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Dec. 2, 2005
It was
previously reported in Tidbits that the Governor has until
January 12 to act on bills passed by the Legislature between
August 11 and the end of the year unless a bill or bills
are sent to him earlier, at which point the Constitutional
requirement that the Governor act within six days, excluding
Sunday, kicks in. (In Wisconsin, a Governor’s failure to take
action means that a bill automatically becomes law, contrary to
the “pocket veto” under the U.S. Constitution.) The six-day
trigger went into effect earlier this week when the Assembly
Speaker sent three medical malpractice bills (including the
re-establishment of caps on noneconomic damages) to the Governor.
(Please see below.)
While the Governor
ponders the medical malpractice and other litigation reform bills that have
received legislative support, the Legislature returns for its final
scheduled floorperiod for 2005. Both Houses will be in session on Tuesday,
December 6 and may meet one or two days during the week of December 12.
Policy Developments
Malpractice Bills Await Governor’s
Action
Governor Doyle has until next Wednesday, Dec. 7, to take
action on three medical malpractice bills that are part of a
series of litigation reform bills recently passed by the
Legislature.
Assembly Speaker John Gard on Wednesday sent to the Governor
AB-766, relating to re-establishing caps on noneceonomic damages
(primarily pain and suffering) in malpractice cases. Also forwarded to the
Governor were
AB 764 relating to evidence of collateral source payments in medical
malpractice cases and
AB-765, which relates to coverage under the patients compensation fund
of medical school graduates engaged in postgraduate training.
The Wisconsin Hospital Association
recently announced that hospitals and physicians will be required to pay
a 25 percent increase into the Injured Patients and Families Compensation
Fund (IPFCF) due to the fact that the cap on pain and suffering awards has
been eliminated under the July Supreme Court decision.
In other related matters, three UW Law school
professors, in response to a request by the Governor, opined that AB 766
would not pass constitutional muster based on the Court’s recent decision.
Speaker Gard countered that if the Governor vetoes the cap legislation, he
will introduce legislation capping the fees of plaintiff lawyers working the
noneconomic damage award claims in med mal cases.
Legislative Calendar May Include Bill to Repeal Gas Tax Indexing
The Senate Organization Committee is scheduled to meet at 1:30 p.m.,
Monday, December 5, to schedule the Calendar for Tuesday, December 6.
A
bill that has been receiving much discussion is
SB-331, which would repeal automatic indexing of the gas tax. Supporters
of the gas tax, including WMC, WEDA, and the Wisconsin Transportation
Builders Association, claim that the gas tax is necessary for funding local
transit, elderly and disabled transportation as well as road projects and
basic services like winter snowplowing.
Consumer groups and others opposing the automatic increase cite the cost at
the pumps as well as the desire for specific legislative approval before
increasing the tax. Senate GOP Leader Schultz has indicated a floor vote on
SB 331 is likely for next Tuesday, Dec. 6.
The
Assembly Rules Committee met Wed, Nov 30, to schedule the Calendar for 11
a.m., Tuesday, Dec. 6. The following items are included on the Assembly
Calendar:
-
AB-258. Prescription drug labels.
-
AB-263. Prescription drug labels (Companion to SB-132 below)
-
AB-398. Cash discounts for retail motor vehicle fuel purchases.
(Companion to SB-180 below)
-
AB-597. Remedies in certain actions concerning building code or zoning
ordinance violations.
-
AB-844. HIRSP changes.
-
AB-536. Prohibits register of deeds from recording certain instruments
that contain more than a partial social security number.
-
SB-180. Cash discounts for retail motor vehicle fuel purchases.
Committee Activity
The Senate Committee on Job Creation recommended passage (3-2) of
SB-372, which would create a grant for a biomedical technology alliance
in southeastern Wisconsin.
The
Assembly Property Rights and Land Management Committee approved passage
(4-2)
AB-713, subjecting county development plans to town board approval, and
AB-675, allowing compensation for the reduction in the fair market value
of private real estate.
Executive action by the Joint Finance Committee included recommending
passage of two bills providing for changes to HIRSP, the Health Insurance
Risk Plan (AB-844
and
SB-451).
SB-161, relating to civil liability exemptions for claims resulting from
weight gain or obesity, was recommended for passage (3-2) by the Senate
Judiciary Committee.
New Bills Introduced
SB-456: Gives parents of adult children right to sue for loss of society
and companionship; gives adult children right to sue for loss of parent. To
Judiciary, Corrections and Privacy.
SB-459: Changes affecting administration and funding of programs for
utility public benefits; renewable energy requirements for utilities and
retail electric cooperatives; energy efficiency requirements for state
construction; revision and review of the state energy conservation code;
state use of renewable energy resources; anaerobic digestor research. To
Energy, Utilities and Information Technology.
Department of Revenue Reports Positive Economic Outlook
Despite rising energy costs and other national economic challenges in
the face of shocks brought about by hurricanes Katrina and others,
Wisconsin’s economic outlook is encouraging.
Personal income is expected to increase 5.1 percent this year and 5.7
percent next year, collections are showing strong growth in the first four
months, and employment numbers continue to grow, according to the Wisconsin
Department of Revenue’s
November, 2005 Economic Outlook report.
Wisconsin
Politics
Burke to Serve Jail Time
Receiving the sentence requested by District Attorney Brian
Blanchard, former Democratic state Sen. Brian Burke will serve six
months for misconduct in office. In addition, he was ordered to
pay restitution of $75,000 (which was not part of the original
plea agreement), legal fees, and a fine for obstructing justice.
Legislator to Enter Race for Waukesha Mayor
State Rep. Ann M. Nischke (R) has entered the race for Waukesha mayor,
citing the importance of bringing economic development into the city.
Nischke, 54, now represents the 97th Assembly District. Elected in 2002, she
currently chairs the Assembly Committee on Insurance, and also serves on the
committees for Aging and Long-Term Care; Economic Development; Education
Reform; and, Energy and Utilities.
Political News
Assembly must OK reform bill (opinion): Wisconsin State Journal,
Dec. 1, 2005.
Manufacturing doing well: Milwaukee Journal Sentinel, Dec. 1, 2005.
Job growth in the Mid-America region slows to two-year low: La
Crosse Tribune, Dec. 1, 2005.
Reynolds' cap on gas tax increase a smart proposal (opinion):
Oshkosh Northwestern, Dec. 1, 2005.
DNR revamps pier rules, says small percentage would need permit:
Appleton Post-Crescent, Dec. 1, 2005.
Two lawyers to argue cases before state high court: Green Bay
Press-Gazette, Dec. 1, 2005.
Competitive elections, redistricting are vital (opinion): Milwaukee
Journal Sentinel, Nov. 29, 2005.
Drunken
driving plays uncertain role: Milwaukee Journal Sentinel, Nov. 29,
2005.
Aid cuts put child support at risk: Appleton Post-Crescent,
Nov. 29, 2005.
Illinois
donations to candidates panned: Milwaukee Journal Sentinel, Nov. 29, 2005.
Gov.
Doyle should come clean on barbecue (opinion): Stevens Point Journal, Nov.
29, 2005.
Abstinence and the Wisconsin Legislature (opinion): Racine Journal Times,
Nov. 29, 2005.
Station owners fight markup law: Appleton Post-Crescent, Nov. 29,
2005.
Oil Executives Due At Hearing In Milwaukee: Wisconsin State Journal,
Nov. 28, 2005.
The Song Could Be 'hail To The Cheese': Wisconsin State Journal,
Nov. 28, 2005.
N.Y. car
emission rules get tighter: Milwaukee Journal Sentinel, Nov. 26,
2005.
Upcoming Fundraisers
Dec. 3
Dec. 5
-
U.S. Rep. Tammy Baldwin (R), Madison
-
US
Rep. Mark Green (R), Waukesha
-
State Treasurer Jack Voight, Appleton
-
Rep. Steve Freese (R-Dodgeville), Dodgeville
-
Rep. Andy Lamb (R-Menomonie), Menomonie
-
Sen. Ted Kanavas (R-Brookfield), Milwaukee
Dec. 6
-
State Treasurer Jack Voight, Waukesha
-
State Treasurer Jack Voight, Madison
-
Scott Walker (R) gubernatorial candidate, Milwaukee
Dec. 7
Dec. 8
Dec. 9
Dec. 11
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