Legislator
Legislator > Robert Brooks

State Representative
Robert Brooks
(R) - Wisconsin
Wisconsin Assembly District 59
In Office - Started: 01/06/2025

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Capitol Office

P.O. Box 8952
State Capitol, 2 E. Main St.
Madison, WI 53708
Phone: 608-237-9159
Phone 2: 888-534-0059

Voting Address

204 E. Dekora St.
Saukville, WI 53080

Bill Bill Name Summary Progress
AB123 Calculation of miles for purposes of relocation of a child 100 miles or more from the other parent in an action affecting the family. Under current law, a parent granted periods of physical placement with a child in an action affecting the family must obtain a court order if the parent intends to relocate and reside with the child 100 miles or more from the other parent if the other parent also has court-ordered periods of physical placement with the child. Also under current law, during the pendency of an action affecting the family, parties are generally prohibited from relocating and establishing a residence with a minor child of the parties that is more than 100 miles from the residence of the other party, if the party does not have consent of the other party or an order of the court. The requirement to obtain a court order allowing relocation does not apply if the parents already live more than 100 miles apart when a parent proposes to relocate and reside with the child, but in that situation, the parent who intends to relocate with the child must serve written notice of the intent to relocate on the other parent at least 60 days before relocation. This bill adds an express requirement that the 100-mile distance for purposes of these provisions must be calculated as Xdriving miles,Y defined in the bill to mean the actual distance traveling by road required to get from one location to another rather than the straight-line distance between those locations. In Committee
AB223 Residency requirements for persons circulating nomination papers or recall petitions. Under current law, any person may circulate nomination papers for a candidate if the person is eligible to vote in Wisconsin or is a U.S. citizen aged 18 or older who, if he or she were a Wisconsin resident, would not be disqualified from voting in the state. A person is eligible to vote in Wisconsin if he or she is a U.S. citizen aged 18 or older who has resided in an election district in this state for at least 28 consecutive days. Under this bill, a person must be eligible to vote in Wisconsin in order to circulate nomination papers for a candidate. However, under the bill, nomination papers and petitions for the candidacy of candidates for the offices of president and vice president of the United States may continue to be circulated by any person eligible to vote in Wisconsin or by any U.S. citizen aged 18 or older who, if he or she were a Wisconsin resident, would not be disqualified from voting in the state. Similarly, under current law, any person who is eligible to vote in Wisconsin or who is a U.S. citizen aged 18 or older and who, if he or she were a Wisconsin resident, would not be disqualified from voting in the state may circulate a recall petition. Under the bill, a person must be eligible to vote in Wisconsin in order to circulate a recall petition and have the signatures on the petition be counted toward a recall. In Committee
AB207 Information provided to voters concerning proposed constitutional amendments and other statewide referenda. (FE) Current law requires that each proposed constitutional amendment, contingent referendum, advisory referendum, or other proposal requiring a statewide referendum that is passed by the legislature include a complete statement of the ballot question to be voted on at the referendum. The ballot question may not be worded in such a manner as to require a negative vote to approve a proposition or an affirmative vote to disapprove a proposition. Also under current law, the attorney general must prepare an explanatory statement for each proposed constitutional amendment or other statewide referendum describing the effect of either a XyesY or XnoY vote on each ballot question. This bill eliminates the requirement that the attorney general prepare such an explanatory statement. Instead, the bill requires that each proposal for a constitutional amendment or other statewide referendum that passes both houses of the legislature contain a complete state referendum disclosure notice that includes all of the following: 1. The date of the referendum. 2. The entire text of the ballot question and proposed constitutional amendment or enactment, if any. 3. To the extent applicable, a plain language summary of current law. 4. An explanation in plain language of the effect of the proposed constitutional amendment or other statewide referendum. 5. An explanation in plain language of the effect of a XyesY vote and the effect of a XnoY vote. Under the bill, the content under items 3 to 5 combined may not exceed one page on paper not less than 8 1/2 inches by 11 inches and printed in at least 12- point font. Under the bill, the complete state referendum disclosure notice agreed to by both houses of the legislature must be included in the type C notice entitled XNotice of ReferendumY that each county clerk must provide prior to any referendum. Current law requires that the text of the type C notice be posted at polling places on election day in such a manner as to be readily observed by voters entering the polling place or waiting in line to vote. As such, the complete state referendum disclosure notice must be so posted at the polls on election day. Additionally, for at least 30 days prior to the date of a statewide referendum, the complete state referendum disclosure notice must be published by the Elections Commission on the website used for voter registration, currently titled MyVote Wisconsin, or other voter public access website maintained by the commission and must be posted by each county clerk at the county clerk[s office and published by the county clerk on the county clerk[s website. Finally, the notice must be included with absentee ballots provided to voters for voting in a statewide referendum. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB140 Limitations on the total value of taxable property that may be included in a tax incremental financing district created in the city of Port Washington. (FE) Under current law, the equalized value of taxable property of a new or amended tax incremental district (TID) plus the value increment of all existing TIDs in a city or village may not exceed 12 percent of the total equalized value of taxable property in the city or village. Under this bill, the 12 percent rule does not apply to TID Number 5 created by the city of Port Washington. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. Crossed Over
SB280 Interest earned on coronavirus state and local fiscal recovery funds. (FE) Under this bill, $172,000,000 is lapsed to the general fund from a federal program revenue appropriation to the Department of Administration on the date the bill becomes law. On May 9, 2025, the secretary of administration reported to the co-chairs of the Joint Legislative Audit Committee that, as of the end of April, the total interest earned on advanced coronavirus state and local fiscal recovery funds and credited to the federal program revenue appropriation was $171,487,101.82. Under current law, unless specifically provided by law, miscellaneous receipts collected by a state agency, such as interest earnings, must be credited to general purpose revenues of the general fund. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB287 The employment eligibility verification program and granting rule-making authority. (FE) State procurement Under current law, the Department of Administration, the legislature, the judiciary, and state authorities may purchase all necessary materials and contract for services. Current law also generally authorizes DOA to contract for construction work when the project cost is estimated to exceed $50,000. With some exceptions, such purchases or contracts must be awarded to the lowest bidder. This bill creates a new exception to the lowest-bidder award by prohibiting the state from purchasing or contracting for materials or services with an employer that does not verify, by using the Federal Employment Eligibility Verification Program (E-Verify Program), that all of its employees are eligible to work in the United States or that employs an individual after the E-Verify Program identifies that the individual is not eligible to work in the United States. The E-Verify Program is a system operated by the federal Department of Homeland Security and the federal Social Security Administration that allows an employer to enroll in the system and verify that its employees are eligible to work in the United States. LRB-0512/1 MIM:cdc 2025 - 2026 Legislature SENATE BILL 287 State government and local government employment practices This bill provides that a state government agency or local governmental unit that intends to hire an employee after the bill[s effective date must verify the individual[s identity under the E-Verify Program. A state government agency or local governmental unit may not offer employment to any individual who is identified under the E-Verify Program as ineligible to work in the United States. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB296 Enumeration of projects in the Authorized State Building Program, modifications to building program project budgets, selection of project architects and engineers, single prime contracting, agency cooperation with energy conservation contractors, timeline for claims before the Claims Board, and making a transfer to the state building trust fund. (FE) PROJECT ENUMERATIONS OF IN THE AUTHORIZED STATE BUILDING PROGRAM Under current law, the Building Commission may authorize the design and construction of any building, structure, or facility costing in excess of $2,000,000, only if that project is enumerated in the Authorized State Building Program, which appears in each biennial budget passed by the legislature. This bill eliminates that enumeration requirement for the design phase of a project and provides that the LRB-3201/1 MPG/MIM/JPC:skw 2025 - 2026 Legislature SENATE BILL 296 construction of any building, structure, or facility may not be enumerated in the authorized state building program unless the building commission determines that at least 50 percent of the project[s design phase has already been completed. REPORTS CONCERNING MODIFICATIONS TO BUILDING PROGRAM PROJECTS Under current law, the Building Commission has the authority to authorize limited changes in the program or budget of a building program project if the commission determines that unanticipated program conditions or bidding conditions require the change to effectively and economically construct the project. This bill requires that the Department of Administration submit a quarterly report to the Joint Committee on Finance and each voting member of the Building Commission that identifies each project for which the Building Commission has approved a budget increase and that identifies each project enumerated in the state building program for which DOA estimates a budget increase will be necessary for project completion, including a description of the reasons for the project budget shortfall. SELECTION OF PROJECT ARCHITECTS AND ENGINEERS Under current law, the secretary of administration is required to establish a committee for each construction project under DOA[s supervision, except certain emergency projects, for the purpose of selecting an architect or engineer for the project. If the estimated cost of a construction project is $7,400,000 or more, the selection committee must use a request-for-proposal process established by DOA to select an architect or engineer for the project based on qualifications. The bill raises that threshold to $15,000,000. SINGLE PRIME CONTRACTING The bill creates a new exception to single prime contracting for high-dollar building projects. Single prime contracting is a process in which the state contracts only with a general prime contractor who then must contract with subcontractors. Under current law, whenever the Building Commission determines that the use of innovative types of design and construction processes will make better use of the resources and technology available in the building industry, the commission may waive certain requirements related to single prime contracting, if the action is in the best interest of the state and is approved by the commission. Under the bill, for any project costing $200,000,000 or more, at the request of the agency for which the project is constructed, the Building Commission is required to waive certain single prime contracting requirements for the project, as requested by the agency. CERTAIN PROJECT BIDDING PROCEDURES Under the bill, at any time more than two days prior to the end of the period during which bids may be submitted for a building project, a bidder or potential bidder may submit a question to DOA concerning the project. Additionally, the bill provides that DOA may issue addenda at any time during the bidding period to LRB-3201/1 MPG/MIM/JPC:skw 2025 - 2026 Legislature SENATE BILL 296 modify or clarify the drawings and specifications for the project being bid or to extend the bidding period. COOPERATION WITH ENERGY CONSERVATION CONTRACTORS Current law authorizes DOA to contract with qualified contractors for the performance of energy conservation audits at state buildings, structures, and facilities and for the performance of construction work at a state building, structure, or facility for the purpose of realizing potential savings of future energy costs identified in an energy conservation audit. The bill requires DOA and the Board of Regents of the University of Wisconsin System to collaborate with energy service companies to identify and execute pilot projects using financing provided by the companies to upgrade facilities, reduce deferred maintenance, and increase sustainability. UTILITIES COSTS The bill provides that each state contract for construction work must state which party to the contract is responsible for paying project utility service connection charges and which party is responsible for paying for costs related to the consumption of utility services at the project site. ACTIONS AGAINST THE STATE RELATED TO CERTAIN CONTRACT CLAIMS Under current law, the Claims Board is required to receive, investigate, and make recommendations on all claims against the state of $10 or more that are referred to the board by DOA. The board is required to report its findings and recommendations on all claims referred to the board to the legislature. The board may deny a claim, directly pay a claim of up to $10,000, or recommend a payment in excess of $10,000 to the legislature. If the board concludes that a claim should be paid by the state and the board does not or may not directly pay the claim, current law requires the board to cause a bill to be drafted covering its recommendations. A claimant may commence a lawsuit against the state upon the refusal of the legislature to pass a bill allowing a claim. The bill creates a timeline for the board to hear and make a final determination upon certain claims related to contracts and, in addition to current law, allows claimants to bring actions against the state related to certain contract claims if certain conditions are met. Under the bill, any claim referred to the board that relates to a contract with the Department of Transportation for transportation infrastructure improvement or that relates to a contract with DOA or the Board of Regents of the University of Wisconsin System that is awarded under current law for construction projects must be heard by the board, and the board must make a final determination on the claim, within six months from the day that the claim was referred to the board. If the board concludes that the facts of the claim would be more properly adjudicated in a court of law or if the board fails to make a final determination on the claim within six months from the date that the claim was referred to the board, the bill allows the claimant to commence an action against the state seeking judgment on the claim as provided under current law. LRB-3201/1 MPG/MIM/JPC:skw 2025 - 2026 Legislature SENATE BILL 296 TRANSFER TO THE BUILDING TRUST FUND The bill transfers $32,000,000 from the general fund to the building trust fund in fiscal year 2024-25. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB289 Requirements for proposed administrative rules that impose any costs. Under current law, if a proposed administrative rule is reasonably expected to pass along $10,000,000 or more in implementation and compliance costs to businesses, local governmental units, and individuals over any two-year period, the agency proposing the rule must stop working on the proposed rule until 1) the agency modifies the proposed rule to reduce the expected costs or 2) a bill is enacted that allows the agency to promulgate the proposed rule. These requirements do not apply to emergency rules or to certain rules proposed by the Department of Natural Resources that relate to air quality and that are required under federal law. This bill changes those requirements so that the requirements apply when a proposed rule is reasonably expected to pass along any amount of implementation and compliance costs to businesses, local governmental units, and individuals over any two-year period. Under the bill, the agency proposing such a rule must stop LRB-2514/1 MED:cdc 2025 - 2026 Legislature SENATE BILL 289 working on the proposed rule until 1) the agency modifies the proposed rule to eliminate the expected costs; 2) a bill is enacted that allows the agency to promulgate the proposed rule; or 3) the agency promulgates or has promulgated a different rule, in the same calendar year as proposing the rule at issue, that is reasonably expected to reduce implementation and compliance costs to businesses, local governmental units, and individuals over any two-year period, in an amount that will offset the amount of costs resulting from the proposed rule at issue. The bill also requires an agency, in the economic impact analysis of a proposed rule that the agency is required to prepare, to include an estimate of the total implementation and compliance cost savings that are reasonably expected to be realized by businesses, local governmental units, and individuals as a result of the proposed rule, expressed as a single dollar figure. In Committee
AB241 Required ratio of journeyworkers to apprentices in apprenticeship programs and contracts. Under current law, the Department of Workforce Development may not prescribe, enforce, or authorize a ratio of apprentices to journeyworkers for apprenticeship programs or apprentice contracts that requires more than one journeyworker for each apprentice. This bill increases the allowable ratio to one journeyworker to two apprentices. In Committee
SB242 Required ratio of journeyworkers to apprentices in apprenticeship programs and contracts. Under current law, the Department of Workforce Development may not prescribe, enforce, or authorize a ratio of apprentices to journeyworkers for apprenticeship programs or apprentice contracts that requires more than one journeyworker for each apprentice. This bill increases the allowable ratio to one journeyworker to two apprentices. In Committee
AJR10 The freedom to gather in places of worship during a state of emergency (second consideration). relating to: the freedom to gather in places of worship during a state of emergency (second consideration). Analysis by the Legislative Reference Bureau EXPLANATION OF PROPOSAL This proposed constitutional amendment, to be given second consideration by the 2025 legislature for submittal to the voters in November 2026, was first considered by the 2023 legislature in 2023 Senate Joint Resolution 54, which became 2023 Enrolled Joint Resolution 11. This constitutional amendment provides that the state or a political subdivision of the state may not order the closure of or forbid gatherings in places of worship in response to a state of emergency at the national, state, or local level, including an emergency related to public health. PROCEDURE FOR SECOND CONSIDERATION When a proposed constitutional amendment is before the legislature on second consideration, any change in the text approved by the preceding legislature causes the proposed constitutional amendment to revert to first consideration status so that second consideration approval would have to be given by the next legislature before the proposal may be submitted to the people for ratification [see joint rule 57 (2)]. If the legislature approves a proposed constitutional amendment on second LRB-0654/1 MPG:emw 2025 - 2026 Legislature consideration, it must also set the date for submitting the proposed constitutional amendment to the people for ratification and must determine the question or questions to appear on the ballot. In Committee
AB34 Court-issued criminal complaints in officer-involved deaths. Under current law, a district attorney has the discretion as to whether or not to issue a complaint to charge a person with a crime. Current law also provides that, if a district attorney refuses to issue a complaint against a person, a judge may conduct a hearing to determine if there is probable cause to believe that the person committed a crime and, if so, issue a complaint. Under this bill, when there is an officer-involved death, which is a death that results directly from an action or an omission of a law enforcement officer, and the district attorney determined there was no basis to prosecute the officer, a court may not issue a complaint against the involved officer unless there is new or unused evidence presented. In Committee
AB217 Local government competitive bidding thresholds. (FE) Under current law, in general, if the estimated cost of a local government public works project is between $5,000 and $25,000, the local governmental unit must provide a notice before it contracts. If the estimated cost exceeds $25,000, the local governmental unit must solicit bids and award the contract to the lowest responsible bidder. This bill increases the notice threshold to $10,000 and the bidding threshold to $50,000 and adjusts these amounts quinquennially for inflation. The bill also provides exceptions to these bidding requirements for 1) public work by a county for the purpose of providing housing for persons placed on supervised release as sexually violent persons and 2) improvements that are constructed by a private person and donated to a town or county after the completion of construction. With regard to the latter, a similar exception for donated improvements currently exists for improvements donated to a city or village. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB146 Requests for information from employers about unemployment insurance claims. Under current rules of the Department of Workforce Development, in order to determine unemployment insurance (UI) benefit claims, DWD may require employers to provide information about claimants[ employment separations, dates of work, wages and other payments, and other issues that may be disqualifying. This bill requires DWD to allow an employer no less than 12 business days to respond to an initial request for information about a UI benefit claim. In Committee
AB173 Regulation of pharmacy benefit managers, fiduciary and disclosure requirements on pharmacy benefit managers, and application of prescription drug payments to health insurance cost-sharing requirements. (FE) This bill makes several changes to the regulation of pharmacy benefit managers and their interactions with pharmacies and pharmacists. Under current law, pharmacy benefit managers are generally required to be licensed as a pharmacy benefit manager or an employee benefit plan administrator by the commissioner of insurance. A pharmacy benefit manager is an entity that contracts to administer or manage prescription drug benefits on behalf of an insurer, a cooperative, or another entity that provides prescription drug benefits to Wisconsin residents. Major provisions of the bill are summarized below. Pharmacy benefit manager regulation The bill requires a pharmacy benefit manager to pay a pharmacy or pharmacist a professional dispensing fee at a rate not less than is paid by the state under the Medical Assistance program for each pharmaceutical product that the pharmacy or pharmacist dispenses to an individual. The professional dispensing fee is required to be paid in addition to the amount the pharmacy benefit manager reimburses the pharmacy or pharmacist for the cost of the pharmaceutical product that the pharmacy or pharmacist dispenses. The Medical Assistance program is a joint state and federal program that provides health services to individuals who have limited financial resources. The bill prohibits a pharmacy benefit manager from assessing, charging, or collecting from a pharmacy or pharmacist any form of remuneration that passes from the pharmacy or pharmacist to the pharmacy benefit manager including claim-processing fees, performance-based fees, network-participation fees, or accreditation fees. Further, under the bill, a pharmacy benefit manager may not use any certification or accreditation requirement as a determinant of pharmacy network participation that is inconsistent with, more stringent than, or in addition to the federal requirements for licensure as a pharmacy and the requirements for licensure as a pharmacy provided under state law. The bill requires a pharmacy benefit manager to allow a participant or beneficiary of a pharmacy benefits plan or program that the pharmacy benefit manager serves to use any pharmacy or pharmacist in this state that is licensed to dispense the pharmaceutical product that the participant or beneficiary seeks to obtain if the pharmacy or pharmacist accepts the same terms and conditions that the pharmacy benefit manager establishes for at least one of the networks of pharmacies or pharmacists that the pharmacy benefit manager has established to serve individuals in the state. A pharmacy benefit manager may establish a preferred network of pharmacies or pharmacists and a nonpreferred network of pharmacies or pharmacists; however, under the bill, a pharmacy benefit manager may not prohibit a pharmacy or pharmacist from participating in either type of network provided that the pharmacy or pharmacist is licensed by this state and the federal government and accepts the same terms and conditions that the pharmacy benefit manager establishes for other pharmacies or pharmacists participating in the network that the pharmacy or pharmacist wants to join. Under the bill, a pharmacy benefit manager may not charge a participant or beneficiary of a pharmacy benefits plan or program that the pharmacy benefit manager serves a different copayment obligation or additional fee, or provide any inducement or financial incentive, for the participant or beneficiary to use a pharmacy or pharmacist in a particular network of pharmacies or pharmacists that the pharmacy benefit manager has established to serve individuals in the state. Further, the bill prohibits a pharmacy benefit manager, third-party payer, or health benefit plan from excluding a pharmacy or pharmacist from its network because the pharmacy or pharmacist serves less than a certain portion of the population of the state or serves a population living with certain health conditions. The bill provides that a pharmacy benefit manager may neither prohibit a pharmacy or pharmacist that dispenses a pharmaceutical product from, nor penalize a pharmacy or pharmacist that dispenses a pharmaceutical product for, informing an individual about the cost of the pharmaceutical product, the amount in reimbursement that the pharmacy or pharmacist receives for dispensing the pharmaceutical product, or any difference between the cost to the individual under the individual[s pharmacy benefits plan or program and the cost to the individual if the individual purchases the pharmaceutical product without making a claim for benefits under the individual[s pharmacy benefits plan or program. The bill prohibits any pharmacy benefit manager or any insurer or self- insured health plan from requiring, or penalizing a person who is covered under a health insurance policy or plan for using or for not using, a specific retail, mail- order, or other pharmacy provider within the network of pharmacy providers under the policy or plan. Prohibited penalties include an increase in premium, deductible, copayment, or coinsurance. The bill requires pharmacy benefit managers to remit payment for a claim to a pharmacy or pharmacist within 30 days from the day that the claim is submitted to the pharmacy benefit manager by the pharmacy or pharmacist. Pharmaceutical product reimbursements The bill provides that a pharmacy benefit manager that uses a maximum allowable cost list must include all of the following information on the list: 1) the average acquisition cost of each pharmaceutical product and the cost of the pharmaceutical product set forth in the national average drug acquisition cost data published by the federal centers for medicare and medicaid services; 2) the average manufacturer price of each pharmaceutical product; 3) the average wholesale price of each pharmaceutical product; 4) the brand effective rate or generic effective rate for each pharmaceutical product; 5) any applicable discount indexing; 6) the federal upper limit for each pharmaceutical product published by the federal centers for medicare and medicaid services; pharmaceutical product; and 8) any other terms that are used to establish the maximum allowable costs. The bill provides that a pharmacy benefit manager may place or continue a particular pharmaceutical product on a maximum allowable cost list only if the pharmaceutical product 1) is listed as a drug product equivalent or is rated by a nationally recognized reference as Xnot ratedY or Xnot availableY; 2) is available for purchase by all pharmacies and pharmacists in the state from national or regional pharmaceutical wholesalers operating in the state; and 3) has not been determined by the drug manufacturer to be obsolete. Further, the bill provides that any pharmacy benefit manager that uses a maximum allowable cost list must provide access to the maximum allowable cost list to each pharmacy or pharmacist subject to the maximum allowable cost list, update the maximum allowable cost list on a timely basis, provide a process for a pharmacy or pharmacist subject to the maximum allowable cost list to receive notification of an update to the maximum allowable cost list, and update the maximum allowable cost list no later than seven days after the pharmacy acquisition cost of the pharmaceutical product increases by 10 percent or more from at least 60 percent of the pharmaceutical wholesalers doing business in the state or there is a change in the methodology on which the maximum allowable cost list is based or in the value of a variable involved in the methodology. A maximum allowable cost list is a