Ethics Bill passes Legislature

The Wisconsin Legislature today overwhelmingly passed the ethics reform bill that was the subject of a special legislative session.

The Assembly approved the measure by a vote of 97-2 (no votes from BOYLE (D) and SCHNEIDER (D)). The Senate unanimously passed the legislation without amendment

The Legislature's Joint Finance Committee unanimously approved the bill this morning.

Governor Doyle will sign the bill in the coming days.

No comments have been issued from Winnebago area assembly reps, but they all voted for the measure.

This was a good vote for all of them, and likely a rarity of agreement between them.

Click here for the Bill and a summary - note that there may have been several changes and amendments.

Also, see the Wisconsin Democracy Campaign for a statement on the Bill.

Owens Proposes Cell-Phone Use Fine

Lawmaker's Bill Imposes Fine for Dialing and Driving -- and Crashing
By Isabelle Kallie

A local lawmaker is proposing a bill this week calling for a $100 fine if you end up in a traffic accident while using your cell phone. Oshkosh Representative Carol Owens says there needs to be more accountability for drivers who aren't paying attention while they talk.

Owens says drivers think, "'It's not going to happen to me. I can talk on the phone and drive and do whatever.'" "There are other distractions besides the phone, granted, but it seems that the phone has become so prevalent," Owens says.

We wanted to know how much of a role cell phones play in crashes but officers couldn't give us an answer, and they say enforcing this proposed law would be difficult. Police say right now the only way they can cite a driver distracted by a cell phone during an accident is to ticket them for inattentive driving. A typical accident report gives no room to note whether a driver using a cell phone contributed to the crash.

Tracking the information on the report form by adding another box will provide some data that will help us make decisions on in the future. I don't think anything bad could come from tracking that information," Captain Mike Jobe, Outagamie County Sheriff's Department, said.

Police say if they can track the drivers using a cell phone during an accident, it'll bring to light how imperative it is to not take any calls when driving. Law enforcers note that cell phone use isn't the only cause of inattentive driving. They also cite:
Changing the radio or CD player
Talking with other passengers
Adjusting the climate controls
Eating, drinking, or smoking

Still, officers say the motivation behind the proposal is a good one. "I think anything that draws attention to the number of accidents that occur because people aren't paying attention will eventually led to fewer accidents, and there's nothing bad about that at all," Jobe says.

Jan 18, 2007 05:10 PM CST - WBAY-TV


The Journal Sentinal commented on the futility of a similar proposal in '03:

"People yakety-yak-yak on cell phones all the time, and once in a while someone yaks right through a stop sign or a red light. Surely, a cell phone ban will be worth it if we can save just one life.But why stop at one?Thirty percent of drivers in one recent study talked on cell phones. But 71% ate, drank or spilled food and beverages. A full 86% experienced some sort of "external distraction."

I hereby propose a ban on tube tops.

And one other thing. The new study by the AAA Foundation for Traffic Safety and the University of North Carolina proves that the distraction of talking on a cell phone is nothing compared to the distraction of kids.Kids - let's face it - are frighteningly dangerous.Babies alone distract your average parent-cum-driver 8.4 times per hour, according to the new study."
http://winassem.blogspot.com/2006/12/carol-owens-and-cell-phones.html


Here is another related topic to Owens and Cell Phones:


One funny thing that did occur, however, was when I stood up to ask which anonymous Republican member of the assembly objected to funding for a position in the Dane County District Attorney’s office. While I was speaking, my cell phone went off. Dumb.

But State Rep. Carol Owens, one of the more conservative members of the GOP caucus, saw it as an opportunity to bash me. Carol, ah, doesn’t apparently like “gay” people. And to her, I’m one big homo. Carol won’t even ride the elevator with me. Too bad for Carol.

But she demanded an apology for the ringing of the cell phone, and asked that it be taken away from me while I’m on the floor. As she ranted and raved, I went to her desk and gave her my cell phone. Problem solved? Nope, instead she asked the Sergeants’ office staff to come and get the “gadget” from her desk. Gadget. You know you’re out of touch with your constituents and for that matter the 21st century, when a cell phone is a “gadget”. I have to wonder what she calls her computer.

