June 24, 2011
Wisconsin Supreme Court Issues Ruling:
Budget Repair Bill Is Law

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.

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
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.
Legislature Approves Personal Protection Act

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. 

Happy Independence Day!

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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