| 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.
For
more information on legislation
of interest to CTCW members, go
to the CTCW
Tracking Report. |
