Rep. Kestell Question and Answer

Tonight I attended a Q and A session with WI State representative Steve Kestell. This was hosted by the Sheboygan GOP. I had planned to take video and post it here as I have done for similar Q and A sessions with WI State Senator Joe Leibham, but after the first minute, I was asked to turn off the camera and told I could not take video .. at a free event that was advertised in the paper as being open to the public, where a legislator was speaking.

After the event, I asked Mr. Kestell if he had any objection to my posting the small snippet of video I took on my blog and he said go right ahead, that's fine, I have no objections", as I rather suspected that he would. So here is the video:

This is only about 2 minutes long and I will attempt to write from my own notes what was said during the rest of the session, but be aware, please that these are my interpretation of what was said with all of my own biases and limitations. (I can only write so fast, even if I am a compulsive note taker - one of the reasons I wanted to video the  session.) I did turn off my camera at the request, because I am a polite person, not because I was legally required to do so.

Before I go on to detail the rest of the session, let me say how very disappointed I am with the Sheboygan GOP. One of the myriad reasons I despise the Obama administration is because of the way he treats those who he considers hostile to his agenda - even going so far as to forbid phones along with all other recording devices at his speeches. This is so that he may control the message that gets out. Many do not know this, but the Obama administration requires the right to edit any interviews or etc before airtime/going to print if a reporter wants access. That is a blatant violation of the freedom of the press, but the press has, by and large, accepted the restrictions. (Shame on them.) I do not consider myself to be a reporter, just a blogger, but I have the same freedoms. This was a public event and the GOP, who tries so hard to reassure conservatives that they are different, that they respect our freedoms and want to maintain them, told me to turn my camera off.  That's a fail folks.

Now, on to the meat of the Q and A. My own comments are in italics. 
After the budget question Mr. Kestell also noted that the Wisconsin legislature has not done a good job, historically, of looking down the road with regard to the budget.

Q Is WI accepting federal funding for the implementation of common core, with the addendum that the questioner would prefer the budget surplus to be sent to DC if it could "buy" us out of federal interference with our educational system.

A. Mr. Kestell said it is his dream for WI to divorce ourselves from the federal level entirely in the area of education. He said it would take about 2 billion dollars per school year to do that at this point. He also noted that even at that, federal funding for education only supplies less than 10% of our educational budget here in WI and that it isn't worth the price we have to pay for it. There are too many strings attached and the feds have too much control of our educational system.

 Mr.. Kestell further noted that we can't change our educational system here in the blink of an eye, that it would take planning and study. (I both agree and disagree on this one. Technically we could change it in the blink of an eye, but it is probably better to do such a thing gradually if we can.)

Q There was an inquiry made as to whether or not the current state Sec of Ed is able to distribute the federal money as he sees fit(with implications of cronyism).

A. Mr. Kestell said the Sec of Ed does not control the purse strings, the legislature does. The awarding of grant money is subjective, but there isn't any leeway otherwise as to how that money is to be spent. He allowed as how the current Sec of Ed had issues with the degree of authority he wields within the system, but the State Constitution outranks him.

Q. Are there any other states out there taking the lead in getting their educational systems off of the federal teat?

A. No. And Mr. Kestell was disappointed that such a thing was so.(In my estimation)

Q How did the Sec of Ed become an elected office rather than being appointed by the governor?

A It is required by the WI State Constitution. Mr. Kestell also referenced a 1996 court decision.

Q What about the counties who don't want to comply with state mandates - particularly unfunded ones?

A. Mr. Kestell sympathized with local units of government and said the solution is to have as little government as we can. He mentioned the major local expenses like law enforcement, and then referenced a number of court cases with which I was unable to write fast enough to keep up. :(

Q Is there federal pressure in the form of funding for the state to adopt the common core curriculum?

A No. (Bear with me here as I am not as up to speed as I should be.) Mr. Kestell said that when Mr. Bush implemented No Child Left Behind, it was the largest expansion of the federal government into education since Mr. carter was president. That, in order for a state to receive waivers for the requirements of NCLB, we had to implement the WKCE testing and the school report card system. Common core is just a set of standards that can be also be used to waive NCLB requirements. That the districts in WI are free to do whatever they like for curriculum, that there are suggested curriculum materials that go along with the common core standards, but which our school districts are free to ignore. Mr. Kestell expressed the opinion that NCLB did some good in waking some people up to the fact that schools were not doing such a good job, but that it was the wrong way to go about it.

