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Mar. 10, 2006

In a flurry of activity, the Wisconsin Legislature passed numerous bills before recessing last night until the last week in April. It is believed that the vast majority of bills that have not as yet been acted upon are dead for this session. The Legislature is expected to call itself back into session later this month to address a proposed constitutional amendment to control the growth of government revenue and spending, commonly referred to as The Taxpayer Protection Act.

Following are some highlights of this past week’s activities on proposals that we have been following throughout the session:

• The Senate voted 17-15 to “indefinitely postpone” (defeat) AB-15, which would have mandated 10 percent ethanol in gasoline statewide.

• Passed and sent to the Governor AB-1073, which re-establishes a cap (this time at $750,000) on noneconomic damages in medical malpractice cases.

• Passed and sent to the Governor SB-447, which heightens the standard for the award of punitive damages in civil cases.

With this week’s activity, there are currently 266 (162 Assembly and 104 Senate) bills that have passed both Houses and will be presented to the Governor for his consideration. The Governor has until April 20 to sign, veto, or let legislation become law without his action. This week’s Tidbits lists selected bills that may be of interest to our readers.

Please note that the links to the bills below are to the bill history, which, in turn, has links to the respective bills, amendments that have been adopted, and roll call votes, where applicable.

As we go forward, Tidbits will apprise subscribers of the Governor’s actions and other legislative and administrative developments, as well focus more attention on election news and personalities involved in upcoming key elections.

Policy Developments

Legislative Activity
The following bills have passed both houses this week and are now or will be enrolled and sent to the Governor:

Senate Bills

SB-161. Civil liability exemption for claims resulting from weight gain and obesity.

SB-164. Notice regarding unauthorized acquisition of personal information.

SB-183. Increases maximum amount of grants to certain organizations that provide support to a manufacturing extension center.

SB-283. Limits reasons for which a local government may withhold approval of a permit.

SB-352. Wisconsin Aerospace Authority.

SB-350. Display of political signs in condominiums.

SB-375. Metal fabrication tool builder liens.

SB-420. Definition of a group health benefit plan.

SB-447. Punitive damage awards.

SB-448. Contractor notices.

SB-450. Construction liens.

SB-459. Utility public benefits program changes; energy conservation programs.

SB-474. Workers compensation law changes.

SB-477. Licensing midwives.

SB-501. Damages for frivolous claims.

SB-516. Continuing education and certification requirements for building contractors.

SB-578. Confidentiality of health care review records; immunity.

SB-596. Authorizes a city or village to make changes in TIF districts.

SB-602. Development zone credit for the license fees paid by certain insurers.

SB-617. Defined network plans.

SB-618. Milwaukee Parental Choice Program and SAGE Program changes.

SB-623. Damages to rental vehicles. Passed, voice vote.

SB-637. Environmental remedial tax incremental district.

Assembly Bills

AB-69. Driver license and ID cards for aliens.

AB-116. Changes definition of industrial development project; limits scope of certain projects.

AB-127. Falsifying title insurance documents.

AB-129. Late payments of property tax installments.

AB-156. Allows certain counties to create TIF districts.

AB-208. Rural enterprise development zones.

AB-298. Tourism promotion and development under the room tax.

AB-299. Effect of county shoreland zoning ordinances in territories annexed by cities, villages or towns.

AB-456. Prepayment penalties on variable rate residential mortgage loans.

 AB-536. Prohibits register of deeds from recording document with more than a partial social security number.

AB-588. Railroad regulation.

AB-594. Repossession of goods in consumer credit transactions and certain consumer leases.

AB-597. Remedies in certain actions concerning building code or zoning ordinance violations.

AB-620. Requires notice to persons affected by zoning actions and comprehensive plans that change the allowable use of their property.

AB-657. Places limited restrictions on eminent domain power in response to the 2005 U.S. Supreme Court Kelo decision.

AB-823. Motor vehicle dealers.

AB-871. Post-dated checks and checks given for past consideration.

AB-907. Requires contract with a data organization for collection, analysis and dissemination of health care claims and information.

