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Downing, Karley- GOV

From: Murray, Ryan M- GOV
Sent: Thursday, March 31, 2011 7:09PM
To: Murray, Ryan M- GOV
Subject: Daily Policy and Legislative Briefing
Legislative Affairs Team
Legislator Contacts:
Representative Weininger contacted us about the Chiropractic Examining Board and stem cell research.
Representative Marklein's Office contacted us regarding a letter they want the Governor to sign and the
status of the Budget Repair Bill
Representative Knilans' Office contacted us regarding civil service protections tor teachers
Representative Kleefisch wants AB 35- the culling bill signed by the 1
51
weekend in May (opening fishing
weekend)
Senator Grothman is concerned about the UW authority
Representative Loudenbeck has questions regarding the Economic Income Maintenance Administration.
Representative Farrow, Representative Kooyenga will be attending the vet's announcement tomorrow
(Representatives Kooyenga and Pridemore are vet's)
Representative Knodl's Office called asking if our education staff was able to talk with one of their school
board members about details of the education initiatives in the budget bill. Will be following up with
Education Team tomorrow.
Economic Development and Regulatory Reform Team
Commerce
-
Apri15
1
h Tour at Sub-Zero
o Working on specific event and site visit with the governor
April15
1
h Event with Secretary Bildsten
o Working on setting up an event in Oshkosh or Fond du Lac with the secretary on financial issues of
importance
PATCI"
Livestock Siting
o Spoke with Jeff Lyon and John Petty about a CAFO situation in Johnstown east of Janesville in Rock
County
o An ATCP Board resolution calling for technical review of livestock siting is before the Secretary
Truck Weight Limits
o Spoke with John Petty (DATCP Division administrator) about a proposal for economic growth that
requires changes to our truck weight laws.
o A side benefit is the likely investment of Class I railroad improvements to WI
PACE
DNR
o DATCP provided some proposals for dealing with the 16 applicants from 2010.
o They had an initial agreement with DATCP and feel they are owed reimbursement for their spending
in anticipation of grants.
Recycling
o DNR has developed a compromise recycling package
Hayward Tree Nursery Closing
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o Two county board supervisors from Sawyer County met with our office and Matt Moroney
o They support closing the other two nurseries in Wisconsin Rapids and Boscobel
o Most trees raised in DNR nurseries are shipped and planted north of Hwy 8
o The Doyle Administration planned the closure of the Hayward facility due to retirements scheduled to
occur there
Continuous Disinfection Bill (AB 23, SB 19)
o Referred a Calumet County Committee to DNR for information on these bills.
DOR
Throwback Sales Tax
DOT
o Spoke with a Minnesota business owner who has manufacturing facilities in Wisconsin about the
Throwback Tax.
o He is unhappy with what happened in the last state budget
Constitutional Amendment to prohibit raids on the Transportation Fund
o Bill being circulated by Rep. Petrowski
Elimination of Registration Display Stickers
o Received correspondence from Milwaukee County Law enforcement Executives Association opposed
to this budget provision.
Briefing to Wisconsin Federal Delegation on Wisconsin Rail Application
o Reggie spoke to staff from Sen. Kohl, Sen. Johnson, and all state Congressional offices on the
Hiawatha plan to use FL funds
RS Permit Update
o DOT provided an update on the overweight spring thaw road restrictions
WHEDA
WHEDA Loans
PSG
o Beginning April1
5
\ WHEDA loans will remove recapture tax liability
o Will reimburse home buyers who sell their WHEDA-financed home that have to pay federal recapture
tax
Meeting with R.J. Pirlot, E.A. to Chairman Montgomery
o Discussed transition to PSG and initial agenda items for the commission
JOBS Hotline
1 call received
Health Care and Education Team
DHSUpdate
1. Secretary Smith will be calling Director Wymyslo (Ohio Health Department) to update each other
on healthcare policies being perfonned and introduced in each state. The call will take place on
Monday, April 4th at 4:00pm
2. Congresswomen Gwen Moore is requesting the US Department of Agriculture to investigate the
SNAP Program and the state's plan within the budget. There is concern with the aspects of income
maintenance and the extent in which privatization has occurred or will occur.
NGABid
1. All supp01t letters are in except one and will be electronically forwarded to Visit Milwaukee
2. Site visit dates are being arranged
Education
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Held our education roundtable today and had a productive discussion on reading, special education,
and school accountability. We will collect our notes and have a full update tomorrow morning.
,Justice and Local Governments Team
Intergovernmental Information:
NY legislature passes $132 billion budget, no new taxes. Wall Street Journal.
The budget limits Medicaid growth to 4%, mandates higher wages for home-health aides, and creates a new fund
to help hospitals pay for the costs of treating brain-damaged babies.
Public schools, which have spent almost all their federal stimulus dollars, will receive 6% less funding next school
year. School districts have warned that the cuts could force them to raise property taxes, which are already among
the highest in the nation.
Hundreds of teachers union members and other activists staged a rowdy protest inside the Capitol on Wednesday,
demanding more school aid and higher taxes on the wealthy.
Corrections:
Rep. Suder .. Introduces legislation to keep dangerous criminals behind bars
Local Governments:
.Milwaukee Journal Sentinel.. Lawmaker disputes Walker's school district savings
Pope-Roberts spokesman Tom McCarthy also said the governor's spreadsheet did not indicate any predictions of
declining enrollment, which he said would have to add up to the loss of 7,000 students statewide to support the
$55 million revenue reduction claimed by his office.
'We'd like to see what districts they're estimating those declines for," he said.
Janesville Gazette. Will Janesville School Board tap reserves?
JANESVILLE- The Janesville School District's 2011-12 budget will be about $13.4 million short, according to the
most current estimate.
The school board needs to plug that hole, and one way is to cut the budget. Cuts on the table include about 106 of
the district's 822 teaching positions.
La Crosse Tribune. Trempealeau County workers in contract limbo
Last month, county officials backed out of the meeting after Gov. Scott Walker introduced the budget repair bill,
and have yet to agree to on a date to start the mediation process. The recently signed bill- now in a limbo of its
own at a Dane County Courthouse- would allow the county to reset the contract terms without the state
intervening, said Rob Wayss, a staff representative for AFSCME.
Sheboygan Press. Plymouth council approves union contract.
City Services Director Brian Yerges said the deal will save the city $74,000 a year by requiring the 21 union
employees at Plymouth Utilities to begin paying 5.8 percent of their pension costs.
The contract was modeled after a similar deal reached earlier this month with the city's 10 public works employees.
Together the new contracts will save the city about $100,000 a year inpension costs, according to Verges.
The city also could save an additional $60,000 a year by requiring its 30 or so non-union employees to begin
contributing toward their pension costs.
None of the new labor contracts include increases to what employees pay for health insurance, but the city is self-
insured, and officials say the city's health plan is 25 percent cheaper than the state's.
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Veterans:
Racine Journal Times. Local Republican legislators issue statement on veterans home changes
Wisconsin Rer;Jorter. Leaving Friday, chief Ken Black defends Veterans agency
Black said the agency is trying to address those and other issues, including increasing marketing and submitting a
reorganization plan to ensure that the veterans homes operate more efficiently, respond to veterans' concerns and
address nursing shortages.
"What is really needed here, in our auditors' view, is really good management as well," State Auditor Janice Mueller
said.
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Downing, Karley - GOV
From: Murray, Ryan M - GOV
Sent: Tuesday, March 29, 2011 7:43 PM
To: Murray, Ryan M - GOV
Legislative Contacts
Met with Representative Kooyenga to talk about his thoughts on the budget proposal
Representative Kuglitsch's Office called with questions on Medicaid changes. Will be having Human
Services Team follow up.
Senator Lasee is interested in pursuing wind siting legislation.
Representative Knodl's office was interested in a list of mandates we're repealing
Senator Grothman wants to know how many state employees there are. Senator Grothman's Office also
reiterated there dislike for 4K
Representative Weininger's and Representative Mursau's Offices called and were concerned about pier
regulation.
A. Natural Resources
Committee Hearing
Jt. Audit Committee Hearing
Joint Committee on Finance
A. Labor and Workforce
Development Hearing
3/30/2011
3/30/2011
3/30/2011
3/30/2011
9:30 GAR
10:00 411 s
10:00 412 E
10:00 300 NE
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AB 24- privileges under Class A or Class B B
hunting license
AB 35- culling of bass in fishing tournaments
AB 43- removal of abandoned dams
AB 48- info about land acquired with steward
funding
AB 23- disinfection of municipal water supplie
Wisconsin Veterans Homes
Agency Briefings from GAB, Corrections, DC
andWHEDA
Unemployment Insurance Fund Briefing
AB 41/ SB 23- preemption of city, village, tov,
county ordinances requiring employers to pre
employees with leave from employment to de
with family, medical, or health issues.
AB 65- residency requirements for police anc
Commerce
Manufactured Housing Rehabilitation and Recycling Program
o The appropriation for deposit of the fees relating to the program has been added to the Errata
International Commerce
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o Met with Mary Regel at Commerce to discuss upcoming international visits or receiving foreign
dignitaries in Wisconsin
o Confirmed visits with Dorothy Moore
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Venture Capital
o Draft released from Budget Office to Governor's Office
o Discussed concept with Commerce's angel investment tax credit and former CAPCO staff
Tourism
JFC Testimony
o Secretary Klett did an excellent job in her testimony today
Hiawatha Rail Service
o WisDOT to apply for federal funding for Hiawatha
190/39 Interchange in the Town of Beloit
o Received request from Rep. Loudenbeck
o Spoke to Reggie Newson to find out what DOT is planning to do regarding this issue
o Communicated DOT's position to Rep. Loudenbeck
State Trails Council
Proposed legislation
o Met with members of the State Trails Council about some legislation they want passed.
o Important item is an expansion of the council by two members.
o They are meeting with Sec. Stepp to discuss this next week
Phosphorus and Stormwater
o DNR submitted changes for these to the Budget Office.
JCRAR
o DNR testified to the committee about two NR rules.
o DNR testified that NR 404.04(3) is unnecessary and that NR 411
SB 19 (Disinfection of Municipal Water Supplies)
WHEDA
o DNR is supportive of a bill that rescinds a requirement on municipalities to continuously disinfect
water supplies.
o Made the stipulation that it be amended to address how to deal with an emergency.
WHEDA Modernization Bill
o Under the current legislative suggestions from WHEDA, the Wisconsin Bankers Association has
concerns with two of the provisions
Wind Siting Rule
o JCRAR voted 5-3 to pass the bill that would require the PSC to formulate a new rule on wind siting
o Once the bill is passed, the PSC will have 6 months to create the new rule
JOBS Hotline
3 calls received
Human Services and Education Team
Health Care
DHS: Very low levels of isotopes that match the Japanese reactor have been found in Wisconsin. There is no
public health threat as the radioactive isotopes are at extremely low levels.
Meeting with Interfaith Coalition for Worker Justice/Madison Urban Ministries: Our team met with over 30
religious leaders on the budget and budget repair bill. They were deeply concerned with the education cuts in the
budget, the elimination of collective bargaining, and felt that the cuts could not be offset by the budget repair tools.
They advocated for tax increases and suggested taxing corporations more to ensure that the most vulnerable are
receiving education, health, food, and proper housing. They would like to meet regularly with our office and hope to
have a meeting with the Governor.
Meeting with Terry Howard (First Phoenix Group): Discussion regarding Medicaid funding for assisted living
centers vs. nursing homes. Advocated for a study to evaluate the number of high functioning individuals in nursing
homes that are better suited for a CBRF setting .
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Education
Met with UW-Baraboo and UW-Extension on the budget bill. All advocated for keeping UW-Madison a part of
System while giving an Authority model to the entire System.
The School Choice Demonstration Project will be releasing its latest findings from its study of the MPCP
tomorrow at UW-Madison. While the evidence will not be definitive either way, it will be better news for MPCP than
stories in today's WI State Journal and Milwaukee Journal Sentinel. Among the findings to be released tomorrow
are that the MPCP program saves taxpayer dollars while achieving similar results to MPS on test scores but higher
graduation rates.
Met with representatives from the Value Added Research Center. They are willing to help us craft the new WI
Student Information System and have already been working with DPI. In years past they had concerns about
DPI's willingness to move forward on data and accountability issues, but they are very excited that Kurt Kiefer has
taken a leadership role on the issue.
We expect the new Reading Forward Taskforce to be announced tomorrow.
Unemployment News
Michigan Gov. Rick Snyder signs bill to cut unemployment benefits in 2012: (Detroit Free Press)
hl!Q://www. freep. com/article/20 11 0329/N EWS06/1 03290431/Michigan-governor -Rick-Snyder -signs-bill-cu !-
unemployment -benefits-2012
Education News
Teachers' union sues Middleton-Cross Plains school district (Wisconsin State Journal)
The union representing teachers in the Middleton-Cross Plains School District sued the district Monday over their
collective bargaining negotiations.
According to the complaint filed in Dane County Circuit Court, the union said the district "bargained in bad faith"
and proposed non-negotiable contract changes including removal of just cause for discipline and discharge, total
district discretion of work hours, elimination of seniority protections, elimination of fair share union dues,
modifications/freezes on salary schedules and elimination of compensatory time off.
-
Choice schools not outperforming MPS (Milwaukee Journal Sentinell
Students in Milwaukee's school choice program performed worse than or about the same as students in Milwaukee
Public Schools in math and reading on the latest statewide test, according to results released Tuesday that
provided the first apples-to-apples achievement comparison between public and individual voucher schools.
Justice and Local Governments Team
Local Governments:
Wisconsin State Journal. Editorial: What cuts? Madison schools OK
Alarmists in Madison suggest Gov. Scott Walker's state budget proposal will decimate public education.
But Superintendent Dan Nerad's proposed 2011-2012 budget for Madison School District tells a different story.
Under Nerad's plan, unveiled late last week, the Madison district would:
Launch a new 4-year-old kindergarten program in the fall.
Open a charter middle school on the South Side focusing on urban agriculture.
Avoid any teacher layoffs.
Continue to offer free health insurance to employees who select the tess-expensive plan.
Give teachers small raises based on years of experience and advanced degrees.
Maintain overall spending.
Shawano Leader. Bonduel extends teacher contracts
The BEA and board exchanged several proposals before the board issued its Final Memorandum of
Understanding on Wednesday. Concessions from the teachers will save the district at least $400,000, according
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the most recently available projections, and could potentially reduce the number of teacher layoffs as the district
deals with significant losses in state aid.
Under the new contract, teachers will pay 12 percent toward their health and dental insurance premiums. They
previously paid 3 percent.
Faced with so many budget uncettainties, the district, like others across the state, earlier this month issued layoff
notices to 16 teachers. Some of those teachers could be recalled, depending on final state aid totals, but it is
unknown when those figures will be finalized.
Door County Advocate. Sturgeon Bay teachers accept new contract
Superintendent Joe Stutting estimated during Tuesday's meeting that the concessions resulted in an annual
savings of about $586,000 to the district, or $1. 172 million over the two years of the contract.
The agreement extends the school day from 7. 5 hours to eight hours and adds three teacher days to the calendar
for a total of 190 days. Originally, the steps in the district salary schedule were increased by 1. 6 percent to reflect
the additional work days, but that was withdrawn in the board's final offer.
Teachers will continue to receive additional compensation each year as they gain another year of experience and
move up the steps. The increases also average about 1. 6 percent.
Wisconsin Rapids Tribune. Schools advocate to maintain funding levels for clubs, sports
The Wisconsin Rapids School District, which operates on an annual budget of about $60 million, is slated to spend
$780, 700 on costs related to spotts, music and club programs this school year, according to district figures
obtained through a Daily Tribune open records request.
More than $575,000 of the total budgeted amount for co-curriculars will cover coaches' salaries and benefits, while
the remainder of the expenditures involve costs related to providing officials at events, transpottation for teams and
supply and equipment purchases.
With the school district facing a 2011-12 budget shottfall of about $6 million-- $2.85 million of the deficit already
has been settled through planned reductions -- Athletic Director Bill Vickroy said he has heard from some residents
who say spotts should be on the chopping block. He disagrees.
Portage paily Register. No new labor agreement between city, Teamsters
The Teamsters would be the only city employee union that would be affected by the budget repair bill. The unions
that represent police and fire depattment workers are exempt from the bill. The other city employee union, which
represents dispatch workers, received a one-year extension of their previous agreement earlier this month.
Wisconsin Dells Events. Dells faces budget cuts
The City of Wisconsin Dells expects some budgetary problems under Gov. Scott Walker's proposed state biennial
budget including having to make cuts in services.
City Clerk Treasurer Dale Darling in a memo to the council's finance committee Monday said that under Walker's
budget the city can expect reductions in shared revenue, transpottation aids and a recycling grant. It expects to
lose $45,599 in shared revenue and $48,379 in transpottation aid and about $10,000 it receives each year as a
recycling grant, Darling estimated.
Wisconsin State Journal. Teachers' union sues Middleton-Cross Plains school district
According to the complaint filed in Dane County Circuit Coutt, the union said the district "bargained in bad faith"
and proposed non-negotiable contract changes including removal of just cause for discipline and discharge, total
district discretion of work hours, elimination of seniority protections, elimination of fair share union dues,
modifications/freezes on salary schedules and elimination of compensatory time off.
Wausau DailY Herald. 12 Merrill teachers recalled from layoffs
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MERRILL -- The Merrill School Board recalled 12 teachers from layoff status at its meeting Monday night, and
decided it won't close schools or slash elective programs to balance next year's budget.
The School Board had put 35 teachers on layoff status the first week of March to deal with an estimated $2 million
budget shortfall.
However, in the second week of March, the district ratified contract extensions with its three unions, including the
Merrill Teachers Association. Union employees agreed to a wage freeze for next school year, to contribute to their
retirement packages and to increase their contributions to health care coverage.
Oshkosh Northwestern. Green Lake School District OKs two-year contract extension
Those concessions will save the district about $1.3 million and allowed the School Board to recall the dozen
teachers. Maple Grove and Pine River elementary schools also will remain open and no middle and high school
programs-- technical education and business and family and consumer education, for example-- will be cut.
Under the deal, teachers will contribute 10 percent to the cost of health insurance compared to 4 percent under the
old agreement. The district will also seek bids to reduce the cost of the health plan. A newly formed insurance
committee made up of two school board members, two GLEA members at the district's accounts manager will
review bids on health insurance and make a recommendation to the board.
Teachers will also be responsible for half of the contribution to their pension plans, saving the district between
$250,000 and $350,000, according to a news release issued by the school Monday.
Sheboygan Press. Plymouth nears deal with union
The deal, which goes before the Common Council tonight, would save the city $74,000 a year by requiring the 21
union employees at Plymouth Utilities to begin paying 5. 8 percent of their pension costs.
City Services Director Brian Verges said the deal mirrors a new two-year contract reached earlier this month with
the city's 10 public works employees.
Together, the new union pacts would save the city about $100,000 a year in pension costs, according to Verges.
The city could also save an additional $60,000 if the city's 30 or so non-union employees begin contributing toward
their pension costs.
Manitowoc Herald Times ReRorter. Layoff notices to Teamsters rescinded
He said the 2011 budget revenue shortfall of nearly $1 million may not be totally covered unless there are possible
concessions by Teamsters workers.
Their "side agreement" saved the city $450,000, Nickels said, and came with an agreement by city leaders that
there would be no layoffs or reduction in the normal work week through Dec. 31.
'Nonreps' furloughs axed
The council also rescinded 10 furlough days for nonrepresented employees.
However, in addition to having their pay frozen for 2011 by the council in October, they now will have to contribute
their half of the state pension system contribution and pay 12 percent of their health insurance premiums, up from
10percent.
Nickels has estimated the benefits changes in the governor's budget repair plan would save the city the majority of
the budget shortfall and help avoid or significantly reduce the number of layoffs.
A fiscal document released by the governor's office stated the city of Manitowoc's shared revenue would be cut by
$802,000, but imposed pension and insurance changes would result in a net savings of $872,000.
Veterans:
Wisconsin ReRorter. Problems at veteran's agency outlast chiefs resignation. Milwaukee Journal Sentinel.
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The department has been rocked by unflattering audits showing mismanagement of the state's veterans homes as
well as lawsuits and official complaints filed by former employees who say they were unfairly demoted or fired
under Black's tenure.
Military Order of the Purple Order. Tuition remission for combat wounded disabled veterans and families of
KIA continues
The lives of the dependent spouses and children of our men and women who made the ultimate sacrifice will never
be the same. By continuing this program in his 2011-13 proposed budget, Governor Walker has helped avoid an
additional un-needed stress being placed upon these families.
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Sent: Tuesday, March 08, 2011 6:47 PM
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Representative Stone inquired about dogs and research labs in the budget
Senator Vukmir's office inquired about school and municipality relief
Representative Kooyenga inquired about the GAAP Accounting Deficit and a constitutional
amendment
Representative Loudenbeck inquired about the expired development opportunity zones in the
budget.
Committee Actions
Secretary Gottlieb was confirmed by the Senate Committee on Transportation and Elections 3-0.
AB 38- creating retail TIF district in Brookfield was passed out of Assembly Committee on Jobs,
Economy, and Small Business 14-1 (Krusick)
AB 8- filing of cetiain forms for Milwaukee TIF district was passed out of the Assembly
Committee on Ways and Means 11-0
Senate Session
Secretary Gottlieb was confirmed by the Senate; 19-0
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Assembly Session
SJR 3- commending the Whitewater football team concutTed in
SJR 13- naming Bob Uecker Day concurred in
SJR 7- commending UW- Madison football team concurred in
AB 4- repeal of auto insurance passed 61-34 (Dem support from Danou, Fields, Molepske,
Radcliffe)
SB 21- creation of a retail TIF in Brookfield concurred in
SB 11- filing of certain fonns for Milwaukee TIF concurred in
DATCP
ATCP Board Meeting
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o The majority of the time was spent on public appearances, all nine spoke in favor of the
PACE program.
o The board requested that the Secretary notify those who testified how they should pursue
their agenda of supporting working lands-via AB 34 and SB 24.
o The Secretaty gave the Board an update of the state and federal budgets.
DBA
o DBA President Jeny Meissner sent in a letter of suppmt to the Governor
Legislation regarding Abolishing RTA's (authors: Nass/Grothman)
o Communicated the governor's office position on RTA's to DOT
o DOT will not register a position on legislation
Hiawatha Line
o MMAC supports upgrades to train line
o Communicated the Governor's support for the Hiawatha line to Reggie Newson
o Told Reggie Newson that DOT should seek federal funds to help fund train line
General Transportation Aids and Transit Funding
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o DOT put talking points together to brief the following stakeholders regarding GT A and
Transit funds: WI Towns Assoc., League ofWI Munic., WI Counties Assoc., WI County
Highway Assoc.
American Council of Engineering Companies
o Secretary Gottlieb to address the group tommrow
Venture Capital
Fund-of-Funds
o Researched and repmted info on three fund-of-funds models (Utah F-o-F, Albe1ta
Enterprise- Alberta, Teralys Capital- Quebec)
D Block Issue
o Spoke to Tom Fonfara, and he sent me the groups who are in support and against the
commercial auction ofD Block
JOBS Hotline
1 call received today, forwarded to Commerce
Education and Health Care Policy Team
Health Care
Office of Free Market Health Care: Met with OCI and DHS on the formation of the health care
exchange.
Secretary Smith will be holding a department "Town Hall Meeting" tomorrow, Wednesday,
March 9th from 1-Spm.
1. The purpose is to collect thoughts on cost savings, efficiencies, and overall operational
improvements on DHS programs
a. Will forward ideas to the Governor's Waste, Fraud, and Abuse Commission
2. Discussions will be had on BadgerCare Plus; FamilyCare, Long Term Care, and IRIS;
SeniorCare; State Facilities and Dept Admin
Met with DCF, DWD, and our legal staff on the elimination of the day care provider collective
bargaining provision to ensure that we're taking the proper actions to reduce the likelihood of a
lawsuit. The consensus is to have the Governor issue an Executive Order repealing Doyle's EO
172 when the budget repair bill passes. DCF is required to issue a letter on the matter as well.
Education
DPI will have a Request for Information (RFI) for the Wisconsin Student Information System for
our review by early to mid April. They noted that there is not language in the budget requiring
districts to implement this system. **This must be required of districts or the system may not
prove wmthwhile.**
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Health Care News
Report finds room for improvement in licensing kinship foster parents (Milwaukee Journal
Sentinel)
Walker's elimination of family planning funds could jeopardize federal dollars, close clinics (The
Capitol Times)
Education News
With Governor Walker's Proposal, Wisconsin Once Again Leads the Nation in Education
Reform (Heritage Foundation)
In 1990, Wisconsin set an education reform example for the nation with the passage of the
Milwaukee Parental Choice Program (MPCP). Twenty years later, Governor Scott Walker (R)
has identified the obstacle that keeps more children in his state and across the nation from
similarly benefiting from parental choice in education: union collective bargaining power
protecting their interests rather than the needs of children.
Fenty bacls Gov. Scott Walker in Wise. union fight (Washington Post)
Wisconsin Gov. Scott Walker this morning got some rare Democratic support for his high-
profile push to eliminate most state workers' collective barganing rights-- from former D.C.
Mayor Adrian M. Fenty ....
When discussion turned to Walker's anti-union push, Fenty jumped right in. "This is kind of
what I faced in four years as mayor," Fenty told hosts Mike Barnicle and Mika Brzezinski.
Voucher numbers might not soar initially (Milwaukee Journal Sentinel)
For Milwaukee Public Schools officials, envisioning a potential cut of more than $74 million in
next school year's budget is troubling. But picturing what that cut means alongside the potential
expansion of a main district competitor- private schools that attract publicly funded Milwaukee
students - adds another level of concem.
Local Govemments:
Andrew Pederson called from the Village of Bayside concemed about levy limits and debt. I
informed him that there are no limitations on debt or the ability to levy to pay it back. I also had
a good conversation and he may provide more infotmation for the Waste, Fraud and Abuse
Commission to review.
James Tipple of Wausau sent a letter opposed to the collective bargaining being in the budget
repmr. A letter response has been drafted and is in approval.
Justice:
Racine Journal Times. More people qualifY for public defenders under budget
The budget includes a measure that, for the first time since 1987, raises the income limit to qualifY for a
public defender. State Public Defender's Office estimates say their case load could increase by 13,000.
To help handle that iriflux, the governor provided ftmds to boost their staffing levels.
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Waste, Fraud and Abuse Commission:
The next hearing of the WFA Commission is set for Friday at lOam at DO A. Craig is excited to
get moving and even coming to Madison a day early to meet with Cindy Archer and Jan Mueller
of the Audit Bureau.
Corrections:
Wausau Daily Herald. Lincoln Hills expansion good for state
Amid lots of bad news for local municipalities, school boards and state emplovees, Gov. Scott Walker's
budget proposal last week contained at least one piece of great news for Lincoln County: Lincoln Hills
School not only will remain open, but it will expand.
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From: Yahn, Nate- GOV
Sent: Wednesday, March 09, 2011 4:24PM
To: Culotta, Jason - DOA
Subject: Policy/Legislative email update 3/9
See below for an update on today's events:
Economic Development Team
DOT
-
Federal Transit Funding
o Received a letter from the Amalgamated Transit Union to John Lund, Office of Labor-Management
Standards, U.S. Dept. of Labor
o Regarding concerns on the collective bargaining provision in the Budget Repair Bill
o Cites court decision in 1982 between Jackson Transit Authority and local union
o ATU is claiming that the local union (in this case, in Wausau) reserves the right seek any
"appropriate remedy" or relief, to withdrawal from certification and the denial of any further funding to
Wausau
Hwy 23 Detour in Princeton
o DOT changed detour route, as a result of a business and community effort making the case that a
particular business and its community residents would be extremely affected by the previously
planned detour
ReaiiD
o Federal compliance certification date has been changed to January 2013
Commerce
Centergy- Central Wisconsin Alliance for Economic Development
o Group came to the Capitol to hear remarks from Ryan Murray on the budget repair bill, the budget,
and overall economic development issues in WI
Nate Yahn
Policy Assistant for Economic Development
of
Q/')/')fl11
Page 1 of3
Sent: Friday, March 04, 2011 7:22 PM
To: Gilkes, Keith - GOV; Schutt, Eric- GOV; Huebsch, Mike- DOA; Archer, Cynthia- DOA; Jensen,
Jodi- DOA
Cc: Hagedorn, Brian K- GOV; Schrimpf, Chris- GOV; Werwie, Cullen J - GOV; Eberle, Ed - L TGOV;
Matejov, Scott- GOV; Hurlburt, Waylon- GOV; Lied\, Kimberly - GOV; Culotta, Jason - DOA
Legislators' Office Contacts
Representative Petryk's staff contacted us regarding education changes in the budget The Representative
was meeting with his local school boards to discuss the budget provisions.
Senator Galloway's office inquired about BadgeCare
Representative Loudenbeck inquired about the amount of hits to her school and communities
Rep. Pridemore's office inquired about the civil service system
Rep. Tranel is concerned about how many people in his district will be laid off
Rep. Kramer's office inquired about the dogs being moved shelters to research labs in the budget
DATCP
Received a letter from the USDA Sec. regarding the 2008 Farm Bill.
