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May 24,  2004

The Wisconsin Legislature returned to Madison last week in both Extraordinary and Regular/Veto sessions. In the wake of a recent Wisconsin Supreme Court decision that held that the governor had exceeded his authority in last year’s tribal gaming compact agreements, the Legislature adopted a bill requiring legislative approval of such compacts. In addition, the Legislature passed and sent to the governor bills relating to Medicaid and health savings accounts; adopted numerous resolutions memorializing several former legislators and Wisconsin soldiers and veterans; failed to override several vetoes; and, passed a number of Revisor’s corrections bills. (Under Wisconsin law, the Revisor of Statutes Bureau has, among other duties, the responsibility to prepare revisor’s corrections bills that correct errors or resolve conflicts arising from bills that have already been enacted into law. These are all technical, non-substantive bills.)

The Legislature has now adjourned all regularly scheduled legislative sessions and floor periods and has completed a couple of major extraordinary sessions. There continues, however, to be much discussion of a constitutional amendment to control the growth of government spending (often referred to as TABOR) and adoption of statutory “tax freeze” that would sunset in 2007 when the constitutional amendment, if adopted, would likely go into effect. Not all of the details have been released and it is not clear that a consensus has been reached among Republican legislators. Speculation is that leadership would like to have the issues resolved and voted upon in June. Any action would require the Legislature to call itself back once again into Extraordinary Session. We will report further on both of these issues as developments dictate.

In future issues of Tidbits we will also provide a summary and highlights of the 2003-04 legislative session as well as up-to-date coverage of significant candidate and campaign activity as election year activity intensifies.

Policy Developments

Tribal Gaming Compacts
On May 13, the Wisconsin Supreme Court, in a case brought by Senate Majority Leader Mary Panzer and Assembly Speaker John Gard, held that Gov. Doyle exceeded his authority when he agreed unilaterally to a compact term that permanently removes the subject of Indian gaming from the Legislature’s ability to establish policy and make law. Further, the Court ruled that the governor acted without authority by agreeing to allow new games that are prohibited by the Constitution and criminal law and exceeded his authority by agreeing to waive the state’s sovereign immunity. 

With that background, both houses of the Wisconsin Legislature passed AB 998, requiring legislative approval of all tribal gaming compacts. Specifically, the bill requires the governor to submit any proposed compact to a committee of legislative leaders followed by a bill that would be submitted to the full Legislature for a yes or no vote. The Legislature would not have any authority to amend the agreement. If the Legislature were to vote no, the matter would be re-submitted to the governor for renegotiation. 

The governor, who has re-entered negotiations with the tribes, is expected to veto the legislation.

Health Care
Both Houses unanimously passed SB 567, which makes Medicaid changes to respond to certain federal objections, and is aimed at netting the state as much as $70 million, including $17 million in community service debt reduction benefit hold harmless provisions. 

Both Houses also passed, on a primarily party-line basis, SB 568, which makes Health Savings Accounts state tax deductible via a nonrefundable tax credit based on the federal tax deductibility. Speculation is that the governor will veto SB 568. 

Veto Override Attempts
Of the numerous vetoes that were pending, the State Assembly chose the following six on which to attempt an override and record a roll call vote on the respective subject matters:

• AB 323 relating to the Managed Forest Land Program.

• AB 508 relating to refundable tax credits for the zone programs.

• AB 830 relating to UW-Rock County engineering instruction funding.

• AB 259, AB 472 and AB 836 relating to the Milwaukee Parental Choice Program. 

None of the vetoes received the required 2/3 vote and all votes were close to party line with no more than three Democrat votes for any of the overrides.

Political News

Cut new gambling deals quickly (opinion): Wisconsin State Journal, May 24, 2004.

Feingold kicks off run for Senate: Wisconsin State Journal, May 24, 2004.

Tribes may flex financial muscle in fall elections: Milwaukee Journal Sentinel, May 23, 2004.

Doyle, state tribal leaders meet to discuss compacts: Green Bay Press-Gazette, May 22, 2004.

More than $889 million spent to lobby lawmakers in 2003: Milwaukee Journal Sentinel, May 22, 2004.

What recovery? Wisconsin State Journal, May 24, 2004.

If TABOR's their saber, they're dull (opinion): Marshfield News Herald, May 24, 2004.

TABOR admission of legislative ineptitude (opinion): Appleton Post-Crescent, May 23, 2004.

Gard unveils amendment to curb spending: Janesville Gazette, May 21, 2004.

Ho-Chunk to withhold $30 million from state: La Crosse Tribune, May 20, 2004.

Increasing minimum wage gets state support: Green Bay Press-Gazette, May 21, 2004.

Doyle keeps focus on jobs at Paper Council meeting: Green Bay Press-Gazette, May 21, 2004.

State jobless rate improves: Milwaukee Journal Sentinel, May 21, 2004.

Officials put focus on paper sector: Appleton Post-Crescent, May 20, 2004.

Tax breaks backed for health plans: Green Bay Press-Gazette, May 21, 2004.

Hospital report shows shorter stays, higher costs: Madison Capital Times, May 21, 2004.

Senate judge logjam over, Sykes likely to leave soon: Madison Capital Times, May 21, 2004.

Kettl: Unravel myths of state politics (opinion): Wisconsin State Journal, May 18, 2004.

44th Assembly field to increase: Janesville Gazette, May 18, 2004.

County urges public to cut air pollution: Fond Du Lac Reporter, May 19, 2004.

Door County seeks legal advice on air pollution restrictions: Green Bay Press-Gazette, May 19, 2004.

Paper companies’ insurers could face PCB costs: Green Bay Press-Gazette, May 18, 2004.

Lawsuit Seeks To Get Medicare Cost Estimates: Wisconsin State Journal, May 18, 2004.

Bill Would Require Hospital Price Estimate: Wisconsin State Journal, May 18, 2004.

Supreme Court rules governor exceeded authority in gaming compact: Janesville Gazette, May 13, 2004.

Doyle expands drug site listings: Appleton Post-Crescent, May 12, 2004.

Morning-after pill available via hotline: Milwaukee Journal Sentinel, May 11, 2004.

Upcoming Fundraisers

Monday, May, 24:

• U.S. Rep. Tom Petri (R), Neenah, 5:00 p.m.
• Sen. Julie Lassa (D-Plover), Madison, 5:00 p.m.
• U.S. Rep. Ton Kind (D), Milwaukee, 5:30 p.m.

Tuesday, May 25:

• Russ Darrow (R) U.S. Senate Candidate, La Crosse, 5:00 p.m.

Wednesday, May 26:

• Sen. Dale Schultz (R-Richland Center), Madison, 5:00 p.m.
• U.S. Rep. Mark Green (R), Green Bay, 5:30 p.m.

Thursday, May 27:

• Rep. Jim Kreuser (D-Kenosha), Kenosha, 5:00 p.m.
• Sen. Dale Schultz (R-Richland Center), Merrillan, 6:00 p.m.

Tuesday, June 1

• Russ Darrow (R) U.S. Senate Candidate, Saukville, 11:30 a.m. ,

Wednesday, June 2

• Sen. Ted Kanavas (R-Brookfield), Washington, DC, 12:00 p.m.

Thursday, June 3

• Sen. Dale Schultz (R) 3rd CD Candidate, Eau Claire, 5:00 p.m.

Friday, June 5

• Eric Peterson (R) 16th SD Candidate, Oregon, 8:00 a.m.