4/24/2020

Mail - Dylan Winters - Outlook

From: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Sent: Thursday, April 23, 2020 9:16 PM
To: AO Records <records@americanoversight.org>
Subject: [Ext]records request fulfillment - 1 of 4

 

Please see the attached letter regarding a records request you submitted on April 10.
This is the first of four (4) emails.
Thank you,
Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
13th Senate District
(608) 266-5660

AMEHICAN

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https://outlook.office365.com/mail/inbox/id/AAQkAGJmZjIxNGNhLTM3ZDAtNDFkNy1hZjNjLTVhN2Y1ODc1NWFkNAAQAO29s7ngFUSog1RbU%2FTTNkg…

1/1

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Friday, April 10, 2020 12:40 PM
Ottman, Tad
WHA reporting language

153.23 is created to read:
153.23 Public health emergency dashboard. During a state of emergency or public health emergency declared
by the governor or a declared emergency under the Stafford Act or National Emergencies Act or a public health
emergency under Section 319 of the Public Health Services Act, the entity under contract under s.
153.05(2m)(a) shall prepare and publish a public health emergency dashboard using healthcare emergency
preparedness program infonnation collected by the state from acute care hospitals. The published dashboards
shall include information to assist emergency response planning activities. The entity and the department shall
enter a data use agreement and mutually agree to the healthcare emergency preparedness program information
the department will provide to the entity, the information the entity will include in the dashboard, any
publication schedule, and any other tenns deemed necessary by the parties.

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
!3th Senate District
(608) 266-5660

AM[ HICAN

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2

WI-SEN-20-0888-A-000001

 Romportl, Dan
From:
Sent:
To:

Cc:
Subject:

Romportl, Dan
Friday, April 10, 2020 12:25 PM
Renk, Jeff; Gillitzer, Erin
Karius, Bob
skeletal today

At 11:39am, Senator Fitzgerald convened and promptly adjourned the January 2020 Special Session until Tuesday, April

14.

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
13th Senate Djstrict
(608) 266-5660

AM[ HICAN

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3

WI-SEN-20-0888-A-000002

 Romportl, Dan
Romportl, Dan
Friday, April 10, 2020 8:49 AM
Blazel, Ted
RE:Question

From:

Sent:
To:

Subject:

Yeah I think he will be in.
If you can't find a spot, I can have him park at the GOP office a few blocks away and give him a ride in, but then I would
need a spot. So I guess if you can find one spot, that would be helpful.
Thanks
From: Blazel, Ted <Ted.Blazel@legis.wisconsin.gov>

Sent: Friday, April 10, 2020 8:41 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: Question

Dan,
Is your boss going
the MLK Drive for
relocating him. If
Walgreens. Most

to be in on Monday? I only ask because DOA needs to move all those who park on the circle park of
Monday in order to bring in a crane. If he wasn't planning on being in I wouldn't worry about
he is I will find a spot on the drive somewhere as Capitol Police were putting him out by
senators have not been in so I think I can find a spot on the drive for him.

Ted

AM~ HICA\J

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WI-SEN-20-0888-A-000003

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Thursday, April 09, 2020 2:37 PM
Zimmerman, Alec; Ottman, Tad; Liedl, Kimber; Huebsch, Ryan; Gehl, Patrick; Foltz, Adam;
Augustyn, Jessie
RE: Unemployment

Has anyone gotten back to Mr. Dachs yet? Just so we aren't duplicating efforts ...
We just need his contact info and an acknowledgement that we got this .
Thanks,
Dan
From: rdachs@yahoo .com <rdachs@yahoo .com>

Sent: Thursday, April 09, 2020 10:24 AM
To: Sen.Fitzgerald <Sen.Fitzgerald@legis.wisconsin.gov>
Cc:Zimmerman, Alec <Alec.Zimmerman@legis.wisconsin.gov>; Romportl, Dan <Dan .Romportl@legis.wisconsin .gov>;
Ottman, Tad <Tad.Ottman@legis .wisconsin.gov>; Lied!, Kimber <Kimberly.Liedl@legis.wisconsin.gov>; Huebsch, Ryan
<Ryan.Huebsch@legis .wisconsin.gov>; Gehl, Patrick <Patrick.Gehl@legis.wisconsin.gov>; Foltz, Adam
<Adam.Foltz@legis.wisconsin.gov>; Augustyn, Jessie <Jessie.Augustyn@legis.w isconsin .gov>
Subject: Unemployment
Importance: High

Dear Mr. Fitzgerald,
I am among the many unemployed at the moment. I have filed for unemployment. It show $370/week. News reports
of a federal disaster relief of an additional $GOO/weekwas reported a coup le weeks ago.

I cannot find how to obtain this? Like many is this a lifeline, mortgage, retirement, and potentially healthcare are at
risk. My wife is an M .A. healthcare worker. If because of the virus shae becomes unable to work, it will be complete
disaster for us.
Can you help provide the details on how to apply for this relief. I'm concerned for our bills which will eventually go
NSF? Please help.
About me, I have only been on unemployment 2x in past, 1982, and a week in 2009. Never been in this kind of
situation . Again please HELP!
Sincerely,

Ron Dachs
Cell 414/840-6232
Dachsr7@gmail.com or rdachs@yahoo.com

AM[ HICAN

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WI-SEN-20-0888-A-000004

 Romportl, Dan
From:
Sent:
To:
Subject:

Romportl, Dan
Thursday, April 09, 2020 2:30 PM
Augustyn, Jessie
FW: Open Records Request

From: Liedl, Kimber <Kimberly.Liedl@legis.wisconsin.gov>
Sent: Wednesday, April 08, 2020 7:56 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: FW: Open Records Request
Do you want me to gather the emails from folks and then send it in or do you want to do that? I do have some emails
that are responsive to this ORR

From: Gehl, Patrick
Sent: Wednesday, April 08, 2020 4:31 PM
To: Romportl, Dan; Liedl, Kimber
Subject: FW: Open Records Request

From: David Armiak <david@prwatch.org>
Sent: Wednesday, April 8, 2020 4:27 PM
To: Sen.Fitzgerald <Sen.Fitzgerald@legis.wisconsin .gov>
Subject: Open Records Request

Dear Senator Fitzgerald,
Pursuant to Wisconsin's open records law , I request access to and a copy of all records that pertain to the
Wisconsin Institute of Law & Liberty (WILL), including the following WILL employees:
•
•
•
•
•
•
•
•

Rick Esenberg
CJ Szafir
Luke Berg
Will Flanders
Anthony LoCoco
Don Daugherty
Brian McGrath
Mike Fischer

The scope of this request includes the Senator and his staff. The scope of this request should include but is not
limited to emails, attachments, both sent and received , all draft records, briefing books , memos , notes, minutes,
scheduling records, text messages, other correspondence (internal and external) and all other records.
The search for records may be limited to those sent and received between January 1, 2020 and the date of your
final response.
6

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WI-SEN-20-0888-A-000005

 Please note that this request includes all emails sent and received on official state email accounts, as well as any
other private email accounts or applications, such as Dropbox, GoogleDocs, ALEC Connect , or the Briefing
Room, that have been used for official business. This request also includes any and all records available through
a web hyperlink. Note: once viewed online, downloaded, printed, or otherwise in your possession, these
materials become a public document subject to state public records law.
I request that these records be provided in electronic fonn in their native format. The Center for Media &
Democracy is a non-profit public-interest organization, and the disclosure of the materials requested here would
be in the public interest, greatly benefiting public understanding of the workings of government. As such a
waiver of any fees is requested. If the waiver is not granted , we agree to pay any reasonable copying and
postage fees of not more than $20.

If the cost would be greater than this amount, please notify us. Please provide a receipt indicating the charges
for each document.

If you choose to deny this request in whole or part, please provide a written explanation for the denial including
a reference to the specific statutory exemption(s). As allowed by Wisconsin law, please provide all portions of
releasable material, even if there is redacted material on the page or record.
Lastly, please acknowledge receipt of this message.
All the best,
David Armiak
Research Director
The Center for Media and Democracy
520 University Ave, Suite 305
Madison, WI 53703
david@prwatch.org
608-229-6801
EXPOSEDbyCMD.org

AM~ HICAt\J

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WI-SEN-20-0888-A-000006

 Romportl, Dan
Romportl, Dan
Thursday, April 09, 2020 2:26 PM
Ottman, Tad; Smith, Heather
FW:Senator Jacque Questions on Draft COVID Response Package

From:
Sent:
To:
Subject:

FYI- Andre's thing (again)
Jenny was cc'd on the email below
From: Koles, Michael - Other <mike.koles@wisctowns.com>
Sent: Thursday, April 09, 2020 2:23 PM
To: Jacque, Andre <Andre.Jacque@legis.wisconsin.gov>; Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Cc:Jolene Plautz <jplautz@aol.com>; Jerry Derr <ghderr@frontier.com>; Toftness, Jenny
<Jenny.Toftness@legis.wisconsin.gov>
Subject: RE:Senator Jacque Questions on Draft COVID Response Package

Dan:
We have received hundreds of phone calls on both of these issues. April 21st is the annual town meeting and we'd
prefer not to have thousands of town electors in town halls throughout Wisconsin on April 21st, The BORmust be held
between April 25 and June 10. This is a full blown hearing with a sizable board, testimony (sometimes hours), etc. It can
be immediately adjourned until a later date so long as it occurs by mid-September when taxes must be developed. The
problem is that even if you are going to simply meet to adjourn that you still have to have the BOR physically there and
the public that wants to testify needs to be in attendance as well. We feel there is no reason to get a bunch of people
together and then just adjourn until the summer. Given the LC opinion below, we are very much in need of including
these in the deadline extension language and are hopeful you can work with Senator Jacque and Speaker Vos to
accomplish this.
Mike
Mike Koles
Wisconsin Towns Association
Executive Director
W7686 County Road MMM
Shawano, WI 54166
715-526-3157
From: Jacque, Andre (mailto:Andre.Jacque@legis.wisconsin .gov]
Sent: Thursday, April 9, 2020 1:52 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: FW: Senator Jacque Questions on Draft COVID Response Package
DanPlease see below. It doesn't appear that annual town meetings or boards of review are covered in the previous draft
you sent. Hoping we can fix this right away.
Thanks,

/-..

t\j

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8

WI-SEN-20-0888-A-000007

 Andre

From:Letzing, Rachel <Rachel.Letzing@legis.wisconsin.gov>
Sent: Thursday, April 9, 2020 11:40 AM
To: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>
Subject: RE: Senator Jacque Questions on Draft COVID Response Package
Hi again Nik, I think this is the section of the draft package you noted:

Specify that a state or local governmental unit, during an emergency period , may suspend any deadline associated
with a program or action that the state or local governmental unit administers or enforces. Define "emergency
period" as the period covered by a public health emergency plus 30 days after the end of the emergency. Define
"deadline" to mean any date certain by which, or any limitation as to time within which, an action or event is
required to occur. Specify that a state or local governmental unit may not charge any interest or penalties that would
otherwise apply with respect to the suspended deadlines. Specify that during an emergency period, a state or local
unit of government may suspend any training requirements that are associated with programs the state or local unit
of government administers or enforces. The provision would first apply to deadlines or training requirements during
a public health emergency declared on March 12, 2020, by executive order #72, including any extensions.
Based on this general language, it appears it is intended to address programs a local government administers and
enforces, not necessarily meetings that are required by statute to be held at certain times or in certain time periods. I
don't think a local government "action" would likely include a meeting under this wording, either. In order to ensure
that annual town meetings and board of review meetings are covered, I would suggest specifying that in the draft if you
have a chance. Have you discussed this language with the WI Towns Association?
Feel free to give me a call if that would be helpful - 504-5719.
Rachel

From: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>
Sent: Thursday, April 09, 2020 10:54 AM
To: Letzing, Rachel <Rachel.Letzing@legis.wisconsin.gov>
Subject: RE: Senator Jacque Questions on Draft COVID Response Package
Good morning Rachel, I just wanted to follow up on my boss's question regarding the LFBsummary for a proposed
COVIDresponse package. Can you help us compare the section we highlighted to my boss's bill to see if they are similar
or how they differ? Again, I am also happy to work with another attorney that might better suited with their areas of
specialty if you're are not the right person for me to be reaching out to?
-Nik

Nik Rettinger III
f-\

VI

I

II'-,,

PVERSIGHT

9

WI-SEN-20-0888-A-000008

 Chief of Staff
Office of Senator Andre Jacque
1st Senate District
608-266-3512
From: Rettinger, Nik

Sent: Tuesday, April 7, 2020 10:42 AM
To: Letzing, Rachel <Rachel.Letzing@legis.wisconsin.gov>
Subject: RE: Senator Jacque Questions on Draft COVID Response Package
Rachel, I forgot to include the legislation we introduced as a reference to see if the draft package language accomplishes
what my boss would like to see done: https://docs .legis.wisconsin.gov/2019/proposals/sb912

-Nik

Nik Rettinger Ill
Chief of Staff
Office of Senat or Andre Jacque
1st Senat e District
608-266-3512
From: Rettinger, Nik

Sent: Tuesday, April 7, 2020 10:31 AM
To: Letzing, Rachel <Rachel.Letzing@legis.wisconsin.gov>
Subject: Senator Jacque Questions on Draft COVID Response Package
Rachel,
I think you might be right person to start with, but if not I'd be happy to talk with the attorney you'd recommend. My
boss had some questions regarding the draft COVID response package the senate is putting together and wanted to
make sure that it does address the concerns of folks and groups in the district.
From my boss:
Governmental Deadlines and Training Requirements (General Provisions #1)
Need to check with leg council to make sure that this would apply to annual town meeting and Board of Review meeting
requirements.
Can you look into this? I believe page 6 is where the section my boss is referencing is. My boss recently introduced a bill
to get this done and want to make sure that the language being included in the bill actually does this.
Thanks!
-Nik

Nik Rettinger III
Chief of Staff
Office of Senator Andre Jacque
1st Senate District
608-266-3512

AM~ HICAt\J

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10

WI-SEN-20-0888-A-000009

 Romportl, Dan
From:
Sent:
To:

Cc:
Subject:

Romportl, Dan
Thursday, April 09, 2020 2:26 PM
Koles, Michael - Other; Jacque, Andre
Jolene Plautz; Jerry Derr; Toftness, Jenny
RE:Senator Jacque Questions on Draft COVID Response Package

Thanks, Mike, I've been talking to Senator Jacque about this and will share with the rest of the team that's working on
the bill.
-Dan

From: Koles, Michael - Other <mike.koles@wisctowns.com>
Sent: Thursday, April 09, 2020 2:23 PM
To: Jacque, Andre <Andre.Jacque@legis.wisconsin .gov>; Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>

Cc:Jolene Plautz <jplautz@aol .com> ; Jerry Derr <ghderr@frontier.com>; Toftness, Jenny
<Jenny. Toftness@legis .wisconsi n.gov>
Subject: RE:Senator Jacque Questions on Draft COVID Response Package
Dan:
We have received hundreds of phone calls on both of these issues. April 21st is the annual town meeting and we'd
prefer not to have thousands of town electors in town halls throughout Wisconsin on April 21st • The BOR must be held
between April 25 and June 10. This is a full blown hearing with a sizable board, testimony (sometimes hours), etc. It can
be immediately adjourned until a later date so long as it occurs by mid -September when taxes must be developed. The
problem is that even if you are going to simply meet to adjourn that you still have to have the BOR physically there and
the public that wants to testify needs to be in attendance as well. We feel there is no reason to get a bunch of people
together and then just adjourn until the summer. Given the LC opin ion below, we are very much in need of including
these in the deadline extension language and are hopeful you can work with Senator Jacque and Speaker Vos to
accomplish this .
Mike
Mike Koles
Wisconsin Towns Association
Executive Director
W7686 County Road MMM
Shawano, WI 54166
715-526-3157

From: Jacque, Andre [mailto:Andre.Jacgue@legis .wisconsin.gov]
Sent: Thursday, April 9, 2020 1:52 PM
To: Romportl, Dan <Dan.Romportl@leg is.wisconsin .gov>
Subject: FW: Senator Jacque Questions on Draft COVID Response Package

DanPleasesee below. It doesn't appear that annual town meetingsor boardsof review are covered in the previousdraft
you sent. Hopingwe can fix this right away.

AM[ HICAN

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11

WI-SEN-20-0888-A-000010

 Thanks,
Andre

From: Letzing, Rachel <Rachel.Letzing@legis.wisconsin.gov>
Sent: Thursday, April 9, 2020 11:40 AM
To: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>
Subject: RE:Senator Jacque Questions on Draft COVID Response Package
Hi again Nik, I think this is the section of the draft package you noted:

Specify that a state or local governmental unit, during an emergency period, may suspend any deadline associated
with a program or action that the state or local governmental unit administers or enforces. Define 11emergency
period" as the period covered by a public health emergency plus 30 days after the end of the emergency. Define
"deadline" to mean any date certain by which, or any limitation as to time within which, an action or event is
required to occur. Specify that a state or local governmental unit may not charge any interest or penalties that would
otherwise apply with respect to the suspended deadlines. Specify that during an emergency period, a state or local
unit of government may suspend any training requirements that are associated with programs the state or local unit
of government administers or enforces. The provision would first apply to deadlines or training requirements during
a public health emergency declared on March 12, 2020, by executive order #72, including any extensions.
Based on this general language, it appears it is intended to address programs a local government administers and
enforces, not necessarily meetings that are required by statute to be held at certain times or in certain time periods. I
don't think a local government "action" would likely include a meeting under this wording, either. In order to ensure
that annual town meetings and board of review meetings are covered, I would suggest specifying that in the draft if you
have a chance. Have you discussed this language with the WI Towns Association?
Feel free to give me a call if that would be helpful - 504-5719.
Rachel

From: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>
Sent: Thursday, April 09, 2020 10:54 AM
To: Letzing, Rachel <Rachel.Letzing@legis.wisconsin .gov>
Subject: RE:Senator Jacque Questions on Draft COVID Response Package
Good morning Rachel, I just wanted to follow up on my boss's question regarding the LFBsummary for a proposed
COVID response package. Can you help us compare the section we highlighted to my boss's bill to see if they are similar
or how they differ? Again, I am also happy to work with another attorney that might better suited with their areas of
specialty if you're are not the right person for me to be reaching out to?
-Nik

AM~ HICAt\J

PVERSIGHT

12

WI-SEN-20-0888-A-000011

 Nik Rettinger Ill
ChiefofStaff
Office of Senat or Andre Jacqu e
1st Sen ate District

608 -266-3512
From: Rettinger, Nik

Sent: Tuesday, April 7, 2020 10:42 AM
To: letzing, Rachel <Rachel.Letzing@legis.wisconsin .gov>
Subject: RE:Senator Jacque Questions on Draft COVID Response Package

Rachel, I forgot to include the legislation we introduced as a reference to see if the draft package language accomplishes
what my boss would like to see done: https://docs.legis.wisconsin.gov/2019/proposals/sb912
-Nik

Nik Rettinger III
Chief of Staff
Office of Senato r Andr e Jacqu e
p t Senate District

608-266 -3512
From: Rettinger, Nik

Sent: Tuesday, April 7, 2020 10:31 AM
To: Letzing, Rachel <Rachel.Letzing@legis.wisconsin .gov>
Subject: Senator Jacque Questions on Draft COVID Response Package

Rachel,

I think you might be right person to start with, but if not I'd be happy to talk with the attorney you'd recommend. My
boss had some questions regarding the draft COVID response package the senate is putting together and wanted to
make sure that it does address the concerns of folks and groups in the district.
From my boss:
Governmental Deadlines and Training Requirements (General Provisions #1)
Need to check with leg council to make sure that this would apply to annual town meeting and Board of Review meeting
requirements.
Can you look into this? I believe page 6 is where the section my boss is referencing is. My boss recently introduced a bill
to get this done and want to make sure that the language being included in the bill actually does this.
Thanks I
-Nik

Nik Rettinger III
Chief of Staff
Office of Senator Andre Jacque
1st Senate District

608-266-3512

AM~ HICAt\J

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13

WI-SEN-20-0888-A-000012

 Romportl, Dan
From:

Sent:
To:

Cc:
Subject:

Romportl, Dan
Thursday, April 09, 2020 1:55 PM
'Kyle Christianson'
'David Frohling'; 'Kottke, Russell'
RE: Property Tax Payments - WCA

Thanks, Kyle, I did receive this and have talked to Sen. Fitzgerald about it. We'll be in touch.
- Dan
From: Kyle Christianson <christianson@wicounties.org>

Sent: Wednesday, April 08, 2020 5:21 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Cc: David Frohling <district23@co.dodge.wi.us>; Kottke, Russell <rkottke@co.dodge.wi.us>
Subject: Property Tax Payments - WCA

Dan,
I understand the legislature is considering some changes to due dates for property taxes.
Under current law, counties are required to "settle" with local taxing jurisdictions (i.e., schools, tech colleges,
municipalities) on August 20. This means that counties send checks to the underlying taxing jurisdictions for
the amount of property taxes each local govemment levied taxes for. In other words, it does not matter whether
property taxes were actually collected, counties are required to pay the am0tmt of taxes that should have been
collected. Typically, this is not a major problem, since 95% or more of property taxes are generally collected
by the end of July, so the county only needs to front a relatively small amount. In the event property tax
payments are delayed past July, however, counties would not have sufficient funds to make the statutorily
required payments to schools and municipalities.
Because counties are tasked with the August settlement, counties are able to place liens on properties that do not
pay their bill. It usually takes a couple years, but if taxes remain unpaid, counties can foreclose on a property
and sell it. This occurs so counties are "paid back" the unpaid property taxes that the county sent to school and
municipalities.

If property tax payments are delayed (until October 1 according to a preliminary summary of the bill being
considered), counties would need a short-term revenue source from the state to ensure schools and
municipalities receive their full property tax receipts in August. One idea we have would be for the state to
offer counties an interest-free loan through the rainy day fund, BCPL, or some other area so counties could
make the August settlement payments and then repay the state (or BCPL) when property taxes are collected
some time later this year.
Please let me know if you'd like to discuss this further and thanks for your consideration.
Kyle

AM~ HICAt\J

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WI-SEN-20-0888-A-000013

 Kyle C. Christianson
Director of Government Affairs

608-663-7188 • direct: 608-219-3574
22 E. Mifflin Street, Suite 900
Madison, WI 53703
christianson@wicounties.org

□□□□□

AM[ HICAN

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15

WI-SEN-20-0888-A-000014

 Romportl, Dan
From:

Sent:
To:

Romportl, Dan
Thursday, April 09, 2020 1:11 PM
Augustyn, Jessie

https://www.channel3000.com/famous-magician-cant-make-insurance-fight-disappear/

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
13thSenate District
(608) 266-5660

AM[ HICAN

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WI-SEN-20-0888-A-000015

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Thursday, April 09, 2020 12:58 PM
'Borgerding, Eric'; O'Brien, Kyle
RE:[External]RE: Data Dashboard Publication Language

Sure, send it over, we'll take a look at it
From: Borgerding, Eric <EBorgerding@wha.org>

Sent: Thursday, April 09, 2020 12:55 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>; O'Brien, Kyle <kobrien@wha.org>
Subject: RE:[External]RE: Data Dashboard Publication Language

We've also been trying to get OHSto share with the WHA Information Center Medicaid claims data. We could do some
great stuff with that in terms of targeting and improving care, and lowering cost, for MA patients before and after the
hospital. Could we send you some language on that too?
Gotta try@
From: Romport!, Dan <Dan.Romportl@legis.wisconsin .gov>

Sent: Thursday, April 9, 2020 12:29 PM
To: O'Brien, Kyle <kobrien@wha.org>
Cc: Borgerding, Eric <EBorgerding@wha.org>
Subject: [ExternalJRE: Data Dashboard Publication Language

Received, thank you.
-Dan
From: O'Brien, Kyle <kobrien@wha.org>
Sent: Thursday, April 09, 2020 12:19 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Cc: Borgerding, Eric <EBorgerding@wha.org>
Subject: FW: Data Dashboard Publication Language

DanSee below. Fitz said he would let you know this is coming.
Thanks,
Kyle
From: O'Brien, Kyle

Sent: Wednesday, April 8, 2020 10:00 AM
To: Toftness, Jenny <Jenny.Toftness@legis.wisconsin.gov>
Cc: Borgerding, Eric <EBorgerding@wha.org>
Subject: Data Dashboard Publication Language
JennyJ-\IVIL

I

11'-'AN

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17

WI-SEN-20-0888-A-000016

 Please see the information below .
Thanks,
Kyle

153.23 is created to read:
153.23 Public health emergency dashboard. During a state of emergency or public health emergency declared
by the governor or a declared emergency under the Stafford Act or National Emergencies Act or a public health
emergency under Section 319 of the Public Health Services Act, the entity under contract under s.
153.05(2m)(a) shall prepare and publish a public health emergency dashboard using healthcare emergency
preparedness program information collected by the state from acute care hospitals . The published dashboards
shall include information to assist emergency response planning activities. The entity and the department shall
enter a data use agreement and mutually agree to the healthcare emergency preparedness program infonnation
the department will provide to the entity, the information the entity will include in the dashboard, any
publication schedule, and any other terms deemed necessary by the parties.

AM[ HICAN

PVERSIGHT

18

WI-SEN-20-0888-A-000017

 Romportl, Dan
From:
Sent:
To:
Subject:
Attachments:

Romportl, Dan
Thursday, April 09, 2020 12:52 PM
Augustyn, Jessie
FW:CO-SPONSORSHIP:Letter to Gov. Evers on Outdoor Services
LttrToGovEversOutdoorReligGatherings.pdf

Importance:

High

From: Sen.Craig <Sen.Craig@legis.wisconsin.gov>
Sent: Thursday, April 09, 2020 12:11 PM
To: *Legislative Assembly Republicans <Al1AsmGops@legis.wisconsin.gov>; *Legislative Senate Republicans
<Al ISenGops@legis. wisconsi n .gov>
Subject: CO-SPONSORSHIP:Letter to Gov. Evers on Outdoor Services
Importance: High

TO:

All Legislature Republicans

FROM:

Senator David Craig

RE:

Co-Sponsorship of Letter Requesting Clarifications to Outdoor Religious Services

DATE:

Wednesday, April 9, 2020

Dear Colleagues,
Due to apparent inconsistencies in county implementation of emergency orders relating to religious
services, I will be sending the attached letter to Governor Tony Evers and Secretary-designee Andrea
Palm.
to be added to the letter as a signatory.
Please respond to this email by 1pitfiijijiy
Best,
David Craig
State Senator
28th Senate District

AM[ HICAN

PVERSIGHT

19

WI-SEN-20-0888-A-000018

 WISCONSIN LEGISLATURE
P. 0. Box 7882 Madison, WI 53707-7882

April 9, 2020
The Honorable Tony Evers
Governor, State of Wisconsin
2 East Main Street
Madison, WI 53703

RE: DHS EMERGENCY ORDER #12 - Outdoor Religious Gatherings
Dear Governor Evers,
While Wisconsinites appreciate the efforts made by our government officials to take the COVID-19
pandemic seriously, we, as government officials, cannot simply abandon the most fundamental rights
under the United States and Wisconsin Constitutions, including but not limited to, the freedoms of
assembly, religious exercise, and travel. Nor can any branch of government, be it the legislative or
executive, issue edicts, based neither on science or the law, and expect such edicts to be upheld by the
judicial courts or the court of public opinion.
With that said, We are requesting that your administration and/or DHS specifically respond to the question
of whether "outdoor religious gatherings" that comply with all social distancing and other "Safer-AtHome" provisions are prohibited under your Executive Order #72, Emergency Order #12 (EO12) or any
other order or state statute/law. For your convenience and to assist in your timely response, we have
attached a legal memorandum from the non-partisan Wisconsin Legislative Council that reads in part:
"Under both Emergency Orders #8 and #12, it is permissible for a religious service to be
held outside, including a drive-up service, as long as there is compliance with certain
restrictions specified in the orders ....
Under Emergency Order# 12, religious services are expressly encouraged to continue while
the order is in effect."
Further, attorneys at Legislative Reference Bureau provided guidance on EO 12 stating in part:
"EO12 expressly permits religious gatherings and imposes the fewer-than-ten-people
limitation only with respect to religious gatherings that take place "in a room or confined
space." ... to read the order other than as permitting such gatherings would result in an
apparent absurdity ... "
While, the legislature has not received any justification as to why these types of restrictions should occur
or why narrowly-tailored accommodations cannot be made, apparently your administration placed further
restrictions on worship services with guidance to county health departments. This is despite the fact that
your most recent legislative update specifically deemed churches as "Essential Business" for the purposes
of your orders.

AMERICAN

PVERSIGHT

WI-SEN-20-0888-A-000019

 As of the writing of this letter, churches in Taylor, Walworth , Waukesha, Outagamie, and Dane Counties
have apparently received communications prohibiting any planned outdoor worship services even if
specifically designed to comply with social distancing guidelines set fo1th by Emergency Orders #8 and
#12. This guidance apparently also deemed travel to church services as "non-essential". Churches in these
counties and across the state require clarity and relief from the confusion created by the latest Department
of Health Services (DHS) guidelines in relation to outdoor and drive-up worship services. In additional to
my request for clarification of your order, we are requesting a copy of the communication that DHS sent
to county health depaitments relating to outdoor worship services.
If you and your Administration disagree with the above analysis, please indicate how in your response to
my specific question. Along with providing for physical security, government must accommodate the free
exercise of individuals to engage in congregational worship, as guaranteed under the Constitutions of the
United States and the State of Wisconsin.
Thank you again for your efforts to address this crisis . We look forward to your prompt response to these
concerns.
Sincerely,

David Craig
State Senator
28th Senate District

CC : Secretary-designee Andrea Palm

AMERICAN

PVERSIGHT

WI-SEN-20-0888-A-000020

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Thursday, April 09, 2020 12:29 PM
Ottman, Tad
FW: Data Dashboard Publication Language

From: O'Brien, Kyle <kobrien@wha.org>

Sent: Thursday, April 09, 2020 12:19 PM
To: Rom port I, Dan <Dan. Romportl@legis. wisconsi n .gov>
Cc: Borgerding, Eric <EBorgerding@wha.org>
Subject: FW: Data Dashboard Publication Language
DanSee below. Fitz said he would let you know this is coming.
Thanks,
Kyle
From: O'Brien, Kyle
Sent: Wednesday, April 8, 2020 10:00 AM
To: Toftness, Jenny <Jenny.Toftness@legis.wisconsin.gov>
Cc: Borgerding, Eric <EBorgerding@wha.org>
Subject: Data Dashboard Publication Language

JennyPlease see the information below.
Thanks,
Kyle

153.23 is created to read:
153.23 Public health emergency dashboard. During a state of emergency or public health emergency declared
by the governor or a declared emergency under the Stafford Act or National Emergencies Act or a public health
emergency under Section 319 of the Public Health Services Act , the entity under contract under s.
153.05(2m)(a) shall prepare and publish a public health emergency dashboard using healthcare emergency
preparedness program information collected by the state from acute care hospitals . The published dashboards
shall include information to assist emergency response planning activities. The entity and the department shall
enter a data use agreement and mutually agree to the healthcare emergency preparedness program information
the department will provide to the entity , the information the entity will include in the dashboard , any
publication schedule, and any other terms deemed necessary by the parties.

AfVLH CAf\

PVERSIGHT

20

WI-SEN-20-0888-A-000021

 Romportl, Dan
From:

Sent:
To:
Cc:
Subject:

Romportl, Dan
Thursday, April 09, 2020 12:29 PM
'O'Brien, Kyle'
Borgerding, Eric
RE:Data Dashboard Publication Language

Received, thank you.
-Dan
From: O'Brien, Kyle <kobrien@wha.org>

Sent: Thursday, April 09, 2020 12:19 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Cc: Borgerding, Eric <EBorgerding@wha.org>
Subject: FW: Data Dashboard Publication Language

DanSee below. Fitz said he would let you know this is coming.
Thanks,
Kyle
From: O'Brien, Kyle

Sent: Wednesday, April 81 2020 10:00 AM
To: Toftness, Jenny <Jenny.Toftness@legis.wisconsin.gov>
Cc: Borgerding, Eric <EBorgerding@wha.org>
Subject: Data Dashboard Publication language

JennyPlease see the information below.
Thanks,
Kyle

153.23 is created to read:
153.23 Public health emergency dashboard. During a state of emergency or public health emergency declared
by the governor or a declared emergency under the Stafford Act or National Emergencies Act or a public health
emergency under Section 319 of the Public Health Services Act, the entity under contract under s.
153.05(2m)(a) shall prepare and publish a public health emergency dashboard using healthcare emergency
preparedness program information collected by the state from acute care hospitals. The published dashboards
shall include information to assist emergency response planning activities. The entity and the deprutment shall
enter a data use agreement and mutually agree to the healthcare emergency preparedness program information
the department will provide to the entity, the information the entity will include in the dashboard, any
publication schedule, and any other terms deemed necessary by the parties.

AM~ HICAt\J

PVERSIGHT

21

WI-SEN-20-0888-A-000022

 Romportl, Dan
From:
Sent:

To:
Subject:

Romportl, Dan
Wednesday, April 08, 2020 1:56 PM
Dye, Jenni N - GOV
RE: follow-up on legislative package

Received, thank you.
-Dan

From: Dye, Jenni N - GOV <jenni.dye@wisconsin.gov>
Sent: Wednesday, April 08, 20201:39 PM
To: Pritzkow, Emily <Emily.Pritzkow@legis.wisconsin.gov>; Palese, Tony <Tony.Palese@legis.wisconsin.gov>; Toftness,
Jenny <Jenny.Toftness@legis.wisconsin.gov>; Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Cc:Pennoyer, Kara - GOV <kara.pennoyer1@wisconsin.gov>
Subject: follow-up on legislative package

Following up on recent conversations, we wanted to provide some initial feedback in response to the memo
regarding your proposed bill.

First, we will need to see actual bill language. At this point we are able to share that DHSwill have some
feedback regarding provisions of the bill on waivers and data collection to ensure workability and
responsiveness to the public health emergency, and we will get you details on those as soon as we are able.

The provision regarding JCFhaving authority to unilaterally alter previously approved appropriations is a nonstarter. Changes to the approved budget will require more conversation and more information regarding the
state's fiscal outlook and potential federal funding streams than is available at this time.

I'm also attaching a quick analysis that our team has done that shows what is missing from your proposal that
we shared previously to facilitate further discussion. Many of these items are what the state needs in order to
provide direct relief to the people who have been impacted most by this crisis and therefore are high priorities
for the Governor.
Thanks,
Jenni Dye
Policy Director
Office of Governor Tony Evers
she/her/hers
Email: jenni.dye@wisconsin.gov
Phone: 608-264-6329 (office) I 608-279-6762 (mobile)
Like Governor Tony Evers on Facebook I Follow Governor Tony Evers on Twitter

AM[ HICAN

PVERSIGHT

22

WI-SEN-20-0888-A-000023

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Wednesday, April 08, 2020 12:25 PM
Toftness, Jenny; Ottman, Tad; Smith, Heather
FW: Senator Jacque Questions on Draft COVID Response Package

Fitz asked that I forward this to the team for consideration. Andre has been hammering both of us on this and Fitz finally
caved and said "send it Tad to look at."
So I'm sending it to Tad to look at.
Also I'm sorry.
-Dan
From: Jacque, Andre <Andre.Jacque@legis.wisconsin.gov>
Sent: Wednesday, April 08, 2020 11:33 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Cc: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>
Subject: FW: Senator Jacque Questions on Draft COVID Response Package

DanPlease see the highlighted section below with an explanation of why more specific language is needed to allow the
remote appearance ability for the court system that the DA's Association and Chief Justice Roggensack's office have
requested ...
Thanks I
Andre
From: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>

Sent: Wednesday, April 08, 2020 9:06 AM
To: Jacque, Andre <Andre.Jacque@legis.wisconsin.gov>
Subject: FW: Senator Jacque Questions on Draft COVID Response Package

Andre, here is Anna Henning's initial analysis of the Senate Draft Package language and compared to our legislation on
the ability of courts to meet remotely.
-Nik

Nik Rettinger Ill
Chief of Staff
Office of Senator Andre Jacque
1st Senate District
608-266-3512
From: Henning, Anna <Anna.Henning@legis.wisconsin.gov>
Sent: Tuesday, April 7, 2020 4:53 PM
23

WI-SEN-20-0888-A-000024

 To: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>
Subject: RE:Senator Jacque Questions on Draft COVID Response Package

Hi Nik,
I have some preliminary thoughts on your question; I'd be happy to follow up with a phone call or a more detailed
written analysis if that would be helpful.
Briefly, the provisions described by the draft summary appear to be identical to provisions in legislation proposed by the
governor . [See page 23 of this summary.l Those provisions provide very broad authority for state entities to waive inperson appearance requirements during a public health emergency. Specifically, they authorize a "state entity," broadly
defined and specifically including the courts, to waive an in-person appearance requirement that is "imposed,
administered, or enforced by" the state entity during the period in which a state public-health emergency is in effect, if
the state entity finds that such a waiver will assist the state's response or that enforcing the in-person appearance
requirement "may increase the public health risk."
On its face, that very broad waiver authority appears to allow a court to waive a requirement to appear in person in the
types of criminal and juvenile justice proceedings for which 2019 Senate Bill 924 extends options for appearing by
telephone or two-way audiovisual technology. In other words, on its face, the draft Senate legislation appears to
authorize a court to allow persons to appear remotely in a juvenile or criminal proceeding while the current public
health emergency declaration is in effect, and during any future public health emergency declaration, if the court finds
that doing so will assist the state's emergency response efforts or that not doing so may increase risk.
However, there are some important caveats to note. First, as mentioned, such authority would be temporary, whereas

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I hope that's a helpful start. Please let me know what else might be useful.
Anna

Anna Henning
Senior Staff Attorney, Wisconsin Legislative Council
608.504.5716 I anna.henning@legis.wisconsin.gov
One East Main Street, Suite 401, Madison, WI 53703

From: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>
Sent: Tuesday, April 07, 2020 1:08 PM
To: Henning, Anna <Anna.Henning@legis.wisconsin.gov>
Subject: RE:Senator Jacque Questions on Draft COVID Response Package

Unfortunately just the summary has been provided so far to our office.

AM[ HICAN

PVERSIGHT

24

WI-SEN-20-0888-A-000025

 i
I

Nik Rettinger Ill
Chief of Staff
Office of Senator Andr e Jacque
1st Senate District

608-266-3512
From: Henning, Anna <Anna.Henning@legis.wisconsin.gov>

Sent: Tuesday, April 7, 2020 1:04 PM
To: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>
Subject: RE: Senator Jacque Questions on Draft COVID Response Package

Thanks, Niki Do you have an actual LRBdraft yet, by any chance? If not, I can provide you some information based on
the summary.
Anna
From: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>

Sent: Tuesday, April 07, 2020 12:59 PM
To: Henning, Anna <Anna.Henning@legis.wisconsin.gov>
Subject: RE:Senator Jacque Questions on Draft COVlD Response Package

Hi Anna, sorry I thought 1attached it, my bad. Thanks for looking into this!
-Nik
:-:.

Nik Rettinger III
Chief of Staff
Office of Senator Andre Jacque
1st Senate District

608-266-3512
From: Henning, Anna <Anna.Henning@legis.wisconsin.gov>

Sent: Tuesday, April 7, 2020 12:15 PM
To: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>
Subject: RE: Senator Jacque Questions on Draft COVID Response Package

Hi Nik,
I'm very happy to help. Could you send me what you mean by the draft Senate package, just so I'm sure I'm looking at
the same thing?
Anna

Anna Henning
Senior Staff Attorney, Wisconsin Legislative Council
608.504.5716 I anna.henning@legis .wisconsin.gov
One East Main Street , Suite 401, Madison, WI 53703

From: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>
Sent: Tuesday, April 07, 2020 10:40 AM

25

WI-SEN-20-0888-A-000026

 To: Henning, Anna <Anna.Henning@legis.wisconsin .gov>
Subject: Senator Jacque Questions on Draft COVID Response Package

Anna,
I believe you are the right person to run this by, if not I'd be happy to talk the attorney think is best. My boss had some
questions regarding the draft Senate COVID response package. He recently introduced legislation and just wants to
know if the language in this draft package does what we've been told it will in place of our bill.
From my boss:
In Person Appearance Waiver (General Provisions #2)
Need to make sure this applies to what we were trying to do for DAs and the court system. Check with Leg council and
Louis Molepske.
The Section my boss is referencing starts on page 6. The legislation we introduced before the session ended is here:
https:ljdocs .legis.wisconsin.gov/2019/proposals/sb924
Can you check into this to see if the draft language accomplishes what our bill was trying to do?
-Nik

Nik Rettinger Ill
Chief of Staff
Office of Senator Andre Jacque
1st Senate District

608-266-3512

AM[ HICAN

PVERSIGHT

26

WI-SEN-20-0888-A-000027

 Romportl, Dan
From:

Sent:
To:

Cc:
Subject:

Romportl, Dan
Wednesday, April 08, 2020 12:26 PM
Jacque, Andre
Rettinger, Nik
RE: Senator Jacque Questions on Draft COVID Response Package

Got it, thank you. We'll take a look at it.
-Dan
From: Jacque, Andre <Andre.Jacque@legis .wisconsin.gov>

Sent: Wednesday, April 08, 2020 11:33 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Cc:Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>
Subject: FW: Senator Jacque Questions on Draft COVID Response Package
DanPlease see the highlighted section below with an explanation of why more specific language is needed to allow the
remote appearance ability for the court system that the DA's Association and Chief Justice Roggensack's office have
requested ...
Thanks!
Andre
From: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>
Sent: Wednesday, April 08, 2020 9:06 AM
To: Jacque, Andre <Andre.Jacque@legis .wisconsin.gov>
Subject: FW: Senator Jacque Questions on Draft COVID Response Package

Andre, here is Anna Henning's initial analysis of the Senate Draft Package language and compared to our legislation on
the ability of courts to meet remotely.
-Nik

Nik Rettinger III
Chief of Staff
Office of Senator Andre Jacque
1st Senate District

608-266-3512
From: Henning, Anna <Anna.Henning@legis .wisconsin.gov>
Sent: Tuesday, April 7, 2020 4 :53 PM
To: Rettinger, Nik <Nik.Rettinger@legis .wisconsin.gov>
Subject: RE:Senator Jacque Questions on Draft COVID Response Package

Hi Nik,

AM[ HICAN

PVERSIGHT

27

WI-SEN-20-0888-A-000028

 I have some preliminary thoughts on your question; I'd be happy to follow up with a phone call or a more detailed
written analysis if that would be helpful.
Briefly, the provisions described by the draft summary appear to be identical to provisions in legislation proposed by the
governor. [See page 23 of this summary.] Those provisions provide very broad authority for state entities to waive inperson appearance requirements during a public health emergency. Specifically, they authorize a "state entity," broadly
defined and specifically including the courts, to waive an in-person appearance requirement that is "imposed,
administered, or enforced by" the state entity during the period in which a state public-health emergency is in effect, if
the state entity finds that such a waiver will assist the state's response or that enforcing the in-person appearance
requirement "may increase the public health risk."
On its face, that very broad waiver authority appears to allow a court to waive a requirement to appear in person in the
types of criminal and juvenile justice proceedings for which 2019 Senate Bill 924 extends options for appearing by
telephone or two-way audiovisual technology. In other words, on its face, the draft Senate legislation appears to
authorize a court to allow persons to appear remotely in a juvenile or criminal proceeding while the current public
health emergency declaration is in effect, and during any future public health emergency declaration, if the court finds
that doing so will assist the state's emergency response efforts or that not doing so may increase risk.
However, there are some important caveats to note. First, as mentioned, such authority would be temporary, whereas

I hope that's a helpful start. Please let me know what else might be useful.
Anna

Anna Henning
Senior Staff Attorney , Wisconsin Legislative Council
608.504.5716 I anna.h enning @1egis.wisconsin.gov
One East Main Street, Suite 40 1, Madison, WI 53703

From: Rettinger, Nik <Nik.Rettinger@legis.w isconsin.gov>
Sent: Tuesday, April 07, 2020 1:08 PM
To: Henning, Anna <Anna.Henning@legis.wisconsin.gov>
Subject: RE:Senator Jacque Questions on Draft COVID Response Package
Unfortunately just the summary has been provided so far to our office.

Nik Rettinger III
Chief of Staff
Officeof Senato r Andre Jacque
1st Senate District
608-266-3512
f"\IVI

nlvt

PVERSIGHT

28

WI-SEN-20-0888-A-000029

 From: Henning, Anna <Anna.Henning@legis.wisconsin.gov>
Sent: Tuesday, April 7, 2020 1:04 PM
To: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>
Subject: RE: Senator Jacque Questions on Draft COVID Response Package

Thanks, Nik! Do you have an actual LRBdraft yet, by any chance? If not, I can provide you some information based on
the summary .
Anna
From: Rettinger, Nik <Nik.Rettinger@legis .wisconsin.gov>

Sent: Tuesday, April 07, 2020 12:59 PM
To: Henning, Anna <Anna.Henning@legis.wisconsin.gov>
Subject: RE:Senator Jacque Questions on Draft COVID Response Package

Hi Anna, sorry I thought I attached it, my bad. Thanks for looking into this!
-Nik

Nik Rettinger Ill
Chief of Staff
Office of Senator Andre Jacque
1st Senate District
608-266-3512
From: Henning, Anna <Anna.Henning@legis.wisconsin.gov>

Sent: Tuesday, April 7, 2020 12:15 PM
To: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>
Subject: RE: Senator Jacque Questions on Draft COVID Response Package

Hi Nik,
I'm very happy to help. Could you send me what you mean by the draft Senate package, just so I'm sure I'm looking at
the same thing?
Anna

Anna Henning
Senior Staff Attorney, Wisconsin Legislative Council
608 .504.5716 I anna .henning@legis.wisconsin.gov
One East Main Street, Suite 401, Madison, WI 53703

From: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>

Sent: Tuesday, April 07, 2020 10:40 AM
To: Henning, Anna <Anna.Henning@legis.wisconsin .gov>
Subject: Senator Jacque Questions on Draft COVID Response Package

Anna,

AIVlt

n1vAN

PVERSIGHT

29

WI-SEN-20-0888-A-000030

 I believe you are the right person to run this by, if not I'd be happy to talk the attorney think is best. My boss had some
questions regarding the draft Senate COVID response package. He recently introduced legislation and just wants to
know if the language in this draft package does what we've been told it will in place of our bill.
From my boss:
In Person Appearance Waiver (General Provisions #2)
Need to make sure this applies to what we were trying to do for DAs and the court system. Check with Leg council and
Louis Molepske.
The Section my boss is referencing starts on page 6. The legislation we introduced before the session ended is here:
https:// docs.legis.wisco nsin ,gov /2019 /proposa 1s/sb924
Can you check into this to see if the draft language accomplishes what our bill was trying to do?
-Nik

Nik Rettinger Ill
Chief of Staff
Office of Senator Andre Jacque
1st Senate District
608-266-3512

AM~ HICAt\J

PVERSIGHT

30

WI-SEN-20-0888-A-000031

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Wednesday, April 08, 2020 10:40 AM
Karius, Bob; Schultz, Rusty
FW: Special Session Skeleton Scripts

FYI
From: Romportl, Dan

Sent: Wednesday, April 08, 2020 10:39 AM
To: Renk, Jeff <Jeff.Renk@legis.wisconsin.gov>
Cc: Blaze], Ted <Ted.Blazel@legis.wisconsin.gov>; Gillitzer, Erin <Erin.Gillitzer@legis.wisconsin.gov>
Subject: RE: Special Session Skeleton Scripts

Senator Fitzgerald adjourned the "first" April Special Session at 10:15am, pursuant to SJRl.
Senator Fitzgerald adjourned the "second" April Special Session at 10:16am, pursuant to SJRl.
The Capitol building was open when this took place.

From: Renk, Jeff <Jeff.Renk@legis.wisconsin.gov>
Sent: Wednesday, April 08, 2020 10:05 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>;
Cc: Gillitzer, Erin <Erin.Gillitzer@legis.wisconsin.gov>
Subject: Special Session Skeleton Scripts

Ottman, Tad <Tad.Ottman@legis.wisconsin.gov>

Here are the scripts today to adjourn both April special sessions.
Jeff

AfVLH CAf\

PVERSIGHT

31

WI-SEN-20-0888-A-000032

 Romportl, Dan
From:

Sent:
To:

Cc:
Subject:

Romportl, Dan
Wednesday, April 08, 2020 10:39 AM
Renk, Jeff
Blaze!,Ted; Gillitzer, Erin
RE:Special Session Skeleton Scripts

Senator Fitzgerald adjourned the "first" April Special Session at 10:15am, pursuant to SJRl.
Senator Fitzgerald adjourned the "second" April Special Session at 10:16am, pursuant to SJRl.
The Capitol building was open when this took place.

From: Renk, Jeff <Jeff.Renk@legis.wisconsin.gov>
Sent: Wednesday, April 08, 2020 10:05 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>;
Cc:Gillitzer, Erin <Erin.Gillitzer@legis.wisconsin.gov>
Subject: Special Session Skeleton Scripts

Ottman, Tad <Tad.Ottman@legis.wisconsin.gov>

Here are the scripts today to adjourn both April special sessions.
Jeff

AM~ HICAt\J

PVERSIGHT

32

WI-SEN-20-0888-A-000033

 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl , Dan
Tuesday, April 07, 2020 10:17 PM
Ottman, Tad; Smith, Heather; Toftness, Jenny
FW:Drafts of Governor's proposals for discussion

19-6128/P2.pdf; 19-6105/P2 .pdf

FYI wtf - also its nice that WHA had a memo out supporting this "new" packagean hour before we got it
From: Dye, Jenni N - GOV

Sent: Tuesday, April 07, 2020 9:45 PM
To: Palese,Tony; Pritzkow, Emily; Toftness, Jenny; Romportl, Dan
Cc: Pennoyer,Kara - GOV
Subject: Drafts of Governor'sproposalsfor discussion
Hello,
As we have discussed with you on our daily calls, our office has been continuing to work on drafts of the
legislative proposals we have previously shared with you. Attached please find an updated version of the first
package that we had provided to you as well as a compiled draft of our second round of legislative proposals.
These documents reflect conversations with constituents, agencies, federal partners, and stakeholders over
the past weeks. Note that LRBhas flagged for us that they have duplicated some of the analysis in 6128, which
we will work with them to fix in the morning, and the State Budget Office tean is also still reviewing these but
we wanted to get you the language as quickly as possible to facilitate discussions.
We continue to look forward to the opportunity to discuss the Governor's proposals as well as the ideas in the
memo we received today and work together to reach an agreement that the Governor and legislators can
support.
Best,
Jenni Dye
Policy Director
Office of Governor Tony Evers
she/her/hers
Email: jenni.dye@wisconsin.gov
Phone: 608-264-6329 (office) I 608-279-6762 (mobile)
Like Governor Tony Evers on Facebook I Follow Governor Tony Evers on Twitter

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WI-SEN-20-0888-A-000034

 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl, Dan
Tuesday, April 07, 2020 8:02 PM
Mugnaini, Jason; Rettinger, Nik; Lonergan, Sandy; Ponio, Jerry; Summerfield, Craig;
Mikalsen, Mike; Esser,Jennifer; Zantow, Jenna; Prange, Katy; Lakin, Tim; Henkel, Matt;
Soper, John; Kelly, Scott; Duerkop, Nathan; Emerson, James; Gibbs, Adam; Fiocchi, Tim;
Koenen, Kyle
updated LFB memo - not final
07 Summary of Provisions Draft.pdf

Version 2 attached - your feedback today is appreciated and is being taken under consideration, more changes will follow
- for now please keep this on hand as the most recentdraft
-Dan

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 Summary of Provisions

ADMINISTRATION

1.

EMPLOYEE TRANSFER AUTHORITY

Authorize the Secretary of DOA to transfer any employeeJrom one.executive branch agency
to another executive branch agency to provide services for the receiving agency during the public
health emergency declared on March 12, 2020, including any extension by joint resolution of the
Legislature. Specify that the receiving agency must pay all salary and fringe benefit costs of the
employee during the time he or she is providing services for the receiving agency. Fgrther, specify
that any transfer would remain in effect until rescinded bythe Secretary of DOA or 90days after the
public health emergency is terminated, whichever is earliest Specify that an employee may not
receive a salary increase upon transfer to a state agency, nor may an employee receive a salary
increase upon return to the sending state agency. Require the Secretary of DOA to submit a report
to the Joint Committee on Finance no later than June 1,2020, and on thefrrst day of each subsequent
month during the emergency period, that provides information on all employee transfers. Specify
that the report identify the nwnber of employees transferred, thetitle of each employee transferred,
the title the employee assunted at.tlie receiving agency, and the reasons for each employee transfer.

2.

LIMITED-TERM EMPLOYEE HOURS

Specify thatthe pirector of the Bureau ofMerit Recruitment and Selection in DOA's Division
of Persollllel Management may increase or suspend the number of hours for a limited-term
appointnient for the duration of a public llcalth emergency declared by the Governor. Under current
law, a limit<!cl-termappointment is a provisional appointment for less than 1,040 hours per year.

3.

USE OF ANNUAL LEAVE

Specify that a state employee may take annual leave within the first six months of the
employee's probationary period upon initial appointment during a public health emergency declared
by the Governor. Further, specify that if such an employee who has taken ammal leave terminates
his or her employment before earning annual leave equivalent to the amount of annual leave the
employee has taken, the appointing authority would be required to deduct the cost of the unearned
annual leave from the employee's final pay.
Under current law, an employee, with the approval of his or her appointing authority, may
anticipate the annual leave which he or she could earn during the current calendar year, but no
employee is eligible to take annual leave until he or she has completed the first six months of a

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 probationary period for an original job appointment unless the employee uses annual leave that he
or she accrued while serving in an unclassified po sition.

4.

STATE EMPLOYMENT FILINGS AND IN-PERSON MEETINGS

Specify that a state employee does not waive his or her right to appeal an adverse employment
decision if the employee does not timely file a complaint or appeal during a public health emergency
declared by the Governor. Further, specify that the tolling period for an employee to file such a
complaint with the appointing authority would begin 14 days after the termination of the declared
public health emergency or extension. In addition , specify that an appointing authority or his or her
designee is not required to meet with a complainant in person when conducting an investigation
related to such a complaint filed by an employee during a public health emergency declared by the
Governor.
Under current law, to commence the grievance process for an adverse employment action, a
state employee must file a complaint with the employ~e's appo~nting authority chaUenging the
adverse employment decision against the employee no later than 14days after the employee becomes
aware of, or should have become aware of, the decision thatis the subject of the complaint. Also
under current law, an appointing authority or his or her designee who receives a timely complaint
must conduct any investigation they consider necessary, meet with the employee in person, and issue
a decision in writing no later than 14 days after the date on which the complaint is received.

.

.

AGRICULTURE, TRADE AND CONSUMER PROTECTION

1.

PROHIBITION ON RETURNS DURING PUBLIC HEAL TH EMERGENCY

Prohil>it a retail establishment from accepting the return of fresh or packaged food, cleaning
supplies, personal care products, or paper products purchased during a public health emergency as
declared by the Gov:emor under s. 323.10 of the statutes, or within 30 days after the emergency ends.
However, allow a retailer to accept the return of food, personal care products, cleaning supplies, or
paper products within seven days of purchase for any reason , or at any time any time if a product
was contaminated due to improper production or packaging. Further, allow retail establishments to
accept returns of other types of products at any time.

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 BOARD OF COMMISSIONERS OF PUBLIC LANDS

1.

AUTHORIZE TRUST FUND LOANS TO MUNICIPAL UTILITIES

Allow BCPL to offer loans from the common school fund and other school trust funds to
nonprofit municipal utilities during the state of emergency declared by the Governor under Executive
Order 72, including any extension granted by the Legislature, and up to 60 days after the emergency
declaration expires. Specify BCPL may offer loans to ensure that the utility is able to maintain
liquidity during the emergency period, and authorize BCPL to issue loans for amounts and conditions
as may be agreed upon by a borrower. Further, specify that the Legislature determines the loans
serve a public purpose .
Under current law, BCPL makes loans to school districts, municipalities, sewer districts and
other public entities from the school trust funds that it manages. BCPL typically offers lO~year loans
with low fixed interest rates. Under statute, BCPL loans must have an interest rate greater than 2%.
BCPL does not charge a pre-payment penalty.
The public health emergency allows commercial and residential ratepayers to temporarily
suspend utility payments without losing service. The provision is intencl~dto allow BCPL to extend
loans to municipal utilities so that they may continue to nieet obligations in the event of a temporary
loss of revenues.

BUDGET MANAGEMENT AND COMPENSATION RESERVES

1.

JOINT FINANCE AUTHORITY TO REDUCE APPROPRIATIONS

Specify that the Joint Committee on Finance could reduce certain general purpose revenue
(GPR) appropriations, suspend law changes that would decrease state general fund tax revenues, and
rescind proposed general wage adjustments for state and UW System employees if the general fund
condition statement issued by the Legislative Fiscal Bureau shows an estimated deficit in the 202021 fiscal year.
Require the Fiscal Bureau to prepare a revised general fund condition statement for the 201921 biennium no later than June 15, 2020, and submit the report to the cochairpersons of the Joint
Committee on Finance. If the report projects that the estimated gross general fund balance on June
30, 2021, will be negative, require that the cochairpersons convene a meeting of the Committee no
later than June 24, 2020.
Specify that the Committee could take action at the required meeting to reduce the amount of
any general purpose revenue appropriation in the appropriation schedule for the 2020-21 fiscal year,

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 except for the following: (a) sum sufficient appropriations; (b) the appropriation for Medical
Assistance benefits under the Department of Health Services; and (c) the appropriations to pay debt
service on appropriation obligation bonds. Additionally, the Committee could take action to delay
the effective date, initial applicability, or implementation of any provision contained in any
enactment of the 2019 Legislature that would have the effect of reducing general purpose revenues.
Specify that if the provision relates to taxation, the delay could not extend beyond the taxable year
that begins after December 31, 2021, and any other such delay could not extend beyond June 30,
2023.
Additionally, specify that the Committee could take action at the meeting to rescind the
January, 2021, general wage adjustment of 2% provided under the state employee compensation
plan and the January , 2021, wage adjustments provided to UW System employees under its proposed
pay plan, notwithstanding the actions of the Joint Committee on Employment Relations on
December 18, 2019, in approving the state employee compensation plan and the proposed pay plan
of the UW System . Funding in compensation reserves associated with the above January, 2021, wage
adjustments totals $20,517,000 GPR ($47,559,100 allfunds) in 2020-21.

2.

TRANSFERS FROM SUM SUFFICIENT APPROPRIATIONS

Allow the Joint Committee on Finance to transfer up to $25 million from sum sufficient
appropriations during a state of emergency declared by the Governor; including any extension
period, and for a period of up to 90 days after the termina.tio,11of the state of emergency. Transferred
funds could be used for expenditures related to the state of emergency.
Under current law, the Joint Committee on Finance can transfer funds between two
appropriations or between two fiscal years in the same biennium if the transfer would eliminate
unnecessary duplication of functio11s, result in a more efficient and effective method for
perfo1ming programs, or more effectively car:ry out legislative intent. Such transfer must be for
purposes which have been authorized or directed by the Legislature, and cannot change legislative
intent. Current law does not allow a transfer from a sum sufficient appropriation to other types of
appropriations.

BUILDING COMMISSION

1.

GENERAL OBLIGATION BONDING REFUNDING AUTHORITY

Increase the bonding authorization for refunding of any outstanding tax-supported or selfam011izing state general obligation debt by $725,000,000, from its current level of $6,785,000,000
to $7,510,000,000. These bonds could only be issued if the debt refinancing meets the current law
requirement that the true interest costs of the state must be reduced. The authorization for this
refunding bonding was last increased in 201 7 Act 5 9 (the 201 7-19 budget).

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 EMPLOYEE TRUST FUNDS

1.

REHIRED ANNUITANTS IN CRITICAL POSITIONS

Specify that a Wisconsin Retirement System (WRS) participant who is hired by a participating
employer during a public health emergency declared by the Governor may elect to not suspend his
or her annuity for the duration of the public health emergency if: (a) at the time of terminating
employment, the participant does not have an agreement with any participating employer to return
to employment or enter into a contract to provide employee services; ruid (b) the position for which
the annuitant is hired is a critical position. Further, specifythat the cun-ent break-in-service
requirement of 75 days would not apply to a participant who is hired for a critical position during
the public health emergency if at least 15 days have elapsed between the termination of employment
and becoming a participating employee. Require the head of each state agency and each local health
department, based on guidance provided by the Secretary of the Department of Health Services, to
determine which positions within the respective state agency or local government are critical when
the Governor declares a public health emergency, for the purposes of administering the provisions
applicable to rehired annuitants.
Under cu1Tentlaw, any WRS participantwhoretires on or after}uly 2, 2013, must suspend
their annuity and become a participating WRS employee if they are employed in covered
employment, or enter into a contract with a WRS employer, and are expected to work at least twothirds of what is considered fulHime employment by the Department of Employee Trust Funds.
Also under cunent law,any WRS participant who retires onor after July 2, 2013, has a break-inservice requirement of 75days between termination of employment and becoming a participating
employee with a WRS employer; This separation from WRS employment must occur for an
individual who applied for an annuity or lump sum payment to continue to qualify for an annuity or
to retain the lump sum payment.

2.

LEAVES OF ABSENCE AND HEALTH INSURANCE

Specify that, for the purposes of group health insurance coverage offered by the Group
Insurance Board, an employee who returns from a leave of absence and who has not resumed active
duty for at least 30 consecutive calendar days on the date that the Governor declares a public health
emergency is deemed to have ended or interrupted the leave of absence on that date. The public
health emergency related to COVID-19 was declared by the Governor on March 12, 2020.
Under current law, a leave of absence is not deemed ended or interrnpted until the employee
has resumed active performance of duty for 30 consecutive calendar days for at least 50 percent of
what is considered the employee 1s normal work time with the employer. Also under current law, a
state or local public employer that provides its employees health insurance coverage through a plan
offered by the Group Insurance Board must continue to pay required employer contributions, if any,
toward the health insurance premium of an insured employee while the insured employee is on a
leave of absence for the first three months of the leave of absence, or for the entire leave of absence

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 if the insured employee is receiving temporary disability compensation. Under the provision, an
employee of such an employer who returns from a leave of absence, and who was eligible to receive
an employer contribution towards health insurance premiums prior to commencing the leave of
absence, would be immediately eligible for the employer contribution towards the cost of health
.
.
msurance premiums.

GENERAL PROVISIONS

1.

