AB64: Bill Text

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 The department shall carry out any obligations under those contracts unless modified or rescinded by the department to the extent allowed under the contract.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on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department.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on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department.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.

AB64,938,4 1. All rules promulgated by the 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 safety and professional services.

AB64,938,7 2. All orders issued by the 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 safety and professional services.

AB64,938,12 (f) Pending matters. Any matter pending with the board on the effective date of this paragraph is transferred to the department of safety and professional services. All materials submitted to or actions taken by the board are considered as having been submitted to or taken by the department of safety and professional services.

AB64,9112 Section 9112. Nonstatutory provisions; Educational Communications Board.

AB64,9113 Section 9113. Nonstatutory provisions; Elections Commission.

AB64,938,25 (1) Depletion of federal Help America Vote Act funding for eligible election administration costs. During fiscal year 2018-19, the elections commission shall spend all available funds in the appropriation account under section 20.510 (1) (x) of the statutes prior to spending any funds appropriated to the elections commission under section 20.510 (1) (a) of the statutes for the purpose of replacing election administration funding received from the federal government under the federal Help America Vote Act, Public Law 107-252. The elections commission may spend moneys appropriated under section 20.510 (1) (x) of the statutes only on election administration costs permissible under the federal Help America Vote Act, Public Law 107-252.

AB64,9114 Section 9114. Nonstatutory provisions; Employee Trust Funds.

AB64,9115 Section 9115. Nonstatutory provisions; Employment Relations Commission.

AB64,939,6 (1) Elimination of offices of commissioner. On the effective date of this subsection, the 3 offices of commissioner at the Employment Relations Commission are eliminated.

AB64,9116 Section 9116. Nonstatutory provisions; Ethics Commission.

AB64,9117 Section 9117. Nonstatutory provisions; Financial Institutions.

AB64,9118 Section 9118. Nonstatutory provisions; Governor.

AB64,9119 Section 9119. Nonstatutory provisions; Health and Educational Facilities Authority.

AB64,9120 Section 9120. Nonstatutory provisions; Health Services.

AB64,939,23 (1) Emergency rules on youth crisis stabilization facilities. The department of health services may promulgate emergency rules under section 227.24 of the statutes implementing certification of youth crisis stabilization facilities under section 51.042 of the statutes. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department of health services 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. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2019, or the date on which permanent rules take effect, whichever is sooner.

AB64,940,3 (2) FoodShare employment and training program requirement. The department of health services may implement a requirement for individuals to participate in the food stamp program's employment and training program under section 49.79 (9) of the statutes in certain areas of the state, as determined by the department of health services.

AB64,9121 Section 9121. Nonstatutory provisions; Higher Educational Aids Board.

AB64,9122 Section 9122. Nonstatutory provisions; Historical Society

AB64,940,7 (1) Circus world museum.

AB64,940,8 (a) Definitions. In this subsection:

AB64,940,9 1. “Foundation” means the Circus World Museum Foundation, Inc.

AB64,940,11 2. “Lease termination date” means the termination date of the lease agreement that is specified in section 44.16 (3) of the statutes.

AB64,940,17 (b) Employees. If a lease agreement under section 44.16 (1) of the statutes is in effect on the effective date of this paragraph, the historical society shall offer employment to each individual who is employed by the foundation on the lease termination date, but only if vacant authorized or limited term positions are available for the individuals to fill and the historical society has funding for the positions.

AB64,940,24 (c) Contracts. If a lease agreement under section 44.16 (1) of the statutes is in effect on the effective date of this paragraph, all contracts entered into by the foundation that are in effect on the lease termination date remain in effect and are transferred to the historical society on the lease termination date. The historical society shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the historical society to the extent allowed under the contract.

AB64,9123 Section 9123. Nonstatutory provisions; Housing and Economic Development Authority.

