Senate Chambers in the Wisconsin State Capitol. (Baylor Spears | Wisconsin Examiner)

During its last floor session of the year, the Wisconsin Senate passed bills Tuesday that would eliminate the annual $325 per pupil revenue increase for school districts, define abortion to not include treatment for ectopic pregnancies and other emergency medical conditions and block state and local dollars from being used on health care for people not legally in the country.

Senate Minority Leader Dianne Hesselbein (D-Middleton) said she is “dismayed” and “disgusted” that lawmakers were not taking up bills that focused on affordability. She said she is open to working across the aisle on the issue.

“Republicans do not care about affordability, and they have no plan about affordability either,” Hesselbein said. “There are no bills on this calendar that will lower prescription drug costs, increase access to health care, lower housing costs or make child care more affordable.”

Sen. Sarah Keyeski (D-Lodi) noted a few of the more than 60 bills lawmakers were scheduled to take up and questioned whether they addressed pressing matters. 

“Republicans, who determine the issues and bills we focus on, today are addressing things like exempting tobacco bars from the public smoking ban, delaying the implementation of commercial building code rules,” Keyeski said. “While these may be worthy issues to discuss, I would suggest that it does not meet the threshold of emergent need when families are facing dire economic circumstances. GOP legislators are essentially forcing us to sit idly by and watch Wisconsinites suffer.”

Senate Majority Leader Devin LeMahieu (R-Oostburg) said at a press conference that Democratic lawmakers were just “filibustering” and rejected the claim that Republicans weren’t working to help with affordability in the state.

“We passed a budget which had the second largest tax cut in state history to get money back into people’s pockets for utility bills, for retirees on fixed incomes, for middle class tax cuts. We’re doing everything we can to try to keep things affordable, ending the 400-year veto so taxes don’t go up in the next budget process,” LeMahieu said. “We are very concerned. It seems like Democrats can make these statements, but yet they’re introducing bills that let local governments increase their levies to tax, raise property taxes, and everything else, so it seems a little disingenuous.”

Republicans advance bill to eliminate 400-year veto

The Senate voted to pass a bill that would reverse Gov. Tony Evers’ partial veto that extended school revenue limit increases for 400 years. 

Lawmakers during the 2023-25 state budget gave school districts a $325 increase to schools’ revenue limits for the 2023-24 and 2024-25 school years. When the bill reached Evers’ desk, he exercised his partial veto power, striking two digits and a dash from the years to extend the annual increases through 2425, to lawmakers’ dismay. The Wisconsin Supreme Court ruled in April that the partial veto was within Evers’ powers.

In response, lawmakers introduced SB 389 to eliminate the $325 per pupil school revenue limit increase beginning in the 2027-28 school year. It passed along party lines. 

“We’re very concerned with the ruling of the state Supreme Court, but what we want to do is to clarify that the original intent of the Legislature in the budget was to increase school funding for the next budget period,” Sen. Chris Kapenga (R-Delafield), a coauthor of the bill, said. “He changed the bill in a way that no governor in the history of the state of Wisconsin has changed [a bill], and that’s very concerning for us because the Legislature is where the voice of a people is supposed to take place, and the governor is supposed to look at that and use his veto authority to determine where he stands on that, but he went far beyond what’s ever been done before.”

Democratic lawmakers defended the revenue limit increases, saying it is helping school districts that have struggled without inflationary increases in state funding.

“As fists clench over the 400-year veto, know this, it doesn’t even make up for inflation. What it does is, it provides a minimum increase for what people can expect,” Sen. Chris Larson (D-Milwaukee) said. “Unfortunately, with this vote, it is trying to go back and trying to actually make a horrible budget even worse by saying not only are we giving you zero dollars in general aid increase…, but more than that, we’re also going to bar the local school district from making up for that gap by being able to allow them to vote for an increased property tax.”

Larson said that the law could have been changed during the 2025-27 state budget process and that it is the state’s fault that property taxes are bearing the brunt of the increases.

“Everybody who voted for the budget, in essence, voted for the continuation of the $325 dollars per pupil increase to be passed on to local taxpayers to make up the difference,” Larson said. “If you had wanted to change it, there were two things that you could have done. One, you could have voted to have that ended and substituted with a different per-pupil increase. Second thing is, you could have had the state actually fund those increases using funds from the increasing general aid or using the vast surplus that we have, taking money from the agriculture manufacturing tax credit [or] anywhere else, and you could have actually funded our kids.”

