AB163: Bill Text

AB163,144,12 (g) Rules and orders. All rules promulgated by the department of administration primarily related to disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications, as determined by the secretary of administration, 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on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of financial institutions and professional standards. All orders issued by the department of administration primarily related to disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications, as determined by the secretary of administration, 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on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of financial institutions and professional standards.

AB163,144,14 (2) Transfer of small business regulatory review board and office of business development.

AB163,144,19 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the small business regulatory review board and the office of business development, as determined by the secretary of administration, become the assets and liabilities of the department of financial institutions and professional standards.

AB163,144,24 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration primarily related to the small business regulatory review board and the office of business development, as determined by the secretary of administration, is transferred to the department of financial institutions and professional standards.

AB163,145,8 (c) Pending matters. Any matter pending with the department of administration on the effective date of this paragraph that is primarily related to the small business regulatory review board and the office of business development, as determined by the secretary of administration, is transferred to the department of financial institutions and professional standards. 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 and professional standards.

AB163,145,16 (d) 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 small business regulatory review board and the office of business development, as determined by the secretary of administration, remain in effect and are transferred to the department of financial institutions and professional standards. The department of financial institutions and professional standards shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

AB163,9114 Section 9114. Nonstatutory provisions; Financial Institutions.

AB163,145,18 (1) Merger with other agencies; name changes.

AB163,145,19 (a) Agency name change.

AB163,145,22 1. Wherever the term "department of financial institutions" appears in the statutes, as affected by the acts of 2015, the term "department of financial institutions and professional standards" is substituted.

AB163,145,25 2. Wherever the term "secretary of financial institutions" appears in the statutes, as affected by the acts of 2015, the term "secretary of financial institutions and professional standards" is substituted.

AB163,146,1 (b) Elimination of division of securities.

AB163,146,5 1. Wherever the term "division of securities" or "division" appears in chapters 551, 552, and 553 of the statutes, as affected by the acts of 2015, the term "department" is substituted, except in sections 551.202 (26) (h) and (i) and 552.03 (1) (e) of the statutes.

AB163,146,7 2. Wherever the term "division's" appears in ch. 553 of the statutes, as affected by the acts of 2015, the term "department's" is substituted.

AB163,146,8 (c) Elimination of division of banking.

AB163,146,12 1. Wherever the term "division of banking" appears in chapters 34, 138, and 227, subchapter I of chapter 218, and sections 214.592 and 215.141 of the statutes, as affected by the acts of 2015, the term "department of financial institutions and professional standards" is substituted.

AB163,146,16 2. Wherever the term "division" appears in chapters 214, 215, and 217, subchapters II, III, and IV of chapter 218, and sections 138.09, 138.12, 138.14, and 138.16 of the statutes, as affected by the acts of 2015, the term "department" is substituted.

AB163,146,19 3. Wherever the term "division" or "division of banking" appears in chapters 220, 221, 222, 223, and 224 of the statutes, as affected by the acts of 2015, the term "department" is substituted, except in section 224.77 (1m) (b) of the statutes.

AB163,146,22 4. Wherever the term "division's" appears in chs. 138, 214, 215, 217, 218, 220, 221, 222, 223, and 224 of the statutes, as affected by the acts of 2015, the term "department's" is substituted.

AB163,146,23 (2) Elimination of the department of financial institutions.

AB163,147,3 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of financial institutions become the assets and liabilities of the department of financial institutions and professional standards.

AB163,147,8 (b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees in the classified service of the state civil service holding those positions in the department of financial institutions, as determined by the secretary of administration, are transferred to the department of financial institutions and professional standards.

AB163,147,15 (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 and professional standards or department of administration, whichever is appropriate, that they enjoyed in the department of financial institutions immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB163,147,19 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of financial institutions is transferred to the department of financial institutions and professional standards.

AB163,147,25 (e) Pending matters. Any matter pending with the department of financial institutions on the effective date of this paragraph is transferred to the department of financial institutions and professional standards. All materials submitted to or actions taken by the department of financial institutions are considered as having been submitted to or taken by the department of financial institutions and professional standards.

