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Dec. 15, 2003

While nothing can trump yesterday’s news from Iraq, the Wisconsin Legislature may be prepared to gain some local headlines later this week. While the Legislature has officially been in Extraordinary Session since December 1, most of the time has been devoted to efforts to negotiate changes to the state’s regulatory process and climate. No floor action has been scheduled as of this writing, but legislators in both houses have been directed to keep Wednesday and Thursday, December 17 and 18, open for likely floor action. The only bills that have been noticed as part of the Extraordinary Session are companion bills AB 655 and SB 313 that address very comprehensive changes to the way Wisconsin’s regulatory processes operate. It is expected that other economic development proposals will be added to the agenda including, perhaps, comprehensive changes to Wisconsin’s TIF law and proposals aimed at improving our capital formation and investment atmosphere. The Legislature also is likely to act on ratifications of various agreements between the state and employee bargaining units.

Policy Developments

Governor Signs Several Bills
On Tuesday, December 9, Governor Doyle announced the signing of AB 592, relating to supplemental Medical Assistance payments to county, city, town, or village nursing homes. 

On Thursday, December 11, Governor Doyle announced the signing of the following four bills:

• SB 204, relating to authorizing a health benefits purchasing cooperative pilot project.

• SB 205, relating to veterans’ facilities and programs in northwestern Wisconsin.

• AB 71, relating to threats to release or disseminate harmful chemical, biological, or radioactive substances and providing a penalty.

• AB 165, relating to continuing education for veterinarians and veterinary technicians.

Finally, on Friday, December 12, Governor Doyle signed into law the following two bills:

• AB 548, relating to capping the amount of appeal bond that may be set by a court in a civil action at $100,000,000.

• AB 187, relating to the newspaper recycling fee and the recycled content of newsprint used in newspapers.

Remaining Enrolled Bills Await Governor's Action
There are eight Assembly Bills (no Senate Bills) that remain enrolled from the Fall 2003 floor period awaiting action by the Governor. The Governor must act on the remaining bills by midnight of Thursday, December 18, or they will automatically become law. The remaining enrolled bills are:

• AB 79, relating to authorizing the Wisconsin Health and Educational Facilities Authority to issue bonds to finance a project undertaken for a facility used for education by a private, tax-exempt institution.

• AB 85, relating to the incorporation of the town of Campbell in LaCrosse County as a village.

• AB 255, relating to liability of cities, villages, towns, and counties for damages caused by an insufficiency or want of repair of a highway.

• AB 267, relating to administrative rule making regarding small businesses, data used by administrative agencies in preparing proposed rules, increasing attorney fees, creating an Internet site for proposed rules, and creating a Small Business Regulatory Review Board.

• AB 372, relating to live birth or the circumstance of being born alive.

• AB 487, relating to the purpose and integrity of the Patients Compensation Fund and changing its name to the Injured Patients and Families Compensation Fund.

• AB 656 relating to ratification of the agreement negotiated between the state of Wisconsin and the District 1199W/United Professionals for Quality Health Care, SEIU, AFL-CIO, for the 2003-05 biennium, covering employees in the professional patient care collective bargaining unit, and authorizing an expenditure of funds.

• AB 657, relating to ratification of the agreement negotiated between the state of Wisconsin and the Wisconsin Science Professionals, AFT, Local 3732, for the 2003-05 biennium, covering employees in the professional science collective bargaining unit, and authorizing an expenditure of funds.

Joint Finance to Hold Special Meeting
The Joint Committee on Finance has scheduled a special meeting, pursuant to section 13.10 of the Wisconsin Statutes, for Tuesday, December 16, at 1:00 p.m. in room 412 East. The meeting is scheduled to address funding requests from the Department of Natural Resources and the Department of Workforce Development. (Please see the Joint Committee on Finance’s agenda for its Tuesday meeting.)

Joint Rules Committee to Hold Hearing on TRANS 233 and Other Rules
On Tuesday, December 16, the Joint Committee for Review of Administrative Rules will hold a hearing at 10 a.m. in room 300 SE. The hearing will address the following rules:

• NR 27.03(3)(c)3, relating to endangered and threatened species. (Particularly, the Committee will address whether or not to add the Butler’s Garter Snake to the list of protected species.)

