SB 70 — Relating to: state finances and appropriations, constituting the executive budget act of the 2023 legislature. (FE)

XX20 Higher Educational Aids Board.

XX21 Historical Society.

XX22 Housing and Economic Development Authority.

XX23 Insurance.

XX24 Investment Board.

XX25 Joint Committee on Finance.

XX26 Judicial Commission.

XX27 Justice.

XX28 Legislature.

XX29 Lieutenant Governor.

XX30 Local Government.

XX31 Military Affairs.

XX32 Natural Resources.

XX33 Public Defender Board.

XX34 Public Instruction.

LRB-2035/1 - 2024 Legislature - 3 - ALL:all SENATE BILL 70 XX35 Public Lands, Board of Commissioners of.

XX36 Public Service Commission.

XX37 Revenue.

XX38 Safety and Professional Services.

XX39 Secretary of State.

XX40 State Fair Park Board.

XX41 Supreme Court.

XX42 Technical College System.

XX43 Tourism.

XX44 Transportation.

XX45 Treasurer.

XX46 University of Wisconsin Hospitals and Clinics Authority;

Medical College of Wisconsin.

XX47 University of Wisconsin System.

XX48 Veterans Affairs.

XX49 Wisconsin Economic Development Corporation.

XX50 Workforce Development.

XX51 Other.

For example, for general nonstatutory provisions relating to the State Historical Society, see ECTION 9121.

For any agency not assigned a two-digit identification number or any provision that does not relate to the functions of a particular agency, see number 51 (Other) within each type of provision.

Separate section numbers and headings appear for each type of provision and for each state agency, even if there are no provisions included in that section number and heading.

Following is a list of the most commonly used abbreviations appearing in the analysis:

DATCP .

Department of Agriculture, Trade and Consumer Protection DCF .

Department of Children and Families DFI .

Department of Financial Institutions DHS .

Department of Health Services DMA .

Department of Military Affairs DNR .

Department of Natural Resources DOA .

Department of Administration DOC .

Department of Corrections DOJ .

Department of Justice DOR .

Department of Revenue DOT .

Department of Transportation DPI .

Department of Public Instruction DSPS .

Department of Safety and Professional Services DVA .

Department of Veterans Affairs DWD .

Department of Workforce Development ETF .

Department of Employee Trust Funds GPR .

General purpose revenue HEAB .

Higher Educational Aids Board - 2024 Legislature - 4 - LRB-2035/1 ALL:all SENATE BILL 70 JCF .

Joint Committee on Finance OCI .

Office of the Commissioner of Insurance PSC .

Public Service Commission TCS .

Technical College System UW .

University of Wisconsin WEDC .

Wisconsin Economic Development Corporation WHEDA .

Wisconsin Housing and Economic Development Authority WHEFA .

Wisconsin Health and Educational Facilities Authority __________________________________________________________________ AGRICULTURE Spending cap for the Wisconsin agricultural exports program Under current law, the Center for International Agribusiness Marketing, operated by DATCP, promotes the export of Wisconsin agricultural and agribusiness products in foreign markets.

Current law provides that the center may not expend more than $1,000,000 in any fiscal year.

This bill eliminates the $1,000,000-per-year spending cap for the center.

Meat processing tuition and curriculum development grants The bill requires DATCP to provide grants to universities, colleges, and technical colleges to reimburse tuition costs of students enrolled in a meat processing program and for curriculum development of those meat processing programs.

Each tuition reimbursement covers up to 80 percent of the tuition cost for enrolling in a meat processing program, limited to a maximum reimbursement of $7,500.

Food security and Wisconsin products grant program The bill allows DATCP to provide grants to food banks, food pantries, and other nonprofit organizations to purchase Wisconsin food products.

Farm to fork program The bill creates a farm to fork program, similar to the existing farm to school program, to connect entities, other than school districts, that have cafeterias to nearby farms to provide locally produced foods in meals and snacks, to help the public develop healthy eating habits, to provide nutritional and agricultural education, and to improve farmers' incomes and direct access to markets.

Under the bill, DATCP may provide grants to entities for these purposes.

Value-added agricultural practices The bill allows DATCP to provide education and technical assistance related to producing value-added agricultural products.

Under the bill, DATCP may provide education and assistance related to organic farming practices;

collaborate with organic producers, industry participants, and local organizations that coordinate organic farming;

and stimulate interest and investment in organic production.

The bill also allows DATCP to provide grants to organic producers, industry participants, and local organizations, which may be used to provide education and technical assistance related to organic farming, to help create organic farming plans, and to assist farmers in transitioning to organic farming.

The bill also authorizes DATCP to provide grants to entities to provide education and training to farmers about best LRB-2035/1 - 2024 Legislature - 5 - ALL:all SENATE BILL 70 practices related to grazing.

DATCP is also authorized under the bill to help farmers market value-added agricultural products.

Grants for hiring farm business consultants The bill authorizes DATCP to provide grants to county agriculture agents of the UW–Extension to help farm operators hire business consultants and attorneys to examine their farm business plans and help them create farm succession plans.

Grants for food waste reduction pilot projects The bill requires DATCP to provide grants for food waste reduction pilot projects that have an objective of preventing food waste, redirecting surplus food to hunger relief organizations, and composting food waste.

Under the bill, DATCP must give preference to grant proposals that serve census tracts for which the median household income is below the statewide median household income and in which no grocery store is located.

