This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
DOA   Department of Administration
DOC   Department of Corrections
DOJ   Department of Justice
DOR   Department of Revenue
DOT   Department of Transportation
DPI   Department of Public Instruction
DSPS   Department of Safety and Professional Services
DVA   Department of Veterans Affairs
DWD   Department of Workforce Development
ETF   Department of Employee Trust Funds
GPR   General purpose revenue
HEAB   Higher Educational Aids Board

JCF   Joint Committee on Finance
OCI   Office of the Commissioner of Insurance
PSC   Public Service Commission
TCS   Technical College System
UW   University of Wisconsin
WEDC   Wisconsin Economic Development Corporation
WHEDA   Wisconsin Housing and Economic Development Authority
WHEFA   Wisconsin Health and Educational Facilities Authority
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Agriculture
Spending cap for the Wisconsin agricultural exports program
Under current law, the Center for International Agribusiness Marketing,
operated by DATCP, promotes the export of Wisconsin agricultural and agribusiness
products in foreign markets. Current law provides that the center may not expend
more than $1,000,000 in any fiscal year. This bill eliminates the
$1,000,000-per-year spending cap for the center.
Meat processing tuition and curriculum development grants
The bill requires DATCP to provide grants to universities, colleges, and
technical colleges to reimburse tuition costs of students enrolled in a meat processing
program and for curriculum development of those meat processing programs. Each
tuition reimbursement covers up to 80 percent of the tuition cost for enrolling in a
meat processing program, limited to a maximum reimbursement of $7,500.
Food security and Wisconsin products grant program
The bill allows DATCP to provide grants to food banks, food pantries, and other
nonprofit organizations to purchase Wisconsin food products.
Farm to fork program
The bill creates a farm to fork program, similar to the existing farm to school
program, to connect entities, other than school districts, that have cafeterias to
nearby farms to provide locally produced foods in meals and snacks, to help the public
develop healthy eating habits, to provide nutritional and agricultural education, and
to improve farmers' incomes and direct access to markets. Under the bill, DATCP
may provide grants to entities for these purposes.
Value-added agricultural practices
The bill allows DATCP to provide education and technical assistance related to
producing value-added agricultural products. Under the bill, DATCP may provide
education and assistance related to organic farming practices; collaborate with
organic producers, industry participants, and local organizations that coordinate
organic farming; and stimulate interest and investment in organic production. The
bill also allows DATCP to provide grants to organic producers, industry participants,
and local organizations, which may be used to provide education and technical
assistance related to organic farming, to help create organic farming plans, and to
assist farmers in transitioning to organic farming. The bill also authorizes DATCP
to provide grants to entities to provide education and training to farmers about best

practices related to grazing. DATCP is also authorized under the bill to help farmers
market value-added agricultural products.
Grants for hiring farm business consultants
The bill authorizes DATCP to provide grants to county agriculture agents of the
UW–Extension to help farm operators hire business consultants and attorneys to
examine their farm business plans and help them create farm succession plans.
Grants for food waste reduction pilot projects
The bill requires DATCP to provide grants for food waste reduction pilot
projects that have an objective of preventing food waste, redirecting surplus food to
hunger relief organizations, and composting food waste. Under the bill, DATCP
must give preference to grant proposals that serve census tracts for which the
median household income is below the statewide median household income and in
which no grocery store is located.
Tribal elder food security program
The bill creates a grant program under which DATCP must provide grants to
one or more nonprofit entities for the purpose of purchasing and distributing food to
tribal elders and for the purpose of supporting the growth and operations of
producers participating in the program. A nonprofit that receives a grant under the
program must give preference to purchasing food from, and supporting the growth
and operations of, indigenous-based food producers and local food producers.
The bill requires, annually, $1,500,000 in tribal gaming receipts to be used for
grants to purchase food and support distribution operations and $500,000 in tribal
gaming receipts to be used for grants to support the growth and operations of
producers under the program.
Labeling wild rice as “traditionally harvested"
The bill prohibits any person from labeling wild rice as “traditionally
harvested” unless the wild rice is harvested using traditional wild rice harvesting
methods of American Indian tribes or bands. The bill requires DATCP to promulgate
an administrative rule defining traditional wild rice harvesting methods of
American Indian tribes or bands. Under the bill, DATCP must obtain the advice and
recommendations of the Great Lakes Inter-Tribal Council, Inc., before promulgating
an administrative rule defining a traditional method of wild rice harvesting.
Farmland preservation implementation grants
The bill authorizes DATCP to award grants to counties to implement a certified
county farmland preservation plan.
County land conservation staff
Under current law, as part of the soil and water resource management program,
DATCP provides grants to counties for county conservation staffing. Current law
specifies the activities that county conservation staff may engage in with grants
provided under this program. The bill provides that these grants may also be used
to fund county conservation staff who administer or implement long-range planning
and erosion control mitigation.
Under current law, grants for county conservation staffing provide full funding
for a county's first conservation staff position; 70 percent of the cost of a county's

