Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB916 Compare Versions

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1		-	Date of enactment:
2		-	2023 Senate Bill 916 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	AN ACT to create 66.0443 of the statutes; relating to: requiring local governments to designate an individual for
5		-	consultation required under a federal program regarding refugee resettlement and assistance.
6		-	The people of the state of Wisconsin, represented in
7		-	senate and assembly, do enact as follows:
8		-	SECTION 1. 66.0443 of the statutes is created to read:
9		-	66.0443 Local consultation for refugee resettle-
10		-	ment and assistance. (1) In this section:
11		-	(a) “Chief elected official” means the mayor of a city
12		-	or, if the city is organized under subch. I of ch. 64, the
13		-	president of the council of that city, the village president
14		-	of a village, the town board chairperson of a town, the
15		-	chairperson of the county board of supervisors, or the
16		-	chairperson of a school board.
17		-	(b) “Committee” means a county refugee resettle-
18		-	ment committee organized under sub. (5).
19		-	(c) “Designee” means a person designated under sub.
20		-	(4) (b) by a local governmental unit.
21		-	(d) “Local governmental unit” means a city, village,
22		-	town, county, or school district.
23		-	(e) “Private nonprofit voluntary agency” means an
24		-	organization that participates in the federal reception and
25		-	placement program under a cooperative agreement with
26		-	the federal department of state to sponsor and provide
27		-	assistance and support to refugees upon arrival in the
28		-	United States.
29		-	(2) If any employee or officer of a local governmental
30		-	unit contacts or is contacted by the federal government or
31		-	a private nonprofit voluntary agency acting under 8 USC
32		-	1522 regarding the proposed placement of refugees, as
33		-	defined in 8 USC 1101 (a) (42), in the local governmental
34		-	unit under 8 USC 1522, within 7 business days of the ini-
35		-	tial contact, the employee or officer shall submit a written
36		-	report on the contact, including copies of any documenta-
37		-	tion received, to the chief elected official and clerk of the
38		-	local governmental unit.
39		-	(3) Within 10 business days of receiving a report
40		-	under sub. (2), a chief elected official shall provide a writ-
41		-	ten notification of the contact to the chief elected official
42		-	and clerk of each local governmental unit located,
43		-	entirely or partially, within a 100−mile radius of the
44		-	office of the clerk for the local governmental unit provid-
45		-	ing the notice under this subsection.
46		-	(4) Within 30 days of receiving notification under
47		-	sub. (3), the governing body of each local governmental
48		-	unit receiving notification under sub. (3) shall meet and
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 916
	5	+	January 11, 2024 - Introduced by Senators T OMCZYK, JAMES, BALLWEG,
	6	+	CABRAL-GUEVARA, JACQUE, NASS, QUINN and WANGGAARD, cosponsored by
	7	+	Representatives HURD, SUMMERFIELD, PRONSCHINSKE, PETRYK, ARMSTRONG,
	8	+	GUSTAFSON, BEHNKE, BODDEN, BRANDTJEN, DITTRICH, EDMING, GOEBEN, GREEN,
	9	+	MAGNAFICI, MAXEY, MURPHY, MURSAU, PENTERMAN, ROZAR and SCHMIDT.
	10	+	Referred to Committee on Transportation and Local Government.
	11	+	*AUTHORS SUBJECT TO CHANGE*
	12	+	AN ACT to create 66.0443 of the statutes; relating to: requiring local
	13	+	governments to designate an individual for consultation required under a
	14	+	federal program regarding refugee resettlement and assistance.
	15	+	Analysis by the Legislative Reference Bureau
	16	+	This bill provides a procedure for providing notice of, and designating local
	17	+	consultation regarding, certain refugee resettlement and assistance. Under the bill,
	18	+	if an employee or officer of a city, village, town, county, or school district (local
	19	+	governmental unit) contacts or is contacted by the federal government or a private
	20	+	nonprofit voluntary agency regarding certain proposed placements of refugees in the
	21	+	local governmental unit, the employee or officer must report the contact to the chief
	22	+	elected official (placement report). The chief elected official must then notify each
	23	+	local governmental unit located, entirely or partially, within a 100-mile radius. The
	24	+	governing body of each local governmental unit receiving one of these notifications
	25	+	must meet and 1) include on the meeting agenda an informational item that the
	26	+	notification has been received and allow for a public comment on the item, and 2)
	27	+	designate a representative for the local governmental unit for purposes of
	28	+	consultation with the federal government or a private nonprofit voluntary agency.
	29	+	Under the bill, all designees in the county with regard to a particular placement
	30	+	report must meet as a county refugee placement committee to discuss the proposed
	31	+	placement of refugees. The committee must then hold a public hearing regarding the
	32	+	proposed placement of refugees. After the hearing, the committee must make a
	33	+	recommendation on whether the local governmental unit should pass a resolution
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	39	+	regarding its position on the proposed refugee placement and provide each designee
	40	+	with guidance on all considerations that should be included as part of a consultation
	41	+	with the federal government or a private nonprofit voluntary agency regarding the
	42	+	proposed placement of refugees. Designees must also report to the governing body
	43	+	of the local governmental unit for which the designee is a representative any plan
	44	+	relating to the proposed refugee placement established after consultation with the
	45	+	federal government or a private nonprofit voluntary agency.
