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UPDATED: Gov. Evers takes action on 98 bills

By: WISCONSIN LAW JOURNAL STAFF//March 22, 2024//

Gov. Evers file photo

UPDATED: Gov. Evers takes action on 98 bills

By: WISCONSIN LAW JOURNAL STAFF//March 22, 2024//

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Wisconsin Gov. Tony Evers Friday took action on 44 bills. The governor signed:

Senate Bill 173, now 2023 Wisconsin Act 171:
• Modifies the format of death records to allow for the inclusion of two additional occupations beginning on Sept. 1, 2025.

Senate Bill 174, now 2023 Wisconsin Act 172:
• Requires any person who completes and signs a medical certification of death to use the electronic system of vital records to complete and sign the medical certification.

Senate Bill 175, now 2023 Wisconsin Act 173:
• Requires the Wisconsin Department of Health Services (DHS) to promote and encourage appropriate training for any person who is authorized to complete and sign a medical certification of death; and
• Requires DHS to compile a recommended set of training materials and resources related to medical certification of deaths, which must be accessible to any person authorized to sign a medical certification.

Senate Bill 176, now 2023 Wisconsin Act 174:
• Requires DHS to establish best practices for coroners and medical examiners for completing medical certifications and investigations of reportable deaths in consultation with organizations of coroners, medical examiners, and forensic pathologists, as well as any other organization that the department determines to be appropriate; and
• Requires DHS to make available and encourage the use of the established best practices by any office of a coroner or medical examiner and to periodically review and update the best practices, if necessary.

Senate Bill 178, now 2023 Wisconsin Act 175:
• Creates a requirement, in certain circumstances, for physicians, authorities of various medical institutions, or other persons required to report deaths under current law to contact a medical examiner or coroner within 24 hours after an individual either has presented at or is admitted to a hospital or similar institution, whichever is earlier, to determine whether the medical examiner or coroner is required to investigate a death; and
• The bill, as amended, would not apply to hospice facilities.

Assembly Bill 224, now 2023 Wisconsin Act 176:
• Expands the scope of the exception for respiratory care practitioners to cover any type of aircraft transporting a pediatric patient from one hospital to another.

Assembly Bill 616, now 2023 Wisconsin Act 177:
• Requires DHS to seek a waiver to begin to cover short-term stays for acute care in institutions for mental disease under the Medicaid program for beneficiaries ages 21 to 64.

Senate Bill 318, now 2023 Wisconsin Act 178:
• Adds tax-exempt search and rescue or recovery organizations that use human remains detection dogs to the list of organizations to whom a person may donate anatomical gifts.

Senate Bill 373, now 2023 Wisconsin Act 179:
• Provides greater access to over-the-counter hearing aids that do not require a prescription as specified under federal law by allowing hearing instrument specialists and audiologists to order hearing aids; and
• Clarifies that no license would be required to sell or fit over-the-counter hearing aids as defined under federal law.

Senate Bill 476, now 2023 Wisconsin Act 180:
• Prohibits the Medicaid program from requiring that telehealth providers have a physical address in the state.

Senate Bill 526, now 2023 Wisconsin Act 181:
• Adds two voting members to the Emergency Medical Services Board to represent rural volunteer departments and emergency medical technicians;
• Requires that at least two members of the board be an emergency medical responder, emergency medical technician, advanced emergency medical technician, or emergency medical technician-intermediate and have a local credentialing agreement solely with a volunteer department that serves a rural area or multiple volunteer departments that serve a rural area;
• Defines “rural area” as an area for which the population of the largest single municipality in the volunteer department’s service area is less than 10,000; and
• Specifies that the two new members of the board appointed on or after the effective date of the bill must meet the new criteria established under the bill.

Senate Bill 592, now 2023 Wisconsin Act 182:
• Increases Medicaid reimbursement rates for complex rehabilitation technology; and
• Requires DHS to submit various reports to the Wisconsin State Legislature relating to certain complex rehabilitation technology claims data and supplier data.

Senate Bill 671, now 2023 Wisconsin Act 183:
• Allows nurse aide students to work part-time as a nurse aide.

Senate Bill 672, now 2023 Wisconsin Act 184:
• Improves access to prescription drugs for Medicaid members by allowing DHS to enter into a value-based purchasing arrangement with a drug manufacturer for purposes of the Medicaid program.

Senate Bill 643, now 2023 Wisconsin Act 185:
• Modifies existing graduate medical training grants; and
• Creates a new graduate medical training grant for a graduate medical training consortium.

Senate Bill 788, now 2023 Wisconsin Act 186:
• Allows for the delegation of adjunctive services by chiropractors to qualified individuals who have completed an accredited medical assistant training program.

Senate Bill 868, now 2023 Wisconsin Act 187:
• Requires the Wisconsin Department of Revenue to place on income tax returns a method allowing a resident to elect to be designated as a donor of an anatomical gift for purposes of the Wisconsin Department of Transportation (WisDOT) donor registry; and
• Requires WisDOT to record these designations even if the donor does not have a driver’s license.
Senate Bill 964, now 2023 Wisconsin Act 188:
• Allows a physical therapist to issue the needed information for a person to be issued a disabled parking plate or card by WisDOT.

Senate Bill 728, now 2023 Wisconsin Act 189:
• Provides that any dog that is a service animal is exempt from the dog license tax.

Senate Bill 261, now 2023 Wisconsin Act 190:
• Modifies regulations around tanning facilities to strengthen consumer notifications regarding tanning safety; and
• Requires tanning facility owners to ensure that any child aged 16 or 17 has written permission from a parent or guardian to use the facility.

Senate Bill 707, now 2023 Wisconsin Act 191:
• Requires the Wisconsin Department of Children and Families to award grants of up to $10,000 each to nonprofit organizations to support a national reading program, Dolly Parton’s Imagination Library, which mails books free of charge to children from birth to age five.

Senate Bill 990, now 2023 Wisconsin Act 192:
• Expands who may offer literacy professional development as required by 2023 Wisconsin Act 20 to include cooperative educational service agencies (CESA); and
• Specifies that the criteria for CESA-provided professional development training to satisfy the Act 20 professional training requirements must have been provided by CESA 6, 8, or 9 after May 1, 2021, or before July 1, 2024, and must be on science-based early reading instruction.

Senate Bill 447, now 2023 Wisconsin Act 193:
• Allows undesignated glucagon, used to treat individuals with known Type 1 diabetes, to be prescribed by a physician, advanced nurse prescriber, or physician assistant to a school district or public school, independent charter school, private school, or Tribal school in the name of the school rather than a specific pupil;
• Enables the governing body of a school to authorize certain school personnel to administer the glucagon rescue therapy to a pupil on school premises or at a school-sponsored activity if the pupil’s prescribed glucagon is not available on-site or has expired;
• Specifies that school personnel must report administration of undesignated glucagon as soon as practicable by calling “911” or the number of an emergency medical provider if “911” is unavailable. School personnel must notify the school nurse; the parent, guardian, or emergency contact of the pupil; and the pupil’s health provider if known; and
• Grants civil liability immunity to a school and its school personnel, a physician, an advanced practice nurse prescriber, or a physician assistant who provides a prescription or standing order for undesignated glucagon for injuries that occur as a result of administration of undesignated glucagon, unless the injury is the result of gross negligence or willful or wanton misconduct.

Assembly Bill 223, now 2023 Wisconsin Act 194:
• Provides civil immunity for schools and school personnel for administering an opioid antagonist in a school setting; and
• Specifies that this civil immunity exists regardless of whether a student’s parent, guardian, or medical provider gave authorization. However, this civil immunity would not apply if an injury is the result of gross negligence or willful or wanton misconduct of the administering entity or person.

Assembly Bill 914, now 2023 Wisconsin Act 195:
• Allows schools to adopt a plan for management of pupils who have asthma to administer a short-acting bronchodilator to a pupil; and
• Allows a prescription for a short-acting bronchodilator to be issued in the name of a school and grants immunity from civil liability to designated personnel.

Assembly Bill 251, now 2023 Wisconsin Act 196:
• Modifies Wisconsin Department of Public Instruction (DPI) administrative rules to allow the state superintendent to issue a new type of two-year Tier I renewable license for a clinically trained marriage and family therapist; and
• States that this license would not allow the individual to work as a school social worker or school counselor, who are separately licensed.

Senate Bill 742, now 2023 Wisconsin Act 197:
• Removes the requirement that an alternative teacher certification program be operated by a nonstock, nonprofit organization for purposes of an initial license to teach.

Senate Bill 111, now 2023 Wisconsin Act 198:
• Redefines the terms “strip search” and “private area” to include undergarments to further protect students from any official, employee, or agent of any school or school district conducting strip searches.

Senate Bill 303, now 2023 Wisconsin Act 199:
• Replace the term “critical incident mapping data” with “interactive critical mapping data” for the purposes of school safety plans and the Critical Incident Mapping Data Grant Program; and
• Defines “interactive critical mapping data” as “interactive representations of a specific location that are verifiable, digital, shareable, and shown in real-time.”

Senate Bill 333, now 2023 Wisconsin Act 200:
• Makes it a Class I felony for any school staff member or volunteer to commit an act of sexual misconduct against a pupil enrolled in the school;
• Adds more violations to the offenses where the state superintendent must revoke a license issued by them without a hearing;
• Prohibits a licensee from ever having their license reinstated by the state superintendent if they are convicted of:
o A crime against a child that is a Class H felony or higher;
o A conviction for felony invasion of privacy or sexual misconduct by a school staff person or volunteer (which would be created by the bill); and
o Any of these violations under another federal law or the laws of another state.
• Provides that if an agency receives a report from a mandatory reporter of conduct that constitutes a violation of sexual misconduct by a school staff person or volunteer, then the agency must notify DPI of the allegation, including the person’s name and the name of the district or school where they work or volunteer; and
• Requires law enforcement to notify DPI if it receives a report of an alleged violation of sexual misconduct by a school staff person or volunteer.
Assembly Bill 1013, now 2023 Wisconsin Act 201:
• Requires DHS, through a competitive selection process, to contract with one or more nonprofit organizations to administer a healthy food incentive program statewide;
o Eligible retailers include supermarkets, grocery stores, farmers’ markets, nonprofit cooperatives, and farmers who sell directly to consumers, among other types of food sellers.
o Retailers must be authorized retailers in the FoodShare program participating in the healthy food incentive program.
• Requires a nonprofit organization to prioritize including in the healthy food incentive program eligible retailers that source fruits and vegetables primarily from Wisconsin growers;
• Allows DHS to limit the amount of benefits per day that a recipient is allowed to match through the healthy food incentive program;
• Limits the percentage of funding that is available for the healthy food incentive program that DHS may allocate to program development, promotion of outreach for the program, training, data collection, evaluation, administration, and reporting for the healthy food incentive program;
o DHS must allocate the rest of the funding to participating eligible retailers.
• Requires DHS to seek any available federal matching moneys from the Gus Schumacher Nutrition Incentive Program, which is a federal grant program administered by the National Institute of Food and Agriculture of the U.S. Department of Agriculture, to fund the healthy food incentive program; and
• Redirects general purpose revenue funding that had been appropriated to a healthy eating incentive pilot program to the healthy food incentive program.