Addendum: A few hours later GOP Rep. Phil Montgomery's cell phone went off on the Assembly floor. Owens was silent on the ringing of the gadget. At the very end of session, so did Democratic Rep. Jim Kreuser. Again, nothing from Owens.
http://markpocan.blogspot.com/2006/05/assembly-in-session-today-to-create.html

Owens - Cell phones and driving

According to the Milwaukee JS, Rep. Carol Owens (R-Oshkosh) will introduce a bill that would create penalties for cell phone use that contributes to accidents.

This comes along with several ideas being discussed including prohibiting young drivers from using the cell phone while driving and restricting use altogether.

Read the story here

AJR 1 (Owens Sponsor)

The proposed constitutional amendment prohibits the governor, in exercising his or her partial veto authority on appropriation bills, from creating new sentences by combining parts of two or more sentences of the enrolled bill.

See resolution here

AB 18 (Owens Sponsor)

This bill exempts from taxation certain amounts of payments or distributions received each year by an individual from a qualified retirement plan under the Internal Revenue Code, if such payments are not already exempt from taxation. The bill first applies to taxable year 2007, and the maximum allowable exemption is $2,500. The exemption amount increases each year from $2,500 to $5,000 in 2008, $10,000 in 2009, $15,000 in 2010, and $20,000 in 2011 and thereafter.

See the bill here

Assembly Bill 5

This bill creates the option to add cell phone numbers to the no call list. The bill also extends the length of time for which a residential customer's notice remains effective. Finally, the bill prohibits a telephone solicitor or an employee or contractor of a telephone solicitor from threatening violence or harassment against the recipient of a telephone solicitation, against a member of the recipient's household, or against the recipient's property.

Read bill here

Analysis -- I possess limited knowledge of the existing no-call list. This bill appears to be an improvement, as it seems inappropriate that a solicitor is able to call a cell phone potentially at the expense of the cell phone owner. In addition, if there is justification for a no call list for land line and business telephone numbers, than it would seem justifiable to have a similar restriction for cell phones.

Regarding the length of time -- this seems like a sensible way to eliminate excess paperwork and attention from both residents and the Department of Agriculture, Trade and Consumer Protection.

Regarding the addition of penalties for inappropriate phone etiquette, i would be surprised if there already was not an existing restriction. That being so, it would seem to be difficult to prove that such etiquette was happening unless recorded conversations were prevalent.

Assembly Bill 4

This bill creates a maximum finance charge for payday loans. Under the bill, a lender, other than a bank, savings bank, savings and loan association, or credit union, who makes payday loans in the regular course of business, which the bill defines as a "payday loan provider," may not assess a finance charge that exceeds 2 percent per month. In addition, a payday loan provider must obtain the license described above. Also, the bill requires the division to enforce the bill's prohibition.

See the bill here

Analysis -- This bill should have a slightly positive effect, regulating an industry that generally pries on the mismanagement of limited resources by many low-income families. It is not unfair, in that the bill simply requires that the payday loan agencies follow the same regulations that other loan agencies must follow.

Special Legislative Session on Ethics Reform

The Wisconsin Legislature will hold a special session on January 11, 2007 at 10:00 a.m. to take action on major, bipartisan ethics reform. The sweeping measure will create an independent, non-partisan Government Accountability Board with funding and independent authority to investigate and seek prosecution. The Legislature will proceed with public hearings and final passage of the bill is expected in the coming weeks.

"One of my first orders of business after the election was to work with Democrats and Republicans to reach an agreement on far-reaching ethics reform," Governor Doyle said. "Now I'm calling a Special Session of the Legislature to move forward on this bipartisan package, which will put real teeth behind our laws, and reaffirm public confidence in government."
Under this:

Ø The State Elections Board and the State Ethics Board will be merged to create an independent non-partisan Government Accountability Board, free from political appointees. Instead of the members being selected by politicians and political parties, a panel of Court of Appeals judges will select a pool of retired judges. The Governor will make appointments from that list and be confirmed by the Legislature.

Ø The Board will be given the necessary resources to conduct any investigations it authorizes. The board will not need approval from the Legislature or the Governor to proceed with any investigation it authorizes.

Ø The Board will have the authority to investigate criminal and civil matters. The board will be able to prosecute a civil matter itself while criminal matters it investigates can be referred for prosecution.

