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.
Marketing clearinghouse
The bill repeals the requirement that the Department of Tourism maintain a
marketing clearinghouse to provide marketing services to state agencies.
Cheese distribution
Under current law, the Department of Tourism must distribute donated,
Wisconsin-made cheese at tourist information centers that the Department of
Tourism operates. The bill eliminates that requirement.
Famous residents in marketing
Under current law, the Council on Tourism must consider using famous current
and former residents of this state in tourism marketing strategies. The bill
eliminates that requirement.
WPGA Junior Foundation
Under current law, the WPGA Junior Foundation, Inc., which is a nonprofit
organization dedicated to promoting the game of golf to Wisconsin junior golfers and
their families, must submit to the attorney general and each house of the legislature
an audited financial statement of its use of payments paid to the WPGA Junior
Foundation, Inc., by the Department of Tourism to fund efforts to provide
opportunities, enjoyment, and education to junior golfers in this state. The bill
eliminates that reporting requirement.
Marketing efforts reporting requirement
Under current law, the Department of Tourism must annually report the
activities, marketing efforts, receipts, and disbursements of the Department of
Tourism for the previous fiscal year to the Senate Committee on Natural Resources
and Energy and the Assembly Committee on Tourism. The bill designates that these
annual reports be sent to the appropriate standing committees of the legislature.
correctional system
Adult correctional system
Earned compliance credit
The bill creates an earned compliance credit for time spent on extended
supervision or parole. Under current law, a person's extended supervision or parole
may be revoked if he or she violates a condition or rule of the extended supervision
or parole. If extended supervision or parole is revoked, the person is returned to
prison for an amount of time up to the length of the original sentence, less any time
actually served in confinement and less any credit for good behavior. Under current
law, when extended supervision or parole is revoked, the time spent on extended
supervision or parole is not credited as time served under the sentence.
Under the bill, an eligible inmate receives an earned compliance credit for time
served on extended supervision or parole. The earned compliance credit equals the
amount of time served on extended supervision or parole without violating any
condition or rule of extended supervision or parole. Under the bill, a person is eligible
to receive the earned compliance credit only if the person is not required to register
as a sex offender and is serving a sentence for a crime that is not a specified violent
crime or a specified crime against a child. Under the bill, if a person's extended
supervision or parole is revoked, he or she may be incarcerated for up to the length
of the original sentence, less any credit for time served in confinement, any credit for
good behavior, and any earned compliance credit.
Earned release
The bill expands the earned release program. Under current law, an eligible
inmate may earn early release to parole or extended supervision by successfully
completing a substance use disorder treatment program. An inmate is eligible for
earned release only if the inmate is serving time for a crime that is not a violent crime
and, for an inmate who is serving a bifurcated sentence, the sentencing court
determines that the inmate is eligible.
The bill expands the earned release program to include successful completion
of a vocational readiness program, which includes educational, vocational,
treatment, or other qualifying evidence-based training programs to reduce
recidivism, in addition to successful completion of a substance use disorder
treatment program. The bill also provides that DOC, not the sentencing court,
determines program participation eligibility for all inmates.
Notice to crime victims upon parole or release to extended supervision
Under current law, before a prisoner is released on parole or extended
supervision, the parole commission or DOC must notify certain individuals of the
pending release, including the victim of the crime or, if the victim died as a result of
the crime, an adult member of the victim's family or, if the victim is younger than 18
years old, the victim's parent or legal guardian. The bill provides that, if the victim
died as a result of the crime, the parole commission or DOC must also notify any
member of the victim's family who was younger than 18 years old at the time the
crime was committed but is now 18 years old or older.
Treatment of pregnant and postpartum person in prison and jail
The bill limits the use of physical restraints on pregnant and postpartum
persons who are in the custody of a correctional facility. Under the bill, a pregnant
person may not be restrained unless the restraints are reasonably necessary for the
legitimate safety and security needs of the person, correctional staff, other inmates,
or the public, and any restraints used must be the least restrictive possible under the
circumstances. In addition, the bill requires that each woman in the custody of a
correctional facility be offered testing for pregnancy, and, if pregnant, be offered
testing for sexually transmitted infections. The bill also requires the correctional
facility where the pregnant or postpartum person is being confined to provide
information related to pregnancy, labor, and the postpartum period, and to provide
access to certain health services related to pregnancy, labor, and the postpartum
period.
Reimbursement for law enforcement investigative services
Under current law, DOC must reimburse counties for certain expenses related
to an action or proceeding involving a prisoner in a state prison or a juvenile in a
juvenile correctional facility in the county. The bill adds that DOC must reimburse
any county, city, village, or town that provides law enforcement investigative services
for an incident involving a prisoner in a state prison or a juvenile in a juvenile
correctional facility.
Transfer of security operations at Wisconsin Resource Center
The bill transfers security operations at the Wisconsin Resource Center from
DOC to DHS. The transfer includes the transfer of assets, liabilities, position
authorizations and the incumbent employees holding those positions, tangible
personal property, contracts, and any currently pending matters.
Juvenile correctional system
Age of juvenile court jurisdiction
Under current law, a person 17 years of age or older who is alleged to have
violated a criminal law is subject to the procedures specified in the Criminal
Procedure Code and, on conviction, is subject to sentencing under the Criminal Code,
which may include a sentence of imprisonment in the Wisconsin state prisons.
Currently, subject to certain exceptions, a person under 17 years of age who is alleged
to have violated a criminal law is subject to the procedures specified in the Juvenile
Justice Code and, on being adjudicated delinquent, is subject to an array of
dispositions under that code, including placement in a juvenile correctional facility.
The bill raises from 17 to 18 the age at which a person who is alleged to have violated
a criminal law is subject to the procedures specified in the Criminal Procedure Code
and, on conviction, to sentencing under the Criminal Code.
Similarly, under current law, a person 17 years of age or older who is alleged to
have violated a civil law or municipal ordinance is subject to the jurisdiction and
procedures of the circuit court or, if applicable, the municipal court, while a person
under 17 years of age who is alleged to have violated a civil law or municipal
ordinance, subject to certain exceptions, is subject to the jurisdiction and procedures
of the court assigned to exercise jurisdiction under the Juvenile Justice Code. The
bill raises from 17 to 18 the age at which a person who is alleged to have violated a
civil law or municipal ordinance is subject to the jurisdiction and procedures of the
circuit court or, if applicable, the municipal court.
Seventeen-year-old juvenile justice aids
The bill creates a sum sufficient appropriation under DCF for
youth-aids-related purposes but only to reimburse counties, beginning on January
1, 2024, for costs associated with juveniles who were alleged to have violated a state
or federal criminal law or any civil law or municipal ordinance at age 17.
Juvenile Justice Reform Review Committee
The bill creates a Juvenile Justice Reform Review Committee in DCF, with
members appointed by the governor. Under the bill, the committee is charged with
studying and providing recommendations to DCF and DOC on how to do all of the
following:
1. Increase the minimum age of delinquency.
2. Eliminate original adult court jurisdiction over juveniles.
3. Modify the waiver procedure for adult court jurisdiction over juveniles and
incorporate offenses currently subject to original adult court jurisdiction into the
waiver procedure.
4. Eliminate the serious juvenile offender program and create extended
juvenile court jurisdiction with a blended juvenile and adult sentence structure for
certain juvenile offenders.
5. Prohibit placement of a juvenile in a juvenile detention facility for a status
offense and limit sanctions and short-term holds in a juvenile detention facility to
cases in which there is a public safety risk.
6. Sunset long-term post-disposition programs at juvenile detention facilities.
7. Create a sentence adjustment procedure for youthful offenders.
8. Conform with the U.S. Constitution the statutes that mandate imposing
sentences of life imprisonment without parole or extended supervision to minors.
Under the bill, the committee terminates on September 16, 2024, and DCF and
DOC must submit in their 2025-27 biennial budget requests a request to implement
the committee's recommendations.
Daily rates for juvenile correctional services
The bill increases the per person daily rate paid by counties to DOC for services
provided to juveniles who are placed in a Type 1 juvenile correctional facility from
$1,178 in fiscal year 2022-23 to $1,246 in fiscal year 2023-24 and $1,268 in fiscal
year 2024-25.
Courts and procedure
Public defenders and district attorneys
Private bar reimbursement rate
Under current law, the state public defender (SPD) provides legal
representation for indigent persons in criminal, delinquency, and certain related
cases. The SPD assigns cases either to staff attorneys or to local private attorneys.
Generally, a private attorney who is assigned a case by the SPD is paid $70 per hour
for time spent related to the case and $25 per hour for time spent in travel related
to a case. The bill increases the rate the private attorney is paid for cases assigned
on or after July 1, 2023. Under the bill, a private attorney is paid $100 per hour for
time spent related to a case, excluding travel, and $50 per hour for time spent in
travel related to a case.
Annual caseload standards exemption
Under current law, the SPD may exempt up to 10 full-time assistant SPDs in
the trials subunit from annual caseload standards based on their need to perform
other assigned duties. Under the bill, beginning on July 1, 2023, the SPD may
exempt up to 25 such assistant SPDs from annual caseload standards based on their
need to perform other assigned duties.
Increase in deputy district attorney allocation
The bill increases the number of deputy district attorneys that may be
appointed in a prosecutorial unit with a population of 200,000 or more but less than
750,000 from three deputy district attorneys to four deputy district attorneys.
Circuit courts
Statutory addition of new circuit court branches
The bill adds to the statutory list of judicial circuit branches to reflect the circuit
court branches authorized under
2019 Wisconsin Act 184 to be added by the director
of state courts, with four designated to begin operation in August 2022 and four
designated to begin operation in August 2023.
Under current law, the statutes contain a list dividing, by administrative
district and judicial circuit, how many branches each circuit has. Act 184 authorized
the director of state courts to add four additional circuit court branches to begin
operation on August 1, 2022, and four additional circuit court branches to begin
operation on August 1, 2023. Act 184 further authorized the director of state courts
to allocate each new branch to any county that the director of state courts determined
to be in need of an additional circuit court branch and that established, or will have
established, by May 31 of the year the court would begin operation, the appropriate
infrastructure to support an additional circuit court branch. Act 184 further
authorized the director of state courts to require any county, as a condition for
receiving a circuit court branch allocation, to have established or to apply for a grant
to establish a drug court. The director of state courts allocated new circuit court
branches to Adams, Eau Claire, Vilas, and Waushara Counties, which were
designated to begin operation on August 1, 2022. The director of state courts has also
allocated new circuit court branches to Clark, Manitowoc, Sawyer, and Wood
Counties, and these are designated to begin operation on August 1, 2023.
Reimbursements for pretrial risk assessments
