Wednesday, February 17, 2021

Governor Evers Introduces State Budget

Governor Evers delivered his 2021-23 state budget address on Tuesday night. The 700-page executive budget can be viewed here and the Budget In Brief can be viewed here . The 1,800 page bill, which was introduced as Assembly Bill 68/Senate Bill 111, can be viewed here


The Governor’s budget has already been met with resistance from the Legislature. Assembly Speaker Robin Vos (R-Rochester) described it as a ‘wish list’ that ‘contains far too many poison pills.’ 

 

We are still going through these very lengthy documents, but here is an overview of items that may be of interest to WEMTA. 



Administration 


TEACH: The Governor recommends making several adjustments to the Technology for Educational Achievement (TEACH) program, including: 

  • Extending the information technology infrastructure block grant program for schools and libraries to June 30, 2025, at $3 million per year; 

  • Allowing the Department of Administration to use unawarded grant funds in the second year of the biennium; and

  • Modifying current law to modernize outdated terms, align state statutes with current administrative practice and align state statutes with applicable federal regulations. 


Board of Commissioners of Public Lands 


Gifts and Grants:  Creates an appropriation for gifts and grants to allow the board to receive donations to improve accessibility of public lands under its control.

 

Children and Families 


Internet Assistance: Provides $20 million per year for a new TANF program to aid low-income households in paying for monthly Internet subscriptions. 


Employee Trust Funds 


Return to Work for Retired Teachers: Allows districts to rehire a retired WRS annuitant teacher if: (a) at least 15 days have passed since the teacher left employment with a district; (b) at the time of retirement, the teacher does not have an agreement with any school district to return to employment; and (c) upon returning to work, the teacher elects to not become a participating employee and to continue receiving his or her annuity. 


Domestic Partnership Benefits for Employee Trust Funds Insurance Programs: The Governor recommends reinstating domestic partnership benefits for all insurance programs administered by the Department of Employee Trust Funds. These benefits were originally eliminated under 2017 Wisconsin Act 59, effective January 1, 2018.



Employment Relations Commission 



Collective Bargaining Provisions: The Governor recommends:

  • Establishing collective bargaining, mediation and arbitration rights for front-line workers and any other employee in a collective bargaining unit containing a front-line worker;

  • Eliminating the required annual recertification requirement for representatives of all bargaining units; 

  • Requiring a majority vote of all bargaining unit members voting to recertify a representative, as opposed to a majority vote of all a unit's members; and

  •  Requiring that upon changes in policy impacting wages, working hours or working conditions (and if there are no such changes then on at least a quarterly basis), employers meet and consult with representatives from all bargaining units other than public safety, transit or front-line worker qualified units with collective bargaining rights. Front-line workers are defined as employees with regular job duties that include interacting with members of the public or large populations, or directly involving the maintenance of public works. 



Local Government Employee Grievance Procedures:  Requires local units of government to revise employee grievance procedures to address employee discipline, workplace safety and a just cause standard of review for termination, including a refusal to renew a teaching contract. The Governor also recommends modifying state statutes to require a local government employee grievance procedure to include an impartial hearing from the commission, during which the grievant would be entitled to legal representation. 



Financial Institutions


Public Service Loan Forgiveness Notification: Requires the Department of Financial Institutions to maintain and make available information regarding student loan forgiveness programs for which employees of the state or employees of a local unit of government may be eligible. The Governor also recommends that all state and local public employers be required to provide information regarding student loan forgiveness programs to their employees.


Student Loan Ombudsman and Borrower Bill of Rights:  Creates an Office of Student Loan Ombudsman within the Department of Financial Institutions. The Governor also recommends establishing a student loan Borrower Bill of Rights to ensure that student loan servicers provide the necessary information for higher education loan borrowers to make the best choices for their individual circumstances and to ensure that student loan servicers take basic actions that are in the best interest of student loan borrowers.


