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2005-2006 Issues in Review
 


 

The end of the 2005-06 legislative session provided both parties an opportunity to take positions they hoped would help in the November 2006 election. Republicans held substantial majorities in both houses of the legislature during the 2005-06 session. Based on the election results, Republicans either emphasized the wrong issues or didn't get their message across because Democrats won control of the Senate and substantially narrowed the GOP majority in the Assembly. These are some of the issues from the past session of greatest importance to independent and farm business owners:

 
SALES TAX BASE EXPANSION
 
Proposals to expand the sales tax base create justifiable fears for owners of independent and farm businesses. Sales tax base expansion is targeted taxation, it is targeted at small business and farm owners There are only two areas from which the state can find significant new revenue if the sales tax base is expanded : business services and farm necessities.

WIB members probably won the 2005 sales tax expansion battle in the summer of 2004, months before the legislature returned. The governor’s Special Committee on Educational Excellence had recommended massive sales tax base expansion to business services (accounting, legal, advertising, etc.) to reform funding for K-12 education. WIB field representatives alerted members of the tax threat, which would amount to hundreds-of-millions of dollars annually. Members contacted legislators and candidates and the idea was so badly beaten down that the governor did not put it in his fiscal 2006-07 state budget proposal. The issue, however, never goes away.

In 2005 some leading legislative Democrats said they could find $3 billion a year in new state tax revenue by “closing loopholes” in the sales tax law. As is often the case, the “loopholes” weren't really loopholes at all, but historically justified exemptions to the sales tax code affecting small business services and farm necessities. The Dems called it their “HOPE” plan for property tax relief and gave it much fanfare. They held a series of “hearings” around the state, tried to amend the budget bill and tried to pull the legislation out of its burial place in committee. All efforts failed but they discussed the concept during the 2006 campaign and are certain to bring it back in 2007.

During the 1980s and early 1990s, legislative leaders made repeated efforts to expand the sales tax base. Governor Tommy Thompson joined the parade, at one point proposing to expand the sales tax to commercial leases on all business property. In 2001 newly installed Governor Scott McCallum proposed expanding the sales tax base to custom computer software. WIB strongly opposed this new tax targeted on a small but rapidly growing industry and its customers. Historically unorganized, the industry looked for leadership and found it from WIB. Defeating this bad idea became our top tax priority. It was proposed by the governor and remained in the budget versions approved by the Joint Committee on Finance and the Senate. The Assembly removed the provision and it remained out when the Conference Committee finished its work.

WIB continues to make defeat of all targeted taxation initiatives a top legislative priority.
 
CO-OP CARE
 
Small businesses will be able to buy health insurance as part of a large group “pool” as health care purchasing cooperatives are developed throughout Wisconsin. Businesses and farmers in 14 counties will be eligible for Co-op Care of Southeast Wisconsin. Health insurance rates are expected to stabilize because of the large poll’s purchasing power. WIB led the legislative fight to pass two new Co-op Care bills in the 2005-06 session. Those bills strengthen the ability of health care cooperatives to form and compete throughout Wisconsin.

Innovative Benefit Solutions of Milwaukee, a WIB member, has aggressively led the fight to develop this major health care cooperative. The Cedarburg Chamber of Commerce has also been instrumental in this effort.

Officials say Co-op Care of SE Wisconsin will be operational 2007. There has been predictable resistance from some giants in the health insurance industry that fear losing market share. Co-op Care expects to provide a variety of benefit plans with “the express goal of providing affordable choice.” A web site for the program should be available soon.

The 14 counties of Co-op Care of Southeast Wisconsin are Rock, Walworth, Kenosha, Racine, Milwaukee, Waukesha, Jefferson, Dodge, Washington, Ozaukee, Sheboygan, Fond du Lac, Winnebago and Manitowoc.

The Green Bay Area Chamber of Commerce and Non Profit Resource Group of Brown County are establishing the Healthy Lifestyles Cooperative. And the Wisconsin Federation of Cooperatives (WFC) is working on a program for a combined Northwest and Northcentral region. Talks continued to progress in other regions.
 
Co-op Care is a near look-alike to WIB’s Private Employer Health Care Coverage Program, approved by the legislature and former Governor Tommy Thompson but killed when then-governor Scott McCallum vetoed funding in 2001. The first of 3 Co-op Care bills was approved by the legislature and signed into law by Governor Doyle in December, 2003.
 
UNEMPLOYMENT INSURANCE
 
UI benefits went up slightly while tax rates stayed the same. With benefit increases of 3.6% in 2006 and 4.1% in 2007 the weekly maximum benefit increased to $341 and then to $355. The taxable wage base remained at $10,500 although labor originally sought a hike to $15,000. The Department of Workforce Development is studying the stability of the UI reserve fund amidst some fears that the slowing economy in recent years isn’t keeping the balance adequate to pay increasing benefits.
 
BUSINESS CONTRACTS
 
Large companies keep using tiny print to write hidden automatic renewal clauses in business service contracts. It is unfair and unscrupulous but it isn’t illegal. Three bills to curb this practice were introduced. None made it out of committee but all got some close attention. WIB told the Assembly Committee on Small Business, “This issue won’t go away. And legislators will have to explain to constituents why it didn’t pass in 2006.” This was a classic “Good guys versus black hats” battle with WIB opposed by Waste Management, Onyx Waste, A-T-T, Cingular, GE, TDS, Nextel, Time Warner, Dell, Water Quality Association and WMC. Small businesses with a contract with any of the firms on that list should review every clause of their contracts very carefully.
 
SMALL CLAIMS COURT
 
A valiant fight to increase the jurisdictional limit was led by Assembly rookie-of-the-year Joan Ballweg (R-Markesan). Opposition from Milwaukee County – they fear increased costs and that county is broke – stalled the bill but we are already working on 2007
 
MINIMUM WAGE
 
After several local communities adopted their own minimum wage regulations, the legislature finally accepted a proposal to increase the state minimum wage to $6.50 an hour in exchange for a law banning local units of government from adopting their own minimum wage. WIB did not support the increase.
 
HEALTH SAVINGS ACCOUNT DEDUCTIBILITY
 
The governor twice vetoed a provision allowing taxpayers to claim a deduction for contributions to health savings accounts. The governor said it encouraged high deductible insurance policies that would lead to more out-of-pocket cost for modest income workers. The legislature failed to override either veto.
 
RECYCLING FEE
 
An effort to increase the so-called “tipping” fee for dumping trash in state landfills failed. The fee would have gone from $3 per ton to $10 per ton and was aimed largely at Illinois waste haulers who dump trash in Wisconsin.
 
UNFAIR SALES ACT
 
Retail giants wanted to repeal the state’s historic “minimum markup” law on gasoline. Small businesses opposed repeal. We won when the bill died without a vote in the Senate.
 
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