Redefining abortion

The Senate also passed SB 553, which seeks to redefine abortion to exempt treatments for certain medical conditions including the removal of a dead embryo or fetus, an ectopic, anembryonic or molar pregnancy.

Bill coauthor Sen. Romaine Quinn (R-Birchwood) said during a press conference that he wanted to remove confusion from state statute, saying he is “pro-life” and hasn’t wanted to stop women from being able to receive the medical care that they need. 

“Women who need medical attention due to situations of stillbirths, miscarriages, ectopic pregnancies or other related issues, can and should receive the care that they need. That has always been the pro-life position,” Quinn said. “This bill before us today does not ban abortions. It does not restrict abortions, it simply clarifies our laws so that both women and medical providers can do what is necessary in those situations.”

Wisconsin has a web of abortion restrictions in place, including a 20-week ban, but confusion soared in the state after the U.S. Supreme Court overturned Roe v. Wade. An 1849 law interpreted as a near-total abortion ban led health care providers afraid of felony charges to deny care to women who faced miscarriage and life-threatening pregnancy complications.

Recently, Planned Parenthood of Wisconsin, the state’s largest abortion provider, stopped providing abortion care in part due to federal changes.

Sen. Kelda Roys (D-Madison) said the lawmakers were trying to distance themselves from “the horrors that we are seeing in states that have banned and restricted abortion.” The Assembly coauthor, Rep. Joy Goeben (R-Hobart) said in September that she introduced it in part because Republicans are getting “killed” on the abortion issue during elections, although she said she favors a total abortion ban.

“Women being turned away from hospital emergency rooms repeatedly, being left to bleed out in Walmart parking lots. In fact, women are dying because they are denied timely abortion care that could easily have saved their lives, and their children left orphaned,” Roys said. “That’s the reality of what it looks like when you ban and restrict access to abortion in this country.”

Recent polling done by Marquette Law School found that abortion policy has declined as a “most important” issue among voters across all partisan groups in 2025 as compared to 2022, although 50% of respondents still said they were “very concerned” and 23% said they were “somewhat concerned” about the issue. 

Another recent poll found that 78% of voters support protecting health care professionals from criminal charges related to providing abortion care and 72% of voters favor allowing advanced health care providers like nurse practitioners and midwives to provide abortion care.

Roys said she was also concerned that the bill could push physicians to do emergency C-sections rather than terminate pregnancies as a way of addressing health issues. 

“Abortion is a necessary medical procedure that sometimes pregnant people need to save their lives, to preserve their health, to preserve their future fertility, and nothing in this bill is going to change that,” Roys said. “This bill will instead push physicians to force women to have unnecessary C-sections or to induce delivery rather than providing them with abortion. A C-section is much more dangerous. It is much more invasive. It’s major abdominal surgery that takes weeks or months to recover from, and it also impairs a woman’s future ability to be pregnant to have the labor and delivery that she wishes.”

The bill will now go to the Assembly for consideration. 

Restricting health care for immigrants

The Senate concurred 21-12 in AB 308, which would prohibit state, county, village, long-term care district and federal funds from being used to subsidize, reimburse or provide compensation for any health care services for a person not lawfully in the United States. Sens. Sarah Keyeski (D-Lodi), Brad Pfaff (D-Onalaska) and Jamie Wall (D-Green Bay) joined Republicans in favor. 

Bill coauthor Sen. Van Wanggaard (R-Racine) said the bill would ensure that Wisconsin doesn’t begin spending large amounts of money on people who aren’t legally in the country. He noted that other states, including Minnesota and California, have rescinded or paused providing coverage for people not legally in the U.S. 

“[Illinois] did an audit and found that they had spent nearly $900 million on health care benefits for illegal aliens, about a 200% increase, and then in Minnesota, the Legislature, by bipartisan vote, they voted to end the eligibility for illegal immigrants due to questions about their state’s financial well-being, and then, lastly, wonderful, California. Gov. [Gavin] Newsom recently froze enrollment of illegal immigrants into the state’s medical programs, citing California’s $12 billion budget deficit,” Wanggaard said at a press conference. “We’re looking at something that is really a no-brainer.”

