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Jan. 19, 2004
Two major pieces
of economic development legislation should receive final
legislative action this week and both are supported by the
Governor and, therefore, expected to become law in the very near
future. These proposals relate to the oft reported regulatory
reform/Jobs Creation Act and Tax Incremental Financing (TIF).
The bills, AB 655
(regulatory reform) and SB 305 (TIF), have been developed over the course of
the last 12 months with broad-based input, scrutiny and compromise which, in
both cases, required numerous drafting re-writes of often very complicated
and technical issues. Both proposals ultimately garnered support of
legislative leaders as well as the Administration. Legislative leaders and
the Administration also accepted and listened to input from affected parties
and weighed and balanced numerous interests. Final legislative passage and
gubernatorial signature will add to other positive economic development and
jobs initiatives and go a long way toward fulfilling commitments both have
made to improving and enhancing our economy and our reputation as a great
place to live and do business.
AB 655 passed the Assembly
January 13 and will be taken up by the Senate tomorrow, while SB 305 passed
the Senate on November 13, 2003 and will be voted on in the Assembly, also
tomorrow. Additionally this week, the Senate Committee on Judiciary,
Corrections and Privacy will take up SB 126 on Friday, which proposes
several changes to
Wisconsin’s
Product Liability Law. Please see the Hamilton Consulting Group’s Updates on
the following:
Policy Developments
Extraordinary
Session Wrap Up
Assembly:
The Assembly completed its action in Extraordinary Session on
Tuesday, January 13, with passage of
AB 655 - the Jobs Creation Act of 2003. In addition, the
Assembly passed six of the 10 individual bills that were separated
out from the original version of AB 655. Bills passed by the
Assembly in Extraordinary Session last Tuesday included:
-
AB 655, the Jobs Creation Act of 2003, including adoption of
Assembly Substitute Amendment 2 (passed 80-14).
-
AB 727, relating to making patient health care records concerning
health care operations inapplicable to restrictions that apply to release
without informed consent (passed 59-35).
-
AB 729, relating to petitions by certain telecommunications utilities
regarding unbundled network or service elements (passed 57-37).
-
AB 730, relating to the acquisition of in-state banks and in-state
bank holding companies (passed 59-35).
-
AB 732, relating to nonmetallic mining reclamation financial
assurances (passed 58-36).
-
AB 734, relating to partial deregulation of telecommunications
services (passed 57-37).
-
AB 735, relating to strategic energy assessments (passed 57-37).
Senate:
The Senate is expected to conclude its activity in Extraordinary Session on
Tuesday, January 20. At this time, the only bill scheduled for Extraordinary
Session activity is
AB 655.
Regular Session Schedule
Assembly:
The Assembly’s proposed Regular Session schedule for this week includes a
calendar for Tuesday, January 20. The Assembly is expected to take final
action on
SB 305 and
SB 306 relating to substantial changes to
Wisconsin’s
Tax Incremental Financing (TIF) law. See the Hamilton Consulting Group’s
Update on the proposed TIF legislation.
In addition, the Assembly
is expected to vote to ratify six state employment contracts and act on
other items, including:
-
AB 209, relating to allowing an individual income tax deduction for
certain amounts contributed by a great-grandparent, aunt, or uncle to a
college savings account or a college tuition and expenses program.
-
AB 440, relating to advertising by intoxicating liquor retailers.
-
AB 468, relating to exclusion of witnesses from legal proceedings.
-
AB 728, relating to comprehensive planning by local governmental units
and fees imposed by political subdivisions.
-
AB 733, relating to reciprocal agreements for real estate licenses.
-
SB 17, relating to creating a Joint Committee on Court Judgments and
Settlements made on behalf of the state.
-
SB 252, relating to Joint Committee on Finance review of stewardship
acquisitions.
The Assembly members will
be available on Wednesday and Thursday if Senate action requires that the
Assembly convene to address Senate action.