Includes definition of "disaster county" and outlines requirements to attain declarations from the USDA
Secretary (rather than the President).
DATCP has this information.
DNR
Working with DNR on response to City of Chippewa Falls regarding silica particulates.
The City asked for a circumvention of normal procedures for what they saw as a pressing matter.
o DNR is currently conducting a silica study, will continue as per normal procedure.
PSC
Broadband Service
DOT
o Maine Governor LePage wrote a letter to the FCC in support of the commercial allocation of 700
MHz D Block of broadband service, instead of allocation straight to public safety
o Dan Leary ofT-Mobile would like to Governor Walker to write a letter to the FCC in support as well
Eminent Domain
o Governor's Office met with Reggie from DOT and ATC rep to discuss their eminent domain proposal
l&.
1
.1(,W,6,liVY ,,trial attorneys are gaming the system and collecting immensely high attorney fees, which
affect the rate payers of the utilities, DOT (taxpayers) and local municipalities
Q/')l'ln11
o DOT Proposal: Change statutes to ensure good faith negotiations by governmental entities and
property owners during real estate acquisition for highway and infrastructure projects and to reduce
litigation costs during negotiations and mitigate disputes over fair market value
''would like to place a cap on how much the trial attorneys can recoup in attorney fees {last
s e s , ~ i o n , cap proposal from Gov. Doyle was $5,000, but JFC removed at Gary Sherman's
Page 2 of3
request)
ATC would like to place this in the state budget as part of the JFC process
Commerce
DOT EA Reggie Newson, Commerce EA Dave Volz, and Jason met with some Verona- and Shanghai-
based Chinese business leader
They would like to help arrange a trip by the Govenor to China to promote economic ties
As a first step, they would like the Governor to meet with General Counsel from the Consulate in Chicago,
who will be visiting Madison in April
Commerce is working on scheduling this with Dorothy
An international company is looking to locate to Waukesha County and bring 120 good-paying jobs
o Alerted Dave Volz and he will contact '
The Town of Brookfield TIF (proposed Von Maur department store) is being opposed by the owners of
Brookfield Square, a national firm called CBL
CBL contests the need for this leigslation and says the develops are poaching existing retail clients from
Brookfield Square for this new development
The vice chair and CFO of CBL, Michael Lebovitz, is willing to fly here from Chattanooga to meet with
the Governor and discuss this further
Health Care
Sand Ridge Secure Treatment Center Tour: Visited units for Ch. 980 persons committed under Wisconsin's
sexually violent persons law.
Attendees: Secretary Smith, Deputy Secretary Rhoades, EA Kevin Moore, Kimber & Becky
1. Staff pleased with the funding level in the budget.
2. The facility is nationally renowned for treatment associated with their patients. They frequently receive
requests from other states to tour their facility and contract out doctors and specialists to discuss the
treatment programs they utilize.
3. The program consists of several phases with multi-disciplinary achievements. The length of time in
treatment is dependent upon the success of program completion and by the patient's mastery of self-
management skills.
DCF is terminating its contract with Controltec, which was hired by the past administration to develop and
implement the finger scanning system for children in WI Shares. Our DCF team has found that the technology
isn't available for small children under 4 years old, since their fingerprints change over time due to growth.
Controltec had a Feb 1st due date which they haven't met. DCF plans to stop wasting money on the contract and
pursue other (realistic) options to eliminate WI Shares fraud.
Education
Met with Mike Thomas who represents School Specialty, Inc. His group believes it can help districts save
significant amounts of money through efficiencies outside of the classroom and without additional impact on pay
and benefits. One way they feel they can save is to consolidate services statewide {like we are doing with the
Student Information System). They consider transportation and food service to be especially good targets.
-
Newsworthy Information
Politifact: The Maciver Institute says average annual salary and benefits for Milwaukee Public Schools
teachers tops $100,000 (TRUE)
The conservative think tank said the average annual compensation for a Milwaukee Public Schools teacher would
nfn./,.,A11
Page 3 of3
exceed $1 00,000 in 2011. As of July 1, 2011, according to the school district, that figure will be $101,091.
Maciver's claim is true due to the double pensions that the teachers receive.
Local Governments:
Green Bay Press Gazette .. Green Bay City Council committee declines to support public employee unions
The City Council's Advisory Committee voted 4-2 against the resolution, which stated that the city "stands in
solidarity with the hard-working men and women of the public sector."
Milwaukee Journal Sentinel. Ozaukee County Board backs Walker repair
The board approved the resolution Wednesday on a 21-5 vote, with three supervisors abstaining. Two
supervisors were absent.
Milwaukee Journal Sentinel. Waukesha County Board to vote on resolution backing repair bill
According to the proposed Waukesha County resolution, Waukesha County's employee benefits are rising at a
five-year average of 4.1% per year and represent 30.2% of personnel costs in the 2011 budget.
Hutton's resolution calls for support of Walker's bill and urges state representatives t() pass it "so that employees'
benefits will no longer be a mandates subject of collective bargaining."
Janesville Gazette. Reopening contract would put members at risk, leader says
One of the Janesville School District's employee unions is saying, "JIJQ," to the school board's invitation to reopen
its contract.
AFSCME Local 938 will not reopen because that would put members at risk, said Ed Sadlowski, field
representative for AFSCME Council 40.
Janesville Gazette. Edgerton, Milton teachers want to talk
Gallup said the union plans to offer concessions in benefits, including savings in health insurance of up $3,000
per teacher. The union now has health care coverage under the WEA Trust.
Justice:
I spoke to Chief Kevin Wilkinson of the Neenah Police Department and he said the Chiefs are concerned
that the budget repair exempts covered police and fire but not those nonunion employees. He would like
to see both exempt from paying into the pension or health insurance
0/f'l/"'"1 "1
Page 1 of3
Sent: Monday, March 07, 2011 6:49 PM
To: Gilkes, Keith- GOV; Schutt, Eric- GOV; Huebsch, Mike - DOA; Archer, Cynthia - DOA; Jensen,
Jodi- DOA
Cc: Hagedorn, Brian K- GOV; Schrimpf, Chris- GOY; \Nerwie, Cullen J - GOV; Eberle, Ed- L TGOV;
Matejov, Scott- GOV; Hurlburt, Waylon - GOV; Liedl, Kimberly- GOV; Culotta, Jason- DOA;
Polzin, Cindy M - GOV
l&gislative Affairs Team
Contact with Legislative Offices
Representative Jim Ott's office plans to move forward Vlith a bill to repeal wind siting legislation
from last session.
Representative Loudenbeck's office called concerning the possibility in Medicaid payment delays
if the budget repair bill does not pass soon
Representative Murtha's office called concerning :family planning cuts
Representative Weininger called with questions concerning how the parole system works
Tomorrow's Senate Session
SR 4-SR 17: imposing penalties and costs on Dem Senators for being absent without leave
Tomorrow's Assembly Session
SB 7- auto insurance repeal (final passage)
SS AB 8- mles bill (final passage)
SJR 3- commending the UW-Whitewater football tea:m
SJR 13- naming Bob Uecker Day
Tomorrow's Committee Meetings
Secretary Gottlieb will have a public hearing and exec on his confirmation in the Senate
Committee on Transportation and Elections
AB 38- creation of retail TIF district in Brookfield will have an exec in the Assembly Committee
on Jobs, Economy and Small Business
AB 8- delayed filing of certain forms in Milwaukee TIF will have an exec in the Assembly
Committee on Ways and Means
DNR
EPA recommendations
Q/')/'1(\11
o DNR is putting together a list of EPA regulations that place a burden on entities within WI
o EPA requested this information in order to avoid needless burdens that stunt economic
growth
Page 2 of3
DOT
Transportation Legislative Proposals
o Meeting with Rep. Petrowski's office on Wednesday to go over the proposals he would like
to introduce on the Assembly Committee on Transportation
o Waiting to hear back from Sen. Lazich's office regarding her interests on what proposals to
introduce during committee
RTA's Sales Tax Authority
Tourism
o Meeting on Tuesday with Greg Hubbard of Hertz to go over the tax referendum language
regarding SERTA's authority on the sales tax
Wisconsin Governor's Conference on Tourism (3/6-3/8)
o Governor Walker gave opening address today kicking off the conference sharing his vision
for the state's tourism industry
o Spoke to Secretary Klett, who said the conference is going very well and the enthusiasm of
the attendees is very high
JOBS Hotline
1 call received today, however individual did not leave contact info
Education and Health Care Policy Team
NGA Update
With recent discussions of health care and Medicaid implementation, the NGA (Governors Gregoire
and Heineman) have formed the NGA Medicaid Task Force.
Members of the task force will include: NGA Executive Committee members, HHS Committee
Chair and Vice-Chair.
The taskforce will prioritize and refine a list of potential program changes to be proposed to the
Obama administration and Congress.
Education
Glenn Grothman is upset with the funding levels for low spending school districts in the budget bill.
He thinks that they should be penalized less since they have less money that they can recoup to cover the
cuts. He is threatening to not support the budget bill if this isn't changed.
March 31st education conference with the George W Bush Institute: We are finalizing the list of
participants and agenda for the day-long conference. We will brief you on the final details soon.
News
Keep, tweak child care ratings (Wisconsin State Journal)
"As the state budget debate proceeds, Walker should keep an open mind on ways to roll out Y oungStar
with greater incentives for improvement."
Local Govermnents:
140 teacher retirement requests anproved
0/"l/')f\11
Page 3 of3
"GREEN BAY- The Green Bay School Board has approved a large number of retirement requests from
teachers and administrators.
With the future of the state budget uncertain, 140 teachers and 15 administrators asked to join the
emeritus program. That works out to about 1 out of every 12 teachers in the district.
The emeritus program gives one tull year's salarv paid over three years. That is in addition to pension
benefits. In return, the retiree provides 10 daY of service to the district each year during that time. The
emeritus program is something that has been negotiated into the teachers' contract through collective
bargaining.
Last year 26 teachers and staff members applied for the program.
Several other area school districts (many who do not have the emeritus program) have reported rises in
retirement filings as well. "
An average teacher's salary at Green Bay is $51,355. If this is the teachers salaty at retirement, that puts
the cost of this emeritus program at $1,711.83 per day of work. However, the salaty used to calculate
this benefit is the highest salary the teacher ever earned. This would make the per day cost likely much
higher.
In Madison, they have an emeritus progratn in which the teachers don't have to work at all to qualify
for the benefit. The Madison teachers get 19 percent of their highest salary for three years after
retirement. At the Madison average teacher salary of $52,022, this would equate to a monthly payment
of $823.68 for no days of service at all to the district.
Essentially, you get paid almost one thousand a month for tlnee years for nothing. This amount is likely
conservative because retired teacher salaries are likely higher than the average salmy.
The Milwaukee teachers union has a second pension above and beyond the WRS that cost the
district $16.6 million in FY11. This pension is 4.2% of salary.
Justice:
Tami Jackson ofOJA want the acting director, Darcey Varese to be nmned 1033 Federal
Property Progrmn and the IT contact for the state. I have DOA reviewing these requests.
Waste, Fraud and Abuse Commission:
We have scheduled the next WF A commission meeting for this Friday at 1 Oatn. We will have a
presentation by DOA similar to the presentation at the Governor's retreat. Also, public
comments submitted via the Governor's website will be distributed to the commission members.
Q/')/')(111
Page 1 of 4
Sent: Wednesday, March 02, 2011 7:10PM
Jodi- DOA
Cc: Eberle, Ed- L TGOV; Hagedorn, Brian K- GOV; Matejov, Scott- GOV; Schrimpf, Chris- GOV;
Werwie, Cullen J - GOV; Hurlburt, Waylon - GOV; Polzin, Cindy M - GOV; Liedl, Kimberly - GOV;
Culotta, Jason - DOA
Legislative Team
Rep. Tiffany staff inquired about revenue limits in proposed budget
Rep. Marklein staff inquired about school choice changes in budget
Rep. Kramer staff inquired about changes to 4K in budget
Rep. Molepske inquired about potential incentives for Joerns Health Care to stay in Stevens Point
Rep. Knudson inquired about the reasoning for including meat inspectors in the budget- will be setting up
a mtg for him and DATCP
Committee Actions
SB 23- preemption of ordinances concerning employees health, medical, or family leave passed the
Senate Committee
AB 2- creation of 4 rural enterprise zones was passed out of the Assembly Committee on Rural
Development
Senate Session
Secretary Klett was confirmed by the Senate 19-0
Secretary Stepp was confirmed by the Senate 19-0
SJR 3- creates rule fining legislators absent from session $100 was passed 19-0
AB 38- creation of a Tl D in Brookfield will be heard by the Assembly Committee on Jobs.
Tomorrow's Senate Session
SB 4- creation of 4 rural enterprise zones
Confirmation of Secretary Perez
SB 23- preemption of ordinances concerning employees health, medical, or family leave
AJR 5- commending Reince Priebus on his election as chairman of the RNC
Commerce
Planning for the WEDC is moving ahead
Q/')/')()11
o Ryan and Jason met with Mike Klonsinski and Dave Volz
o They are still looking for a list of potential nominees to the WEDC Board
o The WEDC will coordinate with the regional economic development groups with:
Coordinating branding among all 7 regions
Page 2 of4
Developing a common computer/IT system among the regions and the WEDC so information
can be shared rapidly
Establishing a consistent set of core capabilities among the regions
o Five divisions are planned for the new Corporation
Business Development
Industry Development (clusters)
Marketing Research
Business Climate (identifying barriers to economic growth)
Administration
A state Economic Development Council meets monthly comprised of DWD, DOR, and Commerce
o Economic information is shared among the agencies at an early stage
o The Governor's office will be invited to the next meeting
DNR
Submitted information on Great Lakes watershed restoration funding by WI agencies to OMB.
o DNR, DATCP and DOA-CMP all contributed
o Great Lake states provide this information once a year.
o Currently, DNR is trying to work with other states to gather more useful data.
PSG
Chris LaRowe of WSTA called about the library aid provision in the budget
o WSTA would like to see the Universal Service Fund SEG support of library aids replaced with other
funding
o The budget cuts library aids by 10%, but does not reduce the USF fee by a corresponding amount
JCRAR's repeal of the PSC wind siting rule
o Speaking with Sen. Vukmir's office, the committee intends to introduce legislation to guarantee
repeal of the rule
o The committee's intention is for PSG to re-write the rule and re-submit it to the Legislature
Health Care
Mendota Mental Health Institution Tour: Visited units such as the Adult Program, Forensic Program, Juvenile
Treatment Center, and Civil Treatment
Attendees: Secretary Smith, Deputy Secretary Rhoades, EA Kevin Moore, Kimber & Becky
1. Staff are pleased with the funding increase in the budget
2. The Juvenile Treatment Center has been in operation for 15 years, utilizing proven treatment methods that
are nationally recognized for their rehabilitation success. Most boys come from backgrounds with broken
homes, abuse, and little family/church/school support. Leads to the question of whether different strategies
should be pursued with foster care, teen sexual education/teen birth rate reductions, child and family
mentoring, and basic family suppOit agendas.
Weekly Meeting with Kevin Moore (DRS)
1. Secretary Smith and Deputy Secretary Rhoades will hold town hall meetings throughout WI on DRS
changes in the budget in mid-March
a. Planned stops will include Madison, Milwaukee, Green Bay, Eau Claire, La Crosse, and Wausau
2. **There is an ongoing investigation regarding possible fraud in the MiLES program linked to Food Share.
There could be a possible link to someone within DRS.**
3. Enrollment has increased in state healthcare programs for the month ofFebruary.
Education
0{'"'/1")(\11
Page 3 of 4
Met with Mai"k Levine (Wisconsin Association of Student Financial Aid Administmtoi"s)
o Would like to see financial aid follow students rather than being distributed as a block grant to each
campus
o Wants our HEAB appointee to be someone with financial aid experience
Sen. Olsen will be offering an amendment to Sen. Darling's chmter school bill that would, among other things,
allow districts to run chmter schools in lieu of- rather than in addition to- its traditional public schools.
News
Budget cuts $834 million fmm schools (Milwmtkee Journal Sentinel)
State and local funding for general Wisconsin public school operations would drop 5.5% in 2011-'12 while
Milwaukee's private-school voucher program could be poised for a massive expansion under Gov. Scott Walker's
budget proposal, one that slashes $834 million in state K-12 education spending over the next two years.
PI"oposed Budget Will Improve Educational Options, Raise Standards (Maciver Institute)
The state's K-12 reforms appear to have been influenced by Florida's sweeping changes from a decade earlier- a
buckshot approach that created significant improvements in the state. Items such as a reading initiative to ensure
that students can read before graduating to fourth grade, expansion of charter and virtual school legislation, and a
greater focus on school choice mirror some of the developments that reversed the downward trend of educational
achievement that Florida faced as the new millennium dawned.
,Justice and Local Governments Team
Legislative Contacts:
Senator Van Wanggaard wants to amend the budget to allow local communities of opting into the state
health insurance plan even if they are not in the WRS.
Local Governments:
Janesville Gazette. Editorial: Local contracts spell trouble with budget plan
Finally, an editorial board gets it.
The City of Wausau council member Sheri Abbotts called upset about transit aids. Our position was
relayed to her and also assured her that if the potential was out there we would address it at that time.
Stevens Point Journal. Almond-Bancroft teacher contracts settled
After nearly two years of negotiations, the School Board unanimously accepted the agreement. The contract
expires June 30,2011, and all payments and financial implications will be retroactive.
The 4 percent total pm;Kage increase is broken down into a 2.61 percent salary increase and a 1.39 percent
benefit increase retroactive for the 2009-10 year, District Administrator Dan Boxx said. In 2010-11, there is a 2.38
percent increase in salary and a 1. 62 percent increase in benefits.
The teacher base salary of $30,200 was increased to $30,800 for 2009-10, and then to $31,330 for 2010-11.
"We have had a traditionally low base salary, so now we were able to increase our base salary to be a little bit
competitive with surrounding school districts," he said.
There were no surprises in this contract, Boxx said, and he built his budgets assuming a 4 percent total package
increase for each year.
In return, the teachers agreed to pav 3 percent of the insurance premiums for the 2009-10 school year, and 6
percent for 2010-11. Before this agreement, the district paid 100 percent.
Racine Journal Times. City approves more union contracts in advance of budget bill
0 /')/f)(\ 11
Page4 of4
According to the approved 2011-2012 contracts, the four unions agreed to start paying the employee portion of
the pension contribution that the city currently pays, half of 11.6 percent of their payroll, beginning March 13.
However, offsetting that impact would be a 2.9 percent pay raise also effective March 13, which is the start date
proposed for employee's pension contributions under the bill.
Wausau Daily Herald. Mayor Tipple halts union negotiations
Tipple was out of town this week and unavailable for comment. But Joe Blair, president of the AFSCME Locals
1287 and 1287CH, said the two unions agreed to "major changes" in contracts regarding insurance payments,
pension and compensation. He declined to offer specifics about the concessions unions made, and said Tipple's
moratorium wasn't expected.
Veterans board chair, Dan Naylor called upset about the budget. Specifically, he is concerned about
how the $13 million surplus at the end of the biennium in nursing homes and the VTF was calculated. He
was told it is due to the budget repair bill compensation savings. Also, he was concerned about the
veterans department reorganization. He was told it was moving the State Approving Agency to the new
DRL to improve efficiency.
WDVA
Some of the VSO's contacted me upset about the department's negative press release {link above) on the
budget. The VSO's are supportive of the budget and are thinking about doing a joint release in support soon.
Justice:
Tami Jackson from OJA called to inform us that some of the groups who received earmarks from the
federal Byrne Justice grants are upset they will now have to compete and show results to receive them.
Q/')/')1)11
Page 1 of3
Sent: Monday, February 28, 2011 7:11 PM
To: Gilkes, Keith - GOV; Huebsch, Mike - DOA; Schutt, Eric- GOV; Jensen, Jodi - DOA; Archer,
Cynthia - DOA
Cc: Hagedorn, Brian K- GOV; Schrimpf, Chris- GOV; Werwie, Cullen J - GOV; Matejov, Scott- GOV;
Eberle, Ed - L TGOV; Liedl, Kimberly - GOV; Hurlburt, Waylon - GOV; Culotta, Jason - DOA; Polzin,
Cindy M -GOV
Legislative Update
o Representative Loudenbeck called inquiring about the amount of shared revenue cut for the City of Beloit.
o Representative Wynn's office called asking what other options are available to the state if we are unable to
see the potential savings from the refinancing of debt.
Tomorrow's Committee Actions
-
Secretary Stepp is scheduled to receive her hearing and exec in the Senate Committee on Natural
Resources
JCRAR is scheduled to take up a motion to suspend the wind siting rules
Secretary Klett and Secretary Perez are scheduled to receive their hearings and exec's in the Senate
Committee on Workforce Development, Small Business, and Tourism
SB 12- allowing retailers offer discounts equal to the sale tax is scheduled for a public hearing in the
Senate Committee on Workforce Development, Small Business, and Tourism
-
Tourism
o Tourism Promotion Funding
o Spoke with Chet Gerlach of Association of Wisconsin Tourism Attractions
o Stressed importance of promotional funding in tourism
DOT
o Eminent Domain
o DOT and American Transmission Company discussed potential legislation
o DOT, ATC and Governor's Office to meet on this issue Friday
o DOT Legislative Proposals
o Sen. Lazich and Rep. Petrowski to get back to the Governor's Office on which legislative proposals
they each would like to introduce in their respective committees
o Budget Repair Bill: Federal Transit Funding
o Rep. Petrowski's Office had concerns with this issue, and was referred to Reggie Newson at DOT
and their attorney to discuss legalities and federal funding process
o Highway 41 Interstate Conversion
Q /') /') ()1 1
o Secretary Gottlieb would like to know the governor's stance on this issue for when he meets with
U.S. Rep. Petri during this week's D.C. delegation meetings
o If we were ready to go ahead with the project, DOT would be ready to make an announcement this
fall ...
o ... Probably put signs up by 2013
o Business community in the area is behind this project
Page2of3
1-94 East-West Resurfacing Project
o Website: http:Urer>ave94.orgL
Federal Airport Funding
DNR
o LFB called DOT regarding the potential impacts as a result of a loss of collective bargaining of those
mainly of firefighters, but also all support employees airports
o DOT says that there does not appear to be any potential loss of funds associated with the loss of
collective bargaining for the aforementioned employees
o DOT would like to promulgate rule that would bring compliance with Fed. Regulations
Changes include:
Adding several definitions
Modify land-use category descriptions
Redefine local citizen and governmental participation requirements for determination
whether or not barrier construction is desired by public
Non-compliance may result in loss of federal funding for certain airport projects
Dairy Business Association is meeting with Sec. Stepp on Thursday
o Silage leachate and air permits for manure digesters are some of the issues the industry would like
to see addressed
Recommendations for the Natural Resources Board
o Several names were forwarded to Eric Esser the DNR executive leadership team
WHEDA
WHEDA came to agreement with the Bankers Association on several legislative proposals
o Waiting on Wyman Winston to share the agreed aras for me
Local Governments:
Fond du Lac Reporter. County expects to OK four union contracts this week
1. Employees will contribute 5.8 percent of their retirement and county workers already are contributing
12-15 percent of their medical insurance costs.
2. The higher premium is for those employees who do not complete a health risk assessment.
3. Salaries would have a zero percent increase tor 2011 and would be capped at the consumer price
index (up to 2 percent) for 2012.
Fond du Lac Reporter. Waupun Board extends teacher contract
1. A two-year salary schedule freeze with no lane movement.
2. A 50 percent contribution to the retirement system (currently 5.8 percent).
3. A 10 percent reduction in health insurance costs with the district paying a fixed monthly premium
rate of $640 for single coverage and $1,425 for family coverage for a plan in which: the employee
may elect the current plan or similar and pay the premium difference; the employee may elect a plan
at the district-reimbursed c o s ~ or the employee may elect a less-expensive plan and receive
payment for the difference.
4. This will be a giant step in assuring the financial stability of the district, Childs said. While the
governor's proposal would reduce district costs by some $850,000 over two years, the new proposal
R/?J?011
Page 3 of3
would reduce costs by 11,405,000 over that same period, he points out.
Wisconsin Rapids Tribune. Nekoosa teachers agree to contract
Justice:
1. The deal, which backdates to July 1, 2009, includes a salary base increase of 0.23 percent for the
2009-10 school year for teachers, and a 0.11 percent base increase for the current school year. The
agreement also includes forming a teacher appraisal committee that will use student test scores as
part of the teacher evaluation system.
I met with Wynn Collins, Kent Lovern (Milwaukee}, Melinda Tempelis (Outagamie), and Adam Gero\
(Ozaukee) of the WDAA to discuss the budget. \let them know that in keeping with the Governor's
promises pay progression would be in the budget, but increased positions would not. I told him that
request would hopefully be chipped away at in the next budget. They hoped to meet with the Governor
and other law enforcement stakeholders on a regular basis. I said I would work with Wynn to try to make
that happen.
!I/? /?n11
Page 1 of2
From: Culotta, Jason - DOA
Sent: Monday, February 28, 2011 5:01 PM
To: Kitzman, Nick- GOV
Subject: daily report
-
Tourism
Tourism Promotion Funding
o Spoke with Chet Gerlach of Association of Wisconsin Tourism Attractions
o Stressed importance of promotional funding in tourism
-
DOT
Eminent Domain
o DOT and American Transmission Company discussed potential legislation
o DOT, ATC and Governor's Office to meet on this issue Friday
DOT Legislative Proposals
o Sen. Lazich and Rep. Petrowski to get back to the Governor's Office on which legislative proposals
they each would like to introduce in their respective committees
Budget Repair Bill: Federal Transit Funding
o Rep. Petrowski's Office had concerns with this issue, and was referred to Reggie Newson at DOT
and their attorney to discuss legalities and federal funding process
Highway 41 Interstate Conversion
o Secretary Gottlieb would like to know the governor's stance on this issue for when he meets with
U.S. Rep. Petri during this week's D.C. delegation meetings
o If we were ready to go ahead with the project, DOT would be ready to make an announcement this
fall. ..
o ... Probably put signs up by 2013
o Business community in the area is behind this project
1-94 East-West Resurfacing Project
o Website: http:ljrepave94.org/
Federal Airport Funding
DNR
o LFB called DOT regarding the potential impacts as a result of a loss of collective bargaining of those
mainly of firefighters, but also all support employees airports
o DOT says that there does not appear to be any potential loss of funds associated with the loss of
collective bargaining for the aforementioned employees
o DOT would like to promulgate rule that would bring compliance with Fed. Regulations
Changes include:
Adding several definitions
Modify land-use category descriptions
Redefine local citizen and governmental participation requirements for determination
whether or not barrier construction is desired by public
Non-compliance may result in loss of federal funding for certain airport projects
Dairy Business Association is meeting with Sec. Stepp on Thursday
l"l /,.., ,,..,1"\.1 1
o Silage leachate and air permits for manure digesters are some of the issues the industry would like
to see addressed
Page 2 of2
Recommendations for the Natural Resources Board
o Several names were forwarded to Eric Esser the DNR executive leadership team
WHEDA
WHEDA came to agreement with the Bankers Association on several legislative proposals
o Waiting on Wyman Winston to share the agreed aras for me
0/"1/'"}f\11
Page 1 of3
Sent: Thursday, February 24, 2011 11:10 PM
To: Gilkes, Keith- GOV; Schutt, Eric- GOV; Huebsch, Mike- DOA; Jensen, Jodi- DOA; Archer, Cynthia
-DOA
Cc: Hagedorn, Brian K- GOV; Schrimpf, Chris- GOV; Werwie, Cullen J - GOV; Liedl, Kimberly- GOV;
Hurlburt, Waylon - GOV; Culotta, Jason- DOA; Matejov, Scott- GOV; Polzin, Cindy M - GOV
Subject: Daily Policy and Legislative Update
Contact with Legislative Offices
Representative Bies was concemed that teachers were not included in Chapter 230 protections that
apply to state and UW employees. Expressed to the Representative that amended bill does offer
grievance procedure and other protections for teachers.
Milwaukee Police Department has approached Senate Republicans to repeal changes in the last
budget that disallow police officers in Milwaukee from receiving pay when on disciplinaty
suspension for breaking Department ru1es. May look to amend budget bill in JFC to include this
provision.
Senate considering either moving Wirch/Barca bill to add 3 enterprise zones or to have Senator
Hopper draft a similar proposal. This would be in addition to another bill that would add 4 rural
enterprise zones.
Representative Bernier wants information about why a teacher in her district is getting fired today.
Told her we were aware of W ASB newsletter to districts.
Senator Lazich is interested in introducing legislation to move up Wisconsin's primary date to be in
compliance with the federal MOVE Act.
Senate Session
SB 7- Voter ID bill was taken to final passage.
SJR 13- Resolution honoring Bob Uecker passed 19-0.