Wisconsin already doesn’t allow immigrants without legal authorization to apply for the state’s Medicaid program, BadgerCare.

There are two programs available to those without legal status outlined on the Department of Health Services website: Medicaid Emergency Services, which provides short-term medical coverage for people who have a medical emergency and aren’t eligible for BadgerCare Plus or Wisconsin Medicaid, and BadgerCare Plus Prenatal Plan, which provides health care coverage for pregnant mothers who are not eligible for BadgerCare Plus due to immigration status or being in prison or jail.

Democratic lawmakers accused Republicans of seeking to make a political point and neglecting to address health care costs and accessibility.

“We are not in an affordability crisis because of less than 1% of BadgerCare funds that are used to save lives,” Sen. Dora Drake (D-Milwaukee) said. “This is cruel, it is a mean-spirited bill that is attempting to score cheap political points off of a group that’s already marginalized enough.” 

Advocates have warned that the bill could have a “chilling effect,” discouraging people from seeking care when they need it.

“Why is this sort of thing even coming up for discussion? Are we that heartless? Have we really lost our vision for this country?” Sen. Jeff Smith (D-Brunswick) asked. “These are all messaging to somebody’s base. Terrible people who are coming here to work in our factories, in our fields without the proper papers need to be punished… How heartless are we to make political points? Go ahead and make your god dang political points.”

The Assembly passed the bill in September, so it will now go to Evers for consideration. 

Other bills passed by the Senate Tuesday include:  

• AB 165, which would ban local governments from using tax money to create guaranteed income programs without a work or training requirement. The Assembly passed the bill along party lines in April and the Senate concurred in it 18-15 so it will now go to Evers for consideration. 
• AB 265, which would require judges to sentence people convicted of human trafficking to at least 10 years in prison, or at least 15 years for trafficking a child, was concurred in in an 18-15 party line vote. Democratic lawmakers expressed concerns about young victims of sex trafficking potentially facing mandatory minimums if they are forced to participate in trafficking, while Republicans brushed away those concerns. 
• SB 498 passed 17-16 with Sen. Steve Nass (R-Whitewater) joining Democrats against it. The bill would place specific freedom of speech requirements into state statute, including barring campuses from restricting speakers on campus, and implement new penalties, including a tuition freeze, if a campus violates any parts of the bill.
• SB 394 would make it a Class I felony to damage or graffiti structures, plaques, statues, paintings or other monuments on public property or that is maintained by the state or any county or municipality. It passed 18-15 along party lines.
• SB 11, which would require school districts to provide an opportunity for certain federally chartered youth membership organizations, including the Girl Scouts, to give students information about their organizations. It passed by a voice vote. The Assembly is scheduled to vote on the bill on Wednesday.
• SB 16, which would make the Wisconsin Interscholastic Athletic Association subject to open records and open meeting laws, passed 22-11.

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“All they do is critique process and complain about things,” Senate Majority Leader Devin LeMahieu said of his Democratic colleagues. “But we're getting bills done.” (Baylor Spears/Wisconsin Examiner)

The Wisconsin State Senate met for a floor session for the first time in over 90 days, advancing bills that would ban cellphones in schools, require coverage of breast cancer screenings for women at high risk and allow candidates to remove themselves from ballots. 

Ahead of the session, Senate Democrats criticized their Republican colleagues for the sparse number of floor days and for the issues they chose to take up. 

“We are feeling the effects of the big, ugly bill on our families, our farmers and our neighbors who need food assistance or who are covered by Medicaid,” Senate Minority Leader Dianne Hesselbein (D-Middleton) said at a press conference. She was referencing the federal law approved over the summer that made cuts to the SNAP and Medicaid programs to help pay for tax cuts. “So what is the Republican agenda today? Nothing that addresses any of those concerns. The fact that some Republicans are here at all in this building is pretty unusual.” 

The Democrats displayed a poster that showed the number of times the Senate has met per legislative session from 2003 to 2025. Tuesday was the first time the Senate has been on the floor since July, when lawmakers passed the current state budget. 

During the current two-year session, the Senate has held seven floor sessions. In 2019, the Senate met 13 times on the floor. 

