Senate Prepares for Final Regular Session Floor Day

The state Assembly has adjourned and is unlikely to reconvene in regular session until January. The state Senate plans to convene in regular session on March 17, and its deliberations may continue until March 18, and then adjourn. So while some of us are enjoying corned beef and green beer, what will the Senate be taking up on its final day of session? Below are some outstanding items that could make the final calendar … or not.

• PFAS Package: This appears to be the session that the PFAS package (AB 130 & AB 131) finally gets done. At its core, the PFAS legislation includes the parameters for a grant program — aimed at municipalities for PFAS clean-up — for which $125 million was set aside in the 2023–25 state budget. Since then, disputes between Republican legislators and the Democrat governor appear to have been ironed out. The compromise bills provide grants to municipalities, private well owners, and protections for innocent landowners. The bills cleared the Assembly unanimously and are now teed up for the Senate floor. Could this be the year for PFAS?
• FoodShare Positions: In early fall, DHS requested positions and supports totaling nearly $70 million to meet new federal requirements. At one point, there was talk of a special session in December to address this request, but that came and went, and it remained unclear what the vehicle for the positions would be. The Assembly answered that question when it passed AB 180 and tagged on mechanisms to fund the positions. AB 180 directs DHS to seek a waiver to prohibit candy and soft drinks from being purchased with FoodShare benefits. The bill passed the Assembly 71–22, with 23 Democrats voting with the majority. In addition to the policy change, the bill includes $3.5 million to build a food stamp platform to help grocers comply with the ban.
• Sports Betting: Another issue that continues to circulate around the Capitol is the potential expansion of sports betting and who gets to decide how an expansion is put into practice. Currently, sports wagering in Wisconsin is limited to on-site sportsbooks at tribal casinos under gaming compacts negotiated between Governor Evers and Wisconsin’s tribal nations. AB 601, which passed the Assembly on a voice vote, would expand sports wagering options by allowing bets to be placed anywhere in Wisconsin, but AB 601 has faced some legal and political hurdles. In Wisconsin, gaming expansions have generally required a constitutional amendment, meaning approval by two consecutive legislatures and ratification via a statewide voter referendum. AB 601, however, takes different approach by excluding “an event or sports wager” from the definition of what is an illegal “bet” in Wisconsin. If the Senate concurs in AB 601, Gov. Evers would be empowered to negotiate with the tribal nations how exactly to allow sports wagering in Wisconsin even if the bettor isn’t physically on tribal land. All eyes are on whether the GOP-controlled Senate takes AB 601 up before adjournment.
• Speaker Taskforce Bills: In the fall, Speaker Vos created a series of taskforces to study and produce legislation on key topics. Taskforce bills are commonplace in Wisconsin. Moving them through the Assembly is one thing — but once they reach the Senate, it can be another story. This session, the taskforces included Protecting Children, Government Efficiency and Modernization, Elder Services, and Rulemaking. Each taskforce produced a package of bills. Most notable is the Protecting Children package, which includes legislation aimed at social media access and use for kids. The Elder Services Taskforce produced several bills as well — including legislation to place guardrails on crypto kiosks (AB 968), which are increasingly utilized for illicit activity, including scams targeting the elderly. The taskforce bills have been making their way through the Senate committee process in preparation for potential floor action.
• Data Centers: One of the most talked-about topics of the session — without a doubt — has been data centers. The media is covering the issue daily, legislators are discussing it on the radio, and now, as the session winds down, there is one bill that could make it through: AB 840. The GOP data center bill passed the Assembly largely on a party-line vote and would require Public Service Commission of Wisconsin rate orders to prevent cost-shifting to other ratepayers. It also mandates that data centers use on-site renewable energy, closed-loop cooling (or a system at least as efficient as closed-loop), annual usage water reporting, and provide bonding and land restoration if projects are not completed. The Democratic data center bill (SB 729/AB 722) received a hearing in the Senate alongside the GOP version, but it is unlikely to move past committee. If the Senate concurs in AB 840, it will be sent to the Governor’s desk for a final decision.
• Stewardship & WisconsinEye: Two issues that are looking increasingly unlikely to make the March 17 calendar are the reauthorization of the Knowles-Nelson Stewardship Program and a plan for the continuation of WisconsinEye. While completely unrelated, both are long-standing services in Wisconsin that, if not continued, would create a void until the 2027–29 state budget. And that process won’t heat up for at least another year. TBD if there is a solution afoot.

Even with what is likely the last floor day approaching, there are still rumblings of a potential tax package deal between Governor Evers and Republican legislative leaders. That would likely occur outside of the March 17 floor date and could take the form of an extraordinary or special session. Gov. Evers and GOP legislative leaders have indicated a willingness to find a compromise to utilize some (or all) of the state’s $2.5 billion surplus for property and/or personal income tax relief. The details of how that would be accomplished are still being negotiated.