AB 68 — Relating to: state finances and appropriations, constituting the executive budget act of the 2021 legislature. (FE)

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.

XX35 Public Lands, Board of Commissioners of.

XX36 Public Service Commission.

LRB-2066/1 - 2022 Legislature - 3 - ALL:all ASSEMBLY BILL 68 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 SECTION 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 JCF .

Joint Committee on Finance LRB .

Legislative Reference Bureau OCI .

Office of the Commissioner of Insurance PSC .

Public Service Commission - 2022 Legislature - 4 - LRB-2066/1 ALL:all ASSEMBLY BILL 68 SHS .

State Historical Society 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 Wisconsin Initiative for Agricultural Exports The bill provides funding for DATCP to establish and administer the Wisconsin Initiative for Agricultural Exports to promote the export of the state's agricultural and agribusiness products.

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.

Small farm diversity grant program The bill authorizes DATCP to provide grants to farmers that have been in operation for at least a year and that made less than $350,000 in gross cash farm income in the year before applying for a grant.

Grants may be used to develop a new agricultural product or increase production of an agricultural product;

to pay for start-up costs for new agricultural production operations;

to research and develop new uses for food, feed, and fiber products;

to develop on-farm processing of agricultural commodities;

or to develop an agritourism venue.

Grants must be for at least $5,000 but no more than $50,000.

In awarding grants, DATCP must give priority to applications that develop a business plan with market research and income projections;

demonstrate a high probability of increased revenue, job creation, or enhanced viability;

feature research that is innovative and commercially plausible;

demonstrate a high probability of rapid commercialization;

or demonstrate a commitment for funding from other private or public sources or from the applicant.

A grant recipient must provide matching funds of 30 percent of the amount of the grant and must submit annual reports to DATCP documenting grant money expenses and results.

Value-added agricultural practices;

technical assistance and grants 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.

LRB-2066/1 - 2022 Legislature - 5 - ALL:all ASSEMBLY BILL 68 The bill authorizes DATCP to provide grants to entities to provide education and training to farmers about best practices related to grazing.

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

Conservation grants The bill requires DATCP to award grants to develop and provide education and training to farmers about best practices related to grazing and pasture maintenance and to provide cost-sharing incentive payments to farmers to develop and adopt regenerative agricultural practices.

DATCP may not allocate more than $320,000 for these grants in any single fiscal year.

Nitrogen optimization pilot program The bill requires DATCP to create a nitrogen optimization pilot program, under which DATCP awards grants to farmers to implement a project that has the potential to reduce nitrate loading to groundwater in the area.

The farmer must collaborate with the College of Agricultural and Life Sciences at the University of Wisconsin–Madison, the Center for Watershed Science and Education at the University of Wisconsin–Stevens Point, or the University of Wisconsin–Extension.

The bill requires the collaborating university to monitor a grant project on-site and to use information gathered from grant projects to research nitrate loading reduction methods, with a goal of making recommendations to agricultural producers on optimizing nitrogen usage while improving water quality in this state.

The bill limits the total amount of a grant to both a farmer and the collaborating university to $125,000.

No more than 50 percent of this total amount may be awarded to the collaborating university.

Regenerative agriculture practices grant program The bill requires DATCP to award grants to provide cost-sharing for conducting soil tests and other carbon sequestration analyses;

updating nutrient management software;

studying the feasibility of a statewide carbon market;

assessing the market value of carbon sequestration;

and, for agricultural producers, implementing regenerative agricultural practices.

DATCP may not allocate more than $370,000 for these grants in any single fiscal year.

In conjunction with providing these grants, DATCP must also evaluate the accuracy and efficiency of existing tools that calculate carbon credits generated by producer-led watershed protection grant recipients;

identify opportunities and facilitate groups of agricultural producers to work together to generate carbon credits;

provide technical assistance to farmers and agricultural agencies and professionals regarding carbon credit generation to help them choose whether to collaborate with carbon credit project developers in the future;

study the feasibility of a statewide carbon market;

and assess the market value of carbon sequestration.

Technical assistance for resource conservation The bill creates a resource conservation technical assistance program in DATCP for providing technical assistance to farmers related to increasing or maintaining agricultural yields while promoting soil health, water quality, and regenerative agricultural practices and for providing grants to local governments, - 2022 Legislature - 6 - LRB-2066/1 ALL:all ASSEMBLY BILL 68 nongovernmental organizations, federally recognized American Indian tribes or bands, businesses, and individuals.

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.

