Conservatively Speaking

The state Senate today approved Senate Bill 15 (SB 15) that would authorize the Natural Resources Board to appoint the Secretary of the Department of Natural Resources (DNR). Under current law, the Governor nominates a DNR Secretary. The State Senate considers the appointment, and the Secretary serves at the pleasure of the Governor.

SB 15 was approved on a 21-12 vote. I voted against the bill for several reasons.

When voters elect a Governor, regardless of party, they make their decision with the belief and confidence their choice should be entrusted with appointing Cabinet members, including the DNR secretary.

Each Governor should be afforded the opportunity to choose the DNR Secretary believed to be the best qualified for the position.

The Governor has earned that right and authority by winning and earning the trust of voters in a statewide election.

An unelected, unaccountable board with regulatory powers should not be choosing the DNR Secretary.

The state is already hampered with having far too many nameless and faceless boards that do not have accountability to the public.

It would be highly inconsistent for a Governor to pick all of his cabinet members save one.

There is also the potential of an awkward scenario of a Governor being saddled with a Secretary chosen by DNR Board members appointed by the previous Governor.

A Governor forms his administration the way he/she deems appropriate. Voters choosing the Governor expect the Governor to be accountable for his administration.

SB 15 now moves to the state Assembly where its fate is uncertain.

In other state Senate action today, the Senate approved the following:

Assembly Bill 130: Under current law, certain hunting licenses and permits are issued by the Department of Natural Resources based on a random or preference selection system. These hunting approvals include Canada goose hunting permits, Class A bear hunting licenses, wild turkey hunting licenses, elk hunting licenses, and special deer hunting permits, other than bonus deer hunting permits.

Assembly Bill 130 requires the Department of Natural Resources to treat a nonresident as a Wisconsin resident for the purpose of issuing a hunting, fishing, and trapping approvals if the nonresident exhibits proof that he or she is a member of the Wisconsin National Guard or a member of a reserve unit of the U.S. Armed Forces if the reserve unit is located in this state.

Also, an amendment to the bill allows the DNR to begin issuing hunting, fishing, and trapping approvals immediately to nonresident members of the Wisconsin National Guard, instead of after a delayed effective date of three months, as provided in the bill.

Assembly Bill 131: Under current law, certain hunting licenses and permits are issued by the Department of Natural Resources based on a random or preference selection system. These hunting approvals include Canada goose hunting permits, Class A bear hunting licenses, wild turkey hunting licenses, elk hunting licenses, and special deer hunting permits, other than bonus deer hunting permits.

This bill allows DNR to issue wild turkey hunting licenses, Canada goose hunting permits, and hunter’s choice and other special deer hunting permits to residents of the state who are in active service in the U.S. armed forces outside the state but who are on furlough or leave within the state.

The bill prohibits DNR from imposing any deadlines or other restrictions on the timing for submitting applications for these hunting approvals or for issuing the approvals. If one of these hunting approvals is issued during the applicable hunting season, the approval must authorize hunting beginning on the date on which the approval is issued.

The Senate approved several Senate Joint Resolutions that recognize February 6 as Ronald Reagan Day in Wisconsin, commemorate the 75th Anniversary of the Military Order of the Purple Heart, honor the centennial of the United Parcel Service of America, and honor Kikkoman of Walworth, Wisconsin for its contribution to the cultural and economic vitality of the state.

I am on record opposing Wisconsin’s booster seat law.

The Chicago Tribune has completed an exhaustive study of car seats and found that oversight and testing of car seats is limited, leaving many children at risk of serious injury.

The Milwaukee Journal/Sentinel ran a huge front page story in Sunday’s edition on more problems with booster seats. Here is the Journal/Sentinel piece.

• Partial veto to remove references to eligibility criteria related to financial need.
• Partial veto to allow DOA to pay costs of operating the Office of the Wisconsin Covenant.

• Partial veto removes  non-fiscal policy items related to modifying board membership, eliminating limit on bonding and other changes.

• Veto removes independent purchase of telecommunications services.
• Veto removes requirement for information on instructors at registration.

• Veto removes levy limits on technical college districts.
• Veto removes limits on workforce advancement training grants to small businesses and statutory grant ceiling.

• Partial vetoes affecting loans for pulp and paper mill.
• Veto eliminates phaseout of PECFA program.

• Partial veto affecting CWD and Wildlife Damage Funding and language inhibiting the department’s pursuit of alternative solutions to the deficit facing the wildlife damage fund.
• Partial veto relating to JFC stewardship review because the review of land acquisitions should become effective with the reauthorized program on July 1, 2010.
• Veto affects the musky fishing season and catch and release bass fishing.

• Veto removes quarterly reports requirement.

• Veto affects several sections related to information technology requirements.

• Technical veto related to Kenosha County Circuit Court Branch 8.

• Vetoes affect juvenile correctional services deficit and limits on department flexibility to effectively manage juvenile corrections programs over time.

• Veto removes requirement DHFS request a federal waiver in order to offer health opportunity accounts to BadgerCare recipients and to provide the JFC an implementation plan.
• Veto affects requirement DHFS develop and implement disease management programs for conditions identified by health risk assessments for recipients and requires the programs be similar to programs developed and use by the Marshfield Clinic under the Physician Group Practice Demonstration.
• Veto affects requirement DHFS provide supplemental reimbursement to pharmacies participating in the Medicaid, BadgerCare and SeniorCare programs to compensate for any reduction in drug product costs reimbursements under the federal deficit reduction ac.
• Veto deletes report on FoodShare employment and training program participation.
• Veto deletes sunset of program for reducing fetal and infant mortality and morbidity.
• Veto deletes decrease in expenditure authority related to the Council on Developmental Disabilities because the provisions duplicate changes accomplished elsewhere in the budget.

• Veto restores original intent of allowing both firefighters and law enforcement officers the opportunity to use collectively bargained alternative disciplinary appeal procedures instead of circuit court.

• Veto removes three-tier liquor distribution system because “I object to inclusion of policy of this nature in a budget bill.”
• Partial veto affects inventory tax for moist snuff to make inventory tax consistent for cigarettes and moist snuff.

• Partial veto of levy limit language affects “restrictiveness” of the limit for 2007, “which would negatively effect the provision of police and fire services.” The veto will allow local governments to increase their levies for 2007 by either the percentage increase due to net new construction or 3.86 percent.

• Vetoes affect reports and approvals.
• Vetoes and write-downs affect state bicycle and pedestrian facilities program appropriations.
• Veto removes value engineering for highway improvement projects.
• Veto removes requirements for DMV service center operations.
• Veto removes authority of municipalities to issue permits for activities along state trunk highways within municipal limits when DOT has denied the project.
• Veto removes vehicle immobilization and impoundment for repeated parking violations language.
• Partial veto of construction schedule for STH 23 major highway development project because the proposed schedule is “unattainable and may negatively affect other highway projects.”
• Veto removes requirements for JFC supplemental funding for the Kenosha-Racine-Milwaukee Commuter Rail extension project “because it infringes on the department’s ability to continue preliminary work on the project to determine its scope and final feasibility.

If you have received an e-mail telling you that your cell phone is about to be bombarded by telemarketing calls because of a new cell phone number database, be aware the warning is untrue.

Federal law prohibits telemarketers from using automated dialers to call cell phones.

The Federal Trade Commission (FTC) advises that you may put your personal cell phone number on the National Do Not Call Registry, but there is generally not a reason to do so.

Registering your cell phone is unnecessary and a very bad idea. Cell phone numbers are unpublished. If you provide your cell phone number to the national do not call list, suddenly, it becomes a published number. The lists of numbers must be purchased by telemarketers so they can comply with the do not call registry. It would be extremely easy for unscrupulous entities and foreign, international entities to get their hands on the numbers. Your best bet is to avoid registering your cell phone.

Here is more information from an FTC news release, Despite Re-Circulating E-mail, It is Still Not Necessary to Register Cell Phone Numbers.

There have been numerous stories on the Internet and in newspapers all across the country for several weeks stating that the federal Do Not Call list is set to expire.

Hold the phone.

The FTC has announced that it will not allow registrations on the list to expire next year, at the time of the list’s five-year anniversary. The law that created the Do Not Call list originally called for registrations to last only five years. After that, consumers would have to re-register to continue the prohibition on unwanted sales calls.

Legislation has been introduced at the federal level that would make registration on the federal Do Not cal List permanent. It is uncertain if a new law will be approved and signed into law before millions of registrations would expire in June 2008.

Thankfully, the FTC has thought of a better solution. For now, registrations will not expire as long as new federal legislation is being considered.

Lydia Parnes, director of the FTC’s Bureau of Consumer Protection, testified before the House Subcommittee on Commerce, Trade and Consumer Protection.

“The commission now commits that it will not drop any telephone numbers from the registry based on the five-year expiration period pending final congressional or agency action on whether to make registration permanent,” Parnes said.

To say that the federal DO Not Call list is popular is an understatement. Since its inception in 2003, 149 million phone numbers have been registered on the list. Humorist Dave Barry said the list is "the most popular federal concept since the Elvis stamp."

According to MSN.com:

• 10 million phone numbers were registered within four days of the list's opening on June 27, 2003.
• 30 million numbers were signed up within 40 days.
• 63 million were registered in the list's first year.

Despite the huge list of registrants who wish not to be bothered by annoying phone calls, some telemarketers have attempted to ignore the law. The FTC has brought more than two dozen enforcement actions against various companies and the Federal Communications Commission has issued dozens of citations regarding violations.

There are exceptions to the list:

• Charities.
• Politicians.
• Survey takers.
• Companies that have a prior business relationship with you.

Even with the slight imperfections, the federal Do Not Call list has resulted in a big reduction in interruptions at dinnertime.

People may register their home phone numbers at the National Do Not Call Registry or by calling 1-888-382-1222. After a person registers, the phone number will show up on the registry by the next day. Telemarketers then have up to 31 days to get that phone number and remove it from their call lists.

Again, you do not have to register your cell phone number(s) and are advised not to.

The latest results of an annual study that examines patient outcomes at 5,000 hospitals across the nation show the best care was found in Illinois, Indiana, Michigan, Ohio and Wisconsin.

The 10th annual Health Grades Hospital Quality in America Study released last week ranked the best and worst regions and states in the country for hospital care.

Here is the story with more details and the complete study.

The study is yet another perfect example of why Wisconsin doesn’t need government health care.