June/July
2006
Legislative Session Wrap-Up
The 2005-07 legislative session has come to a close, meaning
state senators from odd-numbered districts and all members of the
State Assembly have shifted their focus to the upcoming campaign season.
All bills and resolutions that did not pass both houses of the Legislature
die with the conclusion of the regular legislative session, and no
new bills can be introduced until the Legislature reconvenes in January
2007.
TPA/TABOR
As legislators wrapped up their work, one of the most significant
results was that no version of a constitutional amendment limiting
revenues passed both houses. WCCF joined with more than 100 organizations
and 300 local government officials in objecting to the so-called Taxpayer
Protection Act (TPA), which was a retread of the Taxpayer Bill of
Rights (TABOR) proposal from the previous session. Both proposals
would have inevitably led to reductions in critical services utilized
by children and families, and that message was conveyed loud and strong,
with opponents of TPA/TABOR outnumbering proponents by six to one
at public hearings leading up to the vote on the multiple versions
of TPA/TABOR. The authors of TPA/TABOR contended that it would give
citizens more of a say over how their tax dollars are spent. In the
end, the people spoke and told their state legislators to keep fiscal
policy out of the constitution and do the job for which they were
elected.
FAMILY PLANNING WAIVER
Responding to the compelling testimony offered by many individuals
and groups, including WCCF, the State Legislature successfully thwarted
efforts to amend Wisconsin's Family Planning Waiver Program to eliminate
availability of services to young women ages 15 to 17. Currently the
Family Planning Waiver ensures the availability of routine preventive
care, birth control, STD screening and other primary care services
to teens that choose to be sexually active. One of the significant
objectives of the waiver was to reduce the rate of untended births
among low-income Wisconsin females, including teenagers. Data from
the Wisconsin Bureau of Health Information and Policy show that births
to teens declined from 2003 to 2004 while the national percentage
of births to teen mothers remained constant. According to the Department
of Health and Family Services (DHFS), in the first year of implementation,
the net savings in Medicaid spending resulting from the Family Planning
Waiver program was approximately $3.3 million. DHFS estimates that
in 2006, the program will draw $10.1 million federal dollars into
the state, and in 2007 the federal draw will increase to $11.7 million.
Beyond the medical costs associated with teenage pregnancy, there
are other societal costs. Research has shown that when teenagers give
birth, they are less likely to complete high school, which in turn
makes it more likely that they will live in poverty. Further, children
who are born to younger teen mothers may also experience poorer health,
lower educational attainment, and higher rates of adolescent childbearing
themselves. Access to family planning services helps teens make better
choices for their own reproductive health.
DOCUMENTATION AND ACCESS TO BENEFITS
As the legislature completed its work, the Governor was also busy
signing and, in other cases, vetoing bills that made it to his desk
for consideration. In notable action, Governor Doyle vetoed Senate
Bill 567, a bill designed to prevent noncitizens who do not have proper
immigration status from participating in a broad range of public benefit
programs. In his veto message, the Governor agreed with the Council
and other concerned organizations that this legislation duplicated
federal requirements, which take effect July 1, 2006, requiring that
applicants for Medicaid programs provide documentation of both citizenship
and identity. Of greater concern were the unintended consequences
of denying needed benefits to thousands of eligible families and individuals
who cannot produce documentation of their citizenship. This could
be particularly problematic for the frail elderly, people who are
mentally ill, and those with other disabilities. A recent survey conducted
for the Center on Budget Policy and Priorities found that nearly 10
percent of low-income adults do not have passports and cannot access
their birth certificate. While proponents of this legislation argued
that Wisconsin's eligibility regulations are too lax, there has been
no evidence offered to suggest that people who are non-citizens are
illegally utilizing public benefit programs. On the contrary, a state
audit of eligibility determinations for the Medical Assistance program
found no cases of fraud by participants.
CONCEALED CARRY
Senate Bill 403, a proposal to end Wisconsin's 133-year-old ban on
the carrying of concealed weapons, was vetoed by the Governor, and
the legislative attempt to override the veto failed. With most firearm
accidents occurring when children and teens discover firearms at home,
the Council argued that eliminating the state's ban on carrying concealed
weapons has serious consequences for child safety. Allowing people
to carry concealed weapons will prompt more people to carry guns,
and consequently will put our children at greater risk for injury
and death from the increase in readily accessible firearms.
Numerous polls have demonstrated that Wisconsin citizens
do not support conceal and carry legislation. Newspapers across the
state have editorialized against this measure, and for good reason.
Crime rates in Wisconsin are among the lowest in the nation. According
to the FBI Uniform Crime Report 2004, Wisconsin has the sixth lowest
rate of violent crime in the United States. Compare this to Florida,
which has the second highest rate of violent crime and allows citizens
to carry concealed weapons. No truly compelling arguments were given
to change Wisconsin's 133-year-old law, and there was no overwhelming
groundswell of support for such a change.
RENT-TO-OWN DEREGULATION
In March the Governor also vetoed Senate Bill 268, which would have
granted the rent-to-own industry protection from state consumer laws
and eroded the current rights afforded to their predominantly low-income
customers. SB 268 would have excluded the rent-to-own industry from
provisions of the Wisconsin Consumer Act by not requiring disclosure
of interest rates and allowing for self-help repossession. Rent-to-own
stores are attractive come-ons for low-income individuals and families
who can't accumulate enough savings to pay cash for big-ticket items
and who lack access to credit, or have flawed credit histories that
may rule them out as candidates for other installment contracts. However,
as reported by the National Consumer Law Center, these consumers will
often pay at least three to four times more for an item than it would
cost to pay cash for the item or finance the purchase at the highest
interest rate typically charged in installment sales. Annual interest
rates charged nationally by the rent-to-own industry can range from
100% to 400%. Fortunately, under current law in Wisconsin the rent-to-own
industry cannot as easily exploit lower-income residents.
CHILD SAFETY
The Governor took action to protect children by signing The Prevent
Violence Against Children Act into law. The Act focuses on the prevention
of Shaken and Impacted Baby Syndrome through education. Research demonstrates
that Shaken Baby Syndrome is preventable when comprehensive education
is provided to parents and caregivers. The new law requires that education
and training on Shaken Baby Syndrome be provided in schools, day care
facilities and hospitals throughout the state. This critical information
ensures that new parents, child care providers and teen caregivers
truly understand the dangers of shaking an infant; develop positive
coping skills for when they are angry, exhausted or feeling impatient;
and know where to turn for support.
Another important child safety initiative went into effect
on June 1st: the Wisconsin Child Passenger Safety law. Mounting evidence
clearly demonstrates that children ages 4 to 8 are often not adequately
protected when restrained by a regular seat belt alone. Instead of
protecting children, seat belts designed for adults can actually cause
serious injury or death. Children not yet big enough to fit safely
in a car's seat belts can suffer injury to the liver, spleen, intestines
and spinal cord. They may also be at greater risk of head injury.
This new law requires that children be in a car seat until
they reach age 4 and in a booster seat until age 8. Under the new
law, children less than 1 year old or under 20 lbs. must be in a rear-facing
child seat in the back seat (if so equipped) of the car. Children
age 1 to age 4, or less than 40 lbs., must be in a forward-facing
child seat in the back seat (if so equipped), and children age 4 to
age 8, between 40-80 lbs., and no more than 4 ft. 9 ins. must be in
a booster seat. The new law also calls for warnings to be issued for
first offenses until the end of the year, unless the driver has had
repeat offenses during that period. Tickets may be issued to all violators
after the first year. In addition to saving lives, this law makes
the state eligible for federal funding to educate Wisconsin families
on the need for booster seats, as well as funding to assist low-income
families in purchasing booster seats. Wisconsin would be eligible
to receive up to $2.5 million under the federal SAFETEA-LU program
over the next four years.
