February 8, 2021 | Number 6
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Update on Public Health Emergency and Statewide Mask Requirement
If you are like most of us, it has been challenging to keep up with the back and forth action in Madison on the state of the Governor's Public Health Emergency and statewide orders on wearing masks.
Here's the latest: Last Thursday, the Assembly concurred in SJR 3, repealing the Governor's prior emergency order and mask mandate. After the Assembly concurred in SJR 3, the Governor immediately called another public health emergency and issued another emergency order requiring masks effective immediately.
Also last Thursday, the Assembly amended AB 1, the Republican's COVID response legislation, by adding a provision allowing the Governor to call a limited public health emergency for the purpose of collecting federal funds under the Supplemental Nutrition Assistance Program.
On Friday, the Senate met and concurred in the revised AB 1 and sent the legislation to the Governor's desk. Shortly after the bill passed the Senate, the Governor indicated he would veto the legislation. The Governor fulfilled that veto promise by mid afternoon on Friday.
The question of a Governor's ability to call multiple public health emergencies for the same pandemic is pending before the Wisconsin Supreme Court. It is uncertain when a decision will be delivered and what action the Legislature will take regarding the Governor's new public health emergency.
Municipal authority to adopt local mask mandates. The League's legal team has prepared a memo concluding that a municipality may impose a local mask order pursuant to an emergency declaration under Wis. Stat. secs. 323.11 and 323.14(4)(a). Read the memo here.
What local governments have adopted mask mandates? The Milwaukee Journal Sentinel is maintaining a list of counties and municipalities that have adopted local mask mandates. Read the list here.
FEMA's Cost Share Increased to 100% - Retroactive to Beginning of the Pandemic
As you may know, since August of 2020, the National League of Cities, along with the League of Wisconsin Municipalities and other state and local groups and emergency management organizations have asked FEMA and Congress to increase the federal cost share for the COVID-19 Emergency Major Disaster declarations to 100 percent.
in early January, President Biden issued a memorandum increasing FEMA's cost share to 100 percent. While the League was very pleased, some confusion remained surrounding whether this change would be retroactive. Last week, on February 2nd, the Biden administration clarified in this revised memorandum that FEMA will be "retroactively reimbursing states fully for FEMA-eligible services – including masks, gloves, emergency feeding actions, sheltering at risk populations and mobilization of the National Guard - back dated to the beginning of the pandemic in January 2020."
The League has worked with Wisconsin Emergency Management (WEM) who oversees the FEMA Public Assistance program for the state. We have been able to secure a single point of contact for any of our members who may have questions or require help with cost share adjustments and retroactive payments. Please contact Eisha Akbar, Public Assistance Specialist, with Wisconsin Emergency Management. WEM recommends addressing any emails to Ms. Akbar, using the shared mailbox address: [email protected].
Public Hearing Held on Alcohol Beverage and Public Notice Bills
Last Thursday, the Senate Committee on Government Operations, Legal Review, and Consumer Protection heard public testimony on the following bills of interest to municipalities:
SB 22, Allowing retail sale of intoxicating liquor by the glass for consumption away from the licensed premises. This bill allows a “Class B” licensed retailer to sell intoxicating liquor by the glass for consumption off the licensed premises if the licensee seals the container of intoxicating liquor with a tamper-evident seal before the intoxicating liquor is removed from the premises. The bill thus allows the retailer to sell, for example, mixed-drinks and glasses of wine to-go in sealed containers. The League is neutral on this bill.
SB 55, Publication of Meeting Minutes online. This bill authorizes city councils and the boards of villages, counties, school districts, and technical college districts to satisfy their legal obligation to publish the proceedings of regular and special meetings by posting a copy of the proceedings (meeting minutes) in a public place, electronically placing a copy of the proceedings on the Internet site maintained by the respective governmental unit, and transmitting a copy to the newspaper designated by the governmental unit or likely to give notice in the territory of the governmental unit. The League supports this bill. Read the League's written testimony in support here.
SB 56, Remote orders for the sale of alcohol beverages to be picked up on retail licensed premises. This bill allows most alcohol beverage retailers to make online or telephone sales of alcohol beverages to be picked up by the customer at parking spaces that are part of the retail licensed premises. The bill also prohibits municipalities from imposing by ordinance additional restrictions on these sales. The League opposes this bill because it includes language prohibiting municipalities from imposing additional restrictions on remote orders for curbside pickup. Read the League's written testimony here.
SB 57, Home Delivery of Alcohol Beverages Purchased Online or over the Phone. Under current law it is illegal to deliver alcohol directly to consumers. Wisconsin requires alcohol purchases to occur at licensed premises, with the buyer and seller face-to-face at the time of the sale. This bill allows a Class “A”, “Class A”, Class “B”, or “Class B” licensed retailer to process and fill an online or telephone order for the sale and delivery of both food and alcohol beverages or alcohol beverages alone for home delivery. The League is neutral on this bill.
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RECENTLY INTRODUCED LEGISLATION
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SB 55, Publication of Meeting Minutes online. This bill authorizes city councils and the boards of villages, counties, school districts, and technical college districts to satisfy their legal obligation to publish the proceedings of regular and special meetings by posting a copy of the proceedings in a public place, electronically placing a copy on the governmental body Internet site, and transmitting a copy to the newspaper.
Senator Feyen (R-Fond du Lac) and Representative Thiessfeldt (R-Fond du Lac). The League supports this bill.
SB 56, Remote orders for the sale of alcohol beverages to be picked up on retail licensed premises. This bill allows most alcohol beverage retailers to make online or telephone sales of alcohol beverages to be picked up by the customer at parking spaces that are part of the retail licensed premises. The bill also prohibits municipalities from imposing by ordinance additional restrictions on these sales. Senator Stroebel (R-Saukville) and Representative Tauchen (R-Bonduel). The League opposes this bill due to the removal of local control.
SB 57, Home Delivery of Alcohol Beverages Purchased Online or over the Phone. This bill allows most alcohol beverages retailers to make online or telephone sales of alcohol beverages and deliver the alcohol beverages to the customer or to have the alcohol beverages delivered to the customer by an independent third-party delivery service if certain conditions apply. Senator Stroebel (R-Saukville) and Representative Tauchen (R-Bonduel). The League is neutral on this bill.
SB 76, Distribution of the Personal Property Aid Payment upon Termination of a Tax Incremental District. The bill clarifies that following the termination of a tax incremental district the amount that would have been paid to the tax incremental district is distributed to the other applicable taxing jurisdictions. Senator Bernier (R-Chippewa Falls) and Representative Steffen (R-Green Bay). The League supports this bill.
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PUBLIC HEARINGS THIS WEEK
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SB 11, Workers Compensation Coverage for Public Safety Officers Diagnosed with PTSD. By the Senate Committee on Labor and Regulatory Reform on Monday, February 8, at 1:30 p.m. in room 201 Southeast, State Capitol or watch live on Wisconsin Eye. The League is neutral on this bill.
Proposed audit of elections administration. The Joint Legislative Audit Committee will hold a Public Hearing and an Executive Session on a proposed audit of elections administration on Thursday, February 11 at 11:00 am in 412 East State Capitol or watch live on Wisconsin Eye.
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Wisconsin Senate panel considers bipartisan slate of alcohol bills
Under the legislation, municipalities would be barred from adopting ordinances that impose additional restrictions on those sales, apparently overriding the city's existing ordinance if passed.
"This bill unfortunately removes from municipalities the ability to adopt regulations to address unique local concerns or unusual circumstances associated with remote sales of alcohol beverages," deputy director Curt Witynski wrote. "Such a prohibition on local authority is unnecessary and goes too far." Read the article.
Gov. Evers issues new statewide mask order after GOP repeal
The Assembly voted 52 to 42 to repeal the health emergency and mask order. It came a week after the Senate voted to kill the health orders.
Wisconsin state law allows the governor to issue an emergency order for 60 days -- needing legislative approval to extend. Gov. Evers has issued multiple 60-day health emergencies -- and since the summer, has used the emergencies to issue mask mandates.
"We are here today, again, not to talk about masks," said Assembly Speaker Robin Vos (R-Burlington). "We are here talking about the unlawful declaration that Governor Evers has been repeatedly declaring." Read the article. Click here to comment on the League's Facebook page.
WEC releases report on November election voting
Meagan Wolfe, the WEC’s administrator and the state’s chief election official, said participants in the November election “have much to be proud of.”
“Thousands of election officials across the state worked countless nights and weekends to deliver a well-administered election despite the challenges of an ongoing pandemic, a battle against election misinformation, and a heightened level of scrutiny which often unfairly villainized them for simply doing their jobs,” she said. Read the article. Click here to comment on this article on the League's Facebook page.
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League Membership Virtual Roundtable
TOMORROW Tuesday, February 9, 2021 12:00 to 1:00 pm
Zoom information is posted here on the League's Covid-19 page.
Chief Executives Special Winter Workshop
February 25, 2021 from 1:00 pm to 4:30 pm via Zoom
Local Government 101
For New & Experienced Local Officials and Staff
May 7, May 21 and June 4 via Zoom
Please thank our sponsors!
Clerks, Treasurers & Finance Officers Institute
June 9-11, 2021 via Zoom
Please thank our sponsors!
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