Brian Dake

The Wisconsin Supreme Court has ruled against Gov. Tony Evers, striking down the governor’s ability to issue repeated emergency declarations related to the COVID-19 pandemic and ending the statewide mask mandate.

“The question in this case is not whether the Governor acted wisely; it is whether he acted lawfully,” conservative justice Brian Hagedorn wrote in the court’s majority opinion. “We conclude he did not.”

The ruling immediately ends Wisconsin’s statewide mask mandate. Local government mandates, where they exist, can remain in effect.

Under state law, governors have the power to issue public health emergencies, but those emergencies can only last for 60 days, unless they are extended by the state Legislature. Evers has issued several emergencies related to the COVID-19 pandemic since last March. None of them have been extended by the Legislature.

In the majority opinion, Hagedorn wrote the decision isn’t, and shouldn’t be, about making sure the governor has the power to respond to the pandemic adequately or ensuring executive powers aren’t too expansive — it is, he argued, about whether Evers followed the law.

“Whether the policy choices reflected in the law give the governor too much or too little authority to respond to the present health crisis does not guide our analysis,” Hagedorn wrote. “Our inquiry is simply whether the law gives the governor the authority to successively declare states of emergency in this circumstance.”

Yesterday, Governor Tony Evers announced everyone age 16 and over will be eligible for the COVID-19 vaccine starting April 5, 2021. Wisconsin currently leads the nation in being one of the most efficient vaccinators for getting available shots in arms.

While everyone will be eligible starting April 5, some areas of the state may have a higher demand for vaccinations and may have waitlists. Vaccine providers will prioritize anyone previously eligible such as public-facing essential workers and people with medical conditions.

There continue to be many options available for getting vaccinated, including through DHS, federal, and local community-based vaccination clinics, pharmacies, healthcare providers, local and tribal health departments, and employers.

To find a local vaccine provider visit the COVID-19 vaccine provider map or visit https://vaccinefinder.org. Individuals can also call the toll-free vaccine hotline at 1-844-684-1064 with questions or help registering for a vaccination appointment. The hotline is also available in Hindi, Hmong, Somali, and Spanish.

Certain vaccine providers are using the COVID-19 Vaccine Registry. Anyone can register for an appointment using the COVID-19 vaccine registry. After you register, you will be notified when you are able to schedule an appointment. Appointments are based on whether a vaccine provider in your area uses the registry for scheduling and has available vaccine, and your place on the waitlist. Other vaccine providers may use their own scheduling system.

Gov. Tony Evers announced Monday he will spend $2.5 billion in federal relief funding to help Wisconsin’s economy recover from the coronavirus pandemic.

Evers didn’t spell out how he would spend all of the $3.2 billion he will have control of but said $2.5 billion of it would be used to help businesses, with $600 million going toward Wisconsin businesses and $50 million going to the tourism industry. The rest of the spending for business remains undefined.

On Friday, the Internal Revenue Service issued Announcement 2021-7 PDF clarifying that the purchase of personal protective equipment, such as masks, hand sanitizer and sanitizing wipes, for the primary purpose of preventing the spread of coronavirus are deductible medical expenses.

The amounts paid for personal protective equipment are also eligible to be paid or reimbursed under health flexible spending arrangements (health FSAs), Archer medical savings accounts (Archer MSAs), health reimbursement arrangements (HRAs), or health savings accounts (HSAs).

For more information on determining what is deductible, see Can I Deduct My Medical and Dental Expenses? and Publication 502, Medical and Dental Expenses.

Gov. Tony Evers signed off Wednesday on the Ho-Chunk Nation’s plans to open a casino and entertainment complex in Beloit, hailing the project as job creator that will help the region recover from the economic damage of the COVID-19 pandemic.

Wisconsin residents saw some of the slowest personal income growth of any state in the country in 2020, according to data released Wednesday by the U.S. Bureau of Economic Analysis.

State personal income increased 4.4% from 2019 in Wisconsin, which ranks 46^th in the country. On a per capita basis, Wisconsin personal income increased 4.3%, which ranks 42^nd in the country. Per capita personal income in Wisconsin last year was $55,487 compared to $59,729 nationally. Nationally, personal income was up 6.1% and 5.8% on a per capita basis.

Total wages and salaries paid in Wisconsin last year dropped 0.5%, which ranks 32^nd in the country. Nationally, wages and salaries increased 0.2%, led by more than 5% increased in Idaho and Utah.

Wisconsin’s manufacturing sector was particularly hard hit when it came to wages with a $993 million or 3.4% decline. A drop of nearly $1.1 billion in durable goods manufacturing wages was only partially offset by a $104 million gain in nondurable goods.

The decline in manufacturing wages in Wisconsin ranks 31^st in the country while the durable goods manufacturing wage decline ranked 34^th. Nationally, manufacturing wages were down 2.6% and wages in the durable goods sector were off 4.3%

Accommodation and food service was hit hard too in Wisconsin with wages down $577 million or 12.3%. Arts, entertainment and recreation wages in the state declined 13.4% or nearly $204 million.

On the positive side, the construction sector in Wisconsin saw a $380 million or 4.6% increase in wages and salaries last year. Finance and insurance wages in the state were up 3.5% or nearly $371 million. Wages in the information sector of Wisconsin were up 5% or nearly $200 million.

Strong February housing sales pushed what are typically the three slowest months of the year into record territory, according to the most recent analysis of the existing home market by the Wisconsin REALTORS^® Association (WRA). February 2021 sales increased 5.5% compared to February 2020, which was the last month before the recession began. Inventories continued to be very tight, which has led to a sustained period of very strong price appreciation. The median price rose to $215,000 in February, which is 13.2% higher than 12 months earlier. In fact, median prices have grown at an annual rate of 9.7% or higher each month since July of last year.

This is the strongest seller’s market on record, and it pushed prices up sharply in February,” said WRA President & CEO Michael Theo. The inventory problem shows no sign of abating. The state had just 2.1 months of available supply in February, which is the second straight month of record-low inventory levels. “Every price range of homes, every region of the state, and every type of county, from the most urban to the most rural, have very strong seller’s markets,” said Theo.

“One bright spot has been the new construction market,” said Theo. A review of Wisconsin single-family permit data compiled by the U.S. Census Bureau shows an increase of 13.7% in 2020 compared to 2019, and housing permits were up 19% in January compared to 12 months earlier. The number of permits is a reliable predictor of housing starts. “Most buyers who build a new home are trading up from an existing home, so the strong seller’s market is helping to fuel the new home market,” said Theo. Since the average time from a housing start to completion is 7.4 months in the Midwest, the increased permit activity in 2020 should help mitigate the supply problem in 2021. “We still need to see more inventory of existing homes, but this is a good sign going into the peak sales season,” he said.

On Thursday, the Public Service Commission of Wisconsin (PSC) voted unanimously to allow utilities to move forward with disconnection of service for nonpayment at the end of the annual winter moratorium on disconnections on April 15, 2021. The move comes following a moratorium preventing utilities from disconnection for nonpayment during the ongoing COVID-19 pandemic.

The PSC required utilities that seek to disconnect residential service to file disconnection plans with the Commission if they were planning to disconnect customers after April 15. 254 electric, natural gas, and water utilities submitted disconnection plans by February 15, 2021. Utilities
reported that an anticipated 93,263 residential customers and 4,810 non-residential customers would be subject to disconnection by April 2021. Utilities are required to offer a Down Payment Agreement (DPA) for customers who cannot pay an outstanding bill in full.

To avoid disconnection, customers who have fallen behind on payments are encouraged first to contact their utility to set up a payment plan. If customers are having difficulty paying their energy bills, they may be eligible for assistance from the Wisconsin Home Energy Assistance Program (WHEAP). To apply on line go to energybenefit.wi.gov or to find out where to apply in person or by phone, go to http://homeenergyplus.wi.gov/ or call 1-866-HEATWIS.

The Internal Revenue Service (IRS) issued news release yesterday indicating that the federal income tax filing and payment due date for individuals for the 2020 tax year will be automatically extended from April 15, 2021 to May 17, 2021. The IRS will provide formal guidance in the coming days.

As a result, the Wisconsin individual income tax return filing and payment due dates are extended to May 17, 2021. Wisconsin law provides for an extension of time and waiver of interest and penalties when the IRS extends filing deadlines during a presidentially-declared disaster.

“This has been a hard year for everyone. People are still trying to catch up financially and emotionally. Extending the tax deadline to May 17 should help make things a bit easier for those who need the extra time,” said Department of Revenue Secretary Peter Barca.

• Individuals do not have to file any extension forms to be eligible for this new due date.

• Interest and late filing fees will apply beginning May 18, 2021.

• No underpayment interest will apply for failure to make quarterly estimated individual income tax payments for the 2020 tax year.

• This relief is solely for 2020 individual income tax returns and payments that are normally due on due April 15, 2021.

This relief does not apply to 2021 estimated tax payments for individuals, the first payment of which is due April 15, 2021, or to any other returns or tax payments due to the Department of Revenue.