LRB-2697/4
ALL:all:rs
2009 - 2010 LEGISLATURE
May 4, 2009 - Introduced by Senators Miller, Decker and Hansen, cosponsored
by Representatives Pocan, Sheridan and Nelson. Referred to Joint
Committee on Finance.
SB189,2,17
1An Act to repeal 108.04 (7) (s) 2. c.;
to renumber and amend 66.0627 (1), 71.07
2(3w) (bm), 71.28 (3w) (bm), 71.47 (3w) (bm) and 560.799 (3) (b);
to amend 16.27
3(5) (b), 16.957 (1) (m), 49.265 (1) (b), 66.0627 (title), 66.0627 (7) (intro.), 70.57
4(4) (b) (intro.), 71.07 (3w) (a) 3., 71.07 (3w) (b) 1. a., 71.07 (3w) (b) 1. b., 71.07
5(3w) (b) 2., 71.07 (3w) (b) 3., 71.07 (3w) (b) 5., 71.28 (3w) (a) 3., 71.28 (3w) (b) 1.
6a., 71.28 (3w) (b) 1. b., 71.28 (3w) (b) 2., 71.28 (3w) (b) 3., 71.28 (3w) (b) 5., 71.47
7(3w) (a) 3., 71.47 (3w) (b) 1. a., 71.47 (3w) (b) 1. b., 71.47 (3w) (b) 2., 71.47 (3w)
8(b) 3., 71.47 (3w) (b) 5., 79.05 (2) (c), 108.04 (7) (c), 108.04 (7) (h), 108.04 (7) (s)
91. a. and b., 108.04 (7) (s) 2. a., 108.06 (1), 108.06 (2) (c) and (cm), (3) and (6)
10(intro.), 108.14 (8n) (e), 108.141 (1) (a) and (b) 2., 108.141 (7) (a), 118.125 (2) (g)
112., 149.10 (2t) (e), 560.799 (3) (a) and 632.746 (3) (b);
to repeal and recreate
1249.265 (1) (b), 108.04 (7) (s) 2. b., 108.141 (1) (e), 108.141 (1) (f) and 108.141 (5);
13and
to create 20.505 (6) (n), 66.0627 (1) (a), 66.0627 (1) (b), 66.0627 (8), 71.07
14(3w) (a) 5d., 71.07 (3w) (a) 5e., 71.07 (3w) (bm) 2., 71.28 (3w) (a) 5d., 71.28 (3w)
1(a) 5e., 71.28 (3w) (bm) 2., 71.47 (3w) (a) 5d., 71.47 (3w) (a) 5e., 71.47 (3w) (bm)
22., 108.04 (7) (s) 1. bn., d. and e., 108.04 (7) (t), 108.06 (7), 108.141 (1) (b) 2m.,
3108.141 (1) (dm), 560.799 (1) (am), 560.799 (3) (bm), 560.799 (5) (d) and 560.799
4(6) (g) of the statutes;
relating to: eligibility for unemployment insurance
5benefits and payment of extended benefits; excluding recovery and
6reinvestment act moneys from the calculation of expenditure restraint
7payments; eligibility for participation in the programs of a community action
8agency; financial assistance under the Clean Water Fund Program and the Safe
9Drinking Water Loan Program; the confidentiality of pupil records provided to
10the Department of Public Instruction; financial assistance for criminal justice
11programs; authorizing political subdivisions to make residential energy
12efficiency improvement loans and impose special charges for the loans;
13definition of low-income household under energy and weatherization
14assistance programs; eligibility and notice changes for state continuation of
15coverage for health insurance; changes to enterprise zone jobs credits;
16providing an exemption from emergency rule procedures; granting
17rule-making authority; and making an appropriation.
Analysis by the Legislative Reference Bureau
Crime
This bill creates an appropriation of federal revenues that allows moneys
received under the federal American Recovery and Reinvestment Act (ARRA) for
criminal justice programs to be used for that purpose.
economic development
Under current law, the Department of Commerce (Commerce) may designate
an area as an enterprise zone. The area designated as an enterprise zone must not
exceed 50 acres, and Commerce may designate no more than ten enterprise zones.