list of pharmaceutical products that sets forth the maximum amount that a pharmacy benefit manager will pay to a pharmacy or pharmacist for dispensing a pharmaceutical product. A maximum allowable cost list may directly establish maximum costs or may set forth a method for how the maximum costs are calculated. The bill further provides that a pharmacy benefit manager that uses a maximum allowable cost list must provide a process for a pharmacy or pharmacist to appeal and resolve disputes regarding claims that the maximum payment amount for a pharmaceutical product is below the pharmacy acquisition cost. A pharmacy benefit manager that receives an appeal from or on behalf of a pharmacy or pharmacist under this bill is required to resolve the appeal and notify the pharmacy or pharmacist of the pharmacy benefit manager[s determination no later than seven business days after the appeal is received. If the pharmacy benefit manager grants the relief requested in the appeal, the bill requires the pharmacy benefit manager to make the requested change in the maximum allowable cost, allow the pharmacy or pharmacist to reverse and rebill the relevant claim, provide to the pharmacy or pharmacist the national drug code number published in a directory by the federal Food and Drug Administration on which the increase or change is based, and make the change effective for each similarly situated pharmacy or pharmacist subject to the maximum allowable cost list. If the pharmacy benefit manager denies the relief requested in the appeal, the bill requires the pharmacy benefit manager to provide the pharmacy or pharmacist a reason for the denial, the national drug code number published in a directory by the FDA for the pharmaceutical product to which the claim relates, and the name of a national or regional wholesaler that has the pharmaceutical product currently in stock at a price below the amount specified in the pharmacy benefit manager[s maximum allowable cost list. The bill provides that a pharmacy benefit manager may not deny a pharmacy[s or pharmacist[s appeal if the relief requested in the appeal relates to the maximum allowable cost for a pharmaceutical product that is not available for the pharmacy or pharmacist to purchase at a cost that is below the pharmacy acquisition cost from the pharmaceutical wholesaler from which the pharmacy or pharmacist purchases the majority of pharmaceutical products for resale. If a pharmaceutical product is not available for a pharmacy or pharmacist to purchase at a cost that is below the pharmacy acquisition cost from the pharmaceutical wholesaler from which the pharmacy or pharmacist purchases the majority of pharmaceutical products for resale, the pharmacy benefit manager must revise the maximum allowable cost list to increase the maximum allowable cost for the pharmaceutical product to an amount equal to or greater than the pharmacy[s or pharmacist[s pharmacy acquisition cost and allow the pharmacy or pharmacist to reverse and rebill each claim affected by the pharmacy[s or pharmacist[s inability to procure the pharmaceutical product at a cost that is equal to or less than the maximum allowable cost that was the subject of the pharmacy[s or pharmacist[s appeal. The bill prohibits a pharmacy benefit manager from reimbursing a pharmacy or pharmacist in the state an amount less than the amount that the pharmacy benefit manager reimburses a pharmacy benefit manager affiliate for providing the same pharmaceutical product. Under the bill, a pharmacy benefit manager affiliate is a pharmacy or pharmacist that is an affiliate of a pharmacy benefit manager. Finally, the bill allows a pharmacy or pharmacist to decline to provide a pharmaceutical product to an individual or pharmacy benefit manager if, as a result of a maximum allowable cost list, the pharmacy or pharmacist would be paid less than the pharmacy acquisition cost of the pharmacy or pharmacist providing the pharmaceutical product. Drug formularies This bill makes several changes with respect to drug formularies. Under current law, a disability insurance policy that offers a prescription drug benefit, a self-insured health plan that offers a prescription drug benefit, or a pharmacy benefit manager acting on behalf of a disability insurance policy or self-insured health plan must provide to an enrollee advanced written notice of a formulary change that removes a prescription drug from the formulary of the policy or plan or that reassigns a prescription drug to a benefit tier for the policy or plan that has a higher deductible, copayment, or coinsurance. The advanced written notice of a formulary change must be provided no fewer than 30 days before the expected date of the removal or reassignment. This bill provides that a disability insurance policy or self-insured health plan that provides a prescription drug benefit shall make the formulary and all drug costs associated with the formulary available to plan sponsors and individuals prior to selection or enrollment. Further, the bill provides that no disability insurance policy, self-insured health plan, or pharmacy benefit manager acting on behalf of a disability insurance policy or self-insured health plan may remove a prescription drug from the formulary except at the time of coverage renewal. Finally, the bill provides that advanced written notice of a formulary change must be provided no fewer than 90 days before the expected date of the removal or reassignment of a prescription drug on the formulary. Pharmacy networks Under the bill, if an enrollee utilizes a pharmacy or pharmacist in a preferred network of pharmacies or pharmacists, no disability insurance policy or self- insured health plan that provides a prescription drug benefit or pharmacy benefit manager that provides services under a contract with a policy or plan may require the enrollee to pay any amount or impose on the enrollee any condition that would not be required if the enrollee utilized a different pharmacy or pharmacist in the same preferred network. Further, the bill provides that any disability insurance policy or self-insured health plan that provides a prescription drug benefit, or any pharmacy benefit manager that provides services under a contract with a policy or plan, that has established a preferred network of pharmacies or pharmacists must reimburse each pharmacy or pharmacist in the same network at the same rates. Audits of pharmacists and pharmacies This bill makes several changes to audits of pharmacists and pharmacies. The bill requires an entity that conducts audits of pharmacists and pharmacies to ensure that each pharmacist or pharmacy audited by the entity is audited under the same standards and parameters as other similarly situated pharmacists or pharmacies audited by the entity, that the entity randomizes the prescriptions that the entity audits and the entity audits the same number of prescriptions in each prescription benefit tier, and that each audit of a prescription reimbursed under Part D of the federal Medicare program is conducted separately from audits of prescriptions reimbursed under other policies or plans. The bill prohibits any pharmacy benefit manager from recouping reimbursements made to a pharmacist or pharmacy for errors that involve no actual financial harm to an enrollee or a policy or plan sponsor unless the error is the result of the pharmacist or pharmacy failing to comply with a formal corrective action plan. The bill further prohibits any pharmacy benefit manager from using extrapolation in calculating reimbursements that it may recoup, and instead requires a pharmacy benefit manager to base the finding of errors for which reimbursements will be recouped on an actual error in reimbursement and not a projection of the number of patients served having a similar diagnosis or on a projection of the number of similar orders or refills for similar prescription drugs. The bill provides that a pharmacy benefit manager that recoups any reimbursements made to a pharmacist or pharmacy for an error that was the cause of financial harm must return the recouped reimbursement to the enrollee or the policy or plan sponsor who was harmed by the error. Pharmacy benefit manager fiduciary and disclosure requirements The bill provides that a pharmacy benefit manager owes a fiduciary duty to a health benefit plan sponsor. The bill also requires that a pharmacy benefit manager annually disclose all of the following information to the health benefit plan sponsor: 1. The indirect profit received by the pharmacy benefit manager from owning a pharmacy or health service provider. 2. Any payments made to a consultant or broker who works on behalf of the plan sponsor. 3. From the amounts received from drug manufacturers, the amounts retained by the pharmacy benefit manager that are related to the plan sponsor[s claims or bona fide service fees. 4. The amounts received from network pharmacies and pharmacists and the amount retained by the pharmacy benefit manager. Discriminatory reimbursement of 340B entities The bill prohibits a pharmacy benefit manager from taking certain actions with respect to 340B covered entities, pharmacies and pharmacists contracted with 340B covered entities, and patients who obtain prescription drugs from 340B covered entities. The 340B drug pricing program is a federal program that requires pharmaceutical manufacturers that participate in the federal Medicaid program to sell outpatient drugs at discounted prices to certain health care organizations that provide health care for uninsured and low-income patients. Entities that are eligible for discounted prices under the 340B drug pricing program include federally qualified health centers, critical access hospitals, and certain public and nonprofit disproportionate share hospitals. The bill prohibits pharmacy benefit managers from doing any of the following: 1. Refusing to reimburse a 340B covered entity or a pharmacy or pharmacist contracted with a 340B covered entity for dispensing 340B drugs. 2. Imposing requirements or restrictions on 340B covered entities or pharmacies or pharmacists contracted with 340B covered entities that are not imposed on other entities, pharmacies, or pharmacists. 3. Reimbursing a 340B covered entity or a pharmacy or pharmacist contracted with a 340B covered entity for a 340B drug at a rate lower than the amount paid for the same drug to pharmacies or pharmacists that are not 340B covered entities or pharmacies or pharmacists contracted with a 340B covered entity. 4. Assessing a fee, charge back, or other adjustment against a 340B covered entity or a pharmacy or pharmacist contracted with a 340B covered entity after a claim has been paid or adjudicated. 5. Restricting the access of a 340B covered entity or a pharmacy or pharmacist contracted with a 340B covered entity to a third-party payer[s pharmacy network solely because the 340B covered entity or the pharmacy or pharmacist contracted with a 340B covered entity participates in the 340B drug pricing program. 6. Requiring a 340B covered entity or a pharmacy or pharmacist contracted with a 340B covered entity to contract with a specific pharmacy or pharmacist or health benefit plan in order to access a third-party payer[s pharmacy network. 7. Imposing a restriction or an additional charge on a patient who obtains a 340B drug from a 340B covered entity or a pharmacy or pharmacist contracted with a 340B covered entity. 8. Restricting the methods by which a 340B covered entity or a pharmacy or pharmacist contracted with a 340B covered entity may dispense or deliver 340B drugs. 9. Requiring a 340B covered entity or a pharmacy or pharmacist contracted with a 340B covered entity to share pharmacy bills or invoices with a pharmacy benefit manager, a third-party payer, or a health benefit plan. Application of prescription drug payments Health insurance policies and plans often apply cost-sharing requirements and out-of-pocket maximum amounts to the benefits covered by the policy or plan. A cost-sharing requirement is a share of covered benefits that an insured is required to pay under a health insurance policy or plan. Cost-sharing requirements include copayments, deductibles, and coinsurance. An out-of-pocket maximum amount is a limit specified by a policy or plan on the amount that an insured pays, and, once that limit is reached, the policy or plan covers the benefit entirely. The bill generally requires health insurance policies that offer prescription drug benefits, self-insured health plans, and pharmacy benefit managers acting on behalf of policies or plans to apply amounts paid by or on behalf of an individual covered under the policy or plan for brand name prescription drugs to any cost- sharing requirement or to any calculation of an out-of-pocket maximum amount of the policy or plan. Health insurance policies are referred to in the bill as disability insurance policies. Prohibited retaliation The bill prohibits a pharmacy benefit manager from retaliating against a pharmacy or pharmacist for reporting an alleged violation of certain laws applicable to pharmacy benefit managers or for exercising certain rights or remedies. Retaliation includes terminating or refusing to renew a contract with a pharmacy or pharmacist, subjecting a pharmacy or pharmacist to increased audits, or failing to promptly pay a pharmacy or pharmacist any money that the pharmacy benefit manager owes to the pharmacy or pharmacist. The bill provides that a pharmacy or pharmacist may bring an action in court for injunctive relief if a pharmacy benefit manager is retaliating against the pharmacy or pharmacist as provided in the bill. In addition to equitable relief, the court may award a pharmacy or pharmacist that prevails in such an action reasonable attorney fees and costs. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB174 Transmission facilities; installation of large wind energy, large solar energy, and battery energy storage systems; installation of light-mitigating technology systems; and prioritizing nuclear energy resources. (FE) This bill does the following, described in further detail below: 1) establishes a competitive bidding requirement for certain transmission facility contracts and establishes an audit process to review such contracts; 2) grants certain rights to incumbent transmission facility owners; construction of large wind energy systems, large solar energy systems, and battery energy storage systems, including the purchase of certain agricultural conservation easements when such systems are located on prime farmland; 4) makes nuclear energy a state policy priority; and 5) requires the installation of light-mitigating technology systems on certain wind energy systems and transmission line towers. Competitive bidding requirement for certain transmission projects The bill requires owners of proposed transmission facilities for which a certificate of public convenience and necessity (CPCN) is required from the Public Service Commission to let certain transmission facility contracts by competitive bidding. Under the bill, a Xtransmission facility contractY is a contract for the design of, construction of, or furnishing of materials for a transmission facility. Current law requires a person seeking to construct a high-voltage transmission line exceeding one mile in length designed for operation at a nominal voltage of 100 kilovolts or more to obtain a CPCN from PSC. The bill requires owners of proposed transmission facilities for which a CPCN is required to let transmission facility contracts having an estimated cost of performance that exceeds $1,000,000 on the basis of sealed competitive bids and to award transmission facility contracts to the lowest responsible bidder. If fewer than three bids from responsible bidders are received for a contract, the transmission facility owner must solicit additional bids for at least 30 additional days, and if fewer than three bids from responsible bidders are received after the additional bidding period, the owner must document that circumstance. A transmission facility owner may require a person, before the person submits a bid for a transmission facility contract, to submit a statement containing information relating to the person[s financial ability, equipment, experience in the work prescribed by the contract, and ability to safely perform the work prescribed by the contract. Also, under the bill, the owner of a proposed transmission facility that involves entering a transmission facility contract that the bill requires to be competitively bid must include in an application for a CPCN an estimate of the cost of construction, along with documentation that the estimate is the result of competitively bid transmission facility contracts. The bill also requires such a transmission facility owner to provide to PSC until construction is complete annual reports that include updated estimates of the construction cost and an explanation of any changes from prior cost estimates. Further, no later than 30 days after the transmission facility is placed in service, the owner must provide evidence to PSC that the transmission facility contracts performed in completing the transmission facility were awarded in compliance with the competitive bidding requirements established by the bill. Audit requirements, return on equity reductions, and equity limitation The bill requires the Legislative Audit Bureau to conduct an audit of 15 percent of the transmission facility contracts subject to the bill[s competitive bidding requirements that are performed related to constructing each transmission facility that requires a CPCN, as well as any contracts for which the Joint Legislative Audit Committee requests an audit. The bill requires LAB to file with PSC a detailed audit report, including specific instances of any violations of the competitive bidding process requirements. The bill requires PSC to open a docket on any such audit report it receives, hold a public hearing, and determine if the transmission facility owner violated any competitive bidding requirements. In addition, if the owner of a transmission facility for which transmission rates are determined by the Federal Energy Regulatory Commission violates the bill[s competitive bidding requirements, the owner must seek approval of a tariff that provides a return on equity that is either half of MISO[s base return on equity with respect to the transmission facility or equal to the owner[s average cost of debt, whichever is higher. If the cost to construct a transmission facility for which transmission rates are determined by FERC exceeds the estimated cost provided to PSC, the owner must seek approval of a tariff that provides, for the portion of the cost to construct the transmission facility that exceeds the estimated cost, a rate of return on equity that is either half of MISO[s base return on equity or equal to the owner[s cost of debt, whichever is higher. In determining whether the costs of a transmission facility exceeded the estimated costs for purposes of triggering a reduction in the transmission facility owner[s return on equity, the bill provides that costs that exceed the estimated cost but that are prudently incurred or that are a result of force majeure may not be considered excess costs. Under the bill, the owner of a transmission facility for which a CPCN was required may not seek to recover in rates approved by FERC an amount of equity in the transmission facility that exceeds 50 percent of the project costs. Rights of an incumbent transmission facility owner The bill also grants to an incumbent transmission facility owner the right to construct, own, and maintain a transmission facility that has been approved for construction in the Midcontinent Independent System Operator[s (MISO) transmission plan and that connects to transmission facilities owned by that incumbent transmission facility owner. transmission facility ownerY includes a transmission company or transmission utility (a cooperative or public utility that owns a transmission facility and provides transmission service in this state), regardless of whether this state is its principal place of business or where it is organized or headquartered. Under current law, MISO is an organization that is subject to the jurisdiction of the Federal Energy Regulatory Commission and that coordinates and controls electric transmission in a region of the country that includes this state. The bill provides that the right to construct, own, and maintain a transmission facility that connects to transmission facilities owned by two or more incumbent transmission facility owners belongs individually and proportionally to each incumbent transmission facility owner, unless otherwise agreed upon in writing. Under the bill, if under MISO[s transmission plan a regionally cost-shared transmission line has been approved for construction and connection to facilities owned by an incumbent transmission facility owner, the incumbent transmission facility owner must give the Public Service Commission written notice regarding the owner[s intent to construct, own, and maintain the line no later than 90 days after approval of the transmission plan or 90 days after the date on which this bill becomes law, whichever is later. If the owner indicates that it does not intend to construct the line, the bill requires it to fully explain that decision in the notice to PSC. In that case, the bill allows PSC to determine whether the incumbent transmission facility owner or another entity must construct the line, taking into consideration issues such as cost, efficiency, and reliability. The bill defines Xregionally cost-shared transmission lineY to mean a high-voltage transmission line that is eligible for regional cost sharing and is not subject to a right of first refusal in accordance with the MISO tariff. The bill requires an incumbent transmission facility owner with the right to construct a MISO-approved regionally cost-shared transmission line to, as soon as practicable after the information is available, submit a report to PSC, the assembly speaker, the assembly minority leader, the senate majority leader, the senate minority leader, and the governor detailing the amount of the costs of the transmission line project that are being charged to energy consumers outside this state. The bill provides that the rights and responsibilities of incumbent transmission facility owners created under the bill are void if the President of the United States issues a lawful executive order, FERC issues a lawful order or rule, or Congress enacts a valid statute and that executive order, order, rule, or statute has the effect of repealing or nullifying provisions of MISO[s tariff that allow the owner of a transmission facility to allocate costs of the transmission facility over a region encompassing more than one state. Regulation of large wind, large solar, and battery energy systems The bill requires a person seeking to construct a battery energy storage system to obtain a CPCN from PSC. The bill defines a Xbattery energy storage systemY as a device that occupies one acre or more and that captures energy produced at one time, stores it for future use, and later delivers it as electricity. The bill defines Xlarge wind energy systemY and Xlarge solar energy system,Y respectively, as a wind energy system or solar energy system with an electric generating capacity of 100 megawatts or more. Under current law, a person seeking to construct a large electric generating facility, specifically a facility designed with an electric generating capacity of at least 100 megawatts, must obtain a CPCN. The bill prohibits PSC from issuing a CPCN for a large wind energy system, large solar energy system, or battery energy storage system unless both of the following apply: 1) including the acres occupied by the system proposed by the applicant, the total amount of acres of land in the town in which the system is located that are occupied by large wind energy systems, large solar energy systems, or battery energy storage systems is not more than 2,000 acres; and 2) including the acres occupied by the system proposed by the applicant, the total amount of acres of land in the county in which the system is located that are occupied by large wind energy systems, large solar energy systems, or battery energy storage systems is not more than 5,000 acres. Additionally, current law authorizes a city, village, town, or county (political subdivision) to restrict the installation or use of a wind energy system or solar energy system as long as the restriction serves to preserve or protect the public health or safety, does not significantly increase the cost of the system or significantly decrease its efficiency, and allows for an alternative system of comparable cost and efficiency. Current law also states that a political subdivision may not place a restriction on the installation or use of a wind energy system that is more restrictive than rules that PSC is required to promulgate on that subject. Current law defines Xwind energy systemY as equipment and associated facilities that convert and then store or transfer energy from the wind into usable forms of energy. and defines Xsolar energy systemY as equipment that directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy. The bill imposes certain requirements on a person seeking political subdivision approval or a CPCN for a large wind energy system, large solar energy system, or battery energy storage system. Specifically, the bill requires all of the following from a person seeking such approvals: 1. To submit with the application a decommissioning and site restoration plan, including a plan to clean, clear, and remove foundations from the site and to restore the land to its prior condition and a financial assurance obligation for the estimated cost of decommissioning. 2. To submit with the application a drainage plan, including plans to repair or replace any subsurface drainage affected during the construction or decommissioning of a large wind energy system, large solar energy system, or battery energy storage system. 3. To provide visual screening of a large solar energy system or battery energy storage system for certain nearby properties that have a residence within 250 feet of the system. 4. To make attempts to enter good neighbor agreements with owners of certain nearby properties. 5. To provide written notice, no later than 45 days before submitting a CPCN application, indicating interest in entering into an economic development agreement to each political subdivision in which the proposed facility would be located and take all commercially reasonable efforts to negotiate an economic development agreement with each political subdivision. 6. To provide written notice at least 45 days before submitting a CPCN application to each property owner located within one mile of a proposed facility, each political subdivision in which the proposed facility is proposed, and the American Indian tribal governing body for any land under that body[s jurisdiction that is within the project boundary. 7. To post notice of the proposed project at least 45 days before submitting a CPCN application by class 1 notice in the official state newspaper. The bill requires PSC to create a pamphlet of not more than two pages, available on its website, that explains in plain language all provisions of the bill relating specifically to large wind energy systems, large solar energy systems, and battery energy storage systems, and requires PSC, if it receives a CPCN application for such a system, to distribute this pamphlet by mail or electronically to certain impacted property owners and to the political subdivision in which the project is proposed to be located. Purchase of agricultural conservation easements required for large wind, solar, and battery systems The bill also requires owners of large wind energy systems, large solar energy systems, and battery energy storage systems that are located on land that has a National Commodity Crop Productivity Index (NCCPI) of 0.6 or greater as identified by the Natural Resources Conservation Service of the U.S. Department of Agriculture (USDA) and that was prime farmland at the time that a CPCN was applied for for the system to purchase certain agricultural conservation easements before placing the system in service. Under the bill, Xprime farmlandY means land in use for an agricultural use or in use for a use that has agricultural value, including land that is part of a crop rotation or land enrolled in the USDA Conservation Reserve Program if the land is prime farmland, unique farmland, or additional farmland of statewide importance under the specifications of the USDA. An agricultural conservation easement prohibits the land subject to the easement from being developed for a use that would make the land unavailable or unsuitable for agricultural use. Under the bill, an owner of a large wind energy system, large solar energy system, or battery energy storage system must purchase agricultural conservation easements on four acres of prime farmland for each acre of land on which the system is located that was prime farmland having an NCCPI of 0.8 or greater, and must purchase such easements on two acres of prime farmland for each acre of land on which the system is located that was prime farmland having an NCCPI of not less than 0.6 and not more than 0.8 or that was unique farmland or additional farmland of statewide importance. The bill requires an owner to make commercially reasonable efforts to purchase agricultural conservation easements on acres of prime farmland in the following order of priority: 1) acres adjacent to the system and owned by an owner-operator; 2) acres located in the same county as the system and owned by an owner-operator; 3) acres located in an adjacent county and owned by an owner-operator; 4) acres adjacent to the system; 5) acres located in the same county as the system; 6) acres located in an adjacent county; and 7) acres located in this state. Under the bill, an Xowner-operatorY is a person who owns land and who materially participates in a trade or business that engages in an agricultural use on that land. The purchase cost of an agricultural conservation easement required under the bill is $2,500 for each acre, and is paid to the landowner in equal payments made over five years. Under the bill, an application to PSC for a CPCN for a proposed large wind energy system, large solar energy system, or battery energy storage system must include proof that the applicant has entered into contracts for the purchase of agricultural conservation easements required by the bill. The bill also requires the agricultural conservation easements to include a provision that authorizes the Department of Agriculture, Trade and Consumer Protection, on behalf of the state, to bring actions to enforce or defend the easements. The bill prohibits large wind energy systems, large solar energy systems, and battery energy storage systems from being separated into multiple systems to decrease the nominal capacity of each system below 100 megawatts to construct the systems without purchasing the agricultural conservation easements required by the bill. Nuclear energy as a state policy priority The bill establishes as state policy that nuclear energy is a high-priority option, second only to energy efficiency and conservation, to be considered in meeting the state[s energy demands, over noncombustible renewable energy resources and combustible renewable energy resources. Under current law, it is the goal of the state that, to the extent it is cost effective and technically feasible, all new installed capacity for electric generation be based on renewable energy resources. The bill adds nuclear energy to this focus, along with renewable energy. Current law also provides that, in designing all new and replacement energy projects, a state agency or local governmental unit must rely to the greatest extent feasible on energy efficiency improvements and renewable energy resources if those are cost effective, are technically feasible, and do not have unacceptable environmental impacts. The bill adds nuclear energy resources to this list of prioritized resources. Current law requires the Department of Administration to establish renewable energy percentage goals for certain state agencies to meet in 2007 and 2011 and then to submit a report to the governor and the legislature each March 1 concerning the degree of attainment of those goals during the preceding year. Under the bill, beginning in 2026, those reports must include nuclear energy in the definition of Xrenewable resourceY for the purpose of that report. The bill expands current laws that govern state renewable resource goals and renewable resource credits to include as an eligible resource one that derives electricity from nuclear power. The bill changes the terminology in these laws to use the term Xlow-carbon-emissionY instead of Xrenewable.Y Light-Mitigating technology systems The bill imposes lighting requirements on certain wind energy systems and high-voltage transmission line towers. Under the bill, such structures placed in service on or after the effective date of the bill must have a light-mitigating technology system (LMTS) installed; an LMTS is triggered by aircraft detection or otherwise reduces the impact of lighting necessary to make tall structures conspicuous to aircraft to avoid collisions. The bill applies to wind energy systems and high-voltage transmission line towers that meet the criteria for which construction or alteration would be subject to Federal Aviation Administration notice requirements, including a structure that is more than 200 feet above ground level (utility structures). Current law prohibits the erection of any building, structure, tower, or other object that exceeds specified heights without a permit issued by the Department of Transportation (height permit). The bill extends this height permit requirement to any utility structure. However, DOT may not issue a height permit for a utility structure unless the applicant has received FAA approval to install an LMTS on the utility structure and the height permit includes as a condition that the applicant install the LMTS no later than 24 months after issuance of the permit. Current DOT rules implementing height permits govern enforcement of height permit requirements and conditions, including penalties and possible revocation. The bill requires that a person be approved by FAA to install an LMTS on a utility structure. The bill specifies that a person who is selected to install an LMTS on a utility structure as required under the bill must provide notice to DOT and to the city, village, or town in which the utility structure is located of the progress of the installation. If the installation is delayed beyond the 24-month installation requirement, the bill requires the installer to provide an update on the reasons for the delay and the current status of the installation to DOT and the city, village, or town at least every three months. The bill allows DOT to establish policies and procedures to set a uniform schedule for submitting these notices and updates. Also, the bill requires the owner of a utility structure that is placed in service before the bill[s effective date and for which DOT has issued a height permit to submit a report to PSC no later than July 1, 2026, on the commercial feasibility of installing an LMTS on the utility structure. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB196 Rehired annuitants in the Wisconsin Retirement System. (FE) Under current law, certain people who receive a retirement or disability annuity from the Wisconsin Retirement System (WRS) and who are hired by an employer that participates in the WRS must suspend that annuity and may not receive a WRS annuity payment until they are no longer in a WRS-covered position. This suspension applies to an annuitant who 1) has reached his or her normal retirement date; 2) is appointed to a position with a WRS-participating employer; and 3) is expected to work at least two-thirds of what is considered full-time employment by the Department of Employee Trust Funds. This bill allows such an annuitant who is hired by a WRS-participating employer as an employee or to provide employee services to not suspend his or her annuity for up to 60 months. The bill also requires WRS-participating employers that hire such annuitants to make payments to ETF equal to what they would have paid as required contributions for each rehired annuitant if the rehired annuitant had suspended his or her annuity. Under the bill, these payments are deposited into the employer reserve account. If the annuitant does not suspend the annuity and does not become an active WRS-participating employee, in the case of state employment, the annuitant is not eligible for group insurance benefits provided to active WRS-participating employees and may not use any of his or her service in the new position for any WRS purposes. If the annuitant opts to again become an active WRS-participating employee, the annuitant is eligible for all group insurance benefits provided to other participating employees and may accumulate additional years of creditable service under the WRS for the new period of WRS-covered employment. The bill also repeals two obsolete provisions related to WRS annuitants returning to WRS-covered employment during the public health emergency declared on March 12, 2020, by executive order 72, which ended on May 13, 2020. Because this bill relates to public employee retirement or pensions, it may be referred to the Joint Survey Committee on Retirement Systems for a report to be printed as an appendix to the bill. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB203 Regulation of pharmacy benefit managers, fiduciary and disclosure requirements on pharmacy benefit managers, and application of prescription drug payments to health insurance cost-sharing requirements. (FE) This bill makes several changes to the regulation of pharmacy benefit LRB-1278/1 JPC:cjs&skw 2025 - 2026 Legislature SENATE BILL 203 managers and their interactions with pharmacies and pharmacists. Under current law, pharmacy benefit managers are generally required to be licensed as a pharmacy benefit manager or an employee benefit plan administrator by the commissioner of insurance. A pharmacy benefit manager is an entity that contracts to administer or manage prescription drug benefits on behalf of an insurer, a cooperative, or another entity that provides prescription drug benefits to Wisconsin residents. Major provisions of the bill are summarized below. Pharmacy benefit manager regulation The bill requires a pharmacy benefit manager to pay a pharmacy or pharmacist a professional dispensing fee at a rate not less than is paid by the state under the Medical Assistance program for each pharmaceutical product that the pharmacy or pharmacist dispenses to an individual. The professional dispensing fee is required to be paid in addition to the amount the pharmacy benefit manager reimburses the pharmacy or pharmacist for the cost of the pharmaceutical product that the pharmacy or pharmacist dispenses. The Medical Assistance program is a joint state and federal program that provides health services to individuals who have limited financial resources. The bill prohibits a pharmacy benefit manager from assessing, charging, or collecting from a pharmacy or pharmacist any form of remuneration that passes from the pharmacy or pharmacist to the pharmacy benefit manager including claim-processing fees, performance-based fees, network-participation fees, or accreditation fees. Further, under the bill, a pharmacy benefit manager may not use any certification or accreditation requirement as a determinant of pharmacy network participation that is inconsistent with, more stringent than, or in addition to the federal requirements for licensure as a pharmacy and the requirements for licensure as a pharmacy provided under state law. The bill requires a pharmacy benefit manager to allow a participant or beneficiary of a pharmacy benefits plan or program that the pharmacy benefit manager serves to use any pharmacy or pharmacist in this state that is licensed to dispense the pharmaceutical product that the participant or beneficiary seeks to obtain if the pharmacy or pharmacist accepts the same terms and conditions that the pharmacy benefit manager establishes for at least one of the networks of pharmacies or pharmacists that the pharmacy benefit manager has established to serve individuals in the state. A pharmacy benefit manager may establish a preferred network of pharmacies or pharmacists and a nonpreferred network of pharmacies or pharmacists; however, under the bill, a pharmacy benefit manager may not prohibit a pharmacy or pharmacist from participating in either type of network provided that the pharmacy or pharmacist is licensed by this state and the federal government and accepts the same terms and conditions that the pharmacy benefit manager establishes for other pharmacies or pharmacists participating in the network that the pharmacy or pharmacist wants to join. Under the bill, a pharmacy benefit manager may not charge a participant or beneficiary of a LRB-1278/1 JPC:cjs&skw 2025 - 2026 Legislature SENATE BILL 203 pharmacy benefits plan or program that the pharmacy benefit manager serves a different copayment obligation or additional fee, or provide any inducement or financial incentive, for the participant or beneficiary to use a pharmacy or pharmacist in a particular network of pharmacies or pharmacists that the pharmacy benefit manager has established to serve individuals in the state. Further, the bill prohibits a pharmacy benefit manager, third-party payer, or health benefit plan from excluding a pharmacy or pharmacist from its network because the pharmacy or pharmacist serves less than a certain portion of the population of the state or serves a population living with certain health conditions. The bill provides that a pharmacy benefit manager may neither prohibit a pharmacy or pharmacist that dispenses a pharmaceutical product from, nor penalize a pharmacy or pharmacist that dispenses a pharmaceutical product for, informing an individual about the cost of the pharmaceutical product, the amount in reimbursement that the pharmacy or pharmacist receives for dispensing the pharmaceutical product, or any difference between the cost to the individual under the individual[s pharmacy benefits plan or program and the cost to the individual if the individual purchases the pharmaceutical product without making a claim for benefits under the individual[s pharmacy benefits plan or program. The bill prohibits any pharmacy benefit manager or any insurer or self- insured health plan from requiring, or penalizing a person who is covered under a health insurance policy or plan for using or for not using, a specific retail, mail- order, or other pharmacy provider within the network of pharmacy providers under the policy or plan. Prohibited penalties include an increase in premium, deductible, copayment, or coinsurance. The bill requires pharmacy benefit managers to remit payment for a claim to a pharmacy or pharmacist within 30 days from the day that the claim is submitted to the pharmacy benefit manager by the pharmacy or pharmacist. Pharmaceutical product reimbursements The bill provides that a pharmacy benefit manager that uses a maximum allowable cost list must include all of the following information on the list: 1) the average acquisition cost of each pharmaceutical product and the cost of the pharmaceutical product set forth in the national average drug acquisition cost data published by the federal centers for medicare and medicaid services; 2) the average manufacturer price of each pharmaceutical product; 3) the average wholesale price of each pharmaceutical product; 4) the brand effective rate or generic effective rate for each pharmaceutical product; 5) any applicable discount indexing; 6) the federal upper limit for each pharmaceutical product published by the federal centers for medicare and medicaid services; pharmaceutical product; and 8) any other terms that are used to establish the maximum allowable costs. The bill provides that a pharmacy benefit manager may place or continue a particular pharmaceutical product on a maximum allowable cost list only if the pharmaceutical product 1) is listed as a drug product equivalent or is rated by a LRB-1278/1 JPC:cjs&skw 7) the wholesale acquisition cost of each 2025 - 2026 Legislature SENATE BILL 203 nationally recognized reference as Xnot ratedY or Xnot availableY; 2) is available for purchase by all pharmacies and pharmacists in the state from national or regional pharmaceutical wholesalers operating in the state; and 3) has not been determined by the drug manufacturer to be obsolete. Further, the bill provides that any pharmacy benefit manager that uses a maximum allowable cost list must provide access to the maximum allowable cost list to each pharmacy or pharmacist subject to the maximum allowable cost list, update the maximum allowable cost list on a timely basis, provide a process for a pharmacy or pharmacist subject to the maximum allowable cost list to receive notification of an update to the maximum allowable cost list, and update the maximum allowable cost list no later than seven days after the pharmacy acquisition cost of the pharmaceutical product increases by 10 percent or more from at least 60 percent of the pharmaceutical wholesalers doing business in the state or there is a change in the methodology on which the maximum allowable cost list is based or in the value of a variable involved in the methodology. A maximum allowable cost list is a list of pharmaceutical products that sets forth the maximum amount that a pharmacy benefit manager will pay to a pharmacy or pharmacist for dispensing a pharmaceutical product. A maximum allowable cost list may directly establish maximum costs or may set forth a method for how the maximum costs are calculated. The bill further provides that a pharmacy benefit manager that uses a maximum allowable cost list must provide a process for a pharmacy or pharmacist to appeal and resolve disputes regarding claims that the maximum payment amount for a pharmaceutical product is below the pharmacy acquisition cost. A pharmacy benefit manager that receives an appeal from or on behalf of a pharmacy or pharmacist under this bill is required to resolve the appeal and notify the pharmacy or pharmacist of the pharmacy benefit manager[s determination no later than seven business days after the appeal is received. If the pharmacy benefit manager grants the relief requested in the appeal, the bill requires the pharmacy benefit manager to make the requested change in the maximum allowable cost, allow the pharmacy or pharmacist to reverse and rebill the relevant claim, provide to the pharmacy or pharmacist the national drug code number published in a directory by the federal Food and Drug Administration on which the increase or change is based, and make the change effective for each similarly situated pharmacy or pharmacist subject to the maximum allowable cost list. If the pharmacy benefit manager denies the relief requested in the appeal, the bill requires the pharmacy benefit manager to provide the pharmacy or pharmacist a reason for the denial, the national drug code number published in a directory by the FDA for the pharmaceutical product to which the claim relates, and the name of a national or regional wholesaler that has the pharmaceutical product currently in stock at a price below the amount specified in the pharmacy benefit manager[s maximum allowable cost list. The bill provides that a pharmacy benefit manager may not deny a pharmacy[s or pharmacist[s appeal if the relief requested in the appeal relates to LRB-1278/1 JPC:cjs&skw 2025 - 2026 Legislature SENATE BILL 203 the maximum allowable cost for a pharmaceutical product that is not available for the pharmacy or pharmacist to purchase at a cost that is below the pharmacy acquisition cost from the pharmaceutical wholesaler from which the pharmacy or pharmacist purchases the majority of pharmaceutical products for resale. If a pharmaceutical product is not available for a pharmacy or pharmacist to purchase at a cost that is below the pharmacy acquisition cost from the pharmaceutical wholesaler from which the pharmacy or pharmacist purchases the majority of pharmaceutical products for resale, the pharmacy benefit manager must revise the maximum allowable cost list to increase the maximum allowable cost for the pharmaceutical product to an amount equal to or greater than the pharmacy[s or pharmacist[s pharmacy acquisition cost and allow the pharmacy or pharmacist to reverse and rebill each claim affected by the pharmacy[s or pharmacist[s inability to procure the pharmaceutical product at a cost that is equal to or less than the maximum allowable cost that was the subject of the pharmacy[s or pharmacist[s appeal. The bill prohibits a pharmacy benefit manager from reimbursing a pharmacy or pharmacist in the state an amount less than the amount that the pharmacy benefit manager reimburses a pharmacy benefit manager affiliate for providing the same pharmaceutical product. Under the bill, a pharmacy benefit manager affiliate is a pharmacy or pharmacist that is an affiliate of a pharmacy benefit manager. Finally, the bill allows a pharmacy or pharmacist to decline to provide a pharmaceutical product to an individual or pharmacy benefit manager if, as a result of a maximum allowable cost list, the pharmacy or pharmacist would be paid less than the pharmacy acquisition cost of the pharmacy or pharmacist providing the pharmaceutical product. Drug formularies This bill makes several changes with respect to drug formularies. Under current law, a disability insurance policy that offers a prescription drug benefit, a self-insured health plan that offers a prescription drug benefit, or a pharmacy benefit manager acting on behalf of a disability insurance policy or self-insured health plan must provide to an enrollee advanced written notice of a formulary change that removes a prescription drug from the formulary of the policy or plan or that reassigns a prescription drug to a benefit tier for the policy or plan that has a higher deductible, copayment, or coinsurance. The advanced written notice of a formulary change must be provided no fewer than 30 days before the expected date of the removal or reassignment. This bill provides that a disability insurance policy or self-insured health plan that provides a prescription drug benefit shall make the formulary and all drug costs associated with the formulary available to plan sponsors and individuals prior to selection or enrollment. Further, the bill provides that no disability insurance policy, self-insured health plan, or pharmacy benefit manager acting on behalf of a disability insurance policy or self-insured health plan may remove a prescription LRB-1278/1 JPC:cjs&skw 2025 - 2026 Legislature SENATE BILL 203 drug from the formulary except at the time of coverage renewal. Finally, the bill provides that advanced written notice of a formulary change must be provided no fewer than 90 days before the expected date of the removal or reassignment of a prescription drug on the formulary. Pharmacy networks Under the bill, if an enrollee utilizes a pharmacy or pharmacist in a preferred network of pharmacies or pharmacists, no disability insurance policy or self- insured health plan that provides a prescription drug benefit or pharmacy benefit manager that provides services under a contract with a policy or plan may require the enrollee to pay any amount or impose on the enrollee any condition that would not be required if the enrollee utilized a different pharmacy or pharmacist in the same preferred network. Further, the bill provides that any disability insurance policy or self-insured health plan that provides a prescription drug benefit, or any pharmacy benefit manager that provides services under a contract with a policy or plan, that has established a preferred network of pharmacies or pharmacists must reimburse each pharmacy or pharmacist in the same network at the same rates. Audits of pharmacists and pharmacies This bill makes several changes to audits of pharmacists and pharmacies. The bill requires an entity that conducts audits of pharmacists and pharmacies to ensure that each pharmacist or pharmacy audited by the entity is audited under the same standards and parameters as other similarly situated pharmacists or pharmacies audited by the entity, that the entity randomizes the prescriptions that the entity audits and the entity audits the same number of prescriptions in each prescription benefit tier, and that each audit of a prescription reimbursed under Part D of the federal Medicare program is conducted separately from audits of prescriptions reimbursed under other policies or plans. The bill prohibits any pharmacy benefit manager from recouping reimbursements made to a pharmacist or pharmacy for errors that involve no actual financial harm to an enrollee or a policy or plan sponsor unless the error is the result of the pharmacist or pharmacy failing to comply with a formal corrective action plan. The bill further prohibits any pharmacy benefit manager from using extrapolation in calculating reimbursements that it may recoup, and instead requires a pharmacy benefit manager to base the finding of errors for which reimbursements will be recouped on an actual error in reimbursement and not a projection of the number of patients served having a similar diagnosis or on a projection of the number of similar orders or refills for similar prescription drugs. The bill provides that a pharmacy benefit manager that recoups any reimbursements made to a pharmacist or pharmacy for an error that was the cause of financial harm must return the recouped reimbursement to the enrollee or the policy or plan sponsor who was harmed by the error. Pharmacy benefit manager fiduciary and disclosure requirements The bill provides that a pharmacy benefit manager owes a fiduciary duty to a health benefit plan sponsor. The bill also requires that a pharmacy benefit LRB-1278/1 JPC:cjs&skw 2025 - 2026 Legislature SENATE BILL 203 manager annually disclose all of the following information to the health benefit plan sponsor: 1. The indirect profit received by the pharmacy benefit manager from owning a pharmacy or health service provider. 2. Any payments made to a consultant or broker who works on behalf of the plan sponsor. 3. From the amounts received from drug manufacturers, the amounts retained by the pharmacy benefit manager that are related to the plan sponsor[s claims or bona fide service fees. 4. The amounts received from network pharmacies and pharmacists and the amount retained by the pharmacy benefit manager. Discriminatory reimbursement of 340B entities The bill prohibits a pharmacy benefit manager from taking certain actions with respect to 340B covered entities, pharmacies and pharmacists contracted with 340B covered entities, and patients who obtain prescription drugs from 340B covered entities. The 340B drug pricing program is a federal program that requires pharmaceutical manufacturers that participate in the federal Medicaid program to sell outpatient drugs at discounted prices to certain health care organizations that provide health care for uninsured and low-income patients. Entities that are eligible for discounted prices under the 340B drug pricing program include federally qualified health centers, critical access hospitals, and certain public and nonprofit disproportionate share hospitals. The bill prohibits pharmacy benefit managers from doing any of the following: 1. Refusing to reimburse a 340B covered entity or a pharmacy or pharmacist contracted with a 340B covered entity for dispensing 340B drugs. 2. Imposing requirements or restrictions on 340B covered entities or pharmacies or pharmacists contracted with 340B covered entities that are not imposed on other entities, pharmacies, or pharmacists. 3. Reimbursing a 340B covered entity or a pharmacy or pharmacist contracted with a 340B covered entity for a 340B drug at a rate lower than the amount paid for the same drug to pharmacies or pharmacists that are not 340B covered entities or pharmacies or pharmacists contracted with a 340B covered entity. 4. Assessing a fee, charge back, or other adjustment against a 340B covered entity or a pharmacy or pharmacist contracted with a 340B covered entity after a claim has been paid or adjudicated. 5. Restricting the access of a 340B covered entity or a pharmacy or pharmacist contracted with a 340B covered entity to a third-party payer[s pharmacy network solely because the 340B covered entity or the pharmacy or pharmacist contracted with a 340B covered entity participates in the 340B drug pricing program. 6. Requiring a 340B covered entity or a pharmacy or pharmacist contracted LRB-1278/1 JPC:cjs&skw 2025 - 2026 Legislature SENATE BILL 203 with a 340B covered entity to contract with a specific pharmacy or pharmacist or health benefit plan in order to access a third-party payer[s pharmacy network. 7. Imposing a restriction or an additional charge on a patient who obtains a 340B drug from a 340B covered entity or a pharmacy or pharmacist contracted with a 340B covered entity. 8. Restricting the methods by which a 340B covered entity or a pharmacy or pharmacist contracted with a 340B covered entity may dispense or deliver 340B drugs. 9. Requiring a 340B covered entity or a pharmacy or pharmacist contracted with a 340B covered entity to share pharmacy bills or invoices with a pharmacy benefit manager, a third-party payer, or a health benefit plan. Application of prescription drug payments Health insurance policies and plans often apply cost-sharing requirements and out-of-pocket maximum amounts to the benefits covered by the policy or plan. A cost-sharing requirement is a share of covered benefits that an insured is required to pay under a health insurance policy or plan. Cost-sharing requirements include copayments, deductibles, and coinsurance. An out-of-pocket maximum amount is a limit specified by a policy or plan on the amount that an insured pays, and, once that limit is reached, the policy or plan covers the benefit entirely. The bill generally requires health insurance policies that offer prescription drug benefits, self-insured health plans, and pharmacy benefit managers acting on behalf of policies or plans to apply amounts paid by or on behalf of an individual covered under the policy or plan for brand name prescription drugs to any cost- sharing requirement or to any calculation of an out-of-pocket maximum amount of the policy or plan. Health insurance policies are referred to in the bill as disability insurance policies. Prohibited retaliation The bill prohibits a pharmacy benefit manager from retaliating against a pharmacy or pharmacist for reporting an alleged violation of certain laws applicable to pharmacy benefit managers or for exercising certain rights or remedies. Retaliation includes terminating or refusing to renew a contract with a pharmacy or pharmacist, subjecting a pharmacy or pharmacist to increased audits, or failing to promptly pay a pharmacy or pharmacist any money that the pharmacy benefit manager owes to the pharmacy or pharmacist. The bill provides that a pharmacy or pharmacist may bring an action in court for injunctive relief if a pharmacy benefit manager is retaliating against the pharmacy or pharmacist as provided in the bill. In addition to equitable relief, the court may award a pharmacy or pharmacist that prevails in such an action reasonable attorney fees and costs. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. LRB-1278/1 JPC:cjs&skw 2025 - 2026 Legislature SENATE BILL 203 In Committee
