1. Career and technical education incentive grants — $3,500,000
2. Technical education equipment grants — $500,000
3. Teacher development program grants — $0
4. Apprenticeship programs — $225,000
5. Local youth apprenticeship grants — $2,233,700
6. Employment transit assistance grants — $464,800
7. Youth summer jobs programs in 1st class cities (currently only the city of
Milwaukee) — $422,400
Under the bill, DWD may request that JCF transfer moneys from the Fast
Forward appropriation account to the appropriation accounts for the teacher
development program grants and local youth apprenticeship grants to fund those
grant programs.
The bill also converts the Fast Forward appropriation from a continuing
appropriation to an annual appropriation.
12.
Under current law, DOA contracts with a vendor to provide web-based
technology services through a web portal to state agencies, state authorities, units
of the federal government, local governmental units, tribal schools, individuals, and
entities in the private sector. Revenue received from the fees charged for certain
services provided through the self-funded web portal is disbursed as payment to the
vendor.
This bill requires DOA to submit to JCF and the legislature by October 1 of each
year a report on the administration of the self-funded portal. The report must
include the following information: 1) a financial statement of state revenues and
expenditures; 2) a list of services available; 3) fees charged for each service; 4) the
activity level of each service; and 5) any other information that DOA determines is
appropriate to include.
13.
This bill eliminates the power of the attorney general to appoint a solicitor
general and up to three deputy solicitors general, each of whom must be licensed to
practice law in this state. The effect of the bill is to eliminate the Office of the Solicitor
General in the Department of Justice, which represents the state in certain cases on
appeal in state and federal courts.
14.
Under current law, the board of directors of the Wisconsin Economic
Development Corporation consists of 12 voting members as follows:
1. Six members are appointed by the governor subject to senate confirmation,
to serve at the pleasure of the governor.
2. Three members are appointed by the speaker of the assembly, consisting of
one majority and one minority party representative to the assembly and one person
employed in the private sector, all of whom serve at the speaker's pleasure.
3. Three members are appointed by the senate majority leader, consisting of
one majority and one minority party senator and one person employed in the private
sector, all of whom serve at the majority leader's pleasure.
Under this bill, the board consists of 18 members. The speaker of the assembly
and the senate majority leader each appoint five members to the board, and the
appointees need not be members of the legislature nor employed in the private sector.
Also, under the bill, the minority leader of each house appoints one member to the
board. The membership appointed by the governor remains unchanged.
The bill further provides that the chief executive officer of WEDC is appointed
by the board of directors of WEDC and serves at the pleasure of the board. Currently,
the governor appoints the CEO.
15.
This bill requires the presidential preference primary to be held on the second
Tuesday in March rather than the first Tuesday in April.
16.
Under current law, a qualified elector may apply for an absentee ballot
in-person no earlier than the third Monday preceding the election and no later than
the Friday preceding the election. Under this bill, a qualified elector may apply for
an absentee ballot in-person no earlier than the third Saturday preceding the
election and no later than the Friday preceding the election.
17.
This bill requires a party that alleges that a statute is unconstitutional, or in
violation of or preempted by federal law, to serve the speaker of the assembly, the
president of the senate, and the senate majority leader with a copy of the proceeding.
The bill also requires that, in such cases, the assembly, the senate, and the Joint
Committee on Legislative Organization (JCLO) are entitled to be heard,
representing the legislature and the state.
Under current law, if a statute, ordinance, or franchise is alleged to be
unconstitutional, the attorney general must be served with a copy of the proceeding
and be entitled to be heard. This requirement exists in the statutes for declaratory
judgment acts under s. 806.04 (11). The Wisconsin Supreme Court has also extended
the requirement to other types of actions involving claims that a statute is
unconstitutional. See Kurtz v. City of Waukesha, 91 Wis. 2d 103, 280 N.W.2d 757
(1979). This bill incorporates the Kurtz rule into the statutes and extends both the
current statutory and Kurtz requirements of service and an opportunity to be heard
to the legislature when a statute is alleged to be unconstitutional or in violation of
or preempted by federal law.
