2018 Wisconsin legislative session

	Wisconsin State Legislature
	; ;
	General information
Type:	State legislature
Term limits:	None
Session start:	January 16, 2018
Session end:	March 22, 2018
Website:	Official Legislature Page
	Leadership
Senate President:	Roger Roth (R)
House Speaker:	Robin Vos (R)
Majority Leader:	Senate: Scott Fitzgerald (R) ; House: Jim Steineke (R)
Minority Leader:	Senate: Jennifer Shilling (D) ; House: Gordon Hintz (D)
	Structure
Members:	33 (Senate), 99 (Assembly)
Length of term:	4 years (Senate), 2 years (Assembly)
Authority:	Art IV, Wisconsin Constitution
Salary:	$50,950/year + per diem
	Elections
Redistricting:	Wisconsin Legislature has control

2018 legislative sessions coverage
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This page provides an overview of the 2018 Wisconsin State Legislature and its general and special sessions. The timelines below contain noteworthy events from the sessions Ballotpedia curated throughout the year.

Click on the links below to access relevant session information:

January 16-March 22: Regular session
January 18-February 27: First special session
November 12-December 5: Second special session

If you know of any additional events that should be added to this page, please email us at editor@ballotpedia.org.

Overview

In 2018, the Wisconsin State Legislature was in session from January 16, 2018, through March 22, 2018. Legislators convened a special session January 18 to February 27. The legislature held a second special session November 12.

Partisan control

Wisconsin was one of 26 Republican state government trifectas in 2018. A state government trifecta occurs when one political party holds the governor's office, a majority in the state Senate, and a majority in the state House. For more information about state government trifectas, click here.

The following tables show the partisan breakdown of the Wisconsin State Legislature in the 2018 legislative session.

Senate

Party		As of July 2018
	Democratic Party	15
	Republican Party	18
	Vacancies	0
Total		33

House

Party		As of July 2018
	Democratic Party	35
	Republican Party	64
	Vacancies	0
Total		99

Leadership in 2018

Senate

Senate president: Roger Roth (R)
Majority leader: Scott Fitzgerald (R)
Minority leader: Jennifer Shilling (D)

House

Speaker of the Assembly: Robin Vos (R)
Majority leader: Jim Steineke (R)
Minority leader: Gordon Hintz (D)

Status of legislation

Bill statistics

	Introduced	Enacted into law
Assembly bills	1068	214
Senate bills	882	132
Totals	1950	346
Source: The Wisconsin State Legislature, "Status of business in the legislature," accessed July 20, 2018

Status of legislation

Status of legislation: Regular session
Legislation	Subject area	Actions	Status
AB 128	Limiting abortion coverage for public workers	Passed Assembly (2017) Passed Senate	Governor signed
AB 65	Creating grants for armed guards in schools	Passed Assembly	Died in Senate
SB 408	Increasing penalty for straw purchasing	Passed Senate Passed Assembly	Governor signed
AB 1031	Expanding background checks for firearm purchases	Passed Assembly	Died in Senate
AB 748	Prohibiting cities from enacting employment ordinances	Passed legislature	Governor signed
Status of legislation: First special session
Legislation	Subject area	Actions	Status
AB 1	Establishing mandatory participation in the FoodShare employment and training program	Passed Assembly Passed Senate	Goveror signed
AB 2	Requiring FoodShare participants to participate in work or job training	Passed Assembly Passed Senate	Goveror signed
AB 3	Limiting eligibility for participating in W-2, WI Shares, and FoodShare programs	Passed Assembly Passed Senate	Goveror signed
AB 4	Authorizing public housing authorities to assist residents with employment plan development	Passed Assembly Passed Senate	Goveror signed
AB 5	Creating pilot program for period payments	Passed Assembly Passed Senate	Goveror signed
AB 6	Establishing performance-based payment sysems for some state contracts	Passed Assembly Passed Senate	Goveror signed
AB 7	Authorizing pay-for-performance standards in some contracts	Passed Assembly Passed Senate	Goveror signed
AB 8	Requiring Medicaid recipients to comply with childcare requirements	Passed Assembly Passed Senate	Goveror signed
AB 9	Mandating state health department to request a federal waiver	Passed Assembly Passed Senate	Goveror signed
AB 10	Requiring photos on electronic benefit cards for FoodShare recipients	Passed Assembly	Died in Senate
Status of legislation: Second special session
Legislation	Subject area	Actions	Status
AB 963	Authorizing tax credits for paper manufacturers	Passed Assembly during regular session	No action—stalled in special session
SB 883	Expanding legislative oversight of transportation and highway funding	Passed legislature	Governor signed
SB 884	Establishing two-week period for early voting and changing attorney general authority	Passed legislature	Governor signed
SB 886	Changing requirements to access Medicaid	Passed legislature	Governor signed