Farm to School program:

preference to districts with high free or reduced-price meal eligibility Current law requires DATCP to promote farm to school programs, which connect schools with nearby farms to provide children with locally produced foods in school meals.

The bill requires that in awarding grants under the farm to school program DATCP must give preference to school districts that have a high percentage of students who are eligible for free or reduced-price meals under federal law.

Farm to Fork grant program The bill creates a farm to fork program, similar to the existing farm to school program.

Under the program, DATCP may provide grants to entities (other than school districts) that have cafeterias to connect them 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.

Grants for meat processing facilities The bill allows DATCP to award grants to meat processing facilities for the purpose of promoting the growth of the meat industry in this state.

Meat processing tuition 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.

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.

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

Grants for rural business and economic development Current law allows DATCP to use certain funds to make loans for the development of rural businesses or rural economic development.

The bill allows DATCP to also use these funds to provide grants for this purpose.

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.

LRB-2066/1 - 2022 Legislature - 7 - ALL:all ASSEMBLY BILL 68 County land conservation staff for climate change activities Under current law, as part of the soil and water resource management program, DATCP provides funding to counties for county conservation staffing.

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

The bill provides that this program may be used to fund county conservation staff who focus on climate change and climate change resiliency.

The bill also creates an appropriation specifically for this purpose.

A county that seeks funding for this purpose must specifically indicate as such in its annual grant request.

Concentrated animal feeding operations Under current law, a person who operates a concentrated animal feeding operation (CAFO) must have a Wisconsin Pollutant Discharge Elimination System (WPDES) permit from DNR.

A CAFO is a livestock operation that contains at least 1,000 animal units, that discharges pollutants into a navigable water, or that contaminates a well.

Current law requires a CAFO operator with a WPDES permit to pay an annual fee of $345 to DNR.

The bill increases the amount of this annual fee to $545.

The bill also requires a CAFO operator applying for a new WPDES permit to pay a $3,270 application fee.

Water stewardship certification The bill creates a grant program for DATCP to 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.

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

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

Reauthorizing State Fair Park Board rulemaking authority The bill authorizes the State Fair Park Board to promulgate rules governing the use of State Fair Park.

Under current law, the board may not promulgate rules unless a law specifically authorizes the board to do so.

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.

Appropriation limit for the producer-led watershed protection grant program DATCP administers the producer-led watershed protection grant program, which provides grants to groups of farmers in the same watershed to implement nonpoint source pollution abatement activities.

Under current law, DATCP may not allocate more than $750,000 per fiscal year for this program.

The bill increases that maximum amount to $1,000,000.

- 2022 Legislature - 8 - LRB-2066/1 ALL:all ASSEMBLY BILL 68 Transfer of funds The bill transfers $466,500 in fiscal year 2021-22 from the general fund to the DATCP appropriation used for dog licensing, rabies control programs, and other related services.

COMMERCE AND ECONOMIC DEVELOPMENT B USINESS ORGANIZATION AND FINANCIAL INSTITUTIONS 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.

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 ABLE program.

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

Children's savings and investment program The bill requires DFI to collaborate with one or more philanthropic organizations to develop a statewide children's savings and investment program, funded and administered by the philanthropic organization or organizations.

The program must allow the balance of an account established under the program to be transferred to a College Savings Program (commonly known as Edvest) account.

Fees for licensed securities industry participants The bill increases certain securities-related fees paid to DFI.

LRB-2066/1 - 2022 Legislature - 9 - ALL:all ASSEMBLY BILL 68 Current law generally requires a securities broker-dealer and a person who represents a broker-dealer or issuer in securities transactions (securities agent) to be licensed, and generally requires an investment adviser and an investment adviser representative to be licensed, before transacting business in this state.

Broker-dealers and investment advisers must pay to DFI initial and renewal license fees of $200.

Securities agents and investment adviser representatives must pay to DFI initial and renewal license fees of $80.

Although an investment adviser registered with the federal Securities and Exchange Commission (federal covered adviser) is not required to be licensed by DFI, it must pay to DFI an initial and renewal notice filing fee of $200.

In addition, broker-dealers and investment advisers, including federal covered advisers, that maintain a branch office in this state must pay a filing fee of $80 for each branch office.

The bill increases each of these fees, from $200 to $300 and from $80 to $100.

Notary public application fees Under current law, any U.S.

resident who is licensed to practice law in this state is entitled to a permanent commission as a notary public upon application to DFI and payment of a $50 fee.

