Conservatively Speaking

The son of Greendale Police Chief Robert Dams, Nicholas Dams was killed in a motorcycle accident in September, 2005. Nicholas, an A-student who dreamed of someday becoming a police officer just like his father, was driving home after classes from the Milwaukee Area Technical College. He was 20 years old.

Nicholas was struck in the intersection of 13th and Highland Boulevard by Marvell Thomas who was 18 years old at the time of the accident. Thomas was operating without a proper driver’s license. Thomas served no jail time and was issued a citation.

Following Nicholas’ death, I authored a bill in the previous legislative session that required that a person operating a motor vehicle while his or her operating privilege is suspended or revoked and causes the death of another person is guilty of a Class D felony and shall be fined not more than $100,000, imprisoned not more than 25 years, or both. The bill did not pass last session.

The driver that hit and killed Nicholas Dams, under current law, could only be issued a CITATION for driving after revocation and another for failure to yield the right of way. This is not an isolated case. The same scenario happens to people all over Wisconsin victimized by people driving illegally after their licenses are revoked.

Thursday night, Fox 6 News ran an investigative report showing video of Nicholas Dams’ killer, Marvell Thomas, still driving without a license.

Here’s the Channel 6 story. Please click on the play arrow at the far left side of the video screen after you open the link to see the report.

Hundreds of people are stopped on our roadways for driving after revocation or suspension. This issue needs further review to prevent more innocent people like Nicholas Dams from being tragic victims on our streets and highways.

The state Senate today had two major bills on its calendar.

One of the bills would regulate the conditions of traveling sales crews. The Senate approved the bill, 28-5. In the interest of supporting business and free enterprise, I was one of the five Senators voting against the legislation.

Wisconsin already over-regulates business and commerce. This legislation would impose very tough restrictions. It would drive out legitimate businesses, hurting those companies and their employees. Under this bill, the possibility of reputable companies to tap into the huge market of selling door-to-door would practically be eliminated. The bill also robs college students from gaining summer jobs, a chance to grow and become successful, contributing members of the community.

I supported a responsible amendment proposed by state Senator Glenn Grothman that would have exempted independent direct sellers. An independent direct seller is defined as an individual engaged in independent direct seller activities who is a permanent resident of this state, who sells goods or services that are distributed by a business entity that maintains a permanent fixed retail location, or who meets any four of the following conditions:

1. The individual is a direct seller and is in good standing with all applicable federal, state, and local tax collecting agencies.

2. The individual controls or is otherwise personally responsible for the safekeeping of any moneys received from the individual’s customers for any goods or services sold to those customers.

3. The individual has title to the goods sold and delivered to the individual’s customers.

4. The individual establishes proof of financial responsibility.

5. The individual sells only goods or services that are provided by business
entities that are subject to the jurisdiction of the courts of this state.

These conditions, if met, certainly demonstrate a business is reputable. Senator Grothman’s amendment that I supported was not approved.

The Senate agenda also included the cable TV franchising bill. There were enough votes to approve the measure that would have created greater competition in Wisconsin for cable television. Democrat Senator Russ Decker, a co-chair of the Legislature’s Joint Finance Committee, made a motion to send the bill to the Joint Finance Committee and the motion was approved on a party-line vote. It’s unknown when the Joint Finance Committee will take up the bill.


The entire floor session today was marred by Senate President Fred Risser’s constant interruption of Republican Senators. As Republican Senators attempted to make floor presentations, an impatient Senator Risser would bang his gavel, interrupting a Senator in mid-sentence. This occurred every time a Republican Senator had the floor. Risser’s manner of presiding over the state Senate was a stark contrast to the days when Republicans were in control and allowed Democrat Senators to make lengthy floor speeches.

Today’s session also marked the second week in a row Risser used a quick gavel to end the session to prevent Republicans from bringing up other issues for debate, including the bill to end the sick leave benefit for elected officials.

The state Senate will be in session Tuesday, April 24, 2007. Here is the Senate Calendar, approved by the Senate Organization Committee at 2:16 this afternoon:


First Order. Call of Roll.

Second Order. Chief clerk's entries.

Third Order. Introduction, first reading and reference of proposals; reference of appointments.

Fourth Order. Report of committees.

Fifth Order. Petitions and communications.

Sixth Order. Advice and consent of the Senate.

QUESTION: Shall the appointment be confirmed?

Arneson, Kenneth, of Oshkosh, as a member of the Nursing Home Administrator Examining Board, to serve for the term ending July 1, 2010. (Report confirmation recommended by committee on Public Health, Senior Issues, Long Term Care and Privacy, Ayes 5, Noes 0)

Azar, Lauren, of Madison, as a member of the Public Service Commission to serve for the term ending March 1, 2013. (Report confirmation recommended by committee on Commerce, Utilities and Rail, Ayes 7, Noes 0)

Britton, Marla, of Westby, as a member of the Real Estate Appraisers Board, to serve for the term ending May 1, 2011. (Report confirmation recommended by committee on Economic Development, Job Creation, Family Prosperity and Housing, Ayes 7, Noes 0)

Conta, Dennis, of Milwaukee, as a member of the Health Insurance Risk-Sharing Plan Authority, to serve for the term ending May 1, 2010. (Report confirmation recommended by committee on Transportation, Tourism and Insurance, Ayes 7, Noes 0)

Gass, Eric, of Milwaukee, as a member of the Rural Health Development Council, to serve for the term ending July 1, 2011. (Report confirmation recommended by committee on Campaign Finance Reform, Rural Issues and Information Technology, Ayes 5, Noes 0)

Meyer, Tanya, of Gleason, as a member of the Board on Aging and Long Term Care, to serve for the term ending May 1, 2012. (Report confirmation recommended by committee on Public Health, Senior Issues, Long Term Care and Privacy, Ayes 5, Noes 0)

Wickhem, Rebecca, of Milwaukee, as a member of the State Fair Park Board, to serve for the term ending May 1, 2011. (Report confirmation recommended by committee on Transportation, Tourism and Insurance, Ayes 7, Noes 0)

Seventh Order. Referrals and receipt of committee reports concerning proposed administrative rules.