Ø The Board will be empowered to review existing Ethics and Election Board rulings and opinions in order to provide clear, consistent guidelines. The Board's mandate will be to ensure the effectiveness and independence of our ethics rules and election practices.

Ø The Board will oversee both a Division of Ethics and Integrity and a Division of Elections, with campaign finance matters now being handled by the Division of Ethics and Integrity. The staff of the Division of Elections will now be able to focus exclusively on managing, monitoring and administering elections, while campaign finance and ethics matters will be handled together. Right now, campaign finance issues are handled by the State Elections Board while ethics matters are handled by the Ethics Board

See the draft here

From a press release of Governor Doyles on WisPolitics.

Hintz Hires Staff

According to this blog -- Gordon Hintz (54) has hired Bob Meyer onto his staff. Bob is the former SW/So Central Wisconsin Field Organizer for the DNC.

According to the Barron County Democratic Party Website in 2005:

Bob (Meyer) is originally from the Eau Claire area of Wisconsin. He attended University of Wisconsin La Crosse where he was active in his College Democrats chapter. He interned for Congressman Kind in 2000 and 2001 both on the campaign and in his Legislative District office. He then worked as the Field Director on Congressman Kind’s 2002 re-election campaign. Bob was in charge of all of the field operations for the campaign including organizing the 6 counties that had been added to the Kind district because of redistricting. Bob moved to Madison after the Kind campaign and worked on the Doyle transition team. After that he worked as an Assistant Manager at Consolidated Air Express which is a DHL/Airborne independent contractor. Bob is excited to be getting back into politics and back into some of the counties he organized during the Kind campaign.

Committee Assignments

2007 - 2008 Committee Assignments

Carol Owens (53):

Assembly Standing Committees:
Committee on Aging and Long Term Care
Committee on Children and Family Law (Chair)
Committee on Corrections and Courts
Committee on Criminal Justice

Legislative Council Study Committees:
Special Committee on Review of Crimes Against Children


Gordon Hintz (54):

Assembly Standing Committees:
Committee on Judiciary and Ethics
Committee on Aging and Long Term Care
Committee on Colleges and Universities
Committee on Urban and Local Affairs


Dean Kaufert (55)

Assembly Standing Committees:
Committee on Tourism, Recreation and State Properties (Chair)
Committee on Corrections and Courts
Committee on Financial Institutions

Legislative Council Study Committees:
Special Committee on Municipal Annexation
Special Committee on Review of Crimes Against Children
Special Committee on Uniform Debt Management Services


Roger Roth Jr (56)

Assembly Standing Committees:
Committee on Workforce Development
Committee on Financial Institutions
Committee on Housing
Committee on Jobs and The Economy

Hintz takes seat

Hintz sworn in as new Oshkosh representative. Gordon Hintz is officially Oshkosh’s new state representative. Hintz, a Democrat, was sworn in to office during a nearly two hour ceremony in the state Capitol that began at 2 p.m.

Surrounded by local political supporters and family members, Hintz called the event exciting and said he was honored to be able to represent the city in the state Assembly. “You can’t really prepare yourself for walking into the Capitol and walking into your office. It’s an absolute honor to be here,” Hintz said.

Hintz will gather with supporters later this afternoon in his new office on the fourth floor of the Capitol building. He began moving into the office yesterday. Hintz defeated Republican candidate Julie Pung Leschke in November to become the first Democrat to represent Oshkosh in the state Assembly since 1982 when now-state Sen. Carol Roessler defeated Richard Flintrop. Rep. Gregg Underheim, a Republican who had held the seat since 1987 chose not to run again.Earlier in the day, Gov. Jim Doyle and other state elected officials were sworn into office in a ceremony in the Capitol rotunda.

Doyle, in his inaugural speech, called on Democrats and Republicans to work together to make health care affordable for all people."Too many of our citizens simply cannot afford care," Doyle said at the inaugural ceremony in the Capitol rotunda. "Too many of our families live in fear that one illness could cause them to lose everything they worked so hard for."

Image borrowed from the Oshkosh Northwestern PIC, photo from Northwestern website.

Posted January 3, 2007 on the Northwestern Website