Dec. 11, 2023 – Following a busy fall floor period, legislators have begun the process of wrapping up their work over what is expected to be an active January and February floor session. There is always a sense of urgency by legislators at this time to get their priorities and business done as quickly as possible to avoid being caught up in any last-minute session wrangling that may impact the passage of pending legislation.
Currently, the legislature has their final floor periods of the session scheduled from Jan. 16 to Jan. 25 and Feb. 13 to Feb. 22. An additional three floor days are scheduled from March 12 to March 14, but if we use past schedules as a model, they might only use these days for limited action, or one house might meet just to take up bills that have been amended or passed one house and not the other.
State Bar Practice Sections Issues on Track for Consideration
Since Sept. 1, 2023 there have been over 700 legislative proposals introduced and the legislature is on track for almost 2,000 total bill introductions. Many of those bills are vetted and reviewed by State Bar lobbying sections that have voluntarily chosen to participate in the State Bar’s lobbying program. Sections can determine positions of support or opposition and work on their own proactively drafted legislation with legislative sponsors on issues that are relevant to their practice areas.
The State Bar has several active lobbying positions on pending issues and a number of additional lobbying interests on legislative topics. A handful of issues that sections have lobbied on have become law including:
2023 Wisconsin Act 36 on adopting changes to federal Internal Revenue Code for state tax purposes (supported by Taxation Law Section),
2023 Wisconsin Act 46 clarifying the responsible party for costs incurred by utility relocation delays (supported by Construction Law Section) and
2023 Wisconsin Act 61 that strengthens the criminal code to better protect citizens from sexual predators (supported by the Criminal Law Section).
Summary of Legislative Bills of Interest Being Considered by Legislature
Below is a short summary of proposals that might be of interest to State Bar members. Most of the proposals listed have positions taken by either the State Bar’s Board of Governors or by one of the Bar’s 13 active lobbying practice sections.
- Assembly Bill 37/Senate Bill 38 – Expungement of records of certain crimes and discrimination based on expunged conviction. (State Bar supports)
- Assembly Bill 337/Senate Bill 327 – Eliminating the 13-week limit on the garnishment of earnings of certain debtors. (Public Interest Law is monitoring)
- Assembly Bill 421/Senate Bill 404 – Penalties for operating a motor vehicle without a license or after license suspension or revocation and providing a penalty. (Criminal Law and Public Interest Law oppose)
- Assembly Bill 444/Senate Bill 439 – Declaring discriminatory restrictions in instruments that affect real property void and unenforceable and allowing an owner of real property to discharge and release such a discriminatory restriction. (No State Bar position)
- Assembly Bill 453/Senate Bill 450 – Adopting modifications to, and renaming, the Uniform Fraudulent Transfer Act. (Business Law supports)
- Assembly Bill 578/Senate Bill 628 – Financial exploitation of vulnerable adults. (Elder Law and Special Needs opposes)
- Assembly Bill 648/Senate Bill 667 – Domestic asset protection trusts. (Real Property, Probate and Trust and Family Law are monitoring/no official position currently)
- Assembly Bill 653/Senate Bill 682 – decision-making. (Elder Law and Special Needs is monitoring/no official position currently)
- Assembly Bill 659/Senate Bill 626 – Notarial acts performed for remotely located individuals. (Real Property, Probate and Trust supports amendment)
- Assembly Bill 383/Senate Bill 381 – Increases accessibility for pre-adoption training. (Children and the Law supports)
- Assembly Bill 377 and AB 378/Senate Bill 377 and SB 378 – Transgender sports team designations. (Civil Rights & Liberties opposes)
- Assembly Bill 48/Senate Bill 55 – Prohibiting a person under 18 from being charged with prostitution. (Children and the Law supports)
For questions or more information on pending legislation please feel free to contact State Bar Government Relations Coordinators, Lynne Davis (ldavis@wisbar.org) or Cale Battles (cbattles@wisbar.org). For grassroots advocacy questions please contact Devin Martin (dmartin@wisbar.org). To stay up date on budget news please subscribe to the Rotunda Report and follow us on X (formerly Twitter) to stay informed and get involved in the legislative process.