Eighth Order. Messages from the Assembly.

Ninth Order. Special Orders.

Tenth Order. Consideration of motions, resolutions, and joint resolutions not requiring a third reading.

QUESTION: Shall the resolution be adopted?

Senate Resolution 5. Relating to: Start! Walking At Work Day. By Senators Lassa, Lehman, Coggs, Risser, Roessler, Olsen, A. Lasee, and Schultz.

QUESTION: Shall the joint resolution be adopted?

Senate Joint Resolution 26. Relating to: recognizing Alexis Deignan for her selection as Miss Wisconsin Preteen. By Senator Kreitlow; cosponsored by Representative Moulton.

Senate Joint Resolution 30. Relating to: the life and military service of United States Army Pfc. Jon Bailey St. John II. By Senator Ellis; cosponsored by Representative Roth.

Senate Joint Resolution 37. Relating to: Secretary John A. Scocos. By Senators Roessler, S. Fitzgerald, Coggs, Darling, Grothman, Kanavas, Kapanke, Kedzie, Lazich, Lehman, Leibham, Olsen, Schultz, and Lassa; cosponsored by Representatives Townsend, Vos, Albers, Berceau, Bies, Boyle, Friske, Gronemus, Gundrum, Honadel, Hubler, Jeskewitz, Jorgensen, Kerkman, Kleefisch, Kreuser, F. Lasee, LeMahieu, Lothian, Mason, Nelson, Nygren, A. Ott, Owens, Parisi, Pope-Roberts, Pridemore, Richards, Schneider, Sheridan, Sherman, Sinicki, Staskunas, Stone, Toles, Travis, Turner, Vukmir, M. Williams, Young, Zepnick, Ziegelbauer, Suder, Vruwink, Montgomery, Ballweg, Hintz, Nass, Hebl, Krusick, and Petersen.

Senate Joint Resolution 40. Relating to: designating April 24 as Wisconsin Day of Remembrance for the Armenian Genocide of 1915 to 1923. By Senator Plale.

Senate Joint Resolution 41. Relating to: the life and service of Specialist Grant A. Dampier of the United States Army. By Senator Breske; cosponsored by Representative Friske.

Senate Joint Resolution 42. Relating to: the life and service of Sergeant Ryan D. Jopek of the Wisconsin Army National Guard. By Senator Breske; cosponsored by Representative Friske.

Senate Joint Resolution 43. Relating to: urging the president to extend SeniorCare. By Senators Hansen, Robson, Lehman, Taylor, Sullivan, Decker, Lassa, Vinehout, Kreitlow, Erpenbach, Coggs, Breske, Plale, Risser, Miller, Carpenter, Wirch, and Jauch; cosponsored by Representatives Nelson, Soletski, Grigsby, Boyle, Shilling, Parisi, Toles, Berceau, Vruwink, Zepnick, Kreuser, Staskunas, Krusick, Molepske, Turner, Gronemus, Van Akkeren, Black, Jorgensen, Seidel, Hintz, Young, Benedict, Sinicki, and Schneider.

Senate Joint Resolution 44. Relating to: the life and public service of Virginia B. Hart. By Senator Risser; cosponsored by Representativ

During my recent tour of town hall meetings across the entire Senate District 28, many constituents had concerns and questions about Governor Doyle’s proposed state budget. I often referred to the Governor’s budget as a Thanksgiving turkey, meaning it could be November before the next biennial budget actually takes effect. The next state budget theoretically is supposed to become law July 1, 2007, the date the state begins its fiscal year of 2007-08.

What is making this budget proposal so problematic, jeopardizing its chances of being adopted on time, is the Governor’s insistence that taxes and fees be increased by $1.75-billion. That bombshell alone is a heart-stopper. Factor in the state is in deficit and the odds of a split Legislature coming to a budget agreement by July 1 are very slim.

If the state is without a new budget on July 1, it operates under the old budget until the 2007-09 budget is approved. Some administrators of programs anticipating increased state funding like schools and local governments would be very nervous about a budget delay.

I am not alone in my prediction the current budget deliberations will drag on for months. The highly-regarded Wisconsin Taxpayers Alliance (WTA) is also leery.

The WTA lists a number of reasons why the state budget is on a crash course. It compares this budget scenario to the budget process 10 years ago. In 1997, the Governor and the legislative leaders were of different parties. During the 1990’s, Governor Tommy Thompson bucked heads with Senate Majority Leader, Democrat Chuck Chvala. Ditto 2007. Governor Doyle has to deal with Assembly Speaker Mike Huebsch, Republican of West Salem.

The legislative parties of the 1990’s also had split control. While Chvala was leading the Senate, Republican Ben Brancel was the Assembly Speaker. Today Huebsch runs the Assembly while Democrat Judy Robson runs the Senate

Budgets in the 1990’s were enacted very late. The 1995 budget was enacted on December 20, the 1997 budget was enacted on October 13, and the 1999 budget was enacted on October 29. It appears a repeat is in the cards.

The WTA also points to slim margins in each legislative majority. Democrats control the Senate, 18-15. Republicans control the Assembly, 52-47. In one of its latest reports, the WTA writes, “With
few seats to spare, majority leadership needs caucus unity to establish party positions and eventually to pass a budget. But geographic and philosophical differences, not to mention personality conflicts, occur in both parties. By opposing their party’s positions or holding their caucus hostage to specific demands, a few dissidents within a majority can delay a budget or, if they choose, derail it.”

The Joint Finance Committee, the powerful committee that works on the state budget, has 16 members, 8 Republicans and 8 Democrats. That scenario results in many 8-8 tie votes, keeping the Governor’s budget unchanged.

