Progress made on improvement to stormchaser bill

WBA staff professionals have had ongoing conversations  with state legislators and those representing insurance providers on an effort to crack down on “storm chasers” in Wisconsin.  After checking in with WBA Advocacy leaders we had a chance to sit down again with the bill’s supports in an attempt to come to a compromise on the bill.

Bottom line, we believe we are making progress on improving the bill as currently drafted to address a real issue in the state.  We have hear of this being an issue with the most frequency from members in the South Central Wisconsin BA.

As a result of our recent meetings enclosed would be some key details of the compromise that is being considered:
•A business could not offer to rebate any portion of a deductable as a bonus or rebate when the consumer is involved in an insurance claim. 
•The bill would only apply to the exterior of a one or two family home involved in an insurance claim on the exterior of the (roof or siding mostly).  The current draft stated up to a four unit building and was vague on the application only to a job involving an insurance claim.
•A consumer must notify by initialing or checking a box in what would be a revisited WBA standard contract that indicated they were working with an insurance company on a claim that involved the exterior of a home.  This is not part of the current bill draft and is necessary for the contractor to have a clear idea of what type of project they are dealing with.
•If the consumer indicates the job is part of an insurance claim they could cancel the contract after 3 days of hearing back from their insurance company (current draft is 5 days) if the insurance policy does not cover the cost of the project.
•Another important addition to the bill would be language tightening up the time frame that an insurance company must get back to a consumer to determine if the project will be paid in full by the claim.
•Possibly the most important change would be add language to clarify that a contractor can still talk to an insurance adjustor about the work to be done.  That language would be similar to the IL law and would state: “nothing in the law would prohibit 1) providing an insured an estimate for repair, replacement, construction or reconstruction of the insured property and any such estimate may be submitted to the insured’s insurance company; 2) conferring with an insurance company’s representative about damage to an insured’s property; or 3) discussion repair or replacement options with an insurance company’s representative or the insured about options for the repair or replacement of the damage.”
•Moves back the effective date from 3 months after passage to 6 months after passage to allow the reformatting of standard contracts and to educate members and the public on the law change.

Any thoughts on the matter?  Please e-mail me (bboycks@wisbuild.org) to give your thoughts on the above bill or to get more information on the matter.

Business Day in Madison 2013 wrap up

Recently over 100 members and association staff professionals ascended upon Madison for the annual Business Day in Madison lobby day.  With release of the state budget and the circulation of a number of bills during the past week, the timing of our annual legislative lobby day was a perfect way to start the legislative session.

Members were briefed on a number of key issues like moving to a six-year cycle for the review of the Uniform Dwelling Code (UDC), elimination of the Building Contractor Registration (BCR), and support for the modernization of the process for shoreland zoning after annexation.  Upon conclusion of the issue briefing, Senator Neal Kedzie and Representative Jeff Mursau and their respective Chiefs of Staff, Dan Johnson and Tim Gary, were presented with awards of appreciation for the efforts on behalf of housing.  Kedzie and Mursau were named the WBA Legislators of the Year and Johnson and Gary received the annual awards recognizing legislative staff members.

For those that attended the event, please remember to send any notes on your legislative meetings to me (bboycks@wisbuild.org) and also return the comment sheet so we can better plan for our lobby day in the future.

Murtha/Sanfelippo to lead Assembly Housing Committee

Committee assignments in both houses of the legislature continue to trickle out and the Assembly Housing and Real Estate Committee will again be led by Representative John Murtha (R-Baldwin).

Murtha has been a longtime partner with WBA since his election to the State Assembly in 2006 and since he was named Housing Committee Chair in 2009.  We are looking forward to again working with Representative Murtha on the housing committee this session.

This session a freshman legislator has again been selected to be the Assembly Housing and Real Estate vice-chair with Representative-Elect Joe Sanfelippo (R-West Allis) getting the nod this session.  Last session freshman Representative Michelle Litjens (R-Oshkosh) was the vice-chair of the committee and likely would have continued to serve on the committee had she not selected to not run for reelection in 2012.

Sanfelippo is the founder and former owner of Sanfelippo Environmental Landscaping which employed over 60 people and performed landscape construction and maintenance on residential, commercial and municipal projects. Representative-Elect Sanfelippo sold the landscaping business in 2005 after 19 years.

