The bill increases the maximum penalties for persons who fail to operate and
maintain gas production, transmission, and distribution facilities in a reasonably
adequate and safe manner. Current law requires gas production, transmission, and
distribution facilities to be operated and maintained in a reasonably adequate and
safe manner and authorizes PSC to issue orders and rules to promote safety of those
facilities. Under current law, a person who violates one of these PSC orders or rules
or fails to operate and maintain gas production, transmission, and distribution
facilities in a reasonably adequate and safe manner is subject to a forfeiture of up
$25,000 per day and a total forfeiture of up to $500,000 for a single persisting
violation. Under the bill, a violator is subject to a forfeiture of up to $200,000 per day
and a total forfeiture of up to $2,000,000 for a single persisting violation.
Securitization of retiring power plants
Under current law, an energy utility is allowed to apply to PSC for an order
allowing the utility to finance the costs of the following activities by issuing bonds:
1) the construction, installation, or otherwise putting into place of environmental
control equipment in connection with a plant that, before March 30, 2004, has been
used to provide service to customers; and 2) the retiring of any existing plant, facility,
or other property to reduce, control, or eliminate environmental pollution in
accordance with federal or state law. Current law defines these activities as
“environmental control activities.” If approved by PSC, the bonds, which are referred
to as “environmental trust bonds,” are secured by revenues arising from charges paid
by an energy utility's customers for the utility to recover the cost of the activities, as
well as the cost of financing the bonds.
The bill adds the retiring of any existing electric generating facility fueled by
nonrenewable combustible energy resources as an environmental control activity,
the costs of which may be financed by an environmental trust bond.
High-voltage transmission line fees
The bill requires PSC to administer annual impact and onetime environmental
impact fees paid under current law by persons authorized by PSC to operate
high-voltage transmission lines. Under current law, DOA administers the fees.
retirement and group insurance
Domestic partners
Benefits for domestic partners
2017 Wisconsin Act 59, the 2017 biennial budget act, removed from the statutes
certain benefits provided to domestic partners of public employees who receive
benefits through the Wisconsin Retirement System (WRS), the Group Insurance
Board (GIB), and the Deferred Compensation Program. The bill reestablishes those
benefits.
Specifically, Act 59 did all of the following: 1) for purposes of WRS, limited
domestic partners to only those individuals who submitted an affidavit of domestic
partnership to ETF before January 1, 2018; 2) prohibited GIB from covering an
eligible employee's domestic partner or stepchild under a domestic partnership in a
group health insurance plan offered by GIB; 3) eliminated the option for a surviving
domestic partner to purchase health insurance coverage under a group health
insurance plan offered by GIB; and 4) for deaths occurring on or after January 1,
2018, provided that a surviving domestic partner is not a default beneficiary for
purposes of a deferred compensation plan and is not eligible to receive duty disability
survivorship benefits. The bill reverses, prospectively, those changes to those
benefits.
Wisconsin Retirement System
Rehired teacher annuitants in the Wisconsin Retirement System
Under current law, certain people who receive a retirement or disability
annuity from WRS and who are hired by an employer that participates in WRS must
suspend that annuity and may not receive a WRS annuity payment until the person
is no longer in a WRS-covered position. This suspension applies to a person who 1)
has reached his or her normal retirement date; 2) is appointed to a position with a
WRS-participating employer or provides employee services as a contractor to a
WRS-participating employer; and 3) is expected to work at least two-thirds of what
is considered full-time employment by ETF.
The bill creates an exception to this suspension if 1) the person retired from
WRS-covered employment as a teacher; 2) at least 15 days have elapsed from the
date the person left WRS-covered employment with a school district; 3) the person
is hired as a teacher; 4) 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 as a teacher or a contractor providing employee services as a teacher;
and 5) the person elects to not become a participating employee at the time the person
is rehired or enters into a contract after retirement. In other words, the bill allows
a WRS teacher annuitant who is either hired as a teacher or provides employee
services as a teacher with a school district that is a participating employer to return
to work as a teacher and elect to not become a participating employee for purposes
of WRS and instead continue to receive his or her annuity.
Health insurance
Waiting period for state employees
Under current law, most state employees, other than limited-term employees,
may become covered under the state group health insurance plan on the first day of
the first month after becoming employed with the state by filing an election within
30 days of being hired. However, most state employees are ineligible for an employer
contribution towards the premiums for the health insurance for the first three
months of employment. The bill changes the date to the first day of the second month
for most state employees other than limited-term appointments hired on or after the
effective date of the bill.
Actuarial study of mandatory participation by school districts
The bill requires GIB to conduct a study of the potential costs and savings to
school districts and current participants in group health insurance plans offered by
GIB of mandating participation by all school districts in this state in a group health
insurance plan offered by GIB. The bill also requires GIB to submit a written report
of the study to the governor and JCF by June 30, 2022.
Disability plans
Oversight of group disability benefit insurance plans
Under current law, GIB oversees the group income continuation insurance plan
and the group long-term disability insurance (LTDI) plan. The bill transfers
oversight of those plans to the Employee Trust Funds Board (ETFB). The bill
provides explicit statutory authority for ETFB to establish the LTDI plan.