“We are on the path to become one of the least active state Senates in Wisconsin’s history. It’s irresponsible and reckless, but this is the Republican majority,” Sen. Dora Drake (D-Milwaukee) said, adding that Tuesday also marks the 14th day of the federal government shutdown.

According to WISN 12, the Wisconsin Department of Health Services (DHS) has said there is enough funding for WIC and FoodShare benefits through October, but those programs will face shortfalls if the shutdown continues into November. Wisconsin Gov. Tony Evers has said he would consider  taking executive action if the shutdown continues.

“Congressional Republicans are refusing to extend Affordable Care Act subsidies that would prevent Wisconsinites from seeing their monthly insurance premiums doubled next year,” Drake said. “There is not one item on our calendar today aimed at making health care more affordable for Wisconsinites or to lower costs for Wisconsin families.”

Senate Majority Leader Devin LeMahieu (R-Oostburg) said that compared to the Assembly, the Senate typically takes up a larger schedule of bills when it comes in. The Assembly has met three times this fall. 

“All they do is critique process and complain about things,” LeMahieu said of his Democratic colleagues. “But we’re getting bills done.” 

LeMahieu added that the Senate is going to meet in November, January, February and March before the end of the legislative session. Legislators will “keep looking at different things” to address gaps caused by the federal government shutdown, he added.

Cellphone ban bill

The Senate voted 29-4 to concur in a bill that will require school districts across the state to adopt a cellphone ban policy. The four opposing votes came from Democrats.

Under AB 2, school districts’ policies would need to ban cellphones during instructional times. School boards would be required  to implement the new policy by July 2026 and would need to include exceptions for emergencies, for educational purposes and cases involving student health care, individualized education plans (IEPs) or 504 plans (learning environment accommodations). 

“These are devices that are taking away from our kids’ learning, and folks are asking us to do something about it,” Sen. Rachael Cabral-Guevara (R-Appleton) said at a press conference ahead of the session.

A recent Marquette Law School poll found that 89% of voters support banning cellphones during class periods. The poll also found that 72% of voters support banning cellphones throughout the school day, including lunch and between classes. 

“Wisconsin wants this. Wisconsin is asking for this,” Cabral-Guevara said on the floor. 

According to NPR, at least 31 states and Washington D.C. had adopted a cellphone ban as of September. 

According to a recent Wisconsin Policy Forum report, cellphone policies vary widely across the state, though most school districts already restrict student cellphone usage to common areas. 

Sen. Melissa Ratcliff (D-Cottage Grove) listed a number of concerns about the bill, including whether the bill would impede parents’ ability to communicate with their children when there are safety concerns and would hinder local control. 

“Why are we, the state, worried about taking away kids’ cellphones before we enact legislation that prevents kids from having access to guns and prevents mass shootings?” Ratcliff asked. “While I understand the intent behind this bill, which is to reduce distraction in the classroom, we cannot ignore the profound and tragic reality of our current times. This measure, though well-meaning, would be a dangerous step backward in ensuring the immediate safety of our children, especially in the wake of recent horrific shootings.”

Cabral Guevara noted that the bill includes an exception for emergencies. 

The bill passed the Assembly in February, so it will now go to Evers’ desk.

Lawmakers also concurred in AB 5, which would implement new requirements for allowing residents to inspect textbooks, curriculum or instructional materials. 

Wisconsinites currently have the ability to submit open records requests to school districts to receive school materials. Under the bill, school districts would need to comply with requests within 14 days and textbooks would need to be listed online. 

This is the third session where lawmakers have pursued this policy. The 2023-25 version of the bill passed the Assembly, but never received a vote in the Senate. The 2021-23 version was vetoed by Evers. 

The current iteration of the bill passed the Assembly earlier this year.

Breast cancer screening coverage

Lawmaker advanced a bill that would require health insurance policies to provide coverage for diagnostic breast examinations and for supplemental breast screening examinations for an individual who has dense breast tissue. It would require that coverage include no patient cost-sharing.

The bill, SB 264, passed 32-1. Sen. Chris Kapenga (R-Delafield) was the lone opposing vote. 

According to KFF, breast cancer is the most diagnosed cancer among women in the United States and the second leading cause of cancer death. According to the American Cancer Society, women with dense breast tissue have a higher risk of breast cancer. Dense breast tissue can also make it harder for radiologists to see cancer on mammograms. 

Cabral-Guevara said she started work on the bill when a constituent of hers, Gail Zeamer, came to her about the issue. Previous versions have failed two times before. 

Zeamer was diagnosed with cancer at a late stage. She had dense breast tissue and didn’t receive additional screening. She battled cancer for eight years and passed away in June 2024 at the age of 56.

During the press conference, Cabral-Guevara said that “40% of the women in Wisconsin have dense breasts… if you’re one of those 40%, you do need a secondary screening to be truly covered to determine if you do not have breast cancer.” 

“In memory of Gail, who has passed, as well as all the other women that have been affected by breast cancer living as well as deceased,”  she added,  “this bill is a true testament that we can work together here in this Capitol building and get things done.” 

Wisconsin already requires that insurance policies provide coverage for two mammograms for women between the ages of 45 and 49 and annual screenings for women over the age of 50. Insurance companies are not required to cover additional screenings for women with dense breast tissue or at higher risk. 

Speaking in favor of the bill, LeMahieu shared that his wife was diagnosed with breast cancer and she has dense breast tissue. He said they have been on a journey to deal with the diagnosis. 

“There are people who don’t know their risk that they have dense breast tissue. They don’t know that a simple mammogram might not catch it. Fortunately, she did her research,” LeMahieu said. “My wife is the exact type of person this bill is intended to help.”

The bill is now in the Assembly where the Health, Aging, and Long-Term Care Committee is scheduled to have a public hearing on it Wednesday. 

Allowing candidates to remove their name from ballots

The Senate also concurred in AB 35 in a 19-14 vote. The bill would make it easier for candidates to remove their names from ballots in Wisconsin. Sen. Kristin Dassler-Alfheim (D-Appleton) joined Republicans in favor.

Lawmakers introduced the bill after Robert F. Kennedy Jr. was not allowed to remove himself from the Wisconsin presidential ballot in 2024 after he dropped out and endorsed President Donald Trump. Currently, candidates can only have their names removed if they are dead. 

Sens. Chris Larson (D-Milwaukee) proposed adding additional language so that the law would only apply if someone hadn’t been bribed to get out of a race. 

“There are instances in our recent past where candidates have been taken aside and promised positions if they agree to drop their candidacy, so if we want to make sure we have the integrity of free and fair elections without the interference of corrupting influence. This is one small step in that,” Larson said. 

His amendment was voted down by Republicans. 

Sen. Mark Spreitzer (D-Beloit) said he has similar concerns about someone being pressured out of a race and also concerns about how the withdrawal mechanism would practically work. 

“Once [a] primary is done and somebody has won and their name is going to be printed on the general election ballot, if you take their name off, then you have now denied voters potentially a choice between one of the two parties, and there’s no mechanism in this bill to actually replace that party’s nominee on the ballot,” Spreitzer said. “If there were such a mechanism — and other states have that — I’d be open to something like this, but here, there could be a situation where a safe Democratic seat or a safe Republican seat ends up without a name.”

Candidates withdrawing from national or statewide races would have to pay the Wisconsin Elections Commission a $1,000 fee. Non-statewide candidates would need to pay $250. Under the bill, a person would face a Class G felony with a maximum penalty of up to $25,000 and imprisonment for up to 10 years if they intentionally filed a false statement withdrawing a person’s candidacy. 

Other bills advanced by the Senate: 

• SB 214, which would allow health care providers with a credential from another state to provide telehealth care services in Wisconsin. It passed 18-15 along party lines and will now go to the Assembly. 
• AB 39, which would require state employees to return to in-person work for at least 80% of their time, passed 17-16 with Sen. Howard Marklein (R-Spring Green) joining Democrats against it. It passed the Assembly in September and will now go to Evers. 
• AB 162, which would require state agencies to collect a series of metrics on training and workforce development programs, including the unemployment rates and median earnings of participants six months after they graduate from a program. The Senate concurred along party lines. It now goes to Evers.
• AB 168, which would allow felony fraud claims related to unemployment to be prosecuted up to eight years after a crime was committed, passed along party lines. The  current statute of limitations is six years.
• AB 169, which would allow an employer to report to the Department of Workforce Development an unemployment recipient who declines or fails to show up to a job interview or declines a job offer. A report could be used to determine benefits. It will now go to Evers.

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