For example, for general nonstatutory provisions relating to the State
Historical Society, see Section 9121. For any agency not assigned a two-digit
identification number or any provision that does not relate to the functions of a
particular agency, see number 51 (Other) within each type of provision. Separate
section numbers and headings appear for each type of provision and for each state
agency, even if there are no provisions included in that section number and heading.
Following is a list of the most commonly used abbreviations appearing in the
analysis:
DATCP Department of Agriculture, Trade and Consumer Protection
DCF Department of Children and Families
DETF Department of Employee Trust Funds
DFI Department of Financial Institutions
DHS Department of Health Services
DMA Department of Military Affairs
DNR Department of Natural Resources
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
JCF Joint Committee on Finance
LRB Legislative Reference Bureau
OCI Office of the Commissioner of Insurance
PSC Public Service Commission
SHS State Historical Society
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
Agriculture
Mental health assistance for farmers
This bill authorizes DATCP to provide mental health assistance to farmers and
farm families and creates an appropriation for that purpose.
2. Grants to local organizations that coordinate grazing
Under current law, DATCP promotes the growth of the dairy industry by
making grants and loans to dairy producers, making grants to dairy processing
plants, and through research, planning, and assistance. This bill requires DATCP
to promote the dairy industry by providing grants to local organizations that
coordinate grazing.
3. Preference for grants to small dairy processing plants
This bill requires DATCP, in awarding grants to dairy processing plants, to give
preference to small dairy processing plants.
4. Preference for farm to school grants to certain districts
Current law requires DATCP to promote farm to school programs, which
connect schools with nearby farms to provide children with locally produced foods in
school meals. This bill requires DATCP, in awarding grants under the farm to school
program, to give preference to school districts that have a high percentage of
students who are eligible for free or reduced-price lunches under federal law.
5. Bonding authority for soil and water conservation grants
This bill increases the general obligation bonding authority for the Soil and
Water Resource Management Program by $10,000,000. The program, which is
administered by DATCP, awards grants to counties to help fund their land and water
conservation activities. The total amount of debt that may now be obligated for this
purpose is $78,075,000.
6. Type of appropriation for regulating food, lodging, and recreation
This bill converts a DATCP appropriation for regulation of food, lodging, and
recreation from annual to continuing. An annual appropriation is expendable only
in the fiscal year for which the appropriation is made. A continuing appropriation
may be expended until fully depleted.
Commerce and economic development
Commerce
Minimum markup for motor vehicle fuel
Under current law, the Unfair Sales Act a) 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 b) 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. This bill exempts sales
of motor vehicle fuel from the minimum markup requirement under the Unfair Sales
Act.
Economic development
Cap on enterprise zones
This bill provides that WEDC may designate up to 35 enterprise zones under
the enterprise zone tax credit program. The bill also repeals the requirement that
WEDC receive approval from JCF prior to designating an enterprise zone. Under
current law, WEDC may designate an unlimited number of enterprise zones, with
each designation subject to approval by JCF under passive review.
2. WEDC grants to regional economic development organizations
This bill requires that WEDC annually award at least $1,000,000 in grants to
regional economic development organizations to be spent on economic development
activities, including marketing activities. Under current law, WEDC is required to
provide grants to these organizations, but there is no minimum level of grants that
must be awarded and the grants may be used only to fund marketing activities.
3. Energy efficiency and use of renewable resources in certain building
projects
Subject to certain limitations, current law authorizes WEDC to award tax
credits to a person making an investment in a building project in this state. The
award may equal up to 5 percent of the investment. Under this bill, WEDC may
award additional tax credits to such a person if the project satisfies certain
requirements under current law and the investment is made for purposes of energy
efficiency or the generation of energy from renewable resources.
4. WEDC board membership
Under the law prior to
2017 Wisconsin Act 369, the board of directors of WEDC
consisted of 12 voting members as follows:
a. Six members appointed by the governor, subject to senate confirmation, to
serve at the pleasure of the governor.
b. Three members 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.
c. Three members 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.
Act 369 provides for two compositions of the WEDC board, one to be in effect
until September 1, 2019, and the second to be in effect after that date. After
September 1, 2019, the act provides for a 16-voting member board, consisting of six
members nominated by the governor; four members appointed by the assembly
speaker; four members appointed by the senate majority leader; one member
appointed by the assembly minority leader; and one member appointed by the senate
minority leader. All of the members appointed by legislators serve four-year terms.
Before September 1, 2019, the act authorizes the assembly speaker and the
senate majority leader to each appoint one additional board member, resulting in a
board with 18 voting members until that date.
This bill restores prior law with respect to the membership of the WEDC board.
5. WEDC CEO
Under the law prior to
2017 Wisconsin Act 369, the chief executive officer of
WEDC was nominated by the governor, and with the advice and consent of the senate
appointed, to serve at the pleasure of the governor. Under Act 369, the chief
executive officer of WEDC is appointed by the board of directors of WEDC until
September 1, 2019, at which point the governor again nominates the chief executive
officer. This bill repeals that provision in Act 369.
