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Capitol Notes
WI: Weekly Political and Legislative Update
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TO: Clients/Friends of Capitol Consultants, Inc./Wimmer & Company, S.C.
FROM: Capitol Consultants, Inc.
& Wimmer Company, S.C.
DATE: February 22, 2010
SUBJECT: WI: Weekly Political and Legislative Update
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Legislative Recap
Override attempt of Governor Doyle Veto Announced:
On Monday, Assembly
Speaker Mike Sheridan (D-Janesville) and Natural Resources Committee Chair
Spencer Black (D-Madison) announced that they are planning an override of Governor
Jim Doyle's veto of Assembly Bill 138 on Tuesday, February 23rd.
Assembly Bill 138 (AB 138), co-authored by Representative Black and Senator
Robert Wirch (D-Kenosha), would change the process by which the Secretary of
the Department of Natural Resources (DNR) is chosen. AB 138 originally
passed the State Assembly with 61 ayes, 32 nays. (6 not voting or
paired). Under current law the secretary is nominated by the governor and
with the advice and consent of the state senate, serves at the pleasure of the
governor. Under AB 138 the seven member Natural Resources Board would appoint
the secretary, removing the appointing power from the governor.
AB 138 was amended in the Senate Transportation, Tourism, Forestry and Natural
Resources Committee, chaired by Senator Jim Holperin (D-Conover), to require
that whomever the Natural Resources Board appoints would have to be confirmed
by the State Senate. The amended bill passed the State Senate on a 21-11
vote (1 senator, Judy Robson D-Beloit, a bill supporter, not voting because
absent) and the State Assembly on a 49-44 vote (6 not voting).
After passing both houses, Governor Jim Doyle vetoed AB 138 on November 13th,
2009. Governor Doyle announced the veto stating that he vetoed the
legislation because "Wisconsin's people and natural resources are best served
with Secretary appointed by the Governor."
In order to override the Governor's veto, members of the State Assembly (first)
and State Senate (second) need to get 2/3 of the members of the Legislature
present to vote to override the bill.
When the Assembly passed the unamended version, 4 supporters of the bill did
not vote, raising the potential vote count to 65, one shy of the vote needed to
override if there are 98 members present (Rep. Scott Suder is deployed on active duty
and will not be present next week). However the bill they will be voting
to override is the amended version that requires Senate confirmation,
which only 49 voted for and 44 voted against (6 absent or not voting).
Overriding the Governor's veto creates a very unique political situation.
Successful veto overrides are very infrequent. The last time the
Legislature overturned a veto was in 1985, when Democratic Gov. Anthony Earl was
governor and Democrats controlled the Legislature. Governors have issued
more than 2,700 vetoes since 1985. Not one time since then has there been a
successful veto override.
Will Republicans in the Assembly vote to override Governor Doyle's veto and
deliver Assembly Democrats a political and legislative victory? Will Assembly
Democrats vote to override Governor Doyle's veto and make him the first
Governor in 25 years to be have a veto overridden?
Payday Loan Legislation moves on to State Senate
On Tuesday the State
Assembly was on the floor and the item that generated the most media attention
on their calendar was legislation to impose new regulations on short-term or
payday lenders. The Assembly voted
59-38 to include a cap on loans of $600 or 35 percent of a borrower's biweekly
income, whichever is less. The
legislation creates a statewide database of the industry and would allow
consumers to only take out one loan at a time. The legislation moves on to the State Senate, where a
different version of payday loan regulation legislation crafted by State Senator Jim Sullivan (D-Wauwatosa) already exists.
The legislation received
additional attention earlier this year after Assembly Speaker Mike Sheridan
(D-Janesville) revealed he had a relationship with one of the payday industry
lobbyists. Following the
Assembly's action on the legislation, Speaker Sheridan apologized to reporters
for misleading them about the relationship and looked forward to moving on from
this issue and finishing the Assembly's business for the session.
Global Warming/Clean Energy Jobs' bill hearings finished
On Monday, the Assembly Clean Energy and Jobs' Committee finished the public hearing phase of their work. The Committee's Co-Chair, Representative Spencer Black (D-Madison), stated that he hopes to take the input the committee has received and make the changes necessary to have the legislation ready to be voted out of committee in the next couple of weeks, receive floor action and be ready for the Governor to sign the legislation into law on Earth Day, April 22nd, 2010.
On Thursday, Milwaukee Mayor and Democratic candidate for Governor Tom Barrett criticized the current status of the legislation and called for significant changes to the bill.
