Governor's State of the State Address is Jan. 23

Thursday, January 17, 2008 8:47 AM CST

Joan Sanstadt, News Editor

Governor Jim Doyle is set to deliver his State of the State Address on Jan. 23 at 7 p.m. The address, which is given before members of the both the State Assembly and State Senate, will take place in the Assembly Chambers. Justices of the Wisconsin Supreme Court, constitutional officers and the governor's cabinet will also be in attendance.

This speech is usually telecast on public television stations across the state and no doubt will also be carried on WisconsinEye.org on the Internet and on certain cable digital channels.

This is the time when the governor will lay out his plans and priorities for the coming year - and perhaps beyond.

All governors, whether Democrat or Republican, do their best to put a positive spin on proposals that have been put in place since their last State of the State talk.

That might be a little harder this year since the State Budget deliberations took so much time, there was less time for work on legislative bills.

According to the Legislative Reference Bureau, 1,635 bills have been introduced so far this session, but only 45 of those measures have been signed into law by Gov. Doyle.

Rep. Lee Nerison (R-Westby) made the following forecast: "Without firing up my crystal ball, I think it's safe to say that some of the bills that are already introduced that have to do with tax exemptions, health care and education reform, and crime will be on the legislature's agenda in 2008."

While the rural lawmaker is pleased his bill to allow military personnel to obtain hunting permits while home on leave was signed into law, he notes two others are waiting for a Senate vote.

Nerison is pledging "to work really hard in the next few months to get my bills to allow public health nurses to complete the paperwork for disabled parking permits and to declare feral pigs as harmful wild animals through the Senate so they can become law."

Bill updates

If you wonder about the current status of a bill that has been introduced in the legislature, there's a website that makes the task quite easy. Go to: http://www.notify.legis.state.wi.us

Several different ways of checking are offered at this site. They include checking by author, by committee, by subject, by bill number, etc. It is also possible to be notified when an amendment is offered or when a fiscal estimate has been prepared.

An open invitation

For the second time in about a year, mailings have gone out from a state agency with the recipients' Social Security numbers printed on the mailing label.

While it's true the agencies themselves didn't directly do the mailings - they were contracted out to vendors - the state is ultimately the responsible party.

The first breach came when 170,000 tax booklets from the Department of Revenue were mailed with Social Security numbers of the addresses printed on the label.

Last week we learned 260,000 Medicaid program participants were sent mailings - that included Social Security numbers of the recipients on the address labels.

One of the easiest ways for identity theft to occur is through fraudulent use of Social Security numbers. Alarmed about the growing theft of personal information, the governor established the Office of Privacy Protection that is currently housed at the Department of Agriculture, Trade and Consumer Protection. This office works to help people who are victims of identity theft.

Maybe the staff at this office should start double checking the mailings of all state agencies. No doubt this additional burden would not be easy to assume. But perhaps they could at least provide training for state agencies by presenting some never-to-be-forgotten true life stories about the effect of identity theft on the lives of real people.

To their credit the vendor that sent out this latest mailing for the Department of Health and Family Services has stepped forward and offered to pay for free credit monitoring and identity theft insurance for the persons whose identity may have been threatened by the error.

Real ID

There was more news about personal identity in the headlines last week - and this came from Michael Chertoff, secretary of Homeland Security.

Although Congress passed the REAL ID law in 2005, it still isn't being enforced. That's because the chief critic, the American Civil Liberties Union, says the system that would check ID against secure government data could be infiltrated.

The showdown is directed at states and how they comply with new rules for drivers' licenses.

By May of this year, persons boarding airplanes may not be able to use their state drivers' licenses as proof of their identity. Chertoff wants states to follow the new more secure guidelines when issuing drivers' licenses.

Under the 2005 Act, citizens born after Dec. 1, 1964, would have six years to obtain a new license. Older citizens would have to get new licenses by 2017.

States can apply for extra phase-in time, if they ask for a waiver before May of this year. So far 17 states have objected to the REAL ID Act's provisions because of cost concerns.

Residents of a state that doesn't have a waiver, come May, will have to use a passport or a certain type of federal border-crossing card, Chertoff indicated.

The REAL ID Act was a response to the Sept. 11 terrorist attacks when it was later determined that the hijacker who piloted the plane that struck the Pentagon had four drivers' licenses and ID cards from three states.

New Year's Resolution

State Senator Dale Schultz (R-Richland Center) has a suggestion for a New Year's resolution that "anyone can keep."

It's a pretty simple suggestion - just renew your registration on the state's "No Call" List. "A phone number stays on the list for two years, unless it is re-registered before the two years are up," the lawmaker points out.

To register your phone number on the Wisconsin No Call List call toll-free 866-966-2255 or on the web, go to: https://nocall.wisconsin.gov/web/registration.asp.

Siting Board will meet

The Livestock Facility Siting Review Board (LFSRB) will meet Jan. 18 from 10 a.m. to 2:30 p.m. at the DATCP headquarters, 2811 Agriculture Drive, Madison.

Items on the agenda include:

- Changes to the LFSRB Bylaws;

- Larson Acres, Inc. v. Town of Magnolia, Docket No. 07-L-01-Case Status-Motion to Dismiss, Consolidation of Cases, Briefing Schedule, Future Board Discussion with Litigation Attorney;

- Lunch

- Mark and Jane Brothen, and Eugene and Jeanne Dubord v. Vernon County, Docket No. 07-L-02-Nature of Case, Notice of Request for Review, LFSRB Jurisdiction in this case;

- Board Schedule and Future Agenda Items.

The next meeting is scheduled for Feb. 15.

Rural Health Care

Last week Bill Oemichen, president and CEO of the Wisconsin Federation of Cooperatives (WFC) and Minnesota Association of Cooperatives (MAC), testified before a U.S. Senate Small Business and Entrepreneurship Committee on health care solutions for small businesses.

The committee, chaired by Senator John Kerry (D-Mass.), met in St. Paul, Minn. Senator Norm Coleman (R-Minn.), who is a member of both the Small Business and Entrepreneurship Committee and the Senate Agriculture Committee, was also present at the hearing.

"We believe the member-owned cooperative model that puts consumers in charge of their own health decisions is the perfect fit for health care," Oemichen said.

He then described for the committee, the WFC/MAC project called "Co-op Care" to allow small employers, including farmers, to join together to purchase health insurance as a large group. They successfully sought passage of enabling legislation in both Minnesota and Wisconsin to provide a Co-op Care model, and have since worked to establish health care purchasing cooperatives in both states aimed at farmers and small businesses.

"When compared to the large group market, small employers and especially farmers buying health insurance, face greater challenges," Oemichen said. Those challenges include stricter underwriting, fewer choices, lower quality benefits and little or no data upon which to base informed decisions.

"Bringing small employers together under the cooperative umbrella allows the cooperative, governed by a board of directors made up of members buying insurance, to negotiate directly with insurers or providers similar to a large employer," Oemichen explained.

"This in turn allows the cooperative to negotiate higher quality coverage, improve benefit choices, relax underwriting criteria if it so chooses and utilize cost and quality data to educate members about cost drivers and ensure that rate increases are in lines with claims experience," he added.

State Senator Sheila Harsdorf (R-River Falls), sponsor of the Wisconsin Co-op Care legislation, also appeared at the hearing where she was recognized for her contributions to agriculture by Senator Coleman.

World Dairy Center

Repeal of the World Dairy Center Authority was one of the topics at the Jan. 10 meeting of the Assembly Agriculture Committee, chaired by State Rep. Al Ott (R-Forest Junction).

Ott, the author of AB 657, the bill that would repeal Chapter 235 of the Statutes that created the Authority, said that back in 1991 when the World Dairy Center Authority was established, the intent was to help establish and develop a Wisconsin center for the national and international dairy industry.

Bill Graham, who owned the land where the current DATCP building is situated as well as the surrounding land, had hoped to bring together dairy-related businesses from around the world. Besides the DATCP Building, the Dane County Extension office is also located in the area, along with several other office buildings.

The World Dairy Center Authority has not been active in any way for many years, Ott said. Before Tom McKittrick, former World Dairy Expo General Manager resigned, Ott asked for his opinion. "'It was a great idea that never became a reality,' was what McKittrick told me," Ott testified.

The repeal of Chapter 234 and other statutory language referencing the World Dairy Center Authority is not expected to have any negative implications for the World Dairy Expo event held annually in Madison.

Drainage ditch bill

The Assembly Ag Committee, during an executive session, approved AB 118 Substitute Amendment that addresses several issues concerning drainage ditches.

Rep. Louis Molepske, Jr. (D-Stevens Point) is the architect of the substitute amendment. Molepske worked with Rep. Sheryl Albers (R-Reedsburg) to combine AB 115, 118 and 120 into a single bill.

These bills were the subject of a hearing more than a year ago and it was clear from the testimony at that hearing that several issues needed to be resolved.

Ben Lewis, member and legislative representative for the Wisconsin Association of Drainage Districts (commonly referred to as the Wisconsin Drain Board Association), said the organization "began pursuing new legislation to address major concerns and challenges facing Wisconsin's 200 drain districts" soon after last year's hearing.

"The two major issues facing drain districts revolve around cooperative planning with other local units of government and disclosure during real estate sales that property is within a drainage district.

"The bottom line is that drain districts are finding it increasingly challenging to stay ahead of the curve in order to properly maintain a district's drain. A properly working drain controls the flow of water through an area to prevent flooding of crop fields and homes," Lewis said.

"Since the beginning of the process the association has actively involved legislators from both sides of the aisle as well as representatives of groups that would be impacted by the new drainage law," he continued.

Lewis praised committee members for their strong commitment to agriculture and to chairman Ott for conducting "fair hearings. He listens to problems affecting farmers and votes to support farmers. His leadership has been helpful and should be recognized," Lewis told Agri-View.

The Wisconsin Counties Association and the Wisconsin Towns Association provided help and advice "to draft a bill that limits the burden put on local governments while at the same time enhancing channels of communication between them. Realtors are working to help as well," Lewis pointed out.

If both the Assembly and State Senate approve the bill and if the governor signs it into law, people buying residential property of four units or less will find a line on the real estate form that indicates they are aware that the property lies within a drainage district. This is similar to the current line on real estate forms that apply to floodplains and wetlands.

This is an important change because some of the problems associated with drainage ditches have arisen because buyers have been surprised to find they owed an assessment for drainage ditch maintenance/work - some said they were not aware such a ditch was on their property nor were they aware they were obliged to pay an assessment for it.

Fee increases await audit

Food and dairy license and reinspection fee increases were not an easy sell during last week's hearing before the Assembly Agriculture Committee.

Randy Romanski, executive assistant at the DATCP, and Steve Steinhoff, administrator of the DATCP's Food Safety Division, both testified before the committee as to the department's need for fee increases in both food and dairy license areas.

Before 1987, funding for this program came 100 percent from (General Purpose Revenue) tax monies. Since then, GPR funding has declined to 44 percent while program revenue (fees) has increased to 56 percent. Add in the fact that over the years the account has been "raided" (lapsed) into the general fund to help pay for budget shortfalls in the amount of almost $1.3 million - and you have an even bigger problem.

Testifying against the increases were Mark Stellpflug, New Holstein, owner of Stell's Piggly Wiggly; Michelle Kussow, Wisconsin Grocers Association; John Umhoefer, Wisconsin Cheese Makers Association; Brad Legreid, Wisconsin Dairy Products Association; and Jolene Plautz, Kwik Trip.

Registering against were representatives of the Wisconsin Federation of Cooperatives, Wisconsin Farm Bureau Federation, Wisconsin Petroleum Marketers & Convenience Store Association; and Nick George, Midwest Food Processors Association.

Invited to testify was Dr. Mike Pariza, director of the UW-Madison Food Research Institute, who spoke only for information purposes.

In a perfect world, Steinhoff said he would re-prioritize the inspections so that operations posing the most risk would receive the most inspections and those with good records would receive minimum inspection. (This is similar to the approach used by the DNR in its Green Tier program.)

But because much of the DATCP's work is mandated by the feds, there is little leeway in determining the best way to handle the workload.

Adding new interest to the entire matter is the fact that the Legislative Audit Bureau (LAB) is conducting an audit of the food safety program and its fee structure. This report, initiated by the LAB itself, is due to be completed sometime in March, 2008.

As of now the DATCP licenses and inspects 9,600 retail food establishments, with assistance from 34 local health departments around the state who are contracted to license and inspect 5,000 of those establishments. (This is in addition to the 13,109 dairy farms, 462 dairy plants, 1,414 food processors, 3,484 bulk milk tankers, 864 food warehouses, 385 laboratory evaluation sites and 376 (cheese) grading sites - all done by DATCP's food safety staff).

After listening - for several hours - to people representing both sides of the issue, the committee decided to postpone any decision until the LAB audit was completed.

On Monday, Rep. Ott began circulating among fellow legislators a memorandum asking for co-sponsorship of a Food Safety Program Consolidation Study.

The consolidation would affect the DATCP's current food safety program by combining it with a food safety and recreational licensing program currently carried on by the Department of Health and Family Services (FHFS).

The DHFS currently administers a food safety and recreational licensing program involving approximately 20,000 restaurants and food service facilities (caterers and vendors). It also licenses and inspects public swimming pools, bed and breakfasts, recreational and educational camps, campgrounds, hotels, motels and tourist rooming houses, and tattoo and body piercing establishments.

Approximately 60 percent (12,000) of the restaurants regulated by DHFS are - by contract - licensed and inspected by local health departments on behalf of DHFS. This program is 100 percent fee-funded.

The memorandum Ott is circulating would require DATCP and DHFS to "cooperatively prepare and submit a plant to the Legislature for the consolidation of their respective food safety programs into a single, comprehensive food safety program." This plan would also identify efficiencies and any expected savings that might result from the consolidation. The report would be due within a year and would provide useful information to lawmakers as to the viability - from both a fiscal and policy perspective - of the merging of the state's two food safety programs.

Readers may recall that a similar plan was part of the Assembly budget proposal, but that study assumed consolidation of the program at DATCP. The memorandum being circulated by Ott is a more open-ended evaluation of where the program should be housed and what it should look like.

Farmers seek office

Debi Towns, former State Representative for the 43rd Assembly District, plans to seek another term in the November election.

Towns, a Republican who served two terms in the 99-member State Assembly, chaired the Assembly Education Committee and served as a member of the Agriculture Committee, the Colleges and Universities and the Education Reform Committee.

Lodi farmer and business owner Keith Ripp, a Republican will seek the 47th State Assembly District set being vacated by Rep. Eugene Hahn (R-Cambria). Ripp, a third generation farmer, is the current president of the Wisconsin Soybean Marketing Board and founding board member and president of Bader AgVest. He also serves as a supervisor in the Town of Dane.

Capitol Notes:

- Ag Day at the Capitol is Jan. 30. To register, contact Casey Langan at Wisconsin Farm Bureau Federation. His e-mail address is: mailto:Clangan.fbcenter@wfbf.com. His phone number is 608-828-5711.

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