Generally, under current law, local levy limits are applied to the property tax
levies that are imposed by political subdivisions in December of each year. Current
law prohibits a political subdivision from increasing its levy by a percentage that
exceeds its “valuation factor,” which is defined as the greater of either zero percent
or the percentage change in the political subdivision's equalized value due to new
construction, less improvements removed.
Current law contains a number of exceptions to the levy limit. Under one of
these exceptions, a political subdivision may increase its current year levy limit, up
to a maximum increase of 1.5 percent of the actual levy of the prior year, if the
allowable levy from the prior year was greater than the actual levy in that year
(carryover utilization).
Also under current law, a political subdivision must reduce its levy limit if the
amount of its levy in the current year, for its payment of debt service for debt issued
before July 1, 2005, is less than its levy for that purpose in the previous year (negative
adjustment for debt service). The amount of the levy reduction is the amount by
which its levy for such debt service was reduced. Under current law, the negative
adjustment for debt service requirement does not apply to a political subdivision in
any year in which the political subdivision does not increase its levy increase limit
by carryover utilization.
This bill eliminates the carryover utilization exception to the negative
adjustment for debt service requirement.
military affairs
This bill authorizes the adjutant general to operate a state emergency
operations center during a declared state of emergency. Costs incurred to operate the
center for more than 36 hours are payable from the petroleum inspection fund based
on JCF approval under passive review. The bill also authorizes the Division of
Emergency Management to award grants to Wisconsin law enforcement agencies to
fund crowd-control training and equipment.
natural resources
Fish, game, and wildlife
This bill appropriates any administrative fees DNR receives for pheasant
hunting in the Bong area lands or any state recreation area for the purpose of
stocking and propagating pheasants on DNR lands.
Forestry
This bill requires DNR to relocate the headquarters for the chief state forester
to an existing DNR facility north of STH 29 no later than January 1, 2018. The bill
authorizes DNR to allow current employees located at the central DNR office in
Madison to relocate to existing state facilities north of STH 29 designated by the chief
state forester and requires DNR to report, by February 1, 2019, to the governor and
JCF the number of employees who have relocated. The bill also requires DNR to
authorize payment of moving expenses for any such employee who relocates.
This bill specifies that a person who sets a forest fire is liable to the state for all
of the fire suppression expenses that are shared by the state and the county and that
the county's share of expenses, which is otherwise equal to the state's share, is
reduced by the amount by which such damages, if paid, exceed the state's share of
expenses.
This bill also provides that the requirement that the sale of timber cut from a
state, county, or community forest be advertised in a local newspaper may be
satisfied by posting notice on certain official Internet sites. The bill also provides
that approval and notice requirements apply to the sale of timber with an estimated
value of $10,000 or more that was cut from a state, county, or community forest. The
bill also provides that a county cutting merchantable wood products from a county
forest must furnish DNR with a report not more than five years after filing a cutting
notice.
Recreation
Current law specifies the fees for vehicle admission receipts, which authorize
the operation of a vehicle in certain recreational areas and in state parks. This bill
establishes a range of fees that DNR may charge for a vehicle admission receipt,
authorizing DNR to charge up to $10 more for an annual receipt than the fee under
current law, and up to $5 more for a daily receipt.
This bill also increases the maximum fees that DNR may charge for each night
of camping in a state campground to $30 for a resident and $35 for a nonresident.
This bill also requires DNR and DOT to jointly develop a plan to authorize the
purchase of a recreational passport when an individual initiates or renews his or her
annual vehicle registration. The bill requires DNR and DOT to evaluate the option
of the creation of the recreational passport as a special license plate registration
sticker that shows both the vehicle registration expiration year and an indicator that
the sticker is also a recreational passport.
Other natural resources
This bill makes numerous changes in the appropriation structure of DNR. The
bill renumbers various appropriations and eliminates appropriations that are no
longer used.
This bill eliminates the Wisconsin Natural Resources Magazine, which is
currently published six times a year by DNR. The bill directs DNR to publish the
final issue in February 2018 and, by June 30, 2018, to refund to each subscriber a
prorated amount of the subscription cost for all issues after February 2018 for which
the subscriber subscribed but that the subscriber will not receive.
