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Capitol Consultants, Inc./Wimmer & Company S.C.
Wisconsin: Legislative & Political Weekly Update
TO: Clients & Friends of Capitol Consultants, Inc. and Wimmer & Company

FROM:         Capitol Consultants, Inc.
                     and Wimmer & Company

DATE:         May 8, 2009

SUBJECT:    Weekly Political and Legislative Update

In This Issue
State faces another possible $1 billion-plus deficit
Governor, lawmakers reach deal on state-wide smoking ban
Joint Finance Committee update: Tuesday, May 5th
Session scheduled for week of May 11th
Next Week's Legislative Committee Calendar
Upcoming Fundraisers--Month of May, June 1st
State faces another possible
$1 billion-plus deficit
 
State Faces Another Possible $1 billion-plus deficit - Governor's Pledges Furloughs, Layoffs, Across-the-board Cuts as Remedies

On Thursday afternoon, Governor Doyle took to the podium to announce a serious of steps that his Administration will be taking to address the additional $1 billion-plus deficit that the state is facing as a result of state income tax collections for April were down almost 30% from the same month in 2008 - a number that signals that state government is on track to collect $1.1 billion less in income taxes by mid-2011.
 
The 30% drop in April, which includes the April 15 deadline to file individual income taxes, means that about $265 million less was collected in that important month, compared with the same month in 2008. The April drop must be added to the similar month-to-month drop in March - about $114 million, according to figures released by the state Department of Revenue last month (http://www.jsonline.com/news/wisconsin/44533322.html).
 
As part of his deficit reduction plan, the Governor proposed furloughs for all state employees, about 400 layoffs, cuts to school aids and shared revenues, the elimination of new spending, and deeper across-the-board budget cuts for state agencies to plug a growing budget gap (www.wispolitics.com). The Governor proposed fixing the deficit without raising sales or income taxes.
 
Lawmakers from both sides of the aisle are waiting for the Legislative Fiscal Bureau's analysis of the depth of the budget deficit and the Governor's response, which will be released early next week before tackling the budget challenge.
 
As of this writing, the Joint Finance Committee is scheduled to meet on Tuesday, May 12.
Governor, lawmakers reach deal on state-wide smoking ban
 
On Wednesday of this week, Governor Doyle and legislative leadership along with the Wisconsin Tavern League and other anti-smoking advocates reached a long-waited compromise on a state-wide smoking ban.  Lawmakers from both houses of the legislature are set to vote compromise next Wednesday, May 13, and the Governor is prepared to sign it soon after its passage.
 
The state-wide smoking ban compromise includes the following provisions:
An effective date statewide of July 5, 2010.
An exemption for cigar bars and certain retail establishments.
For businesses to establish a smoking area outside of their businesses.
Sets penalties at $100 to $250 for individuals violating the ban. Provides for exemption from fines if bar owners attempt to enforce the ban.
Allows current local smoking bans to remain in place until July 5, 2010, when they would all be set aside in favor of the statewide ban.
No provisions for smoking rooms in hotels and motels.
 
To view copy of the state-wide smoking ban bill, click here:
http://www.thewheelerreport.com/releases/May09/may6/0506smokebanbill.pdf

To view reactions to the ban from lawmakers, click here:
Governor Doyle's reaction:
http://www.thewheelerreport.com/releases/May09/may6/0506govsmokingban.pdf
 
To view a Milwaukee Journal Sentinel story about the state-wide smoking ban compromise, click here:
http://www.jsonline.com/news/statepolitics/44464502.html
 
Joint Finance Committee update:
Tuesday, May 5th  
 
The Joint Finance Committee met only on Tuesday of this week for a much-abbreviated schedule.  The reason for the Committee meeting only once is because of the expected additional $1 billion-plus budget deficit that the state is facing as a result of declining revenues due to the sluggish economy. As a result, the Co-Chairs cancelled this Thursday's committee meeting and announced that the Committee would meet again on Tuesday, May 12.
 
