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June 24, 2011
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Wisconsin Supreme Court Issues
Ruling:
Budget Repair Bill Is Law
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On March 11, 2011 Gov. Walker signed the "Budget Repair
Bill" into law as Wisconsin Act 10. A lawsuit was filed and a Dane County Circuit Court
stopped Act 10 from going into effect. An appeal was filed with the
Wisconsin Supreme Court who ruled on this issue on June 21. In that
ruling, the high court upheld the validity of Act 10. The court held
that:
- The Legislature did not employ a process that
violated Article IV, Section 10 regarding keeping the legislative
doors open.
- The Legislature did not violate the open
meetings law.
- The Dane County circuit court erred in
preventing publication and further implementation of Act 10.
- All orders and judgments of the Dane County
Circuit Court were vacated and declared to be void.
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Although the bill was signed into law on March 11, it will
not be retroactive. The Secretary of State will officially publish Act 10
on June 28 with an effective date of June 29. |
2011-2013 State Budget Passes
Legislature
As Promised: Truth In Budgeting
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I have always believed that cuts to government should
constantly be pursued and carried out, whether or not we are in a recession. The
problem is, over the last 15 years, Wisconsin’s total money management situation
deteriorated to the point where ‘only’ cutting spending or even ‘only’ raising
taxes would not get us in the black. It got so bad that we had to do a lot more
than make major cuts to the state budget; we had to completely restructure the
state’s finances to stop spending money we don’t have. We had to finally stop
“budgeting by credit card.”
Drafting a state budget every two years is extremely difficult, because each new
biennium we must deal with the situation left to us by the previous one. This
time, Gov. Jim Doyle left the new legislature with a $3.6 billion dollar hole in
the middle of a bad economy forcing us to make many very tough decisions. This
is the job I was elected to do on behalf of more than 55,000 people who live in
the 90th Assembly District. With a 1,500 page document that spends $66 billion,
no one will be happy with every single part of the final result, not even the
legislators who voted for it. However, I think we can be proud of the giant
steps we took this year.
Together, my colleagues and I eliminated the $3.6 billion deficit without
raising taxes or fees, without raiding segregated funds, without using
accounting gimmicks to fake a balanced budget, without relying on one-time
stimulus funds, and without going overboard and borrowing into the future.
We instituted a permanent property tax freeze that will provide all Wisconsin
families with some certainty and stability at a time when they need it most. And
to top it all off, we worked so hard to get control of the current situation and set up a
framework for a more successful financial future that the next state budget will
begin with a surplus, not a gaping deficit. This was a monumental feat.

Because it is crucial to preserve beneficial programs and services, we made
tough cuts while still maintaining programs my constituents said should be a
priority. People were clear that they wanted to keep SeniorCare, and we fully
funded the popular and successful SeniorCare prescription drug program, ensuring
access to medication for low-income seniors. You asked us to hold off on cuts to
WiscNet, a non-profit association providing high-speed digital communications,
including network access and supporting services to the University of Wisconsin
System, the Wisconsin Technical College System, private colleges, school
districts, libraries, local and state government, and public service and related
agencies. These are just a few of many examples where we listened and agreed the
Governor’s budget could be improved.
Sometimes, we disagreed with the governor and his ideas for the budget. When you
hear claims that Republicans are Walker rubber-stampers, think again. It’s
simply not the case. One of several examples is the governor’s proposal to
repeal the recycling mandate. You wanted to keep the mandate requiring local
governments to provide recycling services, and our caucus went against the
governor to make sure that local units of government will be able to continue
their recycling programs.
This session brought a lot of debate, a lot of input with various viewpoints,
and a high degree of emotional expression on many issues. That means people are
listening, reading, and engaging in our representative democracy. Whether or not
you voted for me, whether or not you even vote, I represent you when it comes to
state issues. I appreciated hearing from so many of you about the budget and the
changes you wanted to see, and I worked to see many of those changes become a
reality.
I believe strongly that this budget finally takes our state in a better
direction. We fulfilled the promises we made to restore fiscal sanity,
accountability, and honesty in our state budgeting practices. At long last, we
are on the road to living within our means through true reform and reduced
spending, providing a strong foundation for sustainable economic growth.
Gov. Walker has announced that he will sign the 2011-2013 budget into law on
Sunday, June 26. |
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Legislature Approves Personal
Protection Act
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Wisconsin is one step away from becoming the 49th state to
allow law abiding citizens the right to carry concealed weapons to protect
themselves and their loved ones. Currently, carrying a concealed weapon is
illegal, but Senate Bill 93 creates an exception for those who obtain a license
to carry a concealed weapon from the Department of Justice (DOJ). Similar
legislation was approved by the legislature with bi-partisan support in 2006
only to be vetoed by Governor Doyle. Recently, SB 93 passed the
legislature with bi-partisan support, 25-8 in the Senate and 68-27 in the
Assembly. Governor Walker has indicated his intent to sign the bill into
law.
In order to get a license, you will need to be 21 years or older, a Wisconsin
resident, show proof of firearm training, and not be prohibited under
federal or state law or a court order from possessing a firearm. The license fee
will be set by the DOJ but cannot exceed $37. The fee for the required criminal
background check is $13. The license is generally good for five years unless it
has been revoked. Under the new law, carrying a concealed weapon is
prohibited at a police station, sheriff's office, state patrol station, prison,
jail, courthouse, secure DHS facility, in or near a school, and beyond the
security checkpoint at an airport.
