MADISON — Gov. Tony Evers today took action on 54 bills. The governor 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;
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Allows financial service providers to:
- Create a list of persons the vulnerable adult authorizes to be contacted if financial exploitation is suspected; and
- 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
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
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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:
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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:
- The gross weight does not exceed maximum weight restrictions by 18,000 pounds if the vehicle has six axles.
- On a six-axle vehicle, a single axle and wheel combination cannot impose on the highway an amount that exceeds 18,000 pounds.
- 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.
- To be considered an axle under the bill, an axle must impose at least eight percent of the vehicle’s gross weight.
- The permit would not authorize operation of any vehicle combination at a maximum gross weight exceeding 98,000 pounds.
- Vehicles under the provisions of the bill cannot operate on highways that are part of the national system of interstate and defense highways.
- 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:
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Specifies that the Department of Safety and Professional Services may not, by rule:
- Prohibit self-service dispensing by the general public of liquefied petroleum gas or compressed natural gas into an individual vehicle fuel tank; or
- 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:
Senate Bill 810, now 2023 Wisconsin Act 169:
Assembly Bill 548, now 2023 Wisconsin Act 170:
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- 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
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