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Nov. 7, 2005
The focus of the
State Legislature (both Houses) on Tuesday, November 8, will again
be on liability reform. Last Tuesday, the Assembly passed the
“Jobs Preservation Act” relating to liability of manufacturers and
sellers, and that issue is scheduled to be addressed in the Senate
tomorrow. The Senate has also scheduled action on a bill to
re-establish caps on noneceonomic damage awards in medical
malpractice cases. That proposal passed the Assembly two weeks ago
and a Senate committee has recommended concurrence.
Assembly Democrats last
Tuesday objected to “substituting” Senate bills regarding expert opinion
evidence and product liability for companion Assembly bills that had been
scheduled for floor action. (The Senate bills had already passed the Senate
and action on those bills could have resulted in final legislative action,
but the “substitution” requires suspension of the rules that require a 2/3
vote.) The result is that Assembly leadership has made action on the
products and expert evidence bills “special orders of business” when the
Assembly convenes at 1:00 a.m. on Tuesday.
The Assembly last week took
the first steps toward a possible constitutional amendment requiring some
form of photographic identification for voting purposes. The Governor has
vetoed legislative attempts to require “voter photo ID” without sufficient
support for override. If the constitutional amendment proceeds, the Governor
has no veto authority, since the ultimate approval is by referendum if the
measure passes two consecutive legislative sessions. The Governor, of
course, plays a significant role in the public opinion arena.
Both Houses are expected to
be taking floor action on bills on Tuesday and Wednesday before recessing
until December 6. The Assembly has set a calendar for both days but the
Senate has only scheduled bills for Tuesday at this time.
Policy Developments
Assembly Calendar for Nov. 8
-
AB 101/SB
58: Relating to product liability of manufacturers, sellers and
distributors. (Special Order of Business)
-
AB 203/SB
90: Relating to expert opinion evidence. (Special Order of Business)
-
SB 290: Relating to claiming early stage seed and angel investment
income and franchise tax credits. (Passed Senate 32-0)
Senate Calendar for Nov. 8
-
SB 402/AB
778: Relating to requiring proof of causation except in extremely
limited circumstance as to the liability of manufacturers, sellers,
distributors and promoters—known as the “Jobs Preservation Act.”
-
AB-385: Relating to designation of state agency status for certain
health care providers who provide services during a state of emergency
related to public health or a state of emergency declared by a city,
village or town.
-
AB-764: Relating to malpractice awards – collateral sources payments.
-
AB-766: Relating to malpractice awards – non-economic damages caps.
Assembly Calendar for November 9
-
AB 72: Relating to definition, labeling, advertising and promotion of
biodiesel fuel and biodiesel fuel blends.
-
AB 298: Relating to tourism promotion and production under the room
tax.
-
AB 456: Relating to prepayment penalties in variable rate residential
mortgage loans.
Assembly Passes Jobs Preservation Act
The Wisconsin State Assembly voted to pass
AB 778, the Jobs Preservation Act, by a bi-partisan vote of 60-38. The
bill reversed a Wisconsin Supreme Court decision that allowed companies to
be sued for injuries or damages under a “risk contribution” theory without
the need to prove that an injury was caused by a specific product
manufactured or sold by a specific manufacturer or seller.
This
bill is in response to Thomas v. Mallett, a July 2005 Wisconsin State
Supreme Court case, which advanced a theory of recovery that legal experts
have said is not only a radical departure from traditional tort law but also
does not exist anywhere else in the country.
Government Accountability Bill Passes Senate
A bill that calls for merging the state’s Ethics and Elections Board was
approved by the state Senate by a 28-5 vote Tuesday.
Senate Bill 1 would merge the Ethics and Elections Boards into the
non-partisan Government Accountability Board (GAB), whose members would be
nominated by the supreme court chief justice and deans from the two
Wisconsin law schools.
The
board will appoint an independent investigator to probe allegations of
ethics violations or election law wrongdoing. The GAB would have an
enforcement division that, unlike the current boards, could prosecute
elected officials for criminal violations. Currently, only district
attorneys and the state attorney general are authorized to pursue criminal
actions against politicians.
The
bill is now before the Assembly, although it has not yet been scheduled for
floor action. Gov. Doyle has stated his support for the proposal.
Voter ID Moves Forward
In a move to put the Voter ID issue before state voters,
Assembly Joint Resolution 36 was voted on and passed the Assembly on a
59-37 vote. The Resolution will now move on to the Senate for consideration.
When passed by the Senate, the Resolution will wait until the next
legislative session for a second passage through the legislature.
Proponents argue that polls have consistently shown that the public supports
a photo ID requirement, particularly since the November 2004 presidential
election, which was plagued by problems in Milwaukee and elsewhere in the
state. The amendment would have to pass both
legislative houses in two consecutive sessions before going to voters in a
statewide referendum; that could happen as early as 2007.
The Senate is expected to vote on the amendment,
as well as an election reform package, by early December
Governor Doyle Creates eHealth Care Quality and Patient Safety Board
Gov. Doyle
announced his plan to create an e-Health Care Quality and Patient Safety
Board to develop a plan to automate all health care information systems in
the state.
