Lawmakers Play Catch Up at the Capitol

Friday, November 16, 2007 7:28 AM CST

Joan Sanstadt, News Editor

Making up for lost time, lawmakers last week got down to work on a number of bills that had been awaiting action while those drawn-out budget negotiations were taking place.

The measure that has garnered the most publicity was the cable competition bill. Passed by the Assembly last May, the State Senate took up the bill last week and by Thursday had voted for its passage. Since it is not identical to the bill passed by the Republican-led Assembly, the differences will have to be worked out before sending it on the governor.

Gov. Doyle has indicated he supports the bill in general but wants to see that consumer protections are kept in the final version.

Designed to increase competition among cable television companies, the promise held out by proponents of the measure is that the bill will ultimately lower costs to consumers.

I hope that's true - in fact, even more than lower costs I'd like to see some real choice for cable subscribers. More than half of the channels offered by my cable company are ones I never watch and have no interest in whatsoever.

What I've learned is that many of those channels are part of a package deal the cable company makes. That's probably what's happened. But I'm old enough to remember that when cable television was first discussed the greatest talking point was that there would be fewer program interruptions for commercials.

It's not the commercials I'm objecting to - I understand the need for companies to advertise and for television companies/cable companies to make a profit. My objection is that so many of the commercials are in such poor taste and when they are repeated again during the same show they are even more unwelcome. That may not be the cable franchise's fault - but it is still extremely irritating.

If I had my druthers I'd also want to limit the number of prompts a customer had to listen to before (hopefully) getting to talk with a real live person at the cable company. It shouldn't have to take half an hour or more to ask a question or report a problem.

The cable competition bill provides:

- A statewide franchise would replace the agreements that are made between cable companies and local governments - this means providers would operate under uniform rules set by the state;

- Such a franchise would allow the cable companies to offer their service anywhere in the state;

- Although there were some objections, the bill passed by the Senate would allow the state franchise to continue on - without an end or a sunset date;

- The Senate attached amendments to guarantee public access channels continue to be carried by the cable system for three years.

- Local municipalities will have a say in where equipment is located;

- Cable companies with more than 10,000 customers would pay an annual fee of $2,000;

- New providers would have to honor existing agreements between cable companies and state universities.

- Satellite communications companies would also be covered under the regulations.

- Franchises would be issued by the Public Service Commission instead of the Department of Financial Institutions.

No doubt one of the issues driving this bill forward at this time is that many cable customers are missing games that are only being shown on the Big 10 Network or on the NFL Network.

Cable companies want to be able to charge more to carry those channels and those new networks want to ensure that their programming is provided on the basic tier and not expanded plans.

Senator Kathleen Vinehout (D-Alma) tried, unsuccessfully, to introduce a substitute amendment that would give the state more oversight and guarantee more access be provided in rural areas.

Remember, you can give feedback on the state's legislative hotline at 800-362-9472.

Leftovers

While the budget is now in place, there are still some "leftover" issues continuing to gather attention.

One of those issues is the $418 million tax on hospitals that was initially proposed by Gov. Doyle and passed by the Senate. It didn't make it through the final negotiations. The new Senate Majority Leader Russ Decker (D-Schofield) said he supported the tax.

From the beginning it was being called a "tax on the sick." Not exactly what a politician wants to hear in a sound bite. Proponents insisted it would bring in more matching federal dollars that could be used for Medicaid. What I never heard addressed was how paying higher hospital charges would impact the cost of health insurance.

There's still plenty of outrage being expressed by the $200 million raid taken from the Wisconsin's Injured Patients and Families Compensation Fund (IPFCF) to balance the budget.

Complaints came from bipartisan sources such as former Senate Majority Leader Dale Schultz (R-Richland Center) and from Rep. Sheldon Wasserman (D-Milwaukee), a medical doctor.

The IPFCF can be traced back to 1975 when the trust fund was put in place to help lower the cost of malpractice insurance for doctors. It acts as an "umbrella" policy covering malpractice awards that exceed the limits of insurance policies. (Sounds a lot like the kind of policy and fund that the Ag Producers Security Workgroup is trying to establish.)

This raid led the Wisconsin Medical Society to file suit claiming the action is unconstitutional. The Society points out that no taxpayer dollars are included in the fund and that the money that was "taken" was paid entirely by doctors and certain other health care professionals.

The budget makes another assumption that could prove incorrect. That's because it is relying on some $72 million of disputed gaming fees that the state claims are owed by the Ho-Chunk Nation. Right now those funds are the basis of a still undecided court case.

State Senator Robert Cowles (R-Green Bay) has called the issue a "potential time bomb" that exists within the budget.

There's still some unfinished business that all sides agreed to take up once the budget was settled. That "unfinished business" relates to road and highway expenditures.

Just when some of that remaining business will see action hasn't been decided.

Lawmakers are only scheduled to come back into session for a brief three-day period in December. That session, beginning on Dec. 11 and continuing on Dec. 12 and 13, will be the final 2007 floor session.

After that, the next time they are scheduled to meet is Jan. 15, 2008.

Health care

Last week Gov. Jim Doyle jumpstarted the BadgerCare Plus initiative that is part of the 2007-08 biennial budget.

The initiative will allow every Wisconsin family, regardless of income, to buy affordable, comprehensive health care coverage for each of their children.

Families can begin signing up for BadgerCare Plus on Feb. 1 by visiting http://www.BadgerCarePlus.org or by calling 800-362-3002.

"Health care in Wisconsin should be a birthright, not a ticket to bankruptcy. BadgerCare Plus is simple and will provide health care coverage to more families who need it," the governor said.

The latest report by the Department of Health and Family Service showed there 98,000 children in the state who do not have health insurance.

BadgerCare Plus offers health coverage to every child in the state by streamlining Medicaid, BadgerCare and Healthy Start into one comprehensive program. Low income families will be able to enroll their children into the plan at no charge.

The BadgerCare Plus premium is determined by the amount of annual household income. A family of four making between $20,420 to $23,482 annually could enroll each child in the program for $10. For a family of four making $30,630 or more the cost for each child is $68.53.

In other health insurance matters, both the houses of the Wisconsin Legislature have passed a measure that allows college and technical college students on medical leave with serious illnesses to keep their health insurance for up to a 12-month period. It awaits the governor's signature.

The impetus for this legislation was Michelle Morse, a New Hampshire college student diagnosed with colon cancer. Facing chemotherapy and other treatment, Michelle's insurance plan required her to either continue taking a full class load or lose her health insurance. Authors of the Wisconsin bill are Senator Carol Roessler (R-Oshkosh) and Rep. John Nygren (R-Marinette).

Senate Bill 88, authored by Senators Julie Lassa (D-Stevens Point) and Fred Risser (D-Madison), will get a committee vote this week. The bill would require health insurance companies to cover hearing aids and cochlear implants for infants and young children.

Free clinics

Last week the State Assembly passed legislation to encourage doctors to provide free health care for low income individuals at clinics across the state.

The measure is AB 263, authored by Rep. Steve Wieckert (R-Appleton), has bipartisan support. The legislation is needed because an active doctor, who wants to volunteer at a free health care clinic, has to be covered by his or her own medical malpractice insurance and the end result could mean higher premiums for those volunteering at the clinic.

Under Wieckert's proposal, retired and active doctors are treated the same - a doctor who is currently practicing would receive the same state insurance coverage as retired doctors now receive when they work at free clinics.

State Senator Pat Kreitlow (D-Chippewa Falls) is the lead sponsor for the measure in the Senate.

A free clinic has opened in Boscobel and already there is talk of opening satellite clinics at other locations in western Wisconsin. Robin Transo, who led donation efforts for the new clinic, said the need was accelerated because of the flooding last August which led to greater expenses for families.

The clinic opened with $34,000 in donations and used medical equipment donated by area doctors. The Boscobel clinic is open twice a week and people who are interested should call 608-375-4328 or 375-4324.

For information about the free clinic in Dodgeville, call 608-930-2232 and for the Richland Community Free Clinic, call 608-647-6161, ext. 4135.

Veterans

In recognition of Veterans Day on Nov. 11, Gov. Doyle last week signed four bills into law that support veterans and our men and women in uniform.

Wisconsin has the greatest package of benefits in the country supporting veterans and men and women in uniform, a fact that makes us all extremely proud," the governor said.

Before signing four bills, Doyle said they represent "a few small ways to show our gratitude to Wisconsin veterans and those in uniform."

Here's what was signed:

- AB 270 - Improves the Council on Veterans Programs by adding representatives from the Wisconsin Council of the Military Officers Association of American and The Retired Enlisted Association.

- AB 130 - Allows nonresidents in the Wisconsin National Guard to obtain a hunting permit, giving them the same privileges as active military personnel stationed in the state.

- AB 131 allows active U.S. Armed Forces Service members from outside the state to obtain special hunting licenses when in Wisconsin on furlough or on leave from active military duty.

- AB 63 creates "Veteran Recognition Week." This week will coincide with Veterans Day and acknowledge the contributions and sacrifices of veterans. This bill, offered by Rep. Steven Wieckert (R-Appleton) encourages local veterans to spend time visiting schools during this special week each year.

"We need to transfer that information, that experience, that knowledge of what it's like to defend our country to the newer generation," Wieckert said. Veterans who provide 20 or more hours of service in the classroom will receive a citation from the state Department of Veterans Affairs.

Interim health care for veterans is the focus of a bill introduced last week by Rep. Steve Hilgenberg (D-Dodgeville).

The Veterans Interim Health Care Bill will create a limited-term, health care insurance program for veterans who do not qualify for any state or federal VA health care programs and do not have access to employer-based health care insurance.

"The measure will provide Wisconsin's uninsured veterans with 24 months of affordable health insurance with a low monthly premium and conservative co-pays," the lawmaker said.

Capitol Notes:

- The state is expecting to have $84.5 million available to help poor people pay their heating and electric bills this winter. The average grant last winter was $382 when only $61.4 million was available.

- According to the state Elections Board, only 5 percent of eligible tax returns elected the $1 check-off to help fund Wisconsin elections. In 2006, 38 candidates received checks from the fund. The maximum grant for a Senate candidate was $15,525 and for the Assembly it was $7,763.

- Kevin Kennedy, director of the state Elections Board has been chosen to head the new Government Accountability Board.

- Last week the state Court of Appeals overturned the conviction of former Assembly Speaker Scott Jensen and his aide Sherry Schultz. New trials for ordered for both Jensen and Schultz who earlier had been convicted of felony misconduct in public office and a misdemeanor count of using public office for private benefit.

- Jack L. Fischer, an Appleton developer, has been named Commerce Secretary by Gov. Doyle. His appointment is subject to approval by the state Senate. He replaces Mary Burke, who had served as secretary since January of 2005.

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