Capitol Commentary

The 2005-2006 Legislative Session In Review
James L. Palmer, II
WPPA Assistant Executive Director
& Director of Governmental Affairs

The 2005-2006 legislative session, which ended in May, brought with it many divisive issues. Wisconsin’s elected officials attempted to confront the state’s struggling economy through a variety of initiatives, from spending and taxing limitations to restrictions on public employees’ ability to bargain collectively with their employers. With a Republican-controlled legislature and a Democratic governor, several current and former elected officials mired in an ethics scandal, and contentious debates over issues like the death penalty and allowing the carrying of concealed weapons, there seemed to be few issues upon which agreement could be found.

Despite this difficult legislative environment, the WPPA was able to improve its representation of its members before the Wisconsin Legislature. A complete and detailed report of this session’s activity, along with legislative report cards, is currently available on the WPPA website, www.wppa.com.

Here are a few highlights from the 2005-2006 Session.

The Taxpayer Protection Amendment

Efforts in the Legislature to amend Wisconsin’s Constitution to control state government spending died in the Senate on May 4, 2006. On a 20-12 vote, the Senate killed a proposal to amend the State Constitution by limiting state spending to increases in inflation and population growth. Similarly, by a margin of 21-11, the State Senate voted to reject controls on both state and local governments. More than 10 such proposals were formally introduced leading into the last weeks of the legislative session. The WPPA advocated against these measures because of the negative impact they would have had on local services and the employees who provide them.

One proposal provided that local governments could not be forced by an arbitrator to pay salary and benefit packages that exceed a municipality’s spending limits. In addition, employee contributions towards retirement and health insurance would have been excluded from the caps, meaning that government employers would have had a greater incentive to get their employees to contribute more towards their pension and health insurance benefits. If the Legislature had approved this proposal, the ever-increasing costs associated with health care would have made it extraordinarily difficult for public employees to get any increases in their wages.

New UW & Technical College Fee Remissions

On April 11, 2006, Governor Jim Doyle signed Senate Bill 414 to expand fee remissions at the University of Wisconsin and Wisconsin Technical College systems for the spouses and children of law enforcement officers and certain other public safety employees who sustain injuries on the job that eventually lead to their death. Under the previous law, such public safety employees had to be killed in the line of duty for their children and spouses to qualify for these benefits.

Governor Doyle also signed on April 11 Senate Bill 386 to protect child passenger safety technicians and organizations that provide child passenger safety programs from civil liability lawsuits, allowing them to perform their services with less apprehension of being sued for their actions.

Sex Offender and Drug Enforcement Legislation

On April 6, 2006, Governor Doyle signed several public safety bills into law. Among the WPPA-backed initiatives was Assembly Bill 708, which increased the maximum prison sentence for repeat sex offenders to life imprisonment without parole. Also signed into law was Assembly Bill 291, which allows a property owner to evict a tenant if a law enforcement agency notifies the owner that a rental unit is being used for drug and gang-related activities. AB 291 also expanded the types of law enforcement agencies that may notify a property owner, and provides immunity to those additional entities, as well as to their officers and employees.

New Law Allows Local Agencies to Retain Drug Money

On January 4, 2006, Governor Jim Doyle signed a bill allowing local law enforcement agencies to retain money they seize in drug cases. Under the statutes prior to the enactment of this new law, any money seized in a drug case had to be deposited in the school fund. Under Act 91, a law enforcement agency that seizes money in a drug case may retain 70 percent of any amount that does not exceed $2,000 and 50 percent of any amount in excess of $2,000. This money can then be utilized to cover the costs of investigation and prosecution, as well as other costs relating to a forfeiture proceeding and sale. The WPPA had supported this legislation since it was introduced in 2005 as Assembly Bill 40 by State Representative Garey Bies (R-Sister Bay), and State Senator Alan Lasee (R-De Pere).

The WPPA's Inquest Bill Becomes Law

On Wednesday, December 21, 2005, Governor Jim Doyle formally signed the WPPA's inquest bill into law. Act 73 requires public employers to reimburse law enforcement officers and other public safety employees for reasonable attorneys fees when they are exonerated by inquests into their on-duty conduct. Introduced by State Senator Ted Kanavas (R-Brookfield) and State Representative Brett Davis (R-Oregon), this new law protects public safety employees from having to second-guess their actions out of fear that a potential inquest could lead to financial ruin. The WPPA had sought this bill for many years, and the fact that it is now the law is an outstanding achievement.

The WPPA was the only group pushing for this tremendously important legislation. We alone presented this issue to the Legislature, worked with the drafters on the language, testified on behalf of the bill at each and every committee hearing, and lobbied legislators individually, as well as collectively, to secure its passage.

Conclusion

Over the course of the last two years, the WPPA has taken some significant steps in improving our ability to represent our members in governmental affairs. In May of 2004, the WPPA Board of Directors established a governmental affairs platform. By establishing a clearly-identifiable listing of our legislative priorities, we were able to more effectively inform WPPA members, potential members, the general public, and state lawmakers of our objectives. In December of 2004, the Board adopted a very detailed legislative report card, so that this organization can more easily identify those elected officials who support the collective interests of the membership. In May of 2005, the Board, as well as the membership present at the 2005 state convention, unanimously approved the creation of a WPPA Political Action Committee dues assessment. By enhancing the resources available to support those candidates who support our members’ interests, we can continue to make progress in advancing our legislative agenda.

Combined with the countless other internal policy and procedural changes to the WPPA’s governmental affairs program, these new tools are beginning to bear fruit. This last legislative session demonstrated the WPPA’s improved ability to represent the membership in matters before the Wisconsin Legislature. State lawmakers appreciate that WPPA members are more informed, more involved, and more attentive to politics and government than ever before. In the years ahead, it will be important that we continue to build from the solid foundation that we have established. As the WPPA’s voice in shaping public policy grows, so does our ability to make a difference for the benefit of the members.

In closing, please take a moment and complete the brief postage-paid survey card included in this issue of the magazine and tell us who you would like to be Wisconsin’s attorney general and governor. The WPPA PAC will include the returned surveys in its evaluation of the candidates running in this fall’s upcoming elections. The WPPA values your input, and we hope you will take advantage of this opportunity to share your views with us. Please return the surveys by August 9 to ensure their consideration by the PAC.

James Madison once wrote that “a people who mean to be their own governors must arm themselves with the power that knowledge gives.” As summer fades and the fall elections approach, stay safe, stay informed, and stay in touch.