LEGISLATIVE VOTING RECORD 2011-12 Legislative Session

Wisconsin’s Business Voice Since 1911 WISCONSIN MANUFACTURERS & C OMMERCE Wisconsin Manufacturers & Commerce

PO Box 352  Madison, WI 53701-0352

Phone: 608-258-3400  Fax: 608-258-3413  www.wmc.org WIsCOnsIn BusIness sees MajOr GaIns In H IstOrIC 2011-12 s essIOn

We are pleased to present the 2011-12 Legislative Voting record, WMC’s biennial business issue scorecard for the Wisconsin state Legislature. is report is designed to help the business community see how individual members of the legislature voted on key issues affecting the business climate in Wisconsin.

e 2011-12 legislative session was historic in many ways. e upward spiral of spending and taxes was reversed; the state’s long-term structural deMcit was eliminated; a solid foundation for responsible budgeting in the future was established and perhaps, most signiMcantly, efforts to improve the state’s business climate took a quantum leap forward. e legislature adopted sweeping legal reforms, comprehensive regulatory reforms and targeted business tax cuts that will help put Wisconsin on a path to robust economic growth and job creation in the years ahead.

e WMC lobbying team worked on 159 separate pieces of legislation during the session. Many of these bills originated as recommendations from WMC members who serve on our various policy committees and were developed by our in-house team of attorneys and policy experts. is report outlines the results of our lobbying effort on the most signiMcant business legislation of the session.

For more information on any issues summarized here, contact the WMC Government relations team at 608-258-3400. sincerely,

james a. Buchen senior Vice President BILL NAME WHAT IT MEANS TO YOU WMC POSITION OUTCOME

STATE BUDGET, Wisconsin Act 28

Creation of the e budget bill included a 7.5% tax WMC supported the creation Passed both houses and Manufacturers credit for manufacturing undertaken in of this tax credit to help signed into law. Tax Credit Wisconsin. When fully implemented, encourage manufacturing in the credit will save Wisconsin Wisconsin. businesses $127 million per year.

No Tax-Increase e budget bill avoided general fund tax WMC supported the adoption Passed both houses and Budget increases and even resulted in a general of a budget that relies on signed into law. fund tax reduction of $23 million. growth in tax revenues from the expanding economy.

Permanent e budget bill included a levy limit for WMC supported the adoption Passed both houses and Property Tax Cap county and municipal governments that of a levy limit to cap property signed into law. only allows increases to be based on the taxes and reduce Wisconsin’s value of new construction. ranking as one of the states with the highest property taxes.

Phosphorus is item in the state budget requires WMC supported the requirement Passed both houses and the Dnr to conduct a detailed to study the costs and beneMts of signed into law. Regulation cost/beneMt analysis of its recent rule to stringent phosphorus regulations. regulate phosphorus discharges. Businesses and lawmakers Compliance costs are likely to exceed deserve to know how much Dnr $1 billion. regulations cost and whether the beneMts justify the costs.

Repeal Energy e budget bill repealed an energy tax WMC supported eliminating Passed both houses and hike passed in 2010 that would have Tax Hike this tax increase because higher signed into law. nearly tripled the amount collected on energy costs make businesses monthly electricity and natural gas bills. less competitive. When fully implemented, the tax hike would have exceeded $256 million per year.

e budget bill included a provision Use of Trapped WMC supported the adoption Passed both houses and allowing combined groups to share net Losses under of this provision because signed into law. Combined business loss carry-forwards incurred businesses with loss carry- Reporting prior to 2009 by group members of forwards should be allowed to multi-state companies that Mle under use them. combined reporting.

1 Page BILL NAME WHAT IT MEANS TO YOU WMC POSITION OUTCOME

CIVIL JUSTICE

Comprehensive Legal is legislation consisted of WMC supported this legislation Passed both houses and Reforms comprehensive product liability reform, because it enhances fairness signed into law. capping punitive damages, establishing and predictability in our legal senate Bill 1 expert standards for witness testimony, system. WI act 2 and re-adopting the frivolous claims January 2011 statute. Special Session

Trespasser Liability is legislation speciMes that a WMC supported this bill Passed both houses and property owner does not owe a duty of because case law in other states signed into law. senate Bill 22 care to a trespasser. threatened to create a duty of WI act 93 care to trespassers in Wisconsin. September 2011 Special Session

Punitive and is legislation repeals a 2009 law that WMC supported this bill Passed both houses and Compensatory allowed state courts to award punitive because of the increased signed into law. Damages for and compensatory damages under the settlement costs incurred by Discrimination Wisconsin Fair employment act employers under the 2009 Claims under the (WFea). remedies still provided for law, the existing ability to Mle WFEA under state law include reinstatement, federal workplace back pay and legal costs. discrimination claims, and senate Bill 202 the indexing factor included WI act 219 in the 2009 law which allowed for higher claims at the state ECONOMIC DEVELOPMENT level.

