Prohibiting discrimination in broadband and broadband subscriber rights
The bill prohibits a broadband service provider from denying access to a group
of potential residential customers because of their race or income. Under the bill,
DATCP has authority to enforce the prohibition and to promulgate related
administrative rules. The bill also authorizes any person affected by a broadband
service provider who violates the prohibition to bring a private action.
The bill establishes various requirements for broadband service providers,
including the following: 1) broadband service providers must provide service
satisfying minimum standards established by PSC, and subscribers may terminate
contracts if the broadband service provider fails to satisfy those standards; 2)
broadband service providers must provide service as described in advertisements or
representations made to subscribers; 3) broadband service providers must repair
broadband service within 72 hours after a subscriber reports a broadband service
interruption that is not the result of a major system-wide or large area emergency;
4) broadband service providers must give subscribers credit for interruptions of
broadband service that last more than four hours in a day; and 5) broadband service
providers must give subscribers at least 30 days' advance written notice before
instituting a rate increase.
The bill also requires each Internet service provider in this state to register with
PSC.
Eliminating minimum markup requirement for the sale of motor vehicle fuel
The bill exempts sales of motor vehicle fuel from the minimum markup
requirement under the Unfair Sales Act.
Under current law, the Unfair Sales Act 1) prohibits below-cost sales of any
merchandise if the sale is intended to induce the purchase of other merchandise or
divert trade unfairly from a competitor; and 2) requires a “minimum markup” (a
specified amount over the cost of the merchandise to the seller) to be added to sales
of motor vehicle fuel, tobacco products, fermented malt beverages, liquor, or wine.
The required minimum markup for motor vehicle fuel is 3, 6, or 9.18 percent of the
cost of the fuel to the seller, depending on whether the fuel is sold by a retailer or a
wholesaler and whether the fuel is sold from a retail station. The bill exempts sales
of motor vehicle fuel from the minimum markup requirement under the Unfair Sales
Act.
Changing the minimum age for cigarettes, tobacco products, and nicotine
products; imposing a minimum age for vapor products
The bill changes the minimum age in Wisconsin for purchasing cigarettes,
tobacco products, or nicotine products from 18 to 21 and imposes the same minimum
age for purchasing vapor products.
In December 2019, enacted legislation amending the federal Food, Drug, and
Cosmetic Act raised the federal minimum age for the sale of tobacco products from
18 to 21. Under current federal law, it is illegal for a retailer to sell any tobacco
product—including cigarettes, cigars, and e-cigarettes—to anyone under the age of
21.
Under current state law, “nicotine products” are products that contain nicotine
and that are not tobacco products, cigarettes, or products that have been approved
by the federal Food and Drug Administration for sale as a smoking cessation product.
“Tobacco products” include products such as cigars, chewing tobacco, and smoking
tobacco. “Vapor products” are noncombustible products that produce a vapor or
aerosol for inhalation from the application of a heating element, regardless of
whether the liquid or other substance contains nicotine.
Under current state law, no person under the age of 18 may purchase, attempt
to purchase, possess, or falsely represent his or her age for the purpose of receiving
any cigarette, nicotine product, or tobacco product with certain limited exceptions.
Current state law also prohibits any person from purchasing cigarettes, tobacco
products, or nicotine products on behalf of a person who is under the age of 18 and
subjects that purchaser to a penalty. A person is also prohibited under current state
law from delivering a package of cigarettes unless the person making the delivery
verifies that the person receiving the package is at least 18 years of age. The bill
changes these ages from 18 to 21. The bill similarly prohibits the purchase of vapor
products by or on behalf of a person who is under the age of 21.
Current state law prohibits a retailer, manufacturer, distributor, jobber,
subjobber, or independent contractor or an employee or agent of any of these persons
from selling or providing cigarettes or tobacco or nicotine products to an individual
who is under the age of 18 and from providing cigarettes or tobacco or nicotine
products to any person for free unless the cigarettes or products are provided in a
place where persons under 18 years of age are generally not permitted to enter.
