Related News and Issues

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- Milwaukee Sick Pay Ordinance Case
- Victim Advocates Reflect on End of Legislative Session
- Wisconsin Parity Act
- WCASA Legislative Update
- Restraining Order Modernization Bill Introduced

Milwaukee Sick Pay Ordinance Case Headed to the Wisconsin Supreme Court

The Wisconsin Supreme Court has accepted a request from the Court of Appeals that it decide key issues in the challenge to the Milwaukee Sick Pay Ordinance.

Last year, a Milwaukee County Circuit Court Judge ruled that provisions in the ordinance that would have allowed victims of domestic and sexual violence to take paid leave for relocating or seeking legal protection rendered the ordinance invalid.

WCADV will continue to advocate on behalf of victims that these provisions were validly enacted.  Ultimately, the Wisconsin Supreme Court may have the final say as to whether victims and workers in Milwaukee will have access to the health care and safety protections provided for under the ordinance.

4/2010 - From WCADV

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Victim Advocates Reflect on End of Legislative Session, Praise Improvements to Wisconsin's Laws

Madison--As the state legislative session came to a close on Thursday, victim advocates expressed gratitude to the key legislators that worked to ensure that Wisconsin's laws respond to victims. 

Advocates pointed to a number of bills that passed the legislature this session.

Two newly enacted laws, the Victim Fair Housing Act and the Lock Out Abusers Act, address the housing needs of survivors.  The acts prohibit discriminatory housing practices that keep victims from safety, provide victims protection from unjust evictions and ensure that victims can have the locks to their apartments changed if they are in danger.

Both houses of the legislature also passed the Wisconsin Restraining Order Improvement Act.  The legislation will ensure that victims of teen dating violence will be able to seek harassment restraining orders.  The bill also resolves inconsistencies in restraining order procedures that have prevented victims from obtaining legal protection.

Another bill, the Sexual Assault Victim Privacy Protection Act, now makes Wisconsin a leader in maintaining the privacy of rape victims.  The law contains a civil rape shield that prevents defendants from attempting to bring up embarrassing details of a victim's sexual history in civil court.

“Wisconsin was the first state to pass a Crime Victims' Bill of Rights to its Constitution and this year the legislative session ends during Crime Victims Rights Week,” said Patti Seger, executive director of WCADV.  “The confluence of these events, provides an appropriate time to recognize the state legislators that carry on Wisconsin's tradition of treating crime victims with fairness, dignity and respect.

“WCADV, our local programs across the state and survivors thank the lead authors of legislation to protect victims. These legislators include, Representatives Berceau, Bernard Schaber, Dexter, Hraychuck, Parisi, Radcliffe, Staskunas and Zigmunt and Senators Coggs, Holperin and Taylor.  Many other legislators acted as co-authors and key supporters.

“Domestic violence is a difficult but important issue.  Many do not want to think about abuse, much less talk about it in public.  These legislators have shown the courage and leadership that will be necessary to eliminate domestic violence in Wisconsin.”

Several Bills Fail to Pass the Senate

While there were a number of legislative achievements, several bi-partisan bills failed to pass the State Senate. The Senate did not take up the Wisconsin Gender Violence Act, the Domestic Violence Homicide Prevention Acts and other bills, despite Assembly approval.

The Gender Violence Act would have provided survivors of sexual assault a mechanism for holding their perpetrators financially accountable.  The Domestic Violence Homicide Prevention Acts would have provided legal authority and procedures to enforce existing prohibitions that should keep guns out of the hands of abusers.   Another bill, Senate Bill 283, would have closed a loophole in the law that currently allows arrested abusers to violate the no-contact condition of their release without being returned to custody.  These bills had wide support among victim advocates and law enforcement groups.

“There were several missed opportunities to make Wisconsin safer,” said Seger.  “Domestic violence is a leading cause of homicide and central to public safety.  Unfortunately, a number of bills to support and protect victims were left on the table.”

In conclusion, Seger expressed a positive outlook for the future.

“The 2009-2010 legislative session brought several important advances for victims,” said Seger.  “Longtime allies and new champions in the legislature have been voices for victims.  With their support, we will continue to make Wisconsin a leader in the fight against domestic violence.”

4/2010 - From WCADV

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Wisconsin Parity Act
Action Alert from Mental Health America of Wisconsin (MHA)

Contact Your Representative to Vote to Pass the Wisconsin Parity Act (Senate Substitute Amendment 1 to SB 362)!

Full Assembly may vote as early as February 22!

On Jan. 28 the Wisconsin Senate passed the Wisconsin Parity Act (Senate Substitute Amendment 1 to SB-362) by a 20-13 vote with bipartisan support (Republican Senators Darling and Kapanke joined the Senate Democrats to vote for passage). Now the legislation advances to the Assembly -- which may vote on the bill as early as Tuesday, Feb. 22.
 
