Value-based diabetes medication pilot project
The bill directs OCI to develop a pilot project under which a pharmacy benefit manager and a pharmaceutical manufacturer are directed to create a value-based, sole-source arrangement to reduce the costs of prescription diabetes medication. The bill allows OCI to promulgate rules to implement the pilot project.
Funding for health insurance navigators
The bill directs the commissioner of insurance to award $500,000 in fiscal year 2025-26 and $500,000 in fiscal year 2026-27 to a licensed navigator to prioritize services for the direct care workforce population. Navigators are individuals or entities that perform certain duties, including conducting public education activities to raise awareness of the availability of qualified health plans, distributing fair and impartial information concerning enrollment in qualified health plans, facilitating enrollment in qualified health plans, and providing referrals for any enrollee with a grievance, complaint, or question regarding their health plan, coverage, or a determination under such plan or coverage.
Health Insurance Risk-Sharing Plan balance transfer
The Health Insurance Risk-Sharing Plan (HIRSP) provided health insurance coverage in individual policies to certain eligible individuals, including individuals who were refused coverage in the private health insurance market because of their mental or physical condition. HIRSP was dissolved and, by March 31, 2014, all coverage under HIRSP was finally terminated. 2015 Wisconsin Act 55 repealed two appropriations to OCI that provided funding for the affairs of HIRSP and for winding up the affairs of HIRSP. The bill transfers any balance that was credited to those appropriations and not lapsed as a result of 2015 Wisconsin Act 55 to the general program operations appropriation for OCI in fiscal year 2025-26. Wisconsin Healthcare Stability Plan spending limit
Under current law, the Wisconsin Healthcare Stability Plan (WIHSP) makes a reinsurance payment to a health insurance carrier if the claims for an individual who is enrolled in a health benefit plan with that carrier exceed a threshold amount in a benefit year. WIHSP is administered by OCI and operates under specific terms and conditions of a waiver agreement between OCI and the federal Department of Health and Human Services, which was dated July 29, 2018, and extended December 1, 2022. Currently, the commissioner of insurance is limited to spending $230,000,000 for WIHSP from all revenue sources in a year, unless JCF increases the amount. Under the bill, the governor, not JCF, may increase the spending limit. In addition, the bill increases the spending limit to $250,000,000 in 2026, and beginning in 2027, the bill directs the commissioner to annually adjust the spending limit based on the increase, if any, in the medical care index of the consumer price index. The bill also specifies that OCI’s authority includes the authority to operate WIHSP under any waiver extension approvals.
JUSTICE
Powers of the attorney general
The bill repeals changes made to the powers of the attorney general in 2017 Wisconsin Act 369 relating to the power to compromise or discontinue civil actions prosecuted by DOJ and the power to compromise and settle actions in cases where DOJ is defending the state. The bill reestablishes these settlement powers as they existed under the law before 2017 Wisconsin Act 369 was enacted. The bill allows the attorney general to compromise or discontinue actions prosecuted by DOJ 1) when directed by the officer, department, board, or commission that directed the prosecution or 2) with the approval of the governor when the action is prosecuted by DOJ on the initiative of the attorney general or at the request of any individual. The bill eliminates the requirement for approval of a compromise or discontinuance from a legislative intervenor or JCF. It also eliminates the requirement for the attorney general to obtain approval of a compromise or discontinuance by the Joint Committee on Legislative Organization (JLCO) in certain circumstances before submitting a proposed plan to JCF.
Under the bill, when DOJ is defending the state, the attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state. The bill eliminates the requirement under current law that, in actions for injunctive relief or if there is a proposed consent decree, the attorney general must 1) obtain the approval of any legislative intervenor or 2) if there is no intervenor, submit a proposed plan to JCF and, in certain circumstances, obtain approval of JCF. The bill also eliminates the requirement for the attorney general to obtain approval from JCLO in certain circumstances before submitting a proposed plan of settlement or compromise to JCF.
Crime victim services grants
Current law provides for a number of surcharges that a court must impose on a person who is found to have committed crimes or violated ordinances. The bill creates a new crime victim services surcharge and requires a court to impose the surcharge when imposing a sentence, a period of probation, or a civil forfeiture on a person. The amount of the surcharge is the sum of 40 percent of any fine or forfeiture imposed or $40, whichever is greater, plus $50 for each conviction of a misdemeanor or felony.
The bill requires DOJ to use the funds collected from the surcharge to award grants to organizations that are eligible for federal funds to provide crime victim assistance. The grants from DOJ are intended to supplement any federal funds. In addition, the bill authorizes DOA to supplement the funds available for the grants if DOA determines that the amounts available are insufficient for crime victim services. Under the bill, if DOA determines the amounts available are insufficient, the amount that may be supplemented is capped at the difference between $44,500,000 and the sum of the federal funds received in that fiscal year for crime victim assistance plus the funds collected in that fiscal year from the crime victim services surcharge created in the bill.
Alternatives to prosecution and incarceration programs
Under current law, DOJ operates the alternatives to incarceration grant program and the drug courts grant program. Under these programs, DOJ provides grants to counties and tribes for providing alternatives to prosecution and incarceration for persons who abuse alcohol or other drugs and diverting substance-abusing persons from prison or jail into treatment.
Under the bill, December 31, 2026, is the last day these DOJ grant programs will be in effect. Beginning on January 1, 2027, DOA will operate a grant program for tribes to provide alternatives to prosecution and incarceration programs, and counties will be required to operate such programs to be eligible for certain circuit court payments from the director of state courts.
The bill also transfers 3.0 FTE GPR positions that administer the alternatives to incarceration grant program, and the incumbent employees holding those positions, from DOJ to the Wisconsin Supreme Court on January 1, 2027.
Eliminating the sunset on funding for the Office of School Safety
2023 Wisconsin Act 240 increased the number of positions for the Office of School Safety (OSS) in DOJ by 14.2 project positions for the period beginning on January 1, 2025, and ending on October 1, 2025, and allowed, for the same period, DOJ to fund the positions and other OSS duties using the fees that DOJ collects for issuing licenses to carry concealed weapons. The bill eliminates the sunset on using the fees so that DOJ may continue using the fees to fund positions and other OSS duties. Law enforcement officer training requirements
The bill provides that the Law Enforcement Standards Board may not prevent noncitizens who are in receipt of valid employment authorization from the federal Department of Homeland Security from participating in a law enforcement preparatory training program.
Project employees of DOJ offices under ARPA
The bill provides that individuals who are in project positions that were funded by the American Rescue Plan Act of 2021 and who are employed by DOJ may be appointed to equivalent permanent positions at DOJ without going through the civil service hiring process as new hires.
Appropriation for restitution moneys
The bill makes a technical change to DOJ’s restitution appropriation to provide that it also includes all moneys received by DOJ under any other unspecified court order or settlement agreement for the purpose of providing restitution to victims.
Project attorney reporting requirement
2017 Wisconsin Act 261 created two field prosecutor attorney project positions to assist DOJ’s Division of Criminal Investigation and provided that those positions would terminate five years after the effective date of the act. The act also created a requirement that DOJ submit an annual report to JCF describing the activities and effectiveness of those field prosecutor attorneys. Those positions have expired. The bill eliminates the reporting requirement relating to those expired field prosecutor attorney project positions.
Law enforcement officer training reimbursement
The bill makes a technical change relating to the appropriations from which reimbursements for law enforcement officer training are paid.
Relator appropriation
The bill creates a continuing appropriation to hold all moneys received by DOJ that is owed to a relator, to provide payments to relators. A relator is a type of party in a legal action in whose name an action is brought by a state.
Gifts and grants and disposition of settlement funds
The bill repeals certain changes made by 2017 Wisconsin Act 369 relating to gifts and grants and certain proceeds received by DOJ, specifically reversing provisions that changed a DOJ gifts and grants appropriation and a DOJ gifts, grants, and proceeds appropriation from continuing appropriations to annual appropriations. The bill also repeals the requirement that the attorney general must deposit all settlement funds into the general fund. The bill restores procedures relating to discretionary settlement funds under which the attorney general could expend certain settlement funds not committed under the terms of a settlement after submitting a plan to JCF for passive review only if either 1) the cochairpersons of JCF do not schedule a meeting or 2) a meeting is scheduled and JCF approves a plan for expenditure.
LOCAL GOVERNMENT
General local government
Local landlord-tenant ordinances
Current law prohibits political subdivisions from enacting certain ordinances relating to landlords and tenants. Political subdivisions 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 to tenants or to the political subdivision 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 political subdivisions 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 political subdivisions from imposing a moratorium on landlords from pursuing eviction 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 political subdivisions 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 political subdivision are not subject to deduction from the political subdivision’s tax levy.
Local government civil service system and grievance procedure requirements
The bill modifies the requirements for any grievance system established by local governmental units, including adding a requirement for any civil service system or grievance procedure to include a just cause standard of review for employee terminations. Under current law, a local governmental unit that did not have a civil service system before June 29, 2011, must have established a grievance system. In order to comply with the requirement to have established a grievance system, a local governmental unit may establish either 1) a civil service system under any provision authorized by law, to the greatest extent practicable, if no specific provision for creation of a civil service system applies to the governmental unit or 2) a grievance procedure as set forth in the statutes. Current law requires that any civil service system established or grievance procedure created must contain a grievance procedure that addresses employee terminations, employee discipline, and workplace safety. The bill does not eliminate the requirement for these provisions but instead adds a requirement for a provision relating to a just cause standard of review for employee terminations, including a refusal to renew a teaching contract.
Current law also requires that if a local governmental unit creates a grievance procedure, the procedure must contain certain elements, including a written document specifying the process that a grievant and an employer must follow; a hearing before an impartial hearing officer; and an appeal process in which the highest level of appeal is the governing body of the local governmental unit. The bill provides that the hearing officer must be from the Wisconsin Employment Relations Commission and adds the following two additional required elements in the grievance procedure: 1) a provision indicating the grievant is entitled to representation throughout the grievance process and 2) a provision indicating that the employer must bear all fees and costs related to the grievance process, except the grievant’s representational fees and costs.
Local employment regulations
The bill eliminates the preemptions of local governments from enacting or enforcing ordinances related to the following:
1. Regulations related to wage claims and collections.
2. Regulation of employee hours and overtime, including scheduling of employee work hours or shifts.
3. The employment benefits an employer may be required to provide to its employees.
4. An employer’s right to solicit information regarding the salary history of prospective employees.
5. Regulations related to minimum wage.
6. Occupational licensing requirements that are more stringent than a state requirement.
Certain state and local employment regulations
The bill eliminates the following:
1. The prohibition of the state and local governments from requiring any person to waive the person’s rights under state or federal labor laws as a condition of any approval by the state or local government.
2. A provision under which neither the state nor a local government may enact a statute or ordinance, adopt a policy or regulation, or impose a contract, zoning, permitting, or licensing requirement, or any other condition, that would require any person to accept any provision that is a subject of collective bargaining under state labor laws or the federal National Labor Relations Act.
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, 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 eliminates these limitations related to labor organizations.
Exception to local law enforcement officer citizenship requirement
Under current law, no person may be appointed as a deputy sheriff of any county or police officer of any city, village, or town unless that person is a citizen of the United States. The bill allows the sheriff of a county or the appointing authority of a local law enforcement agency to elect to authorize the appointment of noncitizens who are in receipt of valid employment authorization from the federal Department of Homeland Security as deputy sheriffs or police officers. The bill also prevents the Law Enforcement Standards Board from preventing such a noncitizen from participating in a law enforcement preparatory training program.
Register of deeds recording fees; land information program
The bill increases the general recording and filing fees charged by county registers of deeds, increases the amount of the fees that counties must submit to DOA for the land information program, and increases the minimum grant amount DOA may award to counties for education and training grants under the program.
Under current law, DOA directs and supervises the land information program and serves as a state clearinghouse for access to land information. Under the land information program, DOA provides technical assistance to state agencies and local governmental units with land information responsibilities, reviews and approves county plans for land records modernization, and provides aids to counties, derived from recording fee revenues collected by counties, for land records modernization projects.
Under current law, counties collect fees for recording or filing instruments that are recorded or filed with a register of deeds. Currently, the general fee for recording or filing an instrument is $30. Currently, a county must submit $15 of each $30 recording fee to DOA for the land information program, but the county may retain $8 of the amount it would have been required to submit to DOA if the county meets certain requirements, including establishing a land information office and council and using the retained fees to develop, implement, and maintain a DOA-approved countywide plan for land records modernization on the Internet.
The bill increases from $30 to $45 the general recording and filing fee. The bill also increases from $15 to $30 the amount of each fee that a county must submit to DOA and increases from $8 to $15 the amount the county may retain if the current law requirements are met.
Under current law, DOA awards land information system base budget grants to counties to enable county land information offices to develop, maintain, and operate basic land information systems. Currently, the minimum amount of a grant is $100,000 less the amount of certain fees retained by the county in the preceding fiscal year. The bill increases that base amount to $140,000 less the retained fees.
Under current law, DOA may award a grant under the land information program to any county in an amount not less than $1,000 per year to be used for the training and education of county employees for the design, development, and implementation of a land information system. The bill increases from $1,000 to $5,0000 the minimum training and education grant amount.
Municipal records filings and filing requirements for certain annexations
The bill transfers the duty of filing certain municipal records from the secretary of state to the secretary of administration and transfers certain records held by the secretary of state to instead be held by DOA. 2015 Wisconsin Act 55 transferred some, but not all, municipal records filing duties from the secretary of state to DOA. The bill completes the transfer of these duties from the secretary of state to DOA for all municipal filing categories. The bill also replaces the term “plat” with the term “scale map” in certain filing statutes to conform with existing statutory requirements for certain filings, including petitions for incorporation and for annexation. The bill reduces the number of copies that must be provided to DOA in certain circumstances from multiple copies to just one copy. The bill also requires that certain boundary agreements between municipalities be filed and recorded with the register of deeds if an enacting ordinance is not anticipated to be enacted within 30 days.
Local advisory referenda
Under current law, a county may not conduct a countywide advisory referendum unless it regards a political subdivision revenue sharing agreement or capital expenditures proposed to be funded by the county property tax levy. In addition, current law prohibits a municipality from conducting an advisory referendum unless it regards tax incremental financing, a local government telecommunications utility, or capital expenditures proposed to be funded by the municipality’s property tax levy.
The bill eliminates these restrictions and specifically authorizes a county to conduct referenda for advisory purposes.
Provision and funding of emergency medical services by towns