Commerce must consider a number of factors related to the area prior to designating
the area as an enterprise zone. These factors include the housing values and average
wages in the area, whether the area has experienced job losses or a population
decline, and whether designation as an enterprise zone would promote the creation
of jobs and economic and community development in the area.
This bill eliminates the requirement that the area to be designated as an
enterprise zone not exceed 50 acres. The bill requires Commerce to specify whether
the enterprise zone is located in a Tier I or Tier II county or municipality. Commerce
is directed to define "Tier I county or municipality" and "Tier II county or
municipality" by administrative rule. The bill also authorizes Commerce to consider
whether designation as an enterprise zone would promote the retention of jobs in the
area.
Under current law, a taxpayer who creates jobs in an enterprise zone may claim
an income and franchise tax credit equal to 7 percent of the taxpayer's payroll in the
enterprise zone that is paid to new full-time employees who earn more than $30,000,
but less than $100,000, in annual wages. In addition, the taxpayer may claim a credit
equal to the amount the taxpayer paid in the taxable year to provide certain
job-related training to the taxpayer's full-time employees in the enterprise zone.
Under this bill, a taxpayer who creates jobs in an enterprise zone located in a
Tier I county or municipality may claim an income and franchise tax credit equal to
no more than 7 percent of the taxpayer's payroll in the enterprise zone that is paid
to new full-time employees who earn more than $20,000, but less than $100,000, in
annual wages. A taxpayer who creates jobs in an enterprise zone located in a Tier
II county or municipality may claim an income and franchise tax credit equal to no
more than 7 percent of the taxpayer's payroll in the enterprise zone that is paid to
new full-time employees who earn more than $30,000, but less than $100,000, in
annual wages.
In addition, if the taxpayer is able to retain jobs in an enterprise zone, the
taxpayer may claim a credit equal to no more than 7 percent of the taxpayer's
enterprise zone payroll in a Tier I county or municipality that is paid to full-time
employees who earn more than $20,000, but less than $100,000, in annual wages,
less the amount paid to new full-time employees, or no more than 7 percent of the
taxpayer's enterprise zone payroll in a Tier II county or municipality that is paid to
full-time employees who earn more than $30,000, but less than $100,000, in annual
wages, less the amount paid to new full-time employees. A taxpayer seeking to claim
job retention credits must satisfy the following conditions:
1. The taxpayer must make a significant capital investment in property in the
enterprise zone.
2. The taxpayer must either be an original equipment manufacturer with a
significant supply chain in the state or must employ more than 500 full-time
employes in the enterprise zone.
Commerce is directed to define original equipment manufacturer by rule. A
taxpayer may claim the credit for retaining jobs for no more than five consecutive
taxable years.
Education
With certain exceptions, current law requires that all pupil records maintained
by a public school be kept confidential. One exception requires a school board, upon
request by the Department of Public Instruction (DPI), to provide DPI with any
information contained in a pupil record that relates to an audit or evaluation of a
federal or state-supported program or that is required to determine compliance with
state laws governing public schools. Current law directs DPI to keep confidential all
pupil records provided to DPI by a school board.
This bill eliminates the requirement that DPI keep confidential pupil records
received from a school board. Under current federal regulations, however, DPI may
make further disclosures of personally identifiable information from a pupil's
records only on behalf of the educational agency or institution that disclosed the
information to DPI, and only if the disclosure falls into one or more of the existing
exceptions to the confidentiality requirement.
Environment
Under the Clean Water Fund Program, this state provides financial assistance
for projects for controlling water pollution, including sewage treatment plants, using
state and federal funds. One form of financial assistance provided under the Clean
Water Fund Program is a loan at a subsidized interest rate. The law specifies the
interest rates at which loans are provided. The Clean Water Fund Program also
provides grants to municipalities that satisfy financial hardship criteria. The budget
bill for each fiscal biennium establishes the present value of the subsidies that may
be provided under the Clean Water Fund Program during that fiscal biennium.
Current law prohibits applications from being approved and funds from being
expended for clean water fund projects in a fiscal biennium before the budget bill is
enacted.