Tribal elder food security program The bill creates a grant program under which DATCP must provide grants to one or more nonprofit entities for the purpose of purchasing and distributing food to tribal elders and for the purpose of supporting the growth and operations of producers participating in the program.

A nonprofit that receives a grant under the program must give preference to purchasing food from, and supporting the growth and operations of, indigenous-based food producers and local food producers.

The bill requires, annually, $1,500,000 in tribal gaming receipts to be used for grants to purchase food and support distribution operations and $500,000 in tribal gaming receipts to be used for grants to support the growth and operations of producers under the program.

Labeling wild rice as “traditionally harvested" The bill prohibits any person from labeling wild rice as “traditionally harvested” unless the wild rice is harvested using traditional wild rice harvesting methods of American Indian tribes or bands.

The bill requires DATCP to promulgate an administrative rule defining traditional wild rice harvesting methods of American Indian tribes or bands.

Under the bill, DATCP must obtain the advice and recommendations of the Great Lakes Inter-Tribal Council, Inc., before promulgating an administrative rule defining a traditional method of wild rice harvesting.

Farmland preservation implementation grants The bill authorizes DATCP to award grants to counties to implement a certified county farmland preservation plan.

County land conservation staff Under current law, as part of the soil and water resource management program, DATCP provides grants to counties for county conservation staffing.

Current law specifies the activities that county conservation staff may engage in with grants provided under this program.

The bill provides that these grants may also be used to fund county conservation staff who administer or implement long-range planning and erosion control mitigation.

Under current law, grants for county conservation staffing provide full funding for a county's first conservation staff position;

70 percent of the cost of a county's - 2024 Legislature - 6 - LRB-2035/1 ALL:all SENATE BILL 70 second position;

and 50 percent of the cost of a county's third or subsequent position.

The county must provide the remaining funds for these conservation staff positions.

DATCP and DNR jointly prepare an allocation plan each year, setting out the amounts to be paid to each county under the program.

Current law also requires DATCP and DNR to attempt to provide an average of $100,000 to each county for staffing grants.

Under the bill, if any money remains after meeting these goals, DATCP and DNR may provide, in their annual grant allocation plan, grants to counties for fourth and subsequent conservation staff positions, with a requirement for the county to pay an amount towards those positions as determined by DATCP and DNR;

and grants to counties to assist them in meeting their funding requirements for a second or third conservation staff position.

Planning grants for establishing regional biodigesters Under the bill, DATCP must provide planning grants for establishing regional biodigesters in this state.

Biodigesters are used to break down organic material into gas, liquids, and solids.

Biodigester operator certification grants The bill requires DATCP to provide grants to individuals seeking biodigester operator certification.

The bill also allows DATCP to promulgate administrative rules establishing the application process and grant-awarding criteria for the biodigester operator certification grants.

Water stewardship certification The bill creates a grant program under which DATCP may provide grants to reimburse the costs for agricultural producers to apply for a certification of water stewardship from the Alliance for Water Stewardship.

The grants must be made directly to the producer, and may not be used to pay the costs of operational changes needed to achieve certification.

Bonding for soil and water resource management The bill increases the general obligation bonding authority for the soil and water resource management program by $7,000,000.

The program, which is administered by DATCP, awards grants to counties to help fund their land and water conservation activities.

New appropriation for existing and new grant and loan programs The bill combines appropriations for several existing and new DATCP grant and loan programs.

Under the bill, the following programs are all funded from the same GPR appropriation:

the existing meat processing facility grant program, dairy processing plant grant program, dairy producer loan and grant program, and Buy Local grant program;

and the new food security and Wisconsin products grant program, Farm to Fork grant program, value-added agricultural products grant program, and the farm business consultant grant program, all of which are created under the bill.

The bill also allows DATCP to use funds from this GPR appropriation for the Something Special from Wisconsin program, in addition to the program's current funding from program fees.

LRB-2035/1 - 2024 Legislature - 7 - ALL:all SENATE BILL 70 COMMERCE AND ECONOMIC DEVELOPMENT C OMMERCE Prohibiting discrimination in broadband and broadband subscriber rights The bill prohibits a broadband service provider from denying access to a group of potential residential customers because of their race or income.

Under the bill, DATCP has authority to enforce the prohibition and to promulgate related administrative rules.

The bill also authorizes any person affected by a broadband service provider who violates the prohibition to bring a private action.

The bill establishes various requirements for broadband service providers, including the following:

1) broadband service providers must provide service satisfying minimum standards established by PSC, and subscribers may terminate contracts if the broadband service provider fails to satisfy those standards;

2) broadband service providers must provide service as described in advertisements or representations made to subscribers;

3) broadband service providers must repair broadband service within 72 hours after a subscriber reports a broadband service interruption that is not the result of a major system-wide or large area emergency;

4) broadband service providers must give subscribers credit for interruptions of broadband service that last more than four hours in a day;

and 5) broadband service providers must give subscribers at least 30 days' advance written notice before instituting a rate increase.

The bill also requires each Internet service provider in this state to register with PSC.

Eliminating minimum markup requirement for the sale of motor vehicle fuel The bill exempts sales of motor vehicle fuel from the minimum markup requirement under the Unfair Sales Act.

