An Act to create 16.245 of the statutes; Relating to: pursuing liens on federal property if federal aid to the state is withheld under certain circumstances. (FE)
Summary
AB344 would create a new state statute directing Wisconsin officials to respond when federal aid previously authorized by Congress is withheld because of a presidential executive order or in violation of a court order. If the secretary of administration makes that determination, the secretary must estimate the amount of aid being withheld, report the details to the governor and legislature within 60 days, and identify federal properties in Wisconsin that could potentially be subject to a lien.
The bill then requires the secretary to ask the attorney general to pursue liens on one or more identified federal properties, in an amount capped at the estimated value of the withheld federal aid. Any liens obtained would be released once Wisconsin receives the withheld federal funds. In practical terms, the bill creates a state-level enforcement mechanism aimed at pressuring the federal government to release money that Wisconsin believes it is entitled to receive.
Impact
AB344 would add s. 16.245 to the Wisconsin statutes and give the secretary of administration and attorney general new duties tied to disputes over frozen federal aid. It would not directly change federal law, but it would authorize Wisconsin to seek liens on federal property located in the state as a remedy when aid is withheld under the specified circumstances. The bill would affect state administrative practice, the attorney general’s litigation/enforcement role, and potentially federal-state relations over grants and appropriations.
Sentiment
The available record shows no committee transcript or recorded vote, so there is no detailed public debate in the materials provided. The bill’s introduction by a large group of Democratic legislators suggests support among its authors for a more aggressive state response to federal funding cuts or unlawful withholding. Its eventual failure to pass indicates it did not secure enough legislative support to become law.
Contention
The central point of contention is the bill’s unusual remedy: allowing Wisconsin to pursue liens on federal property located in the state if federal aid is withheld. Supporters likely view the measure as a way to protect state finances and enforce compliance with congressional appropriations or court orders, while opponents would likely question its legality, constitutionality, and practicality, especially given federal sovereign immunity and the limits on state action against federal property. Another likely issue is whether the state should escalate disputes over federal funding through property liens rather than through litigation or negotiation.
Crossfiled
An Act to create 16.245 of the statutes; Relating to: pursuing liens on federal property if federal aid to the state is withheld under certain circumstances. (FE)
Directing the withholding of state payments to the federal government if federal funding is withheld due to the existence of a valid Washington state law.
Federal funds; creating the Federal Funds Oversight Act; requiring agencies to submit report and reject federal funds under certain circumstances. Effective date.
Providing for the withholding of Commonwealth payments to the Federal Government; perfecting liens on Federal property; establishing a civil cause of action; and prohibiting the Commonwealth from sharing data with the Federal Government that contains personally identifiable information.