Thread by @IAmNickReynolds

Good morning all! I have a bowl of corn flakes and Management Council is just getting the ball rolling.

They're introducing two bills to grant wide authority to the governor to disburse emergency federal funding.

Watch here:

Harshman said the bills have been written broadly and temporarily to expedite the funds as well as set up any type of program necesarry to release those funds.

That will likely need to happen... we gotta get creative. trib.com/news/state-and…

The bills will be discussed today, laid back, and voted on by management council in a similar committee next week. They will also decide on the date of a one-day, special session then, where the entire legislature will have the opportunity to weigh in and vote.

Right now, they're discussing procedures for dealing with the state's first-ever, all virtual mtgs -- the first special session since 2004.

Lawmakers will not be provided equipment to participate and now, they're discussing ways to allow members of the public to speak in those.

As things stand in the draft regulations right now, only people who register in advance will be allowed to comment, and only if the comment is germane to the agenda item in question. wyoleg.gov/InterimCommitt…

Groups like the @EqualityState Policy Center have expressed some early concern about the public's ability to participate. Sen. Bill Landen says he's been thinking about this as well, and asked how to balance the concerns between commenting on a first come/first serve basis.

Perkins said that where we once had the barrier of driving to a meeting and actually getting dressed, now literally anybody can participate in one of those meetings.

Perkins said he recently received a letter from some guy in Canada, which he said included a, uh, "unique" perspective on world events.

"To have someone like that show up and take over a meeting, that's what we're not trying to happen," he said.

Connolly said the first come, first serve process could potentially be an oversight, that might offset some of the institutional connections (i.e. lobbyists) that have been long-established in Wyoming's politics. Want to find a way to maximize participation with fewer parameters.

Connolly working some of those amdts now, changing language for "approved" speakers to "scheduled," and deleting some new language.

Amdt fails with four in favor, all Democrats. Regulations pass unanimously.

We're now onto the bill allowing the governor to appropriate $1.25 billion in federal funding under the CARES Act. wyoleg.gov/InterimCommitt…

Includes:

$100m for state agencies
$50m for hospitals
$40m for cities and towns
$20m for counties

Dollar figures are "placeholders" rn.

These are all written very broadly, so not a lot of specifics on where the money CAN go. However, there is one caveat: it has to be directly related to responding to the public health and safety impacts of COVID-19.

Any emergency programs would expire on the last day of the year unless otherwise specified, and would need to be reviewed for their legality by the Attorney General's office for approval.

There's also broad authority to implement some of this to transfer funding to areas like Capital Construction -- essentially, swapping some expenses covered by the CARES Act funding to the general fund. wyoleg.gov/InterimCommitt…

More expansive transfer authority -- budget director Don Richards said -- would have to be written into the bill.

Rep. Barlow asking about money to UI and worker's compensation -- not related to COVID, but something they want to accomplish with this bill to keep those funds solvent. Rep. Greear seconds, noting months from now, we're going to see significant increases in UI rates for biz.

LSO Director Matt Obrecht said that anything constitutionally allowed and under the CARES Act guidelines could be applied. Right now, that applies to actual funds expended before Dec. 30, and that other guidance is restrictive. However, the situation is fluid, and could change.

Richards said hits to the unemployment insurance fund, telecommunications, PPE, etc. could be covered. Not sure if that would apply for the liability incurred by businesses who would see increases in UI rates. Greear asking about that now.

Interesting note by LSO Director Matt Obrecht:

Grants to private entities -- like senior centers or non-profits -- are currently not covered under the Wyoming constitution, so -- even if covered by feds -- they would be excluded the minute funding hits the Wyoming treasury.

Barlow said there's more to discuss here -- we have state-accredited, private providers, after all, providing public services.

Said this could be explored, and advocated for a wider authority. Connolly wants to expand as well -- senior centers, domestic violence nonprofits, etc.

Obrecht said he's not sure if private providers able to tap into Medicaid, for example, could be included under this in a grant-type apparatus.

