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Legislative Updates

Senate committee holds public hearing on DHS secretary nomination

The Senate Committee on Health held a public hearing on the nomination of Kirsten Johnson as Secretary of the Department of Health Services (DHS). She has served as secretary-designee since Gov. Tony Evers (D) appointed her to lead the agency in February 2023. Sec. Johnson was the head of the Washington Ozaukee Public Health Department for more than a decade, including at the outbreak of the COVID-19 pandemic. She was then tapped as the Milwaukee health commissioner in January 2021. Sec. Johnson said one of her top priorities as DHS secretary is improving the public health system in Wisconsin and ensuring equitable access to public health services for everyone in the state.

The response by public health officials to COVID-19 was a significant topic of discussion. Republican Senators questioned Sec. Johnson on decisions she made during the pandemic concerning masks, vaccines, and school closures. “We certainly made mistakes,” Sec. Johnson said. “Part of it is this was a novel disease. We didn’t know what we didn’t know.” Asked by Sen. Rachael Cabral-Guevara (R) to provide specific examples of something she would have done differently, Sec. Johnson cited school closures. “I would not close schools today if we were to have a spike of COVID,” Sec. Johnson said. She also clarified that she would not support mask mandates for the public at large, but still recommended people wear masks if they are vulnerable or have been exposed to the virus.

Sec. Johnson is the third DHS secretary appointed by Gov. Evers since 2019. Neither of the two previous nominees received a vote on the Senate floor.

JFC approves tax cuts, rejects DSPS request for more staff

Tax Cuts

The Joint Finance Committee (JFC) held an executive session this week where it approved a $3 billion tax cut backed by Legislative Republicans that would reduce the state’s third highest income tax bracket, as well as expand an existing tax break on retirement income. The bill, AB 386, was passed 11-4 along party lines with Republicans in support and Democrats opposed. Gov. Evers has already promised to veto the measure should it make it through the Legislature; so far, it has only been passed by the Assembly and is still working its way through the Senate. Rep. Deb Andraca (D) said the proposal is an example of the GOP’s misplaced priorities and called on Republicans to do more to entice young working families to the state through paid family leave programs and continued subsidies for child care centers. “We all want tax cuts. What the state needs is taxpayers,” Rep. Andraca said. Republicans countered the tax reductions are exactly what the state needs to attract more residents. “We need to be competitive with states around us,” Rep. Terry Katsma (R) said.

The proposal would reduce the state’s third-highest tax bracket from 5.3% to 4.4%. This would impact individuals with a taxable income between $27,630 and $304,170 and couples filing jointly between $36,840 and $405,550. The Legislative Fiscal Bureau estimates taxpayers in the state with an adjusted gross income under $100,000 would represent 63.7% of all filers with a tax decrease, and would account for 30.2% of the total income tax reduction. Those taxpayers would see an average decrease in income taxes of $367 in tax year 2023. For retirees over the age of 67, the bill also includes an exemption of up to $100,000 of retirement income for individuals and up to $150,000 for married couples.

Department of Safety and Professional Services

The JFC also held a Section 13.10 meeting where it rejected a request from Gov. Evers’ administration to increase the number of program revenue (PR) funded positions at DSPS to help process credential requests submitted to the agency. This marks the second time in the last few months the finance committee has turned down a request a DSPS request for additional position authority. A memo from LFB notes the latest proposal called for an additional $1.4 million in funding and the creation or extension of 7.25 full-time equivalent positions over the next two years to help DSPS maintain or reduce the time it takes to process credentials. Two of the positions that currently process credential applications were authorized during the last biennial budget and are due to expire September 30th. Five of the credentialing positions are federally funded through ARPA and would otherwise expire on December 31, 2024. According to LFB, the average credential processing time in October 2022 was 46 days. As of March 2023, the average credential processing time was 38 days.

Senate Committee rejects 4 of 5 NRB appointments

GOP senators on the Senate Committee on Financial Institutions and Sporting Heritage rejected four out of five of Gov. Tony Evers’ (D) appointments to the Natural Resources Board. The only appointee approved by the committee was Paul Buhr, a farmer from the Driftless region. The five appointees now head to the full Senate, which has the option to confirm or reject all or some of the appointments. The Senate also has the option to refuse to consider the appointments and leave the appointees unconfirmed, in which case they would stay on the board but could be removed at any time by a majority vote of the Senate. Right now, most of the board remains unconfirmed.