In addition, any U.S.

resident who is at least 18 years of age and who is not an attorney may file an application with DFI for a four-year appointment as a notary public and must pay a $20 application fee.

The bill increases the application fee for attorneys from $50 to $100 and increases the application fee for nonattorneys from $20 to $40.

Information related to public service loan forgiveness programs The bill requires DFI to collect, maintain, and make available information regarding student loan forgiveness programs available to employees of the state or a local unit of government.

Worker misclassification information 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.

New DFI appropriations The bill creates the following DFI appropriations:

1) a program revenue appropriation that allows DFI to expend federal moneys received by DFI for the purposes for which the federal moneys were received;

and 2) a program revenue appropriation that allows DFI to expend moneys received by DFI from other state agencies or from within DFI for the purpose of administering programs or projects for which the moneys were received.

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

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

Nicotine products are products that contain nicotine and that are not tobacco products, cigarettes, or products that have been approved by the federal Food - 2022 Legislature - 10 - LRB-2066/1 ALL:all ASSEMBLY BILL 68 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.

Currently, 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 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.

Current law also prohibits a person 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 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 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 in which the machine is located.

The bill changes these ages from to 21.

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

Retailer license requirement for vapor product sellers The bill requires a person who sells vapor products to obtain an annual cigarette and tobacco products retailer license from the clerk of the city, village, or town in which the retailer is located.

Restrictions on placement of cigarettes, nicotine products, or tobacco products The bill allows a retailer to place cigarettes, nicotine products, or tobacco products only in locations that are inaccessible to customers without the assistance of the retailer or the retailer's employee or agent, such as behind the counter or in a locked case.

The bill's restriction does not apply to 1) cigarettes, nicotine products, or tobacco products sold in a vending machine;

2) a retail location that generates 75 percent or more of its revenue from sales of cigarettes, nicotine products, or tobacco products, as long as the retail location prohibits anyone under the age of 21 from entering without a parent, guardian, or spouse who has reached that age;

or 3) cigars that are placed in a separate, humidity-controlled room in a retail location if the entrance to the room is visible, either directly or by video surveillance, from the check-out area and no person under the age of 21 is permitted to enter the room LRB-2066/1 - 2022 Legislature - 11 - ALL:all ASSEMBLY BILL 68 without a parent, guardian, or spouse who has reached that age.

Current law imposes restrictions on sales from a vending machine that the bill does not affect.

A retailer who violates the bill's restriction is subject to the same penalties that apply to violations of other restrictions that apply to retailers of cigarettes or tobacco products, including 1) a forfeiture of not more than $500, if the retailer has not committed a previous violation within 12 months;

2) a forfeiture of not less than $200 nor more than $500, if the retailer has committed a previous violation within 12 months;

and 3) suspension of the retailer's license for a period of time that depends on the number of previous violations committed by the retailer.

The bill also allows a first class city, which currently includes only Milwaukee, to suspend, revoke, or refuse to renew a cigarette and tobacco products retailer license if the retailer violates the bill's restriction, by following the complaint and hearing procedure that exists under current law for certain other violations and activities.

Unfair drug pricing practices and fraudulent drug advertising The bill prohibits unfair drug pricing practices, which are defined as drug pricing practices that cause substantial injury to consumers that is not outweighed by countervailing benefits to consumers or to competition.

Under the bill, DATCP and district attorneys may seek injunctions in circuit court to restrain violations of the prohibition, and DATCP may investigate alleged violations and promulgate rules related to the prohibition.

The bill also authorizes DATCP to promulgate rules to enforce prohibitions against fraudulent drug advertising.

Current law generally prohibits a person from making untrue, deceptive, or misleading representations about the effects of a drug or making representations about the effects of a drug unless it is lawfully marketed under federal law.

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 rules.

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

The bill also establishes various requirements for broadband service providers, including requiring them to 1) provide service satisfying minimum standards established by PSC and allow subscribers to terminate contracts if broadband service fails to satisfy those standards;

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

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

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

and 5) 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.

- 2022 Legislature - 12 - LRB-2066/1 ALL:all ASSEMBLY BILL 68 Extended closing hours during special events 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.

A Class “B" license authorizes the retail sale of fermented malt beverages (beer) for consumption on or off the premises.

A “Class B" license authorizes the retail sale of intoxicating liquor, which includes wine and distilled spirits, for consumption on the licensed premises and, subject to restrictions, the retail sale of intoxicating liquor in original packages for consumption off the licensed premises.

