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Legislator Update

In this Issue:

Information Memorandum

February 2019 - Winter 19-01 Edition

Upcoming Meetings


February 11 - Study Committee on Child Placement and Support, Room 225 Northwest.

February 13 - Joint Legislative Council Meeting, Room 411 South.

March 6 - Joint Legislative Council Meeting, Room 411 South.

Standing Committee Assignments

The Legislative Council staff looks forward to assisting you with your standing committee responsibilities during the 2019-20 legislative session.  A list of the Legislative Council staff assigned to each standing committee is now available on the Legislative Council website.

Study Committee Roundup

The Study Committee on Alcohol Beverages Enforcement met for the fourth and final time on November 28, 2018. The committee discussed issues regarding enforcement of alcohol beverages laws, consumption of alcohol beverages in unlicensed event venues, restrictions on retail sales made by wineries and brewers, and the collection of taxes on internet sales of alcohol. The committee voted to recommend two pieces of legislation. One bill draft would require common carriers who ship alcohol beverages in Wisconsin to submit monthly reports to the Department of Revenue. The second bill draft would require out-of-state alcohol beverage shippers and direct wine shippers who ship alcohol into Wisconsin to consent to Wisconsin jurisdiction and designate an agent who can accept in-state service of process.

The Study Committee on Bail and Conditions of Pretrial Release held its fifth meeting on Tuesday, December 11, 2018.  The committee discussed five bill drafts relating to pretrial detention, bail jumping, and factors for a court to consider when setting conditions for pretrial release.  The committee members requested revisions to existing bill drafts and preparation of several new bill drafts for review at the January meeting.

The study committee held its final meeting on January 29, 2018 and discussed five bill drafts.  The members requested changes and decided to move forward with four of the five drafts.  The updated drafts will be sent to committee members for review and for a vote via mail ballot.

The Study Committee on Child Placement and Support met on October 23, 2018.  During the first portion of the meeting, the committee heard presentations from Lindsay Beaver, Uniform Law Commission, regarding the Uniform Deployed Parents Custody and Visitation Act (UDPCVA), and Kenneth Waldron, Ph.D., regarding an overview of social science research on residential placement schedules.  The committee then discussed and reached consensus on proposed changes to three preliminary bill drafts: state implementation of the UDPCVA, suspension of child support payments during incarceration, and the timing and contents of proposed parenting plans.  Finally, the committee reached consensus to request bill drafts on several additional topics, including allowing contingent placement arrangements, requiring domestic violence training for guardians ad litem, excluding variable housing costs when establishing support orders for military parents, and three different options to amend the child placement statutes. 


The Study Committee on Child Placement and Support met on November 20, 2018, and spent the majority of the meeting reviewing preliminary bill drafts on a variety of topics relating to child support and child placement. In addition, the committee heard a presentation from Deb Barnes, director, La Crosse County Child Support Agency, and Brent Vruwink, director, Wood County Child Support Agency, on a recent administrative rule change regarding recovery of birth costs and the funding that county child support agencies receive as incentive under the birth cost recovery program. After committee discussion and upon consensus of committee members, Chair Brooks directed that most of the preliminary bill drafts be revised to include changes requested by the committee for final discussion and a potential vote at the next meeting.

The Study Committee on Minor Guardianships held its final meeting on November 29, 2018. The committee reviewed a revised bill draft and discussed further changes related to the role of the guardian ad litem in private minor guardianships. After agreeing upon certain changes, the committee voted to approve the bill draft and recommend its introduction by the Joint Legislative Council.   

The Study Committee on Property Tax Assessment Practices held its fifth and final meeting on January 9, 2019. Following the adoption of several amendments, the committee voted to recommend three bills, as amended, for introduction by the Joint Legislative Council. The bills make the following changes to current law: (1) provide a mechanism for sharing costs of defending a tax assessment among affected taxing jurisdictions; (2) require commercial taxpayers to disclose certain documents requested by an assessor; and (3) adjust certain timelines and procedures governing objections to tax assessments. 

The Study Committee on the Identification and Management of Dyslexia held its final meeting on December 4, 2018 to discuss and vote on two bill drafts and three draft recommendations. Members reviewed several changes to the bill drafts that had been agreed upon at the committee’s prior meeting. Members voted to pass an amendment to one of the bill drafts, the guidebook legislation. Finally, members voted to recommend the two bill drafts and three draft recommendations to the Joint Legislative Council for introduction to the full Legislature.

The Study Committee on the Investment and Use of the School Trust Funds held its final meeting on December 6, 2018. The committee recommended introduction of two bill drafts relating to the term of a promissory note issued by a municipality and to the authority of the Board of Commissioners of Public Lands (BCPL) to delegate authority to invest the school trust funds, respectively. The committee also approved a recommendation to the Legislature in support of giving the BCPL time to implement its current investment practices, increased returns for beneficiaries, and additional legislative study in the future, with the engagement of beneficiaries.

The Study Committee on the Use of Police Body Cameras held its final meeting on November 13, 2018. The committee reviewed a revised bill draft which, among other things, establishes uniform procedures regarding the retention and release of body camera video for state and local law enforcement agencies. After discussing and agreeing to a number of changes, the committee agreed to vote on the bill draft by mail ballot. On November 20, 2018, the committee voted by mail ballot to recommend the bill draft’s introduction by the Joint Legislative Council.

The Special Committee on State-Tribal Relations held its final meeting on December 13, 2018. The committee approved draft legislation imposing an enhanced criminal penalty for battery of certain tribal court personnel as a complement to 2017 Wisconsin Act 272. The committee also approved draft legislation modifying requirements for American Indian studies under 1989 Wisconsin Act 31, including model academic standards, teacher licensing instructional requirements, and parental choice and independent charter schools. In addition, it approved draft legislation by subsequent mail ballot in the areas of frequency of American Indian instruction in elementary and high school grades, and the preparation and distribution of Act 31 informational resources to school boards and other educational personnel.

Staff News

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Mike Queensland presented on the legality of CBD and marijuana as part of a panel discussion sponsored by Wisconsin Health News. Other panelists included Senator Pat Testin; Representative Chris Taylor; and Dr. Mike Miller, past president, American Society of Addiction Medicine.

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Jessica Ozalp attended a professional development seminar in December on effective leadership at the George Washington Leadership Institute at Mount Vernon, at the invitation of the Legislative Education Staff Network.

New Information Memorandum Available
Wisconsin Shoreland Zoning Laws

Shoreland zoning was adopted in Wisconsin to protect state waters and uphold the state’s Public Trust Doctrine. In 1966, the Legislature gave counties the authority to zone shorelands while ensuring that minimum requirements set by the Wisconsin Department of Natural Resources (DNR) were met. Generally, under Wisconsin law prior to the enactment of 2015 Wisconsin Act 55, a county could choose to set more restrictive shoreland zoning standards than the DNR through county shoreland zoning ordinances. Counties could also grant variances to the shoreland zoning ordinances, and the DNR’s authority included the ability to review and appeal county decisions to grant variances.

Wisconsin shoreland zoning laws were significantly altered with the passage of certain legislative acts between 2011 and 2015. Very generally, the acts codified many shoreland zoning standards (previously contained in the administrative code in statute), limited the role of the DNR and counties, and changed the overall regulatory framework of shoreland zoning to favor private property rights. Notably, the changes also prohibited any county from creating a shoreland zoning standard that is more restrictive than a DNR standard. This Information Memorandum discusses Wisconsin’s current shoreland zoning laws and how they relate to county zoning authority.

>>>View Memo