Local Development senate Bill 504 places limitations on the WMC supported this Passed both houses and Moratoriums authority of local governments to enact proposal to clarify local signed into law. moratoriums to block certain regulatory authority and senate Bill 504 development activities, including a provide greater certainty to WI act 144 demonstration of need and a one-year businesses in terms of the time limit. duration of development moratoriums .

Right: Rebecca Hogan pictured with Governor Walker and Representative Van Wanggaard (R-Racine) at a bill signing.

Le: James Buchen and Jason Culotta discuss budget issues with Chairman of the Joint Committee on Finance, Representative (R-Burlington).

2 Page BILL NAME WHAT IT MEANS TO YOU WMC POSITION OUTCOME

EDUCATION

Authorizing a senate Bill 335 allows school districts to WMC supported this bill Passed both houses and School Board to create a curriculum that will better serve because it will encourage youth signed into law. Grant a Technical students interested in gaining technical to engage in technical learning Diploma skills and preparing for the skilled and in the skilled trades. trades. senate Bill 335 WI act 156 ELECTIONS

Recall Reform is legislation would limit recall WMC supported this Passed the assembly; elections to cases when an elected constitutional amendment no action taken in the assembly joint officer was charged with a serious crime because recent recall elections senate. resolution 63 or violated the state ethics code. have been about policy differences instead of malfeasance in office. ENERGY

Renewable Energy senate Bill 81 would remove limitations WMC supported passage of this Passed both houses and on utilities’ use of hydroelectric power to bill as a means to provide utilities signed into law. senate Bill 81 satisfy the 10% renewable energy with Nexibility in meeting the WI act 34 mandate. 10% renewable energy mandate, and thereby reduce costs for electric ratepayers.

Energy Policy senate Bill 428 makes numerous reforms WMC supported these reforms, Passed both houses and Reforms to state energy policy to modernize including the provision that signed into law. Wisconsin energy regulation. allows utility customers to senate Bill 428 generate renewable energy WI act 155 credits.

James Buchen and Senator (D-Alma) Rebecca Hogan joins Governor Walker and the leaders at Multi-Products discuss health care reform. in Racine for the Technical Diploma bill signing.

3 Page BILL NAME WHAT IT MEANS TO YOU WMC POSITION OUTCOME

ENVIRONMENT

Iron Mining assembly Bill 426 would streamline the WMC strongly supported Passed the assembly. Reform permitting process for iron mining while passage of these important rejected in the maintaining robust environmental reforms as a means to capture a senate. assembly Bill 426 standards. e bill would have $1.5 billion investment in our established clear permitting timelines economy and create thousands and other measures to enhance of family-supporting jobs for predictability. generations to come.

Air Permitting senate Bill 111 repeals Chapter nr 411 WMC supported the repeal of Passed both houses and Reform of the Dnr code, which requires air this outdated regulation that signed into law. permits for construction projects with adds Wisconsin-only cost and senate Bill 111 large parking lots or parking ramps. delay to development projects WI act 121 without a meaningful beneMt to the environment.

DNR Permit senate Bill 326 makes numerous reforms WMC supported these Passed both houses and Reform to streamline Dnr permits, including important permit reforms and signed into law. Chapter 30 waterway permits, and believes they will lead to a senate Bill 326 minor source air permits. more timely and less WI act 167 cumbersome environmental review process in our state.

Wetland Permit senate Bill 368 streamlines the process WMC supported these wetland Passed both houses and Reform for wetland permits by establishing clear reforms as a means to provide signed into law. timelines and approval standards under regulatory relief while ensuring a senate Bill 368 the bill. Increased mitigation high level of protection for WI act 118 opportunities will lead to the creation of sensitive wetlands. more wetland acreage.

Scott Manley testi?es at a hearing on the mining bill Kurt Bauer discusses EPA overreach with Congressman in Hurley, WI. Paul Ryan at the Decision 2012 brie?ng.

4 Page BILL NAME WHAT IT MEANS TO YOU WMC POSITION OUTCOME

ENVIRONMENT

Water Pollution senate Bill 557 requires the Dnr to WMC supported this bill because Passed both houses and Credit Training establish a statewide water pollution of its potential to create signed into law. credit trading program for point-source additional compliance Nexibilities senate Bill 557 dischargers. for businesses regulated by WI act 151 stringent water quality standards.