SB256 Delivery network couriers and transportation network drivers, Department of Financial Institutions’ approval to offer portable benefit accounts, providing for insurance coverage, modifying administrative rules related to accident and sickness insurance, and granting rule-making authority. (FE) DELIVERY AND TRANSPORTATION NETWORK COMPANIES General This bill provides that under specific circumstances, delivery network couriers and drivers for transportation network companies (application-based drivers) are LRB-0875/1 MIM/KMS/ARG/KP:cc/cs 2025 - 2026 Legislature SENATE BILL 256 not employees of the delivery network companies and transportation network companies (network companies) for the purposes of worker[s compensation insurance, minimum wage laws, and unemployment insurance. In the bill, Xapplication-based driverY is defined as a delivery network courier or participating driver who provides services through the online-enabled application, software, website, or system of a network company. Under the bill, if a network company does not engage in all of the following practices, an application-based driver is not an employee or agent of the company: 1) prescribe specific dates, times of day, or a minimum number of hours during which the driver must be logged into the network company[s online-enabled application, software, or system; 2) terminate the contract of the driver for not accepting a specific request for transportation or delivery service request; 3) restrict the driver from performing services through other network companies except while performing services through that network company; and 4) restrict the driver from working in any other lawful occupation or business. The bill provides that if this provision is held invalid by a court, the provisions regarding portable benefits accounts and group or blanket accident and sickness insurance coverage for application based drivers are invalid. Portable benefit accounts Under the bill, if certain conditions are satisfied, a financial services provider or other person may obtain approval from the Department of Financial Institutions to offer portable benefit accounts. A Xportable benefit accountY is an account administered by such an approved financial services provider or other person (portable benefit account provider) from which an individual may receive distributions for the purposes described below. Under the bill, a network company may offer portable benefit accounts. If an application-based driver meets certain eligibility requirements (eligible driver), a network company may contribute an amount equal to 4 percent of that driver[s quarterly earnings to a portable benefit account, and the driver may also contribute to the portable benefit account. Contributions to a portable benefit account by the account owner may be subtracted from the owner[s income for state income tax purposes. Under the bill, an eligible driver may receive a distribution from a portable benefit account for the following purposes: income due to an illness or accident or loss of work due to the birth or adoption of the driver[s child; 2) to transfer the money to an individual retirement account (IRA); 3) to pay vision, dental, or health insurance premiums; and 4) to compensate for lost income through no fault of the driver from work for a network company. A network company must ensure that the portable benefit account provider it selects offers at least three options for IRA providers and an eligible driver may not transfer money from a portable benefit account to an IRA in an amount exceeding the contribution limits under federal law. A portable benefit account provider may include an income replacement benefit to be made available to eligible drivers. A LRB-0875/1 MIM/KMS/ARG/KP:cc/cs 1) to compensate for lost 2025 - 2026 Legislature SENATE BILL 256 financial services provider may not commingle assets in a portable benefit account with other property, except in a common trust fund or common investment fund. Insurance coverage The bill provides that a network company may carry, provide, or otherwise make available group or blanket accident and sickness insurance for its application- based drivers. The bill requires a network company to make available, upon reasonable request, a copy of its group or blanket accident and sickness insurance policy. The bill specifies that the state[s worker[s compensation laws do not apply to such a policy. The bill also provides that a network company may carry, provide, or otherwise make available group or blanket occupational accident insurance to cover the medical expenses and lost income resulting from an injury suffered by an application-based driver while engaged on the network company[s online-enabled application, software, or system. The bill requires a network company to make available, upon reasonable request, a copy of its blanket occupational accident insurance policy. The bill requires that the policy provide, in aggregate, at least $1,000,000 of coverage for the medical expenses, short-term disability, long-term disability, and survivor benefits. The coverage must include at least $250,000 for medical expenses; weekly disability payments equal to two-thirds of an application- based driver[s average weekly income, subject to certain restrictions, for up to 104 weeks following an injury; and survivor benefits in an amount equal to an application-based driver[s average weekly income, subject to certain restrictions, multiplied by 104. The bill provides that if a claim is covered by occupational accident insurance maintained by more than one network company, the insurer of the network company against whom a claim is filed is entitled to a contribution for the pro rata share of coverage attributable to one or more other network companies. Under the bill, any benefit provided to an application-based driver under an occupational accident insurance policy is treated as amounts payable under a worker[s compensation law or disability benefit for the purpose of determining amounts payable under uninsured or underinsured motorist coverage. Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB276 Challenges to the validity of administrative rules and making an appropriation. (FE) Under current law, the validity of an administrative rule may be challenged in an action for declaratory judgment or in certain other judicial proceedings when material therein. This bill requires a court, if the court declares a rule invalid, to award the party asserting the invalidity of the rule reasonable attorney fees and costs. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB269 Delivery network couriers and transportation network drivers, Department of Financial Institutions’ approval to offer portable benefit accounts, providing for insurance coverage, modifying administrative rules related to accident and sickness insurance, and granting rule-making authority. (FE) DELIVERY AND TRANSPORTATION NETWORK COMPANIES General This bill provides that under specific circumstances, delivery network couriers and drivers for transportation network companies (application-based drivers) are not employees of the delivery network companies and transportation network companies (network companies) for the purposes of worker[s compensation insurance, minimum wage laws, and unemployment insurance. In the bill, Xapplication-based driverY is defined as a delivery network courier or participating driver who provides services through the online-enabled application, software, website, or system of a network company. Under the bill, if a network company does not engage in all of the following practices, an application-based driver is not an employee or agent of the company: 1) prescribe specific dates, times of day, or a minimum number of hours during which the driver must be logged into the network company[s online-enabled application, software, or system; 2) terminate the contract of the driver for not accepting a specific request for transportation or delivery service request; 3) restrict the driver from performing services through other network companies except while performing services through that network company; and 4) restrict the driver from working in any other lawful occupation or business. The bill provides that if this provision is held invalid by a court, the provisions regarding portable benefits accounts and group or blanket accident and sickness insurance coverage for application based drivers are invalid. Portable benefit accounts Under the bill, if certain conditions are satisfied, a financial services provider or other person may obtain approval from the Department of Financial Institutions to offer portable benefit accounts. A Xportable benefit accountY is an account administered by such an approved financial services provider or other person (portable benefit account provider) from which an individual may receive distributions for the purposes described below. Under the bill, a network company may offer portable benefit accounts. If an application-based driver meets certain eligibility requirements (eligible driver), a network company may contribute an amount equal to 4 percent of that driver[s quarterly earnings to a portable benefit account, and the driver may also contribute to the portable benefit account. Contributions to a portable benefit account by the account owner may be subtracted from the owner[s income for state income tax purposes. Under the bill, an eligible driver may receive a distribution from a portable benefit account for the following purposes: income due to an illness or accident or loss of work due to the birth or adoption of the driver[s child; 2) to transfer the money to an individual retirement account (IRA); 3) to pay vision, dental, or health insurance premiums; and 4) to compensate for lost income through no fault of the driver from work for a network company. A network company must ensure that the portable benefit account provider it selects offers at least three options for IRA providers and an eligible driver may not transfer money from a portable benefit account to an IRA in an amount exceeding the contribution limits under federal law. A portable benefit account provider may include an income replacement benefit to be made available to eligible drivers. A financial services provider may not commingle assets in a portable benefit account with other property, except in a common trust fund or common investment fund. Insurance coverage The bill provides that a network company may carry, provide, or otherwise make available group or blanket accident and sickness insurance for its application- based drivers. The bill requires a network company to make available, upon reasonable request, a copy of its group or blanket accident and sickness insurance policy. The bill specifies that the state[s worker[s compensation laws do not apply to such a policy. The bill also provides that a network company may carry, provide, or otherwise make available group or blanket occupational accident insurance to cover the medical expenses and lost income resulting from an injury suffered by an application-based driver while engaged on the network company[s online-enabled application, software, or system. The bill requires a network company to make available, upon reasonable request, a copy of its blanket occupational accident insurance policy. The bill requires that the policy provide, in aggregate, at least $1,000,000 of coverage for the medical expenses, short-term disability, long-term disability, and survivor benefits. The coverage must include at least $250,000 for medical expenses; weekly disability payments equal to two-thirds of an application- based driver[s average weekly income, subject to certain restrictions, for up to 104 weeks following an injury; and survivor benefits in an amount equal to an application-based driver[s average weekly income, subject to certain restrictions, multiplied by 104. The bill provides that if a claim is covered by occupational accident insurance maintained by more than one network company, the insurer of the network company against whom a claim is filed is entitled to a contribution for the pro rata share of coverage attributable to one or more other network companies. Under the bill, any benefit provided to an application-based driver under an occupational accident insurance policy is treated as amounts payable under a worker[s compensation law or disability benefit for the purpose of determining amounts payable under uninsured or underinsured motorist coverage. Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB216 Local government competitive bidding thresholds. (FE) Under current law, in general, if the estimated cost of a local government public works project is between $5,000 and $25,000, the local governmental unit must provide a notice before it contracts. If the estimated cost exceeds $25,000, the local governmental unit must solicit bids and award the contract to the lowest responsible bidder. This bill increases the notice threshold to $10,000 and the bidding threshold to $50,000 and adjusts these amounts quinquennially for inflation. The bill also provides exceptions to these bidding requirements for 1) public work by a county for the purpose of providing housing for persons placed on supervised release as sexually violent persons and 2) improvements that are constructed by a private person and donated to a town or county after the completion of construction. With LRB-2701/1 EVM:emw 2025 - 2026 Legislature SENATE BILL 216 regard to the latter, a similar exception for donated improvements currently exists for improvements donated to a city or village. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB33 Representations depicting nudity and providing a penalty. Under current law, it is generally a Class I felony to capture or distribute representations depicting nudity without the consent of the person depicted. This bill expands the prohibition to include what are known as Xdeep fakes.Y The bill provides that it is a Class I felony to post, publish, distribute, or exhibit a synthetic intimate representation (commonly known as a Xdeep fakeY) of an identifiable person with intent to coerce, harass, or intimidate that person. Under the bill, a synthetic intimate representation is defined as a representation generated using technological means that uses an identifiable person[s face, likeness, or other distinguishing characteristic to depict an intimate representation of that person, regardless of whether the representation includes components that are artificial, legally generated, or generally accessible. Under current law, it is a Class A misdemeanor to publish or post a private representation, which is a sexually explicit representation that is intended by the person depicted in the representation to be possessed or viewed only by the persons with whom it was directly shared, without consent of the person depicted. This bill LRB-0058/1 MJW:cjs 2025 - 2026 Legislature SENATE BILL 33 provides that it is also a Class A misdemeanor to reproduce such representations without that person[s consent. Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report. Crossed Over
SB25 Court-issued criminal complaints in officer-involved deaths. Under current law, a district attorney has the discretion as to whether or not to issue a complaint to charge a person with a crime. Current law also provides that, if a district attorney refuses to issue a complaint against a person, a judge may conduct a hearing to determine if there is probable cause to believe that the person committed a crime and, if so, issue a complaint. Under this bill, when there is an officer-involved death, which is a death that results directly from an action or an omission of a law enforcement officer, and the district attorney determined there was no basis to prosecute the officer, a court may not issue a complaint against the involved officer unless there is new or unused evidence presented. Crossed Over
SB131 Calculation of miles for purposes of relocation of a child 100 miles or more from the other parent in an action affecting the family. Under current law, a parent granted periods of physical placement with a child in an action affecting the family must obtain a court order if the parent intends to relocate and reside with the child 100 miles or more from the other parent if the other parent also has court-ordered periods of physical placement with the child. Also under current law, during the pendency of an action affecting the family, parties are generally prohibited from relocating and establishing a residence with a minor child of the parties that is more than 100 miles from the residence of the other party, if the party does not have consent of the other party or an order of the court. The requirement to obtain a court order allowing relocation does not apply if the parents already live more than 100 miles apart when a parent proposes to relocate and reside with the child, but in that situation, the parent who intends to relocate with the child must serve written notice of the intent to relocate on the other parent at least 60 days before relocation. This bill adds an express requirement that the 100-mile distance for purposes of these provisions must be calculated as Xdriving miles,Y defined in the bill to mean LRB-0421/1 SWB:skw 2025 - 2026 Legislature SENATE BILL 131 the actual distance traveling by road required to get from one location to another rather than the straight-line distance between those locations. In Committee
SB267 The fee for filing limited liability company articles of organization with the Department of Financial Institutions. (FE) This bill expands the filing fee exception for a student entrepreneur who forms a limited liability company (LLC). Current law establishes a fee of $130 for filing LLC articles of organization with the Department of Financial Institutions. However, DFI may not collect this fee if the LLC members or organizers are all student entrepreneurs. A Xstudent entrepreneurY is defined as a student who is at least 18 years of age, enrolled in a postsecondary institution in this state, and an organizer or member of an LLC formed as a business start-up. This bill expands the definition of Xstudent entrepreneurY to include a student who is enrolled in a public, private, or tribal high school in this state or is homeschooled. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. LRB-0755/1 ARG:amn 2025 - 2026 Legislature SENATE BILL 267 In Committee
SB277 The expiration of administrative rules. (FE) This bill provides for the expiration of each chapter of the Wisconsin Administrative Code after seven years, unless the chapter is readopted by the agency through the readoption process established under the bill. Under current law, an agency may promulgate administrative rules when it is granted rule-making authority under the statutes. administrative rules remain in effect indefinitely unless repealed or amended by the agency or suspended by the Joint Committee for Review of Administrative Rules. This bill provides that each chapter of the code expires seven years after a rule that creates, or repeals and recreates, the chapter takes effect or after the chapter is readopted. The bill requires JCRAR to establish a schedule for the expiration of all existing code chapters that are in effect on the effective date of the bill. Under the LRB-2513/1 MED:cdc Once promulgated, 2025 - 2026 Legislature SENATE BILL 277 bill, in the year before a code chapter is set to expire, an agency may send to JCRAR and the appropriate standing committees a notice of its intention to readopt the chapter. If no member of JCRAR or the standing committees objects to the readoption notice, the chapter is considered readopted without further action. If any member of JCRAR or either standing committee objects to readoption of the chapter, the chapter expires on its expiration date unless the agency promulgates a rule to readopt the chapter using the standard rule-making process. Under the bill, JCRAR may extend the effective date of the chapter that is set to expire for up to one year to accommodate readoption of the chapter through the standard rule- making process. The bill also requires agencies to avoid in rules the use of words and phrases that are outdated or that are now understood to be derogatory or offensive. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB266 The fee for filing limited liability company articles of organization with the Department of Financial Institutions. (FE) This bill expands the filing fee exception for a student entrepreneur who forms a limited liability company (LLC). Current law establishes a fee of $130 for filing LLC articles of organization with the Department of Financial Institutions. However, DFI may not collect this fee if the LLC members or organizers are all student entrepreneurs. A Xstudent entrepreneurY is defined as a student who is at least 18 years of age, enrolled in a postsecondary institution in this state, and an organizer or member of an LLC formed as a business start-up. This bill expands the definition of Xstudent entrepreneurY to include a student who is enrolled in a public, private, or tribal high school in this state or is homeschooled. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB241 Tax incremental financing districts containing qualified data centers. (FE) Under current law, there is a sales and use tax exemption for certain property and items used to construct, operate, or renovate a qualified data center, as certified by the Wisconsin Economic Development Corporation. Also under current law, the equalized value of the taxable property of a new or amended tax incremental district (TID) plus the value increment of all existing TIDs in a city or village may not exceed 12 percent of the total equalized value of taxable property in the city or village. Under this bill, the 12 percent rule does not apply to a TID that contains within its boundaries a qualified data center certified by WEDC if all of the project costs of the TID are related to the qualified data center. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB33 Representations depicting nudity and providing a penalty. Under current law, it is generally a Class I felony to capture or distribute representations depicting nudity without the consent of the person depicted. This bill expands the prohibition to include what are known as Xdeep fakes.Y The bill provides that it is a Class I felony to post, publish, distribute, or exhibit a synthetic intimate representation (commonly known as a Xdeep fakeY) of an identifiable person with intent to coerce, harass, or intimidate that person. Under the bill, a synthetic intimate representation is defined as a representation generated using technological means that uses an identifiable person[s face, likeness, or other distinguishing characteristic to depict an intimate representation of that person, regardless of whether the representation includes components that are artificial, legally generated, or generally accessible. Under current law, it is a Class A misdemeanor to publish or post a private representation, which is a sexually explicit representation that is intended by the person depicted in the representation to be possessed or viewed only by the persons with whom it was directly shared, without consent of the person depicted. This bill provides that it is also a Class A misdemeanor to reproduce such representations without that person[s consent. Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report. In Committee
SJR2 Requiring photographic identification to vote in any election (second consideration). To create section 1m of article III of the constitution; Relating to: requiring photographic identification to vote in any election (second consideration). Signed/Enacted/Adopted
SB259 The notice of an investigation of child abuse or neglect or unborn child abuse provided to appropriate authorities of the U.S. Department of Defense. (FE) Under current law, if a county department of human services or social services or, in Milwaukee County, the Department of Children and Families or a licensed child welfare agency under contract with DCF (collectively XagencyY) determines that a caregiver is suspected of committing or threatening abuse or neglect of a child or that a person who is not a caregiver has committed or threatened abuse of a child related to sex trafficking; cannot identify an individual who is suspected of abuse or neglect or of threatened abuse or neglect of a child; or suspects abuse of an unborn child, the agency must, within 24 hours after receiving the report, initiate a diligent investigation to determine if the child or unborn child is in need of protection or services. Under this bill, if an agency knows or has reason to know that a parent of a child or unborn child with respect to whom the agency has initiated such an investigation is a member of the U.S. armed forces, a reserve component of the U.S. armed forces, or the Wisconsin national guard, the agency must provide notice of that investigation to the appropriate authorities of the U.S. Department of Defense CORRECTED COPY LRB-1859/2 EHS:cdc 2025 - 2026 Legislature SENATE BILL 259 within 24 hours. The bill requires the notice to consist only of the name and address of the child or expectant mother and the fact that an investigation has been initiated about that child or unborn child. The bill imposes the same confidentiality requirements on such a notice as current law imposes on all reports of suspected child abuse or neglect. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB263 Findings of fact when the court grants less than equal physical placement of a child. Under current law, in an action affecting a family that involves a child, the court is required to determine the legal custody and the physical placement of the child. Current law requires the court to set a physical placement schedule that allows a child to have regularly occurring, meaningful periods of physical placement with each parent and that maximizes the amount of time for a child with each parent. In determining a physical placement schedule, the court must, in each case, consider a statutory list of best-interest factors. Current law provides that, if the court grants less than 25 percent of physical placement to one parent in a temporary or final order in an action affecting the family, specific findings of fact must be entered as to the reasons that greater physical placement with that parent is not in the best interest of the child. This bill changes the requirement such that specific findings of fact must be entered if the court grants less than 50 percent of physical placement to one parent in a temporary or final order in an action affecting the family. LRB-2980/1 SWB:ajk&emw 2025 - 2026 Legislature SENATE BILL 263 In Committee
AB258 License eligibility and restriction extensions relating to ignition interlock devices. Under current law, if a person is convicted of a second or subsequent offense related to operating a motor vehicle while under the influence of an intoxicant or other drug, with a prohibited alcohol concentration, or with a measurable amount of a controlled substance in their blood (OWI offense), a court must order the person[s operating privilege restricted to operating vehicles that are equipped with an ignition interlock device (IID). The restriction begins on the date of the IID order and lasts for at least one year, but no longer than the maximum operating privilege revocation period authorized for the refusal or violation. Under the bill, the restriction of a person[s operating privilege under an IID order must be extended by 180 days for each occurrence of any of the following events detected by an IID: 1) three or more violations within a 60-day period, 2) tampering with or attempting to circumvent the IID, or 3) removing the IID authorization. Under current law, a person whose operating privilege is administratively revoked for a first offense of refusing a test may apply for an occupational license after 30 days. The bill eliminates the 30-day waiting period and provides that a CORRECTED COPY person may apply for an occupational license upon installation of an IID on any motor vehicle that the person operates. Under current law, when a person is convicted of an OWI offense, the convicting court orders the person[s operating privilege be revoked. The length of time for a court-ordered revocation increases with each subsequent OWI offense, as does the waiting period before the person may apply for an occupational license. In general, a person with prior OWI offenses may apply after 45 days. The bill eliminates the 45-day waiting period and provides that a person may apply for an occupational license upon installation of an IID on each motor vehicle that the person operates. In Committee
AB262 Findings of fact when the court grants less than equal physical placement of a child. Under current law, in an action affecting a family that involves a child, the court is required to determine the legal custody and the physical placement of the child. Current law requires the court to set a physical placement schedule that allows a child to have regularly occurring, meaningful periods of physical placement with each parent and that maximizes the amount of time for a child with each parent. In determining a physical placement schedule, the court must, in each case, consider a statutory list of best-interest factors. Current law provides that, if the court grants less than 25 percent of physical placement to one parent in a temporary or final order in an action affecting the family, specific findings of fact must be entered as to the reasons that greater physical placement with that parent is not in the best interest of the child. This bill changes the requirement such that specific findings of fact must be entered if the court grants less than 50 percent of physical placement to one parent in a temporary or final order in an action affecting the family. In Committee
