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With the upcoming Labor Day
weekend, late summer vacations and the impending
start of most schools in Wisconsin, we present
a slightly abbreviated version of Tidbits and wish everyone
a great, extended weekend as we see another
summer quickly disappear. In the meantime,
while celebrating our state’s workforce
and the great Harley-fest, our Legislature
and Governor continue to gear up for the
jobs and economic development floor session
scheduled to begin in late September. One
economic development issue that doesn’t
receive as much attention as others relates
to the legal environment and the impact
that a state’s liability system has on its
economic development. Wisconsin
addressed its civil justice system through
some major reforms in the 1995-96 legislative
session. Little, if anything, has occurred
in civil justice reform since the mid-nineties.
Two significant proposals are currently
pending before the state legislature: the
toughening of the standards for expert opinion
evidence, which has had a public hearing
in the Senate and is awaiting committee
action; and, an initiative to change Products
Liability law, which is scheduled for a
public hearing before the Assembly Judiciary
Committee on September 11. We will follow
these issues and provide more detailed information
as they progress through the legislative
process.
| Wisconsin Politics |
 |
Doyle Eliminates Department
of Employment Relations
On August 25, Governor Doyle announced
the elimination of the Department
of Employment Relations (DER), effective
August 24, 2003. The duties of the
former Department will be transferred
to a newly created Office of State
Employment Relations (OSER), an independent
agency attached to the Department
of Administration. According to the
Governor, eliminating the DER and
replacing it with the OSER will eliminate
19 state jobs and could save the state
an estimated $1 million annually. |
| Policy Developments |
|
| Interest Rate for Civil
Lawsuit Judgments
On Tuesday, August 26, the Senate
Committee on Judiciary, Corrections,
and Privacy recommended passage
of SB 231,
which would lower the statutory
interest rate applicable to court
judgments from 12 percent to no
less than four percent. By a vote
of 3-2, the bill will now go to
the full Senate for a vote. (Voting
"no" on passage of this bill were
two Milwaukee Democrats, Sens. George
and Carpenter.)
See attorney Mike Crooks’
August 21 hearing testimony,
favoring passage of this bill on
behalf of the Wisconsin Civil Trial
Counsel.
Job Creation Committee
Hears Woes of Wisconsin’s Infrastructure
On Tuesday, August 26, the Senate
Select Committee on Job Creation
met for the second time. Those testifying
before the Committee, including
industry and labor leaders, and
representatives from several of
Wisconsin’s higher education systems,
reiterated a common theme – Wisconsin
needs to secure and enhance its
infrastructure before the state
economy can grow. Following the
hearing, Committee members Sens.
Stepp (R-Sturtevant), Kanavas (R-Brookfield),
and Leibham (R-Sheboygan) announced
they are committed to securing and
enhancing the state’s infrastructure
through appropriate legislative
initiatives.
Group Insurance Board
Approves Premium Rates
On August 26, the Wisconsin Department
of Employee Trust Funds (DETF) announced
that the Group Insurance Board (GIB)
had completed negotiations with
the health plans participating in
the State’s group health insurance
program, and had approved new rate
increases. Additionally, the GIB
approved established premium rates
for the program’s self-insured plans.
Although the participating health
plans had initially bid a 17 percent
rate increase, through negotiations
the Board arrived at an approved
rate increase of 12 percent. Nationwide,
public and private employers are
expecting 14 to 16 percent premium
increases in the next year.
Manitowoc Area Residents
Initiate Farm Lawsuit Under CAA
On August 27, a local group of Manitowoc
residents known as “Centerville
CARES” announced
its intention to initiate a federal
lawsuit against a neighboring farm,
alleging Clean Air Act (CAA) violations.
The group, represented by Midwest
Environmental Advocates (MEA), sent
notice
to the farm, Maple Leaf Dairy, Inc.,
requesting that the farm take swift
action (within 60 days) to address
the group’s air pollution concerns,
or the group would take the farm
to court. Some of the air pollution
causing the Centerville CARES group
concern is the farm’s release of
ammonia.
Helmet Bill Gets Hearing
At an August 26 hearing of the Senate
Committee on Judiciary, Corrections,
and Privacy, the Committee heard
testimony on SB 223,
relating to the offering of helmet
evidence in a personal injury lawsuit
involving a crash and injury to
an open-air vehicle motorist. The
bill, authored by Sen. David Zien
(R-Eau Claire), would disallow introduction
of evidence in a personal injury
lawsuit that a motorcyclist or other
open air vehicle motorist was not
wearing a helmet at the time of
the crash that caused the individual
his or her injuries. The bill would
disallow this evidence for the purpose
of determining if the injured individual
was contributorily negligent in
not wearing a helmet, and potentially
have his or her damages diminished.
Proponents of the bill
argued that because Wisconsin repealed
its mandatory helmet law in the
1970s, it was contradictory public
policy to allow non-helmeted motorists
to be “punished” in personal injury
law suits, by allowing a jury to
decide whether or not the individual’s
damages recovery should be lessened
due to injuries sustained in part
due to not wearing a helmet. Opponents
of the bill, on the other hand,
argued that the jury should be allowed
to decide if the absence of a helmet
was an important contributing factor
to head injuries; and, even if the
evidence wasn’t allowed during the
negligence determination phase of
such lawsuits, it should be allowed
at the damages phase. |
| Federal Developments |
|
| Acting EPA Administrator
Signs New Source Review Rule
On August 27, Acting EPA Administrator,
Marianne Lamont Horinko announced
a new EPA rule establishing a provision,
under the New Source Review (NSR)
permitting program, that would allow
existing coal-fired utilities and
other facilities to upgrade their
facilities by replacing old equipment.
The new rule would affect approximately
17,000 power plants and other facilities,
including several aging coal-fired
plants that were previously unable
to replace certain aging operating
equipment under existing NSR regulations.
The rule, 40 CFR Parts 51
and 52 – Prevention of Significant
Deterioration (PSD) and Nonattainment
New Source Review (NSR): Equipment
Replacement Provision of the Routine
Maintenance, Repair and Replacement
Exclusion, is expected to go
into effect in the fall of 2004.
Head Start Bill Moves
to Senate
H.R.
2210, otherwise known as the
School Readiness Act of 2003, was
referred to the U.S. Senate Committee
on Health, Education, Labor, and
Pensions on July 25, after passing
the House on the same day. The bill,
authored by Rep. Mike Castle (R-DE),
would amend the Head Start Act,
affecting Head Start programs nationwide.
Head Start programs are committed
to helping disadvantaged children
prepare for school. H.R. 2210 would
amend the Act to create new educational
standards for Head Start instructors,
provide for a block grant funding
approach, and allow religious institutions
receiving federal Head Start dollars
to make decisions as to that money
based on religious beliefs. The
Senate Committee has thus far not
taken executive action on this bill. |
| Upcoming Fundraisers |
|
| Thursday, September 4,
2003:
Friday, September 5, 2003:
Sunday, September 7, 2003:
|
CTCW Political
Tidbits is a weekly newsletter on Wisconsin
political and policy developments prepared
for CTCW members by The Hamilton Consulting
Group. Employees of CTCW member organizations
can subscribe at: http://www.hamilton-consulting.com/wmba/form-subscribe-tidbits.html.
To unsubscribe, go to: http://www.hamilton-consulting.com/wmba/form-unsubscribe-tidbits.html
© 2003 The Hamilton
Consulting Group |
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| For Further Information |
|
For
further information on these
initiatives, contact Jim Hough at
The Hamilton Consulting
Group.
|
In the News |
|
| DNR
tightens belt, cuts workers:
Green Bay Press-Gazette, Aug. 29,
2003.
Doyle's
job rating slumps to new low, poll
finds: Milwaukee Journal Sentinel,
Aug. 29, 2003.
Prison
panel to zero in on costs: Madison
Capital Times, Aug. 29, 2003.
Corporate
tax break will grow economy (opinion):
Green Bay Press-Gazette, Aug. 29,
2003.
Wisconsin
likely to challenge Clean Air revision:
Green Bay Press-Gazette, Aug. 29,
2003.
30-year
rates are highest in year: Wisconsin
State Journal, Aug. 29, 2003.
Group forms
to explore recalling Plale:
Milwaukee Journal Sentinel, Aug.
28, 2003.
Bill
focuses on helmet use, jury awards:
Manitowoc Herald Times, Aug. 28,
2003.
Sen.
Zien pushes anti-helmet bill: Wisconsin
State Journal, Aug. 27, 2003.
Cutbacks
crumple state paper trade: Wisconsin
Rapids Daily Tribune, Aug. 28, 2003.
Harley
riders rev up local economy by about
$1 million: La Crosse Tribune,
Aug. 28, 2003.
Notice
of intent to sue dairy filed:
Manitowoc Herald Times, Aug. 28,
2003.
Clean-air
rules for plants loosened: Milwaukee
Journal Sentinel, Aug. 28, 2003.
Bills
look to extend malpractice coverage
for dental volunteers: Appleton
Post-Crescent, Aug. 25, 2003.
Economy projected
to accelerate: Milwaukee Journal
Sentinel, Aug. 25, 2003.
Experts
agree, and jobless know, manufacturing
jobs are dwindling: Wisconsin
State Journal, Aug. 24, 2003.
Dreams
of manufacturing swamped in a deluge
of Chinese goods: Appleton Post-Crescent,
Aug. 24, 2003.
Doyle
creates education task force to
study school funding: Appleton
Post-Crescent, Aug. 23, 2003. |
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