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Senate Democrats on budget committee say they hope Republicans change their approach

Sen. LaTonya Johnson (D-Milwaukee) during a press conference in March 2023. (Baylor Spears | Wisconsin Examiner)

Sen. LaTonya Johnson (D-Milwaukee) and Sen. Kelda Roys (D-Madison) both serve on one of the most powerful committees in the Wisconsin State Legislature, yet as members of the minority they’ve often been frustrated by the way Republicans on the committee have excluded them from conversations. The lawmakers say they hope some of this changes next year.

The 16-person Joint Finance Committee is responsible for writing the state’s two-year budget — deciding which policy priorities get funding and which don’t — and reviewing all state appropriations and revenues. Republican lawmakers will continue to hold 12 seats next session with Sen. Howard Marklein (R-Spring Green) and Rep. Mark Born (R-Beaver Dam) serving as co-chairs.

In previous sessions, when Democrats held a smaller minority in the Senate and Assembly, the lawmakers said Republicans often excluded them from the budget negotiation process.

“The Republican party didn’t just treat us badly because we were in the minority, they treated us as though we did not exist on Joint Finance,” Johnson said. “Some of their motions we didn’t find out about until they were actually passing them out on paper. That means we had very little input.” 

Roys said it’s been “very easy for the Republicans to just go in a little room, figure out what they’re going to do, and then they come out and they all vote in lockstep.” 

“There’s no discussion, there’s no transparency, and there’s certainly no opportunity for Democrats to have our priorities reflected in the budget,” Roys said. 

Beyond budget writing discussions, Republican lawmakers on the committee have also often rejected calls from Democrats on the committee to release money that was already dedicated to certain issues.

Johnson called the practice of withholding of money a “tremendous problem.” She noted that $50 million that was meant to help support the implementation of new literacy curricula in schools across the state haven’t been released despite being included in the 2023-25 budget.

“Not only are they holding those funds up, but the cost is continuing to rise, so that $50 million that was promised in 2024 isn’t going to go as far in 2025,” Johnson said. “We’ve seen that.” 

Johnson also pointed out that funding to help expand the number of beds at Mendota Juvenile Treatment Center, a facility in Madison that provides specialized treatment services for juveniles transferred from the Department of Corrections, was withheld for about six months. It was only released after the death of a youth counselor for the Wisconsin Department of Corrections at Lincoln Hills School for Boys at the hands of a 16-year-old boy. 

Other funds that have been withheld by the committee in the recent session include $10 million to support hospitals in the Chippewa Valley and $125 million to combat PFAS contamination.

“What is the purpose of us allocating these funds if the agencies can’t access them the way that they need to to make these programs work, to get what they need to get?” Johnson said. 

Johnson said she thinks that new legislative maps could help change the dynamic. Roys also said it could have an impact that the state Supreme Court found it unconstitutional for the committee to block state spending on land conservation projects after the money has been budgeted

“That dynamic is at play, and I wonder if it will chasten the Republicans. It doesn’t seem to have done so yet,” Roys said. 

Elections under new legislative maps increased Democrats’ presence in the state Legislature by 14 seats. In the upcoming session about 45% of the Legislature will be Democrats, but they will only make up one-quarter of the finance committee with four seats. Despite this, Democrats hope that Republicans will allow for more communication. 

Whether there is more bipartisan collaboration in JFC next session given the closer margins in the Senate and Assembly is an open question, Roys said. 

“There’s always an opportunity,” Roys said. “Our doors are open, and we are very willing to collaborate. I think we’ve shown that in previous sessions by supporting legislation that would not have passed without Democratic votes, even though Republicans had these crazy outsized majorities.”

Sen. Kelda Roys (D-Madison) during a press conference in June 2023. (Baylor Spears | Wisconsin Examiner)

Johnson said that she hopes that Republicans learned a lesson from the recent elections, and warned that if Republicans don’t change their ways it could hurt their election chances in two years, when Democrats will aim to flip the Senate.