The bill also provides that when a party challenges the constitutionality of a
statute, facially or as applied, or challenges a statute as violating or preempted by
federal law, as part of a claim or affirmative defense, the assembly, the senate, and
JCLO have the right at any time to intervene and participate in the action and may
also retain legal counsel other than DOJ. Under the bill, the Committee on Assembly
Organization may intervene in the action, as well as obtain legal counsel, on behalf
of the assembly; the Committee on Senate Organization may intervene in the action,
as well as obtain legal counsel, on behalf of the senate; and JCLO may intervene in
the action, as well as obtain legal counsel, on behalf of the state. If JCLO determines
that the interests of the state will be best represented by special counsel appointed
by the legislature, JCLO must appoint special counsel to represent the state
defendants and act instead of the attorney general. In these circumstances, special
counsel has the powers of the attorney general with respect to the litigation to which
special counsel has been appointed.
Under current law, DOJ deposits settlement funds that are not committed
under the terms of the settlement into a DOJ appropriation and may spend the funds
only after submitting a plan for the expenditure to JCF for passive review. If JCF
does not schedule a meeting to review the proposed plan within 14 days, DOJ may
expend the funds as provided in the plan. This bill requires that DOJ must deposit
all settlement funds into the general fund. This bill also lapses all unencumbered
settlement funds that are currently in the DOJ appropriation into the general fund.
Current law allows the attorney general to compromise or discontinue an action
DOJ is prosecuting if the governor approves the compromise or discontinuance. This
bill requires JCF to approve the compromise or discontinuance instead of the
governor. Current law allows the attorney general to settle and compromise actions
in which the attorney general is appearing for and defending the state as the
attorney general determines to be in the best interest of the state. This bill requires
that, if the action is for injunctive relief or there is a proposed consent decree, the
attorney general must submit the settlement or compromise plan to JCF for passive
review. If JCF does not schedule a meeting to review the plan within 14 days, the
attorney general may proceed, but, if JCF does schedule a meeting, the attorney
general may proceed only with the approval of JCF.
The bill further provides that the attorney general may not submit a proposed
settlement plan to JCF in which the plan concedes the unconstitutionality or other
invalidity of a statute without the approval of JCLO.
18.
Under current law, as the final step of the administrative rule process, an
agency must file a certified copy of a rule with the Legislative Reference Bureau for
publication. Filing a certified copy of a rule with the LRB creates a number of
presumptions, including that the rule was duly promulgated by the agency and that
all of the required rule-making procedures were complied with.
This bill eliminates the statutory presumptions that a rule was “duly”
promulgated by the agency and that all of the required rule-making procedures were
complied with.
19.
Under current law, DOR must determine the amount of additional revenue
collected from the state sales and use tax as a result of any federal law that expands
the state's authority to collect sales and use taxes from out-of-state retailers. After
DOR makes that determination, it must then determine how much the individual
income tax rates may be reduced in the following taxable year in order to decrease
individual income tax revenue by the amount of additional sales and use tax revenue.
Finally, DOR must certify its determinations to the secretary of administration, to
the governor, and to the legislature and specify that the new individual income tax
rates will take effect in the following year. No further legislation is required to make
this change.
The U.S. Supreme Court recently upheld a South Dakota law that required the
collection of state sales and use taxes from any out-of-state seller that either
conducts 200 or more transactions annually with consumers in the state or has
annual sales in the state exceeding $100,000. See, South Dakota v. Wayfair, Inc., 585
U.S. ___ (2018). The Wayfair decision overturned longstanding precedent that
prevented a state from collecting sales and use tax from out-of-state sellers that did
not have a physical presence in the state. See, Quill Corp. v. North Dakota, 504 U.S.
298 (1992).
This bill clarifies that the recent U.S. Supreme Court decision that expands a
state's authority to collect sales and use taxes from out-of-state retailers triggers the
determinations mentioned above. The bill also provides that the new individual
income tax rates based on the determinations would not take effect automatically in
the year following DOR's certification, but, instead, DOA, in consultation with DOR,
would determine the new tax rates to take effect for the taxable year ending on
December 31, 2019, and report its determinations to the governor, JCF, and the
Legislative Audit Bureau. LAB would then review the determinations and report its
findings to JCF and the Joint Legislative Audit Committee. If LAB's review results
in a re-determination of the rates, JCF would determine which rates apply to the
taxable year ending on December 31, 2019, and report its determination to the
governor, the secretary of administration, and the secretary of revenue. Finally, the
bill includes in the definition of a “retailer engaged in business in this state” any
retailer that has annual gross sales into this state in excess of $100,000 or an annual
number of separate sales transactions into this state of 200 or more.