Greear floating the idea of those hospitals holding back on elective procedures -- costing them revenue -- for public health reasons could be seen as a factor.

They've lost a lot of money: Dan Dockstader -- in Star Valley -- said their 22-bed hospital has been empty most days.

Obrecht said they've looked at the possibility of loans, and said it's "very problematic" given the time constraints of this funding... how do you receive repayment? When do you receive it? Do you have to give it back to the feds after?

That's why it's missing.

Tamara Rivale, with LSO, notes that it's on states to gauge what functions are eligible for funding. Meaning, you have to be careful not to get things wrong in disbursing this money.

Hearing a lot of hopeful language from lawmakers that more flexible funds could be coming later.

Mark Gordon's policy director, Renny Mackay, is on the call now. Said we now have all the funds -- $1.25b -- sitting in the treasurer's office right now. Chief of Staff Buck Macveigh and Liz Cheney are on a call with the U.S. Dept. of Treasury right now on additional guidance.

Mackay outlines looking at assistance to employees and frontline workers, on businesses, and doing all of that response work in conjunction with county and municipal leaders.

Specific changes being looked for from the governor's office include more leeway in the flex authority to create new programs, particularly how much access the governor has to the fund. Noting PPP, they believe they can get additional dollars flowing through something similar.

Mackay said the ability to fund something on-par with the PPP -- a loan or grant program for businesses -- is not included in here right now.

As mentioned earlier, Obrecht was concerned about the timeline. There are programs that exist like a layoff aversion program, but unclear

Rothfuss asking if the already broad language in the bill doesn't cover this: Mackay said if they wanted a $300m-$500m program for small businesses, it's not in the bill right now. They need more money to do that, and that will likely need more discussion.

Note: there's more money in the PPP now coming to small businesses with specific carve-outs. Harshman suggests they should wait it out to see if -- if millions more roll out -- how much demand for small businesses is still out there.

Governor's authority is for the whole $1.25 billion, Mackay said, so any set appropriation constrains how the executive branch can apply those funds. However, stresses to lawmakers that "we want to do this together."

Robin Sessions Cooley said that their layoff aversion program was wildly popular, with more applications than they have money. They are now looking for more funding sources, but it's been difficult. Said that putting CARES Act funding into that would be "very beneficial."

Said these funds have been used in past instances, like with the Blackjewel layoffs last summer, and that they could be used pretty broadly, like computers for teleworking or to pay for cleaning crews and the like.

Said some of the workfroce development fund training grants could also be deployed while workers are at home, potentially helping them out and giving them a funding stream when employees are furloughed, for example.

However, she notes there's a concern from DOL about these funding sources, and they don't want to just throw money at the problem -- it has to be for a valid, legitimate purpose.

What's tough is that Sessions-Cooley said that we're looking at potentially 2+ years of recovery... with funding that needs to be expended by the end of the year, you need to think very intentionally with what sort of purpose this money will actually be used for.

Management Council will be breaking until 11 a.m. and will then take public comment. Sounds like we'll be working through lunch with a hard stop around 1 p.m.

Jeremiah Rieman with @WCCA1 notes that the revenue losses to local governments will be significant, and asked those to be reflected in the upcoming CREG report. Says appropriations too small

"I believe that $60m in local government appropriations is simply not enough," he said.

Notes replacement of revenue is not an eligible expense, but said that many of the eligible expenses under the CARES Act are often carried out by counties, including economic supports, payroll support programs, and healthcare-related expenses.

Also asking for grants to cities, towns and counties similar to the PPP. Added that there is a specific framework he's come up with on how these can roll out, and that it should all come from one fund in accordance with the Madden Formula for local aid.

Rep. Sommers -- whose county, he said, could be shorted by the Madden Formula -- asked why. Rieman said it ensures every community in the state has access to some type of funding through the CARES Act, and eliminates fear of being shorted by the SLIB during approps process.

