2023 Wisconsin Act 19

(1) Duties of the office. The legislative human resources office shall:

(a) Provide human resources services to the legislative branch, as directed by the joint committee on legislative organization.

(b) Establish a formal complaint process to review and investigate allegations of harassment, discrimination, retaliation, violence, or bullying by legislators, legislative employees, and legislative service agency employees. The office shall investigate all such allegations, unless the director designates another person or entity to review and investigate any specific allegation.

(2) Duties of the director. The director of the legislative human resources office shall:

(a) Report to the joint committee on legislative organization.

(b) Direct the operations of the staff.

(c) Employ, train, and supervise the personnel assigned to the director.

(d) Supervise all expenditures of the legislative human resources office.

(e) Manage reviews and investigations of the formal complaint process established under sub. (1) (b). Upon completion of an investigation, report the findings to the appropriate legislative leader or employee supervisor.

(f) On a periodic basis, recommend to the joint committee on legislative organization improvements to human resources services and programs.

19,20 Section 20. 16.004 (22) of the statutes is created to read:

16.004 (22) Endowment fund for WisconsinEye. (a) In this section, “WisconsinEye” means the WisconsinEye Public Affairs Network, Inc.

(b) From the appropriation under s. 20.855 (4) (dt), if the joint committee on finance approves a request for funding made jointly by the secretary and WisconsinEye, the secretary shall make a payment in the form of a grant to WisconsinEye for the establishment of an endowment fund.

(c) The department is prohibited from making a payment under par. (b) unless prior to June 1, 2025, WisconsinEye has raised for the endowment fund from nonstate funding sources total amounts that at least equal the amount of the payment, up to $10,000,000.

(d) If, after a payment under par. (b), WisconsinEye ever ceases operations and divests its assets, WisconsinEye shall pay to the secretary for deposit into the general fund an amount equal to the total amount paid under par. (b).

(e) As a condition for receiving any payment under par. (b), WisconsinEye is prohibited from charging any fee for access

Vetoed In Part

to recorded content of public meetings .

19,21 Section 21. 16.009 (2) (a) of the statutes is amended to read:

16.009 (2) (a) Appoint an executive director within the classified service who. The executive director shall serve as employ the state long-term care ombudsman as specified under sub. (4) (a) within the classified service, and who shall employ staff within the classified service.

19,22 Section 22. 16.009 (4) (a) of the statutes is amended to read:

16.009 (4) (a) The board shall operate the office in order to carry out the requirements of the long-term care ombudsman program, as defined in 42 USC 3058g (a) (2), under 42 USC 3027 (a) (12) (A) and 42 USC 3058f to 3058h and in compliance with 42 CFR 1321 and 1324. The executive director appointed by the board shall serve as employ the state long-term care ombudsman. The executive director state long-term care ombudsman may delegate operation of the office to the staff employed under sub. (2) (a), as designated representatives of the ombudsman.

19,23 Section 23. 16.088 of the statutes is created to read:

16.088 Tribal grants. From the appropriation under s. 20.505 (1) (kt) the department shall do all of the following:

(1) Award grants to the Oneida Nation of Wisconsin to support the Healing to Wellness Court program at the Oneida Nation, in an amount up to $259,100 annually.

(2) Award grants to the Oneida Nation of Wisconsin to support coordination with the National Estuarine Research Reserve System, in an amount up to $110,100 annually.

(3) Award grants to the Oneida Nation of Wisconsin to support the Oneida Nation’s collaboration with the Audubon Society concerning Audubon Great Lakes restoration projects, in an amount up to $175,000 annually. Grants cannot be awarded under this subsection after June 30, 2028.

19,24 Section 24. 16.295 (4) (a) of the statutes is renumbered 16.295 (4) (a) (intro.) and amended to read:

16.295 (4) (a) (intro.) Subject to sub. (3), the department shall contract with the investment manager. The contract shall establish the investment manager’s compensation, including any management fee. Any management fee may not exceed, annually the following:

1. Annually, for no more than 4 years, 1 percent of the total moneys designated under sub. (5) (b) 1. and raised under sub. (5) (b) 3.