Budgets approved by the Assembly and Senate will be so markedly different, that a conference committee composed of Senators and Assembly representatives will be formed to try to reconcile the budget bill. The conference committee is unlikely to agree on provisions unless it has assurances that the Governor will not use his powerful veto. That will certainly bottle up proceedings.

The elephant in the room will be the huge tax and fee increases Governor Doyle seeks. Unlike the late 1990’s, the state today does not enjoy strong revenue growth to play with. Gaining compromise was not easy then and it will not be easy now.

You can read the WTA’s report here.

The Green Bay Packers are scheduled to play in Detroit on Thanksgiving Day this year. The game will be over, and the state of Wisconsin may still be without a budget.

The Senate Organization Committee will be meeting on Monday, April 23rd, 2007 at 12:00 pm to establish the state Senate calendar for April 24th, 2007.

The following items will be considered for placement on Tuesday’s calendar.

Committee on Senate Organization

TENTATIVE CALENDAR

for Tuesday, 11:00 AM., April 24, 2007

Senate Resolution 5

Relating to: Start! Walking At Work Day.

By Senators Lassa, Lehman, Coggs, Risser, Roessler, Olsen, A. Lasee and Schultz.

04-20. S. Read and referred to committee on Senate Organization.
04-20. S. Available for scheduling.

Senate Joint Resolution 26
Relating to: recognizing Alexis Deignan for her selection as Miss Wisconsin Preteen.

By Senator Kreitlow; cosponsored by Representative Moulton.

03-13. S. Read and referred to committee on Senate Organization.
03-13. S. Available for scheduling.

Senate Joint Resolution 30
Relating to: the life and military service of United States Army Pfc. Jon Bailey St. John II.

By Senator Ellis; cosponsored by Representative Roth.

04-11. S. Read and referred to committee on Senate Organization.
04-11. S. Available for scheduling.

Senate Joint Resolution 37
Relating to: Secretary John A. Scocos.

By Senators Roessler, S. Fitzgerald, Coggs, Darling, Grothman, Kanavas, Kapanke, Kedzie, Lazich, Lehman, Leibham, Olsen, Schultz and Lassa; cosponsored by Representatives Townsend, Vos, Albers, Berceau, Bies, Boyle, Friske, Gronemus, Gundrum, Honadel, Hubler, Jeskewitz, Jorgensen, Kerkman, Kleefisch, Kreuser, F. Lasee, LeMahieu, Lothian, Mason, Nelson, Nygren, A. Ott, Owens, Parisi, Pope-Roberts, Pridemore, Richards, Schneider, Sheridan, Sherman, Sinicki, Staskunas, Stone, Toles, Travis, Turner, Vukmir, M. Williams, Young, Zepnick, Ziegelbauer, Suder, Vruwink, Montgomery, Ballweg, Hintz, Nass, Hebl, Krusick and Petersen.

04-13. S. Read and referred to committee on Senate Organization.
04-13. S. Available for scheduling.

Senate Joint Resolution 40
Relating to: designating April 24 as Wisconsin Day of Remembrance for the Armenian Genocide of 1915 to 1923.

By Senator Plale.

04-20. S. Read and referred to committee on Senate Organization.
04-20. S. Available for scheduling.

Senate Joint Resolution 41
Relating to: the life and service of Specialist Grant A. Dampier of the United States Army.

By Senator Breske; cosponsored by Representative Friske.

04-20. S. Read and referred to committee on Senate Organization.
04-20. S. Available for scheduling.

Senate Joint Resolution 42
Relating to: the life and service of Sergeant Ryan D. Jopek of the Wisconsin Army National Guard.

By Senator Breske; cosponsored by Representative Friske.

04-20. S. Read and referred to committee on Senate Organization.
04-20. S. Available for scheduling.
Senate Joint Resolution 43
Relating to: urging the president to extend SeniorCare.

By Senators Hansen, Robson, Lehman, Taylor, Sullivan, Decker, Lassa, Vinehout, Kreitlow, Erpenbach, Coggs, Breske, Plale, Risser, Miller, Carpenter, Wirch and Jauch; cosponsored by Representatives Nelson, Soletski, Grigsby, Boyle, Shilling, Parisi, Toles, Berceau, Vruwink, Zepnick, Kreuser, Staskunas, Krusick, Molepske, Turner, Gronemus, Van Akkeren, Black, Jorgensen, Seidel, Hintz, Young, Benedict, Sinicki and Schneider.

04-20. S. Read and referred to committee on Senate Organization.
04-20. S. Available for scheduling.

Senate Bill 7 (PH)
An Act to repeal 66.0435 (1) (a), 66.0435 (1) (f), 66.0435 (3) (c) 7., 66.0435 (5) and 341.05 (26) (b); to renumber 341.05 (26) (a); to renumber and amend 66.0435 (1) (e), 66.0435 (1) (g), 138.056 (1) (c), 710.15 (1) (a) and 710.15 (1) (e); to amend 30.40 (6), 45.31 (12), 49.47 (4) (b) 1., 59.69 (4) (d), 66.0435 (title), 66.0435 (1) (b) and (c), 66.0435 (1) (d), 66.0435 (1) (i) and (j), 66.0435 (2) (a), 66.0435 (2) (b), 66.0435 (2) (c), 66.0435 (2) (d), 66.0435 (3) (title), 66.0435 (3) (a), 66.0435 (3) (c) 1. (intro.), 66.0435 (3) (c) 1. a., 66.0435 (3) (c) 1. c., 66.0435 (3) (c) 1. d., 66.0435 (3) (c) 2., 66.0435 (3) (c) 3., 66.0435 (3) (c) 5. and 6., 66.0435 (3) (c) 8., 66.0435 (3) (cm) to (f), 66.0435 (3m), 66.0435 (4) (intro.), 66.0435 (4) (b), 66.0435 (4) (c), 66.0435 (8), 66.0435 (9), 66.0809 (3), 66.1019 (2), 70.043, 70.111 (19) (title), 70.112 (7), 71.07 (6e) (a) 5., 71.07 (9) (a) 3., 71.07 (9) (a) 4., 71.52 (2), 71.52 (7), 77.51 (4) (b) 7., 77.51 (13) (am), 77.51 (15) (b) 6., 77.52 (2) (a) 1., 77.53 (17), 77.53 (18), 77.54 (7) (b) (intro.), 77.54 (36), 77.61 (1) (a), 77.61 (1) (c), 77.71 (4), 77.78, 77.785 (2), 77.995 (2), 79.03 (3) (b) 4. a., 100.21 (1) (a), subchapter III (title) of chapter 101 [precedes 101.70], 101.70, 101.71 (4), 101.71 (6) (a) (intro.), 101.71 (6) (b), 101.715, 101.72, 101.73 (1), 101.73 (1m), 10

