AB68: Bill Text

AB68,3477 Section 3477. DCF 120.05 (1) (e) of the administrative code is amended to read:

AB68,1764,11 DCF 120.05 (1) (e) The child's destitution of the child or individual aged 18 to 24 or need for living arrangements did not result from the child , the individual aged 18 to 24, or a qualified caretaker relative refusing without good cause to accept employment or training for employment.

AB68,3478 Section 3478. DCF 120.05 (3) (e) of the administrative code is created to read:

AB68,1764,16 DCF 120.05 (3) (e) During a national emergency declared by the U.S. president under 50 USC 1621 or a state of emergency declared by the governor under s. 323.10, Stats., the family is delinquent on a rent payment, a mortgage payment, or a property tax payment.

AB68,3479 Section 3479. DCF 120.06 (1) (intro.) of the administrative code is amended to read:

AB68,1764,23 DCF 120.06 (1) Income. (intro.) The gross income of the emergency assistance group may not exceed 115% 200% of the poverty line. The agency shall determine the amount of income available to the group in accordance with s. DCF 101.09 (3) (b), except any of the following grants received in the month of the emergency is not counted:

AB68,3480 Section 3480. DCF 120.07 (1) (a) of the administrative code is repealed and recreated to read:

AB68,1765,2 DCF 120.07 (1) (a) The maximum amount published in the Wisconsin administrative register pursuant to s. 49.138 (1m) (intro.), Stats.

AB68,3481 Section 3481. DCF 120.08 (6) of the administrative code is amended to read:

AB68,1765,5 DCF 120.08 (6) Emergency assistance may be provided to an emergency assistance group once in a 12-month 6-month period.

AB68,3482 Section 3482. Tax 2.495 (4) (d) (title) of the administrative code is amended to read:

AB68,1765,8 Tax 2.495 (4) (d) (title) Gross receipts Net gains from trading assets.

AB68,3483 Section 3483. Tax 2.495 (4) (d) 1. of the administrative code is amended to read:

AB68,1765,18 Tax 2.495 (4) (d) 1. Except as provided in subds. subd. 1m. and 2., the numerator of the receipts factor includes gross receipts net gains, net of commissions, from sales of trading assets, if the day-to-day decisions regarding the trading assets occur at a location in this state. If the day-to-day decisions regarding the trading assets occur at locations both in and outside this state, the assets shall be considered to be located at the location where the trading policies and guidelines are established. It shall be rebuttably presumed that the location where the trading policies and guidelines are established is at the taxpayer's commercial domicile.

AB68,3484 Section 3484. Tax 2.495 (4) (d) 1m. of the administrative code is amended to read:

AB68,1766,3 Tax 2.495 (4) (d) 1m. Except as provided in subd. 2., at At the election of the taxpayer, for taxable years beginning after December 31, 2014, the numerator of the receipts factor includes gross receipts net gains, net of commissions, from sales of trading assets if the customer's billing address is in this state. Once made, an election under this subdivision cannot be revoked without prior consent from the department. If a request to change an election has been approved by the department, the change becomes effective with the first taxable year ending on or after approval by the department.

AB68,3485 Section 3485. Tax 2.495 (4) (d) 2. of the administrative code is repealed.

AB68,9101 Section 9101. Nonstatutory provisions; Administration.

AB68,1766,13 (1) Volkswagen settlement funds. Notwithstanding s. 16.047 (2) (b), during the 2021-23 biennium, of the moneys in the appropriation under s. 20.855 (4) (h), the department of administration shall allocate $10,000,000 for grants under 16.047 (4m) for the installation of charging stations for vehicles with an electric motor and shall allocate any remaining moneys for grants under 16.047 (2) for the replacement of vehicles in the state fleet. Vehicles replaced under s. 16.047 (2) during the 2021-23 biennium shall be replaced with vehicles that are fuel-efficient or that have an electric motor.

AB68,1766,14 (2) Transfer of high-voltage transmission line fees.

