AB64: Bill Text

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.

AB64,927,18 (i) Emergency rules; division of hearings and appeals. Using the procedure under section 227.24 of the statutes, the division of hearings and appeals may promulgate emergency rules under section 102.15 (1) of the statutes as needed to provide for review of administrative decisions under chapter 102 of the statutes, as affected by this act. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the division 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.

AB64,927,20 (7) Elimination of labor and industry review commission; transfers and other matters.

AB64,927,21 (a) Unemployment insurance.

AB64,928,2 1. `Assets and liabilities.' On the effective date of this subdivision, the assets and liabilities of the labor and industry review commission primarily related to matters under section 103.06 or chapter 108 of the statutes, as determined by the secretary of administration, become assets and liabilities of the department of workforce development.

AB64,928,7 2. `Tangible personal property.' On the effective date of this subdivision, all tangible personal property, including records, of the labor and industry review commission that is primarily related to matters under section 103.06 or chapter 108 of the statutes, as determined by the secretary of administration, is transferred to the department of workforce development.

AB64,928,14 3. `Contracts.' All contracts entered into by the labor and industry review commission in effect on the effective date of this subdivision that are primarily related to matters under section 103.06 or chapter 108 of the statutes remain in effect and are transferred to the department of workforce development. The department of workforce development shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of workforce development to the extent allowed under the contract.

AB64,928,19 4. `Orders.' All orders issued by the labor and industry review commission related to matters under section 103.06 or chapter 108 of the statutes that are in effect on the effective date of this subdivision remain in effect until their specified expiration date or until modified or rescinded by the department of workforce development.

AB64,929,2 5. `Pending matters.' Any matter pending with the labor and industry review commission on the effective date of this subdivision related to matters under section 103.06 or chapter 108 of the statutes is transferred to the department of workforce development for assignment to the appropriate division administrator and all materials submitted to or actions taken by the labor and industry review commission with respect to the pending matter are considered as having been submitted to or taken by that division administrator.

AB64,929,3 (b) Worker's compensation.

AB64,929,7 1. `Assets and liabilities.' On the effective date of this subdivision, the assets and liabilities of the labor and industry review commission primarily related to matters under chapter 102 of the statutes, as determined by the secretary of administration, become assets and liabilities of the department of administration.

AB64,929,12 2. `Tangible personal property.' On the effective date of this subdivision, all tangible personal property, including records, of the labor and industry review commission that is primarily related to matters under chapter 102 of the statutes, as determined by the secretary of administration, is transferred to the department of administration.

AB64,929,19 3. `Contracts.' All contracts entered into by the labor and industry review commission in effect on the effective date of this subdivision that are primarily related to matters under chapter 102 of the statutes remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

AB64,929,23 4. `Orders.' All orders issued by the labor and industry review commission that are in effect on the effective date of this subdivision remain in effect until their specified expiration date or until modified or rescinded by the department of administration.

AB64,930,4 5. `Pending matters.' Any matter pending with the labor and industry review commission on the effective date of this subdivision related to matters under chapter 102 of the statutes is transferred to the administrator of the division of hearings and appeals and all materials submitted to or actions taken by the labor and industry review commission with respect to the pending matter are considered as having been submitted to or taken by the administrator of the division of hearings and appeals.

AB64,930,5 (c) Equal rights.

AB64,930,10 1. `Assets and liabilities.' On the effective date of this subdivision, the assets and liabilities of the labor and industry review commission primarily related to matters under subchapter III of chapter 106 of the statutes and subchapter II of chapter 111 of the statutes, as determined by the secretary of administration, become assets and liabilities of the department of workforce development.

AB64,930,16 2. `Tangible personal property.' On the effective date of this subdivision, all tangible personal property, including records, of the labor and industry review commission that is primarily related to matters under subchapter III of chapter 106 of the statutes and subchapter II of chapter 111 of the statutes, as determined by the secretary of administration, is transferred to the department of workforce development.

AB64,930,24 3. `Contracts.' All contracts entered into by the labor and industry review commission in effect on the effective date of this subdivision that are primarily related to matters under subchapter III of chapter 106 of the statutes and subchapter II of chapter 111 of the statutes remain in effect and are transferred to the department of workforce development. The department of workforce development shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of workforce development to the extent allowed under the contract.

AB64,931,4 4. `Orders.' All orders issued by the labor and industry review commission that are in effect on the effective date of this subdivision remain in effect until their specified expiration date or until modified or rescinded by the department of workforce development.

AB64,931,12 5. `Pending matters.' Any matter pending with the labor and industry review commission on the effective date of this subdivision related to matters under subchapter III of chapter 106 of the statutes and subchapter II of chapter 111 of the statutes is transferred to the department of workforce development for assignment to the appropriate division administrator and all materials submitted to or actions taken by the labor and industry review commission with respect to the pending matter are considered as having been submitted to or taken by that division administrator.

AB64,931,25 (8) Compensation reserve lapse. If the group insurance board executes a contract to provide self-insured group health plans on a regional or statewide basis to state employees for the 2018 and 2019 calendar years, other than a plan under section 40.52 (1) of the statutes, the secretary of administration shall calculate the general purpose revenue savings in the 2017-18 and 2018-19 fiscal years for state agencies, other than the Board of Regents of the University of Wisconsin System, for providing these plans on a self-insured basis. The secretary shall reduce the estimated general purpose revenue expenditures for “Compensation Reserves” shown in the schedule under section 20.005 (1) of the statutes by an amount equal to the state agency savings. The secretary shall then lapse to the general fund during the 2017-18 and 2018-19 fiscal years, from general purpose revenue appropriations made to fund the estimated expenditures for “Compensation Reserves,” an amount equal to the state agency savings.

AB64,932,1 (9) Human resources services.

AB64,932,3 (a) Definition. In this subsection, “shared services agency” has the meaning given in section 16.004 (20) (a) of the statutes.

AB64,932,7 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of a shared services agency that relate to human resources services and payroll and benefit services, as determined by the secretary of administration, become the assets and liabilities of the department of administration.

AB64,932,8 (c) Positions and employees.

AB64,932,13 1. On the effective date of this subdivision, all FTE positions in a shared services agency relating to human resources services and payroll and benefit services, as determined by the secretary of administration, and the incumbent employees holding those positions, are transferred to the department of administration.

AB64,932,19 2. Employees transferred under subdivision 1. have all the rights and the same status under chapter 230 of the statutes in the department of administration that they enjoyed in the shared services agency immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee transferred under subdivision 1. who has attained permanent status in class is required to serve a probationary period.

AB64,932,23 (d) Personal property. On the effective date of this paragraph, all tangible personal property, including records, of a shared services agency that relate to human resources services and payroll and benefit services, as determined by the secretary of administration, are transferred to the department of administration.

AB64,933,3 (e) Contracts. All contracts entered into by a shared services agency in effect on the effective date of this paragraph that are primarily related to human resources services and payroll and benefit services, as determined by the secretary of administration, remain in effect and are transferred to the department of administration.

AB64,933,8 (10) Youth wellness center; tribal payment. From the appropriation account under section 20.505 (8) (hm) of the statutes, the department of administration shall pay $100,000 in each fiscal year of the 2017-19 fiscal biennium to American Indian tribes for performing a feasibility study for the creation of a youth wellness center and for developing a business plan for the creation of the youth wellness center.

AB64,9102 Section 9102. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

AB64,933,11 (1) Elimination of bioenergy council.

AB64,933,14 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the bioenergy council become the assets and liabilities of the department of agriculture, trade and consumer protection.

AB64,933,20 (b) Contracts. All contracts entered into by the bioenergy council in effect on the effective date of this paragraph 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 all obligations under such a contract unless modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.

AB64,933,23 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the bioenergy council is transferred to the department of agriculture, trade and consumer protection.

AB64,934,11 (2) Professional assistance procedures; emergency rules. The veterinary examining board may use the procedure under section 227.24 of the statutes to promulgate rules under section 89.03 (3) of the statutes for the period before the effective date of the permanent rule promulgated under section 89.03 (3) of the statutes but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to one extension of 60 days under section 227.24 (2) of the statutes. If the board uses this procedure to promulgate these rules, the board shall promulgate the rules no later than the 60th day after the effective date of this subsection. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the board is not required to provide evidence that promulgating a rule under this subsection 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 subsection.

AB64,934,12 (3) Transition period.

AB64,934,15 (a) Notwithstanding the annual period for a license specified in section 94.64 (3) of the statutes, a license issued on or after August 15, 2017, and before October 1, 2017, shall expire on September 30, 2018.

AB64,934,18 (b) Notwithstanding the annual period for a license specified in section 94.65 (2) of the statutes, a license issued on or after April 1, 2017, and before October 1, 2017, shall expire on September 30, 2018.

AB64,934,21 (c) Notwithstanding the annual reporting period for a permit specified in section 94.65 (6) (a) of the statutes, the reporting period for a permit issued on or after April 1, 2017, and before October 1, 2017, shall be January 1, 2017, to June 30, 2018.

AB64,9103 Section 9103. Nonstatutory provisions; Arts Board.

AB64,9104 Section 9104. Nonstatutory provisions; Building Commission.

AB64,9105 Section 9105. Nonstatutory provisions; Child Abuse and Neglect Prevention Board.

AB64,9106 Section 9106. Nonstatutory provisions; Children and Families.

AB64,935,9 (1) Emergency rules . Using the procedure under section 227.24 of the statutes, the department of children and families may promulgate the rules required under sections 48.685 (9) and 48.686 (8) of the statutes as emergency rules. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of children and families is not required to provide evidence that promulgating a rule under this subsection 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 subsection.

AB64,935,10 (2) Wisconsin Works controlled substance screening and testing.

AB64,935,20 (a) Using the procedure under section 227.24 of the statutes, the department of children and families may promulgate the rules required under section 49.162 (7) of the statutes for the period before the effective date of the permanent rule promulgated under section 49.162 (7) of the statutes 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 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.

AB64,935,24 (b) The department of children and families shall present the statement of scope of any emergency rules promulgated under paragraph (a) to the governor for approval under section 227.135 (2) of the statutes no later than the 120th day after the effective date of this paragraph.

AB64,9107 Section 9107. Nonstatutory provisions; Circuit Courts.

AB64,9108 Section 9108. Nonstatutory provisions; Corrections.

AB64,936,2 (1) Transfer of parole commission.

AB64,936,3 (a) Definitions. In this subsection:

AB64,936,4 1. “Commission” means the parole commission.

AB64,936,5 2. “Department” means the department of corrections.

AB64,936,7 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the commission become the assets and liabilities of the department.

AB64,936,10 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the commission is transferred to the department.

AB64,936,15 (d) Contracts. All contracts entered into by the commission in effect on the effective date of this paragraph remain in effect and are transferred to the department. The department shall carry out any obligations under those contracts unless modified or rescinded by the department to the extent allowed under the contract.

AB64,937,4 (e) Rules and orders. All rules promulgated by the commission 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. All orders issued by the commission 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. The department may promulgate emergency rules under section 227.24 of the statutes to implement the transfer of commission responsibilities to the department for the period before the effective date of permanent rules 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 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.

AB64,937,8 (f) Pending matters. Any matter pending with the commission on the effective date of this paragraph is transferred to the department. All materials submitted to or actions taken by the commission with respect to the pending matter are considered as having been submitted to or taken by the department.

AB64,9109 Section 9109. Nonstatutory provisions; Court of Appeals.

AB64,9110 Section 9110. Nonstatutory provisions; District Attorneys.

AB64,9111 Section 9111. Nonstatutory provisions; Educational Approval Board.

AB64,937,12 (1) Elimination of educational approval board and transfer of functions.

AB64,937,14 (a) Definition. In this subsection, “board” means the educational approval board.

AB64,937,17 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the board become the assets and liabilities of the department of safety and professional services.

AB64,937,20 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the board is transferred to the department of safety and professional services.

AB64,937,25 (d) Contracts. All contracts entered into by the board in effect on the effective date of this paragraph remain in effect and are transferred to the department of safety and professional services. The department of safety and professional services shall carry out any obligations under those contracts unless modified or rescinded by the department to the extent allowed under the contract.

AB64,938,1 (e) Rules and orders.