Republicans in the Senate lost four members in recent elections, including two who were members of the committee — Sens. Joan Ballweg and Duey Stroebel. Three new Republican Senators are joining the committee next session —  Sen. Romaine Quinn, Julian Bradley and Rob Stafsholt — to replace the outgoing lawmakers and newly elected Senate President Mary Felzkowski (R-Tomahawk).

Johnson said that, while she’s glad to have Sen.-elect. Sarah Keyeski of Lodi, who ousted Ballweg, joining the Senate Democrats, she thought Ballweg was a good lawmaker, who faced the consequences of gerrymandering.

“That’s the hard part of when maps are gerrymandered … when it’s corrected, sometimes the people that you lose are the moderates who are willing to do the right thing simply because it’s the right thing,” Johnson said. “That doesn’t mean that she never voted with her side. Of course she did. But she stepped away from that sometimes when she needed things for her community, too. She wasn’t opposed to doing the right thing.” 

Johnson said she hopes the writing is on the wall for lawmakers that want to ostracize the minority. 

“If they don’t take this as a wake-up call, then that’s better for us,” Johnson said. “Continue to operate the way that you have been operating for these last 11 years or so that I’ve been in the building, continue to do that, and it should most definitely be best for us next election cycle.” 

Priorities for the lawmakers

Johnson, who has served on the committee since 2017, says she continues to because of the opportunity it presents.

“The quickest way to help some of the people that I know that need help the most — like the working poor in Milwaukee, Milwaukee County — is through JFC,” Johnson says. “That’s where all of the important decisions are made because if you’re going to get anything passed in that building that requires one dollar amount, then that money has to be set aside through JFC to make sure that the appropriate appropriations are there.”

Johnson said lawmakers have been preparing for the next budget cycle by reading agency requests.

The Democratic senators said they want to see next year’s budget invest in a variety of priorities, including K-12 and higher education, local government funding, child care, health care and public safety. 

Johnson said that investing in some of these priorities could help bring down costs down the road. 

Johnson noted the high costs of housing youth at Lincoln Hills and Copper Lake schools. Currently, the state budgets $463,000 annually to house each juvenile in those facilities, and the Wisconsin Department of Corrections has requested that be increased to about $862,000 per year by 2026. 

investing in human needs and public education instead could help prevent children from ending up at the facility, Johnson said.

“It drives me crazy,” Johnson said. “I would much rather see my tax dollars being spent on higher educational tuition reimbursements, more housing assistance, more Foodshare, more whatever, to keep these families stable, to keep these kids in the home, than to pay [over] $860,000 for one child that may or may not correct that behavior.”

The Wisconsin Department of Public Instruction has requested an additional $4 billion in funding, the UW System has requested an additional $855 million and the state’s technical colleges have requested an additional $45 million.

Roys mentioned increasing funding for education and local governments as some of her top priorities. 

“We’ve been asking our schools and local governments to continually do more with less under these harsh levy limits and inadequate funding from the state. That compounds over time,” Roys said. “We have got to make sure that our schools and our local governments have the money they need to continue providing the service that every single Wisconsinite deserves.” 

When it comes to K-12 education, Roys said securing a 90% special education reimbursement for public schools would be her top priority. Private schools that participate in the school choice program already receive that rate of reimbursement, while public schools currently receive about a 33% reimbursement. 

“We have a moral and a legal obligation to educate all kids, and that means meeting the needs of students with disabilities, but when the state only pays for a third of the cost of educating what that means is that school districts have to take away things for all students,” Roys said. “All kids are being harmed by the state failing to meet this unfunded mandate, failing to fund this obligation.”

Roys said investing in child care is another big priority for her. 

Wisconsin’s Child Care Counts program was launched in March 2020 using federal money and has provided funding assistance to eligible child care providers to help support operating expenses, investments in program quality, tuition relief for families, staff compensation and professional development. The program is set to end in June 2025, however, as federal funds will run out. 