20.
Current law requires DOA, at the direction of JCLO, to lease or acquire office
space for legislative offices or legislative service agencies. This bill requires instead
that the cochairpersons of JCLO lease or acquire office space for legislative offices
or legislative services agencies.
21.
Currently, representatives to the assembly and senators, as well as legislative
employees, may receive legal representation from DOJ in most legal proceedings.
Assembly and senate policies and practices also allow legislators and legislative
employees to retain outside legal counsel in some instances.
With respect to the assembly, the bill provides that the speaker of the assembly
may authorize a representative to the assembly or assembly employee who requires
legal representation to obtain outside legal counsel if the acts or allegations
underlying the action are arguably within the scope of the representative's or
employee's duties. The speaker may also obtain outside legal counsel in any action
in which the assembly is a party or in which the interests of the assembly are
affected, as determined by the speaker.
With respect to the senate, the bill provides that the senate majority leader may
authorize a senator or senate employee who requires legal representation to obtain
outside legal counsel if the acts or allegations underlying the action are arguably
within the scope of the senator's or employee's duties. The majority leader may also
obtain outside legal counsel in any action in which the senate is a party or in which
the interests of the senate are affected, as determined by the majority leader.
Finally, the bill provides that the cochairpersons of JCLO may authorize a
legislative service agency employee who requires legal representation to obtain
outside legal counsel if the acts or allegations underlying the action are arguably
within the scope of the employee's duties. The cochairpersons may also obtain
outside legal counsel in any action in which the legislature is a party or in which the
interests of the legislature are affected, as determined by the cochairpersons.
22.
Under current law, a state agency must prepare a fiscal estimate for each
proposed rule, which must describe the fiscal effect of the proposed rule on local
governmental fiscal liabilities and revenues, the fiscal effect of the proposed rule on
state government, and, for rules that the agency determines may have a significant
fiscal effect on the private sector, the anticipated costs that will be incurred by the
private sector in complying with the rule. Also under current law, the agency must
prepare an economic impact analysis for a proposed rule, which must contain certain
specified information on the economic effect of the proposed rule on specific
businesses, business sectors, public utility ratepayers, local governmental units, and
the state's economy as a whole, as well as certain other information regarding the
economic impact of the proposed rule.
This bill specifically requires an economic impact analysis for a proposed rule
to be prepared and submitted separately from the fiscal estimate for the proposed
rule.
23.
This bill provides that a plan submitted by an agency to the federal government
for the purpose of complying with federal law (compliance plan) does not confer
rule-making authority and cannot be used by an agency as authority to promulgate
rules. The bill provides that no agency may agree to promulgate a rule as a
component of a compliance plan unless the agency has explicit statutory authority
to promulgate the rule at the time the compliance plan is submitted to the federal
government.
24.
This bill requires the Department of Corrections to submit a report to the
legislature upon request, and to post the report on its website, regarding individuals
who, since the previous report or during a date range specified in the request, were
pardoned or released from imprisonment before completing their sentences. The
report must identify each individual by name, include the crime for which he or she
was convicted, and provide the name of the person who pardoned the individual or
authorized the early release. If an individual appears on a report requested under
this bill and is subsequently convicted of a crime, this bill requires DOC to report also
the name of that individual and the crime.
25.
This bill requires all executive branch state agencies, other than the Board of
Regents of the University of Wisconsin System, to submit a quarterly report to JCF
listing all state agency expenditures for state operations in the preceding calendar
quarter. The report must specifically detail all expenditures for administrative
supplies and services that are made at the discretion of or to be used by heads of state
agencies, secretaries, deputy secretaries, assistant deputy secretaries, and executive
assistants. Under the bill, “state operations” means all agency expenditures except
aids to individuals and organizations and local assistance.
26.
Under current law, administrative rules that are in effect may be temporarily
suspended by JCRAR. If JCRAR suspends a rule, JCRAR must introduce bills in
each house of the legislature to make the suspension permanent. If neither bill to
support the suspension is ultimately enacted, the rule may remain in effect and
JCRAR may not suspend the rule again.