The Legislature’s Joint Finance Committee has removed 48 policy items from the state budget. The committee decided the policy items have no impact on the budget, and they will now have to be drafted into separate bills.

The most significant policy item removed from the state budget is the Qualified Economic Offer (QEO) that I wrote about in early January.

Here is the complete list of policy items taken out of the budget by the Joint Finance Committee:

Administration:
o General Agency Provisions. Truth-in-Sentencing Phase II Council.

Agriculture, Trade and Consumer Protection
o Nursery and Plant Quarantine Law Penalties.

Board on Aging and Long Term Care
o CBRF requirement to post contact information on the ombudsman program.

Child Abuse and Neglect Prevention Board
o Real estate donations to the foundation.

Corrections – Adult Corrections
o Rename Parole Commission the Earned Release Review Commission and expand authority to modify bifurcated sentences.
o Placements for 90-day sanctions.
o Audit limit for state and county-purchased correctional services.

Elections Board
o Campaign finance appropriation.

Employee Trust Funds
o Modify retirement provisions for educational support personnel.

Employment Relations Commission
o Repeal QEO provisions.
o Weighting of factors considered in arbitration awards.
o Collective bargaining for UW faculty and academic staff.

General Fund Taxes – Excise taxes and regulation of tobacco and alcohol.
o Direct marketing of cigarettes and tobacco products.

General Provisions
o Milwaukee County Pension Liabilities – Appropriation bond and promissory note authority.
o Milwaukee County Pension Committee membership expertise.
o Redevelopment Authority inspection rights.

Health and Family Services – Departmentwide
o Required reports.

Health and Family Services – Medical Assistance – Long Term Care
o Statewide licensed nursing home bed cap and bed transfers.
o Repeal nursing home bed bank.
o Nursing home and CBRFs – contesting actions and receiverships.
o Community relocation initiative – authority to provide services to additional clients.

Health and Family Services – Disability and Elder Services
o Audit limit for state and county-purchased human and correctional services.
o Proposed county budget for community aids expenditures.

Health Insurance Risk Sharing Plan Authority
o Authority to designate insurance types for eligibility purposes.
o Eligibility for premium subsidies.
o Pharmacy and pharmacists participation.
o Provider rates.
o Fiscal agent responsibilities.

Insurance
o Minimum coverage requirements for treatment of mental health and alcohol and other drug abuse problems.
o Required health insurance coverage for autism spectrum disorders.
o Health insurance – Insurer disclosure of current procedural terminology code changes and explanation of restriction or termination of policy coverage.

Justice
o Public intervenor.
o Civil rights enforcement authority.

Legislature
o Audit of the state crime laboratories.

Natural Resources – Departmentwide
o Automated DNR citations.

Natural Resources – Water Quality
o Authorize Milwaukee Metro Sewerage District to use design-build process.

Public Instruction – Administrative and Other Funding
o High school credit requirements.
o Wind electricity generators.

Regulation and Licensing
o Providing fingerprints to the department.
o Eliminate temporary private security permits.
o Credential limitations.

Revenue – Lottery Administration
o Time period for claiming instant lottery prizes.

Shared Revenue and Tax Relief – Property Tax Credits
o Farmland Preservation – Tax credit and land use provisions.

Shared Revenue and Tax Relief – Property Taxation
o Property tax exemption for veterans service organizations.
o City of Milwaukee authority to extend the life of TIF districts.

Shared Revenue and Tax Relief – Local Revenue Options
o Premier Resort Area – City of Milwaukee.

Transportation – Motor Vehicles
o Operating while intoxicated driver improvement surcharge.

Workforce Development – Child Support
o Study on child support collection process.

A proposed constitutional amendment to require a photo ID to vote in Wisconsin has cleared the third of four legislative steps, but the fourth hurdle may be an insurmountable obstacle thanks to Democrats who control the state Senate.

The amendment that I co-sponsored provides that a qualified elector may not vote, or register to vote, at the polls on Election Day unless the elector presents a photographic identification issued by this state or by the federal government. It’s that simple. In an effort to preserve the integrity of our election system, in order to vote, you have to prove you are who you say you are.

Let’s review the history of this proposal. Because it is an amendment to the state constitution, the measure must pass two consecutive sessions of the Legislature, and then be approved by voters in a statewide referendum.

After the Legislature approved three photo ID bills, only to see all three vetoed by Governor Doyle, the constitutional amendment requiring photo ID was introduced on May 3, 2005. The state Assembly passed the amendment, 57-36, on November 1, 2005. The state Senate then passed the amendment, 19-14, on March 9, 2006.

The amendment must now be approved in this, the current session of the Legislature before it can go to voters in a referendum. On April 17, 2007, the state Assembly approved the amendment, 54-43. Now the amendment must be approved by the state Senate, but its fate is all but dead.

