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Jan. 27, 2006
The Senate this past week was able
to secure enough votes ( 23) to override the Governor’s veto of
concealed carry legislation. The fate of the override in the
Assembly, where the required 2/3 vote failed by only one vote last
session, is uncertain, but the answer is scheduled to come next
Tuesday when the measure moves to the Assembly floor.
Following the concealed carry vote, Senate leadership has scheduled veto
override votes on two major pieces of liability reform legislation. These
bills, Senate Bill 58, relating to product liability changes, and Senate
bill 402, which would restore traditional tort law requiring the proof of
fault and causation, were vetoed by the Governor earlier this year.
Proponents of concealed carry have consistently argued that Wisconsin is one
of only a handful of states that does not allow concealed carry under at
least some circumstances. Proponents of Senate Bill 402 can and do argue
that Wisconsin is the only state in the country that operates under
the expanded “risk contribution” theory, which the bill would overturn.
The State Legislature moved one step closer to making a statement regarding
the eminent domain case handed down by the U.S. Supreme Court last year. The
Senate this week concurred with the Assembly on Assembly Bill 657, but only
after adopting two, mostly clarifying, amendments of it own. The bill makes
an appropriate “property rights protection” statement without overly
burdening “legitimate” economic development activities.
The Legislature will be engaged in floor debate and vote next week before
taking a break from floor sessions until February 21st. There
will be significant committee activity in the interim.
Also, please mark your calendars for the “2006 Governor’s Conference on
Economic Development,” February 8-10, and “Business Day Wisconsin,” February
22nd, both at the Monona Terrace Convention Center, Madison.
Policy Developments
Civil Justice Bills
Advance/Veto Override Votes Scheduled
The Assembly this week passed:
-
AB-338, relating to civil liability exemptions from claims resulting
from weight gain or obesity. (65-32)
-
AB-843, relating to heightening the standards for the award of
punitive damages in civil cases. (59-38)
The
Senate has scheduled the punitive damages bill for floor action next week as
well as
AB-278 which includes the standards for the admission of expert
opinion evidence; restrictions on the Attorney General’s power regarding
public nuisance lawsuits and repeal of shareholder liability.
Further, the Senate has scheduled a veto override vote on the following two
high profile civil justice bills:
-
SB-58, relating to changes to Wisconsin product liability law.
-
SB-402, relating to reining in the Supreme Court’s expansion of the
risk contribution theory. This has been referred to as the “Jobs
Preservation Act” and the “lead paint bill.”
Senate Passes Economic Development Legislation
The State Senate on Jan. 24 in
Assembly Bill 116, which expands the permissible uses of county economic
development loan accounts. The bill changes the definition of "industrial
development project" to include commercial, retail, or service enterprises
for the purposes of providing businesses with low interest loans from county
industrial development loan accounts.
Current
law only allows for these revolving fund loans to be used to help finance
industrial development projects. (The bill is supported by the Wisconsin
Economic Development Association and the Wisconsin Counties Association and
previously received no opposition in the Assembly.)
Assembly Eminent Domain Bill Approved by Senate with Amendments
AB-657, which was introduced in response to the U.S. Supreme Court’s
Kelo decision regarding local government’s condemnation authority,
supported by the Senate with Amendments
1 and
2 relating to utility condemnation
authority and further defining the “crime rate” component exception to the
prohibition in the bill.
Governor Vetoes Concealed Carry Bill/Senate Overrides Veto
Late last Friday, Jan. 20, Gov. Doyle
announced his veto of SB-403, the concealed Carry Bill. The bill would
have allowed people 21 and older to carry concealed weapons after passing a
course, provided they had not been convicted of felonies or certain
misdemeanors, such as for domestic violence. Five-year permits would have
cost $75.
On
Thursday, the Senate
voted 23-10 to override the Governor’s veto, and it now goes to the
Assembly, where the outcome is uncertain.
Partial Veto Resolution Passes in Assembly 74-25
The Assembly voted to pass Assembly Joint Resolution 68 (AJR-68),
which will adjust the Governors ability to partially veto legislation. The
Resolution passed by a vote of
74-25, and will now go to the Senate for a public hearing and a vote
this session.
Other Legislative Action this Week
The passed and the Assembly concurred in
SB-375 relating to liens for metal
fabrication, tool builders and metal parts manufacturers.
The
Assembly passed and sent to the Senate
AB-855 relating to damages for frivolous claims after adopting
Assembly Substitute Amendment 1 and
Amendments
2 and
5 to Sub. 1, and
AB-912, relating to allowing individuals
to restrict release of credit reports.
Senate Committee to Vote on Ethanol Bill
On Tuesday, Jan. 31, the Senate Agriculture and Insurance Committee will
vote on
AB-15, which would require automotive gasoline to contain 10 percent
ethanol. Sen. Luther Olsen has recused himself from the vote due to business
interests and ties to ethanol producers.
A
recent press release states that the Sierra Club and other environmental
groups have negotiated an amendment with the lead sponsor of the bill. The
proposed amendment would statutorily require Wisconsin businesses to reduce
ozone forming emissions to compensate for the pollution created by burning
ethanol in cars and other engines.
Wisconsin Manufacturers and Commerce countered,
declaring
that the effects of the amendment
would be crippling to Wisconsin’s manufacturing base by requiring businesses
to clean up pollution they did not create.
State Lawmakers Introduce Bill to Create State Disaster Relief Fund
State lawmakers recently announced legislation to establish a “Wisconsin
Disaster Relief Fund” (WDRF). This bi-partisan initiative provides state
disaster aid to local communities that suffer severe storm damage not
covered by federal disaster aid.
The
fund will be modeled after Wisconsin’s State Flood Damage Assistance
Program, which provides communities affected by severe flooding the
opportunity to receive reimbursement of their cleanup costs at a 70/30
state/local percentage match. The proposal is currently being circulated for
legislative co-sponsorship.
Parental Choice Legislation Introduced
Legislators introduced
SB-521, which would lift enrollment caps and allow students to continue
in the Milwaukee Parental Choice Program when income increases. The bill is
currently in the Senate Committee on Education.
The
Department of Public Instruction announced on December 27 that rationing
would have to be imposed in Milwaukee’s school choice program during the
2006-2007 school year because demand far outpaces available resources.
Opponents of the move point out that rationing could prevent hundreds, or
even thousands of Milwaukee students from enrolling in or continuing in the
program.
Midwife Licensure Bill Passes Joint Finance
On Wednesday, Jan. 25, the Joint Committee on Finance voted (15-1) to
adopt the Assembly amendments and recommended passage of
AB-709 for licensing of midwives. Identical action was taken on the
companion bill,
SB-477.
The
bills are scheduled for action in the Senate and Assembly on January 31.
Wisconsin Politics
State Senate Democratic Committee
Names New Chair
State Sen. Russ Decker was recently named Chair of the State
Senate Democratic Committee. Senator Decker has served four terms
in the State Senate.
Federal Developments
Committee Approves Alito Nomination
The Judiciary Committee vote, with all 10 Republicans voting
to confirm and all eight Democrats voting to reject the
nomination, sets the stage for further debate on the Senate floor.
Democrats Herb Kohl and Russ Feingold both voted against Alito. A call for a
filibuster by several Democrats is likely to fail, and a likely confirmation
is expected on Tuesday.
Political News
Senate
overrides weapons veto: Milwaukee Journal Sentinel, Jan. 27, 2006.
Travel
inquiry could intensify: Milwaukee Journal Sentinel, Jan. 27, 2006.
Doyle
fund-raiser called legal but improper: Milwaukee Journal Sentinel,
Jan. 27, 2006.
Outlaw staff fund-raisers (opinion): Milwaukee Journal Sentinel,
Jan. 27, 2006.
Doyle's
veto opens door to trial lawyers (opinion): Janesville Gazette, Jan.
26, 2006.
Doyle
won't return donation, rebid disputed contract: Janesville Gazette,
Jan. 26, 2006.
Bill to allow heavier trucks backed: Madison Capital Times, Jan. 26,
2006.
State should clear up vehicle license backlog (opinion): Racine
Journal Times, Jan. 27, 2006.
Legislators want state disaster fund: Madison Capital Times, Jan.
26, 2006.
Governor still misses chance to lead reform (opinion): Janesville
Gazette, Jan. 26, 2006.
State's
biotech industry: A spot on world stage? Milwaukee Journal Sentinel,
Jan. 27, 2006.
New law could shrink state's county boards: Superior Daily Telegram,
Jan. 26, 2006.
Area's
jobless rate drops: Milwaukee Journal Sentinel, Jan. 26, 2006.
GM's biggest loss since 1992 deals U.S. auto industry another blow:
Marshfield News Herald, Jan. 26, 2006.
Weather
headlight bill OK'd: Milwaukee Journal Sentinel, Jan. 25, 2006.
How many more hits before political reform? (opinion): Sheboygan
Press, Jan. 27, 2006.
A
welcome development (opinion): Milwaukee Journal Sentinel, Jan. 24,
2006.
Lasee proposes referendum legislation: Green Bay Press-Gazette, Jan.
24, 2006.
Wisconsin
slips in venture capital investment ranks: Milwaukee Journal
Sentinel, Jan. 24, 2006.
State
escapes direct cuts by Ford: Milwaukee Journal Sentinel, Jan. 24,
2006.
Ford fallout
is pain, promise: Milwaukee Journal Sentinel, Jan. 24, 2006.
Ads take
up cause to lift voucher cap: Milwaukee Journal Sentinel, Jan. 24,
2006.
Health bill enjoys bipartisan support: Appleton Post-Crescent, Jan.
23, 2006.
Total workplace smoking ban won’t pass, legislators say: La Crosse
Tribune, Jan. 23, 2006.
State's ER care average in nation: Marshfield News Herald, Jan. 23,
2006.
Who pays the
tab for low benefits? Milwaukee Journal Sentinel, Jan. 22, 2006.
Milwaukee
takes lead with economic vision: Milwaukee Journal Sentinel, Jan.
22, 2006.
Grand jury
examines contract: Milwaukee Journal Sentinel, Jan. 22, 2006.
Lead
paint veto makes no sense (opinion): Milwaukee Journal Sentinel,
Jan. 22, 2006.
Doyle
seems willing to negotiate on voucher cap: Milwaukee Journal
Sentinel, Jan. 21, 2006.
Upcoming Fundraisers
Feb. 7
-
Rep. Sheldon Wasserman (D-Milwaukee),
Milwaukee
-
Scott Walker (R) gubernatorial
candidate, Milwaukee
Feb. 8
Feb. 9
Feb. 11
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