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 not to exceed $175,000 annually. This grant requirement sunsets after five years.
4. Award grants to the Menominee Indian Tribe of Wisconsin to support the Menominee Indian Tribe’s transit services, in an amount not to exceed $266,600 annually.
Gaming investigative services
The bill creates a GPR appropriation for the Division of Gaming in DOA to fund investigative and outreach services for charitable gaming and tribal gaming.
Investment and capital grants programs
The bill creates three new grant programs to be administered by DOA: a neighborhood capital investment grant program; a health-care infrastructure capital grant program; and a tourism capital investment grant program. The bill also creates a new GPR appropriation for the grant programs and allocates specified dollar amounts to the programs during the 2023-25 fiscal biennium.
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.
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 or more of those certifications may be eligible to receive certain benefits, including some advantages when bidding on public projects. 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 is currently performing a useful business function.
2. Disability-owned businesses, including financial advisers and investment firms. Under the bill, the distinction between disabled veteran-owned businesses and businesses owned by veterans is removed. This means that under the bill, there are certifications for veteran-owned businesses and disability-owned businesses. 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 including when bidding on public projects, similar to certified disabled veteran-owned businesses, woman-owned businesses, and minority businesses.
Under current law, state agencies must attempt to ensure that they pay minority businesses 5 percent of the total amount expended for state procurements in each fiscal year. The bill requires state agencies to attempt to ensure that they pay veteran-owned businesses, disability-owned businesses, and lesbian, gay, bisexual, or transgender-owned businesses an aggregate amount of 5 percent of the total amount expended for state procurements in each fiscal year.
Finally, the bill requires DOA to develop, maintain, and keep current a database of certified minority-owned businesses.
Creating the Office of Environmental Justice
The bill creates the Office of Environmental Justice in 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 three.
The bill makes an appropriation for the administration of the Office of Environmental Justice and the Office of Sustainability and Clean Energy and for the chief resiliency officer.
The bill also makes an appropriation for the climate risk assessment and resiliency plan technical assistance grant program.
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 for clean energy production research. The bill also makes an appropriation for grants for clean energy production research.
Clean energy small business incubator
The bill creates a clean energy small business incubator that is operated by the Office of Sustainability and Clean Energy in DOA. The incubator is required to provide business development, mentorship, and expertise to small businesses with primary places of business in this state that operate in the clean energy sector. The bill also creates a grant program operated by the incubator to provide grants to small business start-ups that operate in the clean energy sector with a primary place of business in this state and requires the Office of Sustainability and Clean Energy to establish requirements for recipients of such grants. Finally, the bill creates a new GPR appropriation for the administration of the incubator and for grants to small business start-ups in the clean energy sector.
Chief equity officer
The bill creates the unclassified position of chief equity officer in DOA, which is assigned to executive salary group four.
Volkswagen settlement grants for mass transit systems
Under current law, for each county or municipality in which an urban mass transit system operates, and which receives a grant for the replacement of public transit vehicles under the Volkswagen settlement, DOA must reduce the shared revenue aid it provides to the county or municipality based on the amount of the grant under the Volkswagen settlement. For a county or municipality in which the urban mass transit system serves a population of 200,000 or more, the bill changes the reduction from 75 percent to 20 percent of the grant amount for grants awarded after the effective date of the bill.
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. Under current law, DFI’s general program operations are funded from an annual program revenue appropriation. From this appropriation, $150,000 is transferred annually to an appropriation to the secretary of state for general program operations. The bill increases the amount of the transfer to $260,000 annually.
Justice information systems funding
Under current law, DOA, in conjunction with the Public Defender Board, the director of state courts, DOC, DOJ, and district attorneys, is tasked with maintaining, promoting, and coordinating automated justice information systems that are compatible among counties and those officers and state agencies. Funding for the automated justice information systems comes from justice information fee receipts and penalty surcharge receipts. The bill creates a new GPR appropriation that will also fund the automated justice information systems.
Civil legal services for the indigent
The bill requires DOA to make annual payments to the Wisconsin Trust Account Foundation, Inc., for the purpose of providing civil legal services to indigent persons.
Public records location fee
Current law allows an authority to impose a fee on any person requesting a public record to cover the cost of locating that record, if the cost is $50 or more. The location fee may not exceed the actual, necessary, and direct cost of locating the record. Current law defines an “authority” to include any elective official or state or local government agency that has custody of a public record.
Under the bill, the cost of locating a public record must be $100 or more before an authority may impose a fee to cover the actual, necessary, and direct cost of locating the record.
TEACH program; GPR funding
Under current law, DOA administers the Technology for Educational Achievement program, known as TEACH. 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. Currently, the TEACH program is funded from the universal service fund. The bill provides additional GPR for the TEACH program.
Online customer service hub
The bill makes a new appropriation to DOA to develop and maintain an online customer service hub.
Information technology infrastructure grant program
The bill repeals the obsolete information technology infrastructure grant program. DOA administered the grant program beginning in the 2017-18 fiscal year and ending in the 2020-21 fiscal year. Under the grant program, DOA awarded grants on a competitive basis to eligible school districts and to eligible public libraries for the purpose of improving information technology infrastructure. Current law prohibits DOA from awarding these grants after June 30, 2021.
State finance
Transfer to the capital improvement fund
The bill transfers $1,955,000,000 from the general fund to the capital improvement fund. The transferred moneys must be used in lieu of bonding to fund building projects authorized in the 2023-25 Authorized State Building Program.