"I
don't think the bill should pass unless it's significantly changed and
I don't think it will pass unless it's significantly changed," Barrett
said after a campaign stop at biotech company Lucigen. He specifically
singled out its call for auto emission standards modeled after
California law as needing revision.The bill should be
scaled back closer to the original intent of a global warming task
force Doyle created that first made a series of recommendations,
Barrett said. ( http://www.businessweek.com/ap/financialnews/D9DUS9780.htm)
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Assembly and Senate Calendars
Both Legislative Houses are on the floor this week.
On Tuesday, the State Assembly's calendar contains the following items of note:
- Veto override attempt on AB 138 (DNR Secretary Bill)
- AB 470 and AB 495: regarding membership of Natural Resources Board
Full calendar can be found here: http://nxt.legis.state.wi.us/nxt/gateway.dll/Session%20Related/calendar/dat/Assembly_Calendar_20100223.pdf
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2010 Election Watch:
 (253 days until election)
Legislative Election News:
Senate:
- 1st Senate District:
Former Republican Assembly Representative Frank Lasee has filed a registration statement with the Government Accountability Board to run for the seat being vacated by State Senator Alan Lasee. The two Lasees are third cousins. Frank Lasee served in the Assembly from 1994-2008 before
losing his seat to Dem Ted Zigmunt.
Lasee is now the second former member of the Assembly to jump in the race, former GOP Rep. Dave Hutchison of Dyckesville has also announced
for the seat. Jon Soyring, a small business owner in Green Bay has also
registered for the GOP primary, and Senate Minority Leader Scott Fitzgerald (R-Juneau) said he has spoken with a
Calumet County school board member and an associate pastor from Menasha as well about running for the seat.
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The Week Ahead 
MONDAY, February 22, 2010
TUESDAY, February 23, 2010
9:30 AM
Committee on Judiciary and EthicsRepresentative Gary Hebl, Chair 225 Northwest|
- Assembly Bill 710 (LRB-3663)
Relating to: inadmissibility of a statement, a gesture, or conduct expressing apology or condolence by a health care provider.
By
Representative Benedict, Co-sponsored by Senators Taylor.
- Assembly Bill 741 (LRB-2789)
Relating
to: subpoenas and warrants requiring providers of electronic
communications services or of remote computing services to provide
customer information or disclose contents of wire or electronic
communications. By Representative Pasch, Co-Sponsored by Senator Sullivan.
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9:30 AM
Committee on Aging and Long-Term CareRepresentative Peggy Krusick, Chair 400 Northeast
- Assembly Bill 684 (LRB-2907)
Relating to: dementia specialist certification program and requiring the exercise of rule-making authority.
Representative Krusick, Co-sponsored by Senator Carpenter.
An Executive Session on AB 526 will be held at the conclusion of the public hearing. The Public Hearing and Executive Session will conclude by 10:45 a.m.
WEDNESDAY, February 24, 2010
8:30 AM
Joint Legislative Council412 East State Capitol
Madison Senator Fred Risser, Co-Chair Representative Marlin Schneider, Co-Chair
The Council will receive final reports from the following special study committees: - --Child Welfare Provider Rate Implementation
- --Strengthening Wisconsin Families
Other items that may come before the Joint Legislative Council.
If testimony is taken, it will be by invitation only.
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9:15 AM
Committee on AgricultureNorth Hearing Room (2nd Floor North) Representative Amy Sue Vruwink, Chair
- Assembly Bill 746 (LRB-3789)
Relating to: promoting the use of locally grown food in school meals and snacks and granting rule-making authority. Representative Vruwink/Senator Taylor. - Assembly Bill 756 (LRB-4258)
Relating to: the dairy and livestock investment tax credits.
Representative Vruwink/Senator Vinehout. - Assembly Bill 757 (LRB-4259)
Relating
to: a food processing plant and food warehouse investment tax credit,
requiring the exercise of rule-making authority, and making an
appropriation. Representative Vruwink/Senator Lassa. - Assembly Bill 740 (LRB-4164)
Relating to: growing and processing industrial hemp, granting rule-making authority, and making an appropriation.
Representative Molepske/Senator Taylor. - Assembly Bill 748 (LRB-3926)
Relating
to: suspension of the requirement that certain milk contractors pay an
assessment into the agricultural producer security fund. Representative Vruwink/Senator Lasee.
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10:00 AM
Committee on Labor225 Northwest Representative Christine Sinicki, Chair
- Assembly Bill 706 (LRB-3173)
Relating to: various changes to the worker's compensation law.
Representative Sinicki/Senator Coggs.
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10:00 AM
Committee on Colleges and Universities415 Northwest Representative Kim Hixson, Chair
- Assembly Bill 745 (LRB-4274)
Relating
to: prohibiting institutions of higher education from engaging in
certain activity regarding student credit cards, requiring such
institutions to provide financial literacy information to students,
creating requirements for credit cards issued to underage customers,
granting rule-making authority, and providing a penalty.
Representative Smith/Senator Vinehout. - Assembly Bill 698 (LRB-4053)
Relating to: an addition to the 2009-11 Authorized State Building Program.
Representative Hixson/Senator Robson. - Assembly Bill 708 (LRB-3438)
Relating
to: creating a food animal veterinarian loan assistance program,
granting rule-making authority, and making an appropriation.
Representative Tauchen/Senator Lassa. - Senate Bill 121 (LRB-2160)
Relating
to: requiring the Center on Education and Work at the University of
Wisconsin-Madison to establish a career conversations program.
Senator Lassa/Representative Berceau.
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10:30 AM
Committee on Criminal Justice412 East Representative Robert Turner, Chair
- Assembly Bill 747 (LRB-3662)Relating to: crimes against animals and providing a penalty. Representative Milroy/Senator Jauch.
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10:30 AM
Committee on Health and Healthcare Reform417 North (GAR Hall) Representative Jon Richards, Chair - Assembly Bill 730 (LRB-4222)
Relating
to: prohibiting health insurance policies and self-insured health plans
from excluding coverage for injuries based on the use of alcohol or
controlled substances.
Representative Roys/Senator Jauch. - Assembly Bill 744 (LRB-1712)
Relating to: qualification requirements for performing surgical technology for a hospital or ambulatory surgery center.
Representative Pasch/Robson.
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11:00 AM
Joint Committee for Review of Administrative RulesCapitol Hearing Room to be determined on Monday Senator Jim Holperin, Co-Chair Representative Josh Zepnick, Co-Chair
- Office of The Commissioner of Insurance Rule Section Ins. 3.36 Wis. Adm. Code:
60 - day extension relating to autism spectrum disorders treatment and and affecting small business.
- Office of the Commissioner of Insurance Rule Section Ins Ch. 57 Wis. Adm. Code 60-day extension request relating to care management organizations and affecting small business
- Wisconsin State Public Defender Rule EmR 0926
60-
day rule extension request relating to the maximum fees that the state
public defender may pay for copies of discovery materials in criminal
proceedings, under Wis. Stat. Ch. 980, and other proceedings in which
the state public defender provides legal representation.
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1:30 PM
Committee on Corrections and the Courts328 Northwest Representative Joe Parisi, Chair - Assembly Bill 223 (LRB-2089)
Relating
to: the right to a trial by jury for a juvenile for whom the petitioner
has reserved the right to recommend placement in the Serious Juvenile
Offender Program or in a juvenile correctional facility beyond the age
of majority.
Rep. Kessler/Sen. Taylor. - Assembly Bill 225 (LRB-2018)
Relating to: mandatory minimum sentences for certain child sex offenses.
Rep. Honadel/Sen. Plale. - Assembly Bill 680 (LRB-2016)
Relating to: temporary restraining orders and injunctions.
Rep. Hraychuck/Sen. Taylor. - Assembly Bill 681 (LRB-3243)
Relating to: orders to commit state prison inmates to a mental health facility.
Rep. Pasch. - Senate Bill 325 (LRB-2021)
Relating to: notification to a parent before chaperoning a sex offender.
Sen. Kreitlow/Rep. Smith. - Senate Bill 383 (LRB-1038)
Relating to: municipal court elections, judges, and procedure, and providing penalties.
Sen. Taylor/Rep. Seidel.
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2:00 PM
Committee on Small Business, Emergency Preparedness, Technical Colleges, and Consumer Protection201 Southeast Senator Robert Wirch, Chair
- Assembly Bill 532 (LRB-3484)
Relating
to: directing the Department of Commerce to award grants to community
development corporations to establish capital access programs,
providing an exemption from emergency rule procedures, requiring the
exercise of rule-making authority, and making an appropriation.
Rep. Barca/Sen. Holperin.
THURSDAY, February 25, 2010
FRIDAY, February 26, 2010
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| Upcoming Fundraisers
Thursday, February 25, 2010
Campaign kick-off fundraiser for 1st SD candidate Dave Hutchison
5 p.m.
Legends,
875 Heritage Road,
De Pere.
RSVP
to 920-660-1008
Saturday, February 27, 2010
Sen. Tim Carpenter's 50th birthday polka party & campaign announcement
1 p.m.
Kochanski's Concertina Beer Hall,
1920 S. 37th St.,
Milwaukee.
Suggested contribution $50.00
Please RSVP by Feb.23rd @ 414-383-7223 or
Email senatorcarpenter@hotmail.com
Make checks payable to:
Friends of Tim Carpenter
2957 South 38th Street
Milwaukee, WI 53215
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