The bill also repeals a prohibition against a political subdivision from imposing
an occupational licensing requirement on an individual that is more stringent than
the state requirement. The bill also repeals a provision under which neither the state
nor a local government may enact a statute or ordinance, adopt a policy or regulation,
or impose a contract, zoning, permitting, or licensing requirement, or any other
condition, that would require any person to accept any provision that is a subject of
collective bargaining under state or federal labor laws. Current law defines “federal
labor laws” as the National Labor Relations Act. Finally, the bill repeals a
prohibition under which the state and local governments, and their employees, could
require any person to waive the person's rights under state or federal labor laws as
a condition of any other approval by the state or local governmental unit.
2. Municipality construction, ownership, or operation of broadband
facilities
Current law prohibits, with several exceptions, a municipality from
constructing, owning, or operating a facility for providing video service,
telecommunications service, or broadband service to the public unless a) the
municipality holds a public hearing on the proposed action, b) notice of the public
hearing is given, and c) the municipality prepares and makes available for public
inspection a report estimating the total costs of, and revenues derived from,
constructing, owning, or operating the facility for a period of at least three years.
Current law specifies the costs that must be estimated under item c. This bill
eliminates that specification of costs when the facility is a broadband facility
intended to serve an underserved or unserved area.
Currently, under one of the exceptions, the public hearing and cost report do not
apply to a facility for providing broadband service if a) the municipality offers use of
the facility on a nondiscriminatory basis to persons who provide broadband service
to end users of the service, b) the municipality itself does not use the facility to
provide broadband service to end users, and c) the municipality determines that, at
the time of authorization, the facility does not compete with more than one provider
of broadband service. This bill eliminates the requirements under items b and c for
facilities that are intended to serve an underserved or unserved area. That is, under
the bill, for facilities that are intended to serve an underserved or unserved area, the
public hearing and cost report do not apply to a facility for providing broadband
service if the municipality offers use of the facility on a nondiscriminatory basis to
persons who provide broadband service to end users of the service.
Currently, under another of the exceptions, the public hearing and cost report
do not apply to a facility for providing broadband service to an area within the
boundaries of a municipality if the municipality asks, in writing, each person that
provides broadband service within the boundaries of the municipality whether the
person currently provides broadband service to the area or intends to provide
broadband service to the area within nine months and a) does not receive an
affirmative response within 60 days, b) the municipality determines that a person
who responded does not currently provide broadband service to the area, and no
other person makes the response to the municipality, or c) the municipality
determines that a person who responded that the person intended to provide
broadband service to the area within nine months did not actually provide the service
within nine months and no other person makes the response to the municipality.
Under the bill, for this exception in the case of an underserved or unserved area,
rather than asking whether a person plans to provide broadband service to the area
within nine months, the municipality must ask whether the person intends or
actively plans to provide broadband service to the area within the relevant time
period.
Military affairs
Emergency management
This bill changes the appropriations for fire, crash, and rescue emergencies and
for the emergency management assistance compact from sum certain annual
appropriations to continuing appropriations. An annual sum certain appropriation
is expendable only for the fiscal year for which the appropriation is made and only
up to the dollar amount shown in the schedule for that fiscal year. A continuing
appropriation is expendable until fully depleted, and the moneys held therein do not
lapse. Therefore, the effect of this change is to allow the moneys in the
appropriations to continue to be spent until depleted.
2. Washington Island disaster assistance
This bill requires DMA to pay up to $1,000,000 in each fiscal year of the 2019-21
fiscal biennium from the state disaster assistance appropriation to the Washington
Island Electric Cooperative for the costs incurred for the replacement of the cables
that bring electricity to Washington Island.