Tomorrow's Senate Calendar
SJR 11- naming 2011 World Veterinary Year
AJR 13- honoring Capitol Police and security personnel at the Capitol
SB 11- Filing of certain forms for a TIF District in Milwaukee
SB 21- Creation of TID in Brookfield
Assembly Session
Continuing to debate amendments on BAB.
Economic Development Team
Met with American Coalition for Clean Coal Electricity
Q/')/')1\11
o Would like Wisconsin to act in more of an "observer role" rather than participate in the Midwest
Greenhouse Gas Accord
Page 2of3
o Supportive of a federal solution regarding greenhouse gases, rather than by region
-
Venture CaRita\
Met with Sen. Kanavas and SW\B to discuss Fund-of-Funds Model
-
DNR
Spoke with the DNR Green Bay Regional office about the tribal plan for a Waste to Energy plant
o They answered some constituent questions that came in
Basically, the DNR has yet to receive an application for a permit of any sort from the Oneida Seven
Generations LLC, so they cannot speculate on the project
Dog Breeder Rule
Spoke with Sen. Darling's office, they want the rule to be implemented with as little fuss as possible
o The Sen. invested a lot of time into the law, does not want to have to go through the process again
Education Meeting
o Met with Tom Llujack from UW-Milwaukee who is concerned about the cuts that the university is
facing. He is worried that they will receive little flexibility to offset the cuts.
Local Governments:
La Crosse Tribune. Local leaders frustrated by lack of budget specifics
"Our platform reflects members' points of concern, and we haven't addressed collective bargaining in proposals as
sweeping as what the bill contains," John Reinemann, legislative director for the counties association told the
Capital Times. "While we have some platform positions calling for changes to mediation, we don't have any calling
for change to the concept of collective bargaining."
Applied evenly to each of the state's 442 school districts, that could translate to a cut of nearly $3.5 million for the
La Crosse School District.
That is "an unprecedented number," said Janet Rosseter, the district's director of business services.
According to the governor's office, school districts would save $488 million per year under his plan.
Rosseter estimates the district would save about $2.5 million if employees pay half their retirement fund
contributions. She has not calculated the savings from employees paying 12.6 percent of health insurance
premiums.
About three quarters of the district's teachers are on family plans and pay 10 percent. Those on single plans fJM
nothing.
1:'\QQieton Post Crescent. Government officials throughout Wisconsin struggle to back budget repair plan
"To throw the whole system out, I'm not sure that's the right response, but that's what's proposed. That's what's on
the table," Appleton Mayor Tim Hanna said.
Still, he explained that taking a stance against the governor's proposal now is f1J/QoQiitical. "We've lobbied for a lot
of the changes that are contained (in the bill) but not the extent that they're contained here."
Voter ID:
Wisconsin State Journal. Editorial: Voter \D bill still too restrictive
0/,.,/')(\11
Page 3 of3
Furthermore, the sponsors of this bill have shown precious little evidence of problems at the polls that conceivably
this bill would fix.
SB 6 is likely to face legal challenges. And it definitely shouldn't be rushed into place for the April 5 election. That's
too little time for poll workers to prepare.
Slow this bill down. Think things through. Don't go overboard in limiting ballot access in a state proud of its long
history of high participation in elections.
Manitowoc Herald Times Reporter. Sen. Leibham's voter photo ID bill amended
The Badger Herald. Voter ID passes through committee
The Chippewa Herald. Senate to take up photo ID bill
Justice:
Racine Journal Times. Senate passes repeal of racial profiling law
Many police chiefs from Racine County said they were having officers comply with the law, but don't like it. They
say it takes up too much of officers' time, puts officers at risk and the data collected is subjective.
Q/')/')flll
Page 1 of3
Sent: Thursday, February 17,2011 7:33AM
Jodi- DOA
Cc: Eberle, Ed - L TGOV; Matejov, Scott- GOV; Hagedorn, Brian K- GOV; Schrimpf, Chris - GOV;
Werwie, Cullen J - GOV; Hurlburt, Waylon - GOV; Liedl, Kimberly- GOV; Culotta, Jason - DOA
Senator Zipperer, Representative Nerison, Representative Wynn, and Representative Jacque reached out
to our office with specific questions regarding the Budget Adjustment Bill
Committees
SB 15- repeal of data collection bill- had a public hearing in the Senate Committee on Labor, Public Safety
and Urban Affairs
JFC plans to vote on the Budget Adjustment Bill later tonight
Economic Develo):!ment and Regulatory Reform Team
Commerce
Centergy - Central Wisconsin Alliance for Economic Development
o Spoke to Barb Fleisner- Executive Director about her group wanting to set up a meeting with the
governor and business leaders
o Dorothy and scheduling is aware and has received the group's request
DATCP
-
Spoke with Jeff Lyon on the three WHEDA ag lending proposals
1. Sec. Brancel will verify with us tomorrow whether they're ready to share with legislators or need
modification
DOT
Met with a representative of the State Engineers Assn.
o They have a study showing at least $5 million Trans Fund SEG could be saved by using fewer
consultants
o Will pursue the matter with Reggie Newson
Former (D) Senator Goyke is working with Sen. Erpenbach on the State potentially losing FED
transit funding as a result of the of eliminating collective bargaining rights
o We have the opinion that the Fed is wrong on this issue and the Budget Repair Bill is compliant with
federal code
SB 15 and AB 18: Data Collection
o State Patrol to testify on informational basis only during Friday's committee hearing
o DOT and State Patrol will not pub/ical/y or privately oppose a potential amendment that would
eliminate the primary seatbelt enforcement provision
Hwy 23 reconstruction detour in Princeton, WI
Q/")/'1(\11
o Business owner from Princeton working towards a "Citizens Preferred" detour, instead of the original
proposed by DOT
o Sent information to Reggie Newson to make him aware of situation
JOBS Hotline
First Name Last Name
Paul Craig
Ken Pierson
NGA Undate
Description of Call
says he is losing his job as a teacher
because of the budget repair bill; as a result
he is also closing his business because he
needs to find a new job
called JH earlier; has not heard from
Commerce
2013 Annual Meeting Location Search
Comments
Contacted by
GOV; left a
message
Contacted by
GOV; forwarded to
Nate Yahn for
Commerce action
1. We will submit a letter suggesting Milwaukee as the Host City (**Deadline: Feb. 25th)
2. This is only a letter of intent. No additional materials are needed at this time.
Page 2 of3
3. Prior to the 2011 Annual Meeting, all states will be notified by NGA as to additional materials that are
required for consideration. (Videos, additional letters, brochures, etc.)
4. The 2013 location decision will be made shmtly after the 2011 Annual Meeting after a site visit is
completed.
a. **Governor Walker should lobby the executive committee at the Annual Meeting in July to
have Milwaukee be the host city for 2013. **
Health Care Meetings
American Cancer Society (Gail Sumi):Senator Darling and Rep. Strachota will be authoring legislation
iprohibiting state-regulated health plans from requiring patients to pay a higher copayment,
deductible, or coinsurance for oral chemotherapy than is required for injected or intravenous chemotherapy. WI
would become the 12th state in the nation providing this access.
ThedaCare: Jeffrey Remsik & Tony Driessen (DeWitt Ross Stevens):_ThedaCare is a regional hospital system
in the Fox Valley affiliated with 5 local hospitals. They have implemented "Lean Methodology" which has helped
reduce costs by more than $27 million and has improved health care quality. They want to help us implement
more performance-driven reimbursement for Medicaid.
News
Federal education secretary to talk with Gov. Walker (Milwaukee Journal Sentinel)
U.S. Secretary of Education Arne Duncan is expected to call Wisconsin Gov. Scott Walker on Thursday, a
spokesman for the federal agency said.
UW-Madison head supports split from UW system (Milwaukee Jourmtl Sentinel)
"I'm hopeful that when Gov. Walker introduces his budget next week that he'll include flexibility for OW-
Madison and other UW institutions in some form," OW-Madison Chancellor Biddy Mmtin said in a statement.
Local Governments:
The Wisconsin Counties Association contacted the Governor's and leadership offices to express concerns
over extending civil service protections to county employees. They were contacted by Ryan Murray to
Q/')/,f\11
Page 3 of3
address their concerns.
-
Waste, Fraud, and Abuse:
Just a couple of the supporters of the budget adjustment bill contacting through the Waste, Fraud, and
Abuse webpage:
and Abuse Commission Comments
I think Governor Walker's proposal to reduce spending and Jessen the power of the unions is wonderful. We need
to do things like this to help cut spending and to balance the budget with out raising taxes.
A D I ~ s e Commission Comments
Kill the U stranglehold they have on Tax Payer's funds! Good on ya Govenor. Balance the budget and
restore individual's liberty to protect themselves in this state. Keep up the good work, I know it's not easy but you
have more support for this reform than the media will lead us to believe.
Corrections:
Wausau Daily Herald. Editorial: State should retain Lincoln Hills School
"A panel appointed by Gov. Jim Doyle to study the issue punted on the decision, failing to reach the number of
votes needed to offer an official recommendation. But the panel voted 5-3 in favor of closing Ethan Allen, and in
its final report, it made clear that if the state were to close one of the two facilities, the state would be better
served by keeping Lincoln Hills open."
"Ethan Allen inmates filed twice as many complaints in 2009 as Lincoln Hills kids. And staffers filed 109
grievances with Ethan Allen, compared with zero at Lincoln Hills."
8/2/2011
Page 1 of 1
From: Swienton, Abby [aswienton@nga.org}
Sent: Friday, May 06, 201112:17 PM
To: EDC Committee- Reps
Subject: NGA EDC-SAC: Upcoming Meetings and Updates
Attachments: AASHTO DOT Comments.pdf; AASHTO DOT Supplemental Comments.pdf
EDC Committee Meetings
o The EDC staff advisory committee will not meet on Tuesday, May 10.
o We will next meet on Tuesday, May 17th at 3 pm EST in the Governors Room for another trade and investment
focused session in preparation for the Annual Meeting. We have invited guests for a briefing to discuss issues
facing U.S. subsidiaries of companies headquartered abroad.
o Mark your calendars: the EDC and Natural Resources Committees will host a joint half-day seminar on trade and
export promotion on Friday, May 2oth with representatives from the U.S. Department of Commerce. Additional
details to follow.
American Association of State Highway and Transportation Officials' (AASHTO) Regulatory Review Comments.
Attached please find AASHTO's comments to the U.S. Department ofTransportation on ineffective or burdensome
regulations identified by state departments of transportation.
Federal Aviation Administration (FAA) Reauthorization Update. The House passed a four-year reauthorization for FAA
programs last month (H.R. 658) and the Senate passed a two-year reauthorization in February (S. 223). A conference is
expected to resolve remaining outstanding policy differences, including authorization funding levels, the number of
flights at Reagan Airport, and collective bargaining rights for freight carriers, but only the Senate has named conferees.
The current extension expires on May 31.
State Examples of Innovation in Transportation. As a reminder, please send examples of innovative practices in
transportation in your state, using the bulleted headings from the Guiding Principles for Surface Transportation to drive
your examples (available at )illp:Uwww.nga.orglFiles/pdf/1104SURFACETRANSPORTATIONPRINCIPLES.PDF). For
example, NY discussed specific examples of streamlining efforts. Please send your state examples to me
(aswienton@nga.org) by May 20th.
Abby Swienton
legislative Associate
Economic Development and Commerce Committee
National Governors Association
444 North Capitol Street, NW, Suite 267
Washington, D.C. 20001
(202) 624-5376

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8/2/2011
AMERIDAN ASSODIATIPN OF
STATE HIGHWAY AND
TRANSPORTATION 0FFIDIALi3 Susan Martinovich, P.E., President
I
Director, Nevada Department of Transportation
A A S H 0 John Horsley, Executive Director
THE VOICE OF TRANSPOR ATION ______________ ____;:...._ _______ _
Mr. Robett S. Rivkin
General Counsel
U.S. Department of Transportation
1200 New Jersey Avenue, S.E.
Washington, D.C. 20590-0001
444 North Capitol Street NW, Suite 249, Washington, DC 20001
(202) 624-5800 Fax: {202) 624-5806 1WMI.transportation.org
April!, 2011
RE: Docket No. DOT-OST-2011-0025 Regulatory Review of Existing DOT Regulations
Dear Mr. Rivkin:
The American Association of State Highway and Transportation Officials (AASHTO) represents
the departments oftranspottation (DOTs) in the fifty States, the District of Columbia and Puerto
Rico. Based on information received from our State DOTs, the following are key regulations
that were identified as ones which are outmoded, ineffective, insufficient or excessively
burdensome. We respectfully urge your review of our recommendations for modification or
elimination of these regulations.
In addition, I have attached a supplemental list of additional regulations that are worthy of your
consideration for modification or elimination.
TIP Amendment Process
Title 23 USC 134 and 135
The TIP/STIP amendment/modification process is excessively lengthy and creates voluminous
paperwork even when making only a minor change for project costs or funding sources.
Furthermore, TIP information tends to be at least a year old by the time the federal reviewer
approves each individual project.
Recommendation:
Eliminate the modification process for projects where the cost changes or funding source
changes are minor. For example, allow cost/funding source changes within 20% ofthe
TIP/STIP-approved project cost, without triggering the TIP/STIP amendment/modification
process.
Maximize the Opportunity to Overlap Processes: Planning and NEPA Linkages
23 CFR Part 450, Appendix A.
Pagel2
A long-standing dilemma for transportation agencies is the tendency for decisions made in the
planning process to be re-opened in the NEP A process- in essence, starting over- rather than
using the planning decisions as the starting point for the NEPA review. Although some progress
was made in SAFETEA LU and FHW A regulations, there remains a deeply engrained reluctance
to adopt the mode and corridor decisions from the planning process as the basis for the Purpose
and Need in NEPA documents.
Recommendation:
FHW A should establish a presumption that decisions made in the planning process on cotTidor,
facility type, and mode will be adopted in the NEP A process.
Programmatic approaches
23 CFR 771
The development and application of programmatic solutions to replace project by project
analysis, documentation and decision making supports efficient project delivery and
environmental stewardship. While extensive progress has been made by states to implement
programmatic solutions, the opportunity to achieve major streamlining benefits by stronger
promotion of programmatic solutions shows great promise. For example, programmatic criteria
for categorical exclusions are often not broad enough to cover all undertakings with a
demonstrated history of not having significant environmental impacts.
Recommendations:
Include clear regulatory language indicating that programmatic approaches are the
standard way of conducting business.
Provide maximum flexibility in the development of programmatic categorical
exclusions.
Expand funding and support for "in-lieu" fees for conservation banking and
programmatic mitigation for natural and cultural resource impacts.
Allow the states, through programmatic agreements, to conduct legal sufficiency
reviews.
Remove barriers to delegation of the Environmental review process
23 CFR 773
The delegation programs have been implemented by USDOT in a way that makes many States
highly reluctant to seek delegation. There is one major factor that discourages States from
seeking delegation under the existing programs. FHW A has determined that States can only
assume USDOT's responsibilities iftbe State gives up tbe ability to undertake design and right-
of-way activities during the NEPA process on an at-risk basis (i.e., with their own funds). For
many States, the flexibility to advance these activities in parallel with NEPA is a critical project-
delivery tool; because they are unwilling to give up that flexibility, they do not pursue
delegation.
Recommendation:
FHW A should allow States to assume USDOT responsibilities without reducing flexibility to
acquire right-of-way and perform design work prior to the completion of the NEP A process.
Advanced Right-of-Way Acquisition
23 CFR 710.501; 23 CFR 710.503; 23 CFR 710.203; 23 CFR 710.305
Page 13
Current federal environmental restrictions make it extremely difficult to identify and preserve
potential future transportation corridors. Until the NEPA process is completed for a
transportation project, Federal funds can only be used to acquire individual parcels that meet the
definition of "hardship" or "protective" acquisitions. Because these exceptions are narrow, it is
difficult to protect a continuous corridor- or even to simply acquire strategic parcels from
willing sellers- until after the NEPA process is completed for the entire project, which is not
nearly enough time to take full advantage of the potential for reduced cost and reduced
community disruption.
In addition, conidors must be part of a fiscally-constrained Long-Range Plan in order to use
corridor preservation funds. However, due to the large size, scope, and cost of some corridors,
State DOTs find it very difficult to include entire corridors in their Long-Range Plan while
keeping it fiscally constrained. Requiring entire corridors to be included in a fiscally-constrained
Long-Range Plan creates a burden for the State DOTs resulting in limited use of corridor
preservation.
Recommendations:
1. Allow states to use Federal or state funds to acquire right-of-way well in advance of project
construction if the viability of a project would otherwise be threatened. Having appropriate
right-of-way in advance does not compel a project to be built-but not having the necessary
right-of-way can create significant disruption and/or kill a project.
Modify 23 CFR 710.501 and/or expand 23 CFR 710.503 to allow more flexibility for
the use of federal funds "at risk" for corridor preservation, which could then be paid
back if the land is not used for the anticipated project. In addition, modify language
in 23 CFR 710.203 and 23 CFR 710.305 to allow for the use of federal funding prior
to the NEP A document being completed. Since this funding is "at risk" and will be
paid back if the acquired land is not used in the final project, 23 USC 108(2)(c)(2)(F)
could be interpreted broadly that actual Federal "participation" does not occur until
after the NEPA document is complete.
2. Specify that entire corridors do not need to be patt of a fiscally constrained Long-Range Plan
in order for corridor preservation funds to be used.
Use of Proprietary Products
23 CFR635.411
AASHTO, as well as a number of other organizations (ATSSA, ARTBA, AGC, etc.) have
concerns that current federal regulations in 23 CFR 635.411, "Material or product selection," and
the current law in 23 USC 112, "Letting of contracts," impose broad restrictions on the states'
ability to utilize proprietary methods, materials, and equipment on federal-aid projects and, as a
result, limit the development of new products and discourage innovation. As currently regulated,
proprietmy products are only allowed on federal-aid construction contracts under specific
circumstances. The State DOTs' hands are tied when trying to use these products because of
"low-bid" requirements. Currently, a new proprietmy product that is developed and placed on the
market cannot easily be used in highway constmction until a "comparable" product is produced.
The inability of govemment agencies to specify a particular product which currently has no
"equal" limits innovation by essentially "lowering the bar" for all products in order to artificially
produce competition within the market. Often, engineering judgment in the areas of safety and
technology is trumped by an accounting policy that is being administered across-the-board
without consideration for potential safety improvements and returns on the investment.
Page 14
Recommendation:
Amend 23 CFR 635.411 to allow greater flexibility for using proprietary products in Federal-aid
contracts by allowing the Secretary of Transportation to approve the use of Federal funds in the
payment of patented or proprietary items when the State DOT certifies, based on the documented
analysis and professional judgment of qualified State transportation officials, that:
the patented or proprietary item will provide safety, economic, or other benefits along
one or more sections of roadway;
no equally suitable alternative item exists; and
any patented or proprietary item specified pursuant to this certification will be available
in sufficient quantity to complete the project identified in bid documents.
MUTCD Revisions
AASHTO is concemed with several provisions of the most recent version of the MUTCD. We
appreciate that FHW A has been open to hearing the states' views regarding their concerns with
these provisions.
Specifically, the flexibility granted to states and local agencies to use "engineering judgment" in
the field has been significantly reduced. Previous versions ofthe MUTCD recognized the need
for flexibility by allowing deviation from a standard on the relatively rare occasion when
engineering study and judgment determined that the safety and movement of road users would be
improved by such deviation. Such is not the case with the 2009 MUTCD.
In addition, AASHTO is concerned that the standards are significantly more prescriptive than in
prior versions. The 2009 MUTCD includes approximately 44% more mandatory provisions than
the previous edition. This can lead to millions of dollars in excess costs for state and local
governments and some private entities, such as shopping mall operators. Examples of
problematic requirements include:
Resizing of overhead sign structures to handle questionable message modifications;
Increasing the number of studies prior to changes in horizontal curve warning signs;
Creation of miscellaneous regulatory sign requirements (e.g., "Higher Fines"
sign/plaque);
Adaption of new procedures for the evaluation and measurement of sign retro-reflectance
and, subsequently, meet minimum values.
In addition, the FHW A has demonstrated a recent trend of imposing increasingly specific
compliance dates for various rules that will subject states to increased cost without necessarily
improving safety.
Recommendations:
Allow states the ability to use "Engineering Judgment" by restoring the definitions of
"Engineering Judgment," "Engineering Study," and "Standard" to the definitions used
before the 2009 MUTCD.
Delete the statement added to Section 1 A.l3: "Standard statements shall not be modified
or compromised based on engineering judgment or engineering study." In addition,
restore the statement previously contained in Section IA.09, " ... while this Manual
Page IS
provides Standards, Guidance, and Options for design and application of traffic control
devices, this Manual should not be considered a substitute for engineering judgment."
Either eliminate, or at least reduce to Guidance Provisions, those Standards that are
nonessential or overly prescriptive.
Eliminate or, at a minimum, significantly extend compliance dates in the MUTCD, which
require replacement of traffic features before the end of their useful life.
I appreciate the oppottunity to provide these comments and recommendations on behalf of
AASHTO.
Sincerely yours,
John Horsley
Planning
AASHTO Supplemental Comments
Regulatory Review of Existing DOT Regulations
Bicycle and Pedestrian Provisions of Federal Transportation Legislation
Title 23 USC 217 (g)
23 USC Section 217(g) states, in part, the following:
(g) Planning and Design.--
Page 11
(1) In generaL--Bicyclists and pedestrians shall be given due consideration in the
comprehensive transportation plans developed by each metropolitan planning
organization and State in accordance with sections 134 and 135, respectively. Bicycle
transportation facilities and pedestrian walkways shall be considered, where
appropriate, in conjunction with all new construction and reconstruction of
transportation facilities, except where bicycle and pedestrian use are not permitted.
FHWA Guidance for Bicycle and Pedestrian Provisions of Federal Transportation
Legislation, updated on April 4, 2007, states the following:
"Due consideration" of bicycle and pedestrian needs should include, at a
minimum, a presumption that bicyclists and pedestrians will be accommodated
in the design of new and improved transportation facilities. In the planning,
design, and operation of transportation facilities, bicyclists and pedestrians
should be included as a matter of routine, and the decision to not accommodate
them should be the exception rather than the rule. There must be exceptional
circumstances for denying bicycle and pedestrian access either by prohibition or
by designing highways that are incompatible with safe, convenient walking and
bicycling.
The law clearly states that bicycle and pedestrian facilities shall be considered where
appropriate. However, FHWA guidance has embellished the law from "consider where
appropriate" to a must include condition unless not doing so can be justified.
Furthermore, it states that "there must be exceptional circumstances" for not providing
such facilities. This regulation presents an undue burden on states to justify exceptional
circumstances when not including provisions for bicyclists and pedestrians in a project.
Recommendation:
FHWA should rescind their guidance on the meaning of "due consideration."
Revenue and Cost Documentation
23 CFR 450
Page 12
23 CFR Part 450 requires revenues and costs in MPO long range transportation plans
(LRTP), MPO transportation improvement programs (TIP) and the statewide
transportation improvement program (STIP be expressed in "year of expenditure
dollars." No such requirement is contained in Title 23 USC.
Recommendations:
The use of either "year of expenditure dollars" or "present day dollars" for both
revenues and costs is technically correct and both approaches are widely used in
financial analyses. The preferred approach should be a technical decision best made by
the MPO in cooperation with the state.
Signing of ROD or FONSI and TIP/STIP
23 CFR part 450 subpart C
The regulations require that "all regionally significant projects requiring an action by
FHWA or FTA" be included in the TIP/STIP. The regulations also state that" the STIP
shall include for project or phase (e.g. environmentai/NEPA ... )" descriptive material,
cost, etc .. Since one of the phases is environmental /NEPA the culmination of that
phase with a ROD or FONSI signature should be done if the cost for that phase was
included in the STIP. A memo written by FHWA states that a ROD or FONSI cannot be
signed unless the next phase of the project is listed in the TIP /STIP with funds identified
in addition to being listed in the fiscally constrained plan. This seems to require that at
least 2 phases be included in the TIP/STIP. This is an interpretation of the regulations
that has created hardship for DOT's trying to advance projects with very constrained
funding streams where the project may have to be implemented in phases over a long
period oftime.
Recommendations:
Provide new guidance on the interpretation of signing of ROD or FONSI without having
additional project phases included in the TIP/STIP.
Public Meetings
23 CFR part 450.210
The regulations state that "to the maximum extent practicable ensure that public
meetings are held at convenient and accessible locations and times"- holding
traditional public meetings for planning has been relatively ineffective as a means for
obtaining public involvement or comment. A later section of the regulations encourages
use of electronic means for providing public information, but the requirement for public
meetings still stands.
Recommendation:
This is outdated for most areas and should be done at the discretion of the DOT or MPO
and the approaches to be used should be documented in the DOT or MPO public
involvement plan but not dictated at the Federal level.
Page 13
Integrating Long Range Plans
23 CFR part 450 subparts Band C
The regulations require that many areas be addressed in the Statewide long range plan
including safety, transit, rail, security, aviation, freight, and bil<e/ped. Varying guidelines
from FHWA, FTA and FRA set the framework for these separate documents resulting in a
fragmented approach that creates silos instead of integration.
Recommendation:
The regulations could be re-structured to reflect a "one DOT" and a more
comprehensive approach to transportation planning.
FHWA and FTA Financial Systems, Time lines, etc.
No specific law or regulation
Projects funded under both FTA and FHWA programs must be reflected in states' STIPs.
The two modal administrations have very different processes, terminology, time lines,
and in some cases, preferences for how projects are represented in STIPs. This requires
states to spend extra time weeding through two different and distinct sets of
requirements. This is particularly problematic with the requirements that revolve
around financial and information systems and we are often forced to hand enter project
data and to specially manipulate data to wedge FTA projects into STIPs. The same
planning laws apply to both highway and transit projects yet requirements associated
with them vary by modal administration.
Recommendation:
Processes, timelines, information systems, and other process-related requirements
imposed by all modal administrations should be the same. Consistency in the
requirements of all federal modal administrations will save MPOs and state DOT
considerable time and reduce costs.
NEPA and Environmental Review
Simplify the Section 6002 environmental review process
SAFETEA-LU Environmental Review Process Final Guidance, November 15, 2006
23 CFR 771
Remove unnecessary paperwork steps and clarify and/or strengthen provisions that will
provide additional streamlining benefits.
Consultation on Methodology and Level of Detail. Section 6002 provides that "the lead
agency also shall determine, in collaboration with participating agencies at appropriate
times during the study process, the methodologies to be used and the level of detail
required in the analysis of each alternative for a project." Many FHWA division offices
interpret this provision to mean that State DOTs must conduct additional agency
coordination for almost any change in the project's methodology. This requirement
Page 14
increases time and cost with little added value or benefit to the environmental review
process.
o Recommendation: FHWA should clarify that the requirement for agency
consultation on issues of "methodology and level of detail" should be
conducted during the scoping phase of the project, when methodologies
are being developed. Additional consultation would only be necessary for
large changes in project methodologies and/or level of detail.
Preferred Alternative to Higher level of Detail. Section 6002 allows the preferred
alternative, once it has been identified, to be developed to a higher level of detail. In
concept, this is an important streamlining tool. However, the use of this flexibility has
been limited by FHWA and FTA in their Section 6002 guidance, which requires a State to
obtain FHWA or FTA authorization on a project-by-project basis to advance the
preferred alternative to a higher level of detail. As a result, the streamlining potential of
this provision is still largely untapped.
o Recommendation: FHWA should allow state to develop the preferred
alternative to a higher level of detail without requiring FHWA's individual,
project-by-project approval. The requirements for developing the
preferred to a higher level of detail should be defined in standard
procedures so that individual project-level approval is not needed.
Coordination Plan and Schedule. Section 6002 requires the lead agency to establish a
"coordination plan" for a project, and provides that the plan "may" include a schedule.
FHWA has effectively required inclusion of a schedule in all coordination plans. While
agency coordination clearly is an important aspect of streamlining, the "coordination
plans" themselves have become more of a paperwork exercise than an effective tool for
improving coordination. Many states have adopted plans and procedures for inter-
agency coordination prior to the implementation of SAFETEA-lU. Preparing an
additional project-specific coordination plan often adds little value, and becomes just
another paperwork burden, when effective program-wide coordination procedures are
already in place. The coordination plan requirement should be amended to allow a State
DOT to meet this requirement by adopting program-wide coordination procedures,
rather than developing a separate coordination plan each time an EIS is prepared.
Designating One lead USDOT Agency
23 CFR 771
Transportation projects are becoming increasingly multimodal. These projects serve an
important public need by ensuring that travel demand needs are met by the appropriate
transportation mode. However, US DOT's modal administrations have varying priorities,
processes and timelines for completing projects. These variations lead to unnecessary
project delay. Under this structure, State DOTs must go through multiple review,
approval and revision processes for each project document and decision.
Recommendation:
Page 15
FHWA should work with other DOT agencies to establish one USDOT agency as lead
agency to approve plans, studies and/or projects with multiple agency involvement.
Other impacted USDOT administrations would then participate as cooperating agencies.
