State Bar of Wisconsin

For the Week Of January 26, 2006

Governor, Legislators at Odds Over Guns

Legislature passes SB 403, Governor Vetoes

Governor Doyle vetoed proposed concealed carry legislation for the second time during his term as Wisconsin’s governor.  SB 403 passed through both houses of the legislature late last year, with the Senate giving the final confirmation of the Assembly’s amended version of the bill last week on January 17th.  The Republicans have pledged a veto override effort, and succeeded in the first step by voting to override in the Senate  on January 26th .  The override success in the Senate was not a surprise, as the original bill sailed through with a bi-partisan vote of 23-10, with four Democrats voting in favor: Russ Decker, Roger Breske, Jeff Plale and Julie Lassa.

An override action in the Assembly will not be so easy.  The original vote in that house was 64-32, shy of the 2/3 needed to trump the Governor’s veto.  Republican leadership maintains that success is still possible, and they may be right.  One seat was vacant at the time of the vote, and has since been filled by a republican representative.  Also, Republican legislator Mary Williams was absent for the vote and has pledged to vote for the override.   

Two Democrats who voted for the bill, Rep. Steinbrink and Rep. Van Akkeren, have stated that they are not sure how they’d vote on an override.  Bill author Scott Gunderson has expressed confidence that they’ll stick with their original vote, however, there is likely to be pressure for all Democrats to side with the Governor during an election year.

The Assembly will vote on the override next week, on January 31st.  For more information about the bill, including its 15 amendments, click here:

SB 403:  http://www.legis.state.wi.us/2005/data/SB403hst.html

Med Mal Override Attempt Fails

Assembly falls short in an effort to override veto on malpractice caps.

In late 2005, Governor Doyle vetoed AB 766, one of three bills that were passed by the state legislature in an attempt to deal with the Supreme Court’s decision in the Ferdon v. Wisconsin Patients Compensation Fund, 2005 WI 125 (2005) case which declared Wisconsin’s caps on medical malpractice claims unconstitutional.  In his veto message, Doyle stated that he doubted the bill’s proposed increase in caps of only $5,000 would pass constitutional muster.

Several Democrats voted with the Republicans to override the bill, including Rep. Spencer Black, Rep. Mary Hubler and Rep. Amy Sue Vruwink.  While the veto override may have failed, it is likely that this is not the last time we’ll see medical malpractice reform legislation during this session.

Rep. Gregg Underheim will not Run for Re-election

Long-time legislator has been a leader on health care issues.

Retiring Oshkosh Republican Gregg Underheim has served in the State Legislature since 1987 and has been chair of the Assembly’s Health Committee since 1995.  Rep. Underheim has made significant contributions to our State’s health care policy during his tenure.  He was worked to give patients the right to challenge the decisions of their HMOs and spearheaded a data collection project which gives health care workers and patients better access to information.

Rep. Underheim plans to seek other employment after his current term expires.

Capitol Update