June 15, 2009 – The state Assembly passed its version of the proposed 2009-11 biennial state budget on Saturday, June 13, by a 50-48 vote. State Senate Majority Leader Russ Decker has announced plans for the Senate to take up the bill this week. Legislative leaders have said repeatedly they intend to complete action on the budget by June 30.

The Assembly version of the budget contains a number of initiatives supported by the State Bar of Wisconsin, including expanded financial eligibility for State Public Defender representation and a significant boost in state funding for indigent civil legal services. These initiatives were first added to the budget by the Legislature’s Joint Finance Committee, which completed action on the proposed state budget, Assembly Bill 75, on May 29.

Among the budget changes adopted by the Assembly were amendments removing provisions that would have modified contributory negligence and joint and several liability, thereby retaining current law. However, the Assembly kept budget provisions allowing the stacking of auto insurance policies and requiring increased coverage minimums. The Assembly also restored $5.4 million in cuts that Joint Finance had made to the Department of Justice budget. In doing so, the Assembly also modified a provision Joint Finance had added to create a $1 million annual appropriation in the Department of Justice to provide $1,700 raises each year to approximately 600 assistant district attorneys and assistant state public defenders. The Assembly made the creation of that appropriation discretionary, not mandatory.

It remains to be seen whether the changes made by the Assembly will be acceptable to the Senate. It is expected Senate democrats will have their own slate of amendments that will have to be reviewed by the Assembly and potentially resolved in a conference committee between the chambers before final legislative approval and review by the governor. In the Senate, democrats hold an 18-15 majority.

Although legislative leaders have said they hope to complete the budget by June 30, work on past budgets has often extended beyond that date. Developments last week originally appeared to threaten legislative leaders’ plans to complete action on the budget quickly. Democratic members of the Assembly met in caucus for several days last week to approve various amendments making significant changes to the spending plan. With a slim 52-46 majority and one additional Independent who sometimes caucuses with the democrats, Assembly leaders appeared to face an uphill battle to achieve the 50-vote majority necessary for passage in that house. However, late last week Assembly leaders announced they were confident they had at least 50 votes for a budget plan they had devised, and in the end they were proven correct as the Assembly’s lone Independent joined 49 democrats to vote for the proposal. Two democrats voted against the budget and one democratic member of the Assembly was absent because of a family illness. No republican members of the Assembly voted for the budget.

The Legislative Fiscal Bureau’s summary of the changes proposed by the Assembly democratic caucus can be found online, and a summary of the changes by the Joint Finance Committee can be found here. A complete history of the legislation can be found on the Wisconsin Legislature’s Web site.

Continue to monitor WisBar.org and visit the State Bar’s Government Relations page for updated budget information.

Related articles:

Assembly plans to take up state budget Thursday – June 10, 2009
Joint Finance completes budget: the good, the bad and the ugly – June 1, 2009
Joint Finance expands SPD eligibility, boosts indigent civil legal services – May 27, 2009
Governor and legislative leaders outline new deficit reduction plan – May 22, 2009
State budget crisis deepens – May 13, 2009
Joint Finance Committee Approves Budget for Courts, Related Agencies – April 22, 2009
State Bar update on 2009-11 state budget – April 8, 2009
State agency briefings address Governor’s budget proposal – March 25, 2009
Joint Finance Co-Chairs announce public hearing schedule for budget bill – March 10, 2009
State Bar of Wisconsin responds to Governor Doyle’s budget – February 25, 2009
State Bar President praises initiatives in Governor’s budget proposal – February 17, 2009