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April 1, 2005
Next Tuesday,
April 5, is Spring Election Day in Wisconsin. Unlike most other states,
Wisconsin holds
a separate election for “non-partisan” offices. The
Wisconsin
tradition treats most local offices, all judicial posts and the
State Superintendent of Public Instruction as “non-partisan”
positions where candidates run unaffiliated with political parties
and at a time of the year divorced from elections for partisan
offices such as Governor and the State Legislature. There are very
important mayoral and local governing body elections as well as
trial and appellate court judicial elections. There is a statewide
ballot to amend the constitution to expand the terms of certain
county offices and a contested statewide election for the
constitutionally created, non-partisan position of Superintendent
of Public Instruction. (The race for Supreme Court Justice is
uncontested this year.) These are important decisions to be made
by Wisconsin electors and we urge you to once again exercise the
very important right to vote and help influence public policy at
the state and local levels.
Policy Developments
Business Groups
Testify for Jobs Creation Act II
Business groups came out to support passage of what has been
coined Jobs Creation Act II at the March 31 hearing before
the Assembly Judiciary Committee. The focus of the initiative,
AB 278, was litigation reform, with groups such as
Wisconsin Manufacturers & Commerce, Wisconsin Economic Development
Association, and Civil Trial Counsel of Wisconsin citing the importance of a business-friendly
litigation environment as one of the most important considerations
in a company’s decision to expand or locate in a state.
It was noted that Wisconsin has seen its national ranking for
2005 drop from 11th to 17th on this important
benchmark. According to proponents of the bill, several policies contained
in AB 278 are intended to help reverse this trend:
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The bill would limit the
admissibility of “junk science” presented as expert testimony by aligning
our laws with the federal court system and the majority of other states.
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The bill limits the
ability of the Attorney General and local units of government to bring
public nuisance suits against businesses that are in full compliance with
applicable laws.
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The bill removes an
impediment to attracting venture capital and other investment to Wisconsin
by eliminating the current statutory provision that creates shareholder
liability for wages owed to a corporation’s employees.
AB 278 also allows tool and die manufacturers to place a lien
on tools and dies manufactured for a customer, which is a right currently
afforded other businesses.
There was also substantial opposition to the bill. Attorney
General Peg Lautenschlager testified against the nuisance provision, while
the plaintiffs’ bar opposed the proposed changes to the admissibility of
expert testimony. Nevertheless, we expect support for the measure by the
committee and the full Assembly.
Environmental Groups Attack
Jobs Creation Act Trailer Bill
At a March 30 hearing before the Assembly Natural Resources Committee,
environmental groups criticized a bill many believed was merely a “technical
trailer” to last session’s Jobs Creation Act,
2003 Wis. Act 118. The bill,
AB 277, should not to be confused with JCA II, noted above, which
contains new policies relating to litigation reforms. AB 277 changes certain
air permitting provisions in Act 118 by:
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Clarifying that the law
relating to certain challenges to an emission limitation in an air
pollution permit are governed by requirements in place before Act 118.
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Specifying that DNR
sources that obtain general operation permits are not required to obtain a
construction permit, consistent with provisions for the new, streamlined
registration permits.
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Clarifying that
registration operation permits do not expire unless a set term is
requested by the owner/operator, needed to assure compliance, or required
by the Clean Air Act.
The bill also would require the Department of Administration
to prepare a report that identifies regulatory barriers to the growth of
this state’s manufacturing sector.
Environmental groups such as the Midwest Environmental
Advocates testified that the bill would allow greater air emissions. Their
position was in direct conflict with testimony in support of the bill by the
DNR. Mary Jo Kopecky, Deputy Administrator of DNR’s Air & Waste Division,
testified that the bill will not affect air quality in that it merely
adds “clarity and will assist in the implementation of those changes made
under 2003 Wisconsin Act 118.” The Doyle Administration and business groups
also support the bill.
Assembly and Senate in Session next
week
The Wisconsin State Assembly is scheduled to be on the floor
Tuesday and Thursday of next week while the Senate plans to meet
on Tuesday only. The Assembly calendar for next Tuesday includes:
AB 6 relating to income tax
deduction for medical insurance premiums;
SB 79 relating to rate-making
principles applicable to certain electric generating facilities;
and,
SB 83 relating to technical
changes to the TIF law. Thursday’s calendar will be set early next
week. The Senate on Tuesday will take up several gubernatorial
appointments as well as
SB 17 providing carry forward of a school district’s unused
revenue limit authority and
SB 68 supplementing special
education funding with lapsed SAGE contract monies.
Joint Finance Briefings Continue
The Legislature’s Joint Finance Committee (JFC) held briefings by state
agencies on Tuesday, Wednesday and Thursday of this week. The committee will
reconvene next Wednesday for its final day of agency briefings, including
the departments of Administration, Corrections, Transportation and Justice
and the Office of the Commissioner of Insurance. JFC voting on budget items
is scheduled to begin on April 12.