Transfer to the budget stabilization fund
The bill transfers $500,000,000 from the general fund to the budget stabilization fund in fiscal year 2023-24.
Transfer to the artistic endowment fund
The bill transfers $100,000,000 in general purpose revenues from the general fund to the artistic endowment fund.
Transfer from capital planning and building construction services appropriation to the building trust fund
The bill transfers $18,000,000 from the capital planning and building construction services appropriation to the building trust fund in fiscal year 2023-24.
Required general fund statutory balance
Current statutes contain a rule of proceeding governing legislative action on certain bills. Generally, the rule provides that no bill directly or indirectly affecting general purpose revenues may be adopted if the bill would cause the estimated general fund balance on June 30 of any fiscal year to be less than a certain amount of the total GPR appropriations for that fiscal year. Beginning in fiscal year 2017-18, that amount has been equal to the prior fiscal year’s required statutory balance plus $5,000,000, but not to exceed 2 percent of total GPR appropriations for the fiscal year.
The bill provides that for fiscal year 2023-24 and each fiscal year thereafter, the amount is $600,000,000.
Refunding certain general obligation debt
The bill increases from $9,510,000,000 to $11,235,000,000 the amount of state public debt that may be contracted to refund any unpaid indebtedness used to finance tax-supported or self-amortizing facilities. The unpaid indebtedness includes unpaid premium and interest amounts. Under current law, the Building Commission may not incur public debt for refunding purposes unless the true interest costs to the state can be reduced.
National and community service board appropriation
Current law appropriates moneys received from the federal Corporation for National and Community Service to administer the national and community service program. The bill changes this continuing appropriation from one that is limited to the amounts in the schedule to one that is composed of all moneys received.
State employment
Additional biweekly payroll appropriations
Under current law, there are supplemental appropriations from general purpose revenue, program revenue, and segregated revenue to pay for salary and fringe benefits for permanent state employees, including permanent project employees, on the state’s biweekly payroll system in any fiscal year in which a 27th pay period occurs. The bill clarifies that the supplemental appropriations for salary and fringe benefits include permanent UW System employees, including permanent project employees, on the UW System biweekly payroll system.
Removal of salary caps for WHEDA employees
Current law allows WHEDA to employ an executive director and limits the compensation of the executive director and employees of WHEDA to the maximum of the salary range established for positions assigned to executive salary group six. The bill removes this limit on compensation of the executive director and staff of WHEDA.
Removal of salary caps for WHEFA employees
Current law allows WHEFA to employ an executive director and limits the compensation of the executive director to the maximum of the salary range established for positions assigned to executive salary group six. Current law also limits the compensation of each other employee of WHEFA to the maximum of the salary range established for positions assigned to executive salary group three. The bill removes these limits on compensation of the executive director and staff of WHEFA.
Paid family and medical leave
The bill requires the administrator of the Division of Personnel Management in DOA to develop a program for paid family and medical leave of 12 weeks annually for most state employees. The bill requires the administrator to submit the plan for approval as a change to the state compensation plan to the Joint Committee on Employment Relations. If JCOER approves the plan, the plan becomes effective immediately.
Paid sick leave for limited term employees
Under current law, permanent and project state employees receive the following paid leave: vacation, personal holidays, sick leave, and legal holidays. The bill requires the state to provide paid sick leave to limited term employees of the state at the same rate as to permanent and project state employees.
Vacation hours for state employees
The bill provides additional annual leave hours to state employees during their third, fourth, and fifth years of service.
Under current law, state employees who are in nonexempt status under the federal Fair Labor Standards Act earn annual leave at the rate of 104 hours per year of continuous service during the first five years of service and, on an employee’s fifth anniversary of continuous service, the rate increases to 144 hours of annual leave per year of continuous service. Under the bill, beginning on the employee’s second anniversary, a state employee in nonexempt status begins earning vacation hours at the rate of 120 hours per year of service.
Under current law, state employees who are in exempt status under the federal Fair Labor Standards Act earn annual vacation at the rate of 120 hours per year of continuous service during the first five years of service and, on the fifth anniversary of continuous service, the rate increases to 160 hours of annual leave per year of continuous service. Under the bill, beginning on the employee’s second anniversary, a state employee in exempt status begins earning vacation hours at the rate of 136 hours per year of service.
Pay progression caps; deputy and assistant district attorneys, assistant state public defenders, and assistant attorneys general
Under current law, there are pay progression plans for deputy and assistant district attorneys, assistant state public defenders, and assistant attorneys general. These pay progression plans consist of 17 hourly salary steps, with each step equal to one-seventeenth of the difference between the lowest hourly salary and the highest hourly salary for the salary range, and are based entirely on merit. However, current law caps the annual salary adjustment that a deputy or assistant district attorney, assistant state public defender, or assistant attorney general may receive under the respective pay progression plans to no more than 10 percent of the individual’s base pay.
Under the bill, the 10 percent cap on annual salary adjustments for deputy and assistant district attorneys, assistant state public defenders, and assistant attorneys general does not apply during the 2023-24 and 2024-25 fiscal years.
Juneteenth state holiday
The bill designates June 19, the day on which Juneteenth is celebrated, as a state holiday on which state offices are closed. Under current law, the offices of the agencies of state government are generally closed on Saturdays, Sundays, and a total of nine state holidays. The bill also requires the administrator of the Division of Personnel Management in DOA to include June 19 as a paid holiday for UW System employees in the proposal it submits to JCOER for compensation plan changes for the 2023-25 biennium.
