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Filed Under: Business Law Government Law
COVID-19 Client Alert: U.S. DOJ Urges Public to Report COVID-19 Fraud
On March 20, 2020, Attorney General William P. Barr urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or by e-mailing the NCDF at disaster@leo.gov. Last week, Attorney General Barr directed all U.S. Attorneys to prioritize the investigation and prosecution […]
Filed Under: Government Law
Government Accountability Board Issues Guidance on Reinstatement of Voter ID
On September 12th the 7th Circuit Court of Appeals issued a stay of Judge Lynn Adelman’s April 28th permanent injunction of the implementation of 2011 Wisconsin Act 23 (the “Act”), the so-called Voter ID law. In light of the Court’s action, the Government Accountability Board (“GAB”) has advised that Wisconsin elections officials will be required […]
Filed Under: Government Law
A Decade After Adoption of Federal DPPA, Treatment of Personal Information Remains Unclear
Ten years after the adoption of the federal Drivers Privacy Protection Act (“DPPA”) treatment of personal information remains unclear Despite the passage of a decade and a trio of court rulings, a local government’s obligation to disclose certain records containing “personal information” in compliance with the federal Drivers Privacy Protection Act (“DPPA”) and Wisconsin’s public […]
Filed Under: Government Law
Limitations on Security Requirements as Condition of Plat Approval Enacted
On April 16, 2014 Governor Scott Walker signed into law 2013 Wisconsin Act 280 (“the Act”). The Act has a statewide impact on the terms an approving authority may impose on a developer as a condition of its approval of preliminary and final plats. The Act applies prospectively to all preliminary and final plats submitted […]
Filed Under: Government Law
The WI Legislative Session Ended on April 1 with a Number of Bills that will Impact Municipalities
The 2013-2014 legislative session ended on April 1, 2014. At the end of the session there were a number of bills that will have impacts on municipalities. Of note are the changes to the Tax Incremental Districts, elections laws, special assessment/ levy limits and plat approval. Below is a brief summary of these changes. For […]
Filed Under: Government Law
Changes to Municipal Authority to Restrict Bow Hunting
CHANGES TO MUNICIPAL AUTHORITY TO RESTRICT BOW HUNTING 2013 Wisconsin Act 71 alters municipal authority to regulate bow hunting as outlined in section 29.038, Wis. Stats. The Act does not modify the portion of the current statute that allows municipalities to prohibit hunting, fishing or trapping on property owned by the municipality. However, the Act […]
Filed Under: Environmental Law Government Law
Got Brownfields? The State has grants to help.
Let’s say you have property in an area that is the new up and coming development area in your municipality. The property has been used for a number of years for industrial purposes. It would make a lot of sense and increase the value of the property to develop the property to a higher better […]
Filed Under: Government Law
Federal Court of Appeals Upholds Act 10
On Friday, January 18, the federal 7th Circuit Court of Appeals upheld the constitutionality of Act 10 in its entirety. The decision overturns a decision issued in March of 2012 by the United States District Court for the Western District of Wisconsin. The lower court had struck down Act 10’s annual union recertification election requirement […]
Filed Under: Government Law
Act 10 Update
On Friday, September 14, the long running saga surrounding Acts 10 and 32 took another turn as a Dane County Circuit Court judge ruled that many provisions of the acts are unconstitutional and, therefore, “null and void.” Acts 10 and 32 treat represented and non-represented employees differently in many respects. For example, wage increases for […]
Filed Under: Government Law
Parts of Collective Bargaining Legislation Struck Down
On Friday, March 30, 2012, the United States District Court for the Western District of Wisconsin struck down two key provisions of Wisconsin’s new public sector collective bargaining law. Importantly, however, the Court left in place all of the bargaining restrictions, thus severely limiting what a Union can ask to bargain over. [FN1] First, the […]
Filed Under: Government Law
Changes May Be Necessary to Local Zoning Rules Regarding Wireless Facilities
As part of the Middle Class Tax Relief and Job Creation Act of 2011, recently passed by Congress and signed into law by President Obama, municipalities are required to approve certain applications for modification of “an existing wireless tower or base station.” In part, the law supersedes Section 332(c)(7) of the Telecommunications Act, which previously […]
Filed Under: Employment and Labor Law Government Law
WERC Guidance on Budget Bill’s Health Insurance “Plan Design” Collective Bargaining Restrictions
In a closely watched case, a divided Wisconsin Employment Relations Commission (WERC) held that a police association’s attempt to bargain over a health insurance plan’s deductibles was prohibited under language included in the new Budget Bill. The newly-created Wis. Stat. § 111.70(4)(mc)6 prohibits bargaining over “the design and selection of health care coverage plans” and […]
Filed Under: Environmental Law Government Law
New DNR Permits for Application of Pesticides To or Near Waterways
On October 31, 2011 the Department of Natural Resources (DNR) issued general permits covering the application of pesticides to or near waters of the State under the Clean Water Act. REASON FOR NEW REQUIREMENTS In the past, this application of pesticides near or in water had been exempt from the Clean Water Act regulation. These […]
Filed Under: Employment and Labor Law Government Law
Understanding the Impact of the WRS Changes
While it’s been only a couple of months since the Budget Repair Bill and the State Budget became law, there is already an important arbitration decision on police contributions to the Wisconsin Retirement System (WRS) and some changes to the WRS employee categories. This short report addresses these issues and ends with a short word […]
Filed Under: Government Law
The Budget Repair Bill
Following yesterday’s dramatic developments in the State Senate, the Legislature appears poised to pass Special Session SB 11/AB 11, commonly referred to as the Budget Repair Bill. As you are all undoubtedly aware, the legislation dramatically impacts public sector labor relations in Wisconsin. While it is impossible to respond to all of the issues raised […]
Filed Under: Government Law
Subdivision Platting Requirements Changed
The Wisconsin Legislature recently made a number of changes to the subdivision platting requirements contained in Chapter 236 of the Wisconsin Statutes, including limiting a municipality’s authority to deviate from time limits and other requirements contained in the statutes. See 2009 Wisconsin Act 376. Specifically, Act 376 amended section 236.45(2)(ac) to provide that a local […]
Filed Under: Government Law
Low Speed Vehicles on Highways
A bill signed into law on March 12, 2010 amends the law governing operation of Low-Speed Vehicles (previously “Neighborhood Electric Vehicles”) on certain highways, and gives municipalities some authority over this issue. The new law redefines Neighborhood Electric Vehicles as Low-Speed Vehicles (LSVs), conforming to the federal motor vehicle safety standards’ terminology and definition. It […]
Filed Under: Government Law
Changes to TID Administrative Procedures
A new law signed March 12, 2010 changes several administrative procedures that apply to tax incremental districts (TIDs), including how the 12 percent test is calculated. Under the new law, to determine whether a TID’s taxable property plus the value increment of all existing TIDs in a city or village does not exceed 12 percent […]
Filed Under: Government Law
Help for Distressed Tax Incremental Districts
Legislation was signed into law on May 12, 2010 that allows a municipality to designate a tax incremental district as a distressed or severely distressed district by resolution, thereby extending its receipt of positive increment over a longer lifetime. Under the new law, a district designated as distressed may remain in existence and receive positive […]
Filed Under: Government Law
2009 Wisconsin Act 173 Creates Consistency and Clarity
The recently enacted 2009 Wisconsin Act 173 modifies numerous statutes related to compensation of elected officials, the bidding procedure for public works contracts and restrictions on contracts for police services. The Act also creates flexibility in village notice of publication requirements and reduces municipal liability for mob damage. Establishment and Modification of Compensation for Elected […]
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