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The manufacturer of a firefighting foam that contaminated the water supply in northeastern Wisconsin with PFAS chemicals for decades agreed to a $10 million settlement with the state, the governor and attorney general announced on Thursday.

The settlement comes as residents, communities, regulators and environmental activists across the country are struggling with how to address contamination from PFAS, also known as “forever chemicals.”

Democratic Gov. Tony Evers hailed the settlement with Tyco Fire Products as a “historic and important milestone” in the fight for clean water. The lawsuit filed in 2022 alleged that Tyco, a subsidiary of Johnson Controls, had contaminated the area around a firefighting training center since the 1960s and did not do enough to address it.

“Today’s a key step toward making sure polluters are held accountable, take responsibility for their actions, and ensure Wisconsinites don’t have to foot the bill for cleaning up the messes that others made,” Evers said in a statement announcing the deal.

But residents of the affected city of Marinette were hoping for more.

“The word of the day is underwhelming from our perspective,” said Doug Oitzinger, a former mayor of Marinette and current president of the advocacy group Save Our Water. “The dollar amount disappointed us. Ten million is kind of a drop in the bucket.”

Tyco ended outdoor training sessions with the foam containing PFAS chemicals in 2017. Also that year, the company first started providing bottled water and water purification systems to affected residents. The company says it has spent more than $100 million addressing the contamination.

Tyco said in a statement Thursday that it was pleased to have reached the deal, saying it “reflects the extensive work Tyco has undertaken” to address PFAS pollution.

“We’ve been part of the Marinette community for over 100 years and the spirit of doing what is best for our neighbors and the environment will continue to be our priority,” the company said.

PFAS are often referred to as forever chemicals because they resist breaking down, whether in well water or the environment. In the human body, they accumulate in the liver, kidneys and blood. Research has linked them to an increased risk of certain cancers and developmental delays in children.

The chemicals were developed as coatings to protect consumer goods from stains, water and corrosion. Nonstick cookware, carpets, outdoor gear and food packaging are among items that contain the chemicals. They also are an ingredient in firefighting foams.

Government estimates suggest that up to half of all U.S. households have some level of PFAS in their water — whether it comes from a private well or a tap. It is a widespread problem in Wisconsin and spawned numerous lawsuits.

Under the terms of the settlement announced Thursday, Wisconsin will put the $10 million from Tyco into a trust fund earmarked for PFAS cleanup. Tyco also agreed to continue to provide for replacement wells to provide clean drinking water to affected residents, conduct required monitoring and reporting, and implement further measures for the long-term remediation of the area.

The lawsuit, filed by Democratic Wisconsin Attorney General Josh Kaul, alleged that the company violated state law when it failed to notify regulators about a PFAS discharge and did not investigate or remediate the contamination around the Fire Technology Center in Marinette, a city of about 11,000 people that borders Michigan’s Upper Peninsula.

Tyco officials said at the time the lawsuit was filed that the company has invested “considerable resources” on investigating and remediating PFAS pollution from the Marinette firefighting training facility, including offering bottled water and in-home filtration systems to affected residents as well as building a groundwater pollution extraction system.

A second lawsuit filed by the state against Tyco and more than a dozen other companies over PFAS contamination in Wisconsin remains active.

The settlement announced Thursday will take effect if it’s approved by the judge overseeing the case.

Oitzinger, the former Marinette mayor, said Tyco was getting off too easy.

“Legally you may have gotten off of some hooks, but morally you’re not there,” he said. “You’re not there by a long shot.”

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletters to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Tyco agrees to $10 million settlement with Wisconsin over PFAS water contamination is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

The state of Wisconsin and Tyco Fire Products have reached a settlement agreement to help clean up the environment and provide clean drinking water in Marinette, where the company’s actions have caused PFAS contamination in the city water supply. 

Under the settlement, Tyco agreed to pay $10 million into the state’s PFAS remediation trust fund, provide clean drinking water to residents in the affected area and work with the Department of Natural Resources to clean up the contamination. The agreement concludes a lawsuit filed by the state Department of Justice against Tyco in 2022 in which the state accused Tyco of failing to notify the state of the PFAS discharge and then failing to properly remediate the pollution. 

A separate legal action in which the state sued the manufacturers of products containing PFAS, including Tyco, is still pending. 

Officials on Thursday celebrated the settlement as a historic first for the state in its efforts to hold polluters accountable for the PFAS pollution that has affected communities across Wisconsin. 

“Today is a historic and important milestone in our fight to make sure every Wisconsinite has access to clean and safe drinking water, whether they live in Marinette or Stella or on French Island or anywhere in between,” Gov. Tony Evers said in a statement. “While today is an important victory, we know our work cannot stop. For the folks in Marinette, this day has been a long time coming, but we know that for so many families and communities across our state, dealing with PFAS pollution is still a daily reality. Here in Wisconsin, we must keep working to tackle PFAS head-on, and that includes continuing to hold PFAS polluters accountable for the damage they’ve caused and are causing across our state.”

PFAS are a group of manmade chemical compounds commonly called “forever chemicals” because they don’t break down in the body or environment. They’ve been used in household goods such as non-stick pans and fast food wrappers, as well as certain kinds of firefighting foam. PFAS have been connected to health problems, including birth defects and certain types of cancer. 

The settlement marks another action by the state this year to address the state’s PFAS problems. In April, Evers signed into law a bill that will release $125 million to help communities test for and clean up PFAS contamination in the local water. 

The enactment of that law ended a multi-year legislative saga to reach bipartisan agreement on how to best structure the clean up programs and who should be held responsible for the pollution. 

“Municipalities like Marinette and Peshtigo have waited far too long for this day to come. Now, the work begins to turn this settlement into relief for pollution victims,” Sen. Eric Wimberger (R-Gillett), the PFAS law’s main author, said in a statement. “Now, every single dollar from the Tyco settlement will go into the PFAS Trust Fund and be used to support affected victims and communities.”

But clean water advocates in the area said in a Thursday evening press release they’re disappointed in the settlement — mostly due to the state’s agreement to reduce the area for which Tyco is being held responsible. SOH20, a Marinette-based group that has pushed for better protections of PFAS-affected communities across the state, said that the boundaries the state agreed to means that 80 households with contaminated private wells won’t get the support they need.

“Safe drinking water should never become a competition between contaminated communities,” said SOH2O. “By placing these funds into a statewide PFAS trust fund, impacted residents across Wisconsin are now forced to compete against one another for limited resources, despite all communities being equally deserving of clean, safe drinking water.”

This report has been updated with a statement from SOH20 in Marinette.

Reading Time: 5 minutes

Marshall Jones is a good test case for your opinion about the state’s revived commutation process. 

In April, Gov. Tony Evers announced he was restarting the commutation process – a form of clemency that allows governors to change prison sentences for incarcerated people. 

In a statement, Evers said he was trying to move Wisconsin’s “justice system into the 21st Century by reforming our criminal justice and corrections systems to improve public safety, reduce the likelihood that individuals will reoffend when they enter our communities and save taxpayer dollars in the long run.”

Some supporters of Evers’ decision say people can change after decades in prison and that remaining there no longer serves any beneficial purpose. 

However, critics question whether people convicted of serious violent crimes should ever be released early.

Jones sits at the center of these views.

He was sentenced in 2004 to two consecutive terms of life in prison without parole after pleading guilty to two counts of first-degree intentional homicide. 

He said he fully acknowledges his crimes, which occurred during an armed tavern robbery in Racine, and continues to have remorse over them. 

“No amount of right I have done would ever erase the wrong I have done to my victims and their families, and I understand that perfectly,” Jones said. “I also know that I am a transformed man, and I am rehabilitated.”

Applying for commutation

Jones said he decided to apply for a commutation the moment his wife, Jessica Jones, told him about Evers’ announcement.

There are two commutation tracks: a general commutation process for people convicted as adults and a separate process for some sentenced as juveniles.

Jones, who was 22 when he was sentenced to life and is now 44, qualifies for the first track. 

Applicants qualify for this track if they are: incarcerated on a Wisconsin conviction, have more than one year left on their sentence, have served at least half their incarceration term or at least 20 years of a life sentence. 

They also cannot be serving sentences for sex offenses, have unresolved criminal charges or warrants, or have committed violent misconduct in prison within the past five years.

Individuals who apply must provide information about the crimes for which they are seeking commutation, prior interactions with law enforcement, prison disciplinary history, rehabilitation efforts, and reentry plans. 

Applications also require certified court records as well as letters of support. 

“Emotionally, a person has to remain calm,” Jones said. “There is a sense of urgency that will be overwhelming at times.”

He said coming up with a clear plan has been vital to overcoming his panic.

 “One box at a time. One task at a time,” he said.

For and against

Nationally, many politicians associated with “tough-on-crime” policies have opposed sentence reductions for people convicted of violent crimes, arguing rehabilitation cannot outweigh the harm caused.

In Wisconsin, it has become a hotbed issue in the race for governor. 

Republican U.S. Rep. Tom Tiffany’s gubernatorial campaign told NNS that he would rescind the executive orders that allow murderers, including those serving life sentences, to be released back into the community after 20 years. 

“He is making a commitment as governor that he will not release violent criminals early and will ensure victims and their families receive the full measure of justice,” said the Tiffany campaign.

Diego Rodriguez, coalition coordinator for Justice Forward Wisconsin, an advocacy coalition focused on criminal justice reform, said he understands the concerns people have but believes they are based on misunderstandings of the process. 

Commutation is far from automatic, he said. The approval process includes multiple reviews, eligibility restrictions and detailed reentry planning requirements. 

“These are pretty thorough applications,” Rodriguez said. “If somebody still poses a threat to the community, they’re not going to let them out.”

Shannon Ross, a criminal justice advocate who works with Justice Forward to support the commutation application process, said people in prison who have genuinely transformed often have clear ways of showing that to be the case.

“If you’ve been doing the work, if you’ve been spending your time constructively, this is your moment,” Ross said.

Impact of victims

The impact of a commutation on victims and survivors will be part of how applications are evaluated, according to Executive Order #287.  Also evaluated will be the potential impact on public safety, applicants’ prison conduct and their personal growth and development since conviction. 

“What commutations allow is for the governor to come in and to step in and to identify people who have made changes,” Rodriguez said.

If someone is truly remorseful, has accepted responsibility and demonstrated long-term change, prison no longer serves any meaningful rehabilitative purpose, he said.

Rodriguez also said that commutations could improve public safety by helping reduce overcrowding inside Wisconsin prisons.

Wisconsin prisons have long faced overcrowding and staffing shortages.

“Far more people are incarcerated than we even have space for,” Rodriguez said. 

Under these conditions, Rodriguez said, prisons become less safe and less effective at rehabilitation.

“It makes our community less safe when we have overcrowded prisons because they’re not getting the same quality of treatment,” Rodriguez said.

Accountability

During a commutation application webinar organized by Justice Forward Wisconsin, former Wisconsin Parole Commission Chair John Tate II said accountability is central to the process.

“The thing that I would emphasize the most when we’re talking about a discretionary mechanism within the criminal legal system is accountability, accountability, accountability,” Tate said. 

“Any minimization of what their role in that (crime) was is often seen as a lack of accountability,” he added.

Jones said his accountability starts with fully acknowledging the harm he caused and what kind of person he once was.

“I was a horrible person, and I took lives without mercy,” Jones said.

But Jones said decades in prison changed him.

His wife, Jessica, who met him while working at the New Lisbon Correctional Institution in Juneau County, said her views on rehabilitation have changed by getting to know people who are incarcerated. 

“Most of the general public believes that all people in prison are horrible people, incorrigible and worthless,” she said. “I used to be one of those people. I believed everyone in prison could be nothing more than their worst day. Then, I worked in the prison and learned how wrong I was.”  

She said she met many men in prison who shouldn’t be there anymore. She believes her husband is one of them. 

“He does more good than many free people I know,” she said. “He does not let his sentence or crime define him even though it’s a daily reality.”

Open questions

Major questions about the process still remain, including how quickly applications will be processed and how many people could ultimately receive commutations. 

There is also uncertainty surrounding the future of the process itself. NNS reached out to the governor’s office to ask whether the commutation process could change under new leadership but did not receive a response. 