AB68,1766,17 (a) Definition. In this subsection, “fees” means the annual impact and onetime environmental impact fees required to be paid under the rules promulgated under s. 16.969 (2) (a), 2019 stats, and s. 16.969 (2) (b), 2019 stats.

AB68,1766,21 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily relating to the fees, as determined by the secretary of administration, become the assets and liabilities of the public service commission.

AB68,1766,25 (c) Employee transfers. On the effective date of this paragraph, all positions, and the incumbent employees holding those positions, in the department of administration primarily related to the fees, as determined by the secretary of administration, are transferred to the public service commission.

AB68,1767,5 (d) Employee status. Employees transferred under par. (c ) have all the rights and the same status under ch. 230 in the public service commission that they enjoyed in the department of administration immediately before the transfer. Notwithstanding s. 230.28 (4), no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB68,1767,9 (e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration primarily relating to the fees, as determined by the secretary of administration, is transferred to the public service commission.

AB68,1767,15 (f) Contracts. All contracts entered into by the department of administration primarily relating to the fees, as determined by the secretary of administration, in effect on the effective date of this paragraph 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 to the extent allowed under the contract.

AB68,1767,22 (g) 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 fees remain in effect until their specified expiration dates or until amended or repealed by the public service commission. All orders issued by the department of administration in effect on the effective date of this paragraph that are primarily related to the fees remain in effect until their specified expiration dates or until modified or rescinded by the public service commission.

AB68,1768,3 (h) Pending matters. Any matter pending with the department of administration on the effective date of this paragraph that is primarily related to the fees, as determined by the secretary of administration, is transferred to the public service commission. 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 public service commission.

AB68,1768,7 (3) Opioid and methamphetamine data system. From the appropriation under s. 20.505 (1) (a), the department of administration shall allocate $1,500,000 in fiscal year 2021-22 as one-time funding to implement the opioid and methamphetamine data system under subch. III of ch. 153.

AB68,1768,12 (4) Green and environmentally friendly procurement practices. The department of administration shall develop a plan to expand the use of green and environmentally friendly state procurement, as determined by the secretary of administration. The department shall submit the written plan to the governor by June 30, 2022.

AB68,1768,15 (5) Paid parental leave. If the paid parental leave program under s. 230.12 (9m) is approved by the joint committee on employment relations, it shall go into effect immediately upon approval by the joint committee on employment relations.

AB68,1768,16 (6) Contracts for written foreign language translation.

AB68,1768,17 (a) Definitions. In this subsection:

AB68,1768,18 1. “Contractual services” has the meaning given in s. 16.70 (3).

AB68,1768,19 2. “Executive branch agency” has the meaning given in s. 16.70 (4).

AB68,1768,25 (b) Contractual services contracts. By no later than September 1, 2022, the bureau of procurement in the department of administration shall amend existing contracts or enter into at least one contract for contractual services to provide written foreign language translation for executive branch agencies. Any such contract shall require a 24-hour maximum period for completion of a requested translation from the foreign language to English.

AB68,9102 Section 9102. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

AB68,1769,13 (1) Emergency rules for conservation grant program. The department of agriculture, trade and consumer protection may use the procedure under s. 227.24 to promulgate emergency rules relating to the conservation grant program under s. 93.76. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, 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. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.

AB68,1769,25 (2) Emergency rules for regenerative agriculture practices grant program. The department of agriculture, trade and consumer protection may use the procedure under s. 227.24 to promulgate emergency rules relating to the regenerative agriculture practices grant program under s. 93.75. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, 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. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.

AB68,1770,15 (3) Emergency rules for food security and Wisconsin products grant program. The department of agriculture, trade and consumer protection may use the procedure under s. 227.24 to promulgate emergency rules relating to the food security and Wisconsin products grant program under s. 93.60 for the period before the effective date of any permanent rules promulgated under s. 93.60 but not to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), when promulgating emergency rules under this subsection, 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. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.