Assembly Bill 569, now 2023 Wisconsin Act 202:
• Modifies WisDOT’s administrative rules to increase the scope of the waiver governing allowable locations of driver education schools relative to department driver testing sites to allow the distance requirement to be waived in municipalities with a population of less than 15,000 rather than the current population maximum of 10,000.

Senate Bill 416, now 2023 Wisconsin Act 203:
• Changes the requirements for counties to receive a veterans service office grant to require that the county veterans service officer must, if chosen after April 15, 2015, be a Wisconsin resident who served on active duty under honorable conditions in the U.S. Armed Forces or in forces incorporated as part of the U.S. Armed Forces and meets certain other conditions.

Senate Bill 546, now 2023 Wisconsin Act 204:
• Allows spouses of veterans to become members of the state veterans’ homes even if their veteran spouse is not a member.
Assembly Bill 385, now 2023 Wisconsin Act 205:
• Adds to the definition of “veteran” any person who was admitted to the United States under the Hmong Veterans’ Naturalization Act for the purposes of indicating veteran status on a driver’s license or identification card.

Assembly Bill 1079, now 2023 Wisconsin Act 206:
• Corrects an error in 2023 Wisconsin Act 47 by aligning the elements of sexual assault under the Wisconsin Code of Military Justice with the Uniform Code of Military Justice;
• Eliminates the requirement that an individual or their family must be a Wisconsin resident to be buried in a state veterans cemetery;
• Directs funding to cover some eligible burial expenses;
• Eliminates certain requirements for applicants for nonsupervisory positions providing direct care to residents of veterans homes;
• Allows veterans homes to fill positions for nurses, nurse aides, medical assistants, and dietitians without using the civil service procedure if the applicant graduates from an institution of higher education in this state or completes an approved instructional or training program in this state, the offer of employment is made before the applicant graduates or completes the instructional or training program, and the offer of employment is contingent upon graduation or successful completion of the instructional training program and eligibility for licensure or certification, where applicable;
• Reduces the period that the director must certify a register for vacant positions in the state civil service from 30 days to seven days after a state agency requests to have a position vacancy announced; and
• Requires the director to maintain the register of certified eligible applicants for vacant permanent positions at veterans homes until notified by the Wisconsin Department of Veterans Affairs that the agency no longer needs the register.

Assembly Bill 969, now 2023 Wisconsin Act 207:
• Makes changes to current law regarding the process by which a county sells land it has acquired by a tax-deed for the enforcement and collection of delinquent property taxes;
• Requires that counties give preference to former owners or heirs and beneficiaries of the former owners in selling the property and that counties must generally list properties within 240 days of acquiring them;
• Specifies that equity remaining after the sale of tax-deeded lands that are not claimed within one year shall be treated as unclaimed funds; and
• Provides exceptions for certain properties located in Milwaukee County.

Assembly Bill 918, now 2023 Wisconsin Act 208:
• Modernizes and promotes transparency in real estate transactions involving wholesalers;
• Requires the Real Estate Examining Board to notify a real estate brokerage firm regarding any disciplinary orders related to a licensee associated with the firm;
• Raises the maximum forfeiture that the board is allowed to assess to $5,000 from $1,000 and increases the maximum fine to $5,000 from $1,000;
• Requires real property wholesalers to provide disclosures to other parties that are involved in real property transactions;
• Requires wholesalers that are party to a purchase agreement to provide written notices prior to entering into an agreement with a seller or third party as follows: (a) to the seller, that the buyer is a wholesaler; and (b) to a third party to which the wholesaler intends to assign the wholesaler’s buyer’s rights, that the wholesaler is acting as such, holds an equitable interest in the property that is the subject of the transaction, and is transferring to the third party only rights under the purchase agreement (not title to the property itself);
• Provides that if the wholesaler fails to provide proper notice, the seller or third party may rescind the purchase agreement at any time before the closing and retain all deposits or fees paid by the wholesaler; and
• Creates a good faith civil liability exemption if a real estate licensee provides information from state or local governmental or quasi-governmental entities and that information is later determined to be inaccurate.

Assembly Bill 1075, now 2023 Wisconsin Act 209:
• Changes the allocation of funding awards by region under the Infrastructure Access Loan Program at the Wisconsin Housing and Economic Development Authority from 25 percent to 12.5 percent of the moneys deposited in the fund; and
• Removes the reference to “in any given application cycle” to ensure the cap would apply to the funding appropriated in the 2023-25 biennial budget.

Senate Bill 439, now 2023 Wisconsin Act 210:
• Prohibits discriminatory restrictions in deeds or other instruments affecting real property, including restrictions or covenants that prohibit or restrict the ownership, transfer, occupancy, or use of real property based on being a member of a protected class; and
• Creates a procedure to have a recorded discriminatory restriction discharged and released.

Assembly Bill 514, now 2023 Wisconsin Act 211:
• Prohibits contract language between the state or a political subdivision and any private entity performing professional design services that would require a private entity to indemnify or defend in a legal action the state or political subdivision; and
• Defines a “design professional service” as any service performed by a design professional, which would include architects, engineers-in-training, landscape architects, professional engineers, professional land surveyors, and Wisconsin-registered interior designers.

Assembly Bill 437, now 2023 Wisconsin Act 212:
• Modifies 16 different areas of statute relating to insurance, amending certain requirements and procedures of the Wisconsin Office of the Commissioner of Insurance and entities regulated by the office.

Assembly Bill 1073, now 2023 Wisconsin Act 213:
• Makes various changes to the worker’s compensation law, as administered by the Wisconsin Department of Workforce Development and the Division of Hearings and Appeals (DHA) within DOA.

Assembly Bill 954, now 2023 Wisconsin Act 214:
• Creates provisional licenses for certain internationally trained physicians to practice as a physician in this state;
• Establishes that the Medical Examining Board may issue a provisional license to an applicant who:
o Has an offer of employment from a federally qualified health center, a community health center, a hospital, an ambulatory surgical center, or other health care facility approved by the board;
o Was granted a medical doctorate or substantially similar degree by an international medical program;
o Completed a residency or postgraduate medical training program substantially similar to the state’s residency program;
o Practiced as a fully licensed physician in the country of practice for at least five years after completing a residency program or medical training program substantially similar to a residency program;
o Has practiced continuously as a physician in their country of practice for at least one of the five years immediately preceding the date of application for a provisional license;
o Is and has been in good standing with the medical licensing or regulatory agency within their country for five years preceding an application and has no pending disciplinary actions before such medical licensing or regulatory agency;
o Obtained certification by the Educational Council for Foreign Medical Graduates or another entity approved by the board;
o Passed all necessary steps in the United States Medical Licensing Examination (administered by the National Board of Medical Examiners and Federation of State Medical Boards) or any successor organizations;
o Has or will have federal immigration status and employment authorization enabling them to work as a physician in Wisconsin; and
o Has basic fluency in the English language.
• Requires that the holder of a provisional license may only practice under the supervision of a physician who is fully licensed to practice medicine and surgery, and the provisional license would automatically be converted to a permanent license once the holder practices in Wisconsin and is determined to be in good standing for three consecutive years.

Wisconsin Gov. Tony Evers Thursday also took action on 54 bills.

The governor also signed:

Assembly Bill 664, now 2023 Wisconsin Act 123:

• Requires disclosures regarding content generated by artificial intelligence in political advertisements.

Assembly Bill 298, now 2023 Wisconsin Act 124:

• Prohibits the closure of more than half of a municipality’s polling places within 30 days before an election;
• Prohibits the closure of any polling place within 30 days before an election unless a majority of members-elect of the municipal governing body make a finding of emergency and, along with the municipal clerk, approve the closure; and
• Requires the clerk to make certain public notices of closure.

Assembly Bill 330, now 2023 Wisconsin Act 125:

• Allows a candidate to turn in more than the maximum number of signatures and have those additional signatures reviewed and counted if the maximum set of signatures did not have a sufficient number of valid signatures for the candidate to qualify to be placed on the ballot.

Senate Bill 822, now 2023 Wisconsin Act 126:

• Requires all local and state committees, political parties, and conduits to register with and submit campaign finance reports to the Ethics Commission;
• Retains the current law opt-out provision for committees that accept contributions in a total amount or value of $1,000 or less during a campaign period;
• Protects election officials’ personal information and those who report suspected fraud;
• Under the bill, any person who causes bodily harm to an election official, including registration officials and clerks, would be guilty of a Class I felony if the person knows or has reason to know that the victim is an official and does not consent to the harm; and
• The bill would take effect on July 1, 2025.

Senate Bill 759, now 2023 Wisconsin Act 127:

• Makes several changes related to trusts, including administration, adopting the Uniform Powers of Appointment Act, adopting the Uniform Trust Decanting Act, and creating an exception under the general marital property law allowing digital property to be classified as individual property if certain criteria are met.

Senate Bill 773, now 2023 Wisconsin Act 128:

• Repeals the requirement that financial institutions provide advance notice to the Wisconsin Department of Financial Institutions (DFI) before the acquisition, placement, or operation of off-site ATMs;
• Makes it a Class H felony to intentionally cause impairment or interruption to any ATM or customer bank communications terminal;
• Expands the authority of credit unions to purchase, lease, hold, and convey certain real estate, subject to guidance from the Office of Credit Unions;
• Allows credit unions to issue or offer supplemental forms of capital, in the form and with the conditions specified by DFI. All applications for supplemental capital would have to be approved by DFI in writing and obtained prior to the issuance of the supplemental capital;
• Requires the board of a credit union to fill a vacancy on its board of directors within 90 days of the position becoming vacant, no matter the cause;
• Extends, from 30 days to 60 days, the time during which the Office of Credit Unions must determine whether an activity or power that becomes authorized for federally chartered credit unions should also be authorized for Wisconsin-chartered credit unions;
• Extends the time credit unions have to pay for their required examinations to 30 days after the completion of the examination;
• Removes the restriction on savings and loan associations that require all the loans they provide to be within a 100-mile radius of their office;
• Eliminates disclosure requirements that require lenders to notify a residential mortgage borrower in writing of: (a) the reason(s) for an adverse action on an application (unless a notice as required under federal law is delivered); (b) whether an application fee is refundable; (c) whether the interest rate and other terms of the agreement may change before the closing date; and (d) if the loan servicing for the residential mortgage is sold;
• Repeals certain disclosures required of lenders related to variable rate loans, including disclosure of the index used and its current base and the rights of a borrower with respect to a change in the interest rate;
• Extends the maximum maturity date of a promissory note issued by a municipality, county, or school district from 10 years to 20 years; and
• Increases, from $400,000 to $1,000,000, the maximum amount of compensation DFI can provide to the state or any local government in this state for losses resulting from the deposit of public moneys in a failed financial institution.

Senate Bill 626, now 2023 Wisconsin Act 129:

• Allows for a notary public to notarize the creation and execution of a limited financial power of attorney for a real estate transaction for a remotely located individual.

Senate Bill 898, now 2023 Wisconsin Act 130:

• Creates a procedure for estate planning documents to be notarized and/or witnessed remotely; and
• Modifies the requirements and procedure for executing certain estate planning documents.

Assembly Bill 574, now 2023 Wisconsin Act 131:

• Creates a regulatory framework for earned wage access service providers, regardless of whether they are physically located in Wisconsin;
• Requires these companies to be licensed by DFI; and
• Establishes requirements for providers of earned wage access services to Wisconsin residents to protect consumers.

Senate Bill 628, now 2023 Wisconsin Act 132:

• Defines a “vulnerable adult” as an adult who is at least 65 years of age or who has a physical or mental condition that substantially impairs their ability to care for their needs;
• Defines “financial service providers” to broadly include many financial institutions, including banks, savings and loan associations, credit unions, mortgage brokers, insurance companies, and check cashing services;
• Allows financial service providers to:
o Create a list of persons the vulnerable adult authorizes to be contacted if financial exploitation is suspected; and
o Notify certain individuals about the suspected financial exploitation, including the adult’s spouse or adult child; any co-owner, signatory, or beneficiary of the vulnerable adult’s account; and any person on the vulnerable adult’s list of authorized contacts on their account.

Senate Bill 485, now 2023 Wisconsin Act 133:

• Expands the crime of robbery of a financial institution to include creating circumstances that would cause a reasonable person to believe that the use of force was imminent, making it a Class C felony.

Senate Bill 451, now 2023 Wisconsin Act 134:

• Allows the city of Wisconsin Dells and the village of Lake Delton to use proceeds from their premier resort area tax to pay for public safety expenses, in addition to the currently allowed infrastructure expenses.

Senate Bill 787, now 2023 Wisconsin Act 135:

• Creates an exception to the 12 percent of equalized value limitation for Tax Incremental District (TID) Number 10 in the city of Evansville such that the base value of the district shall count as exactly four percent of the city’s equalized value;
• Disallows the lifespan extension for housing improvements otherwise available to TIDs for TID Number 10; and
• Applies the treatment of TID value increments to levy limits created under 2023 Wisconsin Act 12 to TID Number 10 despite the district being created before the set effective date of those provisions.

Senate Bill 880, now 2023 Wisconsin Act 136:

• Creates an exception to the 12 percent of equalized value limitation for the creation of TID Number 14 in the city of Stevens Point if the TID is created before October 1, 2024;
• Disallows the lifespan extension for housing improvements otherwise available to TIDs for TID Number 14; and
• Applies the treatment of TID value increments to levy limits created under 2023 Wisconsin Act 12 to TID Number 14 despite the district being created before the set effective date of those provisions.

Senate Bill 915, now 2023 Wisconsin Act 137:

• Extends the lifespan for TID Number 4 in the city of Antigo to 32 years; and
• Disallows the lifespan extension for housing improvements otherwise available to TIDs for TID Number 4.
Assembly Bill 742, now 2023 Wisconsin Act 138:
• Makes various technical changes to statutes related to the Wisconsin Department of Revenue (DOR) to remove obsolete provisions, eliminate certain ties to dates in the past, and reflect changes in technology;
• Removes the requirement that a property assessment change made by a board of review be made using red ink on the assessment roll and instead requires the clerk to enter the board’s new valuation and a note about the change from the assessor’s valuation into the assessment roll;
• Repeals the requirement that a sales tax exemption certificate issued by DOR be presented to claim the sales tax exemption for insulin, patient health care records, and farm-raised fish;
• Incorporates several technical changes to the Wisconsin Uniform Unclaimed Property Act;
• Updates certain references to, and incorporates definitions from, the Internal Revenue Code for the purpose of claiming the married persons tax credit;
• Repeals a lottery prize provision that applied to prizes awarded on or before Oct. 21, 1998, and would modify the requirement that lottery drawings must be videotaped and audiotaped to allow for digital video recordings to satisfy this requirement;
• Repeals a provision that requires a local board of review to compel the attendance of witnesses at the request of the person objecting to their property tax assessment. This provision was ruled unconstitutional in Metropolitan Associates v. City of Milwaukee in 2011;
• Removes obsolete tax deductions, credits, and exemptions for certain internet equipment purchased before July 1, 2009; and
• Repeals obsolete references to tax incremental financing districts that are closed. These provisions would take effect on January 1 after publication of the act.

Senate Bill 67, now 2023 Wisconsin Act 139:

• Defines “decommissioned” for the purposes of a power production plant;
• Makes changes to the phase-out of utility aid payments for decommissioned power plants to ensure municipalities and counties do not experience an immediate drop in their utility aid payments when a power production plant is decommissioned; and
• Provides that for power plants with multiple power generating units, utility aid payments would not be reduced if one or more units, but not all, permanently cease generating electricity.

Senate Bill 323, now 2023 Wisconsin Act 140:

• Eliminates the tax on telephone company tangible personal property beginning with assessments in 2027.

Senate Bill 351, now 2023 Wisconsin Act 141:

• Creates a sales and use tax exemption for the membership dues or fees to a Multiple Listing Service systems for participating real estate brokers.

Senate Bill 398, now 2023 Wisconsin Act 142:

• Creates a nonrefundable individual income tax credit for eligible transportation expenses incurred by an individual who is considered blind;
• Eligible transportation expenses would have to be unreimbursed and related to commuting to and from a claimant’s place of employment and be provided by mass transit, paratransit, taxicab, or a transportation network company;
• The credit would be equal to 50 percent of the claimant’s eligible expenses, up to a maximum of $1,500 per tax year;
• Provides an estimated $1.3 million annually in tax relief to blind individuals in Wisconsin beginning in fiscal year 2024-25; and
• Prohibits claimants from claiming amounts from ABLE accounts that are withdrawn to pay for such expenses, if the owner of the account or the person who deposited the funds into the account claimed a state individual income tax subtraction for the deposit.

Assembly Bill 627, now 2023 Wisconsin Act 143:

• Makes several modifications to the Business Development Tax Credit and the Enterprise Zone Jobs Tax Credit programs;
• Allows companies to qualify for tax credits for investing in the growth and productivity of their businesses without increasing or reducing their employee headcount from the previous year;
• Creates a new 15 percent incentive for investments in workforce housing and investments in child care programs;
• Specifies that the Wisconsin Economic Development Corporation (WEDC) must approve or deny certification within 90 days after receiving an application;
• Specifies that unused allocations from closed awards may be carried forward to future years; and
• Makes minor technical modifications to the Enterprise Zone Jobs Tax Credit.

Assembly Bill 932, now 2023 Wisconsin Act 144:

• Modifies one of the two criteria under which a business can qualify under the Qualified New Business Venture Program to simplify it with a single definition to include businesses that are engaged in, or committed to engage in, innovation if the innovation involves the development of a differentiating technology, product, service, or production process.

Assembly Bill 933, now 2023 Wisconsin Act 145:

• Extends the current law treatment for the early-stage seed investment credit to the angel investment credit, allowing those claimants to sell or transfer the angel investment credit; and
• Clarifies that credits may only be sold or transferred once in a 12-month period, and WEDC may charge a fee of up to five percent of the transferred credit amount, as under current law for transfers of the early-stage seed investment credit.

Senate Bill 616, now 2023 Wisconsin Act 146:

• Creates a sales tax exemption for the sale, storage, and use of portable machinery and equipment used for roads and commercial lot construction and resurfacing;
• Extends the capital gains exclusion to family members who inherit certain farms organized as a partnership or limited liability company;
• Allows the state lottery to engage in 50/50 games by clarifying the lottery would be exempt from posting estimated prize payouts and odds when the price or odds of winning are dependent on the number of participants;
• Shortens the time period in which a person can claim a winning ticket for the lottery share of a secondary or subsequent chance lottery drawing when the prizes are one-time events, such as trips or concerts. Wisconsin residents are currently excluded from these games;
• Increases the withholding threshold for employers of nonresidents from $1,500 to $2,000 to match the income tax filing threshold for nonresidents;
• Allows the department to extend the due date for Wisconsin qualified opportunity fund to file a Form WQOF;
• Extends the maximum number of years someone can serve as an appointed board member of a local exposition district from six years to nine years;
• Makes technical modifications to certain provisions related to 2023 Wisconsin Act 73;
• Makes technical clarification to the income and franchise tax exemption created in 2023 Wisconsin Act 19; and
• Provides DOR position authority.

Senate Bill 374, now 2023 Wisconsin Act 147:

• Requires DOR, in conjunction with the Minnesota Department of Revenue, to conduct a study on the effects of instituting income tax reciprocity between Wisconsin and Minnesota; and
• Requires that any income tax reciprocity agreement between Wisconsin and Minnesota applies to wages, salaries, tips, and commissions received by persons who reside in this state or Minnesota for at least 183 days during their taxable years and return to their state of residence at least once per month; does not have an expiration or termination date; and is approved by both the governor and the Joint Committee on Finance.