Justice 



Settlement Funds: The Governor recommends repealing statutory language changes made in 2017 Wisconsin Act 369 requiring the Attorney General to deposit all settlement funds into the general fund. This would restore the prior law status of the disposition of settlement funds by requiring the Attorney General to submit a proposal for the expenditure of uncommitted settlement funds to the Joint Committee on Finance under a passive review process. It is WEMTA's position that these funds belong in the Common School Fund.


Public Instruction 


Recollection Wisconsin and WISELearn: Reallocates $150,000 in FY22 and $200,000 in FY23 from WISELearn and providing an additional $100,000 in FY23 to support public library digital archiving efforts through Recollection Wisconsin.


Public Library System Aid: Provides an additional $2.5 million in the first year of the budget and an additional $4 million in the second year. 


Library Service Contracts: Provides an additional $12,900 in the first year and $25,300 in the second year to fully fund the estimated costs of the library service contracts. 


General School Aids: Provides a $221 million increase in the first year of the biennium and a $391 million increase in the second year of the biennium to restore two-thirds funding for schools. The Governor recommends providing a revenue limit adjustment of $200 per member in FY22 and $204 per member in FY23, and indexing the revenue limit adjustment to the change in consumer price index beginning in FY24. 


Per Pupil Aid: Provides an increase of roughly $28 million per year to fully fund a per pupil payment of $750 and an additional payment of $75 to school districts for each economically disadvantaged student. 


Out-of-School Time Programs Grant:  Provides $20 million to create a new continuing grant program to support out-of-school time program sites and out-of-school time programs.  DPI must award grants to school boards  in amounts of not less than $80,000 and not more than $145,000 per school year, and each grant may continue up to five school years. 


Computer Science Education Grants: Provides $750,000 to create a new grant program in FY23 to support professional development resulting in the licensing of computer science teachers.



Public Service Commission



Broadband Expansion Funding: Increases funding for the commission's broadband expansion grant program to over $150 million over the biennium, including: (a) a total of $74.8 million in FY22 and $72.9 million in FY23 in general purpose revenue funding; and (b) a minimum of $2 million annually in funding that is already budgeted from the universal service fund as part of a larger investment in broadband in the state. Also provides funding and position authority for an additional position in the State Broadband Office to assist with the expanded broadband grant program. Recommends creating a new general purpose revenue appropriation to cover all of the costs of the State Broadband Office.


Supporting Municipal Broadband: Recommends modifying statutory provisions that discourage municipalities from providing broadband service to residents in broadband "unserved" and "underserved" areas. Also recommends modifying current law to allow these same municipalities to apply for grants under the broadband expansion grant program.


Broadband Infrastructure Owned by Electric Utilities and Cooperatives: Recommends modifying current law to allow electric cooperatives and utilities to install, maintain or own broadband infrastructure on an eligible easement. 


Broadband Line Extension Grant Program: Provides $1.8 million in funding for calendar year 22 and $3.5 million for calendar year 23 to establish a broadband line extension grant program, which will provide grants or financial assistance to eligible households to subsidize the cost of a line extension from existing broadband infrastructure to a residence.


Broadband Customer Protections: Recommends modifying current law to protect broadband customers by requiring broadband service providers to meet certain service requirements, including prohibiting a broadband service provider from denying service to residential customers on the basis of race or income. Other protections would require providers to:

  • Provide service satisfying minimum standards established by PSC and allow subscribers to terminate contracts if broadband service fails to satisfy those standards;

  • Provide service as described in advertisements or representations made to subscribers;

  • Repair broadband service within 72 hours after a subscriber reports an interruption that is not the result of a major system-wide or large area emergency;

  • Give subscribers credit for interruptions of broadband service that last more than 4 hours in a day; and 

  • Give subscribers at least 30 days' advance written notice before instituting a rate increase.


Broadband Planning and Leadership Grant Program: Provides $300,000 in funding per calendar year to PSC to support the creation of a broadband planning and leadership grant program to assist communities as they develop plans to expand broadband service and access. Also recommends creating a grant resource team within the Department of Administration, which will, in part, provide technical assistance to communities in navigating state and federal broadband grant processes. 