AB-912. Allows individuals to restrict release of credit reports.

AB-926. Group health care plans offered b health benefit purchasing cooperatives.

AB-973. Expands purpose for which a town may create a tax incremental financing district.

AB-981. MA funding changes.

AB-986. Offenses against financial institutions.

AB-1008. Authorizes city of Monroe to allocate positive tax increments from one or more of its districts to another.

AB-1028. Payments for natural disasters.

AB-1071. Time limit for a person under 18 to bring an action against a health care provider.

AB-1072. Awards for malpractice; evidence of compensation for those damages.

AB-1073. Recovery of non-economic damages in medical malpractice cases.

AB-1074. Recovery of attorney fees in medical malpractice cases.

AB-1077. Time period during which impact fees must be used and the refunding of impact fees.

For additional information regarding the above bills, go the Tidbits Archive for more in-depth coverage of recent legislative activity.

Ethanol Bill Dies in Senate
After two hours of heated debate on the Senate floor yesterday, AB-15, which would have required gasoline sold in the state to contain 10 percent ethanol, was killed by a vote to indefinitely postpone the measure.

On a 17-15 vote, cast primarily along regional rather than party lines, those opposed said the ethanol industry is gaining strength on its own, and that consumers shouldn’t be told what to put in their vehicles.

Supporters claim that the bill, which was also supported by the Governor, would be a boon to Wisconsin corn growers and help reduce dependence on foreign oil. Opponents raised concerns that using ethanol would result in poorer fuel economy, higher gas costs, and increased pollution during the ozone season.

• Wisconsin Manufacturers and Commerce Press Release

• Sen. Scott Fitzgerald Press Release 

Punitive Damages and Medical Malpractice Caps Pass Legislature
In light of several Wisconsin Supreme Court decisions of last year and Wisconsin’s plummeting national “litigation atmosphere” reputation, legal reform has been at or near the top of the Legislature’s priorities since the middle of last year.

Numerous bills have been passed to address product liability, risk contribution, medical malpractice noneconomic damage caps and heightened standards for admission of expert opinion evidence. All have been vetoed.

This past week, the Legislature addressed the issue of re-establishing the cap on noneconomic damages (pain and suffering) in medical malpractice cases for the second time this session by passing AB-1073, which sets a cap of $750,000, which is $300,000 higher than the earlier cap enacted via AB-766. The bill also devotes more legislative language to the “rational basis” for its action.

The Governor has not stated his intentions regarding AB-1073, but has indicated he needs to be convinced the bill is constitutional and “clean,” meaning it does not include limitations on plaintiff attorney fees.

The Legislature also passed SB-447, which heightens the standards for the award of punitive damages in civil cases. This bill responds to another Wisconsin Supreme Court case of last March that “interpreted” a 1995 statute to establish a weaker standard than the standard the Legislature thought was intended by the 1995 enactment.

School Choice Gains Legislative Approval
On Tuesday, March 7, the Assembly gave final approval to a bill (SB-618) to lift the cap on the Milwaukee Parental School Choice Program by 50 percent to accommodate 22,500 students. The bill now heads to Governor Doyle, who is expected to sign it into law.

In addition to raising the cap, the agreement calls for an additional $25 million in SAGE funding, a statewide program aimed at reducing class sizes for schools serving low-income children, as well as increased accountability and accreditation standards for the choice program.

Energy Bill Heads to Governor
The comprehensive energy efficiency and renewable power bill (SB-459) received a vote of 94-0 by the State Assembly Wednesday night.

The major elements of SB-459 are:

• Public Benefits Reform: Reform the energy efficiency program by securing funding at an appropriate level for cost-effective energy efficiency programs.

•  Energy Independence for Wisconsin: Increase utility renewable usage to 10 percent by 2015 to reduce dependence on out-of-state energy.

• Government Leading By Example: The bill also has sections devoted to increasing conservation and renewable purchases for state government.