AB216 The amount and distribution of the real estate transfer fee, grants under the land information program, real property recording notification systems, and making an appropriation. (FE) Current law, generally, requires a person who conveys an interest in real property to file a real estate transfer return with the county register of deeds and pay a real estate transfer fee equal to 30 cents for each $100 of the value of the conveyance. The county retains 20 percent of the fees collected and transmits the remainder to the state. This bill decreases the real estate transfer fee to 20 cents for each $100 of the value of the conveyance. Under the bill, 30 percent of the fees collected are deposited into the general fund, 20 percent of the fees are deposited into the land information fund, and the county retains 50 percent of the fees. Under current law, the Department of Administration administers a land information program, using revenue from the land information fund, that provides funding to counties for the modernization of local land records. Under the land information program, DOA awards land information system base budget grants to counties to enable county land information offices to develop, maintain, and operate basic land information systems. Currently, the minimum amount of a grant is $100,000 less the amount of certain fees retained by the county in the preceding fiscal year. The bill increases that base amount to $175,000 less the retained fees. Under current law, DOA may award a grant under the land information program to any county in an amount not less than $1,000 per year to be used for the training and education of county employees for the design, development, and implementation of a land information system. The bill increases the minimum training and education grant amount from $1,000 to $5,000. The bill directs DOA to award additional local government contribution based grants to counties to fully distribute 46 percent of the amount of real estate transfer fees that are deposited into the land information fund under the bill in each fiscal year. Under the bill, DOA annually must award 46 percent of those deposited amounts as grants to counties based on the relative proportion of the fees each county collected. This bill also requires any county that retains real estate transfer fee moneys to establish a real property recording notification system to be administered by the county[s register of deeds. Upon application by a person, such a system monitors publicly recorded real property records for activity and changes related to properties owned by a specific person or a specific property, and, upon the recording of a new document against a monitored property, notifies the person who applied for monitoring. The bill specifies that no fee may be charged to an applicant for application, monitoring, or notification under such a system. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB194 Modifications to housing programs under the Wisconsin Housing and Economic Development Authority. (FE) This bill makes modifications to three housing programs administered by the Wisconsin Housing and Economic Development Authority: the residential housing infrastructure revolving loan program, also known as the Infrastructure Access Program; the main street housing rehabilitation revolving loan program, also known as the Restore Main Street Program; and the commercial-to-housing conversion revolving loan program, also known as the Vacancy-to-Vitality Program. For the Infrastructure Access Program, the bill does all of the following: 1. Allows a loan to a developer to provide up to 33 percent of total project costs and a loan to a governmental unit to provide up to 25 percent of total project costs. Under current law, a loan to a developer may provide up to 20 percent of total project costs and a loan to a governmental unit may provide up to 10 percent of total project costs. 2. Allows tribal housing authorities or business entities created by a tribal council to receive loans as developers of eligible projects. For the Restore Main Street Program, the bill does all of the following: 1. Allows a loan to provide up to $50,000 per dwelling unit or 33 percent of total project costs, whichever is less. Under current law, a loan may provide up to $20,000 per dwelling unit or 25 percent of total project costs, whichever is less. 2. Requires WHEDA to divide the state into regions based on the service jurisdiction of each regional planning commission constituted under current law, with the counties not served by a regional planning commission constituting collectively one region. Under the bill, of the moneys appropriated to the program[s revolving loan fund in the 2023-25 fiscal biennium, WHEDA must expend any remaining unencumbered moneys in such a way that no region receives in loans more than 12.5 percent of the total amount of the moneys appropriated in the 2023- 25 fiscal biennium. 3. Allows loans to be awarded to projects under the jurisdiction of a federally recognized American Indian tribe or band. For the Vacancy-to-Vitality Program, the bill does all of the following: 1. Allows a loan to provide up to 33 percent of total project costs related to constructing residential housing and eliminates the dollar amount cap on loans. Under current law, a loan may provide up to $1,000,000 per project or 20 percent of total project costs, whichever is less. 2. Permits housing developments with four or more dwelling units to be eligible for a loan if the housing development is located in a governmental unit with a population of 10,000 or less. Under current law, an eligible housing development must have 16 or more dwelling units. 3. Allows a project converting a vacant commercial building to a mixed-use development that contains residential housing to be eligible for a loan under the program. Under current law, to be eligible for a loan, a construction project must convert a vacant commercial building to residential housing. Under the bill, a loan awarded for the conversion of a vacant commercial building to a mixed-use development must be for costs associated with constructing residential housing within the mixed-use development. 4. Requires WHEDA to divide the state into regions based on the service jurisdiction of each regional planning commission constituted under current law, with the counties not served by a regional planning commission constituting collectively one region. Under the bill, of the moneys appropriated to the program[s revolving loan fund in the 2023-25 fiscal biennium, WHEDA must expend any remaining unencumbered moneys in such a way that no region receives in loans more than 12.5 percent of the total amount of the moneys appropriated in the 2023- 25 fiscal biennium. 5. Allows tribal housing authorities or business entities created by a tribal council to receive loans as developers of eligible projects. For all three of the programs, the bill does all of the following: 1. Permits eligible projects to benefit from a tax incremental district and to use historic tax credits. Under current law, eligible projects may not benefit from a tax incremental district or use historic tax credits. 2. Allows a loan to be awarded for projects on tribal reservation or trust lands not subject to property taxes in this state if the land is designated as tribal reservation or trust lands on the effective date of the bill. 3. In applying for a loan, requires that, in addition to the current law requirement that a governmental unit establish that it has reduced the cost of housing in connection with the eligible project, a governmental unit establish that it has reduced the cost of housing within the governmental unit, generally. 4. Allows a governmental unit to satisfy the loan eligibility condition that it update the housing element of the statutorily required local government comprehensive plan if, within the 5 years immediately preceding the date of the loan application, the governmental unit adopts an ordinance or resolution certifying that the housing element of the governmental unit[s current comprehensive plan provides an adequate housing supply that meets existing and forecasted housing demand in the governmental unit. 5. Allows a loan to be secured by a corporate guarantee. Under current law, a loan under any of the three programs must be secured by a personal guarantee. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB228 Tax incremental financing districts containing qualified data centers. (FE) Under current law, there is a sales and use tax exemption for certain property and items used to construct, operate, or renovate a qualified data center, as certified by the Wisconsin Economic Development Corporation. Also under current law, the equalized value of the taxable property of a new or amended tax incremental district (TID) plus the value increment of all existing TIDs in a city or village may not exceed 12 percent of the total equalized value of taxable property in the city or village. Under this bill, the 12 percent rule does not apply to a TID that contains within its boundaries a qualified data center certified by WEDC if all of the project costs of the TID are related to the qualified data center. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB10 Access to public high schools for military recruiters. In general, federal law requires local educational agencies, such as school boards and charter schools, that receive federal assistance under the Elementary and Secondary Education Act of 1965 to provide military recruiters the same access to secondary school students that the local educational agencies provide to postsecondary educational institutions or to prospective employers. This bill requires school boards and governing boards of charter schools to, in addition to complying with federal law, specifically allow military recruiters access to common areas in high schools and to allow access during a school day and to school- sanctioned events. Nothing in the bill requires a school board or governing board of a charter school to provide a military recruiter access to a high school classroom during instructional time. In Committee
AB73 Statutory recognition of specialized treatment court and commercial court dockets. This bill statutorily recognizes specialized dockets for treatment courts and for commercial cases. The bill recognizes in statute treatment courts, which are defined in the bill to include adult drug treatment court, juvenile drug treatment court, operating while intoxicated treatment court, mental health treatment court, family dependency treatment court, veterans treatment court, hybrid treatment court, and tribal healing to wellness court. The bill also statutorily recognizes a specialized docket for commercial cases. Under the bill, the chief justice of the Wisconsin Supreme Court, taking into consideration recommendations from the relevant chief judges of the judicial administrative districts, must select circuit court judges who will be assigned to the commercial court docket upon each judge[s agreement to serve. The bill provides that a judge who presides over cases on the commercial court docket is not prohibited from working on any other assigned docket. Under the bill, certain commercial case types must be assigned to the commercial court docket, including cases involving all of the following: governance or internal affairs of business organizations; 2) tortious or statutorily prohibited business activity, unfair competition, or antitrust claims; 3) the sale, consolidation, or merger of a business organization or the conversion, share exchange, or sale of substantially all of the assets of a business organization; 4) the issuance, sale, or transfer of securities; 5) intellectual property rights; 6) the relationship between a franchisor and franchisee or similar distribution relationship; 7) certain claims or disputes involving the Uniform Commercial Code, when the amount in controversy exceeds $100,000; 8) receiverships in excess of $250,000; 9) confirmation of arbitration awards and compelling or enforcing arbitration awards when the amount in controversy exceeds $100,000; and 10) real estate construction disputes when the amount in controversy exceeds $250,000. The bill provides that certain types of cases are ineligible for assignment to the commercial court docket, including small claims cases, cases involving a governmental entity or political subdivision seeking to enforce a statutory or regulatory restriction or prohibition, or disputes between landlords and tenants. The commercial court docket created under the bill is a commercial case docket that generally involves disputes between commercial entities rather than individuals and does not include actions typically involving individuals such as personal injury suits, products liability, malpractice, or other tort claims or landlord and tenant disputes or similar claims. Under the bill, parties may jointly move for discretionary assignment of a case to the commercial court docket if the case is one that is not identified under the mandatory criteria but is not otherwise ineligible for assignment. The bill provides that a decision granting or denying a motion for a discretionary assignment of a case to the commercial court docket is final and nonappealable. The bill also allows that parties to a case that is filed in a judicial administrative district that does not have a dedicated commercial court docket may, in certain circumstances, jointly petition for transfer of the case to a commercial court docket. Under the bill, no party may withdraw a request for transfer to the commercial court docket after a judicial assignment of the case has been made. Passed
AB202 Voidable provisions in residential rental agreements and the application of the Wisconsin Consumer Act to leases. (FE) Under current law, a residential lease is void and unenforceable if it contains certain provisions (voidable provisions). Examples of voidable provisions include provisions that: 1) allow landlords to refuse to renew a lease because a tenant has contacted an entity for law enforcement, health, or safety services; 2) waive a landlord[s obligation to mitigate damages; 3) impose liability on a tenant for personal injury arising from causes clearly beyond the tenant[s control, and; 4) allow landlords to terminate a tenancy for a crime committed in relation to the rental property when the tenant[s lease did not include a statutorily required notice of domestic abuse protections. This bill provides that if court of competent jurisdiction finds that a residential lease includes a voidable provision, a tenant may elect to: 1) void the lease and have their tenancy converted into a periodic tenancy, or; 2) sever the voidable provision from their lease and continue under the remainder of the lease. In addition, in April 2024, the Wisconsin Court of Appeals published a decision, Koble Invs. v Marquardt, 2024 WI App 26, regarding certain landlord and CORRECTED COPY tenant matters. As of February 28, 2025, the case was on appeal to the Wisconsin Supreme Court, with parties[ first briefings due to the court in March 2025. Among the holdings in Koble, the court of appeals determined that a particular landlord was acting as a Xdebt collectorY and that landlord[s tenant was a XcustomerY as those terms are defined under Wisconsin Consumer Act. The court of appeals also held that because the landlord violated a provision of the Wisconsin Consumer Act, the tenant[s attorney was entitled to recover reasonable attorney fees and court costs. Under this bill, the Wisconsin Consumer Act does not apply to residential leases or mobile home leases. In the same case, the court of appeals held that the tenant[s lease was void and unenforceable under landlord and tenant law, and that, under another law enforcing fair methods of competition, the tenant could recover twice the amount of the tenant[s pecuniary loss, together with reasonable attorney fees and court costs. The bill provides that under landlord and tenant law, a person injured by a voidable provision can recover twice the amount of the pecuniary loss, together with reasonable attorney fees and court costs, and provides that such pecuniary loss does not include any rent paid by the tenant. The bill also limits the remedies a person may seek when a rental agreement includes a voidable provision to only those remedies provided in the bill. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB218 The amount and distribution of the real estate transfer fee, grants under the land information program, real property recording notification systems, and making an appropriation. (FE) Current law, generally, requires a person who conveys an interest in real property to file a real estate transfer return with the county register of deeds and pay a real estate transfer fee equal to 30 cents for each $100 of the value of the conveyance. The county retains 20 percent of the fees collected and transmits the remainder to the state. This bill decreases the real estate transfer fee to 20 cents for each $100 of the value of the conveyance. Under the bill, 30 percent of the fees collected are deposited into the general fund, 20 percent of the fees are deposited into the land information fund, and the county retains 50 percent of the fees. Under current law, the Department of Administration administers a land information program, using revenue from the land information fund, that provides funding to counties for the modernization of local land records. Under the land LRB-2260/1 KP/EVM/KRP:klm&wlj 2025 - 2026 Legislature SENATE BILL 218 information program, DOA awards land information system base budget grants to counties to enable county land information offices to develop, maintain, and operate basic land information systems. Currently, the minimum amount of a grant is $100,000 less the amount of certain fees retained by the county in the preceding fiscal year. The bill increases that base amount to $175,000 less the retained fees. Under current law, DOA may award a grant under the land information program to any county in an amount not less than $1,000 per year to be used for the training and education of county employees for the design, development, and implementation of a land information system. The bill increases the minimum training and education grant amount from $1,000 to $5,000. The bill directs DOA to award additional local government contribution based grants to counties to fully distribute 46 percent of the amount of real estate transfer fees that are deposited into the land information fund under the bill in each fiscal year. Under the bill, DOA annually must award 46 percent of those deposited amounts as grants to counties based on the relative proportion of the fees each county collected. This bill also requires any county that retains real estate transfer fee moneys to establish a real property recording notification system to be administered by the county[s register of deeds. Upon application by a person, such a system monitors publicly recorded real property records for activity and changes related to properties owned by a specific person or a specific property, and, upon the recording of a new document against a monitored property, notifies the person who applied for monitoring. The bill specifies that no fee may be charged to an applicant for application, monitoring, or notification under such a system. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB4 Agreements for direct primary care. This bill exempts valid direct primary care agreements from the application of insurance law. A “direct primary care agreement,” as defined in the bill, is a contract between a health care provider that provides primary care services under the provider’s scope of practice and an individual patient or the patient’s legal representative or employer in which the health care provider agrees to provide primary care services to the patient for an agreed-upon subscription fee and period of time. A valid direct primary care agreement is in writing and satisfies all of the following: 1. It is signed by the health care provider or an agent of the health care provider and the individual patient, the patient’s legal representative, or a representative of the patient’s employer. 2. It allows either party to terminate the agreement upon written notice. 3. It describes and quantifies the specific primary care services that are provided under the agreement. 4. It specifies the subscription fee for the agreement and specifies terms for termination of the agreement. 5. It specifies the duration of the agreement. LRB-0507/1 JPC:emw 2025 - 2026 Legislature SENATE BILL 4 6. It prohibits the provider and patient from billing an insurer or any other third party on a fee-for-service basis for the primary care services included in the subscription fee under the agreement. 7. It prominently states, in writing, several provisions, including that the agreement is not health insurance and the agreement alone may not satisfy individual or employer insurance coverage requirements under federal law; that the patient is responsible for paying, or directing the patient’s employer to pay, the provider for all services that are not included in the subscription fee under the agreement; that the patient is encouraged to consult with a health insurance advisor, the patient’s health insurance carrier, or the patient’s employer-sponsored health plan, as applicable, before entering into the agreement; and that direct primary care fees might not be credited toward deductibles or out-of-pocket maximum amounts under any health insurance the patient has. Under the bill, a health care provider may not decline to enter into or terminate a direct primary care agreement with a patient solely because of the patient’s health status. The bill allows a health care provider to decline to accept a patient for a direct primary care agreement only if the health care provider’s practice has reached its maximum patient capacity or if the patient’s medical condition is such that the health care provider is unable to provide the appropriate level and type of primary care services the patient requires. A health care provider may terminate a direct primary care agreement with a patient only if the patient or the patient’s employer fails to pay the subscription fee, the patient fails repeatedly to adhere to the treatment plan, the patient has performed an act of fraud related to the direct primary care agreement, the patient is abusive in a manner described in the bill, the health care provider discontinues operation as a direct primary care provider, or the health care provider believes that the relationship is no longer therapeutic for the patient due to a dysfunctional relationship between the provider and the patient. Passed
AB45 Ratification of the Dietitian Licensure Compact. (FE) This bill ratifies and enters Wisconsin into the Dietitian Licensure Compact, which provides for the ability of a dietitian to become eligible to practice in other compact states. Significant provisions of the compact include the following: 1. The creation of a Dietitian Licensure Compact Commission, which includes the primary administrators of the licensure authorities of each member state. The commission has various powers and duties granted in the compact, including establishing bylaws, promulgating rules for the compact, appointing officers and hiring employees, and establishing and electing an executive committee. The commission may levy on and collect an annual assessment from each member state or impose fees on licensees to whom it grants a compact privilege to cover the cost of the operations and activities of the commission and its staff. 2. The ability for a dietitian to obtain a Xcompact privilege,Y which allows a dietitian to practice dietetics in another compact state (remote state) if the dietitian satisfies certain criteria. The compact specifies a number of requirements in order for a dietitian to exercise a compact privilege, including holding an unencumbered dietitian license in a home state and paying any fees and meeting any jurisprudence requirements that may be imposed by a remote state. A dietitian practicing in a remote state under a compact privilege must adhere to the laws and regulations of that state. A remote state may, in accordance with that state[s laws, take adverse action against a licensee[s compact privilege within that state. If a dietitian[s license is encumbered, the dietitian loses the compact privilege in all remote states until certain criteria are satisfied. If a dietitian[s compact privilege in any remote state is removed, the dietitian may lose the compact privilege in all other remote states until certain criteria are satisfied. 3. The ability of member states to issue subpoenas that are enforceable in other states. 4. The creation of a coordinated data system containing licensure and disciplinary action information on dietitians. The compact requires member states to report adverse actions against licensees and to monitor the data system to determine whether adverse actions have been taken against licensees. A member state must submit a uniform data set to the data system on all individuals to whom the compact is applicable as required by the rules of the commission. 5. Provisions regarding resolutions of disputes between member states and between member and nonmember states, including a process for termination of a state[s membership in the compact if the state defaults on its obligations under the compact. The compact becomes effective in this state upon its enactment in seven states. The compact provides that it may be amended upon enactment of an amendment by all member states. A state may withdraw from the compact by repealing the statute authorizing the compact, but the compact provides that a withdrawal does not take effect until 180 days after the effective date of that repeal. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. Crossed Over
SB14 Pelvic exams on unconscious patients and creating an administrative rule related to hospital requirements for pelvic exams on unconscious patients. This bill requires hospitals to ensure written informed consent is obtained from a patient before a pelvic exam is performed solely for educational purposes on the patient while the patient is under general anesthesia or otherwise unconscious. The bill also creates a Department of Health Services rule providing that hospitals must maintain written policies and procedures requiring written informed consent to be obtained from a patient before a pelvic exam is performed solely for educational purposes on the patient while the patient is under general anesthesia or otherwise unconscious. Passed
AB244 Posting the child abuse and neglect reporting hotline in school buildings. (FE) This bill requires each school board, operator of an independent charter school, and governing body of a private school participating in a parental choice program or the Special Needs Scholarship Program to post in a conspicuous location in a public area of each school building a sign that contains the telephone number for the local county or state agency that is responsible for receiving reports of, and conducting investigations regarding, child abuse or neglect. For further information see the local fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB11 Pelvic exams on unconscious patients and creating an administrative rule related to hospital requirements for pelvic exams on unconscious patients. This bill requires hospitals to ensure written informed consent is obtained from a patient before a pelvic exam is performed solely for educational purposes on the patient while the patient is under general anesthesia or otherwise unconscious. The bill also creates a Department of Health Services rule providing that hospitals must maintain written policies and procedures requiring written informed consent to be obtained from a patient before a pelvic exam is performed solely for educational purposes on the patient while the patient is under general anesthesia or otherwise unconscious. In Committee
AB8 Agreements for direct primary care. This bill exempts valid direct primary care agreements from the application of insurance law. A Xdirect primary care agreement,Y as defined in the bill, is a contract between a health care provider that provides primary care services under the provider[s scope of practice and an individual patient or the patient[s legal representative or employer in which the health care provider agrees to provide primary care services to the patient for an agreed-upon subscription fee and period of time. A valid direct primary care agreement is in writing and satisfies all of the following: 1. It is signed by the health care provider or an agent of the health care provider and the individual patient, the patient[s legal representative, or a representative of the patient[s employer. 2. It allows either party to terminate the agreement upon written notice. 3. It describes and quantifies the specific primary care services that are provided under the agreement. 4. It specifies the subscription fee for the agreement and specifies terms for termination of the agreement. 5. It specifies the duration of the agreement. 6. It prohibits the provider and patient from billing an insurer or any other third party on a fee-for-service basis for the primary care services included in the subscription fee under the agreement. 7. It prominently states, in writing, several provisions, including that the agreement is not health insurance and the agreement alone may not satisfy individual or employer insurance coverage requirements under federal law; that the patient is responsible for paying, or directing the patient[s employer to pay, the provider for all services that are not included in the subscription fee under the agreement; that the patient is encouraged to consult with a health insurance advisor, the patient[s health insurance carrier, or the patient[s employer-sponsored health plan, as applicable, before entering into the agreement; and that direct primary care fees might not be credited toward deductibles or out-of-pocket maximum amounts under any health insurance the patient has. Under the bill, a health care provider may not decline to enter into or terminate a direct primary care agreement with a patient solely because of the patient[s health status. The bill allows a health care provider to decline to accept a patient for a direct primary care agreement only if the health care provider[s practice has reached its maximum patient capacity or if the patient[s medical condition is such that the health care provider is unable to provide the appropriate level and type of primary care services the patient requires. The bill also provides that a health care provider may not decline to enter into a direct primary care agreement with a patient, terminate a direct primary care agreement with a patient, or otherwise discriminate against a patient in the provision of health care services under a direct primary care agreement on the basis of race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity. A health care provider may terminate a direct primary care agreement with a patient only if the patient or the patient[s employer fails to pay the subscription fee, the patient fails repeatedly to adhere to the treatment plan, the patient has performed an act of fraud related to the direct primary care agreement, the patient is abusive in a manner described in the bill, the health care provider discontinues operation as a direct primary care provider, or the health care provider believes that the relationship is no longer therapeutic for the patient due to a dysfunctional relationship between the provider and the patient. In Committee
SB170 Rehired annuitants in the Wisconsin Retirement System. (FE) Under current law, certain people who receive a retirement or disability annuity from the Wisconsin Retirement System (WRS) and who are hired by an employer that participates in the WRS must suspend that annuity and may not receive a WRS annuity payment until they are no longer in a WRS-covered position. This suspension applies to an annuitant who 1) has reached his or her normal retirement date; 2) is appointed to a position with a WRS-participating employer; and 3) is expected to work at least two-thirds of what is considered full-time employment by the Department of Employee Trust Funds. This bill allows such an annuitant who is hired by a WRS-participating employer as an employee or to provide employee services to not suspend his or her annuity for up to 60 months. The bill also requires WRS-participating employers that hire such annuitants to make payments to ETF equal to what they would have paid as required contributions for each rehired annuitant if the rehired annuitant LRB-2369/1 MIM:wlj 2025 - 2026 Legislature SENATE BILL 170 had suspended his or her annuity. Under the bill, these payments are deposited into the employer reserve account. If the annuitant does not suspend the annuity and does not become an active WRS-participating employee, in the case of state employment, the annuitant is not eligible for group insurance benefits provided to active WRS-participating employees and may not use any of his or her service in the new position for any WRS purposes. If the annuitant opts to again become an active WRS-participating employee, the annuitant is eligible for all group insurance benefits provided to other participating employees and may accumulate additional years of creditable service under the WRS for the new period of WRS-covered employment. The bill also repeals two obsolete provisions related to WRS annuitants returning to WRS-covered employment during the public health emergency declared on March 12, 2020, by executive order 72, which ended on May 13, 2020. Because this bill relates to public employee retirement or pensions, it may be referred to the Joint Survey Committee on Retirement Systems for a report to be printed as an appendix to the bill. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB71 Ratification of the Dietitian Licensure Compact. (FE) This bill ratifies and enters Wisconsin into the Dietitian Licensure Compact, which provides for the ability of a dietitian to become eligible to practice in other compact states. Significant provisions of the compact include the following: LRB-1917/1 MED:cdc 2025 - 2026 Legislature SENATE BILL 71 1. The creation of a Dietitian Licensure Compact Commission, which includes the primary administrators of the licensure authorities of each member state. The commission has various powers and duties granted in the compact, including establishing bylaws, promulgating rules for the compact, appointing officers and hiring employees, and establishing and electing an executive committee. The commission may levy on and collect an annual assessment from each member state or impose fees on licensees to whom it grants a compact privilege to cover the cost of the operations and activities of the commission and its staff. 2. The ability for a dietitian to obtain a Xcompact privilege,Y which allows a dietitian to practice dietetics in another compact state (remote state) if the dietitian satisfies certain criteria. The compact specifies a number of requirements in order for a dietitian to exercise a compact privilege, including holding an unencumbered dietitian license in a home state and paying any fees and meeting any jurisprudence requirements that may be imposed by a remote state. A dietitian practicing in a remote state under a compact privilege must adhere to the laws and regulations of that state. A remote state may, in accordance with that state[s laws, take adverse action against a licensee[s compact privilege within that state. If a dietitian[s license is encumbered, the dietitian loses the compact privilege in all remote states until certain criteria are satisfied. If a dietitian[s compact privilege in any remote state is removed, the dietitian may lose the compact privilege in all other remote states until certain criteria are satisfied. 3. The ability of member states to issue subpoenas that are enforceable in other states. 4. The creation of a coordinated data system containing licensure and disciplinary action information on dietitians. The compact requires member states to report adverse actions against licensees and to monitor the data system to determine whether adverse actions have been taken against licensees. A member state must submit a uniform data set to the data system on all individuals to whom the compact is applicable as required by the rules of the commission. 5. Provisions regarding resolutions of disputes between member states and between member and nonmember states, including a process for termination of a state[s membership in the compact if the state defaults on its obligations under the compact. The compact becomes effective in this state upon its enactment in seven states. The compact provides that it may be amended upon enactment of an amendment by all member states. A state may withdraw from the compact by repealing the statute authorizing the compact, but the compact provides that a withdrawal does not take effect until 180 days after the effective date of that repeal. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB180 Modifications to housing programs under the Wisconsin Housing and Economic Development Authority. (FE) This bill makes modifications to three housing programs administered by the Wisconsin Housing and Economic Development Authority: the residential housing infrastructure revolving loan program, also known as the Infrastructure Access Program; the main street housing rehabilitation revolving loan program, also known as the Restore Main Street Program; and the commercial-to-housing conversion revolving loan program, also known as the Vacancy-to-Vitality Program. For the Infrastructure Access Program, the bill does all of the following: 1. Allows a loan to a developer to provide up to 33 percent of total project costs and a loan to a governmental unit to provide up to 25 percent of total project costs. Under current law, a loan to a developer may provide up to 20 percent of total project costs and a loan to a governmental unit may provide up to 10 percent of total project costs. 2. Allows tribal housing authorities or business entities created by a tribal council to receive loans as developers of eligible projects. For the Restore Main Street Program, the bill does all of the following: 1. Allows a loan to provide up to $50,000 per dwelling unit or 33 percent of total project costs, whichever is less. Under current law, a loan may provide up to $20,000 per dwelling unit or 25 percent of total project costs, whichever is less. 2. Requires WHEDA to divide the state into regions based on the service jurisdiction of each regional planning commission constituted under current law, with the counties not served by a regional planning commission constituting collectively one region. Under the bill, of the moneys appropriated to the program[s revolving loan fund in the 2023-25 fiscal biennium, WHEDA must expend any remaining unencumbered moneys in such a way that no region receives in loans more than 12.5 percent of the total amount of the moneys appropriated in the 2023- 25 fiscal biennium. 3. Allows loans to be awarded to projects under the jurisdiction of a federally recognized American Indian tribe or band. For the Vacancy-to-Vitality Program, the bill does all of the following: 1. Allows a loan to provide up to 33 percent of total project costs related to constructing residential housing and eliminates the dollar amount cap on loans. Under current law, a loan may provide up to $1,000,000 per project or 20 percent of total project costs, whichever is less. 2. Permits housing developments with four or more dwelling units to be eligible for a loan if the housing development is located in a governmental unit with a population of 10,000 or less. Under current law, an eligible housing development must have 16 or more dwelling units. 3. Allows a project converting a vacant commercial building to a mixed-use development that contains residential housing to be eligible for a loan under the LRB-1325/1 MDE:klm&cjs 2025 - 2026 Legislature SENATE BILL 180 program. Under current law, to be eligible for a loan, a construction project must convert a vacant commercial building to residential housing. Under the bill, a loan awarded for the conversion of a vacant commercial building to a mixed-use development must be for costs associated with constructing residential housing within the mixed-use development. 4. Requires WHEDA to divide the state into regions based on the service jurisdiction of each regional planning commission constituted under current law, with the counties not served by a regional planning commission constituting collectively one region. Under the bill, of the moneys appropriated to the program[s revolving loan fund in the 2023-25 fiscal biennium, WHEDA must expend any remaining unencumbered moneys in such a way that no region receives in loans more than 12.5 percent of the total amount of the moneys appropriated in the 2023- 25 fiscal biennium. 5. Allows tribal housing authorities or business entities created by a tribal council to receive loans as developers of eligible projects. For all three of the programs, the bill does all of the following: 1. Permits eligible projects to benefit from a tax incremental district and to use historic tax credits. Under current law, eligible projects may not benefit from a tax incremental district or use historic tax credits. 2. Allows a loan to be awarded for projects on tribal reservation or trust lands not subject to property taxes in this state if the land is designated as tribal reservation or trust lands on the effective date of the bill. 3. In applying for a loan, requires that, in addition to the current law requirement that a governmental unit establish that it has reduced the cost of housing in connection with the eligible project, a governmental unit establish that it has reduced the cost of housing within the governmental unit, generally. 4. Allows a governmental unit to satisfy the loan eligibility condition that it update the housing element of the statutorily required local government comprehensive plan if, within the 5 years immediately preceding the date of the loan application, the governmental unit adopts an ordinance or resolution certifying that the housing element of the governmental unit[s current comprehensive plan provides an adequate housing supply that meets existing and forecasted housing demand in the governmental unit. 5. Allows a loan to be secured by a corporate guarantee. Under current law, a loan under any of the three programs must be secured by a personal guarantee. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB252 Independence accounts. (FE) This bill requires the Department of Health Services to allow an individual to deposit up to $15,000 of the individual[s gross earnings in an independence account over a 12-month period. Further, the bill prohibits DHS from including assets acquired by an individual by inheritance when determining the individual[s financial eligibility for Medical Assistance benefits under the Medical Assistance purchase plan. Under current law, an independence account is an account approved by DHS that consists solely of savings, dividends, other gains derived from those savings, and income earned from paid employment after the date on which the individual began receiving Medical Assistance benefits under the Medical Assistance purchase plan. The Medical Assistance purchase plan is a subprogram of the Medical Assistance program that allows individuals who have a qualifying disability and who are working or who want to work to remain eligible for Medical Assistance benefits. To be eligible for benefits under the Medical Assistance purchase plan, among other things, an individual[s assets must not exceed $15,000, but assets accumulated in an independence account are excluded from the calculation. The Medical Assistance program is a joint state and federal program that provides health services to individuals who have limited financial resources. LRB-0174/1 JPC:emw 2025 - 2026 Legislature SENATE BILL 252 For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB253 Jurisdiction over juveniles on federal enclaves. (FE) Under current law, land ceded by Wisconsin to the U.S. government for federal use is subject to concurrent jurisdiction to the extent that all legal and military process issued under the authority of the state may be served anywhere on such land. In general, federal officials exercise jurisdiction over matters arising on federal lands within the state, and the governor may accept an offer from an appropriate federal authority to resume state jurisdiction over such lands. Such an offer is called retrocession of jurisdiction. This bill provides that the state retains concurrent jurisdiction over matters involving juveniles on land ceded by Wisconsin to the U.S. government for federal use. The bill requires the governor to accept retrocession of jurisdiction over any matter involving a juvenile if it is offered by an appropriate federal authority. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. LRB-1855/1 MJW&EHS:cdc 2025 - 2026 Legislature SENATE BILL 253 In Committee
SB248 License eligibility and restriction extensions relating to ignition interlock devices. Under current law, if a person is convicted of a second or subsequent offense related to operating a motor vehicle while under the influence of an intoxicant or other drug, with a prohibited alcohol concentration, or with a measurable amount of a controlled substance in their blood (OWI offense), a court must order the person[s operating privilege restricted to operating vehicles that are equipped with an ignition interlock device (IID). The restriction begins on the date of the IID order and lasts for at least one year, but no longer than the maximum operating privilege revocation period authorized for the refusal or violation. Under the bill, the restriction of a person[s operating privilege under an IID order must be extended by 180 days for each occurrence of any of the following events detected by an IID: 1) three or more violations within a 60-day period, 2) tampering with or attempting to circumvent the IID, or 3) removing the IID authorization. Under current law, a person whose operating privilege is administratively revoked for a first offense of refusing a test may apply for an occupational license after 30 days. The bill eliminates the 30-day waiting period and provides that a CORRECTED COPY LRB-1013/1 ZDW:cdc 2025 - 2026 Legislature SENATE BILL 248 person may apply for an occupational license upon installation of an IID on any motor vehicle that the person operates. Under current law, when a person is convicted of an OWI offense, the convicting court orders the person[s operating privilege be revoked. The length of time for a court-ordered revocation increases with each subsequent OWI offense, as does the waiting period before the person may apply for an occupational license. In general, a person with prior OWI offenses may apply after 45 days. The bill eliminates the 45-day waiting period and provides that a person may apply for an occupational license upon installation of an IID on each motor vehicle that the person operates. In Committee
SB249 Vacancies in appointive state offices. Under current law, vacancies in public office may occur in a number of ways, including when the incumbent resigns, dies, or is removed from office, or, in the case of elected office, when the incumbent[s term expires. However, as the Wisconsin Supreme Court held in State ex rel. Kaul v. Prehn, 2022 WI 50, expiration of an incumbent[s term of office does not create a vacancy if the office is filled by appointment for a fixed term. Absent a vacancy or removal for cause, these incumbents may remain in office until their successors are appointed and qualified. Under this bill, a vacancy in public office is created if the office is an appointive state office for a fixed term and the incumbent[s term expires. In Committee
AB248 Vacancies in appointive state offices. Under current law, vacancies in public office may occur in a number of ways, including when the incumbent resigns, dies, or is removed from office, or, in the case of elected office, when the incumbent[s term expires. However, as the Wisconsin Supreme Court held in State ex rel. Kaul v. Prehn, 2022 WI 50, expiration of an incumbent[s term of office does not create a vacancy if the office is filled by appointment for a fixed term. Absent a vacancy or removal for cause, these incumbents may remain in office until their successors are appointed and qualified. Under this bill, a vacancy in public office is created if the office is an appointive state office for a fixed term and the incumbent[s term expires. In Committee
AB253 Independence accounts. (FE) This bill requires the Department of Health Services to allow an individual to deposit up to $15,000 of the individual[s gross earnings in an independence account over a 12-month period. Further, the bill prohibits DHS from including assets acquired by an individual by inheritance when determining the individual[s financial eligibility for Medical Assistance benefits under the Medical Assistance purchase plan. Under current law, an independence account is an account approved by DHS that consists solely of savings, dividends, other gains derived from those savings, and income earned from paid employment after the date on which the individual began receiving Medical Assistance benefits under the Medical Assistance purchase plan. The Medical Assistance purchase plan is a subprogram of the Medical Assistance program that allows individuals who have a qualifying disability and who are working or who want to work to remain eligible for Medical Assistance benefits. To be eligible for benefits under the Medical Assistance purchase plan, among other things, an individual[s assets must not exceed $15,000, but assets accumulated in an independence account are excluded from the calculation. The Medical Assistance program is a joint state and federal program that provides health services to individuals who have limited financial resources. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB251 Jurisdiction over juveniles on federal enclaves. (FE) Under current law, land ceded by Wisconsin to the U.S. government for federal use is subject to concurrent jurisdiction to the extent that all legal and military process issued under the authority of the state may be served anywhere on such land. In general, federal officials exercise jurisdiction over matters arising on federal lands within the state, and the governor may accept an offer from an appropriate federal authority to resume state jurisdiction over such lands. Such an offer is called retrocession of jurisdiction. This bill provides that the state retains concurrent jurisdiction over matters involving juveniles on land ceded by Wisconsin to the U.S. government for federal use. The bill requires the governor to accept retrocession of jurisdiction over any matter involving a juvenile if it is offered by an appropriate federal authority. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB252 The notice of an investigation of child abuse or neglect or unborn child abuse provided to appropriate authorities of the U.S. Department of Defense. (FE) Under current law, if a county department of human services or social services or, in Milwaukee County, the Department of Children and Families or a licensed child welfare agency under contract with DCF (collectively XagencyY) determines that a caregiver is suspected of committing or threatening abuse or neglect of a child or that a person who is not a caregiver has committed or threatened abuse of a child related to sex trafficking; cannot identify an individual who is suspected of abuse or neglect or of threatened abuse or neglect of a child; or suspects abuse of an unborn child, the agency must, within 24 hours after receiving the report, initiate a diligent investigation to determine if the child or unborn child is in need of protection or services. Under this bill, if an agency knows or has reason to know that a parent of a child or unborn child with respect to whom the agency has initiated such an investigation is a member of the U.S. armed forces, a reserve component of the U.S. armed forces, or the Wisconsin national guard, the agency must provide notice of that investigation to the appropriate authorities of the U.S. Department of Defense CORRECTED COPY within 24 hours. The bill requires the notice to consist only of the name and address of the child or expectant mother and the fact that an investigation has been initiated about that child or unborn child. The bill imposes the same confidentiality requirements on such a notice as current law imposes on all reports of suspected child abuse or neglect. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB188 Reduction of penalty surcharge when certain fines or forfeitures reduced. (FE) Under current law, when a court imposes a fine or forfeiture for certain violations of state law or municipal or county ordinances, a penalty surcharge in the amount of 26 percent of the amount of the fine or forfeiture is also imposed. Current law provides that when a fine or forfeiture is suspended in whole or in part, the penalty surcharge must be reduced in proportion to the suspension. This bill requires the same rule to be applied for reduction of a fine or forfeiture. Under the bill, when a fine or forfeiture to which the penalty surcharge applies is reduced, the penalty surcharge must also be reduced in proportion to the reduction. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB80 Statutory recognition of specialized treatment court and commercial court dockets. This bill statutorily recognizes specialized dockets for treatment courts and for commercial cases. The bill recognizes in statute treatment courts, which are defined in the bill to include adult drug treatment court, juvenile drug treatment court, operating while intoxicated treatment court, mental health treatment court, family dependency treatment court, veterans treatment court, hybrid treatment court, and tribal healing to wellness court. The bill also statutorily recognizes a specialized docket for commercial cases. Under the bill, the chief justice of the Wisconsin Supreme Court, taking into consideration recommendations from the relevant chief judges of the judicial administrative districts, must select circuit court judges who will be assigned to the commercial court docket upon each judge[s agreement to serve. The bill provides that a judge who presides over cases on the commercial court docket is not prohibited from working on any other assigned docket. Under the bill, certain commercial case types must be assigned to the commercial court docket, including cases involving all of the following: governance or internal affairs of business organizations; 2) tortious or statutorily prohibited business activity, unfair competition, or antitrust claims; 3) the sale, consolidation, or merger of a business organization or the conversion, share LRB-2002/1 SWB:emw 1) the 2025 - 2026 Legislature SENATE BILL 80 exchange, or sale of substantially all of the assets of a business organization; 4) the issuance, sale, or transfer of securities; 5) intellectual property rights; 6) the relationship between a franchisor and franchisee or similar distribution relationship; 7) certain claims or disputes involving the Uniform Commercial Code, when the amount in controversy exceeds $100,000; 8) receiverships in excess of $250,000; 9) confirmation of arbitration awards and compelling or enforcing arbitration awards when the amount in controversy exceeds $100,000; and 10) real estate construction disputes when the amount in controversy exceeds $250,000. The bill provides that certain types of cases are ineligible for assignment to the commercial court docket, including small claims cases, cases involving a governmental entity or political subdivision seeking to enforce a statutory or regulatory restriction or prohibition, or disputes between landlords and tenants. The commercial court docket created under the bill is a commercial case docket that generally involves disputes between commercial entities rather than individuals and does not include actions typically involving individuals such as personal injury suits, products liability, malpractice, or other tort claims or landlord and tenant disputes or similar claims. Under the bill, parties may jointly move for discretionary assignment of a case to the commercial court docket if the case is one that is not identified under the mandatory criteria but is not otherwise ineligible for assignment. The bill provides that a decision granting or denying a motion for a discretionary assignment of a case to the commercial court docket is final and nonappealable. The bill also allows that parties to a case that is filed in a judicial administrative district that does not have a dedicated commercial court docket may, in certain circumstances, jointly petition for transfer of the case to a commercial court docket. Under the bill, no party may withdraw a request for transfer to the commercial court docket after a judicial assignment of the case has been made. In Committee
SB226 Determination of where a defendant resides or does substantial business for purposes of venue. Under current law, with certain exceptions, venue in civil actions or special proceedings must be in either the county where the claim arose, the county where the real or tangible personal property, or some part thereof, which is the subject of the claim is situated, the county where a defendant resides or does substantial business, or, if none of the foregoing apply, in any county designated by the plaintiff. This bill provides that, for the purposes of determining whether a county is a proper venue based on where a defendant resides or does substantial business, a court may not consider the participation of a party joined to the civil action or special proceeding because their joinder is needed for just and complete adjudication, as provided under current law, or a party joined to the civil action or special proceeding whose joinder is permissive, as provided under current law. Further, this bill provides that, for the purposes of determining where a business entity resides or does substantial business, a business entity shall be deemed to reside in the place of incorporation or organization and shall be deemed to do substantial business only in the county of its principal place of business. LRB-1971/1 JPC&SWB:amn 2025 - 2026 Legislature SENATE BILL 226 In Committee
AB225 Determination of where a defendant resides or does substantial business for purposes of venue. Under current law, with certain exceptions, venue in civil actions or special proceedings must be in either the county where the claim arose, the county where the real or tangible personal property, or some part thereof, which is the subject of the claim is situated, the county where a defendant resides or does substantial business, or, if none of the foregoing apply, in any county designated by the plaintiff. This bill provides that, for the purposes of determining whether a county is a proper venue based on where a defendant resides or does substantial business, a court may not consider the participation of a party joined to the civil action or special proceeding because their joinder is needed for just and complete adjudication, as provided under current law, or a party joined to the civil action or special proceeding whose joinder is permissive, as provided under current law. Further, this bill provides that, for the purposes of determining where a business entity resides or does substantial business, a business entity shall be deemed to reside in the place of incorporation or organization and shall be deemed to do substantial business only in the county of its principal place of business. In Committee
AB188 Reduction of penalty surcharge when certain fines or forfeitures reduced. (FE) Under current law, when a court imposes a fine or forfeiture for certain violations of state law or municipal or county ordinances, a penalty surcharge in the amount of 26 percent of the amount of the fine or forfeiture is also imposed. Current law provides that when a fine or forfeiture is suspended in whole or in part, the penalty surcharge must be reduced in proportion to the suspension. This bill requires the same rule to be applied for reduction of a fine or forfeiture. Under the bill, when a fine or forfeiture to which the penalty surcharge applies is reduced, the penalty surcharge must also be reduced in proportion to the reduction. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB35 Withdrawal of candidacy for certain offices filled at the general election and providing a penalty. (FE) Current law provides that any person seeking an elective office who files nomination papers and qualifies to appear on the ballot may not decline nomination. The person[s name must appear on the ballot except in the case of death. Under this bill, a person who files nomination papers with the Elections Commission for an office to be filled at the general election nevertheless does not qualify to appear on the ballot at the partisan primary or general election, and the person[s name is prohibited from appearing on the ballot, if before the last day provided in current law for the Elections Commission to certify candidates[ names to the counties for the partisan primary or general election, the person files a sworn statement with the commission attesting that the person withdraws his or her candidacy. Under current law, independent candidates for president and vice president and candidates for the U.S. Senate and House of Representatives, the state senate and assembly, governor and lieutenant governor, secretary of state, state treasurer, and district attorney file such nomination papers with the commission. The bill includes all of those offices except district attorney. The bill also requires the Elections Commission to establish and implement a process by which the commission verifies the authenticity of such sworn statements filed with the commission. The bill additionally requires that a person withdrawing his or her candidacy for for national or statewide office pay a fee of $1,000 to the Elections Commission. A person withdrawing his or her candidacy for an office that is not elected statewide must pay a fee of $250 to the commission. Under the bill, a person who intentionally makes or files a false statement withdrawing a person[s candidacy is guilty of a Class G felony, the penalty for which is a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both. Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB198 Various changes to the unemployment insurance law and requiring approval by the Joint Committee on Finance of certain federally authorized unemployment benefits. (FE) UNEMPLOYMENT INSURANCE This bill makes various changes in the unemployment insurance (UI) law, which is administered by the Department of Workforce Development. Significant changes include all of the following: Misconduct Currently, if an employee is discharged for misconduct connected with his or her employment, the employee is ineligible to receive UI benefits until certain requalification criteria are satisfied. In addition, all wages earned with the employer that discharges the employee are excluded in determining the amount of any future benefits to which the employee is entitled. Current law provides a LRB-2741/1 MED:skw 2025 - 2026 Legislature SENATE BILL 198 general definition of misconduct and also specifies a number of specific actions that constitute misconduct. The bill does all of the following with respect to what is considered misconduct: 1. Current law specifically provides that misconduct includes theft of an employer[s property or services with intent to deprive the employer of the property or services permanently, theft of currency of any value, felonious conduct connected with an employee[s employment with his or her employer, or intentional or negligent conduct by an employee that causes substantial damage to his or her employer[s property. The bill does the following: a. Eliminates the requirement that the employee have intent to deprive the employer of the property or services permanently. b. Provides that intentional or negligent conduct by an employee that causes the destruction of an employer[s records is also considered misconduct. c. Adds unauthorized possession of an employer[s property, theft or unauthorized distribution of an employer[s confidential or proprietary information, and use of an employer[s credit card or other financial instrument for an unauthorized or nonbusiness purpose without prior approval from the employer to the list of what is considered misconduct. 2. Current law specifically provides that misconduct includes absenteeism by an employee on more than two occasions within the 120-day period before the date of the employee[s termination, unless otherwise specified by his or her employer in an employment manual of which the employee has acknowledged receipt with his or her signature, or excessive tardiness by an employee in violation of a policy of the employer that has been communicated to the employee, if the employee does not provide to his or her employer both notice and one or more valid reasons for the absenteeism or tardiness. The bill instead provides that misconduct includes both of the following: 1) a violation of an employer[s reasonable policy that covers employee absenteeism, tardiness, or both and that results in an employee[s termination, if that termination is in accordance with that policy and the policy is specified by the employer in an employment manual of which the employee has acknowledged receipt with his or her signature; and 2) if an employer does not have a policy covering absenteeism that meets the criteria just described, absenteeism on more than two occasions within the 120-day period preceding an employee[s termination, if the employee does not provide to the employer both notice and one or more valid reasons for the absenteeism. 