For the Week Of March 13, 2006
It's a Wrap! ...... More or less
The end of the legislative session is in sight, final floor
session anticipated for April.
The 2005 regular session is almost at an end and the State Bar of
Wisconsin's Government Relations team has had a busy few months working
to represent the Bar, its sections and our key interests before the
state legislature. In 2005 alone, our Association and Sections took
positions on hundreds of bills and spent over 1,500 hours lobbying,
communicating with Bar members and state politicians, and researching
key issues that affect the practice of law. In order to give you a
better idea of what we've been up to during this past session, we've
prepared a brief look at some of the highlights of the Bar's
legislative efforts.
The Business Law Section has had a very successful year, where they
succeeded in passing several pieces of pro-active legislation.
The section has been working for several years on a review of
Wisconsin's business entity statutes, including the state's
corporations statute, Chapter 180. Senate Bill 619
reflects those years of review and is a positive step for Wisconsin to
take as it positions itself for future economic development. It is
anticipated that this bill will pass through the Assembly and be signed
into law by Governor Doyle this April. It has already passed unanimously
through the Senate.
AB 1036, another proactive bill pushed through by
the Business Law Section revises Article 5 of the Uniform Commercial
Code (UCC) updating the law governing the $200 billion U.S. letter of
credit industry. Banks, and occasionally other persons, issue letters
of credit to better assure payment to a third party by a customer up to
a stated amount, for a stated period of time. Half of all exports
outside the U.S. are financed by letters of credit. Thanks to the
section, Wisconsin is ahead of the game on this one: we're the first
state in the U.S. to adopt this uniform law. This bill has passed both
houses and awaits Governor Doyle's signature.
The Children in the Law Section was also pro-active this year,
having supported AB 511 throughout the legislative
process. This bill helps protect foster children over the age of 16
from being sexually victimized by their foster parents. When a 16 year
old foster child was sexually assaulted by his 36 year old foster
mother, district attorneys could only charge the perpetrator with a
misdemeanor because of the child's age and questions over whether or
not the relationship could be considered consensual. The Children and
the Law Section got involved because the community places a great deal
of trust in the foster care system to protect and nurture children
whose own parents are neglectful or abusive. Having been previous
victims of abuse and neglect, many of the children placed in foster
care are more vulnerable to being re- victimized.
This bill has also passed both houses and awaits Governor Doyle's
signature.
The RPPT Section helped pass AB 140, the Principal
and Income Act. This is the Badger State's version of the Uniform
Principal & Income Act (UPIA) which takes into account new types of
investment procedures and broadens the authority of trustees to
allocate funds between principal and income. Wisconsin became the
42nd state to enact the UPIA, making life much easier for personal
representatives, trustees & beneficiaries alike. The bill has
already been signed into law as Wisconsin Act 10.
The Section was instrumental in amending Wisconsin's probate code,
supporting the passage of AB 1038, the Probate Trailer
Bill. During the 1997-98 session, the Legislature overwhelmingly
approved Assembly Bill 645 (1997 Act 188), which substantially modified
Wisconsin probate law. The Code needed further modification and the
RPPT section worked with probate registers, law schools,
representatives of affected interests (such as the Wisconsin Bankers
Association & the Department of Employee Trust Funds) to help craft
this "trailer bill". This bill passed both houses and is waiting to be
signed into law by Governor Doyle.
The Individual Rights and Responsibilities Section and the Public
Interest Law Section lobbied against SJR 53, the Gay Marriage Ban,
which passed both houses on second consideration this year. It is
expected that the proposed constitutional amendment will be put to the
voters on the November ballot. Both sections anticipate launching a
public education campaign to help Wisconsin citizens understand the
effects of the proposal. Both the IRR and PIL sections and the Elder Law
section lobbied against the so-called health provider conscience clause
bills, AB 207 and SB 155. AB
207 was vetoed by Governor Doyle.
The State Bar was active on many other important legislative issues
this year, including the proposed caps on non-economic damages in
medical malpractice cases, guardianship reform and self-help
repossession.
10 years of hard work by the Elder Law Section resulted in
SB 391, the Guardianship Reform bill. The section
successfully pushed this bill through the Senate, and an Assembly vote
is expected in April.
The Section has also been championing a the results of a Legislative
Council study committee, AB 539 and AB
785, which revises Chapter 55 of the State statutes
related to the protective services system.
The Construction Law Section was successful in gaining final passage
of SB 450 related to modifications in the state's lien
law. The bill waits consideration by the Governor.
The State Bar opposed both attempts by the legislature to place caps
on non-economic damage awards in medical malpractice cases. The first
attempt, vetoed by Governor Doyle, would have placed a $450,000 limit
on damages for adult and $550,000 for children, while the second
attempt proposes a $750,000 cap. The bill passed both houses with a
veto-proof majority. So, it is unclear how the Governor will act on
this second proposal.
Finally, the Association was active on two bills that sought to
allow self-help repossession Wisconsin, a move that would deprive
Wisconsin citizens of access to justice. AB 594 and
SB 268 (the so-called "rent-to-own" legislation) have
both passed through the legislature and await action by the Governor.
Governor Doyle led the charge against the rent-to-own industry when he
was attorney general, but recent reports portray him as being more
agreeable to the current incarnation of proposed regulations in
SB 268.
While the final floor session was anticipated to have been March
9th, the legislators were not able to take action on all of the
necessary bills in that time. It is expected that they will come back
in to session during the last week of April and the first week of
May.
As you can see, the State Bar of Wisconsin and its lobbying sections
work to improve the working lives of lawyers and those of Wisconsin
citizens on vast range of issues before the State Legislature. The hard
work of the Government Relations team and of active State Bar members
keeps our Association relevant in state politics.
New Public Affairs Director Takes the
Helm
Lisa Roys is a State Bar Member with experience in politics and
communications.
Lisa Roys recently accepted the position of State Bar Public Affairs
director. Roys will advise State Bar members on government relations
strategies and tactics; assist sections, committees, and the Board of
Governors in developing legislation; and represent the State Bar and
its sections before the U.S. Congress and Wisconsin State Legislature.
Roys also serves as the chief liaison to the media, State Bar members,
the public, and other associations.
Roys, who joined the State Bar staff in May 2005 as a government
relations coordinator, brings more than 18 years of experience working
for the states of Wisconsin and Michigan. Before joining the State Bar,
she served as a registered lobbyist for Ruder Ware in Wausau
advocating client issues before legislators and regulators. Roys also
has served as the Wisconsin Department of Financial Institutions policy
director and operations/communications director. She served in a staff
capacity with the Michigan Senate Majority Policy Office and the
Wisconsin State Senate and Assembly. Roys began her career as a radio
news anchor in Wisconsin and in her native Iowa. She received her J.D.
from Thomas M. Cooley Law School in Lansing, Mich., in 1998 and is
licensed to practice in Wisconsin.
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