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Dec. 8, 2003
While we are entering what is
officially Week 2 of the Jobs Creation Extraordinary Session of
the State Legislature, negotiations, rather than formal action,
dominate the political scene in
Madison. There have been two additional
public
hearings (Milwaukee and Wausau)
where varying interests have attempted to draw attention to the
pros and cons of the specific legislative proposals. Perhaps more
important, however, are
the
ongoing negotiations involving the Administration and Legislative
leadership that are intended to arrive at regulatory reform
initiatives that can achieve a majority vote in the Legislature
AND be signed by the Governor. That goal will not be met this week
as no official committee or legislative floor actions are
scheduled or expected.
In a related
development, Governor Doyle vetoed the so-called “Green Tier” bill which had
been sent to him earlier in the week by Speaker Gard. This bill authorized
businesses to conduct self audits and reporting and provided certain civil
immunities. While the Governor has supported the self-audit concept, he is
opposed to treating all businesses the same after the effective date of the
proposed law,
and would treat businesses with a history of environmental violations more
strictly. He also called for a more specific plan of action for violators,
equating the bill’s provisions to “presumptive approval,”
which is a sticking point in regulatory reform discussions.
Two days before
the above-referenced veto, the Governor signed a major piece of legislation
aimed at speeding up the environmental review of electric transmission lines
and natural gas pipelines, a measure strongly supported by the business
community and Legislature. The proposal also promotes cooperation between
the PSC and DNR.
We will continue
to monitor the upcoming events with great interest and anticipation.
Policy Developments
Governor Acts on
Bills
On Wednesday, December 3, Governor Doyle
announced his signing of the following bills:
-
SB 300 (as
Act 89 of 2003)
relating to construction of certain public utility facilities, utility aid
payments, utility condemnations, and granting rule-making authority.
-
SB 168 (as
Act 90 of 2003) relating to
enforcement of the one- and two-family dwelling code in certain cities,
villages, and towns.
-
AB 328 (as
Act 91 of 2003) relating to the
historic sites operated by the State Historical Society of Wisconsin, the
purposes for which the State Historical Society of Wisconsin may contract
with the Wisconsin Historical Foundation, Inc., or any other nonprofit
corporation.
-
SB 243 (as
Act 92 of 2003) relating to
provision of dental and dental hygiene services to Medical Assistance
recipients by a volunteer health care provider.
-
AB 130 (as
Act 93 of 2003) relating to
creating a new method for towns to consolidate.
-
AB 251 (as
Act 94 of 2003) relating to
designating public depositories for the payment of property taxes.
-
AB 48 (as
Act 95 of 2003) relating to
accelerating the mailing property tax bills.
-
SB 121 (as
Act 96 of 2003) relating to
disposal of oil-absorbent materials.
On Thursday, December 4,
Governor Doyle
announced his signing of the following bills:
-
AB 458, also known as the “Baby Luke” bill, relating to operating a
vehicle or operating or going armed with a firearm after using certain
controlled substances and providing penalties.
-
AB 121, relating to recruitment, training, certification, and
compensation of election officials.
On Friday, December 5,
Governor Doyle
announced his veto of the “Green Tier Bill”:
Finally, on Monday,
December 8, the Governor signed
AB 507, relating to elimination of the sales tax on fuel and electricity
used by manufacturers.
Assembly Committee
Recommends Passage of TIF Bills
The Assembly Committee on Ways and Means recommended concurrence in
SB 305, the major Tax Incremental Financing (TIF) bill, on a vote
of 9-3 with 2 absent. The trailer bill,
SB 306 was recommended 12-0-2. Please see The Hamilton Consulting
Group’s
Update for further details on this legislative effort.
Assembly Energy Committee
to Address Agency Approval of Nuclear Plants
On Tuesday, December 9, the Assembly Energy and Utilities Committee will
hold a public hearing on
AB 555, relating to requirements for approval of construction of
nuclear power plants. The hearing schedule has been amended, and is now
scheduled to take place at 10 a.m., in room 415 NW.
Assembly Committee Holds
Capital Investment Hearing
On Wednesday, December 3, the Assembly Committee on Economic Development
held an informational hearing relating to creation of a Wisconsin Economic
Leadership Board and development of a Venture Capital Investment Program,
which would provide tax credits for certain venture capital investments. The
Committee heard testimony regarding these initiatives from invited speakers
only.
DNR to Hold Hearings on
“New Source Review” Revisions
On Tuesday, December 2, the Department of Natural Resources (DNR)
announced that the Natural Resources Board had voted unanimously in
favor of allowing the DNR to hold hearings this January on its
revised air permit rule package (otherwise known as NR 405, or “New
Source Review.”) Hearing dates have not yet been scheduled.
The rule revisions would
mandate stricter air pollution emission standards on several Wisconsin
manufacturers and utilities, and if approved in
Wisconsin,
could become effective in December of 2005.
Senate Committee to Hold
Hearing on Minimum Wage and Obesity Bills
The Senate Labor, Small Business Development and Consumer Affairs Committee
is holding a public hearing (and possible executive session) on
AB 633, which would preempt local governments from adopting living wage
ordinances. The hearing is scheduled for Dec. 8 at 11 a.m. in room 411 S.
The committee is also
hearing
SB 289, relating to civil
liability exemptions for claims resulting from weight gain or obesity;
SB 339, relating to various changes in the worker’s compensation law;
and
SB 340, relating to various changes in the unemployment insurance law.
Supreme Court Decides Wage
Lien Case
On Nov. 20, 2003, the Supreme Court handed down its opinion in
Hubbard v. Messer, relating to an employee claim for unpaid wages
under Chapter 109 of the Wisconsin Statutes. In this case, the employee
first filed a claim against his employer for unpaid wages with the
Department of Workforce Development (DWD). The DWD administrative action
resulted in the employer fully paying the wages due to the employee. The
employee, however, subsequently filed a civil court action for additional
penalties (allegedly due under Sec. 109.11(2), Wis. Stat.) for the
employer’s failure to pay the wages by the statutory deadline imposed by
Sec. 109.03(1), Wis. Stat.
The court ruled in favor of
the employer, holding that Wis. Stat. Sec. 109.11(2) “does not impose civil
penalties when wages due an employee have been paid in full at the time
a circuit court action is commenced.” (Emphasis added.)
Circuit Court Rules Hub
Airlines Property Tax Exemption Invalid
On Nov. 7, 2003, a Wisconsin Circuit Court ruling held invalid the Wisconsin
statute authorizing a property tax exemption for hub airlines. The statute,
enacted by the 2001 Legislature, was intended to stimulate economic
development by creating a competitive environment for airline companies
considering locating or expanding in Wisconsin. Midwest Airlines
announced that it is working with state officials toward an
appeal of the decision. A letter is circulating among legislators of both
parties urging the Attorney General to file the appeal.
Brewers Agree to Audit
On December 4, the Milwaukee Brewers
announced they would allow an audit of their records by a panel of
three, state-chosen, business executives. The panel is expected to issue a
report within 90 days of analyzing the team’s finances. This action was, at
least in part, in response to a letter requesting an audit that was signed
by 57 state legislators.
Wisconsin
Politics
Three File Papers
to Compete for Coggs Assembly Seat
Two Democrats and one Independent have filed papers to run in the
Special Election to fill Sen. Spencer Coggs’ recently vacated 17th
District Assembly seat. The two Democrats are: former Air Force
Captain, James A. Sigl, and Milwaukee Area Technical College
adjunct professor, Barbara Toles. The Independent candidate is
Wendell Harris.
Toles and Sigl will
face-off in the December 30th primary and the winner will take on
Harris in the January 27th general election.
Krug Named to Joint Finance
On December 1, Assembly Democratic Leader Jim Kreuser
announced that Rep. Shirley Krug of Milwaukee will replace former
Rep. Spencer Coggs on the Joint Finance Committee.
Federal Developments
EPA Responds to
State/Tribal Ozone Boundary Recommendations
On December 4, the Environmental Protection Agency (EPA)
announced it had sent response letters, the same day, to state
and tribes regarding their nonattainment area recommendations
submitted earlier this fall. (See EPA’s
response letter to Wisconsin.)
Political News
The
math on Doyle's plan to cut state jobs: Wisconsin State Journal,
Dec. 6, 2003.
Wisconsin manufacturing jobs not yet rebounding: Janesville Gazette,
Dec. 6, 2003.
Pace Of Job Growth Slows In November: Wisconsin State Journal, Dec.
6, 2003.
Doyle vetoes
bill allowing business to self-audit environmental practices:
Janesville Gazette, Dec. 6, 2003.
Doyle signs bill
to hasten state's energy projects: Milwaukee Journal Sentinel, Dec. 5,
2003.
EPA
proposes stricter rules for area: Milwaukee Journal Sentinel, Dec.
5, 2003.
State joins clean air rules battle: Appleton Post-Crescent, Dec. 5,
2003.
Doyle signs bill to speed up power plants, lines: Janesville
Gazette, Dec. 4, 2003.
Bill proposes more state cash for ethanol producers: Wisconsin State
Journal, Dec. 4, 2003.
Gard tries to force Doyle to act on regulatory reform: Green Bay
Press-Gazette, Dec. 3, 2003.
3 file
papers to run for Assembly post: Milwaukee Journal Sentinel, Dec. 3,
2003.
DNR to go
its own way on air pollution: Milwaukee Journal Sentinel, Dec. 3,
2003.
State to
pursue stricter air pollution rules: Janesville Gazette, Dec. 3,
2003.
Developer
accused of asbestos violations: Milwaukee Journal Sentinel, Dec. 3,
2003.
Upcoming Fundraisers
Monday, December 8, 2003:
-
Republican Party of
Wisconsin,
4:15 p.m., Milwaukee, Wis.
-
St.
Rep. Leah Vukmir (R-Wauwatosa), 6:00 p.m., Wauwatosa, Wis.
-
St.
Rep. Jeff Stone (R-Greenfield), 6:00 p.m., Greendale, Wis.
Tuesday, December 9, 2003:
-
St. Rep. Sheldon
Wasserman (D-Milwaukee),
5:00 p.m.,
Milwaukee,
Wis.
-
St.
Sen. Alberta Darling (R-River Hills), 5:30 p.m., Milwaukee, Wis.
Wednesday, December 10, 2003:
-
St.
Rep. Jim Kreuser (D-Kenosha), 5:00 p.m., Kenosha, Wis.
-
St.
Sen. Roger Breske (D-Eland), 4:00 p.m., Madison, Wis.
Thursday, December 11, 2003:
Monday, December 15, 2003:
Tuesday, December 16, 2003:
-
U.S.
Rep. Paul Ryan (D-3),
5:30 p.m.,
Monona,
Wis.
-
St.
Sen. Jon Erpenbach (D-Middleton), 6:00 p.m., Middleton, Wis.
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