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

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 a.m.

on weekdays or between 2:30 a.m.

and 6 a.m.

on Saturday and Sunday.

The bill allows a municipality to designate by ordinance a special event lasting fewer than eight consecutive days during which closing hours for premises that obtain a special event permit from the municipality and that are operating under a Class “B,” “Class B,” or “Class C” license in the municipality are extended.

Under the bill, the municipality may extend the closing hour for such premises to no later than 4 a.m.

during the special event.

A municipality may not designate more than four special events in a calendar year.

Sales of alcohol beverages at State Fair Park The bill allows a person approved by the State Fair Park Board to sell, without a license or permit, alcohol beverages for consumption at the state fair park.

The bill specifies that the State Fair Park Board may not grant such approval unless the person meets certain eligibility requirements applicable to retail licensees and that such approval is also required for retail sales by brewers and brewpubs at State Fair Park.

DOR publication of list of alcohol beverage retail licensees The bill requires DOR to publish a list of retail licensees on DOR's website.

Under current law, DOR issues alcohol beverage permits and municipalities issue alcohol beverage licenses.

Each municipality must annually provide DOR with a list of the municipality's retail licensees, including name, address, and type of license.

The bill requires DOR to publish this list on DOR's website.

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

The bill requires WEDC to create a fund of funds that will continuously reinvest its assets and to create an oversight board whose duties include contracting with an investment manager.

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 $25,000,000 may be invested in any single venture capital fund.

The bill requires that at least 20 percent of the investments made through the LRB-2066/1 - 2022 Legislature - 13 - ALL:all ASSEMBLY BILL 68 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 3,new lineinvestments 5:in an amount equal to the moneys it receives through the program in businesses who are headquartered, and whose operations are primarily, in Wisconsin.

delete “County to" and substitute “County.

The renovation shall".

PageAt 4,least linematch 11: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 “mayinvestment not"manager must ensure that, on average, for every $1 a venture capital fund receives through the program and substituteinvests “cannot".in a business, the venture capital fund invests $2 in that business from sources other than the program.

PageProvide 4,the lineinvestment 21:manager with the information necessary to complete the reports described below.

deleteThe “maybill not"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 substituteinformation “cannot".on each venture capital fund participating in the program and business in which investment 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.

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 the revitalization of commercial areas having historical significance.

Under the current state main street program, WEDC is required to do all of the following:

1.

Contract with the national main street center for services related to revitalizing commercial areas having historical significance.

2.

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.

3.

Coordinate with other state and local public and private entities in relation to the state main street program.

PageAnnually 4,select, lineupon 25:application, up to five municipalities to participate in the state main street program.

deleteThe “50program percent"for andeach substitutemunicipality “half".concludes after five years.

The corporation is required to select program participants representing various geographical regions and populations.

PageDevelop 5,objective linecriteria 6:for use in selecting participants in the state main street program.

delete- “may2022 not"Legislature and- substitute14 “cannot".- LRB-2066/1 ALL:all ASSEMBLY BILL 68 6.

Provide training, technical assistance, and information on the revitalization of commercial areas that have historical significance to municipalities not participating in the state main street program.

7.

Annually expend at least $250,000 annually on the state main street program.

The bill substantially replaces WEDC's duties under the state main street program and instead requires WEDC, in accordance with guidelines of the national main street center, to assist municipalities in planning, managing, and implementing programs for the revitalization of downtown areas and historic commercial districts, including by doing all of the following:

1.

Assisting communities in restoring and retaining the historic character of their downtown areas and historic commercial districts.

2.

Promoting business investment, assisting in retaining existing small businesses, and promoting new businesses in downtown areas and historic commercial districts.

3.

Assisting in strengthening the local tax base.

4.

Assisting in the creation of employment opportunities in downtown areas and historic commercial districts.

5.

Enhancing the economic viability of downtown areas and historic commercial districts.

The bill also requires WEDC to annually select, upon application, up to five new municipalities to participate in the state main street program, but a municipality's participation in the program is not limited to five years.

The bill continues to require the corporation to provide related training, technical assistance, and information to municipalities not participating in the state main street program.

Finally, under the bill, WEDC is no longer required to expend up to $250,000 annually on the state main street program.

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, 2021.

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 $27,900 for the business development tax credit and to $27,900 in a tier I county or municipality and $37,000 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 $27,900 and $37,000, with both amounts adjusted annually for inflation.

