The bill extends the deadline for a governmental unit to adopt and begin
administration of a maintenance program from October 1, 2019, to October 1, 2024.
The bill also eliminates the deadline for completing the initial inventory of POWTS
but specifies that the governmental unit is not eligible for POWTS grant funding
until the governmental unit completes the initial inventory.
3. Repeal chiropractic examination appropriation
This bill eliminates the appropriation for developing and administering
examinations required for obtaining a chiropractic license. The requirement to
successfully complete an examination administered by the Chiropractic Examining
Board was replaced by
2013 Wisconsin Act 20 with a requirement to successfully
complete an examination administered by the National Board of Chiropractic
Examiners.
shared revenue
Increase in county and municipal aid
This bill increases the amount that each county and municipality annually
receives as a county and municipal aid payment. Currently, a county or municipality
receives a payment equal to what it received in 2012. The bill increases that amount
by 2 percent.
State government
General state government
Project labor agreements
Under current law, the state and local units of government are prohibited from
engaging in certain practices in letting bids for state procurement or public works
contracts. Among these, as established by
2017 Wisconsin Act 3, the state and local
governments may not do any of the following in specifications for bids for the
contracts: a) require that a bidder enter into an agreement with a labor organization;
b) consider, when awarding a contract, whether a bidder has or has not entered into
an agreement with a labor organization; or c) require that a bidder enter into an
agreement that requires that the bidder or bidder's employees become or remain
members of a labor organization or pay any dues or fees to a labor organization. This
bill repeals these limitations related to labor organizations.
2. Technology for Educational Achievement program
This bill makes various changes to the Technology for Educational
Achievement program, known as TEACH, which is administered by DOA. The
TEACH program offers telecommunications access to school districts, private
schools, cooperative educational service agencies, technical college districts,
independent charter school authorizers, juvenile correctional facilities, private and
tribal colleges, and public library boards at discounted rates and by subsidizing the
cost of installing data lines and video links. As part of the TEACH program, DOA
awards information technology block grants to rural school districts and public
libraries to improve information technology infrastructure. Under current law, the
information technology block grant program ends on July 1, 2019. The maximum
total amount DOA is allowed to award under the block grant program in the 2018-19
fiscal year is $7,500,000.
The bill continues the information technology block grant program until June
30, 2021. The bill also specifies that in each of the 2019-20 and 2020-21 fiscal years,
the maximum total amount DOA may award under the block grant program is
$3,000,000. The bill also specifies that a school district's eligibility for the block
grants is based on its membership in the most recent school year for which finalized
data is available, instead of membership in the previous year. For other block grant
requirements that refer to municipal population, the bill clarifies that population is
determined in the first year of a fiscal biennium. For block grants made to public
libraries, the bill makes changes to eligibility requirements pertaining to rural
territories and makes certain public library systems and consortia of public libraries
eligible for the grants.
The bill also eliminates grants to the following under the TEACH program: a)
school districts, public libraries, and public library systems for training teacher and
librarians to use educational technology; and b) school districts for developing and
implementing a technology-enhanced high school curriculum. For the educational
telecommunications access program under TEACH, the bill increases the data line
speed that applies to a limit on what DOA may charge educational agencies for data
lines. The bill also eliminates references to video links under the TEACH program.
3. The office of sustainability and clean energy
This bill creates the office of sustainability and clean energy in DOA to
administer certain energy programs. The office is headed by a director outside the
classified service who is appointed by the governor to serve at the governor's
pleasure. Under current law, the PSC has established an office of energy innovation
to administer various energy-related programs, including utility-funded statewide
energy efficiency and renewable resources programs that are commonly referred to
as Focus on Energy programs. The bill transfers the administration of those
energy-related programs, except for Focus on Energy programs, to the office created
in the bill. The bill also transfers to that office certain duties of the PSC regarding
state agency energy planning, energy shortage contingency planning, and
administering federal energy grants. Also, the bill requires that office to work on
initiatives with specified goals regarding clean and renewable energy, innovative
sustainability, and diversification of energy resources and imposes duties on the
office for advising, supporting, reporting, and assisting state agencies, local
governments, and private entities on clean and renewable energy. The bill allows the
office to provide technical assistance to governmental units that is similar to
technical assistance the PSC is allowed to provide under current law, and the bill
requires the office and PSC to consult with each other on that assistance. In addition,
the bill requires the office to establish a program for making grants from the
environmental fund for clean energy production research.
