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Sept. 23, 2005

The State Legislature has completed the first week of what is expected to be a very full fall floor period, with most of the high profile issues like to be dealt with during the last week in October and the first two weeks in November. A bill relating to placing restrictions on eminent domain received a very quick hearing after introduction and is scheduled for action in the Assembly next week. The issues pits, in some instances, strong property rights advocates against development and redevelopment interests, particularly where properties are blighted and efforts are underway to improve distressed areas. While the bill was recommended for passage, numerous parties are seeking compromises and amendments to try to balance the two interests.

The Medical Malpractice Task Force appointed by the Speaker will meet one day each of the next two weeks to craft a legislative response to the Wisconsin Supreme Court decision which eliminated the statutorily adopted caps on noneconomic damages in medical malpractice cases. This and other civil justice reform measures aimed at restoring Wisconsin’s once favorable “litigation atmosphere” are expected to be addressed later this fall.

Policy Developments

Assembly Calendar for Sept. 27
The State Assembly will be in session only one day, Tuesday, next week but has a very lengthy agenda. Following is a list of some of the items on the calendar and a link to the entire calendar can be found below.

Vetoes

• Item Veto F-4. Health savings accounts.

• Item C-8. Pharmacy Reimbursement - Rates for Brand Name Prescription Drugs.

• Item C-9. Pharmacy Reimbursement - Dispensing Fees.

• Item C-14. Outpatient Hospital Reimbursement Rates.

Bills

• AB-127. Falsifying title insurance documents.

• AB-512. Traffic regulations and traffic control devices at railroad crossings.

• AB-657: Prohibits the condemnation of property under certain circumstances.

• AB-606. Creates an income and franchise tax credit for sales and use taxes paid on the purchase of electricity used in agricultural biotechnology and on the purchase of products used on livestock.

• AB-646. Creates an income and franchise tax credit for the sales and use taxes paid on the purchase of tangible personal property used in farming.

Senate Calendar for Sept. 27
Vetoes

• Item Veto C-4 (AB 100 partial veto). Nursing home rate increase.

Bills

• SB-138.  Voluntary and informed consent for abortions. Passage as amended recommended by Senate committee on Health, Children, Families, Aging and Long Term Care (3-2).

• SB-290. Claiming early stage seed and angel investment income and franchise tax credits. Passage recommended by Senate committee on Job Creation, Economic Development and Consumer Affairs (5-0).

• AB-207. Employment discrimination based on creed; exemption from liability and discipline for health care professionals and health care employees who refuse to participate in sterilization, abortion, assisted suicide, and other procedures on moral or religious grounds. Passage recommended by the Senate Committee Health, Children, Families, Aging and Long Term Care 3-2.

• AB-270. Donation of newborn umbilical cord blood. Passed Assembly 79-19; Passage recommended by Senate committee on Health, Children, Families, Aging and Long Term Care.

• AB 499. Human cloning and parthenogenesis. Passage recommended by Senate committee on Judiciary, Corrections and Privacy (3-2).

Senate and Assembly Daily Floor Calendars

Expert Opinion Evidence Bill Passes
SB-70, relating to evidence of lay and expert witnesses based on the U.S. Supreme Court Daubert decision passed the State senate on a vote of 18-15.

A similar bill passed the Legislature last session but its application was limited to civil cases and the bill was vetoed by the Governor. Currently, the entire federal system and 33 states follow the standards and principles for the admission of expert testimony as articulated in the Daubert case.

Override of Voter Photo ID Bill Fails
SB-42, another effort to require voter photo identification, has failed to become law as a 21-12 vote (short of the 2/3 required) failed to override another gubernatorial veto.

Committee Hearings Scheduled
Assembly Rural Affairs and Renewable Energy:
1-4 pm, Mon, Sept 26, 417-N
Energy Infrastructure & Ethanol use. Invited speakers only.

Assembly Committee on Labor:
AB 285 - Conscience clause; Public hearing, September 24 at 10 a.m.

