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April 19, 2004
With the 2003-04 Legislative
Session drawing to a close, we will publish Tidbits
bi-weekly until the fall elections draw near. In addition to
heightened political news, policy developments relating to
development of the 2005-06 Biennial Budget will pick up at that
time. In the meantime, we expect significant activities on
regulatory initiatives such as implementation of the Jobs Creation
Act (Act 118) and federal ozone and mercury initiatives. See our
updated
Summary of the Jobs Act.
Over the past two weeks, Gov. Doyle acted on numerous bills that passed the
Legislature in the final weeks of the session. The governor must take action
on all remaining bills by this Thursday, April 22. We intend to have a
2003-04 session wrap-up report for our next edition. The Legislature may
return in May to approve some state contracts and act on some Revisor’s
corrections bills. It is unclear what action will be taken on the proposed
constitutional amendment aimed at controlling the growth of government
spending, coined the Taxpayers Bill of Rights, or TABOR.
With respect to the Nov. 2nd Election Day, this edition of
Tidbits features an early look at key Senate races that involve open
seats or significant challenges to incumbents. Next will be our take on key
Assembly races. The filing deadline for candidates is June 1, meaning that
the listing of candidates probably will grow.
Policy Developments
Governor Acts on
a Banquet of Bills
The
Governor took action on numerous bills over the past two weeks as
we enter the final week of his deliberations. Some of the
highlights include:
Friday, April 16, 2004
-
AB 508 (Act 267 with a partial veto) relating to the income and
franchise tax credit for sales tax and use tax paid on fuel and
electricity used in manufacturing (partial veto
of all provisions that made the following credits refundable:
development zone and tax credit for job creation or retention and for
environmental remediation, the development zones investment and capital
investment tax credits, and the technology zones tax credit).
-
SB 61 (Act 276) relating to Green Tier and environmental compliance
audits.
-
SB 113 (Act 277) relating to the
review of legislative proposals and proposed state agency rules impacting
energy policies.
-
SB 272 (Act 278) relating to municipal telecom prohibitions.
Thursday, April 15, 2004
-
AB 665 relating to payday lenders (vetoed).
-
AB 792
(Act 257) relating to predatory lending practices.
-
SB 279
(Act 260) relating to loan originator education.
-
SB 326
(Act262) bank name protection bill.
-
SB 261
(Act 255) relating to creating a technology commercialization grant
and loan program, creating an angel investment tax credit and an early
stage seed investment tax credit, facilitating the development of certain
investor networks.
-
AB 859
(Act 256) relating to manufacturing extension center grants.
Tuesday, April 13, 2004
-
AB 323
(Act 228)- Managed Forest Land Program (partial veto)
-
AB 437
(Act 231) - grants towns limited authority to create TIF districts
-
AB 608
(Act 233) relating to changes to smart growth.
Monday, April 12, 2004
-
SB 384 relating to the authorization of technical college districts
to issue revenue bonds to provide services and facilities to businesses
(vetoed).
-
SB 451 relating to appropriating money to technical college districts
for the Wisconsin Advantage Jobs Training Program (vetoed).
Thursday, April 8, 2004
-
SB 340
(Act 197) relating to changes in
unemployment insurance law.
-
SB 435
(Act 198) relating to waiver of a requirement under the
hemophilia treatment program to apply for other coverage.
-
AB 591
(Act 206) relating to recording and
filing documents with the offices of the register of deeds and the
Department of Financial Institutions.
-
AB 678
(Act 214) relating to Towns Highway law
recodification.
-
AB 777
(Act 215) relating to unlicensed motor
vehicle dealers, sales persons and sales finance companies.
-
AB 893
(Act 217) relating to major highway
projects, South East Wisconsin freeway rehabilitation projects and the
Transportation Projects Commission.
Wednesday, April 7, 2004
-
SB 428
(Act 194) relating to TIF trailer bill.
(Please see
HCG Update.)
-
SB120
(Act 186) relating to creating a public
health council; reimbursement for quarantine costs; intrastate mutual aid;
requiring use of incident command system in an emergency; exemption from
liability during a state of emergency; threats to release harmful
chemical, biological or radioactive substances.
Tuesday, April 6, 2004
Monday, April 5, 2004
-
AB 125
(Act 169) relating to maximum allowable
grants under the Private Sewage System Replacement or Rehabilitation Grant
Program.