The ARRA provides funds for state programs like the Clean Water Fund
Program. This bill authorizes those funds to be expended under the Clean Water
Fund Program. The bill allows the funds to be provided as loans at interest rates that
may differ from the rates provided under current law and allows forgiveness of a
portion of the principal amount of a loan. The bill also allows the funds to be provided
as grants, without regard to the financial hardship criteria. The bill allows
applications to be approved and funds to be expended before the budget bill is
enacted.
Under the Safe Drinking Water Loan Program, this state provides loans to local
governmental units for projects for the construction or modification of public water
systems, using state and federal funds. The loans are provided at subsidized interest
rates. The law specifies the interest rates at which loans are provided. The budget
bill for each fiscal biennium establishes the present value of the subsidies that may
be provided under the Safe Drinking Water Loan Program during that fiscal
biennium. Current law prohibits applications from being approved and funds from
being expended for safe drinking water projects in a fiscal biennium before the
budget bill is enacted.
The ARRA provides funds for state programs like the Safe Drinking Water Loan
Program. This bill authorizes those funds to be expended under the Safe Drinking
Water Loan Program. The bill allows the funds to be provided as loans at interest
rates that may differ from the rates provided under current law and allows
forgiveness of a portion of the principal amount of a loan. The bill also allows the
funds to be provided as grants. The bill allows applications to be approved and funds
to be expended before the budget bill is enacted.
health and human services
Under current law, a community action agency approved by the secretary of
children and families and by the legislative body of the local governmental unit
serviced by the community action agency is required to develop and implement
programs designed to serve persons whose income is at or below 125 percent of the
poverty line. Those programs may include provisions that will help those persons
secure and retain employment, improve their education, make better use of available
income, obtain adequate housing and a suitable living environment, secure needed
transportation, obtain emergency assistance, participate in community affairs, and
use more effectively other available programs. This bill increases the eligibility
threshold for participation in a program of a community action agency to 200 percent
of the poverty line until September 30, 2010. After that date the eligibility threshold
reverts to 125 percent of the poverty line.
INSURANCE
Under current law, an employee who is covered by a group health insurance
policy through his or her employer and who is involuntarily terminated from his or
her job may elect to continue coverage after termination. Wisconsin law provides for
continuation coverage for those not covered under a similar federal law. Current law
requires employers to send a notice within five days of the termination describing the
terminated employee's right to continue coverage. Within 30 days of receiving the
notice, the terminated employee may elect continuation coverage for himself or
herself or for his or her spouse and dependents if they had also been covered through
the employer's group health insurance.
The ARRA provides specific benefits for certain people who are eligible for
continuation coverage under federal law or under state law. Under this bill, for those
terminated employees who became eligible for state continuation coverage on or
after September 1, 2008, but before the effective date of this bill, the employer has
ten days after the effective date of the bill to send an additional notice that contains
the information required under the ARRA, and the terminated employee has 60 days
to elect continuation coverage instead of 30 days. For those terminated employees
who become eligible for state continuation coverage on or after the effective date of
this bill but before January 1, 2010, the employer must send the notice as required
under current law, but the notice must contain the information as required under the
ARRA.
local government
Under current law, a municipality (a city, village, or town) is authorized to
impose a special charge against real property for current services rendered by
allocating all or part of the cost of the service to the property served. A "service"
under current law includes snow and ice removal, weed elimination, sidewalks or
curb and gutter repair, garbage and refuse disposal, recycling, storm water
management, tree care, and other similar services that are not specified in the
definition. Special charges are not payable in installments. If a special charge is not
paid within the time specified by the municipality, the special charge is delinquent
and becomes a lien on the property against which it is imposed.