19,25 Section 25. 16.295 (4) (a) 2. of the statutes is created to read:

16.295 (4) (a) 2. Annually, 1 percent of the total moneys designated under sub. (5) (b) 4. for no more than 4 years.

19,26 Section 26. 16.295 (5) (am) of the statutes is created to read:

16.295 (5) (am) In fiscal year 2023-24, the department shall pay to the investment manager $25,000,000.

19,27 Section 27. 16.295 (5) (b) 4. of the statutes is created to read:

16.295 (5) (b) 4. The moneys under par. (am).

19,28 Section 28. 16.295 (5) (c) 2. of the statutes is amended to read:

16.295 (5) (c) 2. Of the moneys designated under par. (b) 1., 2. and 3., the investment manager shall commit at least one-half of those moneys to investments in venture capital funds within 12 months after the date the investment manager executes the contract under sub. (4) (a), and the investment manager shall commit all of those moneys to investments in venture capital funds within 24 months after that date.

19,29 Section 29. 16.295 (5) (c) 3. of the statutes is created to read:

16.295 (5) (c) 3. Of the moneys designated under par. (b) 4., the investment manager shall commit all of those moneys to investments in venture capital funds headquartered in this state within 24 months after the date the investment manager receives the moneys.

19,30 Section 30. 16.295 (5) (d) 1. of the statutes is amended to read:

16.295 (5) (d) 1. Make new investments in an amount equal to the moneys it receives under par. (b) in one or more businesses that are headquartered in this state and employ at least 50 percent of their full-time employees, including any subsidiary or other affiliated entity, in this state, and invest at least one-half of those moneys in one or more businesses that employ fewer than 150 full-time employees, including any subsidiary or other affiliated entity, when the venture capital fund first invests moneys in the business under this section. The venture capital fund’s contract with a business in which the venture capital fund makes an investment under this subdivision shall require that, if within 3 years after the venture capital fund makes that investment, the business relocates its headquarters outside of this state or fails to employ at least 50 percent of its full-time employees, including any subsidiary or other affiliated entity, in this state, the business shall promptly pay to the venture capital fund an amount equal to the total amount of moneys designated under par. (b) 1. and 4. that the venture capital fund invested in the business. The venture capital fund shall reinvest those moneys in one or more businesses that are eligible to receive an investment under this subdivision, subject to the requirements of this section.

Vetoed In Part

Section 31. 16.295 (6) (d) of the statutes is created to read:

16.295 (6) (d) The investment manager shall hold in an escrow account its gross proceeds from all investments of the moneys designated under sub. (5) (b) 4. until the investment manager satisfies par. (e).

19,32 Section 32. 16.295 (6) (e) of the statutes is created to read:

16.295 (6) (e) At least annually, the investment manager shall pay any moneys held under par. (d) to the secretary for deposit into the general fund until the investment manager has paid a total of $25,000,000 under this paragraph.

19,33 Section 33. 16.295 (6) (f) of the statutes is created to read:

16.295 (6) (f) After the investment manager satisfies par. (e), the investment manager shall pay 90 percent of its gross proceeds from investments of the moneys designated under sub. (5) (b) 4. to the secretary for deposit into the general fund.

19,34 Section 34. 16.295 (7) (c) 2. of the statutes is amended to read:

16.295 (7) (c) 2. An identification of each business in which a venture capital fund held an investment of moneys the venture capital fund received under sub. (5) (b) and a statement of the amount of the investment in each business that separately specifies the amount of moneys designated under sub. (5) (b) 1. or 4. that were contributed to the investment.

