News of the Day

Proposed Legislation would Limit Spending by Local Governments that Enact Transportation Utility Fees

A group of Republican lawmakers is hoping to block local governments from using a relatively new approach to fund road maintenance through what are known as transportation utility fees.

On Wednesday, Rep. Mark Born, R-Beaver Dam, and Sen. Duey Stroebel, R-Saukville, introduced bills that would punish local governments that enact transportation user fees by forcing them to lower the amount they can collect from property taxes by however much they raise from the new transportation fees.

A statement from Stroebel’s office said lawmakers have worked to ensure a favorable tax climate and have increased local transportation aids in recent state budgets.

“A municipality must not be allowed to circumvent the popular levy limit law through the creation of a transportation utility to extract more money from taxpayers,” Stroebel said. “The option of a referendum is always available if the people actually want higher taxes.”

At the same time, the conservative Wisconsin Institute for Law and Liberty is arguing in Outagamie County Circuit Court that transportation utility fees are unlawful taxes. The firm is suing the Town of Buchanan for adopting a transportation utility district and corresponding fees in 2019.

A 2020 legal opinion written by the League of Wisconsin Municipalities states that local governments have “broad statutory and/or constitutional home rule powers to create a transportation utility and charge property owners transportation utility fees.”

 

DHS Urges Vaccination as the Moderna COVID-19 Vaccine Gains Full FDA Approval

The U.S. Food and Drug Administration (FDA) granted its full approval of the Moderna COVID-19 vaccine. The vaccine will now be marketed under the name Spikevax for the prevention of COVID-19 in people 18 years of age and older.

“The FDA fully approved the Pfizer COVID-19 vaccine last August for those 16 and older and now has done the same with the Moderna vaccine for those 18 and older. These approvals are further confirmation that these vaccines are effective and safe,” said DHS Secretary-designee Karen Timberlake. “We urge those folks that have waited to get vaccinated to do so now and join their nearly 3.7 million fellow Wisconsinites who have received their COVID-19 vaccine.”

This is the same vaccine people have been getting for months. In order to grant full approval, the FDA required extensive data on safety and effectiveness, inspection of manufacturing facilities, and a comprehensive review of all clinical and real-world use. The full approval means that even more data were gathered and analyzed following the grant of emergency use authorization in December 2020 to further confirm that this vaccine works and is safe. All of the COVID-19 vaccines are extremely effective at preventing serious illness, hospitalization, and death – including from the Delta and Omicron variants.

The Moderna vaccine was the second COVID-19 vaccine to receive emergency use authorization (EUA) in the U.S. This authorization came after the Moderna product underwent rigorous clinical trials and an expedited review process to ensure the safety and efficacy of the vaccine. FDA granted the application for full approval through a priority review designation, and reviewed updated data from the clinical trial which supported the EUA and included a longer duration of follow-up in a larger clinical trial population.

 

Assembly Speaker Announces Special Committee on Trade and Supply Chain

Yesterday, Assembly Speaker Robin Vos (R-Rochester) announced the creation of the Special Assembly Committee on Trade and Supply Chain. State Representative Rob Brooks (R-Saukville) will Chair the new committee.

“Across the state and country, demand is high, quantity is low, prices are increasing, and workers are scarce. The creation of this committee is another step Assembly Republicans are taking to support the Wisconsin businesses, families, and individuals who are impacted by these economic factors. I have full confidence Representative Brooks and the members of the committee will work hard to address these issues,” stated Speaker Vos.

The Committee on Trade and Supply Chain will focus on the relationship between the labor shortage and supply chain interruptions and the impacts and barriers this creates for businesses and consumers. The committee will examine the disruptions in production and distribution of products over the last two years, the lack of workers in the labor market, and Wisconsin’s role in recovering.

President Biden to Sign Executive Order to Streamline Government Services to Public

President Biden is signing an executive order on Monday intended to cut back on the bureaucracy around government services for the public such as renewing their passports, applying for loans or changing their name.

The order, which Biden will sign on Monday afternoon, affects 36 “customer experience improvement commitments” across 17 federal agencies. The order targets various government services dealing with travel, retirement, business, health and updating personal information, according to a White House fact sheet.

For example, the order will call for a streamlined enrollment experience for retirees looking to enroll in Social Security, and it will allow retirees to more easily claim benefits online.

Taxpayers will be given new online tools to make filing more easy, and filers will have the option to schedule customer service call-backs instead of waiting on hold.

The order will call for Americans to be able to renew their passports online rather than dealing with print forms, and it will aim to streamline the process for travelers with urgent questions for the Transportation Security Administration (TSA).

The order will also aim to ease the bureaucracy around both student loans and business loans.

The order will create a single portal for the millions of individuals with student loan debt, and small business owners will have a more streamlined process for working with the Small Business Administration on loans, grants and certifications.

DWD Awarded $3 Million U.S. Department of Labor Grant for Job-Seeker IT upgrades

The Wisconsin Department of Workforce Development (DWD) has been awarded a $3 million grant from the U.S. Department of Labor to support its comprehensive upgrade and modernization of the Job Center of Wisconsin system and an internal case management system to better connect job seekers with employment opportunities.

The Comprehensive and Accessible Reemployment through Equitable Employment Recovery National Dislocated Worker grant will benefit workers affected by the COVID-19 pandemic and subsequent labor market disruption. DOL announced the availability of $43 million nationwide for the grant in June 2021, with a maximum award of $3 million.

The projects are expected to be implemented by late 2023. The work represents another major component of DWD’s comprehensive effort to improve service for customers – employers, job seekers, current employees and those experiencing disruption in their employment. In recent months, DWD also has introduced improvements to its virtual Job Center of Wisconsin, added a chatbot feature to help job seekers and employers connect, entered into a partnership with Google Cloud to expedite processing of unemployment insurance claims; and contracted with Flexion to overhaul its legacy Unemployment Insurance processing system.

Wisconsin Businesses Sue Biden Administration Over Vaccine-or-Test Mandate

Yesterday, the Wisconsin Institute for Law & Liberty (WILL) sued the Biden administration in federal court, on behalf of two Wisconsin businesses, challenging the Occupational Safety and Health Administration’s (OSHA) sweeping new vaccine-or-test mandate for businesses with 100 or more employees. OSHA’s emergency rule, issued November 4, requires businesses of a certain size to require proof of vaccination or regular COVID-19 tests for their employees. Companies that do not comply face penalties of over $13,000 per violation, or over $136,000 for a willful violation.

The lawsuit was filed in the Seventh Circuit Court of Appeals. Federal law requires lawsuits that challenge OSHA emergency rules to be filed in the Court of Appeals, rather than in a federal district court, where lawsuits typically originate.

The Quotes: WILL President and General Counsel, Rick Esenberg, said, “This new rule is illegal and unconstitutional. It circumvents the normal legal process, along with Congress, to claim emergency powers to impose a mandate on American business. However you feel about the COVID vaccine or even the very different question of a vaccine mandate, the Biden administration is claiming an extraordinary power to rule by decree that could be used in the future in almost unlimited and unforeseeable ways.”

Steve Fettig, Secretary and Treasurer of Tankcraft and Plasticraft, said, “The order is unconscionable. OSHA does not know how to run our companies. We do. OSHA does not know how to keep our employees safe. We do. And we have done so successfully since the start of the pandemic without the interference of a federal bureaucracy. We respect our employees’ fundamental right to make their own private, difficult medical choices.”

Attorney General Warns Wisconsinites of Increase in Ransomware Threats

 Attorney General Josh Kaul is advising Wisconsinites to be aware of ever-evolving ransomware threats. To date, the FBI has received 41 ransomware reports in Wisconsin this year, compared to 30 reports total in 2020.

“As technological threats continue to evolve and become more sophisticated, DOJ’s Cyber Unit remains committed to investigating cybercrimes throughout Wisconsin,” said Attorney General Kaul. “All of us can help combat the threat of ransomware by taking a few precautions: not clicking on links or attachments from unverified sources, using unique, complex passwords, and installing computer updates regularly.”

Ransomware is a type of malicious software cyber actors use to deny access to systems or data. The malicious cyber actor holds systems or data hostage until the ransom is paid. After the initial infection, the ransomware attempts to spread to shared storage drives and other accessible systems. If the demands are not met, the system or encrypted data remains unavailable.

A person may unknowingly download ransomware onto a computer by executing one of the following actions embedded with malware: opening an email attachment, clicking an advertisement, following a link, or visiting a website. Cyber actors continue to evolve their ransomware tactics over time to extort organizations and citizens. Awareness of these tactics is important to avoid unnecessary exposure.

Cyber-attacks may be prevented by following the Department of Homeland Security – Cybersecurity and Infrastructure Security Agency (CISA) best practices for managing risks posed by ransomware: https://www.cisa.gov/stopransomware. To learn more, visit the CISA Ransomware Guide at, https://www.cisa.gov/sites/default/files/publications/CISA_MS-ISAC_Ransomware%20Guide_S508C.pdf

Victims of ransomware attacks are encouraged to resist any urge to fulfill a ransom request. Compliance in response to a ransom does not guarantee the captured data will be returned. Compliance also encourages perpetrators to target more victims and offers an incentive for other cyber actors to get involved in this type of illegal activity.

If you believe you are a victim of a ransomware attack:

 

President Biden to Allow Nationwide Residential Eviction Moratorium to Expire Saturday

The Biden administration announced Thursday it will allow a nationwide ban on evictions to expire Saturday, arguing that its hands are tied after the Supreme Court signaled the moratorium would only be extended until the end of the month.

The White House said President Joe Biden would have liked to extend the federal eviction moratorium due to spread of the highly contagious delta variant of the coronavirus. Instead, Biden called on “Congress to extend the eviction moratorium to protect such vulnerable renters and their families without delay.”

“Given the recent spread of the delta variant, including among those Americans both most likely to face evictions and lacking vaccinations, President Biden would have strongly supported a decision by the CDC to further extend this eviction moratorium to protect renters at this moment of heightened vulnerability,” the White House said in a statement. “Unfortunately, the Supreme Court has made clear that this option is no longer available.”

The court mustered a bare 5-4 majority last month, to allow the eviction ban to continue through the end of July. One of those in the majority, Justice Brett Kavanaugh, made clear he would block any additional extensions unless there was “clear and specific congressional authorization.”

Wisconsin Housing Market Strong Even as Inventories Remain Tight

Both existing home sales and median prices rose by double-digit margins in May compared to their levels 12 months earlier, when the economy was in lockdown. Housing supply remains very tight with just 2.8 months of available supply in the state. Inventory is tight in all regions, across all urban/rural classifications and across all price ranges

“Basic economics tells us that strong and growing demand in a world of tight supply is going to create significant price pressure, and that’s exactly what we’re seeing in the state housing market. Median prices through the first five months are up at an annual pace of 12.1%. Unless demand moderates or supply improves, neither of which is likely in 2021, we can expect to see more of the same price appreciation through the end of this year. The good news is that mortgage rates remain very low by historical standards, which has at least partially offset the impact of significant price pressure on housing affordability in the state.  Hopefully the inflationary pressures don’t intensify, which could cause mortgage rates to increase and lower affordability,” said Michael Theo, President & CEO of the Wisconsin Realtors Association.

 

DATCP Waives Surcharge for Agricultural Chemical Cleanup Program Fund

For the fourth consecutive year, the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) is waiving the usual surcharge for the Agricultural Chemical Cleanup Program (ACCP). Fertilizer and pesticide businesses normally pay this surcharge when renewing their license, and the resulting fund helps pay to clean up agrichemical spills.

DATCP waives the surcharge when the fund balance remains above $1.5 million, allowing fertilizer dealers, commercial pesticide applicators, and pesticide manufacturers to pass these savings on to their customers.

The surcharge holiday will extend through June 2022 for fertilizer sales, and through the 2021-22 license year for other licensees. The surcharge is based on the level of the ACCP fund on May 1 of each year, when DATCP is required to review the program funds and decide whether to continue the surcharge holiday.

For more information about the ACCP fund and surcharges, visit https://datcp.wi.gov/Pages/Programs_Services/ACCPFundSurcharges.aspx.