Democrat leaders in the Senate are refusing to schedule the amendment for consideration. The Senate Democrat chair of the Senate committee that would hold a hearing on the amendment said in a prèss release he would do whatever he could to prevent the amendment from getting a Senate vote. He also said, “This bill will create a roadblock for all voters.” That’s not true. It will create a roadblock for those who would attempt to cheat our voting system.

Wisconsinites clearly would vote to change our state constitution, given the opportunity. According to a statewide survey released by the Wisconsin Policy research Institute in October 2005, “Wisconsin residents, by a 63% to 30% margin, clearly favor a constitutional amendment to require photo ID’s for voting. This number is slightly less than general support for the measure where 69% of the residents support requiring photo ID’s to vote, while only 27% oppose such a requirement. The support for a constitutional amendment is strong in most parts of the state. No region of the state opposes such a constitutional amendment.”

A photo ID requirement returns confidence to our system that has been rocked by voter fraud. It ensures that every voter casting a legal ballot is not disenfranchised by a fraudulently cast ballot. Sadly, it appears a group of 18 Senate Democrats, with urging from Governor Doyle, will thwart the will of the people and stand in the way of common sense public policy.

Walk into a grocery or liquor store in Wisconsin and the store could have a display set up offering you a free sample of wine. Under Wisconsin law, grocery and liquor stores may provide two wine taste samples of not more than three ounces each, free of charge, for consumption on the premises between the hours of 10 a.m. and 6 p.m. State law prohibits stores from offering free samples of beer. That is about to change.

The state Senate and the state Assembly have both passed legislation to allow holders of Class A licenses to provide free samples. If the Governor signs the bill into law, here is how it would work.

Grocery and liquor stores would be allowed to offer up to two taste samples of beer of not more than three ounces each. The samples could be given free of charge between the hours of 11 a.m. and 7 p.m. to customers and visitors of legal drinking age. The beer samples, that amount to about a half can of beer would have to be consumed on the premises.

This legislation brings consistency. Stores that can legally offer small free samples of wine should also, in a state world-renowned for beer, be able to offer similar-sized free beer samples.

The legislation is also good for business and tourism. Consumers will now be able to sample beer produced by local breweries and micro-breweries that may entice them to make purchases. The samples will enable some of Wisconsin’s fine products to enjoy greater exposure and compete with larger breweries. News of the bill is already spreading all across the country over the Internet.

Some may be concerned about the potential for misuse. I believe it is highly unlikely an individual will become intoxicated by sample-hopping from store to store. Frankly, that would take a lot of time and effort when it would just be easier to purchase a six-pack. The samples that will be offered are small, barely a taste.

The bill is pro-business, pro-competition, pro-tourism, and pro-Wisconsin. It needs to be signed into law.

Senate Republicans were united today in a move to bring a bill to the Senate floor to end the ability of elected officials to increase their retirement benefits with unused sick leave.

A bill to end the sick leave benefit has passed in the Assembly, 66-29, but Senate Democrat leaders have refused to schedule the bill for a vote in the Senate.

Today, Senate Republicans moved to bring the bill up for debate and a floor vote. They noted the public is rightfully fed up knowing elected officials have a benefit the private sector doesn’t enjoy. Republicans argued that legislators need to serve the people they represent first, and not themselves.

Democrats immediately objected. Senate Democrat leader Judy Robson said if Republicans didn’t like the sick leave benefit, they didn’t have to take it.

The debate got very personal when Democrat Senator Bob Jauch went after Republican Senator Alberta Darling. Darling made the motion to bring up the sick leave bill. Senate rules prohibit Senators from personally attacking each other.

In the middle of debate, Robson stood and motioned for an adjournment of the floor session. Senate President Fred Risser quickly banged his gavel over Senate Republican shouts of objection. The rarely used move of the quick gavel prevented further discussion and a vote on a bill that passed overwhelmingly in the state Assembly and has tremendous public support.

Senate Republicans understand the sick leave benefit needs to officially be eliminated. It’s unconscionable that taxpayer-funded elected officials possess a benefit that most taxpayers could never obtain. Senate Democrats, on the other hand, seem poised to selfishly play parliamentary games and use stall tactics to keep the sick leave benefit intact.

Here is the State Senate Calendar for Tuesday, April 17, 2007 as approved by the Committee on Senate Organization. The Senate will convene at 11:00 A.M. The final Calendar for Tuesday was adopted by the Committee on Senate Organization at 1:19 this afternoon.


First Order. Call of Roll.

Second Order. Chief clerk's entries.

Third Order. Introduction, first reading and reference of proposals; reference of appointments.

Fourth Order. Report of committees.

Fifth Order. Petitions and communications.

Sixth Order. Advice and consent of the Senate.

QUESTION: Shall the appointment be confirmed?

Adamski, Paul, of Stevens Point, as a member of the Savings Institutions Review Board, to serve for the term ending May 1, 2012. (Report confirmation recommended by committee on Veterans and Military Affairs, Biotechnology and Financial Institutions, Ayes 5, Noes 0)

Albrecht, Arlie, of Green Bay, as a member of the Marriage and Family Therapy Professional Counseling and Social Work Examining Board, to serve for the term ending July 1, 2008. (Report confirmation recommended by committee on Economic Development, Job Creation, Family Prosperity and Housing, Ayes 7, Noes 0)

Andersen, William, of Onalaska, as a member of the Board of Veterans Affairs, to serve for the term ending May 1, 2011. (Report confirmation recommended by committee on Veterans and Military Affairs, Biotechnology and Financial Institutions, Ayes 4, Noes 0)

Arnold, Eva, of Beloit, as a member of the Board on Aging and Long Term Care, to serve for the term ending May 1, 2012. (Report confirmation recommended by committee on Public Health, Senior Issues, Long Term Care and Privacy, Ayes 5, Noes 0)

Cihlar, Sandi, of Mosinee, as a member of the Land and Water Conservation Board, to serve for the term ending May 1, 2011. (Report confirmation recommended by committee on Environment and Natural Resources, Ayes 5, Noes 0)

