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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.
| In this Issue |
 |
Assembly/Senate Calendar for Nov. 8
Assembly Calendar for November 9
Government Accountability Bill Passes Senate
Voter ID Moves Forward
Governor Doyle Creates eHealth Care Quality and Patient
Safety Board
Doyle Announces Nearly $1 Million for Brownfields Projects in
Milwaukee County
Potential Democrat Attorney General Primary Brings
Reaction
House Passes Eminent Domain Legislation |
| Policy Developments |
|
Assembly Calendar for Nov. 8
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AB
101/SB 58:
Relating to product liability of manufacturers, sellers and
distributors. (Special Order of Business)
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AB
203/SB 90:
Relating to expert opinion evidence. (Special Order of
Business)
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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
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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.”
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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.
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AB-766:
Relating to malpractice awards – non-economic damages caps.
Assembly Calendar for November 9
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AB 72: Relating to definition, labeling, advertising and promotion of
biodiesel fuel and biodiesel fuel blends.
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AB
298: Relating to tourism promotion and production under the
room tax.
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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.”
For more
information on legislation of interest to CTCW members, go to the CTCW
Tracking Report. |
| 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. |
| In the 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 |
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Nov. 8
Nov. 10
Nov. 11
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JB Van Hollen (R) AG candidate, Waunakee
-
Sen. Bob Jauch (D-Poplar), Superior
Nov. 13
For details, go to Hamilton
Consulting Fundraiser Calendar. |
CTCW Political Tidbits is a weekly
newsletter on Wisconsin political and policy developments prepared for
CTCW members by The Hamilton
Consulting Group. Employees of CTCW member organizations can subscribe
at: http://www.ctcw.org/form-subscribe-tidbits.html.
To unsubscribe, go to: http://www.ctcw.org/form-unsubscribe-tidbits.html.
© 2005 The Hamilton Consulting Group |
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