Regular session

February 20, 2018

Wisconsin State Senate passes bill limiting abortions for public workers
The Wisconsin State Senate passed Assembly Bill 128 in an 18-14 party-line vote (all Republicans in favor, all Democrats against). Assembly Bill 128 proposed prohibiting the state Group Insurance Board from providing coverage for abortions except for cases of rape or incest or to preserve the life of the mother. The bill would impact state and local government workers. The Wisconsin State Assembly voted 61-35, also on party lines, in favor of the bill November 2, 2017. A similar bill failed in the state Senate in 2013.^[1] Read more here.

Update: Gov. Scott Walker (R) signed AB 128 April 3.

Wisconsin State Assembly passes bill to create grants for armed guards at schools
The state Assembly voted 71-24 in favor of Assembly Bill 65, which proposed allowing the state Justice Department to provide grants to help school districts pay for armed security guards. The legislation proposed grants for three consecutive years, covering 75 percent of the cost in the first year, 50 percent in the second year, and 25 percent in the third year. The bill did not specify the amount of the grants, which would go to schools with students in grades 5 to 12.^[2]^[3]

AB 65 also proposed making straw purchasing—purchasing a gun for someone prohibited from owning one—a felony. It would also establish a mandatory four-year prison sentence for those repeatedly convicted of illegally possessing a firearm. State law at the time of AB 65's passage allowed straw purchasers to be fined and imprisoned for up to nine months.^[2]^[4]

AB 65 began as a Democratic proposal to require universal background checks for gun purchases.^[3] Lawmakers voted 64 to 31 with all Republicans and four Democrats voting "yes" to substitute an amendment containing the measures detailed above.

AB 65 was sent to the state Senate for approval. Read more here.

Update: The legislation died in the state Senate.

Wisconsin State Senate votes to increase penalty for straw purchasing
The state Senate voted unanimously in favor of Senate Bill 408, which proposed increasing the penalty for straw purchasing—purchasing a firearm with the intent to give it to a person legally prohibited from owning or possessing one—from a misdemeanor to a Class H felony. SB 408 also proposed establishing a mandatory four-year prison sentence for those repeatedly convicted of illegally possessing a firearm.^[5] Read more here.

Update: The state Assembly approved SB 408 February 22. The governor signed it March 28.

March 22, 2018

State Assembly approves state background check system
The state Assembly approved by voice vote AB 1031, a measure to institute a state background check system expanding data sources used in background checks for firearm purchases. Wisconsin law at the time of the measure's passage in the Assembly checked 11 sources for handgun purchases and five sources for all other firearms. The measure proposed requiring the state to check all 11 sources for all firearm purchase background checks. Assembly Speaker Robin Vos (R) said the proposal addressed the problem of school violence without infringing on gun ownership rights. Assembly Minority Leader Gordon Hintz (D) opposed the proposal, saying, "There will not be a single new background check on anybody."^[6]^[7]

The proposal was sent to the state Senate, where Senate Majority Leader Scott Fitzgerald (R) said it would not move forward.^[8]

Update: The legislation died in the state Senate.

April 16, 2018

Gov. Walker signs law prohibiting cities from enacting employment ordinances
Gov. Walker signed AB 748, prohibiting local governments from enacting employment ordinances related to hours and overtime, employment benefits, wages, and an employer's right to obtain salary information from prospective employees, among others. The bill passed the state Assembly February 22, 58 to 32. The state Senate approved AB 748 March 20, 18 to 14. The legislature sent the bill to the governor after agreeing to amendments March 22.^[9]^[10]

Rep. Rob Hutton (R) said AB 748 "establishes certainty for employees so that they know that they may receive the same treatment from the business and the government no matter where they are located."^[11]

Sen. Kathleen Vinehout (D) disagreed, saying different industries required different standards: "The county’s association which is of course is [sic] opposed to taking away their local powers are concerned that they’re not going to be able to regulate employee hours or overtime, benefits, discrimination in any particular industry in their county."^[11]

At the time of AB 748's passage, more than two dozen other states had prohibited local governments from enacting similar laws and ordinances, according to Lexology.^[12] Read more here.