3. Emergency management assistance compact
This bill creates an appropriation account to receive reimbursement funds for
emergency services provided under the state and province emergency management
assistance compact.
natural resources
Conservation
Warren Knowles-Gaylord Nelson Stewardship 2000 Program
This bill reauthorizes the Warren Knowles-Gaylord Nelson Stewardship 2000
Program until 2021-22 and maintains the amount that DNR may obligate under the
program and each of its subprograms in each fiscal year. Current law authorizes the
state to incur public debt for certain conservation activities under the stewardship
program, which is administered by DNR. The state may incur this debt to acquire
land for the state for conservation purposes and for property development activities
and may award grants to others to acquire land for these purposes. Current law
establishes the amounts that DNR may obligate in each fiscal year through fiscal
year 2019-20 for expenditure under each of these subprograms.
Fish, game, and wildlife
Bureau of natural resources science
This bill creates in DNR, under the division responsible for fish, wildlife, and
parks, a bureau of natural resources science and requires DNR to convert the
existing office of applied science into the bureau of natural resources science. Under
the bill, the bureau director reports to and serves as the science advisor to the
secretary of natural resources.
2. Hunting, fishing, and trapping approvals
This bill authorizes DNR to develop a system under which, when a person
purchases an approval, the person may opt to automatically purchase the same
approval for subsequent years. Under current law, “approval” is defined as any type
of hunting, fishing, or trapping approval, privilege, or authorization issued or
conferred by DNR, including any license, permit, certificate, card, stamp, preference
point, or tag, but not including a conservation card. Under the bill, DNR may
contract with a third party to store customer information in order to carry out this
system.
Recreation
Snowmobile enforcement
Under current law, funding for certain DNR functions pertaining to
snowmobiles, including enforcement, safety training, and fatality reporting, is
provided from the conservation fund and from tribal gaming compact program
revenues. Under this bill, the funding amounts currently provided from gaming
revenues are replaced with general program revenue.
Navigable waters
Bonding authority for dam safety projects
This bill increases from $25,500,000 to $29,500,000 the amount of public debt
that the state may contract for the dam safety financial assistance program
administered by DNR. Under that program, DNR provides financial assistance to
counties, cities, villages, towns, and public inland lake protection and rehabilitation
districts for dam safety projects.
retirement and group insurance
Health insurance
Stipend in lieu of health insurance
This bill expands the eligibility of certain state employees to receive a stipend
in lieu of health insurance coverage under the group health insurance program.
Current law provides that state employees who were eligible for coverage in calendar
year 2015 and who did not elect coverage for 2015 are not eligible to receive a stipend
in lieu of health care coverage. This bill removes that prohibition if the employee
elects to take state health care coverage in any calendar year following calendar year
2015.
2. Employee health clinics
This bill allows the Group Insurance Board to enter into contracts with entities
to provide health and wellness services at health clinics to be located in state
facilities to individuals who are covered by a state group health insurance plan.
3. Premium subsidy study
This bill requires the Group Insurance Board to conduct a study of the
feasibility and potential cost savings of including a fixed-dollar employee premium
subsidy in the state group health insurance plan. The bill also requires GIB to
submit a report of the study to the governor and JCF.
4. Prescription drug pooling study
This bill requires DETF, in consultation with DOC, DHS, and DVA, to study the
options and opportunities for savings to state agencies through prescription drug
pooling. The bill also requires DETF to submit a report to the governor and the
appropriate standing committees of the legislature.
Wisconsin retirement system
WRS annuities for teachers returning to work
Under current law, if a Wisconsin Retirement System annuitant, or a disability
annuitant who has attained his or her normal retirement date, is appointed to a
position with a WRS-participating employer, or provides employee services to a
WRS-participating employer in which he or she is expected to work at least
two-thirds of what is considered full-time employment by the DETF, the annuity
must be suspended and no annuity payment is payable until after the participant
again terminates covered employment.