“This is a governor’s last term,” Rodriguez said. “When it comes to executive orders, those can be changed in an instant.”

Gov. Tony Evers’ commutation process draws support, criticism as applicants seek release is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Gov. Tony Evers raised the Progress Pride flag over the Wisconsin State Capitol for his eighth and final time Monday.

“We celebrate Pride Month because we know what it took to get here. We also know what is at stake,” said Evers, who delivered the remarks outside of the Capitol surrounded by advocates, lawmakers and others who held small pride flags in their hands.

Evers was the first governor in Wisconsin history to recognize the month by ordering the flag to fly over the Capitol building in 2019. He has done it each year since even when Republican lawmakers have criticized flags raised over government buildings, other than those representing the United States of America, prisoners of war and the state of Wisconsin, as divisive.

Evers said the flag is a message that the state “recognizes and celebrates our LGBTQ Wisconsinites — where they can be treated with dignity, treated with dignity and respect, and welcomed without fear of prosecution, judgement and discrimination.” The Progress Pride flag includes the LGBTQ rainbow colors as well as additional stripes that create a chevron to represent LGBTQ people of color, the transgender community and those who are living with and who have been lost to HIV/AIDS.

Evers took note of the national political moment and the hostility towards LGBTQ+ people and history from President Donald Trump’s administration. Trump’s second term has included an attempted ban on transgender people from serving in the military and the removal by the National Park Service of the Pride flag from the Stonewall Inn, a bar and national monument in New York City that was the location of riots that kickstarted the gay rights movement. In April, following a court decision, the administration agreed to restore the flag.

“There are those who want to revise and rewrite this important history so they can create a new story for our state and our country,” Evers said. “They want to pretend that trans and queer folks weren’t there at Stonewall. They tell trans folks and veterans willing to fight and die for our freedom — and theirs — that their patriotism isn’t wanted and never mattered.” 

An appeals court ruled Monday that the military ban on trans service members is unconstitutional. 

Pride Month originated in June 1970 as a way to honor the Stonewall riots, though it has become a wider celebration of LGBTQ+ people. 

Evers’ proclaimed June “LGBTQ Pride Month” and signed an executive order authorizing state buildings and any jurisdiction of the state of Wisconsin to fly the Progress Pride flag during the month. 

Evers also reiterated his promise to always fight for LGBTQ Wisconsinites. During his time as governor, he has vetoed bills sent to him by the Republican-led Legislature each session that have sought to impose restrictions on LGBTQ youth and adults. 

Summer Strand, a parent of an LGBTQ child and the chairperson of the Public Service Commission of Wisconsin (PSC), said as she delivered remarks at the flag raising that Evers has been the “most crucial goalie,” stopping harmful bills from becoming law.

Some of the Republican-authored bills Evers mentioned in his speech that he said  “hell no” to this year include a ban on gender-affirming care for transgender minors, a ban on tansgender students from participating on sports teams that align with their gender identity and restrictions on the pronouns and names students can use in school.

“It’s simple, folks,” Evers said. “This type of legislation and harmful rhetoric pushes harm [to] mental health, threatens the safety and dignity of LGBTQ+ Wisconsinites and emboldens anti-LGBTQ harassment, bullying and violence.”  He added that he also has “no intention of repealing the ban on the outdated and dangerous practice of conversion therapy on kids.” 

The Evers administration has defended a rule banning conversion therapy for not meeting the professional standards for mental health counselors in Wisconsin. The right-wing Wisconsin Institute for Law & Liberty (WILL) has sued to have the rule blocked. 

Madison Mayor Satya Rhodes-Conway, who is the first openly gay person to hold the office, said it is “critical that we as state and local governments and as a community stand up to hate and discrimination.”

“My community, especially trans folks, are demonized and attacked every day in our country and around the world,” Rhodes-Conway said. “It’s one of the tried and true tools of authoritarianism. Authoritarians pick a minority that might be unfamiliar or misunderstood, and they use hate and division to distract us while they take away our rights and our freedoms and accumulate wealth through grift and corruption.” 

Evers added that anyone listening should “know that no matter who you are, what you believe or you love or how you express your truest, most authentic self, you are family here. You belong here. You are welcome here. This is a place for you. Happy Pride Month, Wisconsin.”

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State Rep. Jim Piwowarczyk (R-Hubertus) and 39 other Republican legislators (33 from the Assembly and 6 from the Senate) sent a letter to Gov. Tony Evers Tuesday requesting that he suspend his new effort to process commutations (a reduction or a modification of a criminal sentence) out of concern over “serious consequences it is having on victims, law enforcement, families and public confidence in Wisconsin’s justice system.”

On April 3, Evers announced, under his executive authority to grant clemency (pardons, reprieves, and commutations), that he would make commutations available again in the state after 25 years since the last commutation had been issued.

A commutation doesn’t automatically mean a person in prison will be released. It could mean the incarcerated portion of the sentence is shortened, but the applicant still has prison time to complete, as well as fulfilling extended supervision. 

On April 3, Evers issued two executive orders: Executive Order 287, creating the Governor’s Commutation Advisory Board and Executive Order 288, creating a Juvenile Life Sentence Process.

Juvenile commutation is only available to those who were 19 years of age or younger at the time of their conviction. The juvenile commutation is also restricted to those who were sentenced as adults and received a life sentence or at least 39 years of incarceration.

The eligibility requirements for the two commutation applications share five specific conditions:

1. Applicants must currently be incarcerated in a correctional institution for a Wisconsin conviction with more than one year of the incarceration term remaining.
2. They must have served at least half of their incarceration term or at least 20 years of a life sentence.
3. They must not have any unresolved criminal charges or outstanding warrants in any jurisdiction.
4. There cannot be any incidents of violent misconduct within the last five years of current incarceration.
5. The commutation is not for any of the following offenses: sexual assault, physical abuse of a child, trafficking of a child, incest, and soliciting a child for prostitution.

Commutation applications have been offered online, and the first commutation hearings are expected to be held in June.

Soon after Evers announced he would be offering commutations, Republican legislators began expressing their opposition.

One of their criticisms is that by making the commutation process widely available, it is disruptive to the intent of truth-in-sentencing laws passed in the late 1990s, early 2000s, which require people convicted of serious crimes  to serve the totality of a prison sentence, including years in incarceration and extended supervision, without the possibility of a parole board shortening that sentence.

“For decades, Wisconsin maintained a commonsense approach that respected the finality of sentencing decisions and the voices of victims,” Piwowarczyk wrote in a press release announcing the letter to Evers. “There can be no justification for commuting the sentences of convicted murderers who shattered families and communities. Any commutation process must exclude homicide offenders and ensure victims have a real voice before any action is taken.”

However, under the executive authority in the state constitution, a governor has broad power to offer commutations. 

The Republicans’ letter highlights the case of Ted Oswald, who was convicted of murdering Waukesha Police Captain James Lutz.

The letter to Evers requests that no applicant who has murdered a law enforcement officer be given a commutation, and in Piwowarczyk’s press release, he broadens that request to remove “all homicide offenders from eligibility for commutation consideration.”

The letter also contends that families and victims are learning about applications  for commutation via social media, rather than through a reliable victim notification process.

“We also ask you to strengthen victim notification requirements, ensure victims and their families have a voice in the process, and require full notification to district attorneys and sentencing judges whenever commutation applications are filed,”  the letter states.

In Piwowarczyk’s press release, he specifically requests “creating a robust public notification system and online tracking log for commutation applicants,” and offering notification to victims at least 90 days out, and guaranteeing victims and families are heard at hearings.

On Gov. Evers’ commutation webpage, in answer to the question “Will the victim have a say in my application?” the reply is,  “Yes, the perspectives and opinions of victims will be an important consideration for the Commutations Advisory Board.”

Commutation applicants are also required to notify circuit court and the district attorneys’ offices of their petitions for early release. 

In his April 3 press release, Evers defended commutation as promoting “rehabilitation by providing a system that rewards the positive efforts of incarcerated individuals who demonstrate personal growth and a commitment to change with the possibility of a second chance to contribute to society, become productive members of their communities, make amends and improve their lives and those of the people around them.”

The Governor also said he was offering commutations to “build upon” his efforts to reform Wisconsin’s justice system in the absence of efforts by the  Wisconsin  Legislature to reform the state’s criminal justice system.

The Wisconsin prison population is at a historic high, exceeding 23,000. Evers promised at the beginning of his administration in 2019 to cut the incarcerated population in half, but the population has floated around 23,000 without significant change.

Criminal justice advocates have pressured Evers to use his executive authority to offer commutations to lower the prison population, especially for those who have been in prison for years and have matured and become responsible individuals capable of living in society

Left out of much of the criticism of Evers’ commutation plan is the fact that an application doesn’t guarantee success – it just offers, for those who are qualified, a chance to apply for a commutation. Applicants who are rejected will have to wait a year to apply again.

The Wisconsin Examiner reached out to the governor’s office for a response to the letter, but did not receive a response Wednesday.

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A new Marquette Law School poll found 80% of Wisconsinites said the Legislature should have passed a budget surplus bill that ultimately failed amid concerns about a future budget deficit. 

Gov. Tony Evers and Republican leaders announced the deal earlier this month, which would have tapped the state’s projected budget surplus to reduce property taxes, increase special education funding and provide rebates to taxpayers. They swiftly pushed it to a vote in the same week the deal was rolled out. While Evers and Republican leaders were initially optimistic, the bill passed the Assembly in a 61-32 vote only to be rejected by the Senate in a 18-15 vote.

Opposing lawmakers, including a majority of Democrats, expressed concerns about a potential budget deficit.

A memo released by the Legislative Fiscal Bureau (LFB) last Wednesday found that the state would have faced a $2.95 billion budget deficit at the end of the 2027-29 biennium had the bill been enacted. The memo examined the effects of the bill, the spending in the current state budget and other legislation passed over the rest of the legislative session.

Without the bill, the state is projected to have $525 million at the end of 2029. 

The bill included funding to boost schools’ special education reimbursement to a projected 42% in 2025-26 using $85 million and to 50% in 2026-27 school year using $230 million. There was also an additional $302.5 million for general aid to public schools, though it would have only provided property tax relief due to school revenue limits, which cap the amount schools can spend.

The bill also would have provided a $300 state income tax rebate for taxpayers whose state tax bill was at least that much in 2024 and would have eliminated taxes on tips and overtime.

Marquette conducted its survey about the bill between May 20 and 21, just a week after the measure died in the Legislature. It surveyed 454 Wisconsin adults with a margin of error of +/-5.5 percentage points.

Of those surveyed, 80% said it should have passed, 11% said it shouldn’t have passed, while 9% said they didn’t know. 

The support for the measure was bipartisan with 77% of Republicans, 81% of independents, and 82% of Democrats polled saying it should have passed. 

Sen. Dan Feyen (R-Fond du Lac) said in a statement that the poll was confirmation that Wisconsinites want the Legislature to address the affordability crisis. He criticized the Democrats who voted against it but  did not mention his Republican colleagues who voted against the deal.

“The people of Wisconsin understand something that my Democrat colleagues refuse to: when the state collects billions more than it needs, that money should go right back to taxpayers,” Feyen said. “As I’ve said before, in divided government, compromise is a necessity. Republicans accepted that reality and worked with the Governor to put forward a bill that addressed affordability, providing both immediate and long-lasting permanent relief.”

The poll also asked whether lawmakers should have acted now or waited until there was more information next year to act on the budget surplus or deficit.

Of those surveyed, 69% said it would be better to provide the spending, rebates and school aid now, while 21% say it would be better to wait until next year given fiscal concerns. 

Three Republican lawmakers voted alongside Democrats against the deal in the Senate. 

Evers’ spokesperson Britt Cudaback has said that lawmakers had the 17 Republican Senate votes necessary to pass the bill before Republican U.S. Rep. Tom Tiffany, who is running for governor, made calls lobbying lawmakers to vote against the deal. 

Sen. Chris Kapenga (R-Delafield), who voted against the deal, told WISN-12 over the weekend that Senate leadership didn’t count votes before announcing the deal, thus failing to ensure there would be enough support among lawmakers to get it done. 