-
AB 924
(Act 164) relating to calculation of
municipal aid payments.
-
SB 323
(Act 171) relating to changing
procedures for the incorporation of cities and villages; creating a board
to review incorporation petitions; and, changing annexation procedures
affected by incorporation petitions.
-
SB 369
(Act 168) relating to real estate
license reciprocity.
Governor Doyle has 69 bills
to act upon on or before Thursday, April 22. Following are a few, which are
awaiting action:
-
AB 131 relating to the duration of the effect of emergency rules.
-
AB 411 relating to an exemption from requirements for nonmetallic
mining reclamation
-
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 735 relating to strategic energy assessments.
-
AB 830 relating to funding for engineering instruction at the
University of Wisconsin-Rock County.
-
SB 8 relating to withholding certain security information from public
inspection.
-
SB 155 relating to the use of hybrid-electric vehicles by state
officers and employees and residents of this state.
-
SB 324 relating to the Dry Cleaner Environmental Response Program and
the administration of dry cleaning license fees.
-
SB 446 relating to vehicle protection product warranties.
-
SB 471 relating to the brownfield revolving loan program.
-
SB 472 relating to making private insurance available to facilitate
environmental cleanups.
-
SB 484 relating to contracts for services under Medical Assistance
Implementation
of the Jobs Act – Good & Bad
Implementation of the new Chap. 30 provisions of the Jobs Creation Act (2003
Act 118) got off to a rocky start. DNR tried to push through a set of
emergency rules at the March 24 Natural Resources Board meeting that, from
industry’s perspective, would have undercut the Chap. 30 provisions in the
Act.
The rules were
changed at the eleventh hour to address some of the concerns raised by
business groups, including revisions to requirements for
culverts, storm-water
ponds, and the listing of waters of special natural resources interest. The
grading permit provisions were removed and will be worked on separately. The
target deadline to resolve the grading issue is the April 27 Board meeting.
Although some groups wanted the rules further delayed, the
Board approved the
revised rule package at an April 6 teleconference meeting. These
rules go into effect on Apr. 19, 2004.
On a more
positive note, the implementation of the air permit streamlining measures of
the Act appears to be moving forward. Accounts from the “field” include
reports that DNR is issuing waivers allowing construction and installation
of equipment pending permit review. In addition, permit applicants are being
advised of their rights under the Act to appeal proposed monitoring
requirements. We expect DNR will also advance draft rules in June to
implement these and other streamlining provisions (e.g., registration and
general permits). See our updated
Summary of the Jobs Act.
EPA Finalizes Ozone
Designations
On April 15, EPA finalized its nonattainment designations for the new 8-hour
ozone standard. As expected, the six-county
Southeastern Wisconsin area was tagged as one nonattainment area. Those
counties, already designated nonattainment under the 1-hour standard,
include
Milwaukee,
Ozaukee, Racine, Kenosha Washington and Waukesha. These counties are now
classified as a “moderate” nonattainment area with a June 2010 attainment
deadline.
EPA also designated as
separate nonattainment areas Sheboygan, Manitowoc, Kewaunee, and Door
counties. These counties were currently meeting the 1-hour standard.
Sheboygan is classified as moderate, while the other three are put into the
new “basic” classification, with a June 2009 attainment deadline.
The implications of these
designations for Wisconsin are being evaluated by Hamilton Consulting
in the context of EPA’s implementation policies, the first phase of which
was also finalized on April 15. EPA published
sample nonattainment requirements, with additional information located
on
EPA’s designation web pages.
Wisconsin
Politics
Walker, Barrett Win
Milwaukee Elections
On April 6, Milwaukee County Executive Scott Walker handily
defeated challenger David Riemer to retain his job as Milwaukee
County Executive. Walker, who has served as the
County
Executive
since a 2002 special election, defeated Riemer, a former aide to
Gov. Doyle and former Milwaukee Mayor John Norquist, by receiving
57 percent of the vote. County Executive Walker is guaranteed the
job until 2008, however, he has not ruled out a run for Wisconsin
governor in the 2006 cycle.