GOVERNMENTAL DEADLINES AND TRAIN"INGREQUIREMENTS DURING A
PUBLIC HEALTH EMERGENCY

Specify that a state or local governmental unit, during an emergency period, may suspend any
deadline associated with a program or action that the state orlocal governmental unit administers or
enforces. Define "emergency period" as the period covered by a public health emergency plus 30
days after the end of the emergency. Define "deadline" to mean any date certain by which, or any
limitation as to time within which , an action ofeve.nt is required to occur. Specify that a state or local
governmental unit may not charge any interest or penalties that would otherwise apply with respect
to the suspended deadlines. Specify that the ·.suspension of deadlines would not apply to any
elections-related deadlines . Specify that during ai1 •emergency period, a state or local unit of
government may suspend any training requirements that are associated with progran1s the state or
local unit of government administers or enforces. The provision would first apply to deadlines or
training requirements duriJJg a pubHc health emergency declared on March 12, 2020, by executive
order #72, including any extensions.<
Specify that the suspension of deadlines does not apply to tax-filing deadlines with respect to
tax revenues deposited to the generaLfund, certain taxes and fees deposited to the transportation
fund, or fointcrcst and penalties on property taxes payable in 2020 that are due after February 1,
2020, provided that the full amount of the payment is received on or before October 1, 2020. These
tax-filing deadlines are describ~d under "Revenue."

2.

IN PERSON APPEARANCE WAIVER

Specify that the head or governing body of a state entity may waive a requirement imposed,
administered, or enforced by the state entity that an individual appear in person during a public
health emergency declared by the Governor if the head or governing body finds that the waiver
assists in the state's response to the public health emergency or that enforcing the requirement may
increase the public health risk. Define "state entity" to mean any state agency, institution of higher
education, association, society, or other body in state government, created or authorized to be
created by the Constitution or any law that is entitled to expend moneys appropriated by law,
including the Legislature, the Courts, and any authority.

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 3.

EXEMPTION FROM CML LIABILITY FOR MANUFACTURE OF MEDICAL
SUPPLIES AND EQUIPMENT DURING PUBLIC HEAL TH EMERGENCY

Exempt manufacturers, distributors, and sellers of emergency medical supplies and equipment
that donate or sell their products in response to the public health emergency declared under Executive
Order 72 (including any extension granted by legislative resolution) from civil liability associated
with injury or death caused by those products. TI1e manufacturer, distributor, or seller would be
exempt from civil liability only if the product were sold or donated to a nonprofit organization or
unit of government at a price that does not exceed the cost of production, defined to include only the
cost of inputs, wages, operating the manufacturing facility, and transp01ting the product. Define
emergency medical supplies and equipment as any medical equipment or supplies necessary to limit
the spread of, or provide treatment for, a disease associated with a public health emergency, including
life support devices, personal protective equipment, cleaning supplies, and any other item
determined to be necessary by the Secretary of the Department of Health Services. Specify that the
exemption would not apply if the death or injury were caused by a willful act or omission.

4.

EXEMPTION TO 50 PIECE RULE FOR COVID'."19EMERGENCY

Allow a person elected to state or local office who become~ a candidate for a national, state,
or local government office to use public funds to pay for communications related to the public health
emergency declared under Executive Order .#72 (including any extension granted by legislative
resolution) if the communications are made during the emergency period, or within 30 days after
termination of the emergency period.
Under current law, with limited exceptions, a person elected to state or local office who
becomes a candidate for anationa1, state, or local government office may not use public funds to pay
for 50 or more pieces of substantially jdentical material during the campaign season.

HEALTH SERVICES

1.

TEMPORARY SUSPENSION OF MEDICAL ASSISTANCE PROVISIONS TO
MEET CONDITIONS FOR ENHANCED FEDERAL MATCHING PERCENTAGE

Authorize DHS to take ce1tain actions, as described below, to satisfy criteria for qualifying for
enhanced federal medical assistance percentage (FMAP) available during an emergency period
declared in response to the novel coronavirus pandemic, as established by the federal Family First
Coronavirus Response Act (FFCRA).
Under this provision, the Department would be authorized to do the following on a
temporary basis: (a) suspend monthly premiums for childless adults covered under the medical
assistance (MA) program; (b) suspend the requirement that childless adults complete a health risk

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 assessment questionnaire for childless adults, as a condition of MA eligibility; ( c) delay the
implementation of a community engagement requirement for childless adults until the date that is
either: (1) 30 days after the day the federal government has approved the community engagement
implementation plan; or (2) 30 days after the last day of the calendar quarter in which the last day
of the declared federal public health emergency associated with the novel coronavirus pandemic
occurs; and ( d) maintain continuous enrollment of for any MA beneficiary who is enrolled as of
the date of passage of the FFCRA (March 18, 2020), or who subsequently enrolls in the program
during the period of the federal public health emergency, until the end of the end of the final month
during which the federal public health emergency is in effect.
The Department of Health Services implemented the monthly prem1ums and health risk
questionnaire beginning on February 1, 2020, under terms oLa federal waiver applicable for
Medicaid coverage for childless adults. The community engagement provision is another waiver
provision, which has not yet been implemented. Under provisions established under 2017 Act 3 70,
the deadline for implementation of this provision is currently April 29, 2020; although the federal
government has not approved the final implementation. plan.
The FFCRA increases each state's FMAP by 6.2 percentage points during any calendar
quarter for which the COVID-19 federal public health emergency is in effect, provided that the
state meets certain maintenance of effort criteria. This increase .will apply, at a minimum to the
first two quarters of 2020, January through March, and April through June. Based on current
expenditure levels in the state's medical assistance program, the increase to the state's FMAP will
increase federal Medicaid matching funds by approximately $150 million per quarter, or
approximately $300 millionovf!r the two quarters covering the final six months of state fiscal year
2019-20.
~

..

In order to qualify for the FMAP increase, _~tates must: (a) not adopt more restrictive
eligibility standards, methodologies, or procedures for their Medicaid programs than were in effect
on January 1, 2020; {b) not charge a higher prelllium for any eligibility groups than was in effect
on J anuary1, 2020; (c) :ensure that any person who was enrolled as of the date of enactment of the
FFCRA or who enrolls during the federal public health emergency be ellgible for benefits through
the end of the month in which the public health emergency period ends; and (d) provide coverage
of COVID~19 testing and treatrI1ent for Medicaid beneficiaries without cost sharing. With respect
to premiums, a st~te is not ineligible for the FMAP increase during the 30-day period following
the passage of the FFCRA (that is, through April 17, 2020), if it had a premium in effect on the
date of passage that would otherwise not be in compliance with the maintenance of effort
requirement.
Since the state's childless adult waiver provisions were implemented after January 1, 2020,
the provisions must be suspended in order for the state to qualify for the enhanced FMAP, In
addition, the state must make modifications to eligibility review processes to ensure continuous
enrollment for MA beneficiaries during the federal public health emergency. The changes under
this item, which would be established in a nonstatutory provision, are intended to make the state
eligible to receive enhanced FMAP under the FFCRA.

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 2.

LEGISLATIVE OVERSIGHT OF FEDERAL WAIVER REQUESTS RELATED TO
THE COVID-19 PUBLIC HEALTH EMERGENCY

Exempt a Department of Health Services (DHS) request for a waiver, amendment to a waiver,
state plan amendment , or other federal approval from the current law provisions, enacted in 2017
Wisconsin Act 370, relating to legislative authorization for, and review of, such requests during the
public health emergency declared by the Secreta1y of the federal Department of Health and Human
Services on January 31, 2020, in response to the 2019 novel coronaviru s. Specify that such an
exemption applies only if the request is any of the following:
Relating to the medical assistance program. Any of the following:
Allowing providers to receive payments for services provided in alternative settings to
recipients affected by 2019 novel corona virus;
Waiving preadmission screening and annual resident review requirements when
•
recipients are transferred;
Allowing hospitals who hold a state license but have not yet received accreditation from
the Joint Commissioner to bill the medical assistance progrrun during the 2019 novel coronavirus
public health emergency;
.

.

Waiving payment of the application f~etoJemporarily enroll a provider for 90 days or
•
until the termination of the 2019 novel coronavirus public he~lth emergency, whichever is longer;
Waiving pre-:enrollment criminal background checks for providers that are enrolled in
the Medicare program to temporarily enroll the provider in the medical assistance program for 90
days or until the termination of the 2019 novel coronavirus public health emergency , whichever is
longer;
Waiving site visit requirements to temporarily enro II a provider for 90 days or until the
termination of 2019 novel .corona virus public health emergency, whichever is longer;
Ceasing revalidation of providers who are enrolled in the medical assistance program
•
or otherwise directly impacted by the 2019 novel coronavirus public health emergency for 90 days
or until termination of the public health emergency, whichever is longer ;
Waiving the requirement that physicians and other health care professionals be licensed
•
in the state in which they are providing services if they have equivalent licensing in another state or
are enrolled in the federal Medicare progrrun;
•
benefits;

Waiving prior authorization requirements for access to covered state plan or waiver

Expanding the authority under Section 1905 (a) of the federal Social Security Act
regarding nonemergency transportation to allow for reimbursement of any eligible individual under
the medical assistance program, additional vendor s, transportation for caregive rs going to provide
services to recipients, and meal delivery to medical assistance recipients;

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 •
Waiving public notice requirements that would otherwise be applicable to state plan
and waiver changes;
•
Modifying the tribal consultation timelines specified in the medical assistance state plan
to allow for consultation at the next future tribal health director meeting;
•
Modifying the requirement under federal law to submit the state plan amendment by
March 31, 2020, to obtain an effective date during the first calendar quarter of 2020;
•
Simplifying program administration by allowing for temporary state plan flexibilities
rather than requiring states to go through the state plan amendment submission and approval process;
•
Waiving timely filing requirements for billing under federal law to allow time for
providers to implement changes;
•
disabled;

Expanding hospital presumptive eligibility to include the population over age 65 and

•
Allowing flexibility for submission of electronic signatures on behalf of a medical
assistance recipient by application assistors if a signature cannot be captured in person;
•
Waiving requirements for managed care organizations to complete initial and periodic
recredentialing of network providers if the providers tneet medical assistance provider enrollment
requirements during the 2019 novel coronavirus public health emergency;
•
Requiring managed care organizations to extend preexisting authorizations through
which a medical assistance recipient has received prior auth01ization until the termination of the
2019 novel coronavirus public health emergency;
Waiving sanctions under Section 1877 (g) of the Social Security Act relating to
limitations on physician refetTal; ·.
•
Allowing flexibility in how a teaching physician is present with the patient and resident
including real-time audio andvideo or access through a window ;
•
Waiving certain equipment requirements in hospital equipment maintenance
requirement guidance issued on December 20, 2013, to maintain the health and safety of the
hospitals' patients and providers;
•
Creating provisions allowing for additional flexibilities to allow for the use in nursing
homes of physician extenders in place of medical directors and attending physicians and telehealth
options;
•
Waiving notice of transfers within a nursing home due to medically necessary
protection from the 2019 novel coronavirus;
•
Waiving requirements to document sufficient preparation and orientation to residents
to ensure a safer and orderly intrafacility nursing home transfer;

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 Waiving requirements for a nursing home bedhold policy;

•

Waiving the requirements for nursing home in-service education under federal law;

•

Waiving nurse staffing information and posting of that information for nursing homes;

Suspending the requirement that a pharmacist go monthly to the nursing home to do
•
record review;
Waiving or lessening requirements for a paid feeding assistant program in nursing
•
homes and setting guidelines for training to assist with the 2019 novelcoronavirus pandemic;
Waiving the annual and quarterly screening of fire extinguishers and any other annual
•
maintenance review for nursing homes;
Allowing all clinical hours required under federal law to be online sinmlation;
Waiving under federal law the loss of the Nurse Aide Training and Competency
•
Evaluation Program;

•

Waiving the requirements under federal law for training of paid feeding assistants;

Allowing home health agencies to p~rform certifications, initial assessments, and
•
determine homebound status remotely or by record review;
Waiving life safetycodes for intermedi.ate care facilities for individuals with intellectual
•
disabilities under federal law and for hospitals, hospices, nursing homes, critical access hospitals and
intermediate care facilities for individuals with intellectual disabilities relating to fire alarm system
maintenance and testing; ,automatic sprinkler and ..standpipe system inspection, testing, and
fire extinguishers.
of portable
maintenance, and inspection and maintenance
....
.·. . . · ....,
..
___:

Relating to the home and community-based waiver programs of Family Care, IRIS, and
Children's Long-Term Supports. Any of the following:
1\.llowing all waiv~r services and administrative requirements that that can be provided
with the same furlctional equivalency of face-to-face services to occur remotely;
Removing the requirement to complete a 6-month progress report to reauthorize
•
prevocational service; ·
Removing the limitation that quotes from at least 3 providers must be obtained and
submitted for home modifications;
Removing the limitation preventing supportive home care from being provided in adult
•
family homes and residential care apartment complexes;
Removing the limitation preventing personal or nursing services for recipients in
•
residential care apartment complexes;

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 •
Removing the limitation that participants cannot receive other waiver services on the
same day as receiving respite care;
•
Allowing adult day service providers, prevocational
employment providers to provide services in alternate settings;

providers, and supported

•
Allowing up to three meals per day for home delivered meals for Family Care and IRIS
program enrollees and adding home delivered meals as a benefit in the Children 1s Long-Tenn
Supports waiver;
•
Removing the limitation on using moneys to relocate individuals from an institution or
family home to an independent living arrangement;
•
Allowing any individual with an intellectual or developmentaldisability
community-based residential facility with greater than eight beds;

to reside in a

•
Modifying the scope of the child care 1:Jenefitto allow for the provision .of child care
payments for children m1der the age of 12 in the program for direct care workers and medical workers
who need access to child care during the emergency;
•
Allowing for all home and c;ommunity-based waiver services to be provided in
temporary settings;
•
Allowing home and community-based waiver services to be provided temporarily in an
acute care hospital or in a short-term institutional stay;
•
Allowing payment for home and c01runmuty-based waiver services provided in settings
outside this state;
•

Allowing generalretailers foproyide assistive technology or commmucation aids;

•
Allowing providers •certified or licensed in other states or enrolled in the Medicare
program to perform the same or comparable services in this state;
•

Delaying provider licensing or certification reviews;

•
Allowing DHS to waive provider qualifications as necessary to increase the pool of
available providers;
•

Allowing 4-year background checks to be delayed;

•
Expanding transportation providers to include individual and transportation network
companies;
•

Allowing noncertified individuals to provide home delivered meals;

•

Allowing nursing students to provide allowable nursing services;

•

Allowing parents to be paid caregivers for their minor children in the Children's Long-

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 Term Supports program when providing a service that would otherwise have been performed and
paid for by a provider;

•

Allowing for qualified individuals to provide training to unpaid caregivers;

•

Waiving choice of provider requirements;

•

Waiving the managed care network adequacy requirements under federal law;

Waiving requirements to complete initial and required periodic credentialing of
•
network providers;
•

Adding a verbal and electronic method to signing required documents;

Allowing the option to conduct evaluations, assessments, and person-centered service
•
planning meetings virtually or remotely in lieu offace-to~face meetings;
Allowing the lessening of prior approval or.authorization requirements;
Allowing for data entry of incidents into the incident reporting system outside of typical
•
timeframes;
•

Waiving the requirement to distribute member-centered plans to essential providers;

Allowing DHS to draw federal financing match for payments, such as hardship or
supplemental payments, to stabilize and retaifi providers who suffer extreme disruptions to their
standard business modelC>rrevenue streams as a result of the 2019 novel coronavirus;
.

.

Allowing DHS to waive participant liaqility for room and board when temporarily
•
sheltered at noncertified facilities;
•

Allowi~g payment for home and community-based waiver services;

Allowing manag~d care enroHees to proceed almost immediately to a state fair hearing
• ··
without having a managed care plan resolve the appeal first by permitting DHS to modify the
timeline for managed care plans to resolve appeals to one day so the impacted appeals satisfy the
exhaustion requirements and give enrollees more time to request a fair hearing;
Waiving p11b}icnotice requirements that would otherwise be applicable to waiver
changes;
Modifying the tribal consultation timelines to allow for consultation at the next future
tribal health directors meeting;
Waiving timelines for reports, required surveys, and notifications;
Allowing the extension of the certification period of level-of-care screeners;
Allowing the waiver of requirements related to home and community-based settings on
•
a case by case basis in order to ensure the health, safety and welfare of affected beneficiaries under

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 federal law;
Applying any provisions under this paragraph automatically to the concurrent 1915 (b)
waiver;
Allowing the waiver enrollment or eligibility changes based on a completed functional
•
screen resulting in a change in level-of-care;
Allowing for continued enrollment in the Children's Long-Term Supports program past
•
the ages of 18 and 21; and
Allowing the suspension of involuntary disenrolhnent. .

3.

GRANTS FOR UNREIMBURSED COVID-19 COSTS

Authorize the Department of Health Services to submit a request to the Joint Committee on
Finance during the 2019-21 biennium for an appropriation supplement to make grants to healthcare
providers for unreimbursed costs associated with treatment of patients with COVID-19.

4.

HOURS OF INSTRUCTIONAL PROGRAMMING FOR NURSE AIDES

Prohibit the Department of Health Services from requiring an instructional program for nurse
aides in Wisconsin to exceed the federally required minimum total training hours or minimum
hours of supervised practi9(lltraining.
Currently, nurse aides in Wisconsin are required to complete a minimum of 120 total training
hours, including 32 hours of superyised practical training. Federal law currently requires nurse
aides to complete ~5 total training hours~ inclucling 16 hours of supervised practical training.

5.

HOSPITAL AND DHS REPOR'I'ING REQUIREMENTS

Require every hospital, isolation facility, and other entity that provides hospitalization (hereafter,
"facilities") to submit information to the Department of Health Services (DHS), and require DHS to
publicly report inforI11ationit receives , as described below.

Facility Reporting
Daily Reports. Require every facility to report the following information to DHS daily: (a) the
number of new positive COVID-19 test results for individuals working at the facility and for patients;
(b) the daily census of COVID-19 patients in the facility; (c) the daily census of presumptive
COVID-19 cases in the facility; (d) the total number of COVID-19 patients, including presumptive
cases, in a bed in the facility's intensive care unit (ICU); and (e) the total number of COVID-19
patients, including presumptive cases, who are on ventilators. Specify that these requirements begin
on the date of the first case of COVID-19 at the facility.
Weekly Reports. Require every facility to report the following information on a weekly basis:

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 (a) the nwnber of COVID-19 patients at the facility who moved from a regular hospital bed to a bed
in an intensive care unit, and, as applicable, onto a ventilator, including the amount of time each
patient spent at each level of care; (b) the number of COVID-19 patients at the facility who moved
from a bed in an intensive care unit or being on a ventilator to a regular hospital bed, including the
amount of time each patient spent at each level of care; (c) the nwnber of patients who were
confirmed to have COVID-19 and who were released from the facility, including the amount of time
each patient spent in the facility. Specify that these requirements begin on the date of the first case
of COVID-19 at the facility.

Reporting Ventilators Owned by Facilities. By April 14, 2020, require each facility to report
to DHS the number of ventilators they own on that date. Further, require each facility to report to
DHS any change in the number of functional ventilators it owns, including the number of ventilators
it owns that are no longer functional, the day after the facility's number of functional ventilators
changes.

DHS Reporting and Authority to Withhold CARES Act Funds for Noncomplia}J.ce
DHS Reporting. Beginning April 24, 2020, require DI-IS to report publicly all of the following:
(a) on a daily basis, the information facilities are required to report on a daily basis; (b) on a weekly
basis, the information facilities are required to report on a weekly basis; and ( c) the daily availability
of ventilators in the state, including any ventilators acquired directly by DRS; and (d) the total
.
number of individuals in the state that are using ventilators.
linposition of Penalties for Noncompliance. Authorize DHS to create a metric to allow the
Department to measure compliru:ice with the data reporting requirements and to withhold funding
available under the federalCoronavirus Aid, Relief; and Economic Secmity (CARES) Act (P .L. 116136) to noncompliant health care providers.

6.

TO
PAYMENTS
INCENTIVE
MEDICAL ... ASSISTANCE
PARTICIPATION IN HEALTH INFORMATION EXCHANGE

ENCOURAGE

Require the Department .of Health Services to develop, under the MA program, a payment
system based on performance to incentivize participation in health information data sharing to
facilitate better patient care, reduced costs, and easier access to patient information.
Require DHS to establish performance metrics for the payment system that satisfy all of the
following: (a) the metric must include participation by providers in a health information exchange at
a minimum level of patient record access; (b) the payment under the payment system must increase
as the participation level in the health information exchange increases; (c) the payment system must
begin in the 2021 rate year; and (d) for purposes of this payment system, require DRS to seek any
available federal moneys, including any money available for this purpose under the federal
Coronavirus Aid, Relief, and Economic Security Act (P .L. 116-136), to assist small, rural providers
with the costs of inf01mation technology setup to participate in the health information exchange.

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 7.

SENIORCARE COVERAGE OF VACCINATIONS

Expand the SeniorCare prescription drug assistance program to include coverage of
vaccinations that are recommend for administration to adults by the Federal Centers for Disease
Control and Prevention's advisory committee on immunization practices and approved for the
administration to adults by the Wisconsin Department of Health Services. Require DHS to provide
reimbursement under SeniorCare for the administration of vaccinations to health care providers,
including pharmacie s and pharmacists , provided that the enrollee has met the program 1s deductible
requirements or is not required to pay a deductible. Require the Department to use the same method
of reimbursement for the ingredient and dispensing fees as is used for vaccinations under the medical
assistance program. Require the Department to devise and distribute adaim form for use by health
care providers for vaccinations. Authorize DHS to limit payment for vaccinations to claims that are
submitted directly to the Department and specify that DHS may apply the same utilization and cost
control procedures for vaccinations that apply under the medical assistance program .
Require DHS to seek to enter into rebate agreerients with manufacturers who sell vaccines,
modeled on current rebate agreements used in the program for prescription chugs. Specify that to the
extent that rebate agreements are in place for vaccines , manufacturers must make rebate payments
for vaccines for which reimbursement was provided under the SeniorCare program.
SeniorCare is a program administered byDHS that provides assistance with the purchase of
prescription drugs for enrollees. To be eligible, enrollees must be at least 65 years old and meet
income thresholds. Enrollees with an income exceeding 160% of the federal pove1ty level must meet
a deductible requirements before becoming eligible for program benefits.

-INSURANCE

1.

NO COST SHARING FOR COVID-19 TESTING DURING 2020

Require any self-insured health plan offered by a local government or school district, any
health insurance policy, and any state health plan that generally covers testing for infectious diseases
to provide coverage of testing for COVTD-19 without imposing any copayment or coinsurance on
the individual covered under the policy or plan, for any such testing done prior to March 13, 2021.

2.

PROIDBIT COVERAGE DISCRIMINATION BASED ON COVID-19

Prohibit any insurer, pharmacy benefit manager , or self-insured health plan from using a
current or past diagnosis, or suspected diagnosis, of COVID-19, as the ba sis for doing the following:
(a) establishing rules, applicable to an individual or employer or other group, for eligibility for
enrollment, continued eligibility to remain enrolled , or renewal of coverage; (b) canceling coverage
during a contract term; (c) establishing rates for coverage; or (d) refusing to grant a grace period for

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 the payment of premium, if a grace period for payment of premium would generally be granted under
the plan.

3.

PRESCRIPTION DRUG LIMITS

Prohibit any health insurance policy, state employee health plan, or self-insured health plan
offered by a local government or school district, or a pharmacy benefit manager acting on behalf of
a policy or plan from doing the following during the period covered by the state of emergency related
to public health declared by the Governor on March 12, 2020, unde:r Executive Order 72: (a)
requiring prior authorization for early refills of a prescription drug or otherwise restrict the period of
time in which a prescription drug may be refilled; or (b) imp()sirtg a limit on the quantity of
prescription drugs that may be obtained if the quantity is no more than a 90~day supply. Specify that
these restrictions do not apply to a prescription drug that is classified as a controlled substance by
the Controlled Substances Board.

4.

LIABILITY INSURANCE FOR PHYSICIANS AND NURSE ANESTHETISTS

Specify that, during the public health emergency declared on March 12, 2020, under Executive
Order 72, any physician or nurse anesthetist {or whom Wisconsin not a principal place of practice
but who is authorized to practice in Wisconsin ona t~mporary basis, may fulfill the state's practice
liability insurance requirements by filing with the Office of the Commissioner of h1surance a
certificate of insurance for a policy of health care liability insurance issued by an insurer that is
authorized in a jurisdiction, accredited by the National Association of Insurance Commissioners.
Specify that such a physician or nurse anesthetist may elect, in a manner specified by the Insurance
Commissioner by rule, to .be subject to the state's liability provisions and the state1s injured patients
and families compensation program. '
...
·---,....
..
Health care .providers are generally required to obtain liability insurance coverage, issued by
an insurerauthorized to dobusiness in Wisconsin, for $1,000,000 per claim or occurrence and for
$3,000,000 for all claims or occurrences in a year. Liabilities in excess of those amounts are paid
from the state 1s injured patients and families compensation program , which is funded from
assessments collected on providers. This item would allow out-of-state physicians and nurse
anesthetists who are authorized to practice in Wisconsin on a temporary basis during the declared
public health emergency, to satisfy liability insurance requirements with a policy issued by an insurer
authorized for business in another state or jurisdiction.

is

·:

5.

LIABILITY FOR PROVIDERS OF HEALTH SERVICES DURING COVID-19
PUBLIC HEALTH EMERGENCY

Specify that any health care professional, health care provider or employee, agent, or
contractor of a health care professional is immune from civil liability for the death of or injury to any
individual or any damages caused by actions or omissions taken in providing services to address, or
in response to, the COVID-19 outbreak under circumstances that satisfy all of the following
conditions: (1) the actions or omissions do not involve reckless or wanton conduct or intentional

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 misconduct; (2) the services are provided during a state of emergency declared by the Governor for
the state or part of the state or during a period extending 60 days following the expiration of the state
of emergency; and (3) the acts or omissions are substantially consistent with any of the following:
(a) any direction, guidance, recommendation, or other statement made by a federal, state, or local
official to address the COVID-19 outbreak; or (b) any guidance published by the Department of
Health Services, the federal Department of Health and Human Services, or any divisions or agencies
of the federal Department of Health and Human Services relied upon in good faith.
Specify that the liability protections established under these provisions do not apply if: (a)
current statutory protections indemnifying volunteer practitioners or health care facilities during a
public health emergency apply; or (b) current statutory limitations on liability of state or local units
of government, or public shelters during a public health emergency apply,
For the purposes of this provision, the term "health care professional" would be defined as an
individual who is licensed, registered, or certified by the Medical Examining Board or the Board of
Nursing.

6.

OUT-OF-NETWORK CHARGES AND PAYMENTS DURING A PUBLIC HEALTH
EMERGENCY RELATED TO COVID-19
""·\

··...

·,_

Specify that, during a public health emergency related to the COVID-19 outbreak that is
declared by the Secretary of the U.S. Department of Health and Human Services or by the Governor,
any defined network or preferred provider health plan may not require an enrollee to pay, including
cost sharing, for a service, treatm<!nt,or supply rendered by a provider that is not in the plan's network
more than the enrollee would pay if the service, treatment, or supply is rendered by an in-network
provider, if the following apply: (a) .the service, treatment, or supply is related to a diagnosis or
(b) tile service, treatment, ·or supply is rendered by an out-of-network
treatment for COVID-19; ancl
provider because no in-network provideds available due to the public health emergency. Specify
that, in these circumstances, the plan must reimburse the out-of-network provider at 225 percent of
the rate the federal Medicare program reimburses the provider for the same or a similar service,
treatment, or supply in the same geographic area.
Specify that, during a declared public health emergency related to COVID-19, any health care
provider or facility that renders a service, treatment, or supply to ru1 enrollee of a defined network
plan or preferred provider plan that does not include the health provider or facility in its network
must accept as payment in full any payment that is at least 225 percent of the Medicare rate for a
similar service, treatment, or supply in the same geographic area. Prohibit the provider from charging
the enrollee an amount that exceeds the amount the provider of facility is reimbursed by the defined
network plan or preferred provider plan.
Authorize the Insurance Commissioner to promulgate any rules necessary to implement these
provisions.

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 LEGISLATURE

1.

LEGISLATIVE AUDIT BUREAU CRITERIA AND REPORTING

Specify in a nonstatutory provision that, beginning July 1, 2020, and continuing through June
30, 2021, the Legislative Audit Bureau must use risk-based criteria to review selected programs
affected by this proposal and selected expenditures made with funds authori:zed under this proposal.
Further, require the Legislative Audit Bureau to report the results of its reviews at least quarterly to
the Joint Legislative Audit Committee and to the Legislature. Risk-based criteria could include
review of expenditures at or above a certain threshold levels or the review of more recently created
statutory programs.

PUBLIC INSTRUCTION

1.

SCHOOL AND SCHOOL DISTRICT ACCOUNTABILITY REPORTS

Specify that the Department of Public Instruction would not be required to publish school and
school district accountability reports for the 2019-20 school year.
Under current law, DPI is required to publish accountability reports annually no later than
November 30. The report cardsissued eachJ~ll are based on data from assessments administered the
previous spring. ··

2.

PUJ?ILASSESSMENTS

Specify that current law rnquiring assessments to be administered annually to pupils attending
school in a public school district, independent charter school, private choice school, or special needs
scholarship program school would not apply in 2019-20. Current law requires pupils to be given
annual reading test in the 3rd grade, as well as assessments adopted by the State Superintendent in
the 4th, 8th, 9th, 10th, and I Ith grades.
Specify that pupil perfonnance on assessments in the 2019-20 could not be considered for the
evaluation of teachers and principals under the statewide educator effectiveness system. Under
current law, the educator effectiveness system must be based in part upon measures of pupil
performance, including performance on state assessments.
Modify statutory language under the Opportunity Schools and Partnership Program (OSPP)
to accommodate a one-year lapse in administering statewide assessments and publishing
accountability reports. Under current law, a school district is subject to an OSPP if it is placed in the

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 lowest performance category in the school district accountability reports published in the three
previous school years; no districts currently meet those criteria.

3.

VIRTUAL INSTRUCTION REPORTS

Require school boards to submit a report to the Department of Public Instruction (DPI) by
November 1, 2020, regarding virtual instruction provided during the public health emergency in the
2019-20 school year during which public schools are closed by the Department of Health Services.
The report would be required to include the following: (a) whether or not virtual instruction was
implemented in the school district during the public health emergency, and, if so, in which grades it
was implemented; (b) if virtual instruction was implemented, the process for implementing the
vittual instruction; (c) for each grade level, the average percentage oLthe 2020 spring semester
instruction that was provided to pupils, including both in-person and virtual instruction; (d) whether
anything was provided to pupils during the 2020 summer to help pupils learn content that they missed
because of the public health emergency and, if so, what was provided to pupils; (e) recommendations
for best practices for transitioning to and providing virtual instruction when schools are closed; (f)
any challenges or barriers the school board faced related to implementing virtual instruction during
the public health emergency; (g) by position type, the number of staff members who were laid off
during the public health emergency; (h) the number oflunches thegchool board provided during the
public health emergency; and (i) the total amountby which the school board reduced expenditures
during or because of the public health emergency in each of the following categories: utilities,
transpmiation, food service, personnel (including reductioni, resulting from layoffs), and contract
terminations. For purposes ofth~ report, virtual instruction would include any instruction provided
through means of the Internet, if the pupils parti~ipating in and instmctional staff providing the
instruction are geograpl1,icallyremoteJrom each other.
Require DPI to compile and suqmit the information received from the school board reports to
the appropriate stat1ding committees of the Legislatureno later than January 1, 2021.

4.

HOURS OF INSTRUCTION FOR PRIVATE SCHOOLS

Specify that current law requiring a private school participating in a choice program to provide
at least 1,050 hours of direct pupil instruction in grades 1 to 6 and at least 1,137 hours of direct pupil
instruction in grades?to 12 would not apply in the 2019-20 school year.
Additionally, specify that the hours of instruction required for an institution to be defined as a
private school would not apply in the 2019-20 school year. Under current law, an institution must
meet certain criteria to be considered a private school, including providing at least 875 annual hours
of instruction.

5.

STATEWIDE PRIVATE SCHOOL CHOICE ENROLLMENT DATES

Specify that the enrollment period for pupils who wish to participate in the statewide private
school choice program in the 2020-21 school year could extend up to 60 days after the last day of

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 the public health emergency. Require participating private schools to submit to the Department of
Public Instruction (DPI) the number of pupils who have applied to attend the public school and the
names of those applicants whose siblings have also applied to attend the private school within 14
days after the close of the enrollment period.
Under current law, the application period for the statewide choice program extends from the
first weekday in February to the third Thursday in April, and schools must submit applicant
information to DPI by the first weekday in May. For the 2020-21 school year, the final application
period for pupils attending a private school under the Racine program ends on September 14, 2020,
and the final application period for Milwaukee pupils ends on January5, 2021.

REVENUE

1.

PROPERTY TAX INTEREST PAYMENTS

For any property taxes payable in 2020 tllat are due after February 1, 2020, waive any interest
charges and penalties for late payment, provided that the full amount of the payment is received on
or before October 1, 2020. For any property taxes payablein2020 that are delinquent after October
1, 2020, interest charges and pe11altieswould begin accruing as ofOctober 1, 2020.

2.

INTEREST AND PENALTIES DUE ON TAXES OWED DURING THE PUBLIC
HEAL TH EMERGENCY
·-

Permit the Secretary of the Department of Revenue to waive interest and penalties for persons
that owe, .but fail to remit, g~meralfund taxes, or taxes or fees that are deposited in the transportation
fund, by the filing date if, in the Secretary's determination, that person failed to timely remit those
taxes due to the effects of the .coronavirus outbreak of 2020. Specify that the Secretary must make
this determination on a case-by-.case basis. Specify that this provision applies only to general fund
taxes, or taxes and fees that are cieposited in the transportation fund, with filing dates that fall within ,
and interest and penalties that accrue during, the public health emergency that was declared by the
Governor on March 12, 2020, by Executive Order 72, including any extension of time authorized
under a joint resolution by the Legislature.

3.

INCOME AND FRANCIDSE TAX FILING EXTENSION

President Trump declared a national emergency in response to the coronavirus outbreak on
March 13, 2020. Following this declaration, the Treasury Department and Internal Revenue Service
annow1ced on March 21, 2020, that the deadline for filing federal income tax returns is extended
from April 15, 2020, to July 15, 2020. Taxpayers who make estimated income tax payments that
would otherwise be due on April 15 can make such payments by July 15 without incurring any

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'1 ··.

 interest or penalties, regardless of amounts owed by a taxpayer. A taxpayer need not file any
additional forms in order to qualify for this extended due date.
Wisconsin law provides similar treatment such that state income and franchise taxpayers with
tax filing due dates of April 15, 2020, will have until July 15, 2020, to file their state income or
franchise tax returns for tax year 2019, or make their first tax year 2020 estimated payment, without
interest, penalty, or underpayment interest applying until that date.

SAFETY AND PROFESSIONAL SERVICES

1.

HEALTH CARE PROVIDER CREDENTIAL RENEWALS

Specify that a health care provider credential, as defined below, is not subject to renewal, or
any other conditions for renewal, including continuing education, and remains valid during the
period covered by the public health emergency declared on March 12, 2020, by Executive Order
72, including any extension, and continuing f9r 60 days after the end of the period covered by the
public health emergency declared on March 12,'2020, by Executive Order 72, including any
extension. Specify that these changes are notwithstanding the Department's general statutory
authority and requirements relating to notice of renewals; renewal dates, fees, and applications;
and late renewals, as well as :the applicable statutory provisions for the health care provider
credentials, but subjectto any professional discipline imposed on the credential.
Specify that a renewal that occ:urs subsequent to the public health emergency declared on
March 12, 2020, l>yExecutive Order 72; iricluding any extension, is not subject to the statutory
late renewalfee if the application to renew the credential is received before the next applicable
renewal date. NotwithstancHng the applicable statutory provisions for the health care provider
credentials, the applicable credentialing hoard may, for that next applicable renewal date, provide
an exemption, from, or reductiop of, continuing education or other conditions for renewal.
Definition. For these purposes, define a "health care provider credential" to mean any
credential issued under the following state statutory chapters: Board of Nursing (ch. 441 );
Dentistry Examining Board (ch. 447); Medical Practices (ch. 448); Pharmacy Examining Board
(ch. 450); Psychology Examining Board (ch. 455); Massage Therapy and Bodywork Therapy (ch.
460); or Radiographers and Limited X-Ray Machine Operators (ch. 462).

2.

TEMPORARY CREDENTIALS FOR FORMER HEALTH CARE PROVIDERS
DURING THE CURRENT PUBLIC HEALTH EMERGENCY

Authorize the Department of Safety and Professional Services (DSPS) to grant temporary
credentials to certain former health care providers during the state public health emergency
declared on March 12, 2020 under Executive Order 72, as follows.

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 Issuance of Temporary Credentials. Require DSPS to grant a temporary credential to a health
care provider if all of the following apply: (a) the health care provider submits an application to
DSPS: and (b) DSPS determines that the health care provider satisfies the eligibility requirements
for the credential and is fit to practice after conducting an investigation of the health care provider's
arrest or conviction record and record of professional discipline. Require DSPS to notify the health
care provider ifDSPS denies the provider's application for a temporary emergency credential.
Specify that, notwithstanding statutory prohibitions on practicing as a nurse, nurse-midwife,
dentist, dental hygienist, physician, physician assistant, perfusionist, respiratory care practitioner,
or pharmacist, unless credentialed under the appropriate statutory section, .a health care provider
granted a temporary credential under these provisions may provide services for which the health
care provider has been licensed or certified.
Require any health care provider who provides services authorized by a temporary credential
under these provisions to maintain malpractice insurance · that satisfies the requirements of the
profession for which the health care provider has been licensed or certified.
·.

·.

Duration of Credential. Specify that a temporary credential . granted under this provision
expires 90 days after the conclusion of the period covered bythe public health emergency declared
on March 12, 2020, by Executive Order 7i, including any extension.
Authority to Waive Credential Fees. Provide that, during the period covered by the public
health emergency declared on March 12, 2020, by Executive Order 72, including any extension,
DSPS may waive fees for applications for an initial credential arid renewal of a credential for
registered nurses, licensed practical nurses, nurse-midwives, dentists, physicians, physician
assistants, perfusionists, respiratory .care practitioners, pharmacists, psychologists, clinical social
workers, independent social workers; social workers, marriage and family therapists, professional
counselors, and clinical substance abµse counselors.
Definitions. For .these purposes, define 0 health care provider 11 to mean an individual who
was at any time within the previous five years, but is not currently, any of the following, if the
individual's credential was never revoked; limited, suspended, or denied renewal: (a) licensed as a
registered nurse, licensed practical nurse, or nurse-midwife under ch. 441 of the Wisconsin state
statutes; (b)licensed as a denti~t under ch. 447 of the Wisconsin state statutes; (c) licensed as a
physician, physici~n assistant, or perfusionist wider ch. 448 or certified as a respiratory care
practitioner undereh. 448 of the Wisconsin state statutes; (d) licensed as a pharmacist under ch.
450 of the Wisconsin state statutes; (e) licensed as a psychologist under ch. 455 of the Wisconsin
state statutes; (f) a clinical social worker, marriage and family therapist, or professional counselor
licensed under ch. 457 or an independent social worker or social worker certified under ch. 457 of
the Wisconsin state statutes; (g) a clinical substance abuse counselor certified under s. 440.88 of
the Wisconsin state statutes; or (h) any practitioner holding a credential to practice a profession
that is identified by the Department of Health Services during the period covered by the public
health emergency declared on March 12, 2020, by Executive Order 72, including any extensfon of
the public health emergency.
Define: (a) "credential" to mean license or certificate: and (b) "department" to mean DSPS.

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 3.

TEMPORARY CREDENTIALS FOR HEALTH CARE PROVIDERS FROM OTHER
STATES

Authorize DSPS to grant temporary credentials to ce11ainhealth care providers from other
states during the period covered by the public health emergency declared on March 12, 2020 under
Executive Order 72, including any extension of the public health emergency, as follows.
Temporary Credentials. Require DSPS to grant a temporary credential to a health care
provider, as defined below, if all of the following apply: (a) the health care provider submits an
application to DSPS, and (b) DSPS determines that the health care provider satisfies the eligibility
requirements for the credential and is fit to practice after conducting an investigation of the health
care provider1s arrest or conviction record and record of professional discipline. Authorize DSPS
to determine the appropriate scope of review of the background of a health care provider who
applies for a temporary credential under this paragraph. Reqllirethat if DS:PS denies a health care
provider's application for a temporary credential under this section, DSPS must notify the health
care provider of the reason for the denial.
Specify that, notwithstanding statutory prohibitions on practicing as a nurse, nurse-midwife,
dentist, dental hygienist, physician, physician assistant, perfusionist, respiratory care practitioner,
or pharmacist, unless credentialed under tp.e appropriate statutory section, a health care provider
granted a temporary credential under this paragraph may provide services for which the health
care.
Require that a health care provider who provides services authorized by a temporary
credential granted under these provisions, must maintain malpractice insurance that satisfies the
requirements of the profession for 3/hich the health care provider has been licensed or certified.
Duration of the Temporary Credential. Specify that a temporary credential granted under
this paragraph expires 90 days after the <con~lusion of the period covered by the public health
emergency declared on .March 12, 2020, by Executive Order 72, including any extension.
Fee Waiver. Notwithstandingthel)epartment 1s authority to require standard fees for initial
credentialing and examinations and the applicable fee provisions in state statute, during the period
covered by the public health emergency declared on March 12, 2020, by Executive Order 72,
including any extension, authorize DSPS to waive fees for applications for an initial credential and
renewal of a credential for: registered nurses, licensed practical nurses, nurse-midwives, dentists,
physicians, physician assistants, perfusionists, respiratory care practitioners, pharmacists ,
psychologists, clinical .social workers, independent social workers, social workers, marriage and
family therapists, professional counselors, and clinical substance abuse counselors.
Definitions. Define "health care provider 11 to mean an individual who holds a valid,
unexpired license, certificate, or registration granted by another state or territory that authorizes or
qualifies the individual to perform acts that are substantially the same as the acts that any of the
following are licensed or certified to perform: (a) a registered nurse, licensed practical nurse, or
nurse-midwife under ch. 441 of the Wisconsin state statutes; (b) a dentist licensed under ch. 44 7
of the Wisconsin state statutes; (c) a physician, physician assistant, or perfusionist licensed under
ch. 448 or a respiratory care practitioner certified under ch. 448 of the Wisconsin state statutes; (d)

Page 24

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WI-SEN-20-0888-A-000059

 a pharmacist licensed under ch. 450 of the Wisconsin state statutes; (e) a psychologist licensed
under ch. 455 of the Wisconsin state statutes; (f) a clinical social worker, marriage and family
therapist, or professional counselor licensed under ch. 457 or an independent social worker or
social worker certified under ch. 457 of the Wisconsin state statutes; (g) a clinical substance abuse
counselor certified under s. 440.88 of the Wisconsin state statutes; or (h) any practitioner holding
a credential to practice a profession that is identified by the Department of Health Services during
the period covered by the public health emergency declared on March 12, 2020, by Executive
Order 72, including any extension of the public health emergency.
In addition define: (a) "credential" to mean license or certificate and (b) "department" to
mean the Department of Safety and Professional Services (DSPS).

4.

PRESCRIPTION
EMERGENCIES

ORDER

EXTENSIONS

DURING

PUBLIC

HEAL TH

Expand the manner in which a pharmacist can extend a prescription order. Specify that if a
pharmacist receives a request for a prescription to be refiHed and the prescription cannot be refilled
under current state statutes governing initial fills and refills, the pharmacist may, subject to certain
statutory conditions, extend the existing prescription order and dispense the drug to the patient, if
the pharmacist has not received and is not aware of written or otalinstructions from the prescribing
practitioner prohibiting further dispensing pursuant to.or extension of the prescription order.
Prohibit a pharmacist from extending a prescription <order under this section if: (a) a
prescribing practitioner has indicated, by writing on the face of the prescription order or, with
respect to a prescription order transtnitted electronically, by designating in electronic format the
phrase "No extensions,'' or words of similar meaning; (b) the prescription is for a drug that is a
controlled substance; or (c) if a prescription order was previously extended for that particular
patient during tl~e period covered bya public health emergency declared by the Governor,
including any extension.of that public health emergency.
Fmiher, prohibit a pharmacist acting under this provision from extending a prescription
order to dispense more than a 30-day supply of the prescribed drug, except that if the drug is
typically packaged in a form that requires a pharmacist to dispense the drug in a quantity greater
than a 30-day supply , the pham1acist may extend the prescription order as necessary to dispense
the drug in the smallest quantity in which it is typically packaged.
Require that a pharmacist, at the earliest reasonable time after acting under this provision,
notify the prescribing practitioner or his or her office. However, specify that the pharmacist is not
required to attempt to procure a new prescription order or refill authorization for the drug by
contacting the prescribing practitioner or his or her office prior to acting under this provision.
Authorize the pharmacist, after acting under this provision, to notify the patient or other individual
that any fmther refills will require the authorization of a prescribing practitioner.
Specify that the authority granted under this provision applies only during the period
covered by a public health emergency declared by the governor, including any extension. During
that time, clarify that this paragraph supersedes existing circumstances under which a pharmacist

Page25

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 may extend a prescription order to the extent of any conflict.

5.

AUTOPSIES AND CREMATION OF BODIES OF PERSONS WHO DIED OF
COVID-19

For the period covered by the public health emergency declared on March 12, 2020, by
Executive Order 72, including any extension, specify that:

If a physician has signed the death certificate of a deceased person and listed COVID•
19 as the underlying cause of death, a coroner or medical examiner may issue a cremation pennit to
cremate the corpse of that deceased person without viewing the corpse;
If a physician has signed the death certificate of a deceased person and listed COVID•
19 as the underlying cause of death, a coroner or medical examiner must issue, within 48 hours after
the time of death, a cremation permit for the cremation of a corpse of a deceased person;
.

.

...

If the underlying cause of a death is detennjned to be COVID-19, the person required
to sign the death certificate must provide an electronic signature on the death certificate within 48
hours after the death occurs; and

•

If an 111dividualdies of COVII)-:)9 while he or she is in the legal custody of the

Department of Corrections and confined to a correctiona,l facility located in this state, an autopsy on
the deceased individual may be perfonned by any coroner ormedical examiner in this state.
Define 11COVID-19''

tomean an infection caused by the SARS-Co V-2 coronavirus.

Under current law, a coroner ormedical examiner must view the corpse of a deceased person
before issuing a cremation pennit, and the corpse may not be cremated within 48 homs after the
was caused by a contagious or infectious disease.
death unless the 4~~th
. ·. .

.

-:· - :.·

.· ...

Further, under current law, ifan individual dies while he or she is in the legal custody of the
Department of Corrections and confined to a correctional facility located in this state, an autopsy on
the deceased individual must be performed by the coroner or medical examiner of the county where
the death occurred.

WORKFORCE DEVELOPMENT

1.

TEMPORARY SUSPENSION OF THE UNEMPLOYMENT INSURANCE WAITING
WEEK

Provide that the waiting week requirement under current law would not apply with respect to
benefit years that begin on or after March 12, 2020, so as to apply to the public health emergency

Page 26

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 declared on March 12, 2020, by Executive Order 72, and before January 3, 2021. Require the
Department of Workforce Development (DWD) to seek the maximum amount of federal
reimbursement for benefits that are payable for the first week of a claimant's benefit year as a result
of the application of this provision.
The CARES Act provides 100% federal funding of the first week of regular UI benefits for
states with no waiting week through December 31, 2020, plus administrative expenses incurred to
implement this provision. Under the Act, states may enter into an agreement with U.S. Department
of Labor (USDOL) for this funding if the state law, including a waiver of state law, provides that
compensation is paid to individuals for their first week of regular unemployment without a waiting
week. A state-federal agreement would apply to weeks of unemploYJ:llentbeginning after the date
on which the agreement is entered into and ending on December 31 , 2020. An agreement
implementing this and other VI-related provisions of the CARES Act was signed by the DWD
Secretary and USDOL on March 28, 2020.
Under current law, the claimant's waiting period is the first week of a claimant's benefit year
for which the claimant is otherwise eligible for regular benefits. During a claimant's waiting period,
no benefits are payable to the claimant. The waiting period does not affect a claimant's maximum
benefit amount, which is 26 weeks ofregular state benefits. However, claimants who do not reach
the state's 26-week limit effectively receive one less week of b~nefits due to the waiting week
requirement. A claimant must serve one waiting :\Yeekper benefit year.

2.

NON-CHARGING EMPLOYER UNEMPLOYMENT INSURANCE ACCOUNTS

Require the Department of Workforce Development, when processing claims for
unemployment insurance (UI) benefits and evaluating work-share plans, to determine whether a
claim or plan is related to the public health emergency (PHE) declared by the governor under
Executive Order #72.
Provide that if a claim or plan is related to a PHE, regular benefits for that claim for weeks
occurring after March 12, 2020, and before December 31, 2020, not be charged to an employer's
UI accountas nom1ally provided. Instead, under the provision, UI benefits for those weeks would
be charged to either: (a) the balancing account of the UI Trust Fund for contribution employers; or
(b) DWD 1s existing interest and penalties account for reimbursable employers that are not subject
to contribution requirements. _,·
Under the provision, PHE non-charging provisions would not apply: (a) if the employer fails
to timely and adequately provide any information required by the department; (b) to any benefits
paid or reimbursed by the federal government, including the portion of any benefits reimbursed by
the federal government for reimbursable employers; (c) to a claim for regular benefits that is a
combined wage claim; (d) to work-share benefits reimbursed by the federal government; or (e) to
certain benefits chargeable based on employment with the federal government.
Under current law, some UI benefit payments are not charged to a specific employer's
account but are instead charged to the balancing account. The state 1s UI balancing account is
supported by the solvency tax paid by employers and any interest earned on the state 1s UI trust

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WI-SEN-20-0888-A-000062

 fund balance. There are seven basic categories of benefit payments charged to the balancing
account: 10% write-offs, quits, misconduct , substantial fault, continued employment , approved
training, and second benefit year. In the past, there have been other benefit programs that have
been charged to the balancing account, including in 2002 when state temporary supplemental
benefits were charged to the account.

3.

WORK SHARE PLAN REQUIREMENTS

Temporarily suspend, from the effective date of the provision through December 31, 2020,
certain requirements of voluntary work-share plans submitted by employers, including: (a) the
requirement that a work-share plan be limited to a particular work unit of the employer; (b) the
requirement that the reduction in working hours under a work-share program must be at least 10%
but not more than 50% of the nonnal hours per week of the employees included under the plan;
(c) the requirements that at least 10% of the employees in a work unit be included in a work-share
plan, and that the employer provide for initial coverage under the plan of at least 20 positions that
are filled on the effective date of the work-share program; and (d) the requirement that reduced
working hours be apportioned equitably among employeesin the work-share program.
Specify that, during the suspension period: (a) work-sha.re plans cover any employees of the
employer; (b) the permissible reduction in W()rkinghours under a work-share program be not more
included un~er a work-share plan; and
than 60% of the normal hours per week of the eri:l.ple>yees
(c) work-share plans cover at least two positions that are filled on the effective date of the workshare program.
Require the Department to allow employers to submit applications under this section using
an online form, and require DWDto assist employers with submitting applications and developing
work-share plans.
Allow the PWD Secretary to waive compliance with any temporary change required under
this provision ifthe Secretary determines that the waiver of the requirement is necessary to permit
continued federal certification of the statc;'sUI program, or is necessary for the state to qualify for
full federal financial participation in the cost of administration of the state's work-share program
and in the financing of UI benefits to employees participating in the work-share program.
Work-share programs 1 which are also called "short-term compensation programs" under
federal law, are designed to provide a prorated unemployment benefit for employees of employers
who voluntarily make anagreement with the state to reduce work hours instead of laying off
workers. For states that currently have a federally approved work-share program, like Wisconsin,
the CARES Act would provide 100% federally funded UI benefits through December 31, 2020.
Under current law, Wisconsin's work-share program is funded entirely through the employer's UI
account.

4.

EMPLOYEE RECORDS DURING A PUBLIC HEAL TH EMERGENCY
Provide that during the period covered by a state of emergency related to a public health

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WI-SEN-20-0888-A-000063

 emergency declared by the Governor, an employer is not required to provide an employee's
personnel records within seven working days after an employee makes a request to inspect his or
her personnel records, and an employer is not required to provide the inspection at a location
reasonably near the employee's place of employment during normal working hours.
The statutes provide an employee or former employee has a right, with some exceptions, to
inspect an employer's personnel documents that are used or have been used to determine the
employee's qualifications for employment, promotion, transfer, additional compensation,
termination or other disciplinary action, as well as view the employer's medical records of the
employee. An employee may make such a request up to two times each calendar year. The
provision would suspend, only during a public health emergency, the application of the two
requirements described that employers must otherwise follow in accommodating an inspection
request.

Page 29

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 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Tuesday, April 07, 2020 7:44 PM
Pennoyer, Kara - GOV; Toftness, Jenny; Pritzkow, Emily; Palese, Tony
RE:Time to compare proposals?

Hi Kara,

The memo you have represents a package of proposals that were derived largely from the list sent to us by the
Governor's office on March 21. Many of the items contained in the memo also reflect proposals that the Democratic
caucuses expressed support for in a letter on April 1st. While this memo does not represent a final "deal", all four
legislative leadership offices received the memo today, and are reviewing and discussing it.

-Dan // Fitzgerald office

From: Pennoyer, Kara - GOV

Sent: Tuesday, April 07, 2020 4:52 PM
To: Toftness, Jenny; Romportl, Dan; Pritzkow, Emily; Palese, Tony

Subject: Time to compare proposals?

Hello again,
Now that we have your memo we would like to find a time to discuss your proposal as it compares to what the
Governor has put forward.
Is this an exhaustive list of the provisions in your bill and does this represent an agreement between the majority
party in the Senate and the Assembly? At first glance, we are concerned by the omission of support for small
businesses, farmers, healthcare and childcare workers , local governments and the tourism industry.
We are hopeful that there is more to come and ask that we meet to discuss as soon as possible.
Kara

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35

WI-SEN-20-0888-A-000065

 36



 

Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl, Dan
Tuesday, April 07, 2020 2:23 PM
Blackdeer, Dan - DOA
FW: Facebook Threat to Protest Leaders' Homes
Screenshot_20200407-140208_Facebook.jpg; Screenshot_20200407-140216
_FacebookJpg; Screenshot_20200407-140224_FacebookJpg

Deputy Chief Blackdeer,
Forwarding this on - th is could be considered a threat.
Thank you in advance for reviewing it, hope you are doing well.
Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Cell 608-386-4867
From: Beyer, Kit <Kit.Beyer@legis.wisconsin.gov>
Sent: Tuesday, April 07, 2020 2:05 PM
To: Toftness, Jenny <Jenny.Toftness@legis.wisconsin.gov>; Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>;
Zimmerman, Alec <Alec.Zimmerman@legis.wisconsin.gov>
Subject: Facebook Threat to Protest Leaders' Homes

From: Handrick, Diane <Diane .Handrick@legis .wisconsin .gov>
Sent: Tuesday, April 07, 2020 2:03 PM
To: Beyer, Kit <Kit.Beyer@ legis.wisconsin.gov>

Subject:

Sent from my U.S.Ce llular© Smartphone

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37

WI-SEN-20-0888-A-000067

 00
2:02 1111
I

0

Q

face ook

®
0+
0

.,,,,.Jason RoyalHart
5 hrs· 0

This is beyond politics. Its now personal. By
refusing to allow the election to be
postponed; Robin Vos and Scott Fitzgerald
are murdering people.
1

They don't answer their phones . They don t
respond to email. They don't care about
anything except their greed and power. I
think we need to pay them a mass visit in
person. Here are the murderer's addr ... See
Mo re

1 Share
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HI

<

WI-SEN-20-0888-A-000068

 2:02

+-

"QO
a
Jason Royal Hart
.............

~ ········

5 hrs• 0

This is beyond politics. Its now personal. By
refusing to allow the election to be postponed,
Robin Vos and Scott Fitzgerald are murdering
people.
They don't answer their phones. They don't
respond to email. They don't care about
anything except their greed and power. I think
we need to pay them a mass visit in person.
Here are the murderer's addresses:

Wisconsin State Representative Robin Vos:
960 Rock Ridge Road
Burlington, WI 53105
Robin J Vos Enterprises Inc
Food manufacturer · 140 Longmeadow Dr
Burlington WI
Open until 4:30 PM · (262) 763~9434

Senator Scott Fitzgerald
N4692 Maple Road
Juneau, WI 53039

AMERICAN

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!u
H

<

WI-SEN-20-0888-A-000069

 2:02 fffll00 r.a

+-

53%i

Q

Jason RoyalHart

··open until 4:30PM : (262J763~9434
Senator Scott Fitz gerald
N4692 Maple Road
Juneau, WI 53039

[[)

Like

CJComment

{> Share

I) 10
View previouscomments...

MarySchneider
Called yesterday! Fitzgerald office did
not even answer & voicemail full!!

@
AMERICAN

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...
Ilt
Iii

<

WI-SEN-20-0888-A-000070

I
I

 Romportl, Dan
From:

Sent:
To:
Cc:

Subject:

Romportl, Dan
Tuesday, April 07, 2020 2:16 PM
Vick, Jason; Renk, Jeff
Ottman, Tad; Henkel, Matt
RE:Org Notice and Emergency language

1. Can we loop Karius in on this?
2. Scott was hoping for a start time of earlier than 11am - I know that puts some pressure on LTSBbut some
members had expressed wanting to get to Good Friday virtual mass at noon
From: Vick, Jason <Jason.Vick@legis.wisconsin.gov>

Sent: Tuesday, April 07, 2020 1:44 PM
To: Renk, Jeff <Jeff.Renk@legis.wisconsin.gov>
Cc: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>; ottman, Tad <Tad.Ottman@legis.wisconsin.gov>; Henkel, Matt
<Matt.Henkel@legis.wisconsin.gov>
Subject: Re: Org Notice and Emergency language
We envisioned the 13.42 declaration as a Senate Org motion.
Jason Vick

On Apr 7, 2020, at 1:28 PM, Renk, Jeff <Jeff.Renk@legis.wisconsin.gov> wrote:

Here's some wording in ballot form. Not sure how you are declaring the emergency under
13.42, but here's wording for that like the Assembly is using. It could be issued by Sen. Roth
alone, or be a third motion issued by Senate Org:
Pursuant to the power granted under Section 13.42 (2) of the Wisconsin Statutes, I hereby issue
notice that the Senate is prevented from physically meeting at the seat of government due to an
emergency resulting from a disaster or the imminent threat of a disaster. The Senate and its
committees shall take all necessary steps to convene and meet in virtual session.
Then the ballot motions separately after the emergency is declared:
[MOTION 1] In accordance with§ 13.42 of the Wisconsin Statutes, Joint Rule 81 (2) and Senate
Rule 93, it is moved that the Committee on Senate Organization authorize the Legislature to meet
in virtual Extraordinary Session beginning at 1:00 p.m. on Thursday, April 9, 2020, solely to
consider LRB-6089 relating to????.
AYE

NO

[MOTION 2] Pursuant to Senate Rule 93, it is moved that the committee on Senate
Organization adopt the following procedures for the purpose of conducting Senate business
during the extraordinary session that will convene in virtual session under s. 13.42, Wis. Stats.,

AM[ HICAN

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38

WI-SEN-20-0888-A-000071

 on Thursday , April 9, 2020, for the purpose of addressing and containing the COVID-19
coronavirus:
1. Members shall cast votes and answer roll calls through electronic means, in the manner
determined by the presiding officer.
2. Except as provided in 3., all amendments to bills on a daily calendar must be introduced
before 9:00 am on the day of the session to which the calendar applies.
3. Upon request of the presiding officer, the presiding officer may permit the LRB to draft
and a member to introduce, while the senate is in session, an amendment that addresses
technical issues in a proposal.
4. Upon completion of the Second Reading of a proposal, a member may offer one motion
that both orders a proposal to its Third Reading and gives a proposal its Third Reading.
5. The president shall determine which members may be physically present in the room from
which the virtual session of the senate is conducted.
6. Privileged resolutions may not be offered during the session.
7. Any proposal contained in a message from the assembly shall be taken up immediately ,
unless otherwise referred by the presiding officer.
AYE

NO

Thanks.
Jeff

From:Vick, Jason <Jason.Vick@legis.wisconsin.gov>
Sent: Tuesday, April 07, 2020 12:48 PM
To: Renk, Jeff <Jeff.Renk@legis.wisconsin.gov>

Cc:Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>; Ottman, Tad
<Tad.Ottman@ legis.wisconsin.gov>; Henkel, Matt <Matt.Henkel@legis.wisconsin.gov>
Subject: Re: Org Notice and Emergency language
I don't know If a session time has been chosen yet but not earlier than 11am would work well from two
standpoints:
1} ltsb lead time to get members on skype and ready (for the practice session they asked members to
join the conference at least 30 min before start time}.
2} The rule modification asks for amendments to be in by 9am, allowing more time for LRBto have them
ready, emailed and received before session start time.
Jason Vick

On Apr 7, 2020, at 11:49 AM, Renk, Jeff <Jeff.Renk@legis.wisconsin.gov> wrote:

Hello,

AMERICA\J

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39

WI-SEN-20-0888-A-000072

 Just checking ifwe have any language yet to notice the emergency meeting of the
Senate and to call extraordinary session? We have to notice an Org ballot soon if
you're thinking of coming in this Friday.
Assembly and Senate language should be the same.
Thanks.

JefF

AMFRICAN

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WI-SEN-20-0888-A-000073

 Romportl, Dan
From:

Sent:
To:
Subject:

Romportl, Dan
Tuesday, April 07, 2020 2:10 PM
Palese, Tony
FW: 07 Summary of Provisions Draft

~

07S-ummany·of
-afL .
Provisia11sl!}n

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WI-SEN-20-0888-A-000074

 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl, Dan
Tuesday, April 07, 2020 12:04 PM
Smith, Heather; Toftness, Jenny; Ottman, Tad
FW: Small Language Change -- Liability Protections for Health Care Providers
Ch 323 amendment - Providers of health care services2.docx

FYI- technical change on doc liability
From: Mark Graul <mgraul@arenastrategy.com>
Sent: Tuesday, April 07, 2020 11:57 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: Small Language Change -- Liability Protections for Health Care Providers

Dan - Sorry about this. We caught one small technical change we need with the liability language. On the attached the
additional language is in red. Just makes sure that providers are covered wherever they are working (like a pop-up
facility).
Let me know if you have any questions. Hopefully, I got this to you early enough so its not to big of a pain to get the fix
done in the bill.
Mark

From: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Sent: Monday, April 6, 2020 10:28 AM
To: Mark Graul <mgraul@arenastrategy.com>
Subject: RE: Liability Protections for Health Care Providers

Hi Mark,
We have included this in our working draft - I sense it has broad support so our objective would be to pass this as part of
the bill we aim to take up later this week.
Thanks,
Dan
From: Mark Graul <mgraul@arenastrategy.com>
Sent: Friday, April 03, 2020 4:55 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: Liability Protections for Health Care Providers

Dan - I hope you are healthy and surviving the chaos. I'm sure your days must just be insane. While I hate to add to
you list, I want to flag for you the attached language Children's (along with WHA, Medical Society and other providers) is
hoping the Legislature will include in the COVID package that would provide liability protections for providers during a
public health crisis. This is an increasingly important issue, as we are hearing more and more from physicians and other
providers being hesitant to help during the crisis because of liability concerns. This language is similar to how
emergency responders are treated in a public health crisis.