Current state law also prohibits a retailer or vending machine operator from selling
cigarettes or tobacco or nicotine products from a vending machine unless the retailer
or vending machine operator ensures that no person under 18 years of age is present
on or permitted to enter the premises where the machine is located. The bill changes
these ages from 18 to 21. The bill similarly prohibits the sale or provision of vapor
products to a person who is under the age of 21.
Small Business Retirement Savings Board; retirement savings program
The bill creates a Small Business Retirement Savings Board, attached to DFI,
and requires the board to establish and oversee a small business retirement savings
program for certain privately employed individuals who are not eligible for an
employer-sponsored retirement plan. The board must contract with a vendor
(investment administrator) to provide specified services in administering the
program, including investment services and record-keeping services.
Under the bill, the board consists of the following seven members: the secretary
of financial institutions or his or her designee; two members appointed by the
governor; two members appointed, respectively, by the speaker of the assembly and
president of the senate; one member appointed by the secretary of financial
institutions; and one member appointed by the State of Wisconsin Investment Board.
The bill requires certain members to possess specified attributes or experience, and
all members except the secretary of financial institutions or his or her designee serve
four-year terms.
Under the bill, the board must design the program to meet certain
requirements. Among these, the program must allow eligible employees to
contribute to their accounts through payroll deductions and require participating
employers to withhold from employees' wages, through payroll deductions,
employees' account contributions and remit those contributions directly to the
investment administrator. A “participating employer” is a private employer that
does not offer a retirement savings plan to all employees; has at least one employee
who is a resident of this state; provides notice to the board of its election to participate
in the program; and certifies that, on the date of this notice, it had 50 or fewer
employees. An “eligible employee” is an individual who resides in this state and who
is employed by a private employer that does not offer a retirement savings plan in
which the individual may participate. The bill defines “account” as a retirement
savings account established for an eligible employee under the program. Other
requirements of the program are that the administrative costs must be low and the
fee that the investment administrator may charge an eligible employee is limited to
a fixed monthly fee in an amount approved by the board. The program must also
allow an eligible employee who has established an account to continue the account
after separating from employment with a participating employer if the account is
maintained with a positive balance.
Under the bill, after electing to participate in the program, a participating
employer must provide notice to each of its eligible employees of the eligible
employee's right to opt out of the program. Unless the eligible employee opts out, the
participating employer must enroll the eligible employee in the program and begin
making payroll deductions, which amounts are remitted to the investment
administrator as account contributions of the employee. Unless a different account
type is offered, and the employee selects another option, these contributions are
made to a Roth IRA for the employee. Unless the employee directs otherwise, during
the employee's first year of enrollment in the program, the participating employer
must make a payroll deduction each pay period at a rate of 5 percent of the employee's
gross wages, with this rate increasing by 1 percent per year until a maximum rate
of 10 percent is reached. However, the participating employer must make a good
faith effort to establish the payroll deduction at a rate that will not result in the
employee's total annual contributions exceeding maximum contribution limits
established by the board in accordance with the federal contribution limits for Roth
IRAs, although the participating employer is not responsible if excess contributions
occur. Under the program, the eligible employee must have certain investment
options within each account type, including a stable value or capital preservation
fund and a target date index fund or age-based fund. An eligible employee's first
$1,000 of contributions must be deposited in a stable value or capital preservation
fund, and thereafter, unless the employee selects a different investment option, the
employee's contributions must be deposited in a target date index fund or age-based
fund.
The bill specifies that, in establishing the program, the board may create or
impose any requirement or condition not inconsistent with the bill's requirements
that the board considers necessary for the effective functioning and widespread
utilization of the program. The bill also authorizes the board to enter into contracts
for services necessary for establishing and overseeing the program, including
services of financial institutions, attorneys, investment advisers, accountants,
consultants, and other professionals. The board may promulgate administrative
rules related to the program. DFI must provide the board with assistance necessary
for the program, including staff, equipment, and office space. The board may
delegate to DFI responsibility for carrying out any day-to-day board function
related to the program.
