Assembly takes up bills to tighten election recount rules and fight the opioid fentanyl

MADISON - The state Assembly voted Wednesday to tighten the rules for conducting election recounts and to fight the deadly synthetic opiate fentanyl.

The actions came in a marathon Assembly session extending into the evening as legislators also debated a bill aimed at curbing disruptive protests on college campuses. Also Wednesday, Gov. Scott Walker signed legislation allowing the use of delivery robots on sidewalks across the state. 

The legislation on recounts passed the Assembly on a voice vote and now goes to the Senate. 

Assembly Bill 153 comes in response to 2016 Green Party presidential candidate Jill Stein's demand for a recount after Donald Trump became the first Republican presidential candidate to win Wisconsin since 1984. Stein received just 1% of the vote but was able to force a recount here under state law. 

The recount cost Stein $3.5 million but didn't change the outcome in Wisconsin — Trump actually padded his victory margin by 163 votes. 

"No one in Wisconsin had ever asked for a recount of this type," said Rep. Dave Murphy (R-Greenville). "This is ridiculous."

Under the bill, candidates could request recounts only if they lost by 1 percentage point or less in an election with at least 4,000 votes total. For elections that don't receive that many votes, the candidate would need to lose by no more than 40 votes for a recall. 

Rep. Fred Kessler (D-Milwaukee) said the current rules give candidates a way to object if they suspect fraud.

"If somebody wants to pay for a recount, why should they not be entitled to that?" Kessler asked. 

The measure also would reimburse the entity that conducts the recount and shorten the deadline to apply for a presidential recount by two days.  

Fentanyl. Assembly Bill 335 would close loopholes that drug dealers use to sell lethal opioids known as fentanyl analogs. The bill passed on a voice vote and now goes to the Senate.

Fentanyl is 50 to 100 times more potent than morphine and can kill with doses as small as 2 milligrams when drug dealers use it to spike heroin and other opioids.

At least 42 people have died of drug overdoses in Milwaukee County this year after being exposed to fentanyl or one of its more powerful analogs, such as carfentanil. 

An analog mimicking an original drug can help dealers defy detection and prosecution since in some cases the new drug may not be regulated. The bill seeks to aid in the prosecution of dealers and manufacturers of fentanyl analogs by more clearly defining these drugs.

Scanners. Those who use credit card scanners to commit identity theft would face harsher penalties under Senate Bill 133. The Assembly passed the measure on a voice vote, sending it to Walker. 

The legislation would make it a Class I felony to possess a credit card scanner for stealing identities. The crime would be punishable by up to three years and six months in jail and fines of $10,000. 

Woodchuck hunting.Assembly Bill 323 would allow the hunting and trapping of woodchucks, also known as groundhogs. Despite a lighthearted objection from Rep. Gary Hebl (D-Sun Prairie) — who represents the home of Jimmy the groundhog — the bill passed on a voice vote and now goes to the Senate.

Death investigations. Assembly Bill 366 would require medical examiners in Wisconsin to be licensed by a newly created board before handling death cases. The measure, which was sent to the Senate on a voice vote, would not affect counties that use a coroner's office instead of a medical examiner. 

Deer feeding.Senate Bill 68 would end within three years the bans on deer feeding that are used to prevent the spread of disease after chronic wasting disease is discovered in a county. The bill passed the Assembly 60-37 and now goes to Walker. 

Also Wednesday, Walker signed Senate Bill 148, which allows small, low-speed delivery robots to use sidewalks and crosswalks. A remote operator must monitor the robots under the legislation, which supporters say will help the state keep up with evolving technology.

Walker also signed Assembly Bill 25, which allows 16- and 17-year-olds to get jobs without work permits  — or the permission of their parents. Previously, the work permits were required for children under 18.

Patrick Marley of the Journal Sentinel staff contributed to this report.