AB68,1771,4 (4) Emergency rules for meat processing facility grant program. The department of agriculture, trade and consumer protection may use the procedure under s. 227.24 to promulgate emergency rules relating to the meat processing facility grant program under s. 93.68 for the period before the effective date of any permanent rules promulgated under s. 93.68 but not to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), when promulgating emergency rules under this subsection, 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. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.

AB68,9103 Section 9103. Nonstatutory provisions; Arts Board.

AB68,9104 Section 9104. Nonstatutory provisions; Building Commission.

AB68,9105 Section 9105. Nonstatutory provisions; Child Abuse and Neglect Prevention Board.

AB68,9106 Section 9106. Nonstatutory provisions; Children and Families.

AB68,1771,10 (1) Criminal history and child abuse record searches.

AB68,1771,14 (a) Notwithstanding s. 48.685 (1) (bm), for the purposes of conducting a criminal history and child abuse record search under s. 48.685, “nonclient resident” includes a person who has attained 10 years of age on the effective date of this paragraph.

AB68,1771,18 (b) Notwithstanding s. 48.686 (1) (bm), for the purposes of conducting a criminal history and child abuse record search under s. 48.686, “household member” includes a person who has attained 10 years of age on the effective date of this paragraph.

AB68,1771,22 (2) Child abuse and neglect prevention program; home visitation. The department of children and families shall allocate to the nurse family partnership home visitation program under s. 48.983 (4) (b) in a county with a population of 750,000 or more an additional $500,000 annually, beginning in fiscal year 2021-22.

AB68,1772,4 (3) Child care quality improvement program. Using the procedure under s. 227.24, the department of children and families may promulgate the rules authorized under s. 49.133 (2) as emergency rules. Notwithstanding s. 227.24 (1) (a) and (3), the department of children and families is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB68,1772,11 (4) Internet assistance program. Using the procedure under s. 227.24, the department of children and families may promulgate the rules authorized under s. 49.168 (2) as emergency rules. Notwithstanding s. 227.24 (1) (a) and (3), the department of children and families is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB68,1772,20 (5) Emergency rules concerning qualified residential treatment programs. The department of children and families may promulgate emergency rules under s. 227.24 to implement s. 48.675. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2023, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), 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.

AB68,9107 Section 9107. Nonstatutory provisions; Circuit Courts.

AB68,1772,25 (1) Circuit courts designated to begin operation in 2021. The circuit court branches added in s. 753.06 (4) (a), (7) (e), (9) (g), and (10) (f), are the additional branches authorized to be added and allocated by the director of state courts under s. 753.0605 (1) to begin operation on August 1, 2021.

AB68,9108 Section 9108. Nonstatutory provisions; Corrections.

AB68,1773,13 (1) Earned release program; report. No later than the first day of the 12th month beginning after the effective date of this subsection, the department of corrections shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3). The department shall report on the aging and elderly population of inmates in Wisconsin prisons, the costs of health care and other accommodations for that population, and trends and projections for the aging and elderly population and associated costs. The department shall also report on the feasibility, including costs and projected savings, of establishing and operating a state run facility for elderly inmates, the feasibility for adopting electronic monitoring as an alternative to incarceration for elderly inmates, and the possibility for eligibility for medical assistance for individuals who would qualify for alternatives to incarceration.

AB68,1773,18 (2) Earned release program; rules. The department of corrections shall update its administrative rules to implement earned release for completion of a vocational readiness training program under s. 302.05 (3), including specification of the eligibility criteria for persons sentenced before the effective date of this subsection to participate in the program.

AB68,1774,2 (3) Conditions of supervision. No later than July 1, 2022, the department of corrections shall review the efficacy of its standard conditions and rules of supervision, and shall provide a report to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees in the manner provided under s. 13.172 (3), and the director of state courts. The report shall include the number of violations reported for each condition and rule and a comparison of the department of correction's standard conditions and rules of supervision to conditions and rules of supervision in other states.