Also on April 6, former
Democratic U.S. Congressman and gubernatorial hopeful Tom Barrett was
elected Milwaukee mayor in a hotly contested race. Barrett defeated
Acting-Mayor Marvin Pratt 54-46. Pratt has served as mayor since former
Mayor John Norquist stepped down
Jan. 2, 2004. This is only
the second time since 1960 that
Milwaukee residents have elected a new mayor and the first since 1988.
In their respective victory
speeches, Barrett indicated a need to unify the city, create jobs and
improve schools as well as hold the line on taxes. Walker indicated he would
focus on property tax levy reductions in the budgets he submits and find
ways to streamline and clean up county government.
Colon Replaces Krug on Finance
Rep. Pedro Colón has been appointed to replace Rep. Shirley Krug on the
Joint Committee on Finance. Rep. Krug, who had earlier replaced Spencer
Coggs (elected to the Senate in a Special Election), is devoting additional
time to her run for the U.S. House of Representatives for the seat being
vacated by Rep. Jerry Klezcka. Her Congressional run means that she cannot
run for re-election to the State Assembly and would have had to vacate her
Joint Finance seat before next session.
Elections 2004 – Senate
Candidates/Challengers
The 2004 elections will be a hot topic and the focus of much attention from
now until the Nov. 2nd General Election. As mentioned in the
April 5 edition of Tidbits, this week we take a look at Senate
candidates and challengers – either in open seats or running against
incumbents. Thus far, there are three confirmed open seats in the Senate,
which is currently controlled by Republicans 18-15.
Incumbents Gwen Moore (4th
SD), Bob Welch (14th SD) and Mark Meyer (32nd SD) are
not seeking re-election to their Senate seats. Below is a run-down of
announced candidates for those open seats:
-
4th District:
No candidates announced or registered at this time.
-
14th District:
Luther Olsen – Republican from
Berlin;
has served the 41st Assembly District since 1994; Roger Cross –
Republican from Waupaca; former Division of Motor Vehicles administrator.
-
32nd District:
Dan Kapanke – Republican from
La Crosse;
was narrowly defeated by Mark Meyer in 2000. No Democrat has announced or
registered at this time.
The following incumbents
already face challengers in the fall elections. [Please note that
additional candidates may surface between now and the filing deadline of
June 1.]
-
10th District:
Incumbent Republican Sheila Harsdorf faces either Liz Jones or Elise
O’Meara Nooney, two registered Democrats for this historically competitive
seat.
-
12th District:
Incumbent Democrat Roger Breske currently has three Republican challengers
vying to run against the incumbent in another competitive district.
-
16th District:
Many believe that incumbent Democrat Chuck Chvala will not seek
re-election, although he has not made any formal announcement. There are,
however, several candidates looking to represent the 16th
District, including: Republican Eric Peterson, a golf course owner from
Oregon; Democrat Mark Miller, who currently represents the 48th
Assembly District, and Tim Cogar a Sun Prairie Democrat. Rep. Tom Hebl
(D-Sun Prairie) is also expected to enter the Democratic primary.
-
22nd District:
Incumbent Sen. Bob Wirch (D-Kenosha) will face Republican Reince Priebus,
a lawyer, also of Kenosha.
-
24th District:
Incumbent Sen. Julie Lassa (D-Plover), who was elected in April 2003 in a
special election, will face Democratic primary opponent Steven Senski,
also of Plover. The winner of the primary is expected to face Gregory
Swank, a Republican from Rudolph, in the general election.
-
30th District:
Republican David Steffan looks to un-seat incumbent Green Bay Democrat
Dave Hansen, who is finishing his first term.
The next election update
will focus on candidates and challengers in the State Assembly, where all 99
seats are up for re-election.
DNR
Executive Assistant Appointed
DNR Secretary Scott Hassett has
announced the appointment of Mary Schlaefer as the agency’s new
executive assistant. Schlaefer served as deputy secretary for the Department
of Regulation and Licensing since February 2003, and was on Gov. Doyle’s
negotiating team on the Jobs Creation Act.
Political News
Wisconsin towns have a lot to like in bill on annexation:
Green Bay Press-Gazette, Apr. 19, 2004.
Cops tackle spending amendment: Madison Capital Times, Apr. 19, 2004.
Still time for reform (opinion): Madison Capital Times, Apr. 19, 2004.
New city leaders promise fresh ideas: Milwaukee Journal Sentinel, Apr.
19, 2004.
