Introduced Legislation (Updated: 08/18/2008)

In this section is information about a variety of bills related to disability issues that have been introduced in the state Assembly, Senate, or both houses. The information is listed by bill number in numerical order, starting with bills from the Assembly followed by bills from the Senate.

Joint Resolutions

• AJR 36
  History [Text in PDF]
  This Assembly Joint Resolution would amend the state constitution and create section 1m of article III in the state constitution. It would require a photographic identification to vote, or register to vote, at the polls on election day. This is the first consideration of the amendment.

  WCDD opposes. See AB 63 for reasons.

• AJR 40
  History [Text in PDF]
  This is the Joint Resolution to establish constitutional spending limits on all units of government. This has been referred to as TABOR or the Taxpayers Bill of Rights.

  WCDD OPPOSES. Constitutional spending limits could hurt public services, including fire and safety, social services, and education.

• AJR 77
  History [Text in PDF] [More Information] [Substitute Amendment] [Opposition to TPA]
  This bill will amend the state constitution to limit spending on all levels of government in the state. Some are calling it the Taxpayers Protection Amendment. Others are calling it TABOR II after the failed Taxpayers Bill of Rights amendment.

  WCDD OPPOSES. The page Taxpayer Protection Amendment: What It Does and How It Could Harm People with Disabilities describes why the Council is opposed.

• SJR 63
  History [Text in PDF]
  This is the companion bill to AJR 77. This bill would amend the state's constitution to limit how all levels of government in the state collect and spend finances.

  WCDD OPPOSES. See AJR 77.

State Assembly

• AB 63
  History [Text in PDF]
  Requires voters to show photo identification and proof of address when registering to vote and voting at the polls. Backers claim the new requirements would combat fraud.

  WCDD opposes. The bill creates barriers to voting for people with developmental disabilities who may not have photo identification or proof of address because of third party payers of bills. Federal law requires states to set up a statewide voter registration system to combat fraud. Wisconsin should implement this system before enacting new legislation.

• AB 119
  History [Text in PDF]
  Prohibits the Department of Health and Family Services from adding any amounts claimed for depreciation to a farmer’s or self-employed person’s income when determining whether they are eligible for Medical Assistance.

  WCDD SUPPORTS. This allows families to be determined eligible for Medical Assistance based on their actual income and assets.

• AB 122
  History [Text in PDF]
  Allows medical transportation providers to use vehicles that do not accommodate wheelchairs to transport ambulatory people in addition to vehicles that do accommodate wheelchairs.
• AB 123
  History [Text in PDF]
  Allows a school district not to participate in the SAGE program in grades two or three and instead use the funding for special education.

  WCDD OPPOSES. The SAGE program helps many children with disabilities start school in inclusive classrooms. The small class sizes also help provide children with extra help that can prevent the need for special education services in later grades.

• AB 250
  History [Text in PDF]
  This bill creates a task force to study the actual cost of providing a sound, basic elementary and secondary education in the state. A final report is required within one year.

  WCDD SUPPORTS. The Council supports quality public education for all children and believes it is essential to determine the actual costs of a quality education.

• AB 252
  History [Text in PDF] (Talking Points for SB 128 and AB 252)
  Increases the limits for insurance coverage of nervous or mental health disorders or alcoholism or other drug abuse problems.

  WCDD SUPPORTS. It is discrimination to treat mental or nervous health conditions differently than other health conditions or disabilities. Other states that do not discriminate have shown that costs of health insurance do not significantly rise.

• AB296
  History [Text in PDF] (WCA Memo Opposing Bill)
  This bill would amend 46.279 (2) and 46.279 (3) of the statutes; relating to: modifying certain restrictions on admissions to, protective placements in, or transfers to intermediate care facilities for the mentally retarded and nursing homes.

  WCDD OPPOSES. This bill shields counties from providing services for individuals in the community if funding is not readily available.

• AB 308
  History [Text in PDF]
  Establishes a clearinghouse for information about special education transition services and vocational opportunities that are available in each county. Signed into law as Act 218.

  WCDD SUPPORTS. The clearinghouse will help parents and students access resources in their own communities

• AB 353
  History [Text in PDF]
  This bill creates new crimes involving dogs that are trained for the purpose of assisting persons with sensory, mental, or physical disabilities or accommodating such disabilities (service dogs). It provides penalties for harrassing, injuring or stealing a service dog.

  WCDD SUPPORTS. This bill provides protections to dogs serving people with disabilities.