Three additional GOP members and two Democrat members still need to be named to the committee in the coming weeks.  We are hopeful that Representative Leon D. Young (D-Milwaukee) will return as the ranking Democrat on the committee for 2013-2014.

In the state senate it was announced that State Senator Frank Lasee (R-De Pere) would again chair the Senate Committee on Insurance and Housing and would be joined by GOP members Olsen (R-Ripon) and Schultz (R-Richland Center).

Full committee assignments by the Democrats and Republicans in both houses are expected before January 1.

State Senate flips back to GOP

As expected the State Senate returned to GOP control yesterday with victories in senate districts 12 and 18.  The GOP will return to the majority in the State Senate with an 18-15 margin, which was the goal for this election cycle.

As many on both sides of the aisle predicted State Senator Tom Tiffany (R-Hazlehurst) handily bested democrat Susan Sommer 56 to 40%.  In his third run for the seat Tiffany had a strong showing in the open state senate seat in northeastern Wisconsin that was being vacated by the retirement of Senator Jim Holperin (D-Conover).  The seat that the GOP has coveted for the last two decades finally flipped in their favor.  Tom Tiffany has been a stalwart on Builder issues dealing with wetland, regulation and administrative rule reform and will be a welcome addition to the “housing caucus” in the senate.

Most of this summer and fall all eyes were on the 18th Senate District where Senator Jess King (D-Oshkosh) was challenged by Fond du Lac City Council President Rick Gudex (R-Fond du Lac).  King took out Senator Randy Hopper (R-Fond du Lac) in a recall election in the summer of 2011 after Hopper defeated her in the general election of 2008.

In this historically GOP seat the conventional wisdom played out at the polls with the district returning back to its GOP roots with Gudex besting King by just under 600 votes in a closer than expected race at the end. 

The third race that was on both parties radar screen was the 30th Senate District where State Senator Dave Hansen (D-Green Bay) survived a challenge by first time candidate John Macco (R-De Pere) 54% to 46%.  The GOP continues to target Senator Hansen every four years and to date he has always been able to return with a pretty strong showing each election cycle.

The end is near, Vote Tuesday!

WALKER RYAN ROMNEY

Even the most diehard, dedicated partisans on both sides of the political aisle are ready for the election to be over.  I think the previous statement goes double for anyone living in Wisconsin after what has been close to a two-year election cycle since November 2010. 

Since the general election two years ago we’ve been inundated with political races here in Wisconsin. We have had a contentious statewide Wisconsin Supreme Court race (Prosser vs. Kloppenburg) and nine state Senate recall elections in 2011, and this year  we’ve experienced a GOP primary race for President, four more state Senate recall elections, Governor Walker’s recall election and a spirited GOP primary for the U.S. Senate.

Four more days and the mailings and door hangers – along with the radio and television ads – will turn back to selling consumer products and not a candidate for elected office.

Both political parties and WBA have been encouraging people to vote early in the two weeks leading up to the election on next week.  In-person absentee voting comes to a close this afternoon so you still have time to vote via that route if you choose.

We encourage everyone who has not early voted to get to the polls on Tuesday, November 6, and cast your ballot.

You may remember that WBA has endorsed both the Romney-Ryan ticket for President and Tommy Thompson for U.S. Senate. We encourage you to consider those choices as well in this all-important election.

South Central WI BA GMM Features a Number of Legislators and Candidates

Hats off to the South Central WI Builders Association for holding their annual silent auction for political funds this week and for inviting all of their local elected state representatives and senators as well as candidates running for election this fall.

Current State Representatives Janis Ringhand (D-Evansville), Joe Knilans (R-Janesville), and Evan Wynn (R-Whitewater) joined candidates Deb Kolste (D-Janesville) and Ryan Schroeder (D-Delevan).  Each candidate was given a few minutes to conclude the meeting to introduce himself or herself and make a quick pitch on why he or she should be elected in November.

Thanks again to South Central WI BA for all of your efforts in organizing a successful political fundraising event and for bringing elected officials and candidates from both sides of the political aisle to the event!

Start Voting Monday

Not so long ago it was called “absentee voting” and you technically had to have an excuse as to why you were not able to vote in person on Election Day.  Now it is called “early voting” and all you need to do is show up at your local municipality during the times they are open to the public to vote.

The theory, for both political parties, is to get votes “in the bag” as soon as early voting begins so those can be counted on in advance of the election. 

In addition to early voting, people are also encouraged to vote by mail for the same reason, getting those votes locked down well before the election.  In past election cycles, the GOP has focused more on voting by mail while the Democrats have traditionally concentrated more on getting supporters to vote early and have spent a lot of time rounding up supporters on Election Day and driving them directly to the polls to vote.

So, if you have made up your mind and want make sure your vote is in the bag for the candidates you support, you should contact your local municipality to see when you can swing by and early vote this fall.

WI DNR: General permit now available for small projects impacting wetlands

 

A general permit that streamlines and shortens the wetland permitting process for some residential, commercial and industrial projects impacting wetlands is now in effect, state wetland officials say.

The statewide general permit — or “GP” — is the first of its kind required under a new law passed earlier this year by state lawmakers. It enables people who have a project resulting in the unavoidable filling of up to 10,000 square feet of wetland — just under one-quarter of an acre — to get their permit decision more quickly if the project meets the standards and conditions in the general permit, according to Cami Peterson, Department of Natural Resources wetland policy coordinator.

“The general permit simplifies the permit process for projects that can’t avoid small amounts of wetland fill,” she says. “By avoiding and minimizing wetland impacts, and designing their project to meet the GP standards and conditions, a property owner can qualify and get their permit decision within 30 days.”

Previously, all landowners wanting to pursue projects that involve wetland fill were required to seek an individual permit and lengthier environmental review.

The general permit for smaller projects identifies the location, design, and construction standards and other conditions any project must meet to qualify for the general permit, and to ensure that minimal environmental effects occur. The general permit is valid statewide for 5 years. When property owners’ projects are covered under the general permit, DNR is required to issue a decision within 30 days.

Projects that involve more than 10,000 square feet of wetland fill or do not meet the GP standards and conditions continue to require a wetland individual permit, which has a longer process time, a higher permit fee, and require wetland mitigation and a higher level of environmental review, Peterson says.

The general permit, more information about eligibility for the permit and how to apply for coverage can be found by searching the DNR website for wetland permits.

FOR MORE INFORMATION CONTACT: Cami Peterson (608) 261-6400 at the DNR

Halloween is here: it’s Smart Growth Grants month

Keep an eye on your city councils and village planning departments this month. October is the deadline for communities to apply for a variety of grants related to teaching you how to do your job “smarter.” 

For several years, the United States Environmental Protection Agency (EPA) has been promoting a variety of land use and community development planning tools, under the umbrella of environmental sustainability. Follow this link to more information http://www.epa.gov/smartgrowth/buildingblocks.html.  

 The Wisconsin communities of Fitchburg and Reedsburg have won grants in the past, for things ranging from stormwater management planning to making city streets friendlier for bicyclists. While many of the ideas that come from government-blessed “sustainability” movements are positive and compatible with the way people actually want to live, there are inevitably a few, “Are you kidding me?!” concepts in there as well. 

WBA, NAHB and your local association have access to a variety of our own “tools,” to help when the government’s tools bind up the gears. Keep an eye on your local agendas, and let us know if you need more information.

State Senate Likely Flips to Democrats

Most pundits said the majority in the state senate would ultimately be decided in the 21st Senate District which featured a “do over” from 2010 where current State Senator Van Wanggaard was facing former State Senator John Lehman.  Those pundits were right on.  The other three state senate seats stayed Republican while it appears that Wanggaard was defeated by Lehman by just under 800 votes.

As of this morning, Lehman leads Wanggaard by 779 votes to be exact and Lehman has claimed victory while Wanggaard has yet to concede the race.  It looks like the GOP is taking a look at the returns and will make a determination to request a recount of the results at some point very soon.

If the Lehman victory holds, and with a 779 vote lead that is very likely, the senate majority will flip to the Democrats 17-16 for the time being.  The legislature is adjourned for the time being so it is unlikely the body will meet until January 2013 after the fall general election.

All of the focus is now on two key races this fall that will likely again determine the majority in the state senate.  District 12 in northeastern Wisconsin, which has been a GOP target for the past 20 years, is the most likely target that the GOP has to take back the senate.

Senate District 18, represented by former Senator Randy Hopper before his recall defeat in 2011 and currently held by Senator Jessica King, will be another hotly contested race this fall.  Before King’s win, the 18th Senate District had been represented by Senator Carol Roessler (R-Oshkosh) since the 1980’s and has traditionally been a GOP seat.