As I am understanding this, the point of common core is to establish a set of standards - i.e. a child in kindergarten shall be able to do thus and such, (Know their alphabet and count to 20 was what I was told 20 years ago, which I found an appalling standard for kindergarten. In my opinion you could teach a child that in 2 weeks or less.Clearly we can do better than that.) The idea is that a high school diploma in Alaska should mean the same thing as a high school diploma in Arkansas or Wisconsin or Texas, which is not a bad thing. The problem comes when those who have an agenda try to twist such a basic goal to serve their own ends.

Q. We should have expectations of the school at the local level, so why shouldn't the standards be set at the local level. ( I would argue that they are, since parents are supposed to be attending curriculum and other school board meetings. If we choose not to do so, our children will reap the rewards of that choice and have been.)

A. The majority is not paid for locally and Constitutionally, the state is responsible for public education. (That does not mean that the state is responsible for educating our children, merely that the state is responsible to provide the option of public education to the parents of the state as they are deciding how to meet their right, responsibility and duty to direct the education of their children.)

Q. This was a question regarding standards that didn't make logical sense to me, so I was flummoxed about how to write it down.

A. Standards testing is to show how kids are doing, not for the sake of testing. (to get federal funding or a waiver of NCLB requirements is my assumption of how Mr. Kestell meant that.) To that end, the WKCE is being replaced.

At this juncture there were quite a few comments about the MKE school system - most negative. Voices were being raised and many started trying to remind each other to be calm and keep it polite.  It is my own opinion, that we need to work with people where they are and not where we think they "should" be. Reality trumps idealism, so let's deal in reality both where it comes to the education unions and parents in Milwaukee.

Mr. Kestell said: "A high school diploma should mean something".

Q There was a comment saying that we need to give teachers back the tools they need to enforce discipline in their classes.

A Mr. Kestell said that WI has a suspect teacher preparation program.  He continued to say that after the Act 10 stuff was settled, Gov Walker came to the education committee to ask what could be done to improve reading performance. They brought in a number of people to ask about this, including a number of teachers. The teachers told them that the DPI made it easier for elementary school teachers to become certified. (I wondered at this point if that was due to a shortage of teachers we had in WI about a decade ago. As I recall , the standards were lowered in order to encourage more people to become teachers so we would have enough, but I didn't get the opportunity to ask as the meeting was moving pretty quickly.)
In response to this, they looked around the nation to see what was being done in this area. Florida and Massachusetts had a system test which they allowed us to use for free to see that teachers are properly prepared.

Q What can we do about kids who take over classes and waste class time with unruly behavior?

A. Mr. Kestell acknowledged the problem and said it has now been made worse by the federal directive to discipline children differently according to their race. He doesn't have a solution and schools are in a tough spot.

Q There was a question about the federal government's apparent intent to collect data on us from the cradle to the grave.

A We should be worried about that. The data collected on our kids under NCLB and under the waivers to NCLB currently dictates that there are to be no personal identifiers in the data once it leaves the school district. For groups under 20 (voucher schools and some private schools), no data may be collected because it is deemed to be statistically insignificant. Mr. Kestell referenced the Pridemore legislation (I haven't heard of this)

Q. Who governs the content of the data collections?

A. All the data is related to student performance.

Q. I have seen some forms that are asking an intrusive amount of information.

A. There are all sorts of forms that have snuck in over the years. Mr. Kestell recommended answering none of your business to any intrusive questions or simply not answering.

Q. There was a question about SIS (Student Information Services) testing costs.

A. If the state requires it, in general the state has to pay for it. He also noted that the ACT will now be a state required test. (One of those replacing the WKCE) He said that since 60% of WI students were taking the ACT anyway, the legislature decided they may as well use that instead of having them subjected to another test. This means the state will now be paying for ACT testing. 

Q. There was a question asking if the deterioration of discipline could be linked to the mainstreaming of special needs students.

A. Mr. Kestell referred to Lightfoot school(a school I do not have sufficient history in this area to know about) and noted that it worked. Then he said that there were some court decisions in the 80's that said that all students must be given the least restrictive environment possible and that this is what drove and is driving the mainstreaming of special needs individuals. He said that there is such a spectrum of possible special needs that it is very difficult to find a solution.

Q. The referenced the many broken promises of the federal government (such as "If you like your health care, you can keep it") and asked how are we to keep the federal government from becoming more intrusive with regard to data collection?

A. Mr. Kestell would like to see a "trigger" put in place in WI, so that if the federal governments starts demanding more intrusive information, the trigger would be pulled and WI would refuse to give it.
 Mr. Kestell also reiterated his concerns about the potential costs of school choice. His concern is that the cost of public education as it currently exists will not decrease even though 5% of the students opted for school choice. Then we would be paying for the current system as well as, for the sake of argument I term it, another system.

