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March 1, 2004

The last few weeks of any legislative session generate a flurry of activity as legislators and interest groups push hard to advance their favorite causes before the bell rings to end the Regular Session. (It is hard to keep score even with a scorecard!)  Some bills move at a rapid pace that wouldn’t have been possible earlier in the session. This session is no exception and AB 909, reported below, is the winner of this session’s zoom award. Assembly Bill 909 was introduced on February 25, reported to and out of the Joint Finance Committee and passed the Assembly the same day, passed the Senate on February 26, and, was signed into law on the 27^th. 

Both Houses are expected to have lengthy calendars on Tuesday, Wednesday and Thursday of each of the next two weeks before adjourning the Regular Session. As previously reported, the Legislature is expected to call itself back into Extraordinary Session later this spring to address a proposed Constitutional Amendment to limit the growth of government spending and perhaps one or two other items. All other bills that have not passed both Houses in identical form are “dead” for this session after the March 11 adjournment.

Policy Developments

Governor Signs Bill to Help Fund Medicaid, Other Bills
On Friday, February 27, Governor Doyle signed several bills, including AB 909, as Act 129. The new law restructures the state debt in order to make appropriations to help fund Medicaid, Public Defenders, and District Attorneys. The bill increases bonding by $175 million and transfers $123.5 million for medical assistance, $9.2 million for public defenders, and $1 million for district attorneys. The final product was the result of numerous negotiations between the administration and legislative leaders. This effort is expected to assist policymakers with funding these programs until long-term solutions for Medicaid can be found. 

The Governor also signed five other bills, including SB 375, relating to comprehensive planning by local governmental units and fees imposed by political subdivisions. 

Last Week’s Legislative Activity
Assembly

The Assembly had busy floor sessions last Tuesday and Wednesday (February 24, and 25), and acted on numerous bills, including:

• SB 100, relating to small business regulatory reform. Passed on a voice vote, as amended by Assembly Substitute Amendment 1.

• AB 658, relating to authorizing a city or a village to abolish its police department and contract for law enforcement services with a county. Passed, voice vote, as amended by Assembly Amendments 1 and 2.

• AB 812, relating to registration of livestock premises. Passed, 97-0, as amended by Assembly Substitute Amendment 1.

• AB 909, relating to refunding public debt that is used to finance tax supported or self-amortizing facilities, transferring moneys from the general fund to the Medical Assistance trust fund.  Passed, 85-11.

• AB 545, relating to falsifying title insurance documents and providing a penalty. Passed, voice vote.

• AB 595, relating to civil liability exemption for claims resulting from weight gain and obesity. Passed, 63-33.

Senate

The Senate action on Thursday, February 26, included the following:

• AB 909, relating to refunding public debt that is used to finance tax supported or self-amortizing facilities, transferring moneys from the general fund to the Medical Assistance trust fund. Concurred in, 24-9.

• SB 365, relating to the cutoff time for receipt of documents for filing and recording with a register of deeds and fees relating to federal tax lien filings. Passed, voice vote.

• SB 428, a trailer bill relating to tax incremental financing (TIF). Passed as amended by Senate Substitute Amendment 1, voice vote.

• SB 471, relating to brownfield revolving loan programs and making appropriations. Passed, 33-0.

• SB 472, relating to making private insurance available to facilitate environmental cleanups. Passed, voice vote.

• AB 595, relating to civil liability exemption for claims resulting from weight gain and obesity. Concurred in.

• SB 444, relating to creating income and franchise tax credits for businesses located in an airport development zone and a loan program for certain construction projects in an airport development zone. Referred to the Joint Committee on Finance.

• AB 669, relating to making various changes in the worker's compensation law.  Passage recommended, 5-0.

Assembly Economic Development:

• AB 859, relating to manufacturing extension center grants. Passage recommended, 9-0.

Assembly Financial Institutions:

• AB 792 relating to high cost mortgage lending. Passage as amended recommended, 15-0. *This bill, if passed, would predominantly mirror federal legislation enacted in 1994, known as HOEPA (or, the Home Ownership and Equity Protection Act) with some additional Wisconsin specific restrictions.

• AB 857 relating to regulating the investments of personal representatives, trustees, conservators, and guardians of the estate. Passage recommended, 15-0.

• AB 890 relating to allowing the board and members of nonprofit corporations to hold meetings and settle issues via electronic communications or electronic ballot. Passage as amended recommended, 15-0.

Assembly Agriculture:

• AB 868, relating to the siting and expansion of certain livestock facilities, local zoning ordinances relating to livestock facilities, creating a Livestock Facility Siting Review Board. Passage as amended recommended, 15-0.

• AB 781, relating to computing expense deductions and amortization and depreciation on property used in farming for income and franchise tax purposes. Passage recommended, 15-0.

Assembly Urban and Local Affairs:

• SB 323, relating to changing the procedures for the incorporation of cities and villages, creating a board to review incorporation petitions, and changing annexation procedures affected by incorporation petitions. Passage recommended, 8-0.

Assembly Housing:

• AB 254, relating to revisions and additions to condominium law. Passage as amended recommended, 5-1.

• AB 902, relating to various modifications to housing loan programs and increasing the bonding authority of the Wisconsin Housing and Economic Development Authority (WHEDA). Passage recommended, 6-0.

Upcoming Legislative Activity
Assembly

The Assembly is expected to have full calendars for Tuesday, Wednesday, and Thursday this week. So far, the calendar for Tuesday, March 2, includes:

•  AB 455, relating to the reduction and recovery of damages and admissibility of evidence in civil actions related to use or nonuse of protective headgear by operators and passengers of motorcycles, all-terrain vehicles, and snowmobiles.

• AB 516, relating to an exemption from the requirement to obtain an air pollution construction permit for certain equipment at a nonmetallic mineral processing facility.

• AB 843, relating to the issuance of debt by natural gas and electric public utilities to finance certain environmental activities.

• SB 272, relating to local government telecommunications utilities and public hearings for ordinances and resolutions authorizing local government cable television, telecommunications, and Internet access facilities.

Senate

The Senate is expected to have full calendars for Tuesday, Wednesday, and Thursday this week. So far, the calendar for Tuesday, March 2, includes:

• SB 100, relating to administrative rule making regarding small businesses, data used by administrative agencies in preparing proposed rules, creating an Internet site for proposed rules, and creating a Small Business Regulatory Review Board.

• SB 71, relating to treatment of prescription drug costs, diagnostic testing, and payments under mandated insurance coverage of treatment for nervous and mental disorders and alcoholism and other drug abuse problems.

• SB 218, relating to the authority of the board of directors of business corporations and corporate committees; corporate shareholder notices and meetings; mergers, conversions, and other business combinations; the transfer of corporate property to certain affiliates; and naming limited partnerships.

• SB 404, relating to electronic transactions and records.

• AB 423, relating to liability for damages caused by dogs.

• AB 560, relating to use of federal registration numbers required for prescribers of controlled substances and providing a penalty.

• AB 651, relating to parental liability for acts of a minor child, recovery of damages for certain criminal actions, increasing the jurisdictional amount in small claims court, garnishment, attorney fees, exemption from execution of accounts, civil actions by collection agencies, earnings garnishment, retail theft, recovery in actions involving worthless checks, and revocation of fish and game approvals for which payment is made by worthless checks.

Upcoming Committee Activity
Joint Finance Committee

The Joint Committee on Finance has scheduled a proposed public hearing for 9:00 a.m. on Tuesday, March 2, in room 412-E, Capitol to address:

• AB 796 and companion bill SB 384, relating to authorizing technical college districts to issue revenue bonds for the purpose of providing services and facilities to businesses.

• AB 811 and companion bill, SB 451, relating to appropriating money to technical college districts for the Wisconsin Advantage Jobs Training Program and making an appropriation.

Other bills will likely be added to JFC’s agenda.

Assembly Committee on Corrections and the Courts

The Assembly Committee on Corrections and the Courts has scheduled a Committee vote on SB 49, relating to expert opinion evidence, for 1:00 p.m. on Wednesday, March 3, in room 400-NE, Capitol. 

Assembly Natural Resources Committee

The Assembly Natural Resources Committee has scheduled a public hearing for Monday, March 1, at 10:00 a.m. in room 300-NE, Capitol. The hearing will address, among other items, the following:

• AB 907 and companion bill SB 471, relating to brownfield revolving loan programs.

• LRB 4310 and companion SB 472, relating to making private insurance available to facilitate environmental cleanups.

Wisconsin Politics

Foti Not Running for Re-election
Assembly Majority Leader Mickey Foti (R-Oconomowoc) recently announced to Assembly members that he will not be running for re-election to the Assembly in the fall 2004 election. In a February 24 newspaper article, Foti cited a desire for more normalcy for his family and interest in a career change as reasons for deciding not to run again. Foti has served for nearly 22 years in the legislature, which represents the longest tenure for current Republican legislators in Wisconsin. Foti has no plans to finish his term early and will continue to serve as Assembly Majority Leader, a post he’s held for eight years, until January of 2005. 

Wisconsinites Allowed to Purchase Prescriptions from Canada
On Wednesday, February 25, Governor Doyle announced the state of Wisconsin has created a new website to allow Wisconsin citizens to purchase prescription drugs from Canadian pharmacies “that the state has determined as safe and reputable businesses.” In launching its website, Wisconsin joins Minnesota as the only two states encouraging their citizens to purchase drugs from Canada in order to receive potentially discounted prices. For more information, visit the new website at: www.drugsavings.wi.gov. 

March is Red Cross Month
The arrival of March brings with it national Red Cross Month. Red Cross Month is aimed at encouraging residents to support their local Red Cross Chapter by donating money, volunteering, and giving blood. Please see the Red Cross press release for information on dates and locations for March Red Cross Month events.

Federal Developments

EPA Cites Deficiencies in Wisconsin’s Air Permit Program
On Tuesday, February 24, the Environmental Protection Agency announced it had determined that Wisconsin’s Title 5 (CAA) air permit program was operating with deficiencies. The EPA issued the Wisconsin Department of Natural Resources an official Notice of Deficiency outlining areas of the program that need improvement and giving the state a deadline to correct these deficiencies in order to comply with EPA regulations.

Political News

With deadline looming, lobbyists gear up: Milwaukee Journal Sentinel, Feb. 29, 2004.

Entrepreneurial bug has bitten: Wisconsin State Journal, Feb. 29, 2004.

Report fuels hopes of recovery: Wisconsin State Journal, Feb. 28, 2004.

Jury awards farm family $850,000 for damage from stray voltage: Appleton Post-Crescent, Feb. 29, 2004.

Owens introduces bill to keep PCBs out of landfills: Appleton Post-Crescent, Feb. 29, 2004.

State board pares list of regulated substances: Green Bay Press-Gazette, Feb. 29, 2004.

Audit finds failures in DNR's air program: Milwaukee Journal Sentinel, Feb. 28, 2004.

Drug costs force many to cut dosages: Milwaukee Journal Sentinel, Mar. 1, 2004.

Law leaves state in Medicare lurch: Milwaukee Journal Sentinel, Feb. 27, 2004.

Medical marijuana advocates praise bill: Oshkosh Northwestern, Feb. 27, 2004.

Assembly OKs bill to shield restaurants from lawsuits: Milwaukee Journal Sentinel, Feb. 26, 2004.

Feds rip state pollution program: Green Bay Press-Gazette, Feb. 25, 2004.

Lautenschlager cited for drunken driving: Wisconsin State Journal, Feb. 25, 2004.

GOP's Foti to quit after term ends: Wisconsin State Journal, Feb. 25, 2004.

Assembly passes conscience clause bill: Janesville Gazette, Feb. 25, 2004.

State's Canadian drug link goes online today: Wisconsin State Journal, Feb. 25, 2004.

Ott gains Democratic foe for area Assembly seat: Appleton Post-Crescent, Feb. 24, 2004.

Time growing short to pass bills this year: Manitowoc Herald Times, Feb. 24. 2004.

Drunk driving penalties severe, but cost is higher: Manitowoc Herald Times, Feb. 23, 2004.

Deadly trends targeted: Oshkosh Northwestern, Feb. 23, 2004.

Rise in traffic deaths confuse DMV: Wausau Daily Herald, Feb. 23, 2004.

Governor, lawmakers spar over debt restructuring: Milwaukee Journal Sentinel, Feb. 22, 2004.

Upcoming Fundraisers

Monday, March 1, 2004:

• St. Rep. Gary Sherman, (D-Port Wing), 5:30 p.m., Milwaukee, WI 

Thursday, March 4, 2004:

• St. Sen. Bob Welch, (R-Redgranite), 8:00 a.m., Madison, WI 

Monday, March 8, 2004:

• St. Sen. Ted Kanavas, (R-Brookfield), 5:30 p.m., Elm Grove, WI

• Assembly Democratic Campaign Committee, 5:00 p.m., Milwaukee, WI