The Health Care Transparency Bill (Senate Bill 418/Assembly Bill 614) I’ve been blogging about passed the Senate today by a vote of 31 to 0 today. 

The bill is designed to encourage competition among health care providers, by requiring them to provide consumers with the financial tools necessary to make informed decisions about how to spend their precious health care dollars. Here’s the reason: When consumers start shopping around for the best price and most comprehensive service, competition increases. When competition increases, costs go down.

Rising health care costs are real, every day problems for Wisconsin families. That’s why I started meeting with stakeholders, including providers, hospitals, insurance companies, employers and consumer groups to design legislation that would bring useful price information to the health care market. Senate Bill 418 is the legislation that emerged from those valuable conversations.

The Health Care Transparency Bill will allow:

• Apples to apples comparison shopping on frequently performed services.

• Consumers to receive price estimates prior to a procedure.

• Consumers with insurance to find out what their out-of-pocket costs are prior to the service occurring.

If we want people to be good consumers of health care, we need to give them the tools necessary to make good, informed decisions. When it comes right down to it, people deserve to know the cost of their care, and they deserve to get an answer to the question: ‘What’s this going to cost me, doc?’

The bill is now headed to the governor’s desk.

If you have questions about the Health Care Transparency Bill, give me a call at 866-817-6061.

I voted for BadgerCare Basic because it was the right thing to do, and ultimately, I do not think that it is right to ignore our fellow citizens in need.

Last year, BadgerCare Core was created to provide health care coverage to low-income adults without children. Within months, need for the program exceeded enrollment limits, and individuals had to be put on a waiting list. Today, there are around 25,000 individuals on the waiting list. 

BadgerCare Basic is the plan that was designed to provide some relief to the individuals on the waiting list. It is a bare bones plan providing catastrophic coverage and basic primary and preventive care. To be eligible for the program, individuals must be on the Core waiting list, have incomes below 200 percent of the Federal Poverty Level ($21,660 for individuals and $29,129 for married couples), and must have been uninsured and with no access to employer health insurance for the 12 months prior to enrollment.

BadgerCare Basic is designed to be self-funded. Enrollee premiums are $130 per month, and are the premiums that were set by the state’s actuaries, PricewaterhouseCoopers.

I do not think it is right to deny even minimal coverage to people in need, especially when a federal grant and a self-funding program are available to provide this minimal level of coverage. While I felt that it was crucial to pass this bill without delay, my role as a steward of public resources led me to institute amendments to ensure the program would be run efficiently. The amendments I supported (which passed) require:

• The Department of Health Services to send quarterly reports to the Legislature’s Joint Finance Committee on the solvency of the plan.
• The Department of Health Services to confirm participant eligibility on a monthly basis.
• The Department of Health Services to notify potential enrollees of other programs that may be available to them (including coverage under a parent’s policy, COBRA coverage, HIRSP coverage, and coverage in the individual market).   
• The nonpartisan Legislative Audit Bureau to do a full audit of the plan. 

As we help people access health care, we will also help the community save money. We all pay for the uninsured already, in unfunded health care and ER care expenses that are shifted to the public when those in need have no coverage. Hopefully, with the addition of BadgerCare Basic, more people will have access to a minimal level of care, allowing preventive care and screening to prevent more expensive health care or ER complications. That will result in public resources and tax dollars saved and better and healthier outcomes.

If you have any specific questions on BadgerCare Basic, I strongly encourage you to visit http://dhs.wi.gov/badgercareplus/. You can also email me directly at Sen.Sullivan@legis.wisconsin.gov.

The IRA Reform Bill, which I authored, passed the Assembly yesterday by a unanimous 93 to 0 vote. The IRA Reform Bill is a comprehensive reform package that will encourage people to invest in their retirement and help members of the military. The bill is now headed to the governor’s desk.

See details on the IRA Reform Bill in my previous blog, IRA Reform Passes Senate Unanimously.

Another bill of mine, Health Care Transparency, passed the Assembly yesterday too, and will be up for a Senate floor vote on Tuesday. Read details on that bill in my previous blog: New Year, New Developments for Wisconsin.

If you have questions on either of these bills, or any other legislation, call me at the office at 866-817-6061 or send me an email at Sen.Sullivan@legis.wisconsin.gov.

Wauwatosa Students Earn a Unanimous Vote from the Senate Agriculture Committee  

An effort launched by students from St. Joseph School in Wauwatosa is one step closer to becoming law. Yesterday, the Senate Committee on Agriculture and Higher Education voted unanimously in favor of a bill that would make Wisconsin cheese the official state snack of Wisconsin.

The students, who are now in middle school, came up with the bill idea themselves back in 2006 when they were studying state symbols at St. Joseph Elementary School in Wauwatosa. The students started brainstorming ideas for a state snack, and after extensive research, the class decided that cheese should be the official snack of Wisconsin. The state of Wisconsin already has many official state symbols including a state tree (sugar maple), a state bird (robin), and even a state dance (polka). 

I am really proud of these kids for recognizing that cheese is an integral part of our state’s economy. I hope this encourages more young people like them to learn about how a good, civic-minded idea can become law.

Watch video of the students joining me to testify at SenatorSullivan.com.

