2023 - 2024 LEGISLATURE
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2023 ASSEMBLY BILL 43
February 15, 2023 - Introduced by JOINT COMMITTEE ON FINANCE, by request of
Governor Tony Evers. Referred to Joint Committee on Finance. Referred to
Joint Survey Committee on Tax Exemptions.
1 AN ACT; relating to: state finances and appropriations, constituting the
2 executive budget act of the 2023 legislature.
Analysis by the Legislative Reference Bureau
INTRODUCTION
This bill is the executive budget bill under section 16.47 (1) of the statutes. It
contains the governor's recommendations for appropriations for the 2023-25 fiscal
biennium.
The bill sets the appropriation levels in chapter 20 of the statutes for the
2023-25 fiscal biennium. The descriptions that follow in this analysis relate to the
most significant changes in the law that are proposed in the bill.
For additional information concerning the bill, see the Department of
Administration's publication Budget in Brief and the executive budget books, the
Legislative Fiscal Bureau's summary document, and the Legislative Reference
Bureau's drafting files, which contain separate drafts on each policy item.
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GUIDE TO THE BILL
The budget bill is organized like other bills. First, treatments of statutes
appear in ascending numerical order of the statute affected. Next, any treatments
of prior session laws appear ordered by the year of original enactment and then by
act number (for instance, a treatment of 2019 Wisconsin Act 15 would precede a
treatment of 2021 Wisconsin Act 6). Next, any treatments of the Administrative
Rules appear.
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The remaining sections of the budget bill are organized by type of provision and,
within each type, alphabetically by state agency. The first two digits of the four-digit
section number indicate the type of provision:
91XX Nonstatutory provisions.
92XX Fiscal changes.
93XX Initial applicability.
94XX Effective dates.
The remaining two digits indicate the state agency or subject area to which the
provision relates:
XX01
Administration.
XX02
Agriculture, Trade and Consumer Protection.
XX03
Arts Board.
XX04
Building Commission.
XX05
Child Abuse and Neglect Prevention Board.
XX06
Children and Families.
XX07
Circuit Courts.
XX08
Corrections.
XX09
Court of Appeals.
XX10
District Attorneys.
XX11
EducationalCommunications Board.
XX12
Elections Commission.
XX13
Employee Trust Funds.
XX14
Employment Relations Commission.
XX15
Ethics Commission.
XX16
Financial Institutions.
XX17
Governor.
XX18
Health and Educational Facilities Authority.
XX19
Health Services.
XX20
Higher Educational Aids Board.
XX21
Historical Society.
XX22
Housing and Economic Development Authority.
XX23
Insurance.
XX24
Investment Board.
XX25
Joint Committee on Finance.
XX26
Judicial Commission.
XX27
Justice.
XX28
Legislature.
XX29
Lieutenant Governor.
XX30
Local Government.
XX31
Military Affairs.
XX32
Natural Resources.
XX33
Public Defender Board.
XX34
Public Instruction.
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ASSEMBLY BILL 43
XX35
Public Lands, Board of Commissioners of.
XX36
Public Service Commission.
XX37
Revenue.
XX38
Safety and Professional Services.
XX39
Secretary of State.
XX40
State Fair Park Board.
XX41
Supreme Court.
XX42
Technical College System.
XX43
Tourism.
XX44
Transportation.
XX45
Treasurer.
XX46
UniversityofWisconsinHospitals and Clinics Authority;
Medical College of Wisconsin.
XX47
University of Wisconsin System.
XX48
Veterans Affairs.
XX49
Wisconsin Economic Development Corporation.
XX50
Workforce Development.
XX51
Other.
For example, for general nonstatutory provisions relating to the State
Historical Society, see SECTION 9121. For any agency not assigned a two-digit
identification number or any provision that does not relate to the functions of a
particular agency, see number 51 (Other) within each type of provision. Separate
section numbers and headings appear for each type of provision and for each state
agency, even if there are no provisions included in that section number and heading.
Following is a list of the most commonly used abbreviations appearing in the
analysis:
DATCP . . . Department of Agriculture, Trade and Consumer Protection
DCF . . . . . . Department of Children and Families
DFI . . . . . . . Department of Financial Institutions
DHS . . . . . . Department of Health Services
DMA . . . . . Department of Military Affairs
DNR . . . . . . Department of Natural Resources
DOA . . . . . . Department of Administration
DOC . . . . . . Department of Corrections
DOJ . . . . . . Department of Justice
DOR . . . . . . Department of Revenue
DOT . . . . . . Department of Transportation
DPI . . . . . . . Department of Public Instruction
DSPS . . . . . Department of Safety and Professional Services
DVA . . . . . . Department of Veterans Affairs
DWD . . . . . Department of Workforce Development
ETF . . . . . . Department of Employee Trust Funds
GPR . . . . . . General purpose revenue
HEAB . . . . Higher Educational Aids Board
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JCF . . . . . . Joint Committee on Finance
OCI . . . . . . Office of the Commissioner of Insurance
PSC . . . . . . Public Service Commission
TCS . . . . . . Technical College System
UW . . . . . . . University of Wisconsin
WEDC . . . . Wisconsin Economic Development Corporation
WHEDA . . Wisconsin Housing and Economic Development Authority
WHEFA . . . Wisconsin Health and Educational Facilities Authority
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AGRICULTURE
Spending cap for the Wisconsin agricultural exports program
Under current law, the Center for International Agribusiness Marketing,
operated by DATCP, promotes the export of Wisconsin agricultural and agribusiness
products in foreign markets. Current law provides that the center may not expend
more than $1,000,000 in any fiscal year. This bill eliminates the
$1,000,000-per-year spending cap for the center.
Meat processing tuition and curriculum development grants
The bill requires DATCP to provide grants to universities, colleges, and
technical colleges to reimburse tuition costs of students enrolled in a meat processing
program and for curriculum development of those meat processing programs. Each
tuition reimbursement covers up to 80 percent of the tuition cost for enrolling in a
meat processing program, limited to a maximum reimbursement of $7,500.
Food security and Wisconsin products grant program
The bill allows DATCP to provide grants to food banks, food pantries, and other
nonprofit organizations to purchase Wisconsin food products.
Farm to fork program
The bill creates a farm to fork program, similar to the existing farm to school
program, to connect entities, other than school districts, that have cafeterias to
nearby farms to provide locally produced foods in meals and snacks, to help the public
develop healthy eating habits, to provide nutritional and agricultural education, and
to improve farmers' incomes and direct access to markets. Under the bill, DATCP
may provide grants to entities for these purposes.
Value-added agricultural practices
The bill allows DATCP to provide education and technical assistance related to
producing value-added agricultural products. Under the bill, DATCP may provide
education and assistance related to organic farming practices; collaborate with
organic producers, industry participants, and local organizations that coordinate
organic farming; and stimulate interest and investment in organic production. The
bill also allows DATCP to provide grants to organic producers, industry participants,
and local organizations, which may be used to provide education and technical
assistance related to organic farming, to help create organic farming plans, and to
assist farmers in transitioning to organic farming. The bill also authorizes DATCP
to provide grants to entities to provide education and training to farmers about best
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practices related to grazing. DATCP is also authorized under the bill to help farmers
market value-added agricultural products.
Grants for hiring farm business consultants
The bill authorizes DATCP to provide grants to county agriculture agents of the
UW–Extension to help farm operators hire business consultants and attorneys to
examine their farm business plans and help them create farm succession plans.
Grants for food waste reduction pilot projects
The bill requires DATCP to provide grants for food waste reduction pilot
projects that have an objective of preventing food waste, redirecting surplus food to
hunger relief organizations, and composting food waste. Under the bill, DATCP
must give preference to grant proposals that serve census tracts for which the
median household income is below the statewide median household income and in
which no grocery store is located.
Tribal elder food security program
The bill creates a grant program under which DATCP must provide grants to
one or more nonprofit entities for the purpose of purchasing and distributing food to
tribal elders and for the purpose of supporting the growth and operations of
producers participating in the program. A nonprofit that receives a grant under the
program must give preference to purchasing food from, and supporting the growth
and operations of, indigenous-based food producers and local food producers.
The bill requires, annually, $1,500,000 in tribal gaming receipts to be used for
grants to purchase food and support distribution operations and $500,000 in tribal
gaming receipts to be used for grants to support the growth and operations of
producers under the program.
Labeling wild rice as “traditionally harvested"
The bill prohibits any person from labeling wild rice as “traditionally
harvested” unless the wild rice is harvested using traditional wild rice harvesting
methods of American Indian tribes or bands. The bill requires DATCP to promulgate
an administrative rule defining traditional wild rice harvesting methods of
American Indian tribes or bands. Under the bill, DATCP must obtain the advice and
recommendations of the Great Lakes Inter-Tribal Council, Inc., before promulgating
an administrative rule defining a traditional method of wild rice harvesting.
