Public Hearing on Payment of Personal Property Aid after TIF Closure Bill
Tomorrow, the Assembly Ways and Means Committee will hold a public hearing on AB 56, a League initiated bill making it clear that personal property aid payments being made to a TIF district transfer to the municipality and other taxing jurisdictions after the district closes. DOR interprets current law to say that the payments discontinue once a TIF district closes. The bill also, at DOR's request, clarifies that computer aid payments being made to a TIF district transfer to all of the other taxing jurisdictions when the district closes. Under current law, computer aid payments transfer to the municipality only. The bill treats computer aid and personal property aid payments made to a TID exactly the same once a district closes.
The Assembly passed a similar bill last session and the Senate was poised to vote on it last March but the Senate cancelled its last regular floor day and declined to meet again for regular business because of COVID.
Senate Passes Bill Allowing Communities to Post Meeting Minutes on the Web
The bill makes a narrow change to state law governing the publication of meeting minutes. Currently, all 1,250 towns and most of the 414 villages in the state already have the option of posting meeting minutes in a public place and on the community’s website in lieu of newspaper publication. SB 55 extends this option to cities, counties, and school districts.
The Senate passed SB 55 by a vote of 20-12, despite the Wisconsin Newspapers Association strongly opposing the bill. The Assembly declined to advance a similar bill last session due to opposition by the Wisconsin Newspapers Association.
Senate Passes Bill Allowing PTSD Worker's Compensation Claims by Public Safety Officers
On February 16, the Senate unanimously passed SB 11 making changes to the conditions of liability for worker's compensation benefits for a law enforcement officer or a professional fire fighter who is diagnosed with post-traumatic stress disorder (PTSD). The bill provides that if a public safety officer is diagnosed with PTSD by a licensed psychiatrist or psychologist and the mental injury that resulted in that diagnosis is not accompanied by a physical injury, that public safety officer can bring a claim for worker's compensation benefits if the conditions of liability are proven by a preponderance of the evidence and the mental injury is not the result of a good-faith employment action by the person's employer. Under the bill, such an injured public safety employee is not required to demonstrate a diagnosis based on unusual stress of greater dimensions than the day-to-day emotional strain and tension experienced by all employees as required under case law. The bill also limits liability for treatment for a mental injury that is compensable under the bill's provisions to no more than 32 weeks after the injury is first reported. The League is neutral on this bill.
The Assembly has not yet voted on SB 11.
Both houses passed similar legislation last session, but COVID arrived before the Senate could concur in minor amendments made by the Assembly.
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RECENTLY INTRODUCED LEGISLATION
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SB 136, BCPL Loans to Municipal Utilities. This bill authorizes the Board of Commissioners of Public Lands (BCPL) to loan moneys belonging to the trust funds to cities, villages, and towns to ensure that a municipal utility under the control of the city, village, or town is able to maintain liquidity during the COVID pandemic. A municipal utility is a public utility that is a city, village, or town or that is wholly owned or operated by a city, village, or town. Each trust fund loan BCPL awards to a city, village, or town under the bill is secured in the same manner as other trust fund loans BCPL awards to cities, villages, and towns under current law. BCPL may not award a loan under the bill after April 15, 2021. Senator Bewley (D-Mason) and Representative Hintz (D-Oshkosh). The League supports this bill.
SB 142, Allowing Municipalities to Waive Interest and Penalties for Late Payment of Property Taxes. The bill allows municipalities to waive interest and penalties on late installment payments of property taxes payable in 2021. Under the bill, for an installment payment due after January 1, 2021, that is late, a municipality may waive the interest and penalties if the municipality makes a general or case-by-case finding of hardship and the total amount due is paid no later than October 1, 2021. A municipality may waive the interest and penalties only if the county first adopts a resolution authorizing the waiver and establishing criteria for determining hardship and the municipality then adopts a similar resolution. Senator Bewley (D-Mason) and Representative Hintz (D-Oshkosh). The League is neutral on this bill.
Further Information: Similar provisions to both SB 136 and SB 142 were passed in 2019 Wisconsin Act 185, which was signed into law in April of 2020 as the State's first Covid Relief Legislation. Those provisions were extended in AB 1 this session, however, the Governor vetoed AB 1 on February 5, 2021after Republicans and Democrats failed to reach a compromise on the bill.
SB 152, Prohibiting the Sale and Use of Coal Tar Based Sealants and High PAH Sealant Products. The bill specifies that the ban on selling goes into effect approximately six months after the effective date of the bill; the ban on use goes into effect approximately 12 months after the effective date of the bill. A person who violates these prohibitions is subject to the same penalty that applies under current law to other general environmental provisions, which is a forfeiture of between $10 and $5,000 for each violation. Senator Cowles (R-Green Bay) and Representative Kitchens (R-Sturgeon Bay). The League supports this bill.
SB 156, Expanding the Clean Sweep Program to include PFAS Firefighting Foam. This bill requires the Department of Agriculture, Trade and Consumer Protection to collect and store or dispose of unused fire fighting foams that contain perfluoroalkyl or polyfluoroalkyl substances (PFAS) and that are voluntarily surrendered. The bill allows DATCP to contract with a third party to conduct the collection and storage or disposal. The bill requires DATCP or the third party administering the collection program to prioritize collecting from the state and from cities, villages, towns, and counties. Under the bill, any PFAS foams that are collected under the program must be stored in an environmentally safe manner until properly disposed of or treated according to DNR's administrative rules. Senator Cowles (R-Green Bay) and Representative Ramthun (R-Campbellsport). The League supports this bill.
Further Information: Both SB 152 and SB 156 were part of the package of bills from the Speaker's Task Force on Water Quality last session and passed the Assembly but were unable to pass the full Senate due to the Covid cancelation of the last session day.
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PUBLIC HEARINGS THIS WEEK
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Wisconsin Republicans are considering the counting of absentee ballots before Election Day. Here's why their efforts may fail. Read the article.
Yes, Milwaukee-area municipalities without a health department actually can issue mask mandates. Here's why. Read the article.
WMC sues DNR in effort to block cleanup requirements for PFAS, other contaminants Read the article.
GOP bill would redirect some of state sales tax revenue toward state transportation fund Read the article.
After a record year in state park attendance, Gov. Evers proposes large hike in stewardship spending in biennial budget Read the article.
Wisconsin sees slow but significant shift in state and local spending
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League Membership Virtual Roundtable
Tuesday, March 9, 2021 12:00 to 1:00 pm
Zoom information is posted here on the League's Covid-19 page.
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Human Resources for Small Communities
March 16, 17 & 18 from 10:00 to 11:00 a.m. each day via Zoom
Cyber Security Workshop
April 20, 2:00-3:00 p.m. via Zoom
Local Government 101
May 7, May 21 and June 4 via Zoom
Please thank our sponsors!
Clerks, Treasurers & Finance Officers Institute
June 9-11, 2021 via Zoom
Please thank our sponsors!
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