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Dec. 16, 2005
The State Assembly last night
concluded its legislative business for 2005 and recessed until
next year. Both Houses are scheduled to return for business on
Jan. 17, 2006. (The Senate, which met last week, was not in
session this week.)
While December floor periods are unusual in
Wisconsin, the Legislature did address a number of high profile,
controversial issues including “concealed carry,” repeal of the automatic
gas tax indexing, and mandating ethanol blend in gasoline throughout the
state. The concealed carry bill was amended and needs to return to the
Senate for further action; the ethanol mandate passed the first House; but,
the next stop for the gas tax repeal is the Governor.
The Legislature also took final action on the
Jobs Preservation Act relating to actual poof of fault in product liability
cases and advanced, within the process, other civil justice bills relating
to the standard for punitive damages and liability exemptions related to
alleged injuries resulting from weight loss and obesity. The Legislature has
made civil justice reform a very high priority and three major bills are
currently pending before the Governor, including the Jobs Preservation Act
referred to above, as well as product liability reform and the establishment
of stricter standards for the admission of expert opinion evidence. (The
Governor has already vetoed the re-establishment of caps on noneconomic
damages in medical malpractice cases.)
Tidbits Alerts will be sent over the next
couple of weeks if there are significant developments to be reported.
Otherwise, we are going into a bit of a holiday mode.
All of us at The Hamilton
Consulting Group extend our wishes for A HAPPY HOLIDAY to all of our
clients, friends and colleagues.
Policy Developments
The Jobs Preservation Act Advances
to Governor
The Assembly this week gave final approval (on a voice vote)
to
Senate Bill 402 (labeled the
Jobs Preservation Act by proponents), which would reaffirm
traditional tort law in Wisconsin that requires proof a specific
company actually manufactured or sold the specific product that
caused the damage before the injured party can recover. (The
Assembly companion bill, AB 778, had previously passed the
Assembly on a vote of 60-36.)
The
legislation was introduced in response the Thomas decision issued by
the Wisconsin Supreme Court in July of this year. The decision has been
characterized by a national expert as putting Wisconsin law dramatically out
of line with any other state in the country.
Punitive Damage Bill has Assembly Hearing
The Assembly Committee on Judiciary on Tuesday held a public hearing on
AB 843 relating to the standards for the
award of punitive damages which responds to two other Wisconsin Supreme
Court cases handed down earlier (March) of this year.
Proponents of the legislation argue that the Wisconsin Court “re-interpreted
and weakened” the standards adopted by the Wisconsin Legislature in 1995.
The Senate companion bill,
SB 447, is pending before the Senate Judiciary committee.
Gas Indexing Bill Goes to Governor
Earlier this week, the Assembly concurred in the bill which repeals the
automatic annual indexing of the state gasoline tax rate (SB-331).
The vote was 74-23. The bill passed the Senate on
December 6 by a vote of
20-13.
The
bill now goes to Gov. Doyle for action. For further information on the
effects of SB-331, see the
Dec. 9 edition of Political Tidbits. The
Legislative Council has prepared a
memo on the subject.
Ethanol Mandate (AB-15)
During its final floorperiod of 2005, the State Assembly on Thursday passed
the controversial bill
(AB-15) to mandate the use of ethanol in Wisconsin gasoline. The vote
was
54-38, Paired 6. [See the
Legislative Council Amendment Memo.]
Supporters said the bill would help farmers by increasing corn sales; those
opposed cited the increase in ozone pollution that would be caused by
burning, ethanol which would, in turn, place additional emission control
costs on Wisconsin businesses. The bill now goes to the Senate.
Pier Bill Approved
Also on Thursday evening, by a vote of
58-34, 4 paired, the Assembly passed
AB 850, which allows existing piers in Wisconsin to avoid regulation by
rules approved last week by the Wisconsin Natural Resources Board. The bill
will grandfather existing piers and prevent their owners from having to pay
a fee to the DNR.
Other Assembly Action This Week
-
AB 594, relating to repossession of goods in consumer credit
transactions, passed on a vote of 64-29.
-
SB 426, relating to changes in the Unemployment Insurance Law
developed by the UC Advisory Committee was concurred in on a vote of
82-11.
-
AB 120, which prohibits cell phone use by teenage drivers during the
first nine months of their license period, and also by teenage drivers who
hold an instruction permit, passed the Assembly 89-6.