second position; and 50 percent of the cost of a county's third or subsequent position.
The county must provide the remaining funds for these conservation staff positions.
DATCP and DNR jointly prepare an allocation plan each year, setting out the
amounts to be paid to each county under the program. Current law also requires
DATCP and DNR to attempt to provide an average of $100,000 to each county for
staffing grants.
Under the bill, if any money remains after meeting these goals, DATCP and
DNR may provide, in their annual grant allocation plan, grants to counties for fourth
and subsequent conservation staff positions, with a requirement for the county to
pay an amount towards those positions as determined by DATCP and DNR; and
grants to counties to assist them in meeting their funding requirements for a second
or third conservation staff position.
Planning grants for establishing regional biodigesters
Under the bill, DATCP must provide planning grants for establishing regional
biodigesters in this state. Biodigesters are used to break down organic material into
gas, liquids, and solids.
Biodigester operator certification grants
The bill requires DATCP to provide grants to individuals seeking biodigester
operator certification. The bill also allows DATCP to promulgate administrative
rules establishing the application process and grant-awarding criteria for the
biodigester operator certification grants.
Water stewardship certification
The bill creates a grant program under which DATCP may provide grants to
reimburse the costs for agricultural producers to apply for a certification of water
stewardship from the Alliance for Water Stewardship. The grants must be made
directly to the producer, and may not be used to pay the costs of operational changes
needed to achieve certification.
Bonding for soil and water resource management
The bill increases the general obligation bonding authority for the soil and
water resource management program by $7,000,000. The program, which is
administered by DATCP, awards grants to counties to help fund their land and water
conservation activities.
New appropriation for existing and new grant and loan programs
The bill combines appropriations for several existing and new DATCP grant
and loan programs. Under the bill, the following programs are all funded from the
same GPR appropriation: the existing meat processing facility grant program, dairy
processing plant grant program, dairy producer loan and grant program, and Buy
Local grant program; and the new food security and Wisconsin products grant
program, Farm to Fork grant program, value-added agricultural products grant
program, and the farm business consultant grant program, all of which are created
under the bill. The bill also allows DATCP to use funds from this GPR appropriation
for the Something Special from Wisconsin program, in addition to the program's
current funding from program fees.

commerce and economic development
Commerce
Prohibiting discrimination in broadband and broadband subscriber rights
The bill prohibits a broadband service provider from denying access to a group
of potential residential customers because of their race or income. Under the bill,
DATCP has authority to enforce the prohibition and to promulgate related
administrative rules. The bill also authorizes any person affected by a broadband
service provider who violates the prohibition to bring a private action.
The bill establishes various requirements for broadband service providers,
including the following: 1) broadband service providers must provide service
satisfying minimum standards established by PSC, and subscribers may terminate
contracts if the broadband service provider fails to satisfy those standards; 2)
broadband service providers must provide service as described in advertisements or
representations made to subscribers; 3) broadband service providers must repair
broadband service within 72 hours after a subscriber reports a broadband service
interruption that is not the result of a major system-wide or large area emergency;
4) broadband service providers must give subscribers credit for interruptions of
broadband service that last more than four hours in a day; and 5) broadband service
providers must give subscribers at least 30 days' advance written notice before
instituting a rate increase.
The bill also requires each Internet service provider in this state to register with
PSC.
Eliminating minimum markup requirement for the sale of motor vehicle fuel
The bill exempts sales of motor vehicle fuel from the minimum markup
requirement under the Unfair Sales Act.
Under current law, the Unfair Sales Act 1) prohibits below-cost sales of any
merchandise if the sale is intended to induce the purchase of other merchandise or
divert trade unfairly from a competitor; and 2) requires a “minimum markup” (a
specified amount over the cost of the merchandise to the seller) to be added to sales
of motor vehicle fuel, tobacco products, fermented malt beverages, liquor, or wine.
The required minimum markup for motor vehicle fuel is 3, 6, or 9.18 percent of the
cost of the fuel to the seller, depending on whether the fuel is sold by a retailer or a
wholesaler and whether the fuel is sold from a retail station. The bill exempts sales
of motor vehicle fuel from the minimum markup requirement under the Unfair Sales
Act.
Changing the minimum age for cigarettes, tobacco products, and nicotine
products; imposing a minimum age for vapor products
The bill changes the minimum age in Wisconsin for purchasing cigarettes,
tobacco products, or nicotine products from 18 to 21 and imposes the same minimum
age for purchasing vapor products.
In December 2019, enacted legislation amending the federal Food, Drug, and
Cosmetic Act raised the federal minimum age for the sale of tobacco products from
18 to 21. Under current federal law, it is illegal for a retailer to sell any tobacco

product—including cigarettes, cigars, and e-cigarettes—to anyone under the age of
21.
Under current state law, “nicotine products” are products that contain nicotine
and that are not tobacco products, cigarettes, or products that have been approved
by the federal Food and Drug Administration for sale as a smoking cessation product.
“Tobacco products” include products such as cigars, chewing tobacco, and smoking
tobacco. “Vapor products” are noncombustible products that produce a vapor or
aerosol for inhalation from the application of a heating element, regardless of
whether the liquid or other substance contains nicotine.
Under current state law, no person under the age of 18 may purchase, attempt
to purchase, possess, or falsely represent his or her age for the purpose of receiving
any cigarette, nicotine product, or tobacco product with certain limited exceptions.
Current state law also prohibits any person from purchasing cigarettes, tobacco
products, or nicotine products on behalf of a person who is under the age of 18 and
subjects that purchaser to a penalty. A person is also prohibited under current state
law from delivering a package of cigarettes unless the person making the delivery
verifies that the person receiving the package is at least 18 years of age. The bill
changes these ages from 18 to 21. The bill similarly prohibits the purchase of vapor
products by or on behalf of a person who is under the age of 21.
Current state law prohibits a retailer, manufacturer, distributor, jobber,
subjobber, or independent contractor or an employee or agent of any of these persons
from selling or providing cigarettes or tobacco or nicotine products to an individual
who is under the age of 18 and from providing cigarettes or tobacco or nicotine
products to any person for free unless the cigarettes or products are provided in a
place where persons under 18 years of age are generally not permitted to enter.
Current state law also prohibits a retailer or vending machine operator from selling
cigarettes or tobacco or nicotine products from a vending machine unless the retailer
or vending machine operator ensures that no person under 18 years of age is present
on or permitted to enter the premises where the machine is located. The bill changes
these ages from 18 to 21. The bill similarly prohibits the sale or provision of vapor
products to a person who is under the age of 21.
Small Business Retirement Savings Board; retirement savings program
The bill creates a Small Business Retirement Savings Board, attached to DFI,
and requires the board to establish and oversee a small business retirement savings
program for certain privately employed individuals who are not eligible for an
employer-sponsored retirement plan. The board must contract with a vendor
(investment administrator) to provide specified services in administering the
program, including investment services and record-keeping services.
Under the bill, the board consists of the following seven members: the secretary
of financial institutions or his or her designee; two members appointed by the
governor; two members appointed, respectively, by the speaker of the assembly and
president of the senate; one member appointed by the secretary of financial
institutions; and one member appointed by the State of Wisconsin Investment Board.
The bill requires certain members to possess specified attributes or experience, and

all members except the secretary of financial institutions or his or her designee serve
four-year terms.
Under the bill, the board must design the program to meet certain
requirements. Among these, the program must allow eligible employees to
contribute to their accounts through payroll deductions and require participating
employers to withhold from employees' wages, through payroll deductions,
employees' account contributions and remit those contributions directly to the
investment administrator. A “participating employer” is a private employer that
does not offer a retirement savings plan to all employees; has at least one employee
who is a resident of this state; provides notice to the board of its election to participate
in the program; and certifies that, on the date of this notice, it had 50 or fewer
employees. An “eligible employee” is an individual who resides in this state and who
is employed by a private employer that does not offer a retirement savings plan in
which the individual may participate. The bill defines “account” as a retirement
savings account established for an eligible employee under the program. Other
requirements of the program are that the administrative costs must be low and the
fee that the investment administrator may charge an eligible employee is limited to
a fixed monthly fee in an amount approved by the board. The program must also
allow an eligible employee who has established an account to continue the account
after separating from employment with a participating employer if the account is
maintained with a positive balance.
Under the bill, after electing to participate in the program, a participating
employer must provide notice to each of its eligible employees of the eligible
employee's right to opt out of the program. Unless the eligible employee opts out, the
participating employer must enroll the eligible employee in the program and begin
making payroll deductions, which amounts are remitted to the investment
administrator as account contributions of the employee. Unless a different account
type is offered, and the employee selects another option, these contributions are
made to a Roth IRA for the employee. Unless the employee directs otherwise, during
the employee's first year of enrollment in the program, the participating employer
must make a payroll deduction each pay period at a rate of 5 percent of the employee's
gross wages, with this rate increasing by 1 percent per year until a maximum rate
of 10 percent is reached. However, the participating employer must make a good
faith effort to establish the payroll deduction at a rate that will not result in the
employee's total annual contributions exceeding maximum contribution limits
established by the board in accordance with the federal contribution limits for Roth
IRAs, although the participating employer is not responsible if excess contributions
occur. Under the program, the eligible employee must have certain investment
options within each account type, including a stable value or capital preservation
fund and a target date index fund or age-based fund. An eligible employee's first
$1,000 of contributions must be deposited in a stable value or capital preservation
fund, and thereafter, unless the employee selects a different investment option, the
employee's contributions must be deposited in a target date index fund or age-based
fund.

The bill specifies that, in establishing the program, the board may create or
impose any requirement or condition not inconsistent with the bill's requirements
that the board considers necessary for the effective functioning and widespread
utilization of the program. The bill also authorizes the board to enter into contracts
for services necessary for establishing and overseeing the program, including
services of financial institutions, attorneys, investment advisers, accountants,
consultants, and other professionals. The board may promulgate administrative
rules related to the program. DFI must provide the board with assistance necessary
for the program, including staff, equipment, and office space. The board may
delegate to DFI responsibility for carrying out any day-to-day board function
related to the program.
Implementation by DFI of section 529A ABLE savings account program
The bill requires DFI to implement a qualified ABLE program under section
529A of the Internal Revenue Code allowing tax-exempt accounts for qualified
expenses incurred by individuals with disabilities.
Under current federal law, states may create a qualified Achieving a Better Life
Experience program under which an individual may establish a tax-exempt savings
account to pay for qualified expenses, such as education, housing, and transportation
costs, for a beneficiary who is an individual with disabilities, as defined under federal
law. Although these accounts, commonly referred to as “ABLE accounts” or “section
529A accounts,” cannot be established under this state's law, they can be established
under another state's law, and if so established, withdrawals from these accounts for
payment of qualified disability expenses for the account beneficiary are exempt from
taxation in this state.
Current law also requires DFI to study and report on establishing a qualified
ABLE program, including examination of the advantages and disadvantages of
certain options and review and evaluation of related issues. DFI was required to
report to the legislature the results of the study, including DFI's findings and
recommendations, by September 1, 2022.
The bill requires DFI to implement and administer a qualified ABLE program,
either directly or by entering into an agreement with another state or alliance of
states to establish an ABLE program or otherwise administer ABLE program
services for the residents of this state. DFI must, within approximately nine months,
determine whether implementing the ABLE program directly or by entering into an
agreement is the best option for this state's residents. If DFI enters into an
agreement, the agreement may require the party contracting with DFI to do any of
the following: 1) develop and implement an ABLE program in accordance with all
requirements under federal law and modify the ABLE program as necessary for
participants to qualify for federal income tax benefits; 2) contract for professional
and technical assistance and advice in developing marketing plans and promotional
materials to publicize the ABLE program; 3) work with organizations with expertise
in supporting people with disabilities and their families in administering the
agreement and ensuring accessibility of the ABLE program for people with
disabilities; or 4) take any other action necessary to implement and administer the

ABLE program. The bill also requires DFI to provide on its website information
concerning ABLE accounts.
Sales by a municipality or county of wine in a public park
The bill allows a municipality or county to sell wine in its public parks without
an alcohol beverage license.
Under current law, with limited exceptions, no person may sell alcohol
beverages to a consumer unless the seller possesses a license or permit authorizing
the sale. Under one exception, no license or permit is required for the sale, by officers
or employees of a county or municipality, of fermented malt beverages (beer) in a
public park operated by the county or municipality.
The bill applies this exception to wine along with beer.
Closing hours for alcohol beverage retailers during the 2024 Republican
National Convention
The bill creates an exception allowing southeast Wisconsin municipalities to
authorize extended closing hours for certain alcohol beverage retailers during the
time that the 2024 Republican National Convention is held in Milwaukee.
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