Political Tidbits

Wisconsin political news for clients and colleagues.

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Oct. 20, 2006

With November 7 and the fall election getting closer and closer, we have expanded our gubernatorial “profile” to include a side-by-side comparison of three issue areas important to our readers—Legal Reform, Health Care and Energy.

Television ads these days are not likely to shed appropriate light on the key issues that separate the candidates for Governor, Attorney General and the State Legislature. We urge you to check out the various websites of the candidates and to inquire of business and professional associations with which you may be affiliated for additional information on where candidates stand on issues of importance to you. We also are willing to address specific inquiries via e-mail or through future issues of Tidbits.

Our Elections Update includes a list of links that may be helpful in obtaining information. See also the Updates Index page for Assembly/Senate and Congressional candidate information.

The decisions made at the polls in November will have significant impact on the direction that our state will take over the next several years, including how we are perceived on a national basis. Be informed and get involved.

Policy Developments

Industry Claims DNR Regulatory Reform Off-Track
Industry and economic development groups argued at an Oct. 18 legislative hearing that DNR’s efforts to implement permit streamlining efforts are falling well short of the Jobs Creation Act promises. The Assembly Natural Resources Committee, Rep. Scott Gunderson (R-Waterford), Chair, heard testimony on DNR’s rule to exempt small sources for air permit requirements.

Scott Manley, Wisconsin Manufacturers & Commerce, summarized WMC’s comments provided DNR during the hearings phase of the permit exemption rule. Pat Osborne, on behalf of the Aggregate Producers of Wisconsin, and Bob Fassbender, for the Wisconsin Economic Development Association, emphasized the how air permitting approvals for smaller sources often delay projects without advancing any corresponding environmental policy objectives. All testified over general concerns that despite approaching three years since the enactment of the Jobs Creation Act (2003 Wis. Act 118), little progress has been made to relieve unnecessary permitting burdens on businesses wishing to expand or locate in Wisconsin. (See Hamilton Consulting Group's Jobs Creation Act Summary).

Milwaukee Receives “D” in Disaster Evacuation Study
The City of Milwaukee’s disaster evacuation preparedness nearly failed in a recent study released by the American Highway Users Alliance.

The majority of America's urban areas received a failing grade on their ability to evacuate citizens in the event of a disaster, according to the study. It graded 37 of the largest urban areas in the country with more than 1 million people, and found that 25 would have greater problems evacuating their citizens than New Orleans did during Hurricane Katrina. The areas failed on three criteria - internal traffic flow, capacity of major exit routes and accessibility to automobile transportation. Click here for full report

Wisconsin Ranks 38^th in the 2007 State Business Tax Climate Index
The State Business Tax Climate Index (SBTCI) ranks how “business friendly” the 50 state tax systems are, providing a roadmap for state lawmakers concerned with keeping their states tax competitive. Wisconsin’s overall rank is 38^th.

The SBTCI is designed to measure the competitiveness of each state’s tax system so lawmakers, the media and the public alike can gauge how their state compares to other states. They can also use the SBTCI to pinpoint specific changes that will increase the competitive standing of their state.

The SBTCI rewards those states that apply these principles in five important areas of Taxation (with Wisconsin’s ranking in parentheses): individual income taxes (42^nd); corporate tax (32^nd); sales tax (27^th); unemployment insurance tax (28^th); and property tax (30^th).

Committee Has Begun Discussion of Applicability of Open Meetings Laws to
Quasi-Governmental Bodies
The Special Legislative Council Committee, which is addressing the applicability and advisability of applying open meetings requirements to quasi-governmental (particularly economic development) organizations, began its deliberations on Wednesday, October 18.

A trial court judge ruled earlier this year that the law did not apply to the Beaver Dam Area Development Corporation, dismissing an action commenced by the Attorney General. The Attorney General is, however, appealing that ruling and has consistently opined that the law either does or should apply to quasi-governmental bodies.

There is consensus among committee members that a clarification of the law is desired. Committee Chair, Sen. Scott Fitzgerald, has urged the committee to focus initially on economic development corporations that have a common purpose rather than attempting to address the universe of quasi-governmental entities.

Economic development proponents argue that confidentiality is essential to business expansion and location decisions and that economic development corporations do not have authority to bind local governmental bodies. Open Meetings/Open Records advocates, on the other hand, believe that public accountability requires application of the open meetings and open records laws to all bodies that may include a public member or receive public financial support.

The committee will continue its deliberations next month, although the meeting date has not yet been set. (Legislative Council Special Study Committees)

Appeals Court Upholds DNR Pier Authority
The District IV Court of Appeals reaffirmed the Wisconsin Department of Natural Resources' (DNR) statutory authority to enforce the law against violations of pier standards in navigable waters – regardless of who reports the violations.

The DNR rule in question provides for DNR enforcement of pier violations on complaints by citizens. The court of appeals held that restricting DNR enforcement of violations on the basis of citizen complaints would violate DNR's statutory duty to enforce the law. The court of appeals reversed the circuit court and reinstated DNR's enforcement case.

Hospitals Serve Community Health Needs
A new website launched by the Wisconsin Hospital Association (WHA) provides information on services, programs and assistance that hospitals offer at or below cost. According to a WHA report [40 pgs., pdf], Wisconsin hospitals provided almost $160 million in charity care (at cost), and sustained more than $500 million in Medicaid losses. In addition, the 36 hospitals that operate nursing homes lost over $15 million on those operations.

The Hospital Association said Wisconsin is the first state in the country to see 100-percent participation from hospitals in voluntarily reporting community health services and programs, along with quality and safety data.

