AB68: Bill Text

AB68,3463 Section 3463 . 990.01 (39) of the statutes is created to read:

AB68,1760,19 990.01 (39) Spouses. “Spouses" means 2 individuals of the same sex or different sexes who are legally married to each other.

AB68,3464 Section 3464 . 990.01 (40m) of the statutes is created to read:

AB68,1760,22 990.01 (40m) Stepparent. “Stepparent" means a person who is the spouse of a child's parent and who is not also a parent of the child.

AB68,3465 Section 3465. 2017 Wisconsin Act 185, section 110 (1) (a), as last affected by 2019 Wisconsin Act 8, is amended to read:

AB68,1761,13 [2017 Wisconsin Act 185] Section 110 (1) (a) Upon the establishment of the Type 1 juvenile correctional facilities under subsection (7) and the secured residential care centers for children and youth under subsections (4) and (7m), the department of corrections shall begin to transfer each juvenile held in secure custody at the Lincoln Hills School and Copper Lake School to the appropriate Type 1 juvenile correctional facility or secured residential care center for children and youth. No juvenile may be transferred to a Type 1 juvenile correctional facility until the department of corrections determines the facility to be ready to accept juveniles, and no juvenile may be transferred to a secured residential care center for children and youth until the entity operating the facility determines it to be ready to accept juveniles. The transfers may occur in phases. The department shall transfer all juveniles a juvenile under this subsection no later than July 1, 2021 as soon as a substitute placement that meets the needs of the juvenile is ready.

AB68,3466 Section 3466. 2017 Wisconsin Act 185, section 110 (2) (a), as last affected by 2019 Wisconsin Act 8, is amended to read:

AB68,1761,22 [2017 Wisconsin Act 185] Section 110 (2) (a) On the earlier of the date on which all juveniles have been transferred to secured residential care centers for children and youth and Type 1 juvenile correctional facilities under subsection (1) or July 1, 2021 (a) or transferred to a juvenile detention facility under 2019 