Implementation by DFI of section 529A ABLE savings account program
The bill requires DFI to implement a qualified ABLE program under section
529A of the Internal Revenue Code allowing tax-exempt accounts for qualified
expenses incurred by individuals with disabilities.
Under current federal law, states may create a qualified Achieving a Better Life
Experience program under which an individual may establish a tax-exempt savings
account to pay for qualified expenses, such as education, housing, and transportation
costs, for a beneficiary who is an individual with disabilities, as defined under federal
law. Although these accounts, commonly referred to as “ABLE accounts” or “section
529A accounts,” cannot be established under this state's law, they can be established
under another state's law, and if so established, withdrawals from these accounts for
payment of qualified disability expenses for the account beneficiary are exempt from
taxation in this state.
Current law also requires DFI to study and report on establishing a qualified
ABLE program, including examination of the advantages and disadvantages of
certain options and review and evaluation of related issues. DFI was required to
report to the legislature the results of the study, including DFI's findings and
recommendations, by September 1, 2022.
The bill requires DFI to implement and administer a qualified ABLE program,
either directly or by entering into an agreement with another state or alliance of
states to establish an ABLE program or otherwise administer ABLE program
services for the residents of this state. DFI must, within approximately nine months,
determine whether implementing the ABLE program directly or by entering into an
agreement is the best option for this state's residents. If DFI enters into an
agreement, the agreement may require the party contracting with DFI to do any of
the following: 1) develop and implement an ABLE program in accordance with all
requirements under federal law and modify the ABLE program as necessary for
participants to qualify for federal income tax benefits; 2) contract for professional
and technical assistance and advice in developing marketing plans and promotional
materials to publicize the ABLE program; 3) work with organizations with expertise
in supporting people with disabilities and their families in administering the
agreement and ensuring accessibility of the ABLE program for people with
disabilities; or 4) take any other action necessary to implement and administer the
ABLE program. The bill also requires DFI to provide on its website information
concerning ABLE accounts.
Sales by a municipality or county of wine in a public park
The bill allows a municipality or county to sell wine in its public parks without
an alcohol beverage license.
Under current law, with limited exceptions, no person may sell alcohol
beverages to a consumer unless the seller possesses a license or permit authorizing
the sale. Under one exception, no license or permit is required for the sale, by officers
or employees of a county or municipality, of fermented malt beverages (beer) in a
public park operated by the county or municipality.
The bill applies this exception to wine along with beer.
Closing hours for alcohol beverage retailers during the 2024 Republican
National Convention
The bill creates an exception allowing southeast Wisconsin municipalities to
authorize extended closing hours for certain alcohol beverage retailers during the
time that the 2024 Republican National Convention is held in Milwaukee.
Under current law, a Class “B" license authorizes the retail sale of beer for
consumption on or off the licensed premises. Except when issued to a winery, a “Class
B" license authorizes the retail sale of intoxicating liquor for consumption on the
licensed premises and, subject to restrictions, for consumption off the licensed
premises. Class “B” and “Class B” licenses are often issued together for restaurants
and taverns. A “Class C" license, which may be issued only for a restaurant,
authorizes the retail sale of wine for consumption on the licensed premises. With
limited exceptions, a retailer operating under a Class “B," “Class B,” or “Class C”
license may not remain open between the hours of 2 a.m. and 6 a.m. on weekdays or
between 2:30 a.m. and 6 a.m. on Saturday and Sunday, and a municipality may not
impose different closing hours by ordinance.