Assembly Voting on Health Care Transparency Bill

The Assembly is voting on the Health Care Transparency Bill (Senate Bill 418/Assembly Bill 614) I authored with my colleague, Rep. Jon Richards (D-Milwaukee) today. The bill will encourage competition among health care providers by requiring them to provide health care consumers with the financial tools necessary to make informed decisions. Read the details in my previous blog on the topic: New Year, New Developments for Wisconsin.

The bill was also passed unanimously out of the Senate Health Committee yesterday, making it eligible for a Senate floor vote.

An Ounce of Prevention is Worth a Lifetime of Wellness

I testified before the Senate Health Committee yesterday on Senate Bill 502, a bill I authored which would allow health plans and insurance providers to expand incentive-based wellness programs.

This is commonsense legislation that will help encourage people to make healthy lifestyle choices. Please read my testimony below.

Testimony of Senator Sullivan

Senate Bill 502

Senate Health, Health Insurance, Privacy, Property Tax Relief, and Revenue Committee

Good morning, Chairman Erpenbach and members of the committee. Thank you for holding a public hearing on this important legislation and for the opportunity to speak to the committee about Senate Bill 502. With health care costs continuing to rise across the state and nation, it is important to find practical ways to reduce these costs to consumers. SB 502 and its companion bill in the Assembly, AB 699, will offer fully insured plans and individual policyholders the ability to access wellness programs.

SB 502 allows an insurer to advertise, market, offer, or operate a wellness program without violating an unfair trade or marketing practice. Some examples of wellness programs include: weight loss programs, smoking cessation classes and health education seminars.

The intent of voluntary program incentives is to encourage participation in wellness programs. Seven in 10 consumers say they would participate in a wellness program and 76 percent would participate in a disease management program if they were given financial incentives such as a premium discount or financial reward.

SB 502 will also enable employers to provide financial incentives for healthy behaviors. Incentive-based programs offer rewards to participating individuals, and ultimately, these programs contribute to lower long-term health care costs. 

Wellness program incentives must be made available to everyone and the program must provide reasonable alternative standards for persons with medical conditions that make it medically unadvisable for them to participate or satisfy the program standard. Programs can individually tailor the standards on a case-by-case basis.

Wellness programs have been proven to improve health and therefore lower health care costs.

The Wisconsin Senate passed the IRA Reform Bill, Senate Bill 439, today by a vote of 33 to 0. The bill, which I authored, is a comprehensive reform package that will make state law consistent with the federal tax code, encourage people to invest in their retirement, and help members of the military.

Here’s how the bill works:

The IRA Reform Bill Removes Penalties

Current Wisconsin law does not allow for all individuals to convert from a traditional IRA to a Roth IRA without a stiff penalty. That’s why I decided to introduce the IRA Reform Bill to allow all individuals, regardless of their income level, to convert to a Roth IRA penalty free.  I have heard from constituents, CPAs and financial planners who overwhelmingly support removing stumbling blocks to planning for retirement. This provision was enacted on the federal level in 2005 for tax years starting in 2010, and it is time for Wisconsin to do the same.

The IRA Reform Bill Allows You to Save More

The IRA Reform Bill will also make Wisconsin retirement contribution limits match federal law, ensuring Wisconsin residents can continue to contribute the maximum amount to retirement accounts. Keeping Wisconsin’s tax treatment of retirement accounts current with federal law will encourage Wisconsin workers to save for retirement. Encouraging people to invest in their future makes good financial sense not only for retirees, but the entire state.

The IRA Reform Bill Helps Members of the Military

The IRA Reform Bill also adopts federal changes made in the Heroes Earning Assistance and Relief Tax (HEART) Act of 2008.  These changes would exempt Guard members and U.S. military reserves from certain IRA penalties, including withdrawal penalties, if they are called to active duty for more than 179 days. It also allows military death benefits to be added to a Roth IRA notwithstanding the annual contribution limits, allows reservists called to active duty to withdraw funds from their health flexible spending accounts without incurring penalties, and excludes from gross income any state or local bonus payment made to military families if their payment is related to their service in a combat zone.

The Future of IRA Reform

The IRA Reform Bill is now headed to the Assembly for concurrence. The bill is supported by the Wisconsin Institute of CPAs, the National Association of Insurance and Financial Advisors, the Wisconsin Bankers Association, and the State Bar of Wisconsin. 

We’ve all seen them, signs stuck in the media, or at an off ramp, asking “Looking for L-O-V-E? Call 1-800-GR8-DATE” or “Home foreclosing? Call our lending specialists at LENDN-4-U.” The business entities that produce these signs litter our roadways and block the line of sight on highways, creating distractions, interfering with the right of way, and causing an eyesore. And as we’ve seen with a number of so-called foreclosure specialists who plaster posters in our neighborhoods, these entities advertised can go from less than legitimate to downright criminal.

Right now, it’s against the law for an individual to place a sign in the right of way, but giving a small ticket to one person who is hanging signs will not solve the problem. In most cases, law enforcement never sees the individual who places the signs. There will still be businesses who produce scofflaw signs to spread their message without regard to public safety and the beauty of our neighborhoods. That’s why I introduced Senate Bill 457, which would create real penalties for business entities that produce these nuisance signs and place them in highway rights of way. 