3. The bill specifically provides that misconduct includes a violation by an employee of an employer[s reasonable employment policy that covers the use of social media specified by the employer in an employment manual of which the employee has acknowledged receipt with his or her signature. General qualifying requirements Under current law, a claimant for UI benefits is generally required to 1) register for work, 2) be able to work and available for work, and 3) conduct a work LRB-2741/1 MED:skw 2025 - 2026 Legislature SENATE BILL 198 search for each week in order to remain eligible. A claimant is required to conduct at least four work search actions each week, and DWD may require, by rule, that an individual conduct more than four work search actions per week. Finally, if a claimant is claiming benefits for a week other than an initial week, the claimant must provide information or job application materials that are requested by DWD and participate in a public employment office workshop or training program or in similar reemployment services required by DWD. The bill does the following: 1. Requires a claimant who resides outside this state and who is claiming benefits for a week other than an initial week to register with his or her local job center website or labor market exchange and requires DWD to verify that each such claimant has complied with that requirement. 2. Requires DWD to conduct random audits for at least 50 percent of all work search actions reported to have been performed by claimants. Current law requires random audits of work search actions, but does not require a specific number or level of audits. OTHER CHANGES UI benefit augmentations subject to review by Joint Committee on Finance The bill provides that whenever any UI benefit augmentation is provided for through an act of Congress or by executive action of the president of the United States, the cochairpersons of the Joint Committee on Finance must be notified, in writing, of the proposed benefit augmentation. The bill defines Xbenefit augmentationY to mean any action whereby the governor or any other state official or agency would encumber or expend moneys received from, or accept reimbursement from, the federal government or whereby the governor or any other state agency or official would enter into any contract or agreement with the federal government or any federal agency to 1) increase the weekly UI benefit rate payable to claimants above what is provided under state law, or 2) increase the total amount of UI benefits to which a claimant is entitled above what is provided under state law. Under the bill, such a benefit augmentation is subject to a seven-day passive review by the Joint Committee on Finance. In addition, the bill provides that no benefit augmentation may be effectuated unless it is subject to termination or cancellation by the Joint Committee on Finance. Worker[s compensation; misconduct Currently, under the worker[s compensation law, an employer is not liable for temporary disability benefits during an employee[s healing period if the employee is suspended or terminated from employment due to misconduct, as defined under the UI law. Under the bill, the changes to the UI law[s definition of misconduct described above apply under the worker[s compensation law as well. LRB-2741/1 MED:skw 2025 - 2026 Legislature SENATE BILL 198 For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB201 Workforce metrics. (FE) This bill requires any state agency or authority that operates, coordinates, or oversees a workforce development program or activity, as defined in the bill, to track and report, at least annually, on the performance of that workforce development program or activity, using the primary indicators of performance under the federal Workforce Innovation and Opportunity Act. These performance indicators are: 1) the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program; 2) the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program; 3) the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program; 4) the percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent during participation in or within one year after exit from the program; 5) the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward LRB-2742/1 MED:cdc 2025 - 2026 Legislature SENATE BILL 201 such a credential or employment; and 6) the indicators of effectiveness in serving employers, defined currently as the percentage of participants in unsubsidized employment during the second quarter after exit from the program who were employed by the same employer in the second and fourth quarters after exit. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB162 Workforce metrics. (FE) This bill requires any state agency or authority that operates, coordinates, or oversees a workforce development program or activity, as defined in the bill, to track and report, at least annually, on the performance of that workforce development program or activity, using the primary indicators of performance under the federal Workforce Innovation and Opportunity Act. These performance indicators are: 1) the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program; 2) the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program; 3) the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program; 4) the percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent during participation in or within one year after exit from the program; 5) the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment; and 6) the indicators of effectiveness in serving employers, defined currently as the percentage of participants in unsubsidized employment during the second quarter after exit from the program who were employed by the same employer in the second and fourth quarters after exit. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. Crossed Over
AB167 Various changes to the unemployment insurance law and requiring approval by the Joint Committee on Finance of certain federally authorized unemployment benefits. (FE) UNEMPLOYMENT INSURANCE This bill makes various changes in the unemployment insurance (UI) law, which is administered by the Department of Workforce Development. Significant changes include all of the following: Misconduct Currently, if an employee is discharged for misconduct connected with his or her employment, the employee is ineligible to receive UI benefits until certain requalification criteria are satisfied. In addition, all wages earned with the employer that discharges the employee are excluded in determining the amount of any future benefits to which the employee is entitled. Current law provides a general definition of misconduct and also specifies a number of specific actions that constitute misconduct. The bill does all of the following with respect to what is considered misconduct: 1. Current law specifically provides that misconduct includes theft of an employer[s property or services with intent to deprive the employer of the property or services permanently, theft of currency of any value, felonious conduct connected with an employee[s employment with his or her employer, or intentional or negligent conduct by an employee that causes substantial damage to his or her employer[s property. The bill does the following: a. Eliminates the requirement that the employee have intent to deprive the employer of the property or services permanently. b. Provides that intentional or negligent conduct by an employee that causes the destruction of an employer[s records is also considered misconduct. c. Adds unauthorized possession of an employer[s property, theft or unauthorized distribution of an employer[s confidential or proprietary information, and use of an employer[s credit card or other financial instrument for an unauthorized or nonbusiness purpose without prior approval from the employer to the list of what is considered misconduct. 2. Current law specifically provides that misconduct includes absenteeism by an employee on more than two occasions within the 120-day period before the date of the employee[s termination, unless otherwise specified by his or her employer in an employment manual of which the employee has acknowledged receipt with his or her signature, or excessive tardiness by an employee in violation of a policy of the employer that has been communicated to the employee, if the employee does not provide to his or her employer both notice and one or more valid reasons for the absenteeism or tardiness. The bill instead provides that misconduct includes both of the following: 1) a violation of an employer[s reasonable policy that covers employee absenteeism, tardiness, or both and that results in an employee[s termination, if that termination is in accordance with that policy and the policy is specified by the employer in an employment manual of which the employee has acknowledged receipt with his or her signature; and 2) if an employer does not have a policy covering absenteeism that meets the criteria just described, absenteeism on more than two occasions within the 120-day period preceding an employee[s termination, if the employee does not provide to the employer both notice and one or more valid reasons for the absenteeism. 3. The bill specifically provides that misconduct includes a violation by an employee of an employer[s reasonable employment policy that covers the use of social media specified by the employer in an employment manual of which the employee has acknowledged receipt with his or her signature. General qualifying requirements Under current law, a claimant for UI benefits is generally required to 1) register for work, 2) be able to work and available for work, and 3) conduct a work search for each week in order to remain eligible. A claimant is required to conduct at least four work search actions each week, and DWD may require, by rule, that an individual conduct more than four work search actions per week. Finally, if a claimant is claiming benefits for a week other than an initial week, the claimant must provide information or job application materials that are requested by DWD and participate in a public employment office workshop or training program or in similar reemployment services required by DWD. The bill does the following: 1. Requires a claimant who resides outside this state and who is claiming benefits for a week other than an initial week to register with his or her local job center website or labor market exchange and requires DWD to verify that each such claimant has complied with that requirement. 2. Requires DWD to conduct random audits for at least 50 percent of all work search actions reported to have been performed by claimants. Current law requires random audits of work search actions, but does not require a specific number or level of audits. OTHER CHANGES UI benefit augmentations subject to review by Joint Committee on Finance The bill provides that whenever any UI benefit augmentation is provided for through an act of Congress or by executive action of the president of the United States, the cochairpersons of the Joint Committee on Finance must be notified, in writing, of the proposed benefit augmentation. The bill defines Xbenefit augmentationY to mean any action whereby the governor or any other state official or agency would encumber or expend moneys received from, or accept reimbursement from, the federal government or whereby the governor or any other state agency or official would enter into any contract or agreement with the federal government or any federal agency to 1) increase the weekly UI benefit rate payable to claimants above what is provided under state law, or 2) increase the total amount of UI benefits to which a claimant is entitled above what is provided under state law. Under the bill, such a benefit augmentation is subject to a seven-day passive review by the Joint Committee on Finance. In addition, the bill provides that no benefit augmentation may be effectuated unless it is subject to termination or cancellation by the Joint Committee on Finance. Worker[s compensation; misconduct Currently, under the worker[s compensation law, an employer is not liable for temporary disability benefits during an employee[s healing period if the employee is suspended or terminated from employment due to misconduct, as defined under the UI law. Under the bill, the changes to the UI law[s definition of misconduct described above apply under the worker[s compensation law as well. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. Crossed Over
SB151 Requests for information from employers about unemployment insurance claims. Under current rules of the Department of Workforce Development, in order to determine unemployment insurance (UI) benefit claims, DWD may require employers to provide information about claimants[ employment separations, dates of work, wages and other payments, and other issues that may be disqualifying. This bill requires DWD to allow an employer no less than 12 business days to respond to an initial request for information about a UI benefit claim. In Committee
SB205 Information provided to voters concerning proposed constitutional amendments and other statewide referenda. (FE) Current law requires that each proposed constitutional amendment, contingent referendum, advisory referendum, or other proposal requiring a statewide referendum that is passed by the legislature include a complete statement of the ballot question to be voted on at the referendum. The ballot question may not be worded in such a manner as to require a negative vote to approve a proposition or an affirmative vote to disapprove a proposition. Also under current law, the attorney general must prepare an explanatory statement for each proposed constitutional amendment or other statewide referendum describing the effect of either a XyesY or XnoY vote on each ballot question. This bill eliminates the requirement that the attorney general prepare such an explanatory statement. Instead, the bill requires that each proposal for a constitutional amendment or other statewide referendum that passes both houses of the legislature contain a complete state referendum disclosure notice that includes all of the following: 1. The date of the referendum. LRB-2640/1 MPG:wlj 2025 - 2026 Legislature SENATE BILL 205 2. The entire text of the ballot question and proposed constitutional amendment or enactment, if any. 3. To the extent applicable, a plain language summary of current law. 4. An explanation in plain language of the effect of the proposed constitutional amendment or other statewide referendum. 5. An explanation in plain language of the effect of a XyesY vote and the effect of a XnoY vote. Under the bill, the content under items 3 to 5 combined may not exceed one page on paper not less than 8 1/2 inches by 11 inches and printed in at least 12- point font. Under the bill, the complete state referendum disclosure notice agreed to by both houses of the legislature must be included in the type C notice entitled XNotice of ReferendumY that each county clerk must provide prior to any referendum. Current law requires that the text of the type C notice be posted at polling places on election day in such a manner as to be readily observed by voters entering the polling place or waiting in line to vote. As such, the complete state referendum disclosure notice must be so posted at the polls on election day. Additionally, for at least 30 days prior to the date of a statewide referendum, the complete state referendum disclosure notice must be published by the Elections Commission on the website used for voter registration, currently titled MyVote Wisconsin, or other voter public access website maintained by the commission and must be posted by each county clerk at the county clerk[s office and published by the county clerk on the county clerk[s website. Finally, the notice must be included with absentee ballots provided to voters for voting in a statewide referendum. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB229 The law enforcement officers’ bill of rights. Current law contains a law enforcement officers[ bill of rights that protects certain law enforcement officers[ rights relating to their engagement or lack of engagement in political activity, the manner in which they may be subject to interrogation, and their candidacy for public office and provides that a law enforcement officer may not be discharged; disciplined; demoted or denied promotion, transfer, or reassignment; or otherwise discriminated against in regard to employment for exercising such rights. Under current law, this bill of rights applies only to law enforcement officers employed by a city, village, town, or county. This bill applies the law enforcement officers[ bill of rights to any person employed by the state or by a city, village, town, or county for the purpose of detecting and preventing crime and enforcing laws or ordinances, who is authorized to make arrests for violations of the laws or ordinances that he or she is employed to enforce. In Committee
SB234 Posting the child abuse and neglect reporting hotline in school buildings. (FE) This bill requires each school board, operator of an independent charter school, and governing body of a private school participating in a parental choice program or the Special Needs Scholarship Program to post in a conspicuous location in a public area of each school building a sign that contains the telephone number for the local county or state agency that is responsible for receiving reports of, and conducting investigations regarding, child abuse or neglect. For further information see the local fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB51 Participation in interscholastic athletics and application of the public records and open meetings laws to interscholastic athletic associations. This bill prohibits a school district from being a member of an interscholastic athletic association unless the association elects to be governed by the state[s public records and open meetings laws. An interscholastic athletic association that elects to be governed by the public records and open meetings laws is subject to those laws. Under the bill, an interscholastic athletic association can be either a nonprofit, unincorporated association or a nonstock, nonprofit corporation if the unincorporated association or corporation coordinates athletic events or contests for students enrolled in grades 9 to 12 in public schools. The bill includes exceptions for records of an interscholastic athletic association pertaining to individual referees or individual pupils. In Committee
SB227 The law enforcement officers’ bill of rights. Current law contains a law enforcement officers[ bill of rights that protects certain law enforcement officers[ rights relating to their engagement or lack of engagement in political activity, the manner in which they may be subject to interrogation, and their candidacy for public office and provides that a law enforcement officer may not be discharged; disciplined; demoted or denied promotion, transfer, or reassignment; or otherwise discriminated against in regard to employment for exercising such rights. Under current law, this bill of rights applies only to law enforcement officers employed by a city, village, town, or county. This bill applies the law enforcement officers[ bill of rights to any person employed by the state or by a city, village, town, or county for the purpose of detecting and preventing crime and enforcing laws or ordinances, who is authorized to make arrests for violations of the laws or ordinances that he or she is employed to enforce. In Committee
SB220 Residency requirements for persons circulating nomination papers or recall petitions. Under current law, any person may circulate nomination papers for a candidate if the person is eligible to vote in Wisconsin or is a U.S. citizen aged 18 or older who, if he or she were a Wisconsin resident, would not be disqualified from voting in the state. A person is eligible to vote in Wisconsin if he or she is a U.S. citizen aged 18 or older who has resided in an election district in this state for at least 28 consecutive days. Under this bill, a person must be eligible to vote in Wisconsin in order to circulate nomination papers for a candidate. However, under the bill, nomination papers and petitions for the candidacy of candidates for the offices of president and vice president of the United States may continue to be circulated by any person eligible to vote in Wisconsin or by any U.S. citizen aged 18 or older who, if he or she were a Wisconsin resident, would not be disqualified from voting in the state. Similarly, under current law, any person who is eligible to vote in Wisconsin or who is a U.S. citizen aged 18 or older and who, if he or she were a Wisconsin LRB-2251/1 MPG:wlj 2025 - 2026 Legislature SENATE BILL 220 resident, would not be disqualified from voting in the state may circulate a recall petition. Under the bill, a person must be eligible to vote in Wisconsin in order to circulate a recall petition and have the signatures on the petition be counted toward a recall. In Committee
AB165 Local guaranteed income programs. This bill prohibits a political subdivision from expending moneys of the political subdivision for the purpose of making payments to individuals under a guaranteed income program. XGuaranteed income programY is defined under the bill to mean a program under which individuals are provided with regular periodic cash payments that are unearned and that may be used for any purpose. Programs under which an individual is required to perform work or attend training are not Xguaranteed income programsY under the bill. Crossed Over
SB122 Limitations on the total value of taxable property that may be included in a tax incremental financing district created in the city of Port Washington. (FE) Under current law, the equalized value of taxable property of a new or amended tax incremental district (TID) plus the value increment of all existing TIDs in a city or village may not exceed 12 percent of the total equalized value of taxable property in the city or village. Under this bill, the 12 percent rule does not apply to TID Number 5 created by the city of Port Washington. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB135 The right to repair motor vehicles and providing a penalty. (FE) This bill prohibits motor vehicle manufacturers from employing certain barriers that impair the ability of the motor vehicle owners and the persons that repair motor vehicles from accessing motor vehicles[ vehicle-generated data, critical repair information, or tools in order to repair the motor vehicles; that affect motor vehicle owners[ ability to use a vehicle towing provider or service provider of their choice; or that affect motor vehicle owners[ abilities to diagnose, repair, and maintain their vehicle in the same manner as would the motor vehicle manufacturer. The bill also prohibits motor vehicle manufacturers from employing certain barriers that affect the ability of aftermarket parts manufacturers, aftermarket parts remanufacturers, motor vehicle equipment manufacturers, motor vehicle repair facilities, distributors, or service providers to produce or offer compatible aftermarket parts. Additionally, the bill requires motor vehicle manufacturers to provide to motor vehicle owners and certain other entities access to certain data and tools related to the repair of the motor vehicles it manufactures. The bill also prohibits motor vehicle manufacturers from making certain mandates in regards to what parts, tools, or equipment must be used on its vehicles. A manufacturer that violates a provision of the bill is subject to a forfeiture of $10,000 per violation. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB58 Flags flown, hung, or displayed from a flagpole or the exterior of state and local buildings and eliminating a related administrative rule. This bill prohibits, with certain exceptions, any flag other than the U.S. flag and the flag of the state of Wisconsin from being flown, hung, or displayed from a flagpole or the exterior of any state office building or facility, including the state capitol, or from any local government building or school building. The bill also repeals an administrative rule that includes a similar requirement but authorizes the governor to direct otherwise. In Committee
SB206 Voidable provisions in residential rental agreements and the application of the Wisconsin Consumer Act to leases. (FE) Under current law, a residential lease is void and unenforceable if it contains certain provisions (voidable provisions). Examples of voidable provisions include provisions that: 1) allow landlords to refuse to renew a lease because a tenant has contacted an entity for law enforcement, health, or safety services; 2) waive a landlord[s obligation to mitigate damages; 3) impose liability on a tenant for personal injury arising from causes clearly beyond the tenant[s control, and; 4) allow landlords to terminate a tenancy for a crime committed in relation to the rental property when the tenant[s lease did not include a statutorily required notice of domestic abuse protections. This bill provides that if court of competent jurisdiction finds that a residential lease includes a voidable provision, a tenant may elect to: 1) void the lease and have their tenancy converted into a periodic tenancy, or; 2) sever the voidable provision from their lease and continue under the remainder of the lease. In addition, in April 2024, the Wisconsin Court of Appeals published a decision, Koble Invs. v Marquardt, 2024 WI App 26, regarding certain landlord and CORRECTED COPY LRB-2555/1 JAM:cdc 2025 - 2026 Legislature SENATE BILL 206 tenant matters. As of February 28, 2025, the case was on appeal to the Wisconsin Supreme Court, with parties[ first briefings due to the court in March 2025. Among the holdings in Koble, the court of appeals determined that a particular landlord was acting as a Xdebt collectorY and that landlord[s tenant was a XcustomerY as those terms are defined under Wisconsin Consumer Act. The court of appeals also held that because the landlord violated a provision of the Wisconsin Consumer Act, the tenant[s attorney was entitled to recover reasonable attorney fees and court costs. Under this bill, the Wisconsin Consumer Act does not apply to residential leases or mobile home leases. In the same case, the court of appeals held that the tenant[s lease was void and unenforceable under landlord and tenant law, and that, under another law enforcing fair methods of competition, the tenant could recover twice the amount of the tenant[s pecuniary loss, together with reasonable attorney fees and court costs. The bill provides that under landlord and tenant law, a person injured by a voidable provision can recover twice the amount of the pecuniary loss, together with reasonable attorney fees and court costs, and provides that such pecuniary loss does not include any rent paid by the tenant. The bill also limits the remedies a person may seek when a rental agreement includes a voidable provision to only those remedies provided in the bill. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB129 The right to repair motor vehicles and providing a penalty. (FE) This bill prohibits motor vehicle manufacturers from employing certain barriers that impair the ability of the motor vehicle owners and the persons that repair motor vehicles from accessing motor vehicles[ vehicle-generated data, critical repair information, or tools in order to repair the motor vehicles; that affect motor vehicle owners[ ability to use a vehicle towing provider or service provider of their choice; or that affect motor vehicle owners[ abilities to diagnose, repair, and maintain their vehicle in the same manner as would the motor vehicle manufacturer. The bill also prohibits motor vehicle manufacturers from employing certain barriers that affect the ability of aftermarket parts manufacturers, aftermarket parts remanufacturers, motor vehicle equipment manufacturers, motor vehicle repair facilities, distributors, or service providers to produce or offer compatible aftermarket parts. Additionally, the bill requires motor vehicle manufacturers to provide to motor vehicle owners and certain other entities access to certain data and tools related to the repair of the motor vehicles it manufactures. The bill also prohibits motor vehicle manufacturers from making certain mandates in regards to what parts, tools, or equipment must be used on its vehicles. A manufacturer that violates a provision of the bill is subject to a forfeiture of $10,000 per violation. LRB-2114/1 JAM:skw&wlj 2025 - 2026 Legislature SENATE BILL 129 For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB34 Withdrawal of candidacy for certain offices filled at the general election and providing a penalty. (FE) Current law provides that any person seeking an elective office who files nomination papers and qualifies to appear on the ballot may not decline nomination. The person[s name must appear on the ballot except in the case of death. Under this bill, a person who files nomination papers with the Elections Commission for an office to be filled at the general election nevertheless does not qualify to appear on the ballot at the partisan primary or general election, and the person[s name is prohibited from appearing on the ballot, if before the last day provided in current law for the Elections Commission to certify candidates[ names to the counties for the partisan primary or general election, the person files a sworn statement with the commission attesting that the person withdraws his or her candidacy. Under current law, independent candidates for president and vice president and candidates for the U.S. Senate and House of Representatives, the state senate and assembly, governor and lieutenant governor, secretary of state, state treasurer, and district attorney file such nomination papers with the commission. The bill includes all of those offices except district attorney. The bill also requires the Elections Commission to establish and implement a process by LRB-1342/1 MPG:klm 2025 - 2026 Legislature SENATE BILL 34 which the commission verifies the authenticity of such sworn statements filed with the commission. The bill additionally requires that a person withdrawing his or her candidacy for for national or statewide office pay a fee of $1,000 to the Elections Commission. A person withdrawing his or her candidacy for an office that is not elected statewide must pay a fee of $250 to the commission. Under the bill, a person who intentionally makes or files a false statement withdrawing a person[s candidacy is guilty of a Class G felony, the penalty for which is a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both. Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
SB92 Theft crimes and providing a penalty. (FE) Under current law, the penalty for the crime of property theft varies by the value of the property taken. The penalty ranges from a Class A misdemeanor if the value of the property is not more than $2,500 to a Class F felony if the value of the property exceeds $100,000. Similarly, the penalty for the crime of retail theft varies by the value of the merchandise or service that is taken. The penalty ranges from a Class A misdemeanor if the value is not more than $500 to a Class G felony if the value exceeds $10,000. This bill specifies that, if, in a six-month period, a defendant commits more than one violation of property theft or more than one violation of retail theft, the value of items taken at each violation may be aggregated and the crimes may be prosecuted as one property theft crime or one retail theft crime. The penalty for the crime would be determined by the aggregated value of the items taken. Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. LRB-2282/1 CMH:emw 2025 - 2026 Legislature SENATE BILL 92 In Committee
SB202 Local guaranteed income programs. This bill prohibits a political subdivision from expending moneys of the political subdivision for the purpose of making payments to individuals under a guaranteed income program. XGuaranteed income programY is defined under the bill to mean a program under which individuals are provided with regular periodic cash payments that are unearned and that may be used for any purpose. Programs under which an individual is required to perform work or attend training are not Xguaranteed income programsY under the bill. In Committee
AB163 Redeterminations of eligibility for the Medical Assistance program and database confirmation for public assistance program eligibility. (FE) This bill makes various changes to eligibility determinations for the Medical Assistance program. Currently, the Department of Health Services administers the Medical Assistance program, a joint federal and state program that provides health services to individuals who have limited financial resources. The bill prohibits DHS from automatically renewing the eligibility of a recipient under the Medical Assistance program. DHS must determine an individual[s eligibility every six months under the bill. DHS is also prohibited from using prepopulated forms or otherwise supplying information, except for name and address, to a recipient under the Medical Assistance program that has been supplied to DHS. Additionally, any recipient under the Medical Assistance program that fails to report to DHS or its designee any change that may affect eligibility within 10 days following such a change is ineligible for benefits for six months from the date DHS discovers the failure to report the change. Under current law, knowingly concealing or failing to disclose any event that an individual knows affects the initial or continued right to a Medical Assistance benefit is subject to a forfeiture of not less than $100 nor more than $15,000 for each concealment or failure. If DHS determines that it is necessary to obtain permission from the federal Department of Health and Human Services to implement any portion of the bill with respect to the Medical Assistance program, the bill requires DHS to request any state plan amendment, waiver of federal law, or other federal approval necessary to implement that portion of the bill. The bill requires DHS to enter into data-sharing agreements with any agency that maintains a database of financial or personal information about residents of this state. DHS must confirm the information of an applicant for a public assistance program against the information contained in those databases. The bill also requires DHS to share data for the purpose of confirming eligibility for public assistance programs. Current law requires DHS and the Department of Children and Families to compare each department[s respective databases against the databases of death records to identify deceased participants. The bill directs DHS to complete a redetermination of eligibility for all recipients of Medical Assistance and immediately remove from Medical Assistance any recipient who is ineligible before January 1, 2026. For all such individuals removed from the Medical Assistance program, the bill directs DHS to inform them of the availability of coverage under a qualified health plan that is offered through an American health benefit exchange and that they may be eligible for premium assistance. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. In Committee
AB151 A presumption that equalizing physical placement to the highest degree is in the child’s best interest. Under current law, a court must set a physical placement schedule in an action affecting the family that allows a child to have regularly occurring, meaningful periods of physical placement and that maximizes the amount of time for a child with each parent and that is based on the best interest of the child. The Wisconsin Supreme Court in Landwehr v. Landwehr, 2006 WI 64, 291 Wis. 2d 49, 715 N.W.2d 180, has stated that this standard does not require equal placement for a child with both parents. This bill removes the current standard for determining a physical placement schedule and instead creates a presumption that equal placement of a child with both parents is in the child[s best interest. The presumption is rebutted if a court finds by a preponderance of the evidence, after considering all of the statutory best- interest factors, that equalizing physical placement time between parents would not be in a child[s best interest. In Committee
SB157 Prohibiting gender transition medical intervention for individuals under 18 years of age. This bill prohibits health care providers from engaging in, causing the engagement in, or making referrals for, certain medical intervention practices upon an individual under 18 years of age if done for the purpose of changing the minor[s body to correspond to a sex that is discordant with the minor[s biological sex. The prohibitions under the bill do not apply to any of the following: provider providing a service in accordance with a good faith medical decision of a parent or guardian of a minor born with a medically verifiable genetic disorder of sex development; 2) the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of a gender transition medical procedure, whether or not that procedure was performed in accordance with state and federal law; or 3) any procedure undertaken because the minor suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the minor in imminent danger of death or impairment of a major bodily function unless surgery is performed. LRB-1359/1 SWB&JPC:cjs 1) a health care 2025 - 2026 Legislature SENATE BILL 157 Under the bill, the Board of Nursing, the Medical Examining Board, and the Physician Assistant Affiliated Credentialing Board are required to investigate any allegation that any person licensed or certified by the respective boards has violated any of the prohibitions on engaging in, causing the engagement in, or making certain referrals for the medical intervention practices described in the bill. Upon a finding by the Board of Nursing, the Medical Examining Board, or the Physician Assistant Affiliated Credentialing Board that the holder of a license or certificate has violated any of these prohibitions, the bill requires the Board of Nursing, the Medical Examining Board, or the Physician Affiliated Credentialing Board to revoke that person[s license or certificate. In Committee
SB161 A presumption that equalizing physical placement to the highest degree is in the child’s best interest. Under current law, a court must set a physical placement schedule in an action affecting the family that allows a child to have regularly occurring, meaningful periods of physical placement and that maximizes the amount of time for a child with each parent and that is based on the best interest of the child. The Wisconsin Supreme Court in Landwehr v. Landwehr, 2006 WI 64, 291 Wis. 2d 49, 715 N.W.2d 180, has stated that this standard does not require equal placement for a child with both parents. This bill removes the current standard for determining a physical placement schedule and instead creates a presumption that equal placement of a child with both parents is in the child[s best interest. The presumption is rebutted if a court finds by a preponderance of the evidence, after considering all of the statutory best- interest factors, that equalizing physical placement time between parents would not be in a child[s best interest. LRB-2146/1 SWB:cdc 2025 - 2026 Legislature SENATE BILL 161 In Committee
AB104 Prohibiting gender transition medical intervention for individuals under 18 years of age. This bill prohibits health care providers from engaging in, causing the engagement in, or making referrals for, certain medical intervention practices upon an individual under 18 years of age if done for the purpose of changing the minor[s body to correspond to a sex that is discordant with the minor[s biological sex. The prohibitions under the bill do not apply to any of the following: provider providing a service in accordance with a good faith medical decision of a parent or guardian of a minor born with a medically verifiable genetic disorder of sex development; 2) the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of a gender transition medical procedure, whether or not that procedure was performed in accordance with state and federal law; or 3) any procedure undertaken because the minor suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the minor in imminent danger of death or impairment of a major bodily function unless surgery is performed. Under the bill, the Board of Nursing, the Medical Examining Board, and the Physician Assistant Affiliated Credentialing Board are required to investigate any allegation that any person licensed or certified by the respective boards has violated any of the prohibitions on engaging in, causing the engagement in, or making certain referrals for the medical intervention practices described in the bill. Upon a finding by the Board of Nursing, the Medical Examining Board, or the Physician Assistant Affiliated Credentialing Board that the holder of a license or certificate has violated any of these prohibitions, the bill requires the Board of Nursing, the Medical Examining Board, or the Physician Affiliated Credentialing Board to revoke that person[s license or certificate. Crossed Over
SB51 Flags flown at state and local government buildings and eliminating a related administrative rule. This bill prohibits any flag other than the U.S. flag, the state flag, the official POW/MIA flag recognized by Congress, and the official flags of each branch of the U.S. armed forces from being flown, hung, or displayed from any flagpole or building, structure, or facility, including the state capitol, that is owned or occupied entirely by a state agency or authority or by a city, village, town, or county. However, the bill authorizes the legislature to make exceptions for state flagpoles and facilities by joint resolution adopted by a three-fourths majority vote of all members elected to each house. Similarly, a city, village, town, or county may make exceptions for its flagpoles and facilities by a three-fourths majority vote of all members elected to its governing body. The bill also repeals an administrative rule that includes requirements similar to those of the bill but that authorizes the governor to make exceptions. The bill delays its requirements for state flagpoles and facilities until January 1, 2027. LRB-1545/1 MPG:emw 2025 - 2026 Legislature SENATE BILL 51 In Committee
AB46 Flags flown at state and local government buildings and eliminating a related administrative rule. This bill prohibits any flag other than the U.S. flag, the state flag, the official POW/MIA flag recognized by Congress, and the official flags of each branch of the U.S. armed forces from being flown, hung, or displayed from any flagpole or building, structure, or facility, including the state capitol, that is owned or occupied entirely by a state agency or authority or by a city, village, town, or county. However, the bill authorizes the legislature to make exceptions for state flagpoles and facilities by joint resolution adopted by a three-fourths majority vote of all members elected to each house. Similarly, a city, village, town, or county may make exceptions for its flagpoles and facilities by a three-fourths majority vote of all members elected to its governing body. The bill also repeals an administrative rule that includes requirements similar to those of the bill but that authorizes the governor to make exceptions. The bill delays its requirements for state flagpoles and facilities until January 1, 2027. In Committee
AB102 Designating University of Wisconsin and technical college sports and athletic teams based on the sex of the participants. This bill requires each University of Wisconsin institution and technical college that operates or sponsors an intercollegiate or club athletic team or sport to designate the athletic team or sport as one of the following based on the sex of the participating students: 1) males or men; or 2) females or women. The bill defines XsexY as the sex determined by a physician at birth and reflected on the birth certificate. The bill also requires a UW institution or technical college to prohibit 1) a male student from participating on an athletic team or in a sport designated for females, and 2) a male student from using locker rooms designated for females. Crossed Over
AB100 Designating athletic sports and teams operated or sponsored by public schools or private schools participating in a parental choice program based on the sex of the participants. This bill requires each school board, independent charter school, and private school participating in a parental choice program (educational institution) that operates or sponsors an interscholastic, intramural, or club athletic team or sport to designate the athletic team or sport based on the sex of the participating pupils. The bill defines XsexY as the sex determined at birth by a physician and reflected on the birth certificate. The bill also requires an educational institution to prohibit a male pupil from 1) participating on an athletic team or in an athletic sport designated for females and 2) using a locker room designated for females. Finally, the bill requires the educational institution to notify pupils and parents if an educational institution intends to change a designation for an athletic team or sport. CORRECTED COPY Crossed Over
SB139 Transfer of nursing home beds. Under current law, the Department of Health Services licenses nursing home beds and beds in facilities primarily serving the developmentally disabled and enforces a maximum limit on the number of these licensed beds in the state. A nursing home may transfer a licensed bed to another nursing home under certain circumstances, including that the receiving nursing home is within the same area for allocation of nursing home beds as is the transferring home, or is in a county adjoining that area, that the transferring nursing home and the receiving nursing home are owned by corporations that are owned by the same person, and that DHS reviews and approves the transfer. This bill repeals the transfer of nursing home beds. Instead, closed nursing home beds will be made available for distribution under procedures specified under current law. Under current law, DHS is required to redistribute nursing home beds within a county if the number of other nursing home beds for each 1,000 persons 65 years of age or over in the county is less than 80 percent of the statewide average and the total occupancy level for the other nursing homes in the county is equal to or more than the statewide average nursing home occupancy rate. Further, DHS must publish a notice at least once per year describing the number of beds that are available in each health planning area of the state. Nursing homes may then apply LRB-0506/1 JPC:cjs 2025 - 2026 Legislature SENATE BILL 139 for any available beds. DHS is responsible for reviewing each application it receives and making decisions on each application using criteria specified by statute and any further criteria that DHS develops by rule. In Committee
AB119 Transfer of nursing home beds. Under current law, the Department of Health Services licenses nursing home beds and beds in facilities primarily serving the developmentally disabled and enforces a maximum limit on the number of these licensed beds in the state. A nursing home may transfer a licensed bed to another nursing home under certain circumstances, including that the receiving nursing home is within the same area for allocation of nursing home beds as is the transferring home, or is in a county adjoining that area, that the transferring nursing home and the receiving nursing home are owned by corporations that are owned by the same person, and that DHS reviews and approves the transfer. This bill repeals the transfer of nursing home beds. Instead, closed nursing home beds will be made available for distribution under procedures specified under current law. Under current law, DHS is required to redistribute nursing home beds within a county if the number of other nursing home beds for each 1,000 persons 65 years of age or over in the county is less than 80 percent of the statewide average and the total occupancy level for the other nursing homes in the county is equal to or more than the statewide average nursing home occupancy rate. Further, DHS must publish a notice at least once per year describing the number of beds that are available in each health planning area of the state. Nursing homes may then apply for any available beds. DHS is responsible for reviewing each application it receives and making decisions on each application using criteria specified by statute and any further criteria that DHS develops by rule. In Committee
SB116 Designating University of Wisconsin and technical college sports and athletic teams based on the sex of the participants. This bill requires each University of Wisconsin institution and technical college that operates or sponsors an intercollegiate or club athletic team or sport to designate the athletic team or sport as one of the following based on the sex of the participating students: 1) males or men; or 2) females or women. The bill defines XsexY as the sex determined by a physician at birth and reflected on the birth certificate. The bill also requires a UW institution or technical college to prohibit 1) a male student from participating on an athletic team or in a sport designated for females, and 2) a male student from using locker rooms designated for females. In Committee
SB117 Designating athletic sports and teams operated or sponsored by public schools or private schools participating in a parental choice program based on the sex of the participants. This bill requires each school board, independent charter school, and private school participating in a parental choice program (educational institution) that operates or sponsors an interscholastic, intramural, or club athletic team or sport to designate the athletic team or sport based on the sex of the participating pupils. The bill defines XsexY as the sex determined at birth by a physician and reflected on the birth certificate. The bill also requires an educational institution to prohibit a male pupil from 1) participating on an athletic team or in an athletic sport designated for females and 2) using a locker room designated for females. Finally, the bill requires the educational institution to notify pupils and parents if an educational institution intends to change a designation for an athletic team or sport. CORRECTED COPY LRB-1553/2 FFK:cdc 2025 - 2026 Legislature SENATE BILL 117 In Committee
SB16 Participation in interscholastic athletics and application of the public records and open meetings laws to interscholastic athletic associations. This bill prohibits a school district from being a member of an interscholastic athletic association unless the association elects to be governed by the state[s public records and open meetings laws. An interscholastic athletic association that elects to be governed by the public records and open meetings laws is subject to those laws. Under the bill, an interscholastic athletic association can be either a nonprofit, unincorporated association or a nonstock, nonprofit corporation if the unincorporated association or corporation coordinates athletic events or contests for students enrolled in grades 9 to 12 in public schools. The bill includes exceptions for records of an interscholastic athletic association pertaining to individual referees or individual pupils. In Committee
AB32 Access to public high schools for military recruiters. In general, federal law requires local educational agencies, such as school boards and charter schools, that receive federal assistance under the Elementary and Secondary Education Act of 1965 to provide military recruiters the same access to secondary school students that the local educational agencies provide to postsecondary educational institutions or to prospective employers. This bill requires school boards and governing boards of charter schools to, in addition to complying with federal law, specifically allow military recruiters access to common areas in high schools and to allow access during a school day and to school- sanctioned events. Nothing in the bill requires a school board or governing board of a charter school to provide a military recruiter access to a high school classroom during instructional time. In Committee
SB40 Flags flown, hung, or displayed from a flagpole or the exterior of state and local buildings and eliminating a related administrative rule. This bill prohibits, with certain exceptions, any flag other than the U.S. flag and the flag of the state of Wisconsin from being flown, hung, or displayed from a flagpole or the exterior of any state office building or facility, including the state capitol, or from any local government building or school building. The bill also repeals an administrative rule that includes a similar requirement but authorizes the governor to direct otherwise. In Committee
SJR4 The freedom to gather in places of worship during a state of emergency (second consideration). To amend section 18 of article I of the constitution; Relating to: the freedom to gather in places of worship during a state of emergency (second consideration). In Committee
AJR1 Requiring photographic identification to vote in any election (second consideration). To create section 1m of article III of the constitution; Relating to: requiring photographic identification to vote in any election (second consideration). In Committee
Bill Bill Name Motion Vote Date Vote
SB24 Limitations on the total value of taxable property that may be included in, and the lifespan of, a tax incremental financing district created in the city of Middleton. (FE) Assembly: Read a third time and concurred in 05/13/2025 Yea
AB23 Establishment of a Palliative Care Council. (FE) Assembly: Read a third time and passed 05/13/2025 Yea
AB43 Permitting pharmacists to prescribe certain contraceptives, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty. (FE) Assembly: Read a third time and passed 05/13/2025 Yea
AB137 Maximum life and allocation period for Tax Incremental District Number 9 in the village of DeForest and the total value of taxable property that may be included in tax incremental financing districts created in the village of DeForest. (FE) Assembly: Read a third time and passed 05/13/2025 Yea
AB140 Limitations on the total value of taxable property that may be included in a tax incremental financing district created in the city of Port Washington. (FE) Assembly: Read a third time and passed 05/13/2025 Yea
AB73 Statutory recognition of specialized treatment court and commercial court dockets. Assembly: Read a third time and passed 04/22/2025 Yea
AB164 Various changes to the unemployment insurance law and federal Reemployment Services and Eligibility Assessment grants. (FE) Assembly: Read a third time and passed 04/22/2025 Yea
AB165 Local guaranteed income programs. Assembly: Read a third time and passed 04/22/2025 Yea
AB166 Academic and career planning services provided to pupils and requiring the reporting of certain data on college student costs and outcomes. (FE) Assembly: Read a third time and passed 04/22/2025 Yea
AB162 Workforce metrics. (FE) Assembly: Read a third time and passed 04/22/2025 Yea
AB168 Various changes to the unemployment insurance law. (FE) Assembly: Read a third time and passed 04/22/2025 Yea
AB169 Various changes to the unemployment insurance law. (FE) Assembly: Read a third time and passed 04/22/2025 Yea
AB167 Various changes to the unemployment insurance law and requiring approval by the Joint Committee on Finance of certain federally authorized unemployment benefits. (FE) Assembly: Read a third time and passed 04/22/2025 Yea
AB102 Designating University of Wisconsin and technical college sports and athletic teams based on the sex of the participants. Assembly: Read a third time and passed 03/20/2025 Yea
AB100 Designating athletic sports and teams operated or sponsored by public schools or private schools participating in a parental choice program based on the sex of the participants. Assembly: Read a third time and passed 03/20/2025 Yea
AB103 School board policies related to changing a pupil’s legal name and pronouns. Assembly: Read a third time and passed 03/20/2025 Yea
AB104 Prohibiting gender transition medical intervention for individuals under 18 years of age. Assembly: Read a third time and passed 03/20/2025 Yea
AB105 The distribution of certain material on the Internet. Assembly: Read a third time and passed 03/20/2025 Yea
AB24 County sheriff assistance with certain federal immigration functions. (FE) Assembly: Read a third time and passed 03/18/2025 Yea
AB96 Ratification of the agreement negotiated between the Board of Regents of the University of Wisconsin System and the Wisconsin State Building Trades Negotiating Committee, for the 2024-25 fiscal year, covering employees in the building trades crafts collective bargaining unit, and authorizing an expenditure of funds. (FE) Assembly: Read a third time and passed 03/18/2025 Yea
AB94 Ratification of the agreement negotiated between the State of Wisconsin and the Wisconsin State Building Trades Negotiating Committee, for the 2024-25 fiscal year, covering employees in the building trades crafts collective bargaining unit, and authorizing an expenditure of funds. (FE) Assembly: Read a third time and passed 03/18/2025 Yea
AB95 Ratification of the agreement negotiated between the University of Wisconsin-Madison and the Wisconsin State Building Trades Negotiating Committee, for the 2024-25 fiscal year, covering employees in the building trades crafts collective bargaining unit, and authorizing an expenditure of funds. (FE) Assembly: Read a third time and passed 03/18/2025 Yea
AB14 The suspension of a rule of the Elections Commission. Assembly: Referred to Campaigns and Elections 03/13/2025 Yea
AB15 The suspension of a rule of the Elections Commission. Assembly: Referred to Campaigns and Elections 03/13/2025 Yea
AB16 Repealing an administrative rule of the Department of Natural Resources related to the possession of firearms. Assembly: Referred to Environment 03/13/2025 Yea
AB13 The suspension of a rule of the Elections Commission. Assembly: Referred to Campaigns and Elections 03/13/2025 Yea
AB66 Dismissing or amending certain criminal charges and deferred prosecution agreements for certain crimes. Assembly: Read a third time and passed 03/13/2025 Yea
AB66 Dismissing or amending certain criminal charges and deferred prosecution agreements for certain crimes. Assembly: Decision of the Chair upheld 03/13/2025 Yea
AB75 Department of Justice collection and reporting of certain criminal case data. (FE) Assembly: Read a third time and passed 03/13/2025 Yea
AB85 Recommendation to revoke extended supervision, parole, or probation if a person is charged with a crime. (FE) Assembly: Read a third time and passed 03/13/2025 Yea
AB85 Recommendation to revoke extended supervision, parole, or probation if a person is charged with a crime. (FE) Assembly: Assembly Substitute Amendment 1 laid on table 03/13/2025 Yea
AB89 Theft crimes and providing a penalty. (FE) Assembly: Read a third time and passed 03/13/2025 Yea
AB91 The requirement that first class cities and first class city school districts place school resource officers in schools. (FE) Assembly: Read a third time and passed 03/13/2025 Yea
AB91 The requirement that first class cities and first class city school districts place school resource officers in schools. (FE) Assembly: Decision of the Chair upheld 03/13/2025 Yea
AB87 Restitution orders following a conviction for human trafficking and restoration of the right to vote to a person barred from voting as a result of a felony conviction. (FE) Assembly: Read a third time and passed 03/13/2025 Yea
AB1 Changes to the educational assessment program and the school and school district accountability report. (FE) Assembly: Read a third time and passed 02/19/2025 Yea
AB5 Requiring school boards to make textbooks, curricula, and instructional materials available for inspection by school district residents. Assembly: Read a third time and passed 02/19/2025 Yea
AB3 Incorporating cursive writing into the state model English language arts standards and requiring cursive writing in elementary grades. (FE) Assembly: Read a third time and passed 02/19/2025 Yea
AB4 Required instruction in civics in the elementary and high school grades, high school graduation requirements, and private school educational program criteria. (FE) Assembly: Read a third time and passed 02/19/2025 Yea
AB4 Required instruction in civics in the elementary and high school grades, high school graduation requirements, and private school educational program criteria. (FE) Assembly: Decision of the Chair upheld 02/19/2025 Yea
AB2 Requiring school boards to adopt policies to prohibit the use of wireless communication devices during instructional time. Assembly: Read a third time and passed 02/19/2025 Yea
AB6 Requiring a school board to spend at least 70 percent of its operating expenditures on direct classroom expenditures and annual pay increases for school administrators. (FE) Assembly: Read a third time and passed 02/19/2025 Yea
AB6 Requiring a school board to spend at least 70 percent of its operating expenditures on direct classroom expenditures and annual pay increases for school administrators. (FE) Assembly: Decision of the Chair upheld 02/19/2025 Yea
SJR2 Requiring photographic identification to vote in any election (second consideration). Assembly: Read a third time and concurred in 01/14/2025 Yea
AR1 Notifying the senate and the governor that the 2025-2026 assembly is organized. Assembly: Adopted 01/06/2025 Yea
SJR1 The session schedule for the 2025-2026 biennial session period. Assembly: Concurred in 01/06/2025 Yea
AR2 Establishing the assembly committee structure and names for the 2025-2026 legislative session. Assembly: Adopted 01/06/2025 Yea
  Committee Position Rank
Detail Wisconsin Assembly Corrections Committee 6
Detail Wisconsin Assembly Health, Aging and Long-Term Care Committee Vice Chair 2
Detail Wisconsin Assembly Housing and Real Estate Committee Chair 1
Detail Wisconsin Assembly Regulatory Licensing Reform Committee 5
Detail Wisconsin Assembly Ways and Means Committee 7
State District Chamber Party Status Start Date End Date
WI Wisconsin Assembly District 59 Assembly Republican In Office 01/06/2025
WI Wisconsin Assembly District 60 Assembly Republican Out of Office 01/05/2015 01/07/2025