This bill creates an exception to this requirement for an annuitant who retired
from employment as a teacher with a school district who is subsequently rehired or
provides employee services as a teacher after retirement if a) the participating
employer is a school district; b) at least 30 days have elapsed from the date the person
left covered employment with a school district; c) at the time the person initially
retires from a school district, the person does not have an agreement with any school
district to return to employment; and d) the person elects to not become a
participating employee at the time the person is rehired as a teacher by a school
district or enters into a contract to provide employee services as a teacher after
retirement. In other words, the bill allows a teacher annuitant who retired from a
school district to return to work as a teacher for a school district that is a
participating employer and elect to not become a participating employee for purposes
of the Wisconsin Retirement System, and instead continue to receive his or her
annuity.
2. Private retirement security plan study
Under current law, DETF administers the Wisconsin Retirement System under
which public employees who are covered under the WRS and their employers pay
contributions to the WRS and the WRS, from those contributions and the earnings
on those contributions, provides retirement annuities to those public employees.
This bill directs the secretary of employee trust funds to establish a committee to
study the creation of a private retirement security plan to provide retirement
benefits for residents of this state who choose to participate in the plan.
Disability plans
Oversight of group disability benefit insurance plans
Under current law, the Group Insurance Board oversees the group income
continuation insurance plan and the group long-term disability insurance (LTDI)
plan. This bill transfers oversight of those plans to the Employee Trust Funds Board.
The bill provides explicit statutory authority for the ETF Board to establish the LTDI
plan.
Administrative changes
Internal auditor
This bill requires the ETF Board to appoint an internal auditor in the classified
service who reports directly to the board.
2. Employee trust funds appropriations
This bill eliminates certain appropriations to DETF and adjusts the
appropriation from which costs for contracting for certain health insurance data
collection and analysis may be paid.
safety and professional services
Licensure of dental therapists
Under current law, dentists and dental hygienists are licensed by the Dentistry
Examining Board to practice dentistry and dental hygiene, respectively. This bill
provides for the licensure of a third type of dental practitioner, dental therapists.
Under the bill, the board must grant a dental therapist license to an individual who
satisfies certain criteria, including completion of a dental therapy program and
passage of required examinations.
Dental therapists may provide dental therapy services only under the general
supervision of a dentist with whom the dental therapist has a collaborative
management agreement that addresses various aspects of the dental therapist's
practice. Supervision by a dentist requires the dentist's prior knowledge and
consent, but does not require the presence of the dentist at the time a task or
procedure is being performed or prior examination or diagnosis of a patient by a
dentist prior to the provision of dental therapy services by a dental therapist. Dental
therapists are, subject to the terms of a collaborative management agreement,
limited to providing services, treatments, and procedures that are specified in the
bill, as well as additional services, treatments, or procedures specified by the board
by rule. Dental therapists must complete 12 hours of continuing education each
biennium.
The bill subjects dental therapists to, or covers dental therapists under, various
other laws, including the health care records law, the volunteer health care provider
program, the health care worker protection law, and the emergency volunteer health
care practitioner law. The bill also provides for loan forgiveness for dental therapists
under the health care provider loan assistance program.
Finally, the bill requires, effective when the first individual becomes licensed
as a dental therapist in this state, that two dental therapists be added to the board.
2. Private on-site wastewater treatment systems
2017 Wisconsin Act 59, the 2017 biennial budget act, eliminated, effective June
30, 2021, a grant program DSPS administers to provide grants to individuals and
businesses that are served by failing private on-site wastewater treatment systems
(POWTS). This bill restores the POWTS grant program.
The bill also modifies certain obligations of governmental units responsible for
the regulation of POWTS. Under current law, a governmental unit responsible for
the regulation of POWTS must a) adopt and begin administration of a maintenance
program established by DSPS for POWTS before October 1, 2019; b) as part of
adopting and administering the maintenance program, conduct and maintain an
inventory of all POWTS located in the governmental unit; and c) complete the initial
inventory of POWTS located in the governmental unit before October 1, 2017.
Current law also provides that, in order to be eligible for the POWTS grant program,
the governmental unit must comply with those deadlines.
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.