Assembly Bill 793, now 2023 Wisconsin Act 148:

• Makes modifications to the individual income tax treatment for contributions to and withdrawals from section 529 college savings accounts (529 accounts) and the employee college savings account contribution credit;
• Increases the maximum amount that can be deducted from contributions to a 529 account to $5,000 for most filers and $2,500 for married-separate filers;
• Requires the use of first-in, first-out accounting method for determining which withdrawals would be added to adjusted gross income and would restrict the use of carryover contributions in excess of the maximum deduction threshold if the carryover amount was withdrawn within 365 days of being first contributed;
• Links the definition of “qualified higher education expense” to federal law, which has been expanded to include expenses for apprenticeship programs and qualified education loan repayments; and
• Modifies the tax credit that employers may claim for contributions to employees’ 529 plans by increasing the maximum amount to the greater of 50 percent of the contribution or $800, adjusted annually for inflation.

Assembly Bill 29, now 2023 Wisconsin Act 149:

• Create a sales and use tax exemption for precious metal bullion;
• Defines “metal bullion” as coins, bars, rounds, or sheets that contain at least 35 percent gold, silver, copper, platinum, or palladium; and
• Specifies that tangible personal property such as jewelry, works of art, scrap metal, or electronics that contain, in whole or in part, precious metal bullion would not become exempt from the sales and use tax under the bill.

Assembly Bill 910, now 2023 Wisconsin Act 150:

• Specifies that no person may engage in the remote sale of cigars and pipe tobacco to consumers in Wisconsin unless that person has obtained a permit from DOR;
• Requires a seller to collect and remit the state’s tobacco products excise tax and applicable sales tax on the products it sells on a monthly (or under certain circumstances on a quarterly) basis to the department; and
• Requires remote sellers to verify the age of the purchaser.
Assembly Bill 912, now 2023 Wisconsin Act 151:
• Raises the threshold for a reviewed financial statement be increased from $300,000 to $500,000, and an audited financial statement from $500,000 to $1 million for nonprofit organizations.
Senate Bill 163, now 2023 Wisconsin Act 152:
• Aligns state statute with position title changes resulting from the University of Wisconsin-Extension restructuring, as related to the Agricultural Education and Workforce Development Council.

Senate Bill 271, now 2023 Wisconsin Act 153:

• Creates a temporary commercial driver training grant program at the Wisconsin Department of Workforce Development (DWD);
• Permits DWD to use Wisconsin Fast Forward funding for the commercial driver training grant program and creates a related zero-dollar appropriation specific to the commercial driver training grant program;
• Grants would be intended to offset up to 50 percent or $3,000 (whichever is less) of an employer’s cost of training a potential commercial driver’s license (CDL) holder;
• Grants would be available to commercial driver trainers that are registered with the Motor Carrier Safety Administration, have a training facility in Wisconsin, and provide training at that facility to a Wisconsin resident who obtains an initial CDL;
• Requires DWD by July 1 of each year to prepare a report summarizing the number and amount of grants awarded and to submit the report to the Wisconsin State Legislature; and
• Repeals the commercial driver training grant program on July 1, 2025.

Senate Bill 313, now 2023 Wisconsin Act 154:

• Increases the minimum fine issued to a driver for failing to stop for a school bus with flashing red lights activated from $30 to $500 and increases the maximum fine for such a violation from $300 to $1,000; and
• Codifies in statute the penalty of four demerit points against a person’s driving record for failing to stop for a school bus that is currently specified in the Wisconsin Department of Transportation’s (WisDOT) administrative rules.

Senate Bill 355, now 2023 Wisconsin Act 155:

• Increases the number of allowable warning lights on public utility or telecommunications vehicles to allow such vehicles to have four warning lights; and
• Allows flashing green lights to be used if the vehicle is being operated in the restoring or maintenance of utility service.

Senate Bill 363, now 2023 Wisconsin Act 156:

• Allows WisDOT to issue oversize and overweight permits for the transport of pig iron; and
• Limits vehicles that are issued a metallic or nonmetallic scrap overweight permit to operating on highways to the extent permitted under federal law and in a manner that would not jeopardize federal aid.

Senate Bill 413, now 2023 Wisconsin Act 157:

• Limits a highway setback to 50 feet from a highway; and
• Creates a special exception process for an owner of a parcel in a highway setback area to be granted a waiver to locate a structure or improvement within the highway setback area.

Senate Bill 431, now 2023 Wisconsin Act 158:

• Allows WisDOT to issue annual or consecutive month overweight permits for the transportation of fluid milk products from the producer to a processing facility with the following conditions:
o The gross weight does not exceed maximum weight restrictions by 18,000 pounds if the vehicle has six axles.
o On a six-axle vehicle, a single axle and wheel combination cannot impose on the highway an amount that exceeds 18,000 pounds.
o On a six-axle vehicle, an axle that steers or powers the vehicle cannot impose on the highway an amount that exceeds 13,000 pounds.
o To be considered an axle under the bill, an axle must impose at least eight percent of the vehicle’s gross weight.
o The permit would not authorize operation of any vehicle combination at a maximum gross weight exceeding 98,000 pounds.
o Vehicles under the provisions of the bill cannot operate on highways that are part of the national system of interstate and defense highways.
o Fluid milk products would be defined to include raw milk and liquid milk products and byproducts including liquid whey and whey byproducts.

Senate Bill 460, now 2023 Wisconsin Act 159:

• Extends current law penalties, requirements, and prohibitions that relate to traffic violations committed in a highway maintenance or construction area to apply to violations that occur in railroad maintenance and construction areas;
• Creates a definition for railroad maintenance and construction areas;
• Prohibits the use of cell phones in railroad maintenance and construction areas; and
• Stipulates that if a violation in a railroad maintenance and construction area results in a serious injury to another, the operator may be fined not more than $10,000, imprisoned for not more than nine months, or both.

Senate Bill 591, now 2023 Wisconsin Act 160:

• Requires approved driver education courses to acquaint students with the hazards posed by highway work zones and provide at least 30 minutes of instruction in safely dealing with these hazards; and
• Requires WisDOT to determine the materials to be used in the work zone safety instruction.

Senate Bill 654, now 2023 Wisconsin Act 161:
• Modifies administrative rules to allow WisDOT to issue to insurance companies headquartered outside of Wisconsin a certificate of title or any other type of title, in addition to a salvage title for a motor vehicle.

Senate Bill 753, now 2023 Wisconsin Act 162:

• Allow for the local bridge program and the petition for county aid program to be used in tandem by towns and counties to fund bridge and culvert projects; and
• Establishes that a project using the petition for county aid program that is also receiving funds under the local bridge program shall be managed by WisDOT.

Senate Bill 768, now 2023 Wisconsin Act 163:

• Specifies that the Department of Safety and Professional Services may not, by rule:
o Prohibit self-service dispensing by the general public of liquefied petroleum gas or compressed natural gas into an individual vehicle fuel tank; or
o Require completion of training to self-service dispense liquefied petroleum gas or compressed natural gas into an individual vehicle fuel tank.
• Requires the department to promulgate rules ensuring the safety of self-service dispensing of these gases, including a requirement that owners of dispensing devices display signage that provides step-by-step directions for dispensing gases into a vehicle and advising users of federal and state safety requirements for fueling.

Assembly Bill 230, now 2023 Wisconsin Act 164:

• Creates industry-specific provisions that regulate the relationship of recreational vehicle manufacturers and distributors with recreational vehicle dealers by creating clear processes for dispute resolution and requirements for formalized agreements between manufacturers, distributors, and dealers to benefit consumers and the industry; and
• Clarifies the definitions of recreational vehicles in terms of length and use.

Assembly Bill 550, now 2023 Wisconsin Act 165:

• Broadens eligibility for DWD technical education equipment grants;
• Specifies that consortia of multiple school districts may apply for a grant;
• Expands the uses of grants to include the enhancement or improvement of a technical education facility, and for equipment and related supplies for education in the construction sector;
• Targets at least one-third of the available funding for grants to rural school districts;
• Increases the maximum grant award to $100,000; and
• Modifies the match requirements for a grant.

Assembly Bill 637, now 2023 Wisconsin Act 166:

• Adds catalytic converters to the list of items that make up a major part of a motor vehicle for the purposes of theft.

Assembly Bill 869, now 2023 Wisconsin Act 167:

• Allows a snow removal vehicle to use traffic signal priority technology when actively engaged in snow removal activities; and
• Specifies that a signal preemption request from an authorized emergency vehicle must be given priority over any other signal priority request.

Assembly Bill 964, now 2023 Wisconsin Act 168:

• Allows minors to operate temporary, occasional businesses on public property by prohibiting local governments from requiring them to obtain a permit or license to operate. This prohibition would not apply to a business at which potentially hazardous food is sold.

Senate Bill 810, now 2023 Wisconsin Act 169:

• Specifies the requirements related to the funding set aside in 2023 Wisconsin Act 19 for the purposes of funding the Opportunity Attraction and Promotion Fund program created under WEDC;
• Specifies the eligible entities that may receive grants under the program and the eligible activities that can be paid for with those grants; and
• Specific uses of the grant would include one or more of the following activities:
o Bid against other states or jurisdictions outside Wisconsin to attract a given opportunity or event; and
o Host an opportunity or event that has been secured via a competitive bid against other states or jurisdictions outside Wisconsin.

Assembly Bill 548, now 2023 Wisconsin Act 170:

• Requires WEDC to create the Wisconsin-Ireland Trade Commission to:
o Promote trade between Wisconsin and the Republic of Ireland;
o Recommend actions related to issues of mutual interest between Wisconsin and the Republic of Ireland; and
o Encourage mutual economic support and investment and make recommendations to the governor and Legislature.
• The commission would be comprised of seven members:
o Two would be senators appointed by the president of the Senate, two would be members of the Assembly appointed by the speaker, and three would be members nominated by the governor with the advice and consent of the Senate.
o The bill would make the members subject to the same code of ethics that applies to certain public officials and employees.
• The commission must report its findings and recommendations to the governor and Legislature within one year of its initial organizational meeting and by February 1 of each succeeding year.

In addition to signing the above bills, Gov. Evers vetoed six bills. The governor’s veto messages are available below.

Veto Message for Assembly Bill 476

Veto Message for Assembly Bill 543

Veto Message for Assembly Bill 570

Veto Message for Assembly Bill 572

Veto Message for Senate Bill 549

Veto Message for Senate Bill 736

This story has been updated.

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