Employee trust funds boards
Board consolidation
Under current law, ETF is under the direction and supervision of ETFB, which
has 11 appointed or elected members, serving four-year terms, and two members
appointed by virtue of another office each holds (ex officio members). Eight of the
board members are appointed by two boards attached to ETF, four members from the
Wisconsin Retirement Board (WRB) and four members from the Teachers
Retirement Board (TRB).
ETFB sets policy for ETF; appoints the secretary of employee trust funds;
approves tables used for computing benefits, contribution rates, and actuarial
assumptions; authorizes all annuities except for disability; approves or rejects ETF
administrative rules; and oversees the benefit programs for state and local
government employees, except the group insurance and deferred compensation
programs.
Under current law, WRB advises ETFB on matters relating to retirement;
approves or rejects administrative rules; authorizes or terminates disability benefits
for WRS members who aren't teachers; and hears appeals of disability rulings. WRB
appoints one member to the separate State of Wisconsin Investment Board (SWIB).
All members of WRB are ex officio members or appointed by the governor.
Also under current law, TRB advises ETFB on retirement and other benefit
matters involving teachers at public schools, technical schools, community colleges,
and state universities; acts on administrative rules; authorizes or terminates
teacher disability benefits; and hears disability benefit appeals. Nine members of
TRB are elected, and four are appointed by the governor.
The bill eliminates WRB and TRB and transfers their property, contracts,
orders, and pending matters to ETFB on the effective date of the bill. The bill also
transfers the duties of WRB and TRB to ETFB. Between the effective date of the bill
and April 30, 2026, all current members of ETFB will transition off ETFB at a rate
of two to three members per year, and they will be replaced by new members. The
membership of ETFB will remain 13, with a mix of ex officio, elected, and appointed
members.
State of Wisconsin Investment Board and membership
Under the bill, the secretary of employee trust funds or his or her designee and
one WRS participant appointed by ETFB are members of SWIB. Under current law,
two WRS participants are members of SWIB, one of which is a teacher participant
appointed by TRB and the other is a participant appointed by WRB who is not a
teacher.
Administrative changes
Internal auditor
The bill creates the Office of Internal Audit attached to ETF. Under the bill, the
office plans and conducts audits of activities and programs administered by ETF,
among other responsibilities, while following policies, principles, and directives
established by ETFB.
The bill requires ETFB to appoint an internal auditor and internal audit staff
within the classified service who report directly to ETFB. Currently, the internal
auditor for ETF reports to the secretary of employee trust funds, and internal audit
staff report to the internal auditor.
Trust funds earnings allocations
Under current law, investment gains and losses of the core and variable
retirement investment trust funds are distributed in a ratio of each participating
account's average daily balance to the total average daily balance of all participating
accounts. SWIB invests assets of the core and variable investment trust funds,
which are commingled under current law, but all activity is not recorded on a daily
basis for the separate participating accounts. SWIB provides certified annual
earnings reports for the core and variable trust funds.
The bill provides that ETF may distribute the earnings to each participating
account by calculating a simple average balance, which uses beginning and
end-of-year balances for each participating account, and comparing that average
balance to the total average balance of all participating accounts.
Gifts and grants appropriation
The bill creates a continuing appropriation for all gifts, grants, and bequests
received by ETF. The bill also provides that such a gift, grant, or bequest is not
subject to JCF approval.
safety and professional services
Buildings and safety
Use of vapor products in indoor locations
The bill specifies that the general prohibition under current law against
smoking in indoor locations includes inhaling or exhaling vapor from a “vapor
product.” Under the bill, a “vapor product” is a noncombustible product that
produces vapor or aerosol for inhalation from the application of a heating element
to a liquid or other substance. The prohibition applies to vapor products regardless
of whether they contain nicotine.
Construction contractor registration
The bill requires most persons who hold themselves out or act as a construction
contractor to be registered by DSPS. DSPS may directly assess a forfeiture by
issuing an order against any person who fails to register as required under the bill.
The registration requirement does not apply to a person who engages in construction
on his or her own property, to a state agency or local governmental unit, or to a person
who engages in construction in the course of his or her employment by a state agency
or local governmental unit.
Private on-site wastewater treatment system grants
The bill extends the grant program aiding certain persons and businesses
served by failing private on-site wastewater treatment systems (POWTS), which are
commonly known as septic tanks. Under current law, the program is repealed
effective June 30, 2021. In addition, under the bill, a failing POWTS installed at least
33 years ago is eligible to receive a grant. Current law authorizes grants only for
failing POWTS that were installed before July 1, 1978.
Professional licensure
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. The bill
provides for the licensure of a third type of dental practitioner: dental therapists.
Under the bill, the examining 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. The bill specifies the settings in
which a dental therapist may practice dental therapy.
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. The supervising dentist must give consent to supervise the dental therapist
and must have prior knowledge of dental therapy services performed and
examinations conducted. However, the supervising dentist is not required to be
present at the time a task is performed or an examination is conducted. 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
examining board by rule. The bill enumerates settings in which a dental therapist
may practice dental therapy, requires the examining board to establish by rule the
additional settings in which a dental therapist may provide dental therapy services,
and specifies that those additional settings may be only settings in which
low-income, uninsured, and underserved populations are served. 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
examining board.
