Case 2019CV000084 Document 99 Filed 02-22-2019 Page 1 of 35 FILED 02-22-2019 CIRCUIT COURT DANE COUNTY, WI STATE OF WISCONSIN CIRCUIT COURT BRANCH 15 DANE COUNTY 2019CV000084 THE LEAGUE OF WOMEN VOTERS OF WISCONSIN, et al., Plaintiffs, Case No. 19-CV-00084 Case Code : 3070-1. &. 30704 v DEAN KNUDSON, et a1., Defendants AFFIDAVIT OF COUNSEL STATE OF WISCONSIN ) ) ss. COUNTY OF DANE ) Tamara Packard, being first duly sworn on oath, deposes and says: 1'. I am an attorney licensed to practice in the State of Wisconsin. I am a partner in the Madison law firm Pines Bach LLP and am one of the counsel for Defendant Governor Tony Evers in this matter. 2. In additior¡ I am one of the counsel for Governor Tony Evers in Seruice Entployees Internntionnl Union (SEIU), Local 1, et al, o. Robin Vos, et ø1, Dane County Case Number 19-CV-0302 ("SEIU Case"). 3. Attached hereto as Exhibit " A" is a true and correct copy of the Affidavit of Ryan Nilsestuen originally filed in the SEIU Case. 4. Attached hereto as Exhibit "8" is a frue and correct copy of the Affidavit of JoAnna Richard originally filed in the SEIU Case. Case 2019CV000084 5. Document 99 Filed 02-22-2019 Page 2 of 35 Attached hereto as Exhibit "C" is a true and correct copy of the Affidavit of Susan Karaskiewicz originally filed in the SEIU Case 6. Attached hereto as Exhibit "D" is a true and correct copy of the Affidavit of Sandra Rowe originally filed in the SEIU Case 7. Attached hereto as Exhibit "8" is a true and correct copy of the Affidavit of Chad Koplien originally filed in the SEIU Case. 8. Attached hereto as Exhibit F is a true and correct copy of Senate Joint Res. 1, 103.¿ Reg. Sess. (Wis. 2017) 9. Attached hereto as Exhibit G is a true and correct copy of page A-45 of Wisconsin State Assembly, 1969 Wisconsin Assentbly Tamara Packard this h sworn to before me day of February, 20L9. ,' \lotary Public, State of Wisconsin ,- '. My Cómmission Expires: tql\hf J I 2 Case 2019CV000084 Document 99 Case 2019CV00CI302 Document 51 Filed 02-22-2019 Filed 02-20-2019 CIRCUIT COURT BRANCH 8 STATE OF WISCONSIN Page 3 of 35 Page 1 of 10 FILED 02-24-2019 CIRCUIT CCIURT DANE COUNTY, WI DANE COUNTY 201 9CV000302 SERVICE EMPLO\TES INTERNATIONAL UNION (SEIU), LOCAL l, et al. Plaintffi, v Case No. l9-CV-0302 ROBIN VOS, et al. Defendønts AFFIDAVIT OF RYAN NILSESTUEN srAllr oF wrscoNSIN ) corrNTY oF DANE ) ) ss. RYAN NILSESTUEN, being first duly s\ryom on oath, 1. deposes and says: I am chief legal counsel for Defendant Gov, Tony Evers. Before Iarnary 7, 2AL9,I was chief legal counsel for the Wisconsin Department of Public Insíuction. As one of my job responsibilities, I have evaluated how certain provisions contained ín 2017 Wisconsin Acts 368, 369 and 370 will affect the Executive Branch. 2. I submit this affidavit in support of Defendant Gov. Tony Evers' Response to Plaintiffs' Motion for Temporaly Restraining Order and Temporary Injunction. 3. On Decemb er 14, 2A78,2017 Wisconsin Acts 368,369, anó 370 were enacted into law. Both individually and taken together, Acts 368, 369, atd 370 severely limit and impede the ability of the executive branch to exercise core executive responsibilities and powers, thus incurring considerable expense and diminishing the ability of state agencies to serue the public. 7 Case 2019CV000084 Case Document 99 2019CV00û302 4. Document 51 Filed 02-22-2019 Filed 02-20-2019 Page 4 of 35 Page 2 of 10 Section 227.112 of the Wisconsin Statutes, enacted as Section 38 of Act 369, subsection (1), requiles state agencies to promulgate guidance documents, as definedby V/is. St¿t. ï227.01(3m) (enacted as Section 31 ofAct 369),by: submittingsuch documents to the Legislative Reference Bureau (LRB) for publication in the administrative register in a format prescribed by the LRB; allowing fhe public to comment on the proposed document for up to 21 days; and retaining and considering such comments before formally adopting the guidance document. 5. Section 227.I12(7)(a) of the'W'isconsin Statutes requires state agencies to promulgate existing guidance documents before July 1, 2A79. 6. The LRB, as required by Wis. Stat. $ 227 .112{l)(a), prescribed a format for publishing guidance documents. 7 , By an email dated January 29,20L9, the LRB issued notice to the state agencies on the method and format to submit guidance documents to the LRB. 8. A true and conect copy of tha[ email, forwarded to me on February 8,2019 by Mike Duchek in the LRB, is attached hereto as Exhibit 1, 9. The LRB stated in the aforementioned email, in part, that, "The LRB has determined that each submission of a proposed guidance documentwith a notice of public comment period must be made in the format of a singie document in PDF format, though the agency may submit a notice with multiple (i.e., related) documents in a single PDF if appropriate. " 10. 11. The LRB furfher reqnires agencies to submit guidance documents via email. The LRB's email system timits aftachments to 10 megabytes' 2 Case 2019CV000084 Case Document 99 Filed 02-22-2019 2019CVû00302 Document 51 t2. To assess the Filed 02-20-2019 Page 5 of 35 Page 3 of 1û impact this provision will have on the executive branch, I had communications with the thirteen state agencies. 