Disposal of Oil assembly Bill 383 repeals the ban on WMC supported this reform to Passed both houses and Absorbent disposing oil absorbent materials in a eliminate a costly and signed into law. Materials landMll and replaces it with restrictions burdensome “Wisconsin only” that mirror requirements under federal regulation and thereby level the assembly Bill 383 law. regulatory playing Meld. WI act 152

Biogenic assembly Bill 467 prohibits the Dnr WMC supported this proposal Passed both houses and Greenhouse from counting CO2 emissions from because it better aligns signed into law. Gas Emissions biogenic sources like biomass for Wisconsin’s greenhouse gas purposes of air permitting, unless permitting policies with those of assembly Bill 467 required to do so under federal law. the ePa under federal law, giving WI act 171 greater Nexibility to businesses that burn biomass. GOVERNMENT REFORM

Administrative special session assembly Bill 8 made WMC supported these Passed both houses and Rulemaking sweeping reforms to agency regulatory reforms as a means to signed into law. Reform rulemaking, including giving the provide greater accountability in Governor authority to veto rules and the rulemaking process and rein assembly Bill 8 requiring cost/beneMt analyses of all in the unchecked authority of WI act 21 new rules. government agencies to January 2011 regulate . Special Session

Collective In addition to a number of collective WMC supported this bill because Passed both houses and Barganing Reform bargaining reforms for most state and it allowed state and local signed into law. local government workers, this legislation governments to control costs assembly Bill 11 included requirements that most while maintaining essential WI act 10 government employees contribute to the services without raising taxes. January 2011 employee share of pension beneMts and Special Session pay 12% of health insurance premiums.

Scott Manley with Senator Neal Kedzie (R-Elkorn) at Wetland Permit Reform bill signing.

James Buchen and Senator Jim Holperin (D-Conover) discuss the contentious iron-mining legislation.

5 Page BILL NAME WHAT IT MEANS TO YOU WMC POSITION OUTCOME

HEALTH CARE

Health Care is legislation would exempt certain WMC supported this bill because Passed the assembly; Apology statements by health care providers to providers are currently subjected no action taken in the patients from admission as evidence in to many litigation threats. senate. assembly Bill 147 civil and administrative proceedings. adopting an apology law would allow health care providers to thoroughly discuss a patient’s condition, without fear of litigation.

Implementing assembly Bill 210 would have allowed WMC supported this bill in order Passed the assembly but Health Insurance the Office of the Commissioner of to maintain OCI control of rate failed to pass the senate. Reform Insurance (OCI) to maintain oversight reporting requirements, internal of laws already in place under the grievance procedures, and medical assembly Bill 210 federal Patient Protection and loss ratio reporting rather than affordable Care act. turn it over to the federal government.

Health Savings is legislation created a state tax WMC supported this bill, arguing Passed both houses and Accounts deduction for contributions to and health savings accounts can give signed into law. earnings on health savings accounts. employees a strong Mnancial stake senate Bill 2 such accounts have been federally tax in their health care purchasing WI act 1 exempt for a decade. decisions, giving them incentives January 2011 to aggressively manage their health Special Session care costs by becoming more active, engaged consumers.

Rebecca Hogan briefs Eric Schutt, Governor Walker’s Chief of Staff, James Buchen with Governor Walker; Senator Rich Zipperer on WMC’s opinion for health care reform. (R-Pewaukee; le); Andy Cook (2nd from right) and Representative Robin Vos (R-Burlington; right) at a bill signing in the Governor’s Office.

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HUMAN RESOURCES

Sick Leave senate Bill 23 prevents local units of WMC supported this bill Passed both houses and Ordinances government from mandating that an because allowing local leave signed into law. employer provide family, medical, or ordinances would result in a senate Bill 23 health issues leave to their employees. patchwork of confusing and WI act 16 conNicting ordinances statewide . Various Changes senate Bill 219 made various changes to WMC supported this bill because Passed both houses and in the Wisconsin’s unemployment insurance laws it was a balanced package of signed into law. Unemployment including provisions aimed at improving changes for both labor and Insurance Law fraud detection and recovery. e bill was management. a product of the unemployment Insurance senate Bill 219 advisory Council on which WMC serves WI act 198 as the lead management negotiator.

James Buchen shakes Governor Walker’s hand aer he signed Senate Bill 1, comprehensive legal reforms.

James Buchen and Rebecca Hogan discuss unemployment issues with Senator Michael Ellis (R-Neenah) and Senator Rich Zipperer (R-Pewaukee).

Repeal Tax on Adult is legislation repealed the state tax on WMC supported this bill Passed both houses and Dependent the imputed income value of insurance because only Wisconsin workers signed into law. Coverage coverage mandated by the state and federal would have been subject to this government for adult dependents under tax and employers were faced senate Bill 203 the age of 27. Wisconsin was the last state with the complexity of WI act 49 in the nation to adopt this tax exemption. determining how much to assess employees.

Various Changes senate Bill 409 made various changes to WMC supported the work of Passed both houses and to the Worker’s Wisconsin’s worker’s compensation law, the Wisconsin Worker’s signed into law. Compensation including provisions aimed at Compensation Council Law controlling health care costs. e bill because it was a balanced was a product of the Wisconsin package of changes for both senate Bill 409 Worker’s advisory Council on which labor and management. WI act 183 WMC serves as a management negotiator.

Additional Changes senate Bill 417 made various technical WMC supported this bill because Passed both houses and in the changes to Wisconsin’s unemployment it was another balanced package signed into law. Unemployment insurance laws. e bill was another of changes for both labor and Insurance Law product of the unemployment insurance management. advisory council on which WMc serves. senate Bill 417 WI act 236

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TAXES

Supermajority Tax is legislation requires a two-thirds WMC supported this bill because Passed both houses and Increase legislative majority to approve increases Wisconsin is already among the signed into law. in the state income, franchise, or sales highest taxed states in the nation. assembly Bill 5 taxes. WI act 9 January 2011 Special Session

Manufacturers Tax is remedial legislation corrects a WMC supported this bill because Passed both houses and Credit Revisions circular computation error included in it allows for the manufacturers tax signed into law. the budget language creating the credit to function properly when assembly Bill 638 manufacturers tax credit, as well as the credit begins in january 2013. WI act 232 clarifying other deMnitions.

Tax Regulatory is legislation creates certainty for WMC supported this bill Passed both houses and Reform taxpayers by requiring the Department because various long-standing signed into law. of revenue (DOr) to issue binding practices in DOr procedures had senate Bill 23 guidance to taxpayers and clarifying a le taxpayers without reliable WI act 68 number of administrative processes guidance. September 2011 undertaken by the DOr. Special Session

Jason Culotta listens to Senator Van Wanggaard (R-Racine) explain his position on the integrity of the Transportation Fund.

James Buchen, Jason Culotta and Rebecca Hogan discuss family and medical leave with Senator Luther Olsen (R-Ripon) and Representative Steve Kestell (R-Elkhart Lake). (Others pictured: Olsen and Kestell Staff.)

TRANSPORTATION

Transportation Fund is legislation would create WMC supports this Passed both houses; Integrity constitutional protections for the money constitutional amendment to identical language must in the state transportation Fund. avoid the previous practice of pass in the 2013 session, senate joint raiding the transportation Fund and a referendum question resolution 23 for other budgeting purposes. approved by voters to become law.

8 Page Legislative Scorecard 2011-12

e following percentages re@ect how oen an individual legislator voted in support of WMC positions on legislation that would impact the Wisconsin business climate. For the complete roll call go to: www.wmc.org, click on WMC LEGISLATIVE SCORECARD Senate

Carpenter (D-3) 26 % Hansen (D-30) 35% Leibham (R-9) 100% Wanggaard (R-21) 100% Coggs (D-6) 32% Harsdorf (R-10) 100% Miller (D-16) 22% Wirch (D-22) 23% Cowles (R-2) 96% Holperin (D-12) 39 % Moulton (R-23) 100% Zipperer (R-33) 96% Cullen (D-15) 27% Jauch (D-25) 22% Olsen (R-14) 100% Darling (R-8) 100% Kedzie (R-11) 100% Risser (D-26) 17% Ellis (R-19) 100% King (D-18) 45% Schultz (R-17) 88% Erpenbach (D-27) 27% Larson (D-7) 22% Shilling (D-32) 50% Fitzgerald (R-13) 100% Lasee (R-1) 100% Taylor (D-4) 17% Galloway (R-29) 96% Lassa (D-24) 29% Vinehout (D-31) 30% Grothman (R-20) 100% Lazich (R-28) 100% Vukmir (R-5) 96% Assembly

August (R-32) 96% Kerkman (R-66) 100% Pasch (D-22) 19% Tranel (R-49) 96% Ballweg (R-41) 100% Kessler (D-12) 20% Petersen (R-40) 96% Turner (D-61) 26% Barca (D-64) 30% Kestell (R-27) 100% Petrowski (R-86) 100% VanRoy (R-90) 100% Berceau (D-76) 4% Kleefisch (R-38) 100% Petryk (R-93) 100% Vos (R-63) 100% Bernard-Schaber (D-57) 25% Klenke (R-88) 100% Pocan (D-78) 14% Vruwink (D-70) 41% Bernier (R-68) 100% Knilans (R-44) 100% Pope-Roberts (D-79) 16% Weininger (R-4) 100% Bewley (D-74) 22% Knodl (R-24) 96% Pridemore (R-99) 96% Williams (R-87) 100% Bies (R-1) 100% Knudson (R-30) 100% Radcliffe (D-92) 42% Wynn (R-43) 96% Billings (D-95) 40% Kooyenga (R-14) 100% Richards (D-19) 21% Young (D-16) 30% Brooks (R-50) 100% Kramer (R-97) 96% Ringhand (D-80) 19% Zimarripa (D-8) 19% Clark (D-42) 23% Krug (R-72) 100% Ripp (R-47) 100 % Zepnick (D-9) 26% Coggs (D-10) 22% Krusick (D-7) 41% Rivard (R-75) 100% Ziegelbauer (I-25) 92% Craig (R-83) 91% Kuglitsch (R-84) 100% Roys (D-81) 15% Cullen (D-13) 33% Larson (R-67) 96% Seidel (D-85) 26% Danou (D-91) 29% LeMahieu (R-59) 100% Severson (R-28) 96% Doyle (D-94) 35% Litjens (R-56) 100% Sinicki (D-20) 32% Endsley (R-26) 100% Loudenbeck (R-45 ) 100% Spanbauer (R-53) 93% Farrow (R-98) 100% Marklein (R-51) 100% Staskunas (D-15) 40% Fields (D-11) 17% Mason (D-62) 24% Steinbrink (D-65) 28% Fitzgerald (R-39 ) 100% Meyer (R-34) 100% Steineke (R-5) 100% Grigsby (D-18) 6% Milroy (D-73) 28% Stone (R-82) 100% Hebl (D-46) 18% Molepske (D-71) 43% Strachota (R-58) 100% Hintz (D-54) 29% Mursau (R-36) 100% Stroebel (R-60) 91% Honadel (R-21) 100% Murtha (R-29) 100% Suder (R-69) 100% Hulsey (D-77) 22% Nass (R-31) 96% Tauchen (R-6) 100% Jacque (R-2) 96% Nerison (R-96) 96% Taylor (D-48) 29% Jorgensen (D-37) 33% Nygren (R-89) 100% Thiesfeldt (R-52) 100% Kapenga (R-33) 96% O/, A. (R-3) 100% Tiffany (R-35) 100% Kaufert (R-55) 96% O/, J. (R-23) 96% Toles (D-17) 15%

9 Page Legislative Scorecard 2011-12

WORKING FOR WISCONSIN AWARD WINNERS Legislators who supported Wisconsin business with a 75% or better voting record.

SENATE

Rob Cowles Van Wanggaard Sheila Harsdorf Terry Moulton Rich Zipperer Michael Ellis Neal Kedzie Luther Olsen Sco/ Fitzgerald Frank Lasee Dale Schultz Pam Galloway Mary Lazich Leah Vukmir

ASSEMBLY

Tyler August Joel Kleefisch Jeff Mursau John Klenke John Murtha Jeff Stone Joe Knilans Pat Strachota Garey Bies Lee Nerison Ed Brooks Dean Knudson John Nygren Sco/ Suder David Craig Dale Kooyenga Al O/ Mike Endsley Bill Kramer Jim O/ Paul Farrow Sco/ Krug Kevin Petersen Tom Tiffany Jeff Fitzgerald Tom Larson Karl Van Roy Andre Jacque Dan LeMahieu Don Pridemore Robin Vos Michelle Litjens Keith Ripp Chad Weininger Dean Kaufert Roger Rivard Mary Williams Erik Severson Evan Wynn Steve Kestell Dan Meyer Dick Spanbauer Bob Ziegelbauer

10 Page WMC GOVERNMENT RELATIONS TEAM

Kurt R. Bauer James A. Buchen WMC President/CEO Senior Vice President [email protected] [email protected]

Jason Culotta Rebecca Hogan Director of Tax & Director of Health & Transportation Policy Human Resources Policy [email protected] [email protected]

Scott Manley Jim Pugh Director of Energy & Director of Public Relations & Environmental Policy Issues Management [email protected] [email protected]

11 Page For additional copies of the WMC Legislative scorecard contact the Government relations Department at 608-258-3400

Wisconsin Manufacturers & Commerce PO Box 352 * Madison, WI 53701 phone: 608-258-3400 fax: 608-258-3413 www.wmc.org