LRB-2066/1 - 2022 Legislature - 15 - ALL:all ASSEMBLY BILL 68 The bill also modifies the maximum wage earnings limit for businesses that enter into contracts with WEDC after December 31, 2021.

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 $123,000, which is adjusted annually for inflation, and establishes the same dollar amount limit for the business development tax credit.

Designation of enterprise zones Current law allows WEDC to designate an unlimited number of enterprise zones, with each designation subject to approval by JCF under passive review.

Current law also provides that an enterprise zone expires after 12 years and, upon such expiration,WEDC may designate a new zone subject to JCF approval.

The bill authorizes WEDC to designate up to 30 enterprise zones and repeals the requirement that WEDC receive approval from JCF.

Under the bill, WEDC may cancel the designation of an enterprise zone if WEDC revokes the certifications for all tax benefits within the zone and may designate a new zone after the cancellation.

The bill also provides that if an enterprise zone expires under the contract with the business certified to claim tax benefits, WEDC may designate a new zone, and WEDC is provided this authority on a retroactive basis.

Financial assistance for underserved communities The bill requires WEDC to expend $5,000,000 annually to provide grants, loans, and other assistance to underserved communities in Wisconsin, including members of minority groups, woman-owned businesses, and individuals and businesses in rural areas.

Funding for regional economic development organizations to assist with pandemic recovery The bill appropriates $8,000,000 to WEDC in the 2021-22 fiscal year to provide funding to organizations focused on local or regional economic development in this state for the purpose of assisting Wisconsin businesses and nonprofits in their recovery from the COVID-19 global pandemic.

Small business pandemic recovery The bill requires WEDC to aid in Wisconsin's economic recovery from the COVID-19 global pandemic by providing financial assistance to small businesses adversely affected by the pandemic, including for the retention of current employees and the rehiring of former employees.

The bill requires WEDC to coordinate with DOR as necessary to administer the aid.

Creative economy development initiative grants The bill authorizes the Arts Board to award grants on a competitive basis in the 2021-23 fiscal biennium to businesses, whether operated for profit or not for profit, local governmental agencies, and business development organizations or associations that work to promote any of the following in Wisconsin:

1.

Individuals or organizations whose products or services have an origin in artistic, cultural, creative, or aesthetic content.

2.

Job creation.

3.

Economic development.

- 2022 Legislature - 16 - LRB-2066/1 ALL:all ASSEMBLY BILL 68 4.

Arts education.

5.

Workforce training and development.

Under the bill, such a grant may not exceed $40,000, and the bill prohibits the Arts Board from awarding a grant unless the proposed grant recipient has secured from nonstate sources an amount equal to at least twice the amount of the proposed grant.

Under the bill, the Arts Board may award up to a total of $500,000 in such grants during the 2021-23 fiscal biennium.

Finally, the bill requires the Arts Board to submit a report to JCF by May 1, 2023, regarding the effectiveness of the grants.

WHEDA investment in small businesses The bill authorizes WHEDA to annually invest up to $1,000,000 of its general funds in businesses and startup companies that, among other conditions, have fewer than 50 full-time employees or gross annual sales of less than $5,000,000.

Under current law, WHEDA may not invest more than $1,000,000 in total in these entities, and the entities must, among other conditions, have fewer than 25 full-time employees or gross annual sales of less than $2,500,000.

Cooperative feasibility grants The bill directs WEDC, for each year of the 2021-23 fiscal biennium, to award up to $200,000 in grants for cooperative feasibility studies.

The bill requires WEDC to make the awards in consultation with the Cooperative Network.

Tribal economic development The bill requires WEDC to establish and administer programs that promote small business economic development benefitting American Indian tribes or bands in the state.

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 based on its qualifying expenses related to job creation and retention, employee training, capital investment, and corporate headquarters location or retention in Wisconsin.

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 up to 25 percent of the expenditures, with WEDC directed under the bill to 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, 2021.

Modifications to brownfield grant program Under current law, WEDC administers a brownfields grant program and a brownfield site assessment grant program to provide grants for developing property adversely impacted by environmental contamination and conducting related activities.

One condition for awarding a grant is that the person who caused the environmental contamination and, for the brownfields grant program, any person who possessed or controlled the contaminant prior to its release must be unknown, unable to be located, or financially unable to pay remediation or other specified costs.

LRB-2066/1 - 2022 Legislature - 17 - ALL:all ASSEMBLY BILL 68 Under the bill, this condition does not apply if WEDC determines that the case has received sufficient closure from DNR.