13. Based on these communications and meetings and my prior experience as chief legal counsel for the DPI, I am certain that state agencies will not able to comply with tlre statutory requirement without significant expense, seriously delayed or diminished services, and a significant reduction in information provided to the public. 74. I conservatively estimate thar fte definition of a guidance document covers more than 200,000 existing documents across state agencies. This estimate does not include an agency's email correspondence or webpages that meet the definition of a gvidance document. 15. On February 13, 2A79,I had a meeting with legal counsel from the Legislative Council and LRB. I have also engaged in email correspondence with LRB legal counsel about the guidance document requkements and how the LRB will handle its obligations under Wis. Stat. 5 227 .I12, 16. In addition to the sheer volume of the docurnents, the LRB process does not permit agencies to submit guidance documents in commonly used formats, such as video and interactive online modules. 17 , For example, the DPI's website has 25 ftaining webcasts for child anel adult care centers that participate in the Child and Adult Care Food Program (CACFP), a prog¡'aln administered by the ÐPI. These webcasts provide training on such topics as civil rights requilements, nutritional requirements, record keeping requirements, reporting requilements, and enforcement by the DPI. The webcasts are located at: https://clpi.wi.govlcornmuniEv-nutrition/cacfp/training/webcasts-cacfu. 3 Case 2019CV000084 Case Document 99 2019CV000302 Documeni 18. Filed 02-22-2019 Page 6 of 35 Filed CI2-20-2019 Page 4 of 10 51 The LR3's prescribed format does not pennit the DPI to submit these webcasts to the LRB for publication. 19. The JuIy l,2Al9 deadline to promulgate guidance documents creates a further burden on state agencies because state agencies will be tasked on or about thal date to implement a new state budget. The last state budget, 2015 Wisconsin Act 55, contained 660 pages of changes to state law, many of which had to be implemented by state agencies through administrati.ve rulemaking. As a result of these burdens, many agencies will be unable to meetthe July I,2Al9 deadline andbe unable to implementnewrequirements contained in the budget in a timely manner. 2A. Section 165.08 of the'Wisconsin Stafutes, as amendedby 2017 Wisconsin Act 369, requtres the attotïey general to seek approval from a legislative intervenor or, if there is none, the Joint Committee on Finance in order to discontinue any civl action prosecuted by the Department of Justice at the request of a state agency. 27. Section 165.25(6)(a) 1 of the'Wisconsin Statutes, as amendedby 2017 Wisconsin Act369, requires the attorney general to seek approval from a legislative intervenor or the Joint Committee on Finance (JCF) in order to compromise or settle an action if the action is for injunctive relief or there is a proposecl consent decree. 22. These requirements have aheady impeded the ability of the executive branch to settle or cease lawsuits initiated by the executive branch or seffle cases brought against the executive branch. 23, By a letter dateci January 22, 20Ig, Governor Evers withdrew the attorney general's authorify to participate ín Texas, et al., t. {Iníted States, et al,, Case No. 2018-cv- 0û167-0 OI.D. Tex.). A true and correct copy of the letter is attached hereto as Exhibit 2. 4 Case 2019CV000084 Case Document 99 2019CV000302 24. Document 51 Filed 02-22-2019 Page 7 of 35 Filed 02-20-20'19 Page 5 of 10 By a letter dated Januaty 24,2A18, Attorney General Josh Kaul requested the JCF's approval to withdraw flom the lawsuit, A tlue and correct copy of the letter is aftached hereto as Exltibit 3, 25. As of the date of this afficlavit, the JCF has not responded to, considercd, or voted on the request. 26. 2017 \Misconsin Act 370 created'Wis. Stat. $ 20.940(1), which prohibits the DHS from requesting a waiver fi'om the federal governmentfor any program administered by the DHS. As a result, Governor Evers may not seelc any modifications to major federal progfams administered by DHS, including BadgerCare Plus, FoodShare Wisconsin, or the WIC Program, without approval by the JCF. RYAN NILSESTUEN Subscribed and swolTr to before me this Lo day ofFebruary,2A19 tltlllllt,, rÁ&Þ Notary , State of Wisconsin lvlv Commission Exuires : Qerrrg tup","*: c ,Ítil¡t 5 Case 2019CV000084 Case Document 99 2019CV000302 Document 5'1 Filed 02-22-2019 Page 8 of 35 Filed 02-20-2019 Page6of10 From: Tol DucheK Mike - LEGIS Nilsestuen, Rvan - GOV Subject: FW: Information on Submittal of Guidance Documents to the LRB Date: Friday, February 8, 2019 9:53:06 AM Attachmentsi NOTICE OF PROPOSED GUIDANCE DOCUMENT,docx Ryan, here is what we sent out about a week ago From: Administrative Code and Register Sent: Tuesday, January 29,2019 4:20 PM To: Rabe, David - DOA ; Carlson, Michael M - DATCP ; Dedinsky, Paul - DATCP ; Cochart, Lacey L - DATCP ; Pridgen, Elaine - DCF ; Slater, Rebecca A - DATCP ; Davis, Peter G - WERC ; Strelow, Lucas - ETF ; Nispel, David ETF ;.Judnic, Nathan - ELECTIONS ; Haas, Michael R - ELECTIONS ; Buerger, David - ETHICS ; Schlei, Mark S - DFI ; Subach, Dan - DOA ; Berry, Robert - DOA ; Ciotola, Davis A - DHS ; Hayes, Brian - DOA ; Walsh, Julie E - OCI ; Bellavia, Thomas C - DOJ ; Rich, Julie A - COURTS ; Schultz, Karen E - DWD ; Haddix, Linda L - DNR ; Bryan, CarlJ - DPI ; Leong, Helen - DSPS ; Henes, Sharon - DSPS ; Kleven, Dale - DSPS ; Coker, Steffany - PSC ; Shampo, Jeffrey J - DOA ; Chadwick, Jennifer C - DOR ; Whelan, Maura F - DOJ Cc: Duchek, M ichael ; G rosz, Scott ; Kelley, Margit Subject: lnformation on Submittal of Guidance Documents to the LRB following email is intended for dgency employees who work with ddministrative rules, if you dre no longer the point of contract for ødminÍstrative rules, please forward this email to the correct contdct or agency legol counsel. lf you receive this email as a forword, please reach out to emrno.gradian@legis,wiscqnçip..gov to be odded to the administrotive rules agency contdct l¡st. Thank you! The This is a notice to agencies regarding the publication of proposed guidance documents pursuant to provisions included in2Ot7 Wisconsin Act 369. Under s.227.1,I2, stats., agencies must submit proposed guidance documents with notices of public comment periods to the format approved by the LRB for publication in the register. The LRB has determined thatthese each submission of a proposed guidance documentwith a notice of a public comment period must be made in the format of a single document in PDF format, though the LRB in a Exhibit 1- Case 2019CV000084 Case Document 99 2û19CV000302 Document 51 Filed 02-22-2019 Page 9 of 35 Filed 02-20-2019 Page 7 of 10 agency may submit a notice with multiple (i.e,, related) documents in a single PDF if appropriate. The PDF may consist in whole or in part of pages that have been scanned in. Attached is a sample suggested notice forthe submission of a guidance document, which the agency may modify and add to as needed to provide further details regarding the guidance document(s) being put out for comment. lt is suggested that the agency include such a notice as the first page of a PDF containing a proposed guidance document. also the certification requirement under s.227.II2 (6), stats. Guidance documents will appear in a separate category in the register. Although the LRB typically uses a Thursday deadline for submission of materials for the register (which we sometimes will allow exceptions to), publication of a large volume of documents for a given week will require advance notice to the LRB, and the LRB requests and strongly encourages agencies to discuss with the LRB in advance if the agency has any plans for submitting large volumes of documents to the LRB for publication in the register. As with all other notices for the register, notices for proposed guidance documents may be submitted to the LRB at Administrative-Code-Register@legis.wrsconsin,gov. lf an agency will be sending a large number of files or files with a large file size, please contact us to discuss alternative methods of submission. Please contact the LRB for further questions on the submission of guidance documents for publication in the register, Note that agencies are not required to submit final guidance documents to the LRB for publication in the register, only proposed guidance documents with notices of public comment periods and the place where comments should be submitted, However, pursuantto s,227.1"I2 (2), stats., an agency must post finalguidance documents and permit continuing public comment on its own web site. Additionally, an agency may seek assistance from the Legislative Council Staff regarding further questions on what constitutes a guidance document for purposes of the statute. -Mike Duchek (michael.duchel<@legis.wisconsin.gov), LRB Administrative Rules Counsel, and Emma Gradian, (emma.gradian"@legis.wlsconsin.gov), LRB Administrative Rules Editor Case 2019CV000084 Case Document 99 2019CV000302 Document 5'1 Filed 02-22-2019 Flled 02-20-2019 Page 10 of 35 Page I of 10 NOTICE OF PROPOSED GUIDANCE DOCUMENT ITITLE OF PROPOSED GUIDANCE DOCUMENT] Pursuant to s.227.112, Wis. Stats., the Wisconsin [AGENCY NAME] is hereby seeking comment on [TITLE OR DESCRIPTION OF PROPOSED GUIDANCE DOCUMENT(S)1, a proposed guidance document. [The agency may offer a further description of the proposed guidance document(s) as well as any other relevant information, such as whether the proposed guidance document(s) replaces any earlier guidance document(s).] PUBLIC COMMENTS AND DEADLINE FOR SUBMISSION Comments may be submitted to [AGENCY NAME] until ICOMMENT DEADLINE]* by: [1. Emailing [AGENCY E-MAIL]I [2. Submitting a comment through the IAGENCY NAME]'s website: [URL]I [3. Mailing written comments to: IAGENCY ADDRESS]] AGENCY CONTACT PERSON The final version of this guidance document will be posted at [URL] to allow for ongoing comment. AGENCY CONTACT PERSON IAGNENCY CONTACT PERSON AND CONTACT INFORMATION] *The agency should note approval of the governor if using a comment period of less than 2L days. Case 2019CV000084 Case Document 99 2019CV000302 Document Filed 02-22-2019 Filed 02-20-2019 5'1 Page 11 of 35 Page I of 10 Tony Evers Office of the Governor I Strt. of Wisconsin VIA HAND DELIVERY January 22,2019 The Honorable Josh Kaul Attorney