AB163,148,6 (f) Contracts. All contracts entered into by the department of financial institutions in effect on the effective date of this paragraph remain in effect and are transferred to the department of financial institutions and professional standards. The department of financial institutions and professional standards shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

AB163,148,13 (g) Rules and orders. All rules promulgated by the department of financial institutions 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 financial institutions and professional standards. All orders issued by the department of financial institutions 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 financial institutions and professional standards.

AB163,9118 Section 9118. Nonstatutory provisions; Health Services.

AB163,148,16 (1) Transfer of body art and tanning facility regulation functions to the department of financial institutions and professional standards.

AB163,148,21 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., become the assets and liabilities of the department of financial institutions and professional standards.

AB163,149,2 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., as determined by the secretary of administration, is transferred to the department of financial institutions and professional standards.

AB163,149,11 (c) Pending matters. Any matter pending with the department of health services that is primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., on the effective date of this paragraph is transferred to the department of financial institutions and professional standards. All materials submitted to or actions taken by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., are considered as having been submitted to or taken by the department of financial institutions and professional standards.

AB163,149,19 (d) Contracts. All contracts entered into by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., in effect on the effective date of this paragraph remain in effect and are transferred to the department of financial institutions and professional standards. The department of financial institutions and professional standards shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

AB163,150,6 (e) Rules and orders. All rules in chapters DHS 161 and DHS 173, Wisconsin Administrative Code, and any other rules promulgated by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., 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 financial institutions and professional standards. All orders issued by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., 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 financial institutions and professional standards.

AB163,150,10 (f) Credential fees. Notwithstanding ss. 463.10 (3), 463.12 (3), and 463.25 (2) (b), fees for the issuance and renewal of licenses and permits issued under ss. 463.10, 463.12, and 463.25 shall, for years 2015 and 2016, be according to the rules described under paragraph (e).

AB163,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.

AB163,150,14 (1) Agency name change. Wherever the term "safety and professional services" appears in the statutes, as affected by the acts of 2015, the term "financial institutions and professional standards" is substituted.

AB163,150,15 (2) Elimination of the department of safety and professional services.

AB163,150,19 (a) Assets and liabilities. Except as provided in subsections (3) and (4), on the effective date of this paragraph, the assets and liabilities of the department of safety and professional services become the assets and liabilities of the department of financial institutions and professional standards.

AB163,151,2 (b) Positions and employees. Except as provided in subsections (3 ) and (4), on the effective date of this paragraph, all positions and all incumbent employees in the classified service of the state civil service holding those positions in the department of safety and professional services, as determined by the secretary of administration, are transferred to the department of financial institutions and professional standards.

AB163,151,8 (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 and professional standards that they enjoyed in the department of safety and professional services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB163,151,12 (d) Tangible personal property. Except as provided in subsections (3) and (4), on the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services is transferred to the department of financial institutions and professional standards.

AB163,151,19 (e) Pending matters. Except as provided in subsections (3 ) and (4), any matter pending with the department of safety and professional services on the effective date of this paragraph is transferred to the department of financial institutions and professional standards. Except as provided in subsections (3) and (4), all materials submitted to or actions taken by the department of safety and professional services are considered as having been submitted to or taken by the department of financial institutions and professional standards.

AB163,152,2 (f) Contracts. Except as provided in subsections (3 ) and (4), all contracts entered into by the department of safety and professional services in effect on the effective date of this paragraph remain in effect and are transferred to the department of financial institutions and professional standards. The department of financial institutions and professional standards shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

AB163,152,11 (g) Rules and orders. Except as provided in subsections (3 ) and (4), all rules promulgated by the department of safety and professional services 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 financial institutions and professional standards. Except as provided in subsections (3) and (4), all orders issued by the department of safety and professional services 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 financial institutions and professional standards.

AB163,152,12 (3) Transfer of private on-site wastewater treatment systems.

AB163,152,17 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services that are primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, become the assets and liabilities of the department of natural resources.

AB163,152,23 (b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees in the classified service of the state civil service holding those positions in the department of safety and professional services with duties that are primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, are transferred to the department of natural resources.

AB163,153,4 (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 natural resources that they enjoyed in the department of safety and professional services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB163,153,9 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services that are primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, is transferred to the department of natural resources.

