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Feb. 17, 2006
Despite interruptions caused by
Mother Nature, there was significant committee activity in the
Wisconsin Legislature as members head for the homestretch of the
2005-06 legislative session. Both Houses will be in session during
parts of the next three weeks and perhaps for limited/leftover
business during the last week in April and the first week in May.
This past week also witnessed the arrival of a revised version of a proposed
constitutional amendment to limit the growth of government spending now
being called the Taxpayer Protection Act (TPA) rather than TABOR. While the
concept of lower government spending and lower taxes is obviously very
popular, numerous questions have been raised as to the potential impact on
economic development. (Please see coverage and links below.) In addition,
the use of a constitutional amendment to accomplish the stated purposes has
been questioned. The issue will receive considerable attention over the next
several weeks.
[In order to amend the Wisconsin Constitution, a Joint Resolution containing
the identical amendatory language must pass two successive legislative
sessions and then be approved by a referendum vote of the electorate.]
Next Wednesday features the return of Business Day in Madison, which
includes briefings on key legislative and government issues and
opportunities for visits with legislators and agency officials. The event
attracts business (large and small) leaders, professionals and
representatives from the economic development and service industries. For
information, call WMC at 608-258-3400 or visit
www.wmc.org.
Policy Developments
Highlights of Senate Calendar for
Tuesday, February 21
-
SB-161: relating to civil liability exemption for claims based on
weight gain or obesity.
-
SB-459: relating to the administration and funding of programs
for utility public benefits; renewable energy; energy efficiency and the
energy conservation code; and, anaerobic digestor research.
-
AB-299: relating to shoreland zoning.
-
SB-425: relating to limitations on the
authority of the Department of Justice and the Attorney General regarding
public nuisance actions.
[The
Assembly is also scheduled to be in session and both Houses are expected to
have calendars for Thursday - and possibly Wednesday.]
Selected Bills Recommended for Passage by Legislative Committees
Joint Committee on Finance
-
AB-981: Decreases MA reimbursement and transfers money from general
fund to MA trust fund. Unanimous consent all action taken on SB-535
applied to AB-981.
-
SB-535: Decreases MA reimbursement and transfers money from general
fund to MA trust fund. Am. (LRBa2335/1) increases the reimbursement rate
for nursing homes, adopted, 16-0. Passage as amended recommended, 16-0.
[The
plan approved by JFC would transfer $76.7 million of the state's increased
revenue to the Medical Assistance Trust Fund in order to cover the deficit,
and utilize another $12 million to provide nursing homes with an increase in
their funding.]
Senate Committee on Agriculture and Insurance
Senate Committee on Natural Resources & Transportation
Senate Committee on Economic Development
-
SB-483: Income and franchise tax credit for sales and use taxes paid
on the purchase of internet equipment used in the broadband market.
-
SB-563: Creates income and franchise tax credit for expenses related
to film production services and for capital investments made by a film
production company.
Hearing Held on Proposed Constitutional Amendment to Impose Revenue Limits
On Wednesday, Feb. 15, at a joint hearing of Senate and Assembly
committees, lawmakers debated a measure (SJR-63/AJR-77)
to limit government spending.
The proposed amendment, referred to as the
Taxpayer Protection Act or TPA, follows the same basic blueprint of the
GOP's previous plans, with a few new twists:
-
Increases in governments' revenue would be restricted through a new
formula. Growth would be limited to the average increase in inflation over
the previous three years and part of the increase in property values due
to new construction. Governments could exceed those limits through a
referendum; in the case of state government, the Legislature would have to
vote to go beyond the limits.
-
The
same formula applies to government fees. That provision is designed to
prevent government officials from raising them dramatically to bring in
extra money.
-
The
measure creates a state reserve fund. Any revenue from taxes and fees the
state receives above and beyond the limit must go into the fund.
-
Any
revenue a municipality or school district takes in that exceeds the limit
would be returned to taxpayers.
Supporters of the amendment claim it would limit government spending and
ease Wisconsin's high tax burden. Revenue the governments could collect in
taxes and fees could rise only by the rate of inflation plus population and
construction growth.
Wisconsin Manufacturers and Commerce has launched an
ad campaign in support of the amendment. The amendment has been
criticized by a
UW-Madison analysis, saying it would hurt economic development. Assembly
Speaker John Gard says he intends to bring up the Taxpayer Protection Act
“in the near future.”
Legislative Fiscal Bureau Analysis.
Legislators Create Transportation Study Committee
On Feb. 8th, Dale Schultz, Senate Majority Leader, and Assembly Speaker
John Gard announced formation of the Road to the Future Committee. There has
been growing concern about the widening gap between transportation funding
and needs, especially after the repeal of gas tax indexing.
The
goal of the Committee will be to review both long and short-term
transportation needs, while identifying potential system efficiencies and
revenue options with a view toward “keeping the state’s transportation
system safe, efficient and reliable.”
The
Committee will consider the impact of transferring transportation funds to
other funds in the state budget without legislative oversight, the expansion
of new roads at the expense of maintaining existing roads and how to
reconcile shortfalls in transportation funding. One of the focal points of
the study will be funding of the rebuilding of the Zoo Interchange in
Milwaukee County and of I-94 between Racine and Milwaukee.
The
Committee is charged with completing several interim reports and a final
report by Dec. 15, 2006.
School Choice Agreement Reached
Gov. Jim Doyle and Assembly Speaker John Gard
announced today that an agreement has been reached to increase the cap
on the school choice program, bring new and “stronger” accountability to the
program, and provide funding to help reduce class sizes in Milwaukee and
across Wisconsin.
Governor Doyle and Speaker Gard said that the bill would be introduced when
the Legislature convenes next week. They called on legislators in both
parties to work together to advance the bill quickly so that parents and
students in the program can have certainty about their educational plans.
Booster Seat Bill Becomes Law
Gov. Jim Doyle
recently signed AB-618, the “Child Passenger Safety Bill,” which
requires children up to age eight that are less than 80 pounds and less than
4 feet 9 inches tall to ride in booster or safety seats.
By
signing
AB-618, Wisconsin is eligible for $625,000 in new federal funds this
federal fiscal year, and could receive up to $2.5 million over the next six
years. These federal funds will be used for child safety seat education and
training programs as well as programs that purchase and distribute child
safety seats to low income families.
2006 Business Day in Madison Feb. 22
Members of the Wisconsin business, professional, service and economic
development communities will have the opportunity to meet with legislators
and public policymakers in Madison at the
Fourth Annual Business Day.
The
keynote address will feature Tony Snow, host of Weekend Live with Tony
Snow, FOX News. Gov. Doyle has been invited to discuss the state of the
Wisconsin economy and present his administration's accomplishments and goals
for the future. There will also be an open microphone session with various
cabinet secretaries.
I
will have the privilege of moderating a panel addressing the efforts at
Legal Reform in Wisconsin, which will examine the Supreme Court
decisions, as well as legislative and gubernatorial actions and reactions,
as well as the prospect, if any, for resolution of the crisis. Panel
members: Senator Ted Kanavas, Rep. Mark Gundrum, Heartland Institute
Attorney Maureen Martin and Civil Trial Counsel of Wisconsin President Mike
Crooks.
Contraception Bill Would Limit Access for Teens
Senate Bill 552 aims to limit the family planning services provided to
minors below a certain income by increasing the current minimum age
requirement from 15 to 18 years. The Senate is expected to vote soon on the
measure, but it's not clear when the Assembly would take it up. Gov. Jim
Doyle has said he would veto the measure if it passes both houses.
Good Samaritan Bill Would Protect Builders
A proposal that would exempt contractors from liability lawsuits when
they volunteer their time and heavy-duty equipment for rescue and disaster
assistance received a public hearing on Feb. 9.
The
proposal limits the liability of contractors who volunteer to help rescue,
recovery and cleanup efforts in a disaster or other emergency. Wisconsin
already affords Good Samaritan protection against injury claims to emergency
and public health workers.
Assembly Bill 958 would add immunity to contractors involved in cleanup,
demolition, reconstruction or damage repair work, provided it was at the
direction of a specific local official during an official state of
emergency.
Wisconsin
Politics
Lamb Will Not Seek Re-Election
Rep. Andy Lamb (R-Menomonie) announced last week that he will
not seek a second term to the Wisconsin State Assembly creating an
open seat in the highly competitive 29th Assembly District. Rep.
Lamb cited family considerations for his decision.
Others not seeking re-election, creating open seats are:
-
Speaker John Gard (R-Peshtigo) - running for open 8th congressional
district;
-
Rep. Terri McCormick (R-Appleton) - running for open 8th congressional
district);
-
Rep. Jean Hundertmark (R-Clintonville) - running for Lieutenant Governor;
-
Rep. Gregg Underheim (R-Oshkosh) – not seeking re-election;
-
Rep. Jon Lehman (D-Racine) – running for 21st senate district; and,
-
Sen. Cathy Stepp (R-Sturtevant) – not seeking re-election.
Lastly, Rep. Ann Nischke (R-Waukesha) is running for Waukesha Mayor. If she
wins, that will create another open seat.
Federal Developments
Bush and Cheney Schedule Separate
Visits to Wisconsin
The President is due in Milwaukee to speak at Johnson Controls
next Monday. According to Rick Wiley, executive director of the
state GOP, the President will likely focus his comments on job
creation.
Cheney is scheduled to appear at a fundraising luncheon March 13 in De Pere
for Assembly Speaker John Gard, who is running for Congress.
Political News
Political debate follows large malpractice lawsuit: Fond du Lac Reporter,
Feb. 17, 2006.
Gard: Cheney's visit 'flattering': Green Bay Press-Gazette, Feb. 17,
2006.
Think
smaller, taxpayers group says: Milwaukee Journal Sentinel, Feb. 17,
2006.
A good
start yet deficient (opinion): Milwaukee Journal Sentinel, Feb. 17,
2006.
Lawmakers clash over revenue limits: Milwaukee Journal Sentinel,
Feb. 16, 2006.
Asbestos
bill backers hope for revival: Milwaukee Journal Sentinel, Feb. 16,
2006.
Bush to speak Monday at Johnson Controls: Milwaukee Journal Sentinel, Feb.
16, 2006.
Bill would help revitalize downtowns across state: Marshfield News
Herald, Feb. 16, 2006.
EPA lifts requirements on gasoline ingredients: Milwaukee Journal
Sentinel, Feb. 16, 2006.
Put state students first (opinion): Madison Capital Times, Feb. 16,
2006.
Doctors: Uninsured a big problem: Marshfield News Herald, Feb. 16,
2006.
Committee hears contraceptive bill: Badger Herald, Feb. 15, 2006.
Nursing homes grateful for funds: Beloit Daily News, Feb. 15, 2006.
Age limits
of contraceptive program may be raised: Milwaukee Journal Sentinel,
Feb. 14, 2006.
Bill would
end use of fund to plug state budget holes: Milwaukee Journal
Sentinel, Feb. 14, 2006.
Amendment
hearing is invitation-only: Milwaukee Journal Sentinel, Feb. 14,
2006.
Amendment
would protect beleaguered state taxpayers (opinion): Milwaukee
Journal Sentinel, Feb. 14, 2006.
No, local
control is a better way to deal with taxation (opinion): Milwaukee
Journal Sentinel, Feb. 14, 2006.
Saving
lives by buckling up (opinion): Milwaukee Journal Sentinel, Feb. 14,
2006.
Plan formerly known as TABOR still tough to sell (opinion): Racine
Journal Times, Feb. 14, 2006.
State's
lead paint database has only fraction of rental sites: Janesville
Gazette, Feb. 13, 2006.
The time is
now to end childhood lead poisoning (opinion): Milwaukee Journal
Sentinel, Feb. 12, 2006.
Restore cap for malpractice awards (opinion): Wisconsin State
Journal, Feb. 11, 2006.
Upcoming Fundraisers
Feb. 18
Feb. 20
Feb. 21
Feb. 22
Feb. 26
Feb. 27
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