Civil Trial Counsel of Wisconsin



	Political Tidbits	Compiled by The Hamilton Consulting Group Feb. 6, 2004

Following an active week of floor sessions, the Legislature will use the next two weeks for committee work to prepare for the final three weeks (February 24 to March 11) of the 2003-04 regular legislative session. Numerous outstanding proposals will be competing for the opportunity to be acted upon by the Legislature and sent to the Governor for his action.

Key legislative activity of the past week is summarized below. A number of bills were “trailers” to the earlier adopted regulatory reform package. The Senate also gave final approval to a proposal that would provide refundable tax credits for the various Commerce zone programs including Technology, Community, and Enterprise Development Zones aimed at additional job creation and assistance to small and start-up companies, many in distressed areas. The Senate also approved a bill intended to tighten the standards for expert opinion evidence in civil cases and to eliminate or reduce the use of “junk science” in our court cases. That bill has not yet been addressed by the Assembly.

Policy Developments

This Week in the Legislature
Senate

On Tuesday, February 3, the Senate passed several bills. Among them:

SB 49, relating to expert opinion evidence, by a vote of 18-15. A public hearing by the Assembly Committee on the Courts has been scheduled for Wednesday, February 11, at 9:30 a.m. in Room 400 NE, Capitol. (See press release from the bill’s author, Sen. Bob Welch.)
AB 508, relating to refundable tax credits for all of the zone programs and extending the loss carry forward for the income and franchise tax credit for sales tax and use tax paid on fuel and electricity consumed in manufacturing, by a vote of 23-10. This bill passed the Assembly, 73-23, on Nov. 12, 2003. It is now headed to the Governor for action. (See press release from the bill’s co-authors, Sen. Bob Welch and Rep. Steve Wieckert.)

On Wednesday, February 4, the Senate took action on several bills from its current, Regular Session, as well as some bills remaining from the recent Extraordinary Session.

In Regular Session, the Senate passed:

SB 227, relating to licensing requirements for discipline of and reporting requirements for health care professionals; passed 33-0 as amended by Senate Amendment 1, Senate Amendment 2, and Senate Amendment 3.

In Extraordinary Session, the Senate passed:

AB 729, relating to petitions by certain telecommunications utilities regarding unbundled network or service elements, as amended by Senate Substitute Amendment 2. (Passed by the Assembly on Jan. 13, 57-37.) The bill as amended by the Senate was concurred by the Assembly on Thursday, Feb. 5.
AB 732, relating to nonmetallic mining reclamation financial assurances, voice vote. (Passed by the Assembly on Jan. 13, 58-36.)
AB 733, relating to reciprocal agreements for real estate licenses, 31-1. (Passed by the Assembly on Jan. 20, 57-38.)
AB 735, relating to strategic energy assessments, voice vote. (Passed by the Assembly on Jan. 13, 57-37.)
SB 372, relating to making patient health care records concerning health care operations inapplicable to restrictions on release without informed consent, 29-4.
SB 374, relating to the acquisition of in-state banks and in-state bank holding companies, voice vote.
SB 375, relating to comprehensive planning by local governmental units and fees imposed by political subdivisions (changes to ‘Smart Growth’), as amended by Senate Substitute Amendment 1, voice vote. The bill, as amended by the Senate, was concurred by the Assembly on Thursday, Feb. 5.

Assembly

Thursday action:

AB 668, relating to various changes in the unemployment insurance law, granting rule-making authority, and making appropriations. (Passed, voice vote.)
AB 669, relating to making various changes in the worker's compensation law and granting rule-making authority. (Passed, voice vote.)
AB 728, Smart Growth changes; local fees. (Passed, 60-37.)
SB 381, (In lieu of AB 739) Regulatory examinations of savings banks and savings and loan associations. (Passed, voice vote.)
AB 595, relating to civil liability exemption for claims resulting from weight gain and obesity. (Engrossed on voice vote. Final action delayed until February 24.)

Governor Vetoes JFC Oversight of Stewardship Fund
On Wednesday, February 4, Governor Doyle announced his veto of SB 252, relating to authorizing the Joint Committee on Finance to review land acquisitions by the Department of Natural Resources’ stewardship program. (The bill previously passed the Senate, 18-14, on Nov. 5, 2003, and the Assembly, 58-37, on Jan. 20, 2004.)

Governor’s Conference on Economic Development
The 2004 Governor’s Conference on Economic Development will be held at the Concourse Hotel in Madison on February 12 and 13. The Conference is produced by the Wisconsin Economic Development Association. Additional information can be obtained at www.weda.org .

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

Wisconsin Politics

Toles Sworn In to Assembly
On Tuesday, February 3, Barbara L. Toles (D-Milwaukee) was sworn in to the Wisconsin State Assembly as the Representative for the 17^th District. Toles replaces former Representative and current State Senator Spencer Coggs (D-Milwaukee), who was elected to the State Senate last fall. (See press release from Rep. Toles.)

Governor Announces Appointments
On Tuesday, February 3, Governor Doyle announced several appointments, effective as of Feb. 1, 2004. (For a list of the appointments, please follow the link to the Governor’s announcement.)

Governor Announces PGA Partnership
On Thursday, February 5, Governor Doyle announced an anticipated partnership between the State of Wisconsin and the Professional Golf Association (PGA). The partnership is related to the PGA national championship which will be held Aug. 9-15, 2004 at Whistling Straits golf course near Kohler, Wisconsin.

Federal Developments

EPA Proposes Interstate Transport and Mercury Reduction Rules
On Jan. 30, 2004, the EPA published two proposed rules aimed at further reducing air emissions in areas that are not currently attaining the national air quality standards (NAAQS) for certain air pollutants. The two rules are the Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone (Interstate Air Quality Rule), and the Proposed National Emission Standards for Hazardous Air Pollutants; and, in the Alternative, Proposed Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units; Proposed Rule (also known as the Proposed Mercury Reductions Rule).

Upcoming Fundraisers

Monday, February 9, 2004:

Wisconsin Republican Young Professionals (WiRYP) Social Event, 5:30 p.m., Menasha, Wis.

Tuesday, February 10, 2004:

St. Sen. Dave Hansen (D-Green Bay), 5:00 p.m., Madison, Wis.

Wednesday, February 11, 2004:

St. Sen., and Candidate for 3rd Congressional District, Dale Schultz (R-Richland Center), 5:30 p.m., Onalaska, Wis.

Thursday, February 12, 2004:

St. Rep. Steve Wieckert (R-Appleton), 7:30 a.m., Appleton, Wis.
St. Reps. Mike Huebsch (R-Onalaska), and DuWayne Johnsrud (R-Eastman), 5:00 p.m. Madison, Wis.

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

Assembly backs bill banning obese from suing eateries: Milwaukee Journal Sentinel, Feb. 6, 2004.

Forum will focus on area growth: St. Paul Pioneer Press, Feb 6, 2004.

Automakers continue to think big: Janesville Gazette, Feb. 5, 2004.

Assembly OKs Montgomery’s education, logo-use bills: Green Bay Press-Gazette, Feb. 5, 2004.

Doyle acts to preserve nearly 800 acres: Milwaukee Journal Sentinel, Feb. 6, 2004.

More ire on plant emissions: Madison Capital Times, Feb. 5, 2004.

Senate approves bill allowing care refusal: Milwaukee Journal Sentinel, Feb. 5, 2004.

Concealed-weapons ban upheld by one vote: Wisconsin State Journal, Feb. 4, 2004.

Court ruling could affect Wisconsin's lemon law: St. Paul Pioneer Press, Feb. 3, 2004.

Recovery gaining momentum: Milwaukee Journal Sentinel, Feb. 3, 2004.

Identity theft called fast-growing crime: Manitowoc Herald Times, Feb. 4, 2004.

Lemon of a law? Court ruling could affect consumer statute: Milwaukee Journal Sentinel, Feb. 2, 2004.

Doyle seeks local help to `Grow Wisconsin': Racine Journal Times, Feb. 2, 2004.

Doyle maps out economic plan for state agriculture industry: Fond du Lac Reporter, Feb. 1, 2004.

Economic growth slower than hoped: Milwaukee Journal Sentinel, Feb. 1, 2004.

Lautenschlager surpasses Doyle in actions for environment offenses: Green Bay Press-Gazette, Feb. 2, 2004.

Transparency on the roads (opinion): Milwaukee Journal Sentinel, Feb. 1, 2004.

Petri pushes gas tax to fund highway projects: Appleton Post-Crescent, Feb. 2, 2004.