Supreme Court Hears Arguments on Oak Creek Case
On Wednesday, March 30, the Wisconsin Supreme Court heard oral arguments
regarding the legality of the Wisconsin Public Service Commission’s (PSC)
November 2003 approval of the $2.15 billion expansion of We Energy’s Oak
Creek Power Plant. Much of the oral argument before the Court centered on
whether the PSC’s approval violated the state’s energy priorities plan.
Attorneys for We Energies filed a request with the Court asking for a
decision by May 15 in order for the company to meet certain contract
requirements and to avoid additional monetary penalties and the potential
for contract re-negotiations. Two Justices publicly expressed concerns about
feeling pressured by the timing request and expressed the need to do a good
job in rendering its decision. The Chief Justice, at the conclusion of the
hearing did say that the Court “would meet as soon as possible” on the case.
PSC Chair Burnie Bridge Stepping Down – Dan Ebert Named as Replacement
Governor Jim Doyle
has named Burnie Bridge as Division Administrator of the Division of
Children and Family Services at the Department of Health and Family
Services. The former Deputy Attorney General to Jim Doyle, Ms. Bridge has
served as PSC Chair since 2003. Governor Doyle named Dan Ebert, who now
serves as Public Service Commission Executive Assistant, both as a
Commission member and as Chair of the PSC. Dan Schooff, currently the
Division Administrator for the Division of Energy at the Department of
Administration, will replace Ebert as Executive Assistant at the PSC.
Lawmakers Introduce Bill to Stop Automatic Gas Tax Increase
The state's automatic indexing law, enacted by bipartisan legislation in
1985, automatically increases the gas tax for inflation on April 1 of each
year. In the 20 years since its implementation, gas taxes have risen from
19.5 to 32.1 cents per gallon. Friday's increase will raise it to 32.9 cents
per gallon, and the non-partisan
Legislative Fiscal Bureau estimates the increase will raise an
additional $365.8 million in 2005 alone. Opponents of eliminating the
indexing argue that the potential for higher increases would exist since
legislative action would likely not be limited to fraction increases, and
point to the needs and benefits of maintaining the state’s transportation
infrastructure.
Communities Receive Brownfields Site Assessment Grants
As part of Governor’s “Grow Wisconsin” Plan, 31 communities across the
state
have been awarded grants to fund projects that will redevelop
Brownfields. The grants provide seed money to local governments for
demolition, environmental assessments, and removal of abandoned tanks and
containers. They provide seed money to local governments for demolition,
environmental assessments, and removal of abandoned tanks and containers.
Governor Doyle’s 2005-07 Budget has earmarked $3.4 million for the DNR’s
Brownfields SAG program.
Tax Credits Aimed at Helping Businesses Retain and Create Jobs
On March 24 Governor Doyle highlighted a
proposed expansion of the Enterprise Development Zone Program included
in his budget proposal. This proposal will make available $120 million in
existing authorized tax credits for economic development projects to create
and retain jobs.
Doyle Announces $750,000 in Community-Based Economic Development Grants
Governor Doyle has awarded grants to 24
Wisconsin community-based organizations to share 26 grants totaling
$753,100 as part of his Grow Wisconsin Initiative that calls for investing
in communities by promoting entrepreneurship and business development.
The
CBED Program is designed to promote local business development in
economically distressed areas. The program awards grants to community-based
organizations for development and business assistance projects and to
municipalities for economic development training. The program also helps
community-based organizations plan, build, and create business and
technology-based incubators, and can also capitalize an incubator tenant
revolving-loan program.
Doyle Details Environmental Cooperative Agreement Between the State & 3M
A recent agreement between the state of Wisconsin and 3M Corporation
will spur construction on three expansion projects, reduce hazardous
pollutants, and encourage efficient energy use. The agreement is one of a
number of pilot efforts aimed at negotiating environmental agreements with
companies to reduce emissions of pollutants, focusing on environmental
management systems to track specific objectives and targets, and to seek
more flexible ways for the Department of Natural Resources to work with
industry.
The
effort at Menomonie already is a success with the company committing to a
voluntary cut in air emissions. The signing of the agreement last December
has already allowed 3M to move on three construction projects.
Wisconsin Politics
Spring Election--April 5, 2005
State Constitution
Wisconsin voters will have the chance to amend the state constitution
with a vote during the
spring nonpartisan election held on April 5.
Senate Joint Resolution 2, which provides for four-year terms of office
for certain county officers such as coroners, district attorneys, and county
clerks, was adopted on February 17 and will appear as a referendum on the
April ballot.
Supreme Court
In the statewide election of a Wisconsin Supreme Court Justice, Ann
Walsh Bradley, the incumbent, faces no opposition in the April 5 election.
Justice Bradley was in private practice until becoming a circuit court judge
in Marathon County in 1985. She was elected to the Wisconsin Supreme Court
in 1995. Her term expires in July.