“What happened was there were a couple of leaders in both the Assembly and in the Senate, along with the governor, who said we’ll just get it done and we’ll just push it to the floor and they’ll vote for it without talking to their caucus, which was really upsetting for me,” Kapenga said. “The governor also assumed that there were going to be some Democrat votes for this, too, so I think it was failed leadership on all three fronts.”

Evers has said that Democrats have put themselves into a “bad place” by not supporting the deal ahead of the midterm elections in which the governorship and control of the Senate and Assembly are up for grabs. 

“They believe that somehow putting money back into people’s pockets that are struggling financially across the state, apparently they don’t believe that’s an issue,” Evers told WISN last week. “They’re going to say, ‘Well, we’re going to fix it next time when all these wonderful things happen after Evers is gone, and we’ll get a new governor and we’ll have Democrats all over the  place.’ That’s fine. That’s a wish list, and who knows what else is going to happen, but you’re impacting kids right now.” 

According to the survey, 25% of Wisconsinites said that candidate positions on the bill would be “very important” for their November votes, while 48% said it would be “somewhat important.” 21% said it would not be too important and 6% said it wouldn’t be important at all.

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Reading Time: 6 minutes

Click here to read highlights from the story

• Wisconsin Gov. Tony Evers, Assembly Speaker Robin Vos and Senate Majority Leader Devin LeMahieu struck a compromise to spend $1.8 billion in surplus state funds on tax rebates, special education funding and lower property taxes. The state Senate rejected the proposal Wednesday night.

• The rejection leaves the money on the table for the next governor and Legislature to use in the next biennial budget, raising the stakes for who wins the November election.

• Lead Republican gubernatorial candidate U.S. Rep. Tom Tiffany and several of the Democratic contenders slammed the proposal, though Democrat Missy Hughes criticized her opponents for opposing it.

A bipartisan deal struck between Democratic Gov. Tony Evers and Republican legislative leaders to spend $1.8 billion of Wisconsin’s projected budget surplus failed in the Senate late Wednesday night after days of criticism that put both Evers and GOP leaders at odds with members of their own parties. 

The fallout has become a blame game over who is responsible for the deal’s failure:

• Republicans blamed Democrats for not being willing to provide assistance to Wisconsinites.
• Senate Democrats blamed Republicans and Evers for not involving them in negotiations and described the bill as “reckless” and “irresponsible” spending. 
• Several Assembly Democrats criticized the deal for not providing long-term structural changes to education funding or property taxes.
• Evers blamed both Democratic and Republican lawmakers and Republican U.S. Rep. Tom Tiffany, the likely GOP gubernatorial nominee in the governor’s race.
• Tiffany called the proposal a “backroom relief deal” that “fails to deliver lasting relief to Wisconsin taxpayers.” 
• The Democratic gubernatorial candidates split on whether the bill was a good idea. 

The underlying reason for all of the statements, social media posts and comments debating the surplus spending is that future control of the Capitol hangs in the balance come November, said Anthony Chergosky, an associate professor of political science at the University of Wisconsin-La Crosse. 

“It’s very interesting that this agreement was struck by three politicians who will not be in office this time next year, when the upcoming budget process is taking place,” Chergosky said. “There are a lot of people involved in the politics of this agreement who will be around potentially and are kind of wondering about the wisdom of three lame-duck members of state government striking a significant deal that will have potential ripple effects, whether they be positive or negative.” 

Evers, Assembly Speaker Robin Vos, R-Rochester, and Senate Majority Leader Devin LeMahieu, R-Oostburg, who are not seeking reelection this year, announced the deal on Monday. It followed months of negotiations that began after state leaders learned of the projected surplus in January. The nearly $2.4 billion surplus far exceeded projections made last year as lawmakers crafted the state’s 2025-27 budget. 

The deal would have directed over $300 million to Wisconsin school districts through special education reimbursement, another $300 million for school districts to lower property taxes and $870 million through income tax rebates for those who filed state income taxes in 2024. It also would have permanently eliminated state income taxes on tips and overtime wages, which Evers vetoed in Republican-led bills in April. 

Here are a few lessons we learned from the failed surplus deal debate. 

Democrats are increasingly splitting with Evers 

Not too long ago, legislative Democrats had to be ready to defend Evers’ vetoes from Republican overrides. 

This week, all 15 Senate Democrats and 32 in the Assembly broke with the two-term governor on the surplus deal. Ten Assembly Democrats, including several running in close districts this fall, voted with Republicans to pass the bill in the Assembly. 

In statements and comments, many looped Evers in with Vos and LeMahieu as lame-duck elected officials leaving the Capitol in the coming months. 

“This is a completely reckless proposal stitched together in a backroom deal by three people who will not be running around and won’t be here when the consequences of a multibillion-dollar deficit comes home to roost,” Senate Minority Leader Dianne Hesselbein, D-Middleton, said ahead of the Senate vote. “It’s simply something I can’t support.”

Even the majority of the seven top Democratic candidates for governor criticized the deal. Only Missy Hughes, the former CEO of the Wisconsin Economic Development Corp., directly supported the surplus spending plan. 

“@GovEvers bargain with the GOP is bad for Wisconsin,” Democratic gubernatorial candidate and state Rep. Francesca Hong, D-Madison, said in a social media post this week explaining her no vote. “This backroom deal is a payday loan taken out at the expense of our children, our infrastructure, our economy, and our future.”

Evers this week did not hesitate to return criticism to the lawmakers of his party. He told CBS58 that Democrats calling the bill irresponsible was “the dumbest thing I’ve ever heard.” 

“Wisconsin’s kids and schools aren’t going to get the investments they desperately need this year because Tom Tiffany and a few Republican and Democratic lawmakers chose to blow up a bipartisan plan to invest in our K-12 schools, lower property taxes, and help working families afford rising costs, all because they’d rather do what’s best for the next election than what’s right for the people of our state,” Evers said in a statement immediately after the Senate vote. “So many Wisconsinites feel left behind, frustrated, and disillusioned by politics these days because they think a lot of politicians in the Capitol are only here to serve themselves. And, today, they’re right.” 

Strange bedfellows on good governance

For nearly eight years, Republican lawmakers have frequently sparred with Evers both in the Capitol and the courts.

The debate over the surplus deal saw legislative Republicans defending Evers against criticism from Democratic lawmakers. Several thanked Evers for being willing to compromise and work with Republicans. 

“You’re going to hear from my Democratic colleagues that they want to save the money because they want to invest it in growing the size of government. That’s what they’re going to say, even though they might not use those words, we know the truth. We want to give it back. Some Democrats want to keep it,” Vos said on the Assembly floor. “Luckily, Tony Evers isn’t one of those. He actually had the ability to say, let’s compromise, let’s each give, let’s find a consensus, because the people of Wisconsin expect us to do better than to just stand up and shake our fist.” 

On the other hand, many Democratic lawmakers urged caution against approving the spending for the projected surplus when there are economic uncertainties at the federal level.

Sen. Kelda Roys, D-Madison, who is running for governor, said she was “shocked” to agree with Tiffany and state Sen. Steve Nass, R-Whitewater, a hard-line fiscal conservative, in their criticism of the deal. 

“This is a deal that does not help us fix the significant long-term structural problems we have, namely the way we have robbed our children of their futures in defunding public education,” she said during the Joint Finance Committee meeting Tuesday. 

Nass, who is not seeking reelection, was one of three Republicans who sided with Senate Democrats on Wednesday in opposing the deal. Sen. Chris Kapenga, R-Delafield, and Sen. Rob Hutton, R-Brookfield, also voted against it.  

Nass asked Senate Republicans to reject the proposal for concerns about financial stability. 

“I’ve enjoyed standing up for we, the people, especially financially, as I’m doing this evening, and until my final day, I will vote in a way that financially protects those I represent,” Nass said during Wednesday night’s Senate floor debate. “What we’re doing now is mortgaging our future and our children’s future, to some extent, for the temporary convenience of the present. And the only way that can stop is for us to resist it and to vote no.” 

The surplus as an election issue

Legislative inaction on the surplus likely means the next governor and whoever holds majorities in the Assembly and the Senate in January will control how that money is or is not spent. 

Assembly Minority Leader Greta Neubauer, D-Racine, told reporters on Thursday that future election criticism about the deal’s failure should be directed at Republicans. 

“Republicans are in the majority, and they failed to get this bill out of the state Senate with their own members,” she said. “That’s something that they’re going to have to answer for, as well as, of course, 16 years of failing to address these issues and creating an affordability crisis.”

Tiffany said if he is elected governor, the surplus funds will “be returned to taxpayers where they belong.”

It’s possible, for the slew of candidates running in the Democratic gubernatorial primary, that this is a turning point in what has otherwise been a quiet campaign so far, Chergosky said. 

“This might be the thing that gives the nomination race a little kick in the pants or a little nudge to start getting moving because we are seeing some daylight between the candidates,” Chergosky said. 

For example, Hughes, the lone Democratic gubernatorial candidate who directly supported the deal, in a social media post on Thursday criticized Tiffany but slammed, without naming names, “certain self-serving Democratic candidates for governor who would rather boost their own personal political ambitions than serve our kids and taxpayers.”

“Imagine if those candidates had acted like the leaders they profess to be. Imagine if they had paused before sending press releases and Twitter threads and jumping to name calling. Imagine if they had set aside their bruised egos and leaned in,” Hughes said. “Ultimately, they could still have voted no or opposed the bill, but they never even gave it due diligence. That’s not leadership, that’s gamesmanship. These Democratic candidates exposed themselves for lacking the maturity and responsibility a governor must have if they are to move our entire state forward.” 

Former Lt. Gov. Mandela Barnes said the deal delivered “meaningful dollars” to schools, but did not fix the state’s “broken system” to help working people. 

The Milwaukee Journal Sentinel reported that Joel Brennan, the former Department of Administration secretary under Evers, criticized the deal negotiations for not being done in public. 

Milwaukee County Executive David Crowley said “a one-year property tax break is not a long-term affordability plan.” 

Lt. Gov. Sara Rodriguez called the deal “a compromise that’s far from perfect.”

Wisconsin’s $1.8 billion budget deal collapses, exposing rifts within both parties is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

On his way out of office, Gov. Tony Evers has negotiated a school funding and tax cut bill with his fellow retirees, Senate Majority Leader Devin LeMahieu and Assembly Speaker Robin Vos. Call it a retirement celebration for three soon-to-be-ex politicians. Evers is promoting a big bump in school funding in the “blockbuster” deal and urging Democrats to vote for it. But the most joyful celebrants of this sudden windfall are Republican legislators, who have taken to calling it the “big, beautiful, bipartisan bill” —  a not-so-subtle echo of Trump’s triumphant name for the massive tax cut and spending bill he jammed through Congress.

Wisconsin Democrats are less than thrilled. On the Legislature’s Joint Finance Committee, the “blockbuster” proposal passed on a straight party-line vote, as Erik Gunn reports, with all of the Republicans on the committee voting in favor and all the Democrats voting against it. The bill is not so much a blockbuster as a budget-buster, said Joint Finance Democrats Deb Andraca (D-Whitefish Bay), Kelda Roys (D-Madison) and Tip McGuire (D-Kenosha). 

The problem with the legislation, according to its critics, is that it consists largely of one-time expenditures – including a temporary infusion of cash to schools and $300 checks to be mailed to Wisconsin state taxpayers — that will drain state coffers of about $2.9 billion after the whole package of proposals is paid out. While it effectively erases the state’s budget surplus, it won’t fix the structural problems with the way the state consistently underfunds schools and leaves property taxpayers to pick up the bill, or with the growing drain created by an expanding system of taxpayer-subsidized private schools, which will also get more money through this deal. Meanwhile, it creates the very real possibility that new legislative leaders and a new governor will be staring at a nearly $3 billion revenue hole when they begin to work on the next state budget, in an uncertain economic time.

The plan does include a burst of state funding for special education – sorely needed and, as Evers underscores, a big boost from current levels to a projected 50% reimbursement in the final year of the current budget cycle to school districts across the state. Evers’ office put out a comprehensive list of school districts and the millions in new money they will receive. The deal also allocates $350 million to bring down property taxes. And it eliminates taxes on tips and overtime, in keeping with Trump’s new federal policy. These are all popular proposals, and they provide a shot of relief to stressed and strapped school districts and taxpayers.

