3- Former Governor Lee Dreyfus (in an interview with The Capital Times): / have seen a change in society's standards in my lifetime and the law ought to conform with societal standards. There's no sense in having a law that doesn't, and is therefore unenforceable. It's time for a realistic change. The Rev. Dale Coleman, Grace Episcopal Church, Madison: In spite of my concern about the breakdown of any concensus in our culture about morality, and my fairly conservative moral views in the Christian church, I think a greater danger would come from giving the State police powers to enforce any strict moral code from any religious persuasion. Chief David Couper, Madison Police Department: Private sexual behavior is another area in which we do not really mean what we say... Most of us can conclude the energies and resources of the police can be better used elsewhere. The Rev. Paul Flucke, Plymouth United Church of Christ, Milwaukee: / support this legislation out of a concern, first, for morality; second, for law; and third, for freedom. Dr. Lawrence A. Sinclair, Chairperson, Department of Religion, Carroll College: It is dangerous for any government body to legislate morality and infringe on the privacy rights of individuals. Some of the Editorial Support for Consenting Adults Legislation: Chance to slam the bedroom door... The Wisconsin Assembly has another chance to approve a bill that would remove criminal sanctions on private, noncommercial sexual acts between consenting adults. Representatives should grasp the opportunity. The Milwaukee Journal, April 5, 1981. Criminal definitions of sex... The state doesn't belong in anyone's bedroom. The Post Crescent has said so editorially for a long time. It's past time for Wisconsin legislators to enact enforceable laws and discard the outmoded one that never should have passed anyway. The Appleton Post Crescent, April 23, 1981. It's not state's job to regulate sexual morality... Twenty five states have passed consenting adults laws and society has not come apart at the seams. Wisconsin should follow suit. Wisconsin Rapids Daily Tribune, March 7, 1981. or to Deregulating sex... It's still impossible to legislate moral concensus make official designation of right and wrong. Public laws fare better in less private areas. The Janesville Gazette, March 12, 1980. Unnecessary nuisance...It is time our legislators stood up to these threats to our first amendment freedoms and revamped our sex laws. The Milton Courier, May 14, 1981. Out of the bedrooms, snoopers... Why is it that the same people who want to get government off our backs are so reluctant to cast off one of the most intrusive state laws on the books? The Capital Times, May 1, 1981. enah Bo Bond --- David Clarenbach ISSUES & COMMENT THE CONSENTING ADULTS BILL Bill History: AB 250 was introduced by the Assembly Committee on Criminal Justice and Public Safety and recommended for passage on a bipartisan vote. (Identical legislation has been introduced the past two successive sessions by at the request of this committee and the Senate Human Services Committee - over 50 members of the clergy, religious and law enforcement groups and individuals. Previously, the bill has passed the Senate and came within one vote of passage in the Assembly last session. Both former Governor Dreyfus and Governor Earl have indicated support for this initiative. Scope of AB 250: Decriminalizes a limited number of private acts. The bill: [1] Repeals the cohabitation statute, Wis. Stats. 944.20 (3), with respect to adults. [2] Adds the words in public to the fornication statute, Wis. Stats. 944.15. [3] Recreates the perversion statute as a sexual gratification statute, adding the words in public to Wis. Stats. 944.17(1)(a). [4] Repeals the part of the drivers license statutes, Wis. Stats. 343.30(2)(d), making it no longer possible to deny a license due to conviction under 944.17. What AB 250 Does NOT Do: Doesn't decriminalize any sexual acts done for The pay (prostitution). This bill does not repeal the adultery statute. current laws on sexual assault continue to apply to all non-consenting sexual acts. All sexual acts between an adult and minor (not the person's spouse) remain criminal. Sexual activity with animals remains criminal. National Support for Sex Law Reform: Similar legislation has been enacted in 25 states, including Alaska, California, Illinois, Indiana, Iowa, Nebraska, New York, North Dakota, Ohio, Oregon, Pennsylvania, South Dakota and Vermont. Many other states have never had cohabitation statutes. The model penal code of the American Bar Association contains no criminal sanctions for private sexual acts between consenting adults, and recommends their repeal where they do exist. The American Bar Association, the