AB163,153,18 (e) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that is primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, is transferred to the department of natural resources. All materials submitted to or actions taken by the department of safety and professional services that are primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, are considered as having been submitted to or taken by the department of natural resources.

AB163,153,25 (f) Contracts. All contracts entered into by the department of safety and professional services in effect on the effective date of this paragraph that are primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, remain in effect and are transferred to the department of natural resources. The department of natural resources shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

AB163,154,10 (g) Rules and orders. All rules promulgated by the department of safety and professional services in effect on the effective date of this paragraph that relate to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of natural resources. All orders issued by the department of safety and professional services in effect on the effective date of this paragraph that relate to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of natural resources.

AB163,154,11 (4) Transfer of veterinary examining board.

AB163,154,16 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, shall become the assets and liabilities of the department of agriculture, trade and consumer protection.

AB163,154,21 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services that is primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, is transferred to the department of agriculture, trade, and consumer protection.

AB163,155,4 (c) Contracts. All contracts entered into by the department of safety and professional services in effect on the effective date of this paragraph that are primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, remain in effect and are transferred to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.

AB163,155,12 (d) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that is primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, is transferred to the department of agriculture, trade and consumer protection and all materials submitted to or actions taken by the department of safety and professional services with respect to the pending matters are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.

AB163,155,18 (e) Fees. All fees for initial licenses, certifications, and other credentials, and for renewals of those licenses, certifications, and other credentials, under chapter 453 of the statutes that are in effect on the day before the effective date of this paragraph shall remain in effect until modified by the department of agriculture, trade and consumer protection under section 89.063 of the statutes, as created by this act.

AB163,9143 Section 9143. Nonstatutory provisions; Technical College System.

AB163,155,20 (1) Elimination of educational approval board and transfer of functions.

AB163,156,2 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the educational approval board, other than those related to consumer protection functions, as determined by the secretary of administration, become the assets and liabilities of the department of financial institutions and professional standards. The assets and liabilities of the educational approval board related to consumer protection functions become the assets and liabilities of the department of agriculture, trade and consumer protection.

AB163,156,8 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the educational approval board, other than property related to consumer protection functions, as determined by the secretary of administration, is transferred to the department of financial institutions and professional standards. Property related to consumer protection functions is transferred to the department of agriculture, trade and consumer protection.

AB163,156,17 (c) Pending matters. Any matter pending with the educational approval board on the effective date of this paragraph, other than one related to the board's consumer protection functions, as determined by the secretary of administration, is transferred to the department of financial institutions and professional standards. Any matter related to the board's consumer protection functions is transferred to the department of agriculture, trade and consumer protection. All materials submitted to or actions taken by the board are considered as having been submitted to or taken by the department of financial institutions and professional standards or the department of agriculture, trade and consumer protection, as applicable.

AB163,157,2 (d) Contracts. All contracts entered into by the educational approval board in effect on the effective date of this paragraph remain in effect and are transferred to the department of financial institutions and professional standards, except that those related to the board's consumer protection functions are transferred to the department of agriculture, trade and consumer protection. The department of financial institutions and professional standards or the department of agriculture, trade and consumer protection, as applicable, shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

AB163,157,3 (e) Rules and orders.

AB163,157,11 1. All rules promulgated by the educational approval board in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the department of financial institutions and professional standards or the department of agriculture, trade and consumer protection, as applicable. The secretary of administration shall determine which rules of the board become those of the department of financial institutions and professional standards and which rules become those of the department of agriculture, trade and consumer protection.

AB163,157,19 2. All orders issued by the educational approval board in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until modified or rescinded by the department of financial institutions and professional standards or the department of agriculture, trade and consumer protection, as applicable. The secretary of administration shall determine which orders of the board become those of the department of financial institutions and professional standards and which orders become those of the department of agriculture, trade and consumer protection.

AB163,157,25 (f) Secretary to resolve transition disagreements. In the case of disagreement among or between the educational approval board, the department of financial institutions and professional standards, and the department of agriculture, trade and consumer protection with respect to any matter specified in this subsection, the secretary of administration shall determine the matter and shall develop a plan for an orderly transfer.