AB68,1774,13 (4) Earned compliance credit. A person who is serving a sentence for a violation other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095 and who is in custody upon revocation of extended supervision or parole on the effective date of this subsection may petition the department to be given credit under s. 973.156. Upon proper verification of the facts alleged in the petition, s. 973.156 shall be applied retroactively to the person. If the department is unable to determine whether credit should be given, or otherwise refuses to award retroactive credit, the person may petition the sentencing court for relief. This subsection applies regardless of the date the person was sentenced. A person who is required to register under s. 301.45 is not eligible to receive credit under this subsection.

AB68,1774,14 (5) Reports on risk assessment and training.

AB68,1774,24 (a) The department of corrections shall conduct a review of the department's evidence-based risk assessment tool and shall submit a report to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees in the manner provided under s. 13.172 (3), and the director of state courts no later than the first day of the 12th month beginning after the effective date of this paragraph. The department shall include in the report a review of the available alternatives to the current risk assessment tool and the costs and savings that would result from the use of alternatives. The department shall include in its review the efficacy of an evidence-based risk assessment tool that uses ongoing or recurring evaluations of an individual's ability to meet the conditions of supervision.

AB68,1775,7 (b) The department of corrections shall conduct a review of the department's training of community supervision officers and shall submit a report to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees in the manner provided under s. 13.172 (3), and the director of state courts no later than the first day of the 12th month beginning after the effective date of this paragraph. The department shall include in its report an evaluation of best practices and outcomes of training models used in other states.

AB68,1775,13 (6) Secured juvenile facilities; terminology change. All rules promulgated by the department of corrections in effect on the effective date of this subsection that are related to Type-1 juvenile correctional facilities, as determined by the secretary of administration, remain in effect and apply to any secured residential care center for children and youth operated by the department of corrections until their specified expiration dates or until amended or repealed by the department of corrections.

AB68,1775,17 (7) Sentence adjustment for youthful offenders. No later than the first day of the 6th month beginning after the effective date of this subsection, the department of corrections shall provide written notice under s. 973.018 (3) (a) to all youthful offenders who have served at least 14 years of their terms of imprisonment.

AB68,9109 Section 9109. Nonstatutory provisions; Court of Appeals.

AB68,9110 Section 9110. Nonstatutory provisions; District Attorneys.

AB68,9111 Section 9111. Nonstatutory provisions; Educational Communications Board.

AB68,9112 Section 9112. Nonstatutory provisions; Elections Commission.

AB68,1776,2 (1) Initial sharing of registration information. Notwithstanding ss. 85.61 (1), 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), the department of transportation shall enter into and begin transferring information under a revised agreement with the elections commission administrator pursuant to s. 85.61 (1) no later than the first day of the 9th month beginning after the effective date of this subsection.

AB68,1776,17 (2) Report on voter registration information integration. No later than July 1, 2023, the elections commission shall report to the appropriate standing committees of the legislature, in the manner specified in s. 13.172 (3), and to the governor its progress in initially implementing a system to ensure the complete and continuous registration of all eligible electors in this state, specifically including the operability and utility of information integration with the department of transportation and the feasibility and desirability of integrating public information maintained by other state agencies and by technical colleges with the commission's registration information to enhance the completeness and accuracy of the information. At a minimum, the report shall contain an assessment of the feasibility and desirability of the integration of registration information with information maintained by the departments of health services, children and families, workforce development, revenue, safety and professional services, and natural resources; the University of Wisconsin System; and the technical college system board, as well as the technical colleges within each technical college district.

AB68,9113 Section 9113. Nonstatutory provisions; Employee Trust Funds.

AB68,1776,22 (1) Incumbent internal auditor. The individual holding the position of internal auditor in the department of employee trust funds on the day before the effective date of this subsection shall continue to serve in that position until an internal auditor is appointed under s. 15.165 (5).

AB68,1777,2 (2) Incumbent staff. Individuals holding positions as staff internal auditors in the department of employee trust funds on the day before the effective date of this subsection shall continue to serve in those positions until staff are appointed under s. 40.03 (1) (dm).