AB64,941,10 (1) Pilot program for chronically homeless individuals and families. The Wisconsin Housing and Economic Development Authority may develop policies and procedures for and implement a 2-year pilot program that gives priority to chronically homeless individuals and families on the waiting list that the authority, or a public housing agency that contracts with the authority, maintains for vouchers under the federal Housing Choice Voucher Program. The authority may provide case management services to each chronically homeless individual or family who receives a voucher after being prioritized on the waiting list.

AB64,941,12 (2) Pilot program concerning work requirements under the housing choice voucher program.

AB64,941,16 (a) Request for approval. The Wisconsin Housing and Economic Development Authority may request approval, if necessary, from the federal department of housing and urban development for the purpose of implementing the pilot program under paragraph (b).

AB64,941,24 (b) Employment requirement pilot program. The Wisconsin Housing and Economic Development Authority may, to the extent approved under paragraph (a), develop policies and procedures for and implement a pilot program that requires certain able-bodied adults, as determined by the authority, who receive a voucher under the federal Housing Choice Voucher Program to satisfy certain employment, training, and self-sufficiency requirements as specified in the policies and procedures. The authority may coordinate with state agencies that provide similar services to minimize duplication.

AB64,942,7 (3) Self-sufficiency services. The Wisconsin Housing and Economic Development Authority may develop policies and procedures for and implement a program to provide self-sufficiency services to recipients of vouchers under the federal Housing Choice Voucher Program. The authority may implement this program in partnership with public housing agencies, state agencies, and other governmental or nongovernmental organizations that contract with the authority to administer the federal Housing Choice Voucher Program.

AB64,9124 Section 9124. Nonstatutory provisions; Insurance.

AB64,942,9 (1) Transfer of information technology functions.

AB64,942,14 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of the commissioner of insurance that are primarily related to information technology functions, as determined by the secretary of administration, become the assets and liabilities of the division of enterprise technology in the department of administration.

AB64,942,20 (b) Positions and employees. On the effective date of this paragraph, 14.5 FTE positions and the incumbent employees holding those positions in the office of the commissioner of insurance who are performing duties that are primarily related to information technology functions, as determined by the secretary of administration, are transferred to the division of enterprise technology in the department of administration.

AB64,943,2 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under chapter 230 of the statutes in the division of enterprise technology in the department of administration that they enjoyed in the office of the commissioner of insurance 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.

AB64,943,7 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of the commissioner of insurance that is primarily related to information technology functions, as determined by the secretary of administration, is transferred to the division of enterprise technology in the department of administration.

AB64,943,15 (e) Contracts. All contracts entered into by the office of the commissioner of insurance in effect on the effective date of this paragraph that are primarily related to information technology functions, as determined by the secretary of administration, remain in effect and are transferred to the division of enterprise technology in the department of administration. The division of enterprise technology in the department of administration shall carry out any obligations under those contracts unless modified or rescinded by the division of enterprise technology in the department of administration to the extent allowed under the contract.

AB64,943,24 (f) Rules and orders. All rules promulgated by the office of the commissioner of insurance in effect on the effective date of this paragraph that are primarily related to information technology functions remain in effect until their specified expiration dates or until amended or repealed by the division of enterprise technology in the department of administration. All orders issued by the office of the commissioner of insurance in effect on the effective date of this paragraph that are primarily related to information technology functions remain in effect until their specified expiration dates or until modified or rescinded by the division of enterprise technology in the department of administration.

AB64,944,8 (g) Pending matters. Any matter pending with the office of the commissioner of insurance on the effective date of this paragraph that is primarily related to information technology functions, as determined by the secretary of administration, is transferred to the division of enterprise technology in the department of administration. All materials submitted to or actions taken by the office of the commissioner of insurance with respect to the pending matter are considered as having been submitted to or taken by the division of enterprise technology in the department of administration.

AB64,9125 Section 9125. Nonstatutory provisions; Investment Board.

AB64,9126 Section 9126. Nonstatutory provisions; Joint Committee on Finance.

