvals to certain members of the U.S. armed forces. Motion to SUPPORT by Maury Straub and seconded by Mike Weissenberger. Motion carried.

 

SB 172 And AB 311 Relating to: the use of automatic dialing announcing devices and providing a penalty. Motion by to remain NEUTRAL by David Mahoney and seconded by Scott Pedley. Motion carried.

 

SB 176 And AB 308 Relating to: payment of a 1st class city police officer's salary after discharge and the adjournment of a trial or investigation relating to charges brought against such an officer. Motion to remain NEUTRAL by Mike Weissenberger and seconded by David Mahoney. Motion carried with one nay vote.

 

SB 184 and AB 356 Relating to: requiring the Department of Transportation to establish rules allowing living will and health care power of attorney information to be included on driver's licenses, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, providing an exemption from rule-making procedures, and granting rule-making authority. Motion to TAKE NO ACTION by Randy Stammen and seconded by Gene Cary. Motion carried.

 

SB 185 Relating to: trespass by operators of snowmobiles, all-terrain vehicles, and other off-road vehicles; increasing the appropriations for certain all-terrain vehicle programs; fees for registration of all-terrain vehicles for public and private use, fees for commercial all-terrain vehicle certificates, and fees for nonresident all-terrain vehicle trail passes; creating an all-terrain vehicle damage claim program; the all-terrain vehicle gas tax payment; promulgation of rules to establish standards and procedures for certifying the designation of all-terrain vehicle routes and trails; the display of all-terrain vehicle registration numbers; creating an individual income tax checkoff for trails that are not open to motorized vehicles; creating a no motorized trails program; requiring a certificate of title for an all-terrain vehicle; granting rule-making authority; requiring the exercise of rule-making authority; making an appropriation; and providing penalties. Motion to MONITOR by Scott Pedley and seconded by Mike Weissenberger. Motion carried.

 

SB 186 Relating to: neighborhood electric vehicles. Motion to SUPPORT by Scott Pedley and seconded by Mike Weissenberger. Motion carried.

 

SB 187 Relating to: the prohibition against underage persons entering or being on any premises operating under an alcohol beverage license. Motion to MONITOR by Scott Pedley and seconded by Bob Lee. Motion carried.

 

 

 

SB 188 Relating to: eliminating the penalty for participating in an office sports pool. Motion to SUPPORT by Roger Brandner, Jr. and seconded by Randy Stammen. Motion failed.

            Motion then made to TAKE NO ACTION by Scott Pedley and seconded by Maury Straub. Motion carried.

 

SB 193 Relating to: drunken driving and providing a penalty. Motion to TABLE pending further information by Randy Stammen and seconded by Scott Pedley. Motion carried.

 

SB 196 and AB 397 Relating to: aiding a felon and providing penalties. Motion to SUPPORT by Mike Weissenberger and seconded by Gene Cary. Motion carried.

 

SB 198 and AB 401 Relating to: hunting of deer during the open bow hunting season. Motion to SUPPORT by Randy Stammen and seconded by Mike Weissenberger. Motion carried.

 

SB 199 and AB 393 Relating to: adding a circuit court branch in Barron, Chippewa, Dodge, Green, Juneau, Monroe, and St. Croix counties. Motion to SUPPORT by Scott Pedley and seconded by Mike Weissenberger. Motion carried.

 

SB 209 and AB 414 Relating to: annual or consecutive month permits for vehicles or combinations of vehicles transporting loads near the Wisconsin-Michigan border. Motion to TABLE by Randy Stammen and seconded by Scott Pedley. Motion carried.

 

SB 214 Relating to: the disclosure of certain library records to law enforcement officers. Motion to SUPPORT by Gene Cary and seconded by Mike Weissenberger. Motion carried.

 

Assembly Bills

 

AB 271 Relating to: the right to a trial by jury for a juvenile for whom the petitioner has reserved the right to recommend placement in the Serious Juvenile Offender Program or in a juvenile correctional facility beyond the age of majority. Motion to TAKE NO ACTION by Randy Stammen and seconded by Gene Cary. Motion carried.

 

AB 275 Relating to: a presumption for purposes of the worker's compensation law that the injury or death of a fire fighter due to heart or respiratory impairment or disease or due to a cerebrovascular accident arose out of the fire fighter's employment. No action taken for lack of motion.

 

AB 276 Relating to: appellate procedure regarding restitution in criminal actions, commitments of persons found not guilty by reason of mental disease or defect, and commitments of sexually violent persons. Motion to MONITOR by Randy Stammen and seconded by Mike Weissenberger. Motion carried.

