AB64: Bill Text

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technology in the department of administration shall carry out any obligations under those contracts unless modified or rescinded by the division of enterprise technology in the department of administration to the extent allowed under the contract.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related to information technology functions remain in effect until their specified expiration dates or until amended or repealed by the division of enterprise technology in the department of administration.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.

AB64,9139 Section 9139. Nonstatutory provisions; Safety and Professional Services.

AB64,949,17 (1) Elimination of examining board of professional geologists, hydrologists and soil scientists.

AB64,949,21 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the examining board of professional geologists, hydrologists and soil scientists become the assets and liabilities of the department of safety and professional services.

AB64,949,25 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the examining board of professional geologists, hydrologists and soil scientists is transferred to the department of safety and professional services.

AB64,950,7 (c) Contracts. All contracts entered into by the examining board of professional geologists, hydrologists and soil scientists 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 all obligations under such a contract unless modified or rescinded by the department of safety and professional services to the extent allowed under the contract.

AB64,950,14 (d) Pending matters. Each matter pending with the examining board of professional geologists, hydrologists and soil scientists on the effective date of this paragraph is transferred to the department of safety and professional services and all materials submitted to or actions taken by the examining board of professional geologists, hydrologists and soil scientists with respect to the pending matter are considered as having been submitted to or taken by the department of safety and professional services.

AB64,950,22 (e) Rules and orders. All rules promulgated by the examining board of professional geologists, hydrologists and soil scientists 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 safety and professional services. All orders issued by the examining board of professional geologists, hydrologists and soil scientists 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 safety and professional services.

AB64,950,23 (2) Elimination of building inspector review board.

AB64,951,3 (a) Pending matters. Each matter pending with the building inspector review board on the effective date of this paragraph is transferred to the uniform dwelling code council, and all materials submitted to or actions taken by the building inspector review board with respect to the pending matter are considered as having been submitted to or taken by the uniform dwelling code council.

AB64,951,6 (b) Orders. All orders issued by the building inspector review 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 uniform dwelling code council.

AB64,951,7 (3) Elimination of contractor certification council.

AB64,951,10 (a) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the contractor certification council is transferred to the uniform dwelling code council.

AB64,951,15 (b) Contracts. All contracts entered into by the contractor certification council in effect on the effective date of this paragraph remain in effect and are transferred to the uniform dwelling code council. The uniform dwelling code council shall carry out any obligations under such a contract unless modified or rescinded by the uniform dwelling code council to the extent allowed under the contract.

AB64,951,16 (4) Elimination of manufactured housing code council.

AB64,951,19 (a) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the manufactured housing code council is transferred to the uniform dwelling code council.

AB64,951,24 (b) Contracts. All contracts entered into by the manufactured housing code council in effect on the effective date of this paragraph remain in effect and are transferred to the uniform dwelling code council. The uniform dwelling code council shall carry out any obligations under such a contract unless modified or rescinded by the uniform dwelling code council to the extent allowed under the contract.

AB64,952,2 (5) Elimination of automatic fire sprinkler system contractors and journeymen council.

AB64,952,6 (a) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the automatic fire sprinkler system contractors and journeymen council is transferred to the department of safety and professional services.

AB64,952,12 (b) Contracts. All contracts entered into by the automatic fire sprinkler system contractors and journeymen council 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 such a contract unless modified or rescinded by the department safety and professional services to the extent allowed under the contract.

AB64,952,13 (6) Elimination of plumbers council.

AB64,952,16 (a) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the plumbers council is transferred to the department of safety and professional services.

AB64,952,22 (b) Contracts. All contracts entered into by the plumbers council 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 such a contract unless modified or rescinded by the department safety and professional services to the extent allowed under the contract.

AB64,953,2 (7) Orders related to rental unit energy efficiency remain in effect. All orders issued by the department of safety and professional services under its authority under section 101.122, 2015 stats., that are in effect on the effective date of this subsection remain in effect until their specified expiration dates or until modified or rescinded by the department of safety and professional services.

AB64,953,7 (8) Special orders related to prior violations of rental unit energy efficiency standards. Notwithstanding the repeal of section 101.122 (2) (f) of the statutes, the department of safety and professional services may issue special orders under section 101.122 (2) (f), 2015 stats., related to violations of section 101.122, 2015 stats., that occur before the effective date of this subsection.

AB64,953,15 (9) Enforcement, and hearing petitions regarding enforcement, of special orders. Notwithstanding the repeal of section 101.122 (2) (f) and (g) of the statutes, the department of safety and professional services may enforce under section 101.122 (2) (f), 2015 stats., special orders issued by the department of safety and professional services under section 101.122 (2) (f), 2015 stats., and may hear petitions under section 101.122 (2) (g), 2015 stats., regarding the enforcement of rules and special orders under section 101.122, 2015 stats., related to violations that occur before the effective date of this subsection.

AB64,953,20 (10) Hearings and subpoenas related to prior violations of rental unit energy efficiency standards. Notwithstanding the repeal of section 101.122 (3) (b) of the statutes, the department of safety and professional services may hold hearings and issue subpoenas under section 101.122 (3) (b), 2015 stats., related to violations of section 101.122, 2015 stats., that occur before the effective date of this subsection.

AB64,954,2 (11) Use of citation procedure to enforce prior stipulations. Notwithstanding the repeal of sections 101.122 (3) (c) and (7) (d) and (e) and 778.25 (1) (a) 7. and (c) of the statutes, the department of safety and professional services or a city, village, or town may enforce under section 101.122 (3) (c) and (7) (d) or (e), 2015 stats., stipulations entered into before the effective date of this subsection under section 101.122 (4) (c), 2015 stats., by use of the citation procedure under section 778.25 of the statutes.

