Assembly Republicans gathered ahead of the floor session to stress the need for bipartisan negotiations and progress on writing the state budget. (Photo by Baylor Spears/Wisconsin Examiner)
With the state’s budget deadline less than a week away, the Wisconsin State Assembly approved a slate of bills that would create new programs but withheld funding, which Republicans said would come later. Democrats criticized Republicans, saying they couldn’t trust that the funding would actually be passed. The body also approved a pair of bills related to nuclear power and bills that will increase penalties for criminal offenses.
Assembly Republicans gathered ahead of the floor session to stress the need for bipartisan negotiations and progress on writing the state budget.
Budget negotiations fell apart last week for the second time as Senate Republicans walked away from talks with Gov. Tony Evers. Senate Majority Leader Devin LeMahieu (R-Oostburg) said in a statement at the time that discussions were “heading in a direction that taxpayers cannot afford.”
Assembly Speaker Robin Vos (R-Rochester) said during a press conference that he has been in communication with Evers, including on Tuesday morning.
Vos said the discussions about child care funding are “preliminary” with “a lot of details to be worked out.” He said Assembly Republicans remain “steadfast” in its opposition to “writing checks out to providers” but are open to working with Evers on child care.
Evers told reporters Monday he wouldn’t sign a budget if it doesn’t include money for child care.
“Republicans need to get their act together and come back and let’s finish it up,” Evers said.
Asked if he would sign a budget that doesn’t include funding for the state’s Child Care Counts program, Evers said “no.”
Evers has not vetoed a budget in full during his time in office, though he has exercised his partial veto power extensively, rejecting major tax cuts and making changes to extend increases for school revenue – to the great irritation of Republicans.
“I think in the end we’ll be able to find a consensus around that topic,” Vos said about child care funding.
Vos also said Republicans are already taking some action related to child care. Assembly Republicans have announced measures including a 15% tax credit for the business expenses at child care facilities, no-interest loans and allowing 16-year-olds to be counted as full staff as ways of addressing the crisis.
Evers said discussions about the funding for the University of Wisconsin had included “a positive number” though he wouldn’t go into details. Last week, Vos said his caucus intended to cut $87 million from the UW system.
“I know we’re going to make investments in trying to make sure that parents have access to child care, I know we’re going to make a historic investment in special ed funding and I know we’re going to do some reforms at the university. Those are all things that we would love to do as part of a bigger deal,” Vos said, adding that legislators have to make sure any plan can get through both the Assembly and the Senate and then to Evers.
Vos said the most thing thing for Assembly Republicans is getting tax cuts passed and signed by Evers, saying they have learned from previous budgets where tax cuts have been vetoed and other parts of the budget is approved. The budget committee has approved a $1.3 billion tax cut package for the budget bill already.
“It’s better for us to find a compromise,” Vos said. “We’d like to have a guarantee from Gov. Evers that we’re going to get tax cuts signed into law. In exchange, he would like a guarantee that we’re going to have some increases in investments that he cares about.”
Rep. Mark Born (R-Beaver Dam) said he is in communication with Sen. Howard Marklein (R-Spring Green) working on figuring out when the budget committee will meet next.
“We’re hopeful our Senate colleagues will join us in the next couple of days,” Born said.
The deadline for the budget — and end of the fiscal year — is June 30.
“I think if we are actively talking about a budget in the next couple of days, we can hammer out details in a hurry. That’s the way budgets are built. If people are ready to work, we’ll get things done,” Born said.
Republicans have a slim 18-15 majority in the state Senate, which is leading to some difficulties passing a budget, as their caucus can only lose one vote and still get a budget passed without Democratic votes. Two members — Sen. Chris Kapenga (R-Delafield) and Sen. Steve Nass (R-Whitewater) — have expressed concerns about the budget.
Nass laid out several “benchmarks” that would get him to vote for a budget in a press release Tuesday, including a $3.5 billion one-time tax rebate that would provide $1,600 to joint filers and $800 to individual tax filers, ensuring the new budget doesn’t create a structural deficit and making cuts of $700 million to $1 billion and no more than $1.5 billion in new bonding for buildings.
“I will not support the Vos-Evers budget proposal because it contains too much spending, special interest pork and the creation of a significant structural deficit,” Nass said. “The Vos-Evers budget plan is neither conservative nor taxpayer friendly. However, if passed it would be a big win for the politicians and lobbyists.”
Sen. Kelda Roys (D-Madison), who is a member of the Joint Finance Committee, called Nass’ proposal “reckless” in a social media post and said Republicans are in “disarray.”