The bill specifies that a brownfields grant recipient may not be the party who caused the environmental contamination, which is a condition that already applies to brownfield site assessment grant recipients under current law.

The bill also provides that, when making a grant under the brownfields grant program, WEDC must consult with DNR, rather than consider DNR's recommendations as required under current law.

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.

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 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 Wisconsin 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.

Base year for the enterprise zone tax credit The bill modifies the definition of “base year” for purposes of the enterprise zone tax credit.

The amount of the credit for job creation or retention depends, in part, on the number of the business's employees in the taxable year as compared to the number of employees in the base year.

Current law defines “base year” to mean the taxable year beginning during the calendar year prior to the calendar year in which the enterprise zone was created.

For businesses that enter into contracts with WEDC after December 31, 2021, the bill defines “base year” as the 12-month period prior to the date on which the claimant was certified to claim the tax credit.

- 2022 Legislature - 18 - LRB-2066/1 ALL:all ASSEMBLY BILL 68 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 program.

Modifications to WEDC reporting requirements The bill modifies WEDC's reporting requirements to the legislature.

First, the bill alters the requirement that WEDC, prior to the beginning of each calendar year, report to the legislature on the economic development projects it intends to develop and implement during the year.

Under the bill, the reporting period is the fiscal year, not the calendar year.

Second, the bill repeals the requirement that WEDC report to the legislature on the economic development tax credit program.

This program ended in 2015, and tax year 2019 is the final year for which taxpayers may claim the credit under contracts with WEDC.

Increase to WEDC GPR appropriation The bill increases from $16,512,500 per fiscal year under current law to $25,012,500 in the 2021-22 fiscal year and $20,012,500 in the 2022-23 fiscal year the amount WEDC may expend from its GPR appropriation for its economic development programs.

Changes to WEDC's appropriation from the economic development fund Current law appropriates moneys to WEDC from the economic development fund for WEDC's operations and to fund its economic development programs.

An economic development surcharge administered by DOR funds the economic development fund.

Currently, the total amount WEDC may expend from the economic development fund is limited to surcharge amounts deposited into the fund by DOR and is limited by the amount of moneys appropriated from the fund to DOR for purposes of administering the economic development surcharge.

Under the bill, WEDC may expend all moneys from the economic development fund not expended by DOR for purposes of administering the economic development surcharge.

Those moneys include interest and earnings of the fund and unencumbered amounts lapsed to the fund at the end of each fiscal year from DOR's annual appropriation for administration of the economic development surcharge.

T OURISM 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.

LRB-2066/1 - 2022 Legislature - 19 - ALL:all ASSEMBLY BILL 68 Mass burial monument at UW–Stevens Point The bill appropriates $100,000 to the Arts Board to provide a grant to a Native American artist through the Wisconsin Woodland Indian Art Initiative for the design, production, and installation on the UW–Stevens Point campus of a permanent marker in recognition of the Native Americans who died due to a scarlet fever epidemic.

New PR-S appropriation The bill creates a new appropriation for the Department of Tourism to expend moneys the department receives from other state agencies for the purposes for which those moneys are received.

CORRECTIONAL SYSTEM ADULT CORRECTIONAL SYSTEM Extended supervision Under current law, when a person is sentenced to prison, the person is given a bifurcated sentence, with the first portion of the sentence served in confinement in prison and the second portion of the sentence served in the community on extended supervision.

DOC may not discharge a person from extended supervision until the entire term of the bifurcated sentence is completed.

Under certain circumstances, the sentencing court may reduce the confinement portion of the bifurcated sentence, but current law does not allow the sentencing court to reduce the period of extended supervision.

The bill allows the sentencing court to reduce the term of a person's extended supervision if all of the following apply:

1.

The person has served the lesser of three years or 50 percent of the term of extended supervision without violating the conditions and rules of supervision.

2.

The person has met all of his or her financial obligations to the victim of the crime.

3.

The person is not required to register as a sex offender and is serving a sentence for a crime that is not a crime against life or bodily security or a specified crime against a child.

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 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 conditions or rules 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 - 2022 Legislature - 20 - LRB-2066/1 ALL:all ASSEMBLY BILL 68 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.

Revocation of probation, parole, or extended supervision Under current law, if a person violates a condition or rule of probation, parole, or extended supervision, the Division of Hearings and Appeals (DHA) in DOA, or DOC if a hearing is waived, may revoke that person's probation, parole, or extended supervision and return the person to confinement.

Under the bill, a person's probation, parole, or extended supervision may not be revoked for a rule violation unless one of the following conditions is met:

1.

