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.
d. The business is currently performing a useful business function.
Under the bill, lesbian, gay, bisexual, or transgender-owned businesses and
disability-owned businesses are not charged a fee for certification and, if certified,
are eligible to receive certain advantages bidding on public projects and other
benefits similar to certified disabled veteran-owned businesses, woman-owned
businesses, and minority businesses.
Technology for Educational Achievement program (TEACH)
The bill makes various changes to the Technology for Educational Achievement
program, known as TEACH, which 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 (educational agencies) at
discounted rates and by subsidizing the cost of installing data lines.
The bill makes the following changes to the TEACH educational
telecommunications access program:
1. Under the program, educational agencies are required to pay for the services
provided to them by the TEACH program. Under current law, an educational
agency's payment to the state may not exceed $100 per month for each data line that
relies on a transport medium that operates at a speed of 1.544 megabits per second
or less and may not exceed $250 per month for each data line that operates at a higher
speed. The bill increases the threshold data line speed to which the minimum
monthly payment limitation applies from 1.544 megabits per second or less to less
than one gigabit per second.
2. Under current law, DOA must ensure that a juvenile correctional facility
that receives access to data lines or bandwidth under the program uses that access
only for educational purposes. The bill expands this requirement to apply to all types
of educational agencies and requires that the access must be used primarily for
educational purposes, rather than only for educational purposes.
3. Eliminates a provision under current law that prohibits an educational
agency that receives access to a data line under the program from 1) providing access
to the data line to any business entity unless certain conditions are met; or 2)
requesting access to an additional data line for purposes of providing access to a
political subdivision under a shared service agreement.
4. Eliminates a provision under current law that allows a public library board
that receives access to a data line under the program to enter into a shared service
agreement with a political subdivision, subject to certain conditions, to provide the
political subdivision with access to any excess bandwidth.
The bill also makes statutory language changes to the former TEACH
educational technology infrastructure financial assistance program. Under the
program, school districts and public libraries could apply for loans and grants to fund
the upgrading of electrical wiring in buildings in existence on October 14, 1997, and
the installation and upgrading of computer network wiring. The program required
DOA to determine the amount of financial assistance for which a school district or
library was eligible and to loan the school district or library 50 percent of that amount
and to award a grant for the other 50 percent of that amount. Schools and libraries
were required to pay the debt service on the loans and to repay the loans within 10
years, and the state paid the debt service for the grants. The program was closed to
new applications for assistance as of July 26, 2003. The bill eliminates obsolete
language in the statutes related to the former program while retaining language that
requires repayment of certain debt service expenditures.
TEACH information technology block grant program
As part of the TEACH program, DOA awards information technology block
grants to rural school districts and rural public libraries to improve information
technology infrastructure. The bill makes the following changes to the information
technology block grant program:
1. Extends the sunset for awarding grants from June 30, 2021, to June 30, 2025.
2. Adjusts the amounts DOA may award annually under the grant program.
Under current law, DOA may award up to $3,000,000 in each of fiscal years 2019-20
and 2020-21. Under the bill, DOA may award $3,000,000 in each fiscal year, but,
if DOA does not award the full amount in the first fiscal year of a biennium, DOA may
award that unawarded amount in the second fiscal year of the biennium.
3. Specifies that eligibility for school districts based on membership and for
public libraries based on municipal population is determined in the first fiscal year
of a biennium and that the determination applies for both fiscal years of the
biennium.
4. Specifies that a school district's eligibility is based on its membership in the
most recent school year for which finalized data is available, rather than
membership in the previous school year.
5. Modifies the definition for what constitutes a “rural” public library for
eligibility purposes. Under the bill, a public library is eligible for the grant program
if the population of the municipality in which the library is located is 20,000 or less
and the library is located outside of urban areas, as determined by the U.S. Census
Bureau.
Finally, the bill requires DOA to, at least annually, provide all school districts
and public libraries in this state that are eligible for information technology block
grants with information regarding how to apply for the grants.
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 prohibitions, 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: 1) require that a bidder enter into an agreement with a labor
organization; 2) consider, when awarding a contract, whether a bidder has or has not
entered into an agreement with a labor organization; or 3) 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. The bill repeals these limitations related to labor organizations.
Fund of funds investment program
Currently, DOA administers a program for the investment of moneys in venture
capital funds that invest in businesses located in this state, called the fund of funds
investment program. Under the program, the state initially contracted with an
investment manager during the 2013-14 fiscal year to invest $25,000,000 in venture
capital funds. The gross proceeds from the investment of this $25,000,000 were to
be returned to the state for deposit into the general fund. The bill provides that the
gross proceeds are to be reinvested in venture capital funds unless otherwise
directed by DOA.
Volkswagen settlement grants
Under current law, moneys received under a settlement that the state received
from a legal action against Volkswagen are held in an appropriation account that
limits spending to three purposes: replacement of state fleet vehicles, grants for the
replacement of public transit vehicles, and grants for the replacement of school
buses. The bill eliminates the school bus grant program and provides that grants
may be awarded for the replacement of public transit vehicles and the installation
of electric vehicle charging stations. The bill requires that, of the settlement funds
that are received for grants during the 2021-23 biennium, DOA must allocate
$10,000,000 for electric vehicle charging stations and any funds in excess of
$10,000,000 to the replacement of state vehicles with fuel efficient or electric
vehicles.
Equal opportunity internship program
The bill requires the Division of Personnel Management in DOA to establish a
program for the placement of up to 16 paid interns annually with state agencies and
members of the legislature. Under the program, each intern must come from a
household whose income does not exceed 300 percent of the federal poverty line based
on family size. Additionally, each intern must be paid a stipend of at least $15 per
hour, which may be paid for up to 20 hours of work per week. Under the bill, the
stipend is required to be disregarded in establishing household income for purposes
of obtaining public benefits under any state program.
Youth wellness center
Under current law, DOA provides funding to American Indian tribes to create
architectural plans for a youth wellness center. The bill changes the appropriation
to provide funding for a youth wellness center, removing the limitation of the creation
of architectural plans.
Equity grant program and diversity, equity, and inclusion
The bill requires DOA to provide grants to public, private, and nonprofit
entities in this state that promote diversity and advance equity and inclusion. The
bill also makes a new appropriation to DOA to administer the equity grant program
and for diversity, equity, and inclusion activities overseen by DOA.