See also: Labor preemption conflicts between state and local governments

Special session: January 18 to February 27

January 18, 2018

The state Legislature convened a special session January 18 to take up 10 bills related to the administration of welfare programs in the state. The special session designation required state lawmakers to consider the slate of legislation.^[13]

February 20, 2018

Wisconsin Legislature approves changes to welfare programs in the state
The state Senate approved nine out of 10 bills that were part of Gov. Walker'sWisconsin Works for Everyone proposal, a package related to the administration of welfare programs in the state. The state Assembly approved all 10 of the bills February 15. The bills passed the legislature along party-line votes with Republicans for and Democrats against.^[14]^[15]

The bills proposed:

increasing work or job training requirements from 20 hours per week to 30 hours per week for certain adults who already receive welfare.
implementing work and job training requirements for certain parents of school-age children who wish to receive benefits.
excluding anyone with a home valued at $321,000 or more or a personal vehicle valued at $20,000 or more from receiving welfare benefits.
requiring public housing authorities to create an employability plan for certain public housing residents, and to conduct drug screening and provide treatment to public housing residents abusing controlled substances.
establishing a pilot program in which the earned income tax credit payments would be dispersed throughout the year.
requiring the Department of Health Services and the Department of Children and Families to implement performance-based payment systems for Wisconsin Works agencies and FoodShare Employment and Training contracts.
establishing a $20 million fund to privatize welfare and training programs.
creating individual health savings accounts for Medicaid recipients.^[16]

The bills, some of which required federal approval to take effect, were sent to Gov. Walker's desk.^[17]

The bills expanded changes made to Wisconsin's welfare system in 1996 under former Gov. Tommy Thompson.^[18] The Wisconsin Works for Everyone proposal contained more funding for workforce training than proposals from other states with Republican governors. At the time of its proposal, Nebraska and Maine had already implemented similar plans.^[19] Read more here.

April 10, 2018

Gov. Walker signs welfare legislation into law
Gov. Walker signed nine bills that were part of a package to change the state's welfare system. In a press release, Walker said the bills "ensure help to those who truly need it, while providing the training and assistance they need to re-enter the workforce and regain independence."^[20] The legislation passed the legislature along party lines in February.

Special session assembly bill 1 directed the state health department to establish mandatory participation in the FoodShare employment and training program. Under the bill, the state's mandatory participation requirement needed to be consistent with the maximum hours permitted by the federal government.
Special session assembly bill 2 established requirements for adults participating in the FoodShare program must complete a work requirement or participate in a training course to maintain eligibility for the program, unless the adult was a student or a caretaker for a child under the age of six. The legislation exempted caretakers of disabled dependents.
Special session assembly bill 3 said individuals with a home valued at 200 percent of the median statewide home value and a vehicle valued at more than $20,000 were prohibited from participating in W-2, WI Shares, and FoodShare programs.
Special session assembly bill 4 authorized public housing authorities to help individuals in public housing with employment plan development. It also required drug screening, testing, and treatment for public housing residents.
Special session assembly 5 creates "a pilot program for periodic payments of the earned income tax credit."
Special session assembly bill 6 required the state health department and the Department of Children and Families to establish performance-based payment systems for Wisconsin Works and FoodShare employment and training contracts.
Special session assembly bill 7 authorized the Department of Administration (DOA) to have pay-for-performance standards in contracts with private service providers that assist in welfare program management.
Special session assembly bill 8 required Medicaid recipients to comply with child support requirements.
Special session assembly bill 9 mandated the state health department to request a federal government waiver to "create a savings program, similar to a health savings account, in the Medicaid program."^[20]^[21]

Senate Minority Leader Jennifer Shilling (D) said there were other ways to help unemployed residents get jobs: "Rather than creating barriers and driving more Wisconsin families into poverty, Democrats want to expand economic opportunities, grow our middle class and support strong communities."^[22]

According to the Milwaukee Journal Sentinel, the costs of the requirements were estimated at $79.7 million in state and federal funds. The Milwaukee Journal Sentinel also reported that as of November 2017, 24,420 welfare participants found work through work requirement programs, and 86,000 residents lost benefits. "Some of those who lost benefits likely went on to get jobs outside the program, but it's not possible to track that."^[22] Read more here.

