Thank you for taking the time to read this week's e-update. I always strive to include information you find interesting and informative as it relates to my work in Madison and the 60th Assembly District.
My most important goal remains serving you, my constituents. Helping you find solutions to difficult problems when it seems like the state is unresponsive is the single greatest reward for my staff and me. I take constituents' input seriously and continually work hard on your behalf.
I always have your thoughts and concerns in mind when deciding whether or not to support legislation. Furthermore, I appreciate when you take time out of your schedules to contact me.
Have a great week,
This week's survey
One of Governor Evers' priorities has been criminal justice reform in the form of releasing inmates early. I am more interested in looking at ways to ensure that released inmates do not re-offend and return to prison. This goal was the impetus for a bill that I authored, relating to prescription drug coverage for inmates upon release.
Typically, when inmates are released from a DOC facility, they are provided with two weeks of medication and a four-week prescription for any current medications. Assembly Bill 653/Senate Bill 592 directs DOC to provide up to a six-week supply of initial medication and a six-week prescription to inmates upon their release.
Based on conversations with DOC,Substitute Amendment 2was drafted. According to the DOC pharmacy team, most medications are available in 30-day packages and federal law prevents the packs from being broken up and distributed in differing quantities. The substitute amendment adds clarifying language to account for the standard packaging of most DOC-administered prescription drugs. Product packaging for most medications is not available in six-week increments, so the amended language allows inmates to obtain an eight-week prescription upon release. Substitute Amendment 2 simply doubles current DOC practice and inmates will be released with a four-week supply of medication and an eight-week prescription.
Additionally, Substitute Amendment 2 provides more prescriber oversight of inmates' health and safety when determining medications. The amendment adds language to ensure that prescribers verify that all medications and quantities are clinically appropriate for individual inmates. The DOC psychiatry team recommended this change, as not all medications should be prescribed in 60-day increments due to health concerns.
Everyone wins when offenders are successfully released from prison and do not recidivate. According to DOC, 75 percent of its inmate population is taking some type of medication. Reentry to society is not easy, and lack of prescription medication for health issues can make it even harder.
Please, take a minute to answer this week's survey question regarding DOC prescription drug policies.
Thank you to everyone who responded to last week's survey question relating to training requirements for CNAs. In total, 86 individuals answered, with 72 percent arguing that Wisconsin should adopt federal training and educational standards and 22 percent believing that Wisconsin should adopt its own standards. Additionally, 6 percent of respondents selected "other." Responses include:
"We should employ our own standards. At this point in history, I do not trust the federal government to adopt any standards that adequately protect our citizens. We should not change our standards just to 'fit in' with neighboring states."
"Standards should be fair and promote quality work without too much burden. If the federal standards are fair, they should be employed in Wisconsin."
"Standards should be established by the profession, not the government. We need to get government out of our lives and shift greater authority to 'We the People."
State of the State
This week, Governor Evers delivered his annual State of the State address before a joint session of the legislature.
The state of our state is strong thanks to Republican leadership. Legislative Republicans are working hard to keep the state moving forward with a strong economy, lower taxes, first-rate schools, and continued access to quality healthcare. Our progress will not be thawed by a governor who pushes a far-left agenda and does not believe in open, transparent government. Republicans are working on issues that bring people together but remain steadfast on their conservative principles that have moved Wisconsin forward over the last decade. Wisconsin voters chose divided government, not inaction or a far-left agenda. Republicans are delivering on what their constituents elected them to do.
Under the auspices of legislative Republicans:
Employment levels remain at a record high
Taxes were decreased in the latest budget by more than $400 million
Wisconsin's tax burden (state and local taxes as a share of income) fell in 2018 to the lowest levels in 50 years.
Wisconsin ended the fiscal year with a record high Budget Stabilization Fund. The balance at the end of fiscal year 2019 was $649.1 million.
Fiscal year 2019 ended with a $1 billion surplus
Transportation bonding is at its lowest level in 20 years.
Funding for mental health has been doubled
Historic investments have been made in transportation and education.
Despite profound differences on big-ticket issues, Republicans and Democrats have worked together on several important pieces of legislation, this session. Together, the two parties eliminated the Miller Park sales tax; strengthened the state's OWI laws; approved Death Duty benefits for families of fallen police officers; and expanded coverage for pre-existing conditions. In total 95 percent of votes in the Assembly were bipartisan. All of the bills I have passed this session, have had bipartisan support.