Any privately owned places not included in the
bill can choose to allow concealed weapons or choose to post notices for their
buildings and surrounding properties
stating that concealed weapons are strictly prohibited. Any publicly owned
places not included in the bill can choose to allow concealed weapons or post
notices prohibiting concealed weapons for their buildings only. License
holders are allowed to leave a concealed weapon in their car in a parking lot if
they are at a location that prohibits them from carrying a concealed weapon
by due to statute or because it is posted.
Law-abiding citizens are entitled to have the means to
protect themselves because law enforcement primarily investigate and solve
crimes after they have occurred. They are rarely present to prevent a crime.
Studies show that criminals are significantly less likely to commit a crime if
they think their victim may be armed and able to protect him or herself.
Furthermore, licensed weapon carriers have assisted police officers in
situations where the officer may have been killed without this assistance.
Several law enforcement officers, including the former Green Bay Crime
Prevention Officer, have contacted me in support of concealed carry legislation.
That said, it is important to note that not everyone who
can obtain a license to carry will choose to do so. Based on the experience of other
concealed carry states, only 2% to 4% of eligible individuals ever
get a license to carry.
Statistics show that limiting access and use of guns through gun control laws
has had no effect on reducing violent crime. Bad people who break our laws will
always have access to guns through illegal means and will illegally victimize
innocent people with those guns. Gun restrictions take guns from good
law-abiding citizens leaving them helpless to defend themselves from bad people.
The criminals know this and take advantage of it. Chicago instituted a hand-gun
ban in 1982. Since that time, the percentage of murders committed with handguns
has increased by 40%.
Over the years more and more states have allowed the carrying of concealed carry
weapons. Statistics show that crime was reduced when concealed
carry was implemented. According to the FBI, the murder rate is at a 45 year
low and total violent crime is at a 37 year low. Clearly, more guns have not led
to more crimes being committed.
Concerns that accidental shootings will increase due to
concealed carry permits are unfounded. 80 million American gun owners keep
nearly 300 million firearms. According to the Centers for Disease Control, the
number of firearm accident deaths has fallen to an all-time low despite the
number of carry license holders nationwide being at an all-time high. In 2007,
there were only 613 accidental deaths from gunshot wounds. Most firearm
accidents occur when a person is servicing their gun improperly. In comparison,
that same year nearly 23,000 Americans died from falling, nearly 30,000 died from
accidental poisoning, and over 42,000 died in motor vehicle accidents.
Concerns that concealed carry permit holders will use
their concealed weapon to commit crimes are also unfounded. Florida has issued 2
million licenses over the last 26 years. During that time only 168 permits have
been revoked for “firearms related crimes.” Most of those “crimes” were
non-violent acts such as unintentionally carrying firearms into prohibited
places. The national average for license revocations is less than 0.2%. Many
jurisdictions revoke licenses for acts that have nothing to do with the use of a
firearm, such as failure to pay parking tickets.
Then-Florida licensing Division Director, John Russi, noted, “Florida’s
concealed weapon law has been very successful. All major law enforcement groups
supported the original legislation… [S]ome of the opponents of concealed weapon
legislation in 1987 now admit the program has not created the problems many
predicted.” (Testimony before the Michigan House of Representatives Judiciary
Committee, 12/05/1995).
During debate on this bill in the Wisconsin State Senate last week, Senator Jim Holperin (D-Conover) stated that he lives 12 miles from the Michigan border. He
can’t tell any difference between traveling in Michigan which allows concealed
carry and traveling in Wisconsin which does not. Unless you have never traveled
outside of Wisconsin, you most likely have been near a law-abiding citizen
carrying a concealed weapon with a permit and you just never knew it. Senator Lena
Taylor (D-Milwaukee) stated that due to personal safety concerns, many people in her
district carry concealed regardless of the current law.
I have heard stories of people in concealed carry states who averted becoming a
crime statistic because they had a gun to protect themselves. I have heard
stories of crime victims who said they would not have been victimized if they
had been carrying a gun to protect themselves. To that end, I voted in support
of SB 93 which has important safeguards so that only Wisconsin's law-abiding
citizens will have the opportunity for this form of self-protection. |
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Happy Independence Day!
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Soon, our nation will celebrate Independence Day, in
remembrance of the July 4, 1776, signing of the Declaration of Independence.
Our founding fathers truly had a bold new vision for people: a vision which
became the United States of America. The creation of this country was built on
the conviction that people have inalienable rights and that government would
have only the powers granted by its people. The privilege of living this
revolutionary concept was paid for by a revolutionary battle for autonomy.
Thanks to the innovative ideas and heroic sacrifices of our ancestors, Americans
enjoy freedoms that are unparalleled in the history of the world. Not only did
the Declaration of Independence bring about our nation’s independence from
Britain, it also brought about personal freedoms and liberties that previous
governments did not allow. Americans have freedom of speech, religion, assembly,
press, redress against the government, and due process of law, just to name a
few. Unfortunately, in other parts of the world, people are still being killed
or punished for trying to obtain the rights and freedoms that too many Americans
now see as commonplace and take for granted.
True freedom and the framework allowing that freedom to operate for all of us
comes at a very high price and it should never be taken for granted. I am
grateful to the soldiers who have served since the days of the Revolutionary War
all the way to the present. The unique vision our founding fathers had of
freedom and democracy has endured and has shined as the standard for other
nations to follow.
Please join me in remembering the soldiers throughout our nation’s history who
fought to obtain our freedom and fought to preserve and defend it. I hope that
you and your loved ones have a very safe and enjoyable Independence Day. May God
Bless the United States of America.
“Let the Fourth of July always be a reminder that here in this land, for the
first time, it was decided that man is born with certain God-given rights; that
government is only a convenience created and managed by the people, with no
powers of its own except those voluntarily granted to it by the people. We
sometimes forget that great truth, and we never should.” - Ronald
Reagan

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