AB64: Bill Text

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

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

AB64,9101 Section 9101. Nonstatutory provisions; Administration.

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

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

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

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 The department of administration shall carry out all obligations under such a contract unless modified or rescinded by the department of administration to the extent allowed under the contract.

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

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on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of administration.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on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.