My bill prohibits, with exceptions, a business entity from placing, or causing to be placed, any sign that advertises or promotes a business within a highway right of way. A business entity that violates this prohibition may be fined up to $50 for each sign.

This legislation only targets illegitimate propaganda machines that litter our streets. Signs advertising a yard sale, garage sale, rummage sale, church or fair event, or any similar event are exempt from this bill. The goal of Senate Bill 457 is to eliminate signs from fly-by-night scam artists, not to stop community members from advertising their yard sales.

The Senate Transportation Committee is expected to recommend passage of this bill tomorrow, which will make it eligible for a Senate floor vote.

Health Care Transparency Update

Another bill of mine passed unanimously in the Assembly Committee on Health and Healthcare Reform this afternoon. The Health Care Transparency Bill (Senate Bill 418/Assembly Bill 614) brings useful price information to the health care market. Under AB 614, health care providers will provide two things to consumers:

• An estimate of what they will charge for a service, assuming no medical complications
• A price list for the 25 services their specialty performs most frequently

The top 25 list will be in a format that is easily understood by consumers, not in medical jargon. 

This is also scheduled for a public hearing before the Senate Health Committee tomorrow.

If you have any questions about these bills, email me at Sen.Sullivan@legis.wi.gov.

IRA Testimony

I recently testified before the Senate Committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions on a bill I authored that is designed to bring Wisconsin in line with most other states in the nation regarding IRA withdrawals and conversions. Below is my testimony:

Regarding Senate Bill 439: Adoption of provisions related to IRAs and the Heroes Earnings Assistance and Relief Tax Act of 2008

January 20, 2010

Good morning and thank you for hearing testimony regarding this very important and timely issue regarding individual retirement accounts.  Wisconsin’s individual income tax statutes have not been amended to recognize the elimination of the $100,000 income limit in the Internal Revenue Code, beginning in tax year 2010.  Many citizens will be affected if this important provision is not amended to comply with federal regulations. 

Senate Bill 439 makes several changes to state income and franchise tax laws to conform with changes made at the federal level to the Internal Revenue Code. It allows taxpayers who have adjusted gross incomes over $100,000 to convert amounts from a traditional IRA to a Roth IRA without incurring penalties.

The bill also adopts federal changes that were made as part of the Heroes Earnings Assistance and Relief Tax Act of 2008, including making permanent the provision that allows Guard members and U.S. military reserves to make withdrawals from an IRA without penalty if they are called to active duty for more than 179 days.  In addition, SB 439 allows military death benefits to be added to a Roth IRA notwithstanding the annual contribution limit that would otherwise apply, and allows reservists called to active duty to withdraw funds from their health flexible spending account without incurring penalties.  This bill excludes from gross income any state or local bonus payment made to military families if their payment is related to their service in a combat zone.

In the past couple months, I have heard from constituents, financial planners, CPAs, and tax attorneys regarding the urgency of adopting these provisions.  I am very pleased to tell you that this legislation has support from the Wisconsin Bankers Association, Community Bankers of Wisconsin, JP Morgan Chase, the State Bar of Wisconsin and Thrivent Financial for Lutherans.  I urge you to support this legislation.

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Fairness for Victims Act Update

The Fairness for Victims Act, Senate Bill 182, is one step closer to becoming law. The Fairness for Victims Act passed in the Assembly on January 19, and in the Senate in October 2009.

Right now, if you are injured as a result of another person’s negligence, you have three years to file a lawsuit. But if someone hurts you in an intentional act, you only have two years to take action. That means if you slip on your neighbor’s walk, you have a three-year window to file suit. But if your neighbor punches you in the face, you have only two years.

I authored the Fairness for Victims Act because it seems counterintuitive to essentially cut a break to a wrongdoer in the case of intentional harm. This bill will level the playing field by giving victims of intentional and unintentional acts three years to file suit. 

The Senate just passed the CORE Jobs Act, Senate Bill 409, on a 32 to 1 vote.  CORE stands for Connecting Opportunity, Research, and Entrepreneurship. I was pleased to vote in favor of this bill package, as I believe it will achieve that important goal.

In addition to increasing our state’s investment in bringing jobs back to Wisconsin from overseas, and increasing Wisconsin’s investment in re-opening shut down factories with new, green industries, the CORE Jobs Act will increase the amount of job-creating tax credits available for businesses. I think this will be a very important tool in reinventing and reinvigorating the economy in the 5th Senate District.

Here’s how it will work: The CORE Jobs Act includes an expansion of Accelerate Wisconsin, the program which provides tax credits for angel and venture capital investment. The tax credit program will go up by $3 million for 2010 and by $12 million for every year thereafter. The new cap would make $8 million in tax credits available in 2010 and $20 million in 2011 and beyond. 

As chair of the Senate Committee on Biotechnology, I recognize high-tech and life sciences as a center of growth. In October 2009 alone, eight biotechnology companies moved to Wisconsin from other states, due in large part to the availability of investor tax credits: Aldevron, Flex Biomedical, Inc, Inviragen, Inc., Exact Sciences Corporation, NanoMedex, Radip Diagnostek, RJA Dispersions, LLC and VitalMedix.

