Study Committee Roundup

The Study Committee on Alcohol Beverages Enforcement met on September 26, 2018, and heard from the Department of Revenue on changes that the agency is undertaking in response to concerns raised by committee members. The committee also heard testimony regarding Illinois’ efforts to collect taxes on internet sales of alcohol and stop the illegal shipment of alcohol into the state. Committee members then discussed whether the committee should recommend legislation regarding enforcement of alcohol beverage regulations on internet sales of alcohol, unlicensed event venues, and restrictions on retail sales made by wineries and brewers. The committee plans to meet again in November.

The Study Committee on Bail and Conditions of Pretrial Release held its second meeting on September 17, 2018.  At this meeting, the committee was briefed on Dane County’s implementation of a pretrial safety assessment tool and the county’s partnership with Harvard University to conduct a two-year random control trial of this tool.  The committee was also briefed on how Dane County’s bail monitoring program provides pretrial supervision and services to individuals ordered into the program.  Next, the committee heard a presentation about pretrial service systems from JusticePoint, Inc., and Wisconsin Community Services, which are the organizations that provide pretrial services in Milwaukee County and Waukesha County, respectively.  In addition, Professor Michele LaVigne, of the University of Wisconsin Law School, spoke to the committee about the variety of bail and pretrial practices she has observed throughout the state in conjunction with research she is conducting on this topic.  The next meeting of the committee will be held on October 16, 2018. 

The Study Committee on Child Placement and Support met on August 28, 2018 and September 25, 2018.  At the August 28 meeting, the committee received testimony on federal child support law, Wisconsin’s child support guidelines and percentage of income standard, and Wisconsin’s child physical placement laws.  The committee also received testimony regarding other states’ enacted and proposed child support standards and physical placement standards. During and after the testimony, the committee discussed recent changes to the federal child support guidelines rule, how child support is considered for incarcerated payers, the availability of contingent placement orders, the use of parenting plans, how domestic violence is addressed in placement decisions, and other states’ child support models. 

At its second meeting on September 25, 2018, the committee received testimony regarding mediation and other services in the family court process, training requirements for judges and guardians ad litem specific to domestic violence in family law cases, and research regarding trends in child placement and support orders, including orders for incarcerated parents, as well as emerging issues regarding child support amounts and enforcement.  The committee concluded its meeting with a brief discussion of the potential topics the committee may wish to consider at future meetings.

The Study Committee on Direct Primary Care held its final two meetings on August 29, 2018 and September 18, 2018. At these meetings, the committee heard a number of perspectives on the direct primary care model and engaged in a discussion of the committee’s assignment. The committee voted by unanimous consent to make the following recommendations: (1) the Study Committee finds that direct primary care is a valuable component of Wisconsin’s health care market; and (2) the Study Committee recommends that the Group Insurance Board should explore the possibility of integrating an employer-sponsored direct primary care program into the state employee health plan under its current structure, and submit any recommendations to the standing committees in each house of the Legislature with jurisdiction over health and the Joint Committee on Finance.

At its second meeting on August 28, 2018, the Study Committee on Minor Guardianships heard testimony from the Department of Children and Families regarding its general support for improving the laws governing private minor guardianships and concerns about codifying private minor guardianship laws in ch. 48, Stats. Committee members also received information from committee staff in response to members’ requests for information at the committee’s first meeting. The committee devoted the remainder of its meeting to discussion of specific provisions in the state bar working group’s bill draft. The committee instructed committee staff to prepare a new bill draft consistent with its discussion. The new bill draft will be reviewed and discussed at the committee’s next meeting, scheduled for October 23, 2018.

At its second meeting on September 6, 2018, the Study Committee on Property Tax Assessment Practices heard presentations from a real estate expert and business and local government representatives. Following the presentations, the committee discussed distributed materials and its charge. Topics of discussion included bills introduced in the 2017 Legislative Session, the possibility of county- or state-level assessment for certain commercial property, and the process of challenging assessments. Senator Olsen, the committee chair, invited members to submit additional suggestions to committee staff. The committee will meet again on October 9, 2018.

The Study Committee on the Identification and Management of Dyslexia held meetings on August 29, 2018 and September 18, 2018. At these meetings, the committee heard from the Minnesota Department of Education, the Education Commission of the States, and the Wisconsin Department of Public Instruction (DPI). Invited speakers also included Professor Donna Scanlon of the University of Albany, Dr. Colleen Pennell of Carroll University, representatives of the Wisconsin State Reading Association, and a representative of the organization Decoding Dyslexia. The committee discussed the Legislative Council memorandum, “Topics for Committee Discussion,” and provided commmittee staff with drafting instructions for two legislative proposals and three recommendations. The committee will meet on October 23, 2018 to review the draft legislation and recommendations that resulted from the committee’s September 18 meeting.

The Study Committee on the Investment and Use of the School Trust Funds held its second meeting on September 5, 2018. The committee received testimony regarding best practices for endowment management from the Commonfund Institute, and heard from the State of Wisconsin Investment Board regarding its current work managing other state trust funds. The committee also received testimony from the Wisconsin Bankers Association regarding municipal lending and competition with the school trust fund loan program; from local governments and municipal advisors regarding the use of the school trust fund loan program for economic development; and from the University of Wisconsin System regarding its use of distributions from the school trust funds. The committee will meet again on October 11, 2018, to gather more information about the legal framework of trust fund management and to discuss options for committee action.

At its second meeting on September 13, 2018, the Study Committee on the Use of Police Body Cameras received information from law enforcement regarding their experience implementing the use of police body cameras.  The committee also heard testimony from a representative for civil litigators regarding various aspects of the Open Records Law.  Committee members then discussed relevant topics, including law enforcement policies on the use of body cameras, and retention and release of police body camera video.  The committee chair informed the committee that he will develop a bill draft to be presented to the committee for consideration at its next meeting.

The Special Committee on State-Tribal Relations held its first meeting on September 12, 2018. The committee received testimony from DPI regarding its work to implement requirements for American Indian studies under 1989 Wisconsin Act 31. The committee also received testimony from a panel of tribal judges, attorneys, and legislators regarding the need for an enhanced criminal penalty for battery of certain tribal court personnel. The committee will meet again on October 10, 2018, to consider legislative options relating to those two topics and to gather information about additional topics, including issues between tribes and counties regarding civil commitments.

Staff News

Ethan Lauer joined the Legislative Council on September 4, 2018, as a staff attorney.  Originally from rural Sheboygan County, he is returning to his home state after a 19-year career with the nonpartisan Office of the Parliamentarian of the U.S. House of Representatives in Washington, D.C.  He is a graduate of the University of Wisconsin-Madison and the University of Minnesota Law School. Welcome Ethan!

Zach Ramirez was appointed to the editorial board of the National Energy Law Journal.  Congratulations Zach!

Animal Mistreatment Laws

In 1909, the State of Wisconsin officially authorized a sheriff or other local officer to remove and care for a horse or other animal that was found to be cruelly exposed to the weather, starved, neglected, or abandoned.

The animal cruelty laws have been revised and refined since that time, but the general framework of local enforcement of the state statutes remains in place. This Memorandum briefly describes the current animal mistreatment provisions and the structure of local enforcement with state assistance.

>>>View Memo