According to the Wheeler Report, below is the action that occurred during this past Tuesday's JFC session:
 
TUESDAY'S FINANCE ITEMS CARRIED OVER FOR NEW MEETING
Department of Public Instruction - Categorical Aids
Dept of Health Services -- Medical Assistance & FoodShare - Administration
 Department of Public Instruction - Categorical Aids - Carried over to new meeting
Paper 630. Student Achievement Guarantee in Education.
Paper 631. Four-Year-Old Kindergarten Grants.
Paper 632. School Library Aids.
Paper 633. Tribal Language Grants.
Paper 634. Pupil Transportation Aid Rates and Prorate Provision.
 
LFB Summary Items to be Addressed in a Subsequent Paper
Item #4. Convert Three Transportation Related Aids to Transportation Fund.
Item #6. AODA Funding Reduction.

Department of Administration - General Agency Provisions
Paper 100. Facilities Operations.
(Miller/Pocan) Alternative #3 adopted, 16-0.
Paper 101. Telecommunications Access Appropriations Language.
(Montgomery/Hansen) Alternative #3 adopted, 16-0.
Paper 102. TEACH Data Line Access for Businesses.
(Miller/Pocan) Alternative #2 adopted, 16-0.
Paper 103. National and Community Service Board Appropriation.
(Darling/Vos) Alternative #2 adopted, 16-0.
Paper 104. Authority to Eliminate Vacant Positions.
Motion #257. (Darling/Vos) (In lieu of alternatives) Requires the Secretary of the Department of Administration to eliminate all executive branch state positions that have been vacant for 12 months or longer on the effective date of the bill.  Requires the Secretary, after the effective date of the bill, to eliminate any executive branch state positions that remains vacant for 12 months. Not adopted, 4-12. (Darling, Olsen, Vos, Montgomery)
(Miller/Pocan) Alternative #6 adopted, 12-4.
 
Other Motions
Motion #44.(Sherman/Lassa) State Sanctioned Medal for Firefighters. Allows the Board of Directors of the Wisconsin State Firefighters Memorial to design a service medal for Wisconsin firefighters. Specifies that the Secretary of DOA must review the design and may approve the design. Specifies that the state sanctioned firefighter service medal could be purchased only through the authorization of the Board of Directors of the Wisconsin State Firefighters Memorial. Adopted, 16-0.
Motion #41. (Sherman/Miller) Annexations for Kaukauna. Specify that the City of Kaukauna may annex territory outside of Outagamie County without a resolution adopted by the town board from the town in which territory would be annexed from and a resolution passed by the county board in which the territory is located. Adopted, 12-4. (Darling. Olsen, Vos, Montgomery)
Motion #239. (Shilling/Lassa) Liability Under Executive Order 272. Specifies that Minnesota employees performing work in Wisconsin would be agents of the state of Wisconsin and would provided all the liability protections provided for Wisconsin employees. Adopted, 16-0.
Motion #259. (Vos/Darling) Child Care Subsidy Phase Out. Specify that DOA may not pay any more than an given amount for subsidizing a child care service. Beginning in 2012-13, delete statutory language allowing the Department to subsidize a child care facility that provides services to state employees. Not adopted, 4-12. (Darling, Olsen, Vos, Montgomery)
Motion #264. (Motion #260 redrafted as Motion #264.) (Sherman/Pocan) Notices in the Official State Newspaper. Deletes the requirement that state agencies and constitutionally recognized offices provide legal notices in the official state newspaper. Adopted, 12-4. (Darling, Olsen, Vos, Montgomery)
Motion #262. (Taylor) Surplus Property Program. Make Minority and women-owned businesses eligible to participate in the state surplus property program for business and not resale purposes. No action taken.
 
LFB Summary Item for Which No Issue Paper Has Been Prepared
Item #1. Standard Budget Adjustments.
Item #2. Across-the-Board 1% Reductions.
Item #4. Additional Cuts to General Purpose Revenue Appropriations.
Item #8. Risk Management Programs - Claim Payment Estimates.
Item #12. Van Pool.
Item #13. Transportation Records and Document Services.
Item #16. Wisconsin Covenant Administration.
Item #18. Management Assistance Grants.
Item #23. Electronic Compliance of Audit.
 