I want to see similar high-tech businesses choose a southeastern Wisconsin community for their headquarters. Wisconsin’s high-tech industry is worth more than $8.7 billion, employs more than 34,000 people and is the fastest growing segment of our the economy. We need to do everything we can to ensure that we bring more of those jobs to the 5^th Senate District.

Our area is already becoming a high-tech hub, with the planned construction of the UWM Engineering Campus near the Medical College, the Children’s Hospital, the Blood Center of Wisconsin and GE Healthcare. Fostering additional growth in this sector by providing tax credits to high-tech firms is a sound financial investment for our community.

If you have questions about the CORE Jobs Act, send me an email at Sen.Sullivan@legis.wisconsin.gov.

I just testified before the Senate Committee on Transportation, Tourism, Forestry, and Natural Resources on a bill that I introduced this week on behalf of Brewer fans. 

Milwaukee Brewer officials recently contacted me with a concern regarding behavior that detracts from the club’s efforts to create an environment at Miller Park that is family and fan friendly. In recent years, individuals reselling tickets have become more aggressive with their sales tactics. They have stalked potential buyers as they walk to the stadium and have jumped onto tourist buses as they arrive at the park.

In an effort to curtail this behavior, the Milwaukee Brewers, while working with the City of Milwaukee, established a ticket “resale zone” as the only area at Miller Park (the area owned by the Baseball Park District) where tickets may be resold. Individuals selling outside the zone may be cited for trespassing and escorted off the premises. Unfortunately, state law has been ambiguous as to the enforceability of trespassing restrictions on what has been park property. This bill resolves that ambiguity in favor of protecting the public and the sports club, while maintaining a designated resale area.

My bill, Senate Bill 458, would permit the creation and enforcement of a ticket resale zone on the Miller Park grounds. In addition, the right to create the zones would extend to Lambeau Field, the Bradley Center, the University of Wisconsin and any municipality. Those observed violating a requirement to resell tickets within a designated zone would be subject to a Class C forfeiture (a civil penalty up to $500) and immediate removal from the premises. Anyone twice convicted of the offense could be banned from entering the premises in the future.

I am proud to represent a district that includes the home of the Milwaukee Brewers, Miller Park. Since opening in 2001, Miller Park has not only been home to exciting baseball, but also the home to major employment opportunities within the 5th Senate District.

Along with the economic impact of Miller Park, the stadium remains a great spot for families and friends alike. I always enjoy taking my two boys to the stadium, and seeing all the other groups enjoying a night at the ballpark. We need to protect this experience for our families, and make sure they are not subjected to anything other than a fun night at the ballpark when they attend a game.

Click here to read coverage of the bill published by the Milwaukee Journal Sentinel.

The New Year promises major progress when it comes to increasing competition in Wisconsin’s health care sector. 

Rep. Richards and I introduced the Health Care Transparency Bill (Senate Bill 418/Assembly Bill 614) earlier this month, and it has already had a public hearing before the Assembly Committee on Health and Healthcare Reform. The bill will encourage competition among health care providers by requiring them to provide health care consumers with the financial tools necessary to make informed decisions.

More employers are turning towards high deductible plans in response to skyrocketing premiums. These high deductible plans place more of the financial responsibility on the consumer, but the consumer’s ability to make informed decisions about care has been limited by a severe lack of available information and a complex pricing system. The Health Care Transparency Bill would require health care providers to disclose their prices.

Nowhere else are people asked to purchase a product without knowing ahead of time how much it's going to cost, and it should be the same with health care.

Under the Health Care Transparency Bill, consumers will have the right to receive a good faith estimate for the cost of a procedure, including out-of-pocket costs. In addition, health care providers will be required to make available a price list for their top 25 most frequently performed procedures.

Price disclosure will increase competition in the health care industry. Here’s why: As consumers begin to shop around for the best value, providers will compete on price and quality.

The bottom line is that people deserve to know the cost of their care. Period.

Laws Respond to Citizens’ Needs for New Year

Several of the bills I authored this session in response to your needs have been signed into law. Here’s a quick snapshot:

Drunk Driving Reform: Senate Bill 66 was signed into law on December 22. The law makes a fourth-offense OWI a felony if the driver has a previous OWI-related conviction within the previous five-year period.  It also criminalizes a first-offense OWI if a child is in the vehicle and expands statewide the successful Winnebago County Safe Streets Treatment Option Program.  Among its other provisions, the new law will require the installation of Ignition Interlock Devices (IID) for all repeat offenders as well as first-time offenders with a BAC of .15 or higher.  The new law takes effect on July 1, 2010.

U-Turns: As of January 1, 2010, drivers will be allowed to perform U-turns at controlled intersections unless there is a sign specifically prohibiting it. The new law will also allow vehicles to pass left-turning vehicles by using either the roadway or the paved shoulder. 

Indoor Environmental Quality: This law will help give schools a protocol to follow when dealing with indoor environmental quality issues.  It requires the Department of Public Instruction (DPI) to convene a task force to develop a model management plan for indoor environmental quality in public and private schools.  Using the DPI plan as a model, school districts will be able to adopt a plan that best meets the needs of their community.

An informal survey and records requests from the Wisconsin Department of Commerce and the former Wisconsin Department of Health and Family Services identified almost 100 school buildings with concerns about indoor environmental quality. Failure to prevent and respond to indoor air problems promptly can have grave consequences for our teachers and students, including health problems, reduced performance and absenteeism. 

The Senate and the Assembly passed Senate Bill 66 this week, the most comprehensive drunk driving reform package in state history. Representative Tony Staskunas (D-West Allis) and I collaborated in drafting this legislation and worked with legislative leaders in both houses to bring true drunk driving reform to Wisconsin.

Both houses have spent months deliberating on drunk driving—reform that has been years in the making. The debate in which we have engaged is a true testament to the democratic process, and to the dedication of victims’ families and advocates who have been calling for change, session after legislative session.

I think it is particularly poignant that we were able to pass this important legislation leading into the holiday season. Our history in this state is full of instances where somebody's joyous occasion and holidays have been turned into tragedy because of alcohol-related accidents. The timing could not be more appropriate.

Senate Bill 66 will make a fourth-offense OWI a felony if the driver has a previous OWI-related conviction within the previous five-year period. The bill also criminalizes first-offense OWI if a child is in the vehicle and expands statewide the successful Winnebago County Safe Streets Treatment Option Program. Among its other provisions, Senate Bill 66 will require the installation of Ignition Interlock Devices (IID) for all repeat offenders as well as first-time offenders with a BAC of .15 or higher. The bill also requires mandatory prison sentences for repeat drunk drivers. 

Wisconsin has the highest rate of drunk driving in the nation. According to the Department of Transportation, alcohol-related crashes killed 234 people and injured more than 4,000 people in 2008. In response to this problem, the Assembly unanimously passed Assembly Bill 283 on September 17, 2009, and the Senate unanimously passed Senate Bill 66 on November 5, 2009. Due to minor differences between the bills passed by both houses, this week’s action was necessary to resolve the differences between these proposals.

Governor Doyle is expected to sign Senate Bill 66 into law later this month.

I commend the Department of Transportation (DOT) for rebuilding three bridges on the Zoo Interchange, but I am also urging the state to finally make the commitment necessary to redo the entire interchange as soon as possible.

After reviewing a forensic study conducted on the Zoo Interchange, DOT has decided to do an emergency rebuild of the following ramps:

1)         Northbound I-894/US 45 through the interchange to north US 45

2)         Southbound US 45 to the eastbound I-94 connector ramp

3)         Northbound I-894/US 45 to the westbound I-94 ramp

All three bridges will cost a total of $12-22 million to rebuild. According to DOT, the construction will be paid for by the savings from the Marquette Interchange. When the entire Zoo Interchange is rebuilt and placed in a new footprint, DOT will tear down these bridges and rebuild them.

It’s still necessary to rebuild the entire Zoo Interchange to address design and traffic flow issues, but these ramps need to be redone immediately. We must maintain safety. We can’t allow bridges to collapse. This is an investment we have to make.

I appreciate DOT's response to the study, but it's time for the state to invest in a permanent solution.  A band-aid approach was not enough… The Zoo requires major surgery. But even the ramp rebuild is a temporary fix. We still need a permanent solution in the form of rebuilding the entire interchange sooner rather than later. We need a commitment from DOT, Governor Doyle and neighboring communities, and we need it now.

According to DOT, there are about two crashes per day on the Zoo, with approximately 30 percent of crashes resulting in injuries. 350,000 cars travel through it each day. The Zoo Interchange opened in the 1960s, making it the oldest and most heavily traveled interchange in the state.

Senate Bill 66, the drunk driving reform package I authored, passed the Senate today by a vote of 32 to 0.

During my speech on the Senate floor today in favor of drunk driving reform, I read a letter from Matthew Heroux, whose 18-year-old sister Talhia was killed by a drunk driver.

Heroux writes: "The constant reminders of my sister that I see and hear have made living my everyday life tremendously difficult. There are so many things I never got to say to her.  We will never laugh together again, or even have a simple conversation. To see the door to her bedroom closed, knowing she won’t be walking out ever again, I don’t think time will ever heal that pain."

Heroux’s story exemplifies why the Senate needed to pass Senate Bill 66. It is frustrating to realize there is nothing within the power of the legislative body to make up for the kind of tragedy families have suffered as a result of drunk driving. We cannot bring Talhia home for the holidays. But we can honor her memory by passing Senate Bill 66, which will create tougher sanctions for drunk drivers, and expand treatment options and prevention mechanisms in our state.

Wisconsin has the highest rate of drunk driving in the nation. According to the Department of Transportation, alcohol-related crashes killed 234 people in 2008, and injured more than 4,000 people.

Senate Bill 66 will make a fourth OWI offense a felony if the driver has a previous OWI-related conviction, suspension, or revocation within the previous five-year period. The bill will also criminalize the 1st offense OWI if children are in the vehicle. In addition to tougher sanctions, Senate Bill 66 expands the use of Ignition Interlock Devices (IID), one of the tools that government has to prevent drunk drivers from getting behind the wheel. Senate Bill 66 also includes statewide expansion of the successful Winnebago County Safe Streets pilot program, which directs some offenders into alcohol treatment programs. 

The Assembly passed its version of drunk driving reform, Assembly Bill 283, on September 17, 2009.

Last session, I successfully passed legislation that provided incremental penalties for drunk drivers.  This package further strengthens the tools and options available to Wisconsin’s law enforcement and court systems.

