January 11, 2021 | Number 2 |
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Assembly's COVID Package Restricts Local Health Departments; Senate Amendment Removes the Restrictions
Last week, the Assembly introduced, held a public hearing on, and passed an amended version of AB 1, the Assembly Republican's response to the COVID pandemic. The amended version of the bill the Assembly passed contains the following restrictions on local health departments and health officers: (Note: Although most municipalities are served by county health departments pursuant to Wis. Stat. sec. 251.02, 16 municipalities operate their own health department or partner with the county or other municipalities: Appleton, De Pere, Eau Claire, Franklin, Greenfield, Hales Corners, Madison, Menasha, Milwaukee, North Shore, Oak Creek, South Milwaukee/St. Francis, Wauwatosa, West Allis, Racine, and Watertown.)
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Vaccine Mandates. Prohibits vaccine mandates by employers, the Department of Health Services (DHS), and local health officers.
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Local Health Orders. Limits the duration of any action taken by a local health officer to control the spread of COVID-19 to two business days unless an extension is approved by a two-thirds vote of the local governing body, and each such extension may not exceed 14 days. The amended version passed by the Assembly also specifies that this approval procedure does not confer authority to close or restrict capacity in businesses or places of worship. The original bill allowed a local health officer to enforce an order to close or restrict capacity of businesses to control outbreaks and epidemics of COVID-19 for a maximum of 14 days unless the governing body approved an extension of the order. Currently, local health officers have the statutory authority 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 among other public health powers. In addition, local health officers must take all measures necessary to prevent, suppress, and control communicable diseases and report those measures to the appropriate governing body along with the progress of the communicable disease.
The League opposes AB 1 as passed by the Assembly because of the severe limitations it imposes on local health officers.
The Senate Committee on Organization (originally the Senate Finance Committee) is meeting this morning at 11:00 am to hear AB 1 and recommend Senate modifications. Senate Republican leadership introduced a Senate Substitute Amendment to AB 1 this morning that makes no changes to current law relating to the powers of local health officers. The Senate Substitute Amendment addresses our concerns about AB 1. The Senate Committee on Organization will likely vote to recommend passage of the Senate Substitute amendment at an Executive Session scheduled for immediately after the public hearing, and the Senate will be on the floor to approve the amended package tomorrow. You can follow this fast paced action on Wisconsin Eye.
The Assembly will need to meet to approve the Senate's amendment before the bill can be advanced to the Governor.
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Janesville Press Gazette Editorial: Janesville needs to consider alternatives to pay for streets
Providing well-maintained streets is one of the fundamental duties of municipal government, but the price of asphalt and other street construction costs are on a steep climb, with Janesville averaging 8% annual increases. At the same time, the ability of municipalities such as Janesville to pay for streets is hobbled by state-imposed levy limits, which the League of Wisconsin Municipalities says are the “strictest property tax levy limits in the country.”
The city went to referendum in 2014, asking voters for permission to exceed the levy limit—by up to $1.2 million annually for five years—and put the extra money toward street repairs. It failed overwhelmingly, despite residents saying road improvements were one of their biggest priorities. Read the editorial. Click here to like, comment or share the editorial from the League's Facebook page to your own or your municipality's Facebook page.
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RECENTLY INTRODUCED LEGISLATION |
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AB 1, COVID-19 Relief Package. Read the Legislative Council Memo summarizing the bill as amended, here. Introduced by Rep. Vos. |
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PUBLIC HEARINGS THIS WEEK |
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AB 1, COVID-19 Relief Package. By Senate Organization Committee on Monday, January 11 at 11:00 in room 412 State Capitol. The League opposes the bill as passed by the Assembly. The Senate Substitute Amendment addresses our concerns.
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Calendar these League Member Virtual Roundtables
Tuesday, January 12, 2021 12:00 to 1:00 pm
Tuesday, February 9, 2021 12:00 to 1:00 pm
Tuesday, March 9, 2021 12:00 to 1:00 pm
Tuesday, April 13, 2021 12:00 to 1:00 pm
Zoom information is posted here on the League's Covid-19 page.
Chief Executives Winter Workshop
February 25, 2021 from 1:00 pm to 4:30 pm via Zoom
- Crisis Leadership; a local perspective
- Alternative Revenue Sources
- Tips for high-performing legislative bodies
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Email questions or comments to:
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