LFB Summary Items to be Addressed in a Subsequent Paper
Item #3. Across-the-Board 1% Reductions to Selected DOA Appropriations.
Item #5. Appropriation Obligation Bond Debt Service Reestimate - Pension Bonds.
Item #6. Appropriation Obligation Bond Debt Service Reestimate - Tobacco Bonds.
Item #7. Debt Service Reestimate.
Item #10. District Attorney Technology Information.
Item #11. Penalty Surcharge Revenues - Justice Information Systems.
 
LFB Summary Items for Introduction as Separate Legislation
Item #20. Reassignment of Executive Branch Employees.
Item #21. Cost-Benefit Analysis.
Item #22. Prohibit Use of Private Aircraft for Out-of-State Travel.
 
Department of Administration - Transfers from the Agency
Paper 110. Division of Energy Services Transfer and Acceptance of Federal Funds.
(Miller/Pocan) Alternatives #2 and 3, Adopted, 12-4. (Darling, Olsen, Vos, Montgomery)
Paper 111. Transfer from the Division of Intergovernmental Relations.
(Miller/Pocan) Alternatives #A2, B2, C1 Adopted, 16-0.
Paper 112. Transfer of Administration of Payments for Municipal Services.
(Vos/Darling) Alternative #1 Not adopted, 4-12. (Darling, Olsen, Vos, Montgomery)
(Miller/Pocan) Alternative #2 Adopted, 12-4. (Darling, Olsen, Vos, Montgomery)
 
LFB Summary Item for Which No Issue Paper Has Been Prepared
Item #2. Eligibility for Low-Income Heating Assistance and FoodShare.
Item #3. Weatherization Appropriation.
Item #5. Help Desk and Desktop Support.
 
Department of Administration - Transfers to the Agency
Paper 115. Legal Services.
Motion #247. (Robson/Miller) (In lieu of alternatives) Adopt alternative #8 in paper. In addition, extend the deletion date for 13 attorney positions from June 30, 2009 to June 30, 2011 and make the deletion of attorney positions permissive rather than required. Adopted, 15-1. (Vos)
Paper 116. Transfer and Eliminations of Maintenance Staff.
(Olsen/Hansen) Alternative #2 adopted, 16-0.
Paper 117. Administrative Law Judge Positions.
(Olsen/Darling) Alternative #4 Not adopted, 4-12. (Darling, Olsen, Vos, Montgomery)
(Miller/Pocan) Alternative #2 Adopted, 16-0.

State Treasurer
Other Motions
Motion #251. (Pocan/Miller) Positions for Unclaimed Property. Provide positions and funding for managing unclaimed property cash revenue accounts and database, claims review and processing, management and reconciliation of stock portfolios, and the security and sale of safe deposit contents. Specifies that these positions would expire on June 30, 2011. Adopted, 16-0.
 
LFB Summary Item for Which No Issue Paper Has Been Prepared
Item #1. Standard Budget Adjustments.
Item #2. Across-the-Board 1% Reductions.
Item #3. Local Government Investment Pool Programming.
 
Dept of Military Affairs
Paper 540. Military Property.
(Miller/Pocan) Alternative #3 adopted, 12-4. (Darling, Olsen, Vos, Montgomery)
Paper 541. Radiological Emergency Preparedness Funding.
(Miller/Pocan) Alternatives #2, 3 and 4 Adopted, 16-0.
Paper 542. Emergency Management Initiative.
(Miller/Pocan) Alternatives #A4, B1 and 2, and C2 Adopted, 16-0.
Paper 543. State Matching Funds for Federal Disaster Aid.
(Miller/Pocan) Alternative #3 Adopted, 16-0.
 
LFB Summary Items for Which No Issue Paper Has Been Prepared
Item 1. Standard Budget Adjustments.
Item 2. Across-the-Board 1% Reductions
Item 4. Fuel & Utility Cost Increases
Item 6. Billetting Services Increased Expenditure Authority.
 
