Hamilton Political Tidbits - Sept. 2, 2010
Introduction
Heading into the final days of summer, electioneering continues to pick up with the September 14th Wisconsin primary just weeks away. GOP gubernatorial candidates Scott Walker and Mark Neumann recently held their last public debate. The winner of the primary faces Milwaukee Mayor Tom Barrett in the general election. The latest Rasmussen Report poll shows both GOP candidates slightly leading Barrett, with Neumann leading Barrett 48 - 44%, and Walker leading Barrett 47 - 44%. Barrett has one primary opponent, Tim John of Oconomowoc, but polls show that Barrett is solidly in control of that race.
Candidates in both the Senate and Assembly continue to hold fundraisers and knock on doors as just a handful of races in both houses could ultimately decide which party controls each chamber. The biggest battle on the Democratic side in next month’s primary election involves the 7th Senate District race in Milwaukee where incumbent Jeff Plale (D-South Milwaukee) is on the receiving end of considerable negative campaigning from a number of groups who support his more liberal opponent, Milwaukee County Supervisor Chris Larson. Environmental and progressive groups are upset with what they perceive as Sen. Plale’s involvement in the “Clean Energy Jobs Act’s” ultimate demise, which those groups supported.
While candidates run for office, state agencies are rushing to issue a slew of regulations before a September 1 deadline. Any proposed rule sent to the Legislature after September 1 must be reviewed by the next Legislature. With a new incoming Governor and potential power shifts in either house, many state agencies are working feverishly to meet the September 1 deadline. Below is a discussion of DNR rules recently adopted by the Wisconsin Natural Resources Board.
Hamilton Consulting will continue to provide election updates through the primary and general elections.
Wisconsin Natural Resources Board Approves Rules before September Deadline The Wisconsin Natural Resources board this month passed a number of proposed air and water regulations at its last meeting. September 1 is the deadline for all rules to be considered by the current Legislature. Among the rules adopted were ones pertaining to: In addition, the NRB approved rules relating to groundwater quality standards (click here and here), water use fees, and water conservation and water use efficiency for water users. Earlier this year the NRB approved controversial rules setting strict and costly phosphorus limits for Wisconsin rivers, streams, and lakes. For more information about these and other rules, visit Hamilton Consulting Regulatory Watch. Wisconsin Builders Association Scores Victory in Stormwater Lawsuit The EPA this month reversed course on stormwater regulations as a result of legal action filed by the Wisconsin Builders Association (WBA) and National Home Builders Association (NAHB). The proposed stormwater management regulations sought to establish the first numeric effluent limits on the amount of pollutants in stormwater that may be discharged from certain construction sites. The WBA, along with the NAHB, filed a petition for review asking the EPA to revise its effluent limitation guidelines. The WBA argued that the data used by the EPA setting the limitation on the amount of sediment that can be discharged from a construction site was arbitrary and based on flawed analyses. The proposed rule set a limit of 280 “turbidity units” on stormwater discharges from construction sites disturbing more than 10 acres of land at one time. Conceding that it used flawed data, the federal government filed a motion in the United States Court of Appeals for the Seventh Circuit seeking a partial vacature of the final rule and a hold on further litigation until February 2012 to allow the agency time to rewrite the rule. According to figures submitted by the home building industry, the regulations would have cost home builders up to $10 billion annually to comply with the proposed regulations. Wisconsin Supreme Court Halts GAB Rule Regulating Issue Advocacy The Wisconsin Supreme Court this month issued an injunction enjoining the Government Accountability Board (GAB) from enforcing a recently promulgated rule regulating issue advocacy. The order was issued on a 4-3 vote, with Justices David Prosser, Patience Roggensack, Annette Ziegler, and Michael Gableman issuing the injunction. Chief Justice Shirley Abrahamson, and Justices Ann Walsh Bradley and Patrick Crooks were dissenting. The rule promulgated by GAB went into effect August 1. The new rule regulates issue ads by creating a new definition for “communication” under GAB 1.28. The rule creates an irrebuttable presumption that certain communications are “susceptible of no reasonable interpretation other than an appeal to vote for or against a specific candidate,” thus triggering existing obligations and regulations for political speech. According to the complaint, any form of speech that names any person running for political office in the context of discussing a policy issue would trigger numerous regulations, such as filing with GAB and paying a $100 fee; creating a depository account for all expenditures related to the communications; filing an oath for “independent disbursements” prior to any communication subject to the rule; preparing and publishing a disclaimer with every communication identifying the sponsor of the communication; and demonstrating that the person making the communication did not coordinate with the candidate. The parties challenging the rule argue that it creates an unconstitutional restraint on free speech and that GAB did not have authority to issue the regulation absent legislation enacted by the Legislature. In the complaint, the challengers argue that the rule could apply to private communications never before contemplated as political speech, such as emails between two private parties discussing policy issues of the candidates; books and videos published immediately before an election; academic and scholarly work published prior to an election; or even a disgruntled person painting a sign on his or her barn. Similar challenges were brought in federal court, where GAB officials entered into a stipulation agreeing not to enforce the regulations during the upcoming election. PSC Approves Proposed Wind Siting Rules On August 9, 2010, the Wind Siting Council (Council) submitted to the Public Service Commission (PSC) its final recommendations for uniform wind siting rules. The Council was formed by 2009 Wisconsin Act 40 (Act 40), which created a policy framework for uniform local regulations of wind energy systems in Wisconsin. Act 40 directed the PSC to promulgate rules to specify maximum restrictions that a municipality can impose on installation and use of wind energy projects throughout Wisconsin. The 15 member Council included “stakeholders” from various interest groups, as required by Act 40 (property owners, wind developers, realtors, environmental organizations, public citizens, utilities and local government experts). The final recommendations covered a variety of issues: Four members of the Wind Siting Council submitted a minority report (Appendix E, p. 45) to the final recommendations. The minority report argues that a number of the members appointed to the Council did not accurately meet the criteria set forth in the legislation. Specifically, the minority report noted the appointments were stacked heavily in favor of members having direct or indirect financial interests promoting wind development in Wisconsin. The minority report further criticized the failure to adequately address health issues associated with wind turbines. In addition, the minority report argued that the Council failed to provide meaningful noise protections from wind energy systems or shadow flicker. The minority also noted their disagreement with the majority over the issue of whether wind turbines decrease nearby residential property values. Special Legislative Committee Studies Judicial Discipline and Recusal An interim special joint legislative committee has been appointed to study the issues surrounding judicial discipline and recusal. Members of the committee at the first public meeting on August 5 heard competing arguments from two sitting Wisconsin Supreme Court justices. In his address to the committee, Justice Patrick Crooks urged the committee and the Legislature to adopt new rules for judicial discipline and recusal, while Justice Patience Roggensack argued that changes to Wisconsin’s system for disciplining judges and justices is unnecessary. Justice Crooks cited the case against his colleague, Justice Michael Gableman, as evidence why new rules should be adopted. Earlier this year the Wisconsin Supreme Court deadlocked (3-3) on a complaint brought against Justice Gableman for alleged misstatements made in a campaign advertisement during the 2008 election. A lower panel of judges dismissed the complaint brought by the Wisconsin Judicial Commission. In his testimony to the committee, Justice Crooks argued that the case against Justice Gableman did not provide final resolution and that a jury hearing should be allowed if a hearing panel provides no resolution. Justice Roggensack countered that Wisconsin’s current system is effective and that the cases brought against Justice Gableman and another case brought against Justice Annette Ziegler illustrate that changes are unnecessary. The next special legislative committee hearing planned for September will focus on the issue of judicial recusal. This issue was brought to the forefront last year when the League of Women Voters petitioned the Supreme Court to adopt rules for recusal when a party in an action or the lawyers in the case have previously contributed to or spent money in a campaign on behalf of a sitting judge or Justice presiding in the case. The League’s petition sought a $1,000 threshold. The Wisconsin Supreme Court rejected the League’s rule petition and instead adopted rules providing that a judge or Justice is not required to recuse him or herself simply because a party in the case has either contributed to their campaign or issue ads for or against a particular candidate. Some observers note that it appears that groups opposed to the Supreme Court’s new recusal rules are heading to the Legislature to have those rules changed. Hamilton Consulting will provide continuous updates on the committee meetings and its final proposed legislation. Related News GOP candidates take different approaches to bringing about change: Milwaukee Journal Sentinel, Aug. 31, 2010. The four men running in the Republican primary to fill the Assembly seat held by Mark Gundrum for the last 12 years have a lot in common. We go with Zipperer (opinion): Milwaukee Journal Sentinel, Aug. 30, 2010. He has earned the opportunity to play a bigger role in the state Legislature. Riding the rails to U.S. Senate control? Minneapolis Star-Tribune Aug. 29, 2010. Milwaukee-Madison high-speed rail is at the crux of Wisconsin Senate race, a contest crucial to Senate control. Race for Dave Obey's 7th District seat in Congress spurs major ad spending: Wausau Daily Herald, Aug. 30, 2010. Democratic state Sen. Julie Lassa and Republican Sean Duffy, fighting it out. Feingold asserts senatorial independence in re-election bid: Ashland Daily Press, Aug. 26, 2010. Charges that Republican opponent lacks specific agenda. Scott Walker, Mark Neumann differ in key ways: Isthmus Daily Page, Aug. 26, 2010. GOP voters actually face a significant choice in race for governor. Gubernatorial candidate Scott Walker promises 250,000 new jobs in Wisconsin: Wausau Daily Herald, Aug. 25, 2010. Walker said cutting taxes for employers and individuals and eliminating state regulations will be his primary tools for luring more business and industry to Wisconsin. Stevens Point, Portage County leaders get glimpse of Wisconsin Way Blueprint: Stevens Point Journal, Aug. 31, 2010. Imagine paying for fire protection with an annual fee, not property taxes, using sales taxes to pay for part of the cost of running public schools, or letting governments borrow millions of dollars to spur economic development. Rock County sales tax collections falling: Janesville Gazette, Aug. 30, 2010. One half of 1 percent doesn’t sound like much, but multiplied by thousands, it can contribute significantly to county coffers. In 2007, the county took in $6.78 million in sales tax over nine months. As politicians fight, businesses wait for a 'go' sign: Milwaukee Journal Sentinel, Aug. 29, 2010. Businesses afraid to hire or make any long-range plans. Manufacturing and elections (opinion): Beloit Daily News, Aug. 27, 2010. The U.S. economy will be hard pressed to achieve robust lasting recovery with a challenged manufacturing sector. Losing jobs offshore is a bleeding wound. Replacing manufacturing jobs with service-sector work is not the solution. Mortgage rates hit low of 4.36 percent: Wisconsin State Journal, Aug. 24, 2010. Mortgage rates fell to the lowest level in decades for the ninth time in 10 weeks as concerns grow that the economy is weakening. Local unemployment rates decline in July: Wisconsin State Journal, Aug. 25, 2010. Beloit topped the list with 15.9 percent unemployment in July, down from 16.7 percent in June and down from 18.3 percent a year ago. New rules for Wisconsin wind turbine sites unlikely to affect southern Brown County project: Green Bay Press-Gazette, Aug. 31, 2010. The PSC established guidelines for local governments to set restrictions on projects less than 100 megawatts in generating capacity. Biomass assessment vague on emissions, jobs, traffic: Wausau Daily Herald, Aug. 31, 2010. The assessment released Monday serves as the commission's opportunity to suggest improvements to the project plan submitted by We Energies. Harnessing the wind: Milwaukee Journal Sentinel, Aug. 30, 2010. Regulators vote to adopt standards allowing local governments to pay residents living near turbines. Biomass plant requires careful land use: Wausau Daily Herald, Aug. 29, 2010. Maintaining Wisconsin's forests will take responsible practices at every step of the biomass supply chain. Study finds coal plant ash in state is polluting water: Milwaukee Journal Sentinel, Aug. 26, 2010. The analysis of state pollution data by the Environmental Integrity Project, the Sierra Club and Earthjustice comes as the Environmental Protection Agency is considering whether to impose federally enforceable regulations for the first time. An alternative option would leave regulation of coal ash disposal up to the states, as it is now. You'll pay more for little benefit (opinion): Milwaukee Journal Sentinel, Aug. 25, 2010. The really malign thing is that a fortune will be spent not where it might have the biggest effect but, redundantly, where regulators' grip is strongest.