The person committed three or more independent rule violations during his or her term of probation, parole, or extended supervision.

2.

The person violated a condition prohibiting contact with a specified individual.

3.

The person is a registered sex offender.

4.

When the person committed the rule violation, the person also allegedly committed a crime.

5.

The person failed to report for supervision for more than 60 consecutive days.

Sanctions for violating a condition or rule of probation, parole, or extended supervision Under current law, if a person admits to violating a rule or condition of probation, parole, or extended supervision, DOC may sanction the person with imprisonment for up to 90 days instead of revoking probation, parole, or extended supervision.

The bill changes the sanction procedure.

Under the bill, if the person does not admit to committing the rule violation, DHA holds a hearing on the violation.

If DHA determines that the person committed the violation, DHA may sanction the person with imprisonment for up to 30 days, or up to 90 days if the rule violation meets the grounds for revocation.

Under the bill, if the person admits to the alleged rule violation, DOC may impose the 30-day or 90-day sanction without a hearing.

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.

The bill expands the earned release program to include educational, vocational, treatment, or other qualifying training programs that are evidence-based to reduce recidivism.

The bill also provides that DOC, not the sentencing court, determines eligibility for all inmates.

Reports The bill requires DOC to submit the following annual reports to the governor, the legislature, and the director of state courts:

LRB-2066/1 - 2022 Legislature - 21 - ALL:all ASSEMBLY BILL 68 1.

A report on early discharges from extended supervision and the reduction in incarceration due to the earned compliance credit.

2.

A report on the expanded earned release program.

3.

A report on revocation of parole, extended supervision, and probation.

Each of these annual reports is required to include an accounting of the cost savings resulting from the relevant programs under the bill.

The bill requires DOC use the amount of the cost savings reported to pay for the extended supervision, earned release, and revocation programs under the bill.

The bill also requires DOC to conduct a onetime review and report to the governor, the legislature, and the director of state courts on all of the following:

1.

The efficacy of DOC's standard conditions and rules of supervision.

2.

DOC's evidence-based risk assessment tool.

3.

DOC's training of community supervision officers.

4.

The aging and elderly population in Wisconsin's prisons and possible options for alternatives to prison for that population.

Reduction of mandatory minimum sentences Under current law, a sentencing court may reduce the confinement portion of a bifurcated sentence if the inmate qualifies for a sentence adjustment, earned release, or compassionate release.

In State v.

Grazma, 2020 WI App 100, the Wisconsin Court of Appeals limited the sentencing court's ability to reduce the confinement portion of a bifurcated sentence if the person was serving a sentence for a crime that carried a mandatory minimum term of confinement.

The court held that under the earned release program, an inmate's term of confinement may not be reduced below an applicable mandatory minimum sentence.

The bill specifies that an inmate's term of confinement may be reduced below a mandatory minimum if the inmate qualifies for a reduction based on a sentence adjustment, earned release, or compassionate release.

Sentencing for youthful offenders Under current law, a person who is under the age of 17 and is alleged to have violated a criminal law is generally under the jurisdiction of the juvenile court and, upon being adjudged delinquent of such an act, is subject to one of the dispositions under the Juvenile Justice Code.

However, a person who is age 10 or older who is alleged to have committed certain crimes may be under the jurisdiction of the criminal court and, upon conviction, subject to sentencing under the criminal code.

The bill creates a sentence adjustment procedure for a “youthful offender,” defined under the bill as a person who committed a crime before he or she turned 18 years old and is subject to sentencing by the criminal court.

The bill prohibits a court from sentencing a youthful offender to life imprisonment without the possibility of parole or release to extended supervision, and creates new mitigating factors in the sentencing criteria when sentencing a youthful offender.

Finally, the bill eliminates statutory mandatory life sentences without parole for youthful offenders in order to align with federal constitutional law.

Under current law, an inmate can petition to reduce the confinement portion of his or her bifurcated sentence after serving a certain proportion of the sentence.

- 2022 Legislature - 22 - LRB-2066/1 ALL:all ASSEMBLY BILL 68 An inmate who is serving a life sentence can petition to be released to extended supervision or parole after serving at least 20 years of his or her sentence or after another date set by the sentencing court.

The bill creates a new procedure for a youthful offender, including a youthful offender who is serving a life sentence, to receive a sentence adjustment after serving 15 years of his or her sentence.

Under the bill, one year before the inmate is eligible to petition for the sentence adjustment, DOC is required to notify the youthful offender of his or her eligibility.