Broadband Granular Mapping Data Requirements: Recommends modifying current law to require Internet service providers to provide broadband coverage mapping data on a more granular level than required by the Federal Communications Commission. Provides $76,100 for calendar year 22 and $97,100 for calendar year 23 in funding and position authority to the commission to assist with the more comprehensive broadband mapping efforts.

 



Revenue 



Marijuana Legalization: Legalizes the use of recreational marijuana and directs proceeds from its taxation to programs at the Department of Children and Families and education. The Governor’s office estimates that marijuana legalization will generate $165 million in revenue per year. The Governor is proposing dividing the revenue up as follows:


  • $30 million for equity grants through the Department of Health Services, the Department of Administration, and the Department of Children and Families, respectively;

  • $5 million to fund grants to underserved communities through the Wisconsin Economic Development Corporation; 

  • $34 million to support sparsity aid, which goes to small, rural school districts;

  • Remaining funds would go to the state’s general fund 


Secretary of State


Additional Resources for the Office: Increases funding by $154,900 in the first year and $162,800 in the second year to  support a deputy secretary of state position, office operations associate position and one-time financing necessary to move the office to a new location. 


State Treasurer 


Increasing Resources of the Office:  Provides funding to create  three new positions for the office including a chief of staff, financial officer and office manager. The Governor also recommends modifying the fund source split of the office and providing additional supplies and services for subscriptions and costs associated with moving to new space in FY22. The Governor further recommends that the State Treasurer serve on the Wisconsin Small Business Retirement Savings Board. 




Thursday, February 11, 2021

Joint Finance Committee Modifies DPI's Plan to Distribute Federal Discretionary Education Relief Funds

The Joint Finance Committee met on Wednesday afternoon and voted 11-4 to tie $65.5 million of the $686 million in federal education relief funds received by Wisconsin to in-person instruction. 


The Committee's change impacts the $67 million in discretionary funds received by DPI from the most recent federal COVID relief bill.  DPI had proposed using $65 million of these funds to ensure that every school receives a minimum $395 per pupil aid increase. Under the Joint Finance Committee's motion, $65 million will still be targeted to schools that received less than $395 per pupil from the federal pass-through funds, but the amount of aid provided to each school will be based on the number of in-person instruction hours they offer during the 2020-21 school year. The Committee did not modify DPI's proposal to use the remaining $2 million in discretionary funds to ensure that all schools receive a minimum allocation of $100,000. 

As required by federal law, 90% ($617.4 million) of the federal funds will be allocated directly to schools using the existing federal Title 1 formula. 


Schools can use these federal relief funds for a host of activities related to responding to COVID-19. Allowable uses include addressing learning loss; planning for, coordinating and implementing activities during long-term closures, which includes providing technology for online learning to students; and purchasing educational technology, which includes hardware, software and connectivity. 



Monday, February 8, 2021

WEMTA State Superintendent Voter Guide

 

WEMTA surveyed every candidate for State Superintendent ahead of the February 16 primary about their position on some of the top issues facing school libraries. Their responses have been compiled into a WEMTA State Superintendent Voter Guide, which you can view here. Their answers appear in the order in which their names are listed on the ballot. 

The top two vote-getters on February 16 will advance to the general election on April 6.  






Friday, February 5, 2021

The Latest News on the State's COVID Bill, Mask Mandate and More!

Both houses of the Legislature were in session again this week. Here's a high-level overview of what happened. More detailed updates are provided below, including an in-depth run-down of what was included in the COVID-19 bill that was vetoed by the Governor today. 

  • The Assembly passed the Senate's Joint Resolution ending Governor Evers' Public Health Emergency and Mask Mandate.
  • Assembly Republicans asked Governor Evers to work with them on an administrative rule creating a targeted mask mandate. Senate Co-Chair of the Rules Committee Senator Steve Nass (R-Whitewater) said he did not support that effort.
  • Governor Evers issued a new Public Health Emergency and Mask Mandate shortly after the Assembly voted to terminate the existing order. 
  • Senator Steve Nass (R-Whitewater) said he would introduce a new Joint Resolution to terminate the Governor's latest public health emergency order. Senate Majority Leader Devin LeMahieu (R-Oostburg) called on the Wisconsin Supreme Court to rule on a case before them related to the Governor's ability to issue multiple emergency orders for the same emergency. 
  • The Assembly passed one last amendment to the COVID-19 relief bill, limiting the Governor's ability to issue public health emergencies related to COVID-19 only if it is required to receive federal funds and prohibiting him from taking other actions during the emergency. 
  • The Senate voted 19-11 to sign off on the COVID-19 Bill as tweaked by the Assembly, sending it to the Governor's desk.
  • Governor Evers vetoed the COVID bill shortly after it was passed by the Senate. 
State Assembly Repeals COVID-19 Emergency, Mask Order; Governor Issues New One 