Under current law, the Unfair Sales Act 1) prohibits below-cost sales of any merchandise if the sale is intended to induce the purchase of other merchandise or divert trade unfairly from a competitor;

and 2) requires a “minimum markup” (a specified amount over the cost of the merchandise to the seller) to be added to sales of motor vehicle fuel, tobacco products, fermented malt beverages, liquor, or wine.

The required minimum markup for motor vehicle fuel is 3, 6, or 9.18 percent of the cost of the fuel to the seller, depending on whether the fuel is sold by a retailer or a wholesaler and whether the fuel is sold from a retail station.

The bill exempts sales of motor vehicle fuel from the minimum markup requirement under the Unfair Sales Act.

Changing the minimum age for cigarettes, tobacco products, and nicotine products;

imposing a minimum age for vapor products The bill changes the minimum age in Wisconsin for purchasing cigarettes, tobacco products, or nicotine products from 18 to 21 and imposes the same minimum age for purchasing vapor products.

In December 2019, enacted legislation amending the federal Food, Drug, and Cosmetic Act raised the federal minimum age for the sale of tobacco products from to 21.

Under current federal law, it is illegal for a retailer to sell any tobacco - 2024 Legislature - 8 - LRB-2035/1 ALL:all SENATE BILL 70 product—including cigarettes, cigars, and e-cigarettes—to anyone under the age of 21.

Under current state law, “nicotine products” are products that contain nicotine and that are not tobacco products, cigarettes, or products that have been approved by the federal Food and Drug Administration for sale as a smoking cessation product.

“Tobacco products” include products such as cigars, chewing tobacco, and smoking tobacco.

“Vapor products” are noncombustible products that produce a vapor or aerosol for inhalation from the application of a heating element, regardless of whether the liquid or other substance contains nicotine.

Under current state law, no person under the age of 18 may purchase, attempt to purchase, possess, or falsely represent his or her age for the purpose of receiving any cigarette, nicotine product, or tobacco product with certain limited exceptions.

Current state law also prohibits any person from purchasing cigarettes, tobacco products, or nicotine products on behalf of a person who is under the age of 18 and subjects that purchaser to a penalty.

A person is also prohibited under current state law from delivering a package of cigarettes unless the person making the delivery verifies that the person receiving the package is at least 18 years of age.

The bill changes these ages from 18 to 21.

The bill similarly prohibits the purchase of vapor products by or on behalf of a person who is under the age of 21.

Current state law prohibits a retailer, manufacturer, distributor, jobber, subjobber, or independent contractor or an employee or agent of any of these persons from selling or providing cigarettes or tobacco or nicotine products to an individual who is under the age of 18 and from providing cigarettes or tobacco or nicotine products to any person for free unless the cigarettes or products are provided in a place where persons under 18 years of age are generally not permitted to enter.

Current state law also prohibits a retailer or vending machine operator from selling cigarettes or tobacco or nicotine products from a vending machine unless the retailer or vending machine operator ensures that no person under 18 years of age is present on or permitted to enter the premises where the machine is located.

The bill changes these ages from 18 to 21.

The bill similarly prohibits the sale or provision of vapor products to a person who is under the age of 21.

Small Business Retirement Savings Board;

retirement savings program The bill creates a Small Business Retirement Savings Board, attached to DFI, and requires the board to establish and oversee a small business retirement savings program for certain privately employed individuals who are not eligible for an employer-sponsored retirement plan.

The board must contract with a vendor (investment administrator) to provide specified services in administering the program, including investment services and record-keeping services.

Under the bill, the board consists of the following seven members:

the secretary of financial institutions or his or her designee;

two members appointed by the governor;

two members appointed, respectively, by the speaker of the assembly and president of the senate;

one member appointed by the secretary of financial institutions;

and one member appointed by the State of Wisconsin Investment Board.

The bill requires certain members to possess specified attributes or experience, and LRB-2035/1 - 2024 Legislature - 9 - ALL:all SENATE BILL 70 all members except the secretary of financial institutions or his or her designee serve four-year terms.

Under the bill, the board must design the program to meet certain requirements.

Among these, the program must allow eligible employees to contribute to their accounts through payroll deductions and require participating employers to withhold from employees' wages, through payroll deductions, employees' account contributions and remit those contributions directly to the investment administrator.

A “participating employer” is a private employer that does not offer a retirement savings plan to all employees;

has at least one employee who is a resident of this state;

provides notice to the board of its election to participate in the program;

and certifies that, on the date of this notice, it had 50 or fewer employees.

An “eligible employee” is an individual who resides in this state and who is employed by a private employer that does not offer a retirement savings plan in which the individual may participate.

The bill defines “account” as a retirement savings account established for an eligible employee under the program.

Other requirements of the program are that the administrative costs must be low and the fee that the investment administrator may charge an eligible employee is limited to a fixed monthly fee in an amount approved by the board.

The program must also allow an eligible employee who has established an account to continue the account after separating from employment with a participating employer if the account is maintained with a positive balance.

Under the bill, after electing to participate in the program, a participating employer must provide notice to each of its eligible employees of the eligible employee's right to opt out of the program.

Unless the eligible employee opts out, the participating employer must enroll the eligible employee in the program and begin making payroll deductions, which amounts are remitted to the investment administrator as account contributions of the employee.

Unless a different account type is offered, and the employee selects another option, these contributions are made to a Roth IRA for the employee.