But advocacy organizations you would expect to embrace the governor’s move to increase funding for special ed have come out against the deal. 

“People with disabilities depend on programs and services that get state and federal funding,” Sydney Badeau, chair of the Wisconsin Board for People with Developmental Disabilities, said in a statement on the deal. “Spending down Wisconsin’s savings and reducing income when the state is already not providing enough funding to cover actual costs means there will be even less money next budget to pay for the programs people need. Less savings and less income means budget cuts next cycle at a time when many state programs, services, and infrastructure need more investment.”  

Kids Forward, the statewide antiracist policy center, also opposes the deal, saying it “relies on one-time money to paper over long-term challenges, all while legislators preparing to leave office pass the responsibility — and the blame — onto future lawmakers and families across Wisconsin.”

Meanwhile, Republicans are already turning the deal into campaign talking points on their most challenging issue – affordability

“Folks need help now,” declared Joint Finance Committee Co-Chair Rep. Mark Born (R-Beaver Dam), adding that inflation has been a problem “for at least five years,” a spin on voters’ cost-of-living worries that conveniently avoids the Trump administration’s responsibility for surging gas prices and massive healthcare cuts, which are dragging down state Republicans as they campaign this year.

Rep. Amanda Nedweski (R-Pleasant Prairie) touted the deal in a Tuesday press conference, saying Republicans have always been better stewards of the economy, and it was because of their wise leadership that Wisconsin built up a budget surplus in the first place (mostly by abandoning the state’s obligation to fund public schools). Now, she declared, it’s time to give all that money back to the taxpayers – “it’s their money” and rightfully belongs to individuals, she said, not “progressive politicians in Madison.” This is the drown-the-government-in-the-bathtub philosophy at work – defund schools and hand out checks to individuals. It works best if you are extremely wealthy and don’t mind trading in public education and other forms of public infrastructure for a pay-as-you-go system where you spend your own cash for private education, private health care and private security.  

Nedweski rolled directly into campaign mode, declaring that the benefits to taxpayers in the deal “would all be at risk” if the Democrats win control of the Legislature next year.

Without a doubt, Evers has handed Republicans a massive election-year gift.

Democrats, if they do manage to win legislative majorities – which has seemed more and more likely as Republicans flee the Capitol in droves, including some who represent key, swing districts — would be in a much stronger negotiating position than Evers is now. Instead of a one-time boost in school funding and a flurry of tax-rebate checks, they could recommit to guaranteed state funding for public education, as a lawsuit brought by students, parents and teachers argues they must under the state constitution. 

Now, as the national economy is in turmoil, they will confront the next budget cycle with a looming $2.9 billion hole – the budget surplus blown by a bunch of guys who are heading out of office and won’t have to worry about what comes next.

It was one thing for Evers to wrangle with Republicans and try to claw back funding for schools when the GOP-led Legislature was single-mindedly determined to block his every move. It’s a different matter to trade away the bulk of the state’s budget surplus now, in the waning days of his term, with everything up in the air.

The lack of communication between Evers and members of his own party has rankled Democrats for a long time. But the deal he is pushing to a reluctant Democratic caucus and delighted Republicans is a blow both politically and, more importantly, to the future health of the state. 

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With Republicans touting it as a bipartisan deal, the $1.8 billion special education funding and tax cut bill negotiated by a pair of GOP leaders and outgoing Democratic Gov. Tony Evers passed the Legislature’s budget committee on a 12-4 vote Tuesday, with no Democratic support.

The Joint Finance Committee’s Democrats charged the bill didn’t do enough for schools or taxpayers while spending down the state surplus for short-term benefits.

About 20 minutes after the committee vote, Evers’ office sent out a press release in which the governor called on the Legislature to swiftly pass the measure he’s been calling a “blockbuster” since it was unveiled Monday. The Legislature is scheduled to meet Wednesday in a special session to debate and vote on the measure.

Attached to the email was a table listing more than 50 Wisconsin school districts and the additional special education money they’ll receive from the state if the deal passes.

The legislation will add $85 million to reimburse local school districts for the cost of special education in the current school year and $230 million for the 2026-27 school year. A Legislative Fiscal Bureau memo estimates the additional funding will raise the state’s reimbursement rate this year to 42.7% and for 2026-27 to 50%, but added that the actual rate “could be higher or lower, depending on final prior year aidable costs.”

When Wisconsin’s 2025-27 budget was signed in July schools were told they would get 42% of their special education costs reimbursed for the current year and 45% in 2026-27. But in November the Department of Public Instruction announced that special ed costs and enrollment had both increased, so the first round of payments would cover 35%.

Along with the additional special ed funding, the new bill will spend $302.5 million on state aid to public schools. Because of state revenue limits on school districts, the new state aid “would provide property tax relief but not additional resources for school districts,” according to the Legislative Fiscal Bureau memo.

The bill gives the state technical college system an additional $50 million in state aid starting in the 2026-27 school year, also to replace property tax revenue, not increase trade school budgets.

The legislation includes a $300 state income tax rebate for individual taxpayers whose state tax bill was at least that much in 2024.

It also would make tip income as well as overtime pay exempt from state income taxes, mirroring federal tax policies that have been enacted under President Donald Trump. While the federal exemptions expire at the end of 2028, the state exemptions don’t have a sunset.

So far, lawmakers in Evers’ own party have greeted the measure coolly. Finance committee Democrats on Tuesday welcomed the increase in special education money but said it wasn’t sufficient to meet the needs school districts have for more resources.

“I’m a no on this plan, not because I don’t appreciate education funding,” said Rep. Deb Andraca (D-Whitefish Bay), a former teacher, during the JFC’s hour-long discussion before the committee vote.

“I want our schools to get the predictable, reliable, education funding, indexed to inflation that they deserve without having to sue all of us,” Andraca said, referring to a pending lawsuit challenging the state’s school funding formula.

But State Rep. Mark Born, the JFC Assembly cochair, said the measure deserves to be enacted.

“There’s really nothing negative in the bill,” Born told the committee. “The bill gives money to special education, right? The bill gives lasting property tax relief to taxpayers of Wisconsin. The bill gives lasting income tax relief to the taxpayers of Wisconsin. And yes, the bill also gives a one-time immediate rebate check to taxpayers in Wisconsin. The bill actually helps people now.”

Rep. Tip McGuire (D-Kenosha) and Sen. Kelda Roys (D-Madison) both made  pointed references to the bill as the product of three retiring elected officials — “three lame ducks,” in McGuire’s words. Along with Evers, a Democrat, Assembly Speaker Robin Vos and Senate Majority Leader Devin LeMahieu, both Republicans, are leaving office at the end of 2026.

None of the Democrats named Evers in their criticism of the bill, while Republicans touting the legislation invoked the governor several times.

“I think what we have before us is really balanced governing,” said Rep. Shannon Zimmerman (R-River Falls). “Gov Evers, working with majority party leadership, came together. Nobody got everything they wanted, but there’s a lot of good in this bill.”

Democrats emphasized what they said were the bill’s inadequacies, such as not guaranteeing “sum-sufficient” special ed funding that would fully meet the actual cost. Instead it designates a “sum-certain” amount, meaning there is a limited pot of money available, regardless of expanding need.

“It fails our schools,” said McGuire. “Our schools aren’t going to be getting the resources fully that they need. They’ve been struggling for 15 years under legislative Republican leadership.”

Roys — who is seeking the Democratic nomination to run for governor — referred to the presumptive Republican gubernatorial nominee’s opposition to the deal, although in support of a contrasting policy agenda.

“I find myself shocked to be with Republican Tom Tiffany,” Roys said. “Shocked to be agreeing with Republican [Sen.] Steve Nass, that this is a deal that does not help us fix the significant long-term structural problems we have — namely the way that we have robbed our children of their futures in defunding public education.”

Roys and McGuire both predicted a coming economic shakeup. 

“There’s a presumption that this bill has, and that is that Donald Trump’s economy will succeed,” McGuire said. “And I think that I am among the 70% of Americans right now who do not believe that that’s true.”

Wisconsin, he argued, should prepare for a future that includes an economic downturn in the next six or nine months rather than spending too much of the state’s projected $2.37 billion surplus.

Born mocked those concerns. “We cut taxes again and you say, ‘Oh, you’re going to break us. You’re going to be bankrupt. Structural deficit. Oh my goodness. The sky is falling,’” he said. “Oh, next budget. More surplus, more Republican leadership on the budget, more partnering with our private sector partners to grow Wisconsin’s economy.”

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Gov. Tony Evers, Assembly Speaker Robin Vos (R-Rochester) and Senate Majority Leader Devin LeMahieu (R-Oostburg) — Wisconsin’s three leaders all of whom are set to retire this year — announced a $1.8 billion deal Monday to provide additional funding to Wisconsin schools for general aid and special education and tax relief in the form of rebate checks, property tax cuts and the elimination of taxes on tips and overtime. 

The deal is the culmination of months of negotiations on how to use the state’s projected surplus to provide additional funding to schools and tax relief to Wisconsinites.

Negotiations kicked off at the beginning of this year after the general fund surplus was projected to be $2.37 billion at the end of the biennium, June 30, 2027 — about $1.5 billion higher than expected. However, they fell apart as Evers and Senate and Assembly leaders argued over the form that a proposal should take and a deal was not reached before the end of the regular legislative session. 

According to a Department of Administration and Department of Revenue memo released Monday, the state’s general fund tax collections are tracking between $300 million and $350 million above the January estimates. 

Evers said the school funding was the biggest win in the bipartisan agreement. The deal includes $300 million for special education funding and $300 million for school general aids. 

“I think money for schools, that’s obviously the most important thing for me, but again, we’re in a position to actually compromise and have Republicans and Democrats, at least in the leadership level, getting something done,” Evers said. 

Evers spoke to reporters during a visit to Barneveld middle and high schools where he spoke to students and staff about their mental health initiatives on Monday morning. He was there to highlight investments that have been made in schools. He noted that Barneveld is a good school district and said the deal reached by him and lawmakers would “make them an even better” one. 

About $85 million will be used to guarantee schools get 42% of their special education costs reimbursed for the 2025-26 school year and the remaining funds will be used to guarantee a 50% reimbursement rate in 2026-27. 

The 2025-27 state budget promised a 42% special ed reimbursement rate in the first year of the budget and a 45% rate in the second year, but the funds set aside were not adequate to meet those rates. 

The state’s special education reimbursement is currently a “sum certain” appropriation, meaning that there is a fixed pot of money available for the costs. If schools’ costs exceed the amount set aside, then the rate of reimbursement is lower. A change to a sum sufficient appropriation would ensure that the amount available is enough to cover the promised rates. 

Evers said negotiations couldn’t get to a sum sufficient appropriation for special education funding, but that negotiators used figures that should get the state to the promised rates. 

“Next budget people have to ensure that it is sum sufficient, but we did not get across that bridge, unfortunately,” Evers said. “Look, we know what the numbers are, so it’s going to be 50[%].”

The deal will also increase funding for pupils participating in the choice, charter, special needs scholarship  and open enrollment programs by $16 million. 

The investment into general school aids comes after lawmakers declined to provide any new funding in the 2025-27 state budget and property taxpayers across the state saw increases in December. The $300 million is intended to help buy down school property tax levies, although the amount will not completely cover the $325 per pupil in additional school revenue limit authority that school districts have as a result of a previous Evers budget veto.

The agreement also includes $50 million meant to serve as property tax relief aid for the Wisconsin Technical College System beginning in 2026-27. 

The Wisconsin Association of School Boards said in a statement that it was encouraged by the deal’s investments in special education and general aids, but cautioned that it would not completely fix schools’ financial issues.

“While these resources are important for public schools struggling with a declining level of state investment, it will not solve the longer-term problem,” WASB said. “The state has shifted away from providing inflationary increases in spendable resources for schools for 17 years. One state surplus deal cannot reverse that trend by itself.”

The Joint Finance Committee is scheduled to take up the proposal on Tuesday, and it’s expected that the full Assembly and Senate will take up the proposal on Wednesday in a special session. Ever signed an executive order for the session Monday afternoon. 