6. WEDC contracting requirements
This bill creates certain requirements for contracts between WEDC and
recipients of grants, loans, or tax credits awarded by WEDC. Under the bill, WEDC
may not enter into a contract for a grant, loan, or tax credit before all of the following
occur:
a. WEDC verifies the applicant's number of full-time employees through
payroll or other business records.
b. WEDC's underwriting staff completes a review of the application for the
grant, loan, or tax credit, including an evaluation of all statutory requirements and
all requirements under WEDC's policies and procedures that apply to the grant,
loan, or tax credit.
The bill also requires that all terms of each contract WEDC executes must, at
the time the contract is executed, be in compliance with all applicable state laws and
all applicable WEDC policies and procedures.
Finally, the bill specifies that each contract WEDC executes must require the
award recipient to submit payroll records, or other business records WEDC deems
sufficient, to WEDC for the purpose of accounting for jobs created or retained.
7. Disclosure of WEDC contracts; material changes to contracts or projects
Under this bill, any WEDC contract under which a taxpayer may be eligible to
claim total tax benefits in excess of $5,000,000 must require the taxpayer to notify
WEDC of any material change to the project and the effect of the material change on
the contract's performance goals or requirements. The bill requires WEDC to notify
JCF of these material changes and any other material change to such a contract that
is due to an amendment to the contract. The bill also requires that WEDC's Internet
site contain a searchable database of all final contracts, including amendments, that
provide a grant, loan, or tax credit.
8. Reports to WEDC concerning job elimination or relocation
This bill requires that a recipient of a grant, loan, or tax credit from WEDC
report certain job losses or job relocations outside Wisconsin to WEDC within seven
business days after the jobs are eliminated or relocated. If the recipient shows that
extenuating circumstances prevent meeting the seven-day requirement, the
recipient may submit the report within 30 days. The bill further requires that no
grant, loan, or tax credit from WEDC may be used to relocate jobs outside Wisconsin
or to reduce net employment in Wisconsin.
9. WEDC reporting on job creation and retention
This bill requires that WEDC, when reporting on jobs created or retained in the
state as a result of an economic development program administered by WEDC,
include only those jobs that meet the criteria for receiving a grant, loan award, or tax
credit under the program.
10. Repayment of tax credits
Under this bill, no later than seven days after WEDC receives a repayment of
tax credits, WEDC must remit the full amount of the payment to the secretary of
administration for deposit in the general fund.
11. Information sharing between WEDC and DOR
This bill allows WEDC and DOR to enter into an agreement under which
WEDC may obtain copies of tax returns and related documents from DOR. The bill
requires that WEDC keep the records confidential. The bill also authorizes WEDC
to examine tax returns and related documents held by DOR to the extent necessary
to administer WEDC's economic development programs. Under current law,
WEDC's examination authority is limited to the development zone tax credit
program.
12. Modifications to WEDC reporting requirements
This bill modifies WEDC's reporting requirements to the legislature and DOR.
First, the bill alters the requirement that WEDC, prior to the beginning of each
calendar year, report to the legislature on the economic development projects it
intends to develop and implement during the year. Under the bill, the reporting
period is the fiscal year not the calendar year. Second, the bill repeals the
requirement that WEDC report to the legislature on the economic development tax
credit program. This program ended in 2015, and taxable year 2019 is the final year
for which taxpayers may claim the credit under contracts with WEDC. Third, the
bill modifies the requirement that WEDC's quarterly reports to DOR include the
amount of tax credits claimed by a person whose certification to claim credits has
been revoked. Under the bill, WEDC must report the amount of tax credits that
WEDC determined the person was eligible to claim, rather than the amount of
credits already claimed.
13. Economic development liaison project position
Under current law, WEDC has the authority to appoint and supervise an
economic development liaison project position in DOA. DOA had that authority
when the position was first created. This bill returns that authority to DOA.
14. WEDC appropriation adjustments
This bill adjusts the calculation used to determine the amount of WEDC's
general purpose revenue appropriation. The bill does not raise the cap on that
appropriation, which is $16,512,500 per fiscal year.
Tourism
Art in state buildings program
This bill establishes a program administered by the Arts Board for the
acquisition and display of works of art in and on the grounds of state buildings open
to the general public. Under the bill, for building projects costing at least $250,000,
at least two-tenths of 1 percent of the appropriation for the construction,
reconstruction, remodeling of, or addition to a state building must be used to acquire
one or more works of art to be incorporated into the building or displayed in or on the
grounds of the building. The Arts Board must appoint an advisory committee for
each building project and, after reviewing the committee's recommendations, must
select one or more works of art for the project. The bill contains specific contract
requirements for the Arts Board's acquisition of works of art, including vesting
ownership of the works of art in the state but reserving certain rights to the artists.
Under the bill, the Arts Board is required to ensure that selected works of art
represent a wide variety of art forms and artists, except that preference must be
given to Wisconsin artists, and that each work of art is maintained and displayed for
at least 25 years, unless earlier removal is in the public interest.
