BUSINESS VICTORY
The biggest political story of the just-completed budget battle was the Legislature’s rejection of Gov. Jim Doyle’s call for a major change in liability law provisions. Both houses of the Legislature are controlled by Democrats.
Liability law fashioned in the mid-1990s by a Republicancontrolled Legislature requires that any damage payment must include a court finding that someone has at least 51 percent responsibility for the damage involved in the matter.
Critics said removing the 51 percent requirement would create a “deep pockets” law under which a party even slightly at fault could have had to pay much, if not all, of a claim.
Old-fashioned politics produced the victory for business interests that include hospitals, doctors, trucking companies, restaurant owners, builders, manufacturers and small-business firms.
Their members back home contacted legislators by phone and by mail to express their concerns. Some newspaper ads added to the chorus of opposition.
Why did Doyle propose such a change? The rhetoric suggests it would help the poor who sometimes get zero awards. The real motive is that trial attorneys who represent plaintiffs are among the major financial contributors to Democratic candidates, including the governor.
Money is the mother’s milk of politics. Preliminary records indicate that more than $20.2 million was spent on legislative races in 2008. Doyle reportedly hopes to have $8 million to $10 million available for a bid for re-election in 2010.
The “deep pockets” approach has been a key goal for plaintiff attorneys. Democrats now control all of state government, and politics often is about rewarding your friends – especially those with generous checkbooks.
Critics said putting the “deep pockets” change in the state budget was wrong. This “joint and severable” legislation doesn’t affect state spending, they argued. When defeat was at hand, the governor found cover in saying he agreed to handle it separately.
Doing it later also means it would be back in the limelight closer to the 2010 election.
The Republican gubernatorial candidate would have a readymade issue to use in assuring that business interests vote for him and his Republican legislative friends. The issue will provide a good base for Republicans. While Doyle’s allies say it could help the poor, it won’t be a key issue for those folks at election time.
The business groups showed their savvy in buying ads in some hometown newspapers to thank those Democrats who helped derail the proposed change. That angered some Republicans in those towns. They seemed to believe it was wrong to ever say anything good about any Democrat.
That’s political nearsightedness. The Democratic majorities are still there – at least for another 18 months.
