November 16, 2007
Volume #29, Issue
#39
JOHN DOE LEGISLATION DRAFTED - Inmates in the state’s correctional system
have been filing
complaints under the John Doe statute, alleging criminal conduct by correctional staff and
other
employees in correctional institutions. Under the John Doe statute, the mere filing of a
complaint
requires an investigation, even if a district attorney has already reviewed the case and
chosen not to
pursue the complaint. District attorneys around the state have cited numerous instances
where
individuals (not only inmates) have abused the John Doe statute by filing complaints in an
attempt to
harass or intimidate judges, former spouses, and other public officials.
AFSCME is supporting legislation to eliminate this abusive practice. There are two
versions of the
legislation being discussed in the Capitol. Representatives Jeff Fitzgerald and Mark
Gundrum have
sent a co-sponsorship memo to legislators that would prevent inmates from using John Doe
proceedings.
The other version, that AFSCME is working on with the Attorney General’s office, is a
bill that contains
broader language to limit the use of John Doe proceedings that we hope will be introduced
soon in the
Senate.
AFSCME will be working with legislators, judges, district attorneys, the Attorney
General’s office and the
Governor’s office to find the best way to solve this problem and end harassment of
public employees
through this process.
VIDEO FRANCHISE BILL PASSES SENATE - Legislation to change how cable
companies are regulated
in Wisconsin passed the legislature last week. Assembly Bill 207 would place the
regulation of cable
companies under the Department of Financial Institutions. Currently, cable providers
negotiate with
municipalities to provide service to communities. This allows municipal governments to
negotiate fees
and payments from cable companies to cover the costs of running public access channels and
maintenance of rights of way, among other things.
AFSCME, along with the Wisconsin Alliance of Cities and League of Wisconsin
Municipalities, among
others, raised concerns over the lack of provisions in the original bill to protect
municipalities and public
access channels. Several amendments were adopted in both the Assembly and the Senate
including:
-- Allowing municipalities to receive a fee of up to 5% of receipts from video providers to
replace revenues lost due to turning cable regulation over to the state;-- Allowing municipalities to charge cable operators for costs associated with maintaining
rights of way;-- Requiring cable operators to pay an annual fee of $2,000 to support DFI’s costs associated
with regulating the industry.
After being amended and passed by the Senate, the Assembly concurred with the changes
the next day.
It now awaits the Governor’s signature. While the bill is far from perfect and has
many critics on issues
such as consumer protection, it is a much better piece of legislation than it was when it
was originally
introduced in the spring.
LEGISLATIVE WEBSITES. . .For those
"online", here are some good info spots:
Wisconsin State Legislature: www.legis.state.wi.us/
"Who Are My Legislators": www.legis.state.wi.us./waml/
State of Wisconsin: www.wisconsin.gov/state/home
Wisconsin Legislative Reference Bureau: www.legis.state.wi.us/lrb/
Wisconsin Legislative Council: www.legis.state.wi.us/lc/
Wisconsin Legislative Fiscal Bureau: www.legis.state.wi.us/lfb/
Wisconsin Ethics Board: http://ethics.state.wi.us