Unless the employee directs otherwise, during the employee's first year of enrollment in the program, the participating employer must make a payroll deduction each pay period at a rate of 5 percent of the employee's gross wages, with this rate increasing by 1 percent per year until a maximum rate of 10 percent is reached.

However, the participating employer must make a good faith effort to establish the payroll deduction at a rate that will not result in the employee's total annual contributions exceeding maximum contribution limits established by the board in accordance with the federal contribution limits for Roth IRAs, although the participating employer is not responsible if excess contributions occur.

Under the program, the eligible employee must have certain investment options within each account type, including a stable value or capital preservation fund and a target date index fund or age-based fund.

An eligible employee's first $1,000 of contributions must be deposited in a stable value or capital preservation fund, and thereafter, unless the employee selects a different investment option, the employee's contributions must be deposited in a target date index fund or age-based fund.

- 2024 Legislature - 10 - LRB-2035/1 ALL:all SENATE BILL 70 The bill specifies that, in establishing the program, the board may create or impose any requirement or condition not inconsistent with the bill's requirements that the board considers necessary for the effective functioning and widespread utilization of the program.

The bill also authorizes the board to enter into contracts for services necessary for establishing and overseeing the program, including services of financial institutions, attorneys, investment advisers, accountants, consultants, and other professionals.

The board may promulgate administrative rules related to the program.

DFI must provide the board with assistance necessary for the program, including staff, equipment, and office space.

The board may delegate to DFI responsibility for carrying out any day-to-day board function related to the program.

Implementation by DFI of section 529A ABLE savings account program The bill requires DFI to implement a qualified ABLE program under section 529A of the Internal Revenue Code allowing tax-exempt accounts for qualified expenses incurred by individuals with disabilities.

Under current federal law, states may create a qualified Achieving a Better Life Experience program under which an individual may establish a tax-exempt savings account to pay for qualified expenses, such as education, housing, and transportation costs, for a beneficiary who is an individual with disabilities, as defined under federal law.

Although these accounts, commonly referred to as “ABLE accounts” or “section 529A accounts,” cannot be established under this state's law, they can be established under another state's law, and if so established, withdrawals from these accounts for payment of qualified disability expenses for the account beneficiary are exempt from taxation in this state.

Current law also requires DFI to study and report on establishing a qualified ABLE program, including examination of the advantages and disadvantages of certain options and review and evaluation of related issues.

DFI was required to report to the legislature the results of the study, including DFI's findings and recommendations, by September 1, 2022.

The bill requires DFI to implement and administer a qualified ABLE program, either directly or by entering into an agreement with another state or alliance of states to establish an ABLE program or otherwise administer ABLE program services for the residents of this state.

DFI must, within approximately nine months, determine whether implementing the ABLE program directly or by entering into an agreement is the best option for this state's residents.

If DFI enters into an agreement, the agreement may require the party contracting with DFI to do any of the following:

1) develop and implement an ABLE program in accordance with all requirements under federal law and modify the ABLE program as necessary for participants to qualify for federal income tax benefits;

2) contract for professional and technical assistance and advice in developing marketing plans and promotional materials to publicize the ABLE program;

3) work with organizations with expertise in supporting people with disabilities and their families in administering the agreement and ensuring accessibility of the ABLE program for people with disabilities;

or 4) take any other action necessary to implement and administer the LRB-2035/1 - 2024 Legislature - 11 - ALL:all SENATE BILL 70 ABLE program.

The bill also requires DFI to provide on its website information concerning ABLE accounts.

Sales by a municipality or county of wine in a public park The bill allows a municipality or county to sell wine in its public parks without an alcohol beverage license.

Under current law, with limited exceptions, no person may sell alcohol beverages to a consumer unless the seller possesses a license or permit authorizing the sale.

Under one exception, no license or permit is required for the sale, by officers or employees of a county or municipality, of fermented malt beverages (beer) in a public park operated by the county or municipality.

The bill applies this exception to wine along with beer.

Closing hours for alcohol beverage retailers during the 2024 Republican National Convention The bill creates an exception allowing southeast Wisconsin municipalities to authorize extended closing hours for certain alcohol beverage retailers during the time that the 2024 Republican National Convention is held in Milwaukee.

Under current law, a Class “B" license authorizes the retail sale of beer for consumption on or off the licensed premises.

Except when issued to a winery, a “Class B" license authorizes the retail sale of intoxicating liquor for consumption on the licensed premises and, subject to restrictions, for consumption off the licensed premises.

Class “B” and “Class B” licenses are often issued together for restaurants and taverns.

A “Class C" license, which may be issued only for a restaurant, authorizes the retail sale of wine for consumption on the licensed premises.

With limited exceptions, a retailer operating under a Class “B," “Class B,” or “Class C” license may not remain open between the hours of 2 a.m.

and 6 a.m.

on weekdays or between 2:30 a.m.

and 6 a.m.

on Saturday and Sunday, and a municipality may not impose different closing hours by ordinance.

The bill creates a closing hour exception that may be available for Class “B,” “Class B,” and “Class C” licensees operating in a municipality any part of which is located within Kenosha, Racine, Walworth, Rock, Milwaukee, Waukesha, Jefferson, Dane, Ozaukee, Washington, Dodge, Columbia, Sheboygan, or Fond du Lac County (southeast Wisconsin municipality).

Under the bill, from July 15 to July 19, 2024, the closing hour for a Class “B,” “Class B,” or “Class C” licensed premises in a southeast Wisconsin municipality is 4 a.m.

if the municipality issuing the license has adopted a resolution allowing extended closing hours and, upon application by a licensee, has authorized the extended closing hour for that licensee.

The bill does not affect the hours during which a Class “B” or “Class B” licensee may make sales for off-premises consumption.

E CONOMIC DEVELOPMENT WEDC venture capital fund of funds program The bill directs WEDC to establish and administer a venture capital fund of funds program to invest in venture capital funds that invest in Wisconsin businesses.

The bill requires WEDC to create a fund of funds that will continuously reinvest its - 2024 Legislature - 12 - LRB-2035/1 ALL:all SENATE BILL 70 assets under the program and to create an oversight board whose duties include contracting with an investment manager for the program.

The bill directs the oversight board to establish investment policies for the program.

Under the bill, the program's moneys must be committed for investment to venture capital funds no later than 60 months after the fund of funds is created and no more than $18,750,000 may be committed to any single venture capital fund for investment.

The bill requires that at least 20 percent of the investments made through the program be directed to businesses located in parts of the state that typically do not receive significant venture capital fund investment, minority-owned businesses, and women-owned businesses.

The bill prohibits any investment in lobbying and law firms.

Under the bill, the investment manager must contract with each venture capital fund that receives moneys through the program.

The contract must require the venture capital fund to do all of the following:

PageMake 2,new lineinvestments 3:in an amount equal to the moneys it receives through the program in businesses who are headquartered, and whose operations are primarily, in this state.

delete the material beginning with “No" and ending with “may" on line 4 and substitute “Moneys cannot”.

PageAt 5,least linematch 12:the amount it receives through the program and invests in a business with an investment in that same business of moneys from sources other than the program.

deleteThe “50investment percent"manager must ensure that, on average, for every $1 a venture capital fund receives through the program and substituteinvests “half".in a business, the venture capital fund invests $2 in that business from sources other than the program.

PageProvide 10,to linethe 2:investment manager the information necessary to complete the reports described below.

deleERSITIBLOODThe RESEARCHbill NSTITUTE"requires the investment manager to annually submit to WEDC an audit of the investment manager's financial statements, the rate of return from investments made through the program, and substitutecertain “VERSITIWinformation ISCONSININC".on each venture capital fund participating in the program and each business in which investments were made.

WEDC must submit this information to the legislature.

The bill also requires the investment manager to submit quarterly reports to the oversight board.

WEDC GPR appropriation The bill adds $40,000,000 to WEDC's GPR appropriation for general operations and economic development programs in fiscal year 2023-24.

The bill also adjusts the calculation used to determine the amount of WEDC's GPR appropriation.

Business development tax credit changes Under current law, the tax benefits WEDC may award to a person certified under the business development tax credit program include an amount equal to up to 50 percent of the person's training costs incurred to undertake activities to enhance an eligible employee's general knowledge, employability, and flexibility in the workplace;

to develop skills unique to the person's workplace or equipment;

or to develop skills that will increase the quality of the person's product.

Under the bill, that criterion for awarding business development tax credits is changed to an amount equal to up to 50 percent of the person's training costs incurred to undertake activities to upgrade or improve the job-related skills of an eligible employee, train LRB-2035/1 - 2024 Legislature - 13 - ALL:all SENATE BILL 70 an eligible employee on the use of job-related new technologies, or provide job-related training to an eligible employee whose employment with the person represents the employee's first full-time job.

Also, under current law, the tax benefits WEDC may award to a person certified under the business development tax credit program include an amount determined by WEDC that is equal to a percentage of the amount of wages that the person paid to an eligible employee in the taxable year, if the position in which the eligible employee was employed was created or retained in connection with the person's location or retention of the person's corporate headquarters in this state and the job duties associated with the eligible employee's position involve the performance of corporate headquarters functions.

Under the bill, WEDC may award business development tax credits under that criterion regardless of whether the job duties associated with the eligible employee's position involve the performance of corporate headquarters functions.

Wage thresholds for business development and enterprise zone tax credits The bill raises the minimum wage thresholds for the business development and enterprise zone tax credits for businesses that enter into contracts with WEDC after December 31, 2023.

Under current law, WEDC may certify businesses that engage in qualifying activities, including full-time job creation and retention, to claim the credits.

One requirement for claiming either credit is that the business enter into a contract with WEDC.

In its contracts, WEDC uses a definition of “full-time employee” that means an individual who, among other things, is paid at least 150 percent of the federal minimum wage.

The bill changes this minimum wage threshold to $32,000 for the business development tax credit and to $32,000 in a tier I county or municipality and $42,390 in a tier II county or municipality for the enterprise zone tax credit, with all these amounts adjusted annually for inflation.

Additionally, under current law, the enterprise zone tax credit is partially based on the wages paid to zone employees that are at least 150 percent of the federal minimum wage in a tier I county or municipality or $30,000 in a tier II county or municipality.

The bill changes these thresholds to $32,000 and $42,390, respectively, with both amounts adjusted annually for inflation.

The bill also modifies the maximum wage earnings limit for businesses that enter into contracts with WEDC after December 31, 2023.

Under current law, the maximum wage earnings that may be considered per employee for the enterprise zone tax credit is $100,000.

The bill increases this amount to $141,300, which is adjusted annually for inflation, and establishes the same dollar amount limit for the business development tax credit.

