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June 24, 2005
As summer
officially began, the State Assembly launched into an all night
session that resulted in passage, in the first house, of the
Legislature’s version of the state budget, originally presented by
Governor Doyle in February. The Bill, AB 100, is now in the
Senate’s hands for final legislative approval or, more likely,
some additional “fine-tuning.” The Senate has not formally
announced a date and time for beginning floor debate, but did
adjourn to next Tuesday, June 28. There has also been no public
pronouncement that the Senate Republicans have the 17 votes
necessary for its house to concur in the final product. The “fine
tuning” to obtain what is believed to be the final two votes is
likely to come in the form of less spending.
The two houses also found
time to address other significant pieces of legislation, as reported below,
and the Governor signed an important bi-partisan bill that addresses
SeniorCare, Medical Assistance transfer, and utility costs at Corrections
and the UW.
The self-imposed
“deadline” for passage of the state budget is one week away and is likely to
be met prior to the 4th of July weekend. Since passage of the
state budget is the number one priority, it is unclear the extent to which
other legislation will be addressed during the next week and neither house
has scheduled other floor action as of this writing. Since members of both
houses will be required to be in the Capitol next week, however, other bills
could be addressed.
Policy Developments
Budget Bill Passes Assembly
The Budget Bill, AB 100, passed the state Assembly at 5:30
a.m. on June 22 and now awaits Senate action. The bill passed on a
56-40 vote with four Republicans (Reps. Rob Kreibich, Eau Claire;
Frank Lasee, Bellevue; Steve Nass, Whitewater; and Leah Vukmir,
Wauwatosa) voting no.
Two Budget Amendments Adopted
The Assembly debated 54 amendments to the Joint Finance version of the
budget bill; 50 were tabled, two were withdrawn by the author and two
non-controversial amendments were adopted.
Amendment 32, introduced by Rep. Richards, (adopted 96-0) accelerated
the full income tax exclusion for social security benefits adopted in Joint
Finance. Under the JFC provision, full exclusion was phased in over five
years starting with tax year 2007. Under the amendment, the exclusion is
fully phased in over three years starting with tax year 2007.
Amendment 40, introduced by Speaker Gard, (adopted 85-11), incorporated
AB 210 and AB 506 relating to veterans provisions to reconcile the
recodification of Chapter 45 Veterans contained in the Legislative Council
Bill (AB 210) with related veterans items in the budget bill.
After Concurring in Key Assembly Bills, Senate has Adjourned to Tuesday,
June 28
The State Senate on Thursday concurred in:
-
AB 277 relating to air pollution
control permits; an emission limitation in air pollution operation
permits; and, a report on regulatory barriers effecting manufacturing. The
bill was advanced by proponents as a technical trailer bill to last
session’s “Job’s Creation Act.”
-
AB 437 relating to requiring the
conveyance of public property under certain circumstances for the
construction of electric transmission lines.
-
AB 441 relating to applications for
certificates of public convenience and necessity for certain electric
generating facilities.
These
three bills will be forwarded to Governor Doyle for his review and action.
It is anticipated that he will sign all three.
After
concluding its floor session, the Senate stood adjourned until next Tuesday,
June 28, creating speculation that the Senate may be ready to begin floor
action on the budget at that time. Earlier, Senate Majority Leader Dale
Schultz and his office staff suggested that Senate Republicans were close to
securing the 17 votes needed for Senate concurrence in the Assembly-passed
version — which is basically the product that came out of Joint Finance.
Senator Schultz plans to meet with all caucus members to assure a comfort
level with the product. Some amendments that would likely involve additional
spending cuts may be necessary to lock in the required 17 votes.
“All-Sums” Bill Passed by Assembly
The State Assembly Thursday night passed a highly controversial bill
that has pitted the paper industry against the insurance industry. The bill,
AB 222, passed on a vote of
49-44 with Republicans and Democrats both split on both sides of the
issue. In short, the bill provides that insurers are jointly and severally
liable for environmental claims under defined general liability policies; a
lawsuit may be filed against fewer than all insurers; and, insurers may seek
contribution from other insurers potentially liable.
The
bill moves on to the Senate where its fate is uncertain. If the bill is
reported out of a Senate committee, Senate Majority Leader Dale Schultz has
promised to see that it is scheduled for floor action, although he
personally is an opponent of the legislation.