• AB 451
  History [Text in PDF]
  This is the Assembly's version of SB 211. Increases cigarette taxes by $1.00 per pack and also raises the tax on chewing tobacco to 57% of the list price. The first $15 million raised would be used for tobacco use control grants. Any additional funds raised would be put into a Medicaid trust fund to assist with the Medicaid budget.

  WCDD SUPPORTS. The tax increase will reduce the number of young people starting to smoke and help pay for the medical costs of smokers.

• AB 539
  History [Text in PDF] [More Information]
  This bill often referred to as the Protective Services Bill expands protections to adults at risk including people with developmental disabilities, mental health issues and other disabilities. The bill generally clarifies the duties of county protective services agencies.

  - FAQs about AB 539
  - Comparison Chart between current law and what AB 539 would do.

• AB 573
  History [Text in PDF]
  This bill reorganizes and revises statute 70.11. Currently property used and owned by non-profits is exempt from property taxes. This bill would take away that exemption in some circumstances for benevolent associations.
• AB 622
  History [Text in PDF]
  This bill creates an income and franchise tax credit for work provided by community rehabilitation agencies formerly known as sheltered workshops.
• AB 647
  History [Text in PDF]
  This bill directs the Dept. of Public Instruction (DPI) to develop a model school poilicy on bullying. The policy will define and provide penalties for bullying. It also directs DPI to develop a model education and awareness program on bullying. The bill also directs all school boards to develop a policy on bullying.

  WCDD SUPPORTS WITH CONDITION. The WCDD supports the bill because children with disabilities are frequently the targets of bullies, however, the WCDD does not want teachers to be the sole decision makers on bullying situations.

• AB700
  History [Text in PDF] [More Information] [WCA and QEC testimony]
  This bill creates the Autism Scholarship Program. This program would provide an up to $15,000 scholarship to the parents of students identified with autism to pay for tuition to attend a specialized school to implement the student's IEP. The bill directs DPI to decrease each school district's state aid payment by the amount of the scholarships awarded to these students.

  WCDD OPPOSES. The Council believes it is unfair to use public funds for scholarships for students with a particular disability when the needs of students with other disabilities may be as great.

• AB 715
  History [Text in PDF]
  This bill clarifies disabled parking privileges and increases penalties for parking identification violations.

  WCDD SUPPORTS. This bill may prevent violations that can make parking a frustrating experience for people with disabilities.

• AB 771
  History [Text in PDF]
  This bill provides an additional $15 million state increase over the biennium to increase nursing home Medicaid rates by 1.4%. Under the bill, nursing homes that receive the additional reimbursement must put at least 50% of the amount received for direct care staff wages, benefits, or hours for nursing home staff.
• AB 785
  History [Text in PDF] [More Information]
  This bill revises Chapter 55, which is the statute that people can enter institutions for treatment either voluntarily or ordered by a court (called protective placements and protective services.) The bill also revises the involuntary administration of psychotropic medication. Signed into law as Act 264.

  - Bill Highlights

• AB 792
  History [Text in PDF]
  This bill requires home care placement agencies to provide notice to the consumer about the rights, duties, responsibilities and liabilities of the consumer and worker.Signed into law as Act 197.

  WCDD SUPPORTS. The bill would help make more clear the responsibilities of consumers and direct care workers.

• AB 802
  History [Text in PDF]
  This bill provides that if the state receives more federal MA matching funds than anticipated, then the state must disburse those funds to county and municipal nursing homes.
• AB 844
  History [Text in PDF]
  This bill makes changes affecting the Health Insurance Risk-Sharing Plan (HIRSP); creates a HIRSP Authority to assume administration of HIRSP; a health benefit program for persons eligible for tax credits for payment of premiums; creates an income and franchise tax credit and license fee credit for insurers that pay assessments to the Office of the Commissioner of Insurance.
• AB 945
  History [Text in PDF]
  This is the companion bill to SB 529. It would "federalize" the state's special education law.
• AB 965
  History [Text in PDF]
  This bill would allow people with disabilities to place a disabled parking sticker on the license plate of a special interest vehicle.
• AB 981
  History [Text in PDF]
  This bill allows the Department of Health and Family Services to move funds as necessary to maintain funding for the Medicaid program. Signed into law as Act 211.
  

  WCDD SUPPORTS. The Council supports efforts to maintain funding and services provided by Medicaid.