Safety and Professional services
Buildings and safety
This bill eliminates rental unit energy efficiency standards and certification
requirements and certain powers of DSPS related to those standards and
requirements. The bill allows DSPS to take enforcement action related to violations
of those standards that occur before the effective date of the bill. The bill also
eliminates the requirement that an owner of a rental unit, before transferring an
ownership interest in the unit, must do one of the following:
1. Have the unit inspected by a certified inspector who issues a certificate
stating that the unit meets the minimum energy efficiency standards.
2. If the unit is scheduled for demolition within two years, obtain a waiver of
the certification requirement from DSPS or a certified inspector.
3. Obtain a stipulation between the transferee of the unit and DSPS or the city,
village, or town in which the unit is located stating that the transferee will bring the
unit into compliance with the minimum energy efficiency standards no later than
one year after the date of the transfer.
Under current law, the register of deeds may not record a document that
transfers real estate that contains a rental unit unless the document is accompanied
by that certificate, waiver, or stipulation. This bill eliminates that restriction.
This bill also exempts individuals who complete specified apprenticeship
programs from an examination required for the following trade profession licenses:
journeyman electrician, journeyman plumber, journeyman automatic fire sprinkler
system fitter, and automatic fire sprinkler contractor.
Professional licensure
Under current law, various professions are regulated by DSPS and various
examining boards and affiliated credentialing boards are created under DSPS.
Affiliated credentialing boards are each attached to a specific examining board. This
bill makes numerous changes to the laws governing DSPS and the examining
boards, affiliated credentialing boards, and councils under DSPS, including all of the
following:
1. Under current law, the Radiography Examining Board regulates the practice
of radiographers and limited X-ray machine operators in Wisconsin, the Podiatry
Affiliated Credentialing Board, which is attached to the Medical Examining Board,
regulates the practice of podiatrists, and the Optometry Examining Board regulates
the practice of optometrists. This bill eliminates each of those boards and transfers
their functions to the Medical Examining Board.
2. Under current law, physical therapists and physical therapist assistants are
regulated by the Physical Therapy Examining Board, occupational therapists and
occupational therapy assistants are regulated by the Occupational Therapists
Affiliated Credentialing Board, athletic trainers are regulated by the Athletic
Trainers Affiliated Credentialing Board, and massage therapists and bodywork
therapists are regulated by the Massage Therapy and Bodywork Therapy Affiliated
Credentialing Board. This bill eliminates the aforementioned boards and transfers
their functions to a newly created Medical Therapy Examining Board.
3. Under current law, a license is generally required to perform sign language
interpretation services, and a license to act as a sign language interpreter is issued
by DSPS. However, also under current law, there is a Sign Language Interpreter
Council that is required to perform certain duties, including advising DSPS on rule
making regarding sign language interpreting and promulgating certain rules for
sign language interpreters. This bill eliminates the Sign Language Interpreter
Council and transfers the duties of both DSPS and the Sign Language Interpreter
Council regarding sign language interpreters to the Hearing and Speech Examining
Board. In addition, the bill eliminates one of the hearing instrument specialist
members on the Hearing and Speech Examining Board and adds to that board two
sign language interpreters and one additional public member.
4. Under current law, there are four councils created to serve the Medical
Examining Board in an advisory capacity regarding certain professions for which
licenses or certificates are issued by the Medical Examining Board: 1) the
Perfusionists Examining Council; 2) the Council on Physician Assistants; 3) the
Council on Anesthesiologist Assistants; and 4) the Respiratory Care Practitioners
Examining Council. This bill eliminates these four councils and transfers their
duties to a newly created council called the Medical Assistants Council. Under the
bill, the Medical Assistants Council includes two licensed anesthesiologist
assistants; two certified respiratory care practitioners; two licensed perfusionists;
one physician; two physician assistants; and one public member.
This bill creates the Occupational License Review Council. The council is
created in DSPS and consists of the following members:
1. Eight members appointed by the governor to serve at the pleasure of the
governor.
2. One majority party member and one minority party member from each house
of the legislature, appointed as are the members of standing committees in their
respective houses.
3. The secretary of safety and professional services or his or her designee, who
serves as the council's chair. The secretary or designee is a nonvoting member, except
that he or she may vote in the case of a tie.
The council is required to submit a report by December 31, 2018, to the
governor, the chief of the LRB, and the legislature that includes the council's
recommendations for the elimination of occupational licenses in this state and the
reduction or elimination of occupational license continuing education requirements.
