AB64: Bill Text

AB64,913,9 976.03 (23) (c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by 2 certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to a judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole commission department of corrections, warden or sheriff may also attach such further affidavits and other documents in duplicate as he, she or it deems proper to be submitted with the application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.

AB64,2258 Section 2258. 977.085 (1) (a) of the statutes is amended to read:

AB64,913,12 977.085 (1) (a) Private bar and staff case loads at the trial and appellate levels and expenditures of moneys under s. 20.550 (1) (b) to (d) (a) for the current fiscal year.

AB64,2259 Section 2259. 977.085 (1) (b) of the statutes is amended to read:

AB64,913,16 977.085 (1) (b) Projections for the private bar and staff case loads at the trial and appellate levels and for expenditures of moneys under s. 20.550 (1) (b) to (d) (a) for the remainder of the current fiscal year and for the next fiscal year.

AB64,2260 Section 2260. 977.085 (1m) of the statutes is amended to read:

AB64,913,20 977.085 (1m) The projections under sub. (1) (b) shall include the number of cases projected to be assigned to the private bar and the number of cases for which reimbursement will be made under s. 20.550 (1) (d) (a).

AB64,2261 Section 2261. 977.085 (2) (intro.) of the statutes is amended to read:

AB64,914,2 977.085 (2) (intro.) If the projections under sub. (1) (b) indicate that moneys are being expended under s. 20.550 (1) (d) (a) at a rate which will deplete the appropriation prior to the end of the current fiscal year, the board shall include in the report a plan to address the problem. The plan shall include proposals for one or more of the following:

AB64,2262 Section 2262 . 978.05 (6) (a) of the statutes is amended to read:

AB64,914,16 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 84.062 (8), 89.08, 103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

AB64,2263 Section 2263. 990.09 of the statutes is created to read:

AB64,914,19 990.09 Governmental mailing, publishing, and printing. (1) Definitions. In this section:

AB64,914,20 (a) “Document” does not include any of the following:

AB64,914,21 1. A legal notice specified in s. 985.01 (2) (b) or (c).

AB64,914,23 2. Any of the material that is required to be printed under s. 5.51 (5), 5.66 (2), 6.33 (1), 6.87 (2), 7.10 (1) (c), or 7.15 (2) (b).

AB64,914,24 (b) “Governmental entity” means any of the following:

AB64,915,3 1. An association, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law.

AB64,915,5 2. The office of the governor, the legislature, a council or committee of the legislature, a legislative service agency, a court, or a judicial branch agency.

AB64,915,7 3. An authority created in subch. II of ch. 114 or in ch. 231, 233, 234, 238, or 279.

AB64,915,10 4. A city, village, town, or county; a special purpose district in this state; an agency or corporation of a city, village, town, county, or special purpose district; or a combination or subunit of any of the foregoing.

AB64,915,15 (2) Mailing. Any statute that requires a governmental entity to mail a document shall be construed to allow the governmental entity to satisfy the requirement by electronically mailing the document. This subsection does not apply to a statute that requires a governmental entity to obtain a certificate of mailing from the post office or to use certified or registered mail.

AB64,915,23 (3) Publishing. Any statute that requires a governmental entity to publish a document including a statute requiring publication in a newspaper or specified location or requiring publication both on the Internet and in another form, shall be construed to allow the governmental entity to satisfy the requirement by only publishing the document electronically on its Internet site. If a governmental entity publishes a document electronically on its Internet site as allowed under this subsection, the date on which the governmental entity first publishes the document on its Internet site shall be considered the date of the publication of the document.

AB64,916,3 (4) Printing. Any statute that requires a governmental entity to print a document shall be construed to allow the governmental entity to satisfy the requirement by making the document available to the public on its Internet site.

AB64,2264 Section 2264 . 995.55 (1) (b) of the statutes is amended to read:

AB64,916,9 995.55 (1) (b) “Educational institution" means an institution of higher education, as defined in s. 108.02 (18); a technical college established under s. 38.02; a school, as defined in s. 38.50 440.52 (11) (a) 2.; a public school, as described in s. 115.01 (1); a charter school, as defined in s. 115.001 (1); a private school, as defined in s. 115.001 (3r); or a private educational testing service or administrator.

AB64,2265 Section 2265 . 2013 Wisconsin Act 229, section 6 (1), as last affected by 2015 Wisconsin Act 55, is amended to read:

AB64,916,14 [2013 Wisconsin Act 229] Section 6 (1) This act takes effect on July 1, 2017 September 1, 2019, and first applies to bad debts resulting from sales completed beginning on July 1, 2017 September 1, 2019.