Four bills that I authored passed the Senate last week. Read about each piece of legislation below:

Senate Bill 182: The Fairness for Victims Act

Right now, if you are injured as a result of another person’s negligence, you have three years to file a lawsuit. But if someone hurts you in an intentional act, you only have two years to take action. That means if you slip on your neighbor’s walk, you have a three-year window to file suit. But if your neighbor punches you in the face, you have only two years.

It seems counterintuitive to essentially cut a break to a wrongdoer in the case of intentional harm. This bill will level the playing field by giving victims of intentional and unintentional acts three years to file suit.

The bill was inspired by stories of unjust treatment for victims of intentional harm, including a high profile case in 2004 where delinquents spread plastic wrap from one side of the road to the other on a darkened street.  Two bikers crashed their motorcycles as a result. The victims filed suit a little over two years later, expecting the usual three year statute of limitations that applies in most accident cases, only to learn they had missed the statute of limitations deadline simply because the delinquents’ act was intentional.

Due to financial and other barriers to the courts, it can sometimes take several years to prepare for and file a claim, even when a victim has a strong case.   

Senate Bill 278: U-Turns

This bill will help clear up congestion and confusion on Wisconsin roadways. Current law prohibits a driver from making a U-turn at a controlled intersection, even when there is no sign specifically prohibiting U-turns. Wisconsin is currently the only state to completely prohibit U-turns at controlled intersections. 

Senate Bill 278 will allow drivers to perform U-turns at controlled intersections unless there is a sign specifically prohibiting it.  Making traffic laws easier to understand is a major component in making our roads less dangerous. Legalizing U-turns where safe will also allow for lower traffic congestion and better access to businesses.

Senate Bill 162: Personal Flotation Devices for Children

This bill is a mirror of the federal regulations that require all children twelve or under to wear a lifejacket in federal waterways.  It would require all children under ten to have a lifejacket on if the boat is in motion (not tied up or stationary with an anchor) in all Wisconsin waters.

Wisconsin is currently one of only two states that do not have a lifejacket requirement for children.

Senate Bill 41: Indoor Environmental Quality

Senate Bill 41 will help give schools a protocol to follow when dealing with indoor environmental quality issues.  It requires the Department of Public Instruction (DPI) to convene a task force to develop a model management plan for indoor environmental quality in public and private schools.  Using the DPI plan as a model, school districts will be able to adopt a plan that best meets the needs of their community.

28 states already have laws regarding indoor air quality in schools, and it is important to help schools in Wisconsin solve their indoor air quality issues.  An informal survey and records requests from the Wisconsin Department of Commerce and the former Wisconsin Department of Health and Family Services identified almost 100 school buildings with concerns about indoor environmental quality. 

Failure to prevent and respond to indoor air problems promptly can have grave consequences for our teachers and students, including health problems, reduced performance and absenteeism.  This legislation has support from the Association of Wisconsin School Administrators, the Wisconsin Association of School Boards, the Wisconsin Association of School Business Administrators, the Wisconsin Council for Administrators of Special Services, and the Wisconsin Education Association Council (WEAC). The bill passed by a vote of 27 to 5.

All of the above bills will now head to the Assembly.

Firefighters and law enforcement officers from throughout the state joined me and Rep. Christine Sinicki (D-Milwaukee) in the State Capitol this morning to launch a bill that will help first responders who have been exposed to infectious diseases in the line of duty.

Exposure to diseases like hepatitis, meningitis, or tuberculosis while on the job is hard to prove, making it extremely difficult for an ailing firefighter or officer to obtain disability benefits.

Under current law, if a firefighter develops heart disease or certain types of cancer, it is presumed that the disease was caused by exposure to materials they contacted in the process of fighting fires, which entitles the firefighter to disability benefits or the family death benefits if death should occur. Those who come in contact with an infectious disease, however, do not enjoy that same presumption. This bill extends that presumption to those who develop these infectious diseases.

Exposure to such diseases is rare and we hope that continues to be the case. If an exposure does occur, we believe those who risk their health to protect the community should be able to use the same presumption that’s already available for other illnesses.

The bill (LRB 3129/1) is currently circulating for co-sponsorship.

For more information on this proposal, please contact me at Sen.Sullivan@legis.wisconsin.gov.

I wanted to bring you a brief update on my proposal to reform drunk driving laws in Wisconsin, Senate Bill 66. The Senate Judiciary Committee held an executive session on the amended bill this week, where it passed by a vote of 3 to 2. I expect the bill to be taken up on the Senate floor this month.  

Senate Bill 66 provides a comprehensive approach to a complex problem that has plagued Wisconsin’s residents and roadways for too long. This commonsense bill has three elements: 1) Sanctions for repeat offenders, 2) Prevention, and 3) Treatment.

We must pass tougher sanctions for drunk drivers. Sanctions alone, however, won’t solve the problem of drunk driving in Wisconsin, especially for repeat offenders. We need to take a multifaceted, commonsense and comprehensive approach. This bill promotes prevention. The proposal expands the use of Ignition Interlock Devices (IID), one of the tools that government has to prevent drunk drivers from getting behind the wheel.The proposal also includes statewide expansion of the successful Winnebago County Safe Streets pilot program, which directs some offenders into alcohol treatment programs. 