The council's recommendations for the elimination of occupational licenses must
take into account a number of considerations, including an evaluation of whether the
unregulated practice of the profession, occupation, or trade can clearly harm or
endanger the health, safety, or welfare of the public.
The LRB is required to prepare legislation based on the council's
recommendations, and the proposed legislation is required to be introduced without
change. The proposed legislation may not be amended, and the legislature must take
final action on the proposed legislation no later than June 30, 2019.
For purposes of this bill, the term “occupational license” means not only any
license, permit, certification, registration, or other approval granted by DSPS or a
board under DSPS but also any other license, permit, certification, registration, or
approval granted to a person by this state in order that the person may engage in a
profession, occupation, or trade or use a title in association with his or her profession,
occupation, or trade.
The council and the bill's requirements sunset effective July 1, 2019.
This bill also requires DOA to prepare a report containing certain information
on any bill that is introduced in the legislature that requires an individual to obtain
a license in order to engage in a particular profession or occupation or that requires
that a license be obtained in order for a particular type of business to be owned or
operated. The LRB must submit any bill to which the requirement applies to DOA,
and the report must be distributed before certain actions are taken on the bill in the
legislature.
Under current law, DSPS and various credentialing boards in DSPS have the
authority to discipline credential holders that are credentialed by DSPS or a
credentialing board. This bill allows DSPS and various credentialing boards in
DSPS that do not otherwise currently have the authority to assess administrative
forfeitures against credential holders to, in addition to or in lieu of any disciplinary
action imposed against a credential holder, assess a forfeiture of not more than
$1,000 for each separate offense against a person who commits a violation that is
grounds for professional discipline if the violation presents a serious risk to public
health or public safety. The bill provides that each day of continued violation
constitutes a separate offense.
Also under current law, DSPS, which regulates barbers, and the Cosmetology
Examining Board, which regulates cosmetologists and other related professionals,
may assess such forfeitures, in addition to or in lieu of certain disciplinary actions,
for violations of the laws relating to barbering or cosmetology. This bill limits the
circumstances under which such forfeitures may be assessed to when the violation
presents a serious risk to public health or public safety.
In addition, this bill exempts an individual who has completed an
apprenticeship program that satisfies certain requirements from an examination
required for licensure as a cosmetologist or barber.
This bill eliminates mandatory annual and semiannual meeting requirements
for examining boards, affiliated credentialing boards, and other boards and councils
under DSPS, except for the Medical Examining Board, which is required to meet 12
times each year. Under the bill, those boards and councils are instead generally
required to meet on the call of the chairperson or a majority of the members of the
board or council.
This bill provides that, except as otherwise permitted by law, DSPS and various
credentialing boards in DSPS may require a credential holder to submit proof of
completion of continuing education programs or courses only if a complaint is made
against the credential holder.
shared revenue
This bill reduces the annual county and municipal aid payment to a county
receiving certain settlement proceeds from DOA by $1,950,000 beginning with the
payments in 2018 and ending with the payments in 2027. If in any year the amount
of the county and municipal aid payment is less than $1,950,000, DOA will reduce
the county's county and municipal aid payment and its public utility aid payment by
a total of $1,950,000.
State government
Administrative rules; guidance documents
This bill makes various changes regarding the rule-making procedures
established under current law and the adoption by state agencies of guidance
documents. Significant changes are described below.
Preliminary public hearings and comment periods on scope statements
Current law requires an agency to prepare a statement of the scope of a
proposed rule (scope statement), which must be approved by the governor and the
agency head before any state employee or official may perform any activity in
connection with the drafting of the proposed rule. Scope statements must be
published in the Wisconsin Administrative Register after approval by the governor,
and an agency head may not approve a scope statement until at least ten days after
publication of the scope statement in the register.
This bill eliminates the ten-day waiting period for the agency head to approve
a scope statement. The bill also requires an agency, following approval of a scope
statement by the governor, to hold a preliminary public hearing and comment period
on a scope statement if directed to do so by a cochairperson of the Joint Committee
for Review of Administrative Rules (JCRAR). Following such a directive, the agency
must hold a preliminary public hearing on the scope statement and submit all
comments and feedback received to the agency head. A preliminary public hearing
and comment period under the bill is in addition to the public hearing required under
current law for certain rules. The bill allows an agency to work on a proposed rule
after the scope statement is approved by the governor, but requires the agency to stop
work on a proposed permanent rule if JCRAR requests a preliminary public hearing
and comment period. In that case, the agency may resume work on the proposed
permanent rule once the preliminary public hearing and comment period are
concluded.
