This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
Benefits for domestic partners
The bill provides that domestic partners of public employees be treated similarly to spouses of public employees for purposes of benefits received through ETF. These benefits include group health insurance coverage, beneficiary rights under the Wisconsin Retirement System (WRS), automatic beneficiary rights under the deferred compensation plan, and duty disability survivorship benefits.
WRS annuitants returning to work
Under current law, if a WRS annuitant, or a disability annuitant who has attained his or her normal retirement date, is appointed to a position with a WRS-participating employer or provides employee services to a WRS-participating employer in which he or she is expected to work at least two-thirds of what is considered full-time employment by ETF, the annuity must be suspended and no annuity payment is payable until after the participant again terminates covered employment.
The bill removes the requirement that an annuitant who returns to work for a participating employer have his or her annuity suspended and become a participating employee and instead allows an annuitant who returns to work to either 1) elect to suspend his or her annuity and become a participating employee or 2) elect to continue receiving his or her annuity and not become a participating employee.
Under current law, a WRS participant who has applied to receive a retirement annuity must wait at least 75 days between terminating covered employment with a WRS employer and returning to covered employment again as a participating employee. The bill reduces that period to 30 days.
Waiting period for state employees
Under current law, most state employees, other than limited-term employees, become covered under the state group health insurance plan on the first day of the first month after becoming employed with the state by filing an election within 30 days of being hired. However, most state employees are ineligible for an employer contribution toward the premiums for the first three months of employment. The bill changes the date to the first day of the second month for most state employees, other than limited-term employees, hired after the effective date of the bill.
Internal auditor
The bill creates the Office of Internal Audit attached to ETF. Under the bill, the office plans and conducts audits of activities and programs administered by ETF, among other responsibilities, while following policies, principles, and directives established by the Employee Trust Funds Board (ETFB).
The bill requires ETFB to appoint an internal auditor and internal audit staff within the classified service who report directly to ETFB. Currently, the internal auditor for ETF reports to the secretary of ETF, and internal audit staff report to the internal auditor.
Automated operating system progress report
The bill requires the secretary of ETF to submit with ETFs biennial budget request a report that includes details of ETFs expenditures to implement an automated operating system and a progress report and timelines of ETFs anticipated progress on modernizing its business processes and integrating its information technology systems.
SAFETY AND PROFESSIONAL SERVICES
Advanced practice registered nurses
Licensure of advanced practice registered nurses
Under current law, a person who wishes to practice professional nursing must be licensed by the Board of Nursing as a registered nurse (RN). The bill creates an additional system of licensure for advanced practice registered nurses (APRNs), to be administered by the board. Under the bill, in order to apply for an APRN license, a person must 1) hold, or concurrently apply for, an RN license; 2) have completed an accredited graduate-level or postgraduate-level education program preparing the person to practice as an APRN in one of four recognized roles and hold a current national certification approved by the board; 3) possess malpractice liability insurance as provided in the bill; 4) pay a fee determined by DSPS; and 5) satisfy certain other criteria specified in the bill. The bill also allows a person who has not completed an accredited education program described above to receive an APRN license if the person 1) on January 1, 2026, is both licensed as an RN in Wisconsin and practicing in one of the four recognized roles and 2) satisfies additional practice or education criteria established by the board. The bill also, however, automatically grants licenses to certain RNs, as further described below. The four recognized roles, as defined in the bill, are 1) certified nurse-midwife; 2) certified registered nurse anesthetist; 3) clinical nurse specialist; and 4) nurse practitioner. The bill requires the board, upon granting a person an APRN license, to also grant the person one or more specialty designations corresponding to the recognized role or roles for which the person qualifies.
Under the bill, all APRNs, except APRNs with a certified nurse-midwife specialty designation, must practice in collaboration with a physician or dentist. However, under the bill, an APRN may practice without being supervised by a physician or dentist if the board verifies that the APRN has completed 3,840 hours of professional nursing in a clinical setting and has completed 3,840 clinical hours of advanced practice registered nursing practice in his or her recognized role while working with a physician or dentist during those 3,840 hours of practice. APRNs may count additional hours practiced as an APRN in collaboration with a physician or dentist towards the 3,840 required hours of professional nursing. APRNs with a certified nurse-midwife specialty designation are instead required, if they offer to deliver babies outside of a hospital setting, to file and keep current with the board a proactive plan for involving a hospital or a physician who has admitting privileges at a hospital in the treatment of patients with higher acuity or emergency care needs, as further described below. Regardless of whether an APRN has qualified to practice independently, the bill provides that an APRN may provide chronic pain management services only while working in a collaborative relationship with a physician who, through education, training, and experience, specializes in pain management. Alternatively, if an APRN has qualified to practice independently and currently has privileges in a hospital, the APRN may provide chronic pain management services without a collaborative relationship with a physician.
The holder of an APRN license may append the title A.P.R.N. to his or her name, as well as a title corresponding to whichever specialty designations that the person possesses. The bill prohibits any person from using the title A.P.R.N., and from otherwise indicating that he or she is an APRN, unless the person is licensed by the board as an APRN. The bill also prohibits the use of titles and abbreviations corresponding to a recognized role unless the person has a specialty designation for that role.
The bill allows an APRN to delegate a task or order to another clinically trained health care worker if the task or order is within the scope of the APRNs practice, the APRN is competent to perform the task or issue the order, and the APRN has reasonable evidence that the health care worker is minimally competent to perform the task or issue the order under the circumstances. The bill requires an APRN to adhere to professional standards when managing situations that are beyond the APRNs expertise.
Under the bill, when an APRN renews his or her APRN license, the board must grant the person the renewal of both the persons RN license and the persons APRN license. The bill requires all APRNs to complete continuing education requirements each biennium in clinical pharmacology or therapeutics relevant to the APRNs area of practice and to satisfy certain other requirements when renewing a license.
Practice of nurse-midwifery
The bill eliminates licensure and practice requirements specific to nurse-midwives and the practice of nurse-midwifery, including specific requirements to practice with an obstetrician. Under the bill, certified nurse-midwife is one of the four recognized roles for APRNs, and a person who is licensed as a nurse-midwife under current law is automatically granted an APRN license with a certified nurse-midwife specialty designation. The bill otherwise allows nurse-midwives to be licensed as APRNs if they satisfy the licensure requirements, except that the bill also requires that a person applying for a certified nurse-midwife specialty designation be certified by the American Midwifery Certification Board. The bill also requires an APRN with a specialty designation as a certified nurse-midwife to file with the Board of Nursing, and obtain the boards approval of, a plan for ensuring appropriate care or care transitions in treating certain patients if the APRN offers to deliver babies outside of a hospital setting.
Prescribing authority
Under current law, a person licensed as an RN may apply to the Board of Nursing for a certificate to issue prescription orders if the person meets certain requirements established by the board. An RN holding a certificate is subject to various practice requirements and limitations established by the board and must possess malpractice liability insurance in an amount determined by the board.
The bill eliminates certificates to issue prescription orders and generally authorizes APRNs to issue prescription orders. A person who is certified to issue prescription orders under current law is automatically granted an APRN license with his or her appropriate specialty designation. RNs who are practicing in a recognized role on January 1, 2026, but who do not hold a certificate to issue prescription orders on that date and who are granted an APRN license under the bill may not issue prescription orders. As under current law, an APRN issuing prescription orders is subject to various practice requirements and limitations established by the board.
The bill eliminates a provision concerning the ability of advanced practice nurses who are certified to issue prescription orders and who are required to work in collaboration with or under the supervision of a physician to obtain and practice under a federal waiver to dispense narcotic drugs to individuals for addiction treatment.
Malpractice liability insurance
The bill requires all APRNs to maintain malpractice liability insurance in coverage amounts specified under current law for physicians and nurse anesthetists except for an APRN whose employer has in effect malpractice liability insurance that provides at least the same amount of coverage for the APRN. Additionally, the bill requires APRNs who have qualified to practice independently and who practice outside a collaborative or employment relationship to participate in the injured patients and families compensation fund. The injured patients and families compensation fund provides excess medical malpractice coverage for health care providers who participate in the fund and meet all other participation requirements, which includes maintaining malpractice liability insurance in coverage amounts specified under current law.
Other changes
The bill directs DHS to require a hospital that provides emergency services to have sufficient qualified personnel available at all times to manage the number and severity of emergency department cases anticipated by the location. At a minimum, the bill directs DHS to require a hospital that provides emergency services to have on-site at least one physician who, through education, training, and experience, specializes in emergency medicine.
The bill makes numerous other changes throughout the statutes relating to APRNs, including various terminology changes.
Buildings and safety
Private on-site wastewater treatment system grants
The bill extends the grant program aiding certain persons and businesses served by failing private on-site wastewater treatment systems (POWTS), which are commonly known as septic tanks. Under current law, the program is repealed effective June 2025. In addition, under the bill, a failing POWTS installed at least 33 years before the submission of a grant application is eligible to receive a grant. Current law authorizes grants only for failing POWTS that were installed before July 1, 1978.
Offsetting costs of trade exams administered by third parties
The bill creates an appropriation for DSPS to reduce the cost of examinations required to obtain an occupational license in the building trades that are administered by a third party.
Combining operations and administrative services appropriations
The bill combines two program revenue appropriations for operations and administrative services related to DSPSs regulation of industry, buildings, and safety into a single appropriation.
Professional licensure
DSPS renewal dates; continuing education; nursing workforce survey
Under current law, a two-year renewal period applies to many health and business credentials administered by DSPS or a credentialing board. The renewal date for each two-year period is specified by statute. In addition, the laws governing some professions specify continuing education requirements, either by statute or by rule, as part of credentialing renewal.
The bill eliminates statutory renewal dates for these credentials and instead allows DSPS, in consultation with the credentialing boards, to establish renewal dates. The bill makes various changes to continuing education requirements for various professions to account for the flexible renewal periods allowed in the bill, including allowing DSPS and the credentialing boards to adjust continuing education requirements and to establish interim continuing education or other reporting requirements as needed to align with changes to renewal cycles.
Nursing refresher course tuition reimbursement program
The bill requires DSPS to establish and implement a program to reimburse individuals for the cost of completing a nursing refresher course offered at a technical college. The reimbursement is available to individuals who are licensed as a registered nurse or licensed practical nurse, are under 60 years of age, and have not actively practiced nursing in the prior five-year period. The bill requires DSPS to allocate at least $150,000 in each fiscal year for reimbursements under the program.
Professional licenses for certain noncitizens
Currently, federal law prohibits all but certain noncitizens from receiving any state or local public benefit, which is defined to include any professional license, or commercial license provided by an agency of a state or local government. However, federal law allows states to explicitly allow eligibility for certain public benefits. The bill allows certain individuals who are not U.S. citizens to receive any professional license issued in this state if they meet all other requirements or qualifications for the professional license. For purposes of the bill, professional license means a license, registration, certification, or other approval to perform specific work tasks, whether issued by the state or a local governmental entity.
Statewide clinician wellness program
The bill allows DSPS to provide a statewide clinician wellness program to provide support to health care workers in this state in maintaining their physical and mental health and ensuring long-term vitality and effectiveness for their patients and their profession.
Reviews of criminal records
The bill requires DSPS, when conducting an investigation of the arrest or conviction record of a credential applicant, to obtain and review information to determine the circumstances of each case or offense, except that the bill allows DSPS, in its discretion, to complete its investigation of an arrest or conviction record without reviewing the circumstances of certain types of offenses specified in the bill. These offenses include certain first offense operating while intoxicated and related violations; certain underage alcohol violations; and minor, nonviolent ordinance violations, as determined by DSPS.
Rules; license portability
The bill provides that DSPS or a credentialing board in DSPS may promulgate rules to achieve enhanced license portability to help facilitate streamlined pathways to licensure for internationally trained professionals and increased reciprocity.
Combining general operations appropriations
The bill combines five program revenue appropriations related to the licensing, rule-making, and regulatory functions of DSPS into a single appropriation.
SHARED REVENUE
County and municipal property tax freeze incentive payments
The bill provides property tax freeze incentive payments to counties and municipalities that do not increase their property tax levies. Under the bill, if a countys or municipalitys property tax levy is less than or equal to its property tax levy in the immediately preceding year, it will receive a payment equal to the sum of the following amounts: 1) its property tax levy multiplied by 0.03, and 2) if it received a property tax freeze incentive payment in the immediately preceding year, the amount of that payment multiplied by 1.03. For purposes of eligibility for the payments, expenditures made related to annexation and service consolidation and unreimbursed emergency expenditures do not count as part of a countys or municipalitys property tax levy.
Payments to counties and municipalities for nontaxable tribal land
The bill provides payments to counties and municipalities to compensate for not being able to impose local general property taxes on real property exempt from taxation under the 1854 Treaty of La Pointe.
Automatically increasing the municipal services payments account
The bill increases the amounts transferred to the local government fund for payments for municipal services. Under the bill, each fiscal year those amounts increase by the percentage change in the estimated amount of revenues received from the state sales and use tax for the previous fiscal year from the immediately preceding fiscal year. Current law provides state aid payments to municipalities that provide municipal services to state facilities.
Energy and liquefied natural gas storage facilities
The bill provides utility aid payments to counties and municipalities where energy storage facilities are located. Under the bill, DOA distributes to each city and village in which an energy storage facility is located two-thirds of the amount calculated by multiplying the facilitys megawatt capacity by $2,000, and the county in which such a facility is located is distributed one-third of the amount calculated by multiplying the facilitys megawatt capacity by $2,000. DOA distributes to each town in which an energy storage facility is located one-third of the amount calculated by multiplying the facilitys megawatt capacity by $2,000, and the county in which such a facility is located is distributed two-thirds of the amount calculated by multiplying the facilitys megawatt capacity by $2,000.
The bill defines an energy storage facility as property that receives electrical energy, stores the energy in a different form, and converts that other form of energy back to electrical energy for sale or to use to provide reliability or economic benefits to the electrical grid. The bill also defines an energy storage facility as property that is owned by a light, heat, and power company, electric cooperative, or municipal electric company and includes hydroelectric pumped storage, compressed air energy storage, regenerative fuel cells, batteries, and similar technologies.
The bill also provides utility aid payments to counties and municipalities where liquefied natural gas storage facilities (LNG storage facilities) are located. The payment received by a city or village where an LNG storage facility is located is determined by multiplying the net book value of the LNG storage facility by six mills and by three mills in the case of a town. The payment received by a county where an LNG storage facility is located is determined by multiplying the net book value of the LNG storage facility by three mills if the facility is located in a city or village and by six mills if the facility is located in a town.
Aid to taxing jurisdictions for pipelines assessed by the state
Beginning in 2027, the bill requires the state to pay each taxing jurisdiction an amount equal to the property taxes levied on the pipeline property of a pipeline company for the property tax assessments as of January 1, 2024. Generally under current law, the property of a pipeline company is subject to the public utilities tax, and property that is subject to the public utilities tax is exempt from local property taxation.
Aid to Green Bay for NFL draft public safety costs
The bill provides the city of Green Bay with an additional $1,000,000 in county and municipal aid for reimbursement of public safety costs associated with the NFL draft in April 2025.
Expenditure restraint incentive program
Under current law, generally, a municipality is eligible to receive an expenditure restraint incentive payment if its property tax levy is greater than five mills and if the annual increase in its municipal budget is less than the sum of factors based on inflation and the increased value of property in the municipality as a result of new construction. Under the bill, the inflation factor used to determine eligibility is equal to the percentage change in the consumer price index or 3 percent, whichever is greater. The bill also excludes the following from being considered in determining eligibility for an expenditure restraint incentive program payment: 1) the amount by which a municipalitys base and supplemental county and municipal aid received in the applicable year exceeds the amount of base and supplemental county and municipal aid received by the municipality in 2024; 2) all grants received from the federal government; 3) revenues from a municipal vehicle registration fee that is approved by a majority of electors voting at a referendum; 4) the amount by which a municipalitys payments received for municipal services provided to facilities owned by the state exceeds the amount of those payments received in 2024; and 5) the $1,000,000 additional county and municipal aid payment to the city of Green Bay provided by the bill to reimburse public safety costs associated with the NFL draft in April 2025.
Local government fund transfer to offset certain sales tax exemptions
The bill increases the amount of the transfer from the general fund to the local government fund in fiscal year 2026-27 to compensate for the loss of sales and use tax revenues from the bills sales tax exemptions for over-the-counter prescription drugs and electricity and natural gas sold from May to October. Under current law, the annual increase in the amount of the county and municipal aid payments and the supplemental county and municipal aid payments is determined by the percentage change in the revenues received from the sales and use tax.
Timing of transfers to the local government fund
The bill increases the annual July transfer from the general fund to the local government fund to cover the full amount of expenditure restraint incentive program payments, computer aid payments, and video service provider fee aid payments that are paid to taxing jurisdictions from the local government fund by the 4th Monday in July.
Moving the date of computer aid payments
Beginning in 2026, the bill requires DOA to make computer aid payments to taxing jurisdictions by the first Monday in May. Under current law, computers and certain computer-related equipment are exempt from local personal property taxes, and DOA makes computer aid payments to taxing jurisdictions to compensate them for the corresponding loss of property tax revenue. Current law requires DOA to make computer aid payments by the fourth Monday in July.
STATE GOVERNMENT
General state government
Grants for local projects
Current law requires the Building Commission to establish and operate a grant program to assist nonstate organizations to carry out construction projects having a statewide public purpose. Before approving each grant, the Building Commission must determine that the organization carrying out the project has secured additional funding for the project from nonstate revenue sources in an amount that is equal to at least 50 percent of the total cost of the project.
The bill transfers the grant program to DOA. However, the Building Commission retains its role in approving each grant, making the statewide public purpose determination, and making the determination concerning the amount of nonstate funds the prospective grantee has raised for a project.
The bill further authorizes additional grants under the program to cities, villages, towns, counties, and tribal governments for construction projects having a statewide public purpose if the grant is approved by the Building Commission. Under the bill, these grants are funded from the interest earnings of the local government segregated fund.
Finally, the bill specifically authorizes the following grants under the program, which are subject to Building Commission approval and the other requirements and limitations under the program:
1. A grant of up to $4,000,000 to assist the New Community Shelter, Inc., in the construction of a permanent supportive housing facility in Brown County.
2. A grant of up to $6,000,000 to assist the YMCA of Metropolitan Milwaukee, Inc., and Community Smiles Dental in carrying out renovation of the historic Wisconsin Avenue School in the city of Milwaukee for use as a health and wellness center.
3. A grant of up to $15,000,000 to assist the Second Harvest Foodbank of Southern Wisconsin, Inc., in constructing a new facility to expand food processing, storage, and distribution.
4. A grant of up to $860,000 to assist the Colfax Railroad Museum, Inc., in constructing and renovating museum facilities in the village of Colfax to protect and display historical railroad artifacts.
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