Civil Trial Counsel of Wisconsin



	Political Tidbits	Compiled by The Hamilton Consulting Group Jan. 19, 2004

Two major pieces of economic development legislation should receive final legislative action this week and both are supported by the Governor and, therefore, expected to become law in the very near future. These proposals relate to the oft reported regulatory reform/Jobs Creation Act and Tax Incremental Financing (TIF).

The bills, AB 655 (regulatory reform) and SB 305 (TIF), have been developed over the course of the last 12 months with broad-based input, scrutiny and compromise which, in both cases, required numerous drafting re-writes of often very complicated and technical issues. Both proposals ultimately garnered support of legislative leaders as well as the Administration. Legislative leaders and the Administration also accepted and listened to input from affected parties and weighed and balanced numerous interests. Final legislative passage and gubernatorial signature will add to other positive economic development and jobs initiatives and go a long way toward fulfilling commitments both have made to improving and enhancing our economy and our reputation as a great place to live and do business.

AB 655 passed the Assembly January 13 and will be taken up by the Senate tomorrow, while SB 305 passed the Senate on November 13, 2003 and will be voted on in the Assembly, also tomorrow. Additionally this week, the Senate Committee on Judiciary, Corrections and Privacy will take up SB 126 on Friday, which proposes several changes to Wisconsin’s Product Liability Law. Please see the Hamilton Consulting Group’s Updates on the following:

Policy Developments

Extraordinary Session Wrap Up
Assembly:
The Assembly completed its action in Extraordinary Session on Tuesday, January 13, with passage of AB 655 - the Jobs Creation Act of 2003. In addition, the Assembly passed six of the 10 individual bills that were separated out from the original version of AB 655. Bills passed by the Assembly in Extraordinary Session last Tuesday included:

AB 655, the Jobs Creation Act of 2003, including adoption of Assembly Substitute Amendment 2 (passed 80-14).
AB 727, relating to making patient health care records concerning health care operations inapplicable to restrictions that apply to release without informed consent (passed 59-35).
AB 729, relating to petitions by certain telecommunications utilities regarding unbundled network or service elements (passed 57-37).
AB 730, relating to the acquisition of in-state banks and in-state bank holding companies (passed 59-35).
AB 732, relating to nonmetallic mining reclamation financial assurances (passed 58-36).
AB 734, relating to partial deregulation of telecommunications services (passed 57-37).
AB 735, relating to strategic energy assessments (passed 57-37).

Senate:
The Senate is expected to conclude its activity in Extraordinary Session on Tuesday, January 20. At this time, the only bill scheduled for Extraordinary Session activity is AB 655.

Regular Session Schedule
Assembly:
The Assembly’s proposed Regular Session schedule for this week includes a calendar for Tuesday, January 20. The Assembly is expected to take final action on SB 305 and SB 306 relating to substantial changes to Wisconsin’s Tax Incremental Financing (TIF) law. See the Hamilton Consulting Group’s Update on the proposed TIF legislation.

In addition, the Assembly is expected to vote to ratify six state employment contracts and act on other items, including:

AB 209, relating to allowing an individual income tax deduction for certain amounts contributed by a great-grandparent, aunt, or uncle to a college savings account or a college tuition and expenses program.
AB 440, relating to advertising by intoxicating liquor retailers.
AB 468, relating to exclusion of witnesses from legal proceedings.
AB 728, relating to comprehensive planning by local governmental units and fees imposed by political subdivisions.
AB 733, relating to reciprocal agreements for real estate licenses.
SB 17, relating to creating a Joint Committee on Court Judgments and Settlements made on behalf of the state.
SB 252, relating to Joint Committee on Finance review of stewardship acquisitions.

The Assembly members will be available on Wednesday and Thursday if Senate action requires that the Assembly convene to address Senate action.

Senate:
The Senate’s Regular Session schedule for this week includes a calendar for Tuesday, January 20 (following Extraordinary Session schedule) and Wednesday, January 21. On Tuesday, the Senate will address seven state contracts and five resolutions. On Wednesday, the Senate is scheduled a vote on a veto override of SB 214, relating to concealed carry of weapons. Additionally on Wednesday, the Senate will take up several bills, including:

SB 279, relating to examination and education requirements for loan originators of mortgage brokers and mortgage bankers. (The Assembly companion to this bill, AB 610, is scheduled to receive an Assembly committee vote on the same day.);
SB 326, relating to the deceptive or misleading use of the name of a state-chartered bank, savings bank, savings and loan association, or credit union, the deceptive or misleading use of a name that is deceptively similar to the name of a state-chartered bank, savings bank, savings and loan association, or credit union, and providing a penalty; and
AB 54, relating to the sale of tax delinquent real property.

Senate Judiciary Committee to Take up Product Liability Bill
On Friday, January 23, the Senate Committee on Judiciary, Corrections and Privacy will hold a public hearing and possible executive session on SB 126, making several changes to Wisconsin’s Product Liability Law. The hearing is scheduled for 10:00 a.m. in room 201 SE. Please see the Hamilton Consulting Group’s Update on the bill’s proposed changes.

Insurance Commissioner Urges Citizen Involvement
On Wednesday, January 14, the Commissioner of Insurance advised Wisconsin citizens to take a more active approach in their insurance policies, suggesting that consumers may be able to save substantial amounts of money by learning about and taking advantage of potential insurance policy premium discounts.

Elections Board to Consider Issue Ad Rule Implementation
On Wednesday, January 14, the State Elections Board voted 5-4 in favor of considering implementation of state rules that would reflect new federal regulations (implementing the McCain-Feingold campaign finance reform law) prohibiting so-called issue ads, or negative advertisements against a campaign opponent.

For further information on legislative activity of interest to CTCW members, go to CTCW Legislative Tracking Report.

Wisconsin Politics

Doyle Delivers State of State Address
As reported last week, Governor Doyle will deliver his “State of the State Address" on Wednesday, January 21, to a joint session of the Legislature at 7:00 p.m. in the Assembly Chambers of the State Capitol. The address will be carried live by Public Television.

Ethics Board Dismisses Stepp Complaint
On Thursday, January 15, the State of Wisconsin Ethics Board dismissed the ethics complaint against Sen. Cathy Stepp (R-Sturtevant). The Dec. 31, 2003 complaint alleged that Sen. Stepp improperly used her public office to promote legislation (namely, the Jobs Creation Act of 2003) that would benefit her personal financial interests.

The Ethics Board found that Sen. Stepp’s activity in relation to the Jobs Creation Act was truthful and lacked any ethics violation. The Board characterized the issues raised in the complaint as “essentially political in nature” and without substance. (See Sen. Stepp’s press release following dismissal of the complaint.)

George Pleads Not Guilty
On Thursday, January 15, former Sen. Gary George pled not guilty to the three corruption charges filed against him earlier this month (see last week’s Tidbits for details of the January 6 charges.) After pleading, George was released on his own recognizance pending further court scheduling.

Kluesner Leaves DNR
On January 15 the Department of Natural Resources (DNR) announced that Executive Assistant Elizabeth Kluesner would be leaving the DNR at the end of the month after working for the state agency for 12 years, part of those years as a legislative liaison for the Department. Kluesner’s email resignation stated that she plans to spend time with her family and explore other professional opportunities.

Federal Developments

Federal Court Rejects Administration Energy Efficiency Rule
On Tuesday, January 13, The U.S. Court of Appeals for the 2nd Circuit ruled that Department of Energy (DOE) had illegally altered a previously passed rule relating to energy-efficiency. In April 2001, the DOE passed a rule calling for a 20 percent increase in energy-efficiency of air conditioners and heating pumps by 2006. This rule altered a previous Clinton Administration rule calling for 30 percent increase in efficiency by 2006. Those who support the more substantial (30 percent) increase say it will prove to save consumers more money in the long run and will also benefit the environment. Opponents, however, say that the more substantial increase will impose large costs on industry which will inevitably be passed on to consumers.

Class Action Reform Legislation May See Revival
In October of 2003 the Senate fell one vote short of overcoming a filibuster, apparently killing legislation seeking to move a majority of class-action lawsuits from state courts to federal courts. The bill, which has already passed the House and has the support of the Administration, may see a revival in 2004 due to a December compromise that was reached with Senate Democrats concerned over moving too many cases to federal courts. Reportedly, the compromise holds most of the original bill intact, yet calls for an additional category of cases that can remain in state courts.

In a related development, the Journal of Empirical Studies recently reported on a study finding that plaintiff awards and attorney’s fees in class action lawsuits have not been steadily rising. A January 14 New York Times article relayed the findings of the study. On the same day, the American Tort Reform Association (ATRA) controverted the findings, claiming the study was “fatally flawed” for not taking into account “the handful of egregious state court jurisdictions—we call them ‘Judicial Hellholes.’”

For information on the original class action reform bills, dubbed the Class Action Fairness Act of 2003, see H.R. 1115 and S. 1751.

Upcoming Fundraisers

Monday, January 19, 2004:

St. Rep. Ann Nischke, (R-Waukesha), 5:00 p.m., Waukesha

Tuesday, January 20, 2004:

Joan Kessler, (Candidate for Wisconsin Court of Appeals 2004), 5:30 p.m., Milwaukee

Thursday, January 22, 2004:

Celebration of the Career of Donald Schneider, Senate Chief Clerk, 5:00 p.m., Madison

Monday, January 26, 2004:

St. Rep. Judy Krawczyk, (R-Green Bay), 5:00 p.m., Green Bay

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.ctcw.org/form-subscribe-tidbits.html.
To unsubscribe, go to: http://www.ctcw.org/form-unsubscribe-tidbits.html.

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For Further Information

For further information on these initiatives, contact Jim Hough at The Hamilton Consulting Group.

In the News

Bill will hike state pensions: Wisconsin State Journal, Jan. 19, 2004.

Sherry power plant still an option: Wisconsin Rapids Daily Tribune, Jan. 19, 2004.

Bill on permits splits top Democrats: Wisconsin State Journal, Jan. 18, 2004.

Regulation in slow motion (opinion): Milwaukee Journal Sentinel, Jan. 18, 2004.

Pass improved permits bill (opinion): Milwaukee Journal Sentinel, Jan. 17, 2004.

Gun vote targets Doyle's big speech: Milwaukee Journal Sentinel, Jan. 16, 2004.

GOP to try to override veto of gun-toting bill: Wisconsin State Journal, Jan. 16, 2004.

Panel OKs regulatory overhaul: Appleton Post-Crescent, Jan. 16, 2004.

DNR grants air permit for planned Oak Creek coal plants: Milwaukee Journal Sentinel, Jan. 16, 2004.

Opponents appeal power-line approval: Stevens Point Journal, Jan. 16, 2004.

Law would clear 1st drunken driving offenses after 10 years: Milwaukee Journal Sentinel, Jan. 16, 2004.

Panel to study so-called issue ads: Wisconsin State Journal, Jan. 15, 2004.

Doyle: State is helping businesses: Wisconsin State Journal, Jan. 15, 2004.

Internet, catalog sales tax bill stalls: Milwaukee Journal Sentinel, Jan. 15, 2004.

Biz leaders laud North: Madison Capital Times, Jan. 15, 2004.

Commission gives a powerful message (opinion): Wisconsin State Journal, Jan. 15, 2004.

Midwest Energy makes case for increasing its coal capacity to DNR: Superior Daily Telegram, Jan. 15, 2004.

DOT bans companies implicated in road project bid-rigging case: Appleton Post-Crescent, Jan. 15, 2004.

Assembly passes bill easing air, water rules: Wisconsin State Journal, Jan. 14, 2004.

Permit process bill pushed ahead: Appleton Post-Crescent, Jan. 14, 2004.

Permit-hastening bill clears Assembly: Milwaukee Journal Sentinel, Jan. 14, 2004. D

Officials surprised by Rayovac move: Wisconsin State Journal, Jan. 14, 2004.

Rayovac's lesson: Focus on business (opinion): Wisconsin State Journal, Jan. 14, 2004.

Doyle pushes minimum-wage hike: Appleton Post-Crescent, Jan. 14, 2004.

Doyle vetoes effort to abandon funding for jobs program: Janesville Gazette, Jan. 13, 2004.

Builders charged with bid-rigging: Milwaukee Journal Sentinel, Jan. 14, 2004. 4

Bank robberies up across state, FBI says: Manitowoc Herald Times, Jan. 14, 2004.

Area legislator announces bid for Welch’s state Senate seat: Appleton Post-Crescent, Jan. 13, 2004.

Alliant loses final battle over state law: Milwaukee Journal Sentinel, Jan. 13, 2004.

Permit bill comes with trepidation: Appleton Post-Crescent, Jan. 13, 2004.

Car seat law in process: Oshkosh Northwestern, Jan. 12, 2004.