The Wisconsin Parity Act is an important bill that will provide mental health and substance abuse insurance benefits at parity levels -- equal to benefits for medical and surgical procedures -- for 700,000 employees of Wisconsin's small businesses not covered by the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, PL 110-343.

For more information on the legislation, visit www.ParityForWisconsin.org.
 
Action Requested:
Contact your Representative TODAY and tell him or her to pass the Wisconsin Parity Act. If you don't know who your Representative is, click here. 

Suggested Message to Representatives:
These are just suggestions -- it's best to use your own words and experiences:

I'm writing/calling as a constituent to ask that you vote to pass the Wisconsin Mental Health and Substance Abuse Parity Act (Senate Substitute Amendment 1 to SB-362) when it is introduced for a vote in the Assembly. As you may know, the Wisconsin Parity Act passed the Senate on Jan. 28 with bipartisan support.
 
With job creation Wisconsin's number one economic priority, the Wisconsin Parity Act will play an important role in helping our small businesses be more competitive. Parity provides an opportunity to improve both the mental AND physical health of workers, which can lead not only to lower healthcare costs but also improved employee productivity, saving Wisconsin businesses billions of dollars annually.
 
The Wisconsin Parity Act will NOT lead to a dramatic increase in healthcare costs. The most recent, authoritative, independent, expert analysis of the economic impact on private-sector employers of parity -- conducted by the Congressional Budget Office and cited in federal regulations released Feb. 2 by the Departments of the Treasury, Labor, and Health and Human Services implementing the Wellstone-Domenic Act -- concluded that insurance premium costs would increase by just four-tenths of one percent.
 
Parity may, in fact, reduce overall healthcare costs, which are routinely twice as high for people living with substance use disorders and mental health disorders. And numerous studies have shown parity to improve health outcomes for people with heart disease, diabetes, cancer and other chronic diseases.
 
The Wisconsin Parity Act recognizes the concerns of small business. Using language consistent with federal guidelines as outlined in the federal Wellstone-Domenici Act, new amendments to the Wisconsin Parity Act will allow employers with fewer than 10 employees to opt out of complying with the parity provision for one plan year at a time. The amendments also permit larger employers who can show that parity has increased their insurance costs by two percent in the first year, and then one percent in later plan years, to opt out for one plan year at a time.
 
Research has repeatedly confirmed the efficacy and cost-effectiveness of treatment for persons with mental illnesses and substance use disorders.
 
For these reasons I ask that you vote to pass the Wisconsin Parity Act.

Local Wisconsin Assembly Members:
Each of the following eight Representatives voted "yes" on Dec. 17 as members of the Assembly Committee on Health and Health Care Reform. If you contact them, please thank them for their vote and ask for their continued support of this important legislation.

·         Jennifer Shilling (D-LaCrosse), rep.shilling@legis.wisconsin.gov, 608-266-5780

·         Jon Richards (D-Milwaukee), rep.richards@legis.wisconsin.gov, 608-266-0650

·         Chuck Benedict (D-Beloit), rep.benedict@legis.wisconsin.gov, 608-266-9967

·         Penny Bernard Schaber (D-Appleton), rep.bernardschaber@legis.wisconsin.gov, 608-266-3070

·         Kelda Helen Roys (D-Madison), rep.roys@legis.wisconsin.gov, 608-266-5340

·         Donna Seidel (D-Wausau), rep.seidel@legis.wisconsin.gov, 608-266-0654

·         Amy Sue Vruwink (D-Milladore), rep.vruwink@legis.wisconsin.gov, 608-266-8366

·         Sandy Pasch (D-Whitefish Bay), rep.pasch@legis.wisconsin.gov, 608-266-7671
 

o        Rep. Pasch is the lead sponsor of the bill. If you contact her, please be sure to thank her for her important leadership.

Other members of the Assembly in the area are:

·         Chris Danou (D-Trempealeau), rep.danou@legis.wisconsin.gov, 608-266-7015

·         Michael Huebsch (R-West Salem), rep.huebsch@legis.wisconsin.gov, 608-266-0631

·         Lee Nerison (R-Westby), rep.nerison@legis.wisconsin.gov, 608-266-3534

2/2010 - From MHA

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WCASA Legislative Update

With just a couple of months left in the 2009-2010 session, a number of important bills are still winding their way through the legislature. We have seen some positive developments thus far but are intensely focused on continuing our work on those items that remain. Below is a summary of those bills on which we have been engaged, highlighting the progress since the last update.

Victim Fair Housing Act – AB 277/ SB 204

l       Bars discrimination in housing matters due to status as a victim of SA, DV or stalking.

l       This bill has been passed by the legislature, signed by the Governor and is now law in Wisconsin.

Child Victims Act – AB 453/ SB 319

l       Removes the statute of limitations in civil cases for child sexual assault (current SOL is when victim reaches age 35).

l       Creates 3 year “window of opportunity” to bring civil cases for those currently barred from so doing due to SOL. 

l       This bill has been approved by the Assembly committee and is awaiting a vote by the full Assembly and the relevant Senate committee.