AfVLH CAf\

PVERSIGHT

42

WI-SEN-20-0888-A-000075

 I'm hoping either WHA or WMS has already got this on your guys list, but wanted to reinforce Children's strong support
for it. With the surge of patients that expected in the next 2 week, having as many providers as possible engage will be
critical.
I'm told that other states have enacted similar measure and the draft is based on language from Oklahoma. I also
believe that NYand IL governors enacted it via Executive Order, but I don't know if that is possible in WI and Children's
would prefer the Legislature to act.
I know there are many more pressing things on the list for health care in the COVID-19 package, but wanted to flag this
for you. Let me know if you have any questions.
Mark
Mark Graul I Arena Strategy Group
T(Green Bay Office): 920-884-92961 E: mgraul@arenastrategy.com
T(Madison Office): 608-204-5810
C: 920-217-3524

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WI-SEN-20-0888-A-000076

 Create new s. 323.46:
323.46 Providers of health services. (1) Except as provided in sub. (3), no person who is a provider of
health care services or the provider's employees, agents, or contractors are liable for the death of or injury
to any individual or damage to any property caused by actions or omissions of the person if the person did
so under all of the following conditions:
(a) The health services are provided during a federally declared emergency under the Stafford Act or
National Emergencies Act, a public health emergency under Section 319 of the Public Health
Service Act, or a state of emergency or a public health emergency declared by the governor.
(b) Such acts or omissions occur during the person's good faith response to the emergency or are
substantially consistent with any direction, guidance, recommendation or other statement made by
any of the following:
1. A federal, state, or local official to address the emergency or in response to the emergency.
2. Other published guidance upon which the person relied upon in good faith.
(2) This section does not apply if the person's act or omission involved reckless, wanton, or intentional
misconduct.
(3)
(a) This section does not apply to a person's provision of services ifs. 257.03 or 323.4 l applies.
(b) This section does not apply to a person's provision of facilities ifs. 257.04 or 323.,44 applies.

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WI-SEN-20-0888-A-000077

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl , Dan
Tuesday, April 07, 2020 12:03 PM
Zimmerman, Alec
RE:CBS 58 Inquiry -- Fitzgerald Action Today

Sure - I probably won't see him until 2pm, is that cool?
From: Zimmerman, Alec <Alec.Zimmerman@legis.wisconsin.gov>

Sent: Tuesday, April 07, 2020 12:02 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: FW: CBS58 Inquiry -- Fitzgerald Action Today

Do you want to run this past Fitz?
"Today , Sen. Fitzgerald drove by three polling locations in his district to check on what lines looked
like. Currently he's working on the COVID-19 legislation and he's hopeful that it will be ready for the
floor very soon."

Alec Zimmerman
Communications Director
Senator Scott Fitzgerald
Senate Majority Leader
(o) 608 .266 .5660
(c) 608.317.4320
From: Victor Jacobo <vjacobo@cbs58.com>
Sent: Tuesday, April 7, 2020 10:10 AM
To: Zimmerman, Alec <Alec.Zimmerman@legis.wisconsin.gov>
Subject: CBS58 Inquiry -- Fitzgerald Action Today

Good morning Alec,
Just wanted to check in to see if Sen. Fitzgerald is doing anything public today such as voting in-person (or did he vote
early/absentee) or volunteering anywhere as a poll worker?
I know Speaker Vos is volunteering in Racine County, wanted to see if Fitzgerald is doing something similar.
Thanks,

Victor Jacobo
Capitol Reporter
CBS58/Telemundo Wisconsin
Mobile: 414-399-3845
Station: 414-607-8140
Email: vjacobo@cbs58.com
Twitter: @victorjacobo

AM~ HICA\J

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 T
.

.
Tl.t.lMUNOO

WJSCONSH<4-

•

·iflll · ~

AfVLH CAf\

pVERSIGHT

•-

sta,m

,HOVIES

45

WI-SEN-20-0888-A-000079

 Romportl, Dan
From:
Sent:
To:
Subject:

Romportl, Dan
Tuesday, April 07, 2020 12:02 PM
Rettinger, Nik
RE:Safer At Home Question

I don't want to give you a wrong answer, so I would go straight to WEDC with this. Justin Phillips can probably give you
an answer right away
From: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>
Sent: Tuesday, April 07, 2020 9:18 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: FW: Safer At Home Question

Dan, do you or someone else in the office happen to know the answer to this?
-Nik

Nik Rettinger III
Chief of Staff
Office of Senator Andr e Jacque
1st Senate District
608-266-3512
From: Andre Jacque <andre.jacgue@gmail.com>
Sent: Monday, April 6, 2020 9:53 PM
To: Bob Mehorczyk <bmehor@lsol.net>
Cc: Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>;
Subject: Re: Safer At Home Question

Cosh, Bill <Bill.Cosh@legis.wisconsin.gov>

Hi BobI'm pretty sure the club is cleared to remain open for archery , following social distancing requirements, under
section 11 (c) of the Safer At Home Executive Order (Essential Activities- Outdoor activity). I'll see if my staff
can find somebody who can put something in writing for you. You're certainly right to check on it, though. I
understand that there are a few rifle ranges elsewhere in the state that were closed down by local gov ernment,
and they were forced to let them reopen. I believe others have simple remained open with social distancing
without incident.
Nik or Bill- please check with Romportl or someone that might be able to provide some assurance to the Francis
Creek Sportsmen's Club on this.
Thanks!
Andre
On Mon, Apr 6, 2020 at 6:14 PM Bob Mehorczyk <bmehor @lsol.net> wrote:
Andre, we are a small sportsman club which you've visited in Francis Creek. We have 13 acres of property
which contains our 3D archery course. Our clubhouse is currently closed until fmther notice complying with
Gov Evers order. The question I have is, can we set up our archery course and carry on with our archery
)

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46

WI-SEN-20-0888-A-000080

 league? We will of course have rules in place like no more than 2 archers per stand, practicing social
distancing , having hand sanitizer available, etc. I will be enforcing these rules as I am retired and live close to
the club. This would be a great outdoor activity that family and friends can participate in during these trying
times while out of work. I am asking that you please ask the appropriate people up to and including the gov
and getting back to me so we can proceed. The clubhouse will remain closed. Thank you,
Bob
Sent from my iPhone

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WI-SEN-20-0888-A-000081

 Romportl, Dan
From:

Sent:
To:

Cc:
Subject:
Attachments:

Romportl, Dan
Tuesday, April 07, 2020 11:SOAM
Ottman , Tad; Smith, Heather; Toftness, Jenny
Liedl, Kimber
FW: DPI Legislative Draft
19-5918_1 (002).pdf; 04 07 20 Memo to sewWaivers.pdf

This is the language that was agreed to by DPI and Choice (per Dee Pettack).
Not sure what to do with this, but just so we all have it.
-Dan
From: Pettack, Dee DPI <Deanna.Pettack@dpi.wi.gov>
Sent: Tuesday, April 07, 2020 11:48 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: FW: DPI Legislative Draft

Dan:
Attached is the draft we discussed today. As you know, we have been working with our public and private stakeholders
on a bill draft to address the COVID-19 impacts. Given the quick timelines we just finalized the draft. It addresses
testing, report cards, and waivers for private and charter schools.
Also attached is a memo that highlights the agreements we have made to private schools in the even this language
passes.
Please let me know if you have any questions.
Take care,
Dee

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 ~tale of ~isrnnsin
2019 - 2020 LEGISLATURE

LRB-5918/1
FFK:skw/kjf/ahe

2019 BILL

1

AN ACT

to amend 115.385 (1) (intro.), 115.415 (1) (b), 115.999 (1) (d) 1., 115.999

2

(2m) (b) 1. a., 118.38 (2) (am) (intro.), 118.38 (3), 118.60 (7) (an) 1., 119.23 (7) (an)

3

1., 119.33 (2) (b) 3. b., 119.33 (2) (b) 3. c., 119.33 (5) (b) 2., 119.9002 (2) (d) 2. a.,

4

119.9002 (2) (d) 2. b., 119.9002 (2) (d) 3. a., 119.9002 (2) (d) 3. b. and 119.9004

5

(3) (b) 2.; and to create 115.385 (6), 115.7915 (8m), 118.38 (4), 118.60 (12) and

6

119.23 (12) of the statutes; relating to: private school hours of instruction

7

requirements

8

statewide

9

assessments in the 2019-20 school year, the 2019-20 school and school district

10

accountability report, waiver authority for private schools in parental choice

11

programs, the Special Needs Scholarship Program, and independent

12

schools in a public health emergency, and public health emergency exceptions

13

in parental choice programs and the Special Needs Scholarship Program.

in the 2019-20

parental

school year, 2020-21

choice program,

requirements

applications

for the

to administer

pupil

charter

Analysis by the Legislative Reference Bureau

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BILL
Pupil examinations; public health emergency exception for the 2019-20
school year.
Under current law, school boards, independent charter schools, private schools
participating in the Milwaukee Parental Choice Program, Racine Parental Choice
Program or Wisconsin Parental Choice Program and, under some circumstances, a
private school participating in the Special Needs Scholarship Program are required
to annually administer examinations adopted by the state superintendent of public
instruction to pupils in the fourth, eighth, ninth, tenth, and eleventh grades. These
examinations are commonly referred to as the Wisconsin Student Assessment
System, which include The Forward Exam, ACT ASPIRE, the ACT, and Dynamic
Learning Maps. Under the bill, the requirements to administer the WSAS do not
apply in the 2019-20 school year.
Current law also requires school boards, independent charter schools, and
private schools participating in a parental choice program to annually administer a
standardized reading test developed by the Department of Public Instruction to third
Under the bill, requirements to administer the third grade
grade pupils.
standardized reading test do not apply in the 2019-20 school year.
Under current law, school boards and independent charter schools are required
to evaluate teachers and principals using an educator effectiveness evaluation
system that considers pupil performance on statewide assessments. Under the bill,
school boards and independent charter schools are prohibited from considering pupil
performance on statewide assessments in evaluating teachers and principals in the
2019-20 school year.
School and school district accountability report for the 2019-20 school year.
The bill prohibits DPI from publishing a school and school district
accountability report in the 2020-21 school year.
Under current law, DPI is required to publish a school and school district
accountability report each year by November 30. To measure school performance
and school district improvement, particularly measures related to pupil
achievement in reading and math, DPI uses data derived from pupil performance on
statewide assessments administered in the prior school year. The bill also changes
references to accountability reports published in a specific school year or years to the
most recently published accountability report or reports to account for the fact that,
under the bill, DPI will not publish an accountability report in the 2020-21 school
year.
Waiver of laws and rules related to parental choice programs, the Special
Needs Scholarship Program, and independent charter schools; schools
closed by the Department of Heath Services or a local health officer.
Under the bill, if the Department of Health Services or a local health officer
closes schools for ten or more school days during a school year, DPI may waive state
education statutes, or rules promulgated under those statutes, related to 1) a
parental choice program or the SNSP, 2) private schools participating in a parental
choice program or the SNSP, or 3) independent charter schools. Under the bill, DPI
may also establish alternate deadlines for requirements in education laws or rules
if the original deadline occurs between the date the schools are closed and 120 days

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BILL
after the day schools are reopened or the original deadline relates to another event
that occurs during that same period.
Under current law, upon request from a school board and a public hearing, DPI
may waive school district and school board requirements in a state education statute
or rule. However, under current law, a school board may not request, and DPI may
not grant, a waiver from state education statutes and rules related to certain topics,
including the health or safety of pupils, confidentiality of pupil records, and pupil
assessments.
Exceptions in parental choice programs and the Special Needs Scholarship
Program; schools closed by the Department of Heath Services or a local
health officer.
Current law allows DPI to bar a private school from participating in a parental
choice program or the SNSP in the current school year if the private school fails to
comply with specified program requirements.
For certain program violations,
current law allows DPI to bar a private school from participating in the following
school year. Current law also allows DPI to withhold program payments if a
participating private school fails to comply with program requirements.
Under the bill, if a participating private school is closed by DHS or a local health
officer for ten or more school days during a school year, DPI may not withhold
program payments or bar the private school from participating in the parental choice
program or the SNSP in the current or following school year if the private school
demonstrates to DPI that the failure to comply with the program requirement was
due to the school closure.
Under current law, a private school participating in a parental choice program
must maintain a cash and investment balance that is at least equal to its reserve
balance. Under the bill, this requirement does not apply in a school year during
which the private school is closed by DHS or a local health officer for ten or more
school days.
Private schools; waiver for hours of instruction in the 2019-20 school year.
Under the bill, in the 2019-20 school year, upon request from a private school,
DPI may waive any requirement related to a private school providing hours of
instruction.
Wisconsin Parental Choice Program; application deadlines for the 2020-21
school year.
Finally, the bill extends two deadlines related to pupil applications to attend a
private school in the Wisconsin Parental Choice Program in the 2020-21 school year.
First, under the bill, a private school participating in the WPCP may accept WPCP
applications for the 2020-21 school year from pupils until May 14, 2020, rather than
April 16, 2020, under current law. Second, under the bill, private schools
participating in the WPCP have until May 29, 2020, to submit information to DPI
about the number of WPCP applications the private school received from pupils for
the 2020-21 school year. Under current law, private schools participating in the
WPCP are required to submit this information to DPI by May 1, 2020.

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BILL
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.

The people of the state of Wisconsin, represented
enact as follows:
1

SECTION

2

115.385 (1) (intro.)

in senate and assembly, do

1. 115.385 (1) (intro.) of the statutes is amended to read:

...
A_.nnuallyExcept as provided in sub. (6), annually by

3

November

30, the department

4

accountability report that includes all of the following components:

a school and school district

2. 115.385 (6) of the statutes is created to read:

5

SECTION

6

115.385 (6) The department

7

shall publish

shall not publish a school and school district

accountability report under this section in the 2020-21 school year.
3. 115.415 (1) (b) of the statutes is amended to read:

8

SECTION

9

115.415 (1) (b) For the evaluation of teachers and principals in the 2014 15

10

2019-20 school year, the school board and the operator of a charter school established

11

under s. 118.40 (2r) may not consider pupil performance on statewide assessments

12

administered

13

include pupil performance on those assessments in the evaluation score assigned to

14

a teacher or principal under the educator effectiveness evaluation system developed

15

under this section.

16

SECTION

17

115.7915 (Sm)

under s. 118.30 in the 2014-1-a 2019-20 school year and may not

4. 115.7915 (8m) of the statutes is created to read:
PuBLICHEALTHEXCEPTION.

If a private school participating in the

18

program under this section is closed for at least 10 school days in a school year by a

19

local health officer, as defined ins. 250.01 (5), or the department of health services,

20

in the school year during which the school is closed and the following school year, the

21

department may not withhold payment from the private school under sub. (8) (c) or

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1

bar the private school from participating in the program under sub. (8) (a) for failing

2

to comply with a requirement

3

section if all of the following occur:

under this section or a rule promulgated under this

(a) The private school submits information to the department

4

that explains

5

how the school closure impacted the private school's ability to comply with the

6

requirement

7

not complying with the requirement.
(b) The department determines that the private school's failure to comply with

8
9

and any action the private school took to mitigate the consequences of

the requirement

was caused by the closure.

5. 115.999 (1) (d) 1. of the statutes is amended to read:

10

SECTION

11

115.999 (1) (d) 1. The school district was assigned to the lowest performance

12

category on the 2 most recent accountability reports published for the district under

13

s. 116.385 (1) in the 2 most recent school years.

14

SECTION

15

115.999 (2m) (b) 1. a. The unified school district was assigned to the lowest

16

performance category on the 3 most recent accountability reports published for the

17

district under s. 115.385 (1) in the 3 most recent school years.

6. 115.999 (2m) (b) 1. a. of the statutes is amended to read:

18

SECTION

19

118.38 (2) (am) (intro.) In determining whether to grant the

7. 118.38 (2) (am) (intro.) of the statutes is amended to read:

20

sub. (1), the department

21

additional factors:

22

SECTION

23

118.38 (3)

1! waiver

under

shall consider all of the following factors and may consider

8. 118.38 (3) of the statutes is amended to read:

A waiver granted under sub. (2) is effective for 4 years.

The

24

department

25

has evaluated the educational and financial effects of the waiver over the previous

AMEHICAN

PVERSIGHT

shall renew' the waiver for additional 4-year periods if the school board

WI-SEN-20-0888-A-000087

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LRB-5918 /1
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SECTION 8

1

4-year period, except that the department is not required to renew a waiver if the

2

department

3

toward improving pupil academic performance.

determines that the school district is not making adequate progress

9. 118.38 (4) of the statutes is created to read:

4

SECTION

5

118.38 (4) (a) If schools are closed for at least 10 school days in a school year

6

by a local health officer, as defined in s. 250.01 (5), or the department

7

services, the department may do all of the following:
1. Waive any requirement

8
9
10

of health

in chs. 115 to 121 or the administrative

rules

promulgated by the department under the authority of those chapters related to any
of the following:

11

a. A program under s. 115. 7915, 118.60, or 119.23.

12

b. A private school participating in a program under s. 115.7915, 118.60, or

13

119.23.
c. A charter school under s. 118.40 (2r) or (2x), including any requirement

14
15

related to an authorizer, governing board, or operator of a charter school under s.

16

118.40 (2r) or (2x).

17

2. Establish an alternate deadline for any requirement related to a program

18

under s. 115.7915, 118.60, or 119.23 in chs. 115 to 121 and any requirement related

19

to a program under s. 115. 7915, 118.60, or 119.23 in the administrative

20

promulgated by the department under the authority of chs. 115 to 121 if the original

21

deadline is any of the following:

rules

22

a. A deadline that occurs during the period beginning on the first day schools

23

are closed by the local health officer or department of health services and ending 120

24

days after the last day schools are closed by the local health officer or department of

25

health services.

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SECTION

BILL

9

1

b. A deadline for a requirement that impacts a date during the period beginning

2

on the first day schools are closed by the local health officer or department of health

3

services and ending 120 days after the last day schools are closed by the local health

4

officer or department of health services.

5

(b) 1. The department

shall notify the legislative reference bureau of each

6

waiver under par. (a) 1. and alternate deadline established under par. (a) 2. The

7

legislative reference bureau shall publish a notice in the Wisconsin Administrative

8

Register of the waiver or alternate deadline.

9
10

2. The department

deadline established under par. (a) 2. on the department's Internet site.

11
12

shall post each waiver under par. (a) 1. and alternate

(c) A waiver under par. (a) 1. applies only to the school year in which schools
are closed by the local health officer or the department of health services.
10. 118.60 (7) (an) 1. of the statutes is amended to read:

13

SECTION

14

118.60 (7) (an) 1. A private school participating in the program under this

15

section shall maintain a cash and investment balance that is at least equal to its

16

reserve balance. If a private school does not maintain a cash and investment balance

17

that is at least equal to its reserve balance, the private school shall refund the reserve

18

balance to the department.

19

the private school participating in the program was closed for at least 10 days by a

20

local health officer, as defined in s. 250.01 (5), or the department of health services.

21

3. If a private school ceases to participate in or is barred from the program

22

under this section ands. 119.23 and the private school's reserve balance is positive,

23

the private school shall refund the reserve balance to the department.

24

AM[ HICAN

PVERSIGHT

SECTION

This subdivision does not apply to a school year in which

11. 118.60 (12) of the statutes is created to read:

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SECTION

11

1

118.60 (12) If a private school participating in the program under this section

2

is closed for at least 10 school days in a school year by a local health officer, as defined

3

ins. 250.01 (5), or the department of health services, in the school year during which

4

the school is closed and the following school year, the department may not withhold

5

payment from the private school under sub. (10) (d) or bar the private school from

6

participating

7

with a requirement under this section or a rule promulgated under this section if all

8

of the following occur:

9

in the program under sub. (10) (a), (am), or (ar) for failing to comply

(a) The private school submits information to the department

that explains

10

how the school closure impacted the private school's ability to comply with the

11

requirement

12

not complying with the requirement.

13
14

and any action the private school took to mitigate the consequences of

(b) The department determines that the private school's failure to comply with
the requirement

was caused by the closure.

15

SECTION

16

119.23 (7) (an) 1. A private school participating

12. 119.23 (7) (an) 1. of the statutes is amended to read:

in the program under this

17

section shall maintain a cash and investment balance that is at least equal to its

18

reserve balance. If a private school does not maintain a cash and investment balance

19

that is at least equal to its reserve balance, the private school shall refund the reserve

20

balance to the department.

21

the private school participating in the program was closed for at least 10 days by a

22

local health officer, as defined ins. 250.01 (5), or the department of health services.

23

a,_ If a private school ceases to participate in or is barred from the program

24

under this section ands. 118.60 and the private school's reserve balance is positive,

25

the private school shall refund the reserve balance to the department.

AM[ HICAN

PVERSIGHT

This subdivision does not apply to a school year in which

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SECTION

BILL

13

1

SECTION

13. 119.23 (12) of the statutes is created to read:

2

119.23 (12) If a private school participating in the program under this section

3

is closed for at least 10 school days in a school year by a local health officer, as defined

4

ins. 250.01 (5), or the department of health services, in the school year during which

5

the school is closed and the following school year, the department may not withhold

6

payment from the private school under sub . (10) (d) or bar the private school from

7

participating

8

with a requirement under this section or a rule promulgated under this section if all

9

of the following occur:

in the program under sub. (10) (a), (am), or (ar) for failing to comply

10

(a) The private school submits information to the department that explains

11

how the school closure impacted the private school's ability to comply with the

12

requirement and any action the private school took to mitigate the consequences of

13

not complying with the requirement.
(b) The department determines that the private school's failure to comply with

14
15

the requirement was caused by the closure.
14. 119.33 (2) (b) 3. b. of the statutes is amended to read:

16

SECTION

17

119.33 (2) (b) 3. b.

A person who is operating

a charter school.

The

18

superintendent

19

following applies: the performance on the most recent examinations administered

20

under s. 118.30 (lr) of pupils attending a school operated by the person exceeds the

21

performance on the most recent examinations administered under s. 118.30 (1) of

22

pupils attending the school being transferred to the person under this subdivision;

23

or, in each of the 3 preceding consecutive accountability reports published under s.

24

115.385 (1), the performance category assigned to a school operated by the person-en

25

accountability reports published under s. 115.385 (1) for the school in each of the 3

AM[ HICAN

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of schools may proceed under this subd. 3. b. only if one of the

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BILL

SECTION

14

1

preceding consecutive school years exceeds the performance category assigned to the

2

school being transferred

3

preceding consecutive school years. If fewer than 3 accountability reports have been

4

published for a charter school described in this subd. 3. b., the superintendent

5

schools shall

6

performance.

determine

to the person under this subdivision in----0achof the 3

an alternative

method

of

for comparing the school's

7

SECTION

8

119.33 (2) (b) 3. c. The governing body of a nonsectarian

15. 119.33 (2) (b) 3. c. of the statutes is amended to read:
private school

9

participating in a program under s. 118.60 or 119.23. The superintendent of schools

10

may proceed under this subd. 3. c. only if one of the following applies: the

11

performance on the most recent examinations administered under s. 118.30 (ls) or

12

(lt)

13

performance on the most recent examinations administered under s. 118.30 (1) of

14

pupils attending the school being transferred

15

subdivision; or, in each of the 3 preceding consecutive accountability reports

16

published under s. 115.385 (1), the performance category assigned to a school

17

operated by the governing body on accountability--r-Bf)ortspublished under s. 115.385

18

(1) for the school in each of the 3 preceding consecutive school years exceeds the

19

performance category assigned to the school being transferred to the governing body

20

under this subdivision in each of the 3 preceding -eonsecutive school years. If fewer

21

than 3 accountability reports have been published for a private school described in

22

this subd. 3. c., the superintendent of schools shall determine an alternative method

23

for comparing the school's performance.

24

of pupils attending a school operated by the governing body exceeds the

SECTION

AM[ HICAN

PVERSIGHT

to the governing body under this

16. 119.33 (5) (b) 2. of the statutes is amended to read:

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16

1

119.33 (5) (b) 2. The school district operating under this chapter has been

2

assigned in the 3---most-recent school-year-s--aperformance category of "fails to meet

3

expectations" on the 3 most recent accountability

4

115.385 (1).

Fe!=)eli

reports published under s.

17. 119.9002 (2) (d) 2. a. of the statutes is amended to read:

5

SECTION

6

119.9002 (2) (d) 2. a. The performance, on the most recent examinations

7

administered under s. 118.30 (lr), of pupils attending a school operated by the person

8

exceeds the performance, on the most recent examinations administered under s.

9

118.30 (1), of pupils attending the school being transferred to the person under this

10

subdivision.

11

SECTION

12

119.9002 (2) (d) 2. b. !!'he In each of the 3 preceding consecutive accountability

18. 119.9002 (2) (d) 2. b. of the statutes is amended to read:

13

reports published under s. 115.385 (1), the performance category assigned to a school

14

operated by the person on accountability reports published under s. 115.385 (1) for

15

the school in each of the 3 preceding consecutive school years exceeds the

16

performance category assigned to the school being transferred to the person under

17

this subdivision in each of the 3 preceding consecutive school years. If fewer than

18

3 accountability reports have been published for a school described in this subd. 2.

19

b., the commissioner shall determine an alternative

20

school's performance.

method for comparing the

21

SECTION

22

119.9002 (2) (d) 3. a. The performance, on the most recent examinations

19. 119.9002 (2) (d) 3. a. of the statutes is amended to read:

23

administered under s. 118.30 (ls) or (lt), of pupils attending a school operated by the

24

governing body exceeds the performance,

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on the most recent examinations

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19

under s. 118.30 (1), of pupils attending the school being transferred

to

1

administered

2

the governing body under this subdivision.
20. 119.9002 (2) (d) 3. b. of the statutes is amended to read:

3

SECTION

4

119.9002 (2) (d) 3. b. -The In each of the 3 preceding consecutive accountability

5

reports published under s. 115.385 (1), the performance category assigned to a school

6

operated by the governing body on accountability reports published under s. 115.385

7

(1) for the school in each of the 3 preceding consecutive school years exceeds the

8

performance category assigned to the school being transferred to the governing body

9

under this subdivision in each of the 3 preceding consecutive school years. If fewer

10

than 3 accountability reports have been published for a private school described in

11

this subd. 3. b., the commissioner

12

comparing the school's performance.

shall determine

an alternative

method for

21. 119.9004 (3) (b) 2. of the statutes is amended to read:

13

SECTION

14

119.9004 (3) (b) 2. The school district operating under this chapter has been

15

assigned in the 3 most recent school years a performance category of "fails to meet

16

expectations" on the 3 most recent accountability r--epartreports published under s.

17

115.385 (1).

22. Nonstatutory

provisions.

18

SECTION

19

(1) PUPIL ASSESSMENTS; PUBLIC HEALTH EMERGENCY EXCEPTION FOR THE 2019-20

Sections 115. 7915 (5) (b) and (6) (j), 118.30 (lm), (lr), (ls), and (lt),

20

SCHOOL YEAR.

21

118.40 (2r) (d) 2. and (2x) (d) 2., 118.60 (7) (b) 1., 119.23 (7) (b) 1., and 121.02 (1) (r)

22

and (s) do not apply in the 2019-20 school year.
(2)

23

DIRECT HOURS OF INSTRUCTION; WAIVER FOR PRIVATE SCHOOLS,

In the 2019-20

24

school year, the governing body of a private school may request the department

25

waive any requirement

AM~ HICAt\J

PVERSIGHT

to

related to providing hours of instruction in chs. 115 to 121,

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22

1

including the requirements in ss. 118.165 (1) (c), 118.60 (2) (a) 8., and 119.23 (2) (a)

2

8., or in administrative rules promulgated by the department under the authority of

3

those chapters.
(3) STATEWIDE PARENTAL CHOICE PROGRAM; APPLICATIONS FOR THE 2020-21 SCHOOL

4

5

YEAR .

(a) Notwithstanding

6

s. 118.60 (3) (ar) 1., a private school that submitted a

7

notice of intent to participate under s. 118.60 (2) (a) 3. a. by January 10, 2020, may

8

accept applications for the 2020-21 school year until May 14, 2020, from pupils who

9

reside in a school district, other than an eligible school district, as defined ins. 118.60

10

(1) (am), or a 1st class city school district.
(b) Notwithstanding

11

s. 118.60 (3) (ar) 2., each private school that receives

12

applications under s. 118.60 (3) (ar) 1. for the 2020-21 school year by the deadline

13

under par. (a), shall report the information required under s. 118.60 (3) (ar) 2. to the

14

department

15

AMFRICAt\J

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of public instruction by May 29, 2020.
(END)

WI-SEN-20-0888-A-000095

..

 "1.

WISCONSIN

PUBLiCq,

INSTRUCTION
To:
From:
Date:
Re:

Carolyn Stanford Taylor, State Superintendent

Jim Bender, President, School Choice Wisconsin
Jennifer Kammerud, Senior Policy Advisor
April 7, 2020
Private School Waivers

This memo lists issues on which the Wisconsin Department of Public Instruction (DPI), in consultation with you
and other private school stakeholders, agrees to provide waivers, should DPI be given the authority to waive
requirements in the Milwaukee, Racine, and Wisconsin Parental Choice Programs and the Special Needs
Scholarship Program. In addition, the DPI agrees to work with School Choice Wisconsin on additional waivers or
accommodations that may be necessary for summer school and the federaLPayroll Protection Act. Other issues
may arise that necessitate waivers and the department is committed to working through those with School
Choice Wisconsin.

1. Surety Bond for continuing schools
Wis. Stats.§§ 118.60(7m)(b)(l) and 119.23(7m)(b)(1J
DPI will move the date from May 1, 2020 to June 1, 202Q.

2. Summer School Course List Report
Pl 35.08 (2) and Pl 48.08(2)
DPI will move the date from May 1, 2020 to June 1, 2020, or S days before the first day classes are
offered.
3. Certificate of Occupancy ....
Pl 49.03(S)(a)
.
.
DPI will move the dat.e from May 1, 2020 to June 1, 2020

4.

Hours of Instruction Report

.

..
and Pl 48.03(7)(e)
Pl 35.03(7l(e)
.
. .. . .. ...
DPI wiUelirnlnate the report for the 2019-20 school year.

5. Civics Exam
Wis. Stat. § 118.33 (lm)(a)
DPI will elimina~e the requirement for the 2019-20 school year
6.

Governing Board

Wis. Stats.§§ 118.60(7)(b)3m and 119.23(7)(b)3m
DPI will eliminate the required two meetings for the 2019-20 school year.

7. 4K Outreach
With the waiver of the hours of Instruction for the 2019-20 school year this requirement will also be
waived for those offering 4K outreach.
8.

Wisconsin Parental Choice Program Final Seats Report

Schools complete report from Monday June 1, 2020 to Thursday, June 4, 2020

AM~ HICAt\J

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PO Box 7841, Madison, WI 53707-7841 ■ 125 South Webster Street, Madison, WI 53703
(608)266-3390 ■ (800)441 -4563tollfree ■ dpi.wi.gov

WI-SEN-20-0888-A-000096

 Romportl, Dan
From:

Sent:
To:

Cc:
Subject:

Romportl, Dan
Tuesday, April 07, 2020 11:43 AM
Vick, Jason; Ottman, Tad
Henkel, Matt
RE:Extraordinary procedures language

Thanks Jason.
We need to get Renk/JS to put an Org notice together for later today- Jason, do you want to work with them on that?
l just want to make sure we all didn't think each other we're doing it ...
-Dan

From: Vick, Jason <Jason.Vick@legis.wisconsin.gov>
Sent: Tuesday, April 07, 2020 11:29 AM
To: Ottman, Tad <Tad.Ottman@legis.wisconsin.gov>
Cc: Henkel, Matt <Matt.Henkel@legis.wisconsin.gov>; Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: Extraordinary procedures language

Attached is language that could be used in an Org ballot motion on extraordinary procedures.
Jason Vick
Begin forwarded message:
From: "Champagne, Rick" <Riclc Champagne@legis.wisconsin.go v>
Date: April 7, 2020 at 11 :20:58 AM CDT
To: "Vick, Jason" <Jason.Vick (~l~gis.wisconsin.gov >
Subject: Emailing: ExtraordinaryProcedures3Roth.docx

AM~ HICA\J

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49

WI-SEN-20-0888-A-000097

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Tuesday, April 07, 2020 11:13 AM
Blazel,Ted
RE:Today

That sounds good, thank you. I will have Fitz here right at 2pm so DOA won't need to keep the building open any longer
than it needs to be.
-Dan

From: Blazel, Ted <Ted.Blazel@legis.wisconsin.gov>
Sent: Tuesday, April 07, 2020 11:09 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>

Subject: Today
Dan,
Let me know if you want me to do anything differently than we have done yesterday and Saturday. We have let the
press in about five minutes before the session and then open the galleries right before. We close everything up
immediately afterwards. We have had the lights on in the Chambers.
Ted

AM~ HICA\J

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so

WI-SEN-20-0888-A-000098

 Romportl, Dan
From:
Sent:
To:

Subject:
Attachments:

Romportl , Dan
Monday, April 06, 2020 6:50 PM
Lied!,Kimber
FW: 06 Summary of Provisions Draft
06 Summary of Provisions Draft.pdf

From: Ottman, Tad

Sent: Monday, April 06, 2020 6:08 PM
To: Romportl, Dan; scott.fitzgerald13@gmail.com
Subject: FW: 06 Summary of Provisions Draft

From: Lang, Bob <Bob .Lang@legis .wisconsin.gov>

Sent: Monday, April 06, 2020 6:07 PM
To: Rep.Vos <Rep.Vos@legis.wisconsin .gov>; Sen.Fitzgerald <Sen.Fitzgerald@legis.wisconsin.gov>
Cc: Toftness, Jenny <Jenny .Toftness@legis.wisconsin.gov>; Smith, Heather <Heather.Smith@leg is.wisconsin .gov>;
Ottman, Tad <Tad.Ottman@legis.wiscons in.gov>
Subject: 06 Summary of Provisions Draft

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51

WI-SEN-20-0888-A-000099

 Summary of Provisions

ADMINISTRATION

1.

EMPLOYEE TRANSFER AUTHORITY

Authorize the Secretary of DOA to transfer any employee from one executive branch agency
to another executive branch agency to provide services forJhe receiving agency during the public
health emergency declared on March 12, 2020, including .any extension by joint resolution of the
Legislature. Specify that the receiving agency must _payall salary and fringe benefit costs of the
employee during the time he or she is providing servic~~ for the receiving agency. Further, specify
that any transfer would remain in effect until rescinded by the Secretary of DOA or 90 days after the
public health emergency is tenninated, whichever is earliest Specify that an employee may not
receive a salary increase upon transfer toa state agency, nor rnay an employee receive a salary
increase upon return to the sending state agency. Require the Secretary of DOA to submit a report
to the Joint Committee on Finance no later thanJuneJ,2020, and on the first day of each subsequent
month during the emergency period, that provides information on all employee transfers. Specify
that the report identify the number of employees transferred, the title of each employee transferred,
the title the employee assUllledat the receiving agency, and thereasons for each employee transfer.

2.

LIMITED-TERM EMPLOYEE HOURS

Specifythatthe,I)irector ofthe Bureau of Merit Recrnitment and Selection in DOA's Division
of Personnel Management may increase or suspend the number of hours for a limited-term
appointment for the duratio11.ofa public health emergency declared by the Governor. Under current
law, a limited-term appointment is a provisional appointment for less than 1,040 hours per year.

3.

USE OF ANNUAL LEAVE

Specify that a state employee may take annual leave within the first six months of the
employee's probationary period upon initial appointment during a public health emergency declared
by the Governor. Further, specify that if such an employee who has taken annual leave terminates
his or her employment before earning annual leave equivalent to the amount of annual leave the
employee has taken, the appointing authority would be required to deduct the cost of the unearned
annual leave from the employee's final pay.
Under current law, an employee, with the approval of his or her appointing authority, may
anticipate the annual leave which he or she could earn during the current calendar year, but no
employee is eligible to take annual leave until he or she has completed the first six months of a

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 probationary period for an original job appointment unless the employee uses annual leave that he
or she accrued while serving in an unclassified position.

4.

STATE EMPLOYMENT FILINGS AND IN-PERSON MEETINGS

Specify that a state employee does not waive his or her right to appeal an adverse employment
decision if the employee does not timely file a complaint or appeal during a public health emergency
declared by the Governor. Further, specify that the tolling period for an employee to file such a
complaint with the appointing authority would begin 14 days after thetermination of the declared
public health emergency or extension. In addition, specify that an appointing authority or his or her
designee is not required to meet with a complainant in person when conducting an investigation
related to such a complaint filed by an employee during a public health elllergency declared by the
Governor.
··
Under current law, to commence the grievance process for an adverse employment action, a
state employee must file a complaint with the employee's appointing authority challenging the
adverse employment decision against the employee no later thanl.4 days after the employee becomes
aware of, or should have become aware of, the decision that is the subject of the complaint. Also
under current law, an appointing authority or his or her designee who receives a timely complaint
must conduct any investigation they consider ne~essary, meet with the employee in person, and issue
a decision in writing no later than 14 days after tl1e
dat~on which the complaint is received.

AGRICULTURE, TRADE AND CONSUMER PROTECTION

1.

PROHIBITION ON RETURNS DURING PUBLIC HEALTH EMERGENCY

Prohipit a retail establishment from accepting the return of fresh or packaged food, cleaning
supplies, personal care products, or paper products purchased during a public health emergency as
declared by the Governor under ,s. 323.10 of the statutes, or within 30 days after the emergency ends.
However, allow a retailer to accept the return of food, personal care products, cleaning supplies, or
paper products within seven days of purchase for any reason, or at any time any time if a product
was contaminated due to improper production or packaging. Further, allow retail establishments to
accept returns of other types of products at any time.

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 BOARD OF COMMISSIONERS OF PUBLIC LANDS

1.

AUTHORIZE TRUST FUND LOANS TO MUNICIPAL UTILITIES

Allow BCPL to offer loans from the common school fund and other school trust funds to
nonprofit municipal utilities during the state of emergency declared by the Governor under Executive
Order 72, including any extension granted by the Legislature, and up to 69days after the emergency
declaration expires. Specify BCPL may offer loans to ensure that the utility is able to maintain
liquidity during the emergency period, and authorize BCPL to issue loans for amounts and conditions
as may be agreed upon by a borrower. Further, specify that the Legislat\.lre determines the loans
serve a public purpose.
Under current law, BCPL makes loans to school districts, municipalities, sewer districts and
other public entities from the school trust funds that it manages. BCPL typically offers)0-year loans
with low fixed interest rates. Under statute, BCPL loans must have an interest rate greater than 2%.
BCPL does not charge a pre-payment penalty.
The public health emergency allows commercial and residential ratepayers to temporarily
suspend utility payments without losing service.The provision is intellded to allow BCPL to extend
loans to municipal utilities so that they may continue fo meet obligations in the event of a temporary
loss of revenues.

BUDGET MANAGEMENT AND COMPENSATION RESERVES

1.

JOINT FINANCE AUTHORITY TO REDUCE APPROPRIATIONS

Specify that the Joint Committee on Finance could reduce certain general purpose revenue
(GPR) appropriations and suspend law changes that would decrease state general fund tax revenues,
if the general fund con4ition statement issued by the Legislative Fiscal Bureau shows an estimated
deficit in the 2020-21 fiscal year.
Require the Fiscal Bureau to prepare a revised general fund condition statement for the 201921 biennium no later than June 15, 2020, and submit the report to the cochairpersons of the Joint
Committee on Finance. If the report projects that the estimated gross general fund balance on June
30, 2021, will be negative, require that the cochairpersons convene a meeting of the Committee no
later than June 24, 2020.
Specify that the Committee could take action at the required meeting to reduce the amount of
any general purpose revenue appropriation in the appropriation schedule for the 2020-21 fiscal year,

Page 3

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 except for the following: (a) sum sufficient appropriations; (b) the appropriation for Medical
Assistance benefits under the Department of Health Services; and (c) the appropriations to pay debt
service on appropriation obligation bonds. Additionally, the Committee could take action to delay
the effective date, initial applicability, or implementation of any provision contained in any
enactment of the 2019 Legislature that would have the effect of reducing general purpose revenues.
Specify that if the provision relates to taxation, the delay could not extend beyond the taxable year
that begins after December 31, 2021, and any other such delay could not extend beyond June 30,
2023.

2.

TRANSFERS FROM SUM SUFFICIENT APPROPRIATIONS

Allow the Joint Committee on Finance to transfer up to $25 million from sum sufficient
appropriations during a state of emergency declared by the Governor, including any extension
period, and for a period ofup to 90 days after the tennination of the state of emergency. Transferred
funds could be used for expenditures related to the state of emergency.
Under current law, the Joint Committee on Finance can transfer funds between two
appropriations or between two fiscal years in the same biennium if the transfer would eliminate
unnecessary duplication of functions, result in a more efficient and effective method for
performing programs, or more effectively can-y out legislative intent. Such transfer must be for
purposes which have been authorized or directed bythe Legislature, and cannot change legislative
intent. Cunent law does not allow a transfer from a sum sµfficient appropriation to other types of
appropriations.

3.

RESCIND SECOND GENERAL WAGE ADJUSTMENT

GPR-Comp.

Reserves

- $20,517,000

Specify that, notwithstanding the actions ofthe Joint Committee on
EmploymentRelations on December 18, 2019, in approving the state employee compensation plan
and the proposed pay plan of the University of Wisconsin (UW) System, the January, 2021, general
wage adjustment of 2% provided under the state employee compensation plan and the January,
2021, wage adjustments provided to OW System employees under its proposed pay plan are
rescinded. Funding in compensation reserves associated with the above January, 2021, wage
adjustments totals $20,517,000 GPR ($47,559,100 all funds) in 2020-21.

BUILDING COMMISSION

1.

GENERAL OBLIGATION BONDING REFUNDING AUTHORITY

Increase the bonding authorization for refunding of any outstanding tax-suppmted or selfamortizing state general obligation debt by $725,000,000, from its current level of $6,785,000,000

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 to $7,510,000,000 . These bonds could only be issued if the debt refinancing meets the current law
requirement that the true interest costs of the state must be reduced. The authorization for this
refunding bonding was last increased in 2017 Act 59 (the 2017-19 budget).

EMPLOYEE TRUST FUNDS

1.

REHIRED ANNUITANTS IN CRITICAL POSITIONS

Specify that a Wisconsin Retirement System (WRS) participant who is hired by a participating
employer during a public health emergency declared by the Governor may elect to not suspend his
or her annuity for the duration of the public health emergency if : (a) at the time .of terminating
employment, the patticipant does not have an agreementwith any participating employer to return
to employment or enter into a contract to provide employee servkes; and (b) the position for which
the annuitant is hired is a critical position. Further, specify that the current break-in-service
requirement of 75 days would not apply to a participant who is hired for a critical position during
the public health emergency if at least 15 days have elapsed betweenthe termination of employment
and becoming a participating employee. Require the head of each state agency and each local health
department, based on guidance provided by the Secretaryofthe Depa1tment of Health Services, to
determine which positions within the respective state agency orfocal government are critical when
the Governor declares a public health emergency, for the purposes of administering the provisions
applicable to rehired annuitants.
Under current law, any WRS part:icipant who retires on or after July 2, 2013, must suspend
their annuity and .become a participating WRS employee if they are employed in covered
employment, or enter into a contract with a WRS employer, and are expected to work at least twothirds of what is considered full-time employment by the Department of Employee Trust Funds.
Also under current law, any WRS participant who retires on or after July 2, 2013, has a break-inservice requirement of 7 5 days between termination of employment and becoming a participating
employee with a WRS employer, This separation from WRS employment must occur for an
individual who applied for an annuity or lump sum payment to continue to qualify for an annuity or
to retain the lump sunrpayinent.

2.

LEAVES OF ABSENCE AND HEALTH INSURANCE

Specify that, for the purposes of group health insurance coverage offered by the Group
Insurance Board, an employee who returns from a leave of absence and who has not resumed active
duty for at least 30 consecutive calendar days on the date that the Governor declares a public health
emergency is deemed to have ended or interrupted the leave of absence on that date. The public
health emergency related to COVID-19 was declared by the Governor on March 12, 2020.
Under current law, a leave of absence is not deemed ended or interrupted until the employee

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 has resumed active performance of duty for 30 consecutive calendar days for at least 50 percent of
what is considered the employee 1s normal work time with the employer. Also under current law, a
state or local public employer that provides its employees health insurance coverage through a plan
offered by the Group Insurance Board must continue to pay required employer contributions, if any,
toward the health insurance premium of an insured employee while the insured employee is on a
leave of absence for the first three months of the leave of absence, or for the entire leave of absence
if the insured employee is receiving temporary disability compensation. Under the provision, an
employee of such an employer who returns from a leave of absence, and who was eligible to receive
an employer contribution towards health insurance premiums prior to commencing the leave of
absence, would be immediately eligible for the employer contribution towards the cost of health
insurance premiums.

GENERAL PROVISIONS

1.

GOVERNMENT AL DEADLINES ,A.NDTRAINING RF:QUIREMENTS DURING A
PUBLIC HEAL TH EMERGENCY

Specify that a state or local governmental unit, d1.rringan emergency period, may suspend any
deadline associated with a program or action that the state or local governmental unit administers or
enforces. Define 11emergcncy periqd 11 as the period covered by a public health emergency plus 30
days after the end of the .emergency.Define 11deadline 11 to mean any date certain by which, or any
limitation as to time within ·~•rhich, anaction or event is required to occur. Specify that a state or local
governmental unit may not d1l3:rgeaJly,,ip,te~estor peI1alties that would otherwise apply with respect
to the suspenclecLcleadlines. ·Specify that duringan emergency period, a state or local unit of
govemmenfrnay suspendany training requirements that are associated with programs the state or
local unitof government administers or .enforces. The provision would first apply to deadlines or
training requirements during a.public health emergency declared on March 12, 2020, by executive
order #72, including any extensions.
Specify that the suspension of deadlines does not apply to tax-filing deadllncs with respect to
tax revenues depositeq to the general fund, certain taxes and fees deposited to the transportation
fund, or to interest and penalties on property taxes payable in 2020 that are due after February 1,
2020, provided that the full amount of the payment is received on or before October 1, 2020. These
tax-filing deadlines are described under 11Revenue. 11

2.

IN PERSON APPEARANCE WAIVER

Specify that the head or governing body of a state entity may waive a requirement imposed,
administered, or enforced by the state entity that an individual appear in person during a public
health emergency declared by the Governor if the head or governing body finds that the waiver
assists in the state's response to the public health emergency or that enforcing the requirement may

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 increase the public health risk. Define "state entity" to mean any state agency, institution of higher
education, association, society, or other body in state govenunent, created or authorized to be
created by the Constitution or any law that is entitled to expend moneys appropriated by law,
including the Legislature, the Comis, and any authority.

3.

EXEMPTION FROM CIVIL LIABILITY FOR MANUFACTURE OF MEDICAL
SUPPLIES AND EQUIPMENT DURING PUBLIC HEALTH EMERGENCY

Exempt manufacturers, distributors, and sellers of emergency medical supplies and equipment
that donate or sell their products in response to a state of emergency declared under s. 323 .10 of the
statutes from civil liability associated with injury or death caused by those products. The
manufacturer, distributor, or seller would be exempt from civil lhibility only if the product were sold
or donated to a nonprofit organization or unit of government at a price that does not exceed the cost
of production, defined to include only the cost of inputs, wages, operating the manufacturing facility,
and transpol1ing the product. Define emergency meqical supplies and equipment as any medical
equipment or supplies necessary to limit the spread of, or provide treatment for, a disease associated
with a public health emergency, including life support devices, personal protective equipment,
cleaning supplies, and any other item determined to be necessary by the Secretary of the Department
of Health Services. Specify that the exemption would not apply if the death or injury were caused
by a willful act or omission.

4.

EXEMPTION TO 50 PIECE RULE FOR EMERGENCIES

Allow a person elected to state or local office who becomes a candidate for a national, state,
or local govemmenLoffif::e to use public funds to pay for communications related to a state of
emergency or a public health emerge11cydeclared by the Governor, if the communications are made
during the emergency period, or within 30 days after termination of the emergency period.
Under current law, with limited exceptions, a person elected to state or local office who
becomes a candidate for a national, state, or local government office may not use public funds to pay
for 50 or more pieces of substantially identical material during the campaign season.

HEAL TH SERVICES

1.

TEMPORARY SUSPENSION OF MEDICAL ASSISTANCE PROVISIONS TO
MEET CONDITIONS FOR ENHANCED FEDERAL MATCHING PERCENTAGE

Authorize DHS to take certain actions, as described below, to satisfy criteria for qualifying for
enhanced federal medical assistance percentage (FMAP) available during an emergency period
declared in response to the novel coronavirus pandemic, as established by the federal Family First

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 Coronavirus Response Act (FFCRA).
Under this provision, the Department would be authorized to do the following on a
temporary basis: (a) suspend monthly premiums for childless adults covered under the medical
assistance (MA) program; (b) suspend the requirement that childless adults complete a health risk
assessment questionnaire for childless adults, as a condition of MA eligibility; (c) delay the
implementation of a community engagement requirement for childless adults until the date that is
either: (1) 30 days after the day the federal government has approved the community engagement
implementation plan; or (2) 30 days after the last day of the calendar quarter in which the last day
of the declared federal public health emergency associated with the npvel coronavirus pandemic
occurs; and (d) maintain continuous enrollment of for any MA beneficiary who is enrolled as of
the date of passage of the FFCRA (March 18, 2020), or who subsequently enrolls in the program
during the period of the federal public health emergency, m1tilthe end of the end of the final month
during which the federal public health emergency is in effect.
The Department of Health Services implemented the monthly premiums and health risk
questionnaire beginning on February l, 2020, under tenns of a federal waiver applicable for
Medicaid coverage for childless adults. The community engagement provision is another waiver
provision, which has not yet been implemented. Under provisions established under 2017 Act 370,
the deadline for implementation of this provision is currently April 29, 2020, although the federal
government has not approved the final implementation plan.
The FFCRA increases each state's FMAP by 6.2 percentage points during any calendar
quarter for which the COVID-19 federal public health emergency is in effect, provided that the
state meets certain maintenance of effort criteria. This increase will apply, at a minimum to the
first two quarters of 2020, Januaiythrough March, and April through June. Based on current
expenditure levels in the state's medical assistance program , the increase to the state's FMAP will
increase federal Medicaid matching Junds by approximately $150 million per quarter, or
approxirnately$30Omillion over the two quarters covering the final six months of state fiscal year
2019-20.

In order to qualify for the FMAP increase, states must: (a) not adopt more restrictive
eligibility standards, methodologies, or procedures for their Medicaid programs than were in effect
on January 1, 2020; (b) not charge a higher premium for any eligibility groups than was in effect
on January 1, 2020; (c) ensure that any person who was enrolled as of the date of enactment of the
FFCRA or who enrolls during the federal public health emergency be eligible for benefits through
the end of the month in which the public health emergency period ends; and (d) provide coverage
of COVID-19 testing and treatment for Medicaid beneficiaries without cost sharing. With respect
to premiums, a state is not ineligible for the FMAP increase during the 30-day period following
the passage of the FFCRA (that is, through April 17, 2020), if it had a premium in effect on the
date of passage that would otherwise not be in compliance with the maintenance of effort
requirement.
Since the state's childless adult waiver provisions were implemented after January 1, 2020,
the provisions must be suspended in order for the state to qualify for the enhanced FMAP. In
addition, the state must make modifications to eligibility review processes to ensure continuous

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 enrollment for MA beneficiaries during the federal public health emergency. The changes under
this item, which would be established in a nonstatutory provision, are intended to make the state
eligible to receive enhanced FMAP under the FFCRA .

2.

SECTION 1135 AND 1915(C) APPENDIX KW AIVER REQUESTS

Specify that current law provisions, enacted in 2017 Wisconsin Act 370 relating to legislative
authorization for, and review of federal waiver requests proposed by the Department of Health
Services (DHS) do not apply to any waivers submitted under Section 1135 of the Social Security
Act or any waiver amendments to an existing waiver submitted as an Appendix K waiver (as
authorized m1der Section 1915( c) of the Social Security Act), during a period of the federal public
health emergency declared on January 31, 2020, by the Secretary of the Department of Health and
Human Seivices, provided the waiver requests are limited to the subjects specified below.
Section 1135 Waiver Provisions

A Section 1135 waiver provides states flexibility with respect to Medicaid program
requirements during a period of a public health emergency. ·

Services Provided in Alternative Settings. Allow providers to receive payments for services
provided to affected beneficiaiies in alternative physical settings, such as mobile testing sites,
temporary shelters or other non-traditional or alternative care facilities,
Pre-Admission Screening and Annual Resident Review (PASSR Level I and Level II
Assessment) when Residents are Transferred. Waive the current PASSR requirements when a
resident is transferred to a nursing home.
Under this item, if a 11ursing faci]ity is not ce1iain whether a Level I PASSR had been
conducted at the resident's evacuating facility, the Level I PASSR could be conducted by the
admitting facility during the first few days of admission as part of intake. If there is not enough
infonnation to complete a Level I P ASSR, the nursing facility would be required to document this
in the case files. In addition, Level II evaluations and determinations would not require preadmission
when residents are being transferred between NFs. Residents who are transferred would receive a
post-admission review, which would be completed as resources become available.
DHS indicates that, while the PASSR level screening flexibilities were included in the CMS
blanket waiver, CMS has 11otifiedstates that they must submit a request to utilize these flexibilities
in their 1135 request in order to effectuate them.

Hospital Accreditation Requirements. Allow hospitals that have obtained state licensurc but
have not yet received accreditation from The Joint Commission to bill Medicaid for the seivices they
provide during the duration of the public health emergency.
Provider Screening and Enrollment Requirements

Provider Application Fees. Waive payment of application fees to temporarily enroll a provider
for 90 days or until the termination of the novel COVID-19 declaration of emergency, whichever is

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 longer.

Criminal Background Checks. Waive pre-emolhnent criminal background checks for
Medicare-enrolled providers to temporarily enroll a provider for 90 days or until the termination of
the novel COVID-19 declaration of emergency, whichever is longer.
Site Visits. Waive site visit requirements to temporarily enroll a provider for 90 days or until
the termination of the novel COVID-19 declaration of emergency, whichever is longer.
Revalidation qf Medicaid Providers. Suspend provisions that require DHS to revalidate
providers who are enrolled as providers in Wisconsin's Medicaid program or otherwise directly
impacted by the emergency for 90 days or until the termination of the novel COVID-19 declaration
of emergency, whichever is longer.
Licensure Requirements. Waive the requirement that physicians and other health care
professionals be licensed in the state in which they are providing services, so long as they have
equivalent licensing in another state or are enrolled with Medicare.
Service Authorization and Utilization Controls

Prior Authorization. Authorize DHSto request DHHS to grant temporary authority to waive
prior authorization requirements for accessing covered MA state plan and waiver benefits.
Nonemergency Transportation. Expand non-emergency transportation services to allow for
reimbursement of any Medicaid eligible individual, additional vendors, transportation for caregivers
who provide services to Medicaid members, and meal delivery to Medicaid members.
Administration

Public Notice Requirements. Waive .pµ~lic notice requirements that would otherwise be
applicable to state plan and waiver changes; including notice requirements relating to alternative
benefit plans, premiums and cost-sharing, and public notice of changes in statewide methods and
standards for setting paymentrates.
Tribal Consultations. Modify the tribal consultation timelines specified in the Wisconsin
Medicaid state plan, to allow for consultation at the next future tribal health director meeting.
Submission q(State Plan Amendment. Modify the requirement to submit a state plan
amendment (SPA) by March 31, 2020, to obtain a SPA effective date during the first calendar quarter
of 2020.
Additional Flexibilities. Simplify program administration by allowing for temporary state plan
flexibilities, such as lifting benefit limits, applying targeted rate increases for certain providers, rather
than requiring the states go through the state plan amendment submission and approval process. The
state would memorialize the temporary state plan changes in formal documentation submitted to
CMS.
Timely Filing for Provider Billings. Waive timely filing requirements for billings, which

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 would permit providers time to implement changes to correct coding and other structural pieces built
into their systems and payer ability to adjudicate .

Eligibility
Hospital Presumptive Eligibility Determinations. Expand presumptive eligibility hospitals
make to include patients who are over age 65, and disabled individuals.
Electronic Sign,atures. Allow flexibility for the submission of electronic signatures on behalf
of an MA recipient by application assistors if a signature cannot be captured in person.
Managed Care

Initial and Periodic Re-Credentialing. Waive MCO requirements to complete initial and
periodic re-credentialing of network providers, as long as the providers meet WI Medicaid provider
enrollment requirements during the declaration of emergency.
Extend Pre-Existing Authorizations . Require managed care organizations to extend preexisting authorizations through which a beneficiary has previously received prior authorization
through the termination of the emergency declaration.
Hospital Provisions

Physician Referral. Waive sanctions under sectionl877(g)
relates to limitations on physician referral.
·

of the Social Security Act, which

Flexibility for Teaching Hospitals. Allow flexibility in how the teaching physician is present
with the patient and resident, such as permitting the use of real time-audio video or access through a
window.
Flexibility in Equipment Requirements. Authorize the waiver of certain equipment
requirements in CMS Hospital Equipment Maintenance Requirements guidance issued in December
20, 2013.
Nursing Homes

Physician Extenders . Create provisions allowing for additional flexibilities to allow for the
utilization of physician extenders in place of medical directors and attending physicians, and through
telehealth options.
Notice of Transfers. Waive requirements relating to notice of transfers within a facility.
Orientation Prior to for Transfers or Discharge. Waive requirements relating to nursing
homes' need to document sufficient preparation and orientation to residents prior to their transfer to
another facility or prior to discharge
Bedholds. Waive requirements relating to bedholds (temporary absences of nursing home
residents) .

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 In-Service Education. Waive requirements relating to regular in-service education.
Nurse Staffing hiformation. Waive requirements that nursing homes post certain information
on nurse staffing.
Drug Regimen Review. Suspend a requirement that a pharmacist conduct monthly record
reviews.
Paid Feeding Assistants. Waive or lessen requirements and set guidelines for training to assist
with the COVID-19 crisis.
Maintenance Reviews . Waive the annual and quarterly screening of fire extinguishers or any
other annual review of maintenance review.
Nurse Aide Training. Authorize DHS to seek temporary authority to: (a) allow all clinical
hours to be online simulation; (b) waive requirements relating to the loss of the nurse aide training
and competency evaluation program (NATCEP); and .(c) waive requirements for trai11iugof paid
feeding assistants.
Home Health Agencies. Authorize DHS to seek temporary authority to allow home health
agencies to perform certifications, initial assessments and detem1ine patients' homebound status
remotely or by record review.

Facility Life Safety Codes. Authorize DHS to seek temporary authotity to waive the
following life safety codes on behalf of hospitals, hospices/nursing homes, intermediate care
facilities for individuals withintellectual disabilities, and critical access hospitals: (a) as they relate
intermediate care facilities for individuals with intellectual disabilities; (b) fire alarm systems with
approved maintenance and testing programs; ( c) testing and maintenance of automatic sprinkler and
standpipe systems; (d) inspection and .maintenance of portable fire extinguishers.
Authorized Section 1915(c) Appendix K Waiver Provisions

A Section 1915(c) Appendix K waiver amendment would allow Wisconsin to modify its 1915
(c) home and community-based service waivers (Family Care, IRIS, and children's long term support
(CLTS)) to respond to the current public health emergency .
This provision would exempt a 1915 (c) Appendix K waiver amendment from the statutory
requirements regarding legislative oversight of such a submission by the Wisconsin Department of
Health Services to the Centers for Medicare and Medicaid Services (CMS), if the Appendix K
submission would:
Allow:

•
All waiver services and administrative requirements that that can be provided with the
same functional equivalency of face to face services to occur remotely;
•
Adult day service providers, prevocational providers and supported employment
providers to provide services in alternate settings;

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 •
Up to three meals per day for home delivered meals for Family Care and IRIS enrollees
and add home delivered meals as a benefit in the CLTS waiver to support the child and family;
•
Any individual with intellectual or developmental disabilities to reside in community
based residential facility with greater than eight beds;
•
For all waiver se1vices to be provided in temporary settings including congregate
settings, private residences, hotels, shelters, schools, and churches;
•
Waiver services to be provided temporarily in an acute care hospital or in a short-term
institutional stay;
•

Payment to be made for waiver services provided in out of state settings;

•

General retailers to provide assistive technology and communication aids;

•
Providers certified or licensed in other states or by Medicare to perform the same or
comparable services in Wisconsin;
•
The state Medicaid agency to waive provider qualifications as necessary to increase the
pool of available providers;
•

Four-year background checks to be delayed;

•

Non-ce1tified individuals to provide home delivereg i:neals;

•
Parents to be paid caregivers for their minor children in CLTS when providing a service
that would otherwise have been performed and paid for by a provider;
•

Individuals to train unpaid caregivers;

•
The option to conduct evaluations, assessments, and person-centered service planning
meetings virtually or remotely in lieu ·of face-to-face meetings;
•
:For data entry of incidents into the Incident Reporting System outside of typical
timeframes;
The state Medicaid agency to draw federal fmancing match for payments, such as
hardship or supplemental payments, to stabilize and retain providers who suffer extreme disruptions
to their standard business model or revenue streams as a result of COVID-19;
•
The state Medicaid agency to waive participant liability for room and board when
temporarily sheltered at non-certified or non-licensed facilities;
•
The state Medicaid agency to pay for waiver services that are not documented in the
member/participant's member-centered plan;
•
Managed care enrollees to proceed almost immediately to a state fair hearing without
having a managed care plan resolve the appeal first by permitting the state Medicaid agency to

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 modify the timeline for managed care plans to resolve appeals to one day so the impacted appeals
satisfy the exhaustion requirements and give enrollees more time to request a state fair hearing;
•

The state Medicaid agency to extend the certification period oflevel-of-care screeners;

•
The state Medicaid agency to waive requirements related to home and communitybased settings on a case by case basis in order to ensure the health, safety and welfare of affected
beneficiaries wider federal law;
•
Any items approved by CMS for Appendix K to automatically be applicable to
Wisconsin's concurrent 1915(b) waiver;
•
The state Medicaid agency to waive enrollment or eligibility changes based on a
completed functional screen resulting in a change in level-of-care;
•

For continued enrollment in CLTS past the age of 18 and 21; and

•

The state Medicaid agency to suspend involW1tarydisemolhnents.

Delete:

•
service;

The requirement to complete a six month progress report to reauthorize prevocational

•
The limitation that quotes from atleast three providers must be obtained and submitted
for home modifications;
•
The limitation that supportive home care (SHC) cannot be provided in adult family
homes and residential care apartment complexes;
•
The limitation of personal/nursing services for recipients in residential care apartment
complexes;
•
The limitation that participants cannot receive other waiver services on the same day as
receiving respite; and
•
The limitation of using funds to relocate from an institution or family home to an
independent living arrangement.
Modify:

•
The scope of the child care benefit to allow for the provision of childcare payment of
children under the age of 12 in the program for direct care workers and medical workers who need
access to childcare during the emergency;
•

By relaxing, prior approval and authorization requirements; and

•
The tribal consultation timelines, to allow for consultation at the next future Tribal
Health Directors meeting.

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WI-SEN-20-0888-A-000113

 Delay:
•

Provider licensing or certification reviews.

Expand:
•

Transportation providers to include individual and transportation network companies;

and
The pool of available providers by adding nursing students to provide allowable nursing
services.
Waive:
•

Choice of provider provisions;

•

The managed care network adequacy requirements under federal law;

•
providers;

Requirements to complete initial and required periodic credentialing of network

•
•

The requirement to distribute member-centered plans tp essential providers;
Public notice requirements that would otherwise be applicable to waiver changes; and

•

Timelines and grant leeway for reports, required surveys, and notifications.

Add:
•

3.

A verbal and electronic method to signing off on required documents.

GRANTS FOR UNREIMBURSED COVID-19 COSTS

Authorize the Department of Health Services to submit a request to the Joint Committee on
Finance duringthe 2019-21 biennium for an appropriation supplement to make grants to healthcare
providers for unrcimbursed costs associated with treatment of patients with COVID-19.

4.

HOURS OF INSTRUCTIONAL PROGRAMMING FOR NURSE AIDES

Prohibit the Department of Health Services from requiring an instructional program for nurse
aides in Wisconsin to exceed the federally required minimum total training hours or minimum
hours of supervised practical training.
Currently, nurse aides in Wisconsin are required to complete a minimum of 120 total training
hours, including 32 hours of supervised practical training. Federal law currently requires nurse
aides to complete 75 total training hours, including 16 hours of supervised practical training.

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 5.

HOSPITAL, PRIVATE LABO RATORY, AND DHS REPORTING

Require every hospital, isolation facility, and other entity that provides hospitalization
(hereafter, "facilities") and private laboratories to submit information to the Department of Health
Services (DHS), and require DHS to publicly report information it receives, as described below.
Facility Reporting

Daily Reports. Require every facility to report the following information to DHS daily: (a) the
number of new positive COVID-19 test results for individuals working at .the facility and for patients;
(b) the daily census of COVID-19 patients in the facility; (c) the daily census of presumptive
COVID-19 cases in the facility; (d) the total number of COVID-19 patients, including presumptive
cases, in a bed in the facility's intensive care unit (ICU); and (e) the tot<tlnumber of COVID-19
patients, including presumptive cases, who are on ventilators. Specify that these requirements
begin on the date of the first case of COVID-19 at the facility.
Further, beginning on the date of the first case of COVID-19 at the facihty and daily
thereafter, require each facility to report to DHS the Jotal number of functional ventilators
possessed by the facility and, of the number of ventilators tl:le facility possesses, the number of
ventilators that are in use and the number of ventilators that arein use by COVID-19 patients or
presumptive COVID-19 patients.
Weekly Reports. Require every facility to report the following information on a weekly basis:
(a) the number of COVID-19 patients at the facility who moved :(rnm a regular hospital bed to a bed
in an intensive care unit, and, as applicable, onto a ventilator, including the amount of time each
patient spent at each level of care; (b) the number of CO VID-19 patients at the facility who moved
from a bed in an intensive care unit or being on a ventilator to a regular hospital bed, including the
amount of time each patient spent at each level of care; (c) the number of patients who were
confirmed to have COVID-'19 andwho wen~rnleased from the facility, including the amount of time
each patientspent iriJhefacility. Specify that these requirements begin on the date of the first case
of COVID-19 at the facility,
Private Laboratory Reporting

Require every private laboratory that is testing individuals for COVID-19 to report, on a
weekly basis, the number of tests the laboratory is capable of processing and the average amount of
time the laboratory takes to produce a result from the time the test has been submitted.

DRS Reporting and Authority to Withhold CARES Act Funds for Noncompliance
DHS Reporting. Beginning April 24, 2020, require DHS to report publicly all of the following:
(a) on a daily basis, the information facilities are required to report on a daily basis; (b) on a weeldy
basis, the information facilities are required to report on a weekly basis; and ( c) the daily availability
of ventilators in the state, including any ventilators acquired directly by DHS and the data on
ventilators that facilities are required to report on a daily basis; and (d) the weekly capacity for testing
for COVID-19 in the state, including the data submitted by private laboratories.
Imposition of Penalties for Noncompliance. Authorize DHS to create a metric to allow the

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 Department to measure compliance with the data reporting requirements and to withhold funding
available under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act (P .L. 116136) to noncompliant health care providers.

6.

MEDICAL ASSISTANCE INCENTIVE PAYMENTS TO
PARTICIPATION IN HEALTH INFORMATION EXCHANGE

ENCOURAGE

Require the Department of Health Services to develop, under the MA program, a payment
system based on performance to incentivize participation in health information data sharing to
facilitate better patient care, reduced costs, and easier access to patient infonnation.
Require DHS to establish performance metrics for the payment system that satisfy all of the
following : (a) the metric must include participation by providers in a health information exchange at
a minimum level of patient record access; (b) the payment under the payment system must increase
as the participation level in the health information exchange increases; (c) the payment system must
begin in the 2021 rate year; and (d) for purposes of this payment system, require DHS to seek any
available federal moneys, including any money available for this purpose under the federal
Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-l 36), to assist small, rural providers
with the costs of information technology setup to participate in the health information exchange.

7.

SENIORCARE COVERAGE OF VACCINATIONS

Expand the SeniorCare prescription drug assistance program to include coverage of
vaccinations that are recommend for administration to adults by the Federal Centers for Disease
Control and Prevention's advisory committee on immunization practices and approved for the
administration to adults by the Wisconsin DepartmentofHealth Services. Require DHS to provide
reimbursement under SeniorCare for the administration of vaccinations to health care providers,
including pharmacies and pharmacists, provided that the enrollee has met the program's deductible
requirem,ents or is not required to pay a deductible. Require the Department to use the same method
of reimbursement for the ingredient and dispensing fees as is used for vaccinations under the medical
assistance program. Require the Department to devise and distribute a claim form for use by health
care providers for vaccinations. Authorize DHS to limit payment for vaccinations to claims that are
submitted directly to the Department and specify that DHS may apply the same utilization and cost
control procedures for vaccinations that apply under the medical assistance program.
Require DHS to seek to enter into rebate agreements with manufacturers who sell vaccines,
modeled on current rebate agreements used in the program for prescription diugs . Specify that to the
extent that rebate agreements are in place for vaccines, manufacturers must make rebate payments
for vaccines for which reimbursement was provided under the SeniorCare program .
SeniorCare is a program administered by DRS that provides assistance with the purchase of
prescription drugs for enrollees. To be eligible, enrollees must be at least 65 years old and meet
income thresholds . Enrollees with an income exceeding 160% of the federal poverty level must meet
a deductible requirements before becoming eligible for program benefits .

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 INSURANCE

1.

NO COST SHARING FOR COVID-19 TESTING DURING 2020

Require any self-insured health plan offered by a local government or school district, any
health insurance policy, and any state health plan that generally covers testing for infectious diseases
to provide coverage of testing for COVID-19 withoutimposing any copayment or coinsurance on
the individual covered under the policy or plan, for any such testing done prior to March 13, 2021.

2.

PROHIBIT COVERAGE DISCRIMINATION BASED ON COVID-19

Prohibit any insurer, pharmacy benefit manager, or self-insured health plan from using a
current or past diagnosis, or suspected diagnosis, of COVID-19, as the basis for doing tlle following:
(a) establishing rules, applicable to an individual or employer or other group, for eligibility for
enrollment, continued eligibility to remain enrolled, or renewal of coverage; (b) canceling coverage
during a contract term; (c) establishing rates for coverage; or (d)refusing to grant a grace period for
the payment of premium, if a grace period for payment of premium would generally be granted under
the plan.

3.

PRESCRIPTION DRUG LIMITS

Prohibit any health insurance policy, state employee health plan, or self-insured health plan
offered by a local government or school district, or a pharmacy benefit manager acting on behalf of
a policy or plan from doing the following ~.uringthe period covered by the state of emergency related
to public health declared by the Governor ondvfarch 12, 2020, under Executive Order 72: (a)
requiring prior authorization for early refills of a prescription dmg or otherwise restrict the period of
time in which a prescription drug may be refilled; or (b) imposing a limit on the quantity of
prescriptiondrugs that may be obtained if the quantity is no more than a 90-day supply. Specify that
these restrictions do not apply to a prescription drug that is classified as a controlled substance by
the Controlled ·Substances Board.

4.

LIABILITY INSURANCE FOR PHYSICIANS AND NURSE ANESTHETISTS

Specify that, during the public health emergency declared on March 12, 2020, under Executive
Order 72, any physician or nurse anesthetist for whom Wisconsin is not a principal place of practice
but who is authorized to practice in Wisconsin on a temporary basis, may fulfill the state's practice
liability insurance requirements by filing with the Office of the Commissioner of Insurance a
certificate of insurance for a policy of health care liability insurance issued by an insurer that is
authorized in a jurisdiction accredited by the National Association of Insurance Commissioners.
Specify that such a physician or nurse anesthetist may elect, in a manner specified by the Insurance
Commissioner by rule, to be subject to the state's liability provisions and the state's injured patients

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 and families compensation program.
Health care providers are generally required to obtain liability insurance coverage, issued by
an insurer authorized to do business in Wisconsin, for $1,000,000 per claim or occurrence and for
$3,000,000 for all claims or occurrences in a year. Liabilities in excess of those amounts are paid
from the state's injured patients and fanlilies compensation program, which is funded from
assessments collected on providers . This item would allow out-of-state physicians and nurse
anesthetists who are authorized to practice in Wisconsin on a temporary basis during the declared
public health emergency, to satisfy liability insurance requirements with a policy issued by an insurer
auth01ized for business in another state or jurisdiction.

5.

LIABILITY FOR PROVIDERS OF HEALTH SERVICES DURING COVID-19
PUBLIC HEALTH EMERGENCY

Specify that any health care professional , health care provider or employee, agent, or
contractor of a health care professional is immune from civil liability for the death of injury to any
individual or any damages caused by actions or onlissions taken in providing services ·to address, or
in response to, the COVID-19 outbreak under circumstances that satisfy all of the following
conditions: (l) the actions or omissions do not involve reckless or wanton conduct or intentional
misconduct; (2) the services are provided during state of emergency declared by the Governor for
the state or part of the state or during a period extending 60 days following the expiration of the state
of emergency; and (3) the acts or omissions are substantially consistent with any of the following:
(a) any direction, guidance, recommendation, or othel' stateme11tmade by a federal, state, or local
outbreak; or (b) any guidance published by the Department of
official to address the COVID-19
Health Services, the federal Department of Health and Human Services, or any divisions or agencies
of the federal Department of Health and Human Services relied upon in good faith .

or

a

Specify that the liability pmtections established under these provisions do not apply if: (a)
current statutory protections indemnifying volunteer practitioners or health care facilities during a
public health emergency apply; or (b) current statutory limitations on liability of state or local units
of government, or public shelters during a public health emergency apply.
For the purposes of this provision, the term "health care professional" would be defined as an
individual who is licensed, registered, or certified by the Medical Examining Board or the Board of
Nursing.

6.

OUT-OF-NETWORK CHARGES AND PAYMENTS DURING A PUBLIC HEALTH
EMERGENCY

Specify that , during a state of emergency related to public health declared by the Secretary of
the U.S. Department of Health and Human Services or by the Governor, any defined network or
preferred provider health plan may not require an enrollee to pay, including cost sharing, for a
service, treatment, or supply rendered by a provider that is not in the plan's network more than the
enrollee would pay if the service, treatment, or supply is rendered by an in-network provider, if the
following apply : (a) the service , treatment, or supply is related to a diagnosis or treatment for the

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 condition for which the public health emergency is declared; and (b) the service, treatment, or supply
is rendered by an out-of-network provider because no in-network provider is available due to the
public health emergency. Specify that, in these circumstances, the plan must reimburse the out-ofnetwork provider at 225 percent of the rate the federal Medicare program reimburses the provider
for the same or a similar service, treahnent, or supply in the same geographic area.
Specify that, during a declared public health emergency, any health care provider or facility
that renders a service, treatment, or supply to an enrollee of a defined network plan or preferred
provider plan that does not include the health provider or facility in its network must accept as
payment in full any payment that is at least 225 percent of the Medicare rate for a similar service,
treatment, or supply in the same geographic area. Prohibit the provider from charging the enrollee
an amount that exceeds the amount the provider of facility is reimbursed by the defined network plan
or preferred provider plan.
Authorize the Insurance Commissioner to promulgate any rules necessary to implement these
prov1s1ons.

LEGISLATURE

1.

LEGISLATIVE AUDIT CBUREAU CRITERIA AND REPORTING

Specify in a nonstatutory provision that, beginning July 1, 2020, and continuing through June
30, 2021, the Legislative Audit Bureau must use risk-based criteria to review selected programs
affected by this proposal and selected expertditllfes made with funds authorized under this proposal.
Further, require the Legislative Audit Bureau to report the results of its reviews at least quarterly to
the Joint Legislative Audit Committee and to the Legislature. Risk-based criteria could include
a certain threshold levels or the review of more recently created
at or above
review of expenditures
.
..
statutmy programs.

PUBLIC INSTRUCTION

1.

SCHOOL AND SCHOOL DISTRICT ACCOUNTABILITY REPORTS

Specify that the Department of Public Instruction would not be required to publish school and
school district accountability reports for the 2019-20 school year.
Under current law, DPI is required to publish accountability reports annually no later than

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 November 30. The report cards issued each fall are based on data from assessments administered the
previous spring.

2.

PUPIL ASSESSMENTS

Specify that current law requiring assessments to be administered annually to pupils attending
school in a public school district, independent charter school, private choice school, or special needs
scholarship program school would not apply in 2019-20. Current law requires pupils to be given
annual reading test in the 3rd grade, as well as assessments adopted by the State Superintendent in
the 4th, 8th, 9th, 10th, and 11th grades.
Specify that pupil performance on assessments in the 2019~20 could not be considered for the
evaluation of teachers and principals under the statewide .educator effectiveness system. Under
current law, the educator effectiveness system must be based in part upon measures of pupil
performance, including performance on state assessments.
Modify statutory language under the Opportunity Schools and Partnership Program (OSPP)
to accommodate a one-year lapse in administering statewide assessments and publishing
accountability reports. Under current law, a school district is subject to an OSPP if it is placed in the
lowest performance category in the schooLdistrict accountability reports published in the three
··
previous school years; no districts currentIYmeeftho~~ criteria.

3.

VIRTUAL INSTRUCTION REPORTS

Require school boards to submit a report to the Department of Public Instruction (DPI) by
November l, 2020, regarding virtual _instruction provided during the public health emergency in the
2019-20 school year during which public scli<)Olsare closed by the Department of Health Services.
The report woµld be ,required to .include the following: (a) whether or not virtual instruction was
implemented in the school district during the public health emergency, and, if so, in which grades it
was implemented; (b) if virtual instruction was implemented, the process for implementing the
virtual instruction; (c) for eacl:i grade level, the average percentage of the 2020 spring semester
instruction that was provided to pupils, including both in-person and virtual instruction; (d) whether
anything was provided to pupils during the 2020 summer to help pupils learn content that they missed
because of the public health emergency and, if so, what was provided to pupils; (e) recommendations
for best practices fortral}sitioning to and providing virtual instrnction when schools are closed; (f)
any challenges or barriers the school board faced related to implementing virtual instruction during
the public health emergency; (g) by position type, the number of staff members who were laid off
during the public health emergency; (h) the number of lunches the school board provided during the
public health emergency; and (i) the total amount by which the school board reduced expenditures
during or because of the public health emergency in each of the following categories: utilities,
transportation, food service, personnel (including reductions resulting from layoffs), and contract
terminations. For purposes of the report, virtual instruction would include any instruction provided
through means of the Internet, if the pupils participating in and instructional staff providing the
instruction are geographically remote from each other.

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 Require DPI to compile and submit the information received from the school board reports to
the appropriate standing committees of the Legislature no later than January 1, 2021.

4.

HOURS OF INSTRUCTION FOR PRIVATE SCHOOLS

Specify that current law requiting a private school patticipating in a choice program to provide
at least 1,050 hours of direct pupil instruction in grades 1 to 6 and at least 1,137 hours of direct pupil
instruction in grades 7 to 12 would not apply in the 2019-20 school year . .
Additionally, specify that the hours of instruction required for aninstitution to be defined as a
private school would not apply in the 2019-20 school year. Under current law, an institution must
meet certain criteria to be considered a private school, including providing at least 875 annual hours
of instruction.

5.

STATEWIDE PRIVATE SCHOOL CHOICE .ENROLLMENT DATES ·

Specify that the enrollment period for pupils who wish to participate in the statewide private
school choice program in the 2020-21 school year could extend up to 60 days after the last day of
the public health emergency. Require participating private schools to submit to the Department of
Public Instruction (DPI) the number of pupils Wh()liave applied to attend the public school and the
names of those applicants whose siblings have also applied to attend the private school within 14
days after the close of the enrollment period.
Under current law, the application period for the statewide choice program extends from the
first weekday in Febr\lary to the third Thursday in April, and schools must submit applicant
information to DPI by the first weekday in May. For the 2020-21 school year, the final application
period for pupils attending a private school under the Racine program ends on September 14, 2020,
and the final appliclltion period for Milwaukee pupils ends on January 5, 2021.

REVENUE

1.

PROPERTY TAX INTEREST PAYMENTS

For any property taxes payable in 2020 that are due after February 1, 2020, waive any interest
charges and penalties for late payment, provided that the full amount of the payment is received on
or before October 1, 2020. For any property taxes payable in 2020 that are delinquent after October
1, 2020, interest charges and penalties would begin accruing as of October 1, 2020.

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 2.

INTEREST AND PENALTIES DUE ON TAXES OWED DURING THE PUBLIC
HEALTH EMERGENCY

Permit the Secretary of the Department of Revenue to waive interest and penalties for persons
that owe, but fail to remit, general fund taxes, or taxes or fees that are deposited in the transportation
fund, by the filing date if, in the Secretary's determination, that person failed to timely remit those
taxes due to the effects of the coronavirus outbreak of 2020. Specify that the Secretary must make
this determination on a case-by-case basis. Specify that this provision applies only to general fund
tax.es, or tax.es and fees that are deposited in the transportation fund, with filing dates that fall within,
and interest and penalties that accrue during, the public health emergency that was declared by the
Governor on March 12, 2020, by Executive Order 72, including any extension of time authorized
under a joint resolution by the Legislature.

3.

INCOME AND FRANCHISE TAX FILING EXTENSION

President Trump declared a national emergency in response to the coronavirus .outbreak on
March 13, 2020 . Following this declaration, the Treasury Department and Internal Revenue Service
announced on March 21, 2020, that the deadline for filing federal income tax returns is extended
from April 15, 2020, to July 15, 2020. Taxpayers who make estimated income tax payments that
would otherwise be due on April 15 can mak.e such payments by July 15 without incurring any
interest or penalties, regardless of amounts owed by a taxpayer. A taxpayer need not file any
additional forms in order to qualify for this extended due date.
Wisconsin law provides sitnilar treatment such that state income and franchise taxpayers with
tax filing due dates of Aprill5, 2020, will have until July 15, 2020, to file their state income or
franchise tax returns for tax year 2019, or make their first tax year 2020 estimated payment, without
interest, penalty, or underpayment interest applying until that date.

SAFETY AND PROFESSIONAL SERVICES

1.

HEAL TH CAREPROVIDER CREDENTIAL RENEWALS

Specify that a health care provider credential, as defined below, is not subject to renewal, or
any other conditions for renewal, including continuing education, and remains valid during the
period covered by the public health emergency declared on March 12, 2020, by Executive Order
72, including any extension, and continuing for 60 days after the end of the period covered by the
public health emergency declared on March 12, 2020, by Executive Order 72, including any
extension. Specify that these changes are notwithstanding the Department's general statutory
authority and requirements relating to notice of renewals; renewal dates, fees, and appbcations;
and late renewals, as well as the applicable statutory provisions for the health care provider
credentials, but subject to any professional discipline imposed on the credential.

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 Specify that a renewal that occurs subsequent to the public health emergency declared on
March 12, 2020, by Executive Order 72, including any extension, is not subject to the statutory
late renewal fee if the application to renew the credential is received before the next applicable
renewal date. Notwithstanding the applicable statutory provisions for the health care provider
credentials, the applicable credentialing board may, for that next applicable renewal date, provide
an exemption from, or reduction of, continuing education or other conditions for renewal.
Definition. For these purposes, define a "health care provider credential" to mean any
credential issued m1der the following state statutory chapters: Board of Nursing ( ch. 441 );
Dentistry Examining Board (ch. 447); Medical Practices (ch. 448); Pharmacy Examining Board
(ch. 450); Psychology Examining Board (ch. 455) ; Massage Therapy and Bodywork Therapy (ch.
460); or Radiographers and Limited X-Ray Machine Operators (ch. 462).

2.

TEMPORARY CREDENTIALS FOR FORMER HEALTH CARE PROVIDERS
DURING THE CURRENT PUBLIC HEALTHEMERGENCY

Authorize the Department of Safety and Professional Services (DSPS) to grant temporary
credentials to certain former health care providers during the state public health emergency
declared on March 12, 2020 under Executive Order 72, as follo\Vs.
Issuance of Temporary Credentials. Requfre:I)SPS to grant a temporary credential to a health
care provider if all of the following apply: (a) the health care provider submits an application to
DSPS: and (b) DSPS determines that the health care provider satisfies the eligibility requirements
for the credential and is fit to practice after conducting an investigation of the health care provider's
arrest or conviction record and record of professional discipline. Require DSPS to notify the health
care provider if DSPS de11iesthe provider's application for a temporary emergency credential.
·.

.

.

·.

Specify that, notwithstanding siatutoryprohibitions on practicing as a nurse, nurse-midwife,
dentist, dentalhygiel1ist 1 physician, physician assistant, perfusionist, respiratory care practitioner,
or pharmacist, unless credentialed under the appropriate statutory section, a health care provider
granted a temporruy credential under these provisions may provide services for which the health
care provider has been licensed or certified.
Require any health care provider who provides services authorized by a temporary credential
under these provisions to maintain malpractice insurance that satisfies the requirements of the
profession for which the health care provider has been licensed or certified.
Duration of Credential. Specify that a temporary credential granted under this provision
expires 90 days after the conclusion of the period covered by the public health emergency declared
on March 12, 2020, by Executive Order 72, including any extension.
Authority to Waive Credential Fees. Provide that, during the period covered by the public
health emergency declared on March 12, 2020, by Executive Order 72, including any extension,
DSPS may waive fees for applications for an initial credential and renewal of a credential for
registered nurses, licensed practical nurses, nurse-midwives, dentists, physicians, physician
assistants, perfusionists, respiratory care practitioners, pharmacists, psychologists, clinical social

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 workers, independent social workers, social workers, maniage and family therapists, professional
counselors, and clinical substance abuse counselors.

D~finitions. For these purposes, define "health care provider" to mean an individual who
was at any time within the previous five years, but is not currently, any of the following, if the
individual's credential was never revoked, limited, suspended, or denied renewal: (a) licensed as a
registered nurse, licensed practical nurse, or nurse-midwife under ch. 441 of the Wisconsin state
statutes; (b) licensed as a dentist under ch. 44 7 of the Wisconsin state statutes; (c) licensed as a
physician, physician assistant, or perfusionist under ch. 448 or certified as a respiratory care
practitioner under ch. 448 of the Wisconsin state statutes; (d) licensed as a pharmacist under ch.
450 of the Wisconsin state statutes; (e) licensed as a psychologist under ch. 455 of the Wisconsin
state statutes; (t) a clinical social worker, marriage and family therapist,or professional counselor
licensed under ch. 457 or an independent social worker or social worker certified under ch. 457 of
the Wisconsin state statutes; (g) a clinical substance abuse counselor certifieq under s, 440.88 of
the Wisconsin state statutes; or (h) any practitioner holding a ·credential to practice a profession
that is identified by the Department of Health Services during the period covered by the public
health emergency declared on March 12, 2020, by Executive Order 72, including any extension of
the public health emergency.
Define: (a) "credential" to mean license or certificate: and{b) "department" to mean DSPS.

3.

TEMPORARY CREDENTIALS FOR HEALTHCARE PROVIDERS FROM OTHER
STATES

Authorize DSPS to grant temporary credentials to certain health care providers from other
states during the period covered by tb,e public health emergency declared on March 12, 2020 under
Executive Order 72, including any extension of the public health emergency, as follows.

Temporary Credentials. Require DSPS to grant a temporary credential to a health care
provider, as defined below, if alfofthe following apply: (a) the health care provider submits an
application to DSPS, and {b) DSPS deteffilines that the health care provider satisfies the eligibility
requirements for the credential and is fit to practice after conducting an investigation of the health
care provider's arrest or conviction record and record of professional discipline. Authorize DSPS
to determine the appropriate scope of review of the background of a health care provider who
applies for a temporary credential under this paragraph. Require that if DSPS denies a health care
provider's application fora temporary credential under this section, DSPS must notify the health
care provider of the reason for the denial.
Specify that, notwithstanding statutory prohibitions on practicing as a nurse, nurse-midwife,
dentist, dental hygienist, physician, physician assistant, perfusionist, respiratory care practitioner,
or pharmacist, unless credentialed under the appropriate statutory section, a health care provider
granted a temporary credential under this paragraph may provide services for which the health
care.
Require that a health care provider who provides services authorized by a temporary
credential granted under these provisions, must maintain malpractice insurance that satisfies the

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 requirements of the profession for which the health care provider has been licensed or certified.

Duration of the Temporary Credential. Specify that a temporary credential granted under
this paragraph expires 90 days after the conclusion of the period covered by the public health
emergency declared on March 12, 2020, by Executive Order 72, including any extension.

Fee Waiver. Notwithstanding the Department•s authority to require standard fees for initial
credentialing and examinations and the applicable fee provisions in state statute, during the period
covered by the public health emergency declared on March 12, 2020, by Executive Order 72,
including any extension, authorize DSPS to waive fees for applications for an initial credential and
renewal of a credential for: registered nurses, licensed practical nurses, nurse-midwives, dentists,
physicians, physician assistants, perfusionists, respiratory care practitioners, pharmacists,
psychologists, clinical social workers, independent social wor~ers, socialworkers, marriage and
family therapists, professional counselors, and clinical subs.tance abuse counselors.

D~finitions. Define "health care provider" te> mean an individual who holds a valid,
unexpired license, certificate, or registration granted by another state or territory that authorizes or
qualifies the individual to perform acts that are substantially the same as the acts that any of the
following are licensed or certified to perform: (a) a registered nurse, licensed practical nurse, or
nurse-midwife under ch. 441 of the Wisc.onsin state statutes; (b) a dentist licensed under ch. 447
of the Wisconsin state statutes; (c) a physician, physician assistant, .or perfusionist licensed under
ch. 448 or a respiratory care practitioner certified und~r ch. 448 of the Wisconsin state statutes; ( d)
a pharmacist licensed under ch. 450 of the Wisconsitl state statutes; (e) a psychologist licensed
under ch. 455 of the Wisconsin state statutes; (f) a clinical social worker, marriage and family
therapist, or professional counselor licensed under ch. 457 or an independent social worker or
social worker certified under ch. 457 of the Wisconsin state statutes; (g) a clinical substance abuse
counselor certified under s. 440.88 of the Wisconsin state statutes; or (h) any practitioner holding
a credential to practice a profession that is identified by the Department of Health Services during
the period covered py the public health emergency declared on March 12, 2020, by Executive
Order 72, including any extension of the public health emergency.
ln <addition define: (a) '.'credential'' to mean license or certificate and (b) 41department" to
mean the Department of Safety and Professional Services (DSPS).

4.

PRESCRIPTION
EMERGENCIES

ORDER

EXTENSIONS

DURING

PUBLIC

HEAL TH

Expand the manner in which a phannacist can extend a prescription order. Specify that if a
pharmacist receives a request for a prescription to be refilled and the prescription cannot be refilled
under current state statutes governing initial fills and refills, the pharmacist may, subject to certain
statutory conditions, extend the existing prescription order and dispense the drng to the patient, if
the pharmacist has not received and is not aware of written or oral instrnctions from the prescribing
practitioner prohibiting further dispensing pursuant to or extension of the prescription order.
Prohibit a pharmacist from extending a prescription order under this section if: (a) a
prescribing practitioner has indicated, by writing on the face of the prescription order or, with

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 respect to a prescription order transmitted electronically, by designating in electronic format the
phrase "No extensions," or words of similar meaning; (b) the prescription is for a drug that is a
controlled substance; or (c) if a prescription order was previously extended for that particular
patient during the period covered by a public health emergency declared by the Governor,
including any extension of that public health emergency.
Further, prohibit a pharmacist acting under this provision from extending a prescription
order to dispense more than a 30-day supply of the prescribed drug, except that if the drug is
typically packaged in a form that requires a pharmacist to dispense the drug in a quantity greater
than a 30-day supply, the pharmacist may extend the prescription order as necessary to dispense
the drug in the smallest quantity in which it is typically packaged.
Require that a pharmacist, at the earliest reasonable time after actiµg under this provision,
notify the prescribing practitioner or his or her office. Howeyer, specify thatthe pharmacist is not
required to attempt to procure a new prescription order or ·refill authorization for the drug by
contacting the prescribing practitioner or his or her .office prior to acting under this provision.
Authorize the pharmacist, after acting under this provision, to notify the patient or other individual
that any further refills will require the authorization of a prescribing practitioner.
Specify that the authority granted under this provision applies only during the period
covered by a public health emergency declared by the governor, including any extension. During
that time, clarify that this paragraph supersedes existing circumstances under which a pharmacist
may extend a prescription order to the extent of any conflict.

5.

AUTOPSIES AND CREMATION OF BODIES OF PERSONS WHO DIED OF
COVID-19

For the period covered by the public health emergency declared on March 12, 2020, by
Executive Order 72, including any extension, specify that:
•
If a physician has signed the death certificate of a deceased person and listed COVID19 as the underlying cause of death, a coroner or medical examiner may issue a cremation permit to
cremate the corpse of that deceased person without viewing the corpse;

•

If a physician has signed the death certificate of a deceased person and listed COVID-

19 as the underlying cause of death, a coroner or medical examiner must issue, within 48 hours after
the time of death, a cremation permit for the cremation of a corpse of a deceased person;
•
If the m1derlying cause of a death is determined to be COVID-19, the person required
to sign the death ce1tificate must provide an electronic signature on the death certificate within 48
hours after the death occurs; and

•

If an individual dies of COVID-19 while he or she is in the legal custody of the

Department of Corrections and confined to a correctional facility located in this state, an autopsy on
the deceased individual may be performed by any coroner or medical examiner in this state.
Define "COVID-19" to mean an infection caused by the SARS-CoV-2 coronavirus.

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WI-SEN-20-0888-A-000126

 Under current law, a coroner or medical examiner must view the corpse of a deceased person
before issuing a cremation permit, and the corpse may not be cremated within 48 hours after the
death unless the death was caused by a contagious or infectious disease.
Further, under current law, if an individual dies while he or she is in the legal custody of the
Depa1iment of Corrections and confined to a correctional facility located in this state, an autopsy on
the deceased individual must be performed by the coroner or medical examiner of the county where
the death occurred .

WORKFORCE DEVELOPMENT

1.

TEMPORARY SUSPENSION OF THE UNEMPLOYMENT INSURANCEW AITING
WEEK

Provide that the waiting week requirement under currentlaw would not apply with respect to
benefit years that begin on or after March 12, 7020, so as to apply to the public health emergency
declared on March 12, 2020, by Executive Order 72, and before Jaimary 3, 2021. Require the
Department of Workforce Development (DWD) to seek the maximum amount of federal
reimbursement for benefits that are payable for the first weekofa claimant's benefit year as a result
of the application of this provision .
The CARES Act provides 100% federal funding of the first week of regular UI benefits for
states with no waiting weekthroughJ)ecember 31, 2020, plus administrative expenses incurred to
implement this provision . UnderJhe Act, states niay enter into an agreement with U.S. Department
of Labor (USDOL) for this funding if the state law, including a waiver of state law, provides that
compensation is paid to individuals for their first week of regular unemployment without a waiting
week. A state-federal agreement would apply to weeks of unemployment beginning after the date
on which tlie agreement is >entered into and ending on December 31, 2020. An agreement
implementing this and other DI-related provisions of the CARES Act was signed by the DWD
Secretary and USDOL on March 28, 2020.
Under current law, the claimant's waiting period is the first week of a claimant's benefit year
for which the claimantis othe1wise eligible for regular benefits. During a claimant's waiting period,
no benefits are payable to the claimant. The waiting period does not affect a claimant's maximum
benefit amount, which is 26 weeks of regular state benefits. However, claimants who do not reach
the state's 26-week limit effectively receive one less week of benefits due to the waiting week
requirement. A claimant must serve one waiting week per benefit year.

2.

NON-CHARGING EMPLOYER UNEMPLOYMENT INSURANCE ACCOUNTS
Require the Department of Workforce Development , when processing claims for

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 unemployment insurance (UI) benefits and evaluating work-share plans, to determine whether a
claim or plan is related to the public health emergency (PHE) declared by the governor under
Executive Order #72.
Provide that if a claim or plan is related to a PHE, regular benefits for that claim for weeks
occurring after March 12, 2020, and before December 31, 2020, not be charged to an employer's
UI account as nonnally provided. Instead, under the provision, UI benefits for those weeks would
be charged to either: (a) the balancing account of the UI Trust Fund for contribution employers; or
(b) DWD's existing interest and penalties account for reimbursable employers that are not subject
to contribution requirements .
Under the provision, PHE non-charging provisions would not apply: (a) if the employer fails
to timely and adequately provide any information required by the department; (b) to any benefits
paid or reimbursed by the federal government, including the>portion of arty benefits reimbursed by
the federal government for reimbursable employers; (c) to a claim for regular benefits that is a
combined wage claim; (d) to work-share benefits reimbursed bythc federal government; or (e) to
certain benefits chargeable based on employmentwiththe federal government.
Under current law, some UI benefit payments are not charged to a specific employer's
account but are instead charged to the balancing account. The state's UI balancing account is
supported by the solvency tax paid by employers and any interest earned on the state's UI trust
fund balance. There are seven basic categories ofbenefit payments charged to the balancing
account: 10% write-offs , quits, misconduct; substantiaLfault, continued employment, approved
training, and second benefit year. In the past, there have been, other benefit programs that have
been charged to the balancing account, including in 2002 when state temporary supplemental
benefits were charged to the account.
3.

WORK SHARE PLAN"REQUIREl\1JrNTS

Temporarily suspend, from the effective date of the provision through December 31, 2020,
certain requirements of voluntary work-share plans submitted by employers, including: (a) the
requirement that a work-share plan be limited to a particular work unit of the employer; (b) the
requirement th~t the reduction in working hours under a work-share program must be at least 10%
but not more than 50% of the nonnal hours per week of the employees included under the plan;
(c) the requirementst11.at at least 10% of the employees in a work unit be included in a work-share
plan, and that the employerprovide for initial coverage under the plan of at least 20 positions that
are filled on the effective date of the work-share program; and (d) the requirement that reduced
working hours be apportioned equitably among employees in the work-share program.
Specify that, during the suspension period: (a) work-share plans cover any employees of the
employer; (b) the permissible reduction in working hours under a work-share program be not more
than 60% of the normal hours per week of the employees included under a work-share plan; and
(c) work-share plans cover at least two positions that are filled on the effective date of the workshare program.
Require the Department to allow employers to submit applications under this section using

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 an online form, and require DWD to assist employers with submitting applications and developing
work-share plans.
Allow the DWD Secretary to waive compliance with any temporary change required under
this provision if the Secretary determines that the waiver of the requirement is necessary to permit
continued federal certification of the state's UI program, or is necessary for the state to qualify for
full federal financial participation in the cost of administration of the state's work-share program
and in the financing ofUI benefits to employees participating in the work-share program.
Work-share programs, which are also called "short-term compensation programs" under
federal law, are designed to provide a prorated unemployment benefit for employees of employers
who voluntarily make an agreement with the state to reduce work hours instead of laying off
workers. For states that currently have a federally approved work-share program, like Wisconsin,
the CARES Act would provide l 00% federally funded UI benefits through December 31, 2020.
Under current law, Wisconsin's work-share program is funded entirely through the employer's UI
account.

4.

EMPLOYEE RECORDS DURING A PUBLIC HEALTH EMERGENCY

Provide that during the period covered by a state of emergency related to a public health
emergency declared by the Governor, an employer is not required Jo provide an employee's
personnel records within seven working days .after .an e01ployee makes a request to inspect his or
her personnel records, and an employer is not required to provide the inspection at a location
reasonably near the employee's place of employment during normal working hours.
The statutes provide an employee or former employee has a right, with some exceptions, to
inspect an employer 1s perso1111eldocuments that are used or have been used to determine the
employee's qualifications for employment, ....Promotion, transfer, additional compensation ,
termination or other disciplinary action, as well as view the employer's medical records of the
employee, An employee may make such a request up to two times each calendar year. The
provision would suspend, only during a public health emergency , the application of the two
requirements described that employers must otherwise follow in accommodating an inspection
request.

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 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl, Dan
Monday, April 06, 2020 6:48 PM
Kelly, Scott; Duerkop, Nathan; Emerson, James; Gibbs, Adam; Fiocchi, Tim; Koenen, Kyle
FW: LFB memo - bill for Friday session
06 Summary of Provisions Draft.pdf

See attached PDF - please get back to Tad or I tomorrow with any feedback - shooting for a virtual floor session on
Friday if this can come together by then.
Thanks,
Dan

AMf HICAN

PVERSIGHT

52

WI-SEN-20-0888-A-000130

 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl, Dan
Monday , April 06, 2020 6:42 PM
Esser, Jennifer; Zantow , Jenna; Prange, Katy; Lakin, Tim; Soper, John; Henkel, Matt
FW: LFB memo - bill for Friday session
06 Summary of Provisions Draft.pdf

See attached PDF - please get back to Tad or I tomorrow with any feedback - shooting for a virtual floor session on
Friday if this can come together by then.
Thanks,
Dan

Af\/f R CAf\

PVERSIGHT

53

WI-SEN-20-0888-A-000131

 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl, Dan
Monday, April 06, 2020 6:40 PM
Rettinger, Nik; Mugnaini, Jason; Lonergan, Sandy; Ponio, Jerry; Summerfield, Craig;
Mikalsen, Mike
LFB memo - bill for Friday session
06 Summary of Provisions Draft.pdf

See attached PDF - please get back to Tad or I tomorrow with any feedback - shooting for a virtual floor session on
Friday if this can come together by then.
Thanks,
Dan

AMr-f~ICAN

PVERSIGHT

54

WI-SEN-20-0888-A-000132

 Romportl, Dan

Subject:

Romportl, Dan
Monday , April 06, 2020 11:47 AM
Ottman, Tad
FW: Sunset Clause Drafting

Importance:

High

From:

Sent:
To:

From: Soper, John <John.Soper@legis.wisconsin.gov>
Sent: Monday, April 06, 2020 11:38 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: FW: Sunset Clause Drafting
Importance: High
I sent in the drafting request below. Mary Alice drafted our Retirement Age/Double Dippijng Bill this session and should
be the right person at LRB. I will pass along when I get it.
John Soper
Chief of Staff
th
Office of Sen. Duey Stroebel - 20 District
(608)266- 7513
John .soper@legis.wisconsin .gov
From: Soper, John
Sent: Monday, April 06, 2020 11:21 AM
To: McGreevy, Mary Alice <MaryAlice.McGreevy@legis.wisconsin.gov>
Subject: Sunset Clause Drafting
Importance: High
Mary Alice,
Senator Fitzgerald is drafting or has drafted a COVID-19 bill. I believe one provision they copied from LRB5920/P2. On
March 24th, LFB analyzed the ETF provision regarding rehired annuitants in a publicly available memo, page 11.
Senator Stroebel wants to work on amendment language to sunset the double-dipping. Specifically, 90 days after end
st
of the declared emergency (or the next 1 of the month after 90 days or whatever convenient administrative point if a
straight 90 days would cause problems) the exception allowing not-suspending the annuity ceases. As we read the
analysis if you were hired during the emergency for a "critical position" you are exempted from double-dipping laws
forever. Senator Stroebel does not support this.
I am in the office today. I also can be reached generally on my cell phone throughout the current situation at (262)339-

6792
John Soper
Chief of Staff
th
Office of Sen. Duey Stroebel - 20 District
(608)266-7513

r

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WI-SEN-20-0888-A-000133

 John.soper@legismisconsimgov

56
WI-SEN-20-0888-A-000134

 

Romportl, Dan
Romportl, Dan
Monday, April 06, 2020 11:27 AM
Augustyn, Jessie
RE:Guard press release from April 1

From:

Sent:
To:

Subject:

OK got it
From: Augustyn, Jessie <Jessie.Augustyn@legis.wisconsin.gov>
Sent: Monday, April 06, 2020 11:25 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: Re: Guard press release from April 1

We're looking for a specific number of soldiers. This one was not yet determined and the email from Kit said 5,000, but
an email from a Politico recount ing a conversation she wants party to isn't a good source. Just to give context of what
we're looking for

On Apr 6, 2020, at 11:22 AM, Romportl, Dan <Dan.Romportl@legis.wisconsin.gov> wrote:

https:ll dma. wi .gov/DMA/news/2020news/20041

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senat e Majority Leader
13th Senate District
(608) 266-5660

AfVLH CAf\

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WI-SEN-20-0888-A-000135

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Monday, April 06, 2020 11:23 AM
Augustyn, Jessie
Guard press release from April 1

https://dma.wi.gov/DMA/news/2020news/20041

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
13 th Senate District
(608) 266-5660

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WI-SEN-20-0888-A-000136

 Romportl, Dan
Romportl, Dan
Monday, April 06, 2020 10:32 AM
'BENJAMIN MICHAELVAN PELT'
RE:Letter from Chancellor Blank on Impact of COVID-19

From:

Sent:
To:

Subject:

Ben,
Thanks for reaching out. Assuming tomorrow and Wednesday are still an option, let me check with Scott and I'll get back
to you ASAP.
-Dan
I •

From: BENJAMIN MICHAEL VAN PELT<bmvanpelt@wisc.edu>
Sent: Thursday, April 02, 2020 8:13 AM
To: Romportl, Dan <Dan.Romportl@legis .wisconsin.gov>
Cc: Crystal Potts <crystal.potts@wisc.edu>
Subject: FW: Letter from Chancellor Blank on Impact of COVID-19

Good Morning Dan,
In following up on this letter that Crystal shared with the Senator and you yesterday, we wanted to see if the Senator
had 20-30 minutes for a quick phone call with Chancellor Blank to discuss our COVID-19 response and the implications of
the entire issue a bit more?
The Chancellor has some time later this afternoon (4/2), a little bit of time tomorrow (4/3), Monday afternoon (4/6),
Tuesday afternoon (4/7), and all of Wednesday afternoon (4/8) for this potential discussion.
Please let us know if something might work for him.
Thanks so much and I hope you are well,

Ben Van Pelt
Assistant Director of State Relations
University of Wisconsin-Madison
Cell: (815) 474-3973 I Office: (608) 265-3477
Bmvanpelt @wisc.edu I @StateRelations
The impact of UW-Madison

WISCONSIN
~~~WBCQNIIM

P ◄ DIIOfrol

From: Crystal Potts <crystal.potts@wisc.edu>
Date: Wednesday, April 1, 2020 at 12:55 PM
To: 11sen.fitzgerald@legis.wisconsin.gov" <sen.fitzgerald@legis.wisconsin.gov>
Cc:BENJAMIN MICHAEL VAN PELT<bmvanpelt@wisc.edu>, "Romportl, Dan"
<Dan.Romportl@legis.wisconsin.gov>
Subject: Letter from Chancellor Blank on Impact of COVI0-19

AIVt HCA

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59

WI-SEN-20-0888-A-000137

 Good afternoon,
Please see attached for a letter from UW-Madison Chancellor Rebecca Blank regarding the impact of COVID-19 on
campus.
As always, please let me know if you have any questions.
Thanks,
Crystal

Crystal L. Potts
Director of State Relations
University of Wisconsin-Madison
Office: (608) 265-4105 I Cell: (608) 658-6761
Crystal.Potts @wisc.edu I @StateRelations

The impact ofUW-Madison

WISCONSIN
~C'#WWC011••

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 Romportl, Dan
From:

Sent:
To:
Subject:

Romportl, Dan
Monday, April 06, 2020 10:28 AM
'Mark Graul'
RE:Liability Protections for Health Care Providers

Hi Mark,
We have included this in our working draft- I sense it has broad support so our objective would be to pass this as part of
the bill we aim to take up later this week.
Thanks,
Dan

From: Mark Graul <mgraul@arenastrategy.com>
Sent: Friday, April 03, 2020 4:55 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: Liability Protections for Health Care Providers
Dan - I hope you are healthy and surviving the chaos. I'm sure your days must just be insane. While I hate to add to
you list, I want to flag for you the attached language Children's (along with WHA, Medical Society and other providers) is
hoping the legislature will include in the COVIDpackage that would provide liability protections for providers during a
public health crisis. This is an increasingly important issue, as we are hearing more and more from physicians and other
providers being hesitant to help during the crisis because of liability concerns. This language is similar to how
emergency responders are treated in a public health crisis.
I'm hoping either WHA or WMS has already got this on your guys list, but wanted to reinforce Children's strong support
for it. With the surge of patients that expected in the next 2 week, having as many providers as possible engage will be
critical.
I'm told that other states have enacted similar measure and the draft is based on language from Oklahoma. I also
believe that NY and IL governors enacted it via Executive Order, but I don't know if that is possible in WI and Children's
would prefer the Legislature to act.
I know there are many more pressing things on the list for health care in the COVID-19 package, but wanted to flag this
for you. Let me know if you have any questions.

Mark
Mark Graul I Arena Strategy Group
T(Green Bay Office): 920-884-92961 E: mgraul@arenastrategy.com
T(Madison Office): 608-204-5810
C: 920-217-3524

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WI-SEN-20-0888-A-000139

 Romportl, Dan
From:

Sent:
To:

Cc:
Subject:

Romportl, Dan
Monday, April 06, 2020 10:23 AM
'Elizabeth Bronson'
Bob Tracy Jr. (rtracy75@yahoo.com)
RE: Wisconsin DNR Offers Environmental Compliance Roadmap

Hi Liz,
Just wanted to check in on this. When I spoke to the DNR, they had committed to holding a call with ULW and other
companies facing the same issues - has that happened yet?
Feel free to call if that's easier.
Thanks,
Dan I I Sen Fitzgerald office
cell 608-386-4867
From: Elizabeth Bronson <gc@ulwr-inc.com>

Sent: Friday, April 03, 2020 2:54 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin .gov>
Cc: Bob Tracy Jr. (rtracy75@yahoo.com) <rtracy75@yahoo.com>
Subject: FW: Wisconsin DNR Offers Environmental Compliance Roadmap

Hi Dan,
Bob informed me of your call with the DNR earlier in the week and asked me to reach out to you. Below is the website
the DNR promised. The way ULWR interprets this is that it must adhere to all terms of its permit. This is problematic
because the limits on chloride severely limit the gallons of waste that can be land applied, which means the storage
facilities will reach capacity due to the heavy influx of incoming waste from clients. This ultimately would lead to ULWR
turning clients away which would mean that the clients (food processing companies) would not be able to continue with
their operation .
Earlier in the week, I (along with outs ide counsel) spoke with chief counsel and Jim Zelmer at the DNR regarding ULWR's
need for a variance for chloride to continue its operations. We told them how COVID-19 has caused a heavy influx of
incoming waste that was impacting our storage space. I suggested that ULWR use the nitrogen limit in the waste to
determine the gallons applied, as it had done for the past 10 years unt il the chloride litigation was dismissed. ULWR
would track the chloride but would not be place into enforcement for violations of the chloride limit. They listened to
my suggestions for handling the issues that ULWR is facing but have not supplied an official response.
The DNR's suggestion for handling this problem is to obtain more field sites. There are not enough field sites in the state
to address the issues that COVID-19 has placed on everyone in the state. Moreover, when we provide field sites for
approval it takes several weeks and sometimes months for a response.
You mentioned to Bob that the DNR wants to work with us to figure out a solution to the current situation caused by
COVID-19. Based on this website release today, I am not able to decipher what the DNR is willing to do at this
time. Please review the email below. Let me know what you think. Feel free to call my cell phone 414.745 .9179 as I am
working at home today.

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WI-SEN-20-0888-A-000140

 Thank you in advance for any assistance you are able to provide ULWR.

Elizabeth K. Bronson I General Counsel
United Liquid Waste Recycling, Inc.
715 Morgan Street, Clyman, Wl 53016
Office: 920.696.3248 ext. 113
Email: gc@ulwr-inc.com
(""''"' """"'""""'" "'

T

-U
t:h

.

'
)

t.lQUIJ) WAS "E R . . · YCLIN · , INC.
WWW .ULWR-INC.COM
PRIVILEGE AND CONFIDENTIALITY NOTICE This electronic mail is intended for the named recipient only. This
electronic mail may contain privileged and confidential information and, therefore, should not be disclosed to third parties
without our express permission. If you have received this electronic mail in error, please notify me immediately and purge
the electronic mail from your system.

From:Wisconsin Department of Natural Resources <widnr@service.govdelivery.com>
Sent: Friday, April 3, 2020 1:54 PM
To: Elizabeth Bronson <gc@ulwr-inc.com>
Subject: Wisconsin DNR Offers Environmental Compliance Roadmap

NEWS RELEASE
(View in browser)

Wisconsin DNR Offers Environmental Compliance Roadmap
All state laws and regulations remain in effect
CONTACT:Darsi Foss, Environmental Management Administrator , darsi.foss@wisconsin.gov or (608) 267-6713;
Environmental Management Deputy Administrator, james.zellmer @wisconsin.gov or (608) 267-7651

63

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WI-SEN-20-0888-A-000141

 1
MADISON, Wis. - Under Gov. Evers Safer at Home order the Wisconsin Department of Natural Resources will p
imminent threats or complaints related to public health , safety and the environment over routine, on-site audits an

The regulated community can go here for a one-stop location to request case-by-case assistance due to likely com
with COVID-19. All state laws and regulations remain in effect , unless otherwise suspended by the governor .
The DNR is committed to doing what we can to help those impacted by COVID-19 while continuing to protect e1
public health and safety. The DNR is sensitive to the challenges posed to its regulated community, such as waste,
and landfill license holders.

This ch art out lines the enviro nmenta l compliance process during the COVID-19 public hea lth eme
- Photo credi t: DNR

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WI-SEN-20-0888-A-000142

 All entities should make every effort to comply with their environmental compliance obligations. Where full com
possible due to COVID-19, the DNR created an environmental compliance roadmap for regulated entities.
The DNR advises businesses or local governments having a spill or a compliance problem that poses an imminen
or the environment to report it immediately by calling toll free 1-800-943-0003 and selecting "1." This number is
For non-emergency situations, the DNR is providing this online process as a means for the regulated entities to re
assistance from the DNR. This process should be initiated by directly emailing the main DNR contact for the faci
web fom1 to request case-by-case compliance assistance.
The DNR will monitor these systems daily during regular business hours. Where safe compliance alternatives are
the DNR, regulated entities will be required to maintain records adequate to document implementation of authori:
options.
The Wisconsin Department of Natural Resources continues to receive the most up-to-date information and will ac
conditions change. Distance is key during this public health emergency. Under the Safer at Home order, we must
prevent the spread of COVID-19. Staying home as much as possible and limiting travel to your community is the
19 infection rates.
This is a rapidly evolving situation . For the latest updates, visit the DNR website or follow @WIDNR on Facebook
@WDNR on Twitter.
For specific information regarding the COVID-19 we encourage the public to frequently monitor the DHS website
@DHSWI on Facebook and Twitter, or dlis.wi on Instagram. Additional inf01mation can be found on the CDC webs

DNR Office of Communications
Sarah Hoye
Director of Communications
Department of Natural Resources
101 S Webster, P.O. Box 7921
Madison, WI 53707
Media Line: (608) 266-3143 TDD: 711
Email: DNRPress@Wisconsin.gov
dnr .wi.gov I wisconsin .gov
Email Header Photo &copy Jack Bartholma i. An endange red black tern feeds its young. Learn more about this species found in shallow mars
You may unsubscrfbe from DNR News Releases here.

Subscribe now for only $8.97.

AM[ HICAN

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65

WI-SEN-20-0888-A-000143

 There's no place like home. Help me keep mine in Wisconsin .
Donate to Endangered Resources on your state tax form.

Featured DNRSubscriptions
Outdoor Report: Current fishing activities , wildlife observation s, and state park events updated every
Thursday.

Manage Your DNR Subscriptions :
Add new subscriptions, delete subscriptions , and manage your profile. If you have questions or problems
with the subscription service, please contact subscriberhelp.govdelivery.com.
Other inquiries can be directed to the DNR.

Tl1is email was sent to gc@ulwr-inc.com using GovDel ivery Communica tions Cloud 0 11behalf of : Wisco nsin Depa1trne nt of Natural
Reso urces· 101 S. Webs ter Stree t · Madison, WI 53707-792 1 · 608-266-262 1

a

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WI-SEN-20-0888-A-000144

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Sunday, April 05, 2020 7:02 PM
Soper, John
RE:LFBmemo language - rehired annuitants in critical positions

Thanks. I will flag it with my boss and Lang. And yes that sounds good, let's connect tomorrow.
-Dan

·----------------------

From: Soper, John
Sent: Sunday, April OS, 2020 6:51 PM
To: Romportl, Dan
Subject: RE: LFB memo language - rehired annuitants in critical positions

'.

i

Dan,
The way this reads to me, so long as you are hired during the emergency, you double dip forever. The exception
to allow the choice to not suspend (i.e. still get) is allowed on two conditions. The two conditions to meet this
exception don't expire even if no longer relevant. (6 years from now you were still hired during the emergency
for a critical position).
With no sunset provision for post emergency it reads to me like a complete bypass of double dipping rules for
anyone who happened to be hired in the window.
I'll work on language and reach out tomorrow.
John
Sent from my Verizon, Samsung Galaxy sma1iphone

-------- Original message -------From: "Romportl , Dan" <Dan.Romportl @legis.wisconsin.gov >
Date: 4/5/20 3:48 PM (GMT-06:00)
To: "Soper, John" <John.Soper @legis.wisconsin.gov >
Subject: LFB memo language - rehired annuitants in critical positions
Take a look and let me or Tad know what you think - this is from an initial draft of a LFB memo (not a LRB bill draft):
"Specify that a Wisconsin Retirement System (WRS) participant who is hired by a participating employer during a public
health emergency declared by the Governor may elect to not suspend his or her annuity for the duration of the public
health emergency if: (a) at the time of terminating employment, the participant does not have an agreement with any
participating employer to return to employment or enter into a contract to provide employee services; and (b) the
position for which the annuitant is hired is a critical position. Further, specify that the current break-in-service
requirement of 75 days would not apply to a participant who is hired for a critical position during the public health
emergency if at least 15 days have elapsed between the termination of employment and becoming a participating
employee. Require the head of each state agency and each local health department, based on guidance provided by the
Secretary of the Department of Health Services, to determine which positions within the respective state agency or local
government are critical when the Governor declares a public health emergency, for the purposes of administering the
provisions applicable to rehired annuitants.
67

WI-SEN-20-0888-A-000145

 Under current law, any WRS participant who retires on or after July 2, 2013, must suspend their annuity and become a
participating WRS employee if they are employed in covered employment, or enter into a contract with a WRS employer,
and are expected to work ,at least twothirds of what is considered full-time employment by the Department of Employee
Trust Funds. Also under current law, any WRS participant who retires on or after July 2, 2013, has a break-inservice
requirement of 75 days between termination of employment and becoming a participating employee with a WRS
employer. This separation from WRS employment must occur for an individual who applied for an annuity or lump sum
payment to continue to qualify for an annuity or to retain the lump sum payment."

###

AM[ HICAN

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68

WI-SEN-20-0888-A-000146

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Sunday, April 05, 2020 3:48 PM
Soper, John
LFB memo language - rehired annuitants in critical positions

Take a look and let me or Tad know what you think - this is from an initial draft of a LFB memo (not a LRB bill draft):
"Specify that a Wisconsin Retirement System (WRS) participant who is hired by a participating employer during a public
health emergency declared by the Governor may elect to not suspend his or her annuity for the duration of the public
health emergency if: (a) at the time of terminating employment, the participant does not have an agreement with any
participating employer to return to employment or enter into a contract to provide employee services; and (b) the
position for which the annuitant is hired is a critical position. Further, specify that the current break-in-service
requirement of 75 days would not apply to a participant who is hired for a critical position during the public health
emergency if at least 15 days have elapsed between the termination of employment and becoming a participating
employee. Require the head of each state agency and each local health department, based on guidance provided by the
Secretary of the Department of Health Services, to determine which positions within the respective state agency or local
government are critical when the Governor declares a public health emergency, for the purposes of administering the
provisions applicable to rehired annuitants.
Under current law, any WRS participant who retires on or after July 2, 2013, must suspend their annuity and become a
participating WRS employee if they are employed in covered employment, or enter into a contract with a WRS employer,
and are expected to work at least twothirds of what is considered full-time employment by the Department of Employee
Trust Funds. Also under current law, any WRS participant who retires on or after July 2, 2013, has a break-inservice
requirement of 75 days between termination of employment and becoming a participating employee with a WRS
employer. This separation from WRS employment must occur for an individual who applied for an annuity or lump sum
payment to continue to qualify for an annuity or to retain the lump sum payment."
###

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69

WI-SEN-20-0888-A-000147

 Romportl, Dan
Romportl, Dan
Sunday, April 05, 2020 2:37 PM
*Legislative Senate Republicans
FW: National Guard Deployment Information

From:

Sent:
To:
Subject:

GOPSenators & Staff,
Pleasesee the email below which SpeakerVos shared with his caucusearlier today.
Thank you,
Dan Romportl
Office of Senator Scott Fitzgerald

---------- Forwarded message---------From : "Rep.Vos" <Rep.Vos@legis.wisconsin.gov >
Date: Apr 5, 2020 12:22 PM
Subject: National Guard Deployment Information
To: *Legislative Assembly Republicans - Legislators <Legislative-Assembly-RepublicansLegislators @legis.wisconsin.gov >,*Legislative Assembly Republicans - Representatives <LegislativeAssembly-Representatives-Republicans @legis.wisconsin.gov >
Cc:
Hello,
Speaker Vos has asked me to forward an update on the National Guard plan for Tuesday's election from the Wisconsin
Elections Commission.
Meagan Wolfe, Administrator of the Elections Commission, told commissioners they had a call with county clerks on
Saturday to discuss plans for utilizing Wisconsin National Guard (WING} service members as poll workers . Brig. General
Robyn Blader, Assistant Adjutant General, was on the call to coordinate with the counties. Two WEC staff liaisons are
coordinating the project.
Here are the highlights:
•
•
•
•

Deployment of upwards of 5,000 service members to serve as poll workers
WING has service members in all 72 counties
WING service members will serve as poll workers within the county where they live. They will serve in plain
clothes and in regular poll worker roles
County clerks will deploy service members in the areas needed within their county

Here's the timeline:
•

Sunday morning: service members report to their regional armories for intake and health screening to go on

active duty. They will be on active orders from Sunday through Tuesday/Wednesday to serve in this capacity.
•

Sunday afternoon: service members complete the recorded training that WEC has created for Chief Inspectors,

Election Inspectors, voter registration and new roles like helping with line management and hand hygiene.

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WI-SEN-20-0888-A-000148

 •

Monday: service members report to either the municipality where they are needed or to the county clerk where
they were assigned. WING members who have a municipality assigned will spend the day training with the
municipal clerk and assisting with polling place set up. WI NG members who have not been assigned may train
with the county or WEC so that they are ready to be deployed on Election Day if an emergency need arises.

•

Tuesday:WING members will be deployed to municipalities where they are needed through the county
service members.
clerk. WEC will have WING liaisons helping to coordinate the ~s,ooo

•

Wednesday:WING will continue to make service members available for jurisdictions who need assistance with
processing ballots or polling place tear down.

As always, let us know if you have any questions.
Stay safe,
Kit

Kit Beyer
Communications Director
Office of Speaker Robin J. Vos
Wisconsin State Assembly
211 West, State Capitol
P .O. Box 8953
Madison, WI 53708
Kit.Beyer@legis. wi. gov
608-266-9171
608-261-5683 (direct line)
1-888-534-0063

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WI-SEN-20-0888-A-000149

 Romportl, Dan
From:

Sent:
To:

Cc:
Subject:
Attachments:

Romportl, Dan
Sunday, April 05, 2020 2:15 PM
Lang, Bob
Smith, Heather
new addition - doctor liability
Ch 323 amendment - Providers of health care services.pdf

Bob,
Attached is suggestedlanguagefor the doctor liability provisionwe discussedon the call.
Thanks,
Dan// Fitzgeraldoffice
cell 608-386-4867

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72

WI-SEN-20-0888-A-000150

 Create new s. 323.46:
323.46 Providers of health services. (1) Except as provided in sub. (3), no person who is a provider of
health care services or the provider's employees, agents, or contractors are liable for the death of or injury
to any individual or damage to any property caused by actions or omissions of the person if the person did
so under all of the following conditions:
(a) The health services are provided during a federally declared emergency under the Stafford Act or
National Emergencies Act, a public health emergency under Section 319 of the Public Health
Service Act, or a state of emergency or a public health emergency declared by the governor.
(b) Such acts or omissions are substantially consistent with any direction , guidance, recommendation or
other statement made by any of the following:
1. A federal , state, or local official to address the emergency or in response to the emergency.
2. Other published guidance upon which the person relied upon in good faith.
(2) This section does not apply if the person's act or omission involved reckless, wanton, or intentional
misconduct.

(3)
(a) This section does not apply to a person's provision of services ifs. 25_7.03 or 323.41. applies .
(b) This section does not apply to a person 1s provision of facilities ifs. 257 .04 or J23-4_4applies.

AMERICAN

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WI-SEN-20-0888-A-000151

 Romportl, Dan
From:
Sent:
Subject:

Romportl, Dan
Sunday, April 05, 2020 10:55 AM
Toftness, Jenny; Smith, Heather; Ottman, Tad
FW: WI Banker Policy Priorities

Importance:

High

To:

Just making sure you guys saw this...
From: Ponio, Jerry

Sent: Friday,April 03, 2020 1:07 PM
To: Romportl, Dan; Ottman, Tad; Lied!, Kimber
Subject: FW: WI Banker Policy Priorities

FYI
Jerry Ponio
Chief of Staff
Office of Senator Alberta Darling
608.266.5830

From: Mike Semmann [msemmann@wisbank.com]

Sent: Friday,April 03, 2020 12:19 PM
To: Delaporte, Bob; O'Neill, Eileen; Borgerding,Chris; Hurlburt, Waylon; Krueger, Nick
Cc: JeremeyShepherd; Sarah Wainscott; Scott Birrenkott
Subject: WI Banker Policy Priorities
I hope all is well. Here are the WBA policy priorities in two groups below. I provided a much longer policy list to
leadership earlier, so we simplified it-for now.
There are real issues with the Federal CARESAct loan programs that put some increased liability on banks and we'd like
to have some state relief but don't know how quite yet.
EXAMPLE: If a business fills out their information incorrectly and the bank submits it, the bank and the business could
both be held liable - even if it's a small, technical issue. We may not know this for months - so we may need relief this
summer or later this year.
My cell is (608) 516-8567 if you need anything. Thank you for considering!

I.
II.

COVID extraordinary session items
Regular 2019-2020 session holdover

Licensingrelief:

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73

WI-SEN-20-0888-A-000152

 Temporarily (through July 1, 2021) remove all continuing education requirements and automatically renew licenses for
all those that apply on the state level for Employees of Depository Institution Employees and Employees of Depository
Institution Affiliates in the following capacities.
Insurance,
•
Investments,
•
Mortgage Loan Originator license,
•
Mortgage Banker License,
•
Mortgage Broker License,
•
Registered Entity, and
•
• WI Installment Sales Finance License

Exam Fee Relief:
Temporarily reduce exam fees for all state Depository Institutions by 50% (from Jan. 1, 2020 through Dec. 31, 2021)

i'!IJL
lllliil\lil1i.~~!~!!~l1\lltl~!lj
go
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AB-480

SB-427

Increased penalties for crimes against elder persons, restraining orders for
elder persons, freezing assets of a defendant charged with financial
exploitation of an elder person; sexual assault of an elder person; physical
abuse of an elder person; and providing a penalty.

SB-428

Financial exploitation of vulnerable adults with securities accounts, violations
of the Wisconsin Uniform Securities Law, granting rule-making author ity, and
providing a penalty.

·
····
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AB-482

Michael Semmann
Executive Vice President/Chief Operations Officer

I Wisconsin Bankers Association I 608.441.1206 I (c) 608.516.8567 I www.wisbank.com

available?Through the Wisconsin Bankers Foundation, high school seniors and bankers furthering their
Didyou know WBA hasscholarships
to May 11Visit www.wisbank .com/scholarships
education are encouraged to apply! Deadline EXTENDED

AM~ HICAt\J

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74

WI-SEN-20-0888-A-000153

 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl, Dan
Saturday, April 04, 2020 7:17 PM
Toftness, Jenny; Smith, Heather
FW:LFBdocument
03 LRB6089 DRAFT.pdf

Corresponding LFBmemo ...

From: Ottman, Tad
Sent: Saturday, April 04, 2020 1:10 PM
To: Romportl, Dan
Subject: FW: LFBdocument

Sent from my Sprint Samsun g Gala xy S7.

-------- Original message -------From: "Lang, Bob" <Bob.Lang @legis.wisconsin.gov >
Date: 4/3/20 6:21 PM (GMT-06:00)
To: "Rep.Vos" <Rep.Vos @legis.wisconsin.gov >, "Sen.Fitzgerald" <Sen.Fitzgerald @legis.wisconsin.gov >
Cc: '1Toftness, Jenny" <Jenny.Toftness @legis.wisconsin.gov >, "Smith, Heather"
<Heather.Smith @legis.wisconsin.gov >, "Ottman , Tad" <Tad.Ottman @legis.wisconsin.gov >
Subject: LFB document
Attached is a draft copy of our document on potential legislation . LRB 6089 is the number that will be given to the bill once
compiled. Bob

AM~ HICAt\J

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75

WI-SEN-20-0888-A-000154

 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl, Dan
Saturday, April 04, 2020 7:16 PM
Toftness, Jenny; Smith, Heather
FW: Draft review: LRB-6102/P1
19-6102/P1 .pdf

FYI - if we want to talk about this tomorrow (Sunday), Fitz would prefer early afternoon. If we want to wait until Monday,
he is free all day. Not sure how much new stuff you guys had coming out of caucus, but Tad seemed to think we were
pretty close...

From: Ottman, Tad

Sent: Saturday, April 04, 2020 1:10 PM
To: Romportl, Dan
Subject: FW: Draft review: LRB -6102/Pl

Sent from my Sprint Samsung Galaxy S7.

-------- Original message -------From: "LRB.Legal" <lrblegal@legis.wisconsin.gov >
Date: 4/3/20 5:16 PM (GMT-06:00)
To: "Ottman, Tad" <Tad.Ottman @legis.wisconsin.gov>
Subject: Draft review: LRB -6102/Pl
Draft Requester: Legislative Fiscal Bureau
Following is the PDF version of draft LRB -6102/Pl.

AM~ HICAt\J

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WI-SEN-20-0888-A-000155

 Romportl, Dan
From:

Sent:
To:
Subject:

Romportl, Dan
Saturday, April 04, 2020 4:14 PM
Renk, Jeff
RE:Journal

Lookscorrect to me, thanks Jeff

From: Renk, Jeff
Sent: Saturday, April 04, 2020 4: 12 PM
To: Romportl, Dan
Subject: FW: Journal

Here's journal. Look good?
From:Gillitzer, Erin <Erin.Gillitzer@legis.wisconsin.gov>
Sent: Saturday, April 04, 2020 4:12 PM
To: Renk, Jeff <Jeff .Renk@legis.wisconsin.gov>
Subject: Journal

Erin Gillitzer
Recordsand Journal Clerk

WisconsinState Senate
(608) 266-1803

AM[ HICAN

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WI-SEN-20-0888-A-000156

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Saturday,April 04, 2020 3:54 PM
Ottman, Tad;Zimmerman,Alec
FW: SenateApril 2020 SpecialSession

From: Romportl, Dan
Sent: Saturday, April 04, 2020 3:52 PM
Subject: SenateApril 2020 SpecialSession

Capitol PressCorps,
The April 2020 SpecialSessionof the Senatewill be called into order at 4:00pm by PresidingOfficer Chief Clerk Jeff Renk,
pursuant to Senate Rule 5 (4)(b). The sessionwill be promptly adjourned until Monday, April 6th. This will take place in
the Senate Chamber.
Office of Senator Scott Fitzgerald
Senate Majority Leader

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WI-SEN-20-0888-A-000157

 Romportl, Dan
From:

Sent:
Subject:

Romportl, Dan
Saturday, April 04, 2020 3:52 PM
Senate April 2020 Special Session

Capitol Press Corps,
The April 2020 Special Session of the Senate will be called into order at 4:00pm by Presiding Officer Chief Clerk Jeff Renk,
pursuant to Senate Rule 5 (4)(b). The session will be promptly adjourned unt il Monday, April 6th. This will take place in
the Senate Chamber.
Office of Senator Scott Fitzgerald
Senate Majority Leader

AM~ HICAt\J

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WI-SEN-20-0888-A-000158

 Romportl, Dan
From:
Sent:
To:
Subject:
Attachments:

Romportl, Dan
Friday, April 03, 2020 11:24 AM
Ottman, Tad
FW:Proposed provision to place electric cooperatives under PSCemergency order
4-3-20 WECA Letter to Evers-Fitzgerald-Vos-Shilling-Hintz.pdf

From: Rob Richard <rob@weca.coop>
Sent: Friday, April 03, 2020 10:00 AM
Subject: Proposed provision to place electric cooperatives under PSCemergency order
Governor Evers and Legislative Leaders Please see the attached letter from Wisconsin's 24 electric cooperative managers/CEOs on the proposed provision to
place electric cooperatives under PSCemergency order.
If you have any questions, please do not hesitate to contact me.
Thank you!

Rob Richard I Director of Government Relations
Wisconsin Electric Cooperative Association
222 W Washington Avenue, Suite 680 I Madison, WI 53703
Q www.weca.coop I www .wecnmagazine.com
t'?'@rob@weca.coop

H

608~467-4649 (office)

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I 608-347-9388 (cell)

80

WI-SEN-20-0888-A-000159

 Wisconsin
Electric
Cooperative
Association

222WestWashington
Avenue
, Suite680
Madison,WI53703-2719
(608)467-4650
(608)467-4651
fax

www
.weca.coop

April 3, 2020
The Honorable Tony Evers, Governor
Room 115 East
State Capitol
Madison, WI 53702

The Honorable Scott Fitzgerald, Senate Majority Leader
Room 211 South
State Capitol
Madison, WI 53707

The Honorable Robin Vos, Assembly Speaker
Room 217 West
State Capitol
Madison, WI 53708

The Honorable Jennifer Shilling, Senate Minority Leader
Room 206 South
State Capitol
Madison, WI 53707

The Honorable Gordon Hintz, Assembly Minority Leader
Room 201 West
State Capitol
Madison, WI 53708
Dear Governor Evers, Majority Leader Fitzgerald, Speaker Vos, Minority Leader Shilling, and
M inority Leader Hintz:
On April 1, a second COVID-19 comprehensive legislative proposal was announced by Governor Evers to
address many existing and emerging health, financial, administrative, and regulatory issues that will
likely require the legislature's attention . We are in extraordinary times, and we are witnessing
extraordinary measures being carried out to protect human health, welfare, and well-being .
As early as the 1930's electric cooperatives were formed to provide much-needed electricity to rural
homes, farms, and businesses because no one else would. In the decades since we incorporated as
not-for-profit electric cooperatives, we have strived to provide safe, affordable, and reliable electricity to
our members' homes and businesses. We continue to do it today-even in times of great crisis-and we
will continue to do it long after this global pandemic has passed.
We are greatly concerned about the provision that would provide the Public Service Commission with
the authority to apply emergency orders to electric distribution cooperatives during a declared public
health emergency . We believe it is unnecessary and runs contrary to the independence that
cooperatives have operated under to provide our member-owners the quality service they expect and
demand of us.
To that end, we the undersigned, all 24 electric distribution cooperatives that operate in Wisconsin,
need not wait for temporary legislation to lend assistance to our member-owners during this public
health emergency. Out of great concern for our member-owners, we have unanimously moved ahead to
provide immediate relief to our member -owners who may be struggling financially during this public
health emergency by voluntarily implementing provisions identical to Public Service Commission
Emergency Order #11.

AMr:.n1vf""\1

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WI-SEN-20-0888-A-000160

 Page 2 of 3

Wisconsin Electric Cooperative Association

With our commitment to provide the electricity needs of our member-owners in these troubling times,
we respectfully, but strongly, request that you do not include the aforementioned provision in any
negotiated legislative package.
Sincerely,

Jay Porter, General Manager
Adams-Columbia Electric Cooperative

Steve Shurts, President/CEO
East Central Energy

~~~
Dallas Sloan, General Manager
Barron Electric Cooperative

,[J2CL¼_

Lynn Thompson, President & CEO
Eau Claire Energy Cooperative

§--,t,uv,efj.vLJ

Diane Berweger, CEO
Bayfield Electric Cooperative

Kevin Babcock, General Manager/CEO
Jackson Electric Cooperative

-n1~~ tJ~
;f,

Michael Wade, President/CEO
Central Wisconsin Electric Cooperative

Jim Anderson, General Manager/CEO
Jump River Electric Cooperative

~~~----,
Dean Ortmann, President & CEO
Chippewa Valley Electric Cooperative

~

Timothy Stewart, CEO/GM
Clark Electric Cooperative

Jesse Singerhouse, General Manager & CEO
Dunn Energy Cooperative

AMERICAN

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Chris Tackmann, General Manager
Oakdale Electric Cooperative

~
Byron C. Nolde, CEO
Oconto Electric Cooperative

Nate Boettcher, President & CEO
Pierce Pepin Cooperative Services

WI-SEN-20-0888-A-000161

 Page 3 of 3
Wisconsin Electric Cooperative Association

Steve Stroshane , General Manager
Polk-Burnett Electric Cooperative

Steve Lucas, CEO
Scenic Rivers Energy Cooperative

SILMr>l{J~
Bill Caynor, President/CEO
Price Electric Cooperative

:7'~1(!I..L
Shannon Clark, CEO/General Manager
Richland Electric Cooperative

Brian Zelenak , President/CEO
St. Croix Electric Cooperative

Kenneth Ceaglske, President & CEO
Taylor Electric Cooperative

~
·---

/~,/~;//~;~v/~:
.
Jerry Sorenson, General Manager
Riverland Energy Cooperative

SL£

Shane Larson, CEO
Rock Energy Cooperative

AMf HICAN

PVERSIGHT

Craig Buros, CEO & General Manager
Vernon Electric Cooperative

11~ /,J £»~(___
,
Robert Cornell, Manager
Washington Island Electric Cooperative

WI-SEN-20-0888-A-000162

 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl, Dan
Friday, April 03, 2020 11:23 AM
Ottman, Tad
FW: (UPDATED)Emergency Rules/ Temporary Statute Changes for Funeral Directors
Memo on COVID-19 - Funeral Response 4.2.20.pdf

From: George Ermert <george@sgrwi.com>
Sent: Thursday, April 02, 2020 3:35 PM
To: Toftness, Jenny <Jenny.Toftness@legis.wisconsin.gov>; Pritzkow, Emily <Emily,Pritzkow@legis.wisconsin.gov>;
Henkel, Matt <Matt.Henkel@legis.wisconsin.gov>; Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>; Palese, Tony
<Tony.Palese@legis.wisconsin.gov>
Cc: Smith, Heather <Heather.Smith@legis.wisconsin.gov>; Groshek, Dave <Dave.Groshek@legis.wisconsin.gov>; Bender,
Mark <Mark.Bender@legis.wisconsin.gov>; Augustyn, Jessie <Jessie.Augustyn@legis.wisconsin.gov>; Erin Longmire

<erinlongmireconsulting@gmail.com>
Subject: Re: (UPDATED) Emergency Rules/ Temporary Statute Changes for Funeral Directors

Jenny/ Emily/ Matt/ Dan/ Tony,
Given the discussion of some needed legislation to address issues related to COVID-19, here is an updated list
of requested temporary relief for the funeral service industry to help with the expected increase in the death
rate.
With the expected rapid increase in deaths due to COVID-19, the funeral service industry believes these
temporary changes will help ensure there will not be additional problems related to the mortuary response.
Please let me know if you have any questions.
Thank you,

From: George Ermert

Sent: Saturday, March 21, 2020 2:15 PM
To: Jenny.Toftness@legis.wisconsin.gov <Jenny.Toftness@legis.wisconsin.gov>; Emily.Pritzkow@legis.wisconsin.gov
<Emily.Pritzkow@legis.wisconsin.gov>; Matt.Henkel@legis.wisconsin.gov <Matt.Henkel@legis.wisconsin.gov>;
Dan.Romportl@legis.wisconsin.gov <Dan.Romportl@legis.wisconsin .gov>; Tony.Palese@legis.wisconsin.gov
<Tony.Palese@legis .wisconsin .gov>
Cc: Heather.Smith@legis.wisconsin.gov <Heather.Smith@legis.wisconsin.gov>; Dave.Groshek@legis.wisconsin.gov
<Dave.Groshek@legis.wisconsin.gov>; Bender, Mark <Mark.Bender@legis.wisconsin.gov>;
Jessie.Augustyn@legis.wisconsin.gov <Jessie.Augustyn@legis.wisconsin.gov>; Erin Longmire

<erinlongm ireconsulting@gmail.com>
Subject: Emergency Rules/ Temporary Statute Changes for Funeral Directors

Jenny/ Emily/ Matt/

AM~ HICA\J

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Dan/ Tony,
81

WI-SEN-20-0888-A-000163

 Attached is a memo from the Funeral Service & Cremation Alliance detailing some of the issues they currently
facing or are expecting to face in light of the COVID-19 outbreak. This includes some recommended
emergency rule/ statute changes that funeral directors believe will be needed if the death rate begins to
rapidly increase.
This information has also been shared with Gov. Evers' staff and the Funeral Directors Examining Board.
We woud be happy to discuss this in more detail via phone.
Please let me know.
Thanks,

George Ermert
Office: 608-259 -1212 x6
Mobile: 414-405-0838
Schreiber GR Group

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82

WI-SEN-20-0888-A-000164

 Proposed EmergencyRule & Statute Changesin Responseto COVID-19 Pandemic
We applaud the critical steps the Governor, legislature, statewide departments and agencies are taking
to limit the spread of COVID-19;to mitigate the impact of illness, suffering, and death; and to sustain
critical infrastructure and key resources in Wisconsin. However, it is a sad inevitability that, as we have
seen in other countries, there could be mass-fatalities, and it is funeral service providers who are on the
front lines dealing with the usual daily death rate, illness within their own families and staff, and
additional COVID-19 deaths that may overload their capabilities.
Below details some emergency rule and statutory changes that we recommend are put into place during
the state of emergency to ensure our citizens are safe, mitigate the spread of the disease and provide
funeral professionals with the ability to do their job most efficiently.

Proposed Statutory & Rule Changes
1.

During the declared Public Health Emergency, suspend FD 1.056 (l)(i) which relates to the
licensure of funeral director apprentices and the 16 hour pre-certification class required
prior to licensure. Suspension of this provision would allow for on line teaching of the class,
which is currently the only option for individuals to receiving their training.
Certification classcontent. (1) The 16-hour certification class shall contain the following
instructional topics:
(a) Funeral director apprentice expectations.
(b) Funeral ethics and etiquette.
(c) Understanding funeral services, gatherings, and various types of dispositions.
(d) Laws, rules, and regulations of funeral service.
(e) Workplace safety and Occupational Safety and Health Administration requirements.
(f) Introduction to funeral service: notification of death, transfers, and arrangements.
(g) Embalming, dressing, and casketing.
(h) Grief and psychology of funeral services.

(i))A
2.

Instruction
pe~~oA

During the declared Public Health Emergency, suspend 445.095 (2)(a) 1 and 2 which relates
to the ratio of licensed funeral director apprentices per funeral establishment license. This
would allow the flexibility of funeral establishments to retain the staff they may need to
mitigate any increase in deaths.

.only
~eard.mavn~coE!nize
445.095 {2)j~f_*~£,~~PfM_Pf9'♦'id~dh~ s~bd._2:llh~,~a .1riiAi11g

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em~io❖e~- ru
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iu11ctaL£11

PO Box 67, Madison, WI 53701

AM~ Hll.,,

PVERSIGHT

608-444-6214

fsawisconsin.org

WI-SEN-20-0888-A-000165

 2,ifhe(~11a~i~inet>6ard
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3.

During the declared Public Health Emergency, remove the requirement under Chapter
979.10 (l)(b) for mandatory viewing of a body by a coroner or medical examiner prior to
cremation if a physician has signed the death certificate and listed COVID-19 as the
underlying cause of death.

4. During the declared Public Health Emergency, under Chapter 979.10 (l)(a), remove the
mandatory 48 hour waiting period prior to cremation if the death certificate has been
signed by a physician and listed COVID-19 as the underlying cause of death.

Thank you for your prompt attention to these issues. On beha If of our members in Wisconsin, we stand
ready, as always, to care for the dead and the families left behind.
Sincerely,

FSCAExecutive Director

PO Box 67, Madison, WI 53701

AMERI~ ..

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608-444-6214

fsawisconsin.org

WI-SEN-20-0888-A-000166

 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Gehl, Patrick
Friday, April 03, 2020 11:20 AM
Romportl, Dan; Zimmerman, Alec
FW: April 7th Election
Letter to Governor.docx

From: fred royal <froyald@sbcglobal.net>

Sent: Friday, April 3, 2020 10:58 AM
To: Everslnfo@wisconsin.gov; ltgov@wisconsin.gov; Sen.Fitzgerald <Sen.Fitzgerald@legis.wisconsin.gov>;
<Rep.Steineke@legis.wisconsin.gov>; Rep.Vos <Rep.Vos@legis.wisconsin.gov>
Subject:April 7th Election

Rep.Steineke

Good moring Governor Evers and State Elected Officials. I hope you are keeping well during this difficult
times.
Please see attached letter expressing the NAACP Milwaukee's concerns regarding the upcoming April 7th
elections .
Fred Royal
President
NAACP Milwaukee Branch

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83

WI-SEN-20-0888-A-000167

 NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE
Mllwaukee Branch Unit# 3254
Fred Royal, President
2745 N. Dr. Martin Luther King Jr. Drive Suite 202, Milwaukee , Wisconsin 53212
Phone: (414) 562-1000 Fax : (414) 562-1091
Email: naacpmkeorg@gmail.com Website: http://www.naacpmke.org

April 3, 2020
Dear Governor Evers :
NAACP Milwaukee Branch shares the mission of mobilizing voters to safeguard and exercise the right to
vote. As you know, the novel coronavirus (COVID-19) is a respiratory disease that can result in serious
illness or death. It is caused by a new strain of coronavirus not previously identified in humans and easily
spread from person to person. There is currently no approved vaccine or antiviral treatment for this disease,
which brings us extreme concern being that we represent and serve the most vulnerable population in
Greater Milwaukee.
We implore you to postpone the Tuesday, April 7, 2020 election being that the pandemic shows no sign of
subsiding. The resulting depressed voter turnout on April 7, 2020 will disenfranchise thousands of voters,
who will be either unwilling or unable to vote without subjecting themselves and others to unsafe conditions
for not just themselves and their families, but for all residents of our state. As our Governor, we ask you to
exercise your authority under the Emergency Declaration to postpone the election under your authority
under Section 323.12 of the Wisconsin Statutes, which empowers you during such an emergency to "issue
such orders as he or she deems necessary for the security of persons and property."
To mitigate the spread of COVID-19,protect the public health, and provide essential protections to
vulnerable Wisconsinites, it is crucial that all Wisconsinites take steps to limit in-person contact. These
critical mitigation measures include social distancing and limiting the number of people interacting at
public gatherings . To that end, it is reasonable and necessary to temporarily suspend rules and procedures
relating to the Tuesday, April 7, 2020 elections so that these elections may be conducted by absent voter
ballot to the greatest extent possible.
We understand that Election officials and policymakers are giving full attention to possible mitigation
strategies. However, voters standing in line close to each other, handling ballots and using reusable pens
make for a potentially toxic stew of community transmission of the COVID-19 virus. Additionally, we
concerned for the election inspectors. Although protective and sanitation gear will be provided by the City of
Milwaukee Election Commission, over 180 polling locations have recently been reduced to eight (8) due to
the lack of election inspectors. As such, voters have less than a week to determine their new polling location
and will now be forced to go to a polling location where there will be more people due to the consolidation of
the voting sites. When elections are held at poUing locations, a large number of people often gather,
increasing the risk of transmission of COVID-19. More people gathering is not in line with the social and
physical distancing practices in place.
To protect the public health, safety, and welfare of this state and its residents, we request that:
• The municipalities follow state law requiring in-person early voting and in-person absentee registration
now through the election date;
• The state government mail absentee ballots to every registered voter;
• The state government extend the deadline for online and mail registration to May 26, 2020;
• The state government hold an election that permits in-person voting on June 2, 2020; and
• The state government count all returned mailed ballots through June 5, 2020.
Please contact first and last name at phone number or email address to discuss these matters further.
Respectfully Submitted,
WI-SEN-20-0888-A-000168

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Friday, April 03, 2020 11:17 AM
Mugnaini, Jason
RE:LAB Draft language

Received, thank you

From:Mugnaini, Jason <Jason.Mugnaini@legis.wisconsin.gov>
Sent: Friday, April 03, 2020 11:16 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: FW: LAB Draft language
Dan,
From our previous conversation on Audit Bureau inclusion in Omnibus coronavirus bill., Below is language that LAB put
together for us on getting them continuing oversight to the legislature. Just wanted to pass this along before caucus.
Thanks,

Jason Mugnaini Chief of Staff I Office of State Senator Robert Cowles
(608) 266-0484 I (847) 722-0219 (Cell) I 118 South, State Capitol I http://legi~,..w._i_~consin.gov/senate/02/cowl~.§

From:Chrisman, Joe <Joe.Chrisman@legis.wisconsin.gov>
Sent: Friday, April 03, 2020 10:55 AM
To: Sen.Cowles Sen.Cowles@legis.wisconsin.gov
Cc: Mugnaini, Jason <Jason.Mugnaini@legis.wisconsin.gov>
Subject: Draft language
The following is language the Legislature may wish to consider including in nonstatutory provisions of legislation drafted
in response to the COVID-19 public health emergency:
Beginning July 1, 2020, and continuing through June 30, 2021, the Legislative Audit Bureau shall use risk-based
criteria to review selected programs affected by this Act and selected expenditures made with funds authorized
by this Act and report the results of its reviews at least quarterly to the Joint Legislative Audit Committee and to
the Legislature under s. 13.172 (2), Wis. Stats.

Please let me know if you have any questions or if I can be of further assistance.
Joe

Joe Chrisman,State Auditor
r\lVI.

nlv/'

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84

WI-SEN-20-0888-A-000169

 Wisconsin Legislative Audit Bureau
22 East Mifflin Street, Suite 500
Madison, Wisconsin 53703
(608) 266-2818
Joe.chrisman@legis.wisconsin .gov

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85

WI-SEN-20-0888-A-000170

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Friday, April 03, 2020 11:07 AM
Soper, John; Ottman, Tad
RE:Rehired Annuitants in Critical Positions

Thanks, John, we'll flag it for Fitz when we talk to him today
From: Soper, John <John.Soper@legis.wisconsin.gov>

Sent: Thursday, April 02, 2020 4:28 PM
To: Ottman, Tad <Tad.Ottman@legis.wisconsin.gov>
Cc: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: Rehired Annuitants in Critical Positions

Tad,
I see nothing in the LFBmemo that indicates the double-dipping ends after the emergency. Duey does not want a 2
month long window for a complete/permanent exemption from the law. He suggests a return to current law on
choosing to suspend one's annuity or work <2/3 time 90 days after the end of the emergency. That would mean time
for catch-up work and HR decisions without using the emergency exemption to swallow the policy .
John Soper
Chief of Staff
Office of Sen. Duey Stroebel - 20th District

(608}266-7513
John.soper@legis.wisconsin.gov

AM~ HICA\J

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86

WI-SEN-20-0888-A-000171

 Romportl, Dan
From:

Sent:
To:
Subject:

Romportl, Dan
Friday,April 03, 2020 11:01 AM
Smith, Heather; Toftness, Jenny; Ottman, Tad
RE:Good Samaritan Provision - COVID19 Bill

I think we were a "No" on product liability, but we were going to discuss the Safe Harbor stuff (professional liability for
doctors and nurses) today at noon.
From: Smith, Heather <Heather.Smith@legis.wisconsin.gov>

Sent: Friday, April 03, 2020 10:59 AM
To: Toftness, Jenny <Jenny.Toftness@legis.wisconsin.gov>; Ottman, Tad <Tad.Ottman@legis.wisconsin.gov>; Romportl,
Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: FW: Good Samaritan Provision - COVID19 Bill

Are we doing this? I don't remember where we landed.
From: Tikalsky, Rory <Rory.Tikalsky@legis.wisconsin.gov>

Sent: Thursday, April 2, 2020 4:40 PM
To: Smith, Heather <Heather.Smith@legis.wisconsin.gov>
Cc:Ferguson, Paul <Paul.Ferguson@legis.wisconsin.gov>
Subject: Good Samaritan Provision - COVID19 Bill

Heather,
I'm working on drafting for a proposal for the COVID-19 bill related to creating a Good Samaritan provision to exempt
individuals/businesses that manufacture medical supplies and equipment in a public health emergency from civil liability
if the products cause injury or death.
They way I'm drafting it up right now is based on a similar exemption we already have written into statute for those who
donate food to nonprofits or units of government during a declared state of emergency, see 895.51{2m). In those
circumstances, they would be exempt from civil liability if the food causes injury or death, so long as it was donated/sold
to a nonprofit or unit of government at or below cost.
I think a similar structure for this provision would serve your desired purpose well, and makes sense given the existing
statute we can add on to. That said, there's a couple of things I'm hoping you might opine on to help iron out the details:
1) What items being manufactured do you want to the exemption to apply to? Right now I would draft it to apply
to: any medical equipment and supplies necessary to limit the spread of, or provide treatment for, a disease
associated with a public health emergency, including life support devices, personal protective equipment,
cleaning supplies, and any other item determined to be necessary by the Secretary of OHS.
2) To what extent would those who are manufacturing items be allowed to make a profit, if at all, if they are going
to be receiving the exemption from liability? The exemption for food donations applies only if the price covers
"overhead and transportation costs;" although some may argue high tech medical devices merit a higher
reimbursement to cover inputs required in their manufacture. A definition of cost could include the "cost of
production, reflecting only the costs of inputs, wages, operating the manufacturing facility, and transporting the
product." Does this fit your idea for the proposal? lf drafting "at cost," are these the costs you want included?

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 3) Should the exemption apply to sales of these items to for-profit organizations? To be consistent with food
donations in current law, an individual/business would only be exempt if the product is donated/sold to a
nonprofit or unit of government. Prohibiting sales to for-profit entities would be necessary to maintain the
integrity of an "at cost" provision, otherwise a manufacturer could sell it to an affiliated party who takes a profit
once it has been manufactured and sold "at cost" in order to exempt it from liability.
Please let me know what you're thinking. I'm happy to take a call to clarify my thinking or discuss particular language
you have in mind. You can contact me at this email or directly at 608-504-5788.
Thanks,
Rory

Rory Tikalsky
Fiscal Analyst
Wisconsin Legislative Fiscal Bureau
(608) 266-3847 I Rory,Tikalsky@legis.wi.go_y

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 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Friday, April 03, 2020 10:45 AM
'Misha Lee'
RE:Safe Harbor

Received, thank you, we'll be discussing today.
-Dan

From: Misha Lee <misha@leegovernmentrelations.com>
Sent: Thursday, April 02, 2020 6:41 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>;
Subject:Safe Harbor

Lied!, Kimber <Kimberly.Liedl@legis.wisconsin.gov>

Please see attached language for your consideration as discussed per our discussions with WHA and Med
Society . This captures a broad spectrum of the healthcare field and will have strong universal support from the
health care community. Please feel free to call me, Michael Heifetz or Kyle O'Brien with any questions. Thank
you for your consideration. Heather Smith also has a copy of this.

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 Romportl, Dan

Subject:

Romportl, Dan
Friday, April 03, 2020 10:27 AM
Lied!, Kimber; Koenen, Kyle
FW: Briefing call w/DHS Secretary-DesigneePalm on COVID- 19

Importance:

High

From:

Sent:
To:

Kyle,
Kimber from our staff will be calling in.
Thanks,
Dan
From: Sen.Kapenga <Sen.Kapenga@legis.wisconsi n.gov>
Sent: Tuesday, March 31, 2020 4:58 PM
To: Sen.Bernier <Sen.Bernier@legis.wisconsin.gov>; Sen.Cowles<Sen.Cowles@legis.wisconsin.gov>; Sen.Craig

<Sen.Craig@legis.wisconsin.gov>; Sen.Darling <Sen.Darling@legis.wisconsin.gov>; Sen.Feyen
<Sen.Feyen@legis.wisconsin.gov>; Sen.Fitzgerald <Sen.Fitzgerald@legis.wisconsin.gov>;Sen.Jacque
<Sen.Jacque@legis.wisconsin .gov>; Sen.Kapenga <Sen.Kapenga@legis.wisco nsin .gov>; Sen.Kooyenga
<Sen.Kooyenga@legis.wisconsin.gov>;Sen.LeMahieu <Sen.LeMahieu@legis.wisconsin.gov>; Sen.Marklein
<Sen.Marklein@legis.wisconsin.gov>; Sen.Nass<Sen.Nass@legis.wisconsin.gov>; Sen.Olsen
<Sen.Olsen@legis.wisco nsin.gov>; Sen.Petrowski <Sen.Petrowski@legis.wisconsi n.gov>; Sen.Roth
<Sen.Roth@legis.wisconsin.gov>; Sen.Stroebel <Sen.Stroebel@legis.wisconsin.gov>; Sen.Testin
<Sen.Testin@legis.wisconsin.gov>; Sen.Tiffany <Sen.Tiffany@legis.wisconsin .gov>; Sen.Wanggaard
<Sen.Wanggaard@legis.wisconsin.gov>
Subject: Briefing call w/DHS Secretary-Designee Palm on COVlD-19
Importance: High
Dear Caucusmembers,
Secretary-Designee Palm responded to our letter and has agreed to speak with us on Friday at 11AM. If that time works
in your schedule, please notify my office so we can give them an idea of who will be on. This will be a zoom meeting or
you can dial in to the conference call. The call information
is at the bottom of this email.
These are the four specific subjects we plan to focus on:

1. The length of the stay-at-home order
2. Flexibility of restrictions with regards to infection rates within each county
3. Testing availability and turnaround time
4. Proposed ventilator purchase
If you have specific questions or points around these items please let me know prior to the call so I can ensure she
knows what we are looking for beforehand. That will allow her to best prepare for the call. Due to the time limitations
and the number of people who will likely be on, if you have something you would like to ask during the call please text
me on my eel! (262) 613-5719 . That way I can keep a que similar to how we do it in committee or caucus. This is simply
to ensure we maximize the productivity of the call and get as much information as possible.
Thanks and let me know if you have any questions.

AivH r

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 Chris

Join Zoom Meeting: htt1.2s://dhswi.zoom.us/j/764596799
Meeting ID: 764 596 799
If dialing in instead of using computer audio, please dial 1-312-626-6799 and enter code 764 596 799

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 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Friday, April 03, 2020 9:55 AM
Pennoyer, Kara - GOV
RE: Gov. Office: COVID-19 policy proposals

I will give you a call about this today- thanks
-Dan
From: Pennoyer, Kara - GOV <kara.pennoyer1@wisconsin.gov>
Sent: Thursday, April 02, 2020 1:54 PM
To: Toftness, Jenny <Jenny.Toftness@legis.wisconsin.gov>; Pritzkow, Emily <Emily.Pritzkow@legis.wisconsin.gov>;
Palese, Tony <Tony .Palese@legis.wisconsin.gov>; Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Cc: Dye, Jenni N - GOV <jenni.dye@wisconsin.gov>; Hilton, Stephanie - GOV <stephanie.hilton1@wisconsin.gov>;
Madden, Zach A - GOV <zach.madden@wisconsin.gov>
Subject : RE: Gov. Office: COVID-19 policy proposals

Hello again,
I'm circling back to find a time for us to have a staff discussion on the proposals. What works for you all over the next
couple days?
Additionally, as we have sent you our two packages of proposals, this will work best if you could send us whatever
you've been working on and then we can virtually "sit-down" and go through everything.
Let us know, thanks.
Kara
From: Pennoyer, Kara - GOV
Sent: Wednesday, April 1, 2020 1:52 PM
To: Sen.Shilling - LEGIS<Sen.Shilling@legis.wisconsin .gov>; Rep.Hintz - LEGIS<Rep.Hintz@legis.wisconsin.gov>; Rep.Vos
- LEGIS<Rep.Vos@leg is.wisconsin.gov>; Fitzgerald, Scott - LEGIS<Sen.Fitzgerald@legis .wisconsin .gov>; Toftness, JennyLEGIS<Jenny.Toftness@!egis .wisconsin .gov>; Pritzkow, Emily- LEGIS<Emily .Pritzkow@legis.wisconsin .gov>; Palese,
Tony- LEGIS<Tony.Palese@legis.wisconsin.gov>; Romportl, Dan - LEGIS<Dan.Romportl@leg is.wisconsin .gov>
Cc: Dye, Jenni N - GOV <jenni.dye@wisconsin.gov>; Hilton, Stephanie - GOV <stephanie.hilton1@wisconsin .gov>;
Madden, Zach A - GOV <zach.madden@wisconsin.gov>; Gau, Maggie M - GOV <maggie.gau@wisconsin.gov>
Subject: Gov. Office: COVID-19 policy proposals

Hello,
As discussed on today's call, attached is an additional list of proposals that the Governor would like to see taken up by
the legislature. We would like to arrange a staff phone call as soon as possible to discuss these proposals and our
previous proposals, as well as those that have been proposed by your members. In an effort to move forward together
quickly, please let me know what times work on your end.
Thanks,
Kara Pennoyer
92

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 Deputy Chief of Staff
Office of Governor Tony Evers
Email: kara.pennoyer1@wisconsin .gov
Phone: 608-279-0737
Like Governor Tony Evers on Facebook

I Follow Governor

Tony Evers on Twitter

WlCOUNT

0
C EN S US

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 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Thursday, April 02, 2020 12:23 PM
Gehl, Patrick
FW: response from Fitzgerald office

FYI
From: Jason Herra <jherrowi@gmail.com>

Sent: Thursday, April 02, 2020 11:29 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: Re: response from Fitzgerald office

Hi Dan,
I heard the following from the state today. I find this to be crazy to be honest. We know there is a shortage. If
they are scouring the earth for N95, Alltas KN95 is the same product. AND it can come in to the country w/out
fail.
Need some help to get people to do the right thing and help Wisconsinites now! I am here - someone needs to
step up and make this happen.
Thanks for your assistance.
Jason

Dear Mr. Herro,

Thank you so much for your willingness to help. At this time, we are not looking for orders of KN95 masks. We
will make note that you may have this product in the event they are needed in the near future. Do you have any
other products available outside of the KN95s?

Thank you.

Brittany Grunewald
Wisconsin State Emergency Operations Center I Madison, WI
Jason

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 On Thu, Apr 2, 2020 at 9: 17 AM Romportl, Dan <Dan.Romportl@legis.wisconsin.gov > wrote:
Thanks, Jason, I will follow up with the Governor's office today and let them know you are still waiting for a call.
-Dan

From: Jason Herro <jherrowi@gmail.com>

Sent: Wednesday, April 01, 2020 11:58 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: Re: response from Fitzgerald office

Hi Dan,

I am still waiting for the emergency response procurement team to get back to me. I have masks, and I want to
help. I connected back up with the person from the initial call yesterday, and they said I would get a call. I am
sure that everyone is crazy busy there. If you have an power to help get someone to call me I would appreciate
it so we can get things moving and shipped to the state.

Thanks

JasonHerro
Allta hitemational
262 395 0174

On Tue, Mar 31, 2020 at 4:34 PM Romportl, Dan <Dan.Romportl@legis.wisconsin.gov > wrote:
Hi Jason,

We received your email regarding the masks that your company manufactures. First , Senator Fitzgerald and
his staff would like to express our sincere appreciation that you took the time to reach out with an offer to
help.

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 Governor Evers' administration has repeatedly urged anyone that may have supplies to be donated or sold to
the following website:

covid19supplies.wi.gov

Please let me know that you received this info1mation, and if you need assistance navigating the website, let
me know and we'll do our best to help.

Again, thank you for your generosity during these difficult times.

Sincerely,

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader

13th Senate District
(608) 266-5660

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 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Thursday, April 02, 2020 9:18 AM
'Jason Herra'
RE:response from Fitzgerald office

Thanks, Jason, I will follow up with the Governor's office today and let them know you are still waiting for a call.
-Dan
From: Jason Herra <jherrowi@gmail.com>

Sent: Wednesday, April 01, 2020 11:58 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: Re: response from Fitzgerald office

Hi Dan,
I am still waiting for the emergency response procurement team to get back to me. I have masks , and I want to
help. I connected back up with the person from the initial call yesterday, and they said I would get a call. I am
sure that everyone is crazy busy there. If you have an power to help get someone to call me I would appreciate
it so we can get things moving and shipped to the state.
Thanks

JasonHerro
Allta International
262 395 0174

On Tue, Mar 31, 2020 at 4:34 PM Romportl, Dan <Dan.Romportl @legis.wisconsin .gov> wrote:
Hi Jason ,

We received your email regarding the masks that your company manufactures. First, Senator Fitzgerald and his
staff would like to express our sincere appreciation that you took the time to reach out with an offer to help.

Governor Evers' administration has repeatedly urged anyone that may have supplies to be donated or sold to
the following website:

covid19supplies.wi.gov

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WI-SEN-20-0888-A-000182

 Please let me lmow that you received this information, and if you need assistance navigating the website, let
me know and we'll do our best to help.

Again, thank you for your generosity during these difficult times.

Sincerely,

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
13 th Senate District

(608) 266-5660

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 Romportl, Dan
Romportl, Dan
Thursday, April 02, 2020 8:24 AM
LTSB- Technical Support
RE:laptop setup

From:

Sent:
To:

Subject:

Thanks Cade, I'll give you a call after Paul drops it off
From: LTSB- Technical Support <Technical.Support@legis.wisconsin.gov>

Sent: Thursday, April 02 2020 8:20 AM
1

To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>

Cc:Vick, Jason <Jason.Vick@legis.wisconsin.gov>; Fruit, Paul <Paul.Fruit@legis.wisconsin.gov>
Subject: RE: laptop setup
Hello Dan,
Paul Fruit has the x360 laptop in 411 South today and will drop it by your office shortly.
After it's dropped off, we'd like to briefly show you and the Senator the basic steps for attending the session remotely.
Please feel free to reach out to us when you are ready.
Thank you,
Cade Gentry
Technical Services Manager
LTSB l 608-267-9528

From: Romportl, Dan

Sent: Thursday, April 21 2020 8:10 AM
To: LTSB-Technical Support <TechnicaLSupport@legis.wisconsin.gov>

Cc:Vick, Jason <Jason.Vick@legis.wisconsin.gov>
Subject: laptop setup
Good Morning,
I understand Senator Roth and Senator Fitzgerald spoke yesterday, and they have arranged for Senator Fitzgerald to be
physically in his office for the senate's virtual session, rather than in 411 South.
I believe LTSBis supposed to drop off a laptop in our office between Bam-lOam this morningby whenever is convenient, I will be here.

please feel free to come

Thank you,

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
13th Senate District
(608) 266-5660
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 100
WI-SEN-20-0888-A-0001 85

 

Romportl, Dan
From:

Sent:
To:
Cc:
Subject:

Romportl , Dan
Thursday, April 02, 2020 8:10 AM
LTSB- Technical Support
Vick, Jason
laptop setup

Good Morning,
I understand Senator Roth and Senator Fitzgerald spoke yesterday, and they have arranged for Senator Fitzgerald to be
physically in his office for the senate's virtual session, rather than in 411 South.
I believe LTSBis supposed to drop off a laptop in our office between 8am-10am this morning - please feel free to come
by whenever is convenient, I will be here.
Thank you,

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
13th Senate District
(608) 266-5660

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 Romportl, Dan
From:
Sent:
To:
Subject:

Romportl, Dan
Wednesday, April 01, 2020 9:12 PM
Blazel, Ted

RE:Conference Line

Thank you

From: Blazel, Ted <Ted.Blazel@legis.wisconsin.gov>

Sent: Wednesday, April 1, 2020 5:02 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>

Subject:Conference Line
Dan,
You can keep using that same conference number. Let me know if you need anything else.
Ted

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 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl, Dan
Wednesday, April 01, 2020 9:11 PM
Ottman, Tad; Smith, Heather; Toftness, Jenny; Zimmerman, Alec; Beyer, Kit
FW: Letter from Legislative Democrats regarding COVID-19 legislation
Letter to Vos_Fitzgerald on COVID-19 legislative session_FINAL2.0_4.1.20.pdf

Fyi
From: Pritzkow, Emily <Emily.Pritzkow@legis.wisconsin.gov>
Sent: Wednesday, April 1, 2020 7:52 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Cc:Palese, Tony <Tony.Palese@legis.wisconsin.gov>
Subject: Letter from Legislative Democrats regarding COVID-19 legislation

Dan,
Please find attached a letter from Legislative Democrats to Senator Fitzgerald and Speaker Vos regarding the COVID-19
legislative package. Thank you, and do not hesitate to contact me with any questions.
Emily

(608} 438-5978

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 WISCONSIN LEGISLATURE
P.O. BOX8952• MADISON, WI 53708

April 1, 2020
DELIVERED ELECTRONICALLY
Speaker Robin Vos
PO Box 8953

Madison, WI 53708

Majority Leader Scott Fitzgerald
PO Box 7882
Madison, WI 53707

Dear Majority Leader Fitzgerald and Speaker Vos,
The COVID-19 pandemic has impacted every comer of our state. In response to this ongoing public health
and economic crisis, it is imperative that our state government act with urgency to enact policies that will help
Wisconsin families and businesses as quickly as possible.
We appreciate that your offices have been in ongoing communications with our leadership and the Evers
administration in an attempt to reach a consensus on the best path forward. The Governor has proposed a robust
legislative package that meets many of the challenges our state is facing. While we expect there will be
different ideas on some of the details of proposed legislation, it is our hope that a final package will aim to
accomplish the same goals and be something that can gamer broad bipartisan support.
We all recognize that now is not the time for partisan politics. The people of Wisconsin want to see their state
elected officials working together to do everything possible to manage this public health crisis and provide the
support for those whose lives have been negatively impacted by this crisis.
Today, we are asking you to call the legislature into session immediately to address the COVID-19 crisis in a
swift, bipartisan manner .
Below we have included a list of legislative ideas and proposals aimed at addressing challenges that should
have broad, bipartisan consensus, as they affect families and businesses in districts across Wisconsin . As we
continue to hear from people throughout the state, we know that other issues will need to be addressed. Each
day brings new challenges as we combat COVID-19. We look forward to the legislature considering these
ideas, as well . At a minimum, we must address the most pressing needs of our state during this unprecedented
moment.
Public Health & Health Care
Increased jimding and staffi11gfor DHS a11dlocal public health departments

DHS and local public health departments require funding for increased staffing and resources to rigorously
track and contain COVID-19 cases, both now and once we are past the social distancing phase of this public
health event. In addition, we hope you will consider the changes proposed by Governor Evers to remove the
baniers to adding necessary staff by allowing the state to rehire annuitants to critical state positions; and
speeding up or expand licensing for health care workers and other vital positions.

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 Ensure that everyone has access to quality health care
The state must assure people that they will be able to receive the care they deserve during this pandemic without
direct and indirect barriers and excessive health insurance costs.
We support the proposals put forth by Governor Evers that prohibit the following:
•
•
•
•
•

Coverage discrimination based on COVID-19;
Cancellation of insurance policies during COVID-19
Cost-sharing and prior authorization for testing, diagnosis ; treatment , prescriptions, and vaccines
related to COVID-19
Surprise and balance billing for care related to COVID-19 and out-of-network care that is a result of a
preferred provider being unavailable due to public health emergency
Insurers from requiring prior authorization or imposing quantity limit on certain prescription drugs
during a public health emergency

In addition, we must require insurers to cover all telehealth services that would be covered were the services
provided in-person . This item has bipartisan support, with some GOP members voicing approval and
introducing legislation to do something similar to what the Governor proposed . Lastly , it is crucial that we
mandate coverage for testing, diagnosis, treatment, prescriptions and vaccines related to COVID-19.
Save state taxpayer dollars by maximizing federal resources
We must make the needed changes to state law to ensure that the state may obtain an increased federal match
for state Medicaid programs, resulting in hundreds of millions of dollars in savings for state taxpayers.

Unemployment Insurance
Suspend the one-week waitillg period for Unemployment Insurance (Ul)
Retroactive to the day of the declared crisis, suspend the one-week waiting period for Unemployment Insurance
(UI) to help families who have been impacted by unexpected job losses and as our economy recovers for a
period of one year.
Expand Ul to cover workers without access to paid leave
Ensure in state law that workers who do not have access to paid sick leave and are told to isolate or quarantine
due to COVID-19, even if not diagnosed, are considered unemployed and are able to access UI when in
quarantine ordered by a medical professional or public health official.
Expand Wisconsin Work-Share statute
Waive the current limits and provide employers with the flexibility to reduce hours to allow for more workers
to stay employed while allowing employees to use UI to make up for a portion of lost hours . And make it easy
for employers to participate by simply filing the paperwork. This has the benefit of easing the strain on the
state UI program while also helping more people stay employed.

Housing
Protect business and single-family renters from evictio11

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 Ensure that workers and businesses impacted by unexpected job losses and lost revenue are not evicted during
the public health emergency , providing housing security for families and protecting public health. It is crucial
that people and small businesses impacted by the crisis do not face eviction due to forces beyond their control.
K12 Education

Grant additional waiver authorityfor DPI
During the public health emergency, allow DPI to waive requirements in statute or administrative rules
applying to school boards, school districts, private schools , or independent charter schools . This allows districts
and the department flexibility on mandated state testing or school milk requirements that all of us have heard
concerns about.

Ensuring teacher and school employeepay
Require school boards to continue to pay and provide benefits for teachers and other employees during the
public health emergency, at their regular rates and hours.
Supporting Small Businesses

Expand accet-.·s
to low-interest, long-term loans and grants for small businesses
Provide state grants and low-interest , long-term loans to small businesses
pandemic . While the recently passed federal package will provide considerable
opportunities to keep businesses afloat and inccntivizc assistance loans made to
workers. This would help to avoid mass layoffs and keep workers employed.
sidelines, it takes a long time to get them back into the workforce.

impacted by the COVID-19
assistance , we should look for
small business for retention of
Once people are lost into the

Defer sales tax payments for small businesses
Allow the deferment of sales taxes without interest or penalty during the public health emergency for small
businesses, allowing for more cash flow to help main street businesses .

Give local government and small businessesflexibility in meeting state deadlines
Businesses throughout our state are struggling as we respond to COVID-19. We should be providing flexibility
to people , businesses, and local governments in Wisconsin to pay taxes and meet deadlines in a way that allows
them to keep their businesses open and people employed.
Elections

While there is little time to act to address the massive problems facing the immediate April 7 election, it is
important that we take all steps possible to protect both the public and the democratic process for the 7 th
Congressional District special election on May 12, the primary election on August 11, and the general election
on November 3.
The following changes should be made immediately:

Allow absentee ballots postmarked by the day of the election to be cou11ted
Ensure that voters are able to have their vote counted , regardless of slow delivery due to historic absentee
ballot requests.

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 Waive the witness signature requirement during the public health emergency

Allow voters self-isolating or self-quarantining alone to access their right to vote . Additionally, the legislature
should also consider broader changes to improve elections following the spring election.
Prepare to vote-by-mail in 2020

While preparations were not put in place for the April 7th election, we must prepare now for future elections.
Moving later 2020 elections to vote-by-mail now is the pmdent strategy to protect our elections and our public
health at the same time. At a minimum, mailing absentee ballots to every registered voter should be considered .
Modify voter registration deadlines

Ensure the online registration system allows registration through five days before the election date, to
accommodate voters who are unable to leave their homes and clerks that are reducing in-person registration .
Modify nomination paper requirements for candidates

Change the requirements for nomination papers during a public health emergency to minimize the risk of
transmitting the virus . The traditional signature process encourages behavior that violates the public health
guidelines promoted to slow the spread of COVID-19. Ideas could include cutting the number of required
signatures in half for each office or allowing nomination papers to be circulated for electronic signatures .
Whether there is a change or not, it might also be responsible to consider extending the deadline to June 15.
Legislature
Allow legislators to communicate with constituents during a public health emergency

Specify that the legislative 50 piece rule not apply to communications with constituents about a public health
emergency while it is in place. While there are many ways for the public to get information about a public
health information, it is important that accurate and timely information be shared with people across the state
about a public health emergency, the actions taken to address the emergency, and resources people need to
navigate it.
These are some of the priorities we believe should be acted upon immediately . If there is not support for the
specific ideas proposed above, we strongly encourage you to offer alternative ideas that address the challenges
outlined . The COVID-19 pandemic has already had devastating consequences on our state that will only get
worse in the near future. We owe it to the people of Wisconsin to act with urgency and act together, united as
legislators with our Governor. We are asking you to not delay another day in convening the legislature and
getting to work to help the people of our state.
We hope you'll take this letter in the spirit of bipartisanship Wisconsin needs at this moment in our state's
history .
Sincerely,

AMERICAN

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WI-SEN-20-0888-A-000192

 Assembly Minority Leader Gordon Hintz

Senate Minority Leader Jennifer Shilling

~~;_~~~~
Representative Dianne Hesselbein

Representative Mark Spreitzer

Senator Fred Risser

Representative Steve Doyle

Representative Evan Goyke

Senator Dave Hansen

A

~--·7

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\-..k~"'-'S°"'\-"-:t

Representative Amanda Stuck

Representative Melissa Sargent

-L-

~

Senator Tim Carpenter

J-;URepresentative David Crowley

Representative Jimmy Anderson

Senator Patty Schachtner

/)I/

Representative Debra Kolste

Representative Daniel Riemer

AMERICAN

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Representative Jonathan Brostoff

~~
Senator Chris Larson

~ ~ cf.-.-~LRepresentative Lakeshia Myers

Senator Lena Taylor

WI-SEN-20-0888-A-000193

 Representative Jodi Emerson

~ A~nd

JL ctlLt

Representative Katrina Shankland

epresentative Gary Hebl

Representative Lisa Subeck

Representative Greta Neubauer

Representative Tod Ohnstad

Representative Sondy Pope

Representative Kalan Haywood

Representative Christine Sinicki

Representative Robyn Vining

~~

~4=-

~~

Representative Beth Meyers

U~
'

Representative David Bowen

=~
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:1J
.

~

~~
- . !-4-//t_,::'.L..
CJ..__··;(:
-

Representative Dave Considine

.

i

/)

Representative Tip McGuire

RepresentativeMarisabelCabrera Representative Chris Taylor

WI-SEN-20-0888-A-000194

 ~~
Representative Nick Milroy

Representative JoCasta Zamarripa

Senator Mark Miller

Senator Jeff Smith

Senator La Tonya Johnson

Senator Jon Erpenbach

Senator Robert Wirch

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 Romportl, Dan
Romportl, Dan
Wednesday, April 01, 2020 7:25 PM
Vick, Jason
RE: Laptop setup

From:

Sent:
To:

Subject:

That solves about 85% of the mystery . Thank you.
From: Vick, Jason <Jason.Vick@legis.wisconsin.gov>

Sent: Wednesday, April 1, 2020 7:22 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: Re: Laptop setup

Ok. Ltsb said he never accepted the laptop so they will just drop one off in your office in the morning. So he won't have
to bring in anything.

Jason Vick

On Apr 1, 2020, at 7:12 PM, Romportl, Dan <Dan.Romportl@legis.wisconsin.gov> wrote:

OK, still trying to get confirmation on what he is planning on doing.
My problem is I don't know if he has his laptop at home, and even if he does I am only 50% sure he will
remember to bring it, because he rarely uses it and isn't used to carrying it back and forth.
But if LTSBcan set one up that they already have configured, that would be ideal...

From: Vick, Jason <Jason.Vick@legis.wisconsin.gov>

Sent: Wednesday, April 1, 2020 6:07 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: Laptop setup

Hi Dan,

If Fitz goes virtual tomorrow, LTSBwould need to schedule a time between 8-l0am (the earlier the
better). They said they could drop off a laptop and do the set up over the phone.
JasonVick
Officeof Senate PresidentRogerRoth
608-266-0718

220-South,State Capitol

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 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Wednesday, April 01, 2020 7:12 PM
Vick, Jason
RE:Laptop setup

OK, still trying to get confirmation on what he is planning on doing.
My problem is I don't know if he has his laptop at home, and even if he does I am only 50% sure he will remember to
bring it, because he rarely uses it and isn't used to carrying it back and forth.
But if LTSBcan set one up that they already have configured, that would be ideal...

From: Vick, Jason <Jason.Vick@legis.wisconsin.gov>
Sent: Wednesday, April 1, 2020 6:07 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: Laptop setup

Hi Dan,

If Fitz goes virtual tomorrow, LTSB would need to schedule a time between 8-10am (the earlier the better). They
said they could drop off a laptop and do the set up over the phone.
JasonVick
Office of Senate President Roger Roth
608-266-0718

220-South, State Capitol

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 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Wednesday, April 01, 2020 5:39 PM
'rtracy7 S@ulwr-i nc.co m'
3pm phone call

Hi Bob,
I spoke with the DNR at 3pm today, and here is what I learned:
They will be setting up a website, launching tomorrow, where industries affected by COVID-19 will be able to email their
concerns to DNR, and then DNRwill facilitate industry-wide conference calls in an attempt to develop a temporary
solution for those parties. I think their objective would be to get ULW, Covanta, Clean Harbors, etc. on the line to come
up with a workable solution that would last the duration of the public health emergency.
While they acknowledged that this undertaking will be separate from the ongoing permitting issue that you've been
working with them on for many months, this may offer some short-term relief as our state deals with these unforeseen
fallouts from the coronavirus.
I'm happy to talk more on this tomorrow after we see what this website looks like. I've been assured that they will be
contacting industry folks immediately after they submit their information, so as always I'd offer our assistance in making
sure turn-around time is adequate, especially since you've communicated you are days - not weeks - away from being
out of compliance .
I am in the office all day tomorrow so feel free to give me a call when you have some downtime.
Thanks,

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
13 th Senate District
(608) 266-5660

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 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl, Dan
Wednesday, April 01, 2020 4:31 PM

Ottman, Tad
FW: Van Bills
19-6019_P1.pdf

FYI
From: Kelly, Scott <Scott.Kelly@legis.w isconsin.gov>

Sent: Wednesday, April 01, 2020 4:23 PM
To: Duerkop, Nathan <Nathan.Duerkop@legis.wisconsin.gov>; Mugna ini, Jason <Jason.Mugnaini@legis.wisconsin.gov>;
Gibbs, Adam <Adam .Gibbs@legis.wisconsin .gov>; Ponio, Jerry <Jerry.Ponio@legis .wisconsin.gov>; Lakin, Tim
<Tim .Lakin@legis.wisconsin .gov>; Romportl, Dan <Dan.Romportl@ legis.wisconsin.gov>; Rettinger, Nik
<Nik.Rettinger@leg is.wisconsin.gov>; Koenen, Kyle <Kyle.Koenen@legis.wiscons in.gov>; Lonergan, Sandy
<Sandy.Lonergan@legis.wisconsin .gov>; Prange, Katy <Katy.Prange@legis.wisconsin.gov>; Summerfield, Craig
<Craig.Summerfield@legis .wisconsin.gov>; Mikalsen, Mike <Mike.Mikalsen@legis.wisconsin.gov>; Zantow, Jenna
<Jenna.Zantow@legis .wisconsin .gov>; Fiocchi, Tim <Tim.Fiocchi@legis.wisconsin .gov>; Henkel, Matt
<Matt .Henkel@legis .wisconsin .gov>; Soper, John <John.Soper@legis.wisconsin.gov>; Emerson, James
<James.Emerson@legis .wisconsin.gov>; Esser,Jennifer <Jennifer.Esser@legis.wisconsin.gov>
Subject: Van Bills

As the Senate drafts legislation in response to the Public Health Emergency, in addition to suspending the one-week
waiting period, Van has two additional subjects that he is pushing for inclusion.
I have attached a bill draft that adds SARS-CoV2(COVID-19) to the list of infectious diseases for which duty
disability/death benefit can be claimed for first responders. You will note that the current list includes the original SARS,
tuberculosis, various Hepatitis strains, HIV/AIDS, and others . Given the known lack of PPEfor first responders, Van thinks
this is a prudent move in line with previous legislation.
Also, in drafting, but not yet drafted, is a requirement that school districts fulfill their contract obligations with the
regard to purchases. We've heard from a large bus company that a school district is not intending to pay their contract
for the rest of the school year. Since school districts are funded through the state and have not had reduction in funds
due to their closing, there shou ld be no reason for them not to fulfill obligations. If they do not fulfill their obligations, it
will cause a ripple effect through the economy, and the district will simply pocket the money. I will share that draft when
I receive it.
Thanks
Scott

Scott Kelly

Chief of Staff
Senator Van Wanggaard

608-266-1832
scott .kelly@legis.wi.gov

AM[ HICAN

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WI-SEN-20-0888-A-000199

 Romportl, Dan
From:

Sent:
To:
Subject:

Romportl, Dan
Wednesday, April 01, 2020 3:39 PM
Ottman, Tad
FW: LRB-5920

FYI- the industry would like 60 days rather than 90 days, and for us to put it into statute (rather than be subjected to an
EO later)

From: Misha Lee <misha@leegovernmentrelations.com>
Sent: Wednesday, April 01, 2020 12:16 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: LRB-5920

3. PROHIBIT POLICY CANCELLATION DURING PUBLIC HEALTH EMERGENCY FOR
PREMIUM NONPAYMENT
LRB 5920/P2: Prohibit insurers from canceling any policy of insurance for nonpayment of premiums until at
least 90 days after the unpaid premium was due during the period covered by the state of emergency related to
public health declared by the Governor on March 12, 2020, under Executive Order 72.
[Bill Section: 75(3)]

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 Romportl, Dan
From:

Sent:
To:
Subject:

Romportl , Dan
Wednesday, April 01, 2020 3:32 PM
'Michale Maxwell'
voting tomorrow

Hi Michale,
I have Senator Fitzgerald pushing up against a 10:30am obligation, at which point he will need to drop off the call. Do
you have a sense of when the vote(s) will be taken on the items outlined in the agenda?
In the case that he is not able to be on the phone for a roll call vote, is there another way for his vote to be recorded?
Thanks in advance,

Dan Romportl
Chief of Staff

Senator Scott Fitzgerald
Senate Majority Leader
13 th Senate District

(608) 266-5660

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 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl, Dan
Wednesday, April 01, 2020 3:24 PM
Ponio, Jerry
FW: 01 Vos Fitzgerald JD
01 Vos Fitzgerald JD.pdf

-----Original Message----From: Sen.Fitzgerald <Sen.Fitzgerald@legis.wisconsin.gov>
Sent: Wednesday, April 01, 2020 12:15 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>; Ottman, Tad <Tad.Ottman@legis.wisconsin.gov>
Subject: FW: 01 Vos Fitzgerald JD

-----Original Message----From: Barton, Elizabeth <E1izabeth.Barton@legis.wisconsin.gov>
Sent: Wednesday, April 1, 2020 12:06 PM
To: Rep.Vos <Rep.Vos@legis.wisconsin.gov>; Sen.Fitzgerald <Sen.Fitzgerald@legis.wisconsin.gov>
Subject: LFB: 01 Vos Fitzgerald JD

Representative Vos and Senator Fitzgerald -Please see the attached LFB document from Bob Lang.

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 Legislative Fiscal Bureau
One East Main, Suite 301 • Madison, WT 53703 • (608) 266-3847 • Fax: (608) 267-6873
Email: fiscal.bureau@legis.wisconsin.gov • Website: http://legis.wisconsin .gov/ltb

April 1, 2020

TO:

Representative Vos and Senator Fitzgerald
State Capitol

FROM:

Bob Lang, Director

SUBJECT: Statutory Changes to Access Federal Funding and Program Flexibility in the Medical
Assistance Program in Response to COVTD-19

At your request, this memorandum describes the changes to state statutes that would be
necessary to access enhanced federal Medicaid matching funds and program flexibility in response
to the public health emergency associated with the coronavirus disease of 2019 (COVID-19).
Federal Medical Assistance Percentage Increase
The Family First Corona Virus Response Act (FFCRA) increases each state's federal medical
assistance percentage (FMAP) by 6.2 percentage points during any calendar quarter for which the
COVID-19 federal public health emergency is in effect, provided the state meets certain maintenance
of effort criteria. This increase will apply, at a minimum to the first two quarters of 2020, January to
March, and April to June. Based on current expenditure levels in the state's medical assistance
program, the increase to the state's FMAP will increase federal Medicaid matching funds by
approximately $150 million per quarter, or approximately $300 million over the two quarters
covering the final six months of state fiscal year 2019-20.

In order to qualify for the FMAP increase, states must: (a) not adopt more restrictive eligibility
standards, methodologies, or procedures for their Medicaid programs than were in effect on January
1, 2020; (b) not charge a higher premium for any eligibility groups than was in effect on January 1,
2020; (c) ensure that any person who was enrolled as of the date of enactment of the FFCRA (March
18, 2020) or who enrolls during the federal public health emergency be eligible for benefits through
the end of the month in which the public health emergency period ends; and (d) provide coverage of
COVID-19 testing and treatment for Medicaid beneficiaries without cost sharing. With respect to
premiums, a state 1s not ineligible for the FMAP increase during the 30 day period following the
passage of the FFCRA (that is, through April 17, 2020), if it had a premium in effect on the date of
passage that would otherwise not be in compliance with the maintenance of effort requirement. This
provision establishes a grace period to allow states to change any state laws to qualify.

AMFRICAt\J

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WI-SEN-20-0888-A-000203

 In order to ensure that the state is in compliance with the maintenance of effort requirements,
some provisions of state statutes pertaining to emollment and premiums under the medical assistance
program would need to be suspended during the period covered by the federal public health
emergency. In particular, the state would need to temporarily suspend implementation of provisions
of a federal waiver relating to MA coverage for childless adults. These provisions, which were
implemented on February 1, 2020, include monthly premiums and eligibility conditions that are not
allowed under the federal maintenance of effort provision. In addition, the state would need to
temporarily suspend any statutory provisions pertaining to MA eligibility, as necessary to ensure that
beneficiaries retain eligibility through the end of the public health emergency.

Section 1135 Waivers
When the President of the United States declares a disaster or emergency under the federal
Stafford Act (42 USC Chapter 68) or National Emergencies Act (50 USC Chapter 34) and the
Secretary of the U.S. Department of Health and Human Services (DHHS) declares a public health
emergency, the DHHS Secretmy may, under s. 1135 of the Social Security Act, temporarily waive
or modify certain federal Medicare, Medicaid, and Children's Health Insurance Program (CHIP)
requirements to ensure that sufficient health care items and services are available to meet the needs
of individuals enrolled in these programs, and that health care providers who provide services in
good faith can be reimbursed and exempted from certain sanctions (other than sanctions resulting
from cases of fraud or abuse).
Examples of these 1135 waivers or modifications include:
•

Conditions of participation or other certification requirements;
Program pa1ticipation and similar requirements;
•
Preapproval requirements;
•
Requirements that physicians and other health care professionals be licensed in the state
in which they are providing services, so long as they have equivalent licensing in another state, for
purposes of Medicare, Medicaid, and CHIP reimbursement;
•
The Emergency Medical Treatment and Labor Act (EMTALA);
•
Federal laws that prohibit self-referrals by physicians;
•
Adjustments to performance deadlines and timetables; and
•
Lin1itations on payment for health care items and services furnished to Medicare
Advantage enrollees by non-network providers.
The Section 1135 waivers typically end no later than the termination of the emergency period,
or 60 days from the date the waiver or modification is first published, unless the DHHS Secretary
extends the waiver by notice for additional periods ofup to 60 days, up to the end of the emergency
period.
On March 24, 2020, the Wisconsin Department
Committee on Finance approve a Section 1135 waiver
as an attachment to this memorandum. On March
Designee Palm that , under s. 20.940(2) of the statutes,

of Health Services (DHS) requested that Joint
request. The Department 1s request is provided
27, the Committee notified DHS Secretary
the Department is prohibited from submitting

Page2

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WI-SEN-20-0888-A-000204

 a request for the waiver because legislation has not been enacted specifically directing the
submission of the waiver.
In order to enable DHS to submit the Sectionl 135 waiver request, legislation is needed to
either: (a) exempt DHS from complying with requirement that 20.940(2) of the statutes during the
duration of the public health emergency; or (b) direct DHS to submit a waiver request under Section
1135 of the Social Security Act. If the first option is taken, DHS could submit a Section 1135 waiver
immediately upon enactment. If the second option is taken, the Department would need to submit a
waiver proposal to the Joint Committee on Finance for approval before it is submitted to DHHS. As
of March 31, 2020, DHHS had approved Section 1135 waivers for 40 states.

Section 1915(c) Appendix K Amendments
Most Medicaid home and community-based services (HCBS) are provided through Section
1915 (c) waivers, including Wisconsin's Family Care, IRIS, and Children's Long-Term Support
(CLTS) program services. States can use Section 1915 (c) waiver Appendix K to amend these HCBS
waivers to respond to an emergency. For example, states can modify or expand HCBS eligibility or
services, modify or suspend service planning and delivery requirements, and adopt policies to
supp01t providers .
As of March 31, 2020, 13 states have received CMS approval of their Appendix K submissions
in response to COVID-19. In the Wisconsin Department of Health Services 1 1135 waiver request
dated March 24, 2020, section 8.19 indicates that there will be forthcoming Appendix K submissions
from the Department to CMS.
As with the Section 1135 waiver proposal, the Department is prohibited from submitting a
waiver modification request under Appendix K without statutory authorization. In order to enable
the Department to submit such a request, the Department could either be exempted from the waiver
approval requirements during the federal public health emergency, or be authorized in legislation to
submit one or more Appendix K waivers, pending approval by the Joint Committee on Finance .

BL/JD/lb

j: :

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 Romportl, Dan
From:

Sent:
To:
Subject:
Attachments:

Romportl, Dan
Wednesday, April 01, 2020 2:55 PM
Ottman, Tad
FW: Bill drafts
19-6019_P1.pdf; 19-6018_P1.pdf

One more - member ask (Van)
From: Kelly, Scott <Scott .Kelly@legis.wisconsin.gov>

Sent: Tuesday, March 31, 2020 11:39 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>

Subject: Bill drafts
Hi DanHere are the bill drafts I texted you about last night. It creates a presumption for Law enforcement, correctional officers,
EMTs and firefighters for duty disability and death benefits. With the lack of PPEfor first responders it seems
appropriate.
LRB 19-6018 is broader to incorporate future infectious disease public health emergencies, LRB6019 is specific to SARSCoV2. I lean towards 6019 because it is specific, but I see the benefit of 6018 so we don't always have to revisit this.
I don't think we're going to circulate it, because we can't introduce it, but I wanted it on your radar. Please share with
Fitz when developing a bill.
Thanks
Scott

Scott Kelly
Chief of Staff
Senator Van Wanggaard

608-266-1832
scott.kelly@legis .wi.gov

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 Romportl, Dan
Romportl, Dan
Wednesday, April 01, 2020 2:34 PM
Ottman, Tad
FW: Looking for Changes to state law or an ExecutiveOrder on Spring Election and
other matters

From:

Sent:
To:

Subject:

From: Henkel, Matt <Matt.Henkel@legis.wisconsin.gov>
Sent: Friday, March 20, 2020 2:59 PM
To: Romportl, Dan <Dan.Romportl@legis .wisconsin.gov>
Subject: Fwd: Looking for Changesto state law or an Executive Order on Spring Election and other matters

Begin forwarded message:
From: Curt Witynski <witynski@lwm-info.org>
Date: March 20, 2020 at 14:05:57 CDT
To: "Sen.Roth" <Sen.Roth@legis.wisconsin.gov>
Cc:"Henkel, Matt" <Matt.Henkel@legis .wisconsin.gov>

Subject: Lookingfor Changesto state law or an ExecutiveOrder on Spring Electionand other matters

Hi Sen. Roth: Thanks for the phone call earlier today and your suggestion that mun icipalities seek the
ability to tap into national guard members for working at the polls on April 7. I appreciated our
discussion on possible ways the Legislature could change state law to help municipalities contend with
the COVID-19 public health emergency. Most of what we have been working on this week for our
members relates to: 1) Conducting a safe spring election if it is not postponed; 2) helping local
governments comply with the open meetings law while following best practices during the pandemic to
maintain social distancing; and 3) obtaining the ability to waive water uti lity late payment fees.

SpringElection. I've pasted below state law adjustments we've asked the Governor to make as part of
an emergency executive order:
1. Waive the requirement for voters to physically sign the poll book. This action is not critical and
carries with it too much risk of virus transmission
2. Waive county residency for pollworkers. Cities and villages are scrambling to replace
pollworkers who are among the vulnerable populations or who are simply unwilling to expose
themselves to so much public contact. As a result, we need all options open, including asking
municipal employees to work the polls. It is not unusual for employees to live "just across the
county line." This statute could be waived with minimal negative impact.
3. Extend the deadline for requesting absentee ballots by mail to next week Friday (the deadline is
4.

tomorrow).
Delay the school start beyond the April 7 election. Again, co-mingling students, voters and
pollworkers creates a tremendous risk for virus transmiss ion. Many municipalities rely on

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WI-SEN-20-0888-A-000207

 schools as polling sites because they are the only accessible public buildings available in their
community.
We also concurred in Milwaukee's request:

1. Per 6.28(1}(a), the close for on-line and by-mail voter registration is 21 days prior to the
election, or Wednesday, March 18.

Concern: After the passing of this deadline, any person that is quarantined or too ill to appear in person
cannot request an absentee ballot unless they are already registered to vote at their current
address. This will present an unjust hardship and prevent voting for many in Milwaukee, and will
certainly disproportionately impact people in poverty who by the nature of poverty tend to be more
transient.
Request: Extend the deadline for by-mail and online registration until the deadline for requesting an
absentee ballot (the Thursday preceding the election) so that persons requesting absentee ballots can
simultaneously register.

2. Per 6.29(2)(a), the close of in person registration in the clerk's office and early voting locations
is Friday, April 3.

Concern: Milwaukee and other municipalities will offer extended IPAVor early voting hours through the
weekend preceding the election in order to allow accessto voting prior to Election Day for as many
people as possible. (This is essential to alleviating crowding at voting sites.) However, no person
requiring registration can register and vote on the weekend preceding the election.
Request: Extend the deadline for in-person registration to Sunday, April 5, the Sunday preceding the
election

3. Per 6.87(6), absentee ballots must be received by Election Day to be counted.
Concern: Given the unprecedented volume of absentee voters and the unpredictability of when a
person may need to apply for an absentee ballot, there is a strong probability that hundreds if not
thousands of votes will be lost by late-arriving absentees (those received after Election
Day). Additionally, there is no practical way that a person submitting a request for an absentee ballot on
the deadline for submitting that request (the Thursday preceding the election) will have time to receive,
vote and return their ballot by Election Day.
Request: Reinstate the counting of "late-arriving absentee ballots," which required municipalities to
include in their final election results/canvass votes from any absentee ballots postmarked by Election
Day and received by the Friday after the election. (This provision of law was eliminated by the
legislature in August 2016.)
4.

Per 7.52(1){a), current law prohibits the processing of absentee ballots until the polls open on
Election Day.

Concern: Milwaukee and other municipalities will experience an unprecedented volume of absentee
voters. The city anticipates as many as 65-75,000 ballots. Given practical constraints around large
group gatherings and Coronavirus precautions, this process could take several days to complete.
Request: Municipalities should be allowed to begin the process as early as the Sunday preceding the
election.

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 5. The WisconsinElectionCommissionsdraft rules related to observersat votingsites does not
limit the number of observersthat may be present.
Concern: The more people comingand goingfrom a voting room, the greater the riskto election
workers and other membersof the public
Request: Requirethe WECto temporarilyamend the rulesto only allow one observerfrom each
primary political party.
We also forwarded the Madisonclerk'srequests:

•
•
•

•

Allow voters to register online and via mail after registration "closes"
March 18.
Allow Boards of Canvassers to count late-arriving absentee ballots.
Allow voters confined to their home due to COVID-19 concerns to sign up
for the permanent absentee list until they are no longer confined to their
homes. Thiswould allow them to get an absentee ballot without having
to upload an image or scan of their ID. Voters who are 70 and older can
currently be placed on the permanent absentee list if they are confined
to their home due to age. However, we are talking with countless voters
in their 60s who are unable to figure out the technology needed to
upload a copy of their ID via the MyVote website when requesting their
absentee ballot.
Social distancing is making it very difficult for elderly voters to find a
witness for their absentee ballot, and using technology like Skype for the
witness requirement is not feasible for them. Eliminate the requirement
that voters on the permanent absentee list have a witness sign their
absentee envelope for this election.

In addition, we supportedWaukesha'srequest,which I've pasted below:
•
•

We could begin counting the glut of mailed ballots today. The machines can and should be
secured every night. This is an easy solution that would provide a tremendous amount of relief.
A further step, during the Absentee period is to allow the Voter to cast the ballot into the
machine. Reduces all the envelopes and reduces the amount of time to process. This reduces
crowds and chances to spread virus.

Open Meetings Law Flexibility. We are urging the Governor to issue an executive order similar to what
the Massachusetts Governor issued relating to providing local governments with flexibility under the
open meetings law and quorum requirements to meet virtually by phone or via the web while complying
with the open meetings law. One component of the Massachusetts order that would be particularly
helpful for small local governments is language similar to the following: A municipal public body

that for reasons of economic hardship or lack of technical resources and despite best
efforts is unable to provide public access in real time through telephone , internet, or
satellite enabled audio or video conferencing or any other technology may instead post
on its municipal website a full and complete transcript, recording, or other
comprehensive record of the proceedings as soon as practicable afterwards.
Here's a link to the Massachusetts order: https://41g41s33vxdd2vc05w415sle-wpengine
ExecOrder Mar32020.pdf
ssl.com/wp-content/uploads/2020/03/OpenMtgLaw

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.netdna -

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 Waiver of Municipal Water Utility Late Payment Fees The PSCis informing municipal water utilities
that they lack authority during the COVID-19 health emergency to waive late fees ordinarily imposed on
utility customers who are delinquent in paying their bills. Watertown informed us this morning that PSC
staff told them that statutory and Wis. Adm in. Code provisions governing the provision of utility service
require the utility to bill customers in accordance with the utility's tariff. According to the PSC,this
means the utility must bill late fees in accordance with its tariff on file with the Commission and would

not be able to waive a late fee.
We have asked the Governor to issue an Executive Order allowing municipal water utilities to waive fees
for making late payments during the duration of the COVID-19 health emergency.
Thanks for considering our requests.

*************************************
Curt Witynski , J.D.
Deputy Executive Director
League of Wisconsin Municipalities
office: (608) 267-3294
cell: (608) 354-3003
www.lwm-info.org

AMERICA\J

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 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Wednesday, April 01, 2020 2:33 PM
Ottman, Tad
FW: Urgent Support for Wisconsin's Hospitality Industry

From: Scott Stenger <scott@stengergov.com>

Sent: Wednesday, April 01, 2020 7:41 AM
To: Toftness, Jenny <Jenny.Toftness@legis.wisconsin.gov>; Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: FW: Urgent Support for Wisconsin's Hospitality Industry

From: Tavern League of Wisconsin [mailto:sarah@tlw.ccsend.com]
Sent: Tuesday, March 31, 2020 10:25 AM
To: scott@stengergov.com
Subject: Urgent Support for Wisconsin's Hospitality Industry

On Behalf Of Tavern League of Wisconsin

Let me know if you want any changes. Test

AM~ HICA\J

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129

WI-SEN-20-0888-A-000211

 To:

All Legislators

Fr:

Chris Marsicano, TLW President

Re:

Urgent Support for Wisconsin's Hospitality Industry

Date: March 31, 2020

In addition to my role as President of the Tavern League of Wisconsin,
my brother David and I own and operate The Village Supper Club in
Delavan, WI. We took over the family business from our parents who
founded The Village Supper Club in 1966. Wisconsin is proudly home to
thousands of family businesses like mine.
For over 50 years my family has served our community. Now my future
as well as the future of thousands of other small businesses is in
jeopardy. We understand the need to close our businesses to fight this
virus. Sadly, that doesn't pay our bills.
Taverns and restaurants in Wisconsin will have been closed to regular
business for 38 days after the current Executive Order expires. Without
the additional help of state government the hospitality industry will suffer
significant permanent loss.
The federal stimulus bill is a start but more is needed on the state and
local level to enable our Members to survive. We need action. We need
help. We are doing our part, we need state government to do its part.
• Prohibit any foreclosures or evictions of any licensee until 60 days
after the Executive Order expires.
• Prohibit any insurance cancellations of any licensee until 60 days
after the Executive Order expires.
• Waive 2020 liquor/beer municipal license fee and all other
municipal and state fees for all alcohol/food license holders.
• Initiate a sales tax holiday for all sales at licensed establishments
effective March 17tltthrough July 30th,
AM~ HICA\J

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WI-SEN-20-0888-A-000212

 • Repeal the 15 day beer credit law and 30 day alcohol credit day
law. Licensee holders who are unable to make a payment during the
shutdown cannot receive future shipments of product.
• Permit delivery of alcohol through age verified sales via
phone/online transactions for Class B license holders during the
Executive Order. Many of our members do not have a restaurant
license and alcohol sales are their only cash flow. In addition it will
help licensees reduce their inventory. Other states have made this
change to assist licensees to deliver alcohol.
• Repeal the consignment law for alcohol. This law has presented a
problem for our members in returning product after the Executive
Order was issued.
• Delay July 2019 local property tax payment for all license holders.
• Provide a state credit for 2020 property taxes for license holders.
• Prohibit cable/satellite providers from canceling service of a Class
B licensee until 60 days after the Executive Order expires.
• Prohibit municipalities from engaging in alcohol sales for the
remainder of 2020 and instead require them to contract with existing
licensees for any event where alcohol sales occur.
• Allow golf courses to open to golfers only.
My Members need urgent legislative action. We look forward to working
with you to ease the financial burden crippling the family businesses of
thousands of taverns and restaurants in Wisconsin.
Sincerely,
Chris Marsicano, TLW President

Formore informationand news as it is availableto us, please visit our website.

CONN ECT WITH US!

AMERICA\J

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WI-SEN-20-0888-A-000213

 □□□
Tavern League of Wisconsin

I 2817 Fish Hatchery Road, Fitchburg, WI 53713

U.nsubscribe{reclpient's
Update Profile

I About

..email}

Constant Contact

Sent by info@tlw.org in collaboration with

Try email marketing for free today!

THIS IS A TEST EMAIL ONLY.
This email was sent by the author for the sole purpose of testing a draft message. If you believe you have
received the message in error, please contact the author by replying to this message . Constant Contact takes
reports of abuse very seriously. If you wish to report abuse , please forward this message to
abuse@constantcontact.com.

AMERICAN

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132

WI-SEN-20-0888-A-000214

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Wednesday, April 01, 2020 12:54 PM
Ruby, Erin A - DNR
RE: call with fitzgerald

Thanks - shouldn't take long, just had a few questions .
Appreciate you pulling this together so qu ick!

From: Ruby, Erin A - DNR <Erin.Ruby@wisconsin.gov>

Sent: Wednesday, April 01, 2020 12:53 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: RE: call with fitzgerald
Of course I I will get you the call-in info ASAP.
Thanks, Dani
We are committed to service excellence.

Visit our survey at http ://dnr .wi.gov/customersurvey to evaluate how I did .

Erin Ruby
Phone: 608-266-7566
Erin.Ruby@Wisconsin.gov

From: Romportl, Dan <Dan.Romportl@legis.wiscons in.gov>
Sent: Wednesday, April 1, 2020 12:40 PM
To: Ruby, Erin A - DNR <Erin.Ruby@wisconsin.gov>
Subject: RE: call with fitzgerald

Would it be OK if I just spoke to Cheryl and Dep Sec Ambs at 3pm?
-Dan

From: Ruby, Erin A - DNR <Erin.Ruby@wisconsln.gov>

Sent: Wednesday, April 01, 2020 12:07 PM
To: Romportl, Dan <Dan.Romportl@legis .wisconsin .gov>
Subject: RE: call with fitzgerald
Hi, Dan!
I can get a call scheduled with Assistant Deputy Secretary Ambs and Cheryl Heilman (DNR Chief Legal Counsel) today
between 3:00 and 4:00 p.m. Can that timeframe work for the Senator?
I wouldn't be able to get the Senator connected with Preston until Friday. Also, I was informed this morning that Cheryl
Heilman will be having a call with Don Gallo on behalf of UWL today at 1:00 p.m. (They played phone tag yesterday.)

AM~ HICA\J

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WI-SEN-20-0888-A-000215

 Feel free to give me a call (608-279-3073) if you want to reach me by phone.
Thanks!
Erin
We are committed to service excellence.

Visit our survey at http:ljdnr.wi.gov/customersurvey

to evaluate how I did.

Erin Ruby
Phone: 608-266-7566
Erin.Ruby@Wisconsin.gov

From: Ruby, Erin A - DNR

Sent: Wednesday, April 1, 2020 7:38 AM
To: 'Romportl, Dan' <Dan.Romportl@legis.wisconsin.gov>
Subject: RE:call with fitzgerald
Good morning, Dan!
I'll see what I can do and will circle back when I know more.
Thanks I
Erin
We are committed to service excellence.

Visit our survey at http://dnr.wi.gov/customersurvey

to evaluate how I did .

Erin Ruby
Phone: 608-266-7566
Erin.Ruby@Wisconsin.gov

From: Romportl, Dan <Dan.Romportl@legis .wisconsin.gov>
Sent: Tuesday, March 31, 2020 4:55 PM
To: Ruby, Erin A- DNR <Erin.Ruby@wisconsin.gov>
Subject: call with fitzgerald

Hi Erin,
I know you're spread thin right now, but does Secretary Cole have a few minutes tomorrow to take a phone call from
Sen Fitzgerald?
We have been getting questions from United Liquid Waste regarding the amount of industrial waste they are receiving
at their location due to the recent increase in food processing.
If this is possible, or if someone else from the secretary's office has a few moments, please let me know. Scott brought
this issue up with Maggie Gau on their daily phone call today, so you might be hearing from her as well.
Thanks,

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
I

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WI-SEN-20-0888-A-000216

 13th Senate District
[608) 266-5660

135
WI-SEN-20-0888-A-000217

 

Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Wednesday, April 01, 2020 12:40 PM
Ruby, Erin A - DNR
RE: call with fitzgerald

Would it be OK if I just spoke to Cheryl and Dep Sec Ambs at 3pm?
-Dan

From: Ruby, Erin A - DNR <Erin.Ruby@wisconsin.gov>

Sent: Wednesday, April 01, 2020 12:07 PM
To: Romportl, Dan <Dan.Romport1@legis.wisconsin.gov>
Subject: RE: call with fitzgerald

Hi, Dan!
I can get a call scheduled with Assistant Deputy Secretary Ambs and Cheryl Heilman (DNR Chief Legal Counsel) today
between 3:00 and 4:00 p.m. Can that timeframe work for the Senator?
I wouldn't be able to get the Senator connected with Preston until Friday. Also, I was informed this morning that Cheryl
Heilman will be having a call with Don Gallo on behalf of UWL today at 1:00 p.m. (They played phone tag yesterday .)
Feel free to give me a call (608-279-3073) if you want to reach me by phone.
Thanks!
Erin
We are committed to serviceexcellence.
Visit our survey at http://dnr.wi.gov/customersurvey

to evaluate how I did.

Erin Ruby
Phone: 608-266-7566
Erin.Ruby@Wisconsin.gov

From: Ruby, Erin A - DNR
Sent: Wednesday, April 1, 2020 7:38 AM
To: 'Romportl, Dan' <Dan.Romportl@leg is.wisconsin .gov>
Subject: RE:call with fitzgerald

Good morning, Dan I
I'll see what I can do and will circle back when l know more.
Thanks!
Erin
We are committed to serviceexcellence.
Visit our survey at http:ljdnr.wi.gov/customersurvey
f

IVI" Mlvf

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to evaluate how I did .

136

WI-SEN-20-0888-A-000218

 Erin Ruby
Phone: 608-266-7566
Erin.Ruby@Wisconsin.gov

From: Romportl, Dan <Dan.Romportl@tegis.wisconsin.gov>

Sent: Tuesday, March 31, 2020 4:55 PM
To: Ruby, Erin A - DNR <Erin.Ruby@wisconsin .gov>
Subject: call with fitzgerald

Hi Erin,
I know you're spread thin right now, but does Secretary Cole have a few minutes tomorrow to take a phone call from
Sen Fitzgerald?
We have been getting questions from United Liquid Waste regarding the amount of industrial waste they are receiving
at their location due to the recent increase in food processing.
If this is possible, or if someone else from the secretary's office has a few moments, please let me know. Scott brought
this issue up with Maggie Gau on their daily phone call today, so you might be hearing from her as well.
Thanks,

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
13 th Senate District
(608) 266-5660

AM~ HICA\J

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137

WI-SEN-20-0888-A-000219

 Romportl, Dan
Romportl, Dan
Wednesday, April 01, 2020 10:07 AM
'Michale Maxwell'; Sen.Fitzgerald
Marty Brooks
RE:April 2, 2020 WCD Board Meeting

From:

Sent:
To:
Cc:
Subject:

Yes, Scott will be calling in.
Thanks,
Dan// Staff
From: Michale Maxwell <MMaxwell@wcd.org>
Sent: Wednesday, April 01, 2020 10:05 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>; Sen.Fitzgerald <Sen.Fitzgerald@legis.wisconsin.gov>
Cc: Marty Brooks <MBrooks@wcd.org>
Subject: RE:April 2, 2020 WCD Board Meeting

Good Morning Senator Fitzgerald,
Will you be joining tomorrow morning's meeting by phone?
Thank you.

MICHALEMAXWELL
Executive Assistantto the President and CEO
Wisconsin Center District

t: 414-908-6069 I m: 414-303-0359
e: MMaxwell@wcd.org I w: wcd.org
a: 400 W. Wisconsin Avenue, Milwaukee, WI 53203-2104

W;f(X!'.\~"'
tlNU~

•

From: Michale Maxwell
Sent: Monday, March 30, 2020 2:11 PM
To: Sen Fitzgerald Staff Assistant Dan Romportl <dan.romportl@legis.wisconsin.gov>;
<sen.fitzgerald@legis.wisconsin.gov>
Cc: Marty Brooks <MBrooks@wcd.org>
Subject: April 2, 2020 WCD Board Meeting

Senator Scott Fitzgerald

Good Afternoon Senator Fitzgerald,
The WCD Board Meeting is taking place by phone on Thursday, April 2, 2020 at 8:30am. Will you be joining the meeting?
Thank you.
/-'

I

I

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138

WI-SEN-20-0888-A-000220

 MICHALEMAXWELL
Executive Assistantto the President and CEO
Wisconsin Center District

t : 414 -908-6069 I m: 414-303 -0359
e: MMaxwell@wcd .org I w: wcd.or g
a: 400 W. Wisconsin Avenue , Milwaukee, WI 53203-2104

'it"~. fl'\ ~

f f M l Jt.

AM[ HICAN

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139

WI-SEN-20-0888-A-000221

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Wednesday, April 01, 2020 9:44 AM
'Emily McFarland'
RE:COVID Update

Thank you for the update.
-Dan// Sen Fitzgerald office
From: Emily McFarland <EMcFarland@CityofWatertown.org>
Sent: Wednesday, April 01, 2020 9:27 AM
To: Emily McFarland <EMcFarland@CityofWatertown.org>
Subject: COVID Update

Good Morning,
Please see the attached press release; if you have any questions, please let me know. This informat ion is not
being made public until 10:00AMon 4/1;you are receiving it early.Please keep this information to yourselves
unti l it is public.

Emily McFarland
Mayor, City of Watertown
Phone: (920) 262-4000

*******************************************
This email and any files transmitted with it are private and may contain privileged information intended solely
for the use of the individual(s) or entity(s) to whom they are addressed . If you have received this
communication in error, please notify the City of Watertown by emailing webmaster @cityofwatertown.org. If
you are not the named addressee you should not disseminate , distribute or copy this e-mail.
The City of Watertown accepts no liability or responsibility for any onward transmission or use of emails and
attachments having left any City of Watertown domain. The City of Watertown is subject to Wisconsin Statutes
related to public records. Unless otherwise exempted from the disclosure , senders and recipients of City of
Watertown e-mail should presume that the e-mail is subject to disclosure upon request and is further subject to
records retention standards.

****************************
***************
AM~ HICA\J

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WI-SEN-20-0888-A-000222

 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl, Dan
Wednesday, April 01, 2020 9:42 AM
Gehl, Patrick
FW: COVID Update
COVID 19 Confirmed Case Press Release 4-1-20 .pdf

From: Emily McFarland <EMcFarland@CityofWatertown.org>

Sent: Wednesday, April 01, 2020 9:27 AM
To: Emily McFarland <EMcFarland@CityofWatertown.org>
Subject: COVID Update

Good Morning,
Please see the attached press release; if you have any questions, please let me know. This information is not
being made public unti l 10:00AM on 4/1; you are receiving it early.Please keep this information to yourselves
until it is pub lic.

Emily McFarland
Mayor, City of Watertown
Phone: (920) 262-4000

*******************************************
This email and any files transmitted with it are private and may contain privileged infotmation intended solely
for the use of the individual( s) or entity( s) to whom they are addressed. If you have received this
communication in error, please notify the City of Watertown by emailing webmaster @cityofwatertown.org. If
you are not the named addressee you should not disseminate, distribute or copy this e-mail.
The City of Watertown accepts no liability or responsibility for any onward transmission or use of emails and
attachments having left any City of Watertown domain. The City of Watertown is subject to Wisconsin Statutes
related to public records. Unless otherwise exempted from the disclosure, senders and recipients of City of
Watertown e-mail should presume that the e-mail is subject to disclosure upon request and is further subject to
records retention standards.

*******************************************
AM~ HICA\J

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WI-SEN-20-0888-A-000223

 Office of the Mayor
THE

CITY

Emily McFarland

OF

WATERTOWN
Confirmed COVID-19 Case Statement by City of Watertown and Watertown Regional Medical Center

Emily McFarland - Mayor, City of Watertown
Carol Quest-

Health Officer/Director

of Public Health, City of Watertown

Richard Keddington - CEO, Watertown Regional Medical Center

The City of Watertown and Watertown Regional Medical Center wants to provide an update on the
novel coronavirus (COVID-19) situation in our community. We can confirm that a positive case of
COVID-19 has been identified in our community. The patient has been treated at Watertown
Regional Medical Center and is in isolation.
"This is what we prepared for, and the reason we've taken a proactive approach," said Mayor Emily
McFarland. "The hospital and city continue to work together and encourage you to take a common
sense approach to helping prevent the spread of this virus. Please abide by the Governor's order and
remain home except for essential needs and services."
The Watertown Health Department continues to work closely with WRMC and is following
guidance from the Centers for Disease Control and Prevention (CDC) to provide appropriate
treatment and ensure the safety of the patient, the clinical team caring for this individual; and all
those within our community.
"We train for these types of situations year-round," said Richard Keddington, CEO, Watertown
Regional Medical Center. "We want to thank the City of Watertown and the Watertown Health
Department for their cooperation and have absolute confidence in our community's combined
abilities to handle this situation. We want to reassure that it is safe to come to the hospital should
you or your family need care. We stand ready to serve."
Due to patient privacy laws, we are unable to provide additional information at this time. However,
we do want to reassure our community that it is safe to come to the hospital should you or your
family need medical care.
It takes a community effort to help prevent the spread of coronavirus, and to keep our community
healthy. We continue to encourage taking the following measures to protect yourself and others, in
accordance with CDC guidelines and the Wisconsin Department of Health Services.
•

Abide by the Governor's Order; only leave your home for essential services and needs.

•

Wash your hands often with soap and water for at least 20 seconds especially after you
have been in a public place, or after blowing your nose, coughing, or sneezing. If soap
and water are not available, use a hand sanitizer that is at least 60% alcohol. Avoid
touching your eyes, nose, and mouth with unwashed hands.

106 Jones Street•

P.O. Box 477 • Watertown, WI 53094-0477

• Phone 920.262.4000

Opportunity Runs Through It

AM[ HICAN

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WI-SEN-20-0888-A-000224

 •

Avoid close contact with people who are sick and stay home if you are sick, except to
get medical care. If you are coughing or sneezing, cover your mouth and no se with a
tissue or the inside of your elbow. Avoid large events, large gatherings of over 250
people will be cancelled .

•

Clean and disinfect frequently touched surfaces daily. This includes tables, doorknobs,
light switches, countertops, handles, desks, phones, keyboards, toilets, faucets, and sinks.

If you think you have been exposed to the coronavirus and are experiencing symptoms related to it
including respiratory illness, such as cough or difficulty breathing, please call your healthcare
provider ahead of time before you arrive on -site. This will allow your providers to properly prepare
for your visit and take the necessary precautions to keep others from being infected or exposed.
For more information, or if you have any questions, please contact the Watertown Health
Department or visit the CDC website at \V\Vw. cdc,.gQY.

106 Jones Street•

P.O . Box 477 • Watertown,

WI 53094-0477

• Phone 920.262.4000

Opportunity Runs Through It

AMERICAN

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WI-SEN-20-0888-A-000225

 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl, Dan
Wednesday, April 01, 2020 9:23 AM
Zimmerman, Alec
letter from saturday
Evers Letter.docx

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
13 th Senate District

(608) 266-5660

AM~ HICA\J

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WI-SEN-20-0888-A-000226

 Dear Governor Evers:
The past two weeks have been difficult for everyone in Wisconsin . Lives have been upended
and families worry about the impact of the coronavirus on their futures. We have consistently
said that now is not the time to demonstrate partisan differences and have been in regular
communication with you on behalf of our caucuses to offer ideas and strategies to help mitigate
the current pandemic.
We appreciate you providing us w ith a copy of the bill drafted by your office which we forwarded
to the Legislative Fiscal Bureau for analysis so we could begin our discussions this last Monday .
Over the past week , we have all had a similar goal in mind: get treatment and persona!
protective equipment (PPE) for those dealing directly with the disease and create flexibilities as
you look for ways to meet the additional needs of those affected by the coronavirus pandemic .
The legislation you put forward asked for a minimum of $750 million GPR , including giving the
Department of Health Services an unlimited sum sufficient account for the current public health
emergency or any declared in the future. As we are sure you are aware , our current general
fund balance can 't support that request , so we are very concerned about the impact on other
vital parts of state government if we are not carefu l in the use of state dollars.
It is why every day this week when we spoke , we expressed a need to not convene the
legislature until President Trump signed the CARES Act. We thought we all agreed that we
needed to know what federal dollars would be at our disposal before spend ing significant sums
from the state's genera l fund.
The CARES Act was signed into law last night and the Legislative Fiscal Bureau has confirmed
we will receive $2.2 billion, with $1 .9 billion com ing directly to the state. While we wish
circumstances were different so oversight was required , these new federal dollars do not appear
to require any legislative oversight whatsoever . They are completely at the disposal of your
administration to spend on a wide variety of items including ventilators , masks and PPE .
In our conversations this week, your staff explained you have intended to purchase these items
but have delayed making the decision . After extensive discussions with Legislative Fiscal
Bureau Director Bob Lang, we all understand that your administration has the wherewithal to
make these necessary PPE purchases . We urge you to do that immediately and not delay . All
vendors now know you have the full faith and credit of Wisconsin 's genera l fund backing you as
you negotiate these purchases with them.
Despite this fact, you are still asking us to appropriate a blank check for over $500 million to
allow you to make these purchases . Why can 't we use federal funds to allow our own resources
to be invested where federal dollars aren't planned to be utilized? As we said during our
discussions today , the state does not have this money to give you unlimited sums , and
furthermore , according to the Legislative Fiscal Bureau , it is unnecessary . Between now and
when the federal money comes , you will have the ability to transfer the necessary funds
between accounts in order to make these purchases .
Again, we implore you. Please do not wait any longer to buy ventilators and masks. Do it now.

AMf HICAN

PVERSIGHT

WI-SEN-20-0888-A-000227

 We look forward to working with you in the coming days as we negotiate the requests made by
our members and your administration to deal with the current crisis . We hope you will remain
open to discussing items that balance the needs of those in our healthcare and public health
sectors as well as those who have been severely hurt economically because of the shutdown
that you have ordered .
Sincerely ,

AMERICAN

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WI-SEN-20-0888-A-000228

 Romportl, Dan
Romportl, Dan
Tuesday, March 31, 2020 11:46 PM
Gehl, Patrick
Liedl, Kimber
RE:three constituent things

From:

Sent:
To:

Cc:
Subject:

Oh 01(, we're good then. Just wanted to make sure he got a contact. Thanks
From: Gehl, Patrick <Patrick.Gehl@legis.wisconsin.gov>
Sent: Tuesday, March 31, 2020 7:47 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Cc: Liedl, Kimber <Kimberly.Liedl@legis.wisconsin.gov>
Subject: Re: three constituent things

Can do. Did we have a date and time for the Brian Carl call? I've been emailing with him since last week and as recently
as yesterday .
Sent from my iPhone
On Mar 31, 2020, at 5:34 PM, Romportl, Dan <Dan.Romportl@legis.wisconsin.gov> wrote:
Ryan got through the voice mails on Monday- here are three constituents that I would like to make
sure get a call back. Can you guys take these? And anything you put together on guidance, please share
with the rest of the staff, as I'm sure we'll get these same questions again.
GEHL
Lee Gasper- Sun Prairie- 608-658-4322
Wants clarification on the status of landscaping businesses (essential vs non essential)
This information will be helpful for other constituents who have reached out - WEDC is supposedly
updating their policy regarding landscapers, maybe check with Justin Phillips at WEDC on where they are

at on this.
GEHL
Brian Carl - 414-254-2927
Wife is a salon owner in Waukesha - wants to know if there is any small business assistance in federal
stimulus bill
KIMBER
Jennifer Rhodes, Exec Assistant at a private choice school - 608-957-2661
Has questions about waivers for private schools - not sure what school or if she is a constituent

Thanks in advance,

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
13 th Senate District

AM~ HIGA

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WI-SEN-20-0888-A-000229

 (608) 266-5660

144
WI-SEN-20-0888-A-000230

Romportl, Dan
From:
Sent:
To:
Subject:

Romportl, Dan
Tuesday, March 31, 2020 5:35 PM
Liedl, Kimber; Gehl, Patrick
three constituent things

Ryan got through the voice mails on Monday - here are three constituents that I would like to make sure get a call back.
Can you guys take these? And anything you put together on guidance, please share with the rest of the staff, as I'm sure
we'll get these same questions again.
GEHL
Lee Gasper - Sun Prairie - 608-658-4322

Wants clarification on the status of landscaping businesses (essential vs non essential)
This information will be helpful for other constituents who have reached out - WEDC is supposedly updating their policy
regarding landscapers, maybe check with Justin Phillips at WEDC on where they are at on this.
GEHL
Brian Carl - 414-254-2927

Wife is a salon owner in Waukesha - wants to know if there is any small business assistance in federal stimulus bill
KIMBER
Jennifer Rhodes, Exec Assistant at a private choice school - 608-957-2661

Has questions about waivers for private schools - not sure what school or if she is a constituent
Thanks in advance,

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
13th Senate District
(608) 266-5660

AM~ HICAt\J

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145

WI-SEN-20-0888-A-000231

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Tuesday, March 31, 2020 5:26 PM
'Al Labelle'
RE:Centennial Coin

Hi Al,

Due to the public health emergency and the closure of the State Capitol, I think it would be best if we postpone the Coin
presentation we had planned for next Tuesday, April 7.
Please let me know that you received this, or feel free to give Tad or I a call if that's easier.
Thanks, hope you're doing well,
Dan// Office of Sen. Scott Fitzgerald
608-266-5660
From: Al Labelle <al.labelle.dav@hotmail.com>
Sent: Wednesday, February 05, 2020 12:08 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: Re: Centennial Coin

Dan,
Apologies for the delayed response. Things are hectic. After March 1st appears to be best. Thanks.
Al Labelle IWisconsin Benefits Protection Team Leader
Chair, DAV National Interim Legislation Committee
DAV WI Media Coordinator

Disabled American Veterans
1505 South Cherry Avenue IMarshfield, WI 54449-5006
Phone: (715) 486-9220 ICell: (715) 207-8870

Help protect veteran's benefits.
Please join DAV Commander's Action Network
WWW.DAVCAN.ORG - DAV CAN
Participate in the DAV Benefits Protection Team.

Benefits Protection Team

From: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Sent: Tuesday, February 4, 2020 10:56 AM
I

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WI-SEN-20-0888-A-000232

 To: Al Labelle <al.labelle.dav@hotmail.com>
Subject: RE: Centennial Coin
st
Thanks, Al. Would you prefer before Feb 17th or after March 1 ? We are flexible as well and appreciate the opportunity ...
- Dan

From: Al Labelle <al.labelle.dav@hotmail.com>
Sent: Monday, February 03, 2020 5:36 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: Re: Centennial Coin
Dan,

Thanks for the prompt response with our request for a Centennial Coin ceremony with the Senate Leader. Our
original thought was to do it in his Office or perhaps in the Senate Chamber with the idea of convenience for
all, but we are flexible. Hopefully, we can find a mutually convenient day and time.
So you aware, the DAV Mid-Winter Conference, which is held in Washington DC, will be at the end of
February. All our State Officers will be in attendance. The period of February 17 - March 1 will not be
convenient for us. look forward to working with you on finding a mutually convenient date.
Sincerely,
Al Labelle IWisconsin Benefits Protection Team leader
Chair, DAV National Interim Legislation Committee
DAV WI Media Coordinator

Disabled American Veterans
1505 South Cherry Avenue IMarshfield, WI 54449-5006
Phone: (715) 486-9220 ICell: (715) 207-8870

Help protect veteran's benefits.
Please join DAV Commander's Action Network
WWW.OAVCAN.ORG - DAV CAN
Participate in the DAV Benefits Protection Team.

Benefits Protection Team

From: Rampart!, Dan <Dan.Romportl@legis.wisconsin.gov>
Sent: Monday, February 3, 2020 11:07 AM
To: al.labelle.dav@hotmail.com <al.labelle.dav@hotmail.com>
Subject: RE: Centennial Coin
Hi Al,

AM~ HICA\J

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147

WI-SEN-20-0888-A-000233

 Thank you for reaching out on this. I'll work with date/time for you, Senator Fitzgerald, Mike, etc. to get together for a
presentation/photo.
Just a thought, what if we did the presentation at the Veteran ' s Museum?
Feel free to give me a call or drop me an email to coordinate.
And thanks again,
Dan // Fitzgerald office
608-266-5660

From: Ottman, Tad <Tad.Ottman@legis .wisconsin.gov>
Sent: Friday, January 17, 2020 9:30 AM
To: Rom portl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: FW: Centennial Coin

From: Al Labelle <al.labelle.dav@hotmail.com>

Sent: Thursday, January 16, 2020 7:44 PM
To: Ottman, Tad <Tad.Ottman@legis.wisconsin .gov>
Subject: Centennial Coin

Tad,
As always, great talking with you. The great news on the MIA bill threw me off track. Forgot to mention 2020 is
DAV's 100th anniversay. A Centennial Coin will soon be issued. We would like to have DAV State Commander
Mike Hert present or 'coin' Senate Leader Fitzgerald. at a mutually convenient time. They served in the
National Guard together. The ceremony could also be a photo op for our website, newsletter, twitter, and
Facebook page.
Consider this a formal request. Please let me know if possible . Thanks.

Al LabelleIWisconsinBenefitsProtectionTeam Leader
Chair, DAV National Interim LegislationCommittee
DAV WI Media Coordinator
Disabled American Veterans
1505 South Cherry Avenue IMarshfield, WI 54449-5006
Phone: (715) 486-9220 ICell: (715) 207-8870

Help protect veteran's benefits.
Pleasejoin DAV Commander'sAction Network

)

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WI-SEN-20-0888-A-000234

 WWW.DAVCAN.ORG-DAV CAN

Participate in the DAVBenefits Protection Team.
Benefits Protection Team

AM~ HICAt\J

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149

WI-SEN-20-0888-A-000235

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Tuesday, March 31, 2020 4:55 PM
Ruby, Erin A - DNR
call with fitzgerald

Hi Erin,
I know you're spread thin right now, but does Secretary Cole have a few minutes tomorrow to take a phone call from
Sen Fitzgerald?
We have been getting questions from United Liquid Waste regarding the amount of industrial waste they are receiving
at their location due to the recent increase in food processing.
If this is possible, or if someone else from the secretary's office has a few moments, please let me know. Scott brought
this issue up with Maggie Gau on their daily phone call today, so you might be hearing from her as well.
Thanks,

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
13th Senate District
(608) 266-5660

AM~ HICA\J

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WI-SEN-20-0888-A-000236

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Tuesday, March 31, 2020 4:36 PM
Gau, Maggie M - GOV; Pennoyer, Kara - GOV
1130am call tomorrow

Maggie/Kara,
Sen Fitzgerald will not be on the first part of the 11:30am call tomorrow - Kimber Liedl from our staff will call-in for the
agency update portion of the call.
Thanks,

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
13th Senate District

(608) 266-5660

AM[ HICAN

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151

WI-SEN-20-0888-A-000237

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Tuesday, March 31, 2020 4:32 PM
Jherrowi@gmail.com'
response from Fitzgerald office

Hi Jason,
We received your email regarding the masks that your company manufactures. First, Senator Fitzgerald and his staff
would like to express our sincere appreciation that you took the time to reach out with an offer to help.
Governor Evers' administration has repeatedly urged anyone that may have supplies to be donated or sold to the
following website:
covidl9su pp lies. wi.gov
Please let me know that you received this information, and if you need assistance navigating the website, let me know
and we'll do our best to help.
Again, thank you for your generosity during these difficult times .
Sincerely,

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
13 th Senate District
(608) 266-5660

AM~ HICA\J

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WI-SEN-20-0888-A-000238

 Romportl, Dan
From:

Sent:
To:
Subject:

Romportl, Dan
Tuesday, March 31, 2020 4:26 PM
Ottman, Tad
FW: thoughts from Dale

FYI
From: Lonergan, Sandy <Sandy.Lonergan@legis.wisconsin.gov>
Sent: Tuesday, March 31, 2020 4:25 PM
To: Romportl, Dan <Dan.Romportl@legis .wisconsin.gov>
Subject: thoughts from Dale

Hi Dan,
Dale asked me to communicate that he would please like to see these provisions added to the list for
consideration. (see full text below)
These are positive steps, but Wisconsin can and should do more to assist in this current pandemic and prepare
for future public health emergencies.
• To address the current testing shortage, Wisconsin should use the FDA waiver to authorize state labs t o
develop and implement COVID-19 tests . Thus far, only five states have taken advantage of this
flexibility.
• The legislature should consider ensuring that when a public health emergency is declared, the licensing
barriers relaxed under Executive Order #16 automatically go into place. This will ensure that future
administrations do not have to spend critical time reviewing and issuing new orders.
• Wisconsin has a mor ato rium on th e nu mber of hospital beds allowed in the state . While the number of
beds may be more than sufficient during normal periods, this moratorium should be lifted, at minimum,
during public health emergencies.
• Allow pharmacists to extend prescription refills by 30 days during public health emergencies.

Additionally, Dale asks that leadership please consider making the provisions relating to professional
licensure, reciprocity, and scope of practice that needed to be addressed by executive orders be
permanently placed in statute for whenever a public health emergency is declared. That way time will
not be wasted waiting for executive orders.
Please let me know if you have any questions or need anything else.
Thanks - Sandy
From: Wisconsin Institute for Law & Liberty <info@w ill-law.org>
Sent: Tuesday, March 31, 2020 12:30 PM
To: Kooyenga, Dale <Dale.Kooyenga@legis.wisconsin.gov>
Subject: Free Market Coalition: Continue to Cut Red Tape to Fight Pandemic
153

WI-SEN-20-0888-A-000239

 AMERICANS

mBADGER

r.

FOR

PROSPERITY
WISCONSIN

INSTITUTE

Free Markets• Opportunity-• Prosperity

~tL

WISCONSININSTITUTE
FOR LAW & L1BERTY

Continue to Cut Red Tape to Fight Pandemic
After Governor Tony Evers issued an executive order to cut red tape on medical
licensing, the Wisconsin Institute for Law & Liberty (WILL), the Badger Institute, The
Maciver Institute, and Americans for Prosperity (AFP) urge Governor Tony Evers and
the state legislature to continue to cut red tape to fight the coronavirus pandemic in
Wisconsin.
Governor Tony Evers took meaningful steps on March 27 by issuing Executive Order
#16 to ease critical licensing barriers for medical professionals. EO#16 includes the
following measures:
• Allows any health care provider with a valid and current license issued by
another state to practice under that license and within the scope of that license
in Wisconsin without first obtaining a temporary or permanent license. This,
importantly, includes practicing via telemedicine.
• Allows temporary licenses to remain valid for 30 days after the conclusion of
the public health emergency.
• Expands scope of practice for physicians' assistants and nurse practitioners.
• Expedites license renewal for retired medical professionals and those with a
recently expired license.
• Ensures nurses that are close to graduation will be able to contribute.
These are positive steps, but Wisconsin can and should do more to assist in this
current pandemic and prepare for future public health emergencies.
• To address the current testing shortage, Wisconsin should use the FDA waiver
to authorize state labs to develop and implement COVID~19tests. Thus far,
only five states have taken advantage of this flexibility.

AMERICA\J

PVERSIGHT

154

WI-SEN-20-0888-A-000240

 • The legislature should consider ensuring that when a public health emergency
is declared, the licensing barriers relaxed under Executive Order #16
automatically go into place. This will ensure that future administrations do not
have to spend critical time reviewing and issuing new orders.
• Wisconsin has a moratorium on the number of hospit al beds allow ed in the
state. While the number of beds may be more than sufficient during normal
periods, this moratorium should be lifted, at minimum, during public health
emergencies.
• Allow pharmacists to extend prescription refills by 30 days during public health
emergencies.
This coronavirus pandemic has been revealing in many ways. Notably, the rules and
regulations meant to protect citizens have been proven, in many cases,to actually
hinder the response to a public health crisis. We look forward to seeing Wisconsin
continue to cut red tape to better address the crisis and keep its citizens safe.

0
.

Wisconsin Institute for Law & Liberty

-

I 1139 East Knapp Street, Suite 725, Milwau kee, WI
53202

Unsubscribe dale.kooyenga@leqis.wi.gov
Update Prnfile

I About

Constant Contact

Sent by info@will-law.org in collaboration with

Contact"l',;p:it
Constant
Try email marketin g for free t oday !

AMERICA\J

PVERSIGHT

155

WI-SEN-20-0888-A-000241

 Romportl, Dan
From:
Sent:
To:
Subject:

Romportl, Dan
Tuesday, March 31, 2020 3:52 PM
Zimmerman, Alec; Augustyn, Jessie
RE:Statement

Looks good

From: Zimmerman, Alec <Alec.Zimmerman@legis.wisconsin.gov>
Sent: Tuesday, March 31, 2020 3:40 PM
To: Augustyn, Jessie <Jessie.Augustyn@legis.wisconsin.gov>; Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: RE:Statement

With Jessie's edits. Dan are you still with Fitz?
Alec Zimmerman
Communications Director
Senator Scott Fitzgerald
Senate Majority Leader
(o) 608.266.5660
(c) 608.317.4320
From: Zimmerman, Alec
Sent: Tuesday, March 31, 2020 3:26 PM
To: Augustyn, Jessie <Jessie.Augustyn@legis.wisconsin.gov>; Romportl, Dan <Dan.Romportl@legis .wisconsin.gov>
Subject: Statement

Thoughts on this?
Alec Zimmerman
Communications Director
Senator Scott Fitzgerald
Senate Majority Leader
(o) 608.266.5660
(c) 608.317.4320

AM~ HICAt\J

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156

WI-SEN-20-0888-A-000242

 Romportl, Dan
From:

Sent:
To:
Subject:

Romportl, Dan
Tuesday, March 31, 2020 3:11 PM
Huebsch, Ryan
RE:Voicemail List

This is great, thank you

From: Huebsch, Ryan <Ryan.Huebsch@legis.wisconsin.gov>
Sent: Monday, March 30, 2020 3:03 PM
To: Romportl, Dan <Dan.Romportl@leg is.wisconsin.gov>
Subject: Voicemail List

I organized it to have phone number>name>location (if given)>issue they called about.
I probably butchered some of the names and some didn't leave names . I tried to summarize the call into one sentence
but it didn't feel like a lot of them needed a call back. I marked the ones that I thought needed a call back if they had
questions or concerns that needed answers. Let me know if have any questions.

AM~ HICAt\J

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157

WI-SEN-20-0888-A-000243

 Romportl. Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl, Dan
Tuesday, March 31, 2020 2:44 PM
Liedl, Kimber
RE:ORR response letter, Molly Beck
Romportl Dye Email - 03.21.20.pdf; joint resolution DRAFT.pdf; 19-5920_P2 (2).pdf

3 files attached - these are all of the records responsive to Molly's request
From: Liedl, Kimber <Kimberly.Liedl@legis.wisconsin.gov>
Sent: Tuesday, March 31, 2020 2:37 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: ORR response letter, Molly Beck

Kimber Liedl
Office of Senator Scott Fitzgerald
13th Senate District

(608) 266-5660

AM~ HICAt\J

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WI-SEN-20-0888-A-000244

 Romportl, Dan
From:

Sent:
To:
Subject:

Romportl, Dan
Saturday , March 21, 2020 1:10 PM
Dye, Jenni N - GOV
RE: Drafts for review

Received, thank you
-Dan I I Fitzgerald office

From: Dye, Jenni N - GOV

Sent: Saturday, March 21, 2020 12:43 PM
To: Romportl, Dan
Cc: Gau, Maggie M - GOV; Pennoyer, Kara - GOV; Hilton, Stephanie - GOV; Madden, Zach A - GOV
Subject: Drafts for review
Per your conversation with Maggie, attached please find two drafts for review and discussion.
Thank you,

Jenni Dye
Policy Director
Office of Governor Tony Evers
Email: jenni.dye@wisconsin.gov
Phone: 608-264-6329 (office)
Like Governor Tony Evers on Facebook

I Follow

Governor Tony Evers on Twitter

1

AMf HICAN

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WI-SEN-20-0888-A-000245

 ~tat.e nf ~is.cousin
2019 - 2020 LEGISLATURE

LRB-5904/1
CMH:amn

2019 SENATE JOINT RESOLUTION

1

Relating to: extending a state of public health emergency.

Analysis by the Legislative Reference Bureau
This joint resolution extends indefinitely the state of public health emergency
declared by the governor on March 12, 2020, in Executive Order #72 in response to
COVID-19 Coronavirus until revoked by a subsequent executive order or joint
resolution. Under Executive Order #72, the Department of Health Services is given
authority as the lead agency to respond to the public health emergency; any
administrative rule is suspended if the secretary of health services determines that
compliance with it would prevent, hinder, or delay necessary actions to respond to
the emergency and increase the health threat; the adjutant general is authorized to
activate the Wisconsin National Guard as necessary and appropriate to assist in the
response to the public health emergency; all state agencies are directed to assist as
appropriate in the ongoing response to the public health emergency; a period of
abnormal economic disruption is proclaimed to exist in Wisconsin; and the
Department of Agriculture, Trade and Consumer Protection is directed to enforce
prohibitions against price gouging during an emergency.
Whereas, in January,

2
3

emergency related to COVID-19 Coronavirus in the United States; and
Whereas,

4
5

2020, the United States declared a public health

constitutional

AM~ HICAt\J

PVERSIGHT

on March

12, 2020, Governor Tony Evers, by virtue

of his

authority and his authority under sections 100.305, 321.39, 323.10,

WI-SEN-20-0888-A-000246

 2019 - 2020 Legislature

LRB-5904 /1
CMH:amn

-2-

1

323.12, and 323.13 of the statutes, issued Executive Order #72, proclaiming a state

2

of public health emergency; designating the Department of Health Services as the

3

lead agency to respond to the public health emergency; directing the Department of

4

Health Services to take all necessary and appropriate measures to prevent and

5

respond to incidents of COVID-19 in the state; suspending the provisions of any

6

administrative

7

with that rule would prevent, hinder, or delay necessary actions to respond to the

8

emergency and increase the health threat; authorizing

9

activate the Wisconsin National Guard as necessary and appropriate to assist in the

10

state's response to the public health emergency; directing all state agencies to assist

11

as appropriate

12

proclaiming that a period of abnormal economic disruption, as defined in section

13

100.305 of the statutes,

14

Agriculture, Trade and Consumer Protection to enforce prohibitions against price

15

gouging during an emergency, as authorized under section 100.305 of the statutes

16

and Chapter ATCP 106 of the Wisconsin Administrative

rule, if the secretary of health services determines that compliance

general to

in the state's ongoing response to the public health emergency;

exists in the state; and directing the Department

Whereas, section 323.10 of the statutes

17

the adjutant

of

Code; and

allows the governor to issue an

18

executive order declaring a state of emergency related to public health and designate

19

the Department of Health Services as the lead agency to respond to the emergency

20

and provides that a state of emergency declared by the governor shall not exceed 60

21

days unless the state of emergency is extended by joint resolution of the legislature;

22

now, therefore, be it

Resolved by the senate, the assembly concurring,

23
24

That the state of public

health emergency declared by the governor in Executive Order #72 is extended

AM~ HICAt\J

PVERSIGHT

WI-SEN-20-0888-A-000247

i.

 2019 - 2020 Legislature

-3-

LRB-5904 /1
CMH:amn

1

indefinitely until it is revoked by a subsequent executive order of the governor or a

2

subsequent joint resolution of the legislature.

3

AM[ HICAN

PVERSIGHT

(END)

WI-SEN-20-0888-A-000248

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Tuesday, March 31, 2020 2:43 PM
Liedl, Kimber
RE:ORR response letter, Molly Beck

The copy machine/ scanner isn't working- can we just send Molly the electronic files?
From: Lied!, Kimber <Kimberly.Liedl@legis.wisconsin.gov>
Sent: Tuesday, March 31, 2020 2:37 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: ORRresponse letter, Molly Beck

Kimber Liedl
Office of Senator Scott Fitzgerald
13 th Senate District
(608) 266-5660

AfVLH CAf\

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159

WI-SEN-20-0888-A-000249

 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl , Dan
Tuesday, March 31, 2020 2:09 PM
Ottman , Tad; Smith, Heather
FW: Gav's COVID-19 Bill: AHi Matters of Interest
Evers COVID19 Legislation.Matters of lnterest.03 31 20.docx

From: R. J. Pirlot <Pirlot@hamilton-consulting.com>
Sent: Tuesday, March 31, 2020 1:50 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>; Toftness, Jenny <Jenny.Toftness@legis.wisconsin.gov>
Cc: Rebecca Hogan <hogan@hamilton-consulting .com>
Subject: Gav's COVID-19 Bill:AHi Matters of Interest

Dan and Jenny,
Just to flag them for you, attached are AHl's "matters of interest" in the Governor's COVID19 draft .

R.J. Pirlot
The Hamilton Consulting Group, LLC
Office : 608-258-9506
Direct: 608-310-5325
Mobile : 608-445-4410

AM~ HICA\J

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WI-SEN-20-0888-A-000250

 Gov. Evers COVID19 Legislation
Matters of Interest to AHi
Commercial Insurance
•
•

•
•
•
•
•

Creates a telehealth coverage parity mandate (not limited to the COVID-19 public
health emergency or any other public health emergency).
Creates a "surprise billing" provision such that during a public health emergency,
an enrollee cannot be charged more for seeing an out-of-network provider (if an
in-network provider is not available) for services related to why the emergency
was declared; the plan would be required to reimburse the out-of-network
provider 250 percent of the Medicare rate and the out-of-network provider may
not balance bill the enrollee (applies to any public health emergency).
Creates a testing for and treatment of (including prescription drugs) COVID-19
insurance mandate, prohibiting cost sharing.
Creates a COVID-19 vaccination coverage mandate, prohibiting cost sharing.
Prohibits cancellation of coverage for nonpayment of premiums until 90 days
after premium was due (limited to the COVID-19 public health emergency).
Other than controlled substances, bans prohibitions on early refills (limited to the
COVID-19 public health emergency).
Creates non-discrimination provisions related to COVID-19 diagnosis, i.e., for
enrollment, renewal, basis for cancellation, or basis for rates.

Prescription Refills
During a public health emergency, if a pharmacist cannot contact the prescriber, the
pharmacist may - one time - extend a prescription without approval by the prescriber. A
pharmacist may not extend a prescription if the prescriber has indicated no extensions
are permitted. A prescription for a controlled substance may not be extended.
Medical Assistance Program
•

Allows OHS to suspend current copayment/premium requirements/the substance
abuse treatment needs question for childless adults under MA in order to receive
the enhanced FMAP.

AMEHICAN

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WI-SEN-20-0888-A-000251

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Tuesday, March 31, 2020 12:05 PM
'charles.morrison@mail.house.gov'
Fitzgerald office contact info

Hi Chas,
Good to talk to you, here is my info:

Dan Romportl
Chief of Staff
Senator Scott Fitzgerald
Senate Majority Leader
13th Senate District
(608) 266-5660

AM~ HICAt\J

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161

WI-SEN-20-0888-A-000252

 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl, Dan
Tuesday, March 31, 2020 11:10 AM
Liedl, Kimber
FW: Memo for discussion
Covid legislation 1.docx

From: Ottman, Tad <Tad.Ottman@legis.wisconsin.gov>
Sent: Monday, March 30, 2020 5:19 PM
To: Lang, Bob <Bob.lang@legis.wisconsin.gov>
Cc: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject:Memo for discussion

Bob,
I worked with Heather on this list and I think this is mostly where we are at on the Gav's proposal. I've indicated in the
attachment where there are items that the Assembly and Senate are slightly different or items that need more
discussion. Give me a call if you have any questions.
i

i.
I

Thanks,
Tad
Tad Ottman
Legislative Aide
Senator Scott Fitzgerald

608.266.5660

AM~ HICA\J

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WI-SEN-20-0888-A-000253

 Positions on LRB5904/1 and LRB5920/P2
This list is organized following the items as they appear in the March 24, 2020, LFBmemo to the 4
leaders.
LRB5904/1 Resolution to indefinitely extend the public health emergency.
No
LRB5920/P2

Administration
1. Public Health Emergency State Assistance--NO
2. Grants to Health Care Providers and For Establishment of Temporary Sites--NO
3. Public Health Emergency, Local Assistance--NO
4. Printing Services for Local Governments-NO
5. Employee Transfer Authority-YES
a.

With report or sunset 90 days after PHE,ASM: No change in salary or benefit after
expiration of transfer.

6. Limited-Term Employee Hours-YES
7. Sabbatical Leave for Critical Services-NO
8.

Use of Annual Leave-YES (ASM: Clawback if they leave service before they earn the leave they've
used)

9. State Employment Filings and In-Person Meetings-YES

BuildingCommission
1. General Obligation Bonding Refunding Authority-YES

Childrenand Families
1. Wisconsin Works, Child Care, And Other Economic Support Programs-NO

ElectionsCommission
1. Electronic Voter Registration During a Public Health Emergency-NO
2. Voter Identification During a Public Health Emergency-NO
3. Absentee Voting During a Public Health Emergency-NO

EmployeeTrust Funds
1. Rehired Annuitants in Critical Positions-YES
2.

Leaves of Absence and Health Insurance-YES

General Provisions

AMERICAN

PVERSIGHT

WI-SEN-20-0888-A-000254

 1. Governmental Deadlines During a Public Health Emergency-YES (ASM: late fees only}
2.

In Person Appearance Waiver-YES

3. Tenant Protections-NO

Health Services
1.

DHS Funding and Authority During Public Health Emergencies-NO

2. Aid to Local Health Departments-NO
3.

Division of Public Health Positions-NO

4. Temporary Suspension of Medical Assistance Provisions to Meet Conditions for Enhanced Federal
Matching Percentage-YES
5.

Legislative Oversight of DHS Federal Requests, MA State Plan Amendments, and MA Provider
Reimbursements During Public Health Emergencies-NO

Insurance
1.

No Cost Sharing for Covid-19 Testing and Treatment-NO

(needs discussion)

2.

Prohibit Coverage Discrimination based on Covid-19-MAYBE?

3.

Prohibit Policy Cancellation During Public Health Emergency for Premium Nonpayment-NO

4.

Telehealth Coverage Parity-NO (needs discussion)

5.

Prescription Drug Limits-NO (needs discussion}

6.

Liability Insurance for Physicians and Nurse Anesthetists-YES

7.

Out-Of-Network Charges and Payments During A Public Health Emergency-NO (needs discussion}

Military Affairs
1. Appropriation for Public Health Emergency Response-NO

Public Instruction
1.

Layoffs of School Employees Under Public Health Emergency-NO

2. Additional Waiver Authority for The Department of Public Instruction Under Public Health
Emergency-YES (if needed) (ASM: narrow the scope of waiver authority)
3.

School and School District Accountability Reports-YES

Revenue
1. Governmental Deadlines During a Public Health Emergency-YES (If needed}

Safety and ProfessionalServices(All are marked NO since they seem to be or could be covered by EO's,
but could be considered if they are not) (needs discussion)
1.

Health Care Provider Credential Renewals-NO

2. Temporary Credentials for Former Health Care Providers During the Current Public Health
Emergency-NO
3. Temporary Credentials for Health Care Providers from Other States-NO

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WI-SEN-20-0888-A-000255

 4.

Prescription Order Extensions During Public Health Emergencies-NO

Shared Revenue and Property Tax Relief

1. County and Municipal Aid-Public Health Emergency Supplement-NO
Wisconsin Economic Development Corporation
1.

Modifications to WEDC'sGPRAppropriation for Operations and Programs-NO

Workforce Development

1.

Unemployment Insurance Waiting Week Repeal-YES

2.

Employee Records During Public Health Emergency--YES

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WI-SEN-20-0888-A-000256

 Romportl, Dan

Subject:

Romportl, Dan
Tuesday, March 31, 2020 10:27 AM
Gehl, Patrick; Huebsch, Ryan; Foltz, Adam; Augustyn, Jessie;Ottman, Tad; Liedl, Kimber;
Zimmerman, Alec
FW: March 2020 Timesheets

Importance:

High

From:
Sent:
To:

Just making sure you guys saw this -you can submit time sheets by sending me an electronic copy if that's easier for you

From: Sarnow, Heidi <Heidi.Sarnow@ legis.wisconsin.gov>
Sent: Monday, March 30, 2020 1:26 PM
To: *Legislative All Senate <ALLSEN@legis.wisconsin.gov>
Subject: March 2020 Timesheets
Importance: High

Good Afternoon,
This is a reminder to certify your time reporting for March 2020, print the information and have the
paper form signed by both yourself and the Senator . Once you have this process complete , please
forward the time sheet to the Legislative Human Resources Office (LHRO) by 5;00 P.M. on Friday,
April 10th.

If you are telecommuting, please note that we will accept an electronic timesheet. If
you are unable to sign your timesheet and/or have your legis lator sign your timesheet ,
please follow the instructions below :
1) Complete your TRIO timesheet ;
2) Save and certify your timesheet;
3) Save your timesheet as a PDF file and email it to your appointing authority for
review/approval with the following statement: ''I was engaged in employment for
the Wisconsin State Legislatu re on the dates and hours indicated and I did not
engage in campaign activities during such time."
4) Have your appointing authority review and state their approval of your timesheet
in an email and forward to Heidi.Sarnow@legis.wisconsin .gov
It is important to complete this process as soon as possible so the information shown on your trio
account will show accurate leave. All leave usage information is entered directly from the time sheets
you submit. Any delay in submitting those sheets will result in inaccurate data being shown on trio .
Employees who wish to fax time sheets to the LHRO may do so. The fax number is 6-1151. Please
note that the signed should still be forwarded by inter-d mail to the LHRO.
A1v1

1 Hvr

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163

WI-SEN-20-0888-A-000257

 If your office has already sent signed hard copies of the time sheets to the Senate Chief Clerk or
LHRO, you need not do anything.
Employees having technical questions on the electronic certification and/or printing process to be
used should contact the Legislative Technology Services Bureau Technical Support at 7-9528 or via
e-mail at technical.support@legis.state.wi.us for assistance.
Thank you.

I

HEIDI SARNOW Payroll and Benefits Officer
Wisconsin Legislature
Legislative Human Resources Office
17 W. Main Street, Ste #402
Madison, WI 53703
Office: 608.316.9700
Fax: 608.266.1151

Thise-mailmessage and any attachments may contain informationthat is confidential,privileged,proprietaryor otherwise
protected by law. Thfsinformation is intended solelyfor the named addressee (or a person responsiblefor deliveringit to the
addressee). If you have received this message in error,please notify the sender immediately and delete it from your computer.
Unauthorizeddisclosure,copying,printingor distributionof this message is prohibited.

AM~ HICAt\J

PVERSIGHT

164

WI-SEN-20-0888-A-000258

 Romportl, Dan
From:
Sent:
To:
Subject:

Romport l, Dan
Tuesday, March 31, 2020 10:25 AM
Sarnow, Heidi
re: March 2020 Timesheets

Importance:

High

I was engaged in employment for the Wisconsin State Legislature on the dates and
hours indicated and I did not engage in campaign activities during such time .

;pdf
Caleni1Jlar
1

Dan Rornportl
13th Senate District

From: Sarnow, Heidi <Heidi.Sarnow@legis.wisconsin.gov>
Sent: Monday, March 30, 2020 1:26 PM
To: *Legislative All Senate <ALLSEN@legis.wisconsin.gov>
Subject: March 2020 Timesheets
Importance: High

Good Afternoon,
This is a reminder to certify your time reporting for March 2020, print the information and have the
paper form signed by both yourself and the Senator . Once you have this process complete, please
forward the time sheet to the Legislative Human Resources Office (LHRO) by 5:00 P.M. on Friday,
April 10th•

If you are telecommuting , please note that we will accept an electronic timesheet. If
you are unable to sign your timesheet and/or have your legislator sign your timesheet,
please follow the instructions below:
1) Complete your TRIO timesheet;
2) Save and certify your timesheet ;
3) Save your timesheet as a PDF file and email it to your appointing authority for
review/approval with the following statement: "I was engaged in employment for
the Wisconsin State Legislature on the dates and hours indicated and I did not
engage in campaign activities during such time."

AM~ HICA\J

PVERSIGHT

165

WI-SEN-20-0888-A-000259

 4) Have your appointing authority review and state their approval of your timesheet
in an email and forward to Heidi.Sarnow@legis.wisconsin.gov
It is important to complete this process as soon as possible so the information shown on your trio
account will show accurate leave. All leave usage information is entered directly from the time sheets
you submit. Any delay in submitting those sheets will result in inaccurate data being shown on trio.
Employees who wish to fax time sheets to the LHRO may do so. The fax number is 6-1151. Please
note that the signed should still be forwarded by inter-d mail to the LHRO.
If your office has already sent signed hard copies of the time sheets to the Senate Chief Clerk or
LHRO, you need not do anything.
Employees having technical questions on the electronic certification and/or printing process to be
used should contact the Legislative Technology Services Bureau Technical Support at 7-9528 or via
e-mail at technical.support@legis.state.wi.us for assistance.
Thank you.

HEIDI SARNOWI Payroll and Benefits Officer
Wisconsin Legislature
Legislative Human Resources Office
17 W. Main Street, Ste #402
Madison, WI 53703
Office: 608.316.9700
Fax: 608.266.1151

Thise-maif message and any attachments may contain information that is confidentiaf,privileged,proprietaryor otherwise
protected by law. Thisinformation is intended solelyfor the named addressee (or a person responsiblefor deliveringit to the
addressee). If you have received this message in error,please notify the sender immediatelyand delete it from your computer.
Unauthorizeddisclosure,copying,printingor distributionof this message is prohibited.

AM~ HICA\J

PVERSIGHT

166

WI-SEN-20-0888-A-000260

 3/31/2020

Calendar

Payroll for Dan Romportl (FITZGERALDS) HR Id: 200002491

Sunday
3/1/2020

Hours

Monday
3/2/2020

Tuesday
3/3/2020

[_: :::] [ 8:00 __l !___
8:00 _j

Hours

!

Vacation

!

Certified

Sunday
3/8/2020

Hours

Sick
Certified

Sunday
3/15/2020

Hours

Monday
3/9/2020
[
i

i

j 2:00 ___
j

3/31/2020

3/31/2020

3/31/2020

3/31/2020

Tuesday
3/10/2020

Wednesday Thursday
3/11/2020 3/12/2020

Friday
3/13/2020

Saturday
3/14/2020

Total

L 6:oo_7

!

I

32:00

!

I

8:00

Hours

! 8:oo J

i 10:00 j

i

i

3/31/2020

3/31/2020

3/31/2020

Thursday
3/19/2020

Friday
3/20/2020

3/31/2020

3/31/2020

Monday
3/16/2020

Tuesday Wednesday
3/ 17/2020 3/18/2020

l

r··-- ·1

40:00
Saturday
3/21/ 2020

3/31/2020

3/ 31/2020

3/31/2020

Sunday
3/ 22/2020

Monday
3/23/2020

Tuesday
3/24/2020

Wednesday
3/25/2020

Thursday
3/26/2020

Friday
3/ 27/2020

Saturday
3/28/2020

i

[ii□~-"]

i..,~:_Q()
_:__
j c?·=
~c
c··1

I 8 DO i

[ 8:00 __i

!

3/31/ 2020

3/ 31/ 2020

3/31/2020

3/ 31/2020

3/31/2020

Sunday
3/29/2020

Monday
3/30/2020

Tuesday
3/31/2020

Wednesday
4/1/2020

Thursday
4/2/2020

Friday
4/3/2020

L . . ....l

[_a:oo ·J

J. 8:0□ _-_i

Certified

r ·····-··-·
r·.••·--_-_·_••·-:·•
-••-••-•·•:1

3/31/2020

:).ooJ

·1 i

2:00
40:00

3/31/2020

Certified

!:lmlli

I

3/31/2020

!

Hours

Total
38:00

[a~po
J f"if:0(5""]

!

Certified

Hours

I

3/31/2020

Saturday
3/7/2020

L s:oo ___!

i, 8:oo __..J

1· _ -~ ]

Friday
3/6/2020

1"'
' · I,
7:00
[ 9;QQ
y,7 l,.,..
-.--.-.-.....-)

!

Hours

Thursday
3/5/2020

··1

r··-----·-·1 I

L__
.._ ____________
J
! 8:00_)
r
I
! i,,,,
§:Q!L
.J ------·-1

Hours

Wednesday
3/4/2020

I

•

!...,

.,.,

Total

J

40:00
40:00

Total

I

40:00
40 :00

Saturday
4/4/2020

Total

i I. ... J

16:00

3/31/ 2020

16:00

Summary from 3/1/2020

to 3/31/2020

COVIDCOVID-19
Utility 19 Paid COVID-19 Paid
Comp
Personal
Paid
Hours Vacation
Outage Sick
Sick Holiday
Sick Leave
Time
Time
Emergency
Day
Leave {Family/ Childcare)
FMLA
{Self)
166:00

2:00

0:00

Employe Signature

8:00

0:00

0:00

13/31/2020

I was engaged In employment for the WI State Senate on the dates and hours
Indicated and I did not engage in campaign activities during such time.

0:00

0:00

Supervisor Signature

0:00

0:00

13/31/2020

This is to cert ify that I did not assign campaign activity for any of the time the employee
has claimed and to the best of my know ledge, information, and belief the employee did
not engage In campaign activity during the time claimed,

Security Key: e3e823e9f01fb5573e7867f7772ec08d

p \iCale
~sf~Rf

%2f1%2f2020

WI-SEN-20-0888-A-000261

1/1

 Romportl, Dan
From:

Sent:
To:

Subject:
Attachments:

Romportl, Dan
Monday, March 30, 2020 7:33 PM
Lakin, Tim
FW: 30 Vos Fitzgerald BL
30 Vos Fitzgerald BL.pdf

-----Original Message----From: Gehl, Patrick <Patrick.Gehl@legis.wisconsin.gov>
Sent: Monday, March 30, 2020 5:33 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin .gov>; Ottman, Tad <Tad.Ottman@legis.wisconsin.gov>
Subject: FW: 30 Vos Fitzgerald BL

-----Original Message----From: Barton, Elizabeth <Elizabeth.Barton@legis.wisconsin.gov>
Sent: Monday, March 30, 2020 5:15 PM
To: Rep.Vos <Rep.Vos@legis.wisconsin.gov>; Sen.Fitzgerald <Sen.Fitzgerald@legis.wisconsin.gov>
Subject: LFB: 30 Vos Fitzgerald BL
Representative Vos and Senator Fitzgerald -Please see the attached LFB memo from Bob Lang.
Thank you,
Liz Barton

AM~ HICA\J

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167

WI-SEN-20-0888-A-000262

 Legislative Fiscal Bureau
One East Main , Suite 301 • Madison , WT 53703 • (608) 266-3847 • Fax: (608) 267-6873
Email: fiscal.bureau @legis.wisconsin.gov • Website: http://legis.wisconsin .gov/lfb

March 30, 2020

TO:

Representative Vos and Senator Fitzgerald
State Capitol

FROM:

Bob Lang, Director

SUBJECT: Unemployment Insurance Provisions in Recent Federal Legislation

This memorandum addresses prov1s1ons under the recent federal legislation regarding
unemployment insurance and whether state legislation is required to implement these provisions.
The memorandum also provides information on the state's unemployment insurance trust fund
balance and employer tax rates.

Families First Coronavirus Response Act (FFCRA)
Under the FFCRA , Wisconsin's share of Fiscal Year 2020 unemployment insurance (Ul)
emergency administrative grants is $18,914,772. The funding will be allocated in two equal
allotments of $9,457,386, if certain criteria are satisfied:

Allotment I
To receive Allotment I funding, the state must show that certain basic Ul processing,
accessibility and notification procedures are in place. According to the Department of Workforce
Development (DWD) , the Department has already adopted these procedures in some form, or they
were already in place. The state is likely to qualify for this funding and no legislative action is
required.

Allotment 11
The United States Department of Labor (USDOL) will award the remaining 50% of the state's
available emergency administrative grant if the following requirements are all satisfied:

1.

The state's initial claims for unemployment have increased by at least 10% over the
same rolling quarter in the previous calendar year. This criteria will likely be satisfied immediately
in Wisconsin given the recent rise in initial claims. Based on 51,023 initial claims filed in Wisconsin

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WI-SEN-20-0888-A-000263

 for the UI week ending on March 21, 2020, initial claims for the most recent three-month period
dating to the week ending December 28, 2019, would total 135,800. This would be 35% higher than
the approximately 100,000 initial claims reported in the state for the same three-month period in late
2018 and early 2019, therefore surpassing the 10% threshold specified under the FFCRA. Further, it
is anticipated initial claims in March and April of 2020 will continue to exceed initial claims recorded
in the corresponding weeks of 2019.
2.
The state expresses its commitment to maintain and strengthen access to the
unemployment insurance system, including through initial and continued claims. DWD has said that
it will commit to this.
3.
The state demonstrates steps it has taken or will take to ease eligibility requirements and
access to UI, including modifying or suspending:
a)

work search requirements, which was satisfied in Wisconsin by Emergency Order #7;

and
b)
the waiting week, for which legislation is likely required, although only a temporary
repeal of the waiting week requirement appears to be necessary for the purposes of securing the
second allotment of emergency administrative grant funding; and
c)
non-charging employers directly impacted by COVID-19 due to an illness in the
workplace or direction from a public health official to isolate or quarantine workers. During the
March 19, 2020 Unemployment Insurance Advisory Committee (UIAC) meeting, DWD stated
that it was waiting for guidance from USDOL as to what would be required of states to implement
this provision. USDOL guidance was provided March 22, 2020, in Program Letter No. 13-20 but
the guidance provided on this matter was not definitive. USDOL guidance states:
"When determining, in the context of COVTD-19, whether certain unemployment
benefits should be charged to employers, states should consider how to fairly distribute
the costs to employers. Additionally, states are reminded that if they opt to provide noncharging relief to reimbursable employers, then the same non-charging relief must also
be provided to contributory employers. Importantly, states must still apply the provisions
under Section 3303(f), FUTA, which prohibit non-charging due to employer fault.''

The intent of this provision in the FFCRA is to encourage states to place certain COVID-19
related charges against the state's UI balancing account, instead of the employer's UI experience
account. It is not yet clear how broadly USDOL's guidance could be interpreted when determining
who should be non-charged, and whether this could be accomplished by DWD without legislation.
To answer this question, further guidance would be required from the USDOL as well as further
consultation with DWD and legislative attorneys.
Timing of Allotment Applications Under FFCRA

USDOL states in its guidance letter that "States have the option of applying for each of the
two allotments separately, which may be particularly beneficial in the event that the state has not

Pagc2

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WI-SEN-20-0888-A-000264

 met the 10% increase in initial claims activity to meet the requirement of the second allotment, or
where the state is only able to commit to meeting requirements for Allotment I but not Allotment II.
States that meet the requirements for both allotments may submit a single application requesting
both allotments." FFCRA requires that USDOL release Allotment I funding within 60 days of
enactment of the law. Given that many states are likely to immediately trigger the 10% initial claims
increase provision included in the bill, these states will likely choose to apply for both Allotment I
and Allotment II funding at the same time, in a single application.

Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
The CARES Act, signed into law on March 27, 2020, provides for a substantial expansion of
unemployment insurance and benefits for workers impacted by the COVID-19 pandemic.

Supplemental Payments
The CARES Act provides that from the date the bill is signed through July 31, 2020, the
federal government will provide temporary pandemic m1employment compensation of $600 a week
to any worker eligible for state or federal unemployment insurance benefits. The $600 would be paid
in addition to and at the same time as regular state UI benefits. The federal supplement would not
affect income eligibility for Medicaid or the Children's Health Insurance Program. State UI
programs would be fully reimbursed for the cost of administering the supplement and for the cost of
the supplement itself. It is not likely that legislation would be needed to implement this section of
the Act.

Expanded Eligibility
The CARES Act creates a pandemic unemployment assistance program that expands
unemployment insurance coverage to certain workers who are typically not eligible for Ul benefits,
such as self-employed workers, independent contractors, freelancers, and workers who do not have
a sufficient work history to qualify for regular state UI benefits . The temporary federal expansion of
UI would be for those workers not eligible for regular or extended benefits under state or federal
law, or who have exhausted their regular state Ul benefits, so long as their unemployment was
connected to COVID-19. The total number of weeks qualified individuals may receive pandemic
unemployment assistance may not exceed 3 9 weeks and includes any weeks for which ai1individual
received regular compensation or extended benefits under any federal or state law. Pandemic
unemployment assistance is for weeks of unemployment beginning on or after January 27, 2020, and
ending on or before December 31, 2020, with qualifying individuals eligible to claim benefits
retroactively.
Claimants under the expanded program would apply for benefits through state UI offices, and
states would be fully reimbursed for the cost of benefits and administration. Qualifying individuals
would be eligible to receive a weekly amount equal to the weekly benefit amount as determined by
state law, but not less than 50% of the average weekly payment of regular UI compensation in the
state, in addition to the weekly $600 pandemic compensation payment. Notwithstanding state law,
pandemic unemployment assistance payments under the CARES Act would not be subject to a

Page3

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WI-SEN-20-0888-A-000265

 waiting period. The Act requires the USDOL Secretary to provide pandemic unemployment
assistance through agreements with States which, in the judgment of the Secretary, have an adequate
system for administering such assistance through existing state agencies. The pandemic
unemployment assistance program is modeled after, and substantially similar to, the state-federal
disaster unemployment assistance program provided in current state law (s. 108.145) and federal
code (42 U.S.C. 5177a). DWD may be able to execute an agreement to administer the pandemic
unemployment assistance program without additional state legislation although further guidance
from the USDOL would be necessary to make such a determination.
Extended Benefits

The CARES Act provides for an additional 13 weeks of unemployment benefits to UI
claimants that have exhausted regular state UI benefits. In Wisconsin, regular UI benefits can be
claimed for a maximum of 26 weeks. The Act would therefore extend UI benefits in the state to 39
weeks. The additional 13 weeks of extended benefits would be fully federally funded for those states
that enter into an agreement with the USDOL. Claimants for these extended benefits would also
qualify for the $600 supplemental weekly payment under the bill.
Full Federal Funding for States With No Waiting Week

The CARES Act provides temporary full federal funding of the first week of regular UI
benefits for states with no waiting week. Under the Act, states may enter into an agreement with
USDOL for this funding if the state law (including a waiver of state law) provides that compensation
is paid to individuals for their first week of regular unemployment without a waiting week. An
agreement entered into would apply to weeks of unemployment beginning after the date on which
the agreement is entered into and ending on or before December 31, 2020. Legislation would be
required to either repeal or temporarily waive, through December 31, 2020, Wisconsin's waiting
week requirement for the state to enter into an agreement with USDOL for full funding under this
section of the Act.
Full Federal Funding for States With A Work-Share Program

Work-share programs (also called short-term compensation) are designed to provide a prorated unemployment benefit for employees of employers who voluntarily make an agreement with
the state to reduce work hours instead oflaying off workers. For states that cunentlyhave a federally
approved work-share program, like Wisconsin, the CARES Act would provide 100% federally
fw1ded UI benefits through December 31, 2020. Under current law, Wisconsin's work-share program
is funded entirely through the employer's UI account. The Act also provides $100 million in grants
to states to implement, improve, and promote work-share programs. Since Wisconsin's work-share
program is specified in statute, any change or modification to the program could require legislative
action and would require federal approval. USDOL guidance will also be necessary to implement
this section of the Act.

Page 4

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WI-SEN-20-0888-A-000266

 Relief for Governmental Entities and Non-Profit Organizations

The CARES Act would provide federal funding to states to reimburse nonprofits, govcmmcnt
agencies, and Native American tribes for 50% of the costs they incur to pay for UI benefits through
December 31, 2020. Under the Act, the USDOL may issue clarifying guidance to allow states to
interpret their state UI laws in a manner that would provide maximum flexibility to reimbursing
employers as it relates to timely payment and assessment of penalties and interest pursuant to such
state laws. Depending on this federal guidance, state legislation may be required to implement this
section of the Act.
Employer UI Taxes and UTTrust Fund Balance

Under current state law, there are four different sets of employer contribution and solvency
tax rate schedules. These schedules provide for lower employer contributions for years in which the
state 1s UI trust fund balance is relatively high. The specific rate schedule that applies in a given year
depends upon the balance in the state's unemployment reserve fund on the prior June 30. Schedule
A is effective if the balance in the state's unemployment reserve fund is less than $300 million.
Schedule B is in effect if the balance in the fund is at least $300 million but less than $900 million.
Schedule C applies if the balance in the fund is at least $900 million, but less than $1.2 billion, and
Schedule D applies if the balance is at least $1.2 billion.
Wisconsin's UI trust fund balance on June 30, 2019, was $1.8 billion. This means that
Wisconsin's employers are in Schedule D for 2020, the lowest tax rate schedule. This has been the
third consecutive year that the lowest UI tax rate schedule has been in effect in Wisconsin. This
situation for employers compares favorably to the period immediately preceding the 2007-2009
recession when state employers were already paying taxes under the second highest tax rate schedule
(Schedule B) prior to heading into the recession.
Wisconsin's UI trust fund balance as of February 29, 2020, was $1.92 billion. This is
Wisconsin's largest trust fund balance in recent history. However, the dollar amount in a state bust
fund is not a precise measure of state solvency, because no comparison is made to the fund's potential
benefit liabilities or state payroll size. USDOL's metric for measuring the solvency of state UI trust
funds is called the Average High Cost Multiple (AHCM). Generally, the AHCM measures the trust
fund balance as a percentage of total payroll against an average of either the three highest-cost benefit
years of the last 20 years, or the last three recessions, whichever time period is longer. USDOL
recommends that state trust fund balances support at least a 1.0 AHCM. Values of 1.0 or higher are
desirable because it means that a state's reserves are sufficient to cover one year of payments at an
expected recessionary benefit payout rate. As ofJanuary l, 2020, Wisconsin's AHCM was equal to
.97, or just under the recommended 1.0 level. This situation for the state and for employers compares
favorably to the period immediately preceding the 2007-2009 recession; Wisconsin's AHCM at the
end of 2006, just prior to the recession, was 0.29 and the state's trust fund balance was $554 million.
The current economic situation is rapidly evolving and is proving unique from prior
recessionary periods with initial unemployment claims spiking to peak levels in a matter of days,
instead of weeks or months. While the state's UI trust fund is better funded now than it was prior to

Page 5

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PVERSIGHT

WI-SEN-20-0888-A-000267

 the last recession and employers continue to pay UI taxes from the most favorable schedule, the
unprecedented nature of the COVID-19 pandemic means that it is not possible to predict how quickly
the state's Ul trust fund could be drawn down to a level that would trigger a less favorable tax
schedule. Further, additional federal legislation or USDOL guidance could impact UT benefits and
:financing terms, which would also impact any attempt to estimate trust fund balances and employer
tax schedules.

BL/RH/lb

Page6

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WI-SEN-20-0888-A-000268

 Romportl, Dan
From:
Sent:
To:
Subject:

Romportl, Dan
Monday, March 30, 2020 11:30 AM
Dye, Jenni N - GOV
RE:contact info

Yes, sounds great

From: Dye, Jenni N - GOV <jenni.dye@wisconsin.gov>
Sent: Monday, March 30, 2020 9:49 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: Re: contact info

Can you talk at 3pm?
Jenni Dye
Policy Director
Office of Governor Tony Evers
Email: jenni.dye@wisconsin.gov
Phone: 608-264-6329 (office)
Like Governor Tony Evers on Facebook

I Follow Governor

Tony Evers on Twitter

From: Romportl, Dan - LEGIS<Dan.Romportl@legis .wisconsin.gov>
Sent: Sunday, March 29, 2020 3:57 PM
To: Dye, Jenni N - GOV <jenni .dye@wisconsin.gov>
Subject: RE: contact info
Thanks for the call, sorry I missed it - that sounds great, let's talk tomorrow. -Dan

From: Dye, Jenni N - GOV <jenni.dye@wisconsin.gov>
Sent: Sunday, March 29, 2020 12:42 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin .gov>
Subject: Re: contact info

Hi Dan:
Just left you a voicemail. My team is working on details today with the State Budget Office and agencies, but
should be in a position to have a more detailed discussion tomorrow or happy to talk about toplines today. I
would greatly appreciate the chance to talk so that we have as collaborative an approach as possible to getting
a response package done together.
My cell is 608-279-6762.
Best,
Jenni Dye
I

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168

WI-SEN-20-0888-A-000269

 Policy Director
Office of Governor Tony Evers
Email: jen ni.dye@wisconsin .gov
Phone: 608-264-6329 (office)
Like Governor Tony Evers on Facebook

I Follow

Governor Tony Evers on Twitter

From: Romportl, Dan - LEGIS<Dan.Romportl@legis.wiscons in.gov>
Sent: Sunday, March 29, 2020 12:24 PM
To: Dye, Jenni N - GOV <jenni.dye@wisconsin.gov>
Subject: contact info

Hi Jenni,
I wanted to pass along my cell # - if a call is helpful today to discuss the policy doc(s) that you are planning to send our
way, please let me know, happy to talk.
Thanks,

Dan Romportl I I Fitzgerald office
Cell 608-386-4867

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 Romportl, Dan
From:

Sent:
To:
Subject:
Attachments:

Romportl, Dan
Monday, March 30, 2020 11:25 AM
Ottman, Tad
FW: Emergency Rules/ Temporary Statute Changes for Funeral Directors
FSCA- Memo re COVID - 19.pdf

From:George Ermert <george@sgrwi.com>
Sent: Saturday, March 21, 2020 2:15 PM
To: Toftness, Jenny <Jenny.Toftness@legis.wisconsin.gov>; Pritzkow, Emily <Emily.Pritzkow@legis.wisconsin.gov>;
Henkel, Matt <Matt.Henkel@legis.wisconsin.gov>; Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>; Palese, Tony
<Tony.Palese@legis.wisconsin.gov>
Cc:Smith, Heather <Heather.Smith@legis.wisconsin.gov>; Groshek, Dave <Dave.Groshek@legis.wisconsin.gov>; Bender,
Mark <Mark.Bender@legis.wisconsin.gov>; Augustyn, Jessie <Jessie.Augustyn@legis.wisconsin.gov>; Erin Longmire
<erinlongmireconsulting@gmail.com>
Subject: Emergency Rules/ Temporary Statute Changes for Funeral Directors

Jenny/ Emily/ Matt/

Dan/ Tony,

Attached is a memo from the Funeral Service & Cremation Alliance detailing some of the issues they currently
facing or are expecting to face in light of the COVID-19 outbreak. This includes some recommended
emergency rule / statute changes that funeral directors believe will be needed if the death rate begins to
rapidly increase.
This information has also been shared with Gov. Evers' staff and the Funeral Directors Examining Board.
We woud be happy to discuss this in more detail via phone.
Please let me know.
Thanks,

George Ermert
Office: 608-259-1212 x6
Mobile: 414-405-0838
Schreiber GR Group

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 To:

Legislative Leadership

Fr:

Erin Longmire - Executive Director, Funeral Service & Cremation Alliance

Re:

Proposed Emergency Rule & Statute Changes in Response to COVID - 19 Pandemic

Dt:

March 20, 2019

We applaud the critical steps that the state of Wisconsin has taken to limit the spread of COVID-19 and
mitigate the impact of illness.
However, it is a sad inevitability that - as we have seen in other countries - there could be massfatalities. Funeral service providers will be on the front lines dealing with the COVID- 19 deaths in
addition to their usual daily death rate. These additional COVID-19 deaths may overload their
capabilities.
Below details some emergency rule and statutory changes that we recommend be put into place to
mitigate the spread of the disease and provide funeral professionals with the ability to do their job most
efficiently. These would only apply to those deaths that COVID-19 is listed as the underlying cause on
the death certificate.

Statutory & Rule Changes

1.

2.

Remove the requirement under Chapter 979.10 (l)(b} for mandatory viewing of a body by a
coroner or medical examiner prior to cremation if a physician has signed the death
certificate and listed COVID-19as the underlying cause of death.
Under Chapter 979.10, require the issuance of a cremation permit within 48 hours following
the death if the death certificate has been signed by a physician and listed COVID-19 as the
underlying cause of death .

3.

Remove any requirement that mandates a medical examiner or coroner sign the death
certificate if the death certificate has already been signed by a physician and listed COVID-

4.

Require electronic signatures on death certificates from physicians during the statewide
emergency with all death certificates to be signed within 48 hours after the death if the

19 as the underlying cause of death.

underlying cause of death is COVID-19.

PO Box 67, Madison, WI 53701

AMERl'---'r

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608-444-6214

fsawisconsin.org

WI-SEN-20-0888-A-000272

 FuneralServiceas an EssentialService/ CriticalInfrastructureIndustry
Death care professionals stand ready to provide meaningful assistance to our nation by caring for the
dead and their grieving families . However, in order to do their jobs, they need to be protected.

1. Personal ProtectiveEquipment (PPE)availability and access:
In order to perform essential public health tasks, death care workers must have access to PPEs(i.e.
masks, gloves). Caring for the body of an individual who has died of COVID-19 puts funeral directors and
embalmers at risk for exposure to the virus. We ask that you ensure death care workers have priority
access to PPEslike those in the healthcare field.

2. Exemption from quarantine orders:
The Department of Homeland Security's Cybersecurity and Infrastructure Security Agency named
mortuary works as ''critical infrastructure workers" under guidance issued on March 19, 2020. According
to the guidance, "If you work in a critical infrastructure industry, as defined by the Department of
Homeland Security, such as healthcare services and pharmaceutical and food supply, you have a special
responsibility to maintain your normal work schedule." Mortuary workers are included in the Healthcare
/ Public Health category .
Because of this, we want to ensure that mortuary workers are exempt from any state or local "shelter in
place" orders or mandatory business closures.

3. Priority for vaccines:
Due to the high risk of exposure to the COVID-19 virus while caring for the bodies of those who die
ofCOVID-19, we urge that death care workers be included in the top-tier of essential services to receive
a vaccine when it becomes available. In 2008 when faced with the HlNl Pandemic, CDCelevated
"Mortuary Service Providers" to the Tier II level for vaccine prioritization. There are six tiers to the
system with the most critical workers and personnel in Tiers I, II, and Ill. We ask for similar consideration
for our members with a COVID-19 vaccine as we confront this latest pandemic.

Thank you for your prompt attention to these issues. On behalf of our members in Wisconsin, we stand
ready, as always, to care for the dead and the families left behind.
Sincerely,

FSCAExecutive Director

PO Box 67, Madison, WI 53701

AMEHll.,,

I

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fsawisconsin.org

WI-SEN-20-0888-A-000273

 Romportl, Dan
From:
Sent:
To:

Subject:

Romportl, Dan
Monday , March 30, 2020 11:06 AM
Ottman, Tad
FW: JCFChief of Staffs - Couple of Urgent Requests

From: Mikalsen, Mike <Mike.Mikalsen@legis.wisconsin.gov>
Sent: Monday, March 30, 2020 10:56 AM
To: Prange, Katy <Katy.Prange@legis.wisconsin.gov>; Duerkop, Nathan <Nathan.Duerkop@legis.wisconsin.gov>;
Mugnaini, Jason <Jason.Mugnaini@legis.wisconsin.gov>; Gibbs, Adam <Adam.Gibbs@legis.wisconsin.gov>; Ponio, Jerry
<Jerry.Ponio@legis.wisconsin.gov>; Lakin, Tim <Tim.Lakin@legis.wisconsin.gov>; Romportl, Dan
<Dan.Romportl@legis.wisconsin.gov>; Rettinger, Nik <Nik.Rettinger@legis.wisconsin.gov>; Koenen, Kyle
<Kyle.Koenen@legis.wisconsin.gov>; Lonergan, Sandy <Sandy.Lonergan@legis.wisconsin.gov>; Summerfield, Craig
<Craig.Summerfield@legis.wisconsin.gov>; Zantow, Jenna <Jenna.Zantow@legis.wisconsin.gov>; Fiocchi, Tim
<Tim.Fiocchi@legis.wisconsin.gov>; Henkel, Matt <Matt.Henkel@legis.wisconsin.gov>; Soper, John
<John.Soper@legis.wisconsin.gov>; Emerson, James <James.Emerson@legis.wisconsin.gov>; Esser, Jennifer
<Jennifer. Esser@legis.wisconsin.gov>; Kelly, Scott <Scott.Kelly@legis.wisconsin.gov>
Subject: JCFChief of Staffs - Couple of Urgent Requests
Based on our experiences with the Doyle Administration during the Great Recession, there are couple of situations that
will repeat in regards to state finances within weeks:
(1) It would be helpful to have LFB prepare a paper identifying what PR and SEGbalances currently exist throughout
state government and the amounts "eligible" to be temporarily shifted (raided} to the General Fund. Whether we like it
or not this shifting to the General Fund will become necessary, but we need information to do it wisely and ration these
shifts between this fiscal year and the next fiscal year. Probably would also want to plan for some of these dollars being
available in the 2021-23 biennium as well.
(2) As with Doyle, the Evers Administration will attempt to stockpile federal discretionary dollars coming in from the
various federal COVID-19 stimulus/response packages to fully fund K-12 education aid, state government and local
government operations in the 2020-21 fiscal year and next biennium. In part, this explains why the Governor's bill this
week was seeking $700 million GPR and sum sufficient GPRauthority to fight Covid-19 in this first phase. We need a
way with LFBto constantly monitor GPR and federal fund balances in each agency to make sure the administration can't
back the legislature into a circumstance of limited options for addressing the nearly unavoidable fiscal crisis yet this
fiscal year and the new fiscal year starting July l5t.

1\'likcMikalscu
Chief' of' Staff'
Scnat01• Steve N a.~s
I 11"State Senate Disti-ict
(008) 26U-20::l5

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 Romportl, Dan
From:

Sent:
To:
Subject:

Romportl, Dan
Monday, March 30, 2020 9:07 AM
Zimmerman, Alec; Ottman, Tad
RE:Legislation

I would just tell him that Fitz will be available to the press this week to discuss it (details of that still being worked out),
and as of right now there isn't a draft, it's still being discussed between the parties (leadership, members, guv's staff,
minority leaders, etc.).
From: Zimmerman, Alec <Alec.Zimmerman@legis.wisconsin.gov>
Sent: Monday, March 30, 2020 8:38 AM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>; Ottman, Tad <Tad.Ottman@legis.wisconsin.gov>
Subject: FW: Legislation

How would you like to handle this?
Alec Zimmerman
Communications Director
Senator Scott Fitzgerald
Senate Majority Leader
(o) 608.266.5660
(c) 608.317.4320
From: Beck, Molly <MABeck@gannett.com>

Sent: Monday, March 30, 2020 7:55 AM
To: Zimmerman, Alec <Alec.Zimmerman@legis.wisconsin.gov>; Beyer, Kit <Kit.Beyer@legis.wisconsin.gov>

Cc:Marley, Patrick <patrick.marley@jrn.com>
Subject: Legislation
Hi Alec and Kit,
I hope you had some sort of a weekend and that it was nice. Thanks again for connecting me with your bosses over the
weekend.
Gov. Evers' team said this weekend they would move forward with many pieces of the first relief bill after Sen. Fitzgerald
and Speaker Vos said the bill would not be taken up. Could you share with me more details about legislation the GOP
leaders are looking at, and what the time table is? Do they support Gov. Evers making hires and policy changes included
in the bill via EO instead of legislation?
Thanks,
Molly

Molly Beck
Milwaukee Journal Sentinel
(608) 287-8412
@mollybeck

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 Romportl, Dan
From:
Sent:
To:
Subject:

Romportl, Dan
Monday, March 30, 2020 8:57 AM
Ottman, Tad
member asks

FYI- just so you have these
Members Asks:
Jacque/Wanggaard - suspension of job search requirement & one-week UI waiting period
Wanggaard - one-year suspension of days-of-school instruction mandate
Petrowski - food banks (similar to 5B490) - $6.2m
Petrowski - public defender pay- identical to bill
Fitzgerald - enforcement of bus contracts
Kooyenga:
1. Temporary suspension of minimum markup law (unfair sales tax) during a State of Emergency declared by either
the Governor of Wisconsin or the President of the United States
2. Suspend minimum markup law on medical supplies and pharmaceuticals
3. Temporarily allow the Governor to expand the scope of practice requirements for any medical professional upon
written request and authorization from a supervising medical provider during a public health emergency
declared by the Governor of Wisconsin or POTUS
4. Waive the collaboration requirement for advanced practice nurses during a public health emergency
S. Remote learning funding
a. Provide a maximum $250 voucher for remote learning hardware OR
b. Provide a maximum $500 voucher for teacher costs related to delivering curriculum or supplies to
students at their homes
6. Directschooldistrictsto pay transportation companiescontracted amounts lessthe fuel savingsrealized
duringa public health emergency
7. Grant a one-time tax deferment to July 2021 without penalty and interest for companies and businesses for
taxes owed the DOR for 2019
8. Ensure the extended filing deadline for individual filers mirrors the extended filing deadline of the IRS
9. Provide an interest free loan to local tourism businesseswith approval from WEDCfrom hotel taxes collected in
2020
10. Allow municipal governments to modify the dates by which property tax installments are due by waiving the
statutory requirement 74.12(1)(a) that only allows a municipality to make a change to its tax due dates if
enacted by August 15 of the preceding year
Jacque:

•

Co-Sponsorship of LRB5942/1, relating to: coverage of telehealth services

•

Co-Sponsorship of LRB5922/1, relating to: reciprocal credentials and granting rule-making
authority.

•

Co-Sponsorship of LRB 5929/1, relating to: Postponing the annual town meeting and the meeting of the
boards of review
Co-Sponsorship of LRB 5928/ 1, relating to: Meetings of governing bodies of political subdivisions
during a state of emergency
Co-Sponsorship of LRB 5919/1 , relating to: Suspension of the waiting period for collection of
unemployment insurance benefits.
Co-Sponsorship of LRB 5932/1, relating to: Application of prescription drug payments for health

•
•

•

coverage.

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WI-SEN-20-0888-A-000276

 •

Co-Sponsorship ofLRB 5924/1, relating to: Allowing certain rehired annuitants to elect to not become
new participants in the Wisconsin Retirement System for a defined period.

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 Romportl, Dan
From:
Sent:
To:
Subject:
Attachments:

Romportl, Dan
Sunday, March 29, 2020 5:11 PM
Ottman, Tad
RE:please review
WMC COVID-19 Relief-Recovery Agenda_FINAL.pdf

Thanks - also check out WM C's wish list - the one I thought was a good idea, and coincidentally was one that Manley
brought up when we talked with him, was easing the WorkShare requirements

From: Ottman, Tad <Tad.Ottman@legis.wisconsin.gov>
Sent: Sunday, March 29, 2020 4:50 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: RE: please review

I think DOA #7 is questionable.

I think we should consider all the DSPSstuff. He's already done it through EO mostly but if it's of dubious legality we can
allow it.
DPI #1 should be off the table. School district employees can't be the only ones in the state we protect from being laid
off.
From: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Sent: Sunday, March 29, 2020 3:46 PM
To: Ottman, Tad <Tad.Ottman@legis.wisconsin.gov>
. Subject: please review
Working off of the Governor's first bill, I split these provisions out into two categories - let me know if you have
different feelings on any them:
NOT NEEDED/ NOT DOING
LRB5904/1- SJRextending PHE declared by Evers indefinitely
DOA #1-4- DOA sum sufficient {$200m), grants to health care providers {$100m), aid to locals {$20m), printing services
Elections Commission #1-3 - election administration changes
General Provisions #3 - landlord/tenant
OHS#1-3 - unlimited sum sufficient, local health dept aids {$17m), Division of Public Health positions (64.0 FTE)

OHS#5 - suspension of legislative oversight of waiver requests
Insurance #1-7
Military Affairs #1- sum sufficient {$300m)
DOR #1- tax deadlines
DSPS#1-4
Shared Revenue #1
WEDC#l

UNDER CONSIDERATION
DOA #5-8 - employee treatment changes (no fiscal)

175

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 Building Commission #1- bond refinancing
DCF #1- economic support programs ($2Sm GPR,$100m FED)
ETF#1-2 - annuitants treatment (no fiscal)
General Provisions #1-2 - governmental deadlines (no fiscal)
DHS#4 - FMAP / 1135 waiver
DPI #1-3
DWD #1-2 - one week waiting period

AM[ HICAN

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WI-SEN-20-0888-A-000279

 Economic
Continuity
Ensure
Critical
Business
Operations
MayContinue
Oureconomy
mustbeallowedto functionduringtimesof emergency,
especial
ly
businesses
andworkersin theareasof healthcaredelivery,andthe manufacturing
anddistributionof food,medicine,
medicalequipment,
energy,andothercritical
productsthat supplythoseindustries
andtheirdistributionchains. Ourstatutes
must, at a minimum
, specifically
ensurethat anystateorfederalemergency
order
maintaintheavailabilityof employers
andworkers
to remainoperational
in the
areasreferenced
in the Department
of Homeland
Security"Guidance
onthe Essential
CriticalInfrastructure
Workforce
." WMCbelieves
all manufacturing,
its supplier
s and
distributionmustbedeemed
essential.

Business
Liquidity
Theeconomic
downturn
hasresulted
in manybusinesses,
bothlargeandsmall, in a
difficultcashflowsituationthat makesit hardorevenimpossible
to meetpayrolland
payvendors.
Thefollowingmeasures
wouldprovide
immediate
reliefto employers
,
makingit easierto keepemployees
onthepayroll.

Allow
Businesses
toTemporarily
DeferPaying
2020StateTaxes
Allowbusinesses
to defermakingpayments
onincome
andfranchise
taxes,the
economic
development
surcharge,
thesalestaximposed
onretailers,andotherrelevant
statetaxesln 2020.Thisactionwouldincrease
liquidityfor businesses
anddelay
compliance
costsassociated
withfilingtaxreturns.

DeferSales
TaxPayments
andPause
Audits
TheLegislature
shouldstatutorilydefersalestaxpayments
frombusinesses
to the
Department
of Revenue
(DOR)
untiltheemergency
orderis lifted,includingdeferral
of interestonpayments
notmadeduringthistime.Also,requiretheDOR
to pauseall
salestax audits,whichareincredibly
disruptive
to business
operations,
untilafterthe
emergency
is lifted.

Property
TaxPayment
Extension
Provide
businesses
witha 90-dayextension
ontheirnextproperty
tax payment
installment.
~ continuedon next page ~

fa

501 East Washington Avenue, Madison, WI 53703

PVERSIGHT

608.258.3400

I

www.wmc.org

I IJ WisconsinMC

:~ , WMC501

I

- @WisconsinMC

WI-SEN-20-0888-A-000280

 Business
Liquidity
(cont'd)
Agricultural
Building
TaxCredit
Theagricultural
sectoris responsible
for keeping
grocery
store
shelves
stockedin theseuncertain
times. Howev
er, thelast
fewyearshavebeena challenging
timefor manymembers
of Wisconsin
agriculture
dueto lowcommodity
pricesand
tradeuncertainty
. Enacting
AB873/SB818wouldprovideup
to $7,500perproducer
- in theformof anincome
taxcredit
thatwouldoffsetproperty
taxespaidonbuildingsusedfor
agriculturalproduction
- whichwouldallowfarmersto reinvest
in theirbusiness
, paytheiremployees
, andmakeendsmeet.
Thebill passedunanimously
in thestateassembly
andhas
bipartisan
supportin thestatesenate
. Thestatesenateshould
passandthegovernor
shouldsignthis legislationintolaw.

MakeResearch
& Development
TaxCreditRefundable
COVID
-19hasshownthat theUnitedStatesis overlyreliant
onforeignmanufacturing
for a widevarietyof medicalsupply
chains.Toensurethat research
, development
, andproduct
ion
of innovative
newproductshappenin theUnitedStates- and
Wisconsin
in particular-Wisconsin
's Research
TaxCredit
shouldbemadefully-refundable
.

Self-Insured
Medical
Expense
Assistance
Provide
financialreliefto employers
providing
self-insured
medicalbenefits
for employees
to defraythecostof medical
expenses
fromtreatmentof employees
withCOVID-19
illness.

Unemployment
Account
Experience
Rating
Prohibitunemployment
benefitwithdrawals
madeduringthe
COVID-19
emergency
declaration
fromcounting
againstan
employer
's expe
rienceratingfor unemployment
taxcalculations.

WI-SEN-20-0888-A-000281

 Regulatory
& Liability
Relief
Temporarily
WaiveAllContinuing
Education
Requirements ProtectEmployers
fromLiability
for Keeping
Their
for Regulated
Professions
Workers
& Workplaces
Safe
Continuingeducat
ionrequirements
for professions
licensed
or
otherwise
regulated
bythestatemaybeimportant
in normaltimes,
butshouldbetemporarily
waived.These
educational
requirements
areoftencostlyfor employees,
requirein-person
contact,andrequire
timeawayfromwork.TheStateshouldnotbeforcingemployees
to
incuradditional
costsandpotentially
expose
themselves
to infected
individua
ls in a timeof publichealthcrisis.

Thelegislature
shouldenactliability protection
s, includinga
temporary
exception
to theWisconsinFairEmployment
Act, which
allowbusinesses
to screentheiremployees
andothervisitors
(e.g. temperature
scan)for illnesspriorto entranc
e of the
employer
's facility.Further
, provide
liabilityprotections
foremployers
whorequ
ireemployees
to engage
in properhygiene
procedures
.

LimitLiability
forMedical
MaskManufacturers
StudyMaking
Regulations
Waived
During
the
Emergency
Permanent
Thestate's power
to regulate
is oneofthemostintrusive
powers
of
government.
Regulationoftencomes
atthecostoflimitingeconomic
prosperity
andlibertyofWiscon
sinites. If regulations
arebeingwaived
to
increase
publichealth
, safety
, andwelfare
duringa publichealthcrisis,
thentheseregulat
ionsmayhavenotbeennecessary
inthefirstplace
,
andtheLegislature
shouldreview
andrepeal
unnecessary
regulations.

Enactliabilityprotections
for manufacturers
of all typesof
respirator
masksandfaceshieldscertified bytheNationalInstitute
for Occupational
SafetyandWelfare.

WI-SEN-20-0888-A-000282

 Health
CarePriorities
Flexible
Licensing
forHealth
CareWorkers
Grantretiredhealthcareprofessionals
likenursesanddoctorsa temporary
licenseto practicein thestatein response
to
COVID-19
. Allowhealthcareworkers
licensed
in otherstatesto practicein Wisconsin
in response
to COVID
-19.

COVID-19
Testing
Asthecapacityto testincreases
, employees
workingin essential
industries
likehealthcare,manufacturing
andenergy
should
bea priorityfortestingto ensure
COVID-19
doesn'tspreadthroughout
a vitalworkforce.

BringMedical
Supplies
toWisconsin
Wisconsin
shoulddoall it canto encourage
thefederalgovernment
to release
reagents
andothersupplies
toWisconsin
hospitals
andotherfacilities.

Remove
Regulatory
Obstacles
toRamping
upProduction
ofPersonal
Protective
Equipment
Healthcareworkers
arein desperate
needof Personal
Protective
Equipment
(PPE)
, andtheneedonlygrowseachday.As
manufacturers
lookto rampupproduction,
or switchproduction
to producing
PPE
, stateandfederalgovernment
regulations
andapprovals
shouldberelaxed.

WI-SEN-20-0888-A-000283

 Romportl, Dan
From:

Sent:
To:

Subject:

Romportl, Dan
Sunday, March 29, 2020 3:58 PM
Dye, Jenni N - GOV
RE:contact info

Thanks for the call, sorry I missed it - that sounds great, let's talk tomorrow. -Dan
From: Dye, Jenni N - GOV <jenni.dye@wisconsin.gov>
Sent : Sunday, March 29, 2020 12:42 PM
To: Romportl, Dan <Dan.Romportl@legis.wisconsin.gov>
Subject: Re: contact info

Hi Dan:
Just left you a voicemail. My team is working on details today with the State Budget Office and agencies, but
should be in a position to have a more detailed discussion tomorrow or happy to talk about toplines today. I
would greatly appreciate the chance to talk so that we have as collaborative an approach as possible to getting
a response package done together.
My cell is 608-279-6762.
Best,
Jenni Dye
Policy Director
Office of Governor Tony Evers
Email: jenni.dye@wisconsin .gov
Phone : 608-264-6329 (office)
Like Governor Tony Evers on Facebook

I Follow Governor

Tony Evers on Twitter

From: Romportl, Dan - LEGIS<Dan.Romportl@leg is.wisconsin.gov>
Sent: Sunday, March 29, 2020 12:24 PM
To: Dye, Jenni N - GOV <jenni.dye@wisconsin.gov>
Subject: contact info

Hi Jenni,
I wanted to pass along my cell #- if a call is helpful today to discuss the policy doc(s) that you are planning to send our
way, please let me know, happy to talk.
Thanks,
Dan Romportl // Fitzgerald office
Cell 608-386-4867

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 Romportl, Dan
From:
Sent:
To:
Subject:

Attachments:

Romportl, Dan
Sunday, March 29, 2020 3:46 PM
Ottman, Tad
please review
24 Fitzgerald Vos Hintz Shilling BL LRB5920 P2.pdf

Working off of the Governor'sfirst bill, I split these provisionsout into two categories- let me know if you have
different feelingson any them:
NOT NEEDED/ NOT DOING
LRB5904/1- SJRextending PHE declared by Evers indefinitely
DOA #1-4 - DOA sum sufficient ($200m), grants to health care providers ($100m), aid to locals ($20m), printing services
Elections Commission #1-3 - election administration changes
General Provisions #3 - landlord/tenant
DHS #1-3 - unlimited sum sufficient, local health dept aids ($17m), Division of Public Health positions (64.0 FTE)
DHS #5 - suspension of legislative oversight of waiver requests

Insurance #1-7
Military Affairs #1- sum sufficient ($300m)
DOR #1- tax deadlines
DSPS#1-4
Shared Revenue #1
WEDC#l

UNDER CONSIDERATION
DOA #5-8 - employee treatment changes (no fiscal)
Building Commission #1- bond refinancing
DCF #1- economic support programs ($25m GPR,$100m FED)
ETF #1-2 - annuitants treatment (no fiscal)
General Provisions #1-2 - governmental deadlines (no fiscal)

DHS #4 - FMAP / 1135 waiver
DPI #1-3
DWD #1-2 - one week waiting period

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 Legislative Fiscal Bureau
One East Main , Suite 301 • Madison, WI 53703 • (608) 266-3847 • Fax; (608) 267-6873
Email: fiscal.bureau@lcgis.wisconsin.gov • Website : http://legis.wi sconsin.gov/lfb

March 24, 2020

TO:

Senators Fitzgerald and Shilling
Representatives Vos and Hintz
State Capitol
·

FROM:

Bob Lang, Director

SUBJECT: Summary of Provisions of LRB 5904/ 1 and LRB 5920/P2

LRB 5904/1 is a Senate Joint Resolution which would indefinitely extend the state of public
health emergency declared by the Governor on March 12, 2020, until it is revoked by a subsequent
executive order of the Governor or a subsequent joint resolution of the Legislature . Under current
law, such a state of emergency declared by the Governor cannot exceed 60 days unless it is extended
by joint resolution of the Legislature.
LRB 5920/P2 is a bill which addresses issues related to the state's public health emergency.
The attached document summarizes the provisions of the bill.

In total, various provisions in the bill would increase general fund appropriations by up to
$706,231,800 GPR for the 2019-21 biennium. In addition, the bill would create an unlimited GPR
sum sufficient appropriation under the Department of Health Services for funding related to the
public health emergency.
The document is organized by each affected state agency. The items contain the fiscal effect,
if any, of each provision and identify the bill sections of LRB 5920/P2.
Note that LRB 5920/P2 has not been introduced and is therefore, subject to change.

BL/bh
Attachment

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 Summary of Provisions
(LRB 5920/P2)

ADMINISTRATION

1.

PUBLIC HEALTH EMERGENCY, STATE ASSISTANCE

$200,000,000 1

LRB 5920/P2: Create a sum sufficient GPR appropriation under the Department of
Administration (DOA) for costs related to a public health emergency , with expenditures limited to
$200,000,000 per biennium (the provision is not limited to 2019-21 biennium). Authorize DOA to
spend funds for the following activities related to a public health emergency declared by the
Governor, as determined by the Secretary of DOA: (a) facilitating coordination between and among
federal, state, local, and tribal agencies , social services agencies, and public and private health care
entities; (b) awarding grants and entering into contracts; (c) suppmting emergency operations,
including investigation , education, and eradication; (d) information technology; (e) facilities
expenditures; (f) personnel costs, including salary, fringe, overtime, and additional leave benefits,
for any state agency; (g) state purchasing; (h) expenditures associated with continuity of state
government; and (i) carrying out other activitie s as the Secretary of DOA determines applicable and
appropriate. Define state agency as any office, department, agency, institution of higher education,
association, society , or other body in state government that is created or authorized to be created by
the Constitution or any law and is entitled to expend moneys appropriated by law; including any
authority, but not including the Legislature or the Courts.
Authorize DOA to submit a request to the Joint Committee on Finance under s. 13.10 of the
statutes to expend more than $200,000,000 per biennium. The request would be approved if: (a) the
Committee approves or modifies the request; (b) no member of the Committee objects to the request
within 24 hours after the request is received; or (c) a member objects within 24 hours and the
Committee does not reject , modify, or approve the request within 48 hour s after the request is
received. Specify that the Committee may vote on the request by mail ballot or by polling, and waive
the requirement that a public hearing be held for the request.
Require DOA to report to the Committee on expenditures from the public health emergency
appropriation no later than 75 days after first spending funds and no later than the end of each month
after that in which DOA spends funds from the appropriation.
[Bill Sections: 7 and 12]

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 2.

GRANTS TO HEALTH CARE PROVIDERS AND FOR
ESTABLISHMENT OF TEMPORARY SITES

GPR

$100,000,000

1

LRB 5920/P2: Create a biennial GPR appropriation under DOA and provide $50,000,000
annually for grants to health care providers to plan, prepare, or respond to an outbreak of COVTD19. Eligible providers would include: (a) a health system; (b) a health care clinic; (c) a partnership
of health care providers, corporation or limited liability company of health care providers that
provides health care services , cooperative health care association that directly provides services
through salaried employees in its own facility, hospice licensed under Chapter 50 of the statutes,
inpatient health care facility, community-based residential facility, rural medical center, or
ambulance service provider ; (d) a pharmacy licensed under Chapter 450 of the statutes; or (e) any
other health care facility or long-term care facility or setting where assisted living services or health
care services may be provided.
Grants could be used for one or more of the following purposes: (a) establishment and
operation of temporary sites to provide testing services or treatment beds or to isolate or quarantine
affected individuals; (b) temporary conversion of space for another purpose that, after a COVTD-19
outbreak, will revert to its original use; (c) staff overtime and hiring staff; (d) staff training and
orientation; (e) purchasing of consumable protective or treatment supplies and equipment to protect
or treat staff, visitors, and patients; (f) development and implementation of COVID-19 screening and
testing procedures; (g) patient outreach activities related to COVTD-19; (h) emergency transportation
of patients that exceeds usual capacity; (i) information technology and systems costs to support
telehealth activities, patient triage, and COVID-19 screening; (j) purchasing replacement parts or
filters that are necessary for the operation of medical equipment; (k) specialty cleaning supplies for
facilities and equipment; (1) expenses related to the isolation and quarantine of staff, except for the
payment of wages for the staff being isolated or quarantined; and (m) expenses that assist with
planning or preparing for or responding to an outbreak of COVID-19 but that, in the determination
of the DOA Secretary, cannot reasonably be expected to generate income for the recipient after the
outbreak ends.
Direct the Secretary of DOA to do the following relating to grants: (a) determine the number
of grants and the amount of each grant; (b) develop an application fonn and process for an eligible
provider to apply and demonstrate an urgent or emergency need for a grant; and (c) establish
conditions to which an eligible provider must agree in order to obtain a grant. Authorize the Secretary
of DOA to immediately terminate any p011ionsor all of the grant agreement , recover from the grant
recipient any moneys paid and used for an unauthorized purpose, and pursue any other remedy
available under the law if the Secretary determines that a grant recipient has used awarded moneys
for a purpose not authorized or has otherwise violated the grant agreement. Specify that the grant
application process and eligibility criteria need not be promulgated as administrative rules, are not a
guidance document, and are not subject to statutory guidance document requirements.
Specify that, if no eligible provider is reasonably capable of establishing and operating
temporary sites to provide testing services to test for COVTD-19, to provide treatment beds for
patients affected by a COVTD-19 outbreak, or to isolate or quarantine individuals affected by a
COVID-19 outbreak, then the Secretary of DOA may expend moneys from the appropriation for
grants to establish and operate such temporary sites. Authorize the Secretary to direct local units of

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; i

; !

 government and eligible providers to operate a temporary site established for any of these purposes.
Require DOA to submit a report to the Legislature and the Governor no later than 12 months
after the COVID-19 public health emergency is discontinued, including: (a) the number of grants
awarded; (b) the number of temporary sites established and operated; (c) the amount of grants issued
and amount of funds expended on temporary sites; and (d) for each grant recipient, the name of the
recipient, the grant amount, the use of funds, and the amount spent on each use of funds.
[Bill Sections: 6, 8, and 13]

3.

PUBLIC HEALTH EMERGENCY, LOCAL ASSISTANCE

$20,000,000 1

LRB 5920/P2: Provide $20,000,000 GPR in 2019-20 in a continuing appropriation under
Miscellaneous Appropriations for DOA to make payments to local units of government under a
public health emergency local assistance program. Direct DOA to establish and administer a public
health emergency local assistance program to reimburse local units of government for extraordinary
operational costs related to protecting and improving public health during the COVID-19 public
health emergency, including any extension by joint resolution of the Legislature. Eligible recipients
would include counties, cities, villages, towns, or federally-recognized American Indian tribes or
bands in the state. Require local units of government requesting reimbursement under the program
to submit a claim using an application prescribed by DOA. Specify that DOA must do the following
to implement the program: (a) establish an application period; (b) at the end of the application period,
evaluate each reimbursement claim and determine whether to approve, deny, or disallow the claim
in whole or in part; (c) for each approved claim, pay the reimbursement amount to the local unit of
government, except that the amount would be prorated for each approved claim if the total amount
of approved claims exceed the moneys in the appropriation account; and (d) establish procedures for
processing applications and evaluating reimbursement claims. Ineligible costs would include capital
acquisition costs, unless incurred directly in response to expanding medical treatment capacity for
the COVID-19 public health emergency, and any cost reimbursed by another source. Specify that, if
moneys remain in the appropriation account after the payment of reimbursement amounts approved
in the initial application period, DOA must repeat the application process, establishing as many
subsequent application periods as necessary until the funds are depleted.
[Bill Sections: 8, 16, 19, and 34]

4.

PRINTING SERVICES FOR LOCAL GOVERNMENTS

LRB 5920/P2: Authorize DOA to provide printing services to counties, towns, villages, and
cities. Create a continuing PR appropriation under DOA to suppo11the cost of providing printing
services.
[Bill Sections: 5 and 14]

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 5.

EMPLOYEE TRANSFER AUTHORITY

LRB 5920/P2: Authorize the Secretary of DOA to transfer any employee from one executive
branch agency to another executive branch agency to provide services for the receiving agency
during the public health emergency declared on March 12, 2020, including any extension by joint
resolution of the Legislature. Specify that the receiving agency must pay all salary and fringe benefit
costs of the employee during the time he or she is providing services for the receiving agency.
Fmther , specify that any transfer would remain in effect until rescinded by the Secretary of DOA.
While an employee could only be transferred during the public health emergency, the transfer could
be rescinded on a date occurring after the public health emergency has concluded.
[Bill Section: 75(11 )]

6.

LIMITED-TERM EMPLOYEE HOURS

LRB 5920/P2: Specify that the Director of the Bureau of Merit Recruitment and Selection in
DOA's Division of Personnel Management may increase or suspend the number of hours for a
limited-term appointment for the duration of a public health emergency declared by the Governor.
Under current law, a limited-term appointment is a provisional appointment for less than 1,040 hours
per year.
[Bill Section: 53(2)]

7.

SABBATICAL LEA VE FOR CRITICAL SERVICES

LRB 5920/P2: Specify that the administrator of DOA's Division of Personnel Management
may provide additional sabbatical leave to employees who provide critical services during a public
health emergency declared by the Governor. Further, specify that the sabbatical leave provided for
these employees would be in addition to any annual leave provided for under statute or the state
employee compensation plan, and would not be subject to existing statutory limitations on sabbatical
leave. The term "critical services" is not defined in the bill or under current law.
In a separate provision, the bill would require the head of each state agency and each local
health department, based on guidance provided by the Secretary of the Department of Health
Services, to determine which positions within the respective state agency or local government are
critical when the Governor declares a public health emergency, for the purposes of administering
provisions applicable to rehired annuitants.
[Bill Sections: 48 and 53(4)]

8.

USE OF ANNUAL LEAVE

LRB 5920/P2: Specify that an employee may take annual leave within the first six months
of the employee's probationary period upon initial appointment during a public health emergency

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 declared by the Governor.
[Bill Section: 53(3)]

9.

STATE EMPLOYMENT FILINGS AND IN-PERSON MEETINGS

LRB 5920/P2: Specify that a state employee does not waive his or her right to appeal an
adverse employment decision if the employee does not timely file a complaint or appeal during a
public health emergency declared by the Governor. Further, specify that the tolling period for an
employee to file such a complaint with the appointing authority would begin 14 days after the
termination of the declared public health emergency or extension. In addition , specify that an
appointing authority or his or her designee is not required to meet with a complainant in person when
conducting an investigation related to such a complaint filed by an employee during a public health
emergency declared by the Governor.
Under current law, to commence the grievance process for an adverse employment action, a
state employee must file a complaint with the employee's appointing authority challenging the
adverse employment decision against the employee no later than 14 days after the employee becomes
aware of, or should have become aware of, the decision that is the subject of the complaint. Also
under current law, an appointing authority or his or her designee who receives a timely complaint
must conduct any investigation they consider necessary, meet with the employee in person, and issue
a decision in writing no later than 14 days after the date on which the complaint is received.
[Bill Section: 53(5)]

BUILDING COMMISSION

1.

GENERAL OBLIGATION BONDING REFUNDING AUTHORITY

LRB 5920/P2: Increase the bonding authorization for refunding of any outstanding taxsupported or self-amortizing state general obligation debt by $725,000,000 , from its current level of
$6,785,000,000 to $7,510,000,000. These bonds could only be issued if the debt refinancing meets
the current law requirement that the true interest costs of the state must be reduced. The authorization
for this refunding bonding was last increased in 2017 Act 59 (the 2017-19 budget).
[Bill Section: 17]

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 CHILDREN AND FAMILIES

1.

WISCONSIN
WORKS, CHILD CARE,
ECONOMIC SUPPORT PROGRAMS

AND

OTHER

GPR

FED
Total

$25,000,000
100,000,000
$125,000,000

LRB 5920/P2: Provide $125,000,000 ($25,000,000 GPR and
$100,000,000 FED) in 2019-20 to increase funding for several programs administered by the
Department of Children and Families (DCF) to assist individuals affected by the public health
emergency declared by the Governor on March 12, 2020, under Executive Order 72, including any
extensions of the order. In addition, modify DCF programs, effective for the duration of the public
health emergency, as follows.
Expanded W2 Cash Payments. During the public health emergency, authorize DCF to provide
cash benefit payments of $653 per month under the W2 program to an individual who is facing an
immediate and discrete financial crisis due to the pandemic if: (a) the individual's place of
employment closes, the individual is furloughed or temporarily laid off, or the individual misses
work due to a lack of available child care as a result of the pandemic; (b) the individual meets the
current nonfinancial eligibility criteria, except as described below; and (c) the individual is a member
of a W2 group whose gross income, as defined under current law for the W2 program, is at or below
200 percent of the poverty line. Under current law, the income limitation for W2 eligibility is 115%
of the federal poverty line.

The following nonfinancial eligibility requirements would not apply for individuals receiving
these monthly cash payments during the public health emergency: (a) the requirement to make a
good faith effort to obtain employment and to not have refused a bona fide offer of employment
within the 180 days immediately preceding the W2 application; (b) for those that have applied in the
previous 180 days, the requirement to have previously cooperated with the efforts of W2 agencies
to obtain employment; (c) the 48-month time limit on participation in W2 (and the predecessor job
opportunities and basic skills program); (d) the limitation on other W2 group members participating
in a W2 employment position. Further, both custodial and noncustodial parents would be eligible for
a cash benefit payment.
Expanded Job Access Loans. During the public health emergency, authorize DCF to provide
job access loans ofup to $1,600 to an individual who is facing an immediate and discrete financial
crisis due to the pandemic ifall of the following apply: (a) the individual meets the W2 nonfinancial
eligibility criteria under current law, except that both custodial and noncustodial parents would be
eligible; (b) the individual is a member of a W2 group whose gross income, as defined under current
law for the W2 program , is at or below 200 percent of the poverty line (rather than 115%, as under
current law); and (c) the individual meets the additional job access eligibility criteria under current
law (the individual is not a migrant worker and needs a loan to address immediate and discrete
financial crisis in order to obtain or continue employment and the individual is not in default on any
previous job access loan). Both custodial and noncustodial parents would be eligible for these loans.
During the public health emergency, all payments on job access loans would be suspended.

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 Expanded Emergency Assistance. During the public health emergency, authorize DCF to
provide emergency assistance payments of up to $1,200 to an individual who suffers a loss of income
due to the pandemic if the individual meets the criteria established in the current rules promulgated
by DCF, except that: (a) persons between 18 and 24 years of age who are not parents or caretakers
would also be eligible; and (b) individuals who are members of W2 groups whose gross income,
as defined under current law for the W2 program, is at or below 200 percent of the poverty line
(rather than 115% of the poverty line, as provided under current law) would be eligible for
emergency assistance.
Currently the maximum emergency assistance payment amount is $500 for an energy crises
or otherwise $258 per group member for a family of two, $172 per group member for a family of
three, $129 per group member for a family of four or five, or $110 per group member for larger
families.
Specify that an individual would only be eligible to receive emergency assistance once in a
12-month period, except that an individual would be able to receive both emergency assistance under
current law and under the expanded program in the same 12-month period.
Authorize DCF to establish streamlined eligibility verification procedures. Specify that the
process need not be promulgated as an administrative rule, would not be considered to be a guidance
document, and the requirements under the statutes relating to guidance documents under227.122 of
the statutes would not apply.
Expanded Wisconsin Shares. Provide that, to the extent authorized under a state plan
amendment, waiver, or other federal approval, any individual who needs child care services due to
the pandemic may receive a subsidy under the expanded Wisconsin Shares program during the
public health emergency. No later than 60 days after the day of publication of the bill, require DCF
to submit to the U.S. Department of Health and Human Services (DHHS) any request for a state
plan amendment, waiver, or other federal approval necessary to so expand eligibility under
Wisconsin Shares. Provide that, ifDHHS approves the request or ifno federal approval is necessary,
DCF must expand eligibility for the child care subsidy program. Specify that if DHHS denies the
request, DCF may not expand program eligibility.
Short-term Financial Assistance. Create a short-term financial assistance program to provide
cash payments to eligible families for up to four months to pay for costs associated with housing,
transportation, and other essential needs during the public health emergency.
Provide that an individual would be eligible for financial assistance under the program if the
individual is financially affected by the pandemic and: (a) is a custodial or noncustodial parent; (b)
has attained the age of 18; (c) is a U.S. citizen or a qualifying alien, as defined by DCF by rule; (d)
has residence in this state; (e) has received any public benefits within the 12 months prior to the date
of application; (f) is not receiving a W2 benefit on the date that the individual applies for short-term
financial assistance.
Essential Workforce Child Care Grant Program. Create a grant program under which DCF
would make grants available to entities that employ, contract with, or have as volunteers essential
workforce members to help pay for, or reimburse eligible child care costs.

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 For these purposes, define "eligible child care costs" as those child care costs that are due to
the pandemic and that are incurred during the public health emergency. Eligible child care costs
would include the cost to establish a temporary facility to provide care and supervision for children
of essential workforce members or the cost to pay for a slot in an existing facility that provides care
and supervision of children. Define an "essential workforce member" as an employee, contractor,
or other staff person working in a vital sector, including health care, child welfare, long-term care,
residential care, pharmacy, child care, government operations, critical infrastructure (such as
sanitation, transportation, utilities, telecommunications, grocery and food services, supply chain
operations, and other sectors, as determined by DCF.
Require DCF to prioritize grants that assist health care workers and first responders and
authorize DCF to award grants that assist other essential workforce members at its discretion. For
this purpose, define "first responder" as an employee of or volunteer for an agency that provides
:firefighting, law enforcement, medical, or other emergency services.

Child Care Hazard Pay Grant Program. Create a grant program under which DCF would
make monthly grants available to certified child care providers, licensed or provisionally licensed
child care centers, and child care providers contracted by or established by a school board to pay for
providing hazard pay to employees who work during the public health emergency. All providers
would be eligible for the grant program, regardless of whether they provide child care services to
individuals who are eligible for subsidies under Wisconsin Shares.
Grant Program Criteria and Guidelines. Authorize DCF to establish eligibility criteria and
guidelines for administering the short-term financial assistance, essential workforce child care, and
child care hazard pay grant programs. The eligibility criteria and guidelines would not be guidance
documents and would not need to be promulgated as administrative rules.
Reallocation of TANF Funds among Programs. Under current law, DCF is prohibited from
reallocating funds between TANF-funded programs unless DCF first notifies the Joint Committee
on Finance in writing of the proposed reallocation and the Co-Chairs of the Committee do not notify
DCF within 14 working days after the date of the DCF notification that the Committee has scheduled
a meeting to review the proposed reallocation. However, if within 14 working days after the DCF
notification, the Co-Chairs notify DCF that the Committee has scheduled a meeting to review the
proposed reallocation, then DCF may make the proposed reallocation only upon approval by the
Committee.
The bill would specify that the reallocation procedure apply for the programs described above,
but modified as follows. Without the approval of the Committee, DCF would be empowered to
reallocate funding between the programs in the bill and to reallocate funding from another
preexisting TANF program to one of these programs. DCF would not be able to reallocate funding
from one of the programs described in the bill to another TANF program.

General Definitions. Define several words and terms used in these provisions, as follows.
including (a) pandemic" as the pandemic resulting from the novel strain of coronavirus: (b) "public
health emergency" as the public health emergency declared on March 12, 2020, by Executive Order
72 and any fu1ther extensions; (c) 11poverty line" as the official poverty line defined by the Office of
Management and Budget based on the most recent data available from the Bureau of the Census.

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 Funding. Create a new appropriation and provide $25,000 ,000 GPR in 2019-20 for child care
grants under the essential workforce child care grant program and the child care hazard pay grant
program. Further , provide $20,000,000 FED TANF in 2019-20 for the costs of administering the
expanded Wisconsin Works program, the expanded job access loans program , the expanded
emergency assistance program, the expanded Wisconsin Shares program , the short-term financial
assistance program, and the essential workforce child care grant program. Provide an additional
$80,000,000 FED TANF in 2019-20 for the costs of providing aid to individuals and organizations
under these programs. Provide that any TANF funding unspent in 2019-20 would carryover to 202021 to be spent for the same purpose.
Effective Date. Unless othe1wise noted above, these provisions would take effect on the day
of publication .
[Bill Sections: 10, 75(12), and 76(3)]

ELECTIONS COMMISSION

1.

ELECTRONIC VOTER REGISTRATION DURING A PUBLIC
HEALTH EMERGENCY

IGPR

$1,000,000

~--------'

I

LRB 5920/P2: Provide $1,000,000 in 2019-20 to the Commission's appropriation for
general program operations for the purpose of updating the voter registration system to support the
extended deadline for electronic voter registration. Specify that, during a public health emergenc y
declared by the Governor or extended by joint resolution of the Legislature, the deadline for
electronic registration would be 5:00 p.m . on the fifth day preceding the election, rather than the
current law deadline of 11 :59 pm on the third Wednesday preceding the election. Further, specify
that all parts of the registration may be completed electronically.

On March 20, 2020, the U.S. District Court for the Western District of Wisconsin issued an
order extending the online registration deadline to March 30 for the April 7 spring election only.
The bill would extend the online registration deadline for the spring election to April 2, 2020 , and
would additionally extend the deadline to the fifth day preceding the election for any other election
held during a public health emergency.
[Bill Sections: 2, 3, and 76(1)]

2.

VOTER IDENTIFICATION DURING A PUBLIC HEALTH EMERGENCY

LRB 5920/P2: Specify that proof of identification is not required to vote in an election held
during a public health emergency declared by the Governor or extended by joint resolution of the

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 Legislature.
[Bill Section: 1]

3.

ABSENTEE VOTING DURING A PUBLIC HEALTH EMERGENCY

LRB 5920/P2: Require that all voting during a public health emergency declared by the
Governor or extended by joint resolution of the Legislature be conducted by mail using absentee
balJots. Specify that absentee ballots must be postmarked no later than the day of the election and
a witness signature is not required for any such ballot.

[Bill Section: 4]

EMPLOYEE TRUST FUNDS

1.

REHIRED ANNUITANTS IN CRITICAL POSITIONS

LRB 5920/P2: Specify that a Wisconsin Retirement System (WRS) participant who is hired
by a participating employer during a public health emergency declared by the Governor may elect
to not suspend his or her annuity for the duration of the public health emergency if: (a) at the time of
terminating employment, the participant does not have an agreement with any participating employer
to return to employment or enter into a contract to provide employee services; and (b) the position
for which the annuitant is hired is a critical position. Further, specify that the current break-in-service
requirement of 75 days would not apply to a participant who is hired for a critical position during
the public health emergency if at least 15 days have elapsed between the termination of employment
and becoming a participating employee. Require the head of each state agency and each local health
department, based on guidance provided by the Secretary of the Department of Health Services, to
determine which positions within the respective state agency or local government are critical when
the Governor declares a public health emergency, for the purposes of administering the provisions
applicable to rehired annuitants.

Under current law, any WRS participant who retires on or after July 2, 2013, must suspend
their annuity and become a participating WRS employee if they are employed in covered
employment, or enter into a contract with a WRS employer, and are expected to work at least twothirds of what is considered full-time employment by the Department of Employee Trust Funds.
Also under current law, any WRS participant who retires on or after July 2, 2013, has a break-inservice requirement of 75 days between termination of employment and becoming a participating
employee with a WRS employer. This separation from WRS employment must occur for an
individual who applied for an annuity or lump sum payment to continue to qualify for an annuity or
to retain the lump sum payment.

[Bill Sections: 20 thru 28 and 48]

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 2.

LEAVES OF ABSENCE AND HEAL TH INSURANCE

LRB 5920/P2: Specify that, for the purposes of group health insurance coverage offered by
the Group Insurance Board, an employee who returns from a leave of absence and who has not
resumed active duty for at least 30 consecutive calendar days on the date that the Governor declares
a public health emergency is deemed to have ended or interrupted the leave of absence on that date.
The public health emergency related to COVID-19 was declared by the Governor on March 12,
2020.
Under current law, a leave of absence is not deemed ended or interrupted until the employee
has resumed active performance of duty for 30 consecutive calendar days for at least 50 percent of
what is considered the employee's normal work time with the employer. Also under current law, a
state employer must continue to pay required employer contributions towards the health insurance
premiums of an insured employee while the insured employee is on a leave of absence for the first
three months of the leave of absence, or for the entire leave of absence if the insured employee is
receiving temporary disability compensation. Under the bill, a state employee who returns from a
leave of absence , and who was eligible to receive an employer contribution towards health insurance
premiums prior to commencing the leave of absence, would be immediately eligible for the employer
contribution towards the cost of health insurance premiums.
[Bill Section: 53(1 )]

GENERAL PROVISIONS

1.

GOVERNMENTAL DEADLINES DURING A PUBLIC HEAL TH EMERGENCY

LRB 5920/P2: Specify that , notwithstanding any requirement to the contrary, each
deadline any state agency, local governmental unit, or individual is required by state law to satisfy
during an emergency period, including any tax filing deadline, is delayed until the last day of that
deadline's lead period. State agency would not include the Courts or the Legislature. Define
"emergency period" as the period covered by a public health emergency declared by the Governor,
including any extension by joint resolution of the Legislature , plus 30 days. Under the bill , "lead
period" would be defined as the period that begins on the first day after the emergency period and
is equal to the period beginning on the first day of the emergency period, and ending on the date
on which a deadline would otherwise have fallen. Specify that the provision does not apply to any
deadline in a court proceeding or to any deadline imposed by a court, nor does it apply to any
statute of limitations for commencing an action in any court. [Note that the bill does not
specifically address the treatment of deadlines that occur between the date on which a public health
emergency was declared and the date of enactment of the bill.]
[Bill Section: 52]

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 2.

IN PERSON APPEARANCE WAIVER

LRB 5920/P2: Specify that the head or governing body of a state entity may waive a
requirement imposed , administered, or enforced by the state entity that an individual appear in
person during a public health emergency declared by the Governor if the head or governing body
finds that the waiver assists in the state's response to the public health emergency or that enforcing
the requirement may increase the public health risk. Define "state entity" to mean any state agency,
institution of higher education , association, society, or other body in state government , created or
authorized to be created by the Constitution or any law that is entitled to expend moneys
appropriated by law, including the Legislature, the Courts, and any authority.

[Bill Section: 49]

3.

TENANT PROTECTIONS

LRB 5920/P2: Provide that during any period of a public health emergency declared by the
Governor (including any extension and during the 45 days following that period) a landlord may
not: (a) issue a tenant in default of rent payment a notice to pay or vacate within at least five days;
(b) issue a notice to vacate within at least 14 days; or (c) charge a late fee for late payment of rent.
If a notice to pay or vacate was given prior to a declared public health emergency, the days during
the public health emergency (including any extension and the 45 days following) are not counted
in the five- or 14-day notice.

Create an exception for removal of a tenant on termination of tenancy to exclude tenants
whose tenancy has terminated because of a failure to pay rent prior to a period covered by a public
health emergency declared by the Governor, if the tenant has not yet been removed from the
premises and a civil action of eviction has not yet been commenced. In this situation, a landlord
may not commence a civil action of eviction based on a tenant's failure to pay rent during the
period covered by a public health emergency declared by the Governor (including any extension
and during the 45 days following that period). In addition , a landlord may not remove the tenant
and recover damages for holding over after the expiration of a lease if a tenant's tenancy has
terminated, but would not otherwise have expired , because of a failure to pay rent prior to a period
covered by a public health emergency declared by the Governor, if the tenant has not yet been
removed from the premises, and a civil action of eviction has not yet been commenced.
Under current law, if a tenant remains in possession without consent of the landlord after
termination of the tenant's tenancy, the landlord may proceed in any manner permitted by law
(including bringing an eviction action against a tenant whose tenancy has been terminated for
failure to pay rent) to remove the tenant and recover damages for such holding over.
Provide that, under the above circumstances, no court may enter an order for judgement or
order of eviction, and no court or sheriff may enter or execute or writ of restitution during a public
health emergency declared by the Governor (including any extension and during the 45 days
following that period).
[Bill Sections: 68 thrn 74]

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 HEALTH SERVICES

1.

DHS FUNDING AND AUTHORITY
HEALTH EMERGENCIES

DURING

PUBLIC jGPR
~----~

Unlimited

I

LRB 5920/P2: Create a GPR-funded sum sufficient appropriation in the Division of Public
Health to fund the statutory public health emergency fund. (The sum sufficient appropriation would
not be limited to the 2019-21 biennium.) Authorize DHS to use the public health emergency moneys
during a declared public health emergency (PHE) for any of the following purposes:
•
to facilitate coordination between and among federal, state, local, and tribal agencies,
social services , and public and private health care entities that the state health officer determines may
be affected by a PHE;
•
to make grants, provide for awards, enter into contracts, and conduct supportive
investigations pertaining to a PHE or potential PHE;
•
to facilitate advanced research , purchase products, and develop security measures or
pandemic or epidemic products that are applicable to the PHE or potential PHE;
•
to strengthen biosurveillance capabilities and laboratory capacity to identify, collect,
and analyze information regarding the PHE or potential PHE;
•

to support emergency operations related to the PHE or potential PHE;

to cany out other activities as the state health officer determines applicable and
appropriate; and
•

create a full-time equivalent (FTE) position or portion of a position during a declared

PHE.
During a declared PHE, authorize DHS to create an FTE position or portion of a position
funded from the sum sufficient appropriation. After the declared PHE has ended , permit OHS to
abolish any FTE position or portion of a position funded from the appropriation.

Expenditure Report. Require DHS, within 12 months after the termination of a PHE, to
submit to the Legislature and to the Governor a report on any moneys expended from the sum
sufficient appropriation.
Under current law, if aPHE is declared and DHS is designated as the lead agency to respond
to the PHE, DHS must, within 90 days after the termination of the PHE, submit to the Governor
and Legislature a report on: (a) the emergency powers used by the public health authority and its
agents in acting under the PHE; and (b) the expenses incurred by the public health authority and
is agents in acting under the PHE. The bill would create an exception to the 90-day reporting
requirement, as it relates to expenditures from the GPR sum-sufficient appropriation.

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 Modifications to Current DHS Authority during PHEs. Modify the Department's current
authority during PHEs by authorizing DHS to possess all powers necessary to respond to a PHE,
including: (a) the new authority specified in the bill: (b) the powers to expend public health
emergency funds; and (c) to investigate the cause and extent of any declared PHE and issue orders
necessary to protect public health.
In addition , modify the statutory definition of "public health emergency" to mean the
occurrence or imminent threat of an illness or health condition that meets any of the following
criteria: (a) is caused or suspected to be caused by a biological agent, toxin , bioterrorism , or other
threat to health; or (b) poses a high probability of either: (1) a large number of deaths or serious
or long-term disabilities among humans or (2) a significant risk of substantial future harm to a
large number of people.
Under current law, a "public health emergency" is defined as the occurrence or imminent
threat of an illness or health condition that meets all of the following criteria: (a) is believed to be
caused by bioterrorism or a novel or previously controlled or eradicated biological agent; and (b)
poses a high probability of either a large number of deaths or serious or long-term disabilities
among humans , or a high probability of widespread exposure to a biological , chemical , or
radiological agent that creates a significant risk of substantial future harm to a large number of
people.
[Bill Sections: 9, 46, 47, and 50]

2.

AID TO LOCAL HEALTH DEPARTMENTS

jaPR

$17,441,000

1

LRB 5920/P2: Provide $17,441,000 in 2019-20 in the Division of Public Health 's general
aids and local assistance appropriation to increase aid to local health departments. Authorize DHS
to transfer moneys to, and expend this funding in, fiscal year 2020-21. Under 2019 Wisconsin Act
9 (the 2019-21 biennial budget act), $543 ,600 GPR is budgeted in this annual appropriation that
supports public health services and several grants for community programs.
[Bill Section: 75(2)]

3.

Funding

DIVISION OF PUBLIC HEALTH POSITIONS
GPR

Positions

$10,350,000

64.0

LRB 5920/P2: Provide $2,070 ,000 in 2019-20 and $8,280 ,000
in 2020-21 to fund 64.0 positions, beginning in 2019-20, for the Division of Public Health.

In addition, provide that, during a state-declared public health emergency , or during a public
health emergency declared by the Secretary of the U.S. Department of Health and Human Services,
the DHS Secretary may request that the administrator of the Department of Administration's
Division of Personnel Management waive any provisions of the state's civil service provisions, as
necessary to expedite the recruitment and hiring by DHS of individuals for the 64.0 positions that
would be created in the bill.
[Bill Sections: 75(1) and 76(2)]

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 4.

TEMPORARY SUSPENSION OF MEDICAL ASSISTANCE PROVISIONS TO
MEET CONDITIONS FOR ENHANCED FEDERAL MATCHING PERCENTAGE

LRB 5920/P2: Authorize the DHS to suspend compliance with any medical assistance (MA)
program provisions as necessary to qualify for enhanced federal medical assistance percentage
(FMAP) available during an emergency period declared in response to the novel coronaviru s
pandemic. Specify that such suspension applies to statutory requirements related to
implementation of a federal waiver that establishes eligibility and program requirements for
childless adults enrolled in MA, as well as any other provisions of MA that are in conflict with
criteria for the enhanced FMAP. Authorize DHS to submit any request for a waiver of federal law
or amendment to or suspension of a waiver, any state Medicaid plan amendment, or other federal
approval necessary to obtain enhanced FMAP without complying with statutory provisions related
to cmTent law requirements and procedures applicable to waivers, plan amendments, or other
federal approvals.

Temporary Increase to FMAP. The federal Family First Coronaviru s Response Act (P.L.
116-127), which was signed into law on March 18, 2020, increases the federal Medicaid matching
percentage by 6.2 percentage points, applicable during any calendar quarter during which a public
health emergency related to COVTD-19 is in effect. The U.S. Department of Health and Human
Services (DHHS) Secretary declared a public health emergency , retroactive to January 27, 2020.
Consequently, the enhanced FMAP applies, at a minimum, during the first quarter of2020 (January
to March of 2020), and will continue until the end of the calendar quarter during which the public
health emergency declaration order expires. The FMAP is used to determine the share of total
benefit costs incurred by state Medicaid programs that is paid with federal Medicaid funds.
Currently , the state's FMAP is 59.36% , meaning the state pays 40.64% of eligible MA benefit
costs. As a result of P.L. 116-117, the state's FMAP would increase to 65.56%, decreasing the
state's share to 34.44%, provided the state meets the federal criteria. At current MA spending
levels , this increase to the state's FMAP would shift approximately $150 million of state GPR costs
to federal funds for each quat1er that the federal public health emergency is in effect.
State Eligibility for Enhanced FMAP. In order to qualify for the higher FMAP, P.L. 116-1 I 7
requires states to meet certain requirements related to enrollment eligibility standards and
processes, applicable during the federal public health emergency. These provisions apply to
beneficiaries whose coverage is either provided through the state Medicaid plan (standard
eligibility and benefits) or through federal waivers.
First, a qualifying state may not adopt more restrictive eligibility standards, methodologies ,
or procedures for their Medicaid programs than were in effect on January 1, 2020. Second, the
state may not charge a higher premiwn for any eligibility groups than was in effect on January l,
2020. Third, the state must ensure that any person who was enrolled as of the date of enactment of
the federal act or who enrolls during the public health emergency shall be considered eligible for
benefits through the end of the month in which the public health emergency period ends, unless
the person requests a voluntary termination of eligibility or the person ceases to be a resident of
the state . Fourth , the state must provide coverage of COVID-19 testing and treatment for Medicaid
beneficiaries without cost sharing.

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 Under current state law, DHS is required to implement provisions of a federal waiver related
to coverage and eligibility requirements for childless adults enrolled in MA. Some provisions of
the waiver were implemented on February 1, 2020. These provisions include monthly premiums,
an $8 copayment for nonemergency use of a hospital emergency department, and a mandatory
treatment needs questionnaire. The Department has been working with the federal Centers for
Medicare and Medicaid Services to finalize implementation of another waiver provision, relating
to a 48-month enrollment limit, applicable during any month that the enrollee does not satisfy
community engagement criteria or qualify for an exemption. Since several of the waiver provisions
conflict with the criteria for receiving the temporary increase to the state's FMAP, the state would
not be eligible unless these provisions are suspended. This item would allow DHS to suspend
implementation of those provisions during the period that the enhanced FMAP applies and request
any necessary federal approval for such a suspension.
[Bill Section: 75(1O)]

5.

. LEGISLATIVE OVERSIGHT OF DHS FEDERAL REQUESTS, MA STATE PLAN
AMENDMENTS, AND MA PROVIDER REIMBURSEMENTS DURING PUBLIC
HEALTH EMERGENCIES

LRB 5920/P2: Exempt OHS from compliance with 2017 Wisconsin Act 370 provisions that
provide legislative oversight of certain requests to federal agencies, including federal waivers, state
plan amendments under the medical assistance (MA) program, and changes to MA reimbursement
rates. Specify that DHS is only exempt from complying with these requirements during a public
health emergency declared by the Governor or by the Secretary of the U.S. Department of Health
and Human Services (OHHS).

Generally, the Act 370 provisions: (a) prohibit OHS from submitting a request to a federal
agency for a waiver or a renewal, modification, withdrawal, suspension, or termination of a waiver
of federal law or rules or for authorization to implement a pilot program or demonstration project,
unless legislation has been enacted specifically directing the submission of the request for a waiver,
renewal, modification, withdrawal, suspension, te1mination or authorization: (b) establish new
procedures that provide legislative oversight relating to requests for waivers or renewals,
modifications, withdrawal, suspension, or termination of federal waivers or for authorization to
implement a pilot project or demonstration, as required in legislation enacted on or after January
1, 2011; and (c) prohibit OHS from submitting an MA state plan amendment to DHHS or
implementing a change to the reimbursement rate for, or make a supplemental payment to a
provider under the MA program when the amendment, rate change, or payment has an expected
fiscal effect of $7,500,000 or more from all revenue sources over a 12-month period following
implementation (unless the provider reimbursement change was specifically authorized in enacted
legislation).
[Bill Sections: 18 and 31]

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 INSURANCE

1.

NO COST SHARING FOR COVID-19 TESTING AND TREATMENT

LRB 5920/P2: Require any health insurance policy, state employee health plan, or selfinsured health plan offered by a local government or school district that generally covers testing
and treatment for infectious diseases to provide coverage of testing and treatment for COVID-19 ,
including prescription drugs and administration of any vaccination developed to prevent COVID19, without imposing any copayment or coinsurance on the individual covered under the policy or
plan.
[Bill Sections: 61 and 66]

2.

PROHIBIT COVERAGE DISCRIMINATION BASED ON COVID-19

LRB 5920/P2: Prohibit any insurer , pharmacy benefit manager, or self-insured health plan
from using a cun-ent or past diagnosis, or suspected diagnosis, ofCOVID-19, as the basis for doing
the following: (a) establishing rules, applicable to an individual or employer or other group , for
eligibility for enrollment, continued eligibility to remain enrolled, or renewal of coverage; (b)
canceling coverage during a contract term; (c) establishing rates for coverage; or (d) refusing to
grant a grace period for the payment of premium, if a grace period for payment of premium would
generally be granted under the plan.
[Bill Sections: 29, 30, 32, 44, 45, 60, 62, 63, and 64]

3.

PROHIBIT
POLICY
CANCELLATION
DURING
EMERGENCY FORPREMIUMNONPAYMENT

PUBLIC

HEALTH

LRB 5920/P2: Prohibit insurers from canceling any policy of insurance for nonpayment of
premiums until at least 90 days after the unpaid premium was due dming the period covered by
the state of emergency related to public health declared by the Governor on March 12, 2020, under
Executive Order 72.
[Bill Section: 75(3)]

4.

TELEHEALTH COVERAGE PARITY

LRB 5920/P2: Prohibit any health insurance policy, state employee health plan, or selfinsured health plan offered by a local government or school district from denying coverage of any
treatment or service provided through telehealth if that treatment or service is covered by the policy
or plan when provided in person by a health care provider. Specify that limited service health
organizations, preferred provider plans , and defined network plans are subject to this provision.
Define "telehealth" as a practice of health care delivery, diagnosis, consultation, treatment ,

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 or transfer of medically relevant data by means of audio, video, or data communications that are
used either during a patient visit or consultation or are used to transfer medically relevant data
about a patient. Authorize the Office of the Commissioner of Insurance (OCI) to promulgate any
rules necessary to implement this provision.
[Bill Sections: 29, 30, 32, 44, 45, 58, and 65]

5.

PRESCRIPTION DRUG LIMITS

LRB 5920/P2: Prohibit any health insurance policy, state employee health plan, or selfinsured health plan offered by a local government or school district, or a pharmacy benefit manager
acting on behalf of a policy or plan from doing the following during the period covered by the state
of emergency related to public health declared by the Governor on March 12, 2020, under
Executive Order 72: (a) requiring prior authorization for early refills of a prescription drug or
otherwise restrict the period oftime in which a prescription drug may be refilled; or (b) imposing
a limit on the quantity of prescription drugs that may be obtained if the quantity is no more than a
90-day supply. Specify that these restrictions do not apply to a prescription drug that is classified
as a controlled substance by the Controlled Substances Board.
[Bill Sections: 59 and 67]

6.

LIABILITY INSURANCE FOR PHYSICIANS AND NURSE ANESTHETISTS

LRB 5920/P2: Specify that, during the public health emergency declared on March 12,
2020, under Executive Order 72, any physician or nurse anesthetist for whom Wisconsin is not a
principal place of practice but who is authorized to practice in Wisconsin on a temporary basis,
may fulfill the state's practice liability insurance requirements by filing with the Office of the
Commissioner oflnsurance a certificate of insurance for a policy of health care liability insurance
issued by an insurer that is authorized in a jurisdiction accredited by the National Association of
Insurance Commissioners. Specify that such a physician or nurse anesthetist may elect, in a manner
specified by the Insurance Commissioner by rule, to be subject to the state's liability provisions
and the state's injured patients and families compensation program.
Health care providers are generally required to obtain liability insurance coverage, issued
by an insurer authorized to do business in Wisconsin, for $1,000,000 per claim or occurrence and
for $3,000,000 for all claims or occurrences in a year. Liabilities in excess of those amounts are
paid from the state's injured patients and families compensation program, which is funded from
assessments collected on providers. This item would allow out~of-state physicians and nurse
anesthetists who are authorized to practice in Wisconsin on a temporary basis during the declared
public health emergency, to satisfy liability insurance requirements with a policy issued by an
insurer authorized for business in another state or jurisdiction.
[Bill Section: 75(4)]

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 7.

OUT-OF-NETWORK CHARGES AND PAYMENTS DURING A PUBLIC HEALTH
EMERGENCY

LRB 5920/P2: Specify that, during a state of emergency related to public health declared by
the Secretary of the U.S. Department of Health and Human Services or by the Governor, any
defined network or preferred provider health plan may not require an enrollee to pay, including
cost sharing, for a service, treatment, or supply rendered by a provider that is not in the plan's
network more than the enrollee would pay if the service, treatment , or supply is rendered by an innetwork provider , if the following apply: (a) the service, treatment, or supply is related to a
diagnosis or treatment for the condition for which the public health emergency is declared; and (b)
the service, treatment , or supply is rendered by an out-of-network provider because no in-network
provider is available due to the public health emergency. Specify that, in these circumstances, the
plan must reimburse the out-of-network provider at 250 percent of the rate the federal Medicare
program reimburses the provider for the same or a similar service, treatment, or supply in the same
geographic area.

Specify that, during a declared public health emergency, any health care provider or facility
that renders a service, treatment, or supply to an enrollee of a defined network plan or preferred
provider plan that does not include the health provider or facility in its network must accept as
payment in full any payment that is at least 250 percent of the Medicare rate for a similar service,
treatment, or supply in the same geographic area. Prohibit the provider from charging the enrollee
an amount that exceeds the amount the provider of facility is reimbursed by the defined network
plan or preferred provider plan.
Authorize the Insurance Commissioner to promulgate any rules necessary to implement
these provisions.
[Bill Section: 57]

MILITARY AFFAIRS

1.

APPROPRIATION FOR PUBLIC HEALTH EMERGENCY
RESPONSE

IGPR $300,000,000 I

~------'

LRB 5920/P2: Create a sum sufficient GPR appropriation for public health emergencies
with expenditures limited to $300,000,000 per biennium (the provision is not limited to the 201921 biennium). Authorize the Department of Military Affairs (DMA) to expend funds during a
public health emergency to: (a) facilitate coordination between and among federal, state, local, and
tribal agencies, social service, and health care entities affected by the emergency; (b) make grants,
provide for awards, enter into contracts, and conduct supportive investigations pertaining to the
emergency or potential emergency; (c) support emergency operations related to the emergency,
including investigation, education, and eradication; and (d) carry out other activities related to the
emergency, as the State Health Officer or the Administrator of DMA's Division of Emergency
Management determines applicable and appropriate.

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 Authorize DMA to submit a request to the Joint Committee on Finance under s. 13.10 of the
statutes to expend more than $300,000,000 per biennium. The request would be approved if: (a)
the Committee approves or modifies the request; or (b) no member of the Committee objects to
the request within 24 hours after the request is received. If a member objects within 24 hours, the
Committee must reject, modify, or approve the request within 48 hours after the request is received,
or the request would be approved as submitted. Specify that the Committee may vote on the request
by mail ballot or by polling, and waive the requirement that a public hearing be held.
Require DMA to report to the Committee on expenditures under the public health
emergency appropriation no later than 75 days after first spending funds and no later than the end
of each month after that in which the Department spends funds from the appropriation.
[Bill Sections: 11 and 51)

PUBLIC INSTRUCTION

1.

LAYOFFS OF SCHOOL EMPLOYEES UNDER PUBLIC HEALTH EMERGENCY

LRB 5920/P2: Prohibit a governing body from laying off a current employee during a period
when schools are closed by the Department of Health Services to control an outbreak or epidemic.
Additionally, require that the governing body continue to pay cunent employees for regularly
scheduled hours at the employee's regular rate during such a period, regardless of whether the
employee is required to report to work while schools are closed. Specify that the governing body
could pay a current employee more than the required amount. These provisions would first apply
to the period beginning on March 18, 2020, during which schools were closed by the Department
of Health Services.

A governing body would be defined as one of the following: (a) a school board; (b) an
operator, governing board, or authorizer of an independent charter school; (c) the operator or
governing board of a charter school that is not an instrumentality of a school district; or (d) the
governing body of a private school participating in a private school choice program or the special
needs scholarship program. A current employee would be defined as one who was employed by
the governing body on the date on which schools were closed .
The bill includes a statement of legislative intent that indicates that the intent of the
Legislature is that all schools that receive public funds continue to employ and pay all employees
who were employed on March 18, 2020, for the entirety of the period during which schools are
closed by order ofDHS as a result of the public health emergency declared on March 12, 2020, by
Executive Order 72.
[Bill Sections: 41, 75(13), and 77(1)]

Pagc21

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 2.

ADDITIONAL WAIVER AUTHORITY FOR THE DEPARTMENT OF PUBLIC
INSTRUCTION UNDER PUBLIC HEALTH EMERGENCY

LRB 5920/P2: Provide that if the Department of Health Services closes schools to control
an outbreak or epidemic , the Department of Public Instruction (DPT) could waive any requirement
in statute or administrative rules promulgated by DPI applying to school boards, school districts ,
private schools (including those participating in a choice program or the special needs scholarship
program), or independent charter schools . Additionally , specify that if DPI is not required to
publish school or school district accountability reports for a school year , DPT could waive any
requirement related to the publication of those reports. (A separate section of the bill would specify
that DPI would not be required to publish school and school district accountability reports for the
2019-20 school year.) These provisions would first apply to an order to close schools issued in the
2019-20 school year.
Under current law, DPI has the authority to waive certain requirements for school districts
and school boards , but cannot waive requirements related to the following: (a) the health or safety
of pupils; (b) pupil discrimination on the basis of sex, race , religion , national origin, ancestry , creed,
pregnancy, marital or parental status , sexual orientation or physical , mental , emotional or learning
disability. ; (c) assessments; (d) pupil records; (e) the collection of data by DPI; (f) the uniform
financial fund accounting system and audits of school district accounts; (g) teacher licensure or
certification; (h) the school stati date; or (i) the requirements for contracts under the achievement
gap reduction program. Cun-ent law does not provide authority for DPI to waive requirements for
private schools or independent charter schools.
[Bill Sections: 42, 43, and 77(3))

3.

SCHOOL AND SCHOOL DISTRICT ACCOUNTABILITY REPORTS

LRB 5920/P2: Specify that the Department of Public Instruction would not be required to
publish school and school district accountability reports for the 2019-20 school year.
Under current law, DPI is required to publish accountability reports annually no later than
November 30. The report cards issued each fall are based on data from assessments administered
the previous spring.
[Bill Sections: 39 and 40)

REVENUE

1.

GOVERNMENTAL DEADLINES DURING A PUBLIC HEALTH EMERGENCY
LRB 5920/P2: Specify that, notwithstanding any requirement to the contrary, each tax filing

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 deadline is delayed until the last day of that deadline 1s lead period. Define 11emergency period" as
the period covered by a public health emergency, including any extension, plus 30 days. Under the
bill, "lead period" would be defined as the period that begins on the first day after the emergency
period and is equal to the period beginning on the first day of the emergency period, and ending
on the date on which a deadline would otherwise have fallen. [Note that the bill does not
specifically address deadlines that occur between the date on which a public health emergency was
declared and the date of enactment of the bill.]
Beginning on March 12, 2020, Governor Evers declared an emergency period of 60 days
covered by a public health emergency. The emergency period will end on May 11, 2020, unless
the Legislature extends the emergency period by joint resolution beyond 60 days.
The Treasury Depmtment and Internal Revenue Service announced on March 21, 2020, that
the deadline for filing federal income tax returns is extended from April 15, 2020, to July 15, 2020.
Taxpayers who make estimated income tax payments that would otherwise be due on April 15 can
make such payments by July 15 without incurring any interest or penalties. The provisions apply
regardless of amounts owed by a taxpayer. A taxpayer need not file any additional forms in order to
qualify for this extended due date under federal law.
In Wisconsin, the Department of Revenue has indicated it will automatically adopt similar
guidelines as those at the federal level (described above). State taxpayers will have until July 15,
2020, to file their state income or franchise tax returns or make estimated payments without
interest, penalty, or underpayment interest between April 15, 2020, and July 15, 2020. Because
this filing deadline for Wisconsin income and franchise tax filers falls outside the emergency
period, the July 15, 2020, deadline would apply unless the Legislature, by joint resolution, were to
extend the emergency period beyond July 15, 2020.
[Bill Section: 52]

SAFETY AND PROFESSIONAL SERVICES

1.

HEALTH CARE PROVIDER CREDENTIAL RENEWALS

LRB 5920/P2: Specify that a health care provider credential, as defined below, is not subject
to renewal, or any other conditions for renewal, including continuing education, and remains valid
during the period covered by the public health emergency declared on March 12, 2020, by
Executive Order 72, including any extension, and continuing until further specified by the
applicable credentialing board. Specify that these changes are notwithstanding the Department's
general statutory authority and requirements relating to notice of renewals; renewal dates, fees,
and applications; and late renewals, as well as the applicable statutory provisions for the health
care provider credentials, but subject to any professional discipline imposed on the credential.

Specify that a renewal that occurs subsequent to the public health emergency declared on

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 March 12, 2020, by Executive Order 72, including any extension, is not subject to the statutory
late renewal fee if the application to renew the credential is received before the next applicable
renewal date. Notwithstanding the applicable statutory provisions for the health care provider
credentials, the applicable credentialing board may, for that next applicable renewal date, provide
an exemption from, or reduction of, continuing education or other conditions for renewal.

Definition. For these purposes, define a "health care provider credential" to mean any
credential issued under the following state statutory chapters: Board of Nursing (ch. 441);
Dentistry Examining Board (ch. 447); Medical Practices (ch. 448); Pharmacy Examining Board
(ch. 450); Psychology Examining Board (ch. 455); Massage Therapy and Bodywork Therapy (ch.
460); or Radiographers and Limited X-Ray Machine Operators (ch. 462).
[Bill Section: 54]

2.

TEMPORARY CREDENTIALS FOR FORMER HEALTH CARE PROVIDERS
DURING THE CURRENT PUBLIC HEALTH EMERGENCY

LRB 5920/P2: Authorize the Department of Safety and Professional Services (DSPS) to
grant temporary credentials to certain former health care providers during the state public health
emergency declared on March 12, 2020 under Executive Order 72, as fo11ows.

Issuance ofTemporary Credentials. Require DSPS to grant a temporary credential to a health
care provider if all of the following apply: (a) the health care provider submits an application to
DSPS: and (b) DSPS determines that the health care provider satisfies the eligibility requirements
for the credential and is fit to practice after conducting an investigation of the health care provider's
arrest or conviction record and record of professional discipline. Require DSPS to notify the health
care provider if DSPS denies the provider's application for a temporary emergency credential.
Specify that, notwithstanding statutory prohibitions on practicing as a nurse, nurse-midwife,
dentist, dental hygienist, physician, physician assistant, perfusionist, respiratory care practitioner,
or pharmacist, unless credentialed under the appropriate statutory section, a health care provider
granted a temporary credential under these provisions may provide services for which the health
care provider has been licensed or certified.
Require any health care provider who provides services authorized by a temporary credential
under these provisions to maintain malpractice insurance that satisfies the requirements of the
profession for which the health care provider has been licensed or certified.

Duration of Credential. Specify that a temporary credential granted under this provision
expires 90 days after the conclusion of the period covered by the public health emergency declared
on March 12, 2020, by Executive Order 72, including any extension.
Authority to Waive Credential Fees. Provide that, during the period covered by the public
health emergency declared on March 12, 2020 , by Executive Order 72, including any extension,
DSPS may waive fees for applications for an initial credential and renewal of a credential for
registered nurses, licensed practical nurses, nurse-midwives, dentists, physicians, physician

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 assistants, perfusionists, respiratory care practitioners, pharmacists, psychologists, clinical social
workers, independent social workers, social workers, marriage and family therapists , professional
counselors, and clinical substance abuse counselors.
De,finitions. For these purposes, define "health care provider" to mean an individual who
was at any time within the previous five years, but is not currently, any of the following, if the
individual's credential was never revoked, limited, suspended, or denied renewal: (a) licensed as a
registered nurse, licensed practical nurse , or nurse-midwife under ch. 441 of the Wisconsin state
statutes; (b) licensed as a dentist under ch. 447 of the Wisconsin state statutes; (c) licensed as a
physician, physician assistant, or perfusionist under ch. 448 or certified as a respiratory care
practitioner under ch. 448 of the Wisconsin state statutes; (d) licensed as a pharmacist under ch.
450 of the Wisconsin state statutes; (e) licensed as a psychologist under ch. 455 of the Wisconsin
state statutes; (f) a clinical social worker, marriage and family therapist , or professional counselor
licensed under ch. 457 or an independent social worker or social worker certified under ch. 457 of
the Wisconsin state statutes; (g) a clinical substance abuse counselor ce1tified under s. 440.88 of
the Wisconsin state statutes; or (h) any practitioner holding a credential to practice a profession
that is identified by the Department of Health Services during the period covered by the public
health emergency declared on March 12, 2020, by Executive Order 72, including any extension of
the public health emergency.

Define: (a) "credential" to mean license or certificate: and (b) "department" to mean DSPS.
[Bill Sections: 75(5) and (6)]

3.

TEMPORARY CREDENTIALS FOR HEALTH CARE PROVIDERS FROM OTHER
STATES

LRB 5920/P2: Authorize DSPS to grant temporary credentials to certain health care
providers from other states during the period covered by the public health emergency declared on
March 12, 2020 under Executive Order 72, including any extension of the public health
emergency, as follows.
Temporary Credentials. Require DSPS to grant a temporary credential to a health care
provider, as defined below, if all of the following apply: (a) the health care provider submits an
application to DSPS, and (b) DSPS determines that the health care provider satisfies the eligibility
requirements for the credential and is fit to practice after conducting an investigation of the health
care provider's arrest or conviction record and record of professional discipline. Authorize DSPS
to determine the appropriate scope of review of the background of a health care provider who
applies for a temporary credential under this paragraph. Require that if DSPS denies a health care
provider's application for a temporary credential under this section, DSPS must notify the health
care provider of the reason for the denial.

Specify that , notwithstanding statutory prohibitions on practicing as a nurse, nurse-midwife,
dentist, dental hygienist, physician, physician assistant, perfusionist, respiratory care practitioner,
or pharmacist, unless credentialed under the appropriate statutory section, a health care provider
granted a temporary credential under this paragraph may provide services for which the health care

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 Require that a health care provider who provides services authorized by a temporary
credential granted under these provisions, must maintain malpractice insurance that satisfies the
requirements of the profession for which the health care provider has been licensed or certified.

Duration of the Temporary Credential. Specify that a temporary credential granted under
this paragraph expires 90 days after the conclusion of the period covered by the public health
emergency declared on March 12, 2020 , by Executive Order 72, including any extension.
Fee Waiver. Notwithstanding the Department's authority to require standard fees for initial
credentialing and examinations and the applicable fee provisions in state statute, during the period
covered by the public health emergency declared on March 12, 2020, by Executive Order 72,
including any extension , authorize DSPS to waive fees for applications for an initial credential and
renewal of a credential for: registered nurses, licensed practical nurses, nurse-midwives, dentists,
physicians, physician assistants, perfusionists, respiratory care practitioners, pharmacists,
psychologists, clinical social workers, independent social workers, social workers, marriage and
family therapists, professional counselors, and clinical substance abuse counselors.
Definitions . Define "health care provider" to mean an individual who holds a valid,
unexpired license, certificate, or registration granted by another state or territory that authorizes or
qualifies the individual to perform acts that are substantially the same as the acts that any of the
following are licensed or certified to perform: (a) a registered nurse, licensed practical nurse, or
nurse-midwife under ch. 441 of the Wisconsin state statutes; (b) a dentist licensed under ch. 447
of the Wisconsin state statutes; (c) a physician, physician assistant, or perfusionist licensed under
ch. 448 or a respiratory care practitioner certified under ch. 448 of the Wisconsin state statutes; (d)
a pharmacist licensed under ch. 450 of the Wisconsin state statutes; (e) a psychologist licensed
under ch. 455 of the Wisconsin state statutes; (f) a clinical social worker, marriage and family
therapist, or professional counselor licensed under ch. 457 or an independent social worker or
social worker certified under ch. 457 of the Wisconsin state statutes; (g) a clinical substance abuse
counselor certified under s. 440.88 of the Wisconsin state statutes; or (h) any practitioner holding
a credential to practice a profession that is identified by the Depai1ment of Health Services during
the period covered by the public health emergency declared on March 12, 2020, by Executive
Order 72, including any extension of the public health emergency.
In addition define: (a) "credential" to mean license or certificate and (b) "department" to
mean the Department of Safety and Professional Services (DSPS).
[Bill Sections: 75(7) and (8)]

4.

PRESCRIPTION
EMERGENCIES

ORDER

EXTENSIONS

DURING

PUBLIC

HEALTH

LRB 5920/P2: Expand the manner in which a pharmacist can extend a prescription order.
Specify that if a pharmacist receives a request for a prescription to be refilled and the prescription
cannot be refilled under current state statutes governing initial fills and refills , the pharmacist may ,
subject to certain statutory conditions, extend the existing prescription order and dispense the drug
to the patient, if the pharmacist has not received and is not aware of written or oral instructions

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 from the prescribing practitioner prohibiting further dispensing pursuant to or extension of the
prescription order.
Prohibit a pharmacist from extending a prescription order under this section if: (a) a
prescribing practitioner has indicated, by writing on the face of the prescription order or, with
respect to a prescription order transmitted electronically, by designating in electronic format the
phrase "No extensions," or words of similar meaning; (b) the prescription is for a drug that is a
controlled substance; or (c) if a prescription order was previously extended for that particular
patient during the period covered by a public health emergency declared by the Governor,
including any extension of that public health emergency.
Further, prohibit a pharmacist acting under this provision from extending a prescription
order to dispense more than a 30-day supply of the prescribed drug, except that if the drug is
typically packaged in a form that requires a pharmacist to dispense the drug in a quantity greater
than a 30-day supply, the pharmacist may extend the prescription order as necessary to dispense
the drug in the smallest quantity in which it is typically packaged.
Require that a pharmacist, at the earliest reasonable time after acting under this provision,
notify the prescribing practitioner or his or her office. However, specify that the pharmacist is not
required to attempt to procure a new prescription order or refill authorization for the drug by
contacting the prescribing practitioner or his or her office prior to acting under this provision.
Authorize the pharmacist, after acting under this provision, to notify the patient or other individual
that any further refills will require the authorization of a prescribing practitioner.
Specify that the authority granted under this provision applies only during the period
covered by a public health emergency declared by the governor, including any extension. During
that time, clarify that this paragraph supersedes existing circumstances under which a pharmacist
may extend a prescription order to the extent of any conflict.
[Bill Sections: 55 and 56]

SHARED REVENUE AND PROPERTY TAX RELIEF

1.

COUNTY AND MUNICIPAL
EMERGENCY SUPPLEMENT

AID -- PUBLIC

HEALTH

IGPR

$7,440,800

I

'---------'

LRB 5920/P2: Provide each county and municipality a one-time aid payment in 2020, equal
to 1% of their 2020 county and municipal aid payment, as calculated under cmTent law. Create a
sum-sufficient GPR appropriation to make the payments. Estimate the cost of the payments at
$7,440,800 GPR in 2020-21. Require the Department of Administration, upon certification by the
Department of Revenue, to make the payments to counties and municipalities by the first Monday
in May, 2020, or at a later date in 2020, as determined by the Secretary of Revenue. Specify that
the payments would be considered local funds to be paid into the separate accounts of all local

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 governments established in the local government pooled-investment fund.
[Bill Sections: 15, 19, and 33]

WISCONSIN ECONOMIC DEVELOPMENT CORPORATION

1.

I

MODIFICATION TO WEDC'S GPR APPROPRIATION FOR GPR
OPERATIONS AND PROGRAMS
~------'

$25,000,000

I

LRB 5920/P2: Under current law, funding for the Wisconsin Economic Development
Corporation's (WEDC) operations and program s is provided in an amount of GPR equal to
$41,550,700 minus the amounts WEDC expends from the economic development fund and
environmental fund. However , WEDC's sum sufficient GPR appropriation is currently capped at
$16,512,500 in any year. The bill would increase the above figures by $25,000,000 in 2019-20 ,
thereby providing additional funding of $25,000,000 GPR in 2019-20 for WEDC's operations and
programs.

[Bill Section: 75(9)]

WORKFORCE DEVELOPMENT

1.

UNEMPLOYMENT INSURANCE WAITING WEEK REPEAL

LRB 5920/P2: Repeal the one-week waiting period requirement for unemployment
insurance (UI) benefits. Under this provision , a claimant for UI benefits would start receiving
benefit payments beginning with the individual's first week of eligibility. The repeal of the oneweek waiting period would result in an undetermined cost to the state's UT trust fund due to
increased UI benefit payments.

Under current law, the claimant's waiting period is the first week of a claimant's benefit year
for which the claimant is otherwise eligible for regular benefits. During a claimant's waiting period ,
no benefits are payable to the claimant. The waiting period does not affect a claimant's maximum
benefit amount , which is 26 weeks of regular state benefits. However , claimants who do not reach
the state's 26-week limit effectively receive one less week of benefits due to the waiting week
requirement. A claimant must serve one waiting week per benefit year.

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 The effective date of this provision would be the first Sunday after publication of the bill.
This provision would first apply to a claimant benefit year beginning on that effective date.
[Bill Sections: 36 thru 38, 77(2), and 78(1)]

2.

EMPLOYEE RECORDS DURING PUBLIC HEALTH EMERGENCY

LRB 5920/P2: Provide that during the period covered by a state of emergency related to a
public health emergency declared by the Governor, an employer is not required to provide an
employee's personnel records within seven working days after an employee makes a request to
inspect his or her personnel records, and an employer is not required to provide the inspection at a
location reasonably near the employee's place of employment during normal working hours.

[Bill Section: 35]

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 Romportl, Dan
From:

Sent:

Romportl, Dan
Sunday, March 29, 2020 12:25 PM

To:

Dye, Jenni N - GOV

Subject:

contact info

Hi Jenni,
I wanted to pass along my cell # - if a call is helpful today to discuss the policy doc(s) that you are planning to send our
way, please let me know, happy to talk.
Thanks,

Dan RomportlI I Fitzgeraldoffice
Cell 608-386-4867

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WI-SEN-20-0888-A-000315

 Romportl, Dan

Subject:

Romportl, Dan
Sunday, March 29, 2020 12:37 AM
Rettinger, Nik; Mugnaini, Jason; Lonergan, Sandy; Ponio, Jerry; Summerfield, Craig;
Mikalsen, Mike; Esser,Jennifer; Zantow, Jenna; Prange, Katy; Lakin, Tim; Henkel, Matt;
Soper, John; Kelly, Scott; Duerkop, Nathan; Emerson,James; Gibbs, Adam; Fiocchi, Tim;
Koenen, Kyle
FW:ALERT!Eversproposes $800 million package to address COVID-19 pandemic

Importance:

High

From:
Sent:
To:

Chiefs,
Just for clarification, this "bill" was a wish-list from the Evers administration shared with legislative leadership one week
ago. It was released yesterday by the Governor's office as part of an open records request fulfillment.
The draft contained many non-starters - for examp le:
multiple sum-sufficient agency budgets, one of which would last in perpetu ity, wh ich would be impossible to
•
fund under our general fund's current projected balance
• an extension of Gov. Evers emergency powers, even though we are still in the early days of the pandemic and do
not know what the environment will be like weeks from now
• various election administration changes, asked for while the Democratic Party and their allies simultaneously
filed four separate lawsuits seeking to overturn current election-related statutes
Also, the "bill", now a week old, included policy asks that have since been addressed through Executive Order edicts,
such as the landlord provisions and the flexibilit ies sought to recruit more retired and out-of-state health care workers .
Finally, now that the feds have acted and are sending the Executive Branch nearly $2 billion to spend on the coronavirus
response, many of the fiscal asks contained within the proposal are no longer relevant.
Moving forward, we intend to develop legislation incorporating ideas from caucus members and reasonable policy asks
from the Executive Branch, to present to the full caucus for feedback this coming week.
For further clarification, please don't hesitate to give me a call. I just wanted to provide some context to this as some
outlets are presenting this "bill" as "breaking news", and/or a negotiated "deal," both of which are inaccurate.
Thanks,
Dan

From: WisPolitics-Publishing <info@wispolitics.com>
Sent: Saturday, March 28, 2020 9 :26 PM
To: WisPolitics Notification Services <WisPolitics -Notifications@legis.wisconsin .gov>
Subject: ALERT! Evers proposes $800 million package to address COVID-19 pandemic

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WI-SEN-20-0888-A-000316

 WisPolitics Alert -- 28 March 2020
Exclusively for WisPolitics Subscribers - DO NOT FORWARD

From WisPolitics.com ...
-- Gov. Tony Evers is asking for more than $800 million to address the COVID-19 pandemic in
a sweeping bill that would also halt enforcement of voter ID, ban evictions, and prevent the
layoffs of school employees during a public health emergency.
The proposal, which the Evers administration released late Saturday, also would give the Department
of Health Services unlimited spending and position authority during a public health emergency.
GOP legislative leaders indicated in a letter earlier today the "current general fund
balance can't support" the proposal.
They also urged the Evers administration to move quickly to use the state's share of an estimated
$2.3 billion coming to Wisconsin as part of the federal relief package to buy needed personal
protection equipment.
The proposal also calls for a host of provisions to address the impact on state residents amid a ban
on nonessential travel and an order that has forced many businesses to close.
Along with suspending the voter ID requirement during a public health emergency, the bill calls for
allowing voting by mail and a longer window to register on line. The bill also calls for pushing back the
deadline for receipt of an absentee ballot. It would have to be postmarked by Election Day rather than
received by 8 p.m. on Election Day as currently required.
The bill also would allow the Department of Administration to print absentee ballots for local
governments.
The biggest pieces of the package include: up to $300 million for the Department of Military Affairs;
up to $200 million for the Department of Administration; $100 million to expand programs for the
working poor; and $100 million in grants to health care providers.
The package also would provide local governments with a 1 percent increase in aids for 2020, a
boost of about $7.5 million.
See more:
https://www .wispolitics.com/?p=87411 &preview=true
( c)2020 WisPolitics.com.
All rights reserved. Reproduction or retransmission of this publication, in whole or in part,
without the express permission of WisPolitics.com is prohibited. Unauthorized reproduction
I

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 violates United States copyright law (17 USC 101 et seq.), as does retransmission by facsimile
or any other electronic means, including electronic mail.
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