Wisconsin Legislative Council AMENDMENT MEMO One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc Memo published: February 15, 2024 Contact: Ethan Lauer, Senior Staff Attorney 2023 Assembly Bill 1004 Assembly Amendment 1 2023 ASSEMBLY BILL 1004 2023 Assembly Bill 1004 establishes a process that must be followed if an employee or officer of a local governmental unit 1 contacts or is contacted by the federal government or a private nonprofit voluntary agency acting under the federal Immigration and Nationality Act regarding the proposed placement of refugees in the local governmental unit. Briefly, the process includes the following steps: The employee or officer submits a written report on the contact to the chief elected official and clerk of the local governmental unit. The chief elected official provides written notification to each local governmental unit within a 100- mile radius. Each of those local governmental units places the notification as an informational item on a meeting agenda and designates an employee or officer for purposes of consulting with the federal government or the private nonprofit voluntary agency regarding refugee resettlement and assistance under federal law. Each of the designees within a county meet to discuss the proposed placement of refugees, hold a hearing on the proposed placement, and make a recommendation whether the relevant local governmental unit should pass a resolution regarding its position on the proposed placement. Under the bill, a taxpayer of a local governmental unit may commence an action for injunctive relief, a writ of mandamus or prohibition, or other legal or equitable relief to compel compliance with certain requirements of the bill. ASSEMBLY AMENDMENT 1 Assembly Amendment 1 provides that the steps described in the bulleted list above apply only with regard to the initial contact between the employee or officer of the local governmental unit and the federal government or the private nonprofit voluntary agency. The amendment also does the following: Defines “private nonprofit voluntary agency” as an organization that participates in the federal reception and placement program under a cooperative agreement with the U.S. Department of State to sponsor and provide assistance and support to refugees upon arrival in the United States. Clarifies that “refugee” means a refugee as defined in the federal Immigration and Nationality Act. Briefly, a refugee is a person who is outside of that person’s country of nationality and who is unable 1 A “local governmental unit” means a city, village, town, county, or school district. - 2 - or unwilling to return to that country because of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Removes the cause of action. BILL HISTORY Representative Hurd offered Assembly Amendment 1 on February 9, 2024. On February 13, 2024, the Assembly Committee on State Affairs recommended adoption of the amendment and passage of the bill, as amended, each on a vote of Ayes, 8; Noes, 5. For a full history of the bill, visit the Legislature’s bill history page. EL:jal