Wisconsin political news for
clients and colleagues.
Previous issues of
Political Tidbits can be found at Tidbits Archive.
Click here to begin your free subscription.
Sept. 30, 2005
Ever since the United States
Supreme Court handed down its ruling in the Kelo case
earlier this year, legislatures around the country, including
Wisconsin, have responded by introducing property rights
legislation. While the decision in Kelo probably did not
change Wisconsin law, and while condemnation has not been abused
in Wisconsin, the case heightened awareness of potential takings
of individual dwellings for purposes of third party development or
redevelopment. The State Assembly passed a bill this week (see
article below) which is likely to be addressed by the Senate later
this fall.
As
frequently noted in Tidbits, civil justice issues are likely to
highlight legislative activities in the October/November floor period. While
several bills were introduced some time ago, others are in drafting, and the
Special Speakers Task Force on Medical Malpractice is nearing completion of
its assignment, having scheduled its final meeting for next Thursday.
Governor Doyle this week unveiled Grow Wisconsin 2005, intended
to provide additional boosts to the state’s economy. Many of the
Governor’s recommendations are likely to be included in upcoming legislative
debates.
Policy Developments
Eminent Domain Bill Passes Assembly
On a vote of 88 to 9, the State Assembly passed AB 657 as
embodied in
Assembly Substitute Amendment 2. (The Substitute Amendment was
adopted on a 96-1 vote.) The bill prohibits the condemnation of
property that is not blighted if the condemnor intends to convey
or lease the acquired property to a third party private entity.
By
definition, a property that consists of only one dwelling unit is not
blighted, as it relates to the third party transfer, unless it is not
owner-occupied (which includes a fairly broad definition of relatives) or
the crime rate in, on, or adjacent to the property is higher than in the
remainder of the municipality in which the property is located.
Original
AB 657 provided the above referenced property rights protection to
property that included one or more dwelling units, unless the property was
abandoned or the property was a conversion of a single dwelling unit to a
multiple dwelling unit, and the crime rate was higher than in the rest of
the municipality.
The
bill now moves on to the Senate where action by that body is expected in the
October/November floor period.
Other Legislative Activity
Assembly
The following bills were passed by the Assembly:
-
AB-264: Increases filing fees for municipal court actions;
-
AB-375: Specifically authorizes the operation of ATVs on highways for
certain types of access,
passed as amended.
-
AB-512. Creates and amends rules regarding traffic regulations and
traffic control devices at railroad crossings.
AB 160, which requires examination for registration as a loan
originator, was recommended for passage by the Assembly Financial
Institutions Committee. The Assembly is due back on the floor on Oct. 25.
Senate
SB-290, which makes certain technical changes to the bona fide angel
investment credit to simplify the administration of the credit, passed the
Senate
32-0.
Veto Overrides:
-
Nursing home rate increase: The Senate failed
Tuesday to override Gov. Jim Doyle's veto of $15 million more for the
state's nursing homes that care for Medicaid patients. The Senate voted
20-13 to override the Democratic governor's veto - two votes short of the
two-thirds Senate majority needed. Last week, a two-thirds Assembly
majority voted to give nursing homes the additional $15 million.
-
Adoption expenses credit: Override failed, 62-35. (2/3rds required)
-
Health savings accounts: Override failed, 62-35.
-
Pharmacy Reimbursement - Rates for Brand Name Prescription Drugs: Override
failed, 64-33.
-
Pharmacy Reimbursement - Dispensing Fees: Override failed, 64-33.
-
Outpatient Hospital Reimbursement Rates: Override failed, 60-37
Ethanol Subject of Legislative Hearings
At informational legislative committee hearings on Monday, legislators
and invited speakers discussed recent state findings that a law requiring
all regular grade gasoline to be blended with 10 percent ethanol would lead
to increased ozone and health advisories across the state.
According to the
study released by the Wisconsin Department of Natural Resources (DNR),
emissions of nitrogen oxide, which contribute to ozone, would increase 13
tons per day — about the equivalent as that emitted by some coal-fired
electrical plants.
Supporters of the proposed ethanol additive requirement, including Rep.
Stephen Freese, R-Dodgeville, asked DNR to reconsider its findings. The DNR
agreed to report back within two weeks.
Governor Doyle Announces Energy Help Initiative
Governor Jim Doyle
announced his Energy Help initiative, intended to assist
residents and businesses meet the rising cost of energy. The proposal calls
for:
-
An
additional $16 million for the state’s Bill Payment Assistance program
starting October 1, 2005 and asks the federal government to double
federal funding for the Low Income Home Energy Assistance Program (LIHEAP).
-
Joining with seven other Midwest states in an agreement to reduce
Wisconsin’s natural gas consumption by one percent a year for five years.
-
Private utilities to join the state in helping families pay their heating
bills. We Energies pledged $11 million dollars – $6 million for
weatherization efforts, and $5 million for energy assistance for families
up to 200 percent of the poverty level. Alliant Energy has also pledged to
put $1.3 million into increasing their energy efficiency efforts.
-
The
Public Service Commission and the Department of Administration to identify
and report back in 30 days any natural gas efficiency projects that are
stalled because of regulatory red tape or other hurdles.
-
Increased access to information to residents about where to turn for help
and how they can be more energy efficient at home. A new website,
www.energyhelp.wi.gov, and a
single toll free number, (800) 522-3014, will provide one-stop-shops of
information and assistance.
-
Incentives for homeowners to have an energy audit to identify ways to make
their homes more efficient, and reduce their utility bills and energy
demand.
Governor Doyle also called on the Legislature to pass this fall the
recommendations of the Governor’s Task Force on Energy Efficiency and
Renewables.
Doyle Orders Commerce to Grant Variance for October-Blend Gasoline
Governor Jim Doyle on Wednesday directed the Department of Commerce to
issue a variance to allow the immediate sale of October-blend gasoline
in Wisconsin, helping to stabilize supplies in the wake of the two recent
hurricanes.
October-blend gasoline has an increased Reid Vapor Pressure (rvp) of 13.5
pounds per square inch (psi), enabling it to perform better at colder
temperatures. This gasoline is usually offered for sale on October 1 to
replace summer gasoline, which has an rvp of 11.5 psi.
Governor Launches New Economic Development Initiative
Gov. Jim Doyle
has announced his new economic initiative aimed at creating jobs,
building wealth, and improving the quality of life in Wisconsin. Grow
Wisconsin was the economic development agenda Doyle announced after being
elected in 2002. He calls the new initiative “Grow Wisconsin: The 2005
Agenda.”
Included in Doyle’s agenda are plans that would:
-
Require that all gasoline in the state contain 10 percent ethanol.
-
Create incentives to locate businesses in distressed areas.
-
Direct the Wisconsin Housing and Economic Development Authority to make
available $30 million in bonding to create more business incubators.
-
Creative a Manufacturing Competitiveness Council and provide $1.5 million
to help manufacturers assess their ability to compete, adopt new
technology and improve the efficiency of their processes.
-
Modernize the Wisconsin Housing and Economic Development Authority. The
modernization bill would raise income limits in 26 counties and increase
the bonding limit for multifamily financing to $600 million.
-
Require the Department of Workforce Development to implement a Trial Jobs
Plus pilot program to move Wisconsin Works (W-2) participants into
permanent jobs.
-
Increase finding to Forward Wisconsin for FY 2006-07.
-
Support regional economic development efforts.
Doyle
said his Grow Wisconsin plan has created nearly 140,000 jobs, and that state
exports in 2004 were $12 billion, a third consecutive record year. He said
personal income is expected to grow 5.7 percent in 2005, outpacing U.S.
income growth.
Forward Wisconsin Embraces Plan for Added State Funding
The Forward Wisconsin Board of Directors
recently endorsed a proposal by Governor Doyle to increase state funding
for Forward Wisconsin by $590,000 in 2006-07. As part of Governor Doyle’s
2005 Grow Wisconsin Agenda, Forward Wisconsin’s total annual state funding
would be increased to $910,000.
Forward Wisconsin has traditionally received $500,000 in state funding – the
amount the organization received in 1984 - but has not been at that state
funding level since 2001. To obtain the state funding, Forward Wisconsin is
required to raise an equal amount of dollars from the private sector; a one
to-one match requirement that doubles the impact of more state funding.
Medical Malpractice Taskforce Final Meeting Next Week
The Task Force on Medical Malpractice on Tuesday agreed on several
options that will be drafted by the Legislative Council for its final
meeting set for Thursday, Oct. 6, at 1 p.m.
The
Task Force agreed to:
-
Forward all suggestions without a specific cap dollar amount and instead
advise the Legislature how to set the cap amount.
-
Suggest that the Legislature look at those amounts set by other states,
get actuarial data, and review previous awards.
-
Forward two options: one a set amount or scale multiplier based on life
expectancy; and, a two tiered system which mirrors the wrongful death cap
for minors and adults.
-
Forward other areas of possible legislation for consideration, but would
advise that the noneconomic cap be a separate piece of legislation.
Senator Invited to Join Homeland Security Taskforce
State Senator Ron Brown (R-Eau Claire) has been invited to join a
bipartisan national task force to address homeland security issues. The
National Conference of State Legislatures (NCSL) is forming a group of 22
state legislators to work together to provide security recommendations to
ensure that states have effective strategies to prevent domestic terrorism
and respond to major disasters.
Sen.
Brown was chosen to represent Wisconsin on the task force because of his
experience as a fire chief and his work in the Wisconsin Legislature
addressing homeland security issues.
Transportation Funding for Local Governments
General Transportation Aids (GTA) returns to local governments roughly
30 percent of all state-collected transportation revenues (fuel taxes and
vehicle registration fees) - helping offset the cost of county and municipal
road construction, maintenance, traffic and other transportation-related
costs.
Some
123 municipalities receive quarterly payments on a per lane mile basis,
with rates varying according to population and appropriations set in the
state budget.
Governor Doyle Announces Grant to Promote Tourism
Governor Jim Doyle
recently announced a $22,300 Joint Effort Marketing (JEM) Grant to the
Minocqua-Arbor Vitae-Woodruff Area Chamber of Commerce to help fund the
second annual promotion of Chill Out – A Northwoods Celebration.
The
grant is part of the Department of Tourism’s Joint Effort Marketing program
and is expected to boost the Minocqua-Arbor Vitae-Woodruff area economy by
more than $200,000.
Senate Passes Cord Blood Donation Bill
The State Senate unanimously passed legislation on Tuesday that will
facilitate the donation of newborn umbilical cord blood in Wisconsin.
Assembly Bill 270 now moves to the Governor’s desk for his expected
signature.
Assembly Bill 270 would require the principal prenatal health care provider
of a pregnant woman to offer her the option to donate blood extracted from
the umbilical cord of her newborn child to a blood bank. The offer of an
option to donate only applies if the donation is at no monetary cost to the
woman, her health insurance provider, or to the hospital in which the
delivery will occur for collection or storage.
Cloning Bill Approved/Doyle Promises Veto
The Wisconsin Senate on Wednesday passed by a vote of
21-12 a bill that bans human cloning, setting the bill on course for a
veto by Gov. Jim Doyle.
The
bill,
AB 499, would outlaw not only cloning for reproductive purposes but,
also, what proponents call therapeutic or research cloning, in which an
embryo is created with identical DNA as an original subject for the purposes
of harvesting stem cells after the first several days of development. The
embryo is destroyed in the process.
On
Tuesday, the Senate defeated by one vote an amendment that would have
exempted therapeutic cloning from the ban. The measure previously passed the
Assembly on a 59-38 vote, short of the two-thirds supermajority required to
override an expected veto by Doyle, who has cited the potential loss of
business in what is an emerging field of science.
Conscience Clause/Fetal Pain Bills Advance
On a 21-12 vote, the Senate this week passed a bill that would give job
protections to physicians, nurses, and hospital, clinic and nursing home
workers who refuse to participate in certain medical procedures because of
personal or religious beliefs.