AB64,9101 Section 9101. Nonstatutory provisions; Administration.

AB64,916,16 (1) Elimination of depository selection board.

AB64,916,19 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the depository selection board become the assets and liabilities of the department of administration.

AB64,916,22 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the depository selection board is transferred to the department of administration.

AB64,917,2 (c) Contracts. All contracts entered into by the depository selection board in effect on the effective date of this paragraph remain in effect and are transferred to the department of administration. The department of administration shall carry out all obligations under such a contract unless modified or rescinded by the department of administration to the extent allowed under the contract.

AB64,917,7 (d) Pending matters. Each matter pending with the depository selection board on the effective date of this paragraph is transferred to the department of administration, and all materials submitted to or actions taken by the depository selection board with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB64,917,13 (e) Rules and orders. All rules promulgated by the depository selection board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of administration. All orders issued by the depository selection board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.

AB64,917,15 (2) Transfer of college savings programs duties to the department of financial institutions.

AB64,917,20 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration that are primarily related to the department's performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, become the assets and liabilities of the department of financial institutions.

AB64,917,25 (b) Positions and employees. On the effective date of this paragraph, 2.0 FTE SEG positions, and the incumbent employees holding those positions, in the department of administration responsible for the performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, are transferred to the department of financial institutions.

AB64,918,6 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under chapter 230 of the statutes in the department of financial institutions that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee transferred under paragraph (b ) who has attained permanent status in class is required to serve a probationary period.

AB64,918,11 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to the department's performance of duties under sections 16.64, 16.641, and 16.642 (2), 2015 stats., as determined by the secretary of administration, is transferred to the department of financial institutions.

AB64,918,18 (e) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the department's performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of financial institutions. The department of financial institutions shall carry out any obligations under those contracts unless modified or rescinded by the department of financial institutions to the extent allowed under the contract.

AB64,919,3 (f) Rules and orders. All rules promulgated by the department of administration in effect on the effective date of this paragraph that are primarily related to the department's performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of financial institutions. All orders issued by the department of administration in effect on the effective date of this paragraph that are primarily related to the department's performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of financial institutions.

AB64,919,10 (g) Pending matters. Any matter pending with the department of administration that is primarily related to the department's performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, is transferred to the department of financial institutions. All materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the department of financial institutions.

AB64,919,11 (3) Transfer of mental health services.

AB64,919,15 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration that are primarily related to mental health services, as determined by the secretary of administration, become the assets and liabilities of the department of health services.

AB64,919,19 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to mental health services, as determined by the secretary of administration, is transferred to the department of health services.

AB64,920,2 (c) Contracts. All contracts entered into by the department of administration in effect of the effective date of this paragraph that are primarily related to mental health services, as determined by the secretary of administration, remain in effect and are transferred to the department of health services. The department of health services shall carry out any obligations under those contracts unless modified or rescinded by the department of health services to the extent allowed under the contract.

AB64,920,11 (d) Rules and orders. All rules promulgated by the department of administration in effect on the effective date of this paragraph that are primarily related to mental health services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of health services. All orders issued by the department of administration in effect on the effective date of this paragraph that are primarily related to mental health services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of health services.

AB64,920,18 (e) Pending matters. Any matter pending with the department of administration on the effective date of this paragraph that is primarily related to mental health services, as determined by the secretary of administration, is transferred to the department of health services. All materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the department of health services.

AB64,920,19 (4) Telecommunications relay service.

AB64,920,24 (a) Position transfer. On the effective date of this paragraph, 1.0 FTE PR position, and the incumbent employee holding that position, in the department of administration responsible for administering telecommunications relay service, as determined by the secretary of administration, is transferred to the public service commission.

AB64,921,6 (b) Employee status. The employee transferred under paragraph (a ) has all the rights and the same status under chapter 230 of the statutes in the public service commission that the employee enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, if the employee transferred under paragraph (a ) attained permanent status in class before the transfer, the employee is not required to serve a probationary period.

AB64,921,12 (c) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to telecommunications relay service, as determined by the secretary of administration, remain in effect and are transferred to the public service commission. The public service commission shall carry out any obligations under those contracts unless modified or rescinded by the commission to the extent allowed under the contracts.

AB64,921,16 (d) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to telecommunications relay service, as determined by the secretary of administration, become the assets and liabilities of the public service commission.

AB64,921,20 (e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to telecommunications relay service, as determined by the secretary of administration, is transferred to the public service commission.

AB64,921,25 (5) Facilities study. The department of administration shall study the potential consolidation of state facilities duties in a shared services model throughout the executive branch of state government, and shall include a request relating to that study in its biennial budget request under section 16.42 (1) of the statutes for the 2019-21 fiscal biennium.

AB64,922,1 (6) Elimination of labor and industry review commission; pending matters.

AB64,922,17 (a) Matters before commission on effective date. Notwithstanding the treatment of sections 102.01 (2) (af) and (ag), 102.18 (3) and (4) (b), (c) (intro.), and (d), 102.22 (2) and (3), 102.23 (1) (a) 1. and 2., (b), (c), (d), and (e) 1. and 3., (2), (5), and (6), 102.24 (1) and (2), 102.25 (1) and (2), 102.26 (1), 102.33 (2) (a), (b) (intro.), 1., 2., and 4., (c), and (d) 2., 102.565 (3), 102.61 (2), 102.64 (title) and (3), 102.75 (1), 103.001 (1) and (2), 103.005 (14) (c) and (16), 103.04, 103.06 (1) (a) and (ag) and (6) (c), (d), and (e), 103.545 (6), 106.52 (4) (a) 4., (b) 1., 2., and 3., and (c), 106.56 (4) (a) and (b), 108.02 (1m) and (7), 108.04 (13) (f), 108.09 (4) (f) 2. (intro.) and 3., (5) (b) and (d), (6), (7) (a), (b), (c), (dm), (e), (f), (h), and (i), and (9) (a), 108.095 (6) and (7), 108.10 (2), (3), (4), (6), and (7), 108.14 (2m) and (3m), 108.14 (7) (a) and (22), 108.17 (3m), 108.22 (8) (a) and (c) 2., 108.24 (4), 111.32 (1), (1g), and (2), 111.375 (1), 111.39 (5), 111.395, and 227.52 (7) of the statutes, a review that is before the labor and industry review commission on the effective date of this paragraph shall remain with the labor and industry review commission for disposition as provided in the 2015 statutes until the date on which the commission is eliminated as provided in Section 9401 (3) of this act.

AB64,922,19 (b) Matters subject to review by the commission on effective date; unemployment insurance.

AB64,922,22 1. This paragraph applies to an appeal tribunal decision issued under section 103.06, 2015 stats., or under chapter 108, 2015 stats., to which all of the following apply:

AB64,922,25 a. No petition for review of the appeal tribunal decision has been filed with the labor and industry review commission prior to the effective date of this subdivision 1. a .

AB64,923,4 b. The period for filing a petition for review of the appeal tribunal decision by the labor and industry review commission under section 103.06 (6) (c), 2015 stats., or under section 108.09 (6) (a), 2015 stats., has not expired as of the effective date of this subdivision 1. b.

AB64,923,12 2. Beginning on the effective date of this subdivision, a person may not file a petition for review by the labor and industry review commission of an appeal tribunal decision described in subdivision 1 . Such a person may instead file a petition for review with respect to the matter as provided in section 103.06, as affected by this act, or chapter 108 of the statutes, as affected by this act, except that, notwithstanding sections 103.06 (6) (c) and 108.09 (6) (a) of the statutes, as affected by this act, a petition for review of an appeal tribunal decision described in subdivision 1. may be filed within 21 days after the effective date of this subdivision.

AB64,923,13 (c) Matters subject to judicial review on effective date; unemployment insurance.

AB64,923,16 1. This paragraph applies to a decision of the labor and industry review commission issued under section 103.06, 2015 stats., or under chapter 108, 2015 stats., to which all of the following apply:

AB64,923,18 a. No action for judicial review of the decision has been commenced as of the effective date of this subdivision 1 . a.

AB64,923,22 b. The period for commencing an action for judicial review of the decision of the labor and industry review commission under section 103.06 (6) (d), 2015 stats., or section 108.09 (7) (c) 1., 2015 stats., has not expired as of the effective date of this subdivision 1. b.

AB64,924,2 2. Notwithstanding the treatment of section 103.06 and chapter 108 of the statutes by this act, a person may file an action for judicial review of a decision of the labor and industry review commission described in subdivision 1. as provided under section 103.06, 2015 stats., or chapter 108., 2015 stats., whichever is applicable.

AB64,924,4 (d) Matters subject to review by the commission on effective date; worker's compensation.