Vos said in a statement that legislators would be sending the surplus  “back to help families with the pressure of increasing costs, reward hard work, and to continue investing in schools to help stabilize rising property taxes.”

LeMahieu said Repiblicans’  top priority was to send the surplus back to “hardworking taxpayers across the state.” 

“This deal will provide immediate relief with $600 in surplus refund payments and provide permanent property and income tax relief for Wisconsin families,” LeMahieu said. 

The deal will also provide $300 tax refunds for individuals and $600 refunds for married joint filers. Tax relief in this form was originally a Senate Republican proposal, though they had proposed rebates of $1,000 for married joint filers and $500 for individuals.

The deal also includes the elimination of taxes on tips and overtime — two proposals that Evers initially vetoed. The proposal will align state with federal law, though the state proposals differ as they are permanent changes rather than having a sunset date in 2028. 

Evers expressed confidence that there are enough votes to get the deal through both houses and to his desk. 

“I need a majority of each house, and whether that’s all Democrats, all Republicans or a mix, I don’t care,” Evers said. “I think it would be hard for anyone to say I’m not in favor of this…[when] as a result, my local school district gets screwed. I think that’s going to be a hard position for people to take.” 

It’s already clear that not every member is on board as Democratic and Republican Senate lawmakers express concerns and opposition to the deal in statements.

Senate Minority Leader Dianne Hesselbein (D-Middleton) said in a statement that from her perspective there is no deal. She said her caucus needs to see the full details of the “expensive proposal” before they say more. 

“Three men who will not be in elected office next year have come up with this proposal which Senate Dems will be reviewing,” Hesselbein said. “Any proposal must pass both houses of the legislature and no one knows if Republicans have the votes to pass it.”

Assembly Minority Leader Greta Neubauer (D-Racine) has not responded to a request for comment. 

Sen. Steve Nass (R-Whitewater), who is also retiring this year, said in a statement that he “can’t support another bad deal cut by leaders that will never face the voters again.” 

With an open race for governor and control of the state Legislature up in the air, some expressed concerns about leaders deciding to spend down the surplus when they won’t be around to deal with the consequences next year. 

Democratic candidates for governor, Sen. Kelda Roys (D-Madison) and former Department of Administration Secretary Joel Brennan criticized the way lawmakers negotiated the deal and the contents of the deal. 

“Budgets are difficult to negotiate and demand tough decisions, and that’s why I believe they must be done in public with input from Wisconsinites. It’s very disappointing that this one wasn’t, and we should expect all candidates for governor to commit to an open process,” Brennan said. “I’m all for putting money back in people’s pockets, giving our schools a much-needed boost, and providing some property tax relief, but this deal misses the mark in many other ways. It does nothing to address the cost-of-living crisis that is still crushing Wisconsin families on things like child care, health care, and gas and utility prices.” 

Roys said the leaders had come to a “backroom” deal.

“This latest deal is the height of fiscal irresponsibility,” Roys said. “It spends a projected ‘surplus’ before it’s in the bank, even though that projection was estimated before Trump’s attack on Iran that disrupted our economy and caused gas prices to skyrocket. It gives a little one time money to public schools while permanently cementing unfairness in our tax structure. Worst of all, it blows nearly a billion dollars on an election year gimmick to send out rebates, squandering the ability of a new Democratic majority to make the long-overdue investments in our kids that they deserve.”

The critique on the transparency in the negotiation process comes after Lt. Gov. Sara Rodriguez, who is also campaigning for the nomination, was recorded saying she would craft the state’s next budget “behind a curtain.”

Evers told reporters that the negotiations with lawmakers was typical process.

“Well, sometimes you do things behind the curtain,” Evers said. “Leadership both from my staff and others on the other side met on a regular basis, and we kept others informed about that. Now, if… [Roys is] angry because we didn’t involve every legislator prior to, that doesn’t happen with a regular budget, too. So if she’s going to be governor, she needs to get used to it.” 

He continued: “If she’s not going to support it, my question would be, ‘How do you run for governor of the state of Wisconsin and say to your schools, well, you know, this money of 42% and 50% for special education, I’m against that?’ That’s a tough one to run against.”

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A Dane County judge ruled Friday that lawmakers could not block administrative rules that had been through the rulemaking process and received approval from Gov. Tony Evers.

Evers and the Republican-led Legislature have been fighting over administrative rulemaking abilities for years. The Wisconsin Supreme Court decided in its July 2025 Evers v. Marklein II ruling that statutes allowing a legislative committee to pause or suspend administrative rules indefinitely were unconstitutional.

Following that decision, Evers started taking steps to implement 12 administrative rules he had previously approved,  without getting sign-off from legislative committees. Republican lawmakers responded by instructing the Legislative Reference Bureau (LRB) not to  publish any rule that hadn’t gone through a review by the Legislature. 

Evers sued in Sept. 2025 to block the lawmakers’ action.

Judge Nia Trammel granted Evers’ request for a declaration that LRB publish all administrative rules that have gone through the rulemaking procedures and have been approved by the governor.

In the ruling, Trammel said a rule can go into effect because there isn’t a statute prohibiting promulgation of a rule even if a standing committee has not completed a review and if one did exist it would be “facially unconstitutional.”

Trammel cited the state Supreme Court’s Marklein II decision, which found that “the ability of a ten-person committee to halt or interrupt the passage of a rule, which would ordinarily be required to be presented to the governor as a bill, is simply incompatible with Articles IV and V of the Wisconsin Constitution.”

“For the same reason, if the Court found that the standing committee had an ability to pause promulgation for up to sixty days, if not possibly months, it would also be unconstitutional,” Trammel wrote. 

Evers said in a statement that the decision is a win for Wisconsin and “our efforts to continue restoring the balance of power in Wisconsin.” 

“For far too long, the Republican Legislature had a gerrymandered majority that enabled them to undermine our constitutional separation of powers and give themselves outsized influence and power over state government,” Evers said. “A handful of lawmakers should not be able to singlehandedly bring the state to a standstill and stop good work from happening on behalf of the people of our state.”

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After months of negotiation, Gov. Tony Evers and Republican leaders in the Legislature said Monday they’ve reached a deal that would spend down the state’s budget surplus on tax relief and education.

The roughly $1.9 billion deal, which is expected to go before lawmakers for a vote this week, includes $850 million in direct payments to taxpayers and the elimination of state income tax for overtime pay and tipped earnings. It would also boost spending on K-12 education by $600 million.

That school funding figure is split between general school aid and increasing the state’s special education reimbursement rate, which has been a point of contention from Evers’ team since the passage last summer of the two-year state budget. Since that time, higher-than-expected costs of special education lowered the total amount received by school districts from the state.

The deal would spend down much of the state’s projected surplus — which the nonpartisan Legislative Fiscal Bureau had previously estimated at roughly $2.5 billion — but leave the state’s rainy day fund untouched.

Speaking to reporters on Monday, Evers touted the deal as a win for schools, with compromises for Republican tax priorities.

“Money for schools is obviously the most important thing for me,” Evers said. “We’re in a position to actually compromise and have Republicans and Democrats — at least at the leadership level — getting something done.”

That comment alludes to some fracturing within the parties themselves, with several lawmakers putting out immediate statements condemning the deal. But Evers expressed confidence that a majority of lawmakers would vote to approve the plan.

In separate statements, Assembly Speaker Robin Vos, R-Rochester, and Senate Majority Leader Devin LeMahieu, R-Oostburg, said the deal would put the state’s surplus toward tax relief.

“We’re sending (the surplus) back to help families with the pressure of increasing costs, reward hard work, and to continue investing in schools to help stabilize rising property taxes,” said Vos.

Evers’ office said that the direct payment checks, which would total $600 per married couple or $300 per individual, would be mailed out by November. Evers spokesperson Britt Cudaback called that provision a central priority for Senate Republicans during negotiations. The governor’s office says 3 million people are expected to receive those checks, for a total cost to the state of about $850 million.

“This deal will provide immediate relief with $600 in surplus refund payments and provide permanent property and income tax relief for Wisconsin families,” said LeMahieu in his statement.

While the state Legislature has adjourned for the year, both the Senate and Assembly would need to pass this deal for it to become law. That means that a special session of the Legislature will be called. According to the governor’s office, that path will be expedited, with the Legislature’s budget committee expected to move it forward on Tuesday, and the full Legislature set to debate it as early as Wednesday.

This story was originally published by WPR.

Wisconsin Gov. Tony Evers, GOP leaders announce deal on tax relief and school funding is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Three weeks after two right-wing groups demanded the repeal of a professional licensing board’s ban on conversion therapy for LGBTQ+ clients of social workers and other therapists, Gov. Tony Evers sent a sharply worded reply.

In a Tuesday letter to the Wisconsin Institute for Law & Liberty and Wisconsin Family Action, Evers declared, “my administration has no intention of repealing Wisconsin’s conversion therapy ban.”

Evers asserted that the April 14 demand letter from the two groups was based on “a significant misreading” of a U.S. Supreme Court ruling earlier this year that threw parts of a Colorado ban on conversion therapy into question. 

Evers wrote that it was “disappointing” that the organizations support “a long-disavowed and outdated practice” that extensive research has shown to be ineffective and responsible for harms including depression, suicide, substance misuse, posttraumatic stress and anxiety.

“On the other hand, this should come as no surprise,” Evers wrote. “After all, bullying LGBTQ kids and Wisconsinites seems to be an important goal for Wisconsin Institute for Law & Liberty and Wisconsin Family Action.”

Purported to dissuade people from same-sex attractions and from gender dysphoria — which the American Psychiatric Association has defined as  “psychological distress that results from an incongruence between one’s sex assigned at birth and one’s gender identity” — conversion therapy, also known as reparative therapy, has been widely discredited.

Conversion therapy is not limited to talk therapy. “Aversive techniques used in reparative therapies have included electric shock, physical violence, administration of emetics, and personal degradation and humiliation,” the American Academy of Nursing wrote in a 2015 statement opposing the practice.

The Wisconsin Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board published an updated professional code in April 2024 that declared “any intervention or method” used or promoted to change a person’s sexual orientation or gender identity to be “unprofessional conduct” that could subject a practitioner to professional discipline.

The U.S. Supreme Court, in a March 31 ruling, sent a lawsuit challenging a Colorado law against conversion therapy back to lower federal courts. The ruling instructed the lower courts to apply “strict scrutiny” on First Amendment grounds to the Colorado law because it seeks to “regulate speech based on viewpoint.”

In their demand letter, WILL and Wisconsin Family Action called on the Evers administration to repeal the ban in the Wisconsin therapists’ code. The letter declared that it was similar to the Colorado law and claimed that “the Supreme Court held that Colorado’s substantively identical statute was unconstitutional.”

Evers wrote that the demand “relies on a significant misreading of the U.S. Supreme Court’s recent decision” and had “erroneously” characterized its findings. 

“First, the Court intentionally — and specifically — stopped short of striking down any applications of Colorado’s law,” Evers wrote. The high court instead remanded the case to the lower court to apply a “more searching scrutiny” to the law, he added. “Repeal before that occurs would be premature.”

Evers also wrote that the ruling “expressly held that heightened scrutiny applies only to certain applications of Colorado’s law, not the entire provision. Specifically, the case concerned only Colorado’s conversion therapy prohibition as it applied to talk therapy — not to other treatment, such as physical or medication interventions.”

Quoting the Court’s ruling, Evers wrote that the Colorado plaintiff, therapist Kaley Chiles, stated that “the statute has many valid applications. Indeed, [she] did not take issue with Colorado’s effort to ban what she herself calls ‘long-abandoned, aversive’ physical interventions. Instead, Ms. Chiles objected to Colorado’s law only as it applies to her talk therapy, therapy that involves no physical interventions or medications, only the spoken word.”

Wisconsin’s professional rule also covers more than talk therapy, Evers wrote, and the therapy, counseling and social work board “will maintain the rule and continue to enforce its valid applications, in order to protect Wisconsinites from harmful and offensive practices by Board licensees.”

WILL’s initial response Thursday to a request for comment was a two-word email message from WILL Deputy Counsel Rebecca Furdek: “Lawsuit incoming.”