• NR 116.18, relating to the procedures for changing the floodplain, floodway, floodfringe, shallow depth flooding, flood storage, and coastal floodplain district limits.

• TRANS 233, relating to the division of land and setbacks abutting a state trunk highway or connecting highway. (This has been a highly controversial rule since it was adopted by DOT and is also under challenge in court.)

• Emergency Rule HFS 15, relating to assessments on occupied, licensed beds in nursing homes and intermediate care facilities for the mentally retarded (ICF-MR). (The Department of Health and Family Services is requesting an extension of this emergency rule.)

• Emergency Rule PC 1, 2, 4, 5, and 7; DWD 218, 224, and 225, relating to the transfer of personnel commission responsibilities to the equal rights division of the Department of Workforce Development. (The DWD is requesting an extension of this emergency rule.)

DNR Schedules Hearings for Air Permit Rule Revision
The Department of Natural Resources has scheduled four hearings regarding revised state rules relating to air permits, including NR 405, NR 408 and NR 484. The hearings are scheduled to take place on the following dates:

• January 12, 1 p.m., Room 158/185, DNR Region Headquarters, 1300 West Clairemont, Eau Claire;

• January 23, 10 a.m., Room 27, Natural Resources Building, 101 S. Webster St., Madison;

• January 28, 1 p.m., Auditorium, Bay Beach Wildlife Sanctuary, 1660 E. Shore Dr., Green Bay; and

• January 29, 1 p.m., Room 141, DNR Region Headquarters, 2300 N. Dr. M.L. King Jr. Dr., Milwaukee.

Gaming Bill Introduced in Assembly
On Friday, December 12, AB 703 was introduced in the State Assembly, relating to: approval of Indian gaming compacts; recommendations from the legislature; and, exemptions from the open meetings law for certain meetings related to Indian gaming compacts.

Local Government Summit Held
On Wednesday, December 10, Governor Doyle announced the convening of the Local Government Summit, which took place in Milwaukee. The summit focused primarily on state and local cooperation regarding shared services, local government costs, shared revenue, and property taxes. At the summit, the Governor announced a new Wisconsin Partnership website, intended to address several of the above issues.

Department of Revenue Releases Tax Report
On Thursday, December 11, the Department of Revenue announced the results of its latest Wisconsin Economic Outlook quarterly report. Although the report revealed positive signs for both the state and national economies, the DOR reported that signs of concern remain, particularly in the manufacturing sector.

Wisconsin Politics

Ethics Board Seeks State Prosecution of Gary George
On Friday, December 12, the State Ethics Board announced it had voted unanimously to seek state prosecution of former state Senator Gary George for alleged criminal violations of Wisconsin’s Ethics Code for government officials. The Ethics Board reported it had found probable cause for charging George for the following illegal activities:

• Directing Senate employees to work on matters relating to George’s personal law practice during hours that the state was paying the employees to work for the Legislature;

• Directing Senate employees to work for George’s gubernatorial campaign during hours that the state was paying the employees to work for the Legislature; and

• Directing Senate employees to work for George on personal matters during hours that the state was paying the employees to work for the Legislature.

Additionally, the Ethics Board also voted to recommend that charges be filed against one of George’s former Senate employees, David Begel, for allegedly submitting false time reports and engaging in campaign activity during state-paid time, and for allegedly directing another Senate employee to engage in campaign activity during state-paid time.

The Ethics Board hand delivered a letter, Friday, to Dane County District Attorney Brian Blanchard, with the Board’s attached preliminary findings of fact underlying its Friday vote to recommend the charges against both George and Begel. Blanchard’s office has 30 days to decide whether or not to prosecute for the above allegations.

State Mourns Passing of Marcia Coggs
On Tuesday, December 9, former state Rep. Marcia P. Coggs (D-Milwaukee) passed away at the age of 75. She served in the Wisconsin State Assembly from 1977 through 1992, and is the aunt of State Senator Spencer Coggs and State Representative Leon Young.

Lautenschlager Opines on Confidentiality of LRB Drafting Materials
On Friday, December 12, Attorney General Peg Lautenschlager responded to a legislative request for clarification regarding the confidentiality of legislative drafting materials. In a letter addressed to the inquiring legislators, Lautenschlager delivered her opinion that “any LRB drafting materials that are released to any person, beyond those state officials clearly charged with developing legislation, loses its protected status and must be released upon request.”