With
electronic health record technology, a doctor would be able to instantly
access the patient’s history, including allergies, medications, previous
test results, x-rays, CAT scans and other important pieces of information.
The
technology is intended to help doctors determine what tests to run based on
the patient’s history, and, when a patient shows certain symptoms that lead
to a particular diagnosis, the technology will prompt the physician with
possible treatments. This is intended to ensure that doctors are also
receiving updates about new treatments that have been developed for certain
ailments.
Doyle Announces Nearly $1 Million for Brownfields Projects in Milwaukee
County
Saying that the Brownfields projects will strengthen the infrastructure
and create nearly 200 Jobs, Governor Doyle
announced his million dollar Brownfields initative.
“My
Grow Wisconsin Agenda for 2005 calls for new investments in infrastructure
so our communities can expand and create jobs,” Governor Doyle said. “These
grants strengthen Milwaukee County by moving forward economic renewal
projects that make the most of underutilized properties, and create jobs for
the community.”
Wisconsin
Politics
Potential Democrat Attorney General
Primary Brings Reaction
Last week, 10 Assembly Democrats, mostly from the Madison and
Dane County area, called upon Dane County Executive Kathleen Falk
to enter the 2006 race for attorney general, apparently on the
belief that she is more electable than incumbent AG, Peg
Lautenschlager.
This drew a strong rebuke and
criticism from Marty Beil, executive director of the Wisconsin
State Employee’s Union. Beil called Lautenschlager the “most
courageous Democratic elected official.”
Falk, however, does appear ready to
announce that she will seek the Democratic nomination and,
thereby, challenge the incumbent. Falk’s announcement is expected
this week.
The winner of the Democratic primary, if there
is one, will face one of two Republican opponents: J.B. Van Hollen, former
U.S. attorney for the Western District of Wisconsin; or Waukesha County
District Attorney Paul Bucher.
Federal Developments
House Passes Eminent Domain
Legislation
The United States House of Representatives last week passed
H.R. 4128, the
Private Property Rights Protection Act, by a vote of 376-38.
In
June of this year, the Supreme Court addressed government’s power of eminent
domain in the Kelo v. City of New London case. In that case, the
Supreme Court held that the use of eminent domain in New London Connecticut,
where private property was taken and turned over to a private entity for
economic development purposes in an effort to revive a depressed area, did
not violate the “takings clause” of the U.S. Constitution.
The
Court specifically recognized that states could adopt stricter criteria.
Entities and individuals on all sides of the issue have had strong reactions
as to the potential results of the Court’s decision and the potential
reactions to the Court’s decision.
H.R.
4128 would deny federal economic development funds to any state or locality
that exercises its power of eminent domain by using “economic development”
as a rationale for taking private property, and it would prohibit federal
agencies from engaging in this practice.
Political News
DOT
official's role murky: Milwaukee Journal Sentinel, Nov. 3, 2005.
5th GOP
candidate joins race: Milwaukee Journal Sentinel, Nov. 3, 2005.
Falk urged
to run for attorney general: Milwaukee Journal Sentinel, Nov. 3,
2005.
Area split over concealed weapons bill: Sheboygan Press, Nov. 3,
2005.
A step closer to cleaner government (opinion): Sheboygan Press, Nov.
3, 2005.
FDA dragging its heels on contraception, speaker to say: Wisconsin
State Journal, Nov. 3, 2005.
Democrats call for state health care plan: Beloit Daily News, Nov.
2, 2005.
Voter ID
amendment advances: Milwaukee Journal Sentinel, Nov. 2, 2005.
Reform starts today in Senate (opinion): Wisconsin State Journal,
Nov. 2, 2005.
Senate praised for passing political reform package: Madison Capital
Times, Nov. 2, 2005.
Senate OKs ethics reform plan: Appleton Post-Crescent, Nov. 2, 2005.
Senate votes to start cleaning up Capitol (opinion): Appleton
Post-Crescent, Nov. 2, 2005.
Emotional
Vrakas takes oath of office: Milwaukee Journal Sentinel, Nov. 1,
2005.
Assembly votes to tighten rules on minors seeking abortions:
Appleton Post-Crescent, Nov. 1, 2005.
Assembly approves amendment requiring ID to vote: Appleton
Post-Crescent, Nov. 1, 2005.
A
complex issue, but 'yes' to caps (opinion): Milwaukee Journal
Sentinel, Oct. 30, 2005.
Governors shouldn't legislate (opinion): Milwaukee Journal Sentinel,
Oct. 30, 2005.
State poll: Elected officials need wake-up call: Portage Daily
Register, Oct. 30, 2005.
Democrat
joins race for Vrakas' seat: Milwaukee Journal Sentinel, Oct. 27,
2005.
One
lead-paint defendant settles: Milwaukee Journal Sentinel, Oct. 27,
2005.
Assembly OKs Malpractice Limits: Wisconsin State Journal, Oct. 26,
2005.
Upcoming Fundraisers
Nov. 8
Nov. 10
Nov. 11
-
JB Van Hollen (R) AG candidate,
Waunakee
-
Sen. Bob Jauch (D-Poplar), Superior
Nov. 13
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