I was pleased that Governor Evers, in his annual message to the people of Wisconsin, finally acknowledged the needs of rural Wisconsin. I look forward to working with the governor on issues of importance to rural Wisconsinites. Governor Evers has called a special session, next week, to address agriculture and rural issues.
Aside from greater investment in rural issues--something I steadfastly support--Governor Evers failed to outline a bold, forward-looking vision for Wisconsin. Rather, he imbued left-wing rhetoric on issues most important to his core constituencies: gun control, so-called nonpartisan legislative reapportionment, Medicaid expansion, and tax increases.
Despite our differences on seminal issues, I look forward to working with Governor Evers to address the maladies afflicting our farmers and those residing in rural communities.
Governor Evers delivering his State of the State Address before a joint legislature.
Bills Introduced and Committee Hearings
This week, four bills I authored received public hearings. I testified before the Senate Committee on Health Services on Senate Bill 593. The Assembly Version, Assembly Bill 654, was approved unanimously, via voice vote, during this week's floor session. Additionally, I introduced LRB-4317, a bill related to affordable and workforce housing. This bill is supported by the League of Wisconsin Municipalities, Wisconsin Towns Association, and Wisconsin Realtors Association.
Testifying with Senator Alberta Darling on behalf of Senate Bill 592.
Assembly Bill 653/Senate Bill 592: Prescription medication for released inmates
This week, I testified on behalf of Assembly Bill 653/Senate Bill 592 before the Senate Judiciary and Public Safety Committee and Assembly Committee on Corrections.
Assembly Bill 717: Capital Loss Deduction
The Assembly Committee on Ways and Means held a public hearing on Assembly Bill 717, that I co-authored with Senator Duey Stroebel. A constituent from the Town of Trenton brought this idea to my attention and testified in favor of the bill at Thursday's public hearing.
A capital loss is incurred when a capital asset, such as an investment or real estate, decreases in value. The loss is not realized until the asset is sold for a price that is lower than the original purchase price. In essence, a capital loss is the difference between the purchase price and price at which the asset is sold, where the price is lower than the purchase price.
Under current law, an individual subtracts his or her capital losses from capital gains when computing the amount of gain subject to state income tax. For example, when a Wisconsinite sells stock for less than the purchase price, taxable capital gains are reduced on a dollar-for-dollar basis.
If the capital loss exceeded the capital gains, the individuals may use up to $500 of the net loss to offset ordinary income, thus reducing the amount of ordinary income subject to the tax. If the individual's net capital loss exceeded $500, the individual may carry forward the excess to future years and offset up to $500 of ordinary income each year until the loss is used up.
Assembly Bill 717 was introduced to align state law with federal law as it relates to capital losses. It takes six times as long to reduce a capital loss in Wisconsin, than it does at the federal level.
This bill, in addition to bringing state law in line with the federal tax code, increases the maximum annual offset for Wisconsin income tax purposes from $500 to $1,500 for individuals and $3,000 for married couples filing jointly.
Assembly Bill 717 completes the alignment between Wisconsin tax law and the Internal Revenue Service Code on this issue. Alignment eliminates confusion for individuals seeking to deduct capital losses.
Testifying with Bob Reischel from the Town of Trenton, on behalf of Assembly Bill 717 before the Assembly Committee on Ways and Means.
Bob and Sharon Reischel from the Town of Trenton came to the capitol for the Assembly Ways and Means Committee hearing.
LRB-4317: The Affordable and Workforce Housing Act of 2020
Wisconsin is facing a statewide workforce housing shortage. Quality and affordable housing are paramount factors in determining where individuals live, work, and choose to raise a family.
We are not building enough affordable homes to keep pace with the demand for Wisconsin's growing workforce. Furthermore, our existing housing stock is aging, and construction prices are rising faster than inflation and income growth.
LRB-4317 will help improve Wisconsin's housing stock and provide communities and employers with a meaningful talent development tool. The bill meets this goal by incentivizing local communities to develop additional workforce housing--without costing the state any money.
Three factors have precipitated Wisconsin's workforce housing shortage:
The industry has not built enough homes to keep pace with population and income growth.
Construction costs are rising faster than inflation, and construction companies report severe labor shortages.
Outdated land-use regulations drive up the cost of housing.
LRB-4317 addresses each of the root causes of Wisconsin's affordable housing crisis, while simultaneously increasing the development of new workforce housing.
There is a direct correlation between housing and job creation. A 2018 National Association of Homebuilders' study found that the one-year impact of building 1,000 single-family homes is astounding. The building of these homes would produce nearly $300 million in income for Wisconsin residents, generate $56.3 million in new tax revenue for local units of government, and create more than 5,000 career-sustaining jobs.
Meeting Wisconsin's workforce housing challenge, expanding housing options for seniors and young workers, and reinvesting in our communities require leadership and effort at all levels. This legislation is an excellent first step towards achieving those goals.
This bill closely aligns with the five goals for affordable housing outlined by the Wisconsin Realtors Association in their 2018 study of workforce housing, Falling Behind: Addressing Wisconsin's Workforce Housing shortage to Strengthen Families, Communities, and our Economy:
Build more housing
Increase housing choices with a more affordable housing stock
Rebuild and strengthen homeownership
Reinvest in older housing stock and neighborhoods
Make housing a priority
LRB-4317 is a much-needed, common-sense piece of legislation that increases Wisconsin's workforce housing stock, creates jobs, grows the economy, and makes it easier for individuals to achieve the American dream of owning their own home.
Assembly Floor Session
This week, the Assembly was in session and voted on a number of important issues ranging from healthcare to natural resources. The following is a synopsis of several bills passed during this week's floor session.
Reviewing an amendment during this week's legislative session.
Assembly Bill 26: Primary Care Agreements
Assembly Bill 26, that I co-authored with Representative Joe Sanfelippo (R-New Berlin), establishes a framework for the use of direct primary care (DPC) model on the private market. Under the direct primary care model, a provider agrees to offer a specified set of health care services for a specified fee over a specific time period.
The bill defines "primary care services" to mean outpatient, general health care services of the type provided by a main source for regular health care services for a specific health concern and includes all of the following:
1. Care that promotes and maintains mental and physical health and wellness.
2. Care that prevents disease.
3. Screening, diagnostic, and treating acute or chronic conditions caused by disease, injury, or illness.
4. Patient counseling education.
5. Provision of a broad spectrum of preventative and curative health care over a period of time.
Current statutes do not specifically state how direct primary care agreements should be regulated on the private market. However, the Office of the Commissioner of Insurance has taken the position that a direct primary care agreement, in which a consumer agrees to pay for a set of routine health care services for an agreed-upon fee and over a stated period of time. These agreements are specifically excluded from state insurance law. The bill also specifies that the agreements must be in writing and must include a list of disclosures.
Assembly Bill 26 authorizes any health care provider who provides direct primary care services under the provider's scope of practice, to enter into a direct primary care agreement with an individual patient or his or her legal representative or employer to provide routine health care services for an agreed-upon fee and over a stated period of time. These agreements are specifically excluded from state insurance laws. The bill also specifies that the agreements must be in writing and include a list of disclosures.
Assembly Bill 26 was approved by the Assembly 61-38.
For more information on free-market healthcare policy, see the following New Americanarticle.
Assembly Bill 239: Crossbow legislation
Assembly Bill 239, a bipartisan bill authored by Representative Joan Ballweg (R-Markesan), creates simplicity for transportation of weapons law by aligning crossbows with bows and firearms.
Currently, crossbows are not allowed to be placed on stationary vehicles while cocked and loaded and must be uncocked and in a case while the vehicle is moving. Most crossbow users are unaware of the law regarding stationary vehicles and have been unknowingly breaking the law for years. Assembly Bill 239 would allow crossbows to be transported while in a case or while cocked but unloaded.
Furthermore, Assembly Bill 239 gives individuals more choices for safe transportation of crossbows. As a result of this bill, crossbows will not be differentiated from firearms and bows by the law, meaning there will be less confusion about what rules apply to those who transport weapons.
Assembly Bill 239 passed unanimously, via voice vote.
Assembly Bill 323: PFAS Firefighting Foam Prohibition
Assembly Bill 323, a bipartisan proposal I proudly co-sponsored, prohibits the use, including for training purposes, of Class B firefighting foams containing intentionally-added per-and-polyfluoroalkyl substances (PFAS). Class B foams are designated for and used in the suppression of flammable liquid fires. The bill includes two exemptions to the newly-created prohibition:
1. Use of these foams by first responders in an emergency firefighting or fire prevention operation.
2. Use for testing purposes. The bill stipulates that use for testing may take place if the facility conducting such testing is equipped with appropriate containment, treatment, and disposal measures for the spent foam. The Department of Natural Resources, through the emergency and permanent rulemaking process, shall develop parameters for what qualifies as appropriate containment, treatment, and disposal.