General Wisconsin Department of Justice 17 W. Main Street Madison, Wl 53703 Attorney General: I am immediately withdrawing the authority previously provided under Wis, Stat, S f 65.25(1m) for Wisconsin to participate in litigation over the Affordable Care Act in lexas, et al .v. the United Sfafes. I know that the approximalely 2.4 million Wisconsinites with a pre-existing condition share my deep concern that this litigation jeopardizes their access to quality and affordable health care. lf successful, this Iitigation could once again allow insurance companies to deny coverage to people with pre-existing conditions-such as asthma, diabetes, or cancer-or allow them to charge exceedingly high rates. I cannot continue to allow the use of taxpayer resources toward a lawsuit that could undermine the health security of the people of the state. Sincerel' "-" {-rff/r1 tony rvers Governor fi TE:sj Ë,xhibit 2 Office of the Governor r PO Box 7863, Madison,lli/d53707 $Aq 266-1212 { wwuevers.wj.gov Case 2019CV000084 Case Document 99 2019CV0003û2 Document Filed 02-22-2019 51 Filed 02-20-2019 Page 12 of 35 Page 10 of 10 STATE OF WISCONSIN DEPARTMENT OF JUSTICE Josh Kaul Attorney General 114 East, State Capiúol P.O. Box 7867 WI 63707-7867 608i266-1 221 TTY 1-800-9d?-S62e Madison, January 24,20\9 VIA HAND DELIVERY ',/The Honorable Alberta Darling Co-Chair, Joint Committee on Finance Room 31-7 East, State Capitol The Honorable John Nygren Co-Chair, Joint Committee on Finance Room 309 East, State Capitol Re: Request for authorization Dear Senator Darling and Representative Nygren: Pursuant to Wis. Stat. $ 16õ.08(1), I write to request authorization frorn the Joint Committee on n'inance to move to withdraw the State of W'isconsin from Texøs u. United Støtes, Case No. 2018-cv-00167-O (N.D. Tex.), and to move to withdraw the State of Wisconsin from the appeal of that case. I respectfully request that a vote on this matter be held promptly. If you have any questions about this request or would like further information, please 1et me know. Sincerely J. IA,L Joshua L. Kaul Attorney General of Wisconsin JLK:alm Exhibit 3 Case 2019CV000084 Case Document 99 2019CV000302 Document Filed 02-22-2019 48 Ëiled 02-20-20"19 Page 13 of 35 Page 1 of8 FILED a2-20-2A19 CIRCUIT COURT DANF COUNTY, WI STATE OF V/ISCONSIN CIRCUIT COURT BRANCH 8 DANE COUNTY 2019CV000302 SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU), LOCAL !, et al, Plaintiffi, Case V No. 19-CV-0302 ROBIN VOS, et al. Defendants AFFIDAYIT OF JOANNA RICHARD STATE OF WISCONSIN ) COUNTY OF DANE ) ss, ) JOANNA RICHARD, being first duly sworn on oath, deposes and 1. says: I am the Deputy Secretary of the'Wisconsin Department of Wolkforce 'Wisconsin. Development ("D'WD"), located in Madison, I have been serving in this capacity since January 8,2019. I also previously served as Depury Secretary from February of 2007 to November of 2010 and understand the cluties and responsibilities of this agency. I make this affidavit based on my personal knowledge and experience, after consultation with various DWD division leaders and staff. 2, DWD, typically called the state's labor department, has six divisions: Employment and Training; Equal Rights; Operations, Unemployment Insurance; Vocational Rehabilitation; and, 'Worker's Compensation. The divisions' activities can be summarized as follows: I EXHIBIT Ir ú o o c B Case 2019CV000084 Case t, Document 99 2019CV0003û2 Document Filed 02-22-2019 48 Filed 02-20-2019 Page 14 of 35 Page 2 of I Employment and Training (DET): The Division of Employment & Training develops and maíntains employment-focused programs that enable employers to hire and retain the workforce they ûeed and that provide individuals and families with services that enable them to achieve financial wellbeing as members of Wisconsin's workforce. It delivers services through public-private partnerships and a statewide network of Job Centers. lr. https://dwd.wisconsin,govldet/ Equal Rights (ERD): The Equal Rights Division administers laws prohibiting discrimination in employment, housing and public accommodations, and the state's famly and medical leave law, It enforces laws pertaining to minimum wage, overtime pay, timely payment of wages, employment of minors, and notification ofbusiness closings or mass layofß. https:/ldwd.wisconsin.govler/ c" Operations (DO): The Operations Division provides various administrative support setvices to the program divisions, including finance, budget, information technology, facilities and other operations that offer support to the divisions. https: / d. / dwd.wisconsin,gav I &o / Unemplopnent Insurance (UI): The Unemployment Insurance Division collects employer payroll taxes, pays benefits to eligible unemployed workers, adjudicates disputes, detects fraud; collects benefit overpayments, and administers the New Hire Reporting program. htçs / /dwd.wisco nsin, grsv / det/ : e. Yocational Rehabititation (D\IR): The Division of Vocational Rehabilitation is for people with disabilities by working with VR consumers, employers, and other partners. https: / /dwd.wiseeinsi n.gav / dvr 2 I Case 2019CV000084 Case Document 99 2019CVû0t302 f. Document 48 Filed 02-22-2019 Filed û2-20-2019 Page 15 of 35 Page 3 of I Worker's Compensation ('WC): The Worker's Compensation Division ensures the prompt payment of benefits by private insurance companies and self-insured employers to workers who sustain work-related injuries or.illnesses, resolves appeals regarding claims, https : / /dwd,wisconsin . gov I w e 3. / Ï am familiar with Act 369's guidance documentrequirements, including the requirements to add citations to statutes and rules to each guidance document, to submit all guidance documents to the Legislative Reference Bureau ("LR-B"), to post all guidance documents on the agency website and invite public comment, and to append to each guidance document a required statement, signed by the Secretary. These requirements are impractical and will be highly disruptive to DWD meefing the needs of V/isconsin's most vulnerable citizens, As the state's labor depafment, administering federal and state laws, guidance documents are used in a variety of ways to communicate with the public regarding: compliance with forms; electronic filings; on-going weekly claims; financial and medical documentation for worker's compensation claims; eligibiliry determinations; financial processing and reimbursements for clients, vendors, service providers, and employers; to name just a few, With dozens of programs and subprogtams within the six divisions, the number of documents needing to be reviewed, stored in one location, and h'acked for on-going public comment necessitates an entire level of professional staffto comply with this new process, 4. Although the definition of "guidance document" in Act369 is ambiguous and potentially extremely broad, even using a conservative interpretation of the term, DWD 3 Case 2019CV000084 Case Document 99 ZCI19CV000302 Document 48 Filed 02-22-2019 Page 16 of 35 Filed 02-20-20'19 Page 4 of I estimates that thousands of agency documents and website instructions fall under this definition. 5. Just within the Division of Vocational Rehabilitation it is estimated that nearly 200 documents must be put through this new review and apptoval process, many of which are compliance documents and FAQs relating to federal guidelines and defïnitions. Howevet, DVR appears to be the least affected, with numbers ranging from 300 guidance documents in our Operations Division to over 72,000guidance documents in Worker's Compensation. The estimated DWD staffneeded to comply with the guidance document provisions in Act 369 is upwards of nearly a dozennew staffto implement, in addition to nearly a hundred more existing staffneeded to maintain and update the many documents, 6. Other tasks will be delayed, special dedicated positions will have to be established to manage the new requirements and special scanning machines with an eleclronic index will have to be purchased to track and reconcile the documents that fall under this new process. 7. Since many of the guidance documents are electronic, the maintenance of a separate web location will necessitate additional and costly IT programming to ensure that relevant documents are linked to the more consumer friendiy pages contained within the specific program website locations. 8. DWD is also very concerned that under the provisions of Act 369, the Legislature, its committees, or the LRB could remove or suspend rules or guidance documents without any replacement to assist members of the public. Documenfs, including consumel guides, formula distribution methods, and handbooks are common tools to inform the public and partner agency for how to comply wíth programs to anticipate 4 Case 2019CV000084 Case Document 99 2019CV000302 Document 48 Filed 02-22-2019 Filed CI2-20-2019 Page 17 of 35 Page 5 of I formula funding, such as federal grant funds. These documents arcvpdated periodically for a variery of reàsons, including recent lega1 interpretations, legal cases, inflation, census changes, unemployment rates, major employer dislocations, and the like. L For example, D'WD distributes Title I funds, based on United States Department of Labor (USDOL) guidance, to the eleven workforce development boards spread throughout the state. The funds are distributed based on population and other recent labor market factors. The Department issues these funds and notices the new formula through a memo to the Board leaders. D\MD believes that this effort would be considered guidance. DWD is concemed that under provisions in Act 369, the funding formulas could be negated and suspended causing the workforce system to come 10. aha\tand funds befuozen, For another example, with the recent federal government shutdown, UI issued communications on UI eligibility for federal employees, distinguishing between federal employees who were furloughed and those reporting hours but not being paid. See https:/ /dwd,wisconsin.gov/clwd/newsreleases/2A19/I90114*assisting*fed-employees,htm DWD believes that this mere communication would be considered guidance andwould have hacl to comply with the 2I day wait period had the guidance document law been in effect at the time, delaying this much needed information to the public, 11. Additionally, if the definition of guidance document were interpreted, it could be read to extend to intemal documents used by staff, Administrative Law Judges, 'When including these and others to train and insfruct staffon pïog¡am cclmpliance, documents, this new guidance document process would deter DWD from its core mission of assisting workers and employers and cause immense pressure on professional staff for duties and assignments not currently anticipated 5 Case 2019CV000084 Document 99 Case 2û19CV00CI302 Document 12, 4B Filed 02-22-2019 Filed 02-20-2019 Page 18 of 35 Page 6 of I ïn addition to the thousands of guidance documents that will be impacted by the submission, posting and comment requirements in Act 369, D'WD estimates at least thousands of publications will need updating with citations to $tatutes and rules to comply with Act 369. 