This bill provides that JCRAR may suspend a rule multiple times.
27.
Under current law, an agency may, by rule or by an order in a particular case,
specify that the decision of a hearing examiner who conducts a hearing in a contested
case proceeding is the final decision of the agency. This bill prohibits an agency from
delegating the authority to issue a final decision in a contested case to a hearing
examiner. This bill also requires that all final decisions of an agency must be
approved, signed, and dated by the secretary of the agency.
28.
The bill provides that any individual nominated by the governor or another
state officer or agency, and with the advice and consent of the senate appointed, to
any office or position may not hold the office or position, be nominated again for the
office or position, or perform any duties of the office or position during the legislative
session biennium if the individual's confirmation for the office or position is rejected
by the senate. Currently, there is no prohibition against the governor or another
state officer or agency nominating the individual again for the office or position or
appointing the individual to the office or position as a provisional appointment.
29.
This bill requires that WEDC obtain approval from JCF under passive review
before WEDC designates a new enterprise zone under the enterprise zone tax credit
program. The bill also eliminates any restriction on the number of enterprise zones
WEDC may designate. Currently, WEDC may not designate more than 30 enterprise
zones.
30.
This bill provides that for Southeast Wisconsin freeway megaprojects, major
highway development projects, and certain state highway rehabilitation projects for
which DOT spends federal money, federal money must make up at least 70 percent
of the aggregate funding for those projects. The bill provides that if DOT determines
that it cannot meet this requirement or that it can make more effective and efficient
use of federal money, DOT may submit a proposed alternate funding plan to JCF for
review under its passive review procedure.
The bill requires DOT to notify political subdivisions receiving aid for local
projects whether the aid includes federal moneys and how those moneys must be
spent. The bill provides that, for projects that receive no federal money and that are
reviewed and approved by a professional engineer or the county highway
commissioner, DOT may not require political subdivisions to comply with any
portion of DOT's facilities development manual other than design standards.
31.
Under current law, an applicant for a driver's license or identification card must
provide to DOT 1) an identification document that includes either the applicant's
photograph or both the applicant's full legal name and date of birth; 2)
documentation showing the applicant's date of birth, which may be the same as item
1; 3) proof of the applicant's social security number or verification that the applicant
is not eligible for a social security number; 4) documentation showing the applicant's
name and address of principal residence; and 5) documentary proof that the
applicant is a U.S. citizen or is otherwise lawfully present in the United States.
In 2015 and 2017, DOT promulgated rules, the first establishing and the second
modifying, a procedure by which persons requesting free identification cards for the
purpose of voter identification could receive these cards despite being unable to
provide required documentary proof. In general, the procedure requires an applicant
to provide DOT with either 1) the applicant's full legal name, date of birth, place of
birth, and any other birth record information requested by DOT; or 2) the applicant's
alien or U.S. citizenship and immigration service number or U.S. citizenship
certificate number. DOT then shares this information with the Department of
Health Services or the federal government for the purpose of verifying the applicant's
identity. In general, a person may receive a voter identification card under this
procedure if either DHS or the federal government verifies the person's identity or
if DOT receives acceptable alternate documentation. This bill incorporates this
verification procedure into the statutes.
DOT's 2017 rule also provided a procedure by which an applicant for an
identification card could obtain a card with a name other than the name that appears
on the applicant's supporting documentation. The bill also incorporates this
procedure into the statutes.
Under current law, an unexpired identification card issued by an accredited
university or college in this state may be used as identification for voting purposes
if it contains a photograph and the signature of the person to whom it was issued, it
expires no later than two years after the date of issuance, and the person establishes
that he or she is enrolled as a student at the university or college on election day. The
Government Accountability Board (now the Elections Commission) promulgated a
rule to clarify that an identification card issued by a technical college that is governed
by this state's technical college system may be used for voting purposes. The bill
codifies the rule.
32.
Under current law, a claimant for unemployment insurance benefits is
generally required to conduct searches for work each week to be eligible for
unemployment benefits and to register for work. Current law provides that a
claimant who is laid off is exempt from these requirements if the claimant reasonably
expects to be reemployed by the former employer and DWD verifies that expectation.