LFB Summary Item Addressed in a Previous Paper.
Item 3. Debt Service Re-estimates.
 
Dept of Health Services -- Medical Assistance & FoodShare -- Administration - Carried over to new meeting
Paper 440. Milwaukee County Income Maintenance.
Paper 441. MA Administration Contracts and Enrollment Fees for Childless Adults.
Paper 442. Insurance Payment Intercept.
Paper 443. FoodShare Benefits for Qualified Aliens.
Paper 444. Income Maintenance.
 
LFB Summary Items for Which No Issue Paper Has Been Prepared
Item 6. Transfer Badger Rx Program from DETF to DHS.
Item 7. FoodShare and Eligibility for Low-Income Heating Assistance.
 
LFB Summary Item Addressed in a Previous Paper
Item 4. Medical Assistance Incentive Payments to Local Child Support Agencies. (Paper 242)
 
LFB Summary Item for Introduction as Separate Legislation
Item 8. Consolidated Enrollment for Public Benefits Programs.
 
Dept of Natural Resources -- Departmentwide.
Paper 555. Fish and Wildlife Account Overview.
No action required.
Paper 556. Service Center Walk-in Closures.
(Miller/Pocan) Alternative #2 adopted, 12-4. (Darling, Olsen, Vos, Montgomery).
Motion #242. (Lehman/Mason) (In addition to alternatives). Recreational Vehicle Dealer Training. Requires DNR to make the vehicle registration and boat titling system available to, and provide training for, ATV, boat, and snowmobile dealers closest to DNR service centers where counter service has been eliminated before other dealers. Adopted, 16-0,
Motion #265. (Sherman/Pocan) (In addition to alternatives) Requires DNR to submit a plan to the Governor, Joint Finance Committee, and the appropriate standing committees, by the first day of the second month after enactment of the budget, which specifies how DNR will address customers who request assistance at service centers after walk-in counter service has been eliminated. Adopted, 16-0.
Paper 557. Fleet Rate Increase.
(Miller/Pocan) Alternative #2 adopted, 14-2. (Vos, Montgomery)
 
Other Motions
Motion #232. (Miller/Mason) Stewardship Reporting Requirements and Joint Finance Review of Stewardship Projects. Deletes the Requirement that the DNR make available a directory of all stewardship land that is open for public access.  Deletes the requirement that DNR prepare a report to the Legislature identifying all lands acquired using stewardship funds before October 27, 2007, for which public access has been restricted or prohibited and the reasons for the restriction. Specifies that is a stewardship project proposal is subject to review by the Joint Finance Committee, the proposal is approved unless a majority of committee members present at the meeting vote to modify or deny the proposal. Adopted, 12-4. (Darling, Olsen, Vos, Montgomery)
 
LFB Summary Items for Which No Issue Paper Has Been Prepared
Item 1. Standard Budget Adjustments.
Item 2. Across-the-Board 1% Reductions.
Item 3. Operations and Grant Program Reductions.
Item 4. Transfers Between Appropriations.
Item 5. Transfers Within Appropriations.
Item 6. Aids in Lieu of Property Taxes.
Item 7. Debt Service Re-estimates.
Item 10. Convert Watershed Management Analyst Position from PR to FED.
Item. 11. Consolidated Billing Transfer.
 
LFB Summary Item Addressed in a Previous Paper
Item 12. Chief Legal Advisor (Paper 115)
 
LFB Summary Item to be Addressed in a Subsequent Paper
Item 13. Car-killed Deer Funding and Transfer.
Item 14. Road Repair and Maintenance
 
LFB Summary Item for Introduction as Separate Legislation.
Item 15. Land Program Title Change.
 
