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Dec. 9, 2005
The Legislature will return next week
for the conclusion of its rather unusual December floor action
before recessing for the holidays.
Civil justice issues remain prominent in the news around the State Capitol.
Governor Doyle, as he had signaled, vetoed the re-establishment of caps on
noneconomic damages in medical malpractice cases. (There is speculation that
there could be a round two with inclusion of a higher cap.) The Assembly is
expected to give final passage to the Jobs Preservation Act, which deals
with employer/seller liability and the risk contribution theory as a result
of the Thomas case handed down by our Supreme Court in July of this year. A
bill that responds to another Supreme Court decision, and which would
heighten the standards for the award of punitive damages, will have a public
hearing next week and will likely be acted on by the Legislature early next
year.
The Senate this week passed a controversial bill that would repeal the
automatic indexing of the gasoline tax and require a separate vote by
legislators on each proposal to increase the tax. The repeal has struck a
popular tone, particularly in light of increases in the cost of gasoline
that have been experienced this past year. Opponents of the repeal are,
however, concerned about the potential negative impact on the state’s
transportation infrastructure which currently enjoys a favorable national
reputation. The Assembly is scheduled to take the bill up next Tuesday and
the speculation is that it will pass and be signed by the Governor.
Policy Developments
Floorperiod Scheduled for Week of
Dec. 12
Assembly, Tuesday, Dec. 13:
-
Item Veto C-1 (Budget bill veto). HIRSP privatization.
-
SB-402. “The Jobs Preservation Act” relating to manufacturer/seller
liability in response to the Thomas decision.
-
SB-331. Repeals annual adjustment of the motor vehicle fuel tax rate.
Passed and Messaged
-
SB-180. Cash discounts for retail motor vehicle fuel purchases.
Passed, voice vote.
-
AB 746. Liens for metal fabrication tool builders and metal parts
manufacturers. Passed, voice vote.
-
AB-593. WHEDA modernization. Passed, voice vote.
HIRSP Passes Assembly
Legislation that would dramatically reform the state’s “safety net” for
uninsurable individuals received strong bipartisan support and passed the
state Assembly 83-12. Under
AB-844, the Health Insurance Risk Sharing Plan, also known as HIRSP,
would become a quasi-governmental authority operated by a board of directors
appointed by the Governor.
HIRSP
changes. Am. 1 to Sub. 2, ruled germane. Am. 1 to Sub 2 tabled, voice
vote. Sub. 2 adopted, voice vote. Engrossed, voice vote. Rules not suspended
for 3rd Reading, 58-36. Returned to amendable stage by unanimous consent.
Am. 2 to Sub 2 adopted, voice vote. Sub. 2 adopted, voice vote. Passed,
83-12. Messaged.
Doyle Vetoes Caps on Noneconomic Damages in Medical Malpractice Cases
As expected, Gov. Doyle late Friday vetoed
AB 766, which would have re-established limits on the amount of
noneconomic damages, such as pain and suffering, which may be recovered in
medical malpractice lawsuits.
Monetary limits created by
1995 Wisconsin Act 10 were ruled unconstitutional in July 2005 by the
Wisconsin Supreme Court in the case of
Ferndon v. Wisconsin Patients Compensation Fund. There are and never
have been any statutory limits on economic damages such as loss of income or
medical costs.
On
October 25, the Assembly passed the bill to re-establish caps on noneconomic
damages by a vote of
64-30. The Senate passed the bill on November 8 by a vote of
19-14.
In
addition, Doyle vetoed
AB-764 that provided for jury instructions on collateral sources
payments in malpractice actions. Doyle signed
AB-765, which extends coverage of the
Injured Patients and Families Compensation Fund to graduate medical
education programs that train post-graduate students.
Assembly Judiciary to Hear Punitive Damages Bill
AB 843, which heightens the standards for
the award of punitive damages, is scheduled for public hearing before the
Assembly Judiciary Committee at 8:30 next Tuesday morning, December 13.
AB
843 was introduced in response to the
Mitsubishi case that was
handed down by the Supreme Court in March of this year and which interpreted
another 1995 legislative enactment. Proponents of the bill believe that the
Court’s interpretation resulted in a weaker standard than that which was
intended by the legislative enactment in
1995 Wisconsin Act 17.
The
Committee will also hold a hearing on
AB-855 relating to frivolous lawsuits and
restoring the frivolous lawsuit statute that existed prior to a
Supreme Court adopted change that went into effect on July 1 of this
year. The change adopted by the Court was supported by plaintiff and defense
lawyers who preferred conformity with the federal rule and were concerned
that an interpretation of Wisconsin’s earlier statute could trap lawyers
engaged in activity that would not otherwise be considered frivolous.
Senate Passed Bill to End Gas Tax Indexing
The repeal of gas tax indexing (SB-331)
was taken up and passed (20-13)
by the State Senate on Tuesday. Under the bill, gas tax indexing would be
repealed after the next scheduled indexing adjustment on April 1, 2006.
The
Senate amended the bill by attaching a provision (SA
3) that prohibits the diversion and use of transportation fund revenue
for anything other than traditional transportation fund purposes, beginning
on July 1, 2007, to coincide with the start of the next biennium.
The
bill was also amended to expedite a one-cent reduction in the PECFA fee from
May 1, 2006 to April 1, 2006 so that the one-cent PECFA reduction and the
last gas tax indexing adjustment occur simultaneously. (SA 1 to SA 6 and
SA 6) (Estimated indexing increase on April 1, 2006 = 0.8 cents less 1
cent PECFA fee reduction = net estimated 0.2 cent gas tax decrease on April
1, 2006.)
As
passed in the Senate, gas tax indexing would be suspended starting with the
April 1, 2007 adjustment. According to the fiscal estimate, the bill would
reduce FY 07 (this biennium) revenues by $5 million in the Transportation
Fund. (April, May and June of 2007). Lost revenues are estimated at $26
million in FY 08 and close to $50 million in FY 09 and a potential gas tax
increase would presumably need to be addressed in the next biennial budget.
The
bill was immediately messaged to the Assembly and has been placed on the
Assembly floor calendar for Tuesday, December 13th.
Pier Rules Approved by DNR Board/Oversight Committee Formed
The DNR Board voted unanimously Wednesday to revise the rules to exempt
85 percent of existing piers from regulation. Another 14 percent could
register with the state free of charge instead of a $50 fee required in
earlier rules.
Rep.
Scott Gunderson, R-Waterford, said GOP lawmakers still would move forward
with their bill exempting all existing piers from regulation. The Senate and
Assembly natural resources committees has 30 days to review the rule, and
then may send them back for modifications; object to the rule and introduce
a bill to overturn DNR’s action; or approve the rule or take no action
allowing the rule to take effect.
In
the midst of complaints from residents unhappy with the targeting of private
piers, Senate leaders announced a new committee that will focus on the
content and enforcement of DNR issues including pier regulations, wetland
regulations and land use regulations.
Sen.
Alan Lasee will chair the five-member Senate Selection Committee on DNR
Regulatory Reform. Senators David Zien and Cathy Stepp will be the other
Republican members, with two Democrats to be named later. A series of
hearings across the state are planned to collect testimony from residents,
likely in January.
Kedzie to Introduce Amendment to Protect Transportation Funds
Assistant Senate Majority Leader Neal Kedzie (R-Elkhorn) intends to
introduce an amendment to the State Constitution to protect the state’s
transportation fund from being used for non-transportation programs.
Kedzie’s amendment is currently in the drafting process and will be
introduced as soon as it is available. In order for a constitutional
amendment to be ratified, identical forms of the measure must be passed by
two consecutive Legislatures and then approved by a statewide referendum.
The
content of the proposed constitutional amendment was adopted as a statutory
provision by the Senate as an amendment to SB 331, the repeal of indexing.
Wisconsin
Politics
McCormick to Run for Congress
State Rep. Terri McCormick, R-Greenville, this week announced
she will be a candidate for Congress for the 8th Congressional
District, which is being vacated by U.S. Rep. Mark Green who is
running for Governor.
Also
seeking Green's seat are Assembly Speaker John Gard, R-Peshtigo, and
Democrats Jamie Wall of Green Bay, former Brown County Executive Nancy
Nusbaum and Steven Kagen, an Appleton physician. The 2006 fall primary is
Sept. 12 and the general election is Nov. 7.
State Treasurer Announces his Re-Election Candidacy
State Treasurer Jack Voight announced his re-election candidacy for a
4th term. Voight was elected in 1994 and re-elected in 1998 and 2002.
Political News
No more
free ride on gas tax: Milwaukee Journal Sentinel, Dec. 7, 2005.
Newcomer
leads fund raising for GOP Assembly nomination: Milwaukee Journal
Sentinel, Dec. 7, 2005.
Doyle
donations preceded sale of nuclear plant: Milwaukee Journal
Sentinel, Dec. 7, 2005.
Group
alleges conflict in power plant's sale: Milwaukee Journal Sentinel,
Dec. 6, 2005.
McCormick to run for Congress: Appleton Post-Crescent, Dec. 6, 2005.
Senate
president will fight gas tax cap: Milwaukee Journal Sentinel, Dec.
6, 2005.
Voight
announces bid for fourth term as state treasurer: Janesville
Gazette, Dec. 6, 2005.
Are our county boards too large? Baraboo News Republic, Dec. 6,
2005.
Doyle
vetoes medical malpractice caps: Milwaukee Journal Sentinel, Dec. 4,
2005.
Levy limits may not curb spending: Appleton Post-Crescent, Dec. 4,
2005.
Bill to lower gas prices gets push: Green Bay Press-Gazette, Dec. 4, 2005.
We need
facts, not hype, on ethanol (opinion): Milwaukee Journal Sentinel,
Dec. 4, 2005.
County needs to resolve policy on wind farm projects (opinion):
Manitowoc Herald Times, Dec. 4, 2005.
Senator pumps up gas price relief: Appleton Post-Crescent, Dec. 3,
2005.
Guv
hopefuls wake up late on gas tax: Milwaukee Journal Sentinel, Dec.
2, 2005.
Housing
program breaks mortgage lending record: Milwaukee Journal Sentinel,
Dec. 2, 2005.
Debate set here on eminent domain ruling: Madison Capital Times,
Dec. 2, 2005.
DNR
revises contested dock rules: Milwaukee Journal Sentinel, Dec. 2,
2005.
Zoning committee, builders spar over shoreline runoff rules: Sawyer
County Record, Nov. 30, 2005.
Steer this cell phone ban into the rules of the road (opinion):
Oshkosh Northwestern, Dec. 2, 2005.
Upcoming Fundraisers
Dec. 11
Dec. 12
-
Rep. Terry Moulton (R-Chippewa Falls),
Chippewa Falls
-
Rep. Debi Towns (R-Janesville),
Janesville
-
Scott Walker (R) gubernatorial
candidate, Antigo
Dec. 13
Dec. 14
-
Scott Walker (R) gubernatorial
candidate, Cedarburg
-
Governor Jim Doyle, Milwaukee
-
Sen. Joe Leibham (R-Sheboygan),
Milwaukee
Dec. 15
Dec. 16
-
U.S. Rep. Mark Green (R), Green Bay
-
Rep. Mark Honadel (R-South Milwaukee),
South Milwaukee
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