Administrative rules promulgated by DWD require DWD to grant a claimant a
waiver of the work search and registration requirements for eight weeks if the
claimant reasonably expects to be reemployed with the claimant's employer within
that period and allow an additional four-week extension of that waiver. The rules
also provide additional reasons a claimant may qualify for a waiver and require
claimants for whom the requirements are not waived to provide verification of
having complied with work search and registration requirements.
This bill eliminates DWD's authority to establish waivers from work search and
registration requirements and codifies the current waivers contained in DWD's
rules. However, the bill allows DWD to modify or eliminate a waiver, or to create
additional waivers, if doing so is necessary to comply with federal law or is
specifically allowed under federal law. The bill also codifies the requirement that a
claimant provide verification of having complied with work search and registration
requirements.
33.
This bill requires DOA to submit any proposed changes to security at the
capitol, including the posting of a firearm restriction, to JCLO for approval under
passive review.
34.
Under current law, the Department of Natural Resources administers the
municipal flood control and riparian restoration program, which provides grants
that pay a portion of the costs of facilities and structures for the collection and
transmission of storm water, including the purchase of flowage and conservation
easements on lands within floodways, and of floodproofing public and private
structures located in the 100-year floodplain. Current law requires DNR to
promulgate rules specifying eligibility criteria for projects and for determining which
projects will receive financial assistance. However, under current law, during the
2017-19 fiscal biennium, DNR must consider an applicant to be eligible for such a
grant if the project is funded or executed in whole or in part by the U.S. Army Corps
of Engineers' small flood control projects program, and DNR must provide such an
applicant with a cost-sharing grant not to exceed $14,600,000. This bill extends this
requirement to the 2019-21 biennium as well.
35.
This bill changes DOJ gifts and grants appropriations from continuing
appropriations to annual appropriations.
36.
The bill a) requires committees appointed by agencies to provide advice with
respect to rule making to submit a list of the members of the committee to JCRAR;
b) makes various changes with respect to the required content and preparation of
statements of scope and EIAs for rules, including mandating minimum comment
periods for EIAs for rules; c) prohibits an agency from submitting a statement of
scope for a proposed rule to the LRB for publication in the register more than 30 days
after the date of the governor's approval of the statement of scope without the
approval of the governor; and d) codifies current practice by allowing an agency that
intends to concurrently promulgate an emergency rule and a permanent rule that
are identical in substance to submit one statement of scope indicating this intent.
37.
This bill modifies current law regarding the voting procedures for military and
overseas electors so that the law is in substantial compliance with the federal
Uniformed and Overseas Citizens Absentee Voting Act. The bill also modifies
current law so that an individual signing the witness certification for an absentee
ballot cast by a military elector or overseas elector need not be a United States
citizen.
The bill allows all overseas electors to receive absentee ballots electronically,
regardless of whether such electors are considered permanently or temporarily
overseas. Under the bill, an overseas elector is a U.S. citizen who is residing outside
of the United States, who is not disqualified from voting, who has attained or will
attain the age of 18 by the date of an election at which the citizen proposes to vote,
who was last domiciled in this state or whose parent was last domiciled in this state
immediately prior to the parent's departure from the United States, and who is not
registered to vote or voting in any other state, territory, or possession.
38.
This bill 1) prohibits a court from according deference to agency interpretations
of law in certain proceedings and prohibits agencies from seeking deference in any
proceeding to agency interpretations of law; 2) establishes various requirements
with respect to the adoption and use of guidance documents by agencies, including
requirements that agencies must comply with in order to adopt guidance documents;
and 3) provides that settlement agreements do not confer rule-making authority.
Generally under current law, when reviewing an agency decision in a contested
case or other matter subject to judicial review under the law governing
administrative procedure for state agencies, a court must accord due weight to the
experience, technical competence, and specialized knowledge of the agency involved,
as well as discretionary authority conferred upon it. Consistent with the Wisconsin
Supreme Court's decision in Tetra Tech EC, Inc. v. Wis. Dep't of Revenue, 2018 WI 75,
the bill limits this directive such that a court performing judicial review of such a
decision must accord no deference to an agency's interpretation of law.