The court may reduce the term of imprisonment for the youthful offender and may modify the conditions of parole or extended supervision if the court determines that the interests of justice warrant a reduction, taking into account the factors enumerated in the bill.

If the court denies the petition under the bill, the youthful offender may petition again every five years, up to five times.

Under the bill, DOC is required to send a notice to all youthful offenders who have served at least 14 years of their sentences within six months after the bill takes effect.

Under current law, when a court makes a sentencing decision, it must consider certain guidelines, including whether there were any aggravating factors present.

Under the bill, when a court is sentencing a youthful offender, it must also consider mitigating factors related to the age and maturity of the youthful offender.

These sentencing guidelines for youthful offenders take effect retroactively under the bill, meaning that they apply to any conviction for which sentencing has already occurred.

Under current law, if a person is convicted of a serious felony on three separate occasions or a serious child sex offense on two separate occasions, the person is subject to a mandatory life sentence without the possibility of parole or extended supervision.

However, in Miller v.

Alabama, 567 U.S.

460 (2012), the U.S.

Supreme Court held that imposing a mandatory life sentence without parole for a minor constitutes cruel and unusual punishment and therefore violates the eighth amendment of the Constitution.

The bill clarifies that the statutory mandatory sentence of life imprisonment without the possibility of parole or extended supervision for repeat offenders does not apply to youthful offenders.

The bill also prohibits a court from imposing a life sentence without the possibility of parole or extended supervision for a youthful offender.

These changes to sentencing also apply retroactively under the bill.

Treatment of pregnant and postpartum person in prison and jail The bill limits the use of physical restraints on pregnant and postpartum people 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 every 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 LRB-2066/1 - 2022 Legislature - 23 - ALL:all ASSEMBLY BILL 68 access to certain health services related to pregnancy, labor, and the postpartum period.

Huber release for individuals on probation, parole, or extended supervision Under current law, a probationer who is detained in a county jail or other county facility for a probation violation may participate in Huber release for employment-related or medical purposes only if his or her probation is due to a misdemeanor conviction and the probation violation for which he or she is detained is not a crime.

The bill allows all probationers, parolees, and individuals on extended supervision who are detained pending disposition of revocation proceedings, investigation of a rule violation, or for a short-term sanction to participate in Huber release for any Huber purpose.

Baccalaureate degree program for prisoners The bill requires the UW System and DOC to provide a baccalaureate degree program for prisoners.

Prior to expending any funds appropriated for such a program, the UW System and DOC must submit a plan for implementing the program to DOA for approval.

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 also 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.

J UVENILE CORRECTIONAL SYSTEM Age of adult court jurisdiction Under current law, a person who is alleged to have violated a criminal law is generally subject to the jurisdiction of the criminal court if the person is at least 17 years old, and is subject to the jurisdiction of the juvenile court if the person is under the age of 17.

A person who is under the jurisdiction of the criminal court is subject to the procedures specified in the Criminal Procedure Code and, on conviction, is subject to sentencing under the Criminal Code.

A person who is under the jurisdiction of the juvenile court 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.

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 jurisdiction of the criminal court and, on conviction, to sentencing under the Criminal Code.

Similarly, under current law, 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 the municipal court, if the person is at least 17 years old, and, with certain exceptions, is subject to the jurisdiction of the juvenile court if the person is under the age of 17.

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.

- 2022 Legislature - 24 - LRB-2066/1 ALL:all ASSEMBLY BILL 68 The bill creates a sum sufficient appropriation under DCF for youth aids-related purposes, but only to reimburse counties, beginning on January 1, 2022, 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.

Age of delinquency Under current law, a child age 10 or over may be adjudged delinquent by the juvenile court for an act that would be a crime if committed by an adult.

Under the bill, only a child age 12 or over may be adjudged delinquent by the juvenile court for an act that would be a crime if committed by an adult.

Adult court jurisdiction over a juvenile Under current law, the juvenile court generally has exclusive jurisdiction over a juvenile, who is a person under the age of 17 who is alleged to have violated a criminal law.

However, under certain circumstances, a juvenile may automatically be under the jurisdiction of the adult court or may be waived into adult court jurisdiction through a petition to the court.

The bill changes the circumstances for adult court jurisdiction over a juvenile.

Original jurisdiction of the adult court over a juvenile The bill eliminates original adult court jurisdiction over a juvenile.

Under current law, the adult court has original jurisdiction over a juvenile who meets any of the following criteria: