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

FROM:  Capitol Consultants, Inc.
              & Wimmer Company, S.C.

DATE:  January 14, 2011

SUBJECT:  Weekly Political and Legislative Update

In This Issue
Special Session Update
Commission on Waste, Fraud and Abuse meets
Medical Assistance Program will be audited
State of the State Date Set
The Week Ahead
Fundraisers
Special Session Update
 

 
It was a busy week of Legislative activity as several Committees had public hearings on the 7 pieces of legislation that constitute Governor Scott Walker's Special Session on Job Creation.

Special Session Assembly/Senate Bill 1 (Civil Justice Reform/Quality Improvement)

SSAB1/SSSB1 is an omnibus bill that contains several civil justice reform measures as well as several provisions dubbed by a coalition of health providers and purchasers "Quality Improvement" provisions.  It received a public hearing in Joint session of the Legislature's Judiciary Committees on Tuesday.  The provisions of SSAB1/SSSB1 are:

 
 Product Liability- Adoption of more reasonable product liability standards for manufacturers and sellers. Wisconsin is currently one of only four states using the "consumer contemplation test" in products cases.

 Risk Contribution- Elimination of the deeply flawed "risk contribution" theory in manufacturing lawsuits. Wisconsin is currently the only state with the Thomas "risk contribution" doctrine.

 Expert Opinion- Adoption of sound science principles (Daubert principles). Wisconsin would join 30 other states in adopting the Daubert principles.

 Punitive Damages- Limits on punitive damages. Punitive damage changes respond to a Wisconsin Supreme Court decision that wrongly interpreted the meaning and intent of the Wisconsin Legislature.

 Sanctions on Frivolous Lawsuits- Requires payment of cost and fess if a person advances baseless civil claims solely for the purpose of harassing or maliciously injuring another party.

"Quality Improvement Act" provisions are:
 
 Limits on Noneconomic Damages for a Long-term Care Provider. Limits noneconomic damages that are awarded for an injury or a wrongful death that is caused by the negligence of a long-term care provider.

 Confidentiality of Health Care Services Reviews. Makes various changes to confidentiality provisions for health care service reviews, including a prohibition of using review records in any civil or criminal action against any health care provider.

Use of Health Care Reports or Employee Statements. Prohibits the use as evidence in a civil or criminal action of any health care provider reports that are required by certain agencies that conducts health care provider quality assurance reviews.

Reporting of Hospital Quality Indicators. Allows state contractors collecting and disseminating health care information to report quality indicators identifying individual hospitals.

Crimes. Provides that a health care provider is not guilty of the crimes of causing the death of, or bodily harm to, an individual by negligent operation or handling of a dangerous weapon, explosives, or fire, if the health care provider is acting within the scope of his or her practice or employment.

 
The Assembly Judiciary Committee has scheduled an Executive Session for Tuesday, January 18th at 9:30 a.m. in 225 Northwest State Capitol.  The Senate Judiciary Committee will vote on the legislation via paper ballot today, January 14th.
 


Special Session Assembly/Senate Bill 2 (Health Savings Accounts)

SSAB2/SSSB2 creates a nonrefundable individual income tax credit for certain amounts relating to health savings accounts, that may be deducted from, or are exempt from, federal income taxes.
  Under current federal law, certain individuals may make tax-deductible contributions to health savings accounts (HSAs) and withdraw the money tax-free when needed to cover routine an preventive medical care.  Under this bill, an individual who makes contributions to such an HSA may claim a nonrefundable income tax credit for 6.5 percent of the allowable amount that the individual claims as a federal tax deduction for a contribution to an HSA or 6.5 percent of the federal taxexempt earnings relating to an HSA, or both.

SSAB2/SSSB2 had a public hearing on Tuesday in a Joint meeting of the Senate and Assembly Health Committees. 
 
  • SSAB2 was voted out of the Assembly Committee on Health on Thursday on a 7-3-1 vote.
  • SSSB2 was voted out of the Senate Committee on Health on Thursday on a 3-2 vote.
     


Special Session Assembly/Senate Bill 3 (Business Relocation Tax Credit)


SSAB3/SSSB3
creates an income and franchise tax credit for a business for two consecutive taxable years beginning with the taxable year in which the business locates to this state from another state and begins operations in this state. The credit
is equal to the amount of the taxpayer's income or franchise tax liability after
applying all other credits, deductions, and exclusions. The taxpayer does not receive
a refund of the credit amount, but, instead, may apply the credit amount to
subsequent taxable years.
 

  • SSAB3 had a public hearing in the Assembly Committee on Rural Economic Development and Rural Affairs on Tuesday.  And the Committee voted to pass the Legislation on Thursday on a 14-1 vote (Rep. Roys voting no).
  • SSSB3 had a public hearing in the Senate Committee on Small Business, Workforce Development and Tourism on Wednesday.  The Committee voted to pass the Legislation unanimously on Thursday, 5-0.

 

Special Session Assembly/Senate Bill 4 (Increases Econ. Dev. Tax Credits Available)


SSAB4/SSSB4
Under current law, the Department of Commerce (Commerce) may allocate tax credits to certain businesses under the economic development tax credit program.  The economic development tax credit program consolidates several economic development−related tax credit programs and provides that the total amount of credits allocated under the consolidated program may not exceed the sum of the tax credits remaining under the other programs. This bill increases the total amount of credits that Commerce may allocate under the economic development tax credit program by $25,000,000.

 

  • SSAB4 had a public hearing in the Assembly Committee on Jobs, Economy and Small Business on Tuesday.  And the Committee voted to pass the Legislation on Thursday on a 9-6 vote.
  • SSSB4 had a public hearing in the Senate Committee on Small Business, Workforce Development and Tourism on Wednesday.  The Committee voted to pass the Legislation unanimously on Thursday, 5-0.
Special Session Assembly/Senate Bill 5 (Super Majority for Tax Increase)


SSAB5/SSSB5
This bill prohibits either house of the legislature from passing a bill that increases the rate of the state sales tax or that increases any of the rates of the income tax or franchise tax unless the bill is approved by two−thirds of those members present and voting. The bill, however, specifies that this prohibition does not apply if the legislature passes a joint resolution requiring a statewide advisory referendum on the question of whether the legislature should authorize the tax increase provided in the bill and a majority of voters voting at the referendum vote to approve the tax increase.

  • SSAB5 has been referred to the Assembly Committee on Ways & Means and does not have a public hearing scheduled as of yet.
     
  • SSSB5 has been referred to the Senate Committee on Judiciary, Utilities, Commerce and Government Operations and does not have a public hearing scheduled as of yet.

 

Special Session Assembly/Senate Bill 6 (Wisconsin Economic Development Corp.)


SSAB6/SSSB6
This bill would create the Wisconsin Economic Development Corporation that would assume the responsibilities of and more sharply focus the role of the State's Department of Commerce.  The WEDC would be governed by a 12 member board appointed by and led by the governor of the State of Wisconsin.   

  • SSAB6 and SSSB6 had a joint public hearing in the Senate and Assembly Economic Development Committees on Thursday.  Neither committee has a vote scheduled as of right now.
     

 

Special Session Assembly/Senate Bill 7 (Tax Credit for Small Businesses)


SSAB7/SSSB7
This bill creates an income and franchise tax credit for small businesses. Under
the bill, a business that has less than $500,000 in gross receipts in the taxable year
may claim as a credit a percentage of the taxpayer's tax liability based on the amount
of the gross receipts that exceed $250,000. If the business has no more than $250,000
in gross receipts in the taxable year, the business may claim a credit equal to 15
percent of its tax liability. Under the bill, the taxpayer does not receive a refund, but
may apply any remaining credit amounts to subsequent taxable years.

  • SSAB7 had a public hearing in the Assembly Committee on Jobs, Economy and Small Business on Tuesday.  And the Committee voted to pass the Legislation on Thursday on a 9-6 vote.
  • SSSB7 had a public hearing in the Senate Committee on Small Business, Workforce Development and Tourism on Wednesday.  The Committee voted to pass the Legislation unanimously on Thursday, 5-0.

Commission on Waste, Fraud and Abuse meets
 

On Tuesday, Governor Walker's Commission on Waste, Fraud and Abuse was convened for its first meeting.  Governor Walker charged the group with identifying $300 million in waste, fraud or abuse and reporting back to him in July with an initial report.

The scope of the Commission's will focus on the following:
  • To identify waste, fraud and abuse in state government programs and state appropriations and recommend solutions.
  • To obtain and review all budget documentation for each state agency, including detailed information regarding the appropriations and programs administered and the related personnel costs.  
  • To advise the governor about the long and short-term impact of the Commission's recommendations on state appropriations, efforts to make government smaller and more efficient, and ongoing economic development initiatives.

Mr. Craig Rakowski was appointed Chairperson of the Commission by Governor Walker.  The bios of Mr. Rakowski and other Commission members is below:
 
Craig Rakowski-Rakowski worked as a certified public accountant for 29 years primarily dealing with housing and construction clients.  He now serves as the CEO and President of James Craig Builders.  He will serve as the chairperson of the Waste, Fraud and Abuse Commission.

 

Ara Cherchian - Cherchian is part-owner of Northern Wire in Merrill and the former owner of Northland Stainless in Tomahawk.  He is also a former Board member and Board chair of the Wisconsin Manufacturing Extension Partnership.

Cindy Archer-
Archer has a long history of public service, working at the Wisconsin Department of Administration, Department of Corrections, and most recently as the Director of Administrative Services of Milwaukee County.  She is now currently serving as the Deputy Secretary of the Wisconsin Department of Administration


 

Sen. Frank Lasee-Senator Lasee represents the 1st Senate District and will be serving as the Republican representative from the Senate.

Sen. Chris Larson ­-
Senator Larson represents the 7th Senate District and will be serving as the Democratic representative from the Senate.

Rep. Samantha Kerkman -
Representative Kerkman represents the 66th Assembly District and will be serving as the Republican representative from the Assembly.

Rep. Mark Pocan -
Representative Pocan represents the 78th Assembly District and will be serving as the Democratic representative from the Assembly. 
 

Medical Assistance Program will be audited
 

The Joint Legislative Audit Committee this week held a public hearing and voted to approve a proposed audit of the state's Medical Assistance Program.  
 

 

Wisconsin's Medical Assistance program consists of two main subprograms: a longstanding subprogram for elderly, blind, and disabled individuals; and BadgerCare Plus, which began in February 2008 and was authorized by 2007 Wisconsin Act 20, the 2007-09 Biennial Budget Act. BadgerCare Plus was created by merging its predecessor, BadgerCare, with family coverage under the Medical Assistance program, and by expanding income limits and creating coverage for additional groups of individuals.

 

In fiscal year 2009-10, benefit expenditures totaled $6.7 billion. Approximately 70.2 percent of these expenditures were funded with federal revenue, 19.3 percent with GPR, and 10.5 percent with other sources, primarily segregated revenue through the State's Medical Assistance Trust Fund. From January through November 2010, the average number of monthly Medical Assistance recipients totaled 1,048,546, 73.2 percent of which were receiving services through BadgerCare Plus. These figures exclude expenditures and enrollment related to the SeniorCare program.

 

Among those testifying at the hearing and welcoming the Audit were newly appointed Department of Health Services Deputy Secretary Kitty Rhoades and Medicaid Director Brett Davis.  Both Rhoades and Davis are former Republican members of the State Assembly.

 

The scope of the Audit of the Medical Assistance program will include the following:

 

  • a review of trends in program expenditures by funding source and type, including a detailed review of administrative costs;
     
  • a review of trends in the number of Medical Assistance recipients by sub-program category;
     
  • an analysis to apportion cost increases among increased caseloads, increased service costs, and increased administrative costs;
     
  • to the extent reliable data are available, an analysis of trends in program service costs by category, such as physician office visits, nursing home care, and inpatient hospital stays;
  • a review of contract payments for selected administrative services, including services provided by HP Enterprise Services, which acts as the fiscal agent for Medical Assistance;
  • a review of how Medical Assistance costs and benefits in Wisconsin compare to those of other midwestern states; and
  • a review of cost containment strategies that other states have implemented to address rising costs in their Medical Assistance programs, including a program that was highlighted by Sen. Julie Lassa (D-Plover) at the Marshfield Clinic as a possible best practice.

The Joint Committee approved the audit and the amended scope unanimously.  This will be a lengthy project and the LAB has said it is likely some portions of the Audit will be accelerated to be available for consideration during the budget deliberations, and other portions, may not be ready until after the budget debate.

 

At the conclusion of the hearing State Auditor Janice Mueller updated on the status of an audit currently being wrapped up of Wisconsin's Family Care program, the state's Long-Term Care program.  That program accounts for $900 million of the state's Medical Assistance Program, and the Audit will be released by March at the latest, but likely in February.

State of the State Date Set

The date of Governor Scott Walker's State of the State Address has been re-scheduled to Tuesday, February 1st, because the previous date conflicted with President Obama's State of the Union Speech.
The Week Ahead

 
MONDAY, January 17, 2011
No meetings scheduled.

TUESDAY, January 18, 2011

 
9:00 AM
Committee on Judiciary and Ethics
225 North West
Special Session Assembly Bill 1 (Civil Justice Reform)
Exec. Session.


 
2:30 PM
Committee on Agriculture, Forestry, and Higher Education
300 Southeast
Senator Dan Kapanke, Chair
Brancel, Ben
Of Endeavor, as Secretary of the Department of Agriculture, Trade and Consumer Protection, to serve for the term ending at the pleasure of the Governor.

WEDNESDAY, January 19, 2011
11:00 AM
Joint Committee for Review of Administrative Rules
300 Southeast
Senator Leah Vukmir, Co-Chair
Representative Jim Ott, Co-Chair
Emergency Rule 1025
An order amending Chapter TCS 17, relating to training program grant funds.
Emergency Rule 1026
Order to create chapter Comm 139 relating to rural outsourcing grants, and affecting small businesses.
Emergency Rule 1031
An order of the Department of Regulation and Licensing to repeal RL 112.005, 113.005, 114.005, 115.005 and 116.005; to renumber and amend RL 113.02 (1) and 115.02 (1) (a); to amend ch. RL 112 (title), 112.01 (intro.), 112.03 (1), 112.08 (2), ch. RL 113 (title), 113.01 (1), 113.02 (4) and (5), 114.09, 116.01 (1) (intro.), (b) to (d), (2), (3) (intro.), (b) to (d), (f) to (h) and 116.02 (4); to repeal and recreate chs. RL 110 and 111 , 112.04 and 113.04, and to create RL 110.08 to 110.13, 113.02 (1) (a) to (g), 114.095, 114.10, 115.02 (1) (a) 1. to 9., 116.01 (1) (e) to (h), 116.02 (3) (i) to (m), 116.03 and 116.04, relating to the regulation of professional boxing contests.
Emergency Rule 1032
An order of the Department of Regulation and Licensing to create chs. RL 192 to 196, relating to the regulation of mixed martial arts sporting events.
Clearinghouse Rule 10-098
Relating to payday lending.

THURSDAY, January 20, 2011

No meetings scheduled.

FRIDAY, January 21, 2011

No meetings scheduled.






 


Fundraisers


Wednesday, January 19th
5 pm Reception and Dinner for Speaker Jeff Fitzgerald.  The Del-Bar, 800 Wis. Dells Pkwy, Lake Delton.  $500 per person for cocktail reception only, $1000 per person for cocktail reception and dinner.  RSVP required for dinner. Make checks payable to Fitzgerald for Assembly.  Mastercard, Visa, and Discover accepted.  No PAC/corporate contributions. For questions or to RSVP contact Melanie Hubbard at 608-279-1275 or mhubbard@wisgop.org


 
Friday, January 21st
6 pm Birthday Celebration for Speaker Pro Tempore Bill Kramer. Nice Ash, 327 W. Main St, Waukesha.Make Checks Payable to Citizens for Kramer, No PAC or corporate contributions please.