Print
E-mail
Comment
Rate
Assembly OKs air regulations overhaul, nuisance suit limits
MADISON, Wis. (AP) - The state Assembly passed two Republican bills Tuesday that would further ease air regulations for businesses and severely limit public nuisance lawsuits.
The Assembly voted 73-25 to approve the regulation overhaul measure and 56-40 to pass the public nuisance lawsuits bill.
Both bills are an extension of Republican regulatory reforms the Legislature passed last year and Democratic Gov. Jim Doyle signed into law. The GOP claims the reforms have spurred job growth in Wisconsin.
The air regulation bill would exempt some companies from being forced to get a construction permit for projects. They would have to adhere to all state and federal regulations, however.
The measure also allows the state Department of Natural Resources to issue air pollution permits that don't expire. Current law requires businesses to renew the permits every five years.
The public nuisance bill would strip the state attorney general and local prosecutors of their power to bring an action to halt a public nuisance if the nuisance doesn't technically violate a statute, ordinance or regulation. It also makes changes to evidentiary rules governing who can testify as an expert at trials so testimony must be based on facts and expert witnesses can't be paid according to a case's outcome.
Doyle spokeswoman Melanie Fonder said the governor supports the air regulation changes but is "concerned" about reducing prosecutors' ability to bring lawsuits and protect the public simply because a nuisance doesn't fit neatly into a statute.
"If there's something that could potentially cause significant harm to the environment or public health, it could be free and able to continue," Fonder said.
Assembly Democrats railed against the two bills for hours. They contended the legislation would lead to more pollution and do away with common law practices on public nuisance actions.
Environmental groups have attacked the air regulation changes as the "dirty air" bill, saying the measure would make it harder to track sources of air pollution in the state. They also have complained the no-expire clause would hinder oversight of businesses' operations.
Democrats charged Republicans didn't give enough notice of a public hearing on the bills. Only lobbyists had enough notice to get to hearing earlier this month, they said.
"If you're going to do this last-minute notice, you're shutting my constituents out of the process. Whether my constituents are right or wrong ... I want you to listen to them," said Rep. John Lehman, D-Racine. He then read off the names of dozens of people who had written letters complaining about the bill. He went on for more than fifteen minutes.
Assembly Speaker John Gard, R-Peshtigo, fired back that businesses need a break and Democrats don't understand what it takes to create jobs. He said the only jobs the Democrats want are public service jobs and casino jobs.
"We've got to understand the world we are living in is so competitive," Gard said. "I just think people gotta get their edge back. That's what this is about."
The GOP defended the changes in the public nuisance lawsuits and testimony law, saying the changes would help unclog overcrowded courts.
But state Rep. Louis Molepske, D-Stevens Point, said the changes would neuter law enforcement officials. In Stevens Point alone, he said, prosecutors brought actions against a drug house and a house with more than 70 cats as public nuisances, even though they didn't fall under a specific statute.
Attorney General Peg Lautenschlager issued a statement that said: "This bill, rushed through with as little public input as possible, would remove the last defense citizens have when they have been harmed. The people of Wisconsin deserve more protection, not less. The legislature, in its arrogance, is tampering with centuries-old common law."
---
The bills are AB 277 and AB 278.
---
Wisconsin Legislature: http://www.legis.state.wi.us/
The Assembly voted 73-25 to approve the regulation overhaul measure and 56-40 to pass the public nuisance lawsuits bill.
Both bills are an extension of Republican regulatory reforms the Legislature passed last year and Democratic Gov. Jim Doyle signed into law. The GOP claims the reforms have spurred job growth in Wisconsin.
The air regulation bill would exempt some companies from being forced to get a construction permit for projects. They would have to adhere to all state and federal regulations, however.
The measure also allows the state Department of Natural Resources to issue air pollution permits that don't expire. Current law requires businesses to renew the permits every five years.
The public nuisance bill would strip the state attorney general and local prosecutors of their power to bring an action to halt a public nuisance if the nuisance doesn't technically violate a statute, ordinance or regulation. It also makes changes to evidentiary rules governing who can testify as an expert at trials so testimony must be based on facts and expert witnesses can't be paid according to a case's outcome.
Doyle spokeswoman Melanie Fonder said the governor supports the air regulation changes but is "concerned" about reducing prosecutors' ability to bring lawsuits and protect the public simply because a nuisance doesn't fit neatly into a statute.
"If there's something that could potentially cause significant harm to the environment or public health, it could be free and able to continue," Fonder said.
Assembly Democrats railed against the two bills for hours. They contended the legislation would lead to more pollution and do away with common law practices on public nuisance actions.
Environmental groups have attacked the air regulation changes as the "dirty air" bill, saying the measure would make it harder to track sources of air pollution in the state. They also have complained the no-expire clause would hinder oversight of businesses' operations.
Democrats charged Republicans didn't give enough notice of a public hearing on the bills. Only lobbyists had enough notice to get to hearing earlier this month, they said.
"If you're going to do this last-minute notice, you're shutting my constituents out of the process. Whether my constituents are right or wrong ... I want you to listen to them," said Rep. John Lehman, D-Racine. He then read off the names of dozens of people who had written letters complaining about the bill. He went on for more than fifteen minutes.
Assembly Speaker John Gard, R-Peshtigo, fired back that businesses need a break and Democrats don't understand what it takes to create jobs. He said the only jobs the Democrats want are public service jobs and casino jobs.
"We've got to understand the world we are living in is so competitive," Gard said. "I just think people gotta get their edge back. That's what this is about."
The GOP defended the changes in the public nuisance lawsuits and testimony law, saying the changes would help unclog overcrowded courts.
But state Rep. Louis Molepske, D-Stevens Point, said the changes would neuter law enforcement officials. In Stevens Point alone, he said, prosecutors brought actions against a drug house and a house with more than 70 cats as public nuisances, even though they didn't fall under a specific statute.
Attorney General Peg Lautenschlager issued a statement that said: "This bill, rushed through with as little public input as possible, would remove the last defense citizens have when they have been harmed. The people of Wisconsin deserve more protection, not less. The legislature, in its arrogance, is tampering with centuries-old common law."
---
The bills are AB 277 and AB 278.
---
Wisconsin Legislature: http://www.legis.state.wi.us/
 |
 |
|
| Walgreens to pay $55,000 | Senate bans funds for prisoner sex changes prisoner sex changes |
Article Rating
Reader Comments
The following are comments from the readers. In no way do they represent the view of beloitdailynews.com.
Submit a Comment
Login below to post your comment. |
Not yet a member? Use the form below to register. |