Engineering
Highway Bridge Program Flexibility
23 CFR 650.409; 23 CFR 650.405(b)(1); 23 CFR 650.409; 23 CFR 650.413
The Highway Bridge Program is commonly known to be one of the most restrictive
funding sources within the federal funding program. The addition of flexibility to the
provisions within this program would allow for better overall management of the
nation's bridges and structures.
Recommendations:
1. Change Federal eligibility rules for the Highway Bridge Program (HBP) to allow
use of HPB funds for bridge deck rehabilitation or replacement when only the
deck is structurally deficient, and to categorize rigid overlays as a preventive
maintenance activity. These activities are often conducted as art of a larger
b\idge management system and help to prevent quicker deterioration of the
structure underneath the bridge deck.
A broader interpretation of "structurally deficient and functionally
obsolete bridges" within 23 USC 144(d)(3) could be used to determine
eligibility for the use of HBP funds on portions of bridges that are
structurally deficient and functionally obsolete, such as the bridge decks.
In addition, 23 CFR 650.409 states that the "sufficiency rating will be used
as a basis( emphasis added) for establishing eligibility and priority for
replacement or rehabilitation ... ", but it does not appear to restrict
funding to only these bridges. In general, the current restrictions prevent
the use of HBP funds for more systematic, asset-management type
approaches to bridge preservation, which have been shown to be more
beneficial and economical overall.
2. HBP funds can only be used for the replacement of a structure. However, there
are situations where a new structure on a new alignment would alleviate
pressure on, and give additional service life to, an existing structure. Currently,
HBP funding is not eligible for anything but the replacement of an existing
structure.
Clarify 23 CFR 650.405(b)(1), which defines "Replacement" as "Total
replacement of a structurally deficient and functionally obsolete bridge
with a new facility constructed in the same general traffic corridor." It
appears that constructing a new structure on new alignment is already
allowed in the regulations, but not in standard practice.
3. Use of HBP funding is tied to the National Bridge Inspection System (NBIS) rating
system, which has its own set of problems. Currently, a structure must have a
Page 16
poor rating prior to programming a project. This means a structure is already in
distress or the programming becomes a numbers game. There is some value in
the assurance that the "worst is fixed first," but states should be allowed to
develop and program bridge work on a systematic basis with minimal added
NBIS criteria.
As noted above, 23 CFR 650.409 states that the "sufficiency rating will be
used as a basis [emphasis added] for establishing eligibility and priority
for replacement or rehabilitation ... ", but it does not appear to restrict
funding to only these bridges. It is recommended that verbiage be added
to allow for an asset management approach for using HBP funding.
4. The Federal share of HBP funding is fixed at an 80/20 percentage without regard
for project type. It would be beneficial to increase the federal participation for
Interstate Bridges to 90/10, like it is for IM funding. It would seem reasonable to
consider bridge rehabilitation and replacement on the Interstate to be just as
maintenance-oriented as are the eligible activities for Interstate Maintenance
(1M) funds, yet an Interstate Bridge being funded with HBP funds requires a 20%
match while the added capacity for the same bridge could be funded with IM
revenue at a 10% match.
Modify 23 CFR 650.413 to allow for 90/10 split on Interstate Bridge
Projects.
Bridge Inspection Frequency
23 CFR 650.311; 23 CFR, Part 650, Section 650.311
Within 23 CFR 650.311, bridge inspection frequencies are mandated at fixed maximum
intervals that are independent of detail types on the bridge, traffic volumes, magnitude
of service stresses, age of the structure, and frequency of the loading cycles on the
bridge. Newer bridges with improved details and materials that carry low truck traffic
volumes should not have the same inspection requirements as older, more heavily
traveled bridges. Since damage occurs more rapidly in older structures due to the
accumulation of damage with service, the optimum inspection schedule would be more
infrequent in the early life of the structure and more frequent in its later years. The
engineering community has the ability to develop inspection frequencies that take into
account the rate of damage accumulation to provide a defined reliability.
A provision that treats all bridges the same, with respect to inspection frequencies,
requires states to expend a large amount of resources without significantly improving
the safety and reliability of the structures. This diverts funds and resources from those
bridges that need additional monitoring to those that have an inherently lower risk of
failure through being either lightly traveled or still early in their design lives. A process
that utilizes a risk based solution similar to other industries for determining inspection
frequencies would allow states to properly focus and apply limited resources to the
bridges where the need is greatest.
Recommendation:
Page \7
Revise 23 CFR, Part 650, Section 650.311 to allow the bridge inspection frequencies to
be determined using a risk/reliability based method.
Davis-Bacon Regulations
29 CFR 3
29 CFR 3, which was issued in 1931, requires submission of payrolls from contractors
and subcontractors weekly. This requirement has always been and remains very
burdensome.
Recommendation:
Revise regulations to provide for receipt of certification only, without weekly payrolls,
with periodic monitoring of wages paid.
Force Account Work
23 USC 112{b) allows the use of the force account method of contracting. However,
FHW A's interpretation of rules [23 CFR 635 Subpart B) governing the use of force
account contracting has severely restricted the use when force account work.
The law and rules allow force account work when it is determined to be cost effective.
23 CFR 635.204 Determination of More Cost Effective Method or an Emergency
establishes the process for making a determination that force account construction is
cost effective. Section 635.205 Finding of Cost Effectiveness defines work that is
considered to be cost effective for force account construction due to its "inherent
nature" or to protect the "rights and responsibilities of the community at large." The
adjustment of railroad or utility facilities are given as examples that are cost effective
due to their inherent nature.
FHWA has interpreted Section 635.205 Finding of Cost Effectiveness as the only
conditions under which work by force account can be allowed. The FHWA
interpretation renders Section 635.204{c) moot. FHWA guidance further states that
"any noncompetitive construction contract method requires a cost effectiveness
determination as well as an evaluation that demonstrates circumstances are unusual
and unlikely to recur." The "unusual and unlike to recur" condition is not supported by
statute. 23 CFR 635.204{a) states "Congress has expressly provided that the contract
method based on competitive bidding shall be used by a State transportation
department or county for performance of highway work financed with the aid of Federal
funds unless the State transportation department demonstrates, to the satisfaction of
the Secretary, that some other method is more cost effective or that an emergency
exists." The law does not require the state to demonstrate that conditions are unusual
and unlikely to recur.
Significant time and cost savings can be achieved though a greater allowance of force
account contracting in accordance with Section 635.204{c).
Page IS
Recommendation:
Allow force account contracting when the conditions of 23 CFR 635.204(c} are met.
Consistency between Federal Emergency Relief Programs
The FHWA Emergency Relief (ER} program, administered by US DOT, and the FEMA
assistance program, administered by US Department of Homeland Security, are both set
up to assist in road repair after a flood. However, the two federal entities have
differences in terminology, organization, process, funding and eligibility, all of which
leads to confusion, frustration, and loss of funding by township, county and state
governments.
An alignment of goals and process between the two federal entities would be extremely
beneficial.
Examples of these inconsistencies include the following:
TERMINOLOGY: Force Account as defined by FHWA is when a governmental entity
does the flood repair work with its own forces and Davis Bacon Wage Rates do not
apply. Force Account as defined by FEMA is when a contractor is hired and they must
use Davis Bacon Wage Rates and specific FEMA equipment rates.
FUNDING: In order to be eligible for ER funding, a site must have a minimum of
$5,000 in damages. In order to be eligible for FEMA funding, there is no minimum
amount, but the government entity receives a minimum amount of $60,000.
EliGIBiliTY: ER does not pay for the repair of soft spots due to frost heave; FEMA
does pay for repair of soft spots due to frost heave.
In addition to the above, two separate teams of inspectors go to each county, one from
FHWA and one from FEMA. Both gather information regarding the highway damage.
Most county highway staffs are confused by the conflicting documentation
requirements and processes. FHWA is looking for estimates of expenses.in order to
request federal authorization, which may come next year and is reimbursed through the
state Department of Transportation; FEMA is looking for receipts and actual expenses in
order to immediately process payments directly to the County.
Recommendations:
1. Align FHWA and FEMA processes to better match terminology, forms,
organization, process, funding and eligibility.
2. Allow one team to gather both FEMA and FHWA road and bridge flood damage
data.
Emergency Repair Work in Northern States
Currently, there is a 180-day timeframe during which disaster repair work is
reimbursable with 100% Federal funding. However, in northern states, the construction
season typically ends in early winter (e.g., November} and does not start again until
Spring (e.g., April}. Thus, when there is a late-season flood, for example, northern states
Pagel9
(and counties and cities) are often unable to start significant repair work until the Spring
construction season begins. Northern states are losing federal funds due to the fact
that they are in the north and construction cannot take place in the winter.
In US DOT's Emergency Relief Manual, Chapter II, Section D, Emergency Repairs vs.
Permanent Repairs, p. 23, states the following:
c. Federal Share (180-Day Period)
Emergency repairs accomplished within the first 180 days of the disaster
occurrence to restore essential traffic, minimize the extent of damage, or protect
the remaining facilities may be reimbursed at 100 percent Federal share. The
180-day time period for 100 percent Federal share is established by 23 U.S.C.
120(e), and the FHWA has no authority to change the time period. It is important
to give careful consideration in deciding the beginning of the 180-day time
period. The 180-day time period is intended to start on the initial day of the
disaster occurrence within a particular State. The starting date of a disaster is to
be applied on a statewide basis.
As previously noted in Chapter I, Section B, Program Overview, permanent repair
work is not to be considered emergency repair work for the purpose of
establishing the eligible Federal share, and can only reimbursed at 100% if
special legislation allows."
Recommendation:
Allow seasonal discretion for start dates for the 180-day period in which Emergency
Relief funding is reimbursable with 100% Federal funds in northern states.
Delegation of Project Oversight to State DOTs
The roles of Federal and State partners within the project delivery process need to be
more clearly defined to reduce redundancies and inefficiencies within the project
oversight process. As currently structured, there are many duplicative layers of review
and oversight within the Federal-State working relationship that could be reduced or
eliminated to improve project delivery speed without sacrificing quality.
A typical transportation project design process involves the development of a design by
a professional engineering consultant (who ultimately stamps the design plans with his
or her professional license), reviews by a State DOT professional engineer, and then
further reviews by the Federal Division Office engineer. While each set of reviews
provides an opportunity for discussion and refinement, it also can lead to personal and
professional differences of opinion, which often lead to changes in the design (or to
back-and-forth disagreements regarding how to design the project) but do not
necessarily add value to the project- just delay.
Page 110
The current structure of reviews appears to be a hold-over from the 1960s and 1970s
when FHWA provided needed engineering expertise and guidance to the States, but
that was at a time when FHWA was more fully staffed to provide this type of assistance.
FHWA is now a much leaner agency, and attempts to continue to provide this level of
detailed Federal oversight slows down the project delivery process.
The States hire licensed professional engineers to develop project designs, but the layer-
upon-layer of review and oversight effectively removes any accountability these design
professionals may have when developing their designs. Holding design consultants
accountable for their actions and reducing redundant oversight will also help move
transportation agencies toward more "performance-based" design and engineering,
which is the natural evolution from the current "prescriptive" (i.e., step-by-step)
method of design that has been used for the last 50 years.
Recommendation:
Modify FHWA's project review process to be more process-oriented rather than project-
specific, thus delegating the primary role of project oversight to the State DOTs.
Quality Assurance for P3 Projects
23 CFR 637B, "Quality Assurance Procedures for Construction", and associated TA
6120.3 "Use of Contractor Test Results in the Acceptance Decision, Recommended
Quality Measures, and the Identification of Contractor/Department Risks" do a good job
of assuring that the public's interests are
protected when a transportation project is delivered using the Design-Bid-Build or
Design-Build processes that do not include a long-term maintenance agreement {50 yrs).
However, for a Concession or a Public-Private-Partnership {P3) contract that requires a
50-year maintenance agreement, these federal requirements insert the owner into the
Concessionaire's daily operations and may increase their risks of being able to enforce
the performance standards of the 50-year maintenance agreement.
Recommendation:
Eliminate the requirement for the Owner to perform Owner Validation on all materials
testing if a long-term maintenance agreement {50 yrs) is part of the contract and an
Independent Engineer {IE) utilizes standard audit process oversight to confirm that the
Concessionaire follows their approved quality processes.
"Running Tally" of DBE Payments
In 1999, the DBE regulations were revised to include a requirement for monitoring and
ensuring that work committed to DBEs is actually performed by DBEs. It states that
"this mechanism must provide for a running tally of actual DBE attainments (e.g.,
payments actually made to DBE firms) ... ". This section on "running tally" has recently
been interpreted during a review by the National Review Team to mean that the DOTs
must track payments to all DBEs on a monthly basis.
Page\11
We understand the goal is to ensure that the DBEs on the commitment report actually
perform that work, but monthly tallies seem onerous and unnecessary. One state
collects a certification of payments to each DBE at the end of the contract, which
reports total payments paid to each DBE. Payments are compared to each commitment
to ensure that the work was actually performed by the DBE. If payment is below 90% of
the commitment, the contractor must provide an explanation. If there is not a
legitimate reason for the shortfall, the contractor can be assessed liquidated damages
for not following the contract provision.
States are concerned that the interpretation of "running tally of actual DBE
attainments" is being interpreted on such a frequent basis as to not provide significant
value for the time and expense spent collecting the information.
Recommendation:
Remove the reference to "running tally" in 49 CFR 26.37(b), or clarify that the "running
tally" does not need to be collected unless there is an issue with prompt payment.
Information Collected for DBE Bidders List
In 1999, with a major revision of the Disadvantaged Business Enterprise (DBE) Program,
each state had to start developing its own DBE goal. 49 CFR 26.11 requires the DOTs to
create and maintain a bidders list "for use in helping you set your overall goals." The
regulation requires us to obtain the firm name, firm address, firm's status as a DBE or
non-DBE, age of the firm, and the annual gross receipts.
Many states do not have an easy method of gathering the age and gross receipts of the
DBE firms without conducting a survey. In addition, the age of the firm and gross
receipts are not a factor in setting overall goals. On September 4, 2004, South Dakota
DOT requested a waiver from collecting this information. On July 17, 2006, the request
was denied by US DOT general counsel stating that "while you believe the bidders list
provision is not productive for your organization, you have not shown that compliance is
impractical."
States spend a considerable amount of time each year collecting this information-
including verifying addresses, printing surveys, stuffing envelopes, and paying for
postage for the surveys- which is of questionable value to the DBE process.
Recommendation:
Eliminate 49 CFR 26.11(c)(2)(iv) and (v); or modify the regulation to require the
collection of firms' age and gross receipts only if it serves a purpose, such as for use in
setting an overall goal.
Appalachian Development (APD) Highway System
Title 23 USC 106(h) requires that all projects over the cost of $500,000,000 have a
project management plan and an annual financial plan. While the intent to oversee and
Pagel12
manage costly projects is important, the level of detail these plans require is very time
consuming. States with projects on the Appalachian Development {APD) Highway
System are already required to prepare cost-to-complete estimates on periodic bases
following federal guidelines. Funding to the states for APD corridors is based on the
cost to complete. The federal rules and funding mechanisms in place for APD corridors
satisfy the intent of 23 USC 106{h); however, FHWA still requires a separate financial
plan that follows an additional set of guidelines in order to satisfy 23 USC 106{h).
Exempting APD corridors from the duplicative 23 USC 106{h) requirements will save
time and streamline the process.
Recommendation:
Exempt highways and projects on the Appalachian Development Highway System from
the requirements of 23 USC 106{h).
OSHA Shear Connectors Policy
OSHA recently revoked the policy of a "de minimis violation" for shop-installed shear
connectors. This means that shop-installed shear connectors are now an automatic
safety violation. There are instances where the owner determines that shop installed
shear connectors are the correct treatment, but this ruling makes this inappropriate.
The issue of safety compliance should remain with the employer to recognize hazards
and protect employees from the hazard. Structural members can be installed with shear
connectors in a safe manner; it doesn't seem necessary to specifically restrict a certain
feature when it can be accomplished safely, and has been for many years under the
previous interpretation.
Recommendation:
Remove the restriction for shear connector installation, assuming appropriate fall
protection is provided to workers.
OSHA Fall Protection Requirements
OSHA regulations require a railing height for fall protection that exceeds the railing
height of many highway bridges across the country; the notable exception being bridge
railings designed specifically for pedestrian use. The result is that any person employed
and conducting business for his or her employer cannot be within 6 feet of the railing
without a positive fall protection system or the employer could be subject to a fall
protection violation. This places a burden on State Agencies to provide fall protection
for routine bridge inspections, public safety officials, maintenance activities, and some
construction-related activities- any time an individual walks across a bridge and is
within 6 feet from the railing they are "at risk."
Recommendation:
Allowance should be granted to states to allow some limited activities to take place
without supplemental fall protection issues provided it is done so in concert with an
Agency developed safety plan.
Pagel13
Transit
Non-urbanized Area Formula Program Guidance and Grant Application Instructions
FTA Circular FTA C 9040.1F; April2007 derived from 49 USC 53, Section 5311.
Formula funds are apportioned to the states under this program. Upon apportionment,
these funds are not officially available to the states to use and distribute to sub-
recipients until the state submits a very detailed grant application to FTA (see circular
language below). The state has to wait approximately two months for the grant
application to be approved by FTA and over the course of the grant, the state has to
submit and wait on amendments to the grant application. This process happens every
year. Projects in each grant can take two to three years to complete. At any given time,
a State and FTA may have 10 or more grants open that need to be administered by both
the State and FTA.
In responding to the problems associated with the very lengthy time between when the
apportionment is available and the state has an approved grant from FTA, FTA staff will
offer "pre-award authority" as an option. More importantly, this response is not a
solution for the extensive burden placed on FTA, the States and the State's sub-
recipients to create and administer a detailed grant application every year and to
manage amendments over the life of the grant.
Recommendations:
Redefine the meaning of "program" to include significantly less detail than the "program
of projects" as currently defined in the circular. The State's grant application should
define in broad terms how they will make use of the funds and how the State will
provide for fair distribution and maximum feasible coordination. For the Secretary to
determine fair distribution and maximum coordination he/she does not need detailed
information on each sub-recipient, the exact budget items for each sub-recipient and
the dollar amount associated with each budget item. Once the program is submitted,
the grant should be considered automatically approved.
Ongoing FTA oversight can determine if the state is making appropriate use of the
funds. The states could also submit annual reports to FTA with status of each annual
apportionment, including how the apportionment has been allocated and expended by
each sub-recipient.
The State should also (as it does now) assure and certifythat it will make use of the
funds in a way that is compliant with federal regulations.
Transit "New Starts" Program
Page [14
New Starts is a discretionary capital grant program authorized to fund new or
extensions of fixed guideway projects. The New Starts projects are evaluated and rated
on a set of defined project justification and financial commitment criteria. A review of
the Federal Transit Administration's {FTA's) New Starts program should streamline and
identify alternative methods of evaluating and rating of projects.
Recommendations:
With the increase in number of transit projects and growing experience of transit
agencies in implementing capital projects, we suggest that FTA start to move away from
detailed project reviews and approvals and toward a process and program review model
more like that used by the Federal Highway Administration {FHWA). Topics like
technical and financial capacity could be assessed on a programmatic level. FTA might
make more effective use of its Project Management Oversight {PMO) resources by
reviewing a grantee's various management processes and capabilities, offering
suggestions for improvements related to multiple projects in its program, thus avoiding
the redundancy, uncertainty and potential delays that result from project-specific
reviews. This approach would not eliminate the need for project reviews in all cases,
but it would shift the emphasis of the PMO program toward expert advice and technical
assistance.
Possible methods to streamline the New Starts review process include:
Collapse the Alternatives Analysis phases required under both NEPA and New
Starts.
Use only one point of entry {PE) as opposed to multiple {PE and Final Design).
Eliminate requirement of the pre-PE submissions, such as the Real Estate plan or
Noise and Vibration plans, where risk and cost are yet to be identified and fixed.
New Start Transit Projects- Preliminary Engineering
New Starts transit projects are held to a different standard by requiring a completed
Financial Plan before Phase 1 preliminary engineering can even take place. Accordingly
to the sections of law and regulations cited above, a New Starts transit project cannot
access any Phase 1 monies until it can be proven that the project is in the local MPO's
fiscally constrained list of projects; and, second that those projects can be fully funded
through phase 3 of construction. Developing such a full financing plan requires a fairly
accurate estimate of total construction costs- and this kind of estimate is normally one
of the outcomes of phase 1 engineering. But if phase 1engineering cannot be funded
until full financing through construction has been finalized, transit projects are caught in
a catch-22 situation; and the outcome is that there is no reasonable way to budget a
project with any degree of accuracy.
Recommendations:
Transit projects should be afforded the same requirements as with highway projects, in
their eligibility to go through preliminary engineering phases before having to have full
Page 115
financing in place. New Starts monies should be allowed for phase 1 engineering even if
funding through construction has not yet been finalized. By so doing, the project can be
taken to a point where an accurate budget can be ascertained and then a financing plan
can be adequately developed. In addition, this will make it easier to manage the whole
New Starts process from the federal perspective because there aren't competing
regulations to keep track of between highway and transit projects.
Aviation
Aviation State Block Grant Program- Administrative Costs
The Airport and Airways Improvement Act of 1982 was amended in 1989 to provide for
a pilot program of state block grants. 14 CFR Part 156 State Block Grant Pilot Program
(SBGP) originally allowed only for three states to participate in the program. In 1998 the
program was amended to allow ten states to participate. 14 CFR 156 sets out the
procedures for a state to apply, grant issuance process, program administration
requirements, and state responsibilities and enforcements responsibilities. State
program administration costs are ineligible under 14 CFR 156. These are costs that
would be normally be incurred by the FAA regional office if the FAA were administering
the airport project.
Recommendation:
Allow 15% for administration of the State Block Grant program and allow up to 25 states
to participate in the program.
FAA Intra-Agency Coordination on Guidance
Air Traffic Control vs. Airport Development: Different agencies within FAA-- the Airport
Development Group and the Air Traffic Control Group- on occasion, have conflicting
design standards, which slows up the process for project development and delivery.
Enhance agency coordination and communication is needed.
Recommendation:
Ensure that FAA is reviewing and providing guidance to these groups to prevent
conflicting information going out to airports.
Page 1 of 1
From: Gilkes, Keith - GOV
Sent: Thursday, March 03, 2011 11:03 PM
To: Gilkes, Keith - GOV
Subject: Capitol Access Tomorrow
Everyone-
Starting tomorrow, there will be a new policy on public access to the Capitol Building. You should continue to
access the building through the staff entrance at the MLK Street entrance.
The public will be accessing the North and South Hamilton Entrances (North and South Wings of the Capitol).
I ask that you maintain a respectful demeanor as we have protestors in the building and respect the cleaning crew
who will be working over the next several days in the building.
Also- I want to alert everyone that we should be touching any signs that are hanging anywhere. The people that
manage the building are concerned about properly removing the tape that is attached to walls. Let the
professionals do it as well as not inflaming issues with demonstrators.
Thanks.
KG
8/2/2011
Page 1 of2
From: Cosh, William A [costma@doj.state.wlus]
Friday, April 08, 2011 7:04PM Sent:
To:
Subject:
Hogan, Pat- DOA; Hit\, Andrew A- GOV; Hurlburt, Way!on - GOV; Hagedorn, Brian K- GOV; Himebauch, Casey- GOV
FW: Daily Press Briefing -AprilS, 2011.docx
Attachments: Daily Press Briefing- AprilS, 2011.docx
From: Cosh, William A,
Sent: Fliday, April OB, 2.011 7:03PM
To: Cosh, Wl!!iam A.
Subject: Dally Press Briefing -April 8, 2011.docx
Assistant District Attorneys
Daily News Briefs
Friday, AprilS, 2011
Head of Police Union Calls on Vatt Hollen to Oppose Walker's Plan to Cut Local Prosecutors (WPPA Press Release)
htlp::l /www. thewheelerreport com/releases/ Amilll/0408/0408wppa.pdf
DeCecco Release .h!m;//www. thewheelerreport.comlrcleasesl Aprilll/0407/0407sheboygancountyda.pdf
DeCecco Letter http://www.thewheelerreQort.com/relcases/Aprilll/0407/0407daletter.pdf
OSER MOU http://www. thewheelerreport.com/releases/ Aprilll10407/0407osennou.pdf
OSER Layoff Notice hlli!Jiwww. thewheelerreQOrt.com!releasesl AQrilll/0407/0407oserlayoffnotice. pdf
MOU ASP Furloughs l!llg;//www.thcwheelerreQOrt.com/releasesfAP.rilll/0407/0405mouasp.pdf
Letter from DA Brey http:Uwww.thewheelerreport.com/re\eases/AP.rilllf0407/0407mmsaunygrenletter.pdf
WPPA Press Release http://www.thewbeelcrreport com/rcleases/Apri\11/0407/0407wppa.pdf
"Prosecutors union told to take six furlough days by state" (Fox 6) 2777774.stor.y
Brookfield/GAB
VanHollen-Chisholm Election Integrity Task Force Must Investigate Largest Potential Election Fraud Case in Wisconsin History (Press Release from One
Wisconsin Now)
Budget Reooir Dill
"A true apology to Judge Maryann Sumi" (Isthmus) http/Jwww thedailypage com/isthmus/article.php?article=33054
"Wisconsin's Supreme Court asked by state officials to Toss Union Law Case" (Bloomberg) http://www.bloomberg.com/news/2011-04-07/wisconsin-officials-

"Wisconsin asks state supreme court to take union case" (Miami Herald) http://www.miamiherald.com/2011/04/07/2156317/wis-asks-state-suoreme-court-
to.html
"Wisconsin's LaFollette parts with Van Hollen over labor law" (Bloomberg) http://www.businesswcck.com/news/201!-04-06/wisconsin-s-la-follelle-mrts-
with-van-hollen-over-labor-law.html
"Wisconsin takes union busting case to Supreme Court" (Gather.com) http://politics.gather.com/viewArticle.action?articleld=281474979202338
"Wisconsin petitions Supreme Court to implement law on budget bill" (Huliq)

"State Budget News: Walker administration asks state Supreme Court to block lawsuit" (Pierce County Herald)
http:l/www.Qiercecountyherald.com/eventlarticle/id/34793/group!News/
"Walker administration asks Supreme Court to vacate Sumi TRO" (Hot Air) }lttp://hotair.com/archjves/2011/04/08/walker-administration-asks-supreme-court-
to-vacate-sumi-tro/
"Wis. AG seeks unusual supervisory writ, asks state supremes to toss union law challenge" (ABA Journal)
htlP-:IIwww.abajournal.com/newslarticle/wisconsin ag_asks state supreme court to take iurisdiction of union law cha/
"Walker asks WI Supreme Court to lift ban on anti-union law" (Business Insider) http://www.businessinsideq:om/walker-asks-wisconsin-sunreme-court-to-lift-
20 11-4
"Walker administration asks state supreme court to drop suit blocking CB law" (WTAQ) btlp://wtaq.com/news/artic\es/2011/apr/081walkeradministration-asks-
state-supreme-court-dro/
"Wisconsin legal pileup continues: A.G. sues judge, Senate & Assembly" (Courthouse News Service) http://www.courthonsenews com/2011/04/08/35614.htm
"State asks Supreme Court to take union case" (La Crosse Tnbune) htloJOacrossetribune.com/news/local/article db38ddle-6198-lle0-8toe-001cc<lc002e0.htm\
"Capitol Chaos: Sec. of State asks court to drop appeal on Sumi ruling" (TMJ4) http://www.todaystmj4.co1Jl/news!local/ll9389684.html
"Wis. Asks state supreme court to take union case" (Greenwich Time)
union-case-1326833.ph(;!
"Wis. Asks state supreme court to take union rights case, stop lower court action" (The Republic)

"Wis. Sec'y of state asks high court to drop appeal" (Forbes) http:/fwww.forbes.com/feeds/aP./2011104/07/business-us-wisconsin-budget-unions 8396650.html
"Wis. Asks state supreme court to take union rights case, stop lower court" (WKBTLa Crosse)
''LaFollette wants appeal in union case dropped" (Eau Claire Leader-Telegram) http://www.leadertelcgram.com/news!daily updates/article 463f7190-612l-
ll
"New twist in Wisconsin's fight against public unions" (Courthouse News Service) bttp://www.coru::!hQ.usenews.com/20ll/(}4/07/35582.btm
"State asks Supreme Court to take union case" (Channel3000.com) h!!(;!://www.channel30QO.com/pQ!itics/27470977/detail.html
"LaFollette wants appeal in union case dropped" (Channel3000.com) http://www.channel3000.qnn/politics/27465452/detail.html
"Huebsch petition claims bill delay impacts state's fiscal health" (JSOnline) http://www.isonline,com/blogs/news/119488004.html
"Administration asks Supreme Court to lift restraining order on collective bargaining bill" (JSOnline) http://www.jsonline.com/blogs/news!ll9434894.html
"La Follette asks Supreme Court to drop DOJ's appeal" (The Daily Cardinal) h!!p:/lwww.dailycardinal.com/news/la-follette-asks-supremecourt-to-drop-doj-s-
appeal-1.2149616
"High court gets direct request" (Wisconsin State Journal)
"DOA files for stay on restraining order" (Badger Herald) http://badgerherald com/news/2.011/04!07/dga files for staY: o plw.
"Wis. Scc'y of state asks high court to drop appeal" (CBS Moneywatch.com) http://monepvatch.bnet.com/economie-news!news/wjs-sccy-of-state-asks-high-
courHo-drop-appeal/6213537/
"Wis. Asks state supreme court to take union case" (Beaumont Enterprise) http://www beaumonten!emrisc com/default/articlc,!La-Follette-wants-appeal-in-
8/2/2011
Page 2 of2
uuion-case-dropped-1326833.php
"Walker's bill faces new legal challenges" (Express Milwaukee)
"AG's office says La Follette was consulted before filing appeal" (Wisconsin State Journal) http://hosl.lnrufuon.com/wsj/news!local/govl-an,d:
QQlili!;s/article 8552099a-6164-11 c0-929d-OOJ cc4c002eO.html
"State asks top court to implement bill" (JSOnline)
"State asks supreme court to step in, halt restraining order" (Wisconsin State Journal) http://host.madison.com/wsjfpews/local/govt-and-
politics/articlc cQJ5e8ac-616e-ll eO- b 150-00 1 cc4c002eO.html
"La Follette protests appeal ofSumi ruling" (JSOnline) h!!!Ulw:ww.isonline.com/news/statcpolitics!ll9374859.html
(from Wispolitics) -- DOA Secretary Mil'e Iluebsch has petitioned the state SU11reme Court to vacate the temporary restraining order against the
implementation of the collective bargaining bill.
The petition, which also seeks dismissal of the open records complaint filed by Dane Co. DA Jsmael Ozanne, argues that a court does not have power to strike a
law, prevent a law for taking effect or make a declaration of law through a temporary restraining order.
"A Dane County judge has basically issued a permanent temporary restraining order," Huebsch said in a statement. "In doing so, she has created uncertainty for
state and local governments that are relying on the reforms in Wisconsin Act I 0 to balance their budgets. As we work to address enormous fiscal challenges,
what government needs most now is certainty and that's what we are asking for."
See the DOA statement:
http://wispQli.tics.com/index.imi?ArtjcJe-232763
(From Wispolitics) --The Department of Justice has filed its response to a motion from Secretary of State Doug La Follette.
La Follette asked the state Supreme Court yesterday to drop the appeal filed in his name in the lawsuit over the collective bargaining bill.
"We continue to believe that DOJ should be representing the office of the Secretary of State," DOJ spokesman Bill Cosh said. "Judge Sumi disagreed and the
secretary's new counsel is making the decision on what to do with the pending appeal. However, DOJ is concerned that there are inaccuracies in the filing
which suggest that Secretary LaFollette was not consulted and was not in agreement with our decisions."
See the response:
006/110407 DOJ. resRons!UO 4 6 II motion.pdf
Crandon
"Crandon families make final argument" (The Northwoods River News) hllpJ6w.w rivemewson\ine.com/m/J\rticlcs.aspx?ArticlelD=368
DCI
"Capitol chief thanks those who helped during protests" (JSOnline) http://wwwjonline.com/blogslnews/119498094.html
DOJ
"Wisconsin GOP lawmaker: DOJ lawyer should resign" (Beumont Enterprise) h!!pPwww.beaumontentemrise com/ncws/artic\e/Wis-Republican-Jawmaker-
calls-for -investigation-! ?27083. p..Jm
"Nass pushes for lawyer's resignation" (Wisconsin State Journal)
"Wis. GOP lawmaker: DOJ lawyer should resign for offering advice to missing Democratic senators" (The Republic)
http://www.therepublic.com/view/storr/ccf93ef8685349fb9bbdc27ca92f8234/WI--Wisconsin-Budget-DOJ/
"Emails show Wiscosin Assist. AG advised fleeing Dems on how to break law" (Fox National News) hUp://nation.foxnews.com/politics/2011/04/07/e-mails-
show-wis-assist-ag-advised-fleeing-dems-bow-break-law
"Wisconsin lawmaker calls for investigation" (La Crosse Tribune) http://lacrossctribune.com/news!loca\/state-and-regionalfarticle f0fc3f5c-6138-11e0-8cf0-
00lcc4c03286.html
"Koch's Americans For Prosperity aims at Kloppenburg, strikes GOP Attorney General?" (PR Watch) h!!P.:/Iwww.mwatch.org/news/2011/04/10540/kochs-

"Republican lawmaker calls for resignation" (Channel3000.com) http://www.channe\3000.s;mnLpolitics/27469112/detail.h!m1
"Wis. GOP lawmaker: DOJ lawyer should resign" (Oshkosh Northwestern) htln;LLlvww.thenorthwestern.com/articlc/20110408/0SHOIOI/110407211/Wis-GOP-
\awmaker-DOJ-lawyer-should-resign?odyssey=tabltopncwslimg!OSH-News
"Wisconsin Republican lawmaker calls for investigation into assistant attorney general offering email advice" (Appleton Post-Crescent)
http://www.postcrescent.com/article/2011 0.:107/ APCO 1 0 1 I 11 0407093/Update-Statc-GOP-\awmaker -says-DOJ-lawyer -should-resign?
odyssey modlnewswelllkK!JAPC-Newsls
Environmental Releases
"A. G. Van Hollen: Voltz Trenching and Excavating, Inc. is ordered to pay $14, 827.50 for open burning and asbestos violations" (Wisbusiness.com)
http:/ /w,vw. wisbusiness. com/index jmi?Article=232634
ICAC
"AG. Van Hollen: The state obtains a judgment against Indus Hotels, LLC and Amana Hospitality for environmental violations" (Wisbusiness)
http://www. com/index. i m I? Article""232486
"Man sentenced in Jefferson County; Pleas to two counts of possession of child pornography" (NBC 15)
http://w,vw.nbcl5.com/newslhcadlines!Man Sentenced In Jefferson County Pleas To Two Counts Of Possession of Child Pornography 119250799.html
Bies bill to make synthetic marijuana illegal to receive hearing (Press Release from Rep. Bies)

Press Release!!
Guest Column- National Crime Victims Rights Week
Sent out flier on Denim Day
8/2/2011
From:
Sent:
To:
Subject:
Attachments:
Kitzman, Nick- GOV [Nick.Kitzman@wisconsin.gov]
Wednesday, May 18, 2011 8:04AM
Culotta, Jason - GOV; Yahn, Nate- DOA; Hogan, Pat- DOA; Hurlburt, Waylon - GOV;
Kikkert, Becky- DOA; Brickman, Michael- DOA; Lied!, Kimberly- GOV; Roetker, Patrick-
DOA; Himebauch, Casey - GOV
FW: Co-Sponsorship of LRB-1934/2 Collective Bargaining Protected under State Constitution.
11-19342.pdf
From: Bruce, Cory[SMTP:CORY.BRUCE@LEGIS.WISCONSIN.GOV]
Sent: Wednesday, May 18,2011 8:04:00 AM
To: Kitzman, Nick - GOV
Subject: FW: Co-Sponsorship of LRB-1934/2 Collective Bargaining Protected under State Constitution.
Auto forwarded by a Rule
From: Sen.Carpenter
Sent: Tuesday, May 17, 2011 6:19PM
To: *Legislative All Senate; *Legislative All Assembly
Subject: Co-Sponsorship of LRB-1934/2 Collective Bargaining Protected under State Constitution.
AMENDED CO-SPONSOR MEMORANDUM
To: All Legislators
From: Senator Tim Carpenter
Re: Co-Sponsorship of LRB-1934/2 Collective Bargaining Protected under State
Constitution.
Deadline: Friday, May 20, 2011, 12:00 Noon
At the request of constituents and other legislators, I have redrafted this Senate Joint Resolution to
amend our State Constitution: this revised SJR will guarantee that all employees in Wisconsin may
collectively bargain. The original draft of this Constitutional Amendment stated this right in terms of
public employees only.
The recent passage of a bill that effectively eliminates collective bargaining for most public
employees has put Wisconsinites through a traumatic period of our history. The bill is currently being
litigated in the courts, and its passage has even fomented unprecedented attempts to recall elected
officials.
People have expressed concern that the elimination of collective bargaining for public employees
was only the first step, and that the right of non-public employees to collectively bargain may be next
to be modified or even endangered.
The people of Wisconsin should not have to wonder each time there is a change in the majority
1
parties in our government, whether the ability to collectively bargain will likewise change.
Putting this into Wisconsin's Constitution will resolve this uncertainty.
All legislators who signed onto the original SJR 1934/1 will be signed onto this revised LRB 1934/2,
unless specifically requested not to be.
A copy of the proposed Senate Joint Resolution is attached. If you would like to cosponsor this SJR,
please contact the office of Senator Carpenter by return email or telephone 6-8535 by Friday, May
20, 2011 by 12:00 Noon.
11-19342.pdf (28
KB)
Analysis by the Legislative Reference Bureau
EXPLANATION OF PROPOSAL
This proposed constitutional amendment, proposed to the 2011 legislature on first consideration,
grants a right to employees to collectively bargain on the subjects of wages, hours, and working
conditions.
A proposed constitutional amendment requires adoption by two successive legislatures, and
ratification by the people, before it can become effective.
2
~ t a t ~ nf ~ i s c n n s i n
2011 - 2012 LEGISLATURE
LRB-1934/2
SRM:kjf:ph
2011 SENATE JOINT RESOLUTION
1 To create section 14 of article XIII of the constitution; relating to: collective
2 bargaining by employees (first consideration).
This proposed constitutional amendment, proposed to the 2011 legislature on
first consideration, grants a right to employees to collectively bargain on the subjects
of wages, hours, and working conditions.
A proposed constitutional amendment requires adoption by two successive
legislatures, and ratification by the people, before it can become effective.
3 Resolved by the senate, the assembly concurring, That:
4 SECTION 1. Section 14 of article XIII of the constitution is created to read:
5 [Article XIII] Section 14. Employees shall have the right to collectively bargain
6 on the subjects of wages, hours, and working conditions.
7 SECTION 2. Numbering of new provisions. If another constitutional
8 amendment ratified by the people creates the number of any provision created in this
9 joint resolution, the chief of the legislative reference bureau shall determine the
2011 - 2012 Legislature -2-
LRB-1934/2
SRM:kjf:ph
SECTION 2
1 sequencing and the numbering of the provisions whose numbers conflict and adjust
2 any cross-references thereto.
3 Be it further resolved, That this proposed amendment be referred to the
4 legislature to be chosen at the next general election and that it be published for three
5 months previous to the time of holding such election.
6 (END)
From:
Sent:
Kitzman, Nick- GOV [Nick.Kitzman@wisconsin.gov]
Monday, May 02, 2011 2:23 PM
To: Culotta, Jason- GOV; Yahn, Nate- DOA; Hogan, Pat- DOA; Hurlburt, Waylon- GOV;
Kikkert, Becky - DOA; Brickman, Michael - DOA; Lied!, Kimberly - GOV; Roetker, Patrick -
DOA; Himebauch, Casey- GOV
Subject: FW: Co-Sponsorship of LRB-1934/1 Collective Bargaining protected under State Constitution.
Attachments: 11-19341.pdf
From: Bruce, Cory[SMTP:CORY.BRUCE@LEGIS.WISCONSIN.GOV]
Sent: Monday, May 02, 2011 2:22:34 PM
To: Kitzman, Nick- GOV
Subject: FW: Co-Sponsorship of LRB-1934/1 Collective Bargaining protected under State Constitution.
Auto forwarded by a Rule
From: Sen.Carpenter
Sent: Monday, May 02, 2011 2:21 PM
To: *Legislative All Senate; *Legislative All Assembly
Subject: Co-Sponsorship of LRB-1934/1 Collective Bargaining protected under State Constitution.
CO-SPONSOR MEMORANDUM
To: All Legislators
From: Senator Tim Carpenter
Re: Co-Sponsorship of LRB-1934/1 Collective Bargaining to be Protected under State
Constitution.
Deadline: Friday, May 13, 2011, 12:00 Noon
I propose to amend our State Constitution to guarantee that public employees may collectively
bargain.
The recent passage of a bill that effectively eliminates collective bargaining for most public
employees has put Wisconsinites through a traumatic period of our history. The bill is currently being
litigated in the courts, and its passage has even fomented unprecedented attempts to recall elected
officials.
The people of Wisconsin should not have to wonder each time there is a change in the majority
parties in our government, whether the ability to collectively bargain will likewise change.
Putting this into Wisconsin's Constitution will resolve this uncertainty.
A copy of the proposed Senate Joint Resolution is attached. If you would like to cosponsor this SJR,
please contact the office of Senator Carpenter by return email or telephone 6-8535 by Friday, May
3
13,2011 by 12:00 Noon .
. """:ll. ..
~
11-19341.pdf (28
KB)
This proposed constitutional amendment, proposed to the 2011 legislature on first consideration,
grants a right to public employees to collectively bargain on the subjects of wages, hours, and
working conditions.
A proposed constitutional amendment requires adoption by two successive legislatures, and
ratification by the people, before it can become effective.
4
nf
2011 - 2012 LEGISLATURE
LRB-1934/1
SRM:kjf:rs
2011 SENATE JOINT RESOLUTION
1 To create section 14 of article XIII of the constitution; relating to: collective
2 bargaining by public employees (first consideration).
This proposed constitutional amendment, proposed to the 201llegislature on
first consideration, grants a right to public employees to collectively bargain on the
subjects of wages, hours, and working conditions.
A proposed constitutional amendment requires adoption by two successive
legislatures, and ratification by the people, before it can become effective.
3 Resolved by the senate, the assembly concurring, That:
4 SECTION 1. Section 14 of article XIII of the constitution is created to read:
5 [Article XIII] Section 14. Public employees shall have the right to collectively
6 bargain on the subjects of wages, hours, and working conditions.
7 SECTION 2. Numbering of new provisions. If another constitutional
8 amendment ratified by the people creates the number of any provision created in this
9 joint resolution, the chief of the legislative reference bureau shall determine the
2011 -2012 Legislature -2-
LRB-1934/1
SRM:kjf:rs
SECTION 2
1 sequencing and the numbering of the provisions whose numbers conflict and adjust
2 any cross-references thereto.
3 Be it further resolved, That this proposed amendment be referred to the
4 legislature to be chosen at the ne!ff general election and that it be published for three
5 months previous to the time of holding such election.
6 (END)
From:
Sent:
To:
Subject:
Attachments:
Volz, David J -COMMERCE
Friday, April 29, 2011 4:06 PM
Culotta, Jason- GOV
FW: A. Ott, Nerison & Ripp Budget Motion Request
Dairy Mfg. lTC Budget Motion. doc
Commerce staff feedback on this motion:
To base the credit cap on a per facility basis without regard to organizational structure is going to further dilute the benefit
of the credit to those entities and smaller businesses that have only one facility.
For example, for the round of dairy credits that was just completed, each non-cooperative eligible applicant received
18.27% of the maximum credit they could have received had there been unlimited resources. So, a dairy business that
had a total of $174,083 in expenditures in 2010 could have received a maximum credit of 10% or $17,408. Instead, under
the "pro-rata" formula, the business receives $3,181 or 18.27% of the maximum credit. The mix of applicants included
credits going to each of four facilities for Marathon Cheese and eight facilities for BeiGioioso Cheese, both S-corporations.
Had the credit cap been based on a "per entity" basis for S-corps, the allocation percentage for each of the other entities
would have increased. Had the credit cap been based on a "per facility" basis for everyone, regardless of structure, the
percentage would have decreased, thereby diluting the credit for single-site businesses. A C-Corporation, such as Kraft
Foods, could have claimed more credits because it has more than one dairy manufacturing site in the state.
With respect to making both appropriations continuing, it is more of a DOR/DOA issue. I assume DOR would prefer to
keep a sum-sufficient for greater administratively flexibility. DOA may be receptive to making both appropriations
"continuing" for fiscal accountability reasons, but yet, recognizing that there needs to be some administrative flexibility,
which a continuing appropriation might provide. I do not necessarily want to speak for those agencies.
Dairy Mfg. ITC
Budget Motion.d ...
5
Fill this form out in its entirety prior to submitting to your JFC designee.
Joint Committee on Finance
2011-2012 Budget Motion Request
Date: April 28, 2011
Legislator: A. Ott, Nerison, Ripp Staff Contact: Erin Ruby
Legislator's JFC Designee: Rep. LeMahieu & Rep. Nygren
Statement of Motion Intent: Provide a short description swnmarizing the intent of your motion.
Amend proposed budget language to clarifY that all eligible businesses- regardless of
organizational structure- can claim the Daity Manufacturing Facility Investment Tax Credit up to
a maximum credit of $200,000 per facility. [LRB Budget Amendment draft attached.]
Also, conveti the appropriation from which the credit is paid to cooperative processors from a sum
sufficient appropriation, to a continuing appropriation [s. 20.835 (2)(bp)]. This would mirror the
change proposed by the Governor for non-cooperative processor credit appropriation [s. 20.835
(2)(bn)].
Agency: Depatiment of Agriculture, Trade & Consumer Protection (DATCP)/General Fund
Taxes- Income & Franchise Taxes (Fiscal Bureau Summary- pg. 189)
Summary: Provide a thorough description. Please attach all supporting documentation and ta/ldng points.
The Dairy Manufacturing Facility hwestment Tax Credit was created in the 2007-09 biennial
budget. As originally crafted, the I 0-percent credit was available to businesses that made eligible
expenditures to modernize or expand their dairy processing facilities, but was limited to a
maximum credit of $200,000 per business entity, regardless of the number of processing facilities
owned and modernized or expanded by that entity.
In follow-up legislation, Assembly Republicans attempted to clarifY that cooperative dairy
manufacturing facilities would also be eligible for the credit (2007 AB 763 & 2009 AB 34).
Cooperatives are responsible for the vast majority of daity processing in Wisconsin. Credits would
be passed through to members based on the amount of milk each member delivered to the
cooperative.
As negotiations on this change progressed, there was agreement between the cooperative and
proprietaty daity processors that the credit would be available on a "per facility" basis to all
eligible claimants. In other words, the credit was convetied from an aggregate maximum of
$200,000 per claimant/processor to a maximum credit of$200,000 per modernized or expanded
facility. A level playing field was of primary importance to both the cooperative and proprietary
dairy processors. [Note- despite a change to a "per facility" credit, the total amount of credits
that can be allocated statewide remains capped in statute. For FY 2011-12 that amount is
$700,000 for cooperatives and $700,000 for non-cooperative facilities.}
The credit was ultimately extended to cooperatives and other dairy processors on a per facility
basis via 2009 Act 2. Act 2 was the budget repair bill introduced, passed, and signed into law by
the Democrats in 48 hours in Februaty 2009.
Fill this form out iu its entirety prior to submitting to your JFC designee.
The Governor's budget proposes a change to the structure of the credit by specifYing that only
cooperatives would be eligible to claim the credit on a per facility basis ($200,000 maximum credit
per facility), while all other entities would be limited to an aggregate maximum of $200,000 per
entity regardless of the number of facilities. This change eliminates the level playing field agreed
to by all parties at the outset.
Fmther, the changes proposed would be effective with the start of the 2011 tax year, which would
be nearly half over by the time the budget is signed into law. This changes the mles of the game in
the middle of the tax year for those non-cooperative dairy processors that may have taken on
modernization and expansion effmts with the anticipation of receiving the investment tax credit on
a per facility basis.
This change was proposed by the Depat1ment of Commerce. The Department states that when the
cooperative language was added, the credit was extended on a per facility basis to all pass-though
business entities (co-ops, S-carps, LLCs, and pattnerships ), but C-corps were overlooked and
thereby not provided the opportunity to access the credit on a per facility basis.
Rather than skewing access to the credit to the significant advantage of cooperatives (as proposed
by Commerce and the Governor), the better alternative is to clarity that all business entities,
regardless of organization stmcture, are eligible for the credit on a per facility basis.
Also, convet1 the appropriation fium which the credit is paid to cooperative processors from a sum
sufficient appropriation, to a continuing appropriation [s. 20.835 (2)(bp)]. This would mirror the
change proposed by the Governor for non-cooperative processor credit appropriation [ s. 20.83 5
(2)(bn)]. Again, this is an issue of ensure equity between the two different types of processors.
Both Cooperative Network and the Wisconsin Cheese Makers Association are fully supportive of
this modification.
Attachment- LRB budget amendment language to clarity all business entities are eligible for the
credit on a per facility basis. Note: language does not address the change from a sum sufficient to
a continuing appropriation.
Fiscal Impact:
None. All statutory maximum credit allocations remain in place. If claims are made that exceed
the statutory maximum allocation, claims must be pro-rated.
Funding Source (i(applicable):
N/A
Mohr, Mark - GOV
From:
Sent:
To:
Cc:
Subject:
Moroney, MattS - DNR
Thursday, April14, 2011 6:11AM
Gilkes, Keith - GOV
Culotta, Jason - DOA; Schutt, Eric- GOV; Murray, Ryan M - GOV
FW: Spring Hearing Resu Its Posted
Below is the link to the Conservation Congress county vote totals. One reason you
might find these interesting/useful is that the votes can become the basis for
conservation related legislation such as the bill on fishing tournament culling and
moving opening fishing weekend up a week when it would fall on Mother's Day.
p/j Matt Moroney
Deputy Secretary
Wisconsin Deportment of Natural Resources
(li>:) phone: (608) 264-6266
(li>:) fax: (608)266-6983
(l"l) e-mail: Matt.Moroney@wisconsin.gov
From:
Sent:
To:
Lee-Zimmermann, Kari A- DNR
Wednesday, April 13, 2011 03:05 PM
Lee Zimmermann, Kari A DNR; HKTHEISEN@HOTMAIL.COM; jonvon@maqs.net; rgrabarski@hotmail.com; schmidt@mwwb.net;
mdhammSS@gmail.com; CHEQOUTFITTERS@CHARTER.NET; BOCHOFA@CENTURYTEL.NET; BPREN11CE@ASHLAND.K12.WI.US;
JKR!SKA@CH!BARDUN.COM; JJJKOENIG@CHARTER.NET; trapperdave22@hotmail.com; dale.crisler@uwc.edu;
JIM.BRAKKEN@YAHOO.COM; SHADOW1@CHEQNET.NET; PRBNW@CHEQNET.NET; WALKERTND@CHEQNET.NET; Wieser, LeRoy;
chbohn24@gmall.com; PNJVK@EARTHLINK.NET; Hanson, Roger; RMLOOP@AOL.COM; NOLLFARM@TDS.NET;
wdomine@centurytel.net; BRUNKOW@NELSON-TEL.NET; MMKRE!BICH@FRONTIERNET.NET; CBYOUNGBAUER@RIVERLAND.ORG;
CCONROY@CENTURYTEL.NET; MCNALLYJ@GRANTSBURGTELCOM.NET; DFERRIS@BURNETTCOUNTY.ORG;
WASHKUHN200B@CENTURYTEL.NET; RCWBDOB@TCEI.COM; pfluhr@frontier.com; THEPROPSONS@YAHOO.COM;
WEBER1@EXCEL.NEf; renegadeherm@clearwire.net; brown_stanleyrepublican@yahoo.com; outdoormike@charter.net;
PSHAURETTE@CENTURYTEL.NET; BOGFAM@TZNET.COM; DIMIKEPURPLE@TDS.NET; TOMSLANDS@GMAIL.COM;
OSEGARD@YAHOO.COM; burmji@gmail.com; SWENSONS@MERR.COM; murphysmenagerlegamefarms@netzero.net;
DSCHRE!BER@C21AFF!LIATEDPORTAGE.COM; r.ziel@mchsi.com; JGILB@INBOX.COM; JEPSON@MWT.NET;
JFSHURTS@MAILBAG.COM; BRAD.WAGNER@CHARTER.NET; ALPHELAN3@YAHOO.COM; KYLELAFOND@GMAIL.COM;
MSHAZMAT@TDS.NET; DMAAS@KIRSHFOUNDRY.COM; SCSTROOK@POWERWEB.NET; ZIMM.S.V@TDS.NET;
MALFORD_1@YAHOO.COM; HDRAKE@GRAHAMFIELD.COM; RTLANG46@GMAIL.COM; RBAUDHUIN@DCWIS.COM;
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1
Cc:
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mikek.trout@yahoo.com; ANNMARIE.KUTZKE@YAHOO.COM; MOEAMUNDSON51@CENTURYTEL.NET; BROWNELK@GMAILCOM;
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GLNEAGLS@NEWNORTH.NET; ART@NNEX.NET; WALTERCAMP@HUGHES.NET; RPCWALLER@YAHOO.COM;
HARLEYDK@CENTURYTEL.NET; RREARNEST@ELKNET.NET; MARTOSANDS@YAHOO.COM; cbal@balestrierigroup.com;
JHOUCK3@WI.RR.COM; JSJANDRO@GMAIL.COM; LUNKERPLUNKER@HOTMAILCOM; dale.compeau@compeau.net;
docmi@charter.net; edelbjw@aol.com; JTROSKOPF@YAHOO.COM; OWSKIJDC@EARTHLINK.NET;
BRETT@CEDARLAKESALES.COM; ashook@ci.waukesha.wi.us; AHAASES@WI.RR.COM; david.poff@yahoo.com;
DCAMPLIN1@WI.RR.COM; bknorri@hotmail.com; BESTUL@TDS.NET; BINDER434@GMAIL.COM; SATCH@FRONTIERNET.NET;
JOHNLESLIEJONES@centurytel.net; wasa@ntd,net; LARRYASTROFOX@GMAIL.COM; ASSESS4U@YAHOO.COM;
clarence.koch@att.net; RKOERNER@NEW.RR.COM; ALOBNER@TDS.NET; BAR2211@WCTC.NET; gov-trap@hotmail.com;
marlinlaidlaw@hotmail.com; WINKLERJIM@HOTMAIL.COM
Subject:
DNR DL LE Region War; DNR DL AD DLT; DNR DL WD FH CO; DNR DL WD FH Fish SUPS; DNR DL WM ALL; DNR DL DW REG DIR
RE: Spring Hearing Results Posted
There were a couple last minute technical glitches we have since gotten worked out. The versions now posted are up to
date.
From:
Subject:
Lee-Zimmermann, Kari A- DNR
Spring Hearing Results Posted
wee Delegates and Department Staff:
For those who are interested in the outcome of Monday night's spring hearings, the results are now posted.
apologize for the delay.
http://dnr. wi.gov/org/nrboard/cong ress/spring heari ngslindex. htm I
~ a ! U L e e - ~
Wisconsin Conservation Congress Liaison
Wisconsin Department of Natural Resources
101 S. Webster Street/ PO Box 7921
Madison, WI 53707
phone: (608) 266-0580
fax: (608) 266-6983
e-mail: Kari.LeeZimmermann@Wisconsin.gov
2
From: Newson, Reggie - DOT
Sent: Monday, February 28, 2011 11:56 AM
To:
Subject:
Polzin, Cindy M- GOV; Hurlburt, Way\on - GOV; Culotta, Jason - DOA; Yahn, Nate- GOV
FW: LFB Contact
FYI.
Best,
Reggie
From: Donlin, James - DOT
Sent: Monday, February 28, 201111:29 AM
To: Newson, Reggie - DOT
Cc: Hammer, Paul - DOT
Subject: LFB Contact
Reggie,
LFB has called a couple oftimes this morning regarding potential federal airport funding impacts as a result of a loss of
collective bargaining, similar to those for federal transit funding. The questions they have received were largely
pertinent to firefighters, but also all support employees at airports.
Based on initial federal law and regulation searches and talking with our aeronautics staff, there does not appear to be
any potential loss of federal airport funding associated with the loss of collective bargaining rights for public employees.
Will let you know if we find out more.
Thanks,
Jim
8
From: Newson, Reggie- DOT
Sent: Thursday, February 17,20111:54 PM
To:
Subject:
Yahn, Nate- GOV; Culotta, Jason- DOA; Murray, Ryan M- GOV; Hagedorn, Brian K- GOV
FW: Trooper/Inspector Salary Costs
FYI, LFB requested info on salary.
Thanks.
Best,
Reggie
From: Hammer, Paul - DOT
Sent: Thursday, February 17, 2011 12:23 PM
To: Newson, Reggie - DOT
Cc: Newman, Kenneth - DOT
Subject: FW: Trooper/Inspector Salary Costs
Reggie,
LFB called asking for the annual salary and fringe costs associated with Troopers and Inspectors who will continue to
have collective bargaining rights under the Governor's bill.
The data compiled by BHRS is below. I will forward to LFB shortly.
Paul
From: Sarver, Randy - DOT
Sent: Thursday, February 17, 201111:52 AM
To: Hammer, Paul - DOT
Subject: Trooper/Inspector Salary Costs
Hi Paul.
Here is the information you requested:
We have 392 Troopers/Inspectors.
Their combined annual salary (base pay x 2088 hours) totals: $20,754,329.54.
Their combined annual salary plus fringe benefits (base pay x 54.09% x 2088 hours) totals: $31,980,346.39
Let me know if you need additional information.
Thanks.
9
From: Hagedorn, Brian K- GOV
Sent:
To:
Monday, March 07,201110:35 AM
Culotta, Jason - DOA
Subject: FW: Daily Policy and Legislative Briefing
You have any proposals/documents reflecting this?
Brian K. Hagedorn
Chief Legal Counsel
Office of Scott Walker
Office:
Cell:
brian. sconsin.gov
-----Original Message-----
From: Murray
1
Ryan M - GOV
Sent: Monday, March 07, 2011 10:25 AM
To: Hagedorn, Brian K - GOV
Cc: Culotta, Jason - DOA
Subject: RE: Daily Policy and Legislative Briefing
Have a chat with Jason and see what you think of DOT's proposal.
Ryan Murray
Director of Policy and Legislative Affairs Office of the Governor
Main: 608-266-1212
Email: r.murray@wisconsin.gov
-----Original Message-----
From: Hagedorn, Brian K - GOV
Subject: RE: Daily Policy and Legislative Briefing
Ryan,
I used to do eminent domain work at DOJ and might be able to provide some perspective too.
Or even better, you might want to consider connecting with some of the attorneys over at
DOJ to vet proposals too (there's only a few of them). I would be willing to work with
the policy advisor on this (Jason??), or just give them the names for them to follow up.
Brian
From: Murray, Ryan M GOV
To: Gilkes, Keith - GOV; Schutt, Eric - GOV; Huebsch, Mike - DOA; Archer, Cynthia - DOA;
Jensen, Jodi - DOA
Cc: Hagedorn, Brian K - GOV; Schrimpf, Chris - GOV; Werwie, Cullen J - GOV; Eberle, Ed -
LTGOV; Matejov, Scott - GOV; Hurlburt, Waylon - GOV; Liedl, Kimberly - GOV; Culotta, Jason
- DOA
Legislators' Office Contacts
* Representative Petryk's staff contacted us regarding education changes in the budget.
The Representative was meeting with his local school boards to discuss the budget
provisions.
* Senator Galloway's office inquired about BadgeCare
* Representative Loudenbeck inquired about the amount of hits to her school and
communities .
10
*
*
*
Rep. Pridemore's office inquired about the civil service system
Rep. Tranel is concerned about how many people in his district will be laid off
Rep. Kramer's office inquired about the dogs being moved shelters to research labs
the budget
DATCP
* Received a letter from the USDA Sec. regarding the 2008 Farm Bill.
* Includes definition of "disaster county" and outlines requirements to attain
declarations from the USDA Secretary (rather than the President).
* DATCP has this information.
OOR
in
* Working with DNR on response to City of Chippewa Falls regarding silica particulates.
* The City asked for a circumvention of normal procedures for what they saw as a
pressing matter.
* DNR is currently conducting a silica study, will continue as per normal procedure.
PSC
* Broadband Service
* Maine Governor LePage wrote a letter to the FCC in support of the commercial
allocation of 700 MHz D Block of broadband service, instead of allocation straight to
public safety
* Dan Leary of T-Mobile would like to Governor Walker to write a letter to the FCC
in support as well
DOT
* Eminent Domain
* Governor's Office met with Reggie from DOT and ATC rep to discuss their eminent
domain proposal
* Currently, trial attorneys are gaming the system and collecting immensely high
attorney fees, which affect the rate payers of the utilities, DOT (taxpayers) and local
municipalities
* DOT Proposal: Change statutes to ensure good faith negotiations by governmental
entities and property owners during real estate acquisition for highway and infrastructure
projects and to reduce litigation costs during negotiations and mitigate disputes over
fair market value
* Would like to place a cap on how much the trial attorneys can recoup in
attorney fees (last session, cap proposal from Gov. Doyle was $5,000, but JFC removed at
Gary Sherman's request)
* ATC would like to place this in the state budget as part of the JFC process
Commerce
* DOT EA Reggie Newson, Commerce EA Dave Volz, and Jason met with some Verona- and
Shanghai-based Chinese business leader
* T h ~ y would like to help arrange a trip by the Govenor to China to promote economic
ties
* As a first step, they would like the Governor to meet with General Counsel from the
Consulate in Chicago, who will be visiting Madison in April
* Commerce is working on scheduling this with Dorothy
* An international company is looking to locate to Waukesha County and bring 120 good-
paying jobs
* Alerted Dave Volz and he will contact
* The Town of Brookfield TIF (proposed Von Maur department store) is being opposed by
the owners of Brookfield Square, a national firm called CBL
* CBL contests the need for this leigslation and says the develops are poaching
11
existing retail clients from Brookfield Square for this new development
* The vice chair and CFO of CBL, Michael Lebovitz, is willing to fly here from
Chattanooga to meet with the Governor and discuss this further
Health Care
Sand Ridge Secure Treatment Center Tour: Visited units for Ch. 980 persons committed under
Wisconsin's sexually violent persons law.
Attendees: Secretary Smith
1
Deputy Secretary Rhoades, EA Kevin Moore, Kimber & Becky
1. Staff pleased with the funding level in the budget.
2. The facility is nationally renowned for treatment associated with their patients.
They frequently receive requests from other states to tour their facility and contract out
doctors and specialists to discuss the treatment programs they utilize.
3. The program consists of several phases with multi-disciplinary achievements. The
length of time in treatment is dependent upon the success of program completion and by the
patient's mastery of self-management skills.
DCF is terminating its contract with Controltec, which was hired by the past
administration to develop and implement the finger scanning system for children in WI
Shares. Our DCF team has found that the technology isn't available for small children
under 4 years old, since their fingerprints change over time due to growth. Controltec had
a Feb 1st due date which they haven't met. DCF plans to stop wasting money on the contract
and pursue other (realistic) options to eliminate WI Shares fraud.
Education
Met with Mike Thomas who represents School Specialty, Inc. His group believes it can help
districts save significant amounts of money through efficiencies outside of the classroom
and without additional impact on pay and benefits. One way they feel they can save is to
consolidate services statewide {like we are doing with the Student Information System).
They consider transportation and food service to be especially good targets.
Newsworthy Information
Politifact: The Maciver Institute says average annual salary and benefits for Milwaukee
Public Schools teachers tops $100,000
(TRUE)<http://www.politifact.com/wisconsin/statements/2011/mar/04/maciver-
institute/maciver-institute-saYs-average-annual-salary-and-b/>
The conservative think tank said the average annual compensation for a Milwaukee Public
Schools teacher would exceed $100,000 in 2011. As of July 1, 2011, according to the school
district, that figure will be $101,091.
Maciver's claim is true due to the double pensions that the teachers receive.
Local Governments:
* Green Bay Press
Gazette.<http://www.greenbaypressgazette.com/article/20110304/GPGOlOl/110304055/City-
committee-declines-support-public-employee-unions?odyssey=tabltopnewsltextlGPG-News> Green
Bay City Council committee declines to support public employee unions
The City Council's Advisory Committee voted 4-2 against the resolution, which stated that
the city "stands in solidarity with the hard-working men and women of the public sector."
Milwaukee Journal Sentinel.<http://www.jsonline.com/news/ozwash/ll7364643.html>
Ozaukee County Board backs Walker repair
12
The board approved the resolution Wednesday on a 21-5 vote, with three supervisors
abstaining. Two supervisors were absent.
Milwaukee Journal
Sentinel.<http://www.jsonline.com/news/waukesha/117363903.html> Waukesha County Board to
vote on resolution backing repair bill
According to the proposed Waukesha County resolution, Waukesha County's employee benefits
are rising at a five-year average of 4.1% per year and represent 30.2% of personnel costs
in the 2011 budget.
Hutton's resolution calls for support of Walker's bill and urges state representatives to
pass it "so that employees' benefits will no longer be a mandates subject of collective
bargaining."
Janesville Gazette.<http://www.gazettextra.com/news/2011/mar/03/reopening-
contract-would-put-members-risk-leader-s/> Reopening contract would put members at risk,
leader says
O n ~ of the Janesville School District's employee unions is saying, "No," to the school
board's invitation to reopen its contract.
AFSCME Local 938 will not reopen because that would put members at risk, said Ed
Sadlowski, field representative for AFSCME Council 40.
* Janesville Gazette.<http://www.gazettextra.com/news/2011/mar/03/edgerton-milton-
teachers-want-talk/> Edgerton, Milton teachers want to talk
Gallup said the union plans to offer concessions in benefits, including savings in health
insurance of up $3,000 per teacher. The union now has health care coverage under the WEA
Trust.
Justice:
I spoke to Chief Kevin Wilkinson of the Neenah Police Department and he said the
Chiefs are concerned that the budget repair exempts covered police and fire but not those
nonunion employees. He would like to see both exempt from paying into the pension or
health insurance
13
Page 1 of2
From: Kraus, Jennifer- DOA
Sent: Wednesday, February 16, 2011 1:51 PM
To: Culotta, Jason - DOA
Subject: RE: benefit and bargaining questions
Jason - I'm assuming that these are from staff - here's the answers but you may want to check in with Cindy Archer
about how employees are getting answers so that the message is consistent
#1 and #2 -OSER and ETF have to work out the design of the HRAs
#3 - health insurance coverage will be under management control - significant erosion of coverage will impact
the ability to attract and retain needed staff.
#4 CPI does not apply to non-reps - they would be covered as they are now under the comp plan
#5 increase in contributions apply now but change in forumla multiplier apply with new terms
#6 - civil service provisions are untouched
#7 not sure about this one -workplace rules in the statute are not changing (see #6) but they may be referring
to workplace rules that are in collective bargaining agreements --the plan there is to at least temporarily keep all
of the existing provisions from the collective bargaining agreements (except health and pension contributions, of
course) until OSER can sort through them all and create a totally new comp plan.
Hope that helps - Jenny
From: Culotta, Jason - DOA
Sent: Wednesday, February 16, 2011 1:31 PM
To: Kraus, Jennifer - DOA
Subject: benefit and bargaining questions
Jenny,
Hear the Madison schools left you with no choice but to stay home today!
I'm told you are THE expert on the questions about the proposed state employee benefit and collective bargaining
changes.
Could you help me address the following questions?
Thanks,
--Jason
7-1824
1. Is the health insurance contribution tied to a health risk assessment?
Is the health risk assessment taken with blood lipid or blood pressure?
Is the health risk assessment assessing an individual's health, or how an individual health plan is
structured?
2. Does the health risk assessment apply to pre-existing conditions?
3. Without collective bargaining rights, what's to stop further loss of health insurance coverage?
4. Does the CPI index apply to non-represented employees?
R/?/?011
Page 2 of2
5. Do the benefit changes for health insurance and pension contributions apply to legislators now, or must
they stand for re-election before those changes are made?
6. Will the budget repair bill undue the rules regarding seniority status during layoffs? For instance, if
someone with more seniority gets laid off, will they still be able to "bump" someone with less seniority doing
a different job?
7. Will similar workplace rules negotiated into statute by the unions still apply?
0/1")/"'}{111
Page 1 of3
Sent: Tuesday, June 14, 2011 8:45 PM
Bills Passed Today in Senate Session
SB 93- concealed carry (25-8). (Dem support: Halperin, Jauch, Lassa, Taylor, Vinehout, Wirch)
SB 107-landlord CCAP usage preemption (18-14). (No Dem Support)
SB 109- increases in penalties for soft tissue injuries to law enforcement officers (Voice Vote).
AB 148- bill to pay the bills. The Senate is expected to give final passage to this legislation at some point
tonight. It will then be ready for action by the Governor.
Assembly Session
The Assembly is scheduled to begin debate on the 2011-2013 biennial budget later this evening.
Commerce
WiscNet
o Tom Still from the WI Technology Council contacted our office in opposition to the JFC's action
restricting WiscNet
BioGenesis
DATCP
o Jason, Nate, Commerce and DNR met with BioGenesis reps about a company contract situation with
the EPA and their interest in having operations at the Milwaukee Harbor
o Gave them some suggested contacts of organizations throughout the state, as well as DOT, DNR,
and Commerce contacts
o BioGenesis removes the pollutants from dredged material and sells the cleaned material as
topsoil
o The firm is based in Milwaukee and owned by an Iranian scientist who fled that country when the
Shah was overthrown
o Raw Milk Enforcement Action
DOT
o This morning DATCP executed an enforcement action against a farmer in Racine County who was
selling raw milk illegally to Illinois.
o The owner admitted to operating the illegal racket
o Ashley Furniture TEA Grant in Whitehall
o DOT has not heard from the Village of Whitehall regarding the TEA grant we had discussed earlier
o DOT is reaching out to the Village to see if there is interest in starting the application process
PSC
Wind Siting Working Group
o PSC received a response from the WI Realtors Assn.
o There remain great differences among the parties involved in these talks
Wisconsin State Telecommunications Association
o Named new President, will send congratulatory letter from the governor
8/2/2011
Page 2 of3
DHS:
Feedback from the DHS budget town halls will be posted by the end of the week on the DHS website. A new
addition on the homepage will be Medicaid data that will be updated weekly. The Office of Integrity will be up and
running with a start date of September 1
51
.
Meeting with Forbes Mcintosh and Jeff Schoenfeldt: Discussed suggested vetoes and language that they
would like kept in the budget. Passed notes to Schutt and Murray.
D W D ~
Secretary Scott Baumbach was confirmed by the Senate 30-1-2.
Education:.
Met with SE WI Schools Ass'n today in Milwaukee. We addressed questions from roughly 30 members on
everything from choice to school finance.
1. They would like to hold small workgroups with our office and education stakeholders on specific
issues.
2. Another specific suggestion was to share your long-term education policy platform. They are one of
many groups that have wanted to know what your education vision is for the next 4 years. They
asked how our various education initiatives fit into your broader plan for education in Wisconsin. We
may want to discuss this further to review our education messaging and see if we should expand on
how certain education initiatives (such as the SIS, school grading, Read to Lead, etc) fit together.
DHS Newsworthy:
GOP Governors ask Washington to give states more flexibility on Medicaid (Fox Newsl
Frustrated with the rising costs of providing health care to their poorer constituents, Republican governors from 29
states sent a letter to lawmakers in Washington on Monday demanding greater flexibility in administering Medicaid
dollars.
DWD Newsworthy:
ManpowerGroup survey: Local em(:lloyer hiring to be brisk !The Business Journal)
Milwaukee area employers expect to hire at a "brisk pace" during the third quarter and make the region the third-
best job market in the nation, according to the latest ManpowerGroup Employment Outlook Survey.
-
Education News:
Martin wasn't forced out. Reilly says (Milwaukee Journal Sentinel}
University of Wisconsin-Madison Chancellor Carolyn "Biddy" Martin was not forced out of UW, despite being
embroiled in a high-profile battle for flexibility in the face of state funding cuts, according to UW System President
Kevin Reilly.
Martin, who led an unsuccessful effort to split UW-Madison from the rest of the UW System, announced Tuesday
she is leaving her post at UW to be the president of Amherst College.
Opinion: "Waivers" Are Fine ... Back-Door Legislating Via "String"? Not So Much (Education Weekl
By Rick Hess
There seems to be some confusion about the problem with our earnest Secretary of Education's chest-thumping
promise to take things into his own hands if Congress doesn't fix NCLB by August. The problem is not that he's
pledging to waive some of the law's goofy provisions. No one is disputing that he's empowered to do so (see, for
instance, Mike Petrilli's take here).
So, what is the problem? It's that Duncan has said that he plans to attach "strings" to those waivers, so that states
will have to adopt his priorities in order to gain flexibility. He has clearly signaled that he regards this as a back-
door opportunity to promote his preferred approach to teacher evaluation, the Common Core, and such with or
without Congressional permission. This is what has so infuriated observers.
Duncan Warns Schools on Banning Gay-Straight Clubs (Education Week!
On Monday night, the school board in West Bend, Wis., agreed to allow students at West Bend High School to
form a gay-straight alliance if students who had been previously barred from doing so dropped a federal lawsuit
against the school district.
Q/'1/'1(111
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Mr. Duncan's letter to school districts was accompanied by legal guidelines from the Education Department's
General Counsel Charles P. Rose. It follows an October 2010 letter to districts about how bullying, in particular of
students who are lesbian, gay, bisexual, and transgender, may violate students' civil rights. ("Bullying May Violate
Civil Rights, Duncan Warns Schools," Oct. 26, 2010.)
Local Governments and Property Taxes:
Manitowoc Herald Times Reporter. Ziegelbauer in favor of proposed budget
Ziegelbauer believes the collective bargaining changes- that Assembly leadership said will be put into the 2011-
13 budget, if necessary- and other fiscal changes "will put us back on the path to prosperity almost immediately.
"(They will) get our financial system back under control without raising taxes and creating the kinds of incentives
that will stimulate economic activity in Wisconsin, especially compared to other states."
Stevens Point Journal. Stevens Point Area School District budget could change
-
Though taxes in the Stevens Point Area Public School District would drop under a preliminary 2011-12 budget
passed Monday, district leaders cautioned the numbers are in flux and will change somewhat before the budget is
finalized.
The Stevens Point Area Public School Board approved the preliminary budget by a vote of 8-0. Board member Lisa
Totten was absent.
The district's levy would drop by about $1.7 million under the budget, lowering the corresponding mill rate by 44
cents to $7. 93. That means the owner of a $100,000 home would pay $793 in school taxes.
l'>J:mleton Post Crescent. Appleton teacher contract extension on hold
The current contract, which was approved in March, expires June 30. The contract extension would cover the
1,050 educators represented by AEA July 1 through June 2012.
"It has to do with the insurance carrier decision-making process," Hietpas said of the sticking point for both sides.
"Otherwise we're pretty well in alignment."
Appleton's current carrier is WEA Trust.
When the AEA and the school board met two weeks ago to exchange proposals for a contract extension, the union
offered to have educators pay 12 percent of their health insurance premiums starting Sept. 1., as well as a 5.8
percent contribution toward their retirement bene Ms.
Chris Heller, AEA negotiations chairman, told the board Monday that he had been authorized by union leaders to
"offer economic concessions that will more than close the gap in regards to next year's budget concerns."
Appleton anticipates an $8 million reduction in revenues next school year.
Wausau Daily Herald. Firefighters reach deal on union contract
The agreement gives a 1. 75 percent wage increase to the union's roughly 50 members, retroactive to Jan. 1. It
does not increase firefighters' insurance contribution from 10 percent to 12. 6 percent, nor does it require union
members to pay 5. 8 percent toward their retirement.
The city's Human Resources manager, /Ia Koss, said the city asked for both the police and firefighter unions to
contribute toward pensions, but the firefighters union "would not change the language" from the 2010 contract.
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Sent: Monday, June 13, 2011 8:44 PM
Legislative Contacts:
Cindy met with Representative Kooyenga regarding AB 30- delegation of child by parent.
Assembly Session
The Assembly is scheduled to begin debate on the budget tomorrow
Senate Session
SB 93- concealed carry (as amended)
AB 148- bill to pay the bills (final passage)
SB 1 07- landlord CCAP usage preemption
SB 109- penalties for soft tissue injuries to law enforcement officers
Economic Development and Regulatory Reform
Commerce
Marinette Marine names new General Manager
o Former Congressman Beau Boulter called to report that Admiral Chuck Goddard (Ret.)
has been named as the general manager of the Marinette Marine shipyard.
QI'J/?011
o Adm. Goddard was in charge of shipbuilding at the Navy prior to retiring in 2009.
o OECD
o Confirming details and participation of WI parties for June meeting
o Working with Volz and Steve Baas
BIO International Convention
o Working with Commerce and WI Tech Council on details and scheduling
o WTC recommended restaurant venue for Monday night meeting with companies and
VIP's
Page 2 of6
Checking with Commerce to see if this would work
o Letter from the governor approved for the BIO Directory - -working with wrc on details
Mining
o Met with a member of the Lake Superior Binational Forum.
The group that works to protect Lake Superior, per the Boundary Waters Treaty.
EPA has a Binational Task Force that works on these matters, the Forum acts as
a consultant to the Task Force.
o They saw the initial ferrous mining legislation proposal and were concerned that it would
break certain provisions of our treaty with Canada.
QOT
Opposition to JFC Motion on Bidding Requirements for Public Works Projects
o Joint Letter from Counties of Marathon, Brown, Colombia, Adams, Dunn, Kenosha,
Waupaca, Manitowoc, Outagamie, Cities of Milwaukee and La Crosse and Villages of
Brown Deer and Fox Point
o Wisconsin Chapter of American Public Works Association
o Letter from Door County
JOBS Hotline
2 calls received
Education and Human Services Team
DCF was notified today by NGA that they will receive a $10,000 grant. The selection and grant is in
part of the Three Branch Institute on Adolescents in FosterCare.
R/2/2011
Page 3 of6
Interim Secretary Scott Baumbach will be confirmed by the Senate tomorrow to become Secretary of
Department of Workforce Development.
DHS Newswortffi';
FamilyCare enrollment cap in budget starts June 30 fThe Racine Journal Times)
When the program started, the purpose was to serve seniors and people with disabilities. The idea
was that it would save money because elderly people would use in-home care instead of going to the
nursing homes. But it has ended up costing the state more, said Burlington's Rep. Samantha
Kerkman, R-Powers Lake. She co-chairs the state's Joint Legislative Audit Committee, which recently
conducted an audit of the program.
_State official defends freeze on Fami!y:Care (Milwaukee Journal Sentinell
Kitty Rhoades, deputy secretary for health services, said a state audit and other data on the program
have not provided answers to how much it would cost if a scheduled unfettered enrollment expansion
were allowed. That means costs of allowing more enrollments in FamilyCare remain unknown, she
said Friday. "As it expands, (costs) are a relative unknown quantity," said Rhodes.
Proposed Medicaid cuts put NJ in National Debate (El_sociated Press)
In New Jersey's case, changes would mean a parent of two earning more than $103 per week would
be ineligible. At issue in New Jersey is a $540 million cut to state Medicaid funding that Gov. Chris
Christie proposed for next year's budget. About $240 million comes from specific program cuts, such
as $140 million dropped from nursing home coverage.
On Political ~ e d i e n c y and Health Care Reform- Guest Opinion (Kaiser FamilY Health NeJ!l'}_
Author: James C. Capretta
DWD Newsworth)';_
Finding skilled workers a struggle for Bucyrus (Milwaukee Journal Sentinel)_
As chairman of the Governor's Council on Workforce Investment, a state advisory panel, Sullivan
wants Gov. Scott Walker to change how the state spends hundreds of millions of dollars each year in
federal job training funds- and in the process, link the funds to reforms of local education programs.
The proposals would change how workforce investment boards - regional training entities - apply for
funds. They would need to justify each allocation with commitments to reform the curricula of each
region's kindergarten- through-12
1
h public schools as well as each region's technical colleges.
Education:
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Page 4 of6
The U.S. House of Representatives, Committee on Education and Workforce will markup H.R.
2117 -The bill would repeal the federal regulation related to state authorization of higher
education programs. That regulation specified that colleges that enroll students through online
and distance-education programs must seek state approval to operate in all states in which
they operate. Colleges that fail to do so may lose their eligibility to award federal student aid to
that states' students.
The School Report Card OpEd is going through an redraft to address some of Tony Evers's
concerns as well as the recent announcement on NCLB by Arne Duncan (see below).
Education News:
Opinion: Revamp No.Child Left Behind- now (Politico)
By Arne Duncan
Everyone responsible for educating children for the knowledge economy of the 21st century agrees
that America's federal education law is in dire need of reform. Teachers, parents, school leaders,
governors, members of Congress and the Education Department have all called for an overhaul of
the No Child Left Behind Act.
Education Secretarv May Agree to Waivers on 'No Child' Law Requirements (New York Times)
Unless Congress acts by this fall to overhaul No Child Left Behind, the main federal law on public
education, Secretary of Education Arne Duncan signaled that he would use his executive authority to
free states from the law's centerpiece requirement that all students be proficient in reading and math
by 2014.
5 reasons to believe progress is being made to address reading crisis (Milwaukee Journal
Sentinel)
I attended the second meeting of Gov. Scott Walker's Read to Lead Task Force recently. Unlike most
anything else going on in the Capitol, this was a civil, constructive discussion involving people of
diverse opinions. The focus of the afternoon-long session was how to improve the way teachers are
trained to teach reading.
Finding skilled workers a struggle for Bucyrus (Milwaukee Journal Sentine/1
A delegation of senior Texas government authorities met Sullivan at the airport, including the mayor
of the town of Kilgore. In a one-hour lunch, they matched Bucyrus with a ready-to-occupy factory with
every possible amenity.
More important, they asked Sullivan exactly what sort of workers he needed. Sullivan said 80 with
specific skill. The state gave Sullivan a guarantee that the workers would be waiting when the doors
opened at the expansion site in Kilgore. State officials customized a recruitment, training and
certification program. One year later, when the expansion site in Kilgore opened its doors, the 80
welders were waiting.
Q /') /'1(\ 1 1
Sheboygan Pre.ss. Editorial: State lawmakers should stop dictating to local government
Isn't it enough that Gov. Walker and the Legislature is limiting local government's ability to raise
money to provide services to local taxpayers through limits on tax levies?
Page 5 of6
The state budget provision on road work further restricts local governments' ability to make up for
reductions in state aid or shared revenue by prohibiting them from fully utilizing their highway and
public works departments.
Milwaukee Jourm;ll Sentinel. Editorial: Steps in the right direction but quite a few missteps, too
Whatever problems exist in the state budget proposed by Gov. Scott Walker and being worked on by
the Legislature- and there are problems- Wisconsin should see its first honest budget in a long time.
It requires more prudent spending by local governments. There are some problems with that, and
with the changes the state is making generally on collective bargaining, but labor costs do have to be
reined in.
Other stales face similar problems; many of them will see massive layoffs and cuts in services.
Wisconsin's budget seeks to avoid that kind of outcome /;Jv making necessarv cuts in labor costs
without lavoffs.
Education funding: Milwaukee Public Schools will be working with $182 million less than last year,
most of that from an expected loss of $82 million in slate revenue and $95.5 million in grant funding.
Tough decisions will have to be made. The School Board should have made tough decisions earlier
to prepare for this day. The district must find continued cost savings.
Last week, the School Board made the right call to ask the teachers union for concessions to save
jobs. If the teachers union agrees to a 5. 8% pension contribution, which potentially could be done
8/2/2011
Page 6 of6
under legislation by the Legislature's budget committee, 198 teacher positions could be saved.
Juvenile corrections: Legislators have voted to shut down youth correctional institutions Ethan Allen
School in the Town of Delafield and Southern Oaks Girls School in Union Grove. Juvenile offenders
would be transferred from those institutions to the Lincoln Hills correctional facility in Irma in Lincoln
County, about four hours from Milwaukee. The proposal saves $23 million but will be a hardship for
Milwaukee families. Let's rethink that one.
&mleton Post Crescent. Menasha officials say service reductions are inevitable as city
struggles to balance budget
"The most equitable way now would be for those employees who did not participate in furloughs to
start paying that 5.8 percent," Englebert said. "It's unfortunate the city police union would not help us
and take a reduction in pay," Merkes said.
Officer Jeff Jorgenson, a police union bargaining committee member, said all bargaining units were
told if they accepted a 1 percent pay increase in 2010 there would be no layoffs. He said the city has
enacted staffing reductions in the police department, never hiring another officer as discussed in late
2008 and then did not replace a lieutenant who retired in early 2010.
Legislative Meetings:
!1/') /') () 1 1
I met with Senator Zipperer's staff, Chris Reader to discuss SB 104 with Corrections staff.
Corrections had ideas to reduce the fiscal cost. Zipperer agreed and is drafting a substitute
amendment.
Mohr, Mark - GOV
From:
Sent:
To:
Cc:
Subject:
Hurlburt, Waylon - GOV
Monday, June 13, 2011 5:48 PM
Cu Iotta, Jason - GOV
Hogan, Pat - DOA; Himebauch, Casey- GOV
Daily Policy Update
Sheboygan Press. Editorial: State lawmakers should stop dictating to local government
Isn't it enough that Gov. Walker and the Legislature is limiting local government's ability to raise money to provide services
to local taxpayers through limits on tax levies?
The state budget provision on road work further restricts local governments' ability to make up for reductions in state aid
or shared revenue by prohibiting them from fully utilizing their highway and public works departments.
Milwaukee Journal Sentinel. Editorial: Steps in the right direction but quite a few missteps, too
Whatever problems exist in the state budget proposed by Gov. Scott Walker and being worked on by the Legislature- and
there are problems - Wisconsin should see its first honest budget in a long time.
It requires more prudent spending by local governments. There are some problems with that, and with the changes the
state is making generally on collective bargaining, but labor costs do have to be reined in.
Other states face similar problems; many of them will see massive layoffs and cuts in services. Wisconsin's budget seeks
to avoid that kind of outcome bv making necessarv cuts in labor costs without lavoffs.
Education funding: Ml'lwaukee Public Schools will be working with $182 million less than last year, most of that from an
expected loss of $82 million in state revenue and $95.5 million in grant funding. Tough decisions will have to be made.
The School Board should have made tough decisions earlier to prepare for this day. The district must find continued cost
savings.
Last week, the School Board made the right call to ask the teachers union for concessions to save jobs. If the teachers
union agrees to a 5.8% pension contribution, which potentially could be done under legislation by the Legislature's budget
committee, 198 teacher positions could be saved.
Juvenl'le corrections: Legislators have voted to shut down youth correctional institutions Ethan Allen School in the Town of
Delafield and Southern Oaks Girls School in Union Grove. Juvenile offenders would be transferred from those institutions
to the Lincoln Hills correctional facility in Irma in Lincoln County, about four hours from Milwaukee. The proposal saves
$23 million but will be a hardship for Ml'lwaukee families. Let's rethink that one.
Appleton Post Crescent. Menasha officials say service reductions are inevitable as city struggles to balance
budget
"The most equitable way now would be for those employees who did not participate in furloughs to start paying that 5. 8
percent," Englebert said. "It's unfortunate the city police union would not help us and take a reduction in pay," Merkes
said.
Officer Jeff Jorgenson, a police union bargaining committee member, said all bargaining units were told if they accepted a
1 percent pay increase in 2010 there would be no layoffs. He said the city has enacted staffing reductions in the police
department, never hiring another officer as discussed in late 2008 and then did not replace a lieutenant who retired in
early 2010.
1
Legislative Meetings:
I met with Senator Zipperer's staff, Chris Reader to discuss SB 104 with Corrections staff. Corrections had ideas
to reduce the fiscal cost. Zipperer agreed and is drafting a substitute amendment.
Waylon Hurlburt
Policy Advisor
The Office of Governor Scott Walker
State of Wisconsin
(608]266-9709
2
Page 1 of4
From: Kitzman, Nick- GOV
Sent: Monday, June 06, 2011 5:35PM
To: Archer, Cynthia - DOA; Brickman, Michael - DOA; Culotta, Jason - GOV; Eberle, Ed - L TGOV;
Gilkes, Keith - GOV; Hagedorn, Brian K- GOV; Himebauch, Casey - GOV; Hogan, Pat- DOA;
Huebsch, Mike- DOA; Hurlburt, Waylon - GOV; Jensen, Jodi - DOA; Kikkert, Becky-
Kitz;man Nick- GOV; Lied I, Kimberly- GOV; Murray, Ryan M- GOV; Polzin, i M
, Roetker, Patrick- DOA; Schrimpf, Chris- GOV; Schutt, Eric-
Cullen J- GOV; Yahn, Nate- DOA
l&gislator Contact:
Cindy met with Representative Mursau's Office concerning the concealed carry legislation
Representative Nass' Office called requesting to make some positive remarks about the Governor in a
eulogy the Representative will be giving this week at his in-law's funeral in California.
Tuesday's Committees Date Time Room Bill
S. Ed.ucation Exec 6/7/2011 9:00 201 SE
SB 95- omnibus mandate repeal bill
AB 94- technical changes to Choice
SB 22- Charter School Authorizing Boarc
SB 49- revocation of DPIIicense for imm
conduct
S. Transportations and Elections
Exec 6/7/2011 10:00 400SE
SB 115- presidential preference primary
SB 116- MOVE Act
S. Labor, Public Safety and
Urban Affairs Hearing 6/7/2011 10:30 330SW
SB 86- Ed. Agencies ability to refuse to e
an unpardoned felon
SB1 09- soft tissue injuries for police ollie
S. Economic Development,
Military and Veterans Affairs
Hearing and Exec 6/7/2011 11:00 411 s
Vets Board Appointments
Commerce
WEDC Board Meeting
o Confirmed next board meeting for Monday, June 13
1
h, at the Capitol
Burger Boat
o Pete Bilski, VP of HR for Burger Boat, called; supports collective bargaining changes in the budget
repair bill
o Wants to thank the Governor for funds distributed to the North Coast Marine Manufacturing
Association from the Workforce Development Board
BIO Conference
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Page 2 of4
o Working with Commerce, Bryan Renk of BioForward, and the WI Tech Council on specifics of visit
and itinerary
o Shared "Wisconsin is Open for Business" logo with Tech Council for use at the state's pavilion
DNR
Department of Interior Deputy Secretary Visit
o Met with DNR staff for background on the federal America's Great Outdoors initiative.
DOT
-
Eminent Domain (budget)
o Contact from Wisconsin Realtors Association and Wisconsin Builders Association with questions
about the eminent domain language inserted by JFC
Motor Carrier Liability
o Contact from Rep. Nygren regarding a potential amendment to AB50 (about this issue)
DRL
-
Surety Bond Agents (budget)
o DRL staff is evaluating a JFC motion that allows sureties to be compensated.
o The department has a number of concerns about how the motion was written and suggests we get
clarity.
WHEDA
-
Wisconsin Eye Funding (budget)
o There is concern about a JFC motion requiring a $5 million loan from WHEDA to cover Wisconsin
Eye's operating costs
JOBS Hotline
2 calls received
Health Care and Education
DHS
Met with Kevin Moore regarding the Office of Integrity for DHS. Kevin has conducted meetings with DOJ in the
past week and will have another this week to discuss the cross over jurisdiction work between the two
agencies. There is a need to update the DHS computer equipment. The majority of their computers are outdates;
many are more than six years old.
Education
Met with DPI on dual enrollment. They will be convening a meeting with our staff and representatives from
DPI, tech colleges, and UW-System to see if agreements can be reached to increase dual credit
opportunities.
Will work this week on a school report card Op-Ed that all stakeholders can agree on.
PHS News
Food Stamp use grows in Wisconsin (LaCrosse Tribune!
Wisconsin Public Radio news says more than 13 percent of Wisconsin residents currently receive food
assistance .
. Buyers, sellers of food stamps use Facebook to connect (Milwaukee Journal Sentinel)
A review by the Journal Sentinel part of a larger investigation into FoodShare fraud found nine Facebook users in
Milwaukee and about 70 altogether nationwide who posted to Facebook seeking to either buy or sell food
assistance benefits illegally or help others do so. Many more friends responded, and in some cases, later posts
indicated that the sales were made.
Appeals court to hear states' case against health care law (USA Today)
Of the many legal challenges to Obama-sponsored health care overhaul, the case brought by 26 states to be
Q/'")/'")()11
Page 3 of4
heard Wednesday by a federal appeals court in Atlanta stands out.
-
Education News
Newspaper's lawsuit seeks sick notes for Madison school teachers during protest (Wisconsin State
Journa/1
The Madison School District failed to follow state law when it denied the Wisconsin State Journal access to more
than 1,000 sick notes submitted by teachers who didn't show up for work in February, according to a lawsuit filed
by the newspaper Thursday.
What does the future hold for education in Wisconsin? (Milwaukee Journal Sentine/1
Mr. Educational Landscape Watcher here, with his jaw hanging open while he thinks about a few questions that
boil down to this: What next?
In January, Gov. Scott Walker told a convention of school board members and administrators from around
Wisconsin that he was going to give them new tools to deal with their financial issues. Narve me- I thought he
meant bigger hammers and saws.
Oneida Co\IDl)l Savings from Budget Repair
Indeed, Sorenson has said, the county would start the next budget cycle $450,000 in the red, because that's the
amount of general fund revenue the county applied to keep the levy at zero.
That amount would have to be applied every time, or officials have to figure out how to replace it, either through
spending cuts or revenue enhancements. Obviously, the county cannot dip into its piggy bank forever to avoid a
tax increase.
If Walker's collective bargaining bill is enacted, that will help. Having employees chip in 5. 8 percent of their
salaries to the state retirement fund would save the county about $645,000 a year, Sorenson has said, and
Walker's proposal could net the county another $245, 000 a year if the county opted into the state health plan.
fu1pleton Post Crescent. Editorial: Budget provision bad for local governments
So what's behind it? As Ellis said, "The only ones who seem to benefit are the road builders."
Exactly. In fact, the business manager of the International Union of Operating Engineers Local139, based in
Pewaukee, told his union that, during the 2010 campaign, Gov. Scott Walker "told me that the day he is sworn in,
the public sector is out of the road-building business."
Wisconsin State Journal. Budget committee removes changes to phosphorous controls from budget
Co-chairs of the Joint Finance Committee said Friday that Senate and Assembly Republicans couldn1 agree on
what to do, so a separate bill will be introduced on the issue to be considered later.
Wisconsin State Journal. City salaries: Bus drivers no longer top the list of highest earners in Madison
government
Bus drivers should fall further from the top tier of city earners due to new contract provisions that took effect this
year that give Metro management more flexjbi/itv in using part-time operators, make employees work while
suspended, and tighten rules for drivers getting extra work, officials said.
After contract changes that began this year, driver overtime costs in the first quarter this year was down $140, 000
compared to the same period last year, he said.
Veterans:
Ben Collins, John Townsend, John Gaedke, and Alan Richards are on track to be confirmed by Senate
R/2/2011
Page 4 of4
committee and the full Senate this week. SB 97 is set to be taken up by the full Senate as well.
Corrections:
o I had a meeting with Senator Zipperer's staff regarding SB 104 with Corrections staff. There are concerns
with the cost of the bill to require GPS tracking on certain domestic violence offenders. The department is
working on suggested changes and Senator Zipperer agreed to postpone the committee vote on the bill.
Concealed Carry:
We spoke with Chief of Police in Fox Point (Thomas Czaja- "Chiya"). He does not support concealed
carry, but understands the bill will probably be passed by both chambers, and signed by the Governor. He
would like to see recurring training required on an annual basis, coupled with a permit requirement.
Additionally, anyone who is caught with a concealed weapon and has neither a permit nor the required
training to be charged with a felony, not a misdemeanor.
R/2/2011
Page 1 of2
Sent: Friday, June 03, 2011 6:22 PM
Representative Coggs will be meeting with the Human Services Team to talk about the details of her idea
on a task-farce to help re-train minority workers.
JFC should be through with the budget either late tonight or early tomorrow morning.
Economic DeveJQnment and Regulatory Reform Team
Commerce
Wisconsin-Switzerland Trade Mission
o Received letter frorn the Ambassador to Switzerland inviting you to visit Switzerland on trade
relations
Manufacturing Skill Standards Council (MSSC)
o Interested in further developing its partnership with Wisconsin industry, state government and
education regarding workforce development and commerce issues
Bio Conference
o Working with WI Technology Council and BioForward on specifics and on schedule
DOR
o TIF Districts
o Answered questions from the Mayor of Osseo on a TID they want to arnend to reflect annexed land.
o There was a problem with the timing of the application being before the land was officially annexed,
which made DOR deny the application.
Branch Legislation
Tourism
o DOR has provided a preliminary analysis of the motion by JFC.
o They have identified a number of technical changes that could be made.
Met with WisDOT to discuss freight rail initiatives and potentia\ legislation about road weight limits.
Contact with a business owner concerned about road weight limits. Subsequently made contact with
the City of Stanley and Town ofThorp regarding his concerns.
United Performing Arts Fund "Ride for the Arts"
o Badger Meter, Inc. sent letter thanking the governor for his support of the ride for the arts
PSC
Wind Siting
o PSC put together wind proposal and will be meeting informally with stakeholders to hear and gather
their thoughts and ideas
Energy Production
o Governor Parnell of Alaska wrote a letter to Governor Walker requesting him to craft a letter (similar
to his and sent to the Alaskan delegation) urging increased domestic energy production
JOBS Hotline - 2 calls received
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Page 2 of2
-
DCF
Meeting with Jim Leonhart regarding Early Childhood incentive for "Read to Lead".
Education
Evers met with WEAC, and they are on board with the concept of school grading. Contacted Kestell and Olsen
about the newspaper op-ed
Education News:
The Long Reach of Teachers Unions (EducationNeJfil
"If you think it's far-fetched to suggest that a teachers union could play the role of political kingmaker, think again.
The largest political campaign spender in America is not a megacorporation, such as Wai-Mart, Microsoft, or
ExxonMobil. It isn't an industry association, like the American Bankers Association or the National Association of
Realtors. It's not even a labor federation, like the AFL-CIO. If you combine the campaign spending of all those
entities it does not match the amount spent by the National Education Association, the public-sector labor union
that represents some 2.3 million K-12 public school teachers and nearly a million education support workers (bus
drivers, custodians, food service employees}, retirees, and college student members. NEA members alone make
up more than half of union members working for local governments, by far the most unionized segment of the
U.S. economy."
Q /') /')011
Page 1 of4
Sent: Monday, May 16, 2011 6:49PM
Senate and Assembly Session Tomorrow
SB 15- repeal of the collection of certain traffic data (final passage)
SB 57- repeal of early release (final passage)
AB 23- disinfection of municipal water supplies (final passage)
AB 7- voter ID (final passage)
-
Today's Committee
SB 95- omnibus education bill had a joint hearing in the Senate and Assembly Education Committees.
AB 129- venture capital bill had a joint hearing in the Senate and Assembly Economic Development
Committees.
Commerce
Venture Capital
o Assembly and Senate Joint Economic Development Hearing on venture capital bill today
o Sen. Groth man opposes CapCo Model
o Hearing went well - broad support from industry
Orion Energy Systems
WHEDA
o Meeting with Kevin Crawford and the company COO to discuss issues on energy efficient
investments
o Also, Orion is possibly interested in the use of a presently vacant facility in Manitowoc (former Busch
facility) for some of its operations
Venture Capital
o WHEDA applying in June for funds from the Fed for their proposed venture capital fund
o If Feds approve funds for WHEDA, will not need legislative approval for creation
Credit Unions
o Cooperative Network against JFC action regarding credit union conversion into mutual savings
banks
JOBS Hotline
1 call received
DATCP/DOT/Commerce
Truck Weight Limits
Rl?/?011
o A small group met to discuss this issue.
Timber groups, the WI County Highway Association, Senator Leibham's office, and Gold'n
Plump were represented on top of agency staff.
o DOT has proposed that we can set the state limit for truck weights at 90,000 lbs on 6 axles.
o This weight distribution satisfied those present and the cost of the weight increase does not exceed
benefits.
Page2 of4
Current weight limit is 80,000 lbs on 5 axles.
o DOT would like to start the process of convening a task force to look into establishing priority routes
for industries to use.
This will help determine where to invest in infrastructure.
IJWQ
Met with Georgia from DWD on Money Mission" a video game for high school students that the department is
considering to promote a greater understanding of financial literacy. The game takes students through a variety of
employer opportunities from the hiring process to the management of their own business.
Education
A joint education hearing was held today on SB96 which makes a number of mandate-related changes.
The authors (Kestell and Olsen) testified for a couple of hours and seemed open to making some changes
to the bill.
The Rocketship schools people were happy to hear that SB 20 (charter school buildings) passed.
Held interviews today for the UW Board of Regent student (traditional and non-traditional) positions. Eric
Esser will have our recommendations.
DHS News
Editorial: Lawmakers No easy fix for Wisconsin .!Nl!lth care (AQQJ?ton Post Crescent)
It appears the increase in enrollment during the five-year period put Wisconsin on a path toward promising
beyond what it could afford. But the $6.6 billion Medicaid budget in 2010- comprised of both state and federal
dollars- was years in the making and had as much to do with trends in the health care industry as the state's
commitment to provide low-cost insurance for low-income families.
Editorial: Other view- SeniorCare works. so don't cut it (Wausau Dailv Herald)
Fortunately, several Republican legislators agree on the value of SeniorCare and oppose Walker's proposal. With
their party holding the majority in both the Assembly and the Senate, their support will be crucial. Let's hope they
win out. SeniorCare does work.
Wait lists loom under proposed freeze on FamilyCare (Wausau Dailv Herald)
One problem counties might face is that since becoming part of the FamilyCare program, they no longer have
staff members or resources to help people waiting for the long-term care provided through FamilyCare.
DCF News
Editorial: Child support collection cuts hurt families (La Crosse Tribune)
Once that money is collected, it often frees children and families from being dependent on other state-funded
programs. Talk all you want about waste, fraud, and abuse. These are children in need- children who need and
deserve support.
Education News:
The Failure of American Schools (The Atlanticl
Three years ago, in a New York Times article detailing her bid to become head of the American Federation of
Teachers union, Randi Weingarten boasted that despite my calls for "radical reform" to New York City's school
system, Mayor Michael Bloomberg and I had achieved only "incremental" change. It seemed like a strange thing
to crow about, but she did have something of a point. New York over the past nine years has experienced what
Robert Schwartz, the academic dean of Harvard's education school, has described as "the most dramatic and
thoughtful set of large-scale reforms going on anywhere in the country," resulting in gains such as a nearly 20-
point jump in graduation rates. But the city's school system is still not remotely where it needs to be.
Arts, gym to take a hit at MPS (Milwaukee Journal Sentinel)
With MPS proposing the elimination of 28 full-time art teachers, 37 full-time physical education positions and 20
full-time music positions, the arts, as most adults know them, could be dead next year in city schools.
Parochial scho_ill!;__try to keep music, art at all costs (Milwaukee Journal Sentine!l
While arts education is likely to take a hit in urban public schools due in part to Gov. Scott Walker's biennial
budget, many private schools remain committed to providing specials, though parents in some cases pay extra for
8/2/2011
Page 3 of4
it.
Grl)en S a ~ private schools want school-choice voucher program, too (Green Bay Press-Gazette!
Representatives of three Green Bay private schools and private-school advocates joined today to support a plan
to bring a school-choice voucher program to Green Bay.
Proponents of the plan say the program would provide lower- to lower-middle income families an opportunity to
send children to private or parochial schools.
Couple will match class of 2011's donations (Wisconsin State Journal)
Frequent UW-Madison donors John and Tashia Morgridge have pledged to match gifts that this year's graduates
give the university. Through Dec. 31, the Morgridges will match gifts ranging from $20.11 to $120.11 to support a
graduate's college, school or department, or the university as a whole.
Local Government and Property Taxes:
Wausau Daily Herald. Firefighters, police officers to fight bill that would limit their collective bargaining
ability
Given the recent election successes of Republicans statewide, Klug thinks many voters whose personal finances
have suffered have turned on unions, whose members often are long-tenured employees with good benefits.
"Things have taken a turn with the economy, and (unions) are sticking out a bit," Klug said. "It's too bad. I'd hope
people would look at the unions and see how they have protected workers' wages and benefits."
Sheboygan Press. Sheboygan area officials upset over tax freeze proposal
Sheboygan Mayor Bob Ryan has a mixed view on the tax freeze proposal, saying that "it makes sense and it
doesn't make sense."
"We've been trying to hold the line on taxes here in the city for the last six years," Ryan said Saturday. "One thing
it does do is it takes all taxing entities and makes them all follow the same guidelines. Our school district has
raised taxes significantly year after year; I find it counterproductive for us here in the city to continue holding the
line on taxes when other entities don't. So from that respect I can't say I totally disagree with it.
Justice:
Milwaukee Journal Sentinel. GOP panel cuts plan for prosecutor raises
Less than a week after state prosecutors appeared to have won a showdown with Gov. Scott Walker over
additional furlough days before July, they suffered a different funding defeat at the hands of the Republican-
controlled Joint Finance Committee.
The committee late Thursday nixed a proposal from Walker's initial budget plan that would have generated $2
million for prosecutor raises over the next biennium from a surcharge on court filing fees. The funds were
intended to slow what prosecutors say is damagingly high turnover among the ranks of experienced staff.
But law enforcement agencies argued that same $2 mJ1/ion is crucial to maintaining an electronic file-sharing
system that allows greater cross-jurisdictional coordination.
Veterans:
The Petersen veteran's board bill will be voted on tomorrow. It is expected to pass. Hopper mentioned to
the Petersen office he may be scheduling a hearing on the bill the 25th
Waste, Fraud and Abuse:
I had a meeting with DOA analysts, payroll employees, and Matt Moroney to discuss a Fair Labor
Q/')/')()11
Page 4 of4
Standards Act issue that may be inflating hourly wages. OSER is recommending changes and the
compensation plans should be able to improve this as well. It may become part of the WFA
recommendations.
Concealed Carry:
Wisconsin State Journal. Editorial: Aim for sensible gun Jaw
Permits and background checks shouldn't be viewed as Big Brother intrusions. They're similar to what Wisconsin
has long required for anyone who wants to drive a motor vehicle on public roads.
Wisconsin's gun debate has moved past the competing and contradictory data on crime statistics before and after
certain states allowed their citizens to carry concealed guns.
Corrections:
O s h k o ~ h Northwestern. Bill would repeal the state's Early Release Program
"The general public views it as dangerous," Suder said. "It is viewed as a closed-door process that is suspect
because you have nameless, faceless bureaucrats who are letting people out."
Winnebago County District Attorney Christian Gossett said the early release program was not put together
correctly by Doyle because it doesn't require input from others involved the judicial process.
"If you're not willing to let anyone know what you're doing, it's a budgeting gimmick," Gossett said.
8/2/2011
Page 1 of5
Sent: Tuesday, May 31, 2011 7:30 PM
To: Gilkes, Keith - GOV; Schutt, Eric- Schrimpf, Chris-
Hageclonn, Brian K- GOV; Murray, Ryan M- GOV:I Ed-
L TGOV; Way\on - GOV; Lied\, Kimberly - GOV; I Jason - Cindy M -
GOV; Kitzman, Nick- GOV; Brickman, Michael- DOA; Yahn, Nate- DOA; Ro<9tkelr., Patrick- DOA;
Himebauch, Casey - GOV; Kikkert, Becky - DOA; Hogan, Pat- DOA
Subject: Fw: Daily Policy and Legislative Update
From: Kitzman, Nick- GOV
Sen.t: Tuesday, May 31, 2011 06:27 PM
Both the Assembly and the Senate Republicans wi\1 be caucusing tomorrow on the budget.
Wednesday's Committees Date
A. Tourism, Recreation and
State Propoerties Hearing
A. Children and Families
6/1/2011
6/1/2011
Time Room
10:00 328 NW
10:00 400 NE
Bill
AB 49- including snowmaking in the definit
of manufacturing for sales and use tax
purposes
AB 125- membership of the State Trails
Council
(Info) Briefing from DCF
(Exec) SB 42- mandatory reporters for sch
district employees
(Hearing) AB 42- paternity based on genet
test resu Its
.Commerce
Secretary Jadin
o Confirmation hearing- Committee voted 7-0 In Favor of Sec. Jadin to be the CEO of the WEDC
WI Technology Council
o Tom Still has requested again that an Executive Order be issued recognizing the WTC's role
Tom Joseph, CEO of Magnum Products in Berlin
o He had written the Governor asking for assistance in expanding in Wisconsin
They hope to double their employment from 250 to 500
o Placed him in touch with Commerce to review what assistance is available
Sears Corporation HQ Land Site
R/?/?.o11
o Received a letter from Dave Kohel Agency, Inc., a real estate company with property on \-94 in
Kenosha Co. for sale, and is interested in selling this property to Sears, if they would be interested
Page 2 of5
DATCP
DBA
DNR
o Met with DBA representatives to talk about their "Renew America's Dairyland Task Force."
o They want to set up this group in order to look for ways to increase milk demand in Wisconsin, thus
encouraging more production.
As opposed to artificially managing the milk market through supply controls, they want to
emphasize risk management
The task force will come up with tools that individual farmers can use that will help them
be successful in an ever-changing market.
One way to do this is to expand and create our foreign markets for our dairy products like
cheese and whey.
o DBA will provide a scoping statement that will contain more specific details and goals for the task
force.
Stewardship
o Met with George Ermer! and Bill McClenahan from Gathering Waters
o They would like our office to check in with them if we intent to issue any partial vetoes on these
provisions
Railroads
Tourism
o Met with Sam Gratz regarding the Office of the Commissioner of Railroads
He would like to see the Commissioner's position preserved
Informed us that most of OCR's issues deal with rail crossings
o Also discussed were complaints Wisconsin businesses have had about Canadian National's service
on the old Wisconsin Central lines.
Our office will have a follow up meeting with CN on Thursday
Time Share Legislation
o Sec. Klett and Dep. Sec. Fantle met with the American Resort Development Association to hear the
group's proposals and ideas
Venture Capital
Met with Reps. Klenke and Tauchen to discuss the status of the legislation
Interest in Fund of Funds Model
o Spoke with an out-of-state fund manager that hoped to see the Venture Capital bill enacted quickly
and was willing to provide the 3-1 private match to the Badger Jobs Fund.
Modernization Bills
o Receiving feedback from the WBA on initial drafts
JOBS Hotline - 1 call received
DHS
Met with Rep. Kerkman and Kenosha County Human Services finance team. DHS staff joined the meeting
to understand the specific details regarding how Kenosha County claims their "wrap around" services as
part of IM and how other counties claim IM differently.
Meeting with Disability Rights Wisconsin in regards to FamilyCare and mental health.
Discussed the OCI technical bill with Rep. August. In the upcoming week or two, the Senate and Assembly
committees will introduce the technical bill as a committee bill. Timeline is to have this bill to be signed by
the governor no later than July 1st.
Education
We will follow up with Read to Lead Task Force members to schedule dates over the summer, possibly in
other cities.
Q/')/')flll
Page 3 of5
Howard Fuller supports choice expansion to Racine and Green Bay as long as there are income limits
WI ranks 3rd nationally in high school graduation according to a new embargoed study by Education Week.
A new nationally standardized graduation rate will lower Wl's official rate by 7-8 points from 89.0% to 81.3%.
Tony Evers will be meeting with stakeholders on school report cards later this week.
DHS News
Republican governors move ahead on health
A small but growing number of prominent, Republican governors- including Mitch Daniels, Haley Barbour and
Scott Walker are taking the lead to shape a key component of the health care overhaul their party fought so hard to
kill.
Education News
Education spending in state higher per-student than 2009 national aver"!ruLQ.1'IAQJ.
Census figures show that Wisconsin schools spent more-per -student than the national average in 2009.
But a state education official says the Badger State is losing its standing as one of the top K-to-12 school systems
in the country.
Texas House Votes to Cut School Spending by $4 Billion (APJ
The House has voted to cut Texas public school funding by $4 billion.
Voting largely along party lines, lawmakers approved the cuts Sunday on a 84-63 vote in the Republican-controlled
House. The Senate was still debating the bill late Sunday night.
Poll measures support for school vouchers in Racine, Green Bay (Milwaukee Journal Sentinel)
In the poll of voters in the Racine Unified School District, 55% said they would favor creating a school choice
program for low and middle income children in Racine, while 33% said they opposed it. The partisan support
skewed Republican, with 65% of Republican voters in favor, 46% of Democrat voters in favor, and 57% of
independents indicating they would back the voucher program's expansion in their community.
Priority should be kids' reading, not politics (Milwaukee Journal Sentinel)
Since being named to Gov. Scott Walker's Read to Lead Task Force, I have come under some political scrutiny by
those who oppose the governor's conservative agenda, most notably his attempt to disenfranchise teachers of their
right to bargain collectively. Evidently, there are some who feel that it is acceptable to thwart an initiative that seeks
to remedy the deplorable state of reading achievement in our state and use it as a weapon to extract some
measure of political redress.
Green Bay Press Gazette. Delay on water pollution rules stirs debate
The DNR estimated that the cost of the new regulations to industry and municipalities would be about $900 million
over the next 10 years.
But Scott Manley, director of environmental policy for Wisconsin Manufacturers & Commerce, which supports the
two-year delay, said the DNR's estimate is too tow.
"Although we're very disappointed that a detailed cost analysis wasn't drafted, and we believe it should have been
if the statutes had been followed, the municipal wastewater industry predicted that the total cost could be $3
(billion) to $4 billion."
State Sen. Robert Cowles, R-AI/ouez, said the phosphorus rules shouldn't be part of the budget debate.
"I've been arguing to take it out of the budget," Cowles said. "I think the issue needs to have public hearings and
not buried in a budget. It's not the most important issue in the world, but it is an issue. I find this very troubling and
leaves people with a bad taste in their mouths."
Manley said the rules were rushed through the Legislature last year because DNR officials feared that a
Republican victory at the polls would make it more difficult to get approval.
R/2/2011
Page 4 of5
Walworth County Today. Newly ratified Palmyra-Eagle teacher contract eliminates seniority
The one-year agreement was ratified May 23, 2011 at a special board meeting.
The new agreement puts the district close to balancing its budget for the 2011-'12 school year, Superintendent
Glenn Schlender said in a news release. The district had faced a $1. 15 million budget shortfall.
3. There will be a significant increase in the employee contribution toward health insurance premiums. Teachers
will pay 15% of the premiums toward health insurance. Formerly, the teachers paid $5 per month for single; $10
per month for family.
t\.QQ.Ieton Post Crescent. Appleton schools, teachers union to consider contract extension
"We need some employee concessions in order to balance our budget, and without the budget repair bill
provisions, we really can't do it," said Don Hietpas, the school district's chief financial officer.
Appleton is looking at an $8 million reduction in revenues in 2011-12, said Hietpas, adding that right now, with the
collective bargaining measure in flux, "we don't know when we can recover that money."
Janesville Gazette. Clinton teachers agree to salary freeze
The district also will switch from the Wisconsin Education Association Council insurance to a Dean and Mercy
combination and Delta Dental insurance, school board President Rob McConnell said.
The changes will prevent layoffs or program cuts, according to a news release from the district.
Teachers will work under a salary freeze in the 2011-12 school year, the release states. They will get pay
increases for step and lane movements, which reward teachers for the number of years worked and the continuing
education received.
In the 2012-13 school year, teachers will get a 1. 5 percent raise and will get lane movement but not step
movement, the release states.
They will contribute the full employee share to the Wisconsin Retirement System, the release states.
Teachers will contribute 8 percent toward their health insurance next year and 10 percent the following year. They
will eventually pay 12.5 percent to match what state workers will be required to pay, McConnell said.
Clinton teachers do not now contribute any money toward health insurance, he said.
Milwaukee Journal Sentinel. School districts press to reach agreements
The current contract for West Allis-West Milwaukee teachers expires June 30.
Rather than negotiate a new contract, the district in early May asked teachers to consider a limited agreement for
the 2011-'12 school year. The school board approved the memorandum of understanding last week.
The agreement aims to avoid a layoff of 175 to 200 teachers, said Superintendent Kurt Wachholz. The district is
required to give layoff notices by June 1.
The pact requires teachers to pay 10% toward health insurance premiums and higher deductibles and/or co-pays
on a plan design change that saves 15% to 20% over the current plan. It requires them to pay into the Wisconsin
Retirement System; reduces retirement benefits through a graduated retirement plan; and creates a district-
developed employee handbook for all issues not addressed in the agreement.
It discontinues the practice of union dues being taken from employee paychecks. It also includes a 1% salary
increase. Inflation-rate wage increases would be allowed under the collective bargaining bill.
The Menomonee Falls School Board took a different approach, approving a two-year contract to replace one that
expires June 30, despite the protests of about 100 residents at the meeting.
R!?/?011
Page 5 of5
Negotiations for a new contract began last October, said Superintendent Keith Marty. The district and teachers
union had been considering a change in insurance carriers to save the district money before the collective
bargaining bill was introduced, he said.
With anticipated state aid cuts, the district faced a $5 million deficit, Marty said. The insurance contract expires
June 30, and the district is required to give 30 days' notice of a switch.
Switching from WEA Trust to Humana will save the district $1.3 million per year. Teachers will contribute 8% to
15% of the premium.
The second year of the new contract also includes merit pay language and language to guide layoffs away from
seniority, Marty said.
By requiring teachers to pay their share of the retirement plan as of July 1, the district saved another $1.5 million
per year, he said.
Veterans:
The Petersen veteran's board bill passed a Senate Committee with Senator Cullen in support of it
We reached out to former state representative John Townsend and a Senator Kapanke recommendation
Dan Bohlin to apply to serve on the Veterans' Board.
Legislative Council seems to believe Carl Krueger is eligible to serve on the board. We are getting the
memo in case we need a backup name for the board from the 4th congressional.
R/?/?011
Page 1 ofS
Sent: Tuesday, May 10, 2011 7:38PM
Committee Activities of Note:
SS SB 13- TeleCo Bill. Passed Senate: S-0.
Floor Session
Both the Senate and Assembly are in on Wednesday
o Senate Bills of Note: TeleCo, Early Release and 19 Appointtnents
o Assembly Bills of Note: TcleCo, Voter ID
~ l a t i v e Contacts
Followed up \vith Representative Severson's Office about having WEDC be in touch '.vith Sheer Wind
Inc. about possibly expanding their business operation to Osceola.
Followed up. with Rep. Ripp regarding the flooding of Crystal Lake
Talked with Rep. Kooyenga about his child placement bill, AB 30.
Talked with Rep. Pridemore regarding REAL ID
Wednesday's Committees
S. Public Health, Human
Services and Revenue
Hearing and Exec
A. Homeland Security and
State Affairs Exec
Date Time Room
5/11/2011 9:00 400 SE
5/11/2011 9:30 328 NW
Bill
Appointtnent of 3 people to the Funeral
Directors Examining Board
AB 113- changing the boundaries of
Marquette and Green Lake Counties
Economic Development and Regylatory Reform Team
Commerce
Enterprise Zones legislation
o Passed the State Senate this afternoon
Dave Volz and Mike Klonsinksi met with Sen. Hopper
o Discussed funding sources for WEDC and other budget provisions
NFIB messages from earlier teleforum with Gov. Walker
8/2/2011
o NFIB director Bill Smith shared a number of member questions and messages with our office
today from that telefotum; we will respond.
Page 2 of5
Stillwater Bridge
o SB 26 relating to bonding authority for major interstate bridge projects passed the Senate 23-10
o Governor Dayton issued a letter to Congresswoman Bachman giving her a deadline of
September 30, 2011 to get federal authorization for the project.
o Contact with office of Congresswoman Bachmann
Congressman Mica advised Sec. Gottlieb about the pending reauthorization bill.
DNR
DNR/DOT Cooperative Agreement
o Staff from DNR and DOT will be setting up a meeting to discuss their Cooperative Agreement.
o Due to transportation projects inciting DNR 1ules, the two agencies created this agreement.
o 'They hope to create a better, more sintplified relationship.
Venture Capital
Conference call with Wisconsin VC industry representatives
o Discussed details of the legislation and fielded questions from stakeholders
NGA Milwaukee Site Visit
May 19th: NGA scheduled staff visit to Milwaukee: Susan Dotchin, NGA special events coordinator,
issued a statement that Wisconsit1 is potentially in the running for the 2013 SUU101er Meeting with Alaska
(confirmed) and Conn. (most likely dropping out). All of the other interested states have sit1ce withdrawn
their bids. Wisconsin is well on its way to be the host state.
Education
Met with WI Council on Religious, Independent Schools board members to answer questions about
the budget and other education initiatives
Continued to expand stakeholder suppo1t around school report card proposal. Most stakeholders feel
strongly that the report card must include growth (value-added on tests) and attainment (proficiency
on tests) measmes as well as od1er items.
Met with MMAC on education issues.
Health Care News
BadgerCare Plus Basic Audit:
Audit finds shortfall in state health care plan (Mi!JVaukee Joumal S e n t i n e ~
BadgerCare in financial trouble (fanestJiJ!e Gazytte)
OCINews
Financial impact of Wisconsin's auto insurance law questioned (Appleton Post Cmccnt)
Insurance experts and opponents of a new, bipartisan-backed auto insurance law that reduces mit1in1um
coverage standards to pre-2010 levels say there's litde evidence the measure will achieve its priniary objective:
lowering insurance costs for Wisconsin diivers.
Education News
Walker: Budget could expand school choice to other cities (Milwaukee Tournai Sentinel)
Gov. Scott Walker wants to bring voucher schools to urban areas beyond Milwaukee, and predicts lawmakers
will approve that expansion by the end of June.
R/?J?Oll
Page 3 ofS
"I think one of the things between now and the time we finish this budget off at the end of }w1e, we're going
to be able to add and go beyond the boundaries of the city of Milwaukee and Milwaukee County. We're
actually going to be able to add communities like RAcine and Beloit and even Green Bay because every one of
those communities deserves a choice as well, and with this (state) budget that's exacdy what they're going to
get," Walker said in a speech to school choice advocates Monday in Washington, D.C.
Walker touts school choice as economic growth tool (AP)
States need educational options such as school choice to gnarantee an educated workforce and a resulting
economic boost, Wisconsin Gov. Scott Wallcer said Monday night at a national meeting of school choice
supporters.
"We know if we're going to have sustained economic growili we've got to have an educated workforce,"
Wallcer said in a keynote address at the National Policy Summit of the American Federation for Children in
Washington, D.C., that was broadcast overt the Internet.
Local Government:
Green Bay Press Gazette. Ashwaubenon teacher contract extension approved
Il1e contract '"qttim teacbm to pay 12.5 pen"nt if bealtb ziwmmce ptvmiums and 5.8 percent if tbezi sa lades tmvard
tvfinment benifits.
It eliminates post-t"tirement benifits for tbose biml after tbis scbool yem; and includes a salary i11cnase if $67 5 per teacberfor
tbeyear.
Tbe contract nd11ces sick-leave acmm11lated days to 60 from 90, a11d tbe scbool calendar is '"moved as a bargaining item.
AsbJJJaubelloJI Scbool Disttict officials say cbanges to tbe co11tract 1vill help absorb most if an eo..pected $1.2 million dificit that
could ocmr under a pmposed state biennial budget.
La Crosse Tribune. 'Buy Local' grants in jeopardy
Holcomb rejmnced a rcpott fivm the Dcpmtmmt if AgtiCIIIttm, Trade and Co11sumer Protectiott shmving Btty L o c a ~ Bt!)l
JP"ismttsin generated 4 9 jobs, $4 milliott ill sales and $'190,000 in state and local tax '"venues in its first two years.
"TheJv jttst amt't a11y otber state tuources like this out tim" to get local food efforts up and mm!ing," she said.
But DATCP Sec1#ary Ben Brcmce! begs to di[fe1: He 11otes the depadmellt is mai11taini11g its Bt!)l Local stctjf person a11d still
can rifler tech11ical assistance if 11ot actual dollars.
"!Pe've been able to gathergood tiljiJimatiott 011 bmv some if these b11sinesses have contintted on eve11 after tbe grant mo11ies /Vel"
go11e," be said. "That's expeJtise 1ve can 11ow sbmv."
The Capital Times. MA TC unveiling plan to fill $10.3 million budget hole
To fill the ,WI 0.3 millio11 bole, Price says the college fotmd $6.4 million til savi11gs fivm employee contract adjustme11ts. !11 late
March, jill-time faCility and support staff ag1ved to reJVork existing t111io11 contracts -- 1vith most taking cuts in take-home pay in
tdum for asstmmces fivm the school tbat it JVi/1 make every effott to avoid layoffs. At tbe same time, pmt-time tead1ers signed off
Rl21201l
Page 4 ofS
011 a co!!egejiiend!y deal, while members if the MATC administration also mv taki11g cuts zit take-home pay. This figure also
includes abo11t $162,000 ill health insm"(Jnce savi11gs.
"lJ7e Jvork zvith our insllratzce companies thzv11gh a committee if emphyees," explains Plice. "So we really tvork hard on
adjusting ottr covemges and deductib!es a11d at diffemtt options to save money."
Ptice said another $2.3 million JVZt! be saved by not fil!itlg 23 open positions. That number incl11des 10 fiill-time teacbitlg lines
and six vacant administrative posts.
The school plans to save another $800,000 by having vmio11s comers if the college commit to zvdmitlg ooe1time aiJ(/ finding zvays
to mtz motv efficiently, and another$750,000 camefivm tvllelltte adjustments.
Veterans:
Kelli Thompson met with me to discuss the creation of a statewide veterans court coordinating
council. V cterans having problems financially, physically, and mentally transitioning back to civilian
life from active duty is an issue and the current piecemeal approach is not working as effectively as it
could be. We will look into it.
Waste, Fraud and Abuse:
The Chippewa Herald. Analysis: Over 160 state employees reel in $25,000 or more in overtime pay
Eliminating collective bargaining could curtail costs
That's because some employees' overtime pmcedum a1v 1Jllitten into their specific collective ag1wments. Pending the
outcome if Gov. Swtt Walker's mzio11 reform laJJJ, c11rmzt!y stalled in comt, that cott!d change.
If implementezl, lJ7a!ker's latv, zvhich eliminates except for salary, for most if the state's public zmion
employees, shottld help, said Chlis S c/meider, a se11iorfellmv with five-market thi11k tank Wisconsin Policy Research [JJstitute.
Prevailing Wag!':
Mary Williams released her version of prevailing wage repeal. It sets a two-tier threshold for single and
multiple trade projects ($50,000/$250,000). It indexes the threshold and exempts local governments
under 10,000 population. It repeals many of the other Act 28 prevailing wage changes and some other
tweaks as well that mostly lean toward a minimizing of the prevailing wage law.
Concealed Carn:
Wisconsin State I ournal. Law enforcement leaders urge changes to proposed concealed carry bills
"Public safety tvtll be etJhanced if !mv-abidtitg citizens can carry concealed at o11r zoos, outside ailports and festillals like Brat
Fest," Mursatt said.
Gal!mvay said some of the states that cmnnt!y allow concealed carry do 11ot have training mandates, and halle 11ot sem inmased
pmblems compmvd to those that reqttilv tmini11g. But she said lmPmakm are eager to get feedback and may make to the
legislation.
"I'm intemted in hemi11g the tJietvs at tbe p11blic hearing," Ga!!oJPay said. "We'tv iiJtemted ill comtitg ttp tvitb a btl! that's good
for the people ifiV"isco11si11."
R/?J?011
Page 5 of5
Corrections:
The early release repealed passed a senate subcommittee today 3-2.
Two sex offenders are being released in the city of Waukesha today. They will be homeless because of
Waukesha's ordinance and corrections cannot pmvide them housing because of the ordinance as well.
They were offered housing somewhere else but declined. They voluntarily agreed to GPS monitoring.
Corrections is preparing a statement if the press asks and local authorities will be notified as required.
Voter ID:
Wausau Daily Herald. Edit01ia!. Voter ID bill is harmful and unnecessaty
Tbe bill is expected to be taken up by tbe Assemb!J' on !17ednesday, and in the Senate soon crfteJ:
!17e ask our focal legis/ohm, Ripnblicans and Democrats alike, to IJOte against it and Gov. Scott !17afker to veto the bill if it
gets to bis desk. It is a solution in search of a problem. It would impose mmecessary 11e1v burdens 011 clerks and dsk 1raf bmm to
democratic participation in the state.
S/2/2011
Page 1 of6
Sent: Monday, May 23, 2011 5:51 PM
Subject: Daily Policy and Legislalive Briefing
********Today's update also includes last Friday's update that was not sent out********
..I.JllJislative Affairs Team
Representative Knudson called regarding the Governor possibly going up to the Hudson area
Representative Petersen's Office called asking for the details for an event the Governor will be at in Waupaca on Thursday.
Senator Jauch's Office called regarding tuition reciprocity in the budget.
Tomorrow's Committee Calendar
JFC will be holding an executive session tomorrow. Several items are on the calendar including DNR- water
quality and DHS- medical assistance.
Tuesday's Committees Date Time Room Bill Author
DOA-St
Croix
Waste Fraud Abuse 5124/2011 9:00 ROom
Local Government Consolidation and CESAs xxxxxx
JCRARExec 5124/2011 9:30 300SE
Rules relating to the development of best
management practices to control emissions of
hazardous air contaminants from agricultural
waste. (the committee will be voting to suspend
parts of DNR rules and will be inlroducing LRB
drafts) xxxxxxx
Emergency Rule 1 050- The Wisconsin
Department of Children and Families order
relating to DCF 56, foster care xxxxxxx
A. Transportation Hearing 5124/2011 10:30 GAR
Lazich,
SB 411 AB 50- motor carrier liability Nygren
AB 64- single trip permits for oversized mobile
homes Petrowski
AB 80- operating motor vehicle after the
suspension of license Krusick
AB 81- disabled identification cards Krusick
AB 132- motor vehicle dealers Ballweg
A. Jobs, Economy and Small
Business Hearing 5124/2011 11:00 328NW
(Hearing) SB 47/AB 70- changes to lhe
membership of the Small Business Regulatory
Review Board Tauchen
5. Judiciary, Utilities,
Commerce, and Government
Operations 512412011 11:00 201 SE
SB 80- changing the boundaries of Marquette
County and Green Lake County Olsen
SB 85- theft of certain services and providing a
penalty Zipperer
SJR 16- veto power of county executive over
appropriations (second consideration) Harsdorf
SR 18- state sovereignty Leibham
A. Consumer Protection and
Personal Privacy Info Hearing 512412011 1:00 300NE
R/?J2011
Page 2 of6
Sandy Chalmers- Administrator- Department
of Agriculture, Trade and Consumer Protection XXXXXXX
Michelle Reinen- Director- Bureau of
Consumer Protection XXXXXXX
Cheryl! Olson-Collins- Administrator- Bureau
of Consumer Affairs Department of Financial
Institutions XXXXXXX
Paul Egide- Director- Bureau of Consumer
Affairs Department of Financial Institutions XXXXXXX
Econom.ic Development and Regulatory Reform Team
Commerce
Venture Capital
QNR
o Jason is working on drafting a document countering editorial piece written in the Journal Sentinel on the negatives of the
current venture capital proposal
Biomass Study
o The DNR would like to be represented in any biomass study committee that is brought together.
Venture CaP-ital
Committee Votes
DATCt'
o Both the Assembly Job Creation Committee and the Senate Economic Development Committee have delayed voting the
bill out of committee from next week until after Memorial Day
Consumer/Privacy Protection
o DATCP has four positions they have held vacant that they can use for general consumer protection activities, or
They can provide legislation to expand the privacy protection office at DATCP to allow the four positions to
investigate identity theft.
o DATCP will make a decision on which option is best.
o Next Tuesday DATCP has been asked to testify in the Assembly Consumer Protection and Personal Privacy Committee, if
a hearing is scheduled.
They will have an opportunity to provide a recommendation to the committee if they think legislation should be
passed to expand their investigative abilities in regards to identity theft.
Contact with Congresswoman Bachmann regarding the Stillwater Bridge.
911 Service Fee
o Received a letter from Bayfield County Administrator urging either administrative or legislative reform on '911 Service Fee'
o Asked PSG to respond with prior approval of response letter
WHEDA
Modernization Bills
o Met with Mike Semmann of WBA to discuss the two bill drafts
o WBA supports substance of both bills
Agency Update
o Exec. Director Winston met with Sec. Huebsch and policy team to update the governor's office on WHEDA, discuss agency
strategic goals, and potential issues
o Discussed status of modernization bill package and WHEDA lending
Credit Union Conversion
o Nate met with the Cooperative Network to discuss the JFC's approval of the motion that allows credit union conversion into
mutual savings banks or savings institutions
o Group is against motion, and lobbying legislators to overturn the action taken by the JFC
Anchor Bank
Tourism
o Executives met with Keith and Jason on status of regulatory and financial position, status of recapitalization plans, and
future plans for Wisconsin
Agency Update
o Sec. Klett, Dep. Sec. Fantle met with Sec. Huebsch and policy team to update the governor's office on Tourism, discuss
8/2/2011
Page 3 of6
agency strategic goals, and potential issues
o Discussed using the governor in television/billboardfprint ads to promote Wisconsin Tourism
o Also discussed: Indigenous Games, EAA, legislation, legislation, Arts Board, and Film Program
Arts Board
o Tourism to respond to a letter received from Schauer Arts and Activities Center (Washington and Dodge Co.'s) with
concerns on the Arts Board and arts funding in the proposed budget
JOBS Hotline
1 call received
OVR from DWD could be moved to DHS via budget motion in JFC. DHS is advocating for this addition.
Vacancies at DHS with retirements are on the increase (Feb. 2011: 12.49%, May 2011: 15.0%)
DHS News:
Study touts (Milwaukee Journal Sentinel!
The study was done for the Wisconsin Family Care Association, made up of public and private firms that arrange for services for frail
elderly and adults with disabilities served through the program. The review says the state is saving nearly $90 million a year by serving
clients in FamilyCare when compared with a separate services program. Both programs rely on Medicaid funding, which is a blend of
federal and state money. The comparison data had not been available previously.
Editorial: Don't let Medicare go bankrupt (Wisconsin State JournaU
A lot of older folks in Wisconsin and the nation seem to have missed this important point in the ongoing debate over how to shore up the
government's popular health care program for retirees.
Republicans suggest deal possible on healthcare (Reuters)
Top Congressional Republicans said on Sunday they would be open to a comprise on healthcare costs, one of the biggest stumbling
blocks in a deal to get the United States' debt under control. Republican Paul Ryan, the chairman of the House of Republicans Budget
Committee, said he would "absolutely'' by willing to negotiate with Democrats, who have hammered his plan to scale back government-
run health plans for the poor and the elderly. With Ryan's plan headed for likely defeat in the Democratic-controlled Senate, that
chamber's top Republican said it was time for "an adult conversation" on ways to keep healthcare costs under control.
Education:
Met with facilitator for Read to Lead to go over procedures and agenda items.
Education News:
UPDATE: School board member withdraws card u:roposal
A Madison School Board member who proposed using $1.3 million in docked teacher pay to give workers $200 year-end bonuses has
withdrawn the idea.
Board member Ed Hughes said his proposal stirred up a "hornet's nest of resentment" in the community. He said he received lots of
emails as news outlets around the country picked up the story, first reported by the State Journal on Thursday.
DPI chief. Racine superintendent decrv voucher plan (Milwaukee Journal Sentinel}
In a pre-emptive attack on the possible expansion of private school vouchers into Racine, the local and state schools superintendents
warned Thursday that such a move would hurt Racine Unified School District, increase local taxes and not raise student achievement.
"Vouchers are a double whammy," Racine Unified Superintendent Jim Shaw said at a new conference held at Walden Ill Middle and
High School, a magnet school within the district. "They decrease resources for public education and raise taxes for the local taxpayer."
Education:
Attended DPI Educator Effectiveness meeting and made some significant progress
o Student achievement data for tested subjects and grades will be based on WKCE value-added growth
o Other assessments can be used for non-tested subjects and grades
o We are continuing to push for measures to be as uniform as possible throughout the state with a strong focus on student
outcomes
Marquette University expressed concerns about allowing Herzing University and other for-profit colleges to be eligible for financial
aid from HEAB. JFC will take up the issue tomorrow.
Education News:
All UW schools push for flexibility as plan looks unlikely (Milwaukee Journal Sentinel)
A three-month debate over the way the University of Wisconsin-Madison and the rest of the UW System are run has shown that all state
universities are going to need more freedom from state rules to remain competitive and to offset deep proposed budget cuts, state
lawmakers say.
Bay Mayor Jim Schmitt undecided on school vouchers (Green Bav Press-Gazette>
Green Bay Mayor Jim Schmitt says he has not decided whether to support a private-school voucher program in Green Bay.
Education needs creative ideas and variety, Schmitt said, but he also wants to discuss the issue with other mayors whose communities
have used vouchers.
8/2/2011
Page40f6
Cost of Collective Baraaining:
Wisconsin State Journal. School district racks up $300,000 legal bill fighting teacher's porn-related firing
The Middleton-Cross Plains School Board has spent about $300,000 in the last year fighting a grievance filed on behalf of a teacher fired
after an investigation found he viewed pornography at school.
Andrew Harris, a former science teacher at Glacier Creek Middle School, along with seven high school staff members and
one administrator, were investigated and disciplined after the district discovered porn and other inappropriate adult content, including
nudity and sexual jokes, in their email system during the tall of 2009.
"In these days in a shortage of cash we're loath to spend money on lawyers," said Ellen Lindgren, president of the Middleton-Cross
Plains School Board. "On the other hand, we believe the community supporls the termination of a teacher who intentionally accesses
pornography."
Union leaders say the case isn't about teachers viewing porn on a school computer- an action they agree is wrong. Rather, they argue
the discipline for Harris and the others was unjust and not based on clear standards or objective criteria.
A union lawyer, Willie Haus, also alleges the district went after Harris because he was a union leader who had criticized the School
Board.
Local Governments and Progerty Taxes:
Wisconsin Ragids Tribune. Analysis: Schools with be forced to lower taxes
The analysis by University of Wisconsin economic Andrew Reschovsky released today says 329 districts would be prevented
from raising properly taxes under Walker's budget plan and would actually be required to reduce properly taxes to meet new revenue
limits.
Milwaukee Journal Sentinel. Milwaukee County's largest union still pushing for new contract
The county and AFSCME are currently in arbitration over an impasse on a contract for 2009 and 2010, said the letter by AFSCME public
policy director Patricia Yunk.
The 2011 county budget already counts an health and pension contributions that hadn't been won from most union workers. The state
Jaw would require employees to contribute about 6% of their pay toward their pensions- up from the county's budget plan of a
4% pension contribution.
The county budget also called for unpaid furlough days to workers whose unions had not agreed to the concessions. Those furloughs
would be rescinded if a new labor deal were reached or when the state law takes effect.
The county concessions on pension, health care, overlime restrictions and a wage freeze have already been imposed on the 15% of
county workers who don't belong to a union. Three smaller unions also have agreed to the concessions.
County Controller Scott Manske said the county would not shortchange its budget If it didn't immediately activate the higher pension
contributions because furloughs would continue to be used as a savings alternative.
Matt Gerhke of Lisbon called about an issue. His can was returned but he is yet to get back to us.
Mayor Bauer of Durand called to invite us to a League event. I declined because it is during a Soglin meeting.
Veterans:
Randy Hopper's Senate subcommittee had a public hearing on the Petersen bill to reorganize the Veteran's Board. There were
no surprises and even Senator Cullen seemed supportive. Whether he votes for the bill is unclear.
Veterans Board Chair Naylor called for an update on the new nominees to the Board. I told him soon. He was preparing for
June's Board Meeting.
Concealed Carry:
Janesville Gazette. Editorial: Taking aim at concealed carry
With Republicans controlling our Legislature and Jim Doyle no longer wielding his veto pen, Wisconsin appears poised to
enact concealed carry legislation.
It's about time.
Forty-eight states allow concealed carry. To those who fear Wisconsin will turn into the Wild West, we ask: Has this occurred in other
states? Has any state repealed its legislation?
8/2/2011
Page 5 of6
Opponents and supporters of concealed carry can point to studies that back their claims. The criminals already have guns. Concealed
carry can serve as a deterrent. Criminals are more reluctant to attack if they fear you might be carrying a gun.
Emergency ManagS!ment:
Janesville Gazette. La Crosse mayor declares state of emergency
Mayor Matt Harter declared a state of emergency. Rescue workers went door to door to check on people, sometimes forcing their way
through debris to get inside, the mayor said. Areas were evacuated after the storm left homes uninhabitable and downed power Jines
made areas unsafe, but no one was seriously hurt or killed, the mayor said.
"That's nothing short of a miracle," Harter said.
The storm roared across the city of 51,000 about two hours southeast of Minneapolis late in the afternoon. It was unclear Sunday
evening whether it spawned a tornado, but it struck with enough force to topple massive trees and send debris sailing through the air.
Milwaukee Journal Sentinel. Milwaukee area to lose $4.2 million in annual homeland security funds. Wall Street Journal.
The five-county Milwaukee area is losing all of its annual $4.2 million in federal aid to prepare for natural disasters and acts of terrorism,
federal and city officials said Thursday.
That won't shut down all emergency readiness programs immediately, said Steve Fronk, Milwaukee director of homeland security and
emergency management. Previous grants will help fund current programs for about two more years, and some federal funds still will be
available through the state, he said.
Corrections:
Green Bay Press Gazette. Corrections strain state's finances
The problem was exacerbated in 1997 when Wisconsin, like many states before it, passed truth-in-sentencing legislation. The law was
meant to fix a penal system that a/lowed offenders to serve a portion of their sentence before they were released.
"Just about everybody in the courtroom knew that if you get a 20-year sentence you'll probably get out in five," Hamblin said. "The only
person that doesn't understand that is the victim and the general public."
Waste. Fraud. and Abuse:
Milwaukee Journal Sentinel. Nine state workers earned more than $65,000 each in overtime
Madison- Nine state workers made more than $65,000 in overtime last year, including one who took in about $105,000 in overtime to
more than double her salary.
For the second year in a row. the state worker making the most in overtime was Sheryl Lee Fors, a 53-year-old nurse clinician at
Southern Wisconsin Center who made a base salary of $91,077 and $104,930 in overtime. Total earnings for the year: $196,007.
In 2009, Fors made $188,070, including almost $97,000 in overtime.
Gov. Scott Walker will "ensure taxpayer resources are being efficiently and effectively used in relation to necessary overtime pay," said a
statement from Walker spokesman Cullen Werwie.
Wa/ker:S Waste, Fraud and Abuse Commission will make recommendations on reducing overtime in a report being released this
summer, Werwie said.
Wetwie touted Walker's move to limit collective bargaining for state employees as a means of reducing overtime costs. The Legislature
approved Walker:S bill on collecb've bargaining in March, but it has not taken effect because of a legal challenge.
Wisconsin ReQorter. Audit bureau: State must contain overtime costs
The DOC and DHS have long been responsible fot:the bulk of the stale's overtime pay. In 2010, the two agencies accounted for 66
percent of Wisconsin's premium overtime cost, paid at 1.5 times an employee's normal hourly rate. Both departments cite their 24-hour
facilities as the major reason for using overtime, some of which is mandatory.
Legislators acknowledged the need for around-the-clock staffing at such facilities, but said there must be a less expensive way to provide
it.
"We just have to do a better job of managing our people and working together to find a solution for these overtime problems," said state
Rep. Samantha Kerkman, R-Powers Lake, co-chaitWoman of the Joint Audit Committee. "For example, why was it better (in 2009) and
now it's back to this?"
Intergovernmental News:
8/2/2011
Page 6 of6
Reuters. Tennessee House passes bill to curb teachers' unions
The vote of 59-39 in the House restricts the unions to collective bargaining only on pay and benefits. The bill does not allow collective
bargaining on working conditions and matters dealing with performance, such as classroom assignments and bonus pay.
The Senate voted 18-14 on May 1 to repeal a 1978/aw that required school boards to engage in collective bargaining with teachers'
unions. Instead, all bargaining would be handled by local teachers and their school boards, according to the bill.
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