Dairy Directors’ Leadership Conference Dairy Directors’ Leadership Conference Wisconsin Legislative UpdateWisconsin Legislative Update

John Manske, Director of Government RelationsCooperative Network

April 4, 2012

Wisconsin 2012 Political & Policy Issues

• Recall Elections• Redistricting• Dairy Processor

Modernization• Premise Registration• Raw Milk Sales• Immigration & Worker

Needs• 30x20 Initiative• State Comments on

Child Labor Regs

Leadership Lineup

Governor Scott Walker (R-Wauwatosa)

(Facing June 5 Recall election)

Jeff Fitzgerald (R-Horicon)Speaker of the Assembly

(Running for U.S. Senate)

Scott Fitzgerald (R-Juneau)Senate Majority Leader

(Facing June 5 Recall election)

Executive and Legislative Branch Leadership

The Wisconsin Way: Recall Elections

• Some citizens are upset with Governor Walker and Republican Senators for their vote on the “collective bargaining bill” and various biennial budget actions and others were upset that Democratic Senators left the state to stall action on the Governor’s bill.

• The citizens of Wisconsin are granted the authority to perform a recall election by Section 12 Article Xlll of the Wisconsin Constitution.

• Currently, no grounds for the recall need not be demonstrated (stated) when undertaking a recall against an elective officer.

• The number of valid signatures required for a recall election is 25% of the number of persons that voted in the last preceding election for governor/or other office.

• 42-state level recall elections have occurred in U.S. history, and 15 of these will have taken place in WI during 2011-2012!

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Summer of 2011Six Republican Senators and three Democrat Senators faced recall

elections Jessica King (D-Oshkosh) defeated Randy Hopper (R-Fond du Lac) 18th Senate District

State Representative Jennifer Schilling (D-La Crosse) defeated Dan Kapanke (R-La Crosse)32nd Senate District

Republican majority reduced to 17-16

Efforts to Change Recall Law

• 2011 AJR 63, (Rep. Vos/Sen. Harsdorf)– Passed the Assembly 60-37– Would require that an elective officer could be recalled only if

charged with a serious crime or if a finding of probably cause has been made that he/she violated the state code of ethics

– Would also require the legislature to establish a code of ethics for govt. officials

– GOP argues there needs to be a higher recall threshold• Was not taken up in Senate

Recall elections this year

• Government Accountability Board has approved recalls based on sufficient # of signatures for Governor, Lt. Governor and 4 State Senators

• If more that two persons compete for office in a party, a recall primary will be held

• Announced Democratic candidates for Governor are:– Former Dane County Executive Kathleen Falk– Senator Kathleen Vinehout (Alma)– Sec. of State Doug La Follette– Milwaukee Mayor Tom Barrett

Recall Election • Recall elections will be June 5 (after U.W. students

go home for the summer)• Primary would be May 8• Republicans have announced that “fake

Democrats” will file in all recall contests, assuring that primaries will be held, and recall elections will all fall on June 5. Republicans will ensure such candidates will qualify but don’t plan to work for their election.

• Statewide cost expected to be $9 million.

More Senators targeted by recall efforts now

• Republicans are Fitzgerald (Juneau), (Galloway (Wausau), Moulton (Chippewa Falls), and Wanggaard (Racine)

• Democrats announced to challenge are as follows: Lori Compas (recall organizer), State Rep. Donna Seidel, former State Rep. Kristen Dexter and former State Sen. John Lehman

• Sen. Galloway resigned March 16 due to family health challenges, leaving Senate split 16-16

Wausau area Senate District update• Government Accountability Board stated recall will

proceed even though Sen. Galloway resigned • State Rep. Jerry Petrowski (R-Marathon)

announced he will run to attempt to hold seat for Republicans

• State Rep. Donna Seidel (D-Wausau) will attempt to take seat for Democrats

Additional Senate Recalls?• A conservative, Milwaukee based group

announced recall efforts against Senator Robert Jauch (D-Poplar) and Senator Dale Schultz (R-Richland Center) due to their opposition to the mining legislation that passed the Assembly

• “Insider” thinking is these recall efforts may fall short of required signatures

Redistricting – Which Maps To Use?• The Legislature draws the maps after each 10 year U.S. census,

based on census data to assure representational equality

• The new maps were created by the 2011-2012 members of the Legislature, and changes to benefit GOP were made– Democrats contend 59 “safe” GOP Assembly districts created vs. 40 “safe”

Dem. • District maps reviewed by federal judges, changes ordered

– Review by three judge federal panel (2 judges app’td by Republican Presidents and 1 by Democratic President)

– Primary Concern: dilution of Latino population into two Milwaukee Assembly districts

– Judges ordered redrawing of those two districts only, and for the two “sides” to work up revised boundaries

Redistricting – Changes for Nov. elections

New Congressional Districts

Dairy Processor Modernization

• Dairy Plant Investment Tax Credit – passed by Legislature as part of 2007-09 budget• Authorized credit equal to 10% of expenses made to modernize or expand• “Dairy cooperative manufacturing facility investment credit” allows credit to be

passed through to cooperative members by cooperative• Signed into law as part of 2009 Budget Adjustment legislation

• Department of Ag, Trade & Consumer Protection has a total of $700,000 available for dairy cooperatives in each FY through 2016

• Maximum amount a business can claim is $200,000 per site.• 2011 SB 260 allows pass-through of credit to producer member in tax

year after plant incurred expenses – this eliminates timing problems of the law without such a change

• SB 260 passed both houses, enrolled, on Governor’s desk

Premise Registration Funding• Because of the elimination of “earmarks” from the

federal appropriations process, maintenance of WI. Livestock Premise Registration database is at risk

• WLIC announced 3 part “Partnership to Protect & Promote WI.”

• One part is a government partnership on the regulatory components of the program

• SB 396 was introduced by Sen. Sheila Harsdorf (R-River Falls) and Rep. Gary Tauchen (R-Bonduel)

SB 396 – Premise Registration• SB 396 as amended appropriates $250,000 from

DATCP’s general fund for admin. of premise registration program for fy 2012-13

• Also requires DATCP to make a budget proposal for providing sufficient future funding for the program

• SB 396 passed Senate 29-4, Assembly 50-41• Awaiting Governor’s signature

Raw milk salesBill to allow on-farm sale of raw milk products• Sen. Glenn Grothman (R-West Bend) introduced SB 108 to allow

on-farm sale of unpasteurized milk and milk products for those who have a producer license and grade A permit

• Producers who milk fewer than 20 cows would be able to register with DATCP and sell the products on-farm

• Farmer would have to post sign stating “Raw milk products sold here. Raw Milk Products are not pasteurized”

• Farmers with fewer than 20 cows would be exempt from DATCP rules governing dairy farms, and the testing and quality of milk

• Cooperative Network active in “Safe Milk Coalition.” No hearing or executive action was taken on the legislation

Immigration – status verification• Rep. Don Pridemore (R-Hartford) introduced legislation

(2011 AB 173) that would require law enforcement officers to determine whether a person who is arrested for or charged with a crime or civil violation is lawfully present in the state if the officer has reasonable suspicion that the person is not lawfully present.

• An officer may not consider a person’s race, color or national origin except as permitted under US & WI constitutions.

• A person who cannot prove lawful presence may be held in secured custody for up to 48 hours to obtain documents.

AB 173 (continued)• The proposal requires a law enforcement agency to transport a

person who cannot produce documentation to a federal immigration or border patrol agency

• The proposal prohibits “sanctuary cities:– A city, village, town or county could not enact an ordinance or establish a

policy prohibiting an employee from inquiring whether an individual who receives public services is lawfully present

– Or from notifying the federal government of the presence of aliens who are not lawfully present

– Or acting contrary to or failing to comply with state law regarding arrested persons who are not lawfully present

• A citizen who believes that a locality is not complying with these requirements may petition for a writ of mandamus requiring compliance

• No hearing or executive action was taken on the bill

30 x 20 Initiative Announced• Governor Walker announced on March 13• Aims to reach 30 billion lbs. of milk by 2020 in WI• Dairy 30x20 grants for dairy farmers announced March 30

– Planning & Preparation teams: Up to a $5000 grant to be used towards business development & expansion needs. Eligible costs are professional services such as engineering, siting, design, layout of barns.

– Dairy Profit Teams: Up to a $5000 grant to develop on-farm management team to assist on management of existing operational systems and ID ways to improve profit.

• Cost share payment of 20% of grant amount by farmer is required

30x20 Initiative• Ways to access grant material:

– GrowWisconsinDairy.wi.gov– Toll free 1-855-WIDAIRY (943-2479)– GrowWisconsinDairy@wi.gov– Twitter.com/widatcp– Facebook.com/widatcp

• Cooperative Network has been part of industry working group at DATCP looking into ways to improve efforts for producers and processors

• Processor working group outcomes yet to be revealed

DOL Child Labor Regulations• December 1, 2011: stakeholder letter to federal

Department of Labor (DOL) expressed opposition to proposed Child Labor Regulations in agriculture– Cooperative Network among 70-plus organizations on the letter

• December 7: letter sent to WI congressional delegation from 28 WI state legislators expressing concerns with DOL proposal; Congressional letters also sent to DOL.

• Feb. 1, 2012: DOL announced it would “re-propose” a portion of regulation interpreting “parental exemption”

• Information suggests revision will not include changes that respond to agricultures’ concerns – may see in June/July

Questions?

•Thank you!