AB163,158,1 (g) Emergency rule-making exemptions.

AB163,158,14 1. Using the procedure under section 227.24 of the statutes, the department of financial institutions and professional standards may promulgate rules required under section 440.52 (3) of the statutes, as affected by this act, and section 440.52 (7m) (c) of the statutes, as created by this act, for the period before the effective date of a permanent rule promulgated under section 440.52 (3) of the statutes, as affected by this act, and section 440.52 (7m) (c) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subdivision 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 subdivision.

AB163,158,25 2. Using the procedure under section 227.24 of the statutes, the department of agriculture, trade and consumer protection may promulgate rules authorized under section 100.67 (3) of the statutes, as affected by this act, for the period before the effective date of a permanent rule promulgated under section 100.67 (3) of the statutes, as affected by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subdivision 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 subdivision.

AB163,9152 Section 9152. Nonstatutory provisions; Other.

AB163,159,10 (1) Consolidation transition. Once the secretary of administration determines that all of the preparations have been made that are necessary for the creation of the department of financial institutions and professional standards and that are necessary to implement all of the other changes to the laws contained in this act, the secretary of administration may provide a notice stating that determination to the president of the senate and the speaker of the assembly. The secretary of administration shall provide a copy of the notice to the legislative reference bureau, and the legislative reference bureau shall promptly publish the notice in the Wisconsin Administrative Register.

AB163,9214 Section 9214. Fiscal changes; Financial Institutions.

AB163,159,19 (1) Gifts and grants. There is transferred from the appropriation account under section 20.142 (2) (h) of the statutes, as affected by this act, to the appropriation account under section 20.142 (1) (gm) of the statutes, as affected by this act, all moneys, in the amount determined by the secretary of administration, received from gifts, grants, and bequests that have been credited to the appropriation account under section 20.142 (2) (h) of the statutes, as affected by this act, and that have not been expended or encumbered on or before the effective date of this subsection.

AB163,9238 Section 9238. Fiscal changes; Safety and Professional Services.

AB163,159,24 (1) Gifts and grants transfer. The unencumbered balance in the appropriation account under section 20.165 (2) (g), 2013 stats., is transferred to the appropriation account under section 20.142 (1) (gm) of the statutes, as affected by this act.

AB163,160,5 (2) Transfer of credentialing fees. The unencumbered balance in the appropriation account under section 20.165 (1) (g) of the statutes that is primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, is transferred to the appropriation account under section 20.115 (2) (jm) of the statutes, as created by this act.

AB163,9243 Section 9243. Fiscal changes; Technical College System.

AB163,160,7 (1) Transfers from educational approval board.

AB163,160,12 (a) On the effective date of this paragraph, the unencumbered balances in the appropriation accounts under section 20.292 (2) (g), 2013 stats., section 20.292 (2) (gm), 2013 stats., and section 20.292 (2) (i), 2013 stats., immediately before the effective date of this paragraph, are transferred to the appropriation account under section 20.142 (3) (g) of the statutes, as affected by this act.

AB163,160,18 (b) After the effective date of this paragraph but no later than January 31, 2016, the secretary of administration shall transfer the unencumbered balance in the appropriation account under section 20.142 (3) (g) of the statutes, as affected by this act, related to consumer protection functions under section 100.67 of the statutes, as created by this act, as determined by the secretary of administration, to the appropriation account under section 20.115 (8) (ks) of the statutes.

AB163,9338 Section 9338. Initial applicability; Safety and Professional Services.

AB163,160,21 (1) The treatment of section 440.92 (2) (d) of the statutes first applies to a preneed sales contract entered into on the effective date of this subsection.

AB163,9400 Section 9400. Effective dates; General.

AB163,160,25 (1) Except as provided in Section 9452 of this act, this act takes effect on the 30th day after the date of publication of the notice under Section 9152 (1) of this act or on January 1, 2016, whichever is earlier.

AB163,9452 Section 9452. Effective dates; Other.

AB163,161,3 (1) Except as provided in subsection (2), if the date of publication of this act is on or after January 1, 2016, this act takes effect on the day after publication.