• AB 1027
  History [Text in PDF]
  This bill would establish the same penalties for mistreating a vulnerable child as currently exists for vulnerable adults. A vulnerable child is defined as a child with a developmental disability, mental illness or simliar incapacity.
• AB 1110
  History [Text in PDF]
  Please see SB 653 below for information.
• AB 1142
  History [Text in PDF]
  This bill requires publishers to provide accessible instructional materials for students with disabilities enrolled in post-secondary schools at no additional cost.
• AB 1146
  History [Text in PDF]
  The bill gives the same rights to a long-term care ombudsman to people livings in residential care apartment complexes as people living in nursing homes and community-based residential facilities. It also addresses caregiver background checks, nursing home staffing ratios and other items.
  

  WCDD SUPPORTS. People living in any type of supportive living arrangement should have the same rights and protections.

State Senate

• SB 42
  History [Text in PDF] (Talking Points)
  Requires voters to show photo identification and proof of address when registering to vote and voting at the polls. Backers claim the new requirements would combat fraud.

  WCDD opposes. The bill creates barriers to voting for people with developmental disabilities who may not have photo identification or proof of address because of third party payers of bills. Federal law requires states to set up a statewide voter registration system to combat fraud. Wisconsin should implement this system before enacting new legislation.

• SB 46
  History [Text in PDF]
  This is the latest version of campaign finance reform. It changes the designations for the Wisconsin election campaign fund by individuals filing state income tax returns. It creates a nonrefundable individual income tax credit for contributions to the Public Integrity Endowment. It regulates candidate time on public broadcasting television stations and public access channels. It addresses statewide voter registration, staffing of the Elections Board, providing exemptions from emergency rule procedures, granting rule-making authority, and provides penalties for non-compliance.

  WCDD SUPPORTS. Campaign finance reform helps level the playing field for people with disabilities who are unable to contribute financially to campaigns.

• SB 54
  History [Text in PDF] (Comparison with Governor’s Proposal)
  Allows people who are elderly or have physical disabilities in nursing homes to move to the community at an enhanced daily community rate. The funding goes back to Medicaid if the person dies or no longer is used in the community.
• SB 68
  History [Text in PDF]
  This bill allows school disctricts to not reduce class sizes in grades K-3 and therefore not to receive state aid for smaller classes. The aids they would have received would then go towards special education aids.
• SB 71
  History [Text in PDF]
  This bill would prohibit parents or others from suing health care providers (usually) for the costs of caring for a child with a disability and related medical expenses when the health care provider’s negligence during the first 6 months of pregnancy contributed to the mother’s decision not to have an abortion.
• SB 128
  History [Text in PDF] (Talking Points for SB 128 and AB 252)
  This is the Senate version of AB 252. It increases the limits for insurance coverage of nervous or mental health disorders or alcoholism or other drug abuse problems.

  WCDD SUPPORTS. See AB 252 for reasons.

• SB 157
  History [Text in PDF]
  This bill allows for the full and equal enjoyment of a public place of accommodation or amusement by a person with a disability who is accompanied by a service animal.

  WCDD SUPPORTS. It is a reasonable accommodation for people who need service animals.

• SB 181
  History [Text in PDF]
  Provides penalties relating to the harassment of, causing injury to, or theft of a service dog.

  WCDD SUPPORTS. See AB 353 for reasons.

• SB 199
  History [Text in PDF]
  This bill would change current law affecting where smoking is allowed indoors and where you could smoke outside the state capitol building.  People with disabilities would be impacted by their inability to smoke indoors at work or if they live in a licensed nursing home, community-based residential facility (CBRF) or adult day care center.
• SB 211
  History [Text in PDF]
  Increases cigarette taxes by $1.00 per pack and also raises the tax on chewing tobacco. The first $15 million raised would be used for tobacco use control grants. Any additional funds raised would be put into a Medicaid trust fund to assist with the Medicaid budget.

  WCDD SUPPORTS. Smoking related illnesses cost the Medicaid budget a significant amount of funds. This bill would fund prevention programs, discourage people from smoking, and help pay for the health services smokers need.

• SB 226
  History [Text in PDF]
  This bill addresses informed consent issues for minors for inpatient and outpatient treatment for mental illness and developmental disabilities, informed consent for the administration to minors of psychtropic medication, and access to records.
• SB 249
  History [Text in PDF]
  This legislation is proposed largely by the governor to make changes to the way elections are administered in the state.
• SB 310
  History [Text in PDF]
  This bill directs the Dept. of Public Instruction (DPI) to develop a model school poilicy on bullying. The policy will define and provide penalties for bullying. It also directs DPI to develop a model education and awareness program on bullying. The bill also directs all school boards to develop a policy on bullying.