Committee Hearings Calendar

Eminent Domain Bill Advances
The Assembly Committee on Property Rights and Land Management held a public hearing on Sept. 21 on the recently introduced AB 657, which prohibits the condemnation of property under certain conditions.

This bill was introduced in response to the now famous Kelo case which was handed down earlier this year by the U.S. Supreme Court. Passage was recommended (4-2) with the understanding by some committee members that there would be amendments to respond to concerns before any floor action. The bill has been scheduled on the Assembly calendar for Sept. 27.

Nursing Home Veto Override Challenged
On Tuesday, Sept. 20, the Assembly voted 64-32 to override Gov. Doyle’s veto of a 1.4 percent increase in nursing home reimbursements. The vote was followed by a debate concerning whether Rep. Pedro Colon, who was recorded as not voting on the override, should have been allowed to vote. Republicans said they had the necessary two-thirds majority for an override, but Democrats claimed they needed 65 votes because Colón was technically present, despite not voting.

In order for the override to be final, the Senate must also garner a two-thirds majority when it takes up the nursing home veto Tuesday. A veto override would restore $15.2 million in funding for facilities that care for the elderly, disabled and working poor enrolled in the Medicaid program.

Cowles-Gottlieb Competitive Contracting Reform Bill Passes Finance Committee
On September 21, the state spending and contracting reform bill (AB 105/SB 56) authored by State Senator Robert Cowles (R-Green Bay) and Representative Mark Gottlieb (R-Port Washington) passed the Joint Committee on Finance 16-0.

Under current law, the Department of Administration or any state agency to which DOA delegates purchasing authority may contract for contractual services whenever the services may be performed more efficiently or economically than if they were performed by state employees. This bill would ensure these contracts are procured and performed in the most cost-effective manner.

Wisconsin Politics

Wanggaard to Seek Assembly Seat
Racine County Board Supervisor Van Wanggaard announced Tuesday he will run as a Republican in the 2006 race for the state Assembly. Wanggaard is running to represent the 62nd District, a seat that's been held by John Lehman, D-Racine, since 1996. Lehman announced last week he is leaving his Assembly seat to challenge Sen. Cathy Stepp, R-Yorkville.

Federal Developments

Roberts Nomination Advances
The Senate Judiciary Committee on Thursday approved (13-5) John Roberts' nomination as the next Supreme Court chief justice, virtually assuring the conservative judge confirmation by the Senate next week. Senators Kohl and Feingold joined one other Democrat and 10 Republicans in favor of his nomination.

Political News

Tempers run high in Assembly after controversial vote: Madison Capital Times, Sept. 22, 2005.

2nd test set over nursing homes: Milwaukee Journal Sentinel, Sept. 22, 2005.

Veto override questioned: La Crosse Tribune, Sept. 22, 2005.

3 want to end vote registration at the polls: Milwaukee Journal Sentinel, Sept. 22, 2005.

Bill on eminent domain get Assembly panel OK: Madison Capital Times, Sept. 22, 2005.

States seek to update anti-gouging protections: Appleton Post-Crescent, Sept. 22, 2005.

Glitch Will Hold Up Registration System: Wisconsin State Journal, Sept. 21, 2005.

Medicaid override clears hurdle: Appleton Post-Crescent, Sept. 21, 2005.

Senate fails to override veto of voter ID plan: Green Bay Press-Gazette, Sept. 21, 2005.

Doyle delays cuts in fees to pharmacists: Milwaukee Journal Sentinel, Sept. 20, 2005.

Kohl, Feingold sound Roberts on key issues: Green Bay Press-Gazette, Sept. 19, 2005.

Red Cross maintains shelter list: Madison Capital Times, Sept. 17, 2005.

Exposing hospital costs: Milwaukee Journal Sentinel, Sept. 18, 2005.

Upcoming Fundraisers

Sept. 29

• Scott Walker (R) Gubernatorial candidate, Milwaukee

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