AB64,954,15 (12) Professional assistance procedures; emergency rules. The department may use the procedure under section 227.24 of the statutes to promulgate rules under section 440.03 (1c) of the statutes for the period before the effective date of the permanent rule promulgated under section 440.03 (1c) 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 department uses this procedure to promulgate these rules, the department 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 department 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.

AB64,954,17 (13) Elimination of certain boards and transfer of their functions to the medical examining board.

AB64,954,21 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the podiatry affiliated credentialing board, radiography examining board, and optometry examining board become the assets and liabilities of the medical examining board.

AB64,954,25 (b) Tangible personal property. On the effective date of this paragraph, all records and other tangible personal property of the podiatry affiliated credentialing board, radiography examining board, and optometry examining board are transferred to the medical examining board.

AB64,955,6 (c) Contracts. All contracts entered into by the podiatry affiliated credentialing board, radiography examining board, and optometry examining board remain in effect and are transferred to the medical examining board. The medical examining board shall carry out any obligations under such a contract until the contract is modified or rescinded by the medical examining board to the extent allowed under the contract.

AB64,955,13 (d) Rules and orders. All rules promulgated by the podiatry affiliated credentialing board, radiography examining board, and optometry examining 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 medical examining board. All orders issued by those boards 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 medical examining board.

AB64,955,19 (e) Pending matters. All matters pending with the podiatry affiliated credentialing board, radiography examining board, and optometry examining board on the effective date of this paragraph are transferred to the medical examining board and all materials submitted to or actions taken by those boards with respect to the pending matters are considered as having been submitted to or taken by the medical examining board.

AB64,955,20 (14) Transfer of regulation of sign language interpreters.

AB64,955,21 (a) Transfer of functions.

AB64,956,6 1. `Rules and orders.' All rules promulgated by the department of safety and professional services and of the sign language interpreter council under the authority of section 440.032 of the statutes and that are in effect on the effective date of this subdivision remain in effect until their specified expiration date or until amended or repealed by the hearing and speech examining board. All orders issued by the department of safety and professional services under the authority of section 440.032 of the statutes or of the sign language interpreter council 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 hearing and speech examining board.

AB64,956,13 2. `Pending matters.' Any matter pending with the department of safety and professional services under the authority of section 440.032 of the statutes or of the sign language interpreter council on the effective date of this subdivision is transferred to the hearing and speech examining board, and all materials submitted to or actions taken by the department of safety and professional services or the sign language interpreter council with respect to the pending matter are considered as having been submitted to or taken by the hearing and speech examining board.

AB64,956,20 3. `Contracts.' All contracts entered into by the department of safety and professional services under the authority of section 440.032 of the statutes or of the sign language interpreter council in effect on the effective date of this subdivision remain in effect and are transferred to the hearing and speech examining board. The hearing and speech examining board shall carry out any obligations under such a contract until the contract is modified or rescinded by the hearing and speech examining board to the extent allowed under the contract.

AB64,956,21 (b) Board membership.

AB64,957,5 1. `Initial appointments.' Notwithstanding the length of terms specified for the members of the hearing and speech examining board under section 15.405 (6m) of the statutes, the new member appointed to the hearing and speech examining board under section 15.405 (6m) (e) of the statutes, as affected by this act, shall be appointed for a term expiring on July 1, 2021; one of the 2 new members appointed to the hearing and speech examining board under section 15.405 (6m) (dm) of the statutes shall be appointed for a term expiring on July 1, 2021; and one of the 2 new members appointed to the hearing and speech examining board under section 15.405 (6m) (dm) of the statutes shall be appointed for a term expiring on July 1, 2020.

AB64,957,14 2. `Provisional appointments.' Notwithstanding section 15.08 (1) of the statutes, the governor may provisionally appoint the new members of the hearing and speech examining board under section 15.405 (6m) (dm) and (e) of the statutes. Those provisional appointments remain in force until withdrawn by the governor or acted upon by the senate, and if confirmed by the senate shall continue for the remainder of the unexpired term, if any, of the member and until a successor is chosen and qualifies. A provisional appointee may exercise all the powers and duties of board membership to which the person is appointed during the time in which the appointee qualifies.

AB64,957,15 (15) Elimination of certain councils; creation of medical assistants council.

AB64,957,18 (a) Initial appointments. Notwithstanding the length of terms specified for the members of the medical assistants council under section 15.407 (4) of the statutes, initial appointments to the medical assistants council shall be made as follows:

AB64,957,21 1. One of the members under section 15.407 (4) (a) of the statutes, one of the members under section 15.407 (4) (b) of the statutes, and the member under section 15.407 (4) (f) of the statutes shall be appointed for terms expiring on July 1, 2018.

AB64,957,25 2. One of the members under section 15.407 (4) (b) of the statutes, one of the members under section 15.407 (4) (c) of the statutes, and one of the members under section 15.407 (4) (e) of the statutes shall be appointed for terms expiring on July 1, 2019.

AB64,958,4 3. One of the members under section 15.407 (4) (a) of the statutes, one of the members under section 15.407 (4) (c) of the statutes, and one of the members under section 15.407 (4) (e) of the statutes shall be appointed for terms expiring on July 1, 2020.

AB64,958,13 (b) Provisional appointments. Notwithstanding section 15.09 (1) of the statutes, the governor may provisionally appoint initial members of the medical assistants council under section 15.407 (4) (a) to (c), (e), and (f) of the statutes. Those provisional appointments remain in force until withdrawn by the governor or acted upon by the senate, and if confirmed by the senate shall continue for the remainder of the unexpired term, if any, of the member and until a successor is chosen and qualifies. A provisional appointee may exercise all the powers and duties of board membership to which the person is appointed during the time in which the appointee qualifies.