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 Under current law, the program is repealed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.
3. Perform any duties of that office or position.
The bill eliminates those restrictions.
Capitol security
Under current law, DOA is required to submit any proposed changes to security
at the capitol, including the posting of a firearm restriction, to JCLO for approval
under passive review. The bill eliminates that requirement.
State finance
Refunding certain general obligation debt
The bill increases from $7,510,000,000 to $9,510,000,000 the amount of state
public debt that may generally be contracted to refund any unpaid indebtedness used
to finance tax-supported or self-amortizing facilities.
Use of bond premium proceeds for costs incurred in contracting and
administering public debt
The bill authorizes the state to use premium proceeds from the sale of bonds for
costs incurred in contracting and administering public debt. Premium proceeds are
proceeds received at the time of the bond sale that are in excess of the actual amount
of principal borrowed.
General state government
Office of Sustainability and Clean Energy
The bill creates the Office of Sustainability and Clean Energy in DOA to
administer certain energy programs. The bill requires the Office of Sustainability
and Clean Energy 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 of Sustainability and Clean Energy to provide
technical assistance to governmental units and private entities. In addition, the bill
requires the Office of Sustainability and Clean Energy to establish a program for
making grants from the environmental fund for clean energy production research.
Creating the Office of Environmental Justice
The bill creates the Office of Environmental Justice within DOA. The office is
led by a director outside the classified service who is appointed by the secretary of
administration.
The duties of the office include all of the following: 1) developing a statewide
climate risk assessment and resiliency plan; 2) assisting state agencies, local
governments, and tribal governments with the development of climate risk
assessment and resiliency plans; 3) administering a climate risk assessment and
resiliency plan technical assistance grant program; 4) collaborating with state
agencies and entities that serve vulnerable communities to address the impact of
climate change on vulnerable communities; 5) providing guidance to state entities
on issues regarding environmental justice and related community issues to address
environmental issues and concerns that affect primarily low income and minority
communities; and 6) creating an annual report on issues, concerns, and problems
related to environmental justice. The bill also creates the unclassified positions of
chief resiliency officer and director of the Office of Environmental Justice. Under the
bill, the chief resiliency officer and the director of the Office of Environmental Justice
are assigned to executive salary group 3.
The bill makes an appropriation for the administration of the Office of
Environmental Justice, development of state agency climate risk assessments and
resiliency plans, and the chief resiliency officer. Also under the bill, DOA is required
to charge state agencies a fee for the development of state agency climate risk
assessments and resiliency plans.
The bill also makes an appropriation for the administration of the climate risk
assessment and resiliency plan technical assistance grant program.
Office of Digital Transformation; enterprise data management and
analytics
The bill creates the Office of Digital Transformation in DOA. The office is under
the direction and supervision of a director who is appointed by and serves at the
pleasure of the secretary of administration.
The bill authorizes the office to establish an enterprise data management and
analytics program to gather, combine, and analyze data provided by state agencies
to evaluate the outcomes of state-funded programs; develop and implement policies
and strategies to promote the effective, efficient, and best use of state resources; and
identify, prevent, or eliminate the fraudulent use of state funds, resources, and
programs. At the office's request, a state agency must provide data to the office for
use under the program.
The bill includes measures to protect the confidentiality of data provided to the
office under the program and requires the office, in consultation with other agencies,
to develop protocols and security measures to ensure the security and proper use of
data shared under the program.
Administrative attachments to DOA
Under current law, a division, office, commission, council, or board that is
attached to an agency for administrative purposes exercises its powers and duties
independently, but the agency performs budgeting, program coordination, and
related management functions on behalf of the division, office, or other body.
Under current law, the governor, lieutenant governor, secretary of state, and
state treasurer each head a staff termed the “office" of the respective constitutional
officer. The bill attaches all of those offices to DOA for administrative purposes.
Under current law, the Higher Educational Aids Board is an independent
agency in the executive branch of state government. The bill attaches to DOA for
administrative purposes both HEAB and the Distance Learning Authorization
Board, which is currently attached to HEAB.
Under current law, the Kickapoo Reserve Management Board is attached to the
Department of Tourism for administrative purposes. The bill attaches the board to
DOA for administrative purposes.
Under current law, the State Fair Park Board is attached to the Department
of Tourism for administrative purposes. The bill attaches the board to DOA for
administrative purposes.
The bill also requires DOA to perform budgeting, program coordination, and
related management functions on behalf of the Department of Tourism.
Assistant secretary of state
2015 Wisconsin Act 55 eliminated the position of assistant secretary of state.
The bill restores that position. The secretary of state may delegate any duty or power
to the assistant secretary of state, except duties and powers the secretary of state
performs as a member of the Board of Commissioners of Public Lands (BCPL).
Office of the State Treasurer appropriation
The bill creates a GPR program operations appropriation for the Office of the
State Treasurer. Currently, the office is funded by a PR appropriation from moneys
received from the state's unclaimed property program.
Programs for the certification of certain businesses for preference in state
contracting
Under current law, DOA administers disabled veteran-owned business
certifications, woman-owned business certifications, and minority business
certifications. A business that qualifies for and maintains one of those certifications
may be eligible to receive certain advantages bidding on public projects and other
benefits. Current law authorizes DOA to charge a certification fee to cover its costs
to administer the certifications programs. The bill eliminates that fee authorization.
Additionally, the bill establishes the following new certification programs:
1. Lesbian, gay, bisexual, or transgender-owned businesses, including
financial advisers and investment firms. DOA may certify a business as a lesbian,
gay, bisexual, or transgender-owned business if it determines the business satisfies
all of the following:
a. One or more lesbian, gay, bisexual, or transgender individuals own at least
51 percent of the business or, in the case of any publicly owned business, one or more
lesbian, gay, bisexual, or transgender individuals own at least 51 percent of the stock
of the business.
b. One or more lesbian, gay, bisexual, or transgender individuals or one or more
duly authorized representatives of one or more lesbian, gay, bisexual, or transgender
individuals control the management and daily business operations of the business.
c. The business has its principal place of business in this state.
d. The business is currently performing a useful business function.
2. Disability-owned businesses, including financial advisers and investment
firms. DOA may certify a business as a disability-owned business if it determines
the business satisfies all of the following:
a. One or more individuals with a disability own at least 51 percent of the
business or, in the case of any publicly owned business, one or more individuals with
a disability own at least 51 percent of the stock of the business.
b. One or more individuals with a disability or one or more duly authorized
representatives of one or more individuals with a disability control the management
and daily business operations of the business.
c. The business has its principal place of business in this state.