Clausen, David, of Amery, as a member of the Natural Resources Board, to serve for the term ending May 1, 2013. (Report confirmation recommended by committee on Environment and Natural Resources, Ayes 5, Noes 0)

Daley, Kathryn, of Green Bay, as a member of the Auctioneer Board, to serve for the term ending May 1, 2011. (Report confirmation recommended by committee on Labor, Elections and Urban Affairs, Ayes 5, Noes 0)

Dunkin, Regina, of Beloit, as a member of the Public Defender Board, to serve for the term ending May 1, 2010. (Report confirmation recommended by committee on Judiciary and Corrections, Ayes 5, Noes 0)

Erdmann, Bruce, of Madison, as a member of the Psychology Examining Board, to serve for the term ending July 1, 2010. (Report confirmation recommended by committee on Health and Human Services, Ayes 6, Noes 0)

Farley, Patrick, of Sun Prairie, as a member of the Prison Industries Board, to serve for the term ending May 1, 2011. (Report confirmation recommended by committee on Judiciary and Corrections, Ayes 5, Noes 0)

Frank, Matt, of Madison, as Secretary of the Department of Corrections, to serve for the term ending at the pleasure of the Governor. (Report confirmation recommended by committee on Judiciary and Corrections, Ayes 5, Noes 0)

Greco, Lisa, of Brookfield, as a member of the Credit Union Review Board, to serve for the term ending May 1, 2012. (Report confirmation recommended by committee on Veterans and Military Affairs, Biotechnology and Financial Institutions, Ayes 5, Noes 0)

Hanson, Gail, of Delafield, as a member of the Deferred Compensation Board, to serve for the term ending July 1, 2010. (Report confirmation recommended by committee on Veterans and Military Affairs, Biotechnology and Financial Institutions, Ayes 5, Noes 0)

Heinemann, Lorrine Keating, of Madison, as Secretary of the Department of Financial Institutions, to serve for the term ending at the pleasure of the Governor. (Report confirmation recommended by committee on Veterans and Military Affairs, Biotechnology and Financial Institutions, Ayes 5, Noes 0)

Howard, Carol, of Shorewood, as a member of the Dentistry Examining Board, to serve for the term ending July 1, 2010. (Report confirmation recommended by committee on Health and Human Services, Ayes 6, Noes 0)

Kedrowski, David, of Washburn, as a member of the Wisconsin Waterways Commission to serve for the term ending July 1, 2009. (Report confirmation recommended by committee on Environment and Natural Resources, Ayes 5, Noes 0)

Kinney, Michael, of River Falls, as a member of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors, to serve for the term ending July 1, 2008. (Report confirmation recommended by committee on Economic Development, Job Creation, Family Prosperity and Housing, Ayes 7, Noes 0)

Lentz, Gregory, of Menomonie, as a member of the Credit Union Review Board, to serve for the term ending May 1, 2011. (Report confirmation recommended by committee on Veter

With the income tax deadline fast approaching, the Tax Foundation in Washington D.C. has just released its annual survey on Americans’ attitude about taxes.

Here are the key findings:

• A new 2007 poll of tax attitudes finds a majority of U.S. adults believe the federal tax code is complex, that the federal income taxes they pay are “too high,” and the federal tax system needs major changes or a complete overhaul.

• Just one in ten (10 percent) say they are willing to pay higher taxes to eliminate 2007’s projected $244 billion federal budget deficit.

• Two-thirds (66 percent) favor a complete elimination of the controversial federal estate tax.

• Roughly half (48 percent) say they are willing to give up some federal tax deductions if such broadening of the tax base were coupled with an across-the-board cut in tax rates.

• The estate tax is seen as the most “unfair” federal tax, followed by gasoline taxes and personal income taxes. At the state and local level, gasoline taxes are seen as the most “unfair” tax, followed by local property taxes and motor vehicle taxes.


You can read the entire Tax Foundation report here.

Today, Thursday, April 12, taxpayers in Alabama and Oklahoma get to celebrate. Taxpayers in those states have the earliest Tax Freedom Day in America. Tax Freedom Day is the day taxpayers finally stop working to pay off all their taxes and can start keeping earnings for themselves.

The news isn’t as good for Wisconsin. Wisconsin has to wait another 20 days before Tax Freedom Day arrives on May 2, the thirteenth –latest Tax Freedom Day in the United States, even later than the national average Tax Freedom Day of April 30.

The Tax Freedom Day report by the Tax Foundation in Washington D.C. is yet another glaring example of Wisconsin’s heavy tax burden.

You can read the Tax Foundation’s report on Tax Freedom Day here.

As a member of the Wisconsin Legislative Council Special Committee on the Great Lakes Water Resources Compact, I readily admit that I am not in a hurry to ratify the Great Lakes Compact. I cannot support a flawed document that is bad for public health, bad for the environment, bad for economic development, and generally bad public policy.

Mark Squillace, Director of the Natural Resources Law Center at the University of Colorado Law School has written a research paper titled Rethinking the Great Lakes Compact. The Compact’s ideal goal is to protect, conserve, restore, improve and effectively manage the Great Lakes waters. Squillace writes the prescription in the Compact is sorely inadequate for achieving the stated goal. The research paper to be published in the Michigan State Law Review can be found here.

With surgical precision, Squillace dissects the Compact components, illuminating the reasons the document is far from being ready for prime time. The Compact is so problematic that Squillace suggests chucking it entirely and starting from scratch.

Absent of any strict cap on overall use of water resources, the probability of overuse of water is high. Thus, the Compact fails to encourage conservation.

A critical Compact requirement is that states manage new or increased water withdrawals, a requirement Squillace calls cumbersome. Concentrating on new uses of consumption ignores existing uses of the resources that have a far more significant impact. This edict will result in a failure to protect lake levels and a failure to promote the ecological health of the Great Lakes Basin.