Senate:
The Senate’s Regular Session schedule for this week includes a calendar for
Tuesday, January 20 (following Extraordinary Session schedule) and
Wednesday, January 21. On Tuesday, the Senate will address seven state
contracts and five resolutions. On Wednesday, the Senate is scheduled a vote
on a veto override of
SB 214, relating to concealed carry of weapons. Additionally on
Wednesday, the Senate will take up several bills, including:
-
SB 279, relating to examination and education requirements for loan
originators of mortgage brokers and mortgage bankers. (The Assembly
companion to this bill,
AB 610, is scheduled to receive an Assembly committee vote on the same
day.);
-
SB 326, relating to the deceptive or misleading use of the name of a
state-chartered bank, savings bank, savings and loan association, or
credit union, the deceptive or misleading use of a name that is
deceptively similar to the name of a state-chartered bank, savings bank,
savings and loan association, or credit union, and providing a penalty;
and
-
AB 54, relating to the sale of tax delinquent real property.
Senate Judiciary
Committee to Take up Product Liability Bill
On Friday, January 23, the Senate Committee on Judiciary, Corrections and
Privacy will hold a public hearing and possible executive session on
SB 126, making several changes to
Wisconsin’s
Product Liability Law. The hearing is scheduled for 10:00 a.m. in room 201
SE. Please see the Hamilton Consulting Group’s
Update on the bill’s proposed changes.
Insurance Commissioner Urges Citizen Involvement
On Wednesday, January 14, the Commissioner of Insurance
advised Wisconsin citizens to take a more active approach in their
insurance policies, suggesting that consumers may be able to save
substantial amounts of money by learning about and taking advantage of
potential insurance policy premium discounts.
Elections Board to Consider Issue Ad Rule Implementation
On Wednesday, January 14, the State Elections Board voted 5-4 in favor of
considering implementation of state rules that would reflect new federal
regulations (implementing the McCain-Feingold campaign finance reform law)
prohibiting so-called issue ads, or negative advertisements against a
campaign opponent.
Wisconsin
Politics
Doyle
Delivers State of State
Address
As reported last week, Governor Doyle will deliver his “State of the State
Address" on Wednesday, January 21, to a joint session of the Legislature at
7:00 p.m. in the Assembly Chambers of the State Capitol. The address
will be carried live by Public Television.
Ethics Board Dismisses
Stepp Complaint
On Thursday, January 15, the State of Wisconsin Ethics Board
dismissed the ethics complaint against Sen. Cathy Stepp
(R-Sturtevant). The Dec. 31, 2003 complaint alleged that Sen. Stepp
improperly used her public office to promote legislation (namely, the Jobs
Creation Act of 2003) that would benefit her personal financial interests.
The Ethics Board found that
Sen. Stepp’s activity in relation to the Jobs Creation Act was truthful and
lacked any ethics violation. The Board characterized the issues raised in
the complaint as “essentially political in nature” and without substance.
(See Sen. Stepp’s
press release following dismissal of the complaint.)
George Pleads Not Guilty
On Thursday, January 15, former Sen. Gary George pled not guilty to the
three corruption charges filed against him earlier this month (see last
week’s
Tidbits for details of the January 6 charges.) After
pleading, George was released on his own recognizance pending further court
scheduling.
Kluesner Leaves DNR
On January 15 the Department of Natural Resources (DNR)
announced that Executive Assistant Elizabeth Kluesner would be
leaving the DNR at the end of the month after working for the state agency
for 12 years, part of those years as a legislative liaison for the
Department. Kluesner’s email resignation stated that she plans to spend time
with her family and explore other professional opportunities.
Federal Developments
Federal Court
Rejects Administration Energy Efficiency Rule
On Tuesday, January 13, The U.S. Court of Appeals for the 2nd
Circuit ruled that Department of Energy (DOE) had illegally
altered a previously passed rule relating to energy-efficiency. In
April 2001, the DOE passed a rule calling for a 20 percent
increase in energy-efficiency of air conditioners and heating
pumps by 2006. This rule altered a previous Clinton Administration
rule calling for 30 percent increase in efficiency by 2006. Those
who support the more substantial (30 percent) increase say it will
prove to save consumers more money in the long run and will also
benefit the environment. Opponents, however, say that the more
substantial increase will impose large costs on industry which
will inevitably be passed on to consumers.
Class Action Reform
Legislation May See Revival
In October of 2003 the Senate fell one vote short of overcoming a
filibuster, apparently killing legislation seeking to move a majority of
class-action lawsuits from state courts to federal courts. The bill, which
has already passed the House and has the support of the Administration, may
see a revival in 2004 due to a December compromise that was reached with
Senate Democrats concerned over moving too many cases to federal courts.