 

AB 277 Relating to: adjusting prison sentences for misdemeanors. Motion to SUPPORT by Mike Weissenberger and seconded by Roger Brandner, Jr. Motion carried with one nay vote..

 

AB 278 Relating to: defendant's presence at a pretrial conference in a criminal case. Motion to SUPPORT Bob Lee and seconded by Mike Weissenberger. Motion carried.

 

AB 282 And SB 159 Relating to: threatening a school official. Motion to SUPPORT by Scott Pedley and seconded by Roger Brandner, Jr. Motion carried.

 

AB 287 Relating to: the definition of service animal for purposes of discrimination against a person using a service animal in a public accommodation and harassment of a service animal and providing a penalty. Motion to SUPPORT by Maury Straub and seconded by Roger Brandner, Jr. Motion carried.

 

AB 290 Relating to: requiring funding for bills imposing state mandates on local units of government. Motion to TAKE NO ACTION by Randy Stammen and seconded by Scott Pedley. Motion carried.

 

AB303 And SB 158 Relating to: lightweight utility vehicles, granting rule-making authority, and providing a penalty.  Motion to SUPPORT by Scott Pedley and seconded by Jim Hanson. Motion carried.

 

AB 308 And SB 176 Relating to: payment of a 1st class city police officer's salary after discharge and the adjournment of a trial or investigation relating to charges brought against such an officer. Motion to remain NEUTRAL by Mike Weissenberger and seconded by David Mahoney. Motion carried with one nay vote.

 

AB 311 And SB 172 Relating to: the use of automatic dialing announcing devices and providing a penalty. Motion by to remain NEUTRAL by David Mahoney and seconded by Scott Pedley. Motion carried.

 

AB 319 Relating to: the definitions of motor bicycle and moped. Motion to TAKE NO ACTION by Scott Pedley and seconded by Randy Stammen. Motion carried.

 

AB 326 Relating to: notification requirements for persons who must register as sex offenders and who are on school premises and providing a penalty. Motion to SUPPORT by Mike Weissenberger and seconded by Randy Stammen. Motion carried.

 

AB 330 Relating to: voluntary intoxication as a defense to criminal liability. Motion to SUPPORT by Scott Pedley and seconded by Bob Lee. Motion carried.

 

AB 332 Relating to: disclosure of information regarding sexually violent persons, creating a definition of high-risk sex offender, child safety zones, sex offender registry requirements, the sex offender registry Web site, and disclosure of sex offender registry and global positioning system tracking information to postsecondary educational institutions. Motion to MONITOR pending further information by Scott Pedley and seconded by Gene Cary. Motion carried.

 

AB 336 Relating to: substitution of a judge in a criminal action. Motion to SUPPORT by Scott Pedley and seconded by Gene Cary. Motion carried.

 

AB 337 Relating to: battery or threat to witnesses and providing a penalty. Motion to SUPPORT by Mike Weissenberger and seconded by Scott Pedley. Motion carried.

 

AB 338 Relating to: aiding or harboring a felon. Motion to SUPPORT by Mike Weissenberger and seconded by Scott Pedley. Motion carried.

 

AB 339 And SB 186 Relating to: neighborhood electric vehicles. Motion to SUPPORT by Scott Pedley and seconded by Mike Weissenberger. Motion carried.

 

AB 340 Relating to: retail theft, proof of ownership for certain sales, and providing penalties. Motion to remain NEUTRAL until further information is obtained by Bob Lee and seconded by Scott Pedley. Motion carried.

 

AB 343 Relating to: increasing the low-revenue ceiling for school district revenue limit purposes. Motion to MONITOR by Gene Cary and seconded by Mike Weissenberger. Motion carried.

 

 

 

 

 

AB 354 Relating to: classifying members of the Parole Commission and state employees who are employed at a state correctional institution, juvenile correctional facility, the mental health institutes at Mendota and Winnebago, the Wisconsin Resource Center, and any secure mental health unit or facility for sexually violent persons as protective occupation participants under the Wisconsin Retirement System. Motion to OPPOSE with the comment that because jailer should be included by Scott Pedley and seconded by Randy Stammen. Motion carried.

 

AB 356 and SB 184 Relating to: requiring the Department of Transportation to establish rules allowing living will and health care power of attorney information to be included on driver's licenses, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, providing an exemption from rule-making procedures, and granting rule-making authority. Motion to TAKE NO ACTION by Randy Stammen and seconded by Gene Cary. Motion carried.