Governor Evers (D) spokesperson Britt Cudaback said, “It’s outrageous that four dedicated and qualified public citizens who are volunteering their time, energy, and expertise to serve our state continue to be subjected to the political ire of Wisconsin Republicans whose own resumes wouldn’t pass muster for filling these very roles.” Democratic committee members, Senator Dianne Hesselbein and Senator Mark Spreitzer, were disappointed by the results of the committee hearing vote. However, Senate Majority Leader Devin LeMahieu (R) earlier this year expressed concern on Gov. Evers’ appointees to the board due to their potential lack of background for the board.

New bill would award grant funding to K-12 schools for gun detection technology

Republican lawmakers Sen. Van Wanggaard, Sen. Jesse James, Rep. Calvin Callahan, and Rep. John Spiros are circulating legislation that would provide grant funding to K-12 schools in Wisconsin that install proactive gun detection systems on their grounds. The bill, LRB-3599/LRB-4513, would allow school districts to receive up to $325,000 in funding from the state to install software that use a combination of artificial intelligence and school cameras to detect un-holstered guns on school grounds. “Proactive gun detection measures and a rapid response plan can provide advanced security coverage where it’s actually needed and give the school an opportunity to lock down and get students to safety,” the bill’s authors said in a co-sponsorship memo seeking support from other lawmakers. A school district would need to apply for the grant in conjunction with its local law enforcement agency.

Supreme Court Updates

SCOWIS impeachment news

Lawsuit filed

American Oversight, a Washington, DC-based group that identifies itself as a “nonpartisan, nonprofit watchdog that advances truth, accountability, and democracy by enforcing the public’s right to government records” filed a lawsuit in Dane County Circuit Court alleging a panel of retired state Supreme Court justices convened by Assembly Speaker Robin Vos (R) to advise him on impeachment is a governmental body that must meet in public. The lawsuit seeks a declaration from the circuit court that Speaker Vos’ panel of retired justices is subject to the state’s Open Meetings Law, as well as a finding the panel has already violated the law by failing to provide advance notice of its meetings and not holding the meetings in public. “It’s bad enough to threaten to remove an elected justice for political gain, but it’s an additional violation of the public trust to be making plans in secret,” American Oversight Executive Director Heather Sawyer said. In a statement responding to the lawsuit, Speaker Vos said “This complaint is without merit and shows how desperate the left is to change the subject away from the more important issue of the recusal of Justice Protasiewicz.”

Speaker Vos announced the creation of the panel earlier this month, saying he wanted former justices to “review and advise what the criteria are for impeachment” of liberal Justice Janet Protasiewicz if she does not recuse herself from lawsuits filed with the court looking to throw out current legislative maps drawn by the Legislature’s GOP majority. Speaker Vos has not shared the names of the panel members and conservative former justice David Prosser is the only person who has publicly confirmed his participation. Prior to the lawsuit being filed, Speaker Vos said during a podcast interview that he didn’t expect the panel to issue a formal report and the purpose of the group was so he could hear from people with in-depth knowledge of the state’s laws and Constitution. “But again, it’s not really a public document,” Speaker Vos said. “It’s certainly not a public process. There’s nothing in statute to do it. It’s just people giving me advice.” However, Speaker Vos did say that he would like the panel’s findings to be released “for a public review.”

Petition for emergency order rejected

The state Supreme Court denied a petition from two Wisconsin voters, who voted for Justice Protasiewicz, seeking an emergency order to bar the Assembly from initiating impeachment proceedings against any member of the state Supreme Court. Justice Protasiewicz recused herself from the case and did not participate in rendering the court’s decision. The suit had been filed shortly after Speaker Vos indicated the Assembly would consider impeaching Justice Protasiewicz if she did not recuse from the two legislative redistricting lawsuits currently before the court.

New radio campaign announced

The progressive advocacy group A Better Wisconsin Together launched a new radio ad opposing the impeachment of Justice Protasiewicz. The ad claims an impeachment “would threaten our democracy and overrule the will of the people.” The group said the radio ads will air for two weeks on two statewide networks. Additional details on the spot were not provided.