Dept of Natural Resources -- Fish, Wildlife & Recreation
Paper 560. Second Endangered Resource License Plate.
(Miller/Pocan) Alternative #2 adopted, 14-2. (Vos, Montgomery)
Paper 561. Warden Overtime.
(Montgomery/Daring) Alternative #3 not adopted, 4-12. (Darling, Olsen, Vos, Montgomery)
(Miller/Pocan) Alternative #2 adopted, 14-2.. (Darling, Vos)
Paper 562. Warden Recruit Class Support.
No motions offered, therefore the bill prevails.
Paper 563. Wildlife Violator Compact.
(Montgomery/Miller) Alternatives #A2, B2 adopted, 16-0.
Paper 564. Wildlife Damage Claim Payments and Revenue Transfer.
(Olsen/Darling) Alternative #3 (additional paper provided by Legislative Fiscal Bureau). Not adopted, 4-12. (Darling, Olsen, Vos, Montgomery)
(Miller/Hansen) Alternative # 1 Adopted, 12-4. (Darling, Olsen, Vos, Montgomery)
Motion #258 (Miller/Pocan). (In addition to alternatives) Lapses $500,000 from the control of wildlife animals appropriation to the conservation fund to be available for wildlife damage claims. Adopted, 16-0.
Paper 565. Elk Application Fee Increase.
Motion #237. (Sherman/Mason) (In lieu of alternatives) Adopts the Governor's recommendations. In addition, specifies that $7 from elk application fees be deposited in the elk management appropriation of the fish and wildlife account. Adopted, 12-4. (Darling, Olsen, Vos, Montgomery)
Paper 566. Boat Registration Fee Increase.
(Miller/Pocan) Alternative #3 adopted, 12-4. (Darling, Olsen, Vos, Montgomery)
Paper 567. Snowmobile Accident Prevention.
(Miller/Pocan) Alternative #2 adopted, 16-0.
Paper 568. Recreational Vehicle Re-estimates.
Modification adopted by unanimous consent.

Other Motions.
Motion #244. (Hansen/Mason) Voluntary Contributions for Aquatic Invasive Species Control Grants. Specifies that any applicant for a fishing license or the issuance or renewal of a boat registration may, in addition to paying any fee charged for the license or registration, elect to make a voluntary contribution of at least $2 to be used primarily for cost-sharing grants for aquatic invasive species control efforts, rather than lake research.  In addition, specifies that an agent of DNR who collects a voluntary contribution from an applicant for a fishing license, may retain 50 cents of the voluntary contribution. Adopted, 16-0.

LFB Summary Items for Which No Issue Paper Has Been Prepared
Item 4. Conservation Warden Computers
Item. 7. Bobcat Permit Application Fee Increase
Item 9. Payments to Lac du Flambeau band.
Session scheduled for week of
May 11th
 
EXTRAORDINARY LEGISLATIVE SESSION TO BE HELD ON TUESDAY 
The Legislature is expected to be in session at 11 a.m., Tuesday, May 12, in extraordinary session to take up two bills related to stimulus funding. The Assembly Organization Committee announced a meeting for 9:30 a.m. Tuesday to authorize the session.

The two bills to be taken up are:
AB-255 and SB-189. The companion bills make various changes Gov. Doyle has requested to facilitate the use of federal stimulus funds.

The regular session of the Legislature is to resume on Wednesday, May 13.
(www.thewheelerreport.com)  
Next Week's Legislative Committee Calendar
 
May 11   Mon

Joint Review Committee on Criminal Penalties   (Joint)
1:00 PM   
411 South Items: (None)
Public Hearing
 
May 11   Mon

Joint Review Committee on Criminal Penalties   (Joint) (Executive Session)
1:01 PM    or immediately following the public hearing
411 South Items: (None)
Executive Session
 
May 12   Tue

Jobs, the Economy and Small Business   (Assembly)
10:00 AM   
328 Northwest Items: Assembly Bill 184; Assembly Bill 202; Assembly Bill 205; Assembly Bill 45; Assembly Bill 91; Assembly Bill 234
Public Hearing
 
May 12   Tue

Senate Organization   (Senate) (Executive Session)
10:00 AM   
Senate Parlor, State Capitol Items: (None)
Executive Session
 
May 12   Tue

Commerce, Utilities, Energy, and Rail   (Senate)
11:00 AM   
411 South Items: Senate Bill 185
Public Hearing
 
May 12   Tue

Energy and Utilities   (Assembly)
11:00 AM   
411 South, State Capitol Items: Assembly Bill 256
Public Hearing
 
May 12   Tue

Administrative Rules   (Joint)
1:00 PM   
201 Southeast Items: Comm 2.68 - Emergency Rule Extension
Public Hearing
 
May 12   Tue

Administrative Rules   (Joint) (Executive Session)
1:30 PM    or following the conclusion of the public hearing
201 Southeast Items: Comm 2.68 - Emergency Rule Extension
Executive Session
 
May 13   Wed

Fish and Wildlife   (Assembly) (Executive Session)
9:00 AM   
328 Northwest Items: Assembly Bill 86; Assembly Bill 150; Assembly Bill 222
Executive Session 
Upcoming Fundraisers:
Month of May, June 1st
 
Monday, May 11 
5-7 pm: 
Fundraiser in Support of Congressman Paul Ryan
Ashling on the Lough
125 56th St
Kenosha
$100 per person. 
Contact Mary Stitt at (262) 268-6859 or marystitt@wi.rr.com.
 
Thursday, May 14
5-6:30 pm: 
Cocktail Reception in Support of Attorney General JB Van Hollen
The Resch Center, 1901 S. Oneida St, Green Bay. 
Hosts:  Gold:  $300 per couple.  Silver: $100 per couple.  Guests: $100.  PAC contributions welcome.  Host names due by Monday, April 27. 
Contact Mary Stitt at (262) 268- 6859 or marystiff@wi.rr.com.
 
Saturday, May 16
The Democratic Party of Wisconsin's Annual Founders Day Gala, honoring Congressman Dave Obey's 40 years in the US House. 
Midwest Airlines Center, Milwaukee.
Tables: $2500 each; Individual reception: $250; Individual Gala: $125. Tickets include complimentary copy of Obey's book.
Makes checks payable to Democratic Party of WI, 110 King St., Suite 203, Madison, WI 53703. To RSVP or for more information please contact Mary Lang Solinger at (608) 260-2408 or maryls@wisdems.org.

Tuesday, May 26
5-7 pm: 
Cocktail Reception in Support of Attorney General JB Van Hollen,
The Hilton Madison Monona Terrace, 9 East Wilson St, Madison. 
Hosts:  Platinum: $1,000 couple.  Gold: $500 couple.  Silver: $250 couple.  Guests: $100 couple.  PAC contributions welcome.  Host names due by Friday, May 1st. Contact Mary Stitt at (262) 268-6859 or marystitt@wi.rr.com
 
Friday, May 29
9:30 am: 
State Senate Democratic Committee Golf Outing, Brute Course, Grand Geneva Resort, Lake Geneva. 10 am: Shotgun start.  Cost: $900 per golfer.  $3200 per foursome.  $3700 foursome plus hole sponsorship.  $700 hole sponsorship.  Breakfast: Add $350 per person.  Limited to first 10.  Sorry, no PAC.  New this year - 2 hole in one contests.  Grand prize $50,000 and a new car.  Other prizes:  Lowest score team: $500 stay and play package at Grand Geneva for each player.  Longest drive male: $100 golf shop gift card. Longest drive female: $100 golf shop gift card. Longest putt:  $100 golf shop gift card.  Random Prize: Spa basket.  Call (608) 260-2403 to RSVP or e-mail koryk@wisdems.org. 
 
Monday, June 1
7:30 am:  Governor Doyle's 7th Annual Golf Outing, University Ridge Golf Course, Verona.  Shotgun starts at 7:30 am and 1:30 pm.  Continental breakfast before the first round.  Grill out lunch at noon.  Cocktails and hors d'oeuvres after the last round.  $5,000 per foursome.  $1250 per golfer.  For more information please call (608) 250-5083.  Please make checks payable to Doyle for Wisconsin.  Individual and conduit contributions gratefully accepted..  We are unable to accept corporate or PAC contributions. 

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