 

AB 357 Relating to: judicial review of an administrative suspension of driving privileges. Motion to TAKE NO ACTION by Mike Weissenberger and seconded by Gene Cary. Motion carried.

 

AB 364 Relating to: charges for inmate telephone use at a jail or house of correction. Motion to OPPOSE by David Mahoney and seconded by Maury Straub. Motion carried.

 

AB 366 Relating to: sentencing for crimes on school premises and providing a penalty. Motion to SUPPORT by Scott Pedley and seconded by Gene Cary. Motion carried.

 

AB 367 Relating to: trespass on school premises and providing a penalty. Motion to SUPPORT by Scott Pedley and seconded by Bob Lee. Motion carried.

 

AB 373 Relating to: an exemption from the witness exclusion rule in criminal and delinquency proceedings for a law enforcement officer designated by the state. Motion to OPPOSE by Mike Weissenberger and seconded by Randy Stammen. Motion carried.

 

AB 374 Relating to: creating a commercial driver license exception for municipal officials operating commercial motor vehicles. Motion to SUPPORT by David Mahoney and seconded by Scott Pedley. Motion carried.

 

AB 380 Relating to: the sale of fireworks; fireworks permits and displays; shipping fireworks; fireworks wholesalers licenses; disposition of seized fireworks; fireworks enforcement; granting rule-making authority; making an appropriation; and providing a penalty. Motion to MONITOR by Scott Pedley and seconded by Mike Weissenberger. Motion carried.

 

AB 390 Relating to: restoring the right to vote to a person barred from voting as a result of a felony conviction. Motion to TAKE NO ACTION by Scott Pedley and seconded by Gene Cary. This motion failed. Motion to OPPOSE by Maury Straub and seconded by Mike Weissenberger. Motion carried.

 

AB 393 and SB 199 Relating to: adding a circuit court branch in Barron, Chippewa, Dodge, Green, Juneau, Monroe, and St. Croix counties. Motion to SUPPORT by Scott Pedley and seconded by Mike Weissenberger. Motion carried

 

AB 397and SB 196 Relating to: aiding a felon and providing penalties. Motion to SUPPORT by Mike Weissenberger and seconded by Gene Cary. Motion carried.

 

 

AB 400 Relating to: powers and duties of the Department of Military Affairs, the adjutant general, military officers, military property and assets, the national guard, the state defense force, rights of service personnel, the Wisconsin code of military justice, making an appropriation, and providing a penalty. Motion to TAKE NO ACTION at this time and that more information is needed by Bob Lee and seconded by Scott Pedley. Motion carried.

 

AB 401 and SB 198 Relating to: hunting of deer during the open bow hunting season. Motion to SUPPORT by Randy Stammen and seconded by Mike Weissenberger. Motion carried.

 

AB 405 Relating to: penalty for first-degree intentional homicide if victim is a law enforcement officer and providing a penalty. Motion to SUPPORT by David Mahoney and seconded by Mike Weissenberger. Motion carried.

 

AB 411 Relating to: receiving a stolen firearm, and providing a penalty. Motion to SUPPORT by Scott Pedley and seconded by Mike Weissenberger. Motion carried.      

 

AB 412 Relating to: crimes committed against individuals who are at least 65 years old and providing penalties. Motion to SUPPORT by Gene Cary and seconded by Mike Weissenberger. Motion carried.

 

AB 414 and SB 209 Relating to: annual or consecutive month permits for vehicles or combinations of vehicles transporting loads near the Wisconsin-Michigan border. Motion to TABLE by Randy Stammen and seconded by Scott Pedley. Motion carried.

 

AB 418 Relating to: restricting access to the consolidated court automated programs. Motion to OPPOSE by Maury Straub and seconded by Mike Weissenberger. Motion carried.

 

AB 421 Relating to: special operator licenses and identification cards for persons registered as sex offenders and providing a penalty. Motion to SUPPORT by Scott Pedley and seconded by Gene Cary. Motion carried.

 

AB 424 Relating to: adjudications for involuntary commitment, appointment of a guardian of the person, and protective placement or protective services, background checks for the purchase of handguns, and requiring the exercise of rule-making authority. Motion to SUPPORT by Scotty Pedley and seconded by Mike Weissenberger. Motion carried.

 

 

Motion by Randy Stammen to adjourn and seconded by Scott Pedley. Motion carried.

 

James I. Cardinal, Secretary

Joint Legislative Committee