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The Senate
this past week was able to secure enough votes (23) to override the
Governor’s veto of concealed carry legislation. The fate of the override
in the Assembly, where the required 2/3 vote failed by only one vote last
session, is uncertain, but the answer is scheduled to come next Tuesday
when the measure moves to the Assembly floor.
Following
the concealed carry vote, Senate leadership has scheduled veto override
votes on two major pieces of liability reform legislation. These bills,
Senate Bill 58, relating to product liability changes, and Senate bill
402, which would restore traditional tort law requiring the proof of fault
and causation, were vetoed by the Governor earlier this
year.
Proponents
of concealed carry have consistently argued that Wisconsin is one of only
a handful of states that does not allow concealed carry under at least
some circumstances. Proponents of Senate Bill 402 can and do argue that
Wisconsin is the only state in the country that operates under the
expanded “risk contribution” theory, which the bill would
overturn.
The State
Legislature moved one step closer to making a statement regarding the
eminent domain case handed down by the U.S. Supreme Court last year. The
Senate this week concurred with the Assembly on Assembly Bill 657, but
only after adopting two, mostly clarifying, amendments of it own. The bill
makes an appropriate “property rights protection” statement without overly
burdening “legitimate” economic development activities.
The
Legislature will be engaged in floor debate and vote next week before
taking a break from floor sessions until February 21st. There
will be significant committee activity in the interim.
Also,
please mark your calendars for the “2006 Governor’s Conference on Economic
Development,” February 8-10, and “Business Day Wisconsin,” February
22nd, both at the Monona Terrace Convention Center,
Madison.
| In this Issue |
 |
Civil Justice Bills
Advance/Veto Override Votes Scheduled
Senate Passes
Economic Development Legislation
Assembly Eminent
Domain Bill Approved by Senate with Amendments
Governor Vetoes Concealed Carry Bill/Senate Overrides
Veto
Partial Veto Resolution Passes in Assembly 74-25
Other Legislative Action this Week
Senate Committee to Vote on Ethanol Bill
State Lawmakers Introduce Bill to Create State Disaster
Relief Fund
Parental Choice Legislation Introduced
Midwife Licensure Bill Passes Joint Finance
State Senate Democratic Committee Names New Chair
Committee Approves Alito Nomination |
| Policy Developments |
|
Civil Justice
Bills Advance/Veto Override Votes Scheduled
The Assembly this week
passed:
-
AB-338,
relating to civil liability exemptions from claims resulting from
weight gain or obesity. (65-32)
-
AB-843,
relating to heightening the standards for the award of punitive
damages in civil cases. (59-38)
The Senate has
scheduled the punitive damages bill for floor action next week as
well as AB-278 which includes the standards for the admission of expert
opinion evidence; restrictions on the Attorney General’s power
regarding public nuisance lawsuits and repeal of shareholder
liability.
Further, the Senate
has scheduled a veto override vote on the following two high profile
civil justice bills:
-
SB-58,
relating to changes to Wisconsin product liability
law.
-
SB-402,
relating to reining in the Supreme Court’s expansion of the risk
contribution theory. This has been referred to as the “Jobs
Preservation Act” and the “lead paint bill.”
Senate Passes
Economic Development Legislation
The State Senate on Jan. 24
in Assembly
Bill 116, which expands the permissible uses of county economic
development loan accounts. The bill changes the definition of
"industrial development project" to include commercial, retail, or
service enterprises for the purposes of providing businesses with
low interest loans from county industrial development loan
accounts.
Current law only
allows for these revolving fund loans to be used to help finance
industrial development projects. (The bill is supported by the
Wisconsin Economic Development Association and the Wisconsin
Counties Association and previously received no opposition in the
Assembly.)
Assembly Eminent
Domain Bill Approved by Senate with Amendments
AB-657, which was introduced in response to the U.S. Supreme Court’s Kelo decision regarding local government’s condemnation
authority, supported by the Senate with Amendments 1 and 2 relating to utility condemnation
authority and further defining the “crime rate” component exception
to the prohibition in the bill.