American Federation of Teachers, the American Medical Association, the American Psychiatric Association and the National Association of Social Workers support the concept of decriminalization. (MORE) OFFICE OF THE SPEAKER PRO TEM 422 NORTH, STATE CAPITOL MADISON, WI 53702 608-266-8570 --- 2 - Many of the country's largest corporations, including AT&T, IBM, Bank of America, Procter & Gamble, McDonald's, Honeywell and Citicorp, have adopted written policies that guarantee employes' right to privacy in their sexual activity. - Three higher courts in the United States have found statutes prohibiting sexual behavior between consenting adults to be an unwarranted invasion of privacy under the U.S. Constitution in New Jersey, Pennsylvania and New York. The New York Supreme Court at Rochester, ruled that Personal sexual conduct is a fundamental right protected by the right of privacy because of the transcendental importance of sex to the human condition, the intimacy of conduct, and its relationship to a person's right to control his or her own body. Wisconsin and the Law: A 1977 study of the cohabitation statute by University of Wisconsin Law Professor Martha Fineman shows that 73% of Wisconsin district attorneys concurred that cohabitation is not a matter which can or should be addressed by criminal sanctions or the criminal justice system. Only 14.5% thought cohabitation should be addressed by the criminal justice system. Yet, each year Wisconsin adults are prosecuted for cohabitation and for sexual acts performed in the privacy of their own home. Last year, Clark Norton in an article entitled Sex in America: An Outlaw's Guide stated that Wisconsin has the national reputation as the forerunner in the field of nabbing fornicators. Some of the statewide organizations that have endorsed the repeal of these archaic laws are the United Ministry in Higher Education, League of Women Voters, Wisconsin Women's Network, Wisconsin Council on Human Concerns, Wisconsin Federation of Teachers, Wisconsin Chapter of the National Association of Social Workers and Wisconsin AFSCME. Some Statements of Support for Assembly Bill 250: sex are League of Women Voters: The League of Women Voters of Wisconsin urges passage of this law reform legislation... The current statutes enforced in an arbitrary and capricious manner...Aggressive enforcement of this law as it applies to private acts of consenting adults implies the necessity of gestapo like tactics and raises the questions of whether or not privacy rights would be infringed by such enforcement. - Rodney A. Zemke, District Attorney of Eau Claire County and Former President of the Wisconsin DA's Association: I heartily endorse your proposed changes regarding sexual activity between consenting adults. Bishop Marjorie S. Matthews, the United Methodist Church of Wisconsin: / feel this is much needed and warranted legislation. I do support its enactment in the state of Wisconsin. (MORE) Bond --- Historical Society reforms The State Historical Society has a national reputation for its research and archival collections. In recent years, however, these programs have suffered dramatic setbacks due to budget cuts and competing priorities. Some of the criticism of the Society has been directed at the need to reform the governance structure. While all other state agencies are administered by Secretaries or Boards appointed by the Governor and confirmed by the Senate, the Historical Society has been unique in that their Board was exclusively selected by a private membership organization. As a result of a compromise reached with the Board of Curators, I authored the legislation that has changed the composition of the Board to include gubernatorial and legislative members. The Speaker of the Assembly has named me as the first citizen appointee. I believe we are working well together in a new spirit of cooperation that will benefit the Society and the people whose history we keep. WCLU honors It was a very special occasion for me to be recognized at the January 7, 1984 Annual Bill of Rights event of the Wisconsin Civil Liberties Union as the recipient of the Legislative scorecard William Gorham Rice Civil Libertarian of the Year award. This recognition has particular meaning for me. First, because Bill Rice, a national symbol of protection of civil liberties, was a man with whom my parents and I had the privilege of working and for whom we had deep affection. And second, the award is a reminder of the many friends and co-workers who joined in efforts to protect privacy, human and civil rights, and defend reproductive and sexua freedom. Here is the progress to date of some of the bills that I authored or coauthored this session: Creates a one-stop permit center for businesses