There’s no doubt we spend a lot of money on corrections in Wisconsin. Safety and security is labor intensive and expensive. Our safety must remain a top priority, even in tough economic times. 

Below is a look at several important components of the current compromise that has been reached between myself and Rep. Staskunas, the author of Assembly Bill 283.  The Assembly passed Assembly Bill 283 on September 17, 2009.

Sanctions for Repeat Offenders 

Fourth OWI is a Felony

This provision would make a fourth OWI offense a felony if the driver has a previous OWI-related conviction, suspension, or revocation within the previous five-year period.

Criminalization of 1^st offense OWI if a Child is in Vehicle

Currently, if an individual is convicted of an OWI with a child in the car, the driver can receive twice the fine/forfeiture and twice the incarceration time. Under this provision, if a person is convicted of an OWI offense and had a minor in the vehicle, the driver would be charged with a misdemeanor offense rather than a traffic offense.

Closing the .08-.099 Loophole

When the prohibited blood alcohol concentration (BAC) for the operation of motor vehicles was lowered from 0.10 to 0.08 in 2003, a gap was created for first-time offenses falling between the old limit and the new limit.  This proposal would repeal that gap. 

Under current law, in addition to other penalties, individuals convicted of operating while intoxicated are subject to a number of penalty surcharges and court fees and must comply with a drug and alcohol assessment before their driving privileges can be reinstated.  However, first-time offenders who have a BAC of 0.08 or more but less than 0.10 are not subject to penalty surcharges, court fees, or drug and alcohol assessments.  Additionally, their first OWI conviction record is purged if they do not re-offend within ten years.  This provision removes these special exemptions.

Prevention 

Mandatory Ignition Interlock Devices

This proposal would require the installation and use of Ignition Interlock Devices (IIDs) for all repeat drunk driving convictions and for first time high BAC (.15 or higher) convictions for at least one year. 

Treatment  

Safe Streets Treatment Options Program (SSTOP)

In 2005, a pilot program was created in Winnebago County to offer reduced time of imprisonment to convicted OWI offenders contingent upon successful completion of a local treatment program.  Offenders can opt to participate in the program only one time.

Data collected over the first two years of the project shows that Winnebago County saved over $465,000 in jail time costs for the county, which has allowed the county to spend $218,000 fewer dollars in overall criminal justice spending.  Perhaps most importantly, the SSTOP program has a remarkably low seven percent recidivism rate over two years for those completing the program, a significant reduction in the likelihood of participants re-offending.

The bill will allow the expansion of the SSTOP program statewide.  Participation is not mandatory; rather this proposal simply allows counties to offer such programs within their jurisdiction. 

Senate Bill 66 also increases the minimum term of imprisonment for a person convicted of a third OWI, and raises the maximum amount of probation a person convicted of a fourth OWI can receive.

For more information on Senate Bill 66, please contact me at Sen.Sullivan@legis.wisconsin.gov.

The Assembly Committee on Consumer Protection held a hearing last week on a bill I’m cosponsoring, the Dog Breeders Licensure Bill (AB 250/SB 208) 

This bill protects both animals and people looking to purchase a puppy, who deserve to know that the canine they are taking into their home has been cared for properly. The Dog Breeders Licensure Bill establishes rules regarding the humane care of animals in commercial breeding facilities that sell more than 25 dogs per year. The bill also gives the Department of Agriculture, Trade and Consumer Protection (DATCP) the power to investigate, inspect, and fine those who are not in compliance. 

Wisconsin is lagging behind other states when it comes to regulating dog breeding. Nationally, 28 states have some form of licensure or regulatory program.  Colorado licenses anyone selling 25 or two or more litters, while Pennsylvania requires anyone keeping 26 or more dogs to be licensed.

I have a black Labrador named Coal. He’s like a member of the family. It’s hard to imagine how anyone could harm a dog by forcing it to live in substandard, inhumane conditions in order to maximize profits. Coal is a rescue dog from L.E.A.R.N, the Labrador Education and Rescue Network. Organizations like L.E.A.R.N also help dogs from puppy mills, which have a tendency to develop health and behavioral problems from being born into such poor conditions.

At the same time, it’s important to preserve the reputations of responsible breeders, which is exactly what this bill will do. The good names of breeders should not be tarnished by the reprehensible, repugnant actions of puppy mills.

Please join me in standing up for our four-legged friends. Contact members of the Assembly Committee on Consumer Protection and let them know that in Wisconsin, we believe no one should be allowed to profit from abusing and harming animals.

DNR Update

The Assembly voted 61 to 32 last week to strip the governor of his right to hire and fire the DNR Secretary. Under the legislation, the power to appoint the DNR Secretary would go back to the Natural Resources Board. The seven-member board appointed the secretary for almost 70 years, until Governor Thompson eliminated the non-partisan status of the DNR in 1995. The measure will now head to the Senate.

For more on this topic, read my previous blog: Restoring an Independent DNR.

As a parent of two boys in elementary school, I know how hectic back to school can be. As if stocking up on school supplies, figuring out transportation, and ensuring that the kids have gotten all of their immunizations wasn’t enough to keep us busy, now we have an added concern—Swine Flu.

The Swine Flu, or H1N1, is definitely cause for concern. There were roughly 6,500 confirmed or probable cases in Wisconsin as of August 26, 2009. A vaccine is in development, but it won’t be available until mid-October.