Ryan Jackson, MD -- CEO of the Wyoming Business Coalition on Health -- now on the call. Stressing that we need to find balance with any legislation tailored to economic recovery and rebuilding, citing his experience in places like Mexico, Haiti and S. America.

Said we need to learn lessons from the businesses that have stayed open on what is working and what has not. Adds we also need to focus on people's mental health -- dealing with the stress and anxiety from the economic uncertainty of the crisis. Wants that included in measures.

Barlow saying talking about numbers before we know cost is important, particularly given all we don't know right now. Dollar figures might be looked at more in-depth next week. Rothfuss saying something similar -- we're micromanaging when we're putting out fires.

Said that in the first piece of legislation, there should be maximum flexibility for new programs to be implemented reasonably -- introducing an amendment to "remove the details" and give governor more authority to apply funding as-needed.

Sommers says that the Legislature is not under the auspices of the governor -- that this is under the Legislature's perogative. Rothfuss said this removes the limits -- essentially, ending debate but removing the Legislature's specific appropriation authority.

Driskill said we need some sideboards -- basically, that this gives the governor a blank check to stand up whatever programs he wants.

"It's our duty to make sure this money is spent correctly and with sideboards on it," he said, adding they can deal with other needs later.

Note: We're only giving the governor roughly one quarter of this money immediately under this bill.

Connolly also in favor of not putting limits on the $238m appropriated under this bill.

"We just want this to pass," said Rothfuss. Sez we don't want to get hung up on specific $'s in the mix of a special session, creating unneeded contention when we need $ now.

"That's not the intent for round one. That's a great round two topic when we have time to consider it."

Amendment fails, with just Connolly, Freeman, and Rothfuss in favor. Anselmi-Dalton -- the other Democrat in the group -- was a no.

Sommers now looking to lump all of the money in here together in order to make the money "more nimble." That amendment has been adopted.

Non-profits have also been amended into eligibility. Now Driskill with a motion to raise hospital infrastructure funding share to $200 million. Says they've had guidance and, if the money sits there, they could always appropriate it somewhere else later.

That one passes narrowly, with seven in-favor.

Interesting separation of powers discussion here... Mike Greear is saying it should be up to the Legislature to vet and stand up these programs -- not the governor -- but should be working hand-in-glove with the executive branch.

Maybe less nimble, but they're still confident these could be set up by July 1.

The bill will now be laid back until next Friday, giving them time to bring it to YOU -- their constituents -- to review. I'll package this thread into a story a little bit later, have some phone calls to make.

Deleted the last two tweets. While the bill does include provisions to prop up UI and open up worker's compensation to those who contract COVID, rent assistance is misleading.

The bill would give WCDA powers to finance mortgages, give loans to lenders (probably for landlords).

Language here: wyoleg.gov/InterimCommitt…

They're also working on implementing a "work share" program -- essentially, allowing people whose hours have been cut to make up those lost hours with unemployment benefits.

That was a missed opportunity I noted in CARES Act coverage last month.

Specifics: plans include financial assistance for landlords -- based off NY law -- to make up for loss in rental payments. Will be targeted to low-income housing (under 200 percent of poverty line or who lost their jobs) specifically to get around donation clause in constitution.

There looks to be about $25 million put in place to make this happen. Connolly, however, asking about time restrictions that could potentially make this challenging, particularly for people facing challenges with May rent.

Connolly with an amendment to address this, doubling the 45-day qualification period to prove loss of income related to COVID-19. (Language here: wyoleg.gov/InterimCommitt…)

Passes with 10 votes.

Mike Greear trying to cut the $25 million appropriation in the bill to $10 million, arguing unobligated funds would revert back to the federal government. Said they could potentially expend more later, either with the Governor's discretionary authority or with another round.

That motion passes narrowly, with seven votes in favor.

Now looks like we're discussing statute changes to implement a worksharing program... This really could be a big deal. More than half of all states in the country have one, and -- with federal money available -- now could be the time to do it. econ.ucla.edu/tvwachter/covi…

That'll stay in -- Sen. Drew Perkins seems like he wants more detail, but generally favorable.