S774
When employees are removed from group coverage they would then be forced to look at individual plans, including the state HIRSP program, for their insurance needs.
Individual plans are often less affordable than group coverage and many may be unable to afford these individual plans. The likely result would be an increase in the number of uninsured individuals in the state.
While the bill was advertised as a way to decrease costs and improve access, it probably would have the opposite effect and result in higher costs and fewer insured individuals and families. Because I want to ensure that access to coverage is as broad as possible and that the consumer protections of small group insurance laws are available to as many people as possible, I am vetoing this bill.
Sincerely,
JIM DOYLE
Governor
State of Wisconsin
Office of the Governor
April 14, 2006
The Honorable, The Senate:
I am vetoing SB 447. This bill substantially heightens the standard for when punitive damages may be awarded. Specifically, the bill provides that punitive damages may only be awarded when a defendant either acted with the "intent to cause injury to a particular person or persons" or where the defendant knew that his or her conduct "was practically certain to result in injury to one or more persons."
Punitive damages should be rarely granted; however, this bill would make it virtually impossible to ever obtain such damages. Appropriately applied, punitive damages can lead to important safety changes. From asbestos products to highly flammable children's pajamas, punitive damages have protected the public by prompting unsafe products to be taken off the market. Manufacturers of these products were often aware of the hazard, but failed to disclose it to the public. Under this bill, many of these reasonable punitive damages awards would have been unavailable, putting Wisconsin citizens at risk.
Moreover, current law already provides a check to excessive punitive damage awards. If a jury returns a damage amount that is unreasonable, a defendant may challenge the validity of the amount and a judge may reduce it appropriately. In fact, the vast majority of punitive damage awards are not the $100 million payout heard about in the news. The U.S. Department of Justice Bureau of Justice Statistics recently found that the median punitive damage award to plaintiffs determined by a jury was $50,000, while the median award determined by a bench trial was $46,000.
It is important to balance the rights of citizens against the protections for businesses. However, this bill goes too far to protect businesses at the expense of the citizens of Wisconsin. Their rights also need to be protected, and that is why I am vetoing this bill.
Sincerely,
JIM DOYLE
Governor
State of Wisconsin
Office of the Governor
April 14, 2006
The Honorable, The Senate:
I am vetoing Senate Bill 501, relating to reimbursement of certain attorney's fees and other litigation costs.
I am vetoing SB 501 because it removes the discretion of judges when dealing with frivolous claims and adds confusion to the existing rules. Current law already authorizes courts to impose sanctions, including the award of expenses and attorney fees, against litigants who bring frivolous lawsuits. The existing rules, passed just last year, are the product of a two-year long, Wisconsin Supreme Court rule-making process and are structured to provide Wisconsin courts with a variety of tools to best deal with and deter frivolous filings. These rules are supported by those representing both sides of the table – both plaintiff and business interests – and I believe they give judges what is necessary to punish and help reduce the filing of frivolous lawsuits in Wisconsin.
I agree that frivolous lawsuits are a concern, but we shouldn't be passing laws that strip elected judges of the tools that both the plaintiff and defense bar agree judges need, and force their hand to treat every frivolous claim exactly the same. SB 501 would do just that, and I cannot sign it into law.
Sincerely,
JIM DOYLE
Governor
State of Wisconsin
Office of the Governor
April 14, 2006
The Honorable, The Senate:
I am vetoing Senate Bill 617 which seriously inhibits the ability of the Office of the Commissioner of Insurance (OCI) to regulate preferred provider plans (PPP).
OCI has been working with the industry to negotiate a number of regulations that would protect consumers with respect to access to providers, cost-sharing and consumer notification. These administrative rule changes were nearly all approved by the Joint Committee on Administrative Rules, and OCI staff are working on compromises on the remaining few issues. This bill negates all of this effort and allows PPPs to severely limit access to providers, increase charges to consumers without notification to them, and drastically limit services provided by out-of-network providers, again without notification to consumers.
Sincerely,
JIM DOYLE
Governor
__________________
The Chief Clerk makes the following entries dated Monday
, April 17
, 2006.
__________________
Read first time and referred:
Senate Bill 692
Relating to: crime victim and witness assistance surcharges imposed on persons committing civil offenses and making an appropriation.
By
Senator
Risser
; cosponsored by Representative Seidel
, by request of Attorney General Peggy A. Lautenschlager.
To committee on Judiciary, Corrections and Privacy.
__________________
S775
State of Wisconsin
Office of the Governor
April
17
, 2006
To the Honorable, the Senate:
The following bill(s), originating in the Senate, have been approved, signed and deposited in the office of the Secretary of State:
Bill Number Act Number
Date Approved
Senate Bill 161 Act
325
April 14
, 2006
Senate Bill 329 Act
326
April 14
, 2006
Senate Bill 596 Act
328
April 14
, 2006
Senate Bill 592 Act
332
April 14
, 2006
Senate Bill 591 Act
334
April 14
, 2006
Senate Bill 352 Act
335
April 14
, 2006
Senate Bill 375 Act
336
April 14
, 2006
Sincerely,
JIM DOYLE
Governor
State of Wisconsin
Office of the Secretary of State
To the Honorable, the Senate:
Bill Number Act Number
Publication Date
Senate Bill 414 Act
320
April 25
, 2006
Senate Bill 386 Act
322
April 25
, 2006
Senate Bill 453 Act
323
April 25
, 2006
Sincerely,
DOUGLAS LA FOLLETTE
Secretary of State
__________________
State of Wisconsin
Office of the Governor
April 13, 2006
The Honorable, The Senate:
I am pleased to nominate and with the advice and consent of the Senate, do appoint Abele
, Chris,
of Milwaukee, as a member of the Board of Trustees of the Medical College of Wisconsin to serve for the term ending May 1, 2012.
Sincerely,
JIM DOYLE
Governor
Read and referred to committee on Higher Education and Tourism.
State of Wisconsin
Office of the Governor
April 17, 2006
The Honorable, The Senate:
I am pleased to nominate and with the advice and consent of the Senate, do appoint Shields, Thomas,
of Oshkosh, as a member of the Board of Regents of the University of Wisconsin System to serve for the term ending May 1, 2008.
Sincerely,
JIM DOYLE
Governor
Read and referred to committee on Higher Education and Tourism.
__________________
The committee on Natural Resources and Transportation reports and recommends:
Relating to changes to chs.
NR 405 and
408 for.
No action taken.