  WCDD SUPPORTS WITH CONDITION. The WCDD supports the bill because children with disabilities are frequently the targets of bullies, however, the WCDD does not want teachers to be the sole decision makers on bullying situations.

• SB 312
  History [Text in PDF]
  This bill expands the nursing home relocation provision in the current state budget to include people who are at risk of placement into a nursing home under the Community Integration Program II (CIP II).
• SB 313
  History [Text in PDF]
  This bill requires that when Medicaid services are provided in schools to pupils that are Medicaid eligible, 100% of the federal reimbursement funding must be returned to the school districts or CESAs providing the services once the amount of funding is greater than $21 million in a school year.
• SB 382
  History [Text in PDF]
  This bill provides that if a student enrolled in a school district lives outside the district as a result of a joint custody arrangement, at the request of the student's parent or guardian the school district must transport the student to and from an agreed upon location within the district.
• SB 383
  History [Text in PDF]
  This bill modifies current education transportation law affecting children with disabilities. The bill will require school districts to pay for the transportation if four conditions are met.
• SB 391
  History [Text in PDF] [More Information]
  This bill revises the laws in a large number of areas: guardianships, conservatorships, and wards; involuntary administration of psychotropic medication; protective placements and protective services; powers of attorney for health care; durable powers of attorney; and residence and county of responsibility.
• SB 396
  History [Text in PDF]
  This bill takes away being able to register at the polls on election day. Voters would have to register 14 days in advance of the election. If a voter did register 14 days in advance but their name does not appear on the registration list, the voter can still vote but has to provide proof to the municipal clerk by the end of the next day for the vote to count. The bill also would let voters register when they apply for a driver’s license or renewal, at a office offering public assistance or providing state-funded services to people with disabilities.
• SB 410
  History [Text in PDF]
  Current law allows a teacher to remove a student from a classroom who is violating the code of classroom conduct adopted by the school board.  This bill extends the removal process to include school property and school sponsored events. It also requires the code of conduct to describe the types of behavior that would warrant removal.
• SB 451
  History [Text in PDF]
  This bill makes changes affecting the Health Insurance Risk-Sharing Plan (HIRSP); creates a HIRSP Authority to assume administration of HIRSP; a health benefit program for persons eligible for tax credits for payment of premiums; creates an income and franchise tax credit and license fee credit for insurers that pay assessments to the Office of the Commissioner of Insurance.
• SB 479
  History [Text in PDF]
  This bill introduces many reforms to the way electoral campaigns are financed. A system of public finance is described with limitations.
• SB 529
  History [Text in PDF] [Amendment] [Amendment Explanation]
  This bill makes over 20 changes in the way special education is administered in the state. It "federalizes" state law. It makes state law reflect the changes that happened to the federal IDEA Act in 2004 . Amended bill signed into law as Act 258.

  WCDD SUPPORTS THE AMENDED BILL. The amended bill was developed with input from advocates for children with disabilities.

• SB 579
  History [Text in PDF]
  This bill provides a civil penalty to those caregivers who fail to disclose a criminal charge or conviction to an employer, if the employer requires that disclosure.
• SB 612
  History [Text in PDF]
  This bill is a compromise voting reform bill between the governor's office and the Legislative Council Committee on Election Reform. This bill addresses many election reforms such as felony voting, absentee voting, changes to registration and registration deadlines, poll worker training, and election administration.
• SB 635
  History [Text in PDF]
  This bill relates to the privileges of observers at elections and the procedure for challenging the qualifications of persons offering to vote. This bill requires a challenging elector to state the reasons for a challenge to the chief inspector at the poll. Current law, which is unchanged in this bill, allows an inspector to administer a test to determine whether the voter is qualified to vote.
• SB 650
  History [Text in PDF]
  This bill changes the definition of registration and treatment records for people with mental illness, developmental disability, alcoholism and drug dependence. It also changes the exception under current law concerning release of treatment records to a physician and creates an additional exception for records release.
• SB 653
  History [Text in PDF]
  This bill lifts the caps on the long-term care benefit called Family Care. Currently DHFS is limited to provide Family Care in pilot counties only. This bill would allow Family Care to expand statewide.

  WCDD SUPPORTS. The Family Care program provides an entitlement to services for people with disabilities which does not exist outside the Family Care pilot counties.

• SB 678
  History [Text in PDF]
  This bill puts limits and conditions on using seclusion and restraints as methods of controlling behavior of students in public and private schools.

  WCDD SUPPORTS. Every student should be treated in a respectful and appropriate manner consistent with the student’s best interest.