This bill authorizes a political subdivision (a municipality or county) to make
a loan to a resident of the political subdivision for making or installing an energy
efficiency improvement or a renewable resource application to the resident's
residential property. The bill also authorizes the political subdivision to collect the
loan repayment as a special charge. A special charge that is imposed for such a loan
repayment may be collected in installments and may be included as a charge on the
resident's property tax bill even if the special charge is not delinquent.
shared revenue
Under current law, for purposes of determining a municipality's eligibility to
receive expenditure restraint payments, a comparison of a municipality's current
budget with its previous budget excludes principal and interest on long-term debt,
certain revenue sharing payments, and recycling fee payments. Under this bill,
expenditures from moneys received under the ARRA are also excluded from
municipal budget comparisons for purposes of determining a municipality's
eligibility to receive expenditure restraint payments.
State Government
Under current law, DOA administers programs for providing energy and
weatherization assistance to low-income households. Under the programs,
"low-income household" is defined, in part, as a household with income that is not
more than 150 percent of income poverty guidelines or a poverty line determined
under federal law. This bill defines "low-income household" for the programs as, in
part, not more than 60 percent of the statewide median household income.
unemployment insurance
This bill expands eligibility for unemployment insurance benefits and changes
the duration of federal/state extended benefits.
Benefit eligibility
Voluntary termination of employment. Currently, if an employee
voluntarily terminates his or her work for an employer, the employee is generally
ineligible to receive benefits until four weeks have elapsed since the end of the week
in which the termination occurs and the employee earns wages after the week in
which the termination occurs equal to at least four times the employee's weekly
benefit rate in employment covered by the unemployment insurance law of any state
or the federal government. However, an employee may terminate his or her work and
receive benefits without requalifying under this provision, among other reasons, if
the employee: 1) terminates his or her work due to domestic abuse or concerns about
the personal safety or harassment of the employee's family or household members;
or 2) was unable to work due to the health of a family member. This bill expands the
domestic abuse exception to include abuse or threat of abuse by an unrelated
individual with whom the employee had a personal relationship, includes an adopted
relative in the definition of family member, and permits the domestic abuse or
concerns to be verified either by a protective order, by a report of a law enforcement
agency, or evidence provided by a licensed health care professional or an employee
of a domestic violence shelter. The bill broadens the exception concerning the health
of a family member to apply to any verified illness or disability that necessitates the
care of a family member for a period of time that is longer than the employee's
employer is willing to grant leave. The bill also provides that requalification is not
required if an employee's spouse changed his or her place of employment to a place
to which it is impractical to commute and the employee terminated his or her work
to accompany the spouse to that place.
Approved training in high-demand occupations. Currently, benefits may
not be denied to an otherwise eligible claimant because the claimant is enrolled in
a vocational training course or a basic education course that is a prerequisite to such
training ("approved training") under certain conditions. Currently, unless a
claimant qualifies for federal/state extended benefits, Wisconsin supplemental
benefits, or federal emergency compensation and unless certain other exceptions
apply, no claimant may receive total benefits based on employment in a base period
(period preceding a claim during which benefit rights accrue) greater than 26 times
the claimant's weekly benefit rate or 40 percent of the claimant' s base period wages,
whichever is lower. This bill provides additional benefits to certain claimants. The
bill provides, with certain exceptions, that if a claimant has exhausted all other
rights to benefits, is currently enrolled in an approved training program under
current law and was so enrolled prior to the end of the claimant's benefit year (period
during which benefits are payable) that qualified the claimant for benefits, if not in
a current benefit year, has a benefit year that ended no earlier than 52 weeks prior
to the week for which the claimant first claims additional benefits, and is not
receiving any similar stipends or other training allowances for nontraining costs is
entitled to additional benefits of up to 26 times the same benefit rate that applied to
the claimant during his or her most recent benefit year if the claimant: 1) has been
separated from employment in a declining occupation or involuntarily separated
from employment as a result of a permanent reduction in operations by his or her
employer; and 2) is being trained for entry into a high-demand occupation. In
addition, the bill provides that if the benefit year of such a claimant expires in a week
in which extended or other additional federal or state benefits are payable generally
(see below), the claimant is also eligible for the additional benefits while enrolled in
a training program as provided under the bill if the claimant first enrolled in the
program within 52 weeks after the end of the claimant's benefit year that qualified
the claimant for benefits.