Restructures Historical Society "Whistleblower Bill" protects government employes who disclose wrongdoing Removes criminal sanctions against sexual activity between consenting adults in private Continues employe health insurance after cessation of business operations Reinstates public funding for abortions AB 34 AB 35 Establishes a labor training fund AB 47 Makes Martin Luther King's birthday a state holiday AB 76 Grants collective bargaining rights AB 138 Bans phosphates in detergents AB 196 AB 200 Marital property reform bill AB 240 AB 250 AB 314 AB 315 Requires advance notice to employes of plant closing AB 595 Protects groundwater from pollution AB 622 Licenses and regulates social and mental health workers AB 687 Creates tax exemption for retirement benefits AB 733 AB 826 AB 845 AB 854 AB 895 AB 909 AR 9 Declares Peace and Jobs Week AJR 75 AJR 76 SSAB 4 SSAB 6 Creates Wisconsin Economic Development Authority SSAB 7 SB 116 SB 118 SB 182 Restricts mortgage foreclosures SJR 19 Makes Wisconsin Nuclear Free Zone Declares moratorium on the construction of nuclear power plants Creates incentives and council for employe-owned businesses Compensates Elwin Donaldson for wrongful conviction and imprisonment Creates criminal penalty for impeding rescue vehicles and personnel "Patients Bill of Rights" Calls for immediate withdrawl of U.S. troops from Lebanon Requests that Legislative Council study state-operated health insurance plan Reduces small business regulation "Wisconsin Dairy Act" Expands prohibition against discrimination in employment because of age Toxic substances and employes right-to-know law Enacted (Act 91) Enacted (Act 27, Budget Bill) Enacted (Act 7) Recommended by Labor Committee; referred to Joint Finance Enacted (Act 73) Enacted (Act 27, Budget Bill) Awaiting further Senate and Assembly action Recommended by JCRAR and Finance; In Assembly Enacted (Act 17) In Financial Institutions and Insurance Committee Passed by Assembly; In Senate In Environmental Resources Committee Rec. by Commerce & Consumer Affairs Committee; ref. to Jt. Finance In Joint Committee on Tax Exemptions In Family and Economic Assistance Committee Recommended by Energy & Utilities Committee; In Assembly In Economic Development Committee In Joint Finance Committee Rec. by Criminal Justice & Public Safety Committee; In Assembly In Health and Human Services Committee Adopted Recommended by Veterans & Military Affairs Committee; In Assembly In Health and Human Services Committee Enacted (Act 90) Enacted (Act 83) Enacted (Act 92) Passed by Senate; In Assembly Passed by Senate: In Assembly Passed by Senate; In Assembly Passed by Senate; In Assembly --- Legislative scorecard Here is the final status for this session of some of the bills I authored and helped further: AB 34 AB 35 Creates a one-stop permit center for businesses Establishes a labor training fund Makes Martin Luther King's birthday a state holiday Enacted Enacted (Act 27, Budget Bill) Restructures Historical Society "Whistleblower bill" protects state employes who disclose wrongdoing Removes criminal sanctions against sexual activity between consenting adults in private Verification of nursing home payroll records Continues employe health insurance after cessation of business operations Prohibits residency requirements for municipal employes Licenses and regulates social and mental health workers Creates tax exemption for retirement benefits Reinstates public funding for abortions Declares moratorium on the construction of nuclear power plants Creates incentives and council for employe-owned businesses Compensates Elwin Donaldson for wrongful conviction and imprisonment Creates penalty for impeding rescue vehicles and personnel "Patients Bill of Rights" AB 47 AB 138 Bans phosphates in detergents AB 196 AB 200 Marital property reform AB 240 AB 250 AB 309 AB 314 AB 315 Requires advance notice to employes of plant closing and layoffs AB 577 AB 595 Protects groundwater from pollution AB 622 AB 687 AB 698 Prevents domestic abuse AB 733 AB 826 AB 845 AB 854 AB 895 AB 909 AB 954 AB 1076 AB 1085 AB 1123 AB 1131 AR 9 AJR 75 AJR 76 SSAB 4 SSAB 6 SSAB 7 SB 55 SB 116 SB 118 SB 182 Restrict mortgage foreclosure SB 253 Fetal alcohol syndrome information program SB 398 Limits sulfur dioxide emissions SB 542 SB 568 SJR 19 Makes Wisconsin Nuclear Free Zone Funds Comparable Worth Task Force Sets occupational safeguards for video display terminal users Promotes the use of real dairy products in public food service operations Adds student to UW Board of Regents Student loan bonding expanded Declares Jobs with Peace Week Calls for immediate withdrawl of U.S. troops from Lebanon Requests that Legislative Council study state-operated health insurance plan Reduces small business regulation Creates Wisconsin Economic Development Authority "Wisconsin Dairy Act" Grants teaching assistants collective bargaining rights Expands prohibition against discrimination in employment because of age Toxic substances and employes right-to-know School Board members elected to at-large numbered seats. Increased retirement benefits for public employes Enacted Enacted Enacted (Act 27, Budget Bill) Enacted Enacted Enacted Passed Assembly; in Senate In Financial Institutions & Insurance Committee Enacted Passed Assembly; in Senate Enacted Recommended by Commerce & Consumer Affairs; in Joint Finance Recommended by Joint Committee on Tax Exemptions; in Joint Finance Enacted In Family and Economic Assistance Committee Enacted Passed Assembly; in Senate Awaiting action by Claims Board Enacted In Health and Human Services Committee Enacted In Labor Committee Recommended by Agriculture Committee; in Rules Committee In Higher Education Committee Passed Assembly; in Senate Adopted Adopted by Assembly In Health and Human Services Committee Enacted Enacted Enacted Passed Senate; in Assembly Rules Committee Enacted Enacted Passed Senate; in Assembly Rules Committee Passed Senate; in Assembly Health & Human Services Committee Enacted Enacted (Amendment to AB 540) Enacted Adopted by Senate David E. Clarenbach SPEAKER PRO TEM OF THE ASSEMBLY 422 North, State Capitol Madison, Wisconsin 53702 608-266-8570 OR CURRENT RESIDENT Bulk Rate U.S. Postage PAID Madison, WI Permit No. 1749 --- Reprinted from the Vol. 129 WASHINGTON, MONDAY, SEPTEMBER 26, 1983 No. 125 Congressional Record A TRIBUTE TO AN OUTSTANDING LEGISLATOR: DAVID E. CLARENBACH The SPEAKER pro tempore. Under a previous order of the House, the gentle- man from Wisconsin (Mr. KASTENMEIER) is recognized for 5 minutes. Mr. KASTENMEIER. Mr. Speaker, whoever said that youth was wasted on the young never met Wisconsin State Repre- sentative David E. Clarenbach. Next month David will celebrate his 30th birthday. He will also observe his 12th year as an elected public official and his 10th year in the Wis- consin State Legislature. David's remarkable career is a testament to the ability of young people, if they care, to have a meaningful impact on public pol- icy. Elected to the Dane County Board of Supervisors at the age of 18, he spent 2 years on the county board and then was elected to the Madison City Council in 1974. That same year he ran for the Wis- consin State Assembly and began an illus- trious career which already spans 10 years and which is clearly only the beginning. During his service in the assembly, David has chaired two standing committees- Government Operations in 1981 and the Joint Survey Committee on Tax Exemp- tions in 1979. This year he was elected speaker pro tem of the assembly. He also initiated and chaired two legis- lative council special committees, both of which addressed key issues and resulted in the introduction and passage of legislation: the Study Committee on the Privacy of Personal Records and the Study Commit- tee on Economic Development. The Eco- nomic Development Committee has re- sulted in the establishment for the first time of permanent committees in both the as- sembly and senate to address this issue. David is a legislator in the most pro- gressive Wisconsin tradition. Invariably ahead of his time, he has introduced and worked for numerous legislative initiatives that many thought were hopeless causes when they were first offered. Today, he can look back on key accomplishments that re- sulted from his vision and his persistence: regulation of the use of lie detectors, a mor- atorium on nuclear powerplant construc- tion, the mandate of emergency plans for nuclear powerplant accidents, the end of criminal sanctions for private consensual sexual activity, and the Nation's first state- wide prohibition on discrimination based on sexual orientation. David has been honored many times with awards for his achievements, most re- cently by the Wisconsin Women's Political Caucus, the Wisconsin Civil Liberties Union, the Wisconsin State Employees Union, and Environmental Decade. He has also been selected as one of the "Outstand- ing Young Men in America." This would be an enviable career for an individual who had served decades in pub- lic office and was looking forward to re- tirement. Yet, those of us who know David and have worked with him during his years in public office know that there are vistas yet to be explored and still further imprints to be left on history. I join his many friends in congratulating David Clarenbach for a truly remarkable 10 years and wish him continued success as he enters his second decade in the State legislature. The Clarenbach Committee, Carla J. Shedivy, Treasurer. Labor Donated ---