Dispensing of naloxone by pharmacists; training
The bill requires the Pharmacy Examining Board to promulgate rules
requiring all pharmacists to receive training on delivering or dispensing an opioid
antagonist. Opioid antagonists are prescription drugs, such as the drug naloxone,
some of which can, when administered to a person undergoing an overdose on drugs
such as heroin or prescription narcotics, have the effect of countering the effects of
the overdose.
Pharmacist continuing education credits for volunteering at free and
charitable clinics
The bill allows pharmacists to satisfy up to 10 hours of their biennial continuing
education requirements by volunteering at a free and charitable clinic. Current law
requires pharmacists to complete 30 hours of continuing education every two years
as a condition of renewing their licenses.
Maintaining current e-mail addresses for credential applicants and
recipients
The bill requires that applicants for and recipients of a professional credential
provide DSPS with a current e-mail address. Current law requires those applicants
and recipients to inform DSPS of their current name and address and of any changes
to that information within 30 days of such change. This new requirement does not
apply if the applicant or recipient does not have reasonable access to the Internet,
in which case the applicant or recipient may maintain paper communication with
DSPS. The bill specifies that electronic communications from DSPS may not be
substituted for the service of any process, notice, or demand.
Moneys from other agencies
The bill creates an appropriation for DSPS to receive and use moneys received
from other agencies, such as federal moneys.
state government
Legislature
Congressional and legislative redistricting
Under the U.S. and Wisconsin Constitutions, the Wisconsin Legislature
undertakes congressional and state assembly and senate redistricting after each
federal decennial census. The most recent federal census was conducted beginning
on April 1, 2020. The bill imposes all of the following requirements on the 2021-23
legislature concerning congressional and legislative redistricting:
1. The Legislative Reference Bureau must prepare bills that give effect to the
congressional and legislative redistricting plans proposed by the People's Maps
Commission, which Governor Evers created on January 27, 2020, under Executive
Order 66. Executive Order 66 requires the commission to hold public hearings
throughout the state and develop redistricting maps for consideration by the
legislature. Once LRB has prepared the bills, LRB is required to deliver the bills to
the governor for approval.
2. The governor then provides the bills to the Joint Committee on Legislative
Organization (JCLO), which is required to introduce the bills without change in each
house of the legislature. The legislature must take final action on the bills no later
than the 60th day after the bills are introduced. Additionally, the bill prohibits the
legislature from taking action on any other redistricting legislation until after each
house of the legislature votes on final passage of the commission's maps.
3. All records created or maintained by each house, committee, and member of
the legislature that relate to congressional or legislative redistricting may not be
destroyed until after December 31, 2030. Under current law, legislators' records
need not be retained for a specified period of time.
4. All records created or maintained by each house, committee, and member of
the legislature that relate to congressional or legislative redistricting are subject to
public access under Wisconsin's open records law and may not be withheld from
public access on the basis of any claim of confidentiality or privilege, except for
records containing confidential attorney-client communications concerning a
previously drafted congressional or legislative redistricting plan. Under current law,
such records, depending on the circumstances, may be subject to statutory or
common law confidentiality requirements or privileges, including the
attorney-client privilege.
5. Each meeting related to congressional or legislative redistricting that
includes at least two members of the legislature, members of the partisan staff of at
least two legislative offices, a member of the legislature and nonpartisan legislative
staff, or a member of the legislature and a person retained by the legislature to assist
with congressional or legislative redistricting, must be preceded by public notice in
the manner provided under Wisconsin's open meetings law and must be held in a
place reasonably accessible to members of the public and open to all citizens at all
times. Under current law, the open meetings law applies to meetings of government
bodies. It does not apply to meetings between legislators and staff.
Legislative intervention in certain court proceedings
Current law as established in
2017 Wisconsin Act 369 provides that the
legislature may intervene as a matter of right in an action in state or federal court
when a party to the action does any of the following:
1. Challenges the constitutionality of a statute.
2. Challenges a statute as violating or preempted by federal law.
3. Otherwise challenges the construction or validity of a statute.
Current law as established in 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 in the action.
The bill repeals all of those provisions.
Retention of legal counsel by the legislature
Current law allows representatives to the assembly and senators, as well as
legislative employees, to receive legal representation from DOJ in most legal
proceedings. However, current law also provides all of the following:
1. 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
legislative 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.
2. 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 legislative 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.
3. 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
legislative 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.
The bill eliminates these provisions. Under the bill, representatives to the
assembly and senators, as well as legislative employees, may continue to receive
legal representation from DOJ in most legal proceedings.
Advice and consent of the senate
Under current law, any individual nominated by the governor or another state
officer or agency subject to the advice and consent of the senate, whose confirmation
for the office or position is rejected by the senate, may not do any of the following
during the legislative session biennium in which his or her nomination is rejected:
1. Hold the office or position for which he or she was rejected.
2. Be nominated again for that office or position.