13. This would include vital forms such as UI handbooks, videos, FAQs, instructions on how to register on Job Center of Wisconsin, Top 10 Things You Should I(now, What Teachers and Schclol Employees Should Know, among many others, https: / / dwd.wisconsin 14. ,gov See: / uiben/ These and other documents are also available in other languages such as Spanish and Hmong in addition to a language line that can be called for other languages. 15. Additionally, when the USDOL extends benefits during a recession, UI must act quickly to implement the extended benefits for claimants and delays due to guidance document review may result in delay in benefits to families aheady in economic distress, 16. Other DWD programs, such as those found in ERD requile timeliness of ftling for those seeking redress for an employment law. An individual has 300 days from the incident and any delays in the filing due to alack of form may impact those seeking redress. 17. DWD receives much of its funding from federal programs and with the requirements that administrative overhead be kept to a small portion of the overall federal funds, the new guidance document review requirement will either detract from the core mission prescribed by those federal parfners or necessitate a diminishing of supervision needed to comply with federal guidelines and performance targets which could result in of federal funds and resources, 6 loss Case 2019CV000084 Case Document 99 2019CV000302 18. Document 48 Filed 02-22-2019 Filed 02-20-2û19 Page 19 of 35 Page 7 of I For example, under the Workforce Innovation and Opporfunities Act, a federal ptoglarn, DWD receives funding for Title I and Title cap the administrative portion of funds at 70%, III of that act. Both programs With flat federal funds and rising costs of overhead costs, these targets are difficult to meet. However, with this addedburden, DWD will be hard pressed to meet those targets and meet the new requirements by the Legislature, especially as the new requirements would impact IT, operations, and personnel. 19. Additionally, Unemployment Insurance must meet USDOL timeliness targets for UI claims and failure to meet those claims, adjudications and appeals resolution may result in corrective actions imposed upon the agency and may result in fÌnancial penalties. 20. DWD believes Act 369's requirement that the Department of Justice ("DOJ") seek approval from the Legislature's Joint Committee on Finance (or others) before settling certain cases could negatively impact DWD as well. 2t. The types of cases that DOJ typicatly represents DWD in include personnel issues that have been litigated and appealed, Before Act369, the decision to settle such a case typically rests with the agency with consultation from the DOJ. Settlement funds come from a pooled risk management fund and the agencies are responsible for their portion of the risk management fees, As many of these are pelsonnel matters and have tight deadlines, seeking approval is problematic. forcing further litigation of A decision to reject the settlement desired by the agency, the issue may result in even gÍeater financial risk to the agency and additional internal resources to be tappecl into the future and further litigation and uncertainty for D'WD. 7 Case 2019CV000084 Case Document 99 2019CV000302 22. Document Filed 02-22-2019 48 Filed Page 20 of 35 02-20-2019 Page I of B I submit this affidavit in support of Defendant Gov, Tony EveÍs'Response to Plaintiffs Motion for Temporary Restraining order and Temporary Injunction. rlllI \: *: t^ K, J ,;'çOTAf¡ -CCûÞ ".. :* JoAnna Richard þunutg W ,tflt Subscribed and sworn to before me this day of February zAW, 1?9 {€ Notary ofW tsconsln My Commission Expires: ( -{ Notary Public, State of W My Commission Expires: ¿õ, (/BLIC W¡SE ,l¡¡tttll I J Case 2019CV000084 Document 99 Filed 02-22-2019 Page 32 of 35 ñ!u!B sf ruiØErrrrxin 2017 Senate Joint Resolution 1 ENROLLED JOINT RESOLUTION Relating to: the session schedule for the 2017-2018 biennial session period. Resolved by the senøte, the assembly concurring, That: 2017-2018 session schedule. (1) BmNNIAL sEssIoN pERIoD. The legislature Sncno¡l declares that the biennial session period of the 2017 Wisconsin legislature began on Tuesday, January 3,2017 , and that the biennial session period ends at noon on Monday, January 7 ,2019. (2) Buocnr DEADLINE EXTENDED. The deadline of Tuesday, January 31,2017 , set by section 16.45 of the statutes for introduction of the executive budget bill or bills, submittal of the state budget report, and delivery of the governor's budget message, is extended to Wednesday, February 8,2017. (3) ScnBouLED FLooRpERroDS AND coMMrrrEE woRK pERroDs. (a) Unreserved days. Unless reserved under this subsection as a day to conduct an organizational meeting or to be part of a scheduled floorperiod ofthe legislature, every day ofthe biennial session period is designated as a l. day for committee activity and is available to extend a scheduled floorperiod, convene an extraordinary session, or take senate action on appointments as permitted by joint rule 81. (b) Inauguration. Pursuant to section 13.02 (l) of the statutes, the inauguration of the members of the 2017 legislature, and the organizing for business of the 2 houses, commences at 2 p.m. on Tuesday, January 3,2017. (c) Floorperiod. A floorperiod commences on Tuesday, January I0,2017 , at 10 a.m., and ends on January I0,2017. (d) Floorperiod. A floorperiodcommences on Tuesday, January 17,20L7, at 10 a.m., and, unless adjourned earlie¡ ends on Thursday, January 19,2017. (e) Floorperiod. A floorperiod commences on Tuesday, February 7,2017, at 10 a.m., and ends on Thursday, February 9,2017. ! ô ô c F Case 2019CV000084 Document 99 2017 Senate Joint Resolution Filed 02-22-2019 I Page 33 of 35 -L- ô (þ Floorperiod. A floorperiod commences on Tuesday, March 7,2017, at 10 a.m., and, unless adjourned earlier, ends on Thursday, March 9,2017 . (g) Floorperiod. A floorperiod commences on Tuesday, March 28, 2017, at 10 a.m., and, unless adjourned earlier, ends on Thursday, April6,2017 . (h) Bills to governor No later than Thursday, April 20,2017 , at 4:30 p.m., the chief clerk of each house shall submit to the governor for executive action thereon all enrolled bills originating in the chiefclerk's house and having been passed by both houses, in regular, extraordinary, or special session, on or before Thursday, April 6,2017 . (i) Floorperiod. A floorperiod commences on Tuesday, May 2,2017, at 10 a.m., and, unless adjourned earlier, ends on Thursday, M.ay II,2017. Q) Floorperiod. A floorperiod commences on Tuesday, June 6,2017, at 10 a.m., and, unless adjourned earlier, ends on Friday, June 30, 2017,but this floorperiod may not be adjourned until the general fund executive budget bill has been passed by both houses. (k) Nonbudget bills to governor No later than Thursday, August 3,20L7 , at 4:30 p.m., the chief clerk of each house shall submit to the governor for executive action thereon all enrolled bills, except the general fund executive budget bill, originating in the chief clerk's house and having been passed by both houses, in regular, extraordinary, or special session, on or before Friday, July 28, 2017. (L) Budgetbitttogovernor. NolaterthanthelaterofThursday,August3,20lT,at4:30p.m., or 4:30 p.m. on the 4th Thursday after the general fund executive budget bill is passed by both houses in identical form, the chief clerk of each house shall submit to the governor for executive action thereon any enrolled general fund executive budget bill originating in the chief clerk's house and having been passed by both houses, in regular, extraordinary, or special session. (m) Floorperiod. A floorperiod commences on Tuesday, September 12,2017, at 10 a.m., and, unless adjourned earlier, ends on Thursday, September 21,2017 . (n) Floorperiod. A floorperiod commences on Tuesday, October 10,2017, at 10 a.m., and, unless adjourned earlier, ends on Thursday, October 12,2017 . (o) Floorperiod. A floorperiod commences on Tuesday, October 31,2011, at 10 a.m., and, unless adjourned earlier, ends on Thursday, November 9,2017. (p) Bills to governor. No later than Thursday, Decemb er 7 , 2017 , af 4:30 p.m., the chief clerk of each house shall submit to the governor for executive action thereon all enrolled bills originating in the chiefclerk's house and having been passed by both houses, in regular, extraordinary, or special session, on or before Thursday, November 9,2017 . (q) Floorperiod, A floorperiod commences on Tuesday, January 16,2018, at 10 a.m., and, unless adjourned earlier, ends on Thursday, January 25,2018. (r) Floorperiod. A floorperiod commences on Tuesday, February 13,2018, at 10 a.m., and, unless adjourned earlier, ends on Thursday, February 22,2018. (s) Last general-business floorperiod. The last general-business floorperiod commences on Tuesday, March 13,2018, at 10 a.m., and, unless adjourned earlier, ends on Thursday, ll4:arch22, 2018. (t) Bills to governor No later than Thursday, April 12,2018, at 4:30 p.m., the chief clerk of governor each house shall submit to the for executive action thereon all enrolled bills originating in the chiefclerk's house and having been passed by both houses, in regular, extraordinary, or special session, on or before Thursday, March 22,2018. (u) Limited-business floorperiod. A floorperiod commences on Tuesday, April 17,2018, at 10 a.m., and, unless adjourned earlier, ends on Thursday, April 19, 2018, which is limited to matters Case 2019CV000084 Document 99 2017 Senate Joint Resolution Filed 02-22-2019 Page 34 of 35 -3- I allowed under joint rule 8lm (2) and to considering resolutions offered for the purpose of extending the commendations, condolences, or congratulations of the legislature to a particular person, group, or organization, or ofrecognizing a particular event or occasion. (v) Bills to governor, No later than Thursday, April 26,2018, at 4:30 p.m., the chief clerk of each house shall submit to the governor for executive action thereon all enrolled bills originating in the chief clerk's house and having been passed by both houses, in regular, extraordinary, or special session, on or before Thursday, April 19, 2018. (w) Veto review floorperiod. A floorperiod, limited to matters allowed under joint rule 82 (1m), commences on Tuesday, May 8, 2018, at 10 a.m., and, unless adjourned earlier, ends on Wednesday, May 9,2018. (x) Bills to governor No later than Wednesday, May 23,2018, at 4:30 p.m., the chief clerk of each house shall submit to the governor for executive action thereon all enrolled bills originating in the chiefclerk's house and having been passed by both houses, in regular, extraordinary, or special session, on or before Wednesday, May 9,2018. (4) Ixrnnna pERIoD oF coMMITTEE woRK. Upon the adjournment of the last general-business floorperiod, there shall be an interim period of committee work ending on Monday, January 7 ,2019. (5) Srncnt- AND EXTRAoRDTNARv snssroNs. (a) Adjournment. Except for consideration of executivs vetoes or partial vetoes, a motion adopted in each house to adjourn a special or extraordinary session pursuant to this joint resolution shall constitute final adjournment of the special or extraordinary session. (b) Bills to governor. No later than 4:30 p.m. on the flrst Thursday occuring 2 full weeks after the day a bill is passed by both houses in identical form after May 9, 2018, in special or extraordinary session, the chief clerk of the house in which it originated shall submit it to the governor for executive action thereon. (c) Veto review. A special or extraordinary session shall reconvene upon a call of a majority of the members of the joint committee on legislative organization solely for the consideration of executive vetoes or partial vetoes if an enrolled bill passed by both houses during the special or extraordinary session was vetoed or partially vetoed. (6) ENo oF TERM. The biennial term of the 20L7 legislature ends on Monday, January 7 , 2019. Pursuant to section 13.02 (1) of the statutes, the inauguration of the members of the 2019legislature will be on Monday, January 7,2019. Sncrro¡.1 2. Notice of 2019 session organization. Notice is hereby given that the biennial session of the 2019 legislature will hold its flrst meeting, pursuant to section 13.02 (l) of the statutes, on Monday, January 7,2019, and that the meeting will begin ar"2p.m. Representative Robin J. Vos Speaker of the Assembly Date Senator Roger Roth President of the Senate Jeffrey Renk Senate Chief Clerk Case 2019CV000084 Document 99 Filed 02-22-2019 â cf Õ d l¡ - NULES OF THE ,{SSEMBLY 100, a quonrm is 51; the quorum is 6.) in a Committee, if the n:embership is 11, ä (64) Rncuss-the temporary suspension of business during a given legíslative day. Á. recess within a given legislative day may be for a speciûed period or may await the call of the Presiding Ð (65) Rncono-â term referring to the official books of the ,{ssembly into which are copied all of the ofÏìcial âctions which are re- Ð corded on the jackets of any proposals; Committees also keep a 'tecord" of ali Public I{earings and Executive Action. By custom, Members often requesi that the'Record" show or that they be "recorded" in a certain way; such requests, if approved, are not entered into the Record Book itself but are made note of in the Officer. Ð Ð Ð *l Ëil Joumal. (66) RncousrDERATroN-a motion to ask the Members íf they wish to alter their original determination of a question. (87) Rnculan oRDER oF BusrNrss-the established sequence of deliberation set up for each legislative day. (68) Rrculen ssssroN-the Biennial Session of the Legislature established by ConstituHon to com¡nence at 12:00 noon on the 2nd Wednesclay in ]anuary in each odd-nr¡mbereð. year, to continue until sine die adjournment of such Session, By popular usage the terrn "session" is often used to refer to the rlaiiy sitting of"S"rsion" of &e Legislature. (69) Ru¡rc'rroN-an action by whích a motion, simple resolution or joint resolution is adversely disposed of in the House of origin for that Session of the Legislature, Ð Ð *l Ð (70) Rrruenr TNFoRMÂrr-a term referring to that sihration in whÍch the Assembly does not recess or adjourn, but suspends its deliberations for indeteminate periods of time, Ths term is usually used to refer to a period of time when tl-¡e Àssernbly awaits a message from the Senate, or such periods of tíme required to fulffll tlie formalities of bringing the two Hou.ses together in Joint Convention. (71) Rrscw>ân âction by whÍch the Assembly cancels out or withdraws its action on speciffecl stages of a proposal to enable consideration of a proposal from a given stage. Such motion is not used when the motíon to reconsider could accorrplish an identical purpose, The motion to rescínd may be made when the motion to reconsider is exhausted; but it requires a two-thirds A-45 Page 35 of 35