Committees Recommend Passage of “Obesity” Bills
The Assembly Judiciary committee has recommended passage of
AB-338, which would provide certain exemptions
from civil lawsuits by people with health conditions brought on by weight
gain or obesity. The companion bill,
SB-161, was recommended for passage by the Senate Committee on
Judiciary, Corrections and Privacy by a vote of 3-2 on Dec. 2.
Milwaukee Earns ‘World Leadership’ Award
Milwaukee Mayor Tom Barrett announced today the City of Milwaukee is one
of nine cities worldwide to receive a ‘World Leadership’ Award for its model
of affordable housing that transforms neighborhoods.
The
World Leadership Forum issued the award to the City of Milwaukee Housing
Authority in a recent ceremony in London (UK). Leaders in 400 of the world’s
largest cities were asked to submit synopses of their most successful
projects. Projects from around the world were submitted on the environment,
urban renewal, housing, health, city planning, architecture, civil
engineering, education, the economy and employment.
Governor Signs Bill Promoting Donation of Umbilical Cord Blood for
Scientific Research
Gov. Jim Doyle on Thursday signed Assembly
AB-270, which promotes the donation of umbilical cord blood. The
information must be provided if the donation for the collection or storage
may be made without monetary expense to the woman, to any third-party
providing health care coverage for the woman, or to the hospital in which
the delivery occurs. Stem cells derived from the umbilical cord blood of
newborn babies have proven to be a potentially life-saving resource in the
treatment of certain diseases.
The
Assembly passed the bill on June 23 by a vote of
79-19, and the Senate concurred
33-0 on September 27.
Wisconsin
Politics
Chvala to Serve Jail Time
Former Senate Majority Leader Chuck Chvala was sentenced to
nine months in jail, followed by two years of probation for felony
misconduct in office and illegally funneling campaign
contributions.
Dane
County Circuit Judge David Flanagan ordered the sentence on Thursday,
extending the six-month sentence recommended by prosecutors. The sentence
also includes a fine and will include some level of restitution, pending
receipt of a recommendation by the prosecutors. The Judge also included in
his order that Chvala may not engage in lobbying during his jail and
probationary period.
Former Senator Proxmire Dies
William Proxmire, died on Thursday at the age of 90. He served as a
member of the Wisconsin State Assembly from 1951 to 1952 and was an
unsuccessful candidate for Governor of Wisconsin in 1952, 1954 and 1956.
Senator Proxmire was elected to the U.S. Senate to fill the remainder of the
term vacated due to the death of Senator Joseph McCarthy in 1957 and served
in the Senate until 1989. Senator Proxmire served as the Chairman of the
Committee on Banking, Housing, and Urban Affairs from 1975 to 1981 and again
from 1987 to 1989.
Proxmire's monthly "Golden Fleece" awards, which he began in 1975 to point
out what he thought were frivolous expenditures of taxpayers' money, became
a Washington tradition.
Newcomer Wins Primary
Mark Newcomer defeated four other Republicans in Tuesday’s GOP primary to
win the right to meet Democrat Patrick Byrne in the January 10th
special election to fill the vacancy created by the resignation of
Republican Dan Vrakas, who was elected Waukesha County Executive earlier
this year.
Political News
Chvala
gets 9 months: Milwaukee Journal Sentinel, Dec. 16, 2005.
Assembly
passes ethanol fuel measure: Milwaukee Journal Sentinel, Dec. 16,
2005.
Senator
showed independence: Milwaukee Journal Sentinel, Dec. 16, 2005.
Proxmire, presenter of 'Golden Fleece' award, dead at 90: Fond du
Lac Reporter, Dec. 15, 2005.
Assembly passes mandate for ethanol in gasoline: Appleton
Post-Crescent, Dec. 15, 2005.
Assembly passes mandate for ethanol in gasoline: Fond du Lac
Reporter, Dec. 15, 2005.
Chvala sentenced to nine months: Appleton Post-Crescent, Dec. 15,
2005.
Assembly approves bill easing regulation on piers: Green Bay
Press-Gazette, Dec. 15, 2005.
Umbilical cord blood bill signed: Appleton Post-Crescent, Dec. 15,
2005.
Doyle hails tax figures as proof of relief: Madison Capital Times,
Dec. 12, 2005.
Doyle picks locally; Shilling selected to head subcommittee: La
Crosse Tribune, Dec. 12, 2005.
Vote to
narrow crowded GOP field: Milwaukee Journal Sentinel, Dec. 11, 2005.
Upcoming Fundraisers
Dec. 20
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