Passage of bill required for certain rules
This bill provides that if an economic impact analysis, a revised economic
impact analysis, or an independent economic impact analysis for a proposed rule
indicates that $10,000,000 or more in implementation and compliance costs are
reasonably expected to be incurred by or passed along to businesses, local
governmental units, and individuals over any two-year period as a result of the
proposed rule, the agency must stop work on the proposed rule and may not continue
to promulgate the rule except as follows:
1. The agency may resume the rule-making procedure for the proposed rule
upon enactment of a bill that authorizes its promulgation.
2. The agency may resume the rule-making procedure for the proposed rule if
the agency modifies the proposed rule to address the proposed rule's implementation
and compliance costs, as verified by a revised economic impact analysis and any
subsequently prepared independent economic impact analyses.
Independent economic impact analyses
This bill allows a cochairperson of JCRAR or DOA, at certain times during the
rule-making process, to request that an independent economic impact analysis be
prepared for a proposed rule. In that case, DOA must contract with a vendor for the
preparation of the independent economic impact analysis. The vendor must
complete the independent economic impact analysis within 60 days and must include
most of the same information and analysis that is required for an economic impact
analysis prepared by an agency. If an independent economic impact analysis is
requested for a proposed rule, an agency may not submit the proposed rule to the
governor for final approval until the agency receives the completed analysis. The bill
specifies circumstances under which either the agency promulgating the proposed
rule or the legislature must pay the costs of the independent economic impact
analysis.
This bill also allows JCRAR, when a proposed rule is before JCRAR for final
review, to request an independent economic impact analysis for the proposed rule.
The analysis must similarly be completed within 60 days, and JCRAR's review
period is extended to the tenth working day following receipt by JCRAR of the
completed analysis.
Other duties of DOA related to economic impact analyses and rule making
This bill requires DOA to do all of the following with respect to the rule-making
process:
1. Review and approve each initial economic impact analysis prepared by an
agency before a proposed rule is submitted to the Legislative Council staff, including
by reviewing the economic data and analyses used by the agency in preparing the
analysis. If DOA determines that the agency's analysis does not accurately gauge
the economic impact of a proposed rule, DOA must recommend any modifications to
revise the analysis. An agency may not submit a proposed rule to the Legislative
Council Staff for review unless DOA has approved the agency's economic impact
analysis. DOA may approve an economic impact analysis only upon determining
that the economic impact analysis accurately gauges the economic impact of the
proposed rule.
2. Provide training to agencies on appropriate data collection and methods of
analysis for purposes of preparing economic impact analyses of proposed rules.
3. Attend JCRAR hearings and present testimony on proposed rules that DOA
determines will have an economic impact on specific businesses, business sectors,
public utility ratepayers, local governmental units, regulated individuals and
entities, or the state's economy as a whole.
Approval of germane modifications to proposed rules
Current law permits an agency to make a germane modification to a proposed
rule at certain points during the legislative rules review process. Under this bill, if
an agency makes a germane modification to a proposed rule at any time during that
review process, the agency must also submit that modification to the governor for
approval under a passive review procedure. If the governor does not approve the
modification, the agency may not promulgate the proposed rule with that
modification.
Emergency rules
This bill provides that emergency rules promulgated by a state agency take
effect upon publication in the Wisconsin Administrative Register. Current law
provides that emergency rules take effect upon publication in the official state
newspaper.
This bill also modifies JCRAR's authority under current law to extend the
effective period of an emergency rule so that JCRAR is not limited to 60 days in
granting an extension of an emergency rule and may grant any number of
extensions, subject to the 120-day limit under current law. In addition, the bill also
permits JCRAR, within 30 days before the last floorperiod of the biennial legislative
session, to extend the effective period of an emergency rule for a period not to extend
beyond March 31 of the following year. JCRAR may, if applicable, grant both types
of extensions for a particular emergency rule.