DPI
In the race for State Superintendent of Public Instruction,
Elizabeth Burmaster will face a challenge from State Representative Gregg
Underheim of Oshkosh for a four-year term leading the Department of Public
Instruction. Underheim was a teacher, owned a small business and worked for
U.S. Rep. Tom Petri, R-Wis., before he was elected to the State Assembly in
1987. Burmaster, who is seeking a second term, was first elected in 2001.
The Principal at Madison West for nine years, Burmaster was also a music and
drama teacher.
Supreme Court Releases Opinion Regarding Lawmakers’ Charges & Trials
The Wisconsin Supreme Court ruled on March 23 that felony charges of
misconduct against current and former legislators and a legislative aide do
not violate the separation of powers under the Wisconsin Constitution.
The
Supreme Court's decision makes clear that district attorneys, who are
part of the executive branch of state government, can charge lawmakers, who
are part of a separate but equal branch and cleared the way for trials based
on those charges.
The
Court did, however, split 2-2 (3 Justices not participating) on arguments
from legislators that the charges should be dismissed because no specific
law or rule states how they and their staffs must act. That split upheld a
Court of Appeals decision, which stated that legislators had ample warning
that campaigning on state time was illegal.
Political News
Doyle proposals target vote fraud: Appleton Post-Crescent, Apr. 1,
2005.
Ebert appointed chairman of PSC: Green Bay Press-Gazette, Apr. 1,
2005.
Review
indicates 278 felons cast ballots illegally in state: Milwaukee
Journal Sentinel, Apr. 1, 2005.
Yes
to vital state funding (opinion): Milwaukee Journal Sentinel, Apr.
1, 2005.
Bill touted
to bolster business climate: Milwaukee Journal Sentinel, Apr. 1,
2005.
School
challenger goes on offensive: Milwaukee Journal Sentinel, Apr. 1,
2005.
Vote to retain Burmaster (opinion): Green Bay Press-Gazette, Apr. 1,
2005.
Battle For DPI: Wisconsin State Journal, Mar. 31, 2005.
Schools
race to get cash infusion: Milwaukee Journal Sentinel, Mar. 31,
2005.
Bill would restrict sale of medication used to make meth: La Crosse
Tribune, Mar. 31, 2005.
State
prescription drug plan expanding: Milwaukee Journal Sentinel, Mar.
31, 2005.
Regional unemployment rates higher in February: Ashland Daily Press,
Mar. 31, 2005.
Oak Creek power plant suit goes before state high court: Appleton
Post-Crescent, Mar. 31, 2005.
Carmakers, Feds Sign Deal For Fuel Cell Cars: Wisconsin State
Journal, Mar. 31, 2005.
High Court Hears Power Plant Case: Madison Capital Times, Mar. 31,
2005.
Milton
residents express ethanol plant concerns: Janesville Gazette, Mar.
31, 2005.
GOP aims to ease biz rules: Madison Capital Times, Mar. 30, 2005.
License fee hikes needed, DNR says: Marshfield News Herald, Mar. 30,
2005.
Deal gives
hope to pollution regulation: Milwaukee Journal Sentinel, Mar. 30,
2005.
Gas tax
adds to pain at the pump: Milwaukee Journal Sentinel, Mar. 30, 2005.
Push on to End Automatic Gas Tax Hikes: Madison Capital Times, Mar.
30, 2005.
Group Eager to Help Startups: Wisconsin State Journal, Mar. 30,
2005.
Partner Benefits Opposed: Wisconsin State Journal, Mar. 30, 2005.
Spring election to be conducted April 5: Sawyer County Record, Mar.
30, 2005.
Conservationists debate cloning rare species: Milwaukee Journal
Sentinel, Mar. 29, 2005.
Cloning
outpacing ethics (opinion): Milwaukee Journal Sentinel, Mar. 29, 2005.
Tax question to be posed to voters: Wausau Daily Herald, Mar. 28,
2005.
Mercury analysis overlooked in rulemaking (opinion): Ashland Daily
Press, Mar. 28, 2005.
Mercury rule too weak (opinion): Milwaukee Journal Sentinel, Mar.
28, 2005.
State's
landfills may grow: Milwaukee Journal Sentinel, Mar. 28, 2005.
Don't Blame Business For High Taxes (opinion): Wisconsin State
Journal, Mar. 27, 2005.
Who should pay for mandated bills? La Crosse Tribune, Mar. 25, 2005.
Tax freeze
would have significant impact on northern Wisconsin: Lakeland Times,
Mar. 25, 2005.
Businesses targeted for tax credits: Appleton Post-Crescent, Mar.
25, 2005.
It's more
than economics (opinion): Milwaukee Journal Sentinel, Mar. 25, 2005.
A push for
equal prosperity: Milwaukee Journal Sentinel, Mar. 23, 2005.
Upcoming Fundraisers
Friday, April 1
Monday, April 4
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U.S. Rep. Mark Green (R), Madison
-
Sen. Russ Decker (D-Schofield), Wausau
Thursday, April 7
Friday, April 8
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