Squillace also contends the Compact focuses too much on the place of the water use instead of the impact of the use on the overall water resources of the Basin. Far from simple and efficient, the Compact forces states to regulate in a heavy-handed fashion that will impair economic development.

In conclusion, Squillace says the Compact will not achieve its goal of protecting and conserving the Great Lakes. I agree. Riddled with too many problems, the Compact is bad public policy.

Meanwhile, the need for New Berlin and Waukesha to obtain Lake Michigan water remains serious. Because both communities must reduce the concentration of radium levels in their drinking water, their need for increased access to Lake Michigan water is in the interest of public health. Milwaukee Mayor Tom Barrett has made it clear he is going to stand in the way. Barrett is threatening the ability of New Berlin and Waukesha to gain access to Lake Michigan water, resulting in requiring those communities to spend millions of dollars to drill new wells and treat existing wells.

I am very concerned about allegations James Rowen posted on his blog, The Political Environment, on February 28, 2007. Barrett is threatening not only to delay Waukesha’s access to Lake Michigan water but also to impose a tax on access to water.

The need for Lake Michigan water in New Berlin and Waukesha is critical and undeniable. It is unconscionable that Barrett would attempt to profit from this public health crisis by extorting these communities to pay a huge new tax. Withholding water will endanger public health and will damage economic development. Barrett needs to reconsider his ill-conceived notion to take economic advantage of the public health plight in our communities.

I authored a resolution in March honoring Rhett Schiller, an Army Captain from Waterford who died during November 2006 while defending our country in Iraq. The resolution was approved by the state Legislature last month.

Today, the Racine Journal-Times writes about the resolution. You may read about it here.

Corn farmer David Kurtz of Urbana, Illinois is enthusiastic about ethanol. Kurtz, who owns about 800 acres of farmland, told the Associated Press, “I happen to be more encouraged by what I see going on in agriculture now than anytime from the time I got involved in it in 1977. More demand for corn, it’s very simple, it leads to higher prices.”

Contrast Kurtz’s optimism with the skepticism of cattle rancher Kerby Barker of Wyoming who knows it’s more expensive to feed cows, chickens and pigs due to the rising cost of feed corn. Barker told NewsMax.com, “It’s hard to see where the future is, if corn keeps going up. Anytime you jack up the price of fuel, anytime you jack up the price of corn, it just drives up your bottom line.”

Ethanol, and the corn craze to produce it, is causing a wide rift between farmers. Some rejoice over skyrocketing corn prices. Others aren’t so happy because they’re battling for the very same corn to feed their livestock, and have to pay more.

Being a farmer is difficult, so the ethanol buzz can be welcome news to a rural community. A new ethanol plant can generate new investment, create new jobs, and open new real estate markets. The ethanol boom can also lead farmers to grow corn instead of other crops. That creates shortages and higher prices for other commodities, and higher costs to produce food will mean higher food prices at grocery stores.

There are other reasons not every farmer has jumped on the ethanol bandwagon. Corn requires a great deal of water to grow, more water than many other crops. Some farmers and other concerned residents near ethanol plants can’t compromise losing the water the ethanol plants require.

“That’s what’s really going to kill the water situation here, the amount of water it will take to irrigate all that corn,” said Lowell Brakey of Dodge City, Kansas to the Lawrence Journal-World. Harry Coambes of southwest Missouri told the newspaper, “What would you do to protect your home, your livelihood and your net worth? If they have to empty our aquifer, I am financially ruined, me and about 100 some other families.” Coambes’ solution was to go to court to fight a proposed ethanol plant.

Opposition to an outbreak of ethanol plants includes concern over pollution and the danger of overextending water supplies. Worries abound over polluted water being discharged onto other property or underground.

Many new ethanol plants popping up are farmer-owned cooperatives. Financially-troubled farmers thought corn was their light at the end of the tunnel. However, some grapple with the dilemma of the ethanol craze driving up the cost of feed that drives up the cost of food. Their sudden fortune can deplete a community’s water supply, fueling a fight over who gets to use it. Some plants divide a community to the point of court litigation.

There’s no sign of America’s intoxication with ethanol wearing off. The U.S. Department of Agriculture's annual prospective plantings report says demand from the ethanol industry is expected to result in the biggest U.S. corn planting since 1944. Corn planting will be up 15% this year to 90.5 million acres, 12.1 million more acres than in 2006. The Renewable Fuels Association says our ethanol output was about five billion gallons last year and is expected to double to nearly 11 billion gallons by 2009. That could intensify the public backlash against the production of corn for fuel, and widen the chasm between today’s farmers.

Here’s more evidence Wisconsin taxes too much. The Wisconsin Taxpayer Alliance reports Wisconsinites paid $6.14 billion in state income taxes last year. The average tax paid in Wisconsin last year was $2,716.

Close to 2.8 million taxpayers filed returns last year. Of that number, 2.01 million paid at least some tax.

There does not seem to be tax relief in sight. The Wisconsin Taxpayer Alliance projects that income taxes are expected to top $7.12 billion by the fiscal year 2009, further demonstrating the need to clamp down on runaway spending and taxation in Wisconsin.

You can read their press release with more tax facts about Wisconsin here.

Thank you to everyone that attended one or more of the Town Hall meetings I conducted throughout the entire Senate District. Your comments, questions, and concerns are greatly appreciated.

I plan to hold another series of Town Hall meetings in the future and will alternate the time of day the meetings are scheduled. For example, if a community had a Town Hall meeting in the last series in the evening, the next Town Hall meeting in that community will be scheduled during the day.

Stay tuned for more information about upcoming Town Hall meetings.

