Friday, June 22, 2012
One-Hundredth Regular Session
STATE OF WISCONSIN
Assembly Journal
The Chief Clerk makes the following entries under the above date:
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Administrative Rules
Relating to the prescription drug monitoring program and affecting small business.
No action taken by committee on Health on June 14, 2012.
To joint committee for review of Administrative Rules, pursuant to s. 227.19 (5)(a), Wisconsin Statutes.
Referred on June 20, 2012 .
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Speaker's Communications
DATE: June 15, 2012

TO: Patrick E. Fuller, Assembly Chief Clerk
FROM: Speaker Jeff Fitzgerald

RE: Appointment of Representative Jon Richards to Joint Committee on Finance
Assembly Speaker Jeff Fitzgerald confirms Minority Leader Peter Barca's permanent appointment of Representative Jon Richards to the Joint Committee on Finance, pursuant to Assembly Rule 9(c).
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Communications
June 14, 2012
Patrick Fuller
Assembly Chief Clerk
17 West Main Street, Suite 401
Madison, WI 53703
Dear Patrick:
Enclosed is a copy of the General Report of the Joint Legislative Council to the 2011-2012 Legislature, prepared and submitted pursuant to s. 13.81 (3), Stats.
I would appreciate your noting in the Assembly Journal, pursuant to s. 13.172, Stats., that this report has been delivered to your office.
Sincerely,
Terry C. Anderson
Joint Legislative Council
Director
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June 21, 2012
Patrick Fuller
Assembly Chief Clerk
17 West Main Street, Suite 401
Madison, WI 53703
Dear Chief Clerk Fuller:
I am writing to let you know that after serving almost 22 years, I have decided to retire from the State Assembly. My current term will expire on January 7, 2013. If there is any additional information you require at this time, please let me know.
Sincerely,
Robert L. Turner
State Representative
61st Assembly District
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Referral of Agency Reports
State of Wisconsin
Southeast Wisconsin Professional
Baseball Park District
Milwaukee
June 11, 2012
To the Honorable, the Legislature:
For the past several years, the Marquette University National Sports Law Institute has provided research studies to the Board of Directors of the Southeast Wisconsin Professional Baseball Park District (District). Law students from Marquette University have completed research reports and comparative analyses on the complex relationships between communities and professional sports franchises.
A1027 This year's project, under the guidance of Professor Martin J. Greenberg, who also serves as a Board member for the District, resulted in a report entitled, "Ten Years Later: Miller Park and Real Estate Development in the Village of West Milwaukee and the Menomonee Valley" (Report). The Report will be presented to the Southeast Wisconsin Professional Baseball Park District at the June 12, 2012 meeting of the Board of Directors. The purpose of the Report is to determine whether Miller Park has had any impact on the adjacent mixed-use development on Miller Park Way in the Village of West Milwaukee and/or the industrial development along Canal Street in the City of Milwaukee's Menomonee Valley.
The Report concludes that "before Miller Park, the land on Miller Park Way and Canal Street was contaminated, environmentally tainted, an eyesore, or legally blighted. The construction of Miller Park helped create a new focus, a new identification and a focal point for the area. The efforts and investments of adjacent governmental units (Village of West Milwaukee and City of Milwaukee) directly affected and benefitted the surrounding areas through new infrastructure, transportation, access and aesthetics. With the energized efforts of the Village and the City, following the construction of Miller Park, there has been a rebirth within the adjacent business and industrial corridors and a dramatic increase in assessed valuation in both municipalities."
According to the Report, "Miller Park has experienced the phenomenon of concentric circles (i.e. real estate development near or surrounding a stadium) like many other Major League Baseball (MLB) stadiums throughout the country. Intergovernmental cooperation has proven to help drive real estate and economic development. The dedicated efforts provided by the Village of West Milwaukee and the City of Milwaukee have resulted in successful developments within both communities." The Report concludes that "MLB stadiums can be valuable anchor tenants for development districts."
I believe you will find the enclosed report interesting. Please feel free to contact me if you should have any questions or comments.
Sincerely,
Michael R. Duckett, P.E., R.L.S.
Executive Director
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State of Wisconsin
Public Service Commission of Wisconsin
Madison
June 15, 2012
To the Honorable, the Legislature:
Enclosed please find a report from the Public Service Commission (Commission) on the rate and revenue impacts of the Wisconsin Renewable Portfolio Standard (RPS). Wisconsin Stat. § 196.378 (4r) requires the Commission to biannually submit a report by July 1 which evaluates the impact of the RPS, Wis. Stat. § 196.378, on the rates and revenue requirements of electric providers and compare that impact with the impact that would have occurred if renewable energy practices of electric providers were subject to market forces in the absence of the requirements of Wis. Stat. § 196.378.
The report notes that as of today, the Commission has approved capital costs amounting to approximately $1.7 billion since 2007 for new utility-owned renewable facilities. The report includes information regarding the impact of the RPS for calendar years 2008 through 2010. Complete information regarding calendar year 2011 will not become available until late in 2012, too late to include in this report.
Using two different perspectives, the report summarizes the overall effect of Wisconsin's RPS on Wisconsin ratepayers from 2008 to 2010, concluding ratepayers paid nearly $210 million from the perspective of new renewable generation or, from the perspective of new renewable electricity sales, approximately $191 million. These dollar amounts translate into an approximately 1.09 percent and 1.00 percent rate and revenue impact, respectively.
The Commission used a Microsoft Excel spreadsheet methodology to calculate the costs of renewable generation used to satisfy the RPS, and to determine rate and revenue impact estimates. For the next reporting period (2010 through 2012), the Commission may consider changes to this evaluation process to provide additional input to the determination required under Wis. Stat. § 196.378(4r). These could include:
Seeking utility and stakeholder input on the analysis required by the statute. As noted in the report, a variety of factors may influence utility decision-making and value determination in this area. Additionally, the utilities in particular are uniquely in possession of information that may provide additional insight into the costs and benefits of their decision to provide renewable energy to their customers. Providing an opportunity for outside input (through data requests, the annual RPS compliance proceeding (see Wis. Stat. § 196.378(2)(c) or opportunity to comment on this report) may further inform the statutory determination on rates and revenue requirements.
Utilizing modeling to analyze the question of rate and revenue requirements with and without the RPS. While it was determined for purposes of this report that the spreadsheet analysis done by staff meets the statutory criteria, it is possible that the Commission could get to a more granular and predictive result by using modeling tools already at the Commission's disposal (EGEAS and PROMOD). This would take a larger commitment of staff time and would benefit from outside stakeholder review.
I hope you find the information in this report useful. Please don't hesitate to contact my staff if you have questions about the report.
Sincerely,
Phil Montgomery
Chairperson
Referred to committee on Energy and Utilities.
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State of Wisconsin
Department of Health Service
Madison
June 18, 2012
A1028 To the Honorable, the Legislature:
Pursuant to Wis. Stats., s. 50.04 (5)(fr), I am submitting the Department of Health Services' annual report to the Legislature related to Class A violations committed by nursing homes, and forfeitures assessed on nursing homes for those violations. As defined by s. 50.04 (3b), a Class A violation is "... a violation of this subchapter or of the rules promulgated thereunder which creates a condition or occurrence relating to the operation and maintenance of a nursing home presenting a substantial probability that death or serious mental or physical harm to a resident will result..."
On December 2, 2011, s. 50.04 (4)(am) was enacted to eliminate the issuance of a state violation, when a federal deficiency was issued for the same noncompliance factors. Section 50.04 (4)(am) states "Dual federal and state violations. 1. Notwithstanding s. 50.01 (3), in this paragraph, "nursing home" does not include a facility serving people with developmental disabilities. 2. If an act or omission constitutes a violation of this subchapter or the rules promulgated under this subchapter, s. 49.498, or requirements under 42 CFR 483 related to the operation of a nursing home, the department may not issue under s. 50.04 (4) (a) a notice of violation of this subchapter, the rules promulgated under this subchapter, or s. 49.498 if the department has, in a statement of deficiency, cited the nursing home for the violation under requirements under 42 CFR 483 related to the operation of a nursing home."
The Department issued 12 Class A violations in calendar year 2011. The enclosed report provides details on all Class A violations, including the original forfeiture amount assessed and the status of payment.
Sincerely,
Dennis G. Smith
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