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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:  October 28, 2011

SUBJECT:  
 Weekly Legislative and Political Update
 
In This Issue
Legislature in Session Again Next Week
Special and Regular Session Bills Headed to Governor's Desk
Administration Releases Concealed Weapons Policy for State Capitol
The Week Ahead

Legislature in Session Again Next Week

Next week, the legislature will be back in session for another week continuing its work in both Special and Regular Sesson. The legislature has already passed more than 20 bills this Fall during its Special and Regular Sessions. Those proposals are now being enrolled to be sent to Governor Walker's desk for his signature.

  

The Senate will is not scheduled be in session on Tuesday, November 1, but will be in on Wednesday, November 2. As of this writing, the Senate has not released its Floor Schedule for next week.

  

The Assembly will be in session on Tuesday, November 1, and will consider the following bills:

 

Resolutions

AJR-55. Memorial (Thiesfeldt) Life and public service of Craig Allen Birkholz.

AJR-59. Diabetes (Toles) Diabetes Awareness Month.

AJR-70. German-American (Kessler) Recognizes October 6 as German-American day.

SJR-46. Breast Cancer (Darling) Proclaims the month of October as Breast Cancer Awareness Month.

Legislative Proposals

AB-39. UW Regents (Severson) Requires appointment of at least one regent from each congressional district.

AB-55. Failure-to-Yield (Pridemore) Change affecting failure-to-yield violations.

AB-62. Student Meds (Kestell) Changes affecting administration of medication to pupils.

AB-69. Self Defense (Kaufert) Privilege of self defense.

AB-71. DPI (Kestell) Expands definition of "immoral conduct" under licensing provisions at DPI.

AB-75. Special Olympics (Nygren) Individual income tax checkoff for Special Olympics Wisconsin, Inc.

AB-122. Unpardoned Felons (Thiesfeldt) Permits an educational agency to refuse to employ or to terminate from employment an unpardoned felon.

AB-142. Talent Incentive Grants (Legislative Council) Enrollment requirements for recipients of talent incentive grants.

AB-144.. Financial Aid (Legislative Council) Creating a commission on financial aid consolidation and modernization.

AB-152.  Airports (Steineke) Allows state aid for an airport improvement project involving federal aid to include cost of hangars and up to $2,000,000 for the cost of a building project or building improvement project.

AB-224. School Boards/Libraries (Kaufert) Authorizes school boards and libraries to transfer a gift or grant to certain charitable organizations.

AB-246. Resisting Arrest (Krug) Resisting an officer while armed with or threatening to use a dangerous weapon.

AB-274. Railroads (Petrowski) Requires motorists to yield to railroad track equipment trains at crossings; requiring a railroad to maintain its right of way.

AB-293.. Child Restraint Systems (Endsley) Clarifies 2005 Act 106 to expressly allow a driver to transport a child in a more protective restraint system than the minimum required by law.

AB-311. Sporting Recruitment (Steineke) Creates sporting recruitment and retention program.

AB-319. Municipal Employee Benefits (Wynn) Allows a municipal employer to enter into a memorandum of understanding to reduce the cost of compensation or fringe benefits; provides the MOU is not a modification of the collective bargaining agreement for purposes of Act 10.

AB-328. Time-Share (Rivard) Non-judicial foreclosure of time-share estates and licenses.

SB-28. UW Regents (Harsdorf) Requires appointment of at least one citizen member from each congressional district to the UW Board of Regents.

SB-42. Child Abuse Reporting (Wanggaard) Mandatory reporting of child abuse or neglect by school district employees; training in child abuse and neglect identification; laws, and procedures for those employees; retaliation against a person who reports child abuse or neglect in good faith.

SB-48. Special Olympics (Galloway) Creates an individual income tax checkoff for the Special Olympics in WI.

SB-49. DPI (Olsen) Expands definition of "immoral conduct" under licensing provisions at DPI.

SB-77. Trails Council (Leibham) Membership on State Trails Council.

SB-85. Theft (Zipperer) Makes theft of services a crime.

SB-95. School Flexibility (Olsen) Granting high school credit for extracurricular sports; services provided by a special education program; transportation aid paid to school districts; the use of moneys received by a school district from the common school fund; using the results of standardized examinations to evaluate, discharge, suspend, or discipline a teacher or for the nonrenewal of a teacher's contract; the number of teaching days scheduled in the Milwaukee Public Schools; permitting a school district to limit the grades in which to reduce class size under the Student Achievement Guarantee in Education Program; permitting a school board to deny enrollment to a pupil who has been expelled from an out-of-state school or from an independent charter school in this state and permitting an independent charter school to expel a pupil; use of law enforcement records to take disciplinary action against a pupil under a school district's athletic code; and changing the date by which a school district must certify the amount of its property tax levy.

SB-151. Employee Compensation (Cowles) Modifies Act 354 (SB-552) of the last session to remove language related to make certain employee referrals of customers do not constitute "consideration", allowing employees in Wisconsin to participate in prize drawings conducted as part of employer-sponsored customer referral contests.

SB-212. Nursing Homes (Galloway) Makes various changes in regulation of nursing homes.

SB-224. Shorewood (Darling) Exception to local levy limits for the Village of Shorewood.

SB-228. Transporting Hunting Equipment (Moulton) Placing, possessing or transporting a firearm, bow or crossbow in or on a vehicle or in or on a motorboat.

SB-234. Parental Choice (Vukmir) Pre-accreditation and accreditation of private schools participating in the MPCP and the choice program for eligible school districts, certificates of occupancy for participating private school buildings, verification of income eligibility for pupils to participate in the programs, fees and tuitions charged to pupils attending participating private schools, standards of conduct for administrators of participating private schools.

 

Note:  The Assembly intends to take up SB-2, which is on the Senate Message. The Assembly will take up AB-125 and AB-302 from the Tuesday, Oct. 25, Calendar, and the following bills, which are special ordered: AB-69, AB-147, AB-301, SB-107, SB-116.

 

Special and Regular Session Bills Headed to Governor's Desk
Over the past three weeks, the state legislature has been meeting in both Special and Regular Session working on a myriad of bills that are focused on growing Wisconsin's economy.  

 

Governor Walker called for the Special Session in mid-September and released the following statement this week praising the legislature's efforts so far during the Special Session to improve the state's economy.

 

"With a focus on creating a pro-jobs environment in Wisconsin, the Legislature passed more pro-jobs bills today in the "Back to Work Wisconsin" special session. This productive special session proves that we are laser beam focused on making it easier for employers to create jobs in Wisconsin.  As this special session moves forward, I am confident that more pro-jobs bills will make their way to my desk and become law, helping small business owners and employers put more people back to work. I thank the Legislature for their hard work."

 

The Governor also highlighted in his statement three specific bills:

Special Session Bill 12 (Zipperer/Vos) Passed the Senate 17-15 and was messaged to the Assembly: The bill lists the factors a court must consider in determining whether attorney fees are reasonable. Those factors include, the time and labor required by the attorney, the novelty and difficulty of the questions involved, the complexity of the case, the skills needed to perform the legal service, whether or not this particular case prevented the attorney from accepting other work, the fee customarily charged in the locality for similar legal services, the amount involved in the legal dispute and the result obtained. This bill also provides that, in an action in which compensatory damages are awarded, reasonable attorney fees may not exceed three times the amount of the compensatory damages awarded, unless, after considering the facts, the court determines that a greater amount is reasonable.

 

Special Session Bill 20 (Schultz/Nerison) Passed the Senate on a voice vote and was messaged to the Assembly: This bill makes changes to agricultural production loan guarantees administered by WHEDA, specifically the Credit Relief Outreach Program (CROP). The purpose of CROP is to provide farmers with working capital through a low interest rate loan guaranteed through WHEDA. This bill makes three key changes to the CROP program. First, it lowers the minimum loan amount from the current $30,000 to $2,000 and raises the maximum loan amount from the current $100,000 to $150,000. Lowering the minimum and raising the maximum loan amounts is intended to make it easier for farmers to obtain working capital. The bill also changes the loan guarantee term from the current expiration of March 31 of a calendar year in which the loan was made to a 12 month term and deletes a provision in current law that allows lenders to extend the guarantee term. Changing the guarantee term to a 12 month term and deleting the provision which allows lenders to extend the term are intended to make the CROP loan program more user friendly for farmers by making a repayment term more consistent.

 

Special Session Bill 23 (Zipperer/Strachota) Passed the Senate 17-15 and was messaged to the Assembly: This bill makes numerous changes to the procedural statutes governing the actions of the Department of Revenue in providing advice, conducting audits, imposing penalties, issuing refunds, promulgating administrative rules and litigating tax disputes.
 
Other Bills Headed to the Governor's Desk 
Senate Bills

SB-47. Small Business (Moulton) Various changes affecting Small Business Regulatory Review Board.

SB-75. Deer Hunting (Moulton) Prohibits the DNR from establishing certain restrictions on hunting antlered deer and regulating the establishment of fall open seasons for hunting deer with firearms.

SB-96. Motor Vehicle Dealers (Leibham) ) Enumerates several additional actions of a manufacturer, importer or distributor with respect to a dealer as violations.

*SB-203. Employer-paid Medical Care (Wanggaard) Adopts federal law as it relates to excluding from an employee's income certain payments from an employer related to medical care.

*SB-222. Sealed Containers (Lazich) Permits for overweight vehicles or combinations transporting sealed containers or vehicles in international trade.

*SB-223. Agricultural Vehicles (Lazich) Annual or consecutive month permits for certain overweight vehicles or vehicle combinations transporting agricultural products.

 

Assembly Bills

AB-1. Jobs Tax Credit (Williams) Changes in the processing of refunds for the jobs tax credit.

AB-30. Child Care (Kooyenga) Delegation by a parent, guardian, or legal custodian of a child of powers regarding the care and custody of the child by a power of attorney.

AB-48. Stewardship Funds (J. Ott) Information about land acquired with stewardship funding.

AB-60. County Blanket Bonds (Van Roy) Expands county blanket bonds to veteran service officers and veterans service commission.

AB-63. Retail Liquor Sales (Wynn) Changes morning closing hours for Class "A" and "Class A" retailers from 8 a.m. to 6 a.m. so Class "A" retailers may sell beer from 6 a.m. until midnight, unless local ordinances are more restrictive.  "Class A" retailers would be able to sell liquor from 6 a.m. to 9 p.m.

AB-64. Oversize Mobile Homes (Petrowski) Single trip permits for oversize mobile homes, manufactured homes and modular homes.

AB-81. Disabled Drivers (Krusick) Changes affecting special ID cars providing parking privileges for persons with physical disabilities.

AB-113. County Boundary (Ballweg) Changes boundaries between Marquette and Green Lake counties.

*AB-179. TIFs (Weininger) Authorizes creation of a multi-jurisdictional TIF district.

AB-248. Hay Trucks (Petrowski) Annual or consecutive month permits for vehicles transporting over height loads of hay or straw.

*AB-252. Truck Weight (Petrowski) Extends to December 31 seasonal weight limits for vehicles transporting agricultural crops.

*AB-253. Truck Length (Petrowski) Eliminates DOT permit required for certain vehicles carrying poles, pipe, girders and similar materials on highways.

*AB-254. Vehicle Length (Petrowski) Increases to 45 feet the maximum permissible length of single vehicles operated on a highway without an over length permit.

AB-267. Vehicle Combinations (Petrowski) Operation of three-vehicle combinations on highways.

AB-270. Veterans Memorial Bridge (Mursau) Designates a bridge across the Menominee River in Marinette County as Veterans Memorial Bridge.

AB-275. BCPL (Brooks) Makes various changes affecting the Board of Commissioners of Public Lands.

AB-300. License Plates (A. Ott) Changes affecting registration plates for dealers, distributors, manufacturers and transporters of motor vehicles.

 

* Legislation that was included in the September Special Session.

Information taken from www.thewheelerreport.com
 

Administration Releases Concealed Weapons Policy for State Capitol

This week, the Walker Administration released its policy regarding implementation of Act 35 -Wisconsin's Concealed Carry Law - that takes effect on November 1, 2011.  

  

According to a Department of Administration memo, the policy supersedes, modifies or guides the interpretation of existing employment policies as they relate to concealed carry and to the extent that such policies are inconsistent with this policy. This policy does not apply to or affect the carrying of weapons by law enforcement officers or other persons who are required to carry a weapon in the course of employment as part of their job duties (www.doa.state.wi.us).

 

According to the Milwaukee Journal Sentinel, state workers will have to notify their supervisor in writing that they have a permit and intend to carry a concealed weapon before doing so. The employees must keep the weapon concealed at all times "unless lawfully using the weapon," the policy says.

 

Both chambers of the Republican-led legislature are deciding separately what to do in the parts of the Capitol under each house's control. In the State Senate, lawmakers are moving to ban guns in the public viewing galleries above the Senate floor but will allow them on the floor itself. In the Assembly, however, GOP lawmakers want to allow concealed carry in the viewing gallery as well as the floor. Guns will also be allowed in legislative hearing rooms, but lawmakers from both houses will be able to ban concealed weapons in their individual offices (www.jsonline.com). 

 

The Week Ahead  

  

Nov 1 Tue
Colleges and Universities (Assembly)
10:00 AM
328 Northwest
Items: Senate Bill 184
Public Hearing
Nov 1 Tue
Forestry (Assembly)
10:00 AM
225 Northwest
Items: Assembly Bill 342
Public Hearing
Nov 1 Tue
Urban and Local Affairs (Assembly) (Executive Session)
10:30 AM
300 Northeast
Items: Assembly Bill 279
Executive Session
Nov 1 Tue
Health (Senate)
11:00 AM
400 Southeast
Items: Senate Bill 180
Public Hearing
Nov 2 Wed
Administrative Rules (Joint)
9:00 AM
417 North (GAR Hall)
Items: Emergency Rule 1114
Public Hearing
Nov 2 Wed
Rural Economic Development and Rural Affairs (Assembly) (Executive Session)
1:00 PM
225 Northwest
Items: Assembly Bill 181; Assembly Bill 288
Executive Session