Special session: November 12 to December 5

Gov. Walker called for a special session to take place November 12 to address AB 963, which proposed creating "an income and franchise tax credit for a certain paper manufacturer that would include a component based on wages paid and a component based on capital expenditures." The bill proposed a payroll tax credit of up to 17 percent of payroll costs and a capital expenditure tax credit of up to 15 percent of capital expenditures.^[23]^[24]

The proposed tax credits aimed to keep manufacturer Kimberly-Clark from closing two paper mill facilities in Neenah and Fox Crossing, Wisconsin. In January 2018, Kimberly-Clark announced plans to close the facilities, resulting in an estimated loss of 600 jobs.^[25]^[26]

The state Assembly approved AB 963 in February 2018 but the Senate failed to agree to amendments.

Ultimately the legislation did not have enough support to be brought to the floor for a vote.^[27]

December 5, 2018

Legislature approves early voting, Medicaid, transportation bills
The state legislature approved three bills along party lines in an overnight session.^[27]

SB 883 proposed:

eliminating the Department of Transportation's (DOT) ability to transfer state and federal funds between different highway programs.
requiring federal funds to make up 70 percent of funding for highway development and rehabilitation projects. State law at the time of SB 883's passage allowed the DOT to combine state and federal funds for highway projects and did not specify a minimum amount of federal funds.
allowing businesses like limited liability companies and partnerships, known as pass-through entities, to elect to be taxed at the 7.9-percent business corporate rate rather than the 7.65-percent individual income tax rate. When SB 883 passed, pass-through entities were taxed at the individual income tax rate.
using revenue from out-of-state sales taxes to lower state individual income tax rates.^[28]^[29]^[30]^[27]

Among its provisions, SB 884 proposed:

establishing a two-week early voting period.
eliminating the office of the solicitor general in the state Department of Justice (DOJ).
requiring the DOJ to deposit settlement funds into the general fund, rather than a separate DOJ appropriation fund.
expanding the legislature's ability to participate and intervene in legal challenges to state law.
authorizing legislators to retain outside legal counsel, rather than DOJ representation.
prohibiting the governor and state agencies from renominating an individual to an appointed office if the Senate had already rejected that individual's nomination in a two-year period.
decreasing the amount of governor-appointed members of the 12-member Wisconsin Economic Development Corporation (WEDC) from six to four. Governor Tony Evers (D) previously expressed interest in dismantling the WEDC.^[31]^[27]

SB 886 proposed:

requiring childless Medicaid recipients between the ages of 19 and 50 "to participate in, document, and report 80 hours per calendar month of community engagement activities."
requiring monthly premiums for childless Medicaid recipients depending on income level.
charging $8 copayments for nonemergency visits to the emergency room.^[32]^[33]

The bills and the legislative process faced criticism from Democrats and members of the public. The public was removed from the Senate gallery on December 4 for one hour. Protestors shouted "Shame!" and "Respect our votes!" in the state Capitol.^[34]^[35]

Evers said, "Power-hungry politicians rushed through sweeping changes to our laws to expand their own power and override the will of the people of Wisconsin who asked for change on November 6th." Then-Gov. Scott Walker (R) denied the process was political maneuvering.^[36] Assembly Speaker Robin Vos (R) said the legislation was part of an effort "to make sure that the powers of each branch are as equal as they can be."^[37]

Update: Gov. Walker signed the bills December 15.

December 15, 2018

Walker signs early voting, Medicaid, transportation bills
Gov. Walker signed SB 883, SB 884, and SB 886. In an official statement, Walker said, "Despite all the hype and hysteria out there, these bills do nothing to fundamentally diminish executive authority. ... My criteria when evaluating these bills were simple: Do they improve transparency? Do they increase accountability? Do they affirm stability? And do they protect the taxpayers? The answer is yes."^[38]

Then-Governor election Tony Evers (D) said Walker "chose to ignore and override the will of the people." U.S. Sen. Tammy Baldwin (D) said Walker's actions were "a craven partisan attack on democracy."^[39]

Noteworthy events

Governor Walker calls for court-ordered special election

On March 29, 2018, Gov. Walker called a special election for June 12 to fill vacant seats in Wisconsin State Senate District 1 and Wisconsin State Assembly District 42. On March 22, Judge Josann Reynolds of the Dane County Circuit Court, Wisconsin, ordered Walker to call special elections for the seats which were vacated in December 2017.^[40]

Wisconsin's legislative session ended March 22. Individuals elected in a special election would not cast votes unless the governor called a special session. Both seats were up for election in 2018.