I apologize for any errors or omissions, but, as noted above, I can only write so fast and I was asked to turn my camera off. At a Q and A session with a state legislator. That was open to the public. By a member of the local GOP.


"⁶ Having then gifts differing according to the grace that is given to us, whether prophecy, let us prophesy according to the proportion of faith;
⁷ Or ministry, let us wait on our ministering: or he that teacheth, on teaching;
⁸ Or he that exhorteth, on exhortation: he that giveth, let him do it with simplicity; he that ruleth, with diligence; he that sheweth mercy, with cheerfulness."~ Romans 12:6-8

Sen Leibham's Legislative Update

This is the text of the booklet Senator Leibham hands out for his constituents at his listening sessions. Since I know that I don't have all the video available of all his listening sessions and that not all of these issues get discussed at every listening session, I wanted to post the contents of that booklet here for those who have been unable to attend a listening session. Mr. Leibham's chief of staff, Mr. Gasper, kindly sent me a pdf copy so that I could copy and paste the relevant contents here without having to type them in myself.

Mr. Leibham remarked that his fellow legislators don't understand why he provides this guide to what has been done and is being considered in our legislature for his constituents. He believes it to be part of his job. It has been reproduced here with his permission and encouragement. Read it and get involved.

PAGE 1

Legislative Update
Actions of the Governor and the State Legislature
since January 1, 2009
This booklet contains information on many of the legislative
initiatives approved by Governor Jim Doyle and the majority of the
State Legislature since January 1, 2009. Also included is
information on various proposals that may be considered over the
next couple of months and highlights of Senator Leibham’s
legislative proposals.
For more information on the remainder of the 2009‐2010
legislative session and Senator Leibham’s efforts, please log on to:
http://www.leibhamsenate.com/

PAGE 2

New/Increased State Taxes = Approved
*Senator Leibham voted against each of these new taxes.

Combined Reporting Business Tax – $215 million new tax ‐ Require businesses (including many headquartered here in Wisconsin) to pay taxes on profits earned by subsidiaries in other states.
Phone Tax – $107.5 million increase – Impose a 75‐cent monthly tax on every wireless and land‐based telephone number.
Nursing Home Bed Tax – $71 million increase – Increase the tax on licensed beds in nursing homes from $75/month to $150/month in 2009‐10, and from $150/month to $170/month in 2010‐11.
Cigarette/Tobacco Products Tax – $334.7 million increase – Increase the cigarette tax by $0.75/pack (from $1.77 to $2.52). In addition, increase the general tax rate on other tobacco products like cigars and moist snuff.
Garbage Tax – $69 million increase – Increases the garbage tax from $5.90/ton to $13/ton – one of the highest in the nation.
Income Tax – $287 million increase – Create a fifth income tax bracket with a rate of 7.75% for small businesses structured as an LLC, “S‐Corp”, sole proprietorship or partnership, individuals earning over $225,000 and joint filers over $300,000.
Capital Gains Tax – $242 million increase – Decrease the individual income tax exclusion for long‐term capital gains from 60% to 30%.
Health Insurance Tax – $84.6 million increase – Postpone scheduled increases in the tax deductions for health insurance premiums.
Hospital Health Care Tax – $242.3 million increase – Increase the recently adopted hospital health care tax by $242.3 million over the next two years.
Surgical Center Tax – $44 million new tax – Impose a tax on the gross patient revenues of ambulatory surgical centers located in Wisconsin.
Sales Tax on Transactions between Related Businesses – $40.8 million increase – State sales tax was previously applied to SOME transactions between different companies with the same owner. This law specifies that ALL transactions between these businesses will now be subject to sales tax.
“Throwback Sales” for Business Taxes – $80.5 million increase – Current law taxes the sales of products made by companies in Wisconsin and shipped to a buyer in another state at 50 percent of the normal tax rate. This new law increases taxes on these “throwback” sales to 100 percent of the normal rate.
Streamlined Sales Tax – Enter Wisconsin into an agreement with other states to collect taxes when consumers purchase goods over the Internet. SST will also subject iced tea, marshmallows, chocolate chips and cloth diapers to sales tax.
“iPod Download” Tax – Extend the state sales tax to “digital property” downloaded off of the Internet, like songs, books and other digital files.

