Legislative Action This Week
Assembly
On Tuesday, January 27, the Assembly took action on several bills, and three rules. Among the bills passed were:

• AB 591, relating to recording and filing documents with the offices of register of deeds and the Department of Financial Institutions; and

• SB 46, relating to the designation and marking of certain highways and bridges.

Senate
On Wednesday, January 28, the Senate passed several bills, including:

• SB 87, relating to limiting the authority of cities and villages to annex territory and specifying the boundaries for certain annexations;

• SB 279, relating to licensing and educational requirements for loan originators; and

• SB 323, relating to changing the procedures for the incorporation of cities and villages, creating a board to review incorporation petitions, and changing annexation procedures affected by incorporation petitions.

Assembly Reschedules Override Vote for Next Week
The Assembly calendar for Thursday, January 29, was cancelled. The Thursday calendar was expected to include a vote on an override of Governor Doyle’s Nov. 18, 2003 veto of SB 214, the Personal Protection Act of 2003 (relating to authorization of concealed carry of weapons). On January 22 the State Senate voted 23-10 to override the Governor’s veto. The Assembly is scheduled to reconvene on February 3 to take up last Thursday’s calendar, including a vote on the override.

Other items scheduled for next Tuesday include:

• AB 608, relating to making changes to the comprehensive planning statue known as Smart Growth;

• AB 615, relating to requiring that the Department of Transportation purge certain first convictions of Driving While Intoxicated after 10 years;

• AB 681, relating to several changes to insurance law, including prohibitions;

• AB 683, relating to broadening the number of financial institutions, from only one to potentially several, who may serve as vendors of the college savings program known as EdVest;

• AB 673, relating to 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 755, relating to electronic transactions and records.

Administrative Rules Committee Suspends Trans 233 - In Part
On Wednesday, January 28, the Wisconsin Legislature’s Joint Committee for the Review of Administrative Rules (JCRAR) voted to suspend portions of a rule that regulates development activities along state trunk highways. Trans 233 is a comprehensive rule giving DOT authority to regulate development lands that abut state trunk highways or connecting highways. Private property rights and economic development concerns, coupled with a belief that DOT had exceeded its statutory authority, formed the basis for JCRAR’s action which returns the state of the law to pre-1999 status. The portion of the rule not suspended clarifies DOT’s authority over land use along state highways. (See the Wisconsin Department of Transportation’s press release following JCRAR’s action on Trans 233. See also Sen. Leibham’s press release.)

Proposed Constitutional Amendment on Government Spending to Receive Changes
It was reported this week that AJR 55, the proposed constitutional amendment to overhaul local government spending by requiring taxpayer approval of any tax increase, will receive some major revisions before seeing Assembly action. Key members of both Houses have expressed serious concerns about the current proposal’s potential impact on bonding and other economic development proposals. Revisions are underway and will be reported in Tidbits as they come to light.

Governor Signs Bill Giving Tax Break to Organ Donors
Governor Doyle is signing AB 477 on Jan. 30 - the landmark legislation to create an individual income tax deduction for individuals who donate a human organ as a living donor. The legislation is the first of its kind to be passed anywhere in the nation, despite several states who have introduced the concept. See bill author Rep. Wieckert’s statement regarding the bill’s passage by the Senate and his statement regarding the Governor’s January 30^th bill signing.

Obesity Bill Passes through Assembly Committee
On Monday, January 26, AB 595 received a public hearing from the Assembly Committee on Judiciary. The Committee took executive action on this bill on Thursday, January 29, voting 5-3 in favor of passage.

Assembly Committee Favors Passage of Aging Driver Bill
On Thursday, January 29, the Assembly Committee on Transportation voted 15-1 in favor of passing AB 575, as amended. (The Committee voted unanimously to recommend adoption of Substitute Amendment 1 to AB 575.) The bill makes changes to Wisconsin law regarding operator's license renewals for aging drivers, including imposing fees for certain driving skills tests.

In a related discussion, the Wisconsin Department of Transportation is readying to launch its new pilot program to assist elderly drivers, called the Enhanced Mobility Pilot Project. Please see the Hamilton Consulting Group’s Update summarizing this program.

Senate Committee Favors Passage of ‘Conscience Clause’ Bill
On Thursday, January 29, the Senate Committee on Health, Children, Families, Aging and Long Term Care voted 7-2 in favor of passage of AB 67, as amended. The bill relates to providing health care workers the authorization to ‘opt out’ of providing certain heath care services based on the individual’s conscience concerns about the particular service.

Senate Committee to Hear Bonding Bill
The Senate Select Committee on Job Creation has scheduled a public hearing and possible executive session on SB 384, relating to authorizing technical college districts to issue revenue bonds for the purpose of providing training services and facilities to businesses to be reimbursed by an income tax increment.

Assembly Committee to Hear Bill Addressing Bank Lawsuits
The Assembly Committee on Financial Institutions has scheduled a public hearing and possible executive session on AB 731, relating to a prohibition against certain lawsuits filed against financial institutions for alleged promises or commitments made when such promises are not made in writing.

Supreme Court Accepts New Cases
On January 28, the Wisconsin Supreme Court announced it had voted to hear 22 new cases. (See the link to the press release for names of the cases, brief summaries, and the counties of origin.) Issues the court will be asked to rule on include:

• Are caps on loss of society and companionship in a wrongful death case constitutional?

• Did the Court of Appeals err when it found that the manufacturer of a foundry sand could not be held strictly liable for a worker’s silicosis because the product had undergone a substantial change?

• Does Wisconsin’s “Lemon Law” require a consumer to use only specific statutory terminology when requesting a comparable vehicle in exchange for an alleged “lemon”?

State Appeals Circuit Court Ruling Invalidating Airline Tax Breaks
On Wednesday, January 28, State Attorney General Peg Lautenschlager announced she would appeal the Nov. 7, 2003 Circuit Court ruling invalidating the Wisconsin statute authorizing a property tax exemption for hub airlines, which directly impacts Midwest Airlines and Air Wisconsin. The statute, enacted by the 2001 Legislature, was intended to stimulate economic development by creating a competitive environment for airline companies whose hubs are located in Wisconsin.

The circuit court ruling found that this statute violated the Commerce Clause of the Constitution. The Attorney General, however, disagrees, and filed the appeal on this basis as well as on grounds that the Wisconsin Legislature has determined that the tax break is critical for keeping good jobs in Wisconsin. The Attorney General’s action was urged and is supported by numerous state legislators of both parties who signed a letter requesting an appeal immediately following the November ruling.

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

Senate Confirms Executive Director of WHEDA
On Wednesday, January 28, the Senate voted 32-1 to confirm Antonio Riley as Executive Director of the Wisconsin Housing and Economic Development Authority.

Bush Administration to Force Clean Up of Coal-Fired Plants
On January 21, the Environmental Protection Agency (EPA) announced it was bringing court action, under the New Source Review (NSR) enforcement provision of the Clean Air Act (CAA), to force clean up of several aging coal-fired power plants. This action is seemingly in controversion of the Administration’s efforts, over the past year, to lessen the severity of the NSR requirements and make it easier for aging power plants to update their equipment without finding themselves in noncompliance. When announcing the lawsuits, however, EPA Administrator Mike Leavitt stated that the Administration plans to aggressively enforce the existing NSR rule until the revised rule, currently pending a determination of legality in another federal lawsuit, is found acceptable.

Senate Passes Pension Bill
On Wednesday, January 28, the U.S. Senate passed The Pension Stability Act, legislation to reform pension plan funding by providing a short-term, two-year fix to protect employers from what could become artificially inflated pension contributions. Business groups and unions support the legislation.

As passed by the House last fall, H.R. 3108 would provide two years of relief for all defined benefit pension plans facing required contribution levels that may be artificially inflated. The bill provides relief by replacing the discontinued 30-year Treasury bond interest rate with a rate based on a composite of long-term corporate bonds for years 2004 and 2005.

The Senate passed the bill with an amendment that separately would allow airlines, steelmakers and others with underfunded plans who must make catch-up deficit reduction contributions to waive large parts of their catch-up pay over the next two years. They could waive 80 percent of those payments the first year and 60 percent the second year.

The bill still must be reconciled with the House version and ironed out with the Administration, which is balking at a provision giving special treatment to airlines and steelmakers with chronic pension underfunding problems.

Sunday, February 1, 2004:

• Republican Party of Milwaukee County, 1:00 p.m., Milwaukee, WI

Monday, February 9, 2004:

• Wisconsin Republican Young Professionals, 5:30 p.m., Menasha, WI

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Tidbits Archives

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For Further Information

We all have a stake in keeping Wisconsin’s economy vibrant (opinion): Fond du Lac Reporter, Jan. 29, 2004.

Court rejects Port plants' approval: Milwaukee Journal Sentinel, Jan. 30, 2004.

More tests for older drivers (opinion): Milwaukee Journal Sentinel, Jan. 30, 2004.

Defendants must be told about state law: St. Paul Pioneer Press, Jan. 30, 2004.

Keeping jobs in Madison (opinion): Madison Capital Times, Jan. 30, 2004.

GM to invest $175 million in Janesville plant: Janesville Gazette, Jan. 29, 2004.

Metro joblessness up in December: Appleton Post-Crescent, Jan. 29, 2004.

Wind turbine suit against WPS set for trial by year’s end: Green Bay Press-Gazette, Jan. 29, 2004.

State to appeal ruling against property tax break for airlines: Janesville Gazette, Jan. 29, 2004.

Vote over concealed weapons delayed again: Milwaukee Journal Sentinel, Jan. 29, 2004.

Venture capital investments in state firms drop to 8-year low: Milwaukee Journal Sentinel, Jan. 28, 2004.

Fight over state air pollution rights comes to public: Racine Journal Times, Jan. 28, 2004.

Solberg stepping down from DNR board: St. Paul Pioneer Press, Jan. 28, 2004.

U.S. Senate candidate stops in La Crosse: La Crosse Tribune, Jan. 28, 2004.

Push for spending amendment revives taxes debate: Milwaukee Journal Sentinel, Jan. 26, 2004.

Stampede for House seat begins: Milwaukee Journal Sentinel, Jan. 26, 2004.

Wisconsin: Open for business (opinion): Wisconsin State Journal, Jan. 23, 2004.

George pleads guilty to fraud: Wisconsin State Journal, Jan. 23, 2004.

Two cars and one view: Milwaukee Journal Sentinel, Jan. 25, 2004.

State Sen. Dave Hansen column: Economic improvement is key: Green Bay Press-Gazette, Jan. 25, 2004.

State Rep. Becky Weber column: Fighting tax increases top priority: Green Bay Press-Gazette, Jan. 25, 2004.

State manufacturing jobs off 13 percent since 1999: Madison Capital Times, Jan. 23, 2004.