4. Lease administration efficiencies
Under current law, DOA has the general responsibility for leasing real property
by the state. Under current law, DOA, when entering into or renewing such a lease,
must conduct a cost-benefit analysis comparing the proposed lease to the purchase
of the space or another suitable space and must evaluate comparable lease options
within a ten-mile radius to ensure that the proposed lease rates do not exceed lease
rates on comparable properties or the market rate by more than 5 percent. This bill
modifies those requirements so they apply only if DOA is entering into a new lease
and exempts various leases from those requirements including leases costing under
$25,000 annually and leases for student housing; public defender office space;
towers, hangars, and easements; DWD job centers; DMA recruiting offices; and
facilities with a location required by law or designated by necessity or practical
purposes.
5. Use of proceeds from the sale or lease of state-owned real property
Currently, with certain exceptions, DOA or the Building Commission may sell
or lease state-owned real property. Any sale by DOA is subject to approval of the
Building Commission, and any sale by DOA or the Building Commission is subject
to approval by JCF. Current law specifies how the net proceeds of the sale or lease
of state-owned real property must be used and, in doing so, establishes several steps
DOA or the Building Commission must follow in succession.
First, the net proceeds must be used to retire any public debt that was used to
finance the acquisition, construction, or improvement of the property that is sold or
leased. This bill authorizes DOA or the Building Commission at this step in the
process to deposit some or all of the net proceeds into the capital improvement fund
for use as a substitute source of funding for a project enumerated under the
authorized state building program that is within the same statutory bond purpose,
as defined in the bill, as the property that is sold or leased. At this step in the process,
DOA or the Building Commission may not deposit more proceeds in the capital
improvement fund than would have been used to retire the debt associated with the
property.
Next, current law specifies several required uses of the remaining net proceeds.
For example, if the sold or leased property was acquired, constructed, or improved
with federal financial assistance, DOA or the Building Commission must pay to the
federal government any of the net proceeds required by federal law. Once those
required payments are satisfied, any remaining net proceeds must be used to pay
principal and interest costs on outstanding public debt issued to finance the
acquisition, construction, or improvement of property. The bill again authorizes
DOA or the Building Commission at this step to deposit some or all of the net
proceeds into the capital improvement fund for use as a substitute source of funding
for a project enumerated under the authorized state building program that is within
the same statutory bond purpose as the property that is sold or leased.
Finally, if net proceeds remain after the first two steps in the process, current
law requires that the net proceeds be used to retire other outstanding public debt.
The bill authorizes DOA or the Building Commission at this final step to deposit
some or all of the net proceeds into the capital improvement fund for use as a
substitute source of funding for any statutory bond purpose.
6. Transfer to the state building trust fund
This bill transfers $10,000,000 from the general fund to the state building trust
fund. The state building trust fund is a segregated, nonlapsible fund that is used for
carrying out the state's building program, especially for advanced planning
purposes.
7. Funding for general program operations of the state treasurer
This bill appropriates funds for the general program operations of the Office of
the State Treasurer.
8. Repeal of the homeless employment grant program
This bill repeals a grant program under which DOA awards grants of up to
$75,000 to a municipality for the purpose of connecting homeless individuals with
permanent employment. Under current law, a municipality receiving a grant under
the program must itself contribute at least $50,000 for the purpose of the grant.
Current law also requires that, in awarding a grant, DOA must give preference to
municipalities that place a priority on using the grant moneys to pay the wages of
homeless individuals and that obtain an agreement from a nonprofit organization to
provide additional employment and support services to homeless individuals
participating in the grant program.
9. Volkswagen settlement grants
Under current law, moneys received under a settlement that the state received
from a legal action involving Volkswagen are held in an appropriation account that
limits spending to two purposes: replacement of state fleet vehicles and issuing
grants for the replacement of public transit vehicles. Under this bill, the grants may
be awarded both for the replacement of public transit vehicles and the installation
of electric vehicle charging stations. During the 2019-21 fiscal biennium, DOA must
allocate approximately 60 percent of the grants to the replacement of public transit
vehicles and approximately 40 percent of the grants to electric vehicle charging
stations, except that the secretary of administration may adjust the allocation if
necessary.