AB64,9127 Section 9127. Nonstatutory provisions; Judicial Commission.

AB64,9128 Section 9128. Nonstatutory provisions; Justice.

AB64,9129 Section 9129. Nonstatutory provisions; Legislature.

AB64,944,20 (1) Study of the department of corrections and department of administration probation and parole revocation process. By January 1, 2019, the legislative audit bureau shall review the policies and procedures of the department of corrections and the division of hearings and appeals in the department of administration regarding the probation and parole revocation process for an individual who has violated the terms of his or her community supervision. The review shall determine all of the following:

AB64,944,22 (a) Whether the provisions of 2013 Wisconsin Act 196 and 2015 Wisconsin Act 164 are being appropriately applied.

AB64,945,3 (b) Whether the department of corrections and the division of hearings and appeals have appropriate policies, procedures, resources, and administrative rules to carry out the requirements under 2013 Wisconsin Act 196 and 2015 Wisconsin Act 164 and whether they provide for an appropriate level of due process for the individuals subject to revocation through the entire initial revocation process and the appeal process.

AB64,945,5 (c) Whether the appropriate action has been applied to the violation that is the reason for the revocation.

AB64,945,6 (d) Whether the period of reconfinement is appropriate to the level of violation.

AB64,945,9 (e) Whether a violation committed by one person under supervision is treated consistently with a similar violation committed by another person under supervision.

AB64,945,11 (f) Whether the revocation process within the department of corrections is consistent with the revocation process within the division of hearings and appeals.

AB64,9130 Section 9130. Nonstatutory provisions; Lieutenant Governor.

AB64,9131 Section 9131. Nonstatutory provisions; Local Government.

AB64,9132 Section 9132. Nonstatutory provisions; Military Affairs.

AB64,945,19 (1) Mobile field force grants. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2019-21 biennial budget bill, the department of military affairs shall submit information concerning the appropriation under section 20.465 (3) (dm) of the statutes as though that appropriation had not been made.

AB64,9133 Section 9133. Nonstatutory provisions; Natural Resources.

AB64,945,24 (1) Environmental fund. Of the moneys in the environmental fund that are received for the purpose of environmental management, $3,152,500 shall, in each fiscal year of the 2017-19 fiscal biennium, be considered to have been received for the purposes under section 20.370 (7) (cr) and (cs) of the statutes.

AB64,945,25 (2) Relocation of chief state forester and division of forestry employees.

AB64,946,3 (a) The department of natural resources shall relocate the headquarters for the chief state forester to an existing department facility north of STH 29 no later than January 1, 2018.

AB64,946,8 (b) The department of natural resources may allow individuals who are employed by the division of forestry on the effective date of this paragraph and located in the department office at 101 South Webster Street in the city of Madison to relocate to existing state-owned or state-leased facilities north of STH 29 designated by the chief state forester.

AB64,946,11 (c) For the 2017-18 and 2018-19 fiscal years, for each employee who relocates under paragraph (b), the department of natural resources shall authorize payment of the moving expenses described under section 20.917 (1) (a) of the statutes.

AB64,946,14 (d) By February 1, 2019, the department of natural resources shall submit a report to the governor and the cochairpersons of the joint committee on finance on the number of employees who have relocated under paragraph (b).

AB64,946,25 (3) Recreational passport. The department of natural resources and the department of transportation shall jointly develop a plan to authorize the purchase of a recreational passport when an individual initiates or renews his or her annual vehicle registration. In the plan, the departments shall provide in detail the costs of implementing the plan, a timeline for implementing the plan, and the estimated revenue to be collected when the plan is fully implemented. One option that the departments shall evaluate in the plan is the creation of the recreational passport as a special license plate registration sticker that shows both the vehicle registration expiration year and an indicator that the sticker is also a recreational passport. The departments shall complete the plan in time for the plan to be included in the department of natural resources' 2019-21 biennial budget request.