Today I received a copy of a letter being sent by the Department of Natural Resources (DNR) to all interested parties about the availability of applications to capture, neuter and release mute swans. Here is the letter:


Subject: Mute Swan Capture, Neuter & Release Application and Permit

Dear Recipient:

This letter is to inform you that applications to Capture, Neuter, and Release mute swans on bodies of water in Racine, Kenosha and/or Waukesha counties are now available. People interested in conducting these activities can obtain an application by contacting me at 608-266-2151. One application must be submitted for each body of water mute swans will be captured on and all applications must be postmarked by June 1, 2007.

Permits to capture, neuter, and release mute swans will only be issued for bodies of water in Racine, Kenosha and/or Waukesha Counties. Permits will be issued by July 1, 2007 and will be valid through December 31, 2007.

The following are conditions of the permit:

· Capture will be carried out or assisted by persons knowledgeable in wildlife control and capture techniques.

· All mute swans will be humanely captured, transported, and maintained.

· The mute swans will be delivered to a veterinarian for the purposes of neutering as soon as it is practical but no later than 24 hours after capture.

· The permittee will provide written proof of neutering, signed by a licensed veterinarian to a DNR representative.

· The neutered mute swans will be held for only the amount of time sufficient for treatment and recovery as directed by the attending veterinarian. As soon as the neutered mute swans are deemed healthy enough for release, the applicant will contact the DNR Wildlife Management Contact listed on page 1 to schedule the marking of the swan(s).

· If a mute swan is determined by the attending veterinarian to be sick or diseased, it shall be euthanized by the veterinarian and turned over to the department within 24 hours.

· Mute swans that may be injured or hurt during the capture, neutering, or release will be treated, possessed or disposed of as directed by the Department. Mute swans that die during capture, neutering, or release shall be turned over to the department within 24 hours.

· All neutered mute swans must be marked in accordance with USGS Bird Banding Laboratory Swan Protocol by DNR staff prior to release.

· Neutered mute swans may only be released to the same body of water from which they were captured.

· The permittee is not an agent of the State and shall be responsible for their own acts, errors or omissions and of those working under authority of the permit. The permittee accepts risk and responsibility for damage or injury to property or persons resulting from their actions during the capture, neutering and release of mute swans; and will hold the Department harmless for such damage or injury.

· If permitted swan(s) become a threat to public safety, the permittee is responsible for their removal or the Department will remove the swan(s).

· If the permittee is required to remove the mute swans after release because they have become a threat to public safety, the permittee must first receive a new written authorization from the Department to engage in the removal. The written authorization will designate the allowed method of removal and the required disposition of the mute swan.

· If permitted swan(s) interfere with trumpeter swan breeding, nesting, and brood-rearing activities, the Department will remove the swan(s).

· If any permitted swan(s) occur within boundaries of state-owned lands, the Department may remove them.


If you have any question about the permit or the permitting process, please feel free to call me at 608-266-2151.


Sincerely,


Brad Koele

Acting Urban Wildlife and Wildlife Damage Specialist

Bureau of Wildlife Management

Wisconsin has the seventh-highest state-local tax burden in the nation according to a new study by the Tax Foundation in Washington D.C. State and local taxes make up 12.3 percent of income in Wisconsin.

The Tax Foundation writes, “Since 1970 Wisconsin taxpayers have paid a comparatively high state-local tax burden, never ranking out of the top ten. However, since 2000 Wisconsin has fallen three places in the ranking as taxpayers in states such as neighboring Ohio have started paying more.”

Wisconsin has been in the top ten in state-local tax burdens for 37 years, and the ranking would be even worse if not for higher taxes in Ohio that has the fifth-highest tax burden in America. The report reinforces that Wisconsin has made little, if any, progress in reducing its propensity to tax and spend, an economically damaging practice that must stop.

Nationally, the Tax Foundation reports, “Overall, state and local tax burdens will fully consume 11 percent of the nation's income in 2007—a new record. The previous high occurred in 2005 at 10.9 percent.”

You can see the Tax Foundation report, “State and Local Tax Burdens Hit 25-Year High,” here.

My March 5, 2007 blog entry, March Madness documented the increase in the number of calls made this time of year to the Wisconsin Council on Problem Gambling Helpline. The Executive Director of the Council on Problem Gambling Rose Gruber says March tends to be a record-setting month for people calling in to seek help for addictive gambling. During 2005, the hotline recorded 10,049 calls, with 10% or 1,095 coming in March. Numbers for March 2006 are unavailable, but leading up to March Madness, February 2006 the Hotline recorded over 1100 calls.

I pointed out the significant social costs of gambling to the state of Wisconsin. The average debt of callers to her hotline is $43,000, up from 37,000 last year. Wisconsin has 332,000 serious problem gamblers, up from 265,000 last year, a significant increase.

The USA TODAY reports, “the Road to the Final Four, the nation's fourth biggest gambling event, is paved with personal and financial ruin.”

“If the NCAA wants information on the human toll from gambling, it should ask Sandi Snook. The 41-year old mother from Charles City, Iowa, says she lost two 17-year-old sons, directly or indirectly, to the sports betting addiction of Meng-Ju "Mark" Wu, a 19-year-old freshman at the University of Wisconsin.

Dane County (Wis.) prosecutors said Wu, furious over a $15,000 sports betting debt, shot Snook's son Dustin Wilson to death in his sleep June 26, 2003, in Verona, Wis., with Wu's bookie Jason McGuigan, 28, and Dan Swanson, 25. McGuigan was the real target, says Bernie Coughlin, Verona's police chief. Wilson and Swanson, McGuigan's roommates, were in the wrong place at the wrong time. Hours before his trial was to begin, Wu hung himself in jail Jan. 17, 2005.

Wilson's death devastated his brother and best friend, David, and Nov. 19, 2005, David Snook locked the door of his bedroom and hung himself in his closet. “

You can read the entire USA TODAY article here.

The Fond Du Lac Reporter newspaper has a report on the lost productivity that results from March Madness. You can read the article here.