Federal Developments

Supreme Court Rules on Campaign Finance
On Wednesday, December 10, the Supreme Court handed down its sharply divided 5-4 opinion in McConnell v. Federal Election Comm’n. (Warning: LARGE FILE.) The opinion upheld most of what has been known as the McCain-Feingold campaign finance reform effort relating to restrictions on campaign contributions and election advertisements.

Following the court’s decision, Governor Doyle announced his support for state legislation conforming to the national reform effort.

Political News

Coggs remembered as a trailblazer in Legislature: Milwaukee Journal Sentinel, Dec. 15, 2003.

Cap government spending now (opinion): Wisconsin State Journal, Dec. 15, 2003.

Bill will hurt, not help, our quality of life (guest opinion): Racine Journal Sentinel, Dec. 15, 2003.

Campaign-finance reform is way overdue (opinion): Green Bay Press-Gazette, Dec. 15, 2003.

Competition still tight for area paper mills: Appleton Post-Crescent, Dec. 14, 2003.

Officials seek an economic boost: Appleton Post-Crescent, Dec. 14, 2003.

Reduced fee health plan short on physicians:  Milwaukee Journal Sentinel, Dec. 15, 2003.

Lawmakers try to tackle obesity: Appleton Post-Crescent, Dec. 14, 2003.

Insurance consortium gets bigger: Appleton Post-Crescent, Dec. 14, 2003.

Health problems, costs expand along with residents’ waistlines: Appleton Post-Crescent, Dec. 14, 2003.

Spending bill loaded up for home folks: Milwaukee Journal Sentinel, Dec. 14, 2003.

Doyle seeks to ban ‘phony’ campaign ads: Appleton Post-Crescent, Dec. 13, 2003.

OshKosh B'Gosh to close two factories: Milwaukee Journal Sentinel, Dec. 13, 2003.

Doyle has Campbell bill: La Crosse Tribune, Dec. 12, 2003.

Ruling splits observers, groups in state, as well as justices: Milwaukee Journal Sentinel, Dec. 12, 2003.

Doyle signs health insurance bill: St. Paul Pioneer Press, Dec. 12, 2003.

The time is now to work together, officials agree: Milwaukee Journal Sentinel, Dec. 11, 2003.

External factors push production costs upward: Milwaukee Journal Sentinel, Dec. 10, 2003. U.S. firms pay more for pensions, lawsuits, taxes than trading partners.

Effort aims to boost region's high-tech firms: Milwaukee Journal Sentinel, Dec. 10, 2003.

Tax relief offered for paper firms: Appleton Post-Crescent, Dec. 9, 2003.

Doyle signs tax exemption on fuel, electricity in manufacturing: Janesville Gazette, Dec. 9, 2003.

Biz groups praise proposal to limit state, local spending: Madison Capital Times, Dec. 9, 2003.

Upcoming Fundraisers

Monday, December 15, 2003:

• Sen. Dale Shultz for Congress (R-Richland Center), 5:00 p.m., Dodgeville, Wis.
• Sen. Sheila Harsdorf (R-River Falls), 5:30 p.m., Eau Claire, Wis.
• Sen. Jon Erpenbach (D-Middleton), 6:00 p.m., Middleton, Wis.
• David Steffen for St. Senate (R-30^th District), 5:00 p.m., Green Bay, Wis.
• Sen. Dave Hansen (D-Green Bay), 5:00 p.m., Green Bay, Wis.

Tuesday, December 16, 2003:

• U.S. Rep. Paul Ryan (R-1^st District), 5:30 p.m., Monona, Wis.

Thursday, December 18, 2003:

• U.S. Rep. Mark Green (R-8^th District), luncheon, De Pere, Wis.
• Sen. Dave Zien (R-Eau Claire), 4:30 p.m., Madison, Wis.

Friday, December 19, 2003:

• Sen. Dave Hansen (D-Green Bay), 7:30 a.m., Milwaukee, Wis.

Monday, December 22, 2003:

• Rep. Tom Hebl (D-Sun Prairie) 5:30 p.m., Sun Prairie, Wis.