Farmland preservation implementation grants
The bill authorizes DATCP to award grants to counties to implement a certified
county farmland preservation plan.
County land conservation staff
Under current law, as part of the soil and water resource management program,
DATCP provides grants to counties for county conservation staffing. Current law
specifies the activities that county conservation staff may engage in with grants
provided under this program. The bill provides that these grants may also be used
to fund county conservation staff who administer or implement long-range planning
and erosion control mitigation.
Under current law, grants for county conservation staffing provide full funding
for a county's first conservation staff position; 70 percent of the cost of a county's
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second position; and 50 percent of the cost of a county's third or subsequent position.
The county must provide the remaining funds for these conservation staff positions.
DATCP and DNR jointly prepare an allocation plan each year, setting out the
amounts to be paid to each county under the program. Current law also requires
DATCP and DNR to attempt to provide an average of $100,000 to each county for
staffing grants.
Under the bill, if any money remains after meeting these goals, DATCP and
DNR may provide, in their annual grant allocation plan, grants to counties for fourth
and subsequent conservation staff positions, with a requirement for the county to
pay an amount towards those positions as determined by DATCP and DNR; and
grants to counties to assist them in meeting their funding requirements for a second
or third conservation staff position.
Planning grants for establishing regional biodigesters
Under the bill, DATCP must provide planning grants for establishing regional
biodigesters in this state. Biodigesters are used to break down organic material into
gas, liquids, and solids.
Biodigester operator certification grants
The bill requires DATCP to provide grants to individuals seeking biodigester
operator certification. The bill also allows DATCP to promulgate administrative
rules establishing the application process and grant-awarding criteria for the
biodigester operator certification grants.
Water stewardship certification
The bill creates a grant program under which DATCP may provide grants to
reimburse the costs for agricultural producers to apply for a certification of water
stewardship from the Alliance for Water Stewardship. The grants must be made
directly to the producer, and may not be used to pay the costs of operational changes
needed to achieve certification.
Bonding for soil and water resource management
The bill increases the general obligation bonding authority for the soil and
water resource management program by $7,000,000. The program, which is
administered by DATCP, awards grants to counties to help fund their land and water
conservation activities.
New appropriation for existing and new grant and loan programs
The bill combines appropriations for several existing and new DATCP grant
and loan programs. Under the bill, the following programs are all funded from the
same GPR appropriation: the existing meat processing facility grant program, dairy
processing plant grant program, dairy producer loan and grant program, and Buy
Local grant program; and the new food security and Wisconsin products grant
program, Farm to Fork grant program, value-added agricultural products grant
program, and the farm business consultant grant program, all of which are created
under the bill. The bill also allows DATCP to use funds from this GPR appropriation
for the Something Special from Wisconsin program, in addition to the program's
current funding from program fees.
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COMMERCE AND ECONOMIC DEVELOPMENT
COMMERCE
Prohibiting discrimination in broadband and broadband subscriber rights
The bill prohibits a broadband service provider from denying access to a group
of potential residential customers because of their race or income. Under the bill,
DATCP has authority to enforce the prohibition and to promulgate related
administrative rules. The bill also authorizes any person affected by a broadband
service provider who violates the prohibition to bring a private action.
The bill establishes various requirements for broadband service providers,
including the following: 1) broadband service providers must provide service
satisfying minimum standards established by PSC, and subscribers may terminate
contracts if the broadband service provider fails to satisfy those standards; 2)
broadband service providers must provide service as described in advertisements or
representations made to subscribers; 3) broadband service providers must repair
broadband service within 72 hours after a subscriber reports a broadband service
interruption that is not the result of a major system-wide or large area emergency;
4) broadband service providers must give subscribers credit for interruptions of
broadband service that last more than four hours in a day; and 5) broadband service
providers must give subscribers at least 30 days' advance written notice before
instituting a rate increase.
The bill also requires each Internet service provider in this state to register with
PSC.
Eliminating minimum markup requirement for the sale of motor vehicle fuel
The bill exempts sales of motor vehicle fuel from the minimum markup
requirement under the Unfair Sales Act.
Under current law, the Unfair Sales Act 1) prohibits below-cost sales of any
merchandise if the sale is intended to induce the purchase of other merchandise or
divert trade unfairly from a competitor; and 2) requires a “minimum markup” (a
specified amount over the cost of the merchandise to the seller) to be added to sales
of motor vehicle fuel, tobacco products, fermented malt beverages, liquor, or wine.
The required minimum markup fo