Business Groups Testify for Jobs Creation Act II

Environmental Groups Attack Jobs Creation Act Trailer Bill

Assembly and Senate in Session next week

Joint Finance Briefings Continue

Supreme Court Hears Arguments on Oak Creek Case

PSC Chair Burnie Bridge Stepping Down – Dan Ebert Named as Replacement

Lawmakers Introduce Bill to Stop Automatic Gas Tax Increase

Communities Receive Brownfields Site Assessment Grants

Tax Credits Aimed at Helping Businesses Retain and Create Jobs

Doyle Announces $750,000 in Community-Based Economic Development Grants

Doyle Details Environmental Cooperative Agreement Between the State & 3M

Spring Election--April 5, 2005

Supreme Court Releases Opinion Regarding Lawmakers’ Charges & Trials

Business Groups Testify for Jobs Creation Act II
Business groups came out to support passage of what has been coined Jobs Creation Act II at the March 31 hearing before the Assembly Judiciary Committee. The focus of the initiative, AB 278, was litigation reform, with groups such as Wisconsin Manufacturers & Commerce, Wisconsin Economic Development Association, and Civil Trial Counsel of Wisconsin citing the importance of a business-friendly litigation environment as one of the most important considerations in a company’s decision to expand or locate in a state.

It was noted that Wisconsin has seen its national ranking for 2005 drop from 11^th to 17^th on this important benchmark. According to proponents of the bill, several policies contained in AB 278 are intended to help reverse this trend:

• The bill would limit the admissibility of “junk science” presented as expert testimony by aligning our laws with the federal court system and the majority of other states.

• The bill limits the ability of the Attorney General and local units of government to bring public nuisance suits against businesses that are in full compliance with applicable laws.

• The bill removes an impediment to attracting venture capital and other investment to Wisconsin by eliminating the current statutory provision that creates shareholder liability for wages owed to a corporation’s employees.

AB 278 also allows tool and die manufacturers to place a lien on tools and dies manufactured for a customer, which is a right currently afforded other businesses.

There was also substantial opposition to the bill. Attorney General Peg Lautenschlager testified against the nuisance provision, while the plaintiffs’ bar opposed the proposed changes to the admissibility of expert testimony. Nevertheless, we expect support for the measure by the committee and the full Assembly.

Environmental Groups Attack Jobs Creation Act Trailer Bill
At a March 30 hearing before the Assembly Natural Resources Committee, environmental groups criticized a bill many believed was merely a “technical trailer” to last session’s Jobs Creation Act, 2003 Wis. Act 118. The bill, AB 277, should not to be confused with JCA II, noted above, which contains new policies relating to litigation reforms. AB 277 changes certain air permitting provisions in Act 118 by:

• Clarifying that the law relating to certain challenges to an emission limitation in an air pollution permit are governed by requirements in place before Act 118.

• Specifying that DNR sources that obtain general operation permits are not required to obtain a construction permit, consistent with provisions for the new, streamlined registration permits.

• Clarifying that registration operation permits do not expire unless a set term is requested by the owner/operator, needed to assure compliance, or required by the Clean Air Act.

The bill also would require the Department of Administration to prepare a report that identifies regulatory barriers to the growth of this state’s manufacturing sector.

Environmental groups such as the Midwest Environmental Advocates testified that the bill would allow greater air emissions. Their position was in direct conflict with testimony in support of the bill by the DNR. Mary Jo Kopecky, Deputy Administrator of DNR’s Air & Waste Division, testified that the bill will not affect air quality in that it merely adds “clarity and will assist in the implementation of those changes made under 2003 Wisconsin Act 118.” The Doyle Administration and business groups also support the bill.

Assembly and Senate in Session next week
The Wisconsin State Assembly is scheduled to be on the floor Tuesday and Thursday of next week while the Senate plans to meet on Tuesday only. The Assembly calendar for next Tuesday includes: AB 6 relating to income tax deduction for medical insurance premiums; SB 79  relating to rate-making principles applicable to certain electric generating facilities; and, SB 83 relating to technical changes to the TIF law. Thursday’s calendar will be set early next week. The Senate on Tuesday will take up several gubernatorial appointments as well as SB 17 providing carry forward of a school district’s unused revenue limit authority and SB 68 supplementing special education funding with lapsed SAGE contract monies.

Joint Finance Briefings Continue
The Legislature’s Joint Finance Committee (JFC) held briefings by state agencies on Tuesday, Wednesday and Thursday of this week. The committee will reconvene next Wednesday for its final day of agency briefings, including the departments of Administration, Corrections, Transportation and Justice and the Office of the Commissioner of Insurance. JFC voting on budget items is scheduled to begin on April 12.

Supreme Court Hears Arguments on Oak Creek Case
On Wednesday, March 30, the Wisconsin Supreme Court heard oral arguments regarding the legality of the Wisconsin Public Service Commission’s (PSC) November 2003 approval of the $2.15 billion expansion of We Energy’s Oak Creek Power Plant. Much of the oral argument before the Court centered on whether the PSC’s approval violated the state’s energy priorities plan.

Attorneys for We Energies filed a request with the Court asking for a decision by May 15 in order for the company to meet certain contract requirements and to avoid additional monetary penalties and the potential for contract re-negotiations. Two Justices publicly expressed concerns about feeling pressured by the timing request and expressed the need to do a good job in rendering its decision. The Chief Justice, at the conclusion of the hearing did say that the Court “would meet as soon as possible” on the case.

PSC Chair Burnie Bridge Stepping Down – Dan Ebert Named as Replacement
Governor Jim Doyle has named Burnie Bridge as Division Administrator of the Division of Children and Family Services at the Department of Health and Family Services. The former Deputy Attorney General to Jim Doyle, Ms. Bridge has served as PSC Chair since 2003. Governor Doyle named Dan Ebert, who now serves as Public Service Commission Executive Assistant, both as a Commission member and as Chair of the PSC.  Dan Schooff, currently the Division Administrator for the Division of Energy at the Department of Administration, will replace Ebert as Executive Assistant at the PSC.

Lawmakers Introduce Bill to Stop Automatic Gas Tax Increase
The state's automatic indexing law, enacted by bipartisan legislation in 1985, automatically increases the gas tax for inflation on April 1 of each year. In the 20 years since its implementation, gas taxes have risen from 19.5 to 32.1 cents per gallon. Friday's increase will raise it to 32.9 cents per gallon, and the non-partisan Legislative Fiscal Bureau estimates the increase will raise an additional $365.8 million in 2005 alone. Opponents of eliminating the indexing argue that the potential for higher increases would exist since legislative action would likely not be limited to fraction increases, and point to the needs and benefits of maintaining the state’s transportation infrastructure.

Communities Receive Brownfields Site Assessment Grants
As part of Governor’s “Grow Wisconsin” Plan, 31 communities across the state have been awarded grants to fund projects that will redevelop Brownfields. The grants provide seed money to local governments for demolition, environmental assessments, and removal of abandoned tanks and containers. They provide seed money to local governments for demolition, environmental assessments, and removal of abandoned tanks and containers. Governor Doyle’s 2005-07 Budget has earmarked $3.4 million for the DNR’s Brownfields SAG program.

Tax Credits Aimed at Helping Businesses Retain and Create Jobs
On March 24 Governor Doyle highlighted a proposed expansion of the Enterprise Development Zone Program included in his budget proposal. This proposal will make available $120 million in existing authorized tax credits for economic development projects to create and retain jobs.

Doyle Announces $750,000 in Community-Based Economic Development Grants
Governor Doyle has awarded grants to 24 Wisconsin community-based organizations to share 26 grants totaling $753,100 as part of his Grow Wisconsin Initiative that calls for investing in communities by promoting entrepreneurship and business development.

The CBED Program is designed to promote local business development in economically distressed areas. The program awards grants to community-based organizations for development and business assistance projects and to municipalities for economic development training. The program also helps community-based organizations plan, build, and create business and technology-based incubators, and can also capitalize an incubator tenant revolving-loan program.

Doyle Details Environmental Cooperative Agreement Between the State & 3M
A recent agreement between the state of Wisconsin and 3M Corporation will spur construction on three expansion projects, reduce hazardous pollutants, and encourage efficient energy use. The agreement is one of a number of pilot efforts aimed at negotiating environmental agreements with companies to reduce emissions of pollutants, focusing on environmental management systems to track specific objectives and targets, and to seek more flexible ways for the Department of Natural Resources to work with industry.

The effort at Menomonie already is a success with the company committing to a voluntary cut in air emissions. The signing of the agreement last December has already allowed 3M to move on three construction projects.

Spring Election--April 5, 2005
State Constitution
Wisconsin voters will have the chance to amend the state constitution with a vote during the spring nonpartisan election held on April 5.  Senate Joint Resolution 2, which provides for four-year terms of office for certain county officers such as coroners, district attorneys, and county clerks, was adopted on February 17 and will appear as a referendum on the April ballot.

Supreme Court
In the statewide election of a Wisconsin Supreme Court Justice, Ann Walsh Bradley, the incumbent, faces no opposition in the April 5 election. Justice Bradley was in private practice until becoming a circuit court judge in Marathon County in 1985. She was elected to the Wisconsin Supreme Court in 1995. Her term expires in July.

DPI
In the race for State Superintendent of Public Instruction, Elizabeth Burmaster will face a challenge from State Representative Gregg Underheim of Oshkosh for a four-year term leading the Department of Public Instruction. Underheim was a teacher, owned a small business and worked for U.S. Rep. Tom Petri, R-Wis., before he was elected to the State Assembly in 1987. Burmaster, who is seeking a second term, was first elected in 2001. The Principal at Madison West for nine years, Burmaster was also a music and drama teacher.

