Supreme Court oral argument

As denoted in last week's e-update, the legislature filed a lawsuit challenging Secretary of Health Services-designee Palm's authority during an emergency declaration. The lawsuit states that Secretary-designee Palm overstepped her authority by unilaterally extending the "Safer at Home" order. The purpose of the lawsuit is quite simple: to obtain greater clarity regarding an unelected agency executive's authority during an emergency declaration, and to provide the legislature with a seat at the negotiating table. 

Under Wisconsin law, the legislature must be involved in lawmaking and state agencies, such as the Department of Health Services, may not create new laws through the administrative rule process. The governor has broad authority during emergencies. That authority, however, expires 60 days following an emergency declaration. What is more, the governor's emergency powers cannot be extended without legislative authorization. While the law is clear, the governor and his secretary-designee have gone out of their way to avoid involving the legislature in any decisions to help control the spread of COVID-19. 

Governor Evers' actions are well intended, but we reside in a nation of laws in which government power is divided amongst the three branches. Earlier this week, the Wisconsin Supreme Court heard arguments from the legislature's attorney and an attorney representing the executive branch, regarding the legality of the ongoing "Safer at Home" order, issued by the Wisconsin Department of Health Services. You can watch the oral argument here. 

As denoted at the outset, the legislature was forced to go to court to restore the public's rightful involvement in the lawmaking process. We are not attempting to end all actions taken by the executive branch to keep Wisconsinites safe; rather, we are simply asking the governor to respect state law and involve citizens and the legislature in the lawmaking process.

You can read more about the case, here. 

The Court has not announced when they plan to release their decision; however, we expect a ruling, soon. 

Hospitals

Hospitals and clinics across Wisconsin have witnessed a precipitous decline in patients, as a result of the COVID-19 pandemic. In order to ensure that you receive the care you need, the Wisconsin Hospital Association issued the following guidance:

"Wisconsin hospitals are encouraging patients to use the emergency department or urgent care if it is necessary. Patients should never hesitate to seek emergency care if they are experiencing symptoms. Wisconsin's hospitals and clinics are clean and taking all necessary precautions to care for patients and their families."

The Wisconsin Hospital Association recommends that patients contact their primary care physician to discuss when they can schedule routine appointments and treatments. 

Wisconsin DMV updates

The Wisconsin Department of Transportation (WisDOT) announced two pilot programs to address a backlog of demand:

• Eligible persons with a Wisconsin driver's license will be able to renew it online.
• Individuals under the age of 18, who successfully complete their required training and have the endorsement of a parent or guardian, will be able to obtain their probationary driver's permit without completing a road test.

Online license renewal

The pilot programs commence May 11. Each program eliminates the need for in-person visits to a DMV service center by enabling drivers to complete the tasks online. The pilots allow the public to get service more quickly while maintaining safety.

Due to COVID-19, approximately 80,000 Wisconsinites whose driver's licenses expired, have received an extension to renew. These extensions, with late fees waived, expire July 25, 2020. The pilot program allows customers who have delayed visiting a DMV to renew their license quickly and easily online. 

To be eligible, drivers must meet all of the following: 

• Must be a United States citizen with a regular (Class D) license (Commercial licenses do not qualify)
• Must be 64 years of age or under.
• No new medical restrictions.
• Has not had a negative change to their vision since the last renewal. 

Customers who renew online will receive a confirmation email they can print and use until their new card arrives by mail (ordinarily this occurs within ten days). The $34 renewal fee remains the same. After the next normal renewal cycle of eight years, customers need to visit the DMV for a new photograph to complete the renewal.

Renewing online may not be an option for everyone. While the deadline for a REAL ID has been extended one year to October 1, 2021, customers wanting a driver's license that is REAL ID-compliant will need to visit a DMV Customer Service Center. Without a REAL ID designation on a driver's license or ID, travelers will need another form of identification, like a passport, for domestic air travel.

Road test waivers for 16-and-17 year-olds

The Wisconsin Department of Motor Vehicles Customer Service Centers ordinarily conduct more than 2,100 road tests per week. Nearly 65 percent of these are for individuals under the age of 18, with 98 percent passing their road test on their first or second attempt. Wisconsin also has a Graduated Driver License law that places strict expectations on drivers under 18 years of age. The GDL requirement has improved safety and will remain in place for the foreseeable future.

Beginning May 11, road tests may be waived for 16-and-17 year-olds who complete the required training and have their parent or guardian sign the road test waiver. The criteria these drivers must meet to be granted a probationary driver's license include:

• They must hold an Instruction Permit (also known as a Learners Permit) violation-free for at least six months prior to testing.
• The must have completed driver education courses.
• They have completed behind-the-wheel training with a licensed instructor. 
• They have completed at least 30 hours of driving with their parent/sponsor and their sponsor signs the road test waiver. 

The restrictions of a probationary graduated driver's license still apply for at least nine months.

Parents or guardians are vital to ensuring novice drivers are equipped to safely drive. The waiver is not mandatory. Parents who opt to have their young driver take a road test at a DMV may schedule that appointment online beginning May 8.

DMV estimates a backlog of 160,000 road test requests; 100,000 of those will be eligible for the road test waiver. 

Road test appointments may be scheduled online beginning, May 8. Testing, by appointment only, commences May 26. DMV stopped doing road tests in mid-March due to COVID-19. When road tests resume, examiners will apply a seat cover when entering the driver's vehicle and wear personal protective equipment, including a face shield, to protect the driver and themselves. Upon completion of the examination, novice drivers will order the license from home and the card will be issued within 10 business days.

DMV Customer Service Centers will have expanded hours May 11 to May 22, Monday through Friday from 7 a.m. to 5 p.m. The goal is to serve as many customers as possible who require an in-person visit while maintaining safe social distances in lobbies. Appointments are recommended. 

These pilot programs are expected to continue throughout the 2020 calendar year.

Stay up to date

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.).