The
workers would be able to refuse to participate in sterilizations, abortions,
embryonic research, euthanasia or other procedures. Pharmacists also could
decline to fill certain prescriptions for some contraceptives on moral
grounds. The vote sent the bill (AB-207)
to Doyle, who will likely veto it for a second time.
The
state Senate also voted, 21-12, to require physicians to inform women
considering abortions that some researchers think a fetus 20 weeks or older
can feel pain.
SB-138.
Women’s Health and Education Act Introduced
Rep. Terese Berceau, D-Madison, is circulating a proposal that would
incorporate legislation to increase women's access to information and
preventive health care. Bills such as the Birth Control Protection Act and
Compassionate Care for Rape Victim's Act are part of the package.
The
Women’s Health and Education Act would require the following:
-
Emergency room workers to inform rape victims seeking medical assistance
about the availability of emergency contraception, so that pregnancy from
the assault can be prevented. If requested by the victim, emergency
contraception also must be dispensed;
-
Pharmacists would be required to administer, distribute and dispense FDA
approved contraceptives, unless the contraceptive is contraindicated for
the patient.
-
School districts that choose to teach a human growth and development
curriculum would be required to include comprehensive, medically-accurate
sex education; and
-
Any
school district that does not teach comprehensive sex education would be
required to notify parents to encourage their discussion of the subject
with their teens.
Political News
Cloning
ban heads toward expected veto: Milwaukee Journal Sentinel, Sept.
29, 2005.
Sales tax not pill for relief: Appleton Post-Crescent, Sept. 29,
2005.
Firm unveils $3.4B power line plan: Appleton Post-Crescent, Sept.
29, 2005.
Roberts Takes Oath As Chief Justice: GM Today, Sept. 29, 2005.
Doyle's
veto of nursing home funding stands: Milwaukee Journal Sentinel,
Sept. 28, 2005.
Senate seeks more funds for nursing homes: Manitowoc Herald Times,
Sept. 27, 2005.
A cornucopia of controversy awaits Legislature as its fall session
begins: Racine Journal Times, Sept. 27, 2005.
Doyle plots
out growth initiatives: Milwaukee Journal Sentinel, Sept. 27, 2005.
Welcome move on jobs, growth (opinion): Milwaukee Journal Sentinel,
Sept. 27, 2005.
Doyle pitches economic plan: Appleton Post-Crescent, Sept. 27, 2005.
Doyle's plan aims to grow manufacturing: Wausau Daily Herald, Sept.
27, 2005.
Ethanol
fans bash DNR report: Milwaukee Journal Sentinel, Sept. 27, 2005.
More cons than pros with ethanol mandate (opinion): Appleton
Post-Crescent, Sept. 27, 2005.
Lawmaker pushes for ethanol use despite DNR study: La Crosse
Tribune, Sept. 27, 2005.
Balanced approach to energy (opinion): Milwaukee Journal Sentinel,
Sept. 27, 2005.
Drive less,
Bush says: Milwaukee Journal Sentinel, Sept. 27, 2005.
Gas gouging probe may educate on supply pressures (opinion): Racine
Journal Times, Sept. 27, 2005.
Abortion hot topic at Capitol: Madison Capital Times, Sept. 27,
2005. 3 related bills on table today.
State boosts stem cell work: Madison Capital Times, Sept. 26, 2005.
Ethanol push stirs debate: Madison Capital Times, Sept. 26, 2005.
The Lawmaking Season Is Here: Wisconsin State Journal, Sept. 26,
2005.
Public health school belongs here (opinion): Milwaukee Journal
Sentinel, Sept. 25, 2005.
Medicare
drug plans bring choice, confusion: Milwaukee Journal Sentinel,
Sept. 24, 2005.
Upcoming Fundraisers
Oct. 3
Oct. 6
Oct. 10
-
Mark Green (R) gubernatorial
candidate, Moosejaw Restaurant, Wisconsin Dells, 12:00 noon
-
Mark Green (R) gubernatorial
candidate, Madison's, Madison, 5:30 p.m.
Oct. 12
| 