In a follow up statement, Furdek said that Evers was “resorting to personal, baseless attacks on WILL and its mission.” Contrary to the distinctions Evers made about the U.S. Supreme Court ruling, the statement reiterated WILL’s characterization that the Court found Colorado’s “substantively identical law amounted to unconstitutional viewpoint discrimination.”

Making no reference to other conversion therapy tactics, the statement concluded: “Government shouldn’t be deciding which viewpoints are ‘acceptable’ for Christian counselors to express when providing talk therapy to the individuals who voluntarily seek out faith-based counseling.”

In his letter, Evers wrote that because the Colorado case remains active in lower federal courts, the Department of Safety and Professional Services will attach a note to the conversion therapy rule stating that “certain instances of the unprofessional conduct” it refers to “are the subject of ongoing litigation.”

Wisconsin’s conversion therapy ban was enacted after several previous attempts were blocked by the Legislature’s Joint Committee for the Review of Administrative Rules. A Wisconsin Supreme Court ruling in July 2025 found that state laws the committee’s Republican majority used to review and suspend administrative rules were unconstitutional and encroached on the examining board’s legal authority.

Marc Herstand, executive director of the National Association of Social Workers Wisconsin chapter, praised Evers’ letter Thursday. The association was among the groups that urged the counseling board to add conversion therapy to practices considered unprofessional conduct. 

Wisconsin state law “clearly gives professions the authority to establish their own Conduct Code as the social work profession, along with the marriage and family therapy and professional counseling professions,  have done in classifying Conversion Therapy as unprofessional conduct,” Herstand said in an email message. 

“I applaud Governor Evers for his recognition of the severe harm that Conversion Therapy inflicts on LGBTQ children and his commitment to retain the ban on Conversion Therapy [in the professional code] to the maximum extent possible.”

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A new legal battle is underway between Democratic Gov. Tony Evers and Republican leaders in the Legislature.

Evers and Attorney General Josh Kaul are suing the co-chairs of the Legislature’s powerful Joint Finance Committee to overturn a 2018 law that requires JFC approval of legal settlements involving the Wisconsin Department of Justice.

The law was passed by the Republican majority in the Legislature and signed by outgoing Gov. Scott Walker in December 2018 just before Evers and Kaul took office. It was among a group of laws that gave lawmakers increased power over executive branch actions, including control over aspects of the DOJ’s civil litigation.

In June 2025, the Wisconsin Supreme Court in a unanimous ruling held that the law was unconstitutional as applied to two categories of DOJ lawsuits.

The ruling stripped the JFC of the authority to intervene in DOJ settlements in suits on behalf of state agencies that enforce civil penalties, and settlements in other suits the DOJ files at the request of state agencies.

The new suit was filed April 7 in Dane County Circuit Court. Its existence was first reported Tuesday by Wisconsin Public Radio.

The lawsuit argues that it is unconstitutional for the Legislature to insert itself in settlements when the state itself, not just a state agency, is a plaintiff — for example, if DOJ sues a federal agency on behalf of the state to challenge a federal regulation.

In addition it argues that lawmakers don’t have the right to intervene when the state is a defendant in a lawsuit and the settlement would not require the appropriation of additional funds. An example could be representing the Department of Corrections in a lawsuit brought by a prisoner charging a civil rights violation.

The suit names the Joint Finance Committee as well as co-chairs Sen. Howard Marklein (R-Spring Green) and Rep. Mark Born (R-Beaver Dam). The lawmakers did not immediately respond to requests for comment Wednesday.

Citing the 2025 ruling, the lawsuit argues that the Legislature only has a potential role in resolving a civil suit if the resolution requires lawmakers to enact a new law or the Legislature is a client in the litigation.

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Editor’s note: Wisconsin Watch asked the candidates whether they would allow commutations for murder convictions. After publication, David Crowley’s campaign responded that he would not allow commutations in such cases.

The top Democratic candidates for governor plan to continue allowing commutations and pardons if they are elected in November — though two are splitting with the current governor on whether to offer commutations in murder cases — while the front-runner for the Republican nomination plans to curtail clemency. 

The contrast is sure to feature in the gubernatorial election, as Democrats rally around a national mood that has turned against President Donald Trump, while Republicans try to capitalize on lingering distaste for the Democratic brand.

Their statements, in response to questions from Wisconsin Watch, come after Gov. Tony Evers signed executive orders in early April to reestablish the state’s commutations process, with just nine months remaining in his last term as governor. 

Evers’ executive orders specifically create a commutations advisory board to consider applications from incarcerated individuals seeking to reduce their prison sentence and establish a commutations procedure for people sentenced to life in prison as juveniles. The commutations advisory board is expected to hold its first meeting in June. 

Republican U.S. Rep. Tom Tiffany’s gubernatorial campaign said in a statement he would rescind Evers’ executive orders on commutations, particularly because they don’t exempt individuals convicted of murder. Under Evers’ executive order only those previously convicted of sexual assault, physical abuse or sexual exploitation of a child, trafficking of a child, incest or soliciting a child for prostitution are ineligible for commutations. 

“(Tiffany) is making a commitment as governor that he will not release violent criminals early and will ensure victims and their families receive the full measure of justice,” Tiffany’s campaign said. Tiffany’s campaign did not respond to an additional question about whether the congressman would consider commuting the sentences of incarcerated individuals who were convicted of nonviolent offenses.

The difference between Tiffany and the top Democrats suggests that criminal justice reform and executive clemency, the powers the governor has to lessen or nullify a sentence, are topics that will get attention from the candidates ahead of the general election in November. Debate on the campaign trail will happen as Wisconsin’s prisons continue to be over capacity. The population of the state’s adult prisons as of April 17 was 23,548 people, which is nearly 32% above what the facilities were designed to hold. 

Evers is not running for reelection, which leaves the commutation process created by his executive orders subject to the views of the state’s next governor. That person could rescind, suspend or revise an executive order from the predecessor, according to the nonpartisan Legislative Reference Bureau. 

Wisconsin’s governors have taken different approaches to using the office’s executive clemency powers. The last governor to commute a prison sentence was former Republican Gov. Tommy Thompson. 

Former Democratic Gov. Jim Doyle approved 326 pardons as governor but no commutations. Former Republican Gov. Scott Walker, who issued no pardons or commutations in office, previously said he saw “no value” in visiting the state’s prisons. 

Evers reinstated the pardons process after taking office in 2019 and has since issued 2,000 pardons, according to his office. In early 2025, he released a prison restructuring plan with a “domino series” of projects that include closing the Green Bay Correctional Institution, converting the Lincoln Hills juvenile prison into an adult facility and transitioning the Waupun Correctional Institution into a vocational village with job training for inmates. 

Evers’ plan caught pushback from Republicans, who said they were not included in the process and objected to any reductions to the capacity of the prison system. There have been no updates since the state building commission voted in October to release $15 million to fund a design report for projects in the governor’s proposal. 

Diego Rodriguez, the coalition coordinator for Justice Forward Wisconsin, which advocates for a more equitable criminal justice system, emphasized that “broad, blanket statements” about incarcerated individuals don’t reflect a person’s remorse or growth over time.

“Democrats and Republicans have historically used clemency to make sure that we honor when people grow, we honor changes in development and changes in people,” Rodriguez said. “That is something that I think our nation is rooted in, this idea that people can grow and develop, and that redemption is a real thing.” 

What Democratic candidates said 

The seven top Democratic gubernatorial candidates who responded to questions from Wisconsin Watch said each of their approaches to executive clemency would attempt to take into account the growth of inmates and the needs of victims, although specifics differed between each candidate.  

Former Lt. Gov. Mandela Barnes would work with an independent commission to guide decisions on pardons and commutations, campaign spokesperson Cole Wozniak said. Also, unlike Evers, he would exclude those convicted of murder. He was the only Democratic candidate to make that distinction without being asked specifically about that issue. Wisconsin Watch asked the other candidates about that particular issue Friday afternoon and didn’t receive any responses before this story published Monday morning.

“Lt. Gov. Barnes will work to keep Wisconsinites safe — ensuring the justice system rehabilitates those who’ve served their time and pose no threat, while requiring individuals convicted of murder, sexual assault, or other violent crimes stay behind bars and serve their sentences,” Wozniak said.

Asked why Barnes differs from Evers on commutations for murder convictions, Wozniak said “for those already convicted, he believes the existing appeals process offers sufficient relief.”

Joel Brennan, the former Department of Administration secretary, said Evers “did the right thing” in restoring commutations. 

“The ability to pardon and commute sentences is one of the most consequential tools a governor has,” Brennan said in a statement. “I’d take that seriously, listen to the people closest to these cases, review them on the merits, and act where it makes sense.” 

Milwaukee County Executive David Crowley said he would work with the Legislature to “institutionalize” Evers’ commutations process. After this story published, Crowley’s campaign responded to the follow-up question about murder commutations, saying he “would not allow commutations of murderers.”

“I believe clemency is an important tool to correct past wrongs, especially in cases where sentences were excessive, laws have changed, or individuals have demonstrated real rehabilitation,” Crowley said in a statement. “At the same time, it must be handled with care, consistency, and respect for victims and communities.” 

Madison state Rep. Francesca Hong said she supports Evers’ decision to restore commutations and would work with stakeholders to build a “fair and safe” process. 

“My approach to executive clemency actions would be to build a senior advisory council and pardon board with diverse representation of lived experiences and leadership in the carceral reform sector,” Hong said in a statement. 

Missy Hughes, the former CEO of the Wisconsin Economic Development Corp., said in a statement she is supportive of Evers’ executive orders to restore commutations. In response to a follow-up question, her campaign spokesperson said she would offer pardons only to “nonviolent offenders who have paid their debt to society and only after a thorough and transparent review process.” He added that she “would take her commutation power seriously and use it only to ensure proper justice is delivered,” but didn’t specifically diverge from Evers on commuting murder sentences.

“I believe it is an important tool to have at the governor’s disposal to ensure we have fairness in our criminal justice system,” Hughes said. “As governor I would keep this executive order in place so that we have a mechanism for those who have paid their debt to society, and pose no threat to the public, can have their freedoms restored through an open and transparent process.”

Lt. Gov. Sara Rodriguez said in a statement that Evers has established a “thoughtful approach” to commutations. She criticized the Republican Legislature for not taking “a serious approach to criminal justice and corrections reform.” 

“As governor, I would continue the restored commutations process and carefully review it with input from stakeholders, including victims’ advocates, law enforcement, corrections professionals, and criminal justice reform organizations,” Rodriguez said. “We need to be guided by preventing crime, reducing recidivism, and keeping our communities safe.”

Madison state Sen. Kelda Roys said in a statement that “public safety and justice” will be the focus of her criminal justice policy. 

“As an attorney, I know that our judicial system is imperfect, and clemency can be an important safeguard so long as the process is fair, thorough, and transparent,” she said.

Correction: Missy Hughes’ campaign spokesperson responded before publication that she would only pardon nonviolent offenders. A previous version said the spokesperson didn’t respond. Wisconsin Watch regrets this error.

Tony Evers revived commutations, but what will Wisconsin’s next governor do? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Among the proposals that died when the Wisconsin Legislature wrapped up its regular session work in March were efforts to help homeless youth get medical care, among other support services. Advocates said at a briefing Wednesday that they will keep pushing for the changes in the next session.

Sen. Rachael Cabral-Guevara (R-Fox Crossing) and members of the Wisconsin Association for Homeless and Runaway Services (WAHRS) held a press conference in the state Capitol to call attention to the issue. 

Joli Guenther, the WAHRS executive director, said that expanding outreach and easy access to resources and support is important for helping homeless youth, adding that youth homelessness is different from adult homelessness. She said WAHRS was started in 1982 to raise awareness and provide for the needs of young people.

“We don’t necessarily see young people visibly on the street. They tend to disappear,” Guenther said. “Often when they find informal resources that allow them to find temporary shelter, so even when their families are not able to provide for their needs, we don’t necessarily see them and meet the needs that are there.”

A 2025 Wisconsin Policy Forum report found that student homelessness hit an all-time high after the COVID-19 pandemic. According to DPI data, there were 20,195 students in Wisconsin public schools who identified as homeless during the 2023-24 school year. That marked a 9.1% increase over the previous year even as the number of enrolled students declined by 1.1% that year.

