Governor Continues to Release Budget Intentions
Governor Doyle continued to release specific intended budget actions this week, although he has not unveiled his intentions regarding the property tax freeze. The Governor announced he would use his veto power to strike two more Republican-sponsored provisions: 1) the 50 percent increase in fees for teacher licensure (see his July 11 release); and 2) the cuts to the Knowles-Nelson Stewardship program, which was established to provide funding for land conservation (see his July 14 release). On July 16, Doyle announced he will approve the budget provision that approves funding for a new nursing home facility for veterans in Union Grove.

Meanwhile, Republican legislators have begun calling on Doyle to take action on the budget without further delay. On July 15, Assembly Speaker John Gard (R-Peshtigo) sent a letter to the Governor urging the him to call for the budget bill and take final action. The next day, July 16, Senate Majority Leader Mary Panzer (R-West Bend) sent the Governor a letter, requesting that he complete budget action as soon as possible.

Candidates Gear Up for Heated Special Election
On July 22, Republican Mark Honadel (Milwaukee) and Democrat Al Foekler (Oak Creek) will face off for the coveted 21^st Assembly District (South Milwaukee/Oak Creek). Recent reports anticipate the race will be close for this traditionally Democratic, although competitive, seat. Also to be determined by next week’s election is who will take the 71^st District (Stevens Point area) Assembly seat. Republican Jackie Szehner and Democrat Louis John Molepske Jr., both of Stevens Point, are competing for this seat. The two districts were vacated by the election of Democrats Jeff Plale and Julie Lassa, respectively, to the State Senate to fill vacancies that existed in the upper house.

Coggs Will Take on George in Recall Election
On July 17, State Representative Spencer Coggs (D-Milwaukee) announced he will run in the upcoming recall election for the 6^th District Senate seat against long-time Senate member Democrat Gary George of Milwaukee. The State Election Board certified the petition to recall George on July 11, and ordered the recall election. The board found that the minimum requirement of 8,071 petition signatures was met when they certified not fewer than 8,750 qualifying signatures to recall the State Senator. The recall election is scheduled for Tuesday, Aug.19, 2003.

Tommy Thompson to Lead Alliance of Automobile Manufacturers?
It was reported in a July 11 news article that the Alliance of Automobile Manufacturers, a multimember trade and lobbying group from Detroit, is preparing to offer former Wisconsin Governor Tommy Thompson a position as Chairman of the Alliance.

Governor Limits Ozone Recommendation
On July 15, Gov. Doyle’s announced he had submitted to EPA his recommendation for nonattainment area designations based on EPA’s new ozone (8-hour) air quality standard. The Although DNR initially suggested the Governor recommend Wisconsin collar counties, based on concerns that those counties would violate the standard, or may contribute to the nonattainment of other areas, the Governor limited his recommendation to 10 eastern counties that are currently not attaining the new standard. The Governor based his recommendation on the most current ozone air quality data (three year averages from 2000-02), which supported the finding that only those 10 counties recommended are not currently attaining. (See the Governor’s letter to EPA, detailing his ozone nonattainment recommendation.)

July 15 marked the deadline for states to submit nonattainment area recommendations to EPA. Final designation of nonattainment areas, however, will be promulgated by EPA; these designations are expected by Apr. 15, 2004, once 2003 air quality becomes available.

Governor Signs Utility Siting Legislation
On July 15, Gov. Doyle signed AB 378, as Act 31, laws of 2003. The new law, viewed to promote economic development, is directed at energy availability and reliability. (See The Hamilton Consulting Group’s Update on this legislation). The law will provide financial incentives to communities that agree to site power plants. At the bill signing ceremony, the Governor commented that the law would help grow Wisconsin’s economy by compensating communities who choose to participate in the effort to ensure the state’s future energy needs are met by agreeing to site plants in their localities. In signing the bill, the Governor made use of his partial veto power to: delete a provision which would provide payments to communities that are contiguous to a power plant; delete a provision that limits incentive payments to communities that host cogeneration plants by providing the incentive money only for plants completed before Dec.31, 2006, extending the incentive payment allowance to plants completed after Dec.31, 2006; and delete a third provision, elimination of which restores current PSC authority regarding allowance of recovery for mitigation payments. See the Governor’s release regarding the partial vetoes.

Wisconsin Liability Systems May Impact Economic Development
As the Wisconsin Legislature heads into its fall floor period, its major focus will be growing the state’s economy. While there are several factors impacting Wisconsin’s economy, one factor may be the perceived “reasonableness” or “fairness” of Wisconsin’s liability system (or, “litigation climate”), as viewed by corporations looking for places to site new businesses, or grow existing businesses. On Apr.9, 2003, the U.S. Chamber of Commerce released the results of a study, conducted by Harris Interactive polling service, that polled senior corporate attorneys with the goal of exploring “how reasonable and fair the tort liability system is perceived to be by Corporate America.”  Although Wisconsin was ranked 11^th from the best overall on perceived tort fairness by those polled, it was still given a “C” or “average” overall grade. The study reported Wisconsin ranked high among other states in the areas of judicial competence and jury predictability (the state was ranked in the top five in both of these categories). Areas where Wisconsin ranked lower than its overall 11^th place included timeliness of summary judgment/dismissal, scientific and technical evidence, and judicial impartiality. The poll surveyed nine categories of states’ tort climates, including those areas listed above.

The Legislature is expected to address two civil justice bills in the fall floorperiod – SB 49, relating to expert opinion evidence/junk science, and AB 317, relating to products liability changes.

DOT Releases Cell Phone Survey
On July 3, 2003, the Wisconsin State Patrol released a report on the results of a survey, which focused on whether or not cell phone use by drivers was a major contributor to motor vehicle crashes. The report concluded that there is not a definable relationship between driver cell phone use and motor vehicle crashes. The study also found there does not seem to be a distinction in distraction levels between hand-held and hands-free driver cell phone usage.

In an ironic twist of timing, however, merely one week after the study was released, on July 14 there was a fatal crash in Dodge County involving alleged driver cell phone usage. The driver ran a stop sign and killed a pregnant woman and her unborn baby; he has been charged with two counts of homicide by negligent use of a motor vehicle.

The accident prompted Rep. Carol Owens (R-Oshkosh) to call renewed attention to AB-58, which prohibits the use of both hand-held and hands-free cell phones while operating a motor vehicle. The bill does contain an exception that would allow the use of cell phones in emergencies. Rep. Owens is calling on the Assembly Highway Safety Committee Chair to hold a public hearing on the bill. (See a Jul.17 Journal Sentinel news article on this issue.)

Committee Votes Yes On Asbestos Trust Fund
On July 11, the Senate Judiciary Committee voted to approve creation of an Asbestos Trust Fund to compensate victims of asbestos-related illness. The Trust would be funded by business and insurance groups, and would be managed by the federal government. The Trust would replace state and federal lawsuits against such business and insurance companies by asbestos-related injured plaintiffs.

EPA Announces New Cleanup at 11 Superfund Projects in Nine States
On July 17, the EPA announced it will begin cleanup projects, authorized by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, otherwise known as the “Superfund”), for 11 new sites in 9 different states (Colorado, Louisiana, Missouri, New Jersey, New Mexico, Texas, Utah, Vermont and Idaho).The new sites are in addition to the 450 sites currently being cleaned up under Superfund. (Those 450 sites include 729 separate cleanup projects.) To date, EPA has cleaned up 852 sites on the Superfund National Priorities List (NPL).

Among other criteria, the 11 new projects were selected for cleanup primarily due to human health risks posed by the sites.

Hatch Tapped to Help Forge Compromise on Medicare Prescriptions
Sen. Orrin Hatch (R-Utah) was named as one of five Senate Republicans to the House-Senate conference committee that will draw up the final bill to strengthen and improve Medicare – including providing America’s 41 million Medicare beneficiaries with prescription drug coverage.

The Senate bill, the Prescription Drug and Medicare Improvement Act, is modeled after efforts launched last year by Hatch, Finance Committee Chairman Charles Grassley (R-Iowa), Sen. John Breaux (D-La.), Sen. Olympia Snowe (R-Maine), and Sen. Jim Jeffords (I-Vt), in attempts to develop a tripartisan Medicare prescription drug bill that Congress could adopt free from partisan politics. The bill includes a number of provisions authored by Hatch to help Utah patients and providers.

In addition to Hatch, the Republican Senators on the panel will be Grassley, Majority Leader Bill Frist (Tenn.), Budget Committee Chairman Don Nickles (Okla.), and Republican Policy Committee Chairman Jon Kyl (Ariz.). The Democratic conferees will be Minority Leader Tom Daschle (S.D.), Sen. Max Baucus (Mont.), Sen. John Rockefeller (W.V.), and Breaux. The House leaders have yet to name that Chamber’s conference participants.

July 19, 2003

• State Sen. Bob Wirch, Kenosha, 1:00p.m.

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For Further Information

Republicans lead state's representatives in fund raising: Milwaukee Journal Sentinel, July 18, 2003.

State hearing sought on DA deals: Appleton Post-Crescent, July 18, 2003.

George recall election set for Sept. 16: Milwaukee Journal Sentinel, July 18, 2003.

Phase out nursing homes, state board says: Milwaukee Journal Sentinel, July 18, 2003.

Crash sparks cell phone debate: Milwaukee Journal Sentinel, July 17, 2003.

Bill would permit concealed weapons: Wisconsin State Journal, July 17, 2003.

Concealed weapons measure planned: Milwaukee Journal Sentinel, July 17, 2003.

Republicans criticize Doyle for stalling over vetoes: Janesville Gazette, July 17, 2003.

State's unemployment rate reaches 5.6%: Milwaukee Journal Sentinel, July 17, 2003.

It's not a pretty picture: Racine Journal Times, July 17, 2003.

Driver on phone charged in crash: Milwaukee Journal Sentinel, July 16, 2003.

Power plant construction to bring aid to host cities: Milwaukee Journal Sentinel, July 16, 2003.

Doyle against adding to list: Appleton Post-Crescent, July 16, 2003.

Utility holding firm limits will stand: Milwaukee Journal Sentinel, July 15, 2003.

Doyle to veto cuts to land-buying program: Milwaukee Journal Sentinel, July 15, 2003.

Ex-district attorney's deals draw state ethics investigation: Milwaukee Journal Sentinel, July 14, 2003.

Officials probe ‘no call’ list role: Oshkosh Northwestern, July 13, 2003.

State may challenge federal no-call rules: Milwaukee Journal Sentinel, July 13, 2003.

Report pins down causes of Wisconsin’s high taxes (opinion):  Oshkosh Northwestern, July 13, 2003.

Superfund Sites: Insurors must pay some costs of cleanup: St. Paul Pioneer Press, July 12, 2003.

Counties struggle with rising number of traffic fatalities: La Crosse Tribune, July 13, 2003.

Motorcycle deaths on the rise in state: Milwaukee Journal Sentinel, July 13, 2003.