10. Procurement and risk management services
This bill authorizes DOA to provide technical assistance and other services
relating to procurement and risk management to local governmental units and
private organizations. The bill requires DOA to charge fees for its services.
11. Census activities
This bill creates a general purpose revenue appropriation for DOA for U.S.
census activities and preparation.
12. Diesel truck idling reduction grants
This bill eliminates the December 31, 2021, sunset for the diesel truck idling
reduction grant program, under which DOA makes grants to cover a portion of a
grant recipient's cost to purchase and field test devices that have the effect of
reducing the long-duration idling of diesel trucks.
13. Document sales appropriation
This bill moves the provision of document sales services and proceeds from
document services from one appropriation in DOA to another appropriation in DOA.
14. Risk management appropriation
This bill converts a DOA appropriation for risk management administration
from annual to continuing.
Legislature
Legislative intervention in certain court proceedings
Current law, under
2017 Wisconsin Act 369, provides that the legislature may
intervene as a matter of right in an action when a party to the action, as part of a
claim or affirmative defense, challenges in state or federal court the constitutionality
of a statute, facially or as applied, challenges a statute as violating or preempted by
federal law, or otherwise challenges the construction or validity of a statute. Act 369
also provides that the legislature must be served with a copy of the proceedings in
all such actions, regardless of whether the legislature intervenes. This bill repeals
those provisions.
2. Retention of legal counsel by the legislature
Prior to
2017 Wisconsin Act 369, representatives to the assembly and senators,
as well as legislative employees, could receive legal representation from DOJ in most
legal proceedings. Assembly and senate policies and practices also allowed
legislators and legislative employees to retain outside legal counsel in some
instances.
Act 369 provided all of the following:
a. With respect to the assembly, 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;
and that the speaker may 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.
b. With respect to the senate, 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; and that the majority leader may 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.
c. That the cochairpersons of the Joint Committee on Legislative Organization
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; and that the
cochairpersons may 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.
This bill eliminates those provisions, restoring previous law with respect to the
legislature's retention of legal counsel.
3. Capitol security
Under Act 369, DOA is required to submit any proposed changes to security at
the capitol, including the posting of a firearm restriction, to the JCLO for approval
under passive review. This bill eliminates that requirement.
4. Advice and consent of the senate
Under Act 369, 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. This bill eliminates that restriction.
Administrative rules; guidance documents
Deference to agency interpretations of law
Prior to
2017 Wisconsin Act 369, the statutes did not prohibit courts from
according deference to agency interpretations of law in most circumstances. Under
Act 369, a court may not accord deference to agency interpretations of law and an
agency may not seek such deference from a court.
This bill restores the state of the law prior to Act 369 concerning deference to
agency interpretations of law.
2. Suspension of administrative rules
Prior to
2017 Wisconsin Act 369, administrative rules that were in effect could
be temporarily suspended by the Joint Committee for Review of Administrative
Rules. If JCRAR suspended a rule, JCRAR was required to introduce bills in each
house of the legislature to make the suspension permanent. If neither bill to support
the suspension was ultimately enacted, the rule would remain in effect and JCRAR
could not suspend the rule again. Under current law as established in Act 369,
JCRAR may suspend a rule multiple times.
This bill restores the prior law limitations on JCRAR's ability to suspend a rule.
3. Agency rule-making authority
Under
2017 Wisconsin Act 369, a settlement agreement, consent decree, or
court order does not confer rule-making authority and cannot be used by an agency
as authority to promulgate rules. Additionally, no agency may agree to promulgate
a rule as a term in any settlement agreement, consent decree, or stipulated order of
a court unless the agency has explicit statutory authority to promulgate the rule at
the time the settlement agreement, consent decree, or stipulated order of a court is
executed.
This bill repeals those limitations on agency rule-making authority.
4. Guidance documents
2017 Wisconsin Act 369 established various requirements with respect to the
adoption and use of guidance documents by state agencies, including requirements
that agencies must satisfy in order to adopt guidance documents.
Under Act 369, each agency must submit each proposed guidance document to
the Legislative Reference Bureau for publication in the Administrative Register and
must provide a period for persons to submit written comments to the agency on the
proposed guidance document. The agency must retain all written comments
submitted during the public comment period and consider those comments in
determining whether to adopt the guidance document as originally proposed, modify
the proposed guidance document, or take any other action. Act 369 also requires each
adopted guidance document, while valid, to remain available on the agency's
Internet site and requires the agency to permit continuing public comment on the
guidance document. Each guidance document must be signed by the head of the
agency below a statement containing certain certifications.
Also, under Act 369, a guidance document does not have the force of law and
does not provide 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 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.
This bill eliminates those and related requirements established under Act 369
with respect to agency guidance documents.
5. Informational materials
Under
2017 Wisconsin Act 369, a state agency must provide a statutory or
administrative rule citation for any statement or interpretation of law that the
agency provides in its informational materials. This bill repeals that requirement.
Public utility regulation
Focus on energy spending
The bill allows the PSC to require investor-owned electric and natural gas
public utilities to spend more than 1.2 percent of their annual operating revenues on
certain energy efficiency, conservation, and renewable resource programs, which are
commonly referred to as Focus on Energy programs. Current law limits the PSC's
authority by capping the required spending at 1.2 percent of the revenues on those
programs. The bill requires the PSC to submit to JCF a proposal for requiring the
spending of a greater percentage on the programs. If the cochairpersons of JCF do
not notify the PSC within ten working days after submission of such a proposal that
JCF has scheduled a meeting to review the proposal, the PSC may require that the
utilities spend the greater percentage. If the cochairpersons of JCF do notify the PSC
within ten working days after submission of such a proposal that JCF has scheduled
a meeting to review the proposal, and JCF either approves or does not object to the
proposal within 90 days of providing the notification to the PSC, the PSC may require
that the utilities spend the greater percentage. However, if JCF objects to the
proposal within the 90-day period, the PSC may not require that the utilities spend
the greater percentage.
2. Broadband expansion grants
The bill makes changes to the broadband expansion program administered by
the PSC. Under current law, the PSC makes grants for constructing broadband
infrastructure in “underserved” areas, which are defined as areas of the state served
by fewer than two broadband service providers. The bill revises the definition of
underserved so that it refers instead to an area of the state in which households or
businesses lack access to broadband service of at least 25 megabits per second
download speed and 3 megabits per second upload speed. Current law also specifies
various criteria for the PSC to prioritize grants for certain types of projects. One of
the criteria is to prioritize grants for projects that affect “unserved” areas, which are
defined, in part, as areas with Internet service that does not exceed minimum speeds
based on speeds designated by the Federal Communications Commission. The bill
revises the definition of “unserved” so that it refers instead to areas in which
households or businesses lack access to broadband service of at least 10 megabits per
second download speed and 1 megabit per second upload speed.
The bill provides additional funding for the broadband expansion grant
program by making transfers 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. The bill
transfers $6,900,000 in fiscal year 2019-20 and $17,300,000 in fiscal year 2020-21.
The bill also appropriates general purpose revenue for the broadband expansion
grant program.
3. State broadband goal
This bill creates a state goal that, no later than January 1, 2025, all businesses
and homes in the state have access to high-speed broadband that provides minimum
download speeds of at least 25 megabits per second and minimum upload speeds of
at least 3 megabits per second.
4. Broadband report
This bill requires the PSC and DOA to jointly submit a report to the governor
and the legislature no later than June 30, 2020, that provides a) updates on emerging
broadband technologies, b) recommendations for incentives to broadband providers
to serve unserved or underserved areas of the state, and c) proposals for leveraging
existing state agency technology, resources, or a combination of technology and
resources to serve those areas of the state.
5. Carbon-free electricity
The bill specifies a state goal that all electricity produced within the state is 100
percent carbon-free by January 1, 2050.
6. Ratepayer advocate grants
The bill increases from $300,000 to $500,000 the total annual grants PSC is
allowed to make to nonprofit corporations that advocate at PSC on behalf of public
utility ratepayers.
7. High-voltage transmission line fees