Guenther said that unaccompanied youth tend to be under-identified in her experience. In 2021, during the pandemic, the number of homeless students recorded by DPI hit a low of 13,449. She said this was partially due to fewer students going to schools.

“My hope for today in having this discussion as we reach the end of the legislative session is that maybe we can start to present a package to help people to understand the needs better,’ Guenther said. “If we have this package of interrelated bills related to the needs of unaccompanied homeless young people… maybe people will get it. Maybe people will understand that we don’t see this population but at the end of the day we’re not meeting the needs of our children.” 

Guenther highlighted previous successes, including the passage of 2019 Wisconsin Act 22, which allowed 17-year-old unaccompanied minors to consent to shelter.

“That has been very, very successful in opening up some of our limited resources and removing young people from the immediate dangers of the street,” Guenther said. “We know that if we don’t have ways of better providing for their needs, there are definitely those out there who will do so, and young people will become vulnerable to crime and exploitation as a result of that.” 

However, advocates said, there is still work to be done.

Tim Baack, President and CEO of Pathfinders, said Wisconsin has been falling short for years when it comes to dedicating state funds to address youth homelessness. Pathfinders is a Milwaukee-based organization that provides emergency housing and support for homeless youth. 

“We pale in comparison to the states that surround Wisconsin in our region, and we know we can do better,” Baack said. Focusing on “legal policies and legislation” is necessary, he added, but “what accompanies that is the resources.”

Gov. Tony Evers proposed $10.5 million to expand independent living services for youth who are aging out of the out-of-home care system and a $7.4 million increase in funding for programs that serve runaway and homeless youth in the 2025-27 state budget. However, the proposals were not included in the bill that passed the Legislature. 

“We hope the Legislature will continue to give serious consideration for those recommendations either when the next biennial budget is considered or looking for alternative ways to support the governor and his team to support the runaway youth service providers across the state,” Baack said. 

When policymakers return in January 2027, there will be a new governor and the makeup of the Legislature could look quite different. Many Republican lawmakers are retiring, including both top leaders, and Democratic lawmakers hope to win control of the Senate and Assembly.

Advocates highlighted four failed bills this session that they want to see brought back in the next session. 

SB 70 would have allowed unaccompanied minors age 14 or older to get medically necessary care without a parent or guardian’s permission if they aren’t under the supervision of a public welfare agency or the Department of Corrections. It received a public hearing in the state Senate this session but did not advance further.

Katie Van Groll, the Home Base director for the Boys & Girls Club of the Fox Valley, said many homeless youth are navigating unstable and unpredictable situations that can make it difficult to access medical care.

“Some youth have left unsafe environments that can involve abuse and neglect. Others could be couch-surfing, staying with a relative or a friend and a shelter or a host home,” Van Groll said. “Requiring parental consent assumes access to that adult, which is often not the reality for these young people. When youth can’t consent to the care that they need, they may delay or avoid seeking medical attention altogether, and then minor health concerns escalate to serious conditions and preventable issues.”

Van Groll noted medically necessary care is not referring to elective procedures, but rather to addressing illnesses and chronic conditions, including asthma, diabetes and immune disorders. She said a lack of access to care can increase emergency room use, long-term health complications and lead to increased public assistance costs.

Van Groll said her organization serves about 70 to 80 youths one-on-one each year and between 2,000 and 4,000 each year in prevention and awareness including providing information at schools.

“Not a single one of those youth is able to access the medical health care,” Van Groll said. “And one thing that we can’t ever speak with them about [in school] is the medical care because they can’t access it, and we don’t want to create more frustration.” 

Cabral-Guevara, who coauthored the bill, said she could not speak for her colleagues, but she thinks a lack of understanding and knowledge of the legislation was partially to blame for the failure this session. She said there was not enough support from within her caucus to get it over the finish line in part because some members did not understand what constituted “medically necessary.” 

“That legislation is common-sense legislation for me, but what we find is there’s a lot of individuals within this building that don’t do health care,” Cabral-Guevara told the Examiner. “I would like to bring it back again, and I feel that with more education, I think people would be more apt to support this because it is just basic fundamentals.” 

The other bills highlighted during the briefing include: 

• AB 1196, introduced by Democratic lawmakers including Rep. Ryan Clancy (D-Milwaukee), would have allowed respite care providers who offer emergency services for foster parents to provide housing or services to a child runaway. The current places allowed to provide housing include licensed foster homes, group homes and shelters. 

• AB 1233 would have extended the amount of time before a foster home, group home or shelter must inform child welfare services that they have a minor in their care from 12 hours, as is currently required, to 72 hours. It was introduced by Rep. Jodi Emerson (D-Eau Claire) and other Democrats. 
• SB 73, coauthored by Sen. Jesse James (R-Thorp), would have prevented minors from being prosecuted or adjudicated delinquent for committing an act of prostitution. The bill did not receive a public hearing this legislative session. 

“Some of these solutions don’t cost us anything,” Guenther said, “but they remove barriers that make all of the difference in young people’s lives.”

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Earth Day 2026 arrives less than a week after Wisconsin was battered by a succession of unseasonably severe thunderstorms, hail and tornadoes. A lack of snow in the West this winter has raised fears of an especially difficult wildfire season — raising air quality concerns across the Upper Midwest this summer. The administration of President Donald Trump has made drastic changes to the budget and structure of agencies such as the EPA and U.S. Forest Service, reducing staff at agencies that manage air and water quality and protect public lands. 

Nearly 60 years after Earth Day was founded by Wisconsin Gov. Gaylord Nelson, environmental advocates and elected officials celebrated the holiday noting the state, often labeled a “climate haven” for its easy access to fresh water and northern location, is not immune from the damaging effects of climate change. Still, they said, there are small victories happening every day across the state. 

Gov. Tony Evers spent the week on a statewide tour touting efforts to plant more trees, conserve more land and use more sustainable sources of energy. 

In 2021, Evers signed a pledge that Wisconsin would plant 75 million trees and conserve 125,000 acres of forestland by the end of 2030. In a Tuesday news release, Evers’ office announced that in 2025 the state planted nearly 12 million trees and conserved more than 7,800 acres of forestland in the state in 2025 — bringing the total to more than 54 million trees planted in five years. 

“Conservation and protecting our natural resources are core to who we are as a people and as a state — it’s in our DNA, and here in Wisconsin, our work to conserve and protect our lands, waters, and air and respond to an ever-changing climate has never been more important,” Evers said in a statement. “From flooding and severe weather events to unseasonable snow droughts and everything in between, it’s clear that climate change is an imminent threat to our state, economy, and our kids’ future. That’s why, since Day One, my administration and I have been working to conserve our natural resources and tackle the climate crisis head-on, but there’s always more we can do.” 

While Evers touts the work his administration has done to protect the state’s environment, the main tool the state has used to conserve public land for the last four decades — the Knowles-Nelson Stewardship Grant program — is set to expire this summer due to Republican opposition to land conservation and the Legislature’s inability to reach a deal to reauthorize the program before adjourning for the year. 

Howard Lerner, president of the Environmental Law and Policy Center, said at an online news conference Tuesday that there are still wins happening for the climate. 

“We are getting things done in the Midwest, even while the Trump administration maintains its assault on core environmental values and rolls back years and years of federal progress,” he said. 

He noted that a variety of groups across the Midwest worked together to protect the funding in the federal Great Lakes Restoration Initiative. He  added, however, that more work will have to be done to protect Great Lakes shoreline communities from the effects of an increasingly fluctuating water level. 

“When all is said and done, the impacts of climate change are leading to much greater fluctuations in Great Lakes water levels, and they’re leading to more intensive storms, high winds, heavy waves that batter the shoreline,” he said. “That puts a heavy impact and burden on our shoreline communities and on the shoreline infrastructure, and that’s infrastructure that we’ve got to protect and find ways of doing that.”

But the Great Lakes are also struggling with water quality, he said, largely in the form of contamination from factory farms that can lead to toxic events such as algae blooms. He said that in the wake of the federal government stepping back from its role protecting wetlands and waterways from runoff, Midwest states need to do more. 

“We need to get policies in the states that reduce the amount of phosphorus, nitrates that flow into the water supply,” he said. “I think you’re going to see that [concentrated animal feeding operations] are going to be a bigger story going forward. Communities don’t want them, and E. coli and local water supplies and more toxic algae blooms in the Great Lakes is something that the public, I just don’t think is willing to tolerate.”

Gov. Tony Evers issued two executive orders this month that make the commutation of prison sentences available again in Wisconsin.

Executive Order 287, creating the Governor’s Commutation Advisory Board and Executive Order 288, creating a Juvenile Life Sentence Process, open up new opportunities for people to get out of prison and reestablish their lives in the community. 

A commutation, like a pardon (a type of civil forgiveness with some rights restored), is authorized in the Wisconsin Constitution under the governor’s executive clemency authority. Commutations can shorten terms of incarceration or place applicants on extended supervision, or they may simply push up the date of a parole board meeting, making an applicant eligible for parole sooner. Unlike a pardon, a commutation doesn’t erase the record of the offense.

Nine-month window of opportunity

With Evers leaving office on Jan. 4, the next governor can continue the commutation process, including maintaining the Commutation Advisory Board that holds hearings on commutation applications and makes recommendations to the governor — or the next governor could amend the process or even decide not to offer commutations at all.

Because of Evers’ imminent departure, there is a sense of urgency among people in prison and their advocates to submit commutation applications as soon as possible, before the first commutation hearings are held in June.

In a Substack post, Eau Claire attorney David Carlson, a formerly incarcerated  advocate for people who are leaving prison, wrote about the significance of the executive orders but also a sense of urgency to take advantage of what might be a unique opportunity.

“There are moments in governance when an action is less about its immediate effect and more about what it makes possible,” he wrote. “Governor Tony Evers’s Executive Orders 287 and 288 fall squarely into that category. They do not resolve the issue of excessive incarceration in Wisconsin, nor do they create a permanent commutation system. What they do is create a window, and that window is narrow.”

He noted the commutation board has a “functional runway of approximately nine months.”

“The question is not whether these executive orders are meaningful – they are – but whether Wisconsin will use this time strategically or allow it to pass as another short-lived initiative that never reaches its full potential.”

Carlson encouraged advocates to engage candidates running for the governor’s seat if they “intend to continue, expand or institutionalize this commutation process,” and he also discouraged applicants from waiting until after the November election to apply.

“These are not applications that can be assembled hastily or corrected later,” Carlson wrote. “They must be done correctly the first time and must be started immediately. Individuals seeking commutation must begin now, and advocates must assist in building strong, complete submissions.”

Carlson also notes that the first cases heard before the commutation board are very important because how “the process is perceived” will impact the future of commutations in Wisconsin.

How to apply

On the governor’s online “Commutation Information” page there are commutation applications available for both standard commutations and juvenile life sentence commutations. 

Juvenile commutation is only available to those who were 19 years of age or younger at the time of their conviction. The age of conviction is critical, not the age of the defendant when the offense was charged.

The juvenile commutation is also restricted to those who were sentenced as adults and received a life sentence or 39 years or more of incarceration.

Since 2022, legislation has been introduced but hasn’t gained traction, which would have offered adjustments of sentences for “an individual who committed the crime for which the individual is being sentenced before he or she turned 18 years old,” but was charged as an adult. That legislation would have allowed those who had not been involved in a death to apply for an adjustment at the 15th year of  incarceration, and for those who had committed a crime involving a death to apply at 20 years.

The proposed legislation and Executive Order 288 both reflect the U.S. Supreme Court decision, Miller vs. Alabama, that a sentence of life without parole for a juvenile is unconstitutional, recognizing mitigating factors for youth due to both intellectual and emotional development.

The eligibility requirements for the two commutation applications share five specific conditions:

1. Applicants must currently  be incarcerated in a correctional institution for a Wisconsin conviction with more than one year of the incarceration term remaining.
2. They must have served at least half of their incarceration term or at least 20 years of a life sentence.
3. They must not have any unresolved criminal charges or outstanding warrants in any jurisdiction.
4. There cannot be any  incidents of violent misconduct within the last five years of current incarceration.
5. The commutation is not for any of the following offenses:

* Sexual assault.