There are some simple preventive steps you can take in the meantime. Before it's time to head back to class, remind your child to:

• Pack hand sanitizers and disinfecting wipes in backpacks to bring to school.
• Cover his or her nose and mouth with a tissue when they cough or sneeze if possible, and then throw the tissue in the trash after they use it.
• Wash his or her hands often with soap and water, especially after coughing or sneezing. A good rule of thumb that kids will enjoy: Wash your hands as long as it takes to sing the “Happy Birthday” song twice. 

Swine Flu symptoms include fever, cough, sore throat, runny or stuffy nose, body aches, headache, chills, and fatigue. Many individuals who have acquired H1N1 have also reported diarrhea and vomiting. Children with H1N1 should stay out of school for 24 hours after their fever is gone, regardless if they are taking medication such as Tamiflu, which is the common medication prescribed for H1N1 victims.

H1N1 is not the only health concern facing youngsters, which is why it’s important to make sure your child gets yearly vaccinations. You can find the current immunizations your child needs for the school year at http://dhs.wisconsin.gov/immunization/reqs.htm.

Great news for seniors in Wisconsin: SeniorCare has been extended to 2012. President Obama and U.S. Health and Human Services Secretary Kathleen Sebelius officially granted the extension last month after reviewing the program.

SeniorCare is a true success story. The program, which has provided comprehensive prescription drug coverage to thousands of Wisconsin seniors since 2002, is funded with state and federal dollars. Wisconsin must get a waiver from the federal government to operate SeniorCare. Without that waiver, seniors would be forced to transition to Medicaid Part D. But thanks to an effort involving Senators Kohl and Feingold, Wisconsin’s Congressional Delegation, the Governor, and state lawmakers from both parties, seniors can continue to get the medications they need at a reasonable price.

SeniorCare is an affordable alternative to Medicare Part D.  The annual federal cost per enrollee for SeniorCare is $588, much lower than the average $1,690 cost for a Part D beneficiary. This difference accounts for an annual savings to taxpayers and the federal government of more than $90 million dollars. 

SeniorCare also allows the state of Wisconsin to leverage additional savings because it can negotiate the lowest prices for prescription drugs.

SeniorCare has a $30 annual enrollment fee, an income-based deductible and co-payments of $5 for generic drugs or $15 for brand drugs. 

To be eligible, a senior:

• Must be a Wisconsin resident.
• Must be 65 years of age or older.
• Must pay a $30 annual enrollment fee per person.
• Only income is measured. Assets, such as bank accounts, insurance policies, home property, etc., are not counted.

For SeniorCare information, call the SeniorCare hotline at (800) 657-2038 or go to http://dhs.wisconsin.gov/seniorcare/.

Note to seniors in Milwaukee County:  You have a great resource available to you.  SeniorLAW provides free benefits assistance to Milwaukee County residents aged 60 and older.  SeniorLAW can help you if you are having problems with public benefits such as Medicare, Medical Assistance, Long Term Care, Social Security, SSI, Food Stamps, Subsidized Housing, or Homestead Credit.  SeniorLAW is located at 230 W. Wells Street, Room 800, or can be reached at 414-278-1222. 

You wouldn’t slap a simple bandage on a wound that required surgery. So why would you accept the equivalent for an interchange that’s in critical condition?

The Wisconsin Department of Transportation (DOT) issued a decision last week to impose weight limits on trucks on three different ramps within the interchange due to deterioration.

According to DOT, the restrictions ban vehicles carrying loads in excess of posted limits at these locations:

• Northbound I-894/US 45 through the interchange to north US 45 (60,000 pound limit/30 tons)

• Southbound US 45 to the eastbound I-94 connector ramp (70,000 pound limit/35 tons)

• Northbound I-894/US 45 to the westbound I-94 ramp (80,000 pound limit/40 tons)

Why weight limits? Because these ramps are deteriorating, much as was the case prior to the Marquette rebuild. You can literally see the exchange crumbling before your eyes. Rebuilding the Zoo had been scheduled to start in 2012, but has been moved back due to budget cutbacks and prioritization of other projects—notably the I-94 state line project.

The deterioration of the ramps that prompted these weight limits underscores the critical need to rebuild. While safety compels these restrictions as a precaution, the weight limits are nothing more than a temporary fix. When it comes to the safety of motorists and their families, we need a permanent solution. We need a commitment from DOT, Governor Doyle and neighboring communities, and we need a firm start date, based on sooner and not later.

The vehicles that are banned from using these ramps will be diverted to surface streets, a fact that has caused great concern among residents who live in neighborhoods near the interchange. Diverting trucks is also a major concern for the business sector, which will be affected by delays in getting goods and services to the marketplace.

I have been a long-time proponent of rebuilding the Zoo, but underfunding has led to significant delays on construction. According to DOT, there are about two crashes per day on the Zoo, with approximately 30 percent of crashes resulting in injuries. The Zoo Interchange opened in the 1960s, making it the oldest and most heavily traveled interchange in the state, with almost 350,000 cars traveling through it each day.

Rebuilding will be even more expensive the longer we wait. With taxpayer dollars and driver safety on the line, that’s a delay we simply cannot afford.