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Rotunda Report
  • Rotunda Report
    February 26, 2024

    March Madness: Legislature Enters Final Quarter

    The legislature is preparing to wrap up its work and send bills to the Governor. This article gives an update on several bills of interest to the State Bar and its practice sections.

    Devin Martin

    Capitol in early springFeb. 26, 2024 – The Legislature has been working at a rapid clip since the beginning of the year. The past few weeks have been especially busy, as lawmakers attempt to move hundreds of bills through the legislative process to wrap up their work before the 2024 campaign season begins. This Rotunda Report will give a brief update on the status of bills that the State Bar and its practice sections are following.

    The State Bar of Wisconsin strongly supports a package of judicial security bills that were recently introduced. Those bills passed the Assembly Feb. 15, and have been referred to the Senate Committee on Judiciary and Public Safety. They include Assembly Bill 965, which prohibits picketing or parading at the residence of a judge; Assembly Bill 966, regarding privacy protections for judicial officers; and Assembly Bill 967, regarding withholding judicial security profiles from public access. The State Bar will continue to communicate the importance of protecting judicial officers and looks forward to the support state senators and the Governor to enact these bills into law.

    Devin Martin Devin Martin, is the grassroots outreach coordinator with the State Bar of Wisconsin. He can be reached by email, or by phone at (608) 250-6145.

    The following are bills that are either supported, opposed, or are being monitored by practice sections of the State Bar:

    Business Law

    • Senate Bill 450 – adopting modifications to, and renaming, the Uniform Fraudulent Transfer Act. (Business Law supports). Passed by the Senate and Assembly Jan. 16, the bill awaits action by the Governor.

    Elder Law and Special Needs (ELSN) Section

    • Senate Bill 122 – implementation of 529A ABLE savings account program (ELSN supports). SB 122 passed the Senate and awaits action in the Assembly. Before SB 122 was adopted, Senate Bill 668, a financial modernization bill, adopted Senate Amendment 2, which also allows the implantation of a 529A ABLE savings account program.
    • Senate Bill 628 – Financial exploitation of vulnerable adults. (ELSN supports as amended). On Feb. 20 the Senate adopted Senate Substitute Amendment 1 to SB 628 and the Assembly concurred with that action Feb. 21. The bill now awaits action by the Governor.
    • Assembly Bill 653/Senate Bill 682 – surrogate decision-making (ELSN is monitoring). AB 653 had a public hearing in the Assembly and several amendments and substitute amendments have been offered. The bill currently awaits executive action in the Assembly Committee on Fami​​ly Law.
    • Assembly Bill 1088 – consent to admissions to certain health care facilities by patient representatives (ELSN opposes). The Assembly passed AB 1088 with two additional amendments, Assembly Amendment 2 and Assembly Amendment 3. It now awaits action by the state Senate.

    Real Property, Probate and Trust (RPPT) Law Section

    • Senate Bill 626 – notarial acts performed for remotely located individuals (RPPT supports as amended). SB 626 passed the Senate Jan. 16, and the Assembly Feb. 13. It now awaits action from the Governor.
    • Senate Bill 898 – electronic and remote witnessing and notarization of estate planning documents (RPPT supports). SB 898 passed the Senate Feb. 13 and the Assembly Feb. 20. The bill is awaiting action from the Governor.

    Children and the Law Section

    • Senate Bill 381 – increases accessibility for pre-adoption training (Child Law supports). SB 381 passed the Senate on Jan. 16, and the Assembly on same day. Awaits action from the Governor.
    • Assembly Bill 48 – prohibiting a person under 18 from being charged with prostitution (Child Law supports). A public hearing was held and the bill awaits action in the Assembly Committee on Criminal Justice and Public Safety.

    Civil Rights and Liberties Section

    • Assembly Bill 377 and AB 378 – transgender sports team designations (Civil Rights opposes). AB 377 and 378 passed the Assembly Oct. 12, 2023, and both had public hearings in the Senate Committee on Mental Health, Substance Abuse Prevention, Children and Families. They await executive action from that Senate committee.
    • Senate Bill 517 – “John Doe” criminal complaints (Civil Rights opposes). SB 517 passed the Senate Feb. 13 and the Assembly Feb. 15. It now goes to Gov. Evers for action.

    Family Law Section

    • Assembly Bill 510 – parental rights (Family Law opposes). AB 510 passed the Assembly Jan. 18, and the Senate Feb. 13. It now awaits action by the Governor.

    Multiple Section Positions

    • Assembly Bill 337 – eliminating the 13-week limit on the garnishment of earnings of certain debtors. (Public Interest Law and Bankruptcy, Insolvency, and Creditor’s Rights Law sections are both monitoring). AB 337 passed the Assembly with an amendment Feb. 13. It now heads to the Senate Committee on Labor, Regulatory Reform, Veterans and Military Affairs.
    • Senate Bill 404 – penalties for operating a motor vehicle without a license or after license suspension or revocation and providing a penalty (Criminal Law and Public Interest Law sections oppose). The bill passed the Senate Nov. 18, but there was no action in the Assembly. The bill is now dead this session as the Assembly is adjourned.
    • Senate Bill 667 – domestic asset preservation trusts (RPPT and Family Law opposed). Passed the Senate Feb. 20 with a substitute amendment. The bill passed the Assembly Feb. 22 with an additional amendment that applies to the substitute amendment. The bill now goes back to the Senate for concurrence.

    What You Can Do: State Bar of Wisconsin Advocacy Network

    Advocacy Network

    State Bar members are encouraged to send a message to their lawmakers expressing support on legislative topics which positively affect the legal system using the Advocacy Network. Pre-written email messages are editable to suit your own thoughts and opinions and help to demonstrate the breadth of support for policies that prioritize access to justice. You can also "Choose Your Own" to craft messages to any of your elected officials, from President of the United States down to your local municipal officials.

    Don't forget to subscribe to the Rotunda Report newsletter and follow us on X (formerly Twitter) to stay informed and get involved in the legislative process.


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