Doyle signs bill to cut pollution: Green Bay Press-Gazette, Apr. 17,
2004.
Rep. Hebl set to seek Senate seat: Madison Capital Times, Apr. 17, 2004.
Leibham seeks views of taxpayers bill: Manitowoc Herald Times, Apr. 16,
2004.
Doyle kills payday loan plan: Milwaukee Journal Sentinel, Apr. 16, 2004.
Manufacturing's slide continues: Milwaukee Journal Sentinel, Apr. 16,
2004.
Doyle signs venture capital bill: Milwaukee Journal Sentinel, Apr. 16,
2004.
Counties cited for poor air quality: Appleton Post-Crescent, Apr. 16,
2004.
EPA raps lake counties on ozone: Green Bay Press-Gazette, Apr. 16, 2004.
Air rules could benefit Door County area most: Milwaukee Journal
Sentinel, Apr. 16, 2004.
Standards change, but region's air still dirty: Racine Journal Times,
Apr. 16, 2004.
Ozone troubles creep north: Milwaukee Journal Sentinel, Apr. 15, 2004.
GOP Senate hopefuls present united front: Janesville Gazette, Apr. 15,
2004.
GOP Senate challenger Michels opens ad battle with call for drug imports:
Milwaukee Journal Sentinel, Apr. 15, 2004.
Ladwig won't seek re-election to Assembly: Racine Journal Times, Apr.
15, 2004.
Vos `95 percent certain' he'll run for Ladwig's seat: Racine Journal
Times, Apr. 15, 2004.
Davis announces run for Assembly: Janesville Gazette, Apr. 14, 2004.
Learn more about the Taxpayer Bill of Rights (opinion): La Crosse
Tribune, Apr. 14, 2004.
Doyle vetoes bills tied to jobs: Milwaukee Journal Sentinel, Apr. 13,
2004.
Doyle signs stalking bill, vetoes limit on OT for some workers:
Janesville Gazette, Apr. 13, 2004.
Donors ignore governors' party labels: Milwaukee Journal Sentinel, Apr.
12, 2004.
Court ruling allowing direct legislation fuels referendum fever: Green
Bay Press-Gazette, Apr. 11, 2004.
Law that sent emergency bills to victims changed: Janesville Gazette,
Apr. 11, 2004.
Local reps challenge tax rights bill: Appleton Post-Crescent, Apr. 10,
1004.
Rep. Mark Green column: Keeping jobs (opinion): Appleton Post-Crescent,
Apr. 10, 1004.
State to toughen stalking law: Wisconsin Rapids Daily Tribune, Apr. 10,
2004.
Legislators: New laws are good for business, economy: Hudson
Star-Observer, Apr. 9, 2004.
State rep seeks another term: Green Bay Press-Gazette, Apr. 8, 2004.
Automatic increases are a poor way to do business (opinion): Hudson Star
Observer, Apr. 8, 2004.
Barrett defeats Pratt 54%-46%: Milwaukee Journal Sentinel, Apr. 7, 2004.
State's 'pork' worth $129 million: Milwaukee Journal Sentinel, Apr. 7,
2004.
Kessler narrowly defeats Schudson: Milwaukee Journal Sentinel, Apr. 7,
2004.
Waterway permit process eased: Milwaukee Journal Sentinel, Apr. 7, 2004.
Justices probe lemon-law disagreement: Milwaukee Journal Sentinel, Apr.
7, 2004.
Lawmakers rewrite taxpayer rights plan: Milwaukee Journal Sentinel, Apr.
6, 2004.
Doyle touts Chinese market for state products, services: Milwaukee
Journal Sentinel, Apr. 6, 2004.
Environmentalists, fishing enthusiasts push for limits on coal plant
mercury: Racine Journal Times,
Apr. 6, 2004.
Ellis: Guts, not amendment, needed to reduce spending: Appleton
Post-Crescent, Apr. 5, 2004.
Environmental Impact statement released for power line: Ashland Daily
Press, Apr. 5, 2004.
Upcoming Fundraisers
Wednesday, April 21
Thursday, April 22
-
Sen. Alberta Darling (R-River Hills), 5:00 p.m., Madison
-
Rep. Leah Vukmir (R-Wauwatosa), 7:00 p.m., Elm Grove
Friday, April 23
Monday, April 26, 2004
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