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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:  December 2, 2011

SUBJECT:  
 Weekly Legislative and Political Update
 
In This Issue
Mining Legislation Proposed
Governor Signs Several Bills
Recall Election Update
The Week Ahead

Mining Legislation Proposed

This week, Assembly Republicans introduced a comprehensive iron ore mining bill that would create a minimum two-year timeline for approving a mining permit. The bill also eliminates the possibility of legal or government agency challenges that could delay approval a mining permit.

 

According to Wispolitics.com, the bill would establish a 12-month pre-application period in which a mining company would submit notification of mining plans and a description of the project. After the original notification, the DNR would have to have at least one meeting with the applicant to analyze the project. Within 60 days of that meeting, the DNR would have to provide a written summary of needed approvals, environmental impact report requirements and other information (www.wispolitics.com).

 

The bill also includes provisions that state that a company could submit an application, which the Department of Natural Resources (DNR) would have to consider complete within 30 days, unless the agency provided notice of what information is missing. Moreover, once the application is complete, the DNR would have to act on the application within 360 days. That timeline is only extended if related permit and approval applications are submitted more than 60 days after the DNR calls the permit application complete. The overall timeline would then be extended by the number of days after the initial 60-day window (www.wispolitics.com).

-- Other key parts of the bill include:
*Disallowing of contested case hearings for iron mining permits nor allow legal challenges to delay a DNR decision until after the permit is approved, but not before.

*Limiting the DNR's authority to put extra conditions on the mitigation of wetlands. Currently, the DNR must issue a water quality certification before a federal permit can be issued. In the bill, if the DNR found that mitigation offsets adverse impacts from iron ore mining, the DNR couldn't impose any additional conditions.

*Depositing half of the net proceeds occupation tax on iron mining into the state's general fund, with the other half going into the investment and local impact fund. Currently, all the net proceeds tax revenue, which is garnered from net income of sale of ore or minerals, is put into the investment and local impact fund. Most of that money is distributed to counties and municipalities where the mining occurs.

*Imposing a fee on applicants equal to DNR's costs for evaluating a mining project. The fee would be capped at $1.1 million.


Reaction to the introduction of the bill fell along partisan and philospohical lines with Republicans and business leaders praising the bill and Democrats and environmental groups raising concerns about potential envirionmental impacts of potential mine and that is was being orchestrated by "special interests."

 

The bill will be formally introduced and receive a public hearing Wednesday during a meeting of the Assembly Committee on Small Business, Jobs and the Economy. The committee will meet in Wednesday at 10 a.m. in Milwaukee at State Fair Park (www.wispolitics.com). 

Governor Signs Several Bills 
On Wednesday, Governor Walker signed several bills into law. The 21 bills range from the "castle doctrine" that protects residents from legal issues when they use deadly force to protect their homes or business to the capping of attorneys' fees.

List of Bills Signed into Law: 

AB-300. License Plates (A. Ott) Changes affecting registration plates for dealers, distributors, manufacturers and transporters of motor vehicles. Act 90

SB-96. Motor Vehicle Dealers (Leibham) ) Enumerates several additional actions of a manufacturer, importer or distributor with respect to a dealer as violations. Act 91

SB-107. Landlords (Lasee) Prohibits ordinances limiting certain things a landlord may do. Act 92

SB-217. Accidents (Lasee) Suspension of operating privilege or registration for unsatisfied judgment for damages resulting from a motor vehicle accident. Act 93

SB-241. Foreclosures (Lasee) Non-judicial foreclosure of time-share estates and licenses. Act 94

SS-SB-12. Attorney Fees. Defines factors for a court to consider in determining the reasonableness of attorney fees and limits attorney fees to three times the award with certain limiting factors and exemptions including whether non-monetary relief is awarded or in cases involving both compensatory damages and non-monetary relief.  Act 95

SS-SB-22. Trespass. Duty of care owed to trespassers.  Act 96

AB-69. Self Defense (Kaufert) Privilege of self defense.  Act 97

AB-48. Stewardship Funds (J. Ott) Information about land acquired with stewardship funding. Act 98

AB-60. County Blanket Bonds (Van Roy) Expands county blanket bonds to veteran service officers and veterans service commission.  Act 99

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. Act 100

AB-81. Disabled Drivers (Krusick) Changes affecting special ID cars providing parking privileges for persons with physical disabilities. Act 101

AB-103. Stolen Guns (LeMahieu) Penalty for receiving a stolen gun. Act 102

AB-245. Prescription Drugs (J. Ott) Procurement of prescription drugs by a faculty member at an institution of higher education for the purpose of lawful research, teaching or testing. Act 103

AB-274. Railroads (Petrowski) Requires motorists to yield to railroad track equipment trains at crossings; requiring a railroad to maintain its right of way. Act 104

SB-77. Trails Council (Leibham) Membership on State Trails Council. Act 105

SB-85. Theft (Zipperer) Makes theft of services a crime. Act 106

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. Act 107

SB-136. Vacant Land Sales (Schultz) Disclosure reports for sellers of vacant land. Act 108

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. Act 109

SB-196. School Spending (Olsen) Excludes from the calculation of expenditure restraint payments expenditures made pursuant to a purchasing agreement with a school. Act 110

SB-208.. Child Restraint Systems (Grothman) 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. Act 111

SB-253. Environmental Contamination (Galloway) Liability of certain persons for environmental contamination on property on which a cleanup has been conducted.  Act 112

(information taken from the Wheeler Report).

 

Recall Election Update 

This week, state Senator Tim Cullen (D-Janesville) confirmed to the Capitol press corps that he in fact will run for Governor in a recall election against incumbent Governor Scott Walker if the Democratic Party of Wisconsin and union officials are successful in gathering the 540,208 required signatures by the January 17, 2012 deadline, which would trigger a recall election of the first-year Governor.

 

As of late last week, reports of more than 300,000 collected signatures were announced by the Democratic Party officials.  

  

When speaking the Capitol press corps, Cullen, 67, said "I watch the other potential candidates who might run and might not run and finally came to the firm conclusion, 'Why not me?' I think I offer a really, really reasonable alternative to Governor Walker if there's going to be a recall election."

Cullen also said that as he would be able to "calm the waters" if elected and will run against a Walker agenda that he says was developed by "national right-wing think tanks" (www.wispolitics.com).


Cullen, who was elected in 2010 and is in his second stint as a state Senator, previously served as the Senate's Majority Leader in the mid-1980's and as Secretary of the Department of Health and Family Services for Republican Governor Tommy Thompson in the late 1980's.

 

Cullen has gained state-wide attention over the past six months by touring the state  with state Senator Dale Schultz (R-Richland Center) to promote a more bipartisan approach to governing (www.wispolitics.com).

 

Other Democrats reportedly considering a possible run against Walker include Milwaukee Mayor Tom Barrett, former Dane County Executive Kathleen Falk, former U.S. Representative Dave Obey (D-Wausau), U.S. Representative Ron Kind (D-La Crosse) and state Senator Jon Erpenbach (D-Waunakee).

The Week Ahead  

  

Dec 13 Tue Health (Senate)
9:00 AM
411 South
Items: Senate Bill 240; Senate Bill 317; Senate Bill 306
 
Public Hearing
Dec 13 Tue Law Revision Committee
10:30 AM
415 Northwest, State Capitol, Madison
Items: (None)
Overview: Consideration, for possible introduction of: Remedial legislation proposed by the Wisconsin Housing and Economic Development Authority and the Department of Transportation
Study Meeting
Dec 13 Tue Transportation (Assembly)
11:00 AM
417 North (GAR Hall)
Items: Assembly Bill 278; Assembly Bill 295; Assembly Bill 327; Assembly Bill 330; Assembly Bill 388
 
Public Hearing
Dec 14 Wed Natural Resources (Assembly) (Executive Session)
9:30 AM
412 East
Items: Assembly Bill 421
 
Executive Session
Dec 14 Wed Jobs, Economy and Small Business (Assembly) (Executive Session)
10:00 AM
State Fair Park Milwaukee, Tommy G. Thompson Youth Center
Items: LRB-3520/1
 
Executive Session
Dec 14 Wed Natural Resources and Environment (Senate) (Executive Session)
10:00 AM
300 Southeast
Items: Assembly Bill 104; Senate Bill 288; Senate Bill 301; Senate Bill 326
 
Executive Session
Dec 14 Wed Jobs, Economy and Small Business (Assembly)
10:01 AM
State Fair Park Milwaukee, Tommy G. Thompson Youth Center
Items: LRB-3520/1
 
Public Hearing
Dec 14 Wed Education (Senate)
12:00 PM
201 Southeast
Items: Assembly Bill 224; Senate Bill 315; Senate Bill 251; Senate Bill 289
 
Public Hearing
Dec 14 Wed Education (Senate) (Executive Session)
12:05 PM
201 Southeast
Items: Assembly Bill 224; Senate Bill 315; Senate Bill 251; Senate Bill 289
 
Executive Session
Dec 15 Thu Judiciary and Ethics (Assembly)
10:30 AM
417 North (GAR Hall)
Items: Assembly Joint Resolution 49; Assembly Bill 101; Assembly Bill 168; Assembly Bill 249; Assembly Bill 284; Assembly Bill 285; Assembly Bill 391; Senate Bill 127
 
Public Hearing
Dec 15 Thu Criminal Justice and Corrections (Assembly)
11:00 AM
300 Northeast
Items: Assembly Bill 203; Assembly Bill 385; Assembly Bill 367
 
Public Hearing