Supreme Court Releases Opinion Regarding Lawmakers’ Charges & Trials
The Wisconsin Supreme Court ruled on March 23 that felony charges of misconduct against current and former legislators and a legislative aide do not violate the separation of powers under the Wisconsin Constitution.

The Supreme Court's decision  makes clear that district attorneys, who are part of the executive branch of state government, can charge lawmakers, who are part of a separate but equal branch and cleared the way for trials based on those charges.

The Court did, however, split 2-2 (3 Justices not participating) on arguments from legislators that the charges should be dismissed because no specific law or rule states how they and their staffs must act. That split upheld a Court of Appeals decision, which stated that legislators had ample warning that campaigning on state time was illegal.

Friday, April 1

• U.S. Rep. Mark Green & Speaker John Gard, with House Speaker Dennis Hastert, Marinette

Monday, April 4

• U.S. Rep. Mark Green (R), Madison

• Sen. Russ Decker (D-Schofield), Wausau

Thursday, April 7

• Gov. Jim Doyle, Milwaukee

Friday, April 8

• Sen. Alberta Darling (R-River Hills), Milwaukee

For details, go to Hamilton Consulting Fundraiser Calendar.

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Tidbits Archives

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For Further Information

Doyle proposals target vote fraud: Appleton Post-Crescent, Apr. 1, 2005.

Ebert appointed chairman of PSC: Green Bay Press-Gazette, Apr. 1, 2005.

Review indicates 278 felons cast ballots illegally in state: Milwaukee Journal Sentinel, Apr. 1, 2005.

Yes to vital state funding (opinion): Milwaukee Journal Sentinel, Apr. 1, 2005.

Bill touted to bolster business climate: Milwaukee Journal Sentinel, Apr. 1, 2005.

School challenger goes on offensive: Milwaukee Journal Sentinel, Apr. 1, 2005.

Vote to retain Burmaster (opinion): Green Bay Press-Gazette, Apr. 1, 2005.

Battle For DPI: Wisconsin State Journal, Mar. 31, 2005.

Schools race to get cash infusion: Milwaukee Journal Sentinel, Mar. 31, 2005.

Bill would restrict sale of medication used to make meth: La Crosse Tribune, Mar. 31, 2005.

State prescription drug plan expanding: Milwaukee Journal Sentinel, Mar. 31, 2005.

Regional unemployment rates higher in February: Ashland Daily Press, Mar. 31, 2005.

Oak Creek power plant suit goes before state high court: Appleton Post-Crescent, Mar. 31, 2005.

Carmakers, Feds Sign Deal For Fuel Cell Cars: Wisconsin State Journal, Mar. 31, 2005.

High Court Hears Power Plant Case: Madison Capital Times, Mar. 31, 2005.

Milton residents express ethanol plant concerns: Janesville Gazette, Mar. 31, 2005.

GOP aims to ease biz rules: Madison Capital Times, Mar. 30, 2005.

License fee hikes needed, DNR says: Marshfield News Herald, Mar. 30, 2005.

Deal gives hope to pollution regulation: Milwaukee Journal Sentinel, Mar. 30, 2005.

Gas tax adds to pain at the pump: Milwaukee Journal Sentinel, Mar. 30, 2005.

Push on to End Automatic Gas Tax Hikes: Madison Capital Times, Mar. 30, 2005.

Group Eager to Help Startups: Wisconsin State Journal, Mar. 30, 2005.

Partner Benefits Opposed: Wisconsin State Journal, Mar. 30, 2005.

Spring election to be conducted April 5: Sawyer County Record, Mar. 30, 2005.

Conservationists debate cloning rare species: Milwaukee Journal Sentinel, Mar. 29, 2005.

Cloning outpacing ethics (opinion): Milwaukee Journal Sentinel, Mar. 29, 2005.

Tax question to be posed to voters: Wausau Daily Herald, Mar. 28, 2005.

Mercury analysis overlooked in rulemaking (opinion): Ashland Daily Press, Mar. 28, 2005.

Mercury rule too weak (opinion): Milwaukee Journal Sentinel, Mar. 28, 2005.

State's landfills may grow: Milwaukee Journal Sentinel, Mar. 28, 2005.

Don't Blame Business For High Taxes (opinion): Wisconsin State Journal, Mar. 27, 2005.

Who should pay for mandated bills? La Crosse Tribune, Mar. 25, 2005.

Tax freeze would have significant impact on northern Wisconsin: Lakeland Times, Mar. 25, 2005.

Businesses targeted for tax credits: Appleton Post-Crescent, Mar. 25, 2005.

It's more than economics (opinion): Milwaukee Journal Sentinel, Mar. 25, 2005.

A push for equal prosperity: Milwaukee Journal Sentinel, Mar. 23, 2005.