AB64,947,20 (4) Concentrated animal feeding operations. The department of natural resources and the department of agriculture, trade and consumer protection shall study the possibility of transferring the regulation of concentrated animal feeding operations from the department of natural resources to the department of agriculture, trade and consumer protection. The departments may consult with interested parties when undertaking the study under this subsection. The departments shall jointly report their findings, conclusions, and recommendations to the governor, the joint committee on finance, and the appropriate standing committees of the legislature by December 31, 2018. In the report the departments shall state whether the department of agriculture, trade and consumer protection may serve as the delegated agent of the federal environmental protection agency for the purpose of regulating concentrated animal feeding operations, whether improvements would be gained by the transfer, whether the transfer would have any financial impacts on the water pollutant discharge elimination system permit program, and whether the departments recommend the transfer. If the departments recommend that regulation of concentrated animal feeding operations be transferred, the departments shall also include in the report recommendations as to the effective date of the transfer and the number of positions and funding to be transferred and shall describe the effects of the transfer on rules promulgated by the departments.

AB64,948,2 (5) Wisconsin Natural Resources Magazine. The department of natural resources shall publish the final issue of the Wisconsin Natural Resources Magazine in February 2018 and shall publish no more issues of the magazine after that date. No later than June 30, 2018, the department of natural resources shall refund to each subscriber to the Wisconsin Natural Resources Magazine a prorated amount of the subscription cost of all issues after February 2018 for which the subscriber subscribed but that the subscriber will not receive.

AB64,9134 Section 9134. Nonstatutory provisions; Public Defender Board.

AB64,9135 Section 9135. Nonstatutory provisions; Public Instruction.

AB64,948,11 (1) Per pupil aid; health care coverage. Notwithstanding section 115.437 (3) of the statutes, in each of the 2017-18 and 2018-19 school years, the department of public instruction may not pay per pupil aid under section 115.437 (3) of the statutes to a school district unless the school district certifies to the department of public instruction that employees of the school district will be required to pay at least 12 percent of all costs and payments associated with employee health care coverage plans in that school year.

AB64,948,18 (2) Per pupil aid supplemental payment. If a lapse occurs under Section 9101 (8) of this act during the 2017-18 fiscal year, the department of public instruction shall increase the per pupil payment amount under section 115.437 (3) of the statutes by $12 in the 2017-18 school year. If a lapse occurs under Section 9101 (8) of this act during the 2018-19 fiscal year, the department of public instruction shall increase the per pupil payment amount under section 115.437 (3) of the statutes by $24 in the 2018-19 school year.

AB64,949,4 (3) Calculation of statewide categorical aid; payment adjustments. If a lapse does not occur under Section 9101 (8 ) of this act during the 2017-18 fiscal year, the department of public instruction shall determine the change in the statewide categorical aid between the 2017-18 school year and the 2016-17 school year under section 118.40 (2r) (e) 2p. of the statutes by subtracting $12 from the amount calculated under section 118.40 (2r) (e) 2p. d. of the statutes. If a lapse does not occur under Section 9101 (8 ) of this act during the 2018-19 fiscal year, the department of public instruction shall determine the change in the statewide categorical aid between the 2018-19 school year and the 2017-18 school year under section 118.40 (2r) (e) 2p. of the statutes by subtracting $12 from the amount calculated under section 118.40 (2r) (e) 2p. d. of the statutes.

AB64,9136 Section 9136. Nonstatutory provisions; Public Lands, Board of Commissioners of.

AB64,9137 Section 9137. Nonstatutory provisions; Public Service Commission.

AB64,9138 Section 9138. Nonstatutory provisions; Revenue.

AB64,949,13 (1) Forestation state tax. For the property tax assessments as of January 1, 2017, the department of revenue shall prescribe a form for the property tax bills prepared under section 74.09 of the statutes that indicates that the state no longer imposes the forestation state tax. The form shall also indicate the amount of the forestation state tax that the taxpayer paid in the previous year.