PAGE 3

Sen. Leibham’s Legislative Efforts

Job Creation Incentive ‐ Allow a company that creates or retains at least 15 Wisconsin jobs to keep a portion of the income tax revenue generated as a result of the new jobs to re‐invest in the company.
Capital Gains Reinvestment — Allow an individual to be exempt from capital gains tax if the gain is reinvested into certified Wisconsin‐based businesses.
Roth IRA Conversion ‐ Allow taxpayers to convert funds from a traditional individual retirement account to a Roth IRA without penalty. This legislation will also adopt higher contribution limits set by the IRS.
Alternative Energy Sources ‐ Allow new “light pipe” technology to be included in Wisconsin’s Renewable Portfolio Standard.
Health Care Freedom Amendment ‐ Constitutionally safeguard an individual’s right to purchase private health care services/health insurance and prohibit government from forcing participation in any public or private health care/insurance program.
Improving the CIP program – Gives MA‐eligible Wisconsin seniors, who would otherwise be forced to reside in a nursing home, the option to live with more freedom in a less costly community‐based assisted living type facility.
Workplace Wellness Incentives — Provide incentives for businesses to implement workplace wellness programs to reduce the costs of health care.
Health Savings Accounts (HSA’s) — Make investments into HSA’s tax deductible. Wisconsin is one of the last states to tax these investments.
Tax Deductibility of Out‐of‐Pocket Health Expenses ‐ Allow for all out‐of‐pocket health care costs, including insurance premiums and care expenses, to be deducted from state income taxes.
Tax Relief for Seniors ‐ Exempt income from retirement accounts & pensions from state taxation.
Repeal Auto Insurance Changes ‐ Repeal the mandatory auto insurance limits that were passed as a part of the 2009‐11 state budget.
Vehicle Emissions Program ‐ Eliminate the ineffective, inefficient and discriminatory state vehicle emissions testing program.
Nuclear Moratorium ‐ Repeal Wisconsin’s moratorium on the expansion or construction of nuclear power plants in our state.
Voter Photo ID ‐ Require a voter to verify their identity by presenting a valid state issued photo ID before voting or registering to vote.
Citizenship Requirement ‐ Require proof of identification and citizenship before receiving taxpayer‐subsidized state benefits.

PAGE 4

Items Pending for Consideration

Minimum Wage Increase ‐ Increase the state minimum wage from $6.50/hour
to $7.60/hour and index the minimum wage to inflation.
Wage Claim Lien ‐ Raise the cap on wage claim liens from $3,000 to $10,950
and index the cap to the rate of inflation.
Driver Cards for Illegal Immigrants ‐ Provide state‐issued picture ID driver
cards to illegal immigrants living in Wisconsin.
Appointment of the DNR Secretary ‐ Change the way in which the DNR
Secretary is appointed by giving that authority to the Natural Resources Board.
Under current law, the Governor nominates the DNR Secretary with Senate
confirmation.
Global Warming Bill ‐ Enact many recommendations of the Governor’s Task
Force on Global Warming, including mandated reductions in the use of fossil
fuels, requiring that 25% of the state’s energy come from “renewable” sources,
instituting a low carbon fuel standard, adopting California auto emission
standards and reducing statewide electricity use by 2% each year
Allowing Felons to Vote ‐ Allow felons to vote if they have been released from
prison but are still on extended supervision, parole or probation.
Beer Tax Increase ‐ Increase Wisconsin’s beer tax from $2/barrel to $10/barrel.
Concealed Carry for Retired Police Officers ‐ Allow retired law enforcement
officers to carry a concealed firearm in Wisconsin.
Ban on Cell Phones while Driving ‐ Ban the use of wireless communication
devices while driving, including telephones, text and e‐mail devices. A driver
over age 18 would still be able to use a cell phone with a hands‐free device.
Joint and Several Liability – Allow plaintiff to recover ALL damages in a lawsuit
from a defendant even if the defendant is only 1% liable. Currently, a defendant must be at least 51% liable for an injury before having to pay all damages.
Discrimination Complaints – Make the appeal of “no probable cause” findings
in Wisconsin Fair Employment Act claims subject to appeal directly to state
circuit courts, bypassing the Labor and Industry Review Commission.
Payday Lending Law Changes ‐ Prevent payday loan companies from charging
interest rates in excess of 36%/year and require them to obtain a license if the
payday lender makes a consumer loan of $5,000 or less.
Restricting Bisphenol A ‐ Prohibit the manufacture and sale of certain baby
bottles and cups for children that contain bisphenol A.
Medical Marijuana ‐ Legalize the medical use of marijuana in Wisconsin.

PAGE 5

New/Increased State Fees = Approved
*Senator Leibham voted against each of these new fees.

Phone Taxes ‐ $108 million increase ‐ Institute a 75 cents/month tax on each active wireless, land‐based or VOIP telephone. The tax will be called a “Police and Fire Protection Fee,” but no new funding will be directed into police and fire protection. Also, extend the state Consumer Complaint assessment and the Universal Service Fund assessment to cell phone providers, resulting in an additional 56 cents/month tax on cell phone users and including a provision forbidding cellular service providers from adding a separate line on your billing statement describing the tax.
Low‐Income Energy Assistance Fee ‐ $18.2 million increase ‐ Raise the low‐income assistance fee on utility bills to provide funding for District Attorneys.
Animal Slaughter Fee – Unknown fiscal impact ‐ Require the state Department of Agriculture, Trade and Consumer Protection to impose a new slaughter fee/food tax on farm animals after July 1, 2010.
Child Care Licensing Fee ‐ $1 million increase ‐ Increase licensing fees for group child care centers by increasing the per child biennial fee from $10.33 to $16.94.
Securities Trading Fees ‐ $22 million increase ‐ Increase fees on securities trading by raising the mutual fund filing fee from $750 to $1,500. Also, the 0.05% fee on securities sold to persons in Wisconsin will be maintained, but the minimum/maximum annual amounts of the fee are increased from $150/$1,500 to $750/$15,000.
Vital Records Fee – $6 million increase ‐ Make permanent the vital records fee increases that were enacted in 2007 on a temporary basis.
Increase Work Permit Fee – $960,000 increase ‐ Double the work permit fee from $5 to $10.
Vehicle Environmental Impact Title Fee – $16.7 million increase ‐ Under current law, the $9 vehicle Environmental Impact Title Fee was supposed to end at the end of 2009. The new budget makes this fee permanent.
Title Lien Fee – $4.7 million increase ‐ Increase the title lien fee for each notating and subsequent release of a lien on an auto title from $4 to $10.
Fee for Paper Copies of Driver Records – $130,000 increase ‐ Establish a $2 fee for providing a paper copy of a driver record upon request, in addition to the fee for the record search ($5 for a computerized request and $6 for a phone request).
Boat Registration Fee – $1.1 million increase ‐ Increase the fees for a three‐year motorized boat registration.
Handgun Background Check Fee ‐ $417,000 increase ‐ Increase the handgun purchaser record check fee from $8 to $13.

PAGE 6

New Policies Approved by the Legislature and Enacted by the Governor

In‐state tuition for the children of illegal immigrants – Allow the children of illegal immigrants to pay in‐state tuition to UW System institutions and Wisconsin technical colleges. They currently pay higher international student tuition rates.
Domestic Partner Benefits – Extend taxpayer‐subsidized health insurance and retirement benefits to same‐sex and opposite‐sex domestic partners of state employees. Also, allow a domestic partner to file a wrongful death lawsuit.
Domestic Partner Registry ‐ Establish same‐sex domestic partnerships and provide
domestic partners with many of the same rights and benefits provided to traditional husband‐wife married spouses under current law.
Smoking Ban – Ban smoking in all privately‐owned Wisconsin workplaces and establishments, with certain limited exceptions, effective July 5, 2010.
Mandatory Auto Insurance Limits ‐ Increase mandatory auto insurance limits from
$25,000/person, $50,000/accident and $10,000/property damage to $50,000/person, $100,000/accident and $15,000/property damage.
Mandatory Auto Insurance ‐ Specify that no one may operate a motor vehicle on a Wisconsin roadway unless the owner or operator has purchased an auto liability policy for the vehicle.
QEO – Repeal the Qualified Economic Offer (QEO), which allows a school district to avoid mediation arbitration if they offer their teachers a salary and benefit increase of at least 3.8 percent.
Prevailing Wage Expansion – Expand the prevailing wage law to projects not currently covered, such as certain private projects that receive public financing. Lower the threshold for projects subject to prevailing wage from $150,000 down to $25,000.
Taxpayer Funded Condoms – Extend the Family Planning Waiver program to provide taxpayer‐subsidized condoms and other contraceptives to boys as young as 15 and men as old as 44.
Expungement of Criminal Convictions – Increase the age for which a person may have a conviction expunged from their criminal record from 21 to 25. Allow certain felonies to be expunged in addition to the misdemeanors allowed under current law.
Good Behavior Credit for Inmates ‐ Repeal Truth in Sentencing by allowing certain
incarcerated felons to get reduced sentences for good behavior.
Primary Enforcement of Seat Belt Laws ‐ Allow law enforcement officers to pull over a driver for the specific purpose of enforcing seat belt laws. Increase the forfeiture for a seat belt violation from $10 to $25.
Jobs Tax Credit ‐ Create a refundable jobs credit under Wisconsin individual and corporate income taxes. The total amount of jobs tax credits that may be claimed from January 1, 2010 to June 30, 2013 is $14.5 million. In future years, the amount of total assets that may be claimed will be limited to $5 million/year.
Tax Exemptions for Biotechnology and Manufacturing Research ‐ Create exemptions from state sales and use taxes for purchases of machinery and equipment as well as tangible personal property sold to manufacturing or biotech businesses.
CORE Jobs Act ‐ Spend $15 million to spur economic growth through a series of strategies, some of which include the expansion of education and angel investment tax credits, farmshoring grants, business micro‐loan programs and funding for manufacturing skills training.
Drunk Driving ‐ Strengthen penalties for highly intoxicated and repeat drunk drivers by making third‐time OWI convictions a felony and requiring offenders to install an ignition interlock device. These changes may be funded through a 50‐ cent/quart tax increase on hard liquor products.
“Sex Ed.” Curriculum Mandate ‐ Sets the requirements for sex education curriculum through a statewide mandate, removing local control in an effort to ensure sex education curriculum is "age‐appropriate and medically accurate."
Wind Turbine Siting ‐ Direct the state Public Service Commission to determine what restrictions a municipality may impose on the construction of wind turbines.
Electronic Product Recycling ‐ Require manufacturers of household electronic devices like TV’s and computer monitors to make arrangements for the recycling of those devices when they are disposed of by consumers.
Mercury in Household Items ‐ Regulate the sale of consumer products containing
mercury, including fever thermometers, thermostats and other household items.
Sale of Home‐Canned Foods ‐ Exempt the makers of home‐prepared and homecanned pickles or other acidic fruits or vegetables from having to obtain a “food processing plant” license if they sell their products at a community or social event or a farmers’ market.
Federal Stimulus Funding Allocation ‐ Modify the way in which federal stimulus dollars are allocated to Wisconsin counties for use. This proposal seeks to cut through federal government red tape that prevented even a single dollar of these funds from being spent.
Regulation of Mixed Martial Arts ‐ Require the state government to regulate mixed martial arts fighting contests and make several changes to the way in which the state regulates boxing matches.

"And Samuel told all the words of the LORD unto the people that asked of him a king.
And he said, This will be the manner of the king that shall reign over you: He will take your sons, and appoint them for himself, for his chariots, and to be his horsemen; and some shall run before his chariots.
And he will appoint him captains over thousands, and captains over fifties; and will set them to ear his ground, and to reap his harvest, and to make his instruments of war, and instruments of his chariots.
And he will take your daughters to be confectionaries, and to be cooks, and to be bakers.
And he will take your fields, and your vineyards, and your oliveyards, even the best of them, and give them to his servants.
And he will take the tenth of your seed, and of your vineyards, and give to his officers, and to his servants.
And he will take your menservants, and your maidservants, and your goodliest young men, and your asses, and put them to his work.
He will take the tenth of your sheep: and ye shall be his servants.
And ye shall cry out in that day because of your king which ye shall have chosen you; and the LORD will not hear you in that day.
Nevertheless the people refused to obey the voice of Samuel; and they said, Nay; but we will have a king over us; "~ 1 Samuel 8:10-19

Wisconsin's Budget

It has taken me a while to to come to the point where I can post on the passage of WI's budget without including language that I would prefer not to use.

I think those legislators who voted for this monstrosity have lost their focus on the people of WI and are using their positions to advance their own agendas to look good in the eyes of an increasingly politically correct MSM. I think they need to stop worrying about looking "nice" to the outside world and start thinking about their primary duties as legislators of the state of WI. Those duties are to the people of WI. NOT to illegal aliens, not to special interest groups such as trial lawyers or gay rights groups, but to the people of WI.

I'm not saying that those who choose a homosexual lifestyle or trial lawyers or illegal aliens are not people. I must, however point out that the legislators of our state should not be legislating to benefit a tiny portion of the state's population, in the case of those who choose a homosexual lifestyle and trial lawyers, at the expense of the overall population. As for illegal aliens, the duty of our legislators is to prosecute them and to protect the citizens of this state from them -just as it is for every other criminal. I am flabbergasted that not only were such policy items included in the state's budget, but they were allowed to remain. Have we taken leave of our senses? Is it the air in Madison? Or is it simply a departure from what used to be common sense?

As a citizen(for now) of WI, may I say to all of those legislators-I don't have any more money to feed to your politically correct machine. I cannot afford to be nice to any more of the people you think should get my money instead of me. I don't have any more money to give to the state if I want to be able to eat and keep a roof over my head. There are only so many pennies in a dollar and between the state of WI and the folks in D.C. precious few of those pennies belong to me anymore. There can be no more rationalizing that this will only cost each taxpayer 1 cent of every dollar they make. The reality is there are no more pennies. They have all been taken by you and Washington. You were elected to serve my interests. It is not in my interests to make a beggar out of my family or myself in order to benefit criminals and special interest groups. This budget is an affront to common sense and an insult to the people of the state of WI. You should be ashamed of yourselves.

"None calleth for justice, nor any pleadeth for truth: they trust in vanity, and speak lies; they conceive mischief, and bring forth iniquity."~Isaiah 59:4

Marriage in WI

As I remarked in an earlier post, the part of Mr. Doyle's budget containing a domestic partnership registry seems to be in direct violation of WI's newly approved Marriage amendment. It seems I am not the only one who thinks so. Julaine Appling and Wisconsin Family Action think so too and they are filing a petition before WI's Supreme court to have it removed. I hope to see this provision of the state budget thrown out. To repeat my earlier statement:
" party majority does not negate the law. Not even for the governor. This does not belong in the state's budget."

The amendment states:
"Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state." ~Wisconsin Constitution; Article XIII, Section 13.

In a press release, Ms. Appling says:“Gov. Doyle and the legislators who approved the registry in the budget are obviously more concerned with advancing the agenda of a fringe activist group than representing the people who elected them.” When I consider the in-state tuition and driver's cards for illegal aliens, the changes that were proposed to joint and several liability for those who drive and etc. ad nauseum, I can't help but think that anyone who voted to approve this budget had at heart the interests of just about any group EXCEPT the people they were elected to represent.

"Woe unto him that buildeth his house by unrighteousness, and his chambers by wrong; that useth his neighbour's service without wages, and giveth him not for his work;"~Jer 22:13

Part 5 - Prevailing Wage changes or Crippling the ability of volunteers to help their communities

In WI currently, there is a prevailing wage limit of $223,000.00 on government projects. That means that any project done to or by any business, person, or agency that receives government money must use union workers (or at least pay the same wage as union workers would receive) for any project costing $223,000.00 or more.
Our governor wanted to drop that limit to $2,000.00. The Joint Finance Committee bumped it back up to $25,000.00.

While a $2,000.00 limit would have prohibited volunteers from doing even small projects, a $25,000.00 limit will still discourage groups from doing many projects that would be to the benefit of their community. As an example, the Order of the Arrow (Scouting's national honor society) completed a massive project for our national parks system just last year. Under this limit, such an organization would not have been allowed to do that work in WI because the cost of the work done by those Arrowmen and women was significantly more than $25,000.00. I know that was a national project, done for the national parks system and not just WI, but I'm sure there are projects such an organization could do on a state level that would be equally beneficial to the people of this state that would cost more than the $25,000.00 limit and this change would prevent that.

When I asked him about the negative aspects of this change with regard to volunteerism, Mr. Leibham pointed out that only agencies which receive government money are affected by this. When I pointed out that the very college that was hosting his breakfast had just been the recipient of an Eagle Scout project, he conceded that such things would be nearly impossible under the $2,000.00 limit.
I would contend that the $25,000.00 limit is just as harmful. It limits volunteers from even envisioning helpful projects over that amount.

Why should the people of WI, or any state be bound by such a ridiculous provision? I'm sure the argument is that it would create jobs because more projects would require paid labor. The reality, if I'm understanding this correctly, would be that, either these projects will not get done or they will cost the taxpayers of this state, because we would be adding to the government payroll. While this may create jobs, it is creating government jobs. That means it is creating more debt and a larger deficit while simultaneously decreasing our quality of life and damaging the character of the people of Wisconsin.

Unions have a place in this country to assure safe working conditions. But when unions are preventing community members from volunteering to do projects that benefit the community, they have overstepped their bounds. I will grant that many projects require specialized knowledge, that safety and quality must be considered with such volunteer projects. But are we really so lacking as a people that we couldn't overcome such objections by having a union worker review the plans for such projects and leave it at that rather than force our communities to pay for union labor when we have perfectly capable volunteers willing to do the work? (Often the volunteers for such projects have the technical training or may be union members.)
I don't think we are and I would hope that the legislature would agree..

"There is nothing better for a man, than that he should eat and drink, and that he should make his soul enjoy good in his labour. This also I saw, that it was from the hand of God."~Ecc 2:24

Breakfast with Sen. Liebham -part 2 To coerce people out of their cars.

Update #2: 6/24/09 - The joint and several liability provision has been dropped by both the Senate and the assembly, but the budget still contains a proposal to allow stacking of insurance policies and to require increased coverage minimums. The senate has added a proposal requiring drivers in WI to purchase auto liability insurance.
Update: The proposed liability for being held 100% financially liable for all damages in an accident has been reset to 20 % instead of 1%. I still find this to be entirely unacceptable. The results will be the same.

Two of the non-fiscal items in Gov. Doyle's budget should be of concern to every WI citizen who drives a vehicle.

The first one is the raising of mandatory levels of insurance coverage. The state cannot raise your auto insurance premiums, but they can (and have) determine what a reasonable level of insurance coverage is to allow an individual to legally drive on our roads. The proposed change would raise your insurance (if you currently have the minimum coverage) by about 40%. Picture that, 40%, that's going to be about $300 for most people.

First of all, I would like to remind Mr. Doyle that not everybody in WI lives in a metropolitan area where there is public transportation available. This will relegate those folks on fixed incomes in places like Presque Isle or Siren or any number of rural communities to walking or riding bicycles, if they want to be continue to be law abiding citizens. This is Wisconsin. Walking and bicycles are not options for the entire year here. (Especially in Presque Isle or Siren-or really, any place in WI) One hopes those folks have enough land to support a good horse.(No buggies though, because they would require insurance.)
One assumes this will lead to a call for the good taxpayers of our lovely state to provide affordable public transportation for those in rural communities through yet more taxes.

One assumes this will also lead to an increase in the number of people driving without insurance which will cause another hike in that insurance cost.

Unfortunately that 40% increase in your insurance premiums is only the tip of the iceberg. The second item I want to cover in this post has the potential to more than double that or worse.

This second proposal is to drop the percentage of responsibility required to impose financial liability. This is wrong. Ethically wrong, morally wrong and financially wrong. It's a bit tricky, but let me see if I can explain the ramifications in plain language. Currently, in order for a WI citizen to be considered financially liable for the damages of an accident, it must be determined that they have at least 51% responsibility for that accident. That means if you are determined, under WI law, to be more than 50% responsible for the accident, you can be held financially liable for 100% of the damages caused by that accident.

Mr. Doyle's budget proposes that this percentage be dropped to 1.

Here's a scenario under the new budget if it is approved.

Your car is sitting in your driveway. (You managed to pay the new premium-what choice did you have, your work is 20 miles from your place of residence.) A single mother and an hourly wage earner are driving to their respective jobs. Neither one has insurance but they couldn't sell their vehicles - the market is gone because so few people could afford the insurance increase. Besides, they need a vehicle to get to work too, so what choice do they have but to drive illegally? They are both late and speeding. They collide in front of your house. One of the vehicles does a few flips, takes out a mailbox and the light post in front of your house and comes to rest next to your vehicle. A piece of this vehicle flies off and scratches your vehicle, which was sitting in your driveway. The single mother has two broken arms and a back injury. The other driver has a head injury which will put him into a coma for the next two months. The scratch to your vehicle would cost less than your deductible to fix, but here's the rub. Because you are the only one with insurance, you are now de facto 100% financially responsible for all the damages caused by this accident. You have 1% liability for the accident just because your vehicle was where the accident occurred.

Do you understand that? You are 100% financially liable for any accident if you have insurance coverage. Yes, of course the two drivers will also be held responsible, but they have nothing, so they will lose nothing. You will have the potential of losing everything you own to satisfy the financial obligations incurred by this accident if your insurance coverage isn't enough to cover the entire bill. That means your coverage needs to pay for damage to both of the vehicles,(in addition to the scratch on yours) the community property (the light post and mailbox) and the hospital costs for both of those drivers. Will those drivers be able to sue you for ongoing medical expenses if they require them? Maybe.

This will have the affect of making auto insurance providers pay for 100% of the damages caused by all accidents in which there is the involvement of at least one insured vehicle. If I were an auto insurance provider, I would refuse to provide coverage for WI drivers or any vehicles operating in this state under those conditions. If auto insurers continue to write policies in WI, they will surely become the most expensive policies in the nation. What will this increase do to businesses who require fleet vehicles-cabs, trucking, even the buses used for public transportation in the big cities?

This alone has the potential to so change our state that we may never see it come back. Businesses faced with such liability and labor issues (How can they find a reliable workforce if it's too expensive to drive?) will surely relocate. Auto sales will drop like a rock. Auto insurers will surely go elsewhere. Who wants to be on the hook financially for every auto accident in an entire state? How will that impact our citizens? What subterfuges and stratagems will be employed to find someone with insurance upon whom to place the blame for any accident?

I'm sure Mr. Obama will be pleased with this innovative way to "coerce people out of their cars". I am not. Neither should any citizen of WI. The insurance coverage increase was bad enough given our current economic woes, but the 1% liability is beyond the pale. This will not save any money for the state and does not belong in WI law much less a budget proposal.

"Thou shalt not covet thy neighbour's house, thou shalt not covet thy neighbour's wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbour's."~Exodus 20:17