AB163: Bill Text

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.

AB163,161,4 (2) Section 9152 (1) of this act takes effect on the day after publication.

AB163,161,5 (End)