Expedited procedure for repealing unauthorized rules
This bill provides for an alternate, expedited procedure an agency can use to
repeal a rule that the agency determines it no longer has the authority to promulgate
because of the repeal or amendment of the law that previously authorized its
promulgation (unauthorized rule). Under the bill, an agency, instead of using the
normal rule-making procedure, may repeal an unauthorized rule using the
following procedure:
1. The agency submits a petition along with certain information to the
Legislative Council staff for review.
2. The Legislative Council staff reviews the petition and proposed rule and
submits to JCRAR the petition and proposed rule with a written report that includes
a statement of the Legislative Council staff's determination of whether the proposed
rule proposes to repeal an unauthorized rule.
3. Following receipt of the petition and proposed rule submitted by the
Legislative Council staff, JCRAR reviews the petition and proposed rule and may 1)
approve the agency's petition if JCRAR determines that the proposed rule would
repeal an unauthorized rule; 2) deny the petition; or 3) request that the agency make
changes to the proposed rule and resubmit the petition and proposed rule as
described above.
If JCRAR approves the petition, the agency may repeal the unauthorized rule
by filing a certified copy of the rule with the LRB, together with a copy of JCRAR's
decision.
Sunset of rule-making authority for certain agencies
This bill prohibits a commission or board, including a credentialing board, that
has not taken any action with respect to the promulgation of a rule in ten years or
more from taking any such action in the future unless a subsequent law specifically
authorizes it to do so.
Guidance documents
This bill requires each agency to post proposed guidance documents on the
agency's Internet site and submit them to the LRB for publication in the register and
to provide comment periods for proposed guidance documents. The agency must
consider comments submitted during the public comment period in determining
whether to adopt a guidance document as originally proposed or take other action.
The bill also requires each adopted guidance document, while valid, to remain
available on the agency's Internet site to permit continuing public comment.
This bill provides that a guidance document does not have the force of law and
does not provide the authority for implementing or enforcing a standard,
requirement, or threshold, including as a term or condition of any license. An agency
that proposes to rely on a guidance document to the detriment of a person in any
administrative proceeding must afford the person an adequate opportunity to
contest the legality or wisdom of a position taken in the guidance document, and an
agency may not use a guidance document to foreclose consideration of any issue
raised in the guidance document. The bill also contains other provisions with respect
to agency use of and reliance upon guidance documents, and allows certain persons
to petition an agency to promulgate a rule in place of a guidance document.
Subject to various exceptions, this bill defines “guidance document" as any
formal or official document or communication issued by an agency, including a
manual, handbook, directive, or informational bulletin, that 1) explains the agency's
implementation of a statute or rule enforced or administered by the agency, including
the current or proposed operating procedure of the agency; or 2) provides guidance
or advice with respect to how the agency is likely to apply any statute or rule enforced
or administered by the agency, if that guidance or advice is likely to apply to a class
of persons similarly affected.
Procurement
Under current law, if a state agency makes a purchase for which the estimated
cost exceeds $50,000, DOA must invite bids or solicit proposals. This bill increases
that threshold to $100,000 and allows agencies to which DOA has delegated
purchasing authority to invite the bids or solicit the proposals. Current law requires
governor approval if the secretary of administration determines it is in the best
interest of the state to waive general bidding requirements in state procurement and
purchase supplies, material, equipment, or contractual services from a private
source. Under the bill, the secretary may waive the requirements and make the
purchase without governor approval if the cost of the purchase is between $25,000
and $150,000. The bill also requires the approval of the secretary of administration
before an executive branch agency other than the Board of Regents may enter into
a contract relating to information technology or telecommunications if the total
amount of the contract exceeds $150,000.
Public utility regulation
This bill makes changes to funding for grants made by the PSC for constructing
broadband infrastructure in underserved areas. Under current law, $6,000,000 was
transferred from the universal service fund (USF) for making the grants, but current
law also limits the total grants made in a fiscal year to $1,500,000. The bill
eliminates that limit. The bill also provides additional funding for the grants by
doing the following: 1) transferring an additional $6,000,000 from the USF; 2)
transferring $5,000,000 from moneys received under a federal program for assisting
schools and libraries in obtaining telecommunications services and Internet access,
which is commonly known as the federal e-rate program; and 3) at the end of each
fiscal year, transferring the unencumbered balances from other USF-funded
appropriations. Also, beginning July 1, 2018, the bill allows the PSC to fund its
duties regarding broadband expansion from contributions made by
telecommunications providers to the USF.