* Physical abuse of a child.

* Trafficking of a child.

* Incest.

* Soliciting a child for prostitution.

An additional condition for the general commutation application requires the applicant not to be serving a sentence for “a sex offense or be required to register as a sex offender (either currently or upon release).”

Commutation applicants are encouraged to obtain assistance, and the application even lists three organizations that provide free or low-cost services: Legal Action of Wisconsin, Milwaukee Justice Center, and Legal Assistance to Incarcerated People Project.

Rachel Fox Armstrong of Legal Action of Wisconsin, said her office has been “inundated by calls for assistance” since the governor issued his orders.

“Unfortunately, our limited resources mean we will only be able to help a very small portion of those who call us for assistance with commutation,” she said. “This process is new and developing. We know that the legal community, advocacy groups, the Department of Corrections, and the Evers administration will need to work together to ensure that the many excellent clemency candidates are able to have their applications submitted and thoughtfully considered.”

Questions about the process

During a Saturday, April 11, webinar conducted by the nonprofit group Forward Justice Wisconsin on commutations, participants expressed concern about how “violent misconduct” or “violent behavior “ should be defined for the purpose of the application. 

Another question addressed the requirement that certified copies of each criminal case, including sentencing transcripts, be obtained and submitted, but people confined to prison in Wisconsin must have their legal mail copied and the original destroyed. That raises the question: If  the original is destroyed, how can the certification be preserved?

Other concerns raised included:

*Older cases where there might not be any certified records available.

* Challenging why a question about  “any other interactions with law enforcement” is relevant, as well as “prior arrest that did not lead to charges, deferred judgments, criminal charges that were later dropped or dismissed, or instances where you have been the subject of criminal investigations.”

*Whether a restraining order that was later dismissed should be required to be disclosed.

Issues raised in the April 11 webinar were forwarded by the Wisconsin Examiner to the Governor’s Commutation Advisory Board for a response, but none were available at the time of publication.

Notifying the courts and victims

Three weeks before a commutation hearing, each applicant must provide a notice to the circuit court and the district attorney’s office of the court where offenses were processed. The chair of the Commutation Board can, at his or her own discretion, forward an application directly to the governor without a “non-binding recommendation and without a hearing or any executive action of the board. 

Applicants are also “strongly encouraged” to provide a copy of the application to the clerk of courts and the DA.

At the April 11 webinar, participants suggested that applicants make four sets of each application: the original for the commutation board, a copy for the applicant, a copy for the circuit court judge who heard their case and another for the DA.

All these copies of the commutation application raise another issue: the cost of just obtaining the original certified documents, supporting documents, the application form and copies. Brittany Lee, one of the webinar presenters, noted that certified court documents alone could cost between $60 and $200.

The executive orders also require victim notification, but that is the responsibility of the governor’s office, at the “discretion and direction” of the commutation board and the Office of Victim Services and Programs. “Reasonable attempts” should be made to publish a notice three weeks before the hearing to be published in newspapers in the county where the offenses were committed.

The staff reviewing the commutation application will also collect additional information, perform a background check, and may seek “additional input from the judge, district attorney, defense attorney, and victims”.

According to the application, the review of each submission may take over a year to complete.

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What are the odds the soon-to-retire Republican leaders of the state Legislature are seriously considering Gov. Tony Evers’ call to end partisan gerrymandering? 

Evers called the special session that began and ended with no action this week, asking legislators to take up a constitutional amendment to ban the practice of drawing voting maps that give a disproportionate advantage to one political party. 

Legislators didn’t exactly refuse — they’ve kicked the can down the road, adjourning temporarily until later this month. As Baylor Spears reports, Senate Majority Leader Devin LeMahieu explained that legislators need to “gain public input in order to make an informed decision on how to proceed.” Assembly Speaker Robin Vos and Majority Leader Tyler August said they want to have more discussions with Evers to reach a “transparent and balanced solution that reflects the interests of all Wisconsinites.” 

Or maybe they just want to run out the clock, do nothing and then blame the governor for their failure to act. 

After all, President Donald Trump, the Republicans’ national leader, has been strong-arming GOP legislators in red states to hold extraordinary mid-decade redistricting sessions to draw him some extra seats to shore up an unpopular Republican House majority. Wisconsin Republicans would be swimming against the tide if they made their last act in office a good-government effort to lock in fair maps. 

Giving up power is not exactly on brand for Wisconsin Republicans. These are the same legislators who drew themselves into the most partisan gerrymandered districts in the country back in 2010. When it came time to draw another round of maps after the 2020 census, they gathered copious public input, holding hearings in which an overwhelming majority of voters told them that they wanted fair maps, and then ignored the public and gerrymandered the maps again. Only after the state Supreme Court declared those maps unconstitutional did they relent and accept 50/50 maps that lean slightly toward Republicans majorities.

Now they’re quitting in droves rather than work in a Legislature where they’ve lost the disproportionate power they conferred on themselves through gerrymandering.

Still, staring down the possibility of Democratic trifecta control of government, it’s possible Republicans could take the long view and try to protect their 50/50 stake before the other party has a shot at redrawing the districts. 

Then again, Republicans have shown very little appetite for that kind of sensible, good-government approach. As the Milwaukee Journal Sentinel reported this week, Republican legislative leaders are paying private attorneys $550 per hour in taxpayer money to defend their practice of hiring private attorneys at the taxpayers’ expense.

This freewheeling expenditure of your tax dollars follows a lawsuit filed by the public interest law firm Law Forward in February challenging the use of expensive private attorneys by GOP leaders. That practice started in the lame duck session after Evers was first elected, when Republican legislative leaders began frantically grabbing powers from the new Democratic administration. 

“It’s all about an unwillingness to exist within the bounds of checks and balances,” says Jeff Mandell of Law Forward. “It smacks of a sense that the Legislature, and particularly its leadership, is beyond accountability.”

That kind of arrogance is on its way out, along with the legislative leaders who, for more than a decade, treated government as their private club, hoarding power and ignoring the will of the voters. The best way to make sure it never returns is to permanently guarantee fair maps.

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Wisconsin Senate Democrats and their candidates for two districts key to determining control of the Senate in 2027 promised Thursday to pass bills to bring down the cost of health care, housing, groceries, energy and child care. 

At a press conference outside the state Capitol, Senate Minority Leader Dianne Hesselbein (D-Middleton) chastised Republican lawmakers for not taking action on an array of issues.

“We have to watch the Senate Republicans play this really strange game of what they’re doing with this special session,” Hesselbein said. “They refuse to go into the special session and get the job done for the people of Wisconsin.” 

This week lawmakers gaveled in for a special session called by Gov. Tony Evers who wanted the Legislature to take up a constitutional amendment that would  ban gerrymandering. Typically, Republican lawmakers have gaveled in and then immediately gaveled out of Evers’ special sessions, but on Tuesday, lawmakers gaveled in but then adjourned until Thursday. They said they were leaving the session open and they wanted to have more discussions with Evers, who said there wasn’t anything to talk about. 

Lawmakers returned on Thursday afternoon to postpone again until April 21. 

The state Assembly and Senate have both completed their regular session work this year, although  Evers and lawmakers are still trying to reach a deal on using some of the state’s $2.5 billion budget surplus to provide property tax relief to Wisconsinites and fund public schools. Discussions have still not resulted in action since they began in February.

Hesselbein said Senate Democrats are committed to working to improve affordability in the next legislative session and promised to pass a slate of 18 bills if they win the majority. Democrats have already introduced the bills in the current session, but they did not advance in the Republican-led Legislature. 

“Senate Democrats are here. We are ready to work,” Hesselbein said. “We could get these bills passed this legislative session and we could lower costs right now, but instead Republicans behind me in this building continue to use their last gasp of power to waste time and ignore the pressing needs of every single person in the state of Wisconsin.” 

The state Senate is currently controlled by an 18-15 Republican majority, meaning Democrats would need to hold all of their current seats and flip two additional seats to win control. The last time Democrats held a majority in the state Senate and Assembly was the 2009-11 legislative session.

There have been five announced retirements by Senate Republicans, including Senate Majority Leader Devin LeMahieu (R-Oostburg) and two incumbents in districts that will be key to determining control. 

Hesselbein said she is “surprised” by the number of retirements. 

“It is curious that now that we finally have fair maps, a fair number of them have decided to not run,” Hesselbein said. 

Hesselbein and current Democratic senators were joined by two of their preferred candidates in key districts for the press conference who spoke to the bill packages. 

Rep. Jenna Jacobson (D-Oregon) laid out the health care and housing bill package. She is running in a three-way primary in Senate District 17. The winner of the primary will face Sen. Howard Marklein (R-Spring Green), the budget committee co-chair who is running for his fourth term in office. The other two Democratic candidates in the primary are Corrine Hendrickson, a child care advocate and Lisa White of Potosi, a small business owner. 

“There’s no question that two of the most pressing concerns and most expensive aspects of life in Wisconsin are homeownership or rent and the cost of health care and medication,” Jacobson said. “As property values skyrocket, hedge funds buy up single-family homes. As we face limited supply and algorithmic price hikes designed to maximize profit, we are left with the landscape that makes it more and more difficult for folks to afford rent and the age for the average first-time homeowner is at an all-time high.”

The policies covered in the health and housing package of bills include: 

• Eliminating cost-sharing payments for prescription drugs under the BadgerCare program
• Capping the cost of insulin at $35 
• Capping the cost of asthma medication at $25 and the cost for related medical supplies at $50 a month
• Eliminating sales tax on over-the-counter medicines
• Increasing the limit on the homestead tax credit, which provides relief to low-income homeowners and renters, from about $24,000 to $35,000
• Banning hedge funds from buying Wisconsin homes
• Prohibiting the use of algorithmic software to set rental rates and penalizing landlords who use such software for that purpose

Trevor Jung, the Racine transit director, is running in Senate District 21, which is currently represented by Sen. Van Wangaard (R-Racine). Wanggaard, who has served in the Senate since 2010, announced his retirement last month. He introduced the “Families First” package, which seeks to address child care, energy and grocery costs. 

“The Wisconsin Republican-controlled Legislature has ignored the crisis of rising prices across the state,” Jung said. “When I join these folks behind me in the Wisconsin State Senate, I will get to work…Our work will ease the burden of rising costs on Wisconsin families.” 

The policies include: 

• Using state funding to extend Child Care Counts, the state program launched with pandemic relief funds to support child care centers
• Making the child and dependent care tax credit refundable, meaning that a taxpayer would get a cash refund for the difference between a filer’s tax liability and the credit’s full value
• Raising the threshold for eligibility for the Wisconsin Shares program to 85% of the state’s median income, so more families are eligible for a state subsidy for child care
• Regulating data centers by requiring they cover the cost of expansions of the energy grid, creating a new “very large” class of customer and mandating 70% renewable energy use by the centers 
• Requiring utilities to spend 2.4% of their revenues to fund energy efficiency and renewable resource programs
• Expanding the state investment in low-income energy assistance programs to $10.4 million a year from $6 million
• Requiring a state program to promote energy efficiency and renewable energy for low-income households 
• Providing free school meals to all Wisconsin students
• Restricting the use of algorithms to set prices in grocery stores
• Prohibiting dynamic price gouging of consumer goods in retail stores

Even with a majority in the Senate, the odds of having the bills become law will depend on the state Assembly, which is currently controlled by a Republican majority, as well as  the new governor. 

Democrats will need to hold all their current seats and flip five additional seats to win the Assembly majority. This election cycle will be a test-drive for the odd-numbered Senate districts up for election this year, but every Assembly seat has already been up for election under the new maps.

Hesselbein said she is confident that voters will elect Democrats up and down the ballot in November, including in the Assembly, but added that the bills should have bipartisan support. 

“These are not fringe issues that people are talking about. These are things that we’ve been hearing about from Rhinelander to Madison to Racine to Mount Horeb. Everywhere around the state people are talking about rising costs and what we can do to combat them, so I think we should have Republicans regardless of what the makeup of the state Assembly or the state Senate is.”

There will also be a new governor in 2027. U.S. Rep. Tom Tiffany is competing on the Republican side. There are seven major Democratic candidates, and Hesselbein said she believes each will be supportive of the Senate’s bills.

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