This week's survey

Last week, a group of bipartisan legislators introduced legislation to ban conversion therapy in Wisconsin. Under this bill, mental health providers would be prohibited from engaging in conversion therapy with a minor. The bill defines conversion therapy as "any practice that seeks to change an individual's gender expression, gender identity, or sexual orientation." If providers violate the prohibition, they are subject to professional discipline by their credentialing board. 

Common practices used during conversion therapy include emitting electric shocks to the patient, prescribing nausea-inducing drugs, and using psychoanalysis. 

Twenty states and several municipalities in Wisconsin currently ban conversion therapy. 

I am very interested in your feedback on this proposal.

Please, take a minute to answer this week's survey on the banning of conversion therapy. 

Click here for my survey

Survey Results

Thank you to everyone who answered last week's survey question relating to the creation of three categories for participation in sanctioned athletics. 

In total, 183 individuals responded to this survey question. When asked about participation in sanctioned athletics, 43 percent of respondents supported keeping the current designation: one category for males and one for females. The second most popular choice, was the creation of three separate categories for participation in sanctioned athletics: 40 percent.

What is more, thirteen percent of respondents voted "other." Responses included:

"WIAA and other entities can figure this out. There is no reason for the legislature to get involved."

"No, keep existing categories based on biological sex at birth."

"Transgender is a complex issue. I understand the physical capability of leveling the playing field. Psychologically, how does separating into a third category affect young people? They already feel isolated. This is a difficult and sensitive subject."

"Just let the transgender people play sports in the gender they identify with. This is a disingenuous attempt to fix a problem that does not exist. Many states already allow kids to play where they identify and there have not been any significant problems. It is obvious that this bill is designed just to further alienate individuals who already have a difficult enough time in high school."  

Legislation

The last several weeks, from a legislation standpoint, have been incredibly busy. Legislation was passed making it easier for individuals to obtain the COVID-19 vaccine, prohibiting employers from mandating vaccines, and ensuring that individuals with preexisting conditions are able to obtain health insurance. The following is a synopsis of several pieces of legislation that were passed and/or signed into law since our last e-update.

Senate Bill 13

This week, Governor Evers signed into law Senate Bill 13, which I coauthored with Senator Kathy Bernier. Senate Bill 13 affords dentists, as healthcare professionals, the ability to administer vaccines for COVID-19 and influenza. Dentists must complete an eight-hour training in order to qualify as a vaccinator. With some estimates indicating Wisconsin might have enough vaccine for those who choose to receive it, by the end of May, ensuring we have enough safe, educated vaccinators in place is paramount to a successful vaccine rollout. Senate Bill 13 was passed unanimously via voice vote in both houses of the legislature.

Assembly Bill 34

Assembly Bill 34, which was approved 92-0, prohibits insurance companies from denying coverage due to an individual having a preexisting medical condition, refusing to cover services that people need to treat a preexisting condition, or charging a higher premium based on a person's health status, should the Affordable Care Act by struck down by the courts. The legislature passed a similar bill on the first floor period of the 2019-2020 legislative session. We passed it again to ensure Wisconsinites with these conditions are protected no matter what happens at the federal level.

Senate Bill 3

Senate Bill 3, of which I am a cosponsor, requires that Pharmacy Benefit Managers become licensed in Wisconsin through the Wisconsin Office of the Commissioner of Insurance. Doing so requires transparency reports and greater accountability. The bill prohibits PBM's from penalizing insurers or pharmacists for disclosing the generic, cost of purchase, or lower-cost alternatives. Senate Bill 3 was approved unanimously via voice vote in both houses of the legislature. 

Senate Bill 74

Senate Bill 74 that I coauthored with Senator Kathy Bernier and have been working on for the past two legislative sessions, was approved unanimously via voice vote in both houses of the legislature and sent to Governor Evers for his signature. 

Senate Bill 74 simply revises certain aspects of the regulation of home inspectors. 

First, the bill requires completion of at least forty hours of training for initial registration as a home inspector, but specifies that continuing education is not required for a person's first two biennial renewal dates after initial registration.

Second, the bill specifies that a person who is registered or licensed in good standing as a home inspector in another state must be granted reciprocal registration as a home inspector in Wisconsin.

Third, relating to home inspection procedures, Senate Bill 74 specifies that a written home inspection report must use the term "defect" if the home inspector believes that a condition in the home meets the definition of a "defect." The bill maintains the basic definition of a "defect" as a condition that would significantly impair the health or safety of occupants, or a condition that could significantly shorten or adversely affect the normal life of a home component, but adds that the condition is determined on the basis of a home inspector's judgment on the day of the inspection.

Lastly, the bill specifies that in providing a written home inspection report, certain specific elements are required, including a summary page for the consumer and basic inspection information, such as the property address and the home inspector's name. The summary page must include certain notices, and a list of conditions that are labeled as defects and other items that may need further evaluation or maintenance, with references to where detailed information for those items may be found in the report.

Senate Bill is a win-win for home buyers and home inspectors. I was elated that this legislation passed unanimously and was sent to Governor Evers for his signature.

Senate Bill 110

Senate Bill 110, relating to open enrollment limits, was approved unanimously out of committee and by the legislature, specifies that an application submitted to a nonresident school board for a pupil to attend a virtual charter school does not count toward the existing limit of three nonresident open enrollment applications in any school year.

The three school limit was established in 1999 and since then, virtual schools have come to be a visible new option for public education. Virtual schools are an excellent option for students who have complex medical problems or are facing limitations due to expulsion. 

Senate Bill 110 gives students expelled at other schools a pathway to graduation. It is imperative we do not cut these students off from support and education at a critical time when they and their families need it most.

Assembly Bill 25

Assembly Bill 25, quite simply, prohibits employers from mandating COVID-19 vaccinations. 

The citizens of Wisconsin have expressed innumerable reservations regarding the COVID-19 vaccine, which is becoming widely available. The vaccine has emergency approval from the United States Food and Drug Administration and the people of Wisconsin should not have to make the choice between employment and their own individual health. This bill seeks to prohibit an employer from requiring an individual to receive a vaccine against the SARS-COV-2 coronavirus or any variant of the virus-derived as a mutation of the SARS-COV-2 coronavirus, or show signs of having received such a vaccine. 

I support this proposal for three reasons:

• First, medical freedom of choice should not infringe on an individual's ability to earn a living. 
• Second, the COVID-19 vaccines have been thoroughly tested, including on animals.
• Lastly, several individuals testified that it is extremely difficult, especially in the medical field, for their employer to grant a vaccination exemption based on medical and/or religious reasoning even though they are afforded that right by state law.

Senate Bill 79

Senate Bill 79 requires the University of Wisconsin System Board of Regents to recognize and track "extension and outreach hours" as "teaching hours" as time spent by state-integrated specialists teaching farmers outside of a classroom. This will apply to state specialists who provide extension services in the field of applied agricultural research at UW-Platteville, UW-River Falls, or UW-Madison College of Agricultural and Life Sciences.

State-integrated specialists are University of Wisconsin campus-based faculty and staff who have joint Cooperative Extension appointments. They provide expertise on a wide range of topics related to agricultural and natural resources.

In addition to conducting research projects, these researchers teach farmers at association-sponsored summer and winter meetings, hold on-farm mini-clinics, field days, and workshops and provide other direct instruction to Wisconsin farmers on a daily basis.

The value of state specialists to the agricultural economy as teachers is well-documented, but their work teaching farmers does not count under the statutory definition of "extension and outreach hours" which must be reported on the accountability dashboard.

Senate Bill 38

Senate Bill 38 requires the governor to submit to the legislature a plan for when all state employees holding positions with duties that were required to be performed at the offices of the agency on March 1, 2020, will return to and perform those duties at the offices with that agency. Under the bill, the plan must be submitted before February 28, 2021. As amended the bill modifies the due date for the plan so that it must be submitted to the legislature no later than twenty-one days after the effective date of the legislation. 

As the state considers billions of dollars in capital requests, we need to know that new state office buildings will actually be used. In-person work will send the message to Wisconsinites that their government is working for them. Studies have indicated that job satisfaction, productivity, and mental health suffered as a result of the shift to working from home. 

Senate Bill 10

Senate Bill 10 simply broadens the definition of institution from which transfer credits may be accepted to include non-bachelor's degree-granting institutions such as technical or junior college, to count towards the one-hundred-fifty semester hours required to be certified as a Certified Public Accountant. 

Wisconsin is currently experiencing a shortage of CPA's and this bill will remove a barrier for students to use all successfully completed credits for certification from any higher educational institution. The bill does not lower the required number of credits for certification. 

Wisconsin has a CPA shortage and this legislation would help alleviate the deficiency. 

Senate Bill 4

Senate Bill 4, quite simply, prohibits government officials from mandating COVID-19 vaccinations. 

With the 2019 novel coronavirus vaccine becoming widely available, citizens of Wisconsin have been wondering if the government will force them to receive the vaccine. Under current law, during a state of emergency related to public health declared by the governor, DHS may order any individual to receive a vaccination, except under certain medical circumstances or if the individual objects for religious or conscience reasons, and may isolate or quarantine an individual who is unwilling or unable to be vaccinated. This bill seeks to prohibit certain government officials from mandating vaccination against the 2019 novel coronavirus. 

Senate Bill 7

Senate Bill 7 prohibits the closing of places of worship due to COVID-19. 

Current law allows local health officers to do what is reasonable and necessary for the prevention and suppression of disease and forbid public gatherings when necessary to control outbreaks or epidemics. 

Senate Bill 7 prohibits local health officers from closing or forbidding gatherings in places of worship to control outbreaks and epidemics of COVID-19.

A substitute amendment was adopted to the bill which does two things:

1. It includes language to ensure that all variants and mutations of COVID-19 are included.

2. It adds language to ensure that the bill does not inadvertently close down any place of business. 

Senate Bill 116

Current law prohibits changes to a custody or placement order within two years of the final judgment, creating a significant burden that forces parents to return to the court. This not only burdens the parents, but the courts as well in terms of time and resources. 

Senate Bill 116, which I coauthored and was contained the package of bills passed out of the Legislative Council Study Committee on Child Placement and Support that I co-chaired with Senator Lena Taylor (D-Milwaukee), last session, allows for changes to a physical custody or placement order contingent upon a future event. In custody or physical placement orders, there are often foreseeable events that will occur (such as a child beginning school or improvement in a child or parent's health condition) that would require changes in a placement schedule. This legislation allows the court to approve anticipated modifications to a custody or physical placement order without returning to court as long as both parties agree.

This bill stipulates that contingency placements cannot be based on anticipated parental behavior modifications (such as completion of an anger management course or AODA treatment). In addition, incarceration for certain crimes would deem a parent not be eligible for a contingency placement agreement.

Senate Bill 116 promotes shared parenting and overall should have positive outcomes for children. 

Assembly Bill 149

Assembly Bill 149, "The Truth in Spending Act," of which I am a cosponsor, is a reintroduction of a provision from Assembly Bill 1, the COVID relief bill, which the governor ultimately vetoed. It ensures Wisconsinites have a voice through their elected representatives in how the billions of dollars coming to our state from the American Rescue Plan are spent. The bill simply enables the legislature, a co-equal branch, to have some oversight of these funds by requiring the governor to submit a plan for the expenditure of federal COVID relief funds to the Joint Committee on Finance under the passive review process.

Wisconsin is estimated to receive $5.5 billion from the American Rescue Plan--that equates to almost $1,00 per Wisconsinite. Of that, the governor will have almost complete discretion over $3.2 billion, which is in addition to the $2 billion in federal assistance sent to our state last year.

This is not a new concept and this bill is not establishing a new process--in 2009, the Democratic-controlled legislature passed legislation requiring JFC oversight over funds the state received from the federal stimulus package. This bill is modeled closely after that language approved by Democrats. 

There is a precedent for this in other states--legislatures throughout the country have pursued measures to reign in powers of the executive and to have more of a say in the distribution of COVID-related funds. 

Federal dollars will have significant and direct impacts on our families, schools, businesses, and communities; billions of taxpayer dollars should not be in the hands of a single person with no spending plan, no legislative input, and whose process to distribute the funds is largely out the view of the public. 

Assembly Bill 149 gives the people of Wisconsin the input, transparency, and accountability they deserve. 

Senate Bill 39

Senate Bill 39, of which I am a cosponsor, allows virtual charter students to participate in WIAA athletics. 

Pupils who attend virtual charter schools would be allowed to participate in the extracurricular activities within their resident school district, in the same way, homeschool students are already permitted.

Local school boards can charge pupils of virtual charter schools, the same as homeschooled students, a fee to participate in extracurricular activities, the same as pupils enrolled in a traditional school.

What is more, Senate Bill 39 allows pupils from virtual charter schools, to participate at all competition levels, including varsity levels during the 2020-21 and 2021-22 school years.

Your input and feedback on the legislation outlined in this section is appreciated.  

Budget

In the coming weeks, I will be holding a series of in-district budget listening sessions to get your feedback on Wisconsin's spending priorities for the next two years. When the dates and times of these events are scheduled, my office will communicate them. 

If you have any ideas for spending priorities, feel free to email or write my office. I am always happy to meet in-person to discuss these issues as well. Please, do not hesitate to give my office a call to schedule a meeting to discuss your budget and/or legislative priorities for the session. 

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.).