Legislative Update – December 11

Preempting local government from determining local rules. A GOP bill, SB634 would preempt local governments from enacting or enforcing ordinances related to various employment matters. Under current constitutional and statutory home rule provisions, a city or village may determine its own local affairs subject only to the Wisconsin Constitution and to any enactment of the Legislature that is of statewide concern and that affects every city or village with uniformity. This bill states that all of the following matters are matters of statewide concern requiring uniform enforcement at the state, county, and municipal levels:

  • Requiring any person to accept certain collective bargaining provisions or waive its rights under the National Labor Relations Act or state labor law.
  • Local regulation of employee hours and overtime, employment benefits, wage claims and collections, an employer’s right to solicit salary information of prospective employees, employment discrimination, and professions regulated by the state.

The bill was referred to Committee on Labor and Regulatory Reform. There is no companion bill at this time.

Revenue limit adjustment for workforce development improvements. This bill, AB 729 / SB 613, would create a school district revenue limit adjustment for workforce development improvements to support vocational or technical education. Any school board that receives a petition and adopts a resolution to initiate workforce development improvements may increase its revenue limit by the amount the school district spends on the improvements in a school year, including amounts spent for debt service on a bond, note, or state trust fund loan used to finance the improvements. The term of the bond, note, or trust fund loan may not exceed 20 years. The petition must be filed jointly by the president of a local chamber of commerce or a chamber of commerce that serves the geographic area encompassing any portion of the school district and the executive director of a regional workforce development board. The Assembly version was sent to the Committee on Local Government, while the Senate version is in the Education Committee.

AUDIT ON ETF RELEASED. The Legislative Audit Bureau has released on report on the Department of Employee Trust Funds.  Briefing Sheet and Full Report. According to the report:

  • The WRS fiduciary net position increased from $88.5 billion on December 31, 2015, to $92.6 billion on December 31, 2016. A 4.6% increase.
  • The net position of the State Income Continuation Insurance (ICI) program declined from a negative $25.6 million on December 31, 2015, to negative $28.4 million on December 31, 2016.
  • ETF increased 2017 premiums for the State ICI program.
  • ETF is seeking statutory changes for the State ICI program.

Prohibiting aiding and abetting sexual abuse of students by school personnelAct 130 implements in state statutes provisions already included in the federal Every Student Succeeds Act to prohibit aiding and abetting sexual abuse of children/students by school personnel. State law now states that it is immoral conduct for a DPI licensee (e.g., a teacher, administrator or HR director, etc.), or a school board, private school governance or privately run charter operator to assist a school employee, contractor or agent to obtain a new job in a school or school district if the licensee knows or has reason to believe that the person committed a sex offense against a student or a minor.  A violation could subject the licensee to potential loss or his or her DPI license.