The usage of firefighting foam containing PFAS is one of the primary sources of PFAS environmental contamination at sites across the state and needs to be more closely regulated.
Assembly Bill 323 was passed unanimously, via voice vote by both houses of the legislature and has been sent to Governor Tony Evers for his signature.
Assembly Bill 581: Practice of Physical Therapy students
Hands-on training that is needed to become a physical therapist or physical therapist assistant begins at the student level. The training and placement for Student Physical Therapist Assistants (SPTA's) and Student Physical Therapists (SPT's) has become an issue due to lack of clarity in our statutes, which currently does not address the supervision of a student.
Assembly Bill 581, a bipartisan proposal, clarified "supervision" of a student PTA or student PT by a Physical Therapist or Physical Therapist Assistant and provides statutory direction to the Department of Safety and Professional Services, along with the Physical Therapy Examining Board (PTEB) to define rules in what supervision of PT and PTA students entails.
Under the bill, PTEB would be directed to promulgate rules to clarify the supervision requirements for students. They have done so for all other individuals who assist in addressing the PT's plan of care. This is not an expansion of scope, but rather a clarification which would allow clinical sites to provide education to SPTAs as they historically have always done.
This bill was approved unanimously, via voice vote in both houses of the legislature and has been sent to Governor Evers for his signature.
Assembly Bill 654: Department of Corrections Telehealth Expansion
Currently, the Division of Community Corrections uses telehealth to provide mental health treatment to offenders under community supervision within Region 5 (see the map below). Assembly Bill 654, a bipartisan proposal I co-authored with Senator Alberta Darling, directs the Department of Corrections to expand telehealth for mental health treatment to Regions 4,6, and 8. Based on conversations with DOC, these regions were found to be the most in need of expanded telehealth services. Assembly Bill 654 does not use GPR to fund the telehealth expansion and instead places the responsibility on the Department of Corrections to utilize internal sources to cover the cost.
Telehealth is especially beneficial in rural areas where there are fewer mental health professionals available than their urban counterparts. Telehealth will assist offenders, by reducing travel time to medical appointments, while still providing them with necessary treatment.
Assembly Bill 692: Snowmobile Trail Funding
Assembly Bill 692, a bipartisan proposal I co-sponsored, increases the DNR's expenditure authority under the state's snowmobile program for grants to counties, in turn, provided to clubs, for snowmobile trail and area maintenance and funding new trail miles. As a result of this legislation, the DNR will be able expend surplus segregated revenue that currently exists, and forecast to exist in the future.
Under current law, spending authority for trail maintenance and miles is capped at $2.475 annually. Assembly Bill 692 increases this cap to $5.475 million annually, a $3 million increase. Trail pass, registration, and renewal changes over the last few years have created this surplus revenue. Funds within this appropriation support land purchases for trails, law enforcement on trails, trail development and maintenance, and improving bridges on trails.
Assembly Bill 692 was approved 98-0 by the State Assembly.
If you are interested in obtaining additional information regarding any of the legislation outlined in this section, please contact my office.
State of Wisconsin Blue Books
My office still has an abundance of 2019-2021 State of Wisconsin Blue Books. If you are interested in obtaining a copy, please click the following link. My staff and I will make it a priority to ensure that your copy arrives in a timely fashion.
Events
The following are events that will be held this week in the 60th Assembly District. If you have any upcoming events you would like included, please contact my office.
One of the best ways to date with what is happening in Madison is to sign up for the legislature's notification tracking system. This service affords you with the opportunity to track legislative activities in Madison. Upon creation of a free account, you can sign up to receive notification about specific bills of committees as well as legislative activity pertaining to a subject (i.e., health care, education, etc.).
If you have any comments regarding the subject of this E-Update, please feel free to contact me.
Rep. Rob Brooks State Capitol, Room 216 North P.O. Box 8952 Madison, WI 53708 Toll-Free (888) 534-0060 or (608) 267-2369 Rep.Rob.Brooks@legis.wi.gov| |