Vetoed In Part

Section 35. 16.295 (8) (intro.) of the statutes is amended to read:

Vetoed In Part

16.295 (8) Progress reports. (intro.) In 2015 and, 2018, and 2024, no later than March 1, the department shall submit reports to the joint committee on finance that include all of the following:

19,36 Section 36. 16.51 (7) of the statutes is amended to read:

16.51 (7) Audit claims for expenses in connection with prisoners and juveniles in juvenile correctional facilities. Receive, examine, determine, and audit claims, duly certified and approved by the department of corrections, from the county clerk of any county in, city, village, or town on behalf of the county, city, village, or town, which are presented for payment to reimburse the county reimbursement for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or juveniles in juvenile correctional facilities, as defined in s. 938.02 (10p), including prisoners or juveniles transferred to a mental health institute for observation or treatment, when the. The department shall reimburse under this subsection a county in which a state prison or juvenile correctional facility is located for expenses relating to actions or proceedings involving a prisoner in the state prison or a juvenile in the juvenile correctional facility that are commenced in counties in which the prisons or juvenile correctional facilities are located by a district attorney or by the prisoner or juvenile as a postconviction remedy or a matter involving the prisoner’s status as a prisoner or the juvenile’s status as a resident of a juvenile correctional facility and for certain expenses incurred or paid by it the county in reference to holding those juveniles in secure custody while those actions or proceedings are pending. The department shall reimburse on a quarterly basis a county, city, village, or town under this subsection for expenses relating to law enforcement investigative services that it provided for an incident involving a prisoner in a state prison or a juvenile in a juvenile correctional facility within its jurisdiction. Expenses shall only include the amounts that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county jurisdiction had the offense or crime occurred therein.

19,37 Section 37. 16.5185 (3) of the statutes is created to read:

16.5185 (3) On December 30, 2024, and on each December 30 thereafter, the secretary shall transfer from the local government fund to the transportation fund $8,000,000.

19,38 Section 38. 16.5185 (4) of the statutes is created to read:

16.5185 (4) Beginning on June 30, 2024, in each fiscal year, there is transferred from the general fund to the transportation fund the amount shown for the transfer in the general fund summary schedule of the biennial budget act for EV sales tax.

19,39 Section 39. 16.5186 of the statutes is created to read:

16.5186 Transfers involving the local government fund. (1) On July 1, 2024, the secretary shall transfer from the general fund to the local government fund the amount specified under s. 25.491 (1) (a).

(2) Beginning in fiscal year 2024-25, on the 2nd Monday in July in each fiscal year, the secretary shall transfer from the general fund to the local government fund 15 percent of the amount specified under s. 25.491 (1) (b) and (c). On the 2nd Monday in November in each fiscal year, the secretary shall transfer from the general fund to the local government fund 85 percent of the amount specified under s. 25.491 (1) (b) and (c).

Vetoed In Part

(3) On June 30, 2025, and on each June 30 thereafter, the secretary shall transfer the unencumbered balance of the local government fund other than amounts credited to the innovation account of the local government fund under s. 25.491 (10) and the innovation planning grants account under s. 25.491 (11) in excess of 0.1 percent of the amounts deposited under s. 25.491 (1) (b) and (c) during that fiscal year, from the local government fund to the general fund.

19,40 Section 40. 16.855 (1m) of the statutes is amended to read:

16.855 (1m) The department shall let by contract to the lowest qualified responsible bidder all construction work when the estimated construction cost of the project exceeds $50,000, except for construction work authorized under s. 16.858 and except as provided in sub. (1r) or (10m) or s. 13.48 (19). Beginning in fiscal year 2023-24, this amount is $100,000. If factors other than dollar amounts are required to be evaluated for a project, the department shall specify a formula that will convert the other factors into a dollar value for comparison.

19,41 Section 41. 16.855 (2) (intro.) of the statutes is amended to read:

16.855 (2) (intro.) Except for projects authorized under s. 16.858, whenever the estimated construction cost of a project exceeds $50,000 or, beginning in fiscal year 2023-24, $100,000, or if less and in the best interest of the state, the department shall:

19,42 Section 42. 16.855 (14) (am) of the statutes is amended to read:

16.855 (14) (am) Except as provided in sub. (14s) and s. 13.48 (19), the department shall let all construction projects that exceed $300,000 through single prime contracting. Beginning in fiscal year 2023-24, this amount is $600,000. The department may not request or accept any alternate bids when letting a construction project through single prime contracting.

19,43 Section 43. 16.855 (14s) (a) of the statutes is amended to read:

16.855 (14s) (a) The department may let any construction project that exceeds $300,000 to a single trade contractor for all work on the project if at least 85 percent of the estimated construction cost of the project is for work that involves the trade that is the primary business of the single trade contractor. Beginning in fiscal year 2023-24, this amount is $600,000.

19,44 Section 44. 16.855 (22) of the statutes is amended to read:

16.855 (22) The provisions of this section, except sub. (10m), do not apply to construction work for any project involving a cost of not more than $300,000 if the project is constructed in accordance with policies and procedures prescribed by the building commission under s. 13.48 (29). Beginning in fiscal year 2023-24, this amount is $600,000. If the estimated construction cost of any project, other than a project exempted under sub. (12m), is at least $50,000, and the building commission elects to utilize the procedures prescribed under s. 13.48 (29) to construct the project, the department shall provide adequate public notice of the project and the procedures to be utilized to construct the project on a publicly accessible computer site. Beginning in fiscal year 2023-24, this amount is $100,000.

19,45 Section 45. 16.87 (3) of the statutes is amended to read:

16.87 (3) Except as provided in sub. (4), a contract under sub. (2) is not valid or effectual for any purpose until it is endorsed in writing and approved by the secretary or the secretary’s designee and, if the contract involves an expenditure over $300,000 $600,000, approved by the governor. Except as provided in sub. (4), no payment or compensation for work done under any contract involving $2,500 or more, except a highway contract, may be made unless the written claim is audited and approved by the secretary or the secretary’s designee. Any change order to a contract requiring approval under this subsection requires the prior approval by the secretary or the secretary’s designee and, if the change order involves an expenditure over $300,000 $600,000, the approval of the governor.

19,46 Section 46. 16.971 (9) of the statutes is amended to read:

16.971 (9) In conjunction with the public defender board, the director of state courts, the departments of corrections and justice, and district attorneys, the department may maintain, promote, and coordinate automated justice information systems that are compatible among counties and the officers and agencies specified in this subsection, using the moneys appropriated under s. 20.505 (1) (dm), (kh), and (kq). The department shall annually report to the legislature under s. 13.172 (2) concerning the department’s efforts to improve and increase the efficiency of integration of justice information systems.

19,47 Section 47. 16.9945 of the statutes is repealed.

19,48 Section 48. 18.08 (7) of the statutes is created to read:

18.08 (7) (a) Notwithstanding sub. (3), moneys transferred under 2023 Wisconsin Act .... (this act), section 9251 (1), cannot be commingled with other moneys in the capital improvement fund and all earnings on or income from investments of the moneys transferred under 2023 Wisconsin Act .... (this act), section 9251 (1), and all excess moneys so transferred that are not used to fund building projects authorized in the 2023-25 Authorized State Building Program, shall be deposited into or transferred to the general fund.

19,49 Section 49. 20.005 (1) of the statutes is repealed and recreated to read:

20.005 (1) Summary of all funds. The budget governing fiscal operations for the state of Wisconsin for all funds beginning on July 1, 2023, and ending on June 30, 2025, is summarized as follows: [See Figure 20.005 (1) following]

Figure: 20.005 (1)

GENERAL FUND SUMMARY

SUMMARY OF APPROPRIATIONS — ALL FUNDS

SUMMARY OF COMPENSATION RESERVES — ALL FUNDS

LOTTERY FUND SUMMARY

19,50 Section 50. 20.005 (2) of the statutes is repealed and recreated to read:

20.005 (2) State borrowing program summary. The following schedule sets forth the state borrowing program summary: [See Figures 20.005 (2) (a) and (b) following]