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Welcome to my e-update

Thank you for taking the time to read this week's e-update. I always strive to include information you find interesting and informative as it relates to my work in Madison and the 60th Assembly District.

My most important goal remains serving you, my constituents. Helping you find solutions to difficult problems when it seems like the state is unresponsive is the single greatest reward for my staff and me. I take constituents' input seriously and continually work hard on your behalf.

I always have your thoughts and concerns in mind when deciding whether or not to support legislation. Furthermore, I appreciate when you take time out of your schedules to contact me.

Have a great week,

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This week's survey

The 2019-21 biennial budget (2019 Wisconsin Act 9) included a $4.5 million merit-pay increase for assistant district attorneys and the creation of 35 new assistant district attorney positions. This is the first time the state has created any new full-time assistant district attorney positions since 2007. The 2019-2021 budget established 35 new ADA positions. Governor Evers kept funding in place for these positions but vetoed the legislature's recommendations for their locations. 

Additionally, the budget increased the private bar rate for the Office of the State Public Defender from $40 per hour to $70 per hour. This is the first pay increase for public defenders since 1992. 

I strongly supported both of these provisions and encouraged Governor Evers to consider creating additional full-time assistant district attorney positions in both Washington County and Ozaukee Counties. 

Additional assistant district attorneys will improve victim services, reduce the backlog of cases before our circuit courts, and enhance treatment and diversion options. 

Additionally, increased funding for the Office of the State Public Defender, it is hoped, will encourage more young attorneys and law school graduates to consider public service careers. What is more, pay increases will create greater stability and continuity in the public defender system. According to the Office of the State Public Defender, "Many public defender attorneys have been recruited and several have accepted offers for positions with district attorney offices with the promise of more increases in the next two years."

I am interested in your thoughts regarding the allocation of Assistant District Attorney positions. 

Please, take a minute to answer this week's survey question relating to increased funding for the Office of the State Public Defender and Assistant District Attorney's. 

Click here for my survey

Survey Results

Thank you to everyone who answered the previous survey question regarding terminology for the Christmas tree that stands in the Capitol during this time of year. 

In total, 189 individuals answered last week's survey question, with 38 percent of respondents believing that government has other issues to address and should leave items on display at the Capitol to an individual's interpretation. 

Additionally, 30 percent of respondents agreed that it is a Christmas tree, but legislation designating as such, is unnecessary. 

Lastly, 25 percent argued that yes, the tree on display in the rotunda, should be referred to as a Christmas tree.

Just seven percent selected "other." Responses include:

"Stop wasting time discussing this. Be sensitive to all sides and act in an inclusive manner."

"The entire premise is silly and should not be given any legislative concern."

"It should be a Christmas tree. This has already been decided over the centuries."

"It is a Christmas tree and does not need legislation designating it as such. No harm comes to the people of Wisconsin if someone would like to call it a holiday tree. Harm does come to people when Christians forget that we are celebrating the birth of Christ, not a tree."
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Judiciary Committee

This week, the Assembly Judiciary Committee, of which I am a member, passed legislation relating to the revocation of operating privileges for certain OWI-related offenses (Assembly Bill 222); withholding a Wisconsin Retirement System lump sum payment or annuity to satisfy a restitution order (Assembly Bill 257); and expediting criminal proceedings when a victim or witness is an elder person (Assembly Bill 479). 

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Participating in an Assembly Judiciary Committee Executive Session.

Assembly Bill 222 

Assembly Bill 222 is a technical fix to 2017 Wisconsin Act 172, "The 4 Strikes Bill." Act 172, revoked the license of repeat drunk drivers that receive four OWIs or a combination of OWIs and OWI-related offenses such as homicide by intoxicated use of a vehicle. After 10 years, the individual may apply for reinstatement of his or her driver's license if he or she meets certain criteria and does not commit any traffic violations while on revocation.

This legislation clarifies that the provision would be retroactive, but would apply for subsequent offenses after the 4th offense. Furthermore, Assembly Bill 222 removes confusing language regarding the 15-year lookback period that applies to the offense that would trigger revocation of driving privileges.

 Assembly Bill 257

Assembly Bill 257 came about after the Eau Claire County Treasurer and his deputy were convicted of stealing hundreds of thousands of dollars from county coffers. Since this event occurred, both individuals have been sentenced to prison and began paying back the entire amount.

Currently, state law prohibits restitution payments to come from a convicted person's state pension. Assembly Bill 257 allows a portion of a guilty person's pension to be garnished for restitution. This would only apply to cases of felony misconduct by an elected official who steals from an employer that uses the state pension system. 

Assembly Bill 479

Assembly Bill 479 was recommended by the Attorney General's Task Force on Elder Abuse and would minimize the amount of stress for elder victims and witnesses ages 60 and older who are involved in court proceedings, by allowing for expedited hearings and the ability to preserve testimony through a video-taped court hearing.

Furthermore, this bill would allow a prosecuting attorney to file a motion with a court to preserve the testimony of an elder person involved in criminal and delinquency cases or juvenile dispositional hearings. If a motion is filed, the court must hold a hearing to record testimony within 60 days,  the defendant must be present, and the witness is subject to cross-examination. 

Legislation 

Since my last e-update, Senator Dave Craig and I introduced LRB-2651, legislation clarifying that the practice of using the sale prices of real estate as the sole basis for increasing the assessed value, a process known as "chasing sales," is prohibited.

Wisconsin's constitution requires all property tax assessments to be conducted uniformly. Specifically, Article VII, Section One states, "The rule of taxation shall be uniform..." This language, known as the "uniformity clause," was inserted into the Constitution in the 1800s to prevent state and local lawmakers from giving preferential treatment to some property owners over others. As the Wisconsin Supreme Court has recognized, the purpose of the uniformity clause is "to protect the citizens against unequal, and consequently unjust taxation."

To ensure property assessments are accurate and fair, state law requires municipalities to maintain the assessed value of each major class of property within ten percent of fair market value once every five years. When assessed values fall outside this range, assessors are supposed to perform complete revaluations of the properties, which requires a closer examination of each property to make certain the information is accurate and the value reflects current market conditions.

Although the Wisconsin Department of Revenue prohibits the practice of "chasing sales," assessors regularly increase the assessed value of property based on its recent sale. In a sampling of 24 communities around the state, an analysis by the Milwaukee Journal Sentinel, in 2014, found that at least five percent of the new assessments were identical to a property's sale price to establish the assessed value for 20 percent of the properties that sold in two communities she assessed. 

While the sale of a property is important information to be considered in the assessment, the uniformity clause prohibits the sale from being the sole basis for the assessment. Other factors related to the sale must be considered, including days on the market and sales of other comparable properties in the neighborhood.

To stop assessors from the practice of "chasing sales," Wisconsin should ban it. Similar prohibitions have already been enacted in New Hampshire and Michigan. If nothing is done to prevent this practice from continuing, new homebuyers will continue to be harmed by paying more than their fair share of property taxes.

State of Wisconsin Blue Books 

 My office still has copies of the 2019-2020 State of Wisconsin Blue Book available. If you are interested in obtaining a copy of everyone's favorite almanac of Wisconsin politics, please click the following link. My staff and I will make it a priority to ensure that your copy arrives in a timely fashion.

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60th District Events

The following are events that will be held this week in Wisconsin's 60th Assembly District. If you have any upcoming events you would like included, do not hesitate to contact my office. 

Christmas at the Legion, December 7, Saukville

Husar's Diamond Dash 5K run/walk, December 8, West Bend

Santa's Workshop, December 6-8, Cedarburg

Swimming with Santa, December 6, Port Washington

Luminaries and Trolley Rides, December 6, Cedarburg

Friday Festive Eve Sing-along, December 6, Cedarburg

Polar Express, December 7, Cedarburg

Breakfast with Santa, December 7, Cedarburg

It's A Wonderful Life: A Live Radio Play, December 6-8, Port Washington

Portal Holiday Open House, December 7, Grafton

Port Washington Winter Market, December 7, Port Washington

Family Fun at the Library, December 7, Port Washington

Celebrate and Create, December 7, Port Washington

Rivoli Holiday Film Festival, December 7-8, Cedarburg

Holiday High Tea at the Cedarburg Art Museum, December 6, Cedarburg

St. John's 17th Annual Cookie Walk, December 7, Cedarburg

Free Family Fun Day at the Wisconsin Museum of Quilts and Fiber Arts, December 7, Cedarburg

Christmas on the Corner, December 7, Port Washington

European Christmas Parade and Market, December 7, Belgium

2019 Holiday Christmas Concert with the Ozaukee Chorus, December 7, Grafton

Stay up to date

One of the best ways to date with what is happening in Madison is to sign up for the legislature's notification tracking system. This service affords you with the opportunity to track legislative activities in Madison. Upon creation of a free account, you can sign up to receive notification about specific bills of committees as well as legislative activity pertaining to a subject (i.e., health care, education, etc.).