“We cannot have a vibrant economy and have the workforce participation that we need for a strong economy if we don’t have affordable, accessible child care in every corner of the state,” Roys said. “The Legislature’s decision to go from, you know, $300 million Child Care Counts program that kept the doors open to $0 for child care in the last budget has had devastating consequences in every community across the state.” 

Lawmakers on what people should know

When asked about what people should know going into next year, Johnson said people need to stay aware of what the committee is doing. She pointed out that people who closely watch Wisconsin politics probably already know about the importance of JFC. 

“For those people who are not politically savvy and who don’t pay attention to those types of things, they really need to pay attention to JFC,” Johnson said. 

“JFC is where those priorities are manifested, or they go to die,” Johnson said. “It doesn’t matter how good a piece of legislation is, if the funding isn’t there for it and it requests dollar amounts, it’s gonna die.” 

Roys said people should make their voices and priorities known, saying that people could send emails to every member of the committee. 

“Public input tells us what’s important,” Roys said. “We can’t guarantee, obviously, what the Republicans are going to choose and be funded, but it does send a strong message. That is how we know without a shadow of a doubt that public education and affordable child care were key priorities, but Republicans chose to ignore that.”

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Senate leaders announce next session’s Joint Finance Committee members

Joint Finance Committee hearing room. (Photo: Legislature website)

Wisconsin Senate leaders announced their members of the Joint Finance Committee for next session Wednesday, including three Republicans new to the committee. 

The powerful 16-person committee, which includes eight Assembly and eight Senate lawmakers, is responsible for crafting the state’s biennial budget. The state’s next budget will cover the period from July 1, 2025 to June 30, 2027.

Senate Majority Leader Devin LeMahieu announced that Sen. Julian Bradley (R-New Berlin), Romaine Quinn (R-Cameron) and Rob Stafsholt (R-New Richmond) will serve on the committee for the first time next session. The lawmakers will replace Sens. Joan Ballweg and Duey Stroebel, who will no longer serve on the committee because they lost their reelection bids, and Sen. Mary Felzkowski (R-Tomahawk), who won’t serve on the committee as she was recently elected by the Senate Republican caucus to serve as Senate president. 

Sen. Howard Marklein (R-Spring Green) will continue as the Senate co-chair of the committee. He has served in the position for the last two budget cycles. Sens. Patrick Testin (R-Stevens Point), who will serve as vice-chair, and Eric Wimberger (R-Green Bay) will also continue to serve on the committee.

Marklein celebrated the appointments in a statement, saying that the new members will “bring unique new perspectives and experiences to our Senate finance team.” 

The state’s $4 billion budget surplus — and deciding what to do with it — will be a key discussion next session, and lawmakers, including those new to the committee, indicated that cutting taxes will likely be a top priority. 

LeMahieu said in a statement that he is “confident the new Senate finance team will responsibly utilize our state’s $4 billion surplus to shrink the size of government and reduce the tax burden on hardworking Wisconsin families.”

“A top priority of mine will be releasing the $4 billion surplus that Governor Evers currently holds hostage and returning it to the taxpayers,” Bradley said in a statement. 

“With a projected $4 billion surplus, the state is again in position to return more money back to the taxpayers and make further investments in our local roads, workforce development, and schools,” Stafholt said. “I look forward to getting to work.”

Democratic Senate members will remain unchanged next session as Senate Minority Leader Dianne Hesselbein announced that Sens. LaTonya Johnson (D-Milwaukee) and Kelda Roys (D-Madison) will continue on the committee. 

Hesselbein called the lawmakers “effective and passionate advocates for the priorities of Wisconsinites” and said that they “will continue to serve our caucus and state well during the budget process and beyond.”

Assembly members of the committee haven’t been announced yet.

