News of the Day

Wisconsin Appeals Court Sides Against Business Group in Effort to Block Release of COVID-19 Data

A Wisconsin appeals court panel on Monday reversed a lower court order blocking the release of state health department data on businesses linked to COVID-19 cases, siding against a powerful Wisconsin business association.

The Madison-based 4th District Court of Appeals sent the lawsuit, brought by Wisconsin Manufacturers and Commerce against Gov. Tony Evers’ administration, back to circuit court with orders to dismiss it.

According to the state Department of Justice, the state can release the records in question once the court-imposed injunction is lifted, a process which involves a 30-day lag to give WMC and other business groups the chance to appeal to the Wisconsin Supreme Court, which they have vowed to do. The Wisconsin Supreme Court could prevent the release of the records if it takes up the case.

The state Department of Health Services since last summer had planned to release the names of more than 1,000 businesses with more than 25 employees where at least two workers have tested positive for COVID-19. That prompted an outcry from Wisconsin businesses, which said releasing such information to the Milwaukee Journal Sentinel and other media outlets that requested the information, including the Wisconsin State Journal, would have severe impacts on companies already struggling through the pandemic.

Gov. Tony Evers’ administration briefly reversed course, but the governor in the fall told reporters the administration planned to release the information in the near future, prompting legal action.

Wisconsin Manufacturers and Commerce, the state’s largest business organization, along with the Muskego Area Chamber of Commerce and New Berlin Chamber of Commerce and Visitors Bureau, filed a lawsuit in Waukesha County Circuit Court against Evers, then-Health Secretary Andrea Palm and Administration Secretary Joel Brennan, seeking to block the release of business names. The business groups allege the information they want blocked is derived from diagnostic test results and the records of contact tracers, and that such information constitutes patient health care records that must be kept confidential.

CDC Announces New Travel Guidance for Fully Vaccinated Americans

On Friday, The Centers for Disease Control announced some welcome news for the travel industry.

Fully vaccinated Americans who are wanting to travel – as long as they continue to mask up and follow social distancing guidelines – can proceed with caution.

“For domestic travel, fully vaccinated people do not need to get a COVID-19 test before or after travel, and do not need to self-quarantine after travel,” said CDC Director, Dr. Rochelle Walensky.

“We in the travel industry are applauding the CDC for moving forward,” said Rose Gray of Fox World Travel. “Truthfully, as excited as we are about the news, we’re hoping to see more of this.”

Gray doesn’t think it’ll have too much of an impact on people who are comfortable traveling despite their vaccination status.

“The CDC never required that you do that quarantining, and truthfully, I don’t know how many people did that quarantining,” Gray said. “I would hazard to guess, and say few.”

International travel restrictions on Americans haven’t been changed. Neither have restrictions for Americans traveling to some states like Hawaii, which requires a negative COVID-19 test or a 10-day quarantine before entering.

DWD Sees Surge in UI Benefit Fraudulent Activity

The Department of Workforce Development (DWD) is warning Wisconsinites about a significant increase in fraudulent activity related to unemployment insurance benefits.

Yesterday, DWD received reports of an email phishing attack coming from a fake account called the “Wisconsin Department of Workforce.” The email requests unemployment insurance information and includes a link to a document where the recipient is asked to fill in personal information. It’s important to remember that while unemployment insurance claims specialists and adjudicators can send secure messages through the UI claims portal, they will never request information through email.

Scammers are also trying to access information through social media. This morning, the department worked with Facebook to take down a fake DWD page that popped up overnight. Scammers were using the fake account to interact with people commenting on DWD’s legitimate Facebook page. The fraudulent account was shut down quickly and it does not appear that anyone gave out personal information. DWD’s real Facebook page has a blue checkmark that indicates it is a verified account. The department has also reported several accounts to Twitter that were phishing for information from posters on that platform.

DWD has also been receiving an unusually high number calls to its IT Helpdesk for password resets or authorizations. The callers appear to be mostly impersonators attempting to gain access to unemployment insurance accounts. DWD’s UI Fraud Investigations Unit is verifying whether calls are legitimate before any action is taken to change account information.

If you receive a request for information and are unsure if it came from Wisconsin Unemployment Insurance, contact a claims specialist at (414) 435-7069, or toll free at (844) 910-3661.

For more information about how to protect yourself from unemployment fraud and scams visit: dwd.wisconsin.gov/ui/fraud/.

If you think you’ve been a victim of identity theft, contact the Consumer Protection Hotline at (800) 422-7128 or DATCPHotline@Wisconsin.gov.

Wisconsin Supreme Court Strikes Down Statewide Mask Mandate

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.”

Governor Evers Announce Everyone 16 and Older Eligible for COVID-19 Vaccine Starting April 5

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.

Governor Evers to Direct $2.5 Billion in Federal Relief Money to Economic Recovery in Wisconsin

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.

IRS: Personal Protective Equipment to Prevent the Spread of COVID-19 are Tax Deductible

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.

Governor Evers Approves Plans for Ho-Chunk Casino in Beloit

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.

The U.S. Department of the Interior in April approved taking 32 acres just north of the Illinois border into trust for the purpose of developing the complex. Federal law gives governors the power to approve or reject off-reservation casinos.

The complex would include one of the largest casinos in the state as well as a 300-room hotel with more than 45,000 square feet of meeting and convention space, and a 40,000-square-foot indoor waterpark.

The Department of the Interior now must issue a final determination on taking the land into trust. Evers and the Ho-Chunk then must amend the tribe’s gaming compact with the state.

“As we work to bounce back from this pandemic, we must do everything we can to support economic development in communities across our state,” Evers said in a statement.

The Ho-Chunk already run three casinos in Wisconsin — one in Nekoosa, one in Baraboo and one in Black River Falls. The tribe’s gaming compact with the state allows it to operate a fourth. Plans for the Beloit facility have been in the works for more than 20 years.

Beloit voters approved the project in a 1999 referendum. The tribe purchased the land in 2009 and has been working to win federal and gubernatorial approval to build a casino there since 2012.

Wisconsin Personal Income Growth among Slowest in the Country in 2020

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 46th in the country. On a per capita basis, Wisconsin personal income increased 4.3%, which ranks 42nd 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 32nd 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 31st in the country while the durable goods manufacturing wage decline ranked 34th. 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.

Wisconsin Legislature Approves Funding Bill for Utility Ratepayer Advocate

Wisconsin lawmakers have approved a bill to provide the state’s consumer advocate with funding to negotiate more favorable utility rates.

The bill, passed by the Senate Tuesday, would direct $900,000 a year from ratepayers of Wisconsin’s investor-owned utilities to the Customer Utility Board (CUB), an independent nonprofit organization established by the Legislature to represent utility customers. Funding would be administered by the Public Service Commission, which would have oversight of the organization’s budget.

“Wisconsin homeowners, renters and small businesses will now have an even more effective consumer advocate working on their behalf in the years ahead,” said CUB executive director Tom Content.

Content said the additional revenue will allow CUB to expand its staff and better represent ratepayer interests under a 2018 law that encourages utilities to negotiate rates with consumer advocates and other interested parties.

The new model is expected to cost customers of investor-owned utilities a little less than 2 cents a month. Content said that in the past 15 years CUB has saved ratepayers $3.6 billion, a return of $170 on the dollar.

The bill prohibits CUB from using that funding on lobbying or work on rates and practices of municipal utilities, though it would be eligible to receive up to $100,000 in additional funding from the PSC for other work, such as intervention in a water rate case.

The bill also streamlines some PSC regulatory procedures, including:

  • Allowing utilities to file a single application to build a generator and associated transmission line; current law requires a separate application for the line.
  • Doubling the cost threshold to $5 million for natural gas projects requiring commission approval.
  • Eliminating the requirement for the PSC to conduct an environmental review of its 2-year strategic energy plan.

The bill, passed unanimously by the Senate and Assembly, now heads to Gov. Tony Evers, who previously endorsed the proposal and included most of the language in his biennial budget.