Upcoming Hearings
Legislative Council Special Committee on Highway Weight Limits
Nov 13, Legislative Council Conference Room, Suite 401, 1 E. Main St., Madison. Presentation by DOT staff relating to information requested by the committee at the previous meeting, public testimony and discussion of committee assignment.

Interested persons are invited to make specific recommendations relating to changes in the current system in state law relating to motor vehicle weight limits on state highways and bridges to make it a more useable, efficient, fair, and economically beneficial system, considering: (1) the physical impact of weight limits on highway and bridge infrastructure (and the costs to the state of that impact); (2) economic impacts of weight limits on industry and trade: (3) truck configurations; (4) expected compliance levels and enforcement constraints; and (5) related operational and safety issues.

Legislative Council Special Committee on Nuclear Power
Nov 15, 411-S.

Invited presentations; regarding:

Electric power generation from coal combustion.
Carbon capture and sequestration.
Potential contribution of energy efficiency and renewable resources to meeting energy demand.
Environmental impacts of electric power generation.
Long-term management of spent nuclear fuel; Yucca Mountain.

Legislative Council Special Committee on Disaster Preparedness Planning
Nov 16, Legislative Council Conference Room, Suite 401, 1 E. Main St., Madison.

Testimony by invited speakers on disaster preparedness planning issues, including interoperability of communications equipment, best practices in disaster preparedness, the ability of food to reach markets during disasters, continuity of legislative operations and liability of responders.

Wisconsin Politics

Briefs Filed on Green Elections Board Case; Supreme Court Requests
Additional Information
Both sides filed briefs earlier this week regarding the request for the Supreme Court to take original jurisdiction in the dispute over the Election Board’s “ruling” regarding monies that Mark Green converted from his federal to state campaign account.

The Court on Thursday issued an order with eleven additional questions directed at determining if the Board’s action was an enforceable order and if there is a justiciable issue for the Court to address.

Committees Grant Approval for WisconsinEye Project
The Legislative Organization Committees recently granted approval to WisconsinEye, the Public Affairs Network offering C-SPAN-like coverage of Wisconsin government, to install wiring in the state Capitol. The project will include robotic cameras mounted in the Senate and Assembly chambers and portable camera units that are transportable throughout the Capitol.

WisconsinEye expects to be able to provide committee coverage in 16 other legislative rooms of the Capitol by next September and within 18 months to provide coverage of activities in the Governor’s Conference Room, Attorney General’s Conference Room, Supreme Court hearing room, and rotunda. Separate agreements remain to be worked out with the executive and judiciary.

Federal Developments

Renewal of Terrorism Insurance a Possibility
Congress has an even chance of re-authorizing the federal terrorism risk insurance before the program expires at the end of 2007, according to Hill observers.

The House may move early next year to overhaul the program with a bill that would require the private market to increase its share of coverage and slowly phase out the federal government's program. One major problem is that the insurance industry and consumer advocates have not been able to agree on a plan to move forward.

The American Insurance Association advocates continuation of the current program as well as a separate federal backstop for nuclear, biological, chemical or radiological attacks. The Real Estate Roundtable, representing major commercial property owners, is pushing a voluntary system for insurance companies to establish their own pools similar to a system operating in other countries.

Hamiltonian's in the News

On Oct. 18, 2006, Hamilton Consulting’s Pat Osborne and Bob Fassbender testified before the Assembly Natural Resources Committee on DNR air permitting rules. The testimony, on behalf of the Aggregate Producers of Wisconsin and Wisconsin Economic Development Association, respectively, urged the committee to increase permit flexibility for smaller Wisconsin companies as their emissions have little impacts on air quality. (See Oct. 20. 2006 Tidbits for related article.)

On Oct. 10, 2006, Hamilton Consulting’s Jim Hough and Bob Fassbender presented a Wisconsin briefing on legal reform to Civil Justice Reform Group (CJRG) members at its Waukesha meeting. The Hamilton Consulting Group represents various clients on civil justice matters, including the Wisconsin Coalition for Civil Justice and the Civil Trial Counsel of Wisconsin. (See Jim Hough’s Liability Reform Update.)

On Oct. 6, 2006, Hamilton Consulting’s Bob Fassbender presented a Wisconsin perspective on Attorney General activism to a State Policy Network panel in Milwaukee. The Hamilton Consulting Group represented various organizations last session on legislation to protect businesses against nuisance suits by the Attorney General if they are complying with all relevant laws and regulation.

Political News

Doyle, Green meet tonight: Wisconsin State Journal, Oct. 20, 2006.

Doyle, Green prepare for final faceoff: Milwaukee Journal Sentinel, Oct. 20, 2006.

New Doyle ad maximizes some facts, extrapolates on others: Wisconsin State Journal, Oct. 20, 2006.

94th candidates face off: La Crosse Tribune, Oct. 17, 2006.

Rivals differ on strategies to boost jobs: Milwaukee Journal Sentinel, Oct. 17, 2006.

A matter of priorities (opinion): Milwaukee Journal Sentinel, Oct. 17, 2006.

Partnerships that pay off (opinion): Milwaukee Journal Sentinel, Oct. 17, 2006.

We recommend Obey (opinion): Milwaukee Journal Sentinel, Oct. 16, 2006.

Mark Green: Government hindering 'our true potential' (opinion): Green Bay Press-Gazette, Oct. 15, 2006.

Menasha forum on economy: Appleton Post-Crescent, Oct. 15, 2006.

Forum Focuses On Renewable Energy: Wisconsin State Journal, Oct. 15, 2006.