The State Assembly on Thursday voted 52-42 to pass Senate Joint Resolution 3, which terminates the Governor's Public Health Emergency related to COVID-19 and has the effect of ending the state's mask mandate.

Governor Evers promptly issued a new Public Health Emergency and Mask Order after the Assembly vote. The Public Health Emergency will be in effect until April 5, 2021 and the Mask Order will be in effect until March 20, 2021. 

In a statement released by his office, the Governor said that his "statewide mitigation strategies to contain and respond to COVID-19 have been met with repeated lawsuits, political rhetoric, and obstruction from Republicans since last April." 

State Senator Steve Nass (R-Whitewater), one of the authors of Senate Joint Resolution 3, said that he would immediately draft a new joint resolution to end the Governor's latest order. Assembly Majority Leader Jim Steineke (R-Kaukauna) described the Governor's actions as pushing "away an olive branch to reach common goals." While Senate Majority Leader Devin LeMahieu (R-Oostburg) called on the Wisconsin Supreme Court to rule on the Governor's ability to declare multiple public health emergencies. 

Assembly Republicans Say They're Open to a Limited Administrative Rule Related to Masks; Senate Rules Co-Chair Says No
 
Prior to voting to terminate the mask order, Assembly Republicans sent a letter to Governor Evers asking him to stop issuing executive orders and to instead use the administrative rules process to enact masking requirements in places that could lead to virus transmission to vulnerable people, including health care facilities, nursing homes,  mass transit, state government buildings, public schools and universities and prisons. 

Senator Steve Nass (R-Whitewater), who co-chairs the Joint Committee for the Review of Administrative Rules, said he is not open to developing a mask mandate through the administrative rules process. 

Legislative Democrats said they will introduce stand-alone legislation creating a statewide mask requirement. 

COVID Relief Bill Vetoed by Governor 

The Assembly also voted on Thursday to once again amend Assembly Bill 1, the Legislature's COVID response bill, sending it back to the Senate. The Assembly's amendment further restricted language added by the State Senate last week limiting Governor Evers' ability to issue public health emergency orders related to COVID only for the purposes of receiving federal funds that require an active state-declared emergency or disaster. The Assembly amendment also clarifies that the Governor may not exercise any other emergency powers during the public health emergency. 

Senate Majority Leader Devin LeMahieu released a statement on Thursday, saying that the Legislature's COVID-19 bill must be signed into law by February 7 in order to receive enhanced federal unemployment benefits. The State Senate voted 19-11 on Friday to pass the bill. 

Governor Evers vetoed the bill shortly after it was passed. 

"Unfortunately, Republicans once again chose to put politics before people, abandoned that compromise, and passed a bill they knew I wouldn’t sign," said Evers in a statement. "I am calling on Republicans in the Legislature to stop playing politics and get to work sending me the compromise bill we worked on together.”

Items of interest included in the version of AB 1 that was vetoed by the Governor include: 

General COVID-19 Response


Coverage of COVID-19 Testing and Vaccination without Cost-Sharing: Requires health plans to cover COVID-19 testing and vaccinations without cost-sharing until June 30, 2021. 


State Funding:  Authorizes the Legislature’s Joint Finance Committee to transfer up to $100 million between state appropriation accounts. 


Legislative Oversight of Federal Funds: Requires the Governor to submit any plans for the use of federal COVID-19 relief funds to the Joint Finance Committee.


Public Health Emergencies Declared by Governor: Limits Governor Evers' ability to issue public health emergency orders related to COVID only for the purposes of receiving federal funds that require an active state-declared emergency or disaster. Clarifies that the Governor may not exercise any other emergency powers during the public health emergency. 


Bans State Vaccination Requirement: Bans the state and local health departments from requiring residents to receive the COVID-19 vaccination.


At-Home COVID Tests: Allows DHS to operate a COVID-19 at-home testing program until September 30,2021 


Dentists Providing Vaccinations: Allows dentists to provide COVID-19 and flu shots.  


Prescription Extension: Allows a pharmacist to refill a prescription for a 30-day supply without contacting the prescribing physician through June 30, 2021. 


Other Prescription Drug Protections: Prohibits insurers through June 30, 2021 from requiring prior authorization for early refills or placing other restrictions on refills, such as limiting refill supplies to less than 90-days. 


Nursing Home and Assisted Living Visitors: Allows a nursing home or assisted living resident, their guardian or health care agent to designate an essential visitor to visit and provide support to the resident in compassionate care situations. The resident's guardian or health care agent under a power of attorney is also considered an essential visitor.  A nursing home or assisted living facility may refuse to allow access for visitation to any essential visitor who refuses to comply with public health policies of the nursing home or assisted living facility



Employers


Bans Employers from Requiring COVID-19 Vaccination:
 Bans employers from requiring their employees to receive the COVID-19 vaccination.

Civil Liability: Creates a civil liability exemption for entities such as businesses, nonprofits, associations, schools, tribes, governmental entities and others related to COVID-19 exposure, death or damages. The exemption also covers employees, independent contractors or volunteers of an entity. The Senate ultimately removed language that would have allowed businesses to be exempt even if they ignored government guidance related to closures or capacity limits. 



Education 


College Credit for Helping with COVID-19 Response: Requires the UW System and technical colleges to offer students an opportunity to satisfy course requirements using time spent volunteering or working to assist Wisconsin in responding to COVID-19. 


Reports on Virtual Instruction: Requires school boards to submit reports on virtual learning to the Department of Public Instruction following each semester in the 2020-21 and 2021-22 school years. One of the required elements of the report is a description of any challenges or barriers the school board faced related to implementing virtual instruction. DPI must then compile this information into a report for the Legislature. 


BCPL Loans: Allows the Board of Commissioners of Public Lands to loan money to cities, villages, and towns to ensure that a municipal utility under the control of the city, village, or town is able to maintain liquidity. This authorization would end on April 15, 2021. 


Rehiring WRS Retirees: Allows a Wisconsin Retirement System Retiree to return to work without suspending their annuity if they return to work in a critical position during the COVID-19 pandemic. Retirees must wait at least 15 days after leaving their job before they return to work at a WRS-covered position. 


Waiver of Rules for the School Choice Program: Extends DPI’s authority to waive certain rules related to the school choice or special needs scholarship programs through October 31, 2021. DPI's waiver authority does not apply to requirements to administer pupil assessments.


Virtual Charter Students Playing School Sports: Allows virtual charter school students to play sports for their resident school district  


Short-term Subs: Allows individuals to serve as short-term substitutes without a license or permit so long as they pass a background check and submit an application to DPI


Open Enrollment Changes: Prohibits a student's resident school district from blocking their open enrollment application if they are using the alternative application process during the 2020-21 and 2021-22 school years. Allows a student to apply to an unlimited number of nonresident school districts under the open enrollment program in the 2020-21 and 2021-22 school years.



Unemployment Insurance


UI Backlog: Requires the Department of Workforce Development to publish a plan on addressing the unemployment insurance claims backlog within 30 days of the bill becoming law. 


UI Call Centers: Requires the Department of Workforce Development to extend unemployment insurance call center hours to 12 hours per day, 7 days per week. 


UI Waiting Period: Extends the waiver of the state’s one week waiting period for unemployment insurance to March 14, 2021. 


Extended Benefit Periods: Allows the Secretary of the Department of Workforce Development to waive certain current law restrictions related to extended unemployment benefit timeframes.