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Study committee considers creation of new mental health treatment facilities

The Legislative Council Study Committee on Emergency Detention and Civil Commitment of Minors met Thursday to discuss draft bills. (Screenshot via WisEye)

A study committee considered proposals Thursday to create new long-term mental health facilities for youth, expanding who could initiate an emergency detention and changing consent requirements for minors over the age of 14. 

Wisconsin children have been navigating significant mental health challenges in recent years, and the state has been exploring ways to improve support. The Legislative Council Study Committee on Emergency Detention and Civil Commitment of Minors, which includes four state lawmakers and other stakeholders, mental health providers, law enforcement, has been meeting since August to specifically focus on the current state of Wisconsin’s emergency detention and civil commitment laws as they applied to children. 

Under state law, emergency detention is a process that allows law enforcement officers to initiate an emergency “hold” for up to 72 hours if they reasonably believe a person is unable or unwilling to cooperate with voluntary treatment. Civil commitment is the involuntary restriction of a person’s liberty by a civil proceeding on the basis that the individual is in need of treatment or care for certain mental health, developmental disability or substance dependency issues in order to protect the individual or others from harm.

The committee discussed six draft bills that would change the shape of the current processes. The committee will meet again in December to discuss the priorities further before voting on which bills should move forward for consideration by the Legislature.  

“The idea here really is to roll up our sleeves and work together as a committee to turn these bill drafts into something that is workable, and that the Joint Legislative Council feels comfortable introducing in the next legislative session,” committee co-chair Sen. Jesse James (R-Altoona) said at the beginning of the meeting Thursday. 

One issue the committee has focused on is limiting the number of children with severe mental health challenges who are sent out of state for care. According to the Wisconsin Department of Children and Families, from 2019 through 2023 there were 517 children placed out of state. Of those, 78 of them were placed out of state in 2023. 

The committee discussed multiple bill draft variations that would help the issue by supporting the creation of psychiatric residential treatment facilities — or PRTFs — in Wisconsin. The Legislative Fiscal Bureau has described them as long-term facilities that typically offer treatment for children diagnosed with psychiatric conditions, including bipolar disorder, disruptive behavior disorders, substance use disorders, severe emotional disturbance or post-traumatic stress disorder.

Wisconsin does have three youth crisis stabilization facilities, but those are short-term facilities with a maximum of eight beds. There are currently no PRTFs in the state.

James and Gov. Tony Evers both proposed initiatives for creating the facilities in the last legislative session but neither was successful.

The committee considered three variations of drafts that would allow for the creation of the facilities. The first would allow the Department of Health Services (DHS) to certify the facilities  to provide inpatient psychiatric services for individuals under age 21. Another one would require DHS to establish five of the facilities. The final measure allows DHS to certify the facilities, to limit the number of certifications it grants to operate a PRTF and would require DHS to request $500,000 in each year of the 2027-29 biennial state budget for the purposes of implementing PRTF certification. Some of the specific numbers are placeholders and could change. 

Committee members acknowledged the role that the cost of the facilities could play in whether they would be built. Sharon McIlquham, assistant corporation counsel for Eau Claire County, said that the facilities would need to be required by law.

“If DHS isn’t required to do it, it’s not going to happen because I don’t know that those incentives are going to be enough for a private entity to take on the liability, the cost,” McIlquham said. “I understand there’s a huge budget impact, but… if we don’t require them, I don’t think it’s going to happen.” 

“We don’t create things we can’t sustain,” Jill Chaffee, Lutheran Social Services of Wisconsin’s vice president of community based services, said. “A really big issue that we have is that you have a grant and yes, that’s super helpful and appreciated to start a program, however, then you are fully dependent upon the billing of fee for service or different payers.” 

Sen. LaTonya Johnson (D-Milwaukee) pointed out that securing state money could be the biggest obstacle to creating the facilities. Wisconsin is expecting to have a $4 billion budget surplus by the end of the current fiscal year and it will be a major point of discussion in the budget writing cycle next year, however, Republican leaders have cautioned that the money will not be used to grow the size of government.

“There is no money in the budget that specifically enforces…and we all understand why. They would have to rely on Joint Finance putting those funds, specifically for this cause, and as a member of Joint Finance, I can honestly say that we don’t always do what we are supposed to do or appropriate some money that we should,” Johnson said. “They’re already operating on a limited budget but then because of this bill, if it did go through, they would be forced to do with that limited budget and that jeopardizes other programs.” 

Johnson added that the program is necessary but without a set dollar amount and the guarantee that the money will be allocated the proposal will face an uphill battle. 

James agreed, saying that he doesn’t think any of their colleagues would be supportive of a mandate. 

Changing minor consent requirements

Another proposal would amend the minor consent law when it comes to emergency detention. 

Currently, state law requires that both a minor age 14 or older and the minor’s parent or guardian consents to outpatient or inpatient mental health treatment. If consent is declined by the parent or child, the other party may petition for review and approval of the treatment.

The proposal discussed by the committee would change this to instead say that either a minor age 14 or older, or a parent or guardian, may consent to outpatient or inpatient mental health treatment.

Green Bay Police Department behavioral health officer Sheila Carlson said the change is supposed to help address the issue of parents having to go home with a child if they refuse treatment and need to file a petition.

“Once kiddo goes home, that’s when things start to get a little hairy, where parents are concerned and not really sure what to do,” Carlson said. 

Deputy State Public Defender Katie York said that she was concerned about whether not requiring consent could reduce the effectiveness of treatment.

“If the statute says you don’t need consent from the kid, is that going to encourage the practitioners to… not sufficiently seek consent, and is that going to negatively impact the treatment going forward? I would envision, if you can get buy-in from the kid, it’s going to be much more successful than, well, we don’t even need your consent, your parents signed off on it,” York said. “I don’t know if that works in the real world.” 

Expanding who could initiate minor emergency detentions

The committee also considered creating an alternative way for initiating the emergency detention of a minor by allowing medical and behavioral health clinicians to initiate the emergency detention of a minor. Currently, only law enforcement officers are allowed to initiate the detention of someone an officer believes is “mentally ill, developmentally disabled or drug dependent” based on observable behavior that the individual is “dangerous” to themself or others, and a county department of community programs must approve the need for detention and the need for evaluation, diagnosis and treatment.

The draft that the committee looked at would define clinicians as a psychologist, psychiatrist, psychiatric nurse practitioner, physician, physician assistant, private practice school psychologist, marriage and family therapist, professional counselor, advanced practice social worker, independent social worker, clinical social worker, clinical substance abuse counselor, or independent clinical supervisor. It would also require a “clinician” to be in good standing and may initiate an emergency detention only if the clinician has been certified to do so by DHS.

McIlquham of Eau Claire County said the list included in the draft was too broad and expansive. 

“You start small and you can always expand it later,” McIlquham said. 

Carlson of Green Bay, however, said that she has been involved in many cases with children where police aren’t necessarily needed. 

Kids “are not combative,” she said. “They’re just reluctant, scared and confused, and then you bring in a cop and then there’s combative components to it.”  

Wisconsin Psychiatric Association President Tony Thrasher noted that some health systems may not allow their employees to do it. 

“I don’t think they’re going to take on the liability. I don’t think they’re going to agree to it.. Now that roughly 93% of all physicians are employed by large health systems, I just don’t think they’re going to let them do it. I think there’s a liability, once you start detaining them, that’s going to cause financial conflict and placement conflict, and if you’re allowed to detain them, why can’t you treat them where they’re at? How can you have the power to detain and then not care for them and ship them somewhere else?” 

The committee also discussed a bill draft that would standardize the creation of a safety plan, which would be created by a minor with behavioral or emotional challenges and a facilitator, and then require DHS to develop and maintain a portal that is available throughout the state to facilitate sharing of safety plans among safety plan partners.

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