The bill creates a closing hour exception that may be available for Class “B,”
“Class B,” and “Class C” licensees operating in a municipality any part of which is
located within Kenosha, Racine, Walworth, Rock, Milwaukee, Waukesha, Jefferson,
Dane, Ozaukee, Washington, Dodge, Columbia, Sheboygan, or Fond du Lac County
(southeast Wisconsin municipality). Under the bill, from July 15 to July 19, 2024,
the closing hour for a Class “B,” “Class B,” or “Class C” licensed premises in a
southeast Wisconsin municipality is 4 a.m. if the municipality issuing the license has
adopted a resolution allowing extended closing hours and, upon application by a
licensee, has authorized the extended closing hour for that licensee. The bill does not
affect the hours during which a Class “B” or “Class B” licensee may make sales for
off-premises consumption.
Economic development
WEDC venture capital fund of funds program
The bill directs WEDC to establish and administer a venture capital fund of
funds program to invest in venture capital funds that invest in Wisconsin businesses.
The bill requires WEDC to create a fund of funds that will continuously reinvest its
assets under the program and to create an oversight board whose duties include
contracting with an investment manager for the program.
The bill directs the oversight board to establish investment policies for the
program. Under the bill, the program's moneys must be committed for investment
to venture capital funds no later than 60 months after the fund of funds is created
and no more than $18,750,000 may be committed to any single venture capital fund
for investment. The bill requires that at least 20 percent of the investments made
through the program be directed to businesses located in parts of the state that
typically do not receive significant venture capital fund investment, minority-owned
businesses, and women-owned businesses. The bill prohibits any investment in
lobbying and law firms.
Under the bill, the investment manager must contract with each venture
capital fund that receives moneys through the program. The contract must require
the venture capital fund to do all of the following:
1. Make new investments in an amount equal to the moneys it receives through
the program in businesses who are headquartered, and whose operations are
primarily, in this state.
2. At least match the amount it receives through the program and invests in
a business with an investment in that same business of moneys from sources other
than the program. The investment manager must ensure that, on average, for every
$1 a venture capital fund receives through the program and invests in a business,
the venture capital fund invests $2 in that business from sources other than the
program.
3. Provide to the investment manager the information necessary to complete
the reports described below.
The bill requires the investment manager to annually submit to WEDC an
audit of the investment manager's financial statements, the rate of return from
investments made through the program, and certain information on each venture
capital fund participating in the program and each business in which investments
were made. WEDC must submit this information to the legislature. The bill also
requires the investment manager to submit quarterly reports to the oversight board.
WEDC GPR appropriation
The bill adds $40,000,000 to WEDC's GPR appropriation for general operations
and economic development programs in fiscal year 2023-24. The bill also adjusts the
calculation used to determine the amount of WEDC's GPR appropriation.
Business development tax credit changes
Under current law, the tax benefits WEDC may award to a person certified
under the business development tax credit program include an amount equal to up
to 50 percent of the person's training costs incurred to undertake activities to
enhance an eligible employee's general knowledge, employability, and flexibility in
the workplace; to develop skills unique to the person's workplace or equipment; or
to develop skills that will increase the quality of the person's product. Under the bill,
that criterion for awarding business development tax credits is changed to an
amount equal to up to 50 percent of the person's training costs incurred to undertake
activities to upgrade or improve the job-related skills of an eligible employee, train
an eligible employee on the use of job-related new technologies, or provide
job-related training to an eligible employee whose employment with the person
represents the employee's first full-time job.
Also, under current law, the tax benefits WEDC may award to a person certified
under the business development tax credit program include an amount determined
by WEDC that is equal to a percentage of the amount of wages that the person paid
to an eligible employee in the taxable year, if the position in which the eligible
employee was employed was created or retained in connection with the person's
location or retention of the person's corporate headquarters in this state and the job
duties associated with the eligible employee's position involve the performance of
corporate headquarters functions. Under the bill, WEDC may award business
development tax credits under that criterion regardless of whether the job duties
associated with the eligible employee's position involve the performance of corporate
headquarters functions.
Wage thresholds for business development and enterprise zone tax credits
The bill raises the minimum wage thresholds for the business development and
enterprise zone tax credits for businesses that enter into contracts with WEDC after
December 31, 2023. Under current law, WEDC may certify businesses that engage
in qualifying activities, including full-time job creation and retention, to claim the
credits. One requirement for claiming either credit is that the business enter into
a contract with WEDC. In its contracts, WEDC uses a definition of “full-time
employee” that means an individual who, among other things, is paid at least 150
percent of the federal minimum wage. The bill changes this minimum wage
threshold to $32,000 for the business development tax credit and to $32,000 in a tier
I county or municipality and $42,390 in a tier II county or municipality for the
enterprise zone tax credit, with all these amounts adjusted annually for inflation.
Additionally, under current law, the enterprise zone tax credit is partially based on
the wages paid to zone employees that are at least 150 percent of the federal
minimum wage in a tier I county or municipality or $30,000 in a tier II county or
municipality. The bill changes these thresholds to $32,000 and $42,390, respectively,
with both amounts adjusted annually for inflation.
The bill also modifies the maximum wage earnings limit for businesses that
enter into contracts with WEDC after December 31, 2023. Under current law, the
maximum wage earnings that may be considered per employee for the enterprise
zone tax credit is $100,000. The bill increases this amount to $141,300, which is
adjusted annually for inflation, and establishes the same dollar amount limit for the
business development tax credit.
The bill also adjusts the definition of “full-time job” for purposes of the business
development tax credit and “full-time employee” for purposes of the enterprise zone
jobs tax credit by removing the current requirement that a worker work at least 2,080
hours per year, including paid leave and holidays, in order to be considered
“full-time.”
Enterprise zone designations
Under current law, WEDC may designate any number of enterprise zones for
purposes of certifying taxpayers to claim tax credits for certain activities carried out
within an enterprise zone. However, current law subjects WEDC's designation of a
new enterprise zone to the approval of JCF under passive review.
The bill provides that WEDC may designate no more than 30 enterprise zones
and eliminates the requirement that WEDC seek approval for a new enterprise zone
from JCF under passive review.
Energy efficiency and renewable energy project expenditures for the
business development tax credit
The bill adds a new category of expenditures that qualify for the business
development tax credit. Under current law, WEDC may award the tax credit to a
certified business on the basis of its qualifying expenses related to job creation and
retention, employee training, capital investment, and corporate headquarters
location or retention in this state. Under the bill, WEDC may also award the tax
credit on the basis of a certified business's energy efficiency or renewable energy
project expenditures. The credit is equal to up to 25 percent of the expenditures and,
under the bill, WEDC must ensure that the percentage of expenditures taken into
account positively correlates to the scale of the project. The bill applies to credits
awarded after December 31, 2023.
Main Street Bounceback grants
The bill creates an annual GPR appropriation for WEDC to award grants to
provide assistance to businesses opening a new location or expanding operations in
a vacant commercial space. WEDC already administers such a program, which is
nonstatutory, with federal American Rescue Plan Act funding. Under the bill,
WEDC must establish eligibility requirements and other policies and procedures for
grants awarded under the bill that are substantially similar to the eligibility
requirements and policies and procedures in effect on June 30, 2023, for the
Wisconsin Tomorrow Main Street Bounceback Grant Program administered by
WEDC. Additionally, WEDC may not award a grant under the bill to a nonprofit
organization.
Cooperative development funding
The bill requires WEDC to allocate at least $500,000 from its economic
development appropriations in the 2023-24 fiscal year for the purpose of assisting
cooperative development activities in this state.
WEDC's unassigned fund balance
Current law requires that WEDC establish policies and procedures concerning
its unassigned fund balance, which is defined as all moneys held by WEDC that
WEDC is not obligated by law or by contract to expend for a particular purpose or that
WEDC has not otherwise assigned to be expended for a particular purpose. Under
current law, those policies and procedures must include as a target that WEDC's
unassigned fund balance on June 30 of each fiscal year be an amount equal to or less
than one-sixth of WEDC's total administrative expenditures for that fiscal year. The
bill eliminates the requirement that WEDC's policies and procedures include that
target for WEDC's unassigned fund balance.
Information sharing between WEDC and DOR
The bill allows WEDC and DOR to enter into an agreement under which WEDC
may obtain copies of tax returns and related documents from DOR. The bill also
authorizes WEDC to examine tax returns and related documents held by DOR to the
extent necessary to administer WEDC's economic development programs. Under
current law, WEDC's examination authority is limited to the development zone tax
credit program.
WHEFA financing of nonprofit institution working capital costs
Under current law, WHEFA may issue bonds to finance certain projects of
health, educational, research, and other nonprofit institutions. The bill authorizes
WHEFA to issue bonds for the purpose of financing such institutions' working capital
costs.
Landlord-tenant
Notification of building code violations
Under current law, before entering into a lease with or accepting any earnest
money or a security deposit from a prospective tenant, a landlord must disclose to the
prospective tenant any building code or housing code violations of which the landlord
has actual knowledge if the violation presents a significant threat to the prospective
tenant's health or safety. The bill eliminates the condition that the landlord have
actual knowledge of such a violation and that the threat to the prospective tenant's
health or safety be “significant”; under the bill, the landlord must disclose to a
prospective tenant a building code or housing code violation, regardless of whether
the landlord has actual knowledge of the violation, if the violation presents a threat
to the prospective tenant's health or safety.
Local landlord-tenant ordinances
Current law prohibits cities, villages, towns, and counties (local governments)
from enacting certain ordinances relating to landlords and tenants. Local
governments may not do any of the following:
1. Prohibit or limit landlords from obtaining or using certain information
relating to a tenant or prospective tenant, including monthly household income,
occupation, rental history, credit information, court records, and social security
numbers.
2. Limit how far back in time a landlord may look at a prospective tenant's
credit information, conviction record, or previous housing.
3. Prohibit or limit a landlord from entering into a rental agreement with a
prospective tenant while the premises are occupied by a current tenant.
4. Prohibit or limit a landlord from showing a premises to a prospective tenant
during a current tenant's tenancy.
5. Place requirements on a landlord with respect to security deposits or earnest
money or inspections that are in addition to what is required under administrative
rules.
6. Limit a tenant's responsibility for any damage to or neglect of the premises.
7. Require a landlord to provide any information to tenants or to the local
government any information that is not required to be provided under federal or
state law.
8. Require a residential property to be inspected except under certain
circumstances.
9. Impose an occupancy or transfer of tenancy fee on a rental unit.
Current law also prohibits local governments from regulating rent abatement
in a way that permits abatement for conditions other than those that materially
affect the health or safety of the tenant or that substantially affect the use and
occupancy of the premises. The bill eliminates all of these prohibitions.
Local moratorium on evictions
Current law prohibits local governments from imposing a moratorium on
landlords from pursuing evictions actions against a tenant. The bill eliminates that
prohibition.
Rental property inspection requirements
The bill makes various changes to the requirements relating to inspections of
rental properties. The bill eliminates existing limitations on inspection fees that
municipalities and counties may charge for rental property inspections. Under the
bill, a landlord must provide notice to a tenant of an impending inspection in the
same manner the landlord would provide notice under current law to enter for
repairs or to show the property to prospective tenants. The bill also provides that
rental property inspection fees charged by a municipality or county are not subject
to deduction from the municipality or county's tax levy.
Tourism
American Indian tourism marketing
The bill requires DOA to award an annual grant to the Great Lakes
Inter-Tribal Council to provide funding for a program to promote tourism featuring
American Indian heritage and culture. The bill also transfers from the Department
of Tourism to DOA a contract between the Great Lakes Inter-Tribal Council and the
Department of Tourism that relates to the promotion of tourism featuring American
Indian heritage and culture.
Major opportunities and events
The bill authorizes the Department of Tourism to expend moneys to attract
major opportunities and events to this state, including expenditures for major
marketing and professional efforts. The bill requires the department to collaborate
with WEDC to implement the department's duties under the bill.