Governor Vetoes Concealed Carry Bill/Senate Overrides
Veto
Late last Friday, Jan. 20, Gov. Doyle announced
his veto of SB-403, the concealed Carry Bill. The bill would
have allowed people 21 and older to carry concealed weapons after
passing a course, provided they had not been convicted of felonies
or certain misdemeanors, such as for domestic violence. Five-year
permits would have cost $75.
On Thursday, the Senate voted
23-10 to override the Governor’s veto, and it now goes to the
Assembly, where the outcome is uncertain.
Partial Veto Resolution Passes in Assembly
74-25
The Assembly voted to pass Assembly Joint Resolution 68
(AJR-68),
which will adjust the Governors ability to partially veto
legislation. The Resolution passed by a vote of 74-25,
and will now go to the Senate for a public hearing and a vote this
session.
Other Legislative Action this Week
The passed and
the Assembly concurred in SB-375 relating to liens for metal fabrication,
tool builders and metal parts manufacturers.
The Assembly passed and sent to the Senate AB-855 relating to damages for frivolous claims after adopting Assembly
Substitute Amendment 1 and
Amendments 2 and 5 to Sub. 1, and AB-912, relating to allowing individuals to
restrict release of credit reports.
Senate Committee to Vote on Ethanol Bill
On
Tuesday, Jan. 31, the Senate Agriculture and Insurance Committee
will vote on AB-15, which would require automotive gasoline to contain 10 percent
ethanol. Sen. Luther Olsen has recused himself from the vote due to
business interests and ties to ethanol producers.
A recent
press release states that the Sierra Club and other
environmental groups have negotiated an amendment with the lead
sponsor of the bill. The proposed amendment would statutorily require Wisconsin businesses to
reduce ozone forming emissions to compensate for the pollution
created by burning ethanol in cars and other
engines.
Wisconsin
Manufacturers and Commerce countered, declaring that the effects of the amendment
would be crippling to Wisconsin’s manufacturing base by requiring
businesses to clean up pollution they did not
create.
State Lawmakers Introduce Bill to Create State Disaster
Relief Fund
State lawmakers recently announced legislation to
establish a “Wisconsin Disaster Relief Fund” (WDRF). This
bi-partisan initiative provides state disaster aid to local
communities that suffer severe storm damage not covered by federal
disaster aid.
The fund will be modeled after Wisconsin’s State Flood Damage
Assistance Program, which provides communities affected by severe
flooding the opportunity to receive reimbursement of their cleanup
costs at a 70/30 state/local percentage match. The proposal is
currently being circulated for legislative
co-sponsorship.
Parental Choice Legislation Introduced
Legislators
introduced SB-521,
which would lift enrollment caps and allow students to continue in
the Milwaukee Parental Choice Program when income increases. The
bill is currently in the Senate Committee on Education.
The Department of Public Instruction announced on December 27
that rationing would have to be imposed in Milwaukee’s school choice
program during the 2006-2007 school year because demand far outpaces
available resources.
Opponents of the move point out that rationing could prevent
hundreds, or even thousands of Milwaukee students from enrolling in
or continuing in the program.
Midwife Licensure Bill Passes Joint Finance
On
Wednesday, Jan. 25, the Joint Committee on Finance voted (15-1) to
adopt the Assembly amendments and recommended passage of AB-709 for licensing of midwives. Identical action was taken on the
companion bill, SB-477.
The bills are scheduled for action in the Senate and Assembly
on January 31.
For more
information on legislation of interest to CTCW members, go to the CTCW
Tracking Report. |
| Wisconsin Politics |
|
State Senate Democratic Committee Names New
Chair
State Sen. Russ Decker was recently named Chair of the
State Senate Democratic Committee. Senator Decker has served four
terms in the State Senate. |
| Federal Developments |
|
Committee Approves Alito Nomination
The Judiciary
Committee vote, with all 10 Republicans voting to confirm and all
eight Democrats voting to reject the nomination, sets the stage for
further debate on the Senate floor.
