Doyle Signs Budget Repair Bill
On Friday, March 16, 2007, Gov. Doyle signed the Budget Repair
Bill (SB-39)
as 2007 Act 5. The enactment provides increased funding for child
care services through Wisconsin Shares and supports the Department
of Justice’s efforts to address the backlog at the State Crime
Lab.
In
addition to several technical corrections to the budget, the bill provides
$30 million to address a shortfall in the Wisconsin Shares child care
services program that serves low-income children. It also authorizes 31 new
positions for the State Crime Lab within the Department of Justice, as well
as provides $96,600 to immediately recruit and hire staff to address the
current backlog of DNA analysis. As passed by the Legislature, the bill did
not include the majority of transfers from segregated accounts to the
general fund proposed by the Governor in his original bill.
SB 39
passed the Assembly (85-14)
and the Senate (24-9)
earlier last week.
Budget Briefings Wrapping Up
The Joint Committee on Finance held briefings on the Governor’s 2007-09
Biennial Budget Bill (SB 40), by representatives of state agencies, throughout
the week of Mar. 12. Additional briefings, by the Dept of Justice, Dept of
Public Instruction, Technical College System, HEAB, and UW System will be
held on Thursday, March 22nd.
With
the agency briefings coming to a close, Joint Finance will begin traveling
across the state to take testimony at a series of public hearings in advance
of shaping its version of the 2007 biennial budget proposal to be presented
to the full Legislature later this spring.
Public Hearing Schedule
March 20 (Milwaukee)
10:30 a.m. - 4:30 p.m.
March 21 (Arlington)
10:00 a.m. - 4:00 p.m.
March 27 (Chippewa Falls)
12:00 p.m. - 5:00 p.m.
April 4 (Prairie du Chien)
12:00 p.m. - 5:00 p.m.
April 11 (Rhinelander)
12:00 p.m. - 5:00 p.m.
April 12 (Green Bay)
10:00 a.m. - 4:00 p.m.
Neither House will be on the floor again until April 17.
DOT Chief Re-confirmed
The State Senate on March 13 voted 27-6 to re-confirm Transportation
Secretary Frank Busalacchi. The vote came amid questions relating to the
DOT’s handling of a tax case involving companies of Dennis Troha of Kenosha
who was indicted earlier this year.
DNR Staff Proposes Increased Mercury Regulations
The staff of the State Department of Natural Resources proposed new
regulations on Thursday that would lead to a 90 percent reduction in mercury
output at electric generating plants in Wisconsin by 2020.
The
seven-member Natural Resources Board is expected to review the proposed
regulations in Madison on March 28. If approved, the proposed rule changes
will head to the Legislature as part of the legislative rule-making
oversight process where they face a certain fight.
State to Continue Nuisance Suit Versus Cranberry Industry
On behalf of the Department of Justice, Deputy Attorney General Ray
Taffora announced that the State would withdraw its appeal of a lawsuit
against a Wisconsin cranberry grower. However, such a decision requires the
Governor’s agreement, which was not granted.
The
state’s appeal will continue and the Governor has appointed special counsel,
David Gilles, a private practice attorney and former assistant Attorney
General under then AG Jim Doyle.
Former attorney general Peg Lautenschlager and several out-of-state
landowners filed the suit in 2004, accusing the cranberry grower of
destroying Musky Bay by polluting it with runoff from his cranberry farm.
In
April 2006, Bayfield County Judge John Anderson dismissed the nuisance suit,
ruling that the cranberry grower’s farming practices were not unreasonable
and did not impact the water in Musky Bay to such a degree as to create a
public or private nuisance. The unsuccessful plaintiffs are now appealing
that decision.
Study Highlights Legal Needs of
Poor
A recently released study [Bridging
the Justice Gap: Wisconsin’s Unmet Legal Needs] has found that
nearly 80 percent of poor households in Wisconsin face legal problems
without legal help.
The study stressed that the
need for improved access to civil legal services is acute, finding that more
than 500,000 low-income residents regularly face critical legal issues
without legal assistance. Two thirds of households with children faced such
an issue last year.
Funding by the state is needed
to help provide a solution to this need. Wisconsin is the only state in the
Midwest that provides no state funding for general civil legal services.
(Ohio - $14 million, Minnesota - $12 million, Michigan - $7 million). Over
30 states provide at least a million dollars in funding for general civil
legal services.
The committee’s primary
recommendations are:
-
Funding from the State of
Wisconsin is necessary to help close the Justice Gap
-
A permanent Wisconsin Access
to Justice Commission should be established
-
Self-help centers should be
established in every courthouse
-
Expanded use of non-lawyer
advocates must be explored
-
Client contributions to the
cost of services may be appropriate to expand access
-
Increasing court filing fees
is NOT an appropriate solution to expanding access
-
The current $50 assessment on
attorneys should be retained and the exemption for judges should be
removed
-
Expanded pro bono
contributions by attorneys should be explored
The study was commissioned in
the wake of a legal debate in 2004 over the extent to which legal services
are out of reach to those in need and who should contribute to a solution of
the problem.
Hearing Set on Video Franchising Bill
The Assembly Energy and Utilities Committee will hold a public hearing
March 27 on the “Video Competition Act,” as unveiled by Rep. Phil Montgomery
and Sen. Jeff Plale. Montgomery chairs the Assembly committee and Plale
chairs the Senate Commerce, Utilities and Rail Committee which will likely
have jurisdiction in the Senate.
The
bill would:
-
Centralize the licensing process at the state level, with a 10-day review
period.
-
Redefine the current cable franchising process to include new video
technology.
-
Require both cable and video providers to obtain a “video service”
franchise in order to operate.
-
Require remission of 5% of gross receipts to communities the franchises
serve. Payments would be made directly to the municipalities.
-
Retain current municipal authority over rights-of-way.
-
Retain public, educational and government (PEG) channels.
Red Cross Legislative Day
Legislative Day for the American Red Cross will be held on Wednesday,
Mar. 21 in Madison. Featured speakers for the event include Christy Foertsch
of the American Red Cross, and David Rudduck of the Midwest Chapter.
For more information on legislation of interest to CTCW
members, go to the CTCW Tracking Report. |