Other Thursday Night Assembly Action
-
Assembly Bill 499, which bans human cloning and parthenogenesis, with
three amendments adopted, passed
59-38.
-
Assembly Bill 270, which requires information regarding the donation
of umbilical cord blood, with two amendments adopted, passed
79-19.
-
Senate Bill 42, relating to voter photo ID, concurred in
63-34.
-
Assembly Bill 414, which expands certain restrictions on smoking in
restaurants and bowling alleys but preempts local ordinances from adopting
restrictions not in strict conformity with state law, passed
48-45.
After
completing its work last night, the Assembly adjourned without announcing
its intentions for next week.
UW’s Thomson Offers Views on Science, Ethics & Morality
James Thomson of the University of Wisconsin-Madison became the first
scientist to isolate and culture human embryonic stem cells seven years ago.
In an
interview last week, he shared some interesting and sometimes surprising
“pronouncements.”
Governor Doyle Signs AB 438 – SeniorCare/MA/UW & DOC Energy Costs
On Wednesday, June 22,
Governor Doyle signed Assembly Bill
438, a 2004-05 budget repair bill, as Wisconsin
Act 15. The bill provides energy- and utility-related funding for the
University of Wisconsin System and the Department of Corrections, transfers
$75 million from the general fund to the Medical Assistance Trust Fund, and
increases finding for the SeniorCare program.
Patient Compensation Fund Bill Advances
On June 21 the Assembly Committee on Insurance voted 15-0 to recommend
passage of legislation (AB
294) that is aimed at preserving the Patient Compensation Fund. The
Fund, which doctors contribute to on a regular basis, is intended to help
keep medical malpractice costs low. Once a medical claim reaches $1 million,
money in the fund can be used to pay claims.
PSC Commissioner Garvin Called to Active Duty
Bert Garvin, the “senior” member of the Wisconsin Public Service
Commission (PSC), has been called up to active duty to serve as a judge
advocate general in an assignment to Iraq after a stint at Fort Bliss.
Commissioner Garvin is a major in the Army National Guard.
Garvin was appointed to the PSC by Governor Thompson in March 2001. His
colleagues on the Commission, appointed by Governor Doyle, are Mark Meyer
(September 2004) and Commission Chair, Dan Ebert (April 2005). The PSC will
continue to operate in the same manner as before, except with three
Commissioners instead of two while Commissioner Garvin is on leave.
Supreme Court Decides Medical Malpractice Case
The Wisconsin Supreme court,
in a ruling filed on June 22, reversed a
Court of Appeals decision regarding a medical malpractice case involving the
death of an infant where the mother was under the care of a first-year nonlicensed resident physician. There were two primary issues of interest
reviewed by the court: 1) the standard of care applicable to a physician
treating an obstetrical patient; and 2) the applicability of the cap on
noneconomic damages imposed by Wis. Stat. section 893.55(4)(b).
As an
unlicensed first-year resident, the court stated that the resident’s (Lindemann’s)
authority was limited. The circuit court had found that Dr. Lindemann "had
no authority or privileges to provide primary obstetrical care," and "was
not supposed to act as the primary attending physician." Rather, "[h]is
primary duty was to assess and report findings and differential diagnoses to
an upper level senior resident or to the attending obstetrician." Based on
these restriction, the Supreme Court held that physicians like Dr. Lindemann
should be held to the standard of care applicable to an unlicensed
first-year resident, but also stated that it should not be considered a
grant of immunity, since unlicensed first-year residents are graduates of a
medical school who provide sophisticated health care services appropriate to
their "in training" status.
As to
the noneconomic damages cap issue, there was dispute over the meaning of the
term "health care provider.” Because Dr. Lindemann was not a "health care
provider" as the term is defined by Wis. Stat. ch. 655, the court determined
that the cap on noneconomic damages imposed by Wis. Stat. section
893.55(4)(b) does not apply. However, the court remanded the matter to the
circuit court for a determination of whether Dr. Lindemann was a "borrowed
employee" of St. Joseph's Hospital and therefore entitled to the cap
protection as an "employee" of a health care provider under Wis. Stat.
section 893.55(4)(b).