Victim Privacy Act – AB 419

l       Creates Civil Rape Shield in WI.  Prohibits introduction of evidence of prior sexual conduct of the victim in civil cases with narrow exceptions. 

l       WI joins the federal courts and several other states in extending this important victim privacy protection. 

l       Prohibits a court from ordering a victim to submit to mental examination to asses her/his credibility as a condition of allowing the victim to testify.

l       Generally prohibits criminal defendant from requiring a victim to submit to pretrial interview or deposition.

l       Makes any personally identifiable information about the victim in Crime Victim Comp applications confidential and not a public record. 

l       Also applies to SAFE fund applications

l       This bill has passed in the full Assembly and in the Senate committee, and is awaiting a vote by the full Senate.

Healthy Youth Act – AB 458/ SB 324

l       Requires school districts that offer sex education programming to provide comprehensive programming, not limited to abstinence only education. 

l       Programming must be medically accurate and age appropriate.

l       Programming must address healthy relationships.

l       Identify counseling, medical, and legal resources for  survivors of SA and dating violence.

l       This bill has been passed by both houses of the legislature and is awaiting the signature of the Governor.

Video Voyeurism Act – AB 411/ SB 281

l       Provides judges with the option to require defendants to register as a sex offender if the crime was “sexually motivated.”

l       This bill has been approved by both houses and is awaiting the signature of the Governor.

Lock Out Abusers Act – AB 400/ SB 274

l       Requires landlords to change locks or allow victim to change locks within 48 hours of victim request.

l       Victim must prove victim status the same way as in Safe Housing Act – i.e. copy of RO, criminal complaint, or condition of release.

l       This bill has passed both houses of the legislature and is awaiting the signature of the Governor.

Gender Violence Act – AB 480/ SB 337  

l       Creates civil cause of action for a person who suffers physical, emotional, or economic harm as a result of a gender-based act.

l       This bill has had a public hearing in front of the Assembly committee and is awaiting a vote by that committee as well as a public hearing in the Senate.

Gender Hate Crimes Act – AB 481/ SB 344

l       Creates a penalty enhancer for crimes based on gender.

l       This bill has been approved by both Assembly and Senate committees and is awaiting the vote by the full Assembly and Senate.

If you have any questions please contact John Keckhaver at john@keckhaver.com.

2/2010 - From WCASA

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Restraining Order Modernization Bill Introduced

 Call your legislators now and ask them to co-sponsor LRB 2016. The bill will remove confusing technicalities and inconsistencies that prevent victims from getting legal protection.

 Please call or email your legislators this week and urge them “to co-sponsor LRB 2016, offered by Rep. Ann Hraychuck and Senator Lena Taylor.”  The bill provides for a number of improvements to Wisconsin’s restraining order laws that will make the legal system easier for victims to navigate. 

Talking Points:

• Because of a lack of clarity in current law, some courts deny teen victims of dating violence the opportunity to get a harassment restraining order. LRB 2016 adds clarity so that all courts will hear requests for protection from minors.

• Current law contains unnecessary inconsistencies that confuse victims, advocates and court officials. LRB 2016 creates consistency between the procedures used to petition for harassment and domestic abuse injunctions.

• Some victims are encountering unnecessary delay in the restraining order process because of misinterpretations of current law or a lack of uniform standards. LRB 2016 provides reasonable standards that will ensure the legal process corresponds to the urgent needs of victims.

• LRB 2016 prevents abusers and savvy attorneys from circumventing victims’ rights to restraining orders.  Under current practice, victims are sometimes asked to agree to reduced protection, while not being informed of their rights.  In other cases, conflicting court orders eliminate the victim’s protection.

Email your legislator:

You can find your legislators’ emails here and use the message below as a template.

Dear [Senator/Representative]:

I am writing to ask you to co-sponsor LRB 2016, the Wisconsin Restraining Order Improvement Act.  LRB 2016 is needed to remove confusing inconsistencies in the law.

In general, the changes called for by LRB 2016 are technical in nature, but they will have a huge impact on whether or not victims of domestic violence and sexual assault are able to avail themselves of legal protections.

For instance, although many courts allow teen victims of dating violence to seek a harassment restraining order, because of inconsistencies with other sections of the law, other courts will not hear requests from minor victims.  LRB 2016 will clarify that minor victims of dating violence should be able to seek protection when they are in danger. As you probably know, teen dating violence is an epidemic problem.  40% of teenage girls report knowing someone their age who has been hit or beaten by a boyfriend.  LRB 2016 will ensure that our laws are attuned to respond to the reality that minors are subjected to dating violence at an alarmingly high rate. 

I urge you to co-sponsor this important legislation. 

Sincerely,

[Your Name]

1/2010 - From WCADV

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