	46	+	For further information see the local fiscal estimate, which will be printed as
	47	+	an appendix to this bill.
	48	+	The people of the state of Wisconsin, represented in senate and assembly, do
	49	+	enact as follows:
	50	+	SECTION 1. 66.0443 of the statutes is created to read:
	51	+	66.0443 Local consultation for refugee resettlement and assistance.
	52	+	(1) In this section:
	53	+	(a) “Chief elected official” means the mayor of a city or, if the city is organized
	54	+	under subch. I of ch. 64, the president of the council of that city, the village president
	55	+	of a village, the town board chairperson of a town, the chairperson of the county board
	56	+	of supervisors, or the chairperson of a school board.
	57	+	(b) “Committee” means a county refugee resettlement committee organized
	58	+	under sub. (5).
	59	+	(c) “Designee” means a person designated under sub. (4) (b) by a local
	60	+	governmental unit.
	61	+	(d) “Local governmental unit” means a city, village, town, or county, or school
	62	+	district.
	63	+	(2) If any employee or officer of a local governmental unit contacts or is
	64	+	contacted by the federal government or a private nonprofit voluntary agency acting
	65	+	under 8 USC 1522 regarding the proposed placement of refugees in the local
	66	+	governmental unit under 8 USC 1522, within 7 business days of the contact, the
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	86	+	SECTION 1
	87	+	SENATE BILL 916
	88	+	employee or officer shall submit a written report on the contact, including copies of
	89	+	any documentation received, to the chief elected official and clerk of the local
	90	+	governmental unit.
	91	+	(3) Within 10 business days of receiving a report under sub. (2), a chief elected
	92	+	official shall provide a written notification of the contact to the chief elected official
	93	+	and clerk of each local governmental unit located, entirely or partially, within a
	94	+	100-mile radius of the office of the clerk for the local governmental unit providing
	95	+	the notice under this subsection.
	96	+	(4) Within 30 days of receiving notification under sub. (3), the governing body
	97	+	of each local governmental unit receiving notification under sub. (3) shall meet and
49	98		do all of the following:
50		-	(a) Include on the meeting agenda an informational
51		-	item that the notification under sub. (3) has been received
52		-	and allow for a public comment on the item.
53		-	(b) Designate, by a majority vote of a quorum of the
54		-	governing body, an employee or officer of the local gov-
55		-	ernmental unit to serve as the representative for the local
56		-	governmental unit for purposes of consultation with the
57		-	federal government or a private nonprofit voluntary
58		-	agency regarding refugee resettlement and assistance as
59		-	set forth under 8 USC 1522. The clerk of the local gov-
60		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
61		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 916
62		-	ernmental unit shall notify the county board chairperson
63		-	and clerk for the county in which the local governmental
64		-	unit is located of the designation under this paragraph.
65		-	(5) Not sooner than 30 days, nor later than 45 days,
66		-	after receiving a notification under sub. (3), upon the call
67		-	of the county board chairperson, each designee in the
68		-	county with regard to a report under sub. (2) shall meet
69		-	to discuss the proposed placement of refugees regarding
70		-	which the report was made. The county board chairper-
71		-	son shall ensure that representatives of the federal gov-
72		-	ernment or private nonprofit voluntary agency involved
73		-	in the contact under sub. (2) are invited to the meeting.
74		-	Upon commencement of the meeting under this subsec-
75		-	tion, the designees constitute a county refugee resettle-
76		-	ment committee. The county is responsible for all costs
77		-	of the committee.
78		-	(6) Within 30 days of the initial committee meeting
79		-	under sub. (5), the committee shall hold a public hearing
80		-	regarding the proposed placement of refugees regarding
81		-	which the report under sub. (2) was made. Notice of the
82		-	hearing shall be given by publishing in a newspaper or
83		-	newspapers having general circulation within the terri-
84		-	tory within a 100−mile radius of the office of the clerk for
85		-	the local governmental unit to whom the report under
86		-	sub. (2) was made as a class 1 notice, under ch. 985, a
87		-	summary of the proposal and notice of the place where
88		-	the proposal, the written report submitted to the chief
89		-	elected official under sub. (2), and any documentation
90		-	submitted with the report are available for public inspec-
91		-	tion, and notice of the time and place for holding the pub-
92		-	lic hearing thereon in the local governmental unit at least
93		-	15 days prior to the time of the public hearing. Posting
94		-	may not be substituted for publication under this subsec-
95		-	tion. Notice of the hearing shall also be given at least 10
96		-	days before the meeting by communication from the
97		-	committee to those news media who have filed a written
98		-	request for notice of all meetings of any local govern-
99		-	mental unit that received a notification under sub. (3),
100		-	and to the official newspaper designated under ss.
101		-	985.04, 985.05, and 985.06 of any local governmental
102		-	unit that received a notification under sub. (3) or, if none
103		-	exists, to a news medium likely to give notice in the area.
104		-	(7) Once a public hearing has been held under sub.
105		-	(6), the committee shall make a recommendation to the
106		-	governing body of the local governmental unit on
107		-	whether the body should pass a resolution regarding its
108		-	position on the proposed refugee placement.
109		-	(8) The committee shall provide each designee with
110		-	guidance on all considerations that should be included as
111		-	part of the consultation under 8 USC 1522, including
112		-	consideration of potential impacts on the local agencies
113		-	and the timeline related to any placement of refugees
114		-	with regard to which the report under sub. (2) was made.
115		-	Designees shall communicate all considerations pro-
116		-	vided by the committee to the relevant parties involved
117		-	in consultation under 8 USC 1522.
118		-	(9) Once a plan relating to the proposed refugee
119		-	placement under this section has been established after
120		-	consultation under 8 USC 1522, each designee shall sub-
121		-	mit within 7 business days a written report on the plan to
122		-	the local governmental unit for which the designee is a
123		-	representative.
	99	+	(a) Include on the meeting agenda an informational item that the notification
	100	+	under sub. (3) has been received and allow for a public comment on the item.
	101	+	(b) Designate, by a majority vote of a quorum of the governing body, an
	102	+	employee or officer of the local governmental unit to serve as the representative for
	103	+	the local governmental unit for purposes of consultation with the federal government
	104	+	or a private nonprofit voluntary agency regarding refugee resettlement and
	105	+	assistance as set forth under 8 USC 1522. The clerk of the local governmental unit
	106	+	shall notify the county board chairperson and clerk for the county in which the local
	107	+	governmental unit is located of the designation under this paragraph.
	108	+	(5) Not sooner than 30 days, nor later than 45 days, after receiving a
	109	+	notification under sub. (3), upon the call of the county board chairperson, each
	110	+	designee in the county with regard to a report under sub. (2) shall meet to discuss
	111	+	the proposed placement of refugees regarding which the report was made. The
	112	+	county board chairperson shall ensure that representatives of the federal
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	139	+	SECTION 1 SENATE BILL 916
	140	+	government or private nonprofit voluntary agency involved in the contact under sub.
	141	+	(2) are invited to the meeting. Upon commencement of the meeting under this
	142	+	subsection, the designees constitute a county refugee resettlement committee. The
	143	+	county is responsible for all costs of the committee.
	144	+	(6) Within 30 days of the initial committee meeting under sub. (5), the
	145	+	committee shall hold a public hearing regarding the proposed placement of refugees
	146	+	regarding which the report under sub. (2) was made. Notice of the hearing shall be
	147	+	given by publishing in a newspaper or newspapers having general circulation within
	148	+	the territory within a 100-mile radius of the office of the clerk for the local
	149	+	governmental unit to whom the report under sub. (2) was made as a class 1 notice,
	150	+	under ch. 985, a summary of the proposal and notice of the place where the proposal,
	151	+	the written report submitted to the chief elected official under sub. (2), and any
	152	+	documentation submitted with the report are available for public inspection, and
	153	+	notice of the time and place for holding the public hearing thereon in the local
	154	+	governmental unit at least 15 days prior to the time of the public hearing. Posting
	155	+	may not be substituted for publication under this subsection. Notice of the hearing
	156	+	shall also be given at least 10 days before the meeting by communication from the
	157	+	committee to those news media who have filed a written request for notice of all
	158	+	meetings of any local governmental unit that received a notification under sub. (3),
	159	+	and to the official newspaper designated under ss. 985.04, 985.05, and 985.06 of any
	160	+	local governmental unit that received a notification under sub. (3) or, if none exists,
	161	+	to a news medium likely to give notice in the area.
	162	+	(7) Once a public hearing has been held under sub. (6), the committee shall
	163	+	make a recommendation to the governing body of the local governmental unit on
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	190	+	SECTION 1
	191	+	SENATE BILL 916
	192	+	whether the body should pass a resolution regarding its position on the proposed
	193	+	refugee placement.
	194	+	(8) The committee shall provide each designee with guidance on all
	195	+	considerations that should be included as part of the consultation under 8 USC 1522,
	196	+	including consideration of potential impacts on the local agencies and the timeline
	197	+	related to any placement of refugees with regard to which the report under sub. (2)
	198	+	was made. Designees shall communicate all considerations provided by the
	199	+	committee to the relevant parties involved in consultation under 8 USC 1522.
	200	+	(9) Once a plan relating to the proposed refugee placement under this section
	201	+	has been established after consultation under 8 USC 1522, each designee shall
	202	+	submit within 7 business days a written report on the plan to the local governmental
	203	+	unit for which the designee is a representative.
	204	+	(10) A taxpayer of a local governmental unit may commence an action for
	205	+	injunctive relief, a writ of mandamus or prohibition, or other such legal or equitable
	206	+	relief as may be appropriate to compel compliance with the law if an elected official
	207	+	designated under this section or the governing body of the local governmental unit
	208	+	has failed or is failing to comply with this section.
	209	+	(END)
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