Doyle Speaks at First “Building the New Wisconsin Economy” Forum
On September 16, Governor Doyle spoke at a public forum sponsored by Building the New Wisconsin Economy (BNWE), a group of representatives from Wisconsin’s news media, economic development, academic, business, and labor communities committed to keeping citizens informed on upcoming economy-building initiatives and provoking citizen discussions on the state’s economy. September 16 marked BNWE’s first forum, one of seven forums BNWE plans to hold over the next 15 months. (For more on BNWE’s schedule and activities, including a membership list, go to its website.) 

At the forum, Gov. Doyle announced his commitment to improve the state’s economy, and called on legislators to work with him to implement his Grow Wisconsin initiative (the Gov.’s economic development package announced last week) as soon as possible. 

DNR Names Shea New Air and Waste Administrator
On September 15, Department of Natural Resources (DNR) Secretary Scott Hassett appointed Al Shea as Administrator of the Department’s Air and Waste Division. Shea replaces Jay Hochmuth, who has been reassigned within the Department. Shea has worked for the DNR since 1984, where he has been director of the Bureau of Watershed Management for the past six years. 

In his new position, Shea will oversee the activities of more than 400 employees in three programs: Air Management, which is responsible for air quality and air emissions permitting; Waste Management, which handles disposal of solid and hazardous wastes; and Remediation and Redevelopment, which oversees the cleanup and beneficial re-use of contaminated land. Shea will begin his new duties on September 22, 2003. 

George Recall Date Set
On Wednesday, September 10, Dane County judge Maryann Sumi handed down a ruling in state Sen. Gary George’s (D-Milwaukee) appeal of the state Elections Board’s decision to allow a recall election. Judge Sumi found that the Elections Board did not err in its decision to allow the recall election. The judge ruled that the Committee to Recall Gary George did not violate any state laws, contrary to Sen. George’s allegations, in circulating the petition that began the recall effort.  

On September 12, the Elections Board set the dates for the special election: October 21, 2003 for the primary, and November 18 for the general election. Initially, two candidates had registered to run against George, state Rep. G. Spencer Coggs (D-Milwaukee), and former state Sen. Monroe Swan (D-Milwaukee). On September 11, however, the Elections Board ruled that Swan was ineligible to run due to a 1980 felony conviction for embezzlement of federal funds. Since both candidates are Democrats, a primary will still be held in addition to the general election, to allow for any potential write-in candidates. 

Supreme Court Accepts Challenge to Doyle’s Gaming Compacts
On September 12, the Wisconsin Supreme Court issued an order accepting original jurisdiction over Mary E. Panzer, et. al. v. James E. Doyle (case No. 03-0910-OA), the Senate Republicans’ lawsuit against Governor Doyle. The lawsuit alleges that Doyle’s negotiations of Indian gaming compacts, pursuant to the Indian Gaming Regulatory Act, 25 U.S.C., Sec. 2701-02, was in violation of the Wisconsin Constitution. 

The Court ordered petitioners to file a brief within 40 days, with a response due date for respondents 35 days after that; additionally, the Court stated there would be no time extensions.

WMC Report Finds Natural Gas Reliance Harmful to Economy
On September 16, the Wisconsin Manufacturers and Commerce Association (WMC) announced results of its study – “Implications for Wisconsin Manufacturing Industries of the Increasing Use of Natural Gas for Electricity Generation in the State.” The study found that the expense of using natural gas for electricity generation, as opponents to We Energies’ Oak Creek plant proposal suggest, is substantially higher than the cost of coal generated electricity. The added costs, says WMC, would negatively affect the state’s economy by driving up gas prices, and possibly forcing layoffs by creating higher employer costs due to the more expensive energy. 

Key points of WMC’s findings include:

• If natural gas is required, by 2020 the Oak Creek power plants would drive up natural gas prices in Wisconsin for industrial customers by 30 to 35 percent;

• If natural gas is required, by 2020 the Oak Creek power plants would provide energy that is 25 percent more expensive than coal-fired plants;

• Fueling the proposed Oak Creek plants with natural gas instead of coal would require approximately the amount of natural gas used annually by all of the homes in Wisconsin.

Wisconsin Cooperative Health Care Purchasing Alliance Project
On September 16, the Senate Committee on Health, Children, Families, Aging and Long Term Care held a public hearing on SB 204, relating to creation of the Wisconsin Cooperative Health Care Purchasing Alliance Project. The bill would authorize a pilot program of five health benefits purchasing cooperatives, located throughout the state, which would provide health care benefits to employees, members, and officers of the members of each cooperative and to their dependents through a three-year contract with a defined network plan. The health insurance risk of all cooperative members would be pooled, the members would design the health care benefits options offered, and the members would purchase their health care benefits from a defined network, although the plan would include provisions detailing how health care benefits received outside of the network would be dealt with. 

Bill Would Lift Ban on Nuclear Power Plants in Wisconsin
On September 17, state Rep. Mike Huebsch (R-West Salem), announced his plan to introduce a bill that would lift Wisconsin’s twenty-year ban on construction of new nuclear power plants. Under current law, the Public Service Commission (PSC) requires that additional measures, beyond those required for other energy plant proposals, be taken by applicants for a nuclear plant construction permit. 

Two major requirements that these applicants must meet are showing that a nearby nuclear waste disposal site is available, and that building the plant will save ratepayers money. Huebsch’s proposed bill would eliminate these requirements, putting nuclear power plants on equal footing with other power plants, in order to pave the way for considering nuclear energy as an alternative power source for filling the state’s future energy needs.

Even After State Farm, Punitive Damages Limits Still Up in the Air
In April 2003, the United States Supreme Court ruled in State Farm v. Campbell that excessive punitive damages awards violated the Constitution’s guarantee of due process. The Court defined “excessive” as punitive damages measured above a 9-1 ratio to compensatory (or “actual”) damages. Since that ruling, however, several plaintiff lawyers and courts have argued toward creative new ways to measure compensatory damages, trying to, and in some cases, succeeding in upping the limit of actual damages in order to comply with the ruling providing for a cap on punitive damages based on their multiplication of compensatory damages.

In one instance, merely one month after State Farm, the Wisconsin Supreme Court accepted an argument that the insurance claim of $490,000 for costs related to an insured’s automobile accident constituted compensatory damages, which could then be multiplied up to nine times by the jury in deciding upon an allowable punitive damages amount. Civil justice reform advocates are examining options under both federal and state laws. 

Senate Defies FCC Plan to Help Big Media Grow Bigger
On September 16, the Republican-controlled Senate approved a resolution to repeal all of the Federal Communications Commission’s (FCC) new rules that would open the door to more intensive ownership by the nation’s largest media corporations. (The new rules, allowing one media company to own both a newspaper and a television station in the same city, have prompted concern about diversity of news reporting among those opposed to the rules.) By a vote of 55-40, the Senate voted to vacate the controversial new rules before they are scheduled to take effect. Senate Democrats were joined by 12 Republicans and one Independent in voting for the resolution. (Two Democrats and 38 Republicans voted against.) 

The resolution will now go to the House for approval. Although it remains unclear whether the House will approve the resolution, even if it does pass both houses, the resolution will have to avoid a Presidential veto before it would become effective; President Bush has already threatened to veto the resolution, should it come to him.

The resolution, called a resolution of disapproval, is the product of a little known legislative power to overturn the actions of regulators under the Congressional Review Act, passed in 1996. (The Act has only been used once before, in 2001, to override the Occupational Safety and Health Administration’s (OSHA) ergonomics rules developed during the Clinton Administration.) If the resolution is passed, the FCC will be prevented, under the Act, from reissuing any rules of substantially the same character.

Saturday, September 20, 2003:

• State Rep. Debi Towns (R-Janesville)

Monday, September 22, 2003:

• State Rep. Scott Gunderson (R-Waterford), 4:30 p.m., Waterford, Wis.

• State Rep. Mark Gundrum (R-New Berlin), 5:00 p.m., New Berlin, Wis.

Friday, October 3, 2003:

• State Sen. Gary George (D-Milwaukee), 7:30 a.m., Milwaukee, Wis.

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Small business is vital to economy (opinion): Wisconsin Rapids Daily Tribune, Sept. 19, 2003.

State jobless rate rose slightly in August: Manitowoc Herald Times, Sept. 19, 2003.

Many counties will take W-2 cuts: La Crosse Tribune, Sept. 19, 2003.

Racine testifies on coal (opinion): Racine Journal Times, Sept. 19, 2003.

Hundreds show up for public hearings on proposed power plants: Janesville Gazette, Sept. 19, 2003.

Hearings fire up coal plant passions: Milwaukee Journal Sentinel, Sept. 18, 2003.

Workers rally to back coal-fired plants: St. Paul Pioneer Press, Sept. 19, 2003.

Huebsch wants to jump-start nuclear power plants in state: Janesville Gazette, Sept. 18, 2003.

Governor, leaders bullish on state economy’s future: Green Bay Press Gazette, Sept. 17, 2003.

Economic forum plans for future: Marshfield News Herald, Sept. 17, 2003.

Study assails gas-fired plant plan: Wisconsin State Journal, Sept. 17, 2003.

Lawmaker wants to lift ban on nuclear plants: Milwaukee Journal Sentinel, Sept. 17, 2003.

Power line incentive urged: Milwaukee Journal Sentinel, Sept. 17, 2003.

Briggs warns of 22,000 lost jobs: Milwaukee Journal Sentinel, Sept. 17, 2003.

State files pollution lawsuit against Kewaunee Co.: Green Bay Press-Gazette, Sept. 16, 2003.

This revision needs revision (opinion): Milwaukee Journal Sentinel, Sept. 16, 2003.

Hiring revival possible, poll says: Milwaukee Journal Sentinel, Sept. 16, 2003.

Economic forum series opens here: Wausau Daily Herald, Sept. 16, 2003.

At last, state seeks regulatory reform (opinion): Wisconsin State Journal, Sept. 16, 2003.

Timing poor to suggest higher minimum wage (opinion): Oshkosh Northwestern, Sept. 16, 2003.

Doyle asks for county unity: La Crosse Tribune, Sept. 16, 2003.

Prison plan could spare taxpayers: Oshkosh Northwestern, Sept. 16, 2003.

Bill would help county boards downsize: Milwaukee Journal Sentinel, Sept. 16, 2003.

Analysis: Corporate income taxes down over last decade: Janesville Gazette, Sept. 15, 2003.

Study: Increasing minimum wage would help 130,400: Appleton Post-Crescent, Sept. 15, 2003.

Jobs plan has merit (opinion): Madison Capital Times, Sept. 15, 2003.

Wisconsin’s economy needs regulatory reform (commentary): Oshkosh Northwestern, Sept. 14, 2003.

Small business is vital to economic plan (opinion): Wisconsin Rapids, Daily Tribune, Sept. 14, 2003.