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Sept. 16, 2005
The
Wisconsin
Legislature will meet next week for the first time since passing
the state budget in early July. Without the distraction of the
State budget, the Legislature is expected to address a
wide-ranging list of topics before final adjournment next March.
We look forward to spirited debate on many key issues.
As the Legislature returns,
a major change is occurring in the Administration with the changing of the
guard at the Department of Administration. Marc Moratta, who has been at the
Governor’s side for nearly three years, including two major budgets and
significant regulatory reform, is departing from the Administration to be
replaced by a former cabinet secretary and insurance CEO, Steve Bablitch.
We look forward to sharing
the developments and our insights as the process moves forward.
Policy Developments
Fall Session Begins on Sept. 20
Both Houses of the Wisconsin Legislature return to Madison
next week. The Assembly calendar for September 20 includes efforts
to override five of the Governor’s Medical Assistance vetoes
relating to nursing home rate increases; pharmacy reimbursement
rates for brand name prescription drugs; pharmacy reimbursement
dispensing fees; outpatient hospital reimbursement rates; and,
Bariatric surgery prohibition.
Assembly Majority Leader Mike Huebsch announced that the Assembly will have
floor sessions on Thursday, September 22 and Tuesday, September 27 in
addition to Tuesday, September 20. The legislature will also be meeting the
last week of October and the first two weeks of November.
Senate Majority Leader Dale Schultz has highlighted liability reform,
healthcare, state contracting and higher education among the issues he
expects the Legislature to address over the next few months.
Eminent Domain Bill Introduced; Hearing Scheduled
There has been much discussion and debate in Wisconsin and nationally in
the wake of the United States Supreme Court decision in Kelo v. New
London. The case, which deals with eminent domain powers, was handed
down in June of this year. (Please see
July 8 edition of Tidbits for a brief discussion and link to the Court’s
opinion.) Earlier this week,
AB 657, which prohibits the condemnation
of property under certain conditions, was introduced as a result of the
Kelo decision. The Assembly Committee on Property Rights and Land
management immediately scheduled a public hearing on the bill for 10:00
a.m., next Tuesday, September 21.
The
committee will also be hearing
AB 656, which allows evidence of business
income to be used in determining fair market value of a property acquired by
eminent domain even where there is evidence of the sale of comparable
property.
Medical Malpractice Task Force Schedules First Working Session
The task force charged with reviewing the recent Wisconsin Supreme Court
decision that struck down caps on noneconomic damages in medical malpractice
cases will meet on September 29 to begin discussing ideas, recommendations
and legislative proposals. The two previous meetings of the task force were
devoted to receipt of public testimony from invited speakers in the medical,
legal, and insurance industries. The task force is expected to complete its
work not later than mid-October.
DNR Study: Ethanol Mandate Increases Ozone Pollution
A new
study by the Wisconsin Department of Natural Resources (DNR) has found
that mandating ethanol in gasoline will worsen the state’s ozone problem and
increase regulatory burdens on businesses. The controversial issue is being
debated by lawmakers and others in response to bills (AB-15/SB-15)
that mandate regular 87 octane gas be blended with 10 percent ethanol.
The
DNR report states that the ethanol mandate will increase NOx emissions up to
13 tons per day, which according to DNR is equivalent to:
-
Twice as much as the NOx decrease Wisconsin got from its motor vehicle
inspection and maintenance program in Southeastern Wisconsin; or
-
About as much NOx emissions as emitted by a 350 Megawatt coal-fired power
plant.
In a
response to the study,
Wisconsin Manufacturer’s and Commerce has emphasized the finding that
should an ethanol mandate become law it will impose additional regulatory
burdens on Wisconsin business.
Marotta Leaving; Doyle Appoints Steve Bablitch as DOA Secretary
Former Dept. of Corrections Secretary
Steve Bablitch will return to state government as Department of
Administration Secretary on October 3, when current DOA Secretary Marc
Marotta leaves.
Bablitch, former president and chairman of Blue Cross Blue Shield of
Wisconsin (Cobalt), served as the first secretary of the state Department of
Corrections from 1990 through 1991under then Governor Tommy Thompson.
Previously Bablitch served as Deputy District Attorney for Dane when
Governor Doyle was the Dane County DA.
Governor Doyle Accepts Report on Homeland Security in Wisconsin
The
Wisconsin Homeland Security Council recently completed the
2005 Report detailing ongoing state efforts to improve homeland security
measures in Wisconsin. This report outlines some of the many measures that
state agencies have enacted to strengthen homeland security efforts, with a
focus on:
-
Prevention – identifying and protecting critical infrastructure assets
while improving the ability of state and local agencies to gather,
analyze, and share information about terrorist activity.
-
Response – recognizing and closing existing gaps in emergency response
capabilities as well as ensuring effective coordination of state and local
emergency response teams.
-
Recovery – ensuring that the necessary resources are in place to enable an
effective recovery from a terrorist attack on the part of both private and
public entities.
Governor Doyle received the report from Major General Albert Wilkening,
Wisconsin Homeland Security Advisor. Doyle also proclaimed September
"Preparedness Month" in Wisconsin.
Federal Judge Dismisses Greenhouse Gas Lawsuit
On Sept. 15, a federal judge dismissed a lawsuit brought by several states
and environmental groups aimed at forcing five of the country’s largest
power producers to cut carbon dioxide emissions. Peg Lautenschlager,
Wisconsin AG, joined her counterparts from six other states in the federal
court action.
The
court found that the requested relief was “transcendently legislative’ and
thus could not be imposed by a court without violating separation of powers
and the judicial doctrine that prohibits courts from reviewing non-justiciable
political questions. Legislative policies the AGs requested the court decide
included determination of proper levels of greenhouse gas emissions,
necessary reduction levels for each company and appropriate impacts on U.S.
national security and international treaty negotiations, among others.
Minimum Mark-Up Bill Stalls in Committee
The bill to repeal the state's minimum mark-up law on gasoline was
defeated (3-2) in the Senate Judiciary, Corrections and Privacy Committee on
Tuesday.
The
minimum markup law, which has been in place since the 1930s, requires
wholesalers to mark up their prices by at least 3 percent and retailers by
at least 6 percent. Legislation was introduced earlier this year by two
Republican lawmakers to repeal the law and the repeal is supported by Gov.
Doyle.
Committee Chair Sen. Dave Zien (R-Eau Claire) and Sen. Carol Roessler
(R-Oshkosh) voted in favor of the bill to end the minimum mark-up law. Sens.
Glenn Grothman (R-West Bend), Fred Risser (D-Madison) and Lena Taylor
(D-Milwaukee) voted against the bill. There may be efforts to determine if
there can be a compromise position.
Committee Rejects Seat Belt Primary Enforcement
On September 8, the Assembly Transportation Committee on a vote of 6-7
failed to support legislation to authorize officers to issue tickets for
failure to wear seat belts as a primary violation.
Current law allows citations for failure to wear seat belts only after there
has been a stop for other alleged infractions.
PSC: Forward Energy Wind Project is Right for Wisconsin/Denies Rehearing
The Public Service Commission of Wisconsin affirmed its July approval of
the state’s largest clean energy project when it denied a petition for
rehearing of the decision. The PSC
outlined the greater environmental benefits to air and water that
outweigh concerns regarding its impact on Horicon Marsh.
In
denying the petition, the PSC said its order issued July 14, 2005 recognized
those concerns and required a larger buffer zone between the wind turbines
and the marsh, as proposed by the U.S. Fish and Wildlife Service. The
Commission’s decision requires that turbines must be at least two miles away
from the Horicon Marsh to protect the wildlife. On average, turbines will be
four to 4.5 miles away from the marsh.
Brown to Review Wisconsin’s Disaster Response Preparedness
In an effort to help safeguard Wisconsin from the effects of
catastrophic disasters, Sen. Ron Brown (R-Eau Claire) has announced plans to
pursue an evaluation of the state’s ability to respond to a major disaster.
Public officials and private sector representatives will be invited to
committee hearings to develop practices and procedures for preventive
measures that would be needed in an emergency.
Partnership Aims to “Grow Milwaukee”; State to Contribute Funding
Governor Jim Doyle
recently announced that the state will provide
$500,000 from the Department of Commerce for the Greater Milwaukee Economic
Development partnership. The regional collaboration will bring together
public and private sector leaders from seven counties including Kenosha,
Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha Counties.
The $12 million, five-year campaign will focus on the attraction and
retention of companies creating high-end jobs. The plan was announced
September 12 by Milwaukee Mayor Tom Barrett and three dozen civic and
political officials.
The
initiative was designed by the leadership of
the Greater Milwaukee Committee and the Metropolitan Milwaukee Association
of Commerce. A 30-member Economic Development Council will oversee and
implement plans for the initiative.
Report: Wisconsin Economic Forecast Positive
The general outlook for Wisconsin employment is for continued growth,
but at a subdued pace to coincide with population growth.
According to the
State of Wisconsin’s Economic Outlook report released last week, total
general purpose revenue tax collections for the state fiscal year ending
June 30, 2005, totaled $11.4 billion. That represents an increase of 6.6
percent from FY 2004 collections of $10.7 billion.
The
report shows that on a per capita basis, real income in the State is
forecast to increase by about 2.7 percent this year and by 2.9 percent in
2006. On average, real per capita income growth in Wisconsin is expected to
exceed real per capita income growth in the nation by 0.15 percent annually
from 2006 to 2010. Employment growth is expected to average 1.2 percent
suggesting that productivity, a hallmark of a society’s economic well being,
is advancing steadily.
DWD Healthcare Report Released/September is Workforce Development Month
The Department of Workforce (DWD) released the first annual
Wisconsin Health Care Workforce Annual Report, coinciding with Gov.
Doyle’s proclamation of September as Workforce Development Month in
Wisconsin.
According to the Department, the purpose of the report is to illustrate:
-
Expected growth in the health care field and related projections for
occupation demand;
-
Graduation numbers for students in key health care fields;
-
Statewide and regional innovative approaches currently being taken to
address the shortage; and
-
Focus areas identified by the Select Committee on Health Care Workforce
Development.
In
Wisconsin, job totals are projected to increase 13.3 percent by 2012, while
growth in health care jobs is expected to be 30.3 percent - or more than
10,000 health care jobs annually over the next ten years for both new and
replacements jobs. Nationally, the health care industry could add 3.5
million new jobs by 2012, an increase of 30 percent.
Political News
Ethanol
rule would harm air, DNR says: Milwaukee Journal Sentinel, Sept. 15,
2005.
GOP
lawmakers aim to override 3 vetoes: Milwaukee Journal Sentinel,
Sept. 15, 2005.
EPA says
no to waiving gas blend requirements: Janesville Gazette, Sept. 15,
2005.
Nursing homes want Medicare funds restored: Racine Journal Times,
Sept. 15, 2005.
State leads nation in physician costs:
Milwaukee Journal Sentinel, Sept. 15, 2005.
Health costs
keep rising: Milwaukee Journal Sentinel, Sept. 15, 2005.
Bush
declares refugee emergency, makes aid available in Wis.: Janesville
Gazette, Sept. 15, 2005.
Doyle orders disaster plan updated: Madison Capital Times, Sept. 15, 2005.
Former state lawmaker dies at 87: Marshfield News Herald, Sept. 15,
2005.
Milwaukee has no mass evacuation plan, officials say: La Crosse
Tribune, Sept. 14, 2005.
Minimum mark-up repeal stalls in committee: Appleton Post-Crescent,
Sept. 14, 2005.
GOP will try veto override: Madison Capital Times, Sept. 14, 2005.
Bill would make buying home in state easier: Green Bay
Press-Gazette, Sept. 13, 2005.
Red Cross holds training for hurricane-help volunteers: Sheboygan
Press, Sept. 11, 2005.
Three now vie for 40th district: Appleton Post-Crescent, Sept. 10,
2005.
Rep. Lehman challenging Sen. Stepp: Racine Journal Times, Sept. 10, 2005.
Lawmaker pushes
for suspension of gas tax: Milwaukee Journal Sentinel, Sept. 9, 2005.
Rural Clinics Fear Impact Of Cap: Madison Capital Times, Sept. 9,
2005.
Doyle: EPA ‘dragging feet’ on gas waiver: Appleton Post-Crescent, Sept. 8,
2005.
Gard puts jobs high on election platform: Green Bay Press-Gazette,
Sept. 7, 2005.
Gard kicks off campaign today: Appleton Post-Crescent, Sept. 6,
2005.
Cloning,
immigration force lawmaker into limelight: Milwaukee Journal
Sentinel, Sept. 7, 2005.
Oil Prices: A Sticky Situation: Wisconsin State Journal, Sept. 6,
2005.
The 85% answer: Drivers seek lower fuel costs with ethanol blend:
Appleton Post-Crescent, Sept. 5, 2005.
Green asks EPA to waive gas blend requirements: Appleton
Post-Crescent, Sept. 5, 2005.
Upcoming Fundraisers
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