Respectfully submitted,
Jim Doyle
Governor
__________________
April 14, 2006
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 1072. This bill would allow courts in medical malpractice cases to reduce the amount of damages awarded to an injured claimant, by the amount an injured claimant receives from other "collateral sources" in compensation for injuries sustained as a result of medical malpractice.
I am vetoing Assembly Bill 1072 for the same reasons that I vetoed the virtually identical AB 764 in December of 2005. Like AB 764, this bill is fundamentally unfair. Injured claimants should not be penalized for having obtained health care coverage. Similarly, as I have said before, those responsible for medical malpractice should not be relieved of their obligation to pay for damages simply because certain patients had the foresight to obtain health care benefits. Our laws governing medical malpractice should be structured to deter, not relieve, wrongful and harmful conduct. Quite simply, this bill has the potential to put patients at risk.
A1017
Moreover, Assembly Bill 1072 solves nothing. Injured claimants very rarely benefit from "double payments." The fact is, most health insurers require claimants to repay benefits they receive from their insurer when they also receive a medical malpractice damages award. This legislation is unnecessary and unfair, and I cannot sign it.
Respectfully submitted,
Jim Doyle
Governor
__________________
April 14, 2006
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 1074. This bill would reduce the caps on attorney fees and prohibit the recovery of support staff and overhead costs in medical malpractice cases handled on a contingency fee basis.
I am vetoing this bill because it is unnecessary and it would limit access to the civil justice system for low-income and middle-income plaintiffs. Current law already caps contingency fees at one-third of the first $1,000,000 recovered and 20% in excess of that amount. This bill substantially reduces the existing caps and would seriously undermine the existing contingency fee system in Wisconsin. While not perfect, contingency fee arrangements are often useful in helping to provide access to the legal system for injured consumers and patients.
Just because a low-income or middle-income person doesn't have thousands of dollars to put a lawyer on retainer doesn't mean they shouldn't have access to our system of justice. Unfortunately, this bill is a step toward reserving the justice system for the privileged, a step I cannot support.
Respectfully submitted,
Jim Doyle
Governor
__________________
Communications
State of Wisconsin
Office of the Secretary of State
Madison
To Whom It May Concern:
Acts, Joint Resolutions and Resolutions deposited in this office have been numbered and published as follows:
Bill Number Act Number Publication Date
Assembly Bill 378324April 28, 2006
Assembly Bill 718327April 28, 2006
Assembly Bill 851329April 28, 2006
Assembly Bill 973330April 28, 2006
Assembly Bill 1008331April 28, 2006
Assembly Bill 64333April 28, 2006
Assembly Bill 615337April 28, 2006
Assembly Bill 755338April 28, 2006
Assembly Bill 230339April 28, 2006
Assembly Bill 122340April 28, 2006
Assembly Bill 309341April 28, 2006
Assembly Bill 526342April 28, 2006
Assembly Bill 688343April 28, 2006
Assembly Bill 443344April 28, 2006
Assembly Bill 864345April 28, 2006
Assembly Bill 114346April 28, 2006
Assembly Bill 449347April 28, 2006
Sincerely,
Douglas La Follette
Secretary of State
__________________
Referral of Agency Reports
State of Wisconsin
Department of Administration
Madison
April 14, 2006
To the Honorable, the Legislature:
As required by s.
14.065, and on behalf of the Governor, I am transmitting a recommended Stripper XXI Oil Overcharge Plan, and requesting the Joint Committee on Finance consider this plan at their next s.
13.10, Wis. Stats., meeting.
This plan allocates $862,299.80 of oil overcharge monies ($152,899.22 of new Stripper monies plus all accrued and future accruing interest, $40,099 of direct state restitution monies, $434,679.24 reprogrammed Stripper monies, and $234,622.34 of reprogrammed Exxon monies). The Plan is designed to reduce the State's dependence on petroleum based motor fuels and increase the use of renewable energy.
I appreciate your support in helping Wisconsin increase its energy efficiency and increase its use of renewable energies. If you have any questions or need additional details regarding the proposed program modification, please contact Kimberly R. Walker, Administrator for the Division of Energy, at 261-6357.
Sincerely,
Stephen E. Bablitch
Secretary
Referred to committee on Energy and Utilities.