AB64,924,7 1. This paragraph applies to a decision issued by a hearing examiner in the division of hearings and appeals under chapter 102, 2015 stats., to which all of the following apply:

AB64,924,9 a. No petition for review of the decision has been filed with the labor and industry review commission prior to the effective date of this subdivision 1. a .

AB64,924,12 b. The period for filing a petition for review of the decision by the labor and industry review commission under section 102.18 (3), 2015 stats., has not expired as of the effective date of this subdivision 1 . b.

AB64,924,19 2. Beginning on the effective date of this subdivision, a person may not file a petition for review by the labor and industry review commission of a decision described in subdivision 1. Such a person may instead file a petition for review with respect to the matter as provided in chapter 102 of the statutes, as affected by this act, except that, notwithstanding section 102.18 (3) of the statutes, as affected by this act, a petition for review of a decision described in subdivision 1. may be filed within 21 days after the effective date of this subdivision.

AB64,924,20 (e) Matters subject to judicial review on effective date; worker's compensation.

AB64,924,22 1. This paragraph applies to a decision of the labor and industry review commission issued under chapter 102, 2015 stats., to which all of the following apply:

AB64,924,24 a. No action for judicial review of the decision has been commenced as of the effective date of this subdivision 1 . a.

AB64,925,3 b. The period for commencing an action for judicial review of the decision of the labor and industry review commission under section 102.23 (1) (a) 2., 2015 stats., has not expired as of the effective date of this subdivision 1. b .

AB64,925,7 2. Notwithstanding the treatment of chapter 102 of the statutes by this act, a person may file an action for judicial review of a decision of the labor and industry review commission described in subdivision 1 . as provided under chapter 102, 2015 stats.

AB64,925,8 (f) Matters subject to review by the commission on effective date; equal rights.

AB64,925,11 1. This paragraph applies to a decision issued by a hearing examiner in the department of workforce development under section 106.52, 2015 stats., section 106.56, 2015 stats., or section 111.39, 2015 stats., to which all of the following apply:

AB64,925,13 a. No petition for review of the decision has been filed with the labor and industry review commission prior to the effective date of this subdivision 1. a .

AB64,925,17 b. The period for filing a petition for review of the decision by the labor and industry review commission under section 106.52 (4) (b), 2015 stats., or section 111.39 (5), 2015 stats., has not expired as of the effective date of this subdivision 1. b.

AB64,925,25 2. Beginning on the effective date of this subdivision, a person may not file a petition for review by the labor and industry review commission of a decision described in subdivision 1. Such a person may instead file a petition for review with respect to the matter as provided in section 106.52, 106.56, or 111.395 of the statutes, as affected by this act, except that, notwithstanding section 106.52 (4) (b) 4. of the statutes and section 111.39 (5) (b) of the statutes, as affected by this act, a petition for review of a decision described in subdivision 1 . may be filed within 21 days after the effective date of this subdivision.

AB64,926,1 (g) Matters subject to judicial review on effective date; equal rights.

AB64,926,4 1. This paragraph applies to a decision of the labor and industry review commission issued under section 106.52 (4) (b), 2015 stats., or section 111.39 (5), 2015 stats., to which all of the following apply:

AB64,926,6 a. No action for judicial review of the decision has been commenced as of the effective date of this subdivision 1 . a.

AB64,926,10 b. The period for commencing an action for judicial review of the decision of the labor and industry review commission under section 106.52 (4) (c) of the statutes, as affected by this act, or section 227.53 (1) (a) of the statutes, has not expired as of the effective date of this subdivision 1 . b.

AB64,926,15 2. Notwithstanding the treatment of sections 106.52, 106.56, and 111.39 of the statutes by this act, a person may file an action for judicial review of a decision of the labor and industry review commission described in subdivision 1. as provided under section 106.52, 2015 stats., section 106.56, 2015 stats., or section 111.39, 2015 stats., whichever is applicable.

AB64,927,5 (h) Emergency rules; department of workforce development. Using the procedure under section 227.24 of the statutes, the department of workforce development may promulgate emergency rules under sections 106.52 (2), 108.09 (6) (e), and 111.375 (1) of the statutes as needed to provide for review of administrative decisions under sections 103.06, 106.52, and 106.54 and subchapter II of chapter 111 and chapter 108 of the statutes, as affected by this act. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this paragraph remain in effect for 2 years after the date they become effective, or until the date on which permanent rules take effect, whichever is sooner, and the effective period may not be further extended under section 227.24 (2) of the statutes.