“It shows that Republicans do not care about maintaining the essential services that Wisconsinites need and want — public schools, UW, roads, healthcare,” Roys wrote. “We need a budget by June 30 or all of it is at serious risk.”
Bills passed that will rely on funding in budget
The state budget overshadowed debate about several other bills Tuesday as Democrats complained about the lack of funding included in the bills and the lack of trust they have that Republicans will release the funding.
Republicans, however, said the funding would come later in the budget. A similar argument took place in the state Senate last week.
Republicans are splitting the bills from the funding as a way of working around Evers’ veto power. Evers has objected to this. Evers’ legislative affairs director sent letters to Republican lawmakers telling them that if they want their bills to become law, the policy needs to be included in the budget, the funding needs to be attached to the bill or the bill needs to include language that states the policy only goes into effect if there is funding.
Assembly Minority Leader Greta Neubauer (D-Racine) said at the start of session Tuesday that lawmakers have yet to take meaningful action on the budget and that is unacceptable.
“I want to be very clear about what happens in Wisconsin, if we fail to pass a budget before July 1. There will be no new special education, mental health, or nutrition spending for our schools. Project positions will end overnight. There will be cuts to programs like county conservation and tourism, and much more,” Neubauer said. “There are real consequences to not passing a budget on time. It will hurt Wisconsinites, and it really is unacceptable. It does not need to be this way.”
Neubauer said that Republicans are allowing the “extremists” in their party to hold up the budget process when lawmakers should be listening to their constituents. She said the floor session is an example of Republicans ineffectiveness.
“Even as the budget process is in complete chaos, the majority is writing a series of unfunded bills to the floor that they allege would receive funding in the budget,” Neubauer said. “My biggest question right now is, what budget? Republicans do not have a plan to fund these bills. They do not have a plan for our state budget, and they don’t have a plan to move our state forward. Wisconsin deserves better.”
Unfunded bills create ‘bizarre budget’ process
One bill — AB 279 — would instruct the Wisconsin Economic Development Corporation (WEDC) to create a talent recruitment grant program meant to lure out-of-state families to relocate to Wisconsin. It passed by voice vote.
Rep. Alex Joers (D-Middleton) said he supports the idea but is concerned about the lack of funding.
“It creates a grant program and there’s no grants, there’s no funding in this bill,” Joers said. “You all need to fund your bills.”
Bill author Rep. David Armstrong (R-Rice Lake) said his bill would help communities market themselves to people looking to relocate. He said he delivered five motions to the committee, but none were included. The committee took action on the WEDC budget earlier this month.
“They told me to get these passed through the House and through the Senate and they’ll come back and find the funding,” Armstrong said, adding that he agrees the program shouldn’t be mandated without the money.
SB 106, which the Assembly concurred in, would provide the framework for the Department of Health Services to certify psychiatric residential treatment facilities. The facilities would provide in-patient care for people under 21 and are aimed at helping keep young people in crisis stay in-state for care.
Rep. Robyn Vining (D-Wauwatosa) said it is “outrageous” that the bill doesn’t include funding.
“It’s not a workable bill if it’s not funded,” Vining said. “This is irresponsible governing. It is fiscally irresponsible. You guys have got to stop playing games.”
Rep. Patrick Snyder (R-Weston) said the bill is critical so that young people in crisis have support from the state and their families. When it comes to funding, he said that would come later.
“It will be coming up in separate legislation as we negotiate, as this budget moves forward. We are not going to put a bill out without funding, and I don’t appreciate scare tactics like that because this won’t happen, I have a lot of budget motions, and I am working with JFC to get that accomplished,” Snyder said. “Let’s work on getting the foundation built and then finding out the cost and fund it.”
SB 108 would require DHS to develop a portal to facilitate sharing of safety plans for a minor in crisis with specific people. It passed in a voice vote.
SB 283 requires the Department of Transportation to create a public protective services hearing protection program to provide specialized hearing protection devices to law enforcement and fire departments.
Rep. Jodi Emerson (D-Eau Claire) said the bill is really good, but won’t work without funding.
“We’ve heard that Joint Finance is going to fund something, and it doesn’t happen,” Emerson said. “$15 million for hospitals in the Chippewa Valley still sitting in Joint Finance. Money for the reading program, still sitting in Joint Finance. Money for PFAS, still sitting in Joint Finance. There’s a lot of broken trust between the people of Wisconsin and that committee, so we need to see that the funding is here. We need to see it right now. Otherwise, I don’t see how we can get a bill like this passed.”
Rep. Tip McGuire (D-Kenosha), who is a member of the Joint Finance Committee, said during debate that Republicans have “set the stage for a bizarre budget” by approaching new policy in this way. He said Republicans have previously asked Democrats to trust funding will be released as they’ve allocated funding in a roundabout way, noting that in previous budget cycles lawmakers put money in supplemental funds as a way of requiring additional approval from the budget committee before the money was released.
“I voted for a literacy bill last year — $50 million to help kids read — and that money is still sitting there… We have the ability to appropriate funds, so we could have added funding to all these bills today,” McGuire said.
McGuire said Republicans could be aiming to effectively reduce agencies’ budgets by mandating new projects without including the funding.
“There’s the possibility that this is just a secret way of cutting agencies and of robbing every other program that those agencies administer because that’s what happens if we don’t administer the funds,” McGuire said. “Those agencies have to make the choice between the program that we require them to allocate funds for and other programs… and it makes it harder for people to receive services that they already need.”
Nuclear power bills
The Assembly approved a pair of bills meant to move progress on nuclear energy in Wisconsin, which will now head to Evers’ desk for consideration.
One bill — SB 125 — would require the Public Service Commission to conduct a study to determine potential sites for a nuclear power plant.
The other — SB 124 — would create a Nuclear Power Summit Board in Wisconsin meant to host a summit in Madison to advance nuclear power and fusion energy technology and development and to showcase Wisconsin’s leadership and innovation in the nuclear industry. The summit would need to be held within the month after instruction starts at the new engineering building at UW-Madison, which is supposed to be finished in 2028. The funding for the building was approved by the Legislature and Evers in 2024.
Rep. Supreme Moore Omokunde (D-Milwaukee) said he is concerned about Wisconsin’s energy, but the bills as they are are missing some steps.
“Where’s our integrated resource plan? Have we developed one? In other states, they have an integrated resource plan, which lets us know just how much carbon emitting fuel we need to be producing and let’s not produce any more than that,” Moore Omokunde said. “We need to be determining the speed of nuclear energy, the cost, the safety.”
Moore Omokunde said the state should take an “all of the above” approach and consider different types of energy including nuclear, wind and solar to allow Wisconsin to better decide its “energy future.”.
Snyder said that with technological advances, including artificial intelligence, other types of energy such as windmills and solar won’t be able to provide enough energy.
“This is something for the future. If you want the cleanest energy, you have to include nuclear,” Snyder said. “We can’t be living in the past of Chernobyl. Fear does not move us forward.”
Sortwell compared technological advances in energy production to the difference between the Flintstones and the Jetsons. He said lawmakers worked with Evers’ office and the PSC and other stakeholders on the bill. Evers had proposed including $1 million in the state budget to support a nuclear power plant feasibility study.
“The nuclear renaissance is upon us here in Wisconsin and in the United States, and it’s time for everybody else to get on board,” Sortwell said.
New and increased penalties
The Assembly also passed bills that increase — or create — criminal penalties.
Rep. Ryan Clancy (D-Milwaukee) spoke in opposition to the slate of bills, saying they will contribute to mass incarceration in Wisconsin.
“Locking people up does not need to be the solution to every single piece of legislation,” Clancy said. “Incarceration has become this Legislature’s default response to every single claim you think is wrong in this state. It’s incredibly harmful and it doesn’t work.”
AB 26 would make it a Class H felony to threaten or commit battery against a juror or a member of a juror’s family.
While talking about this bill, Rep. Shae Sortwell (R-Two Rivers) said he was thankful Clancy was in the “minority of the minority of the minority” on the issue. He said it would help protect family members of jurors.
“While you may as an individual juror not feel particularly at risk yourself, maybe you’re concerned about your family being threatened, and so this is making sure once again that we have a justice system that is deciding on the merits of the case,” Sortwell said.
AB 35 would change current law that says candidates can’t remove their names from ballots unless they are dead. The bill comes in reaction to Robert F. Kennedy Jr. trying unsuccessfully to remove himself from the Wisconsin presidential ballot in 2024 after he dropped out and endorsed President Donald Trump.
Under the bill, candidates withdrawing from national or statewide races would have to pay the Wisconsin Elections Commission a $1,000 fee — or $250 for a non-statewide office.
The bill would also make it a Class G felony with a maximum penalty of up to $25,000 and imprisonment for up to 10 years if someone intentionally makes or files a false statement withdrawing a person’s candidacy.
AB 53 would also make it a Class H felony to cause or threaten to cause bodily harm to a community service officer in response to an action the CSO took in an official capacity. It is currently a class A misdemeanor to cause bodily harm to another person.
AB 65 would make it a Class F felony with a maximum penalty of $25,000 and 12 years and 6 months in prison if someone intentionally enters another person’s home without consent with intent to commit battery.
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