Reportedly, the compromise holds most of the original bill intact, yet calls
for an additional category of cases that can remain in state courts.
In a related development,
the Journal of Empirical Studies recently reported on a
study finding that plaintiff awards and attorney’s fees in class action
lawsuits have not been steadily rising. A January 14 New York Times
article relayed the findings of the study. On the same day, the American
Tort Reform Association (ATRA)
controverted the findings, claiming the study was “fatally flawed” for
not taking into account “the handful of egregious state court
jurisdictions—we call them ‘Judicial Hellholes.’”
For information on the
original class action reform bills, dubbed the Class Action Fairness Act of
2003, see
H.R. 1115 and
S. 1751.
Political News
Bill will hike state pensions: Wisconsin State Journal, Jan. 19,
2004.
Sherry power plant still an option: Wisconsin Rapids Daily Tribune,
Jan. 19, 2004.
Bill on permits splits top Democrats: Wisconsin State Journal, Jan.
18, 2004.
Regulation in slow motion (opinion): Milwaukee Journal Sentinel, Jan. 18,
2004.
Pass
improved permits bill (opinion): Milwaukee Journal Sentinel, Jan. 17,
2004.
Gun vote
targets Doyle's big speech: Milwaukee Journal Sentinel, Jan. 16,
2004.
GOP to try to override veto of gun-toting bill: Wisconsin State
Journal, Jan. 16, 2004.
Panel OKs regulatory overhaul: Appleton Post-Crescent, Jan. 16,
2004.
DNR grants
air permit for planned Oak Creek coal plants: Milwaukee Journal
Sentinel, Jan. 16, 2004.
Opponents appeal power-line approval: Stevens Point Journal, Jan.
16, 2004.
Law
would clear 1st drunken driving offenses after 10 years: Milwaukee
Journal Sentinel, Jan. 16, 2004.
Panel to study so-called issue ads: Wisconsin State Journal, Jan.
15, 2004.
Doyle: State is helping businesses: Wisconsin State Journal, Jan.
15, 2004.
Internet,
catalog sales tax bill stalls: Milwaukee Journal Sentinel, Jan. 15,
2004.
Biz
leaders laud North: Madison Capital Times, Jan. 15, 2004.
Commission gives a powerful message (opinion): Wisconsin State
Journal, Jan. 15, 2004.
Midwest Energy makes case for increasing its coal capacity to DNR:
Superior Daily Telegram, Jan. 15, 2004.
DOT bans companies implicated in road project bid-rigging case: Appleton
Post-Crescent, Jan. 15, 2004.
Assembly passes bill easing air, water rules: Wisconsin State
Journal, Jan. 14, 2004.
Permit process bill pushed ahead: Appleton Post-Crescent, Jan. 14,
2004.
Permit-hastening bill clears Assembly: Milwaukee Journal Sentinel,
Jan. 14, 2004. D
Officials surprised by Rayovac move: Wisconsin State
Journal, Jan. 14, 2004.
Rayovac's lesson: Focus on business (opinion): Wisconsin State
Journal, Jan. 14, 2004.
Doyle pushes minimum-wage hike: Appleton Post-Crescent, Jan. 14,
2004.
Doyle
vetoes effort to abandon funding for jobs program: Janesville
Gazette, Jan. 13, 2004.
Builders
charged with bid-rigging: Milwaukee Journal Sentinel, Jan. 14,
2004. 4
Bank robberies up across state, FBI says: Manitowoc Herald Times,
Jan. 14, 2004.
Area legislator announces bid for Welch’s state Senate seat:
Appleton Post-Crescent, Jan. 13, 2004.
Alliant
loses final battle over state law: Milwaukee Journal Sentinel, Jan.
13, 2004.
Permit bill comes with trepidation: Appleton Post-Crescent, Jan. 13,
2004.
Car seat law in process: Oshkosh Northwestern, Jan. 12, 2004.
Upcoming Fundraisers
Monday, January 19, 2004:
Tuesday, January 20, 2004:
Thursday, January 22, 2004:
Monday, January 26, 2004:
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