AB68,1777,4 (3) Termination of Wisconsin retirement board and teachers retirement board.

AB68,1777,5 (a) Transfer of orders, pending matters, contracts, and property.

AB68,1777,9 1. `Orders.' All orders issued by the Wisconsin retirement board and the teachers retirement board 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 employee trust funds board.

AB68,1777,14 2. `Pending matters.' Any matter pending with the Wisconsin retirement board or the teachers retirement board on the effective date of this subdivision is transferred to the employee trust funds board and, with respect to the pending matter, are considered as having been submitted to or taken by the employee trust funds board.

AB68,1777,20 3. `Contracts.' All contracts entered into by the Wisconsin retirement board or the teachers retirement board in effect on the effective date of this subdivision remain in effect and are transferred to the employee trust funds board. The employee trust funds board shall carry out any obligations under such a contract until the contract is modified or rescinded by the employee trust funds board to the extent allowed under the contract.

AB68,1777,23 4. `Tangible personal property.' On the effective date of this subdivision, all tangible personal property, including records, of the Wisconsin retirement board and the teachers retirement board is transferred to the employee trust funds board.

AB68,1777,24 (b) Interim employee trust funds board membership terms.

AB68,1778,4 1. Notwithstanding s. 15.16 (1) (cm) 1., the employee trust funds board member appointed under. s. 15.165 (3) (a) 4., 2019 stats., who is a member on the effective date of this subdivision shall continue to serve on the employee trust funds board until April 30, 2022.

AB68,1778,8 2. Notwithstanding s. 15.16 (1) (cm) 2., the employee trust funds board member appointed under s. 15.165 (3) (b) 7. or 8., 2019 stats., who is a member on the effective date of this subdivision shall continue to serve on the employee trust funds board until April 30, 2022.

AB68,1778,12 3. Notwithstanding s. 15.16 (1) (cm) 1., the employee trust funds board member appointed under s. 15.165 (3) (b) 1., 2., 4., 5., or 8., 2019 stats., who is a member on the effective date of this subdivision shall continue to serve on the employee trust funds board until April 30, 2022.

AB68,1778,16 4. Notwithstanding s. 15.16 (1) (cm) 1., the employee trust funds board member elected under s. 15.165 (3) (a) 7., 2019 stats., who is a member on the effective date of this subdivision shall continue to serve on the employee trust funds board until April 30, 2023.

AB68,1778,20 5. Notwithstanding s. 15.16 (1) (cm) 1., the employee trust funds board member appointed under s. 15.165 (3) (a) 3. or 5., 2019 stats., who is a member on the effective date of this subdivision shall continue to serve on the employee trust funds board until April 30, 2023.

AB68,1778,24 6. Notwithstanding s. 15.16 (1) (cm) 2., the employee trust funds board member appointed under s. 15.16 (1) (b), 2019 stats., but not under s. 15.16 (1) (b) 1. to 3., 2019 stats., who is a member on the effective date of this subdivision shall continue to serve on the employee trust funds board until April 30, 2024.

AB68,1779,4 7. Notwithstanding the term limits set forth in s. 15.16 (1) (intro.), 2019 stats., and s. 15.16 (1) (cm) (intro.), and notwithstanding s. 15.16 (1) (cm) 3., the employee trust funds board member appointed under s. 15.16 (1) (c), 2019 stats., shall continue to serve on the employee trust funds board until April 30, 2024.

AB68,1779,8 8. Notwithstanding s. 15.16 (1) (cm) 2., the employee trust funds board member appointed or elected under s. 15.165 (3) (a) 1. or 2., 2019 stats., who is a member on the effective date of this subdivision shall continue to serve on the employee trust funds board until April 30, 2025.

AB68,1779,12 9. Notwithstanding s. 15.16 (1) (cm) 2., the employee trust funds board member appointed under s. 15.165 (3) (b) 3., 6., or 7., 2019 stats., who is a member on the effective date of this subdivision shall continue to serve on the employee trust funds board until April 30, 2025.