The bill also adjusts the definition of “full-time job” for purposes of the business development tax credit and “full-time employee” for purposes of the enterprise zone jobs tax credit by removing the current requirement that a worker work at least 2,080 hours per year, including paid leave and holidays, in order to be considered “full-time.” Enterprise zone designations Under current law, WEDC may designate any number of enterprise zones for purposes of certifying taxpayers to claim tax credits for certain activities carried out - 2024 Legislature - 14 - LRB-2035/1 ALL:all SENATE BILL 70 within an enterprise zone.

However, current law subjects WEDC's designation of a new enterprise zone to the approval of JCF under passive review.

The bill provides that WEDC may designate no more than 30 enterprise zones and eliminates the requirement that WEDC seek approval for a new enterprise zone from JCF under passive review.

Energy efficiency and renewable energy project expenditures for the business development tax credit The bill adds a new category of expenditures that qualify for the business development tax credit.

Under current law, WEDC may award the tax credit to a certified business on the basis of its qualifying expenses related to job creation and retention, employee training, capital investment, and corporate headquarters location or retention in this state.

Under the bill, WEDC may also award the tax credit on the basis of a certified business's energy efficiency or renewable energy project expenditures.

The credit is equal to up to 25 percent of the expenditures and, under the bill, WEDC must ensure that the percentage of expenditures taken into account positively correlates to the scale of the project.

The bill applies to credits awarded after December 31, 2023.

Main Street Bounceback grants The bill creates an annual GPR appropriation for WEDC to award grants to provide assistance to businesses opening a new location or expanding operations in a vacant commercial space.

WEDC already administers such a program, which is nonstatutory, with federal American Rescue Plan Act funding.

Under the bill, WEDC must establish eligibility requirements and other policies and procedures for grants awarded under the bill that are substantially similar to the eligibility requirements and policies and procedures in effect on June 30, 2023, for the Wisconsin Tomorrow Main Street Bounceback Grant Program administered by WEDC.

Additionally, WEDC may not award a grant under the bill to a nonprofit organization.

Cooperative development funding The bill requires WEDC to allocate at least $500,000 from its economic development appropriations in the 2023-24 fiscal year for the purpose of assisting cooperative development activities in this state.

WEDC's unassigned fund balance Current law requires that WEDC establish policies and procedures concerning its unassigned fund balance, which is defined as all moneys held by WEDC that WEDC is not obligated by law or by contract to expend for a particular purpose or that WEDC has not otherwise assigned to be expended for a particular purpose.

Under current law, those policies and procedures must include as a target that WEDC's unassigned fund balance on June 30 of each fiscal year be an amount equal to or less than one-sixth of WEDC's total administrative expenditures for that fiscal year.

The bill eliminates the requirement that WEDC's policies and procedures include that target for WEDC's unassigned fund balance.

LRB-2035/1 - 2024 Legislature - 15 - ALL:all SENATE BILL 70 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.

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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.

LRB-2035/1 - 2024 Legislature - 17 - ALL:all SENATE BILL 70 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 A DULT 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 - 2024 Legislature - 18 - LRB-2035/1 ALL:all SENATE BILL 70 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.

LRB-2035/1 - 2024 Legislature - 19 - ALL:all SENATE BILL 70 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.

- 2024 Legislature - 20 - LRB-2035/1 ALL:all SENATE BILL 70 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.

C IRCUIT 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 LRB-2035/1 - 2024 Legislature - 21 - ALL:all SENATE BILL 70 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 The bill requires the director of state courts to reimburse counties for circuit court costs related to implementing the use of pretrial risk assessments.

The director of state courts must make the payments from a new biennial general program operations appropriation created in the bill.

Certificates of qualification for employment The bill eliminates the $20 application fee for an individual convicted of a crime to apply for a certificate of qualification for employment.

Under current law, certain nonviolent offenders who have been released from confinement may apply to the Council on Offender Employment for a certificate, and the council generally must approve an offender's application if the council finds that the offender is not likely to pose a risk to public safety, that the certificate will substantially assist the offender in obtaining employment or occupational licensing or certification, and that the offender is less likely to commit an additional criminal offense if the offender obtains a certificate.

Under current law, a certificate provides relief to an offender from ineligibility for or disadvantage related to employment, occupational licensing, or occupational certification that results from the offender's criminal record.

A certificate also incentivizes an employer to hire an offender by providing the employer with limited immunity from civil liability related to acts or omissions of the offender.

G ENERAL COURTS AND PROCEDURE Extreme risk protection injunctions Under current law, a person is prohibited from possessing a firearm, and must surrender all firearms, if the person is subject to a domestic abuse injunction, a child abuse injunction, or, in certain cases, a harassment or an individuals-at-risk injunction.

If a person surrenders a firearm because the person is subject to one of those injunctions, the firearm may not be returned to the person until a court determines that the injunction has been vacated or has expired and that the person is not otherwise prohibited from possessing a firearm.

A person who is prohibited from possessing a firearm under such an injunction is guilty of a Class G felony for violating the prohibition.

- 2024 Legislature - 22 - LRB-2035/1 ALL:all SENATE BILL 70 The bill creates an extreme risk protection temporary restraining order and injunction to prohibit a person from possessing a firearm.

Under the bill, either a law enforcement officer or a family or household member of the person may file a petition with a court to request an extreme risk protection injunction.

The petition must allege facts that show that the person is substantially likely to injure himself or herself or another if the person possesses a firearm.

Under the bill, the petitioner may request the court to consider first granting a temporary restraining order (TRO).

If the petitioner requests a TRO, the petitioner must include evidence that there is an immediate and present danger that the person may injure himself or herself or another if the person possesses a firearm and that waiting for the injunction hearing increases the immediate and present danger.

If the petitioner requests a TRO, the court must hear the petition in an expedited manner.

The judge must issue a TRO if, after questioning the petitioner and witnesses or relying on affidavits, the judge determines that it is substantially likely that the petition for an injunction will be granted and the judge finds good cause to believe there is an immediate and present danger that the person will injure himself or herself or another if the person has a firearm and that waiting for the injunction hearing may increase the immediate and present danger.

If the judge issues a TRO, the TRO is in effect until the injunction hearing, which must occur within 14 days.

The TRO must require a law enforcement officer to personally serve the person with the order and to require the person to immediately surrender all firearms in his or her possession.

If a law enforcement officer is unable to personally serve the person, then the TRO requires the person to surrender within 24 hours all firearms to a law enforcement officer or a firearms dealer and to provide the court a receipt indicating the surrender occurred.

At the injunction hearing, the court may grant an extreme risk protection injunction ordering the person to refrain from possessing a firearm if the court finds by clear and convincing evidence that the person is substantially likely to injure himself or herself or another if the person possesses a firearm.

If the person was not subject to a TRO, the court also must order the person to surrender all firearms he or she possesses.

An extreme risk protection injunction is effective for up to one year and may be renewed.

A person who is subject to an extreme risk protection injunction may petition to vacate the injunction.

A person who possesses a firearm while subject to an extreme risk protection TRO or injunction is guilty of a Class G felony.

If a person surrenders a firearm because the person is subject to an extreme risk protection TRO or injunction, the firearm may not be returned to the person until a court determines that the TRO has expired or the injunction has been vacated or has expired and that the person is not otherwise prohibited from possessing a firearm.

Finally, a person who files a petition for an extreme risk protection injunction, knowing the information in the petition to be false, is guilty of the crime of false swearing, a Class H felony.

Qui tam actions for false claims The bill restores a private individual's authority to bring a qui tam claim against a person who makes a false or fraudulent claim for Medical Assistance, LRB-2035/1 - 2024 Legislature - 23 - ALL:all SENATE BILL 70 which was eliminated in 2015 Wisconsin Act 55, and further expands qui tam actions to include any false or fraudulent claims to a state agency.

A qui tam claim is a claim initiated by a private individual on his or her own behalf and on behalf of the state against a person who makes a false claim relating to Medical Assistance or other moneys from a state agency.

The bill provides that a private individual may be awarded up to 30 percent of the amount of moneys recovered as a result of a qui tam claim, depending upon the extent of the individual's contribution to the prosecution of the action.

The individual may also be entitled to reasonable expenses incurred in bringing the action, as well as attorney fees.

The bill includes additional changes not included in the prior law to incorporate provisions enacted in the federal Deficit Reduction Act of 2005 and conform state law to the federal False Claims Act, including expanding provisions to facilitate qui tam actions and modifying the bases for liability to parallel the liability provisions under the federal False Claims Act.

In addition to qui tam claims, DOJ has independent authority to bring a claim against a person for making a false claim for Medical Assistance.

The bill modifies provisions relating to DOJ's authority to parallel the liability and penalty standards relating to qui tam claims and to parallel the forfeiture amounts provided under the federal False Claims Act.

DOT data sharing Under current law, DOT annually transmits to the director of state courts a list of persons residing in the state that includes certain information about those persons.

Each year, the director of state courts uses that information, along with other information available to the director of state courts, to compile a master list of potential jurors for use by the state circuit courts.

The bill requires DOT to also send that list to the clerks of court for the federal district courts within this state.

County law libraries The bill creates an appropriation account to receive any amounts from counties for providing materials or other services under contracts for county law libraries.

CRIMES Expungement Under current law, a court may order a person's criminal record expunged of a crime if all of the following apply:

1.

The maximum term of imprisonment for the crime is six years or less (Class H felony and below).

2.

The person committed the crime before the age of 25.

3.

The person had not been previously convicted of a felony.

4.

The crime was not a violent felony.

Current law specifies that the expungement order must be made only at sentencing and then the record is expunged when the person completes his or her sentence.

If the court does not order a criminal record expunged at sentencing, current law generally does not provide for another means to expunge the criminal record.

- 2024 Legislature - 24 - LRB-2035/1 ALL:all SENATE BILL 70 The bill makes several changes to the expungement process.

The bill removes the condition that the person committed the crime before the age of 25.

(The bill retains the requirements that the crime be no greater than a Class H felony, the person had no previous felony convictions, and the crime was not a violent felony.) The bill makes certain crimes ineligible for expungement, such as traffic crimes, the crime of violating a domestic abuse restraining order or injunction, criminal trespass, and criminal damage to a business.

The bill also allows the sentencing court to order that a person's record not be eligible for expungement.

The bill continues to allow the court to order at sentencing that the record be expunged when the person completes his or her sentence.

The bill also provides that, if the court did not make an order at sentencing, the person may file a petition with the sentencing court after he or she completes his or her sentence.

Upon receipt of the petition, the court must review the petition and then may order the record expunged or may deny the petition.

If the court denies the petition, the person may not file another petition for two years.

The person must pay a $100 fee to the county for a second petition, and no person may file more than two petitions per crime.

The bill limits a person to one expungement.

The changes described in this paragraph retroactively apply to persons who were convicted of a crime before the bill takes effect.

The bill provides that, if a record is expunged of a crime, that crime is not considered a conviction for employment purposes and specifies that employment discrimination because of a conviction record includes requesting a person to supply information regarding a crime if the record has been expunged of the crime.

Finally, the bill provides that it is not employment discrimination because of conviction record for the Law Enforcement Standards Board to consider a conviction that has been expunged with respect to applying any standard or requirement for the certification, decertification, or required training of law enforcement officers, tribal law enforcement officers, jail officers, and juvenile detention officers.

Immunity for certain controlled substances offenses Current law grants immunity from prosecution for possessing a controlled substance to a person, called an aider, who summons or provides emergency medical assistance to another person because the aider believes the other person is suffering from an overdose or other adverse reaction to a controlled substance.

Under 2017 Wisconsin Act 33, an aider was also immune from having probation, parole, or extended supervision revoked for possessing a controlled substance under the same circumstances.

Act 33 also granted the aided person immunity from having probation, parole, or extended supervision revoked for possessing a controlled substance when an aider seeks assistance for the aided person.

The immunity applied only if the aided person completes a treatment program as part of his or her probation, parole, or extended supervision.

Act 33 also provided that a prosecutor must offer an aided person who is subject to prosecution for possessing a controlled substance a deferred prosecution agreement if the aided person completes a treatment program.

The expanded immunities under Act 33 were temporary, and expired on August 1, 2020.

The bill permanently restores these expanded immunities from Act 33.

LRB-2035/1 - 2024 Legislature - 25 - ALL:all SENATE BILL 70 Alternatives to prosecution for disorderly conduct The bill requires a prosecutor to offer to certain disorderly conduct defendants a deferred prosecution agreement or an agreement in which the defendant stipulates to his or her guilt of a noncriminal ordinance violation.

Under the bill, a prosecutor must offer alternatives to prosecution to a person who has committed a disorderly conduct violation if it is the person's first disorderly conduct violation, the person has not committed a similar violation previously, and the person has not committed a felony in the previous three years.

Under the bill, if the person is offered a deferred prosecution agreement, he or she must be required to pay restitution, if applicable.

EDUCATION PRIMARY AND SECONDARY EDUCATION:

GENERAL SCHOOL AIDS AND REVENUE LIMITS School district revenue limits;

per pupil increase Current law generally limits the total amount of revenue per pupil that a school district may receive from general school aids and property taxes in a school year to the amount of revenue allowed per pupil in the previous school year plus a per pupil adjustment, if any, as provided by law.

Current law does not provide a per pupil adjustment in the 2021-22 school year and any school year thereafter.

For purposes of calculating school district revenue limits, the bill provides a per pupil increase of $350 for the 2023-24 school year and $650 for the 2024-25 school year.

Under the bill, in the 2025-26 school year and thereafter, the per pupil adjustment is the per pupil increase for the previous school year as adjusted for any increase in the consumer price index.

Low revenue ceiling;

per pupil amount and restrictions Current law provides a minimum per pupil revenue limit for school districts, known as the revenue ceiling.

Under current law, the per pupil revenue ceiling is $10,000 in the 2020-21 school year and each school year thereafter.

The bill increases the per pupil revenue ceiling to $10,450 for the 2023-24 school year and to $11,200 for the 2024-25 school year and, beginning in the 2025-26 school year, annually adjusts the revenue ceiling for any increase in the consumer price index.

Current law also provides that during the three school years following a school year in which an operating referendum fails in a school district, the school district's revenue ceiling is the revenue ceiling that applied in the school year during which the referendum was held.

The bill eliminates the provision under which a school district's revenue ceiling is the revenue ceiling from a previous school year because an operating referendum failed in the school district.

Counting pupils enrolled in four-year-old kindergarten The bill changes how a pupil enrolled in a four-year-old kindergarten is counted by a school district for purposes of state aid and revenue limits.

Under current law, beginning with state aid paid in the 2024-25 school year and revenue limits calculated for the 2024-25 school year, a pupil enrolled in a four-year-old kindergarten program is counted as 0.5 pupil unless the program provides at least 87.5 additional hours of outreach activities, in which case the pupil is counted as 0.6 pupil.

Under the bill, if the four-year-old kindergarten program requires full-day - 2024 Legislature - 26 - LRB-2035/1 ALL:all SENATE BILL 70 attendance by pupils for five days a week, a pupil enrolled in the program is counted as one pupil.

High poverty aid Under current law, if at least 50 percent of a school district's enrollment is eligible for a free or reduced-price lunch under the federal school lunch program, the school district is eligible for a prorated share of the amount appropriated as high poverty aid.

For school districts other than a first class city school district (currently only Milwaukee Public Schools), high poverty aid is considered state aid for purposes of revenue limits.

For MPS, high poverty aid must be used to reduce the school property tax levied for the purpose of offsetting the aid reduction attributable to the Milwaukee Parental Choice Program.

The bill eliminates high poverty aid beginning in the 2023-24 school year.

P RIMARY AND SECONDARY EDUCATION: