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
SB354 would create a new Wisconsin statute directing the secretary of administration to respond when federal aid previously authorized by Congress is withheld from the state because of a presidential executive order or in violation of a court order. In that event, the secretary would have to estimate the amount of aid being withheld and, within 60 days, report that amount to the governor and legislature along with a list of federal properties in Wisconsin that could potentially be subject to a lien.
The bill also requires the secretary to ask the attorney general to seek liens on one or more identified federal properties, in an amount not exceeding the estimated value of the withheld aid, and to attempt to obtain those liens on the state’s behalf. Any liens obtained would be released once the state receives the withheld federal funds. The measure is framed as a state-level enforcement tool to pressure the federal government to release aid that the bill treats as unlawfully frozen.
Impact
If enacted, SB354 would add s. 16.245 to the Wisconsin statutes and create a new administrative and legal process for responding to frozen federal aid. It would impose reporting duties on the secretary of administration, require involvement by the attorney general, and authorize lien actions against federally owned property located in Wisconsin, subject to the bill’s conditions. The practical effect would be to expand state authority to assert leverage over federal property in disputes involving withheld federal funding, while also creating a mechanism to release liens once the funding is restored.
Sentiment
The available context shows no committee testimony or recorded vote breakdown, so there is no detailed public discussion to gauge support or opposition. The bill’s introduction by multiple senators and numerous cosponsors suggests at least some organized support among its sponsors. However, its final status indicates it failed to pass pursuant to Senate Joint Resolution 1, which suggests it did not advance to enactment despite sponsorship.
Contention
The main point of contention is likely the bill’s attempt to authorize liens on federal property as a response to withheld federal aid, which raises legal and constitutional questions about state authority, federal supremacy, and the enforceability of liens against federal assets. Another likely issue is whether the state should use litigation-style pressure tactics in disputes over federal funding, especially when the withholding is tied to executive action or court-order noncompliance. Because no transcripts are provided, the specific arguments for or against the bill are not documented in the available record.
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.