Payment of extended benefits
Currently, the maximum number of weeks of benefits that an eligible claimant
may qualify to receive is normally 26 weeks. However, during certain periods of high
unemployment in this state, as defined by law, claimants who have exhausted all
their rights to receive benefits in a given benefit year may potentially qualify to
receive up to an additional 13 weeks of "extended benefits," the costs of which, with
certain exceptions, are shared between the federal government and employers in this
state. Under recent federal legislation, the employer share is also paid in most cases
by the federal government beginning with weeks of unemployment that begin on or
after February 17, 2009, and ending with the last week beginning in 2009, and, for
claimants who begin an extended benefit claim before that date, ending with the last
week ending before June 1, 2010. In addition, under the federal legislation, during
periods of exceptionally high unemployment in this state, claimants who qualify for
extended benefits may qualify to receive an additional seven weeks of extended
benefits that are financed in the same manner. This bill changes state law to conform
with the recent federal legislation so as to enable claimants in this state to qualify
for these additional extended benefits and to enable full participation by this state
in federal cost sharing for these benefits.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB189, s. 1
1Section
1. 16.27 (5) (b) of the statutes is amended to read:
SB189,8,52
16.27
(5) (b) A household with income which is not more than
150% of the
3income poverty guidelines for the nonfarm population of the United States as
4prescribed by the federal office of management and budget under 42 USC 9902 (2)
560 percent of the statewide median household income.
SB189, s. 2
6Section
2. 16.957 (1) (m) of the statutes is amended to read:
SB189,8,127
16.957
(1) (m) "Low-income household" means any individual or group of
8individuals in this state who are living together as one economic unit and for whom
9residential electricity is customarily purchased in common or who make
10undesignated payments for electricity in the form of rent, and whose household
11income is not more than
150% of the poverty line as determined under 42 USC 9902
12(2) 60 percent of the statewide median household income.
SB189, s. 3
13Section
3. 20.505 (6) (n) of the statutes is created to read:
SB189,8,1614
20.505
(6) (n)
Federal aid; criminal justice. All moneys received from the
15federal government pursuant to P.L.
111-5 for criminal justice programs to carry out
16the purpose for which received.
SB189, s. 4
1Section
4. 49.265 (1) (b) of the statutes is amended to read:
SB189,9,42
49.265
(1) (b) "Poor person" means a resident of a community served by a
3community action agency
, whose income is at or below
125% 200 percent of the
4poverty line.
SB189, s. 5
5Section
5. 49.265 (1) (b) of the statutes, as affected by 2009 Wisconsin Act ....
6(this act), is repealed and recreated to read:
SB189,9,87
49.265
(1) (b) "Poor person" means a resident of a community served by a
8community action agency whose income is at or below 125 percent of the poverty line.
SB189, s. 6
9Section
6. 66.0627 (title) of the statutes is amended to read:
SB189,9,11
1066.0627 (title)
Special charges for current services and energy
11efficiency improvement loans.
SB189, s. 7
12Section
7. 66.0627 (1) of the statutes is renumbered 66.0627 (1) (intro.) and
13amended to read:
SB189,9,1414
66.0627
(1) (intro.) In this section
, "service":
SB189,9,20
15(c) "Service" includes snow and ice removal, weed elimination, street
16sprinkling, oiling and tarring, repair of sidewalks or curb and gutter, garbage and
17refuse disposal, recycling, storm water management, including construction of storm
18water management facilities, tree care, removal and disposition of dead animals
19under s. 60.23 (20), loan repayment under s. 70.57 (4) (b), soil conservation work
20under s. 92.115, and snow removal under s. 86.105.
SB189, s. 8
21Section
8. 66.0627 (1) (a) of the statutes is created to read:
SB189,9,2422
66.0627
(1) (a) "Energy efficiency improvement" means an improvement to a
23residential premises that reduces the usage of energy, or increases the efficiency of
24energy usage, at the premises.
SB189, s. 9
25Section
9. 66.0627 (1) (b) of the statutes is created to read:
SB189,10,1
166.0627
(1) (b) "Political subdivision" means a city, village, town, or county.
SB189, s. 10
2Section
10. 66.0627 (7) (intro.) of the statutes is amended to read: