COMMERCE AND ECONOMIC DEVELOPMENT
Business organizations and financial institutions
Catastrophe savings accounts
Under the bill, a person may establish an account at a financial institution and designate the account as a catastrophe savings account. The account may be used to hold savings for expenses related to a catastrophic event, which is defined as a tornado, hurricane, or severe storm resulting in flooding, damaging hail, extreme wind, or extremely cold temperatures. If the account owner maintains a property insurance policy covering catastrophic events, deposits in the account are limited, based on the amount of the policy deductible, to either $2,000 or the lesser of $15,000 or twice the amount of the policy deductible. Deposits in a catastrophe savings account may be withdrawn only to pay the following relating to property damage caused by a catastrophic event: 1) repair costs or other losses to the extent the costs or losses are not covered by a property insurance policy or are self-insured losses, and 2) any portion of a policy’s deductible. A person may not be an account owner of more than one catastrophe savings account. For state income tax purposes, the owner may subtract from taxable income the amount of the deposits made to and any increase in the value of a catastrophe savings account.
DFI information on worker misclassification
The bill requires DFI to provide informational materials and resources on worker misclassification to each person who files with DFI documents forming a business corporation, nonstock corporation, limited liability company, limited liability partnership, or limited partnership. See Employment.
Commerce
Prohibiting discrimination in broadband
The bill prohibits a broadband service provider from denying a group of potential residential customers access to its broadband service because of the group’s race or income. Under the bill, DATCP has authority to enforce the prohibition and to promulgate related rules. The bill also authorizes any person affected by a broadband service provider who violates the prohibition to bring a private action.
Broadband subscriber rights
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 disclose the factors that may cause the actual broadband speed experience of a subscriber to vary, and 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, at least seven days’ advance written notice of any scheduled routine maintenance that causes a service slowdown, interruption, or outage, at least 10 days’ advance written notice of a change in a factor that may cause the originally disclosed broadband speed experience to vary, and at least 10 days’ advance written notice of disconnecting service, unless the disconnection is requested by the subscriber.
Internet service provider registration
The bill requires each Internet service provider in this state to register with PSC.
Severe thunderstorm price gouging
Under current law, no manufacturer, producer, supplier, wholesaler, distributor, or retailer may sell or offer to sell consumer goods or services at unreasonably excessive prices if the governor by executive order has certified that the state or a part of the state is in a period of abnormal economic disruption due to an emergency. An “emergency” in this context includes a destructive act of nature, a hostile action, terrorism, or a disruption of energy supplies that poses a risk to the public’s economic well-being, public health, or welfare. A “consumer good or service” under the law means those goods or services that are used primarily for personal, family, or household purposes.
The bill prohibits residential building contractors, tree trimmers, and restoration and mitigation services providers that are operating within a geographic region impacted by, and repairing damage caused by, a severe thunderstorm from doing either of the following: 1) charging an unreasonably excessive price for labor in comparison to the market price charged for comparable services in the geographic region impacted by the weather event and 2) charging an insurance company a rate for a consumer good or service that exceeds what the residential building contractor, tree trimmer, or restoration and mitigation services provider would otherwise charge a member of the general public for the consumer good or service. “Severe thunderstorm” is defined in the bill to mean a weather event in which any of the following occurs: 1) hail that is one inch or greater in diameter, 2) wind gusts in excess of 50 knots, or 3) a tornado.
The bill requires DATCP to promulgate rules to establish formulas or other standards to be used in determining whether a price for labor is unreasonably excessive. Under the bill, DATCP or, after consulting with DATCP, DOJ may commence an action against a person that has violated the prohibition in the bill to recover a civil forfeiture of not more than $1,000 per violation, to temporarily or permanently restrain or enjoin the person from violating the prohibition in the bill, or both.
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.
Economic development
Changes to the state main street program
Under current law, WEDC is required to establish and administer a state main street program to coordinate state and local participation in programs offered by the national main street center to assist municipalities in planning, managing, and implementing programs for revitalization of commercial areas having historic significance.
Under current law, a recipient of assistance under the state main street program must be a city, village, or town. Under the bill, eligible recipients include tribal governments, chambers of commerce, and nonprofit organizations.
The bill eliminates the requirements that WEDC contract with the national main street center for services related to revitalizing commercial areas having historic significance and develop a plan describing the objectives of the state main street program and the methods by which WEDC will carry out certain responsibilities specified by law.
The bill also eliminates the requirements that, in developing criteria for use in selecting participants in the state main street program, WEDC include the following:
1. Local organizational and financial commitment to employ a program manager for not less than five years.
2. Local assistance in paying for the services of a design consultant.
3. Local commitment to assist in training persons to direct activities related to business areas in municipalities that do not participate in the state main street program.
Under the bill, in selecting participants in the state main street program, WEDC must evaluate and consider the potential in the business area selected by the applicant to retain small businesses, attract new businesses, generate new economic activity and grow the local tax base, and create new employment opportunities. The bill also retains the current law requirement that WEDC consider private and public sector interest in and commitment to revitalization of the business area selected by the applicant and potential private sector investment in the business area selected by the applicant.
Finally, the bill changes the definition of “business area” for the purposes of the state main street program from “a commercial area existing at the time services under the state main street program are requested and having historic significance” to “a downtown area or historic commercial district.”
Workforce housing modifications to the business development tax credit
The bill makes adjustments to the workforce housing investments award under the business development tax credit. Under current law, a person may claim tax benefits of an amount equal to up to 15 percent of the person’s investment, comprised only of capital expenditures, in workforce housing for employees. Under the bill, the investment in workforce housing for which a person may receive tax benefits may include contributions made to a third party for the building or rehabilitating of workforce housing, including contributions made to a local revolving loan fund program. The bill also removes the requirement that the workforce housing for which a person may receive tax benefits for investing in be for employees.
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, 2025. 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 $34,220 for the business development tax credit and to $34,220 in a tier I county or municipality and $45,390 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 $34,220 and $45,390, 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, 2025. 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 $151,300, 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 the purposes of the business development and enterprise zone jobs tax credits 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.
Adjustment to WEDC appropriation
The bill adjusts the calculation used to determine the amount of WEDC’s GPR appropriation. The bill does not raise the expenditure cap on that appropriation, which is $16,512,500 per fiscal year.
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.
Main street bounceback grants
The bill increases by $50,000,000 the amount WEDC may expend from its GPR appropriation for general operations and economic development programs in fiscal year 2025-26 for the purpose of awarding grants of $10,000 each to small businesses and nonprofit organizations that open a new location or expand operations in a vacant commercial space. A recipient of a grant under the bill may use grant moneys for commercial lease and mortgage payments, business operating expenses, and commercial building repair and tenant improvements.
Advanced manufacturing grants
The bill increases by $5,000,000 the amount WEDC may expend from its GPR appropriation for general operations and economic development programs in fiscal year 2025-26 for the purpose of establishing a program to award matching grants to small and midsized manufacturing companies located in this state to invest in advanced manufacturing technologies. No one company may receive more than $200,000 in grants under the bill, and no one grant under the bill may be for more than one-third of the amount invested in advanced manufacturing technologies by the company. To receive a grant under the bill, a company must commit to not reduce its employment below the level when the grant is awarded. If a company that receives a grant under the bill fails to meet this commitment within 10 years after receiving the grant, the company must repay the grant amount to WEDC. WEDC may provide an exemption to the repayment requirement if it finds that the company has undergone a unique hardship.
Funding for the green innovation fund
The bill increases by $50,000,000 the amount WEDC may expend from its GPR appropriation for general operations and economic development programs in fiscal year 2025-26 for the purpose of supporting the green innovation fund.
Funding for the Forward Agriculture program
The bill increases by $15,000,000 the amount WEDC may expend from its GPR appropriation for general operations and economic development programs in fiscal year 2025-26 for the purpose of providing state matching funds related to federal funding in conjunction with WiSys’s Forward Agriculture program to promote sustainable agriculture.
Accelerate Wisconsin
The bill increases by $10,000,000 the amount WEDC may expend from its GPR appropriation for general operations and economic development programs in fiscal year 2025-26 for the purpose of supporting a business accelerator program to be administered in cooperation with the UW System and aimed at developing research, including research from the UW System, into new startup businesses. As part of the program, WEDC may award grants directly to businesses to assist in their growth and development and may award grants to or in support of business incubators.
Tribal enterprise accelerator program
The bill increases by $5,000,000 the amount WEDC may expend from its GPR appropriation for general operations and economic development programs in fiscal year 2025–26 for the purpose of creating a tribal enterprise accelerator program to offer statewide technical assistance and grants for community development investment and capacity building to American Indian tribes or bands in this state to diversify their revenue strategies in industries other than the gaming and entertainment industries.
Thrive Rural Wisconsin funding accessibility
The bill increases by $5,000,000 the amount WEDC may expend from its GPR appropriation for general operations and economic development programs in fiscal year 2025–26 for the purpose of supporting WEDC’s Thrive Rural Wisconsin program. Under the bill, WEDC must provide funding to its established regional and tribal partners to develop and fund projects in nonmetropolitan municipalities with populations of less than 10,000 to provide for increased availability and accessibility of local project capital.
Financing projects for qualifying tax-exempt organizations
Under current law, WHEFA may issue bonds to finance certain projects of health, educational, research, and other nonprofit institutions. The bill requires that those health, educational, research, and other nonprofit institutions be located in this state, headquartered in this state, or serving a population in this state.
Financing working capital costs of certain nonprofit institutions
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, moratoria on evictions, and rental property inspection requirements
The bill also makes changes to local landlord-tenant ordinances, local moratoria on evictions, and local rental property inspection requirements. See Local Government.
Tourism
Tourism marketing funding from Indian gaming receipts
Current law requires DOA to transfer portions of Indian gaming receipts to the Department of Tourism for certain tourism marketing expenses. The bill eliminates that requirement. The bill leaves in place an appropriation funding the same purposes from GPR and from the transportation fund.
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. As a condition of receiving the grant, the Great Lakes Inter-Tribal Council must include information on the tourism promotion program in its annual report to DOA. 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.
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
Under current law, an eligible inmate may earn early release to parole or extended supervision by successfully completing a substance abuse 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.
Under current law, DOC operates a mother-young child care program in which females in DOC custody who are pregnant or have a child that is less than one year old may be placed in less restrictive custodial placements and participate in services aimed at creating a stable relationship between the mother and her child and preparing the mother to be able to live in a safe, lawful, and stable manner in the community.
The bill expands the earned release program to include two new options: 1) successful completion of the mother-young child care program, or 2) successful completion of a vocational readiness program, which includes educational, vocational, treatment, or other qualifying evidence-based training programs to reduce recidivism. The bill also provides that DOC, not the sentencing court, determines eligibility for earned release for all inmates.
Creating the Office of the Ombudsperson for Corrections
The bill creates the Office of the Ombudsperson for Corrections, attached to DOC. The office is under the direction of an ombudsperson, who is appointed by the governor, is approved by a three-quarters vote of the senate, and may be removed only by the governor, for just cause. Under the bill, the ombudsperson accepts complaints regarding facilities and abuse, unfair acts, and violations of rights of prisoners and juveniles from persons being held in state prisons and juvenile correctional facilities. Under the bill, the ombudsperson has the power to investigate a variety of actions by DOC and make recommendations on the basis of the investigations. If the ombudsperson determines to make a recommendation to a state prison or juvenile correctional facility, the superintendent of the state prison or juvenile correctional facility has 30 days to respond to the recommendations of the ombudsperson.
Also under the bill, the Office of the Ombudsperson for Corrections must annually publish a report of its findings, recommendations, and investigation results and distribute the report to the governor, the chief clerk of each house of the legislature, and the secretary of corrections.
Contracts for temporary housing for or detention of persons placed on probation or sentenced to imprisonment
Under current law, DOC may contract with local units of government for temporary housing or detention in jails or houses of correction for persons placed on probation or sentenced to imprisonment in state prisons or to the intensive sanctions program. Under such a contract, the rate may not exceed $60 per person per day. The bill increases the rate that may be set under such a contract to up to $80 per person per day.
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.