• Local Government and Agricultural Development: Finally, the bill requires a competitively bid program to reduce property taxes by reducing energy costs of schools and local units of government.

The bill now heads to the governor who is expected to sign the bill in the coming weeks.

Honorable Diane Sykes Delivers Hallows Lecture
On March 7, U.S. Court of Appeals Judge (and former Wisconsin Supreme Court Justice) Diane Sykes delivered the Hallows Lecture at Marquette University Law School. Her presentation, “Reflections on the Wisconsin Supreme Court,” discussed Wisconsin Supreme Court action that has drawn attention in the Wisconsin Legislature and across the country. Sykes served on the Wisconsin Supreme Court from 1999 to 2004.

Sykes was nominated by President George W. Bush to the U.S. Court of Appeals for the 7th Circuit and confirmed by the U.S. Senate on June 24, 2004.

Past Hallows lecturers at Marquette University Law School have included the Hon. Shirley S. Abrahamson, Chief Justice of the Wisconsin Supreme Court, in 2003 and the Hon. Antonin Scalia of the United States Supreme Court in 2001.

Hamiltonians in the News

Boyer to Serve on AWL Board
Amy Boyer, of the Hamilton Consulting Group, was recently selected by her peers to serve a three-year term on the Association of Wisconsin Lobbyists Board of Directors.

The Association of Wisconsin Lobbyists is a voluntary association for government relations professionals in Wisconsin whose purpose is to enhance the integrity of the lobbying profession and to promote understanding of the importance of advocacy in the democratic process.

Political News

Senators narrowly reject ethanol bill: Milwaukee Journal Sentinel, Mar. 10, 2006.

Medical malpractice cap bill on way to governor's desk: Ashland Daily Press, Mar. 9, 2006.

Cap not perfect, but better than nothing say lawmaker, doctor: Ashland Daily Press, Mar. 9, 2006.

Focus on science, not politics (opinion): Milwaukee Journal Sentinel, Mar. 7, 2006.

Cheney visit means cash infusion for Gard: Green Bay Press-Gazette, Mar. 7, 2006.

Political lines blur on local level: Portage Daily Register, Mar. 7, 2006.

Oil prices could kill old habits: Wisconsin Rapids Tribune, Mar. 7, 2006.

Efficiency essential part to any energy proposal (opinion): Green Bay Press-Gazette, Mar. 6, 2006.

2,000 jobs tied to bill for energy plan: Madison Capital Times, Mar. 6, 2006.

Build on momentum for cleaner energy (opinion): Wisconsin State Journal, Mar. 6, 2006.

Create a new and effective state ethics watchdog (opinion): La Crosse Tribune, Mar. 6, 2006.

Passage Of Malpractice Bill Puts Doyle On Spot: Wisconsin State Journal, Mar. 6, 2006.

Thompson hints at running — but for what? Milwaukee Journal Sentinel, Mar. 5, 2006.

Lawmakers release avalanche of bills: La Crosse Tribune, Mar. 5, 2006.

Election 2006: Wooing single women voters (opinion): Milwaukee Journal Sentinel, Mar. 5, 2006.

Oil independence is possible, but does U.S. really want it? (opinion): Milwaukee Journal Sentinel, Mar. 5, 2006.

Australian company buys interest in big Iowa ethanol plant: Des Moines Register, Feb. 22, 2006.

No Easing US Ethanol Import Duties as Demand Soars: Planet Ark, Jan. 2006.

Upcoming Fundraisers

Mar. 11

• Sen. Tom Reynolds (R-West Allis), Elm Grov

Mar. 13

• John Gard (R) 8th congressional candidate, Green Bay

• Sen. Roger Breske (D-Eland), Birnamwood

Mar. 14

• Sen. Alberta Darling (R-River Hills), Madison

• Sen. Ron Brown (R-Eau Claire), Black River Falls

• AG Peg Lautenschlager (D), Fond du Lac

Mar. 15

• Bill McReynolds (R), Madison

• Governor Jim Doyle, Madison,

• Rep. John Gard (R-Peshtigo), Washington, DC