Contact:
Anne Lupardus, Office of the Governor, 608-261-2162
Anti-Consumer Legislation
Also Vetoes Senate Bills 138, 171, Signs Assembly Bill 184
Governor Jim Doyle today vetoed three bills that would erode consumer protections in Wisconsin.
Governor Doyle vetoed Senate Bill 58, which would make several changes to product liability laws that would be detrimental to consumers.
“I am committed to investing in all of our industries and fostering a business climate in Wisconsin that promotes growth,” Governor Doyle said. “However, growing Wisconsin’s economy should not be at the expense of injured consumers’ and workers’ ability to hold negligent manufacturers accountable. Protecting products like the Ford Pinto doesn’t help consumers or the economy; it simply puts the public at risk. Companies should be held fully accountable if they make a product that hurts people – especially if they knowingly do so and conceal information from government regulators.”
SB 58 inhibits consumers’ ability to seek retribution for negligence by requiring a consumer to provide an example of a safer design when seeking action against a defective one. SB 58 will also inhibit innovation in product safety – which often is the result of product liability cases. Ultimately, by shielding sellers and distributors from liability SB 58 reduces the incentive to industry as a whole to produce and sell the safest products possible.
Governor Doyle also vetoed Assembly Bill 56, which would grant immunity from civil liability to the entire gun industry, virtually eliminating all incentive for safety innovations in the industry.
“Since President Bush and Congress have already given the gun industry sweeping immunity that no other industry enjoys, I can see no need for the State of Wisconsin to give the gun industry even more protection,” Governor Doyle said. “It is unfortunate that the Legislature is spending its time protecting the gun industry instead of protecting the environment or taking meaningful steps that would actually enhance the wilderness experience for hunters and other sportsmen and women. It is just one more example of a Legislature that is out of touch with Wisconsin families.”
AB 56 exceeds recently passed federal legislation, the Federal Protection of Lawful Commerce Act, which already protects the gun industry from liability lawsuits. In addition, this bill allows no recourse for citizens and communities affected by gun violence.
Governor Doyle also vetoed Senate Bill 70, which would set new standards for lay and expert witness testimony in court cases, diminishing the role of juries in determining witnesses’ credibility, and instead requiring that judges act as “gatekeepers” of information and the arbiters of what is allowable testimony.
“In short, this bill is a solution in search of a problem, and it would only make the job of prosecutors in Wisconsin harder,” Governor Doyle said. “Judges and juries can already reject evidence if it is superfluous or improbable, so there is simply no reason to add additional procedural hurdles to the system. I trust juries in this state to properly weigh the credibility and reliability of evidence when making their decisions, and I must therefore veto this bill.”
In addition to the anti-consumer bills Governor Doyle vetoed, he also vetoed Senate Bill 138, which requires doctors to make certain statements to women seeking abortions.
“This bill intrudes on the doctor patient relationship in a heavy handed manner and means doctors don’t have to provide objective and accurate information to their patients,” Governor Doyle said. “In any case, I trust doctors, not the Legislature, to make medical judgments. We should keep the doctor-patient relationship between doctors and patients and keep the Legislature out of it.”
Governor Doyle also vetoed Senate Bill 171, which would only allow school districts to hold referenda on certain dates, limiting the school boards’ ability to respond quickly to emergencies or financial crises facing their districts and impeding on local control.
“I am vetoing Senate Bill 171 because I believe it places an unnecessary and burdensome restriction on local communities,” Governor Doyle said. “Current law already requires school boards to provide ample notice for upcoming referenda held during a special election. The children in a school building where a roof collapsed should not have to wait an additional three months or more for repairs simply because the roof happened to collapse just after a regularly scheduled election.”
Finally, Governor Doyle signed Assembly Bill 184, which prohibits the Department of Corrections from using state or federal resources to facilitate hormonal therapy or sexual reassignment surgery for inmates.
Governor Doyle thanked Representatives Scott Suder, Mark Gundrum, and Bobby Gronemus, as well as Senators Ted Kanavas and Dave Zien for their work on the bill.