In
his dissent, Justice Prosser said the absence by the court of a finding the
resident was not an employee of the hospital "means that medical residents
are effectively the only workers in a hospital not covered by the damage
caps, despite the fact that as new doctors, they are perhaps most in need of
the protections in chapter 655."
Federal Developments
Federal Asbestos
Bill Process Discussed
U.S.
Senators Arlen Specter and Patrick Leahy are
circulating information regarding support for Senate Bill 852,
the Fairness in Asbestos Injury Resolution Act. The bill
establishes a private fund that compensates asbestos victims
through a no-fault system administered by the Department of Labor.
U.S. Supreme Court Holds That Eminent Domain Power May Include Private
Development
In a 5-4 decision, the United States Supreme Court ruled that local
governments’ condemnation power extends to private development if the local
unit of government believes that the development will provide appreciable
benefits to the community.
In this case, homeowner
interests had argued that cities have no right to take land from homes and
businesses except for projects with a clear public use, such as roads or
schools, or to revitalize blighted areas. The ruling suggests that new jobs
and tax revenues are part of appreciable benefits to the community.
The issue in the case stems
from the scope of the Fifth Amendment to the U.S. Constitution which allows
governments to take private property through eminent domain if the land is
for “public use.” Justice John Paul Stevens, who wrote the majority opinion,
did, however, include language that says that states are within their rights
to pass additional laws restricting condemnations if residents are overly
burdened.
Political News
Assembly OKs limits on smoking: Appleton Post-Crescent, June 24,
2005.
Governments soon may have to give up land to utilities: Appleton
Post-Crescent, June 24, 2005.
Black says he’s being courted for governor: Appleton Post-Crescent, June
24, 2005.
A looser
rein on eminent domain: Milwaukee Journal Sentinel, June 24, 2005.
Property ruling mirrors state law: Wausau Daily Herald, June 24,
2005.
State
plans to split W-2 functions: Milwaukee Journal Sentinel, June 24,
2005.
A close link between higher education and the economy (opinion): La
Crosse Tribune, June 23, 2005.
Supreme Court Rules Cities May Seize Homes: Sheboygan Press, June
23, 2005.
Magazine Hails Madison As Biotech 'hotspot': Wisconsin State
Journal, June 23, 2005.
Doyle
criticizes Assembly's $54 billion budget: Milwaukee Journal
Sentinel, June 23, 2005.
GOP-led
Assembly passes budget: Milwaukee Journal Sentinel, June 23, 2005.
Bill would help start Fox River cleanup: Green Bay Press-Gazette,
June 23, 2005.
Bill Aims To Increase Cord Blood For Transplants: Wisconsin State
Journal, June 23, 2005.
Medical Liability Cap Benefits State ( guest opinion): Wisconsin
State Journal, June 22, 2005.
Legislators prepare budget with side of pork: Milwaukee Journal
Sentinel, June 20, 2005.
Aid for schools top budget concern: Wausau Daily Herald, June 21,
2005.
Bill Angers Stem Cell Scientists: Madison Capital Times, June 20,
2005.
Legislators
seek change in energy priorities law: Milwaukee Journal Sentinel,
June 20, 2005.
Legislature to mull cloning ban; scientists outraged: Racine Journal
Times, June 19, 2005.
DOT pushes for Amtrak funding: Appleton Post-Crescent, June 19,
2005.
GOP bills
would ban human cloning: Milwaukee Journal Sentinel, June 18, 2005.
GOP budget
depends on general taxes: Milwaukee Journal Sentinel, June 18, 2005.
Pill ban
at UW moves ahead: Milwaukee Journal Sentinel, June 17, 2005.
Assembly Targets Morning-after Pill: Wisconsin State Journal, June
17, 2005.
Upcoming Fundraisers
Saturday, June 25
Sunday, June 26
Monday, June 27
-
Rep. Pedro Colon (D-Milwaukee),
Milwaukee
-
J.B. Van Hollen (R) AG Candidate,
Milwaukee
-
Rep. David Cullen (D-Milwaukee),
Milwaukee
-
Rep. John Gard (R-Peshtigo) 8th CD
candidate, Pewaukee
-
Rep. Robin Vos (R-Burlington), Wind
Lake
Tuesday, June 28
Thursday, June 30
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