Democrats Herb Kohl and Russ Feingold both voted against
Alito. A call for a filibuster by several Democrats is likely to
fail, and a likely confirmation is expected on
Tuesday. |
| In the News |
|
Senate
overrides weapons veto: Milwaukee Journal Sentinel, Jan. 27,
2006.
Travel
inquiry could intensify: Milwaukee Journal Sentinel, Jan. 27,
2006.
Doyle
fund-raiser called legal but improper: Milwaukee Journal
Sentinel, Jan. 27, 2006.
Outlaw
staff fund-raisers (opinion): Milwaukee Journal Sentinel, Jan.
27, 2006.
Doyle's
veto opens door to trial lawyers (opinion): Janesville Gazette,
Jan. 26, 2006.
Doyle
won't return donation, rebid disputed contract: Janesville
Gazette, Jan. 26, 2006.
Bill
to allow heavier trucks backed: Madison Capital Times, Jan. 26,
2006.
State
should clear up vehicle license backlog (opinion): Racine
Journal Times, Jan. 27, 2006.
Legislators
want state disaster fund: Madison Capital Times, Jan. 26,
2006.
Governor
still misses chance to lead reform (opinion): Janesville
Gazette, Jan. 26, 2006.
State's
biotech industry: A spot on world stage? Milwaukee Journal
Sentinel, Jan. 27, 2006.
New
law could shrink state's county boards: Superior Daily Telegram,
Jan. 26, 2006.
Area's
jobless rate drops: Milwaukee Journal Sentinel, Jan. 26,
2006.
GM's
biggest loss since 1992 deals U.S. auto industry another blow: Marshfield News Herald, Jan. 26, 2006.
Weather
headlight bill OK'd: Milwaukee Journal Sentinel, Jan. 25,
2006.
How
many more hits before political reform? (opinion): Sheboygan
Press, Jan. 27, 2006.
A
welcome development (opinion): Milwaukee Journal Sentinel, Jan.
24, 2006.
Lasee
proposes referendum legislation: Green Bay Press-Gazette, Jan.
24, 2006.
Wisconsin
slips in venture capital investment ranks: Milwaukee Journal
Sentinel, Jan. 24, 2006.
State
escapes direct cuts by Ford: Milwaukee Journal Sentinel, Jan.
24, 2006.
Ford
fallout is pain, promise: Milwaukee Journal Sentinel, Jan. 24,
2006.
Ads take
up cause to lift voucher cap: Milwaukee Journal Sentinel, Jan.
24, 2006.
Health
bill enjoys bipartisan support: Appleton Post-Crescent, Jan. 23,
2006.
Total
workplace smoking ban won’t pass, legislators say: La Crosse
Tribune, Jan. 23, 2006.
State's
ER care average in nation: Marshfield News Herald, Jan. 23,
2006.
Who pays
the tab for low benefits? Milwaukee Journal Sentinel, Jan. 22,
2006.
Milwaukee
takes lead with economic vision: Milwaukee Journal Sentinel,
Jan. 22, 2006.
Grand
jury examines contract: Milwaukee Journal Sentinel, Jan. 22,
2006.
Lead
paint veto makes no sense (opinion): Milwaukee Journal Sentinel,
Jan. 22, 2006.
Doyle
seems willing to negotiate on voucher cap: Milwaukee Journal
Sentinel, Jan. 21, 2006.
For more Wisconsin News,
go to Hamilton
Consulting News Clips. |
| Upcoming Fundraisers |
|
Feb. 7
-
Rep. Sheldon Wasserman (D-Milwaukee), Milwaukee
-
Scott Walker (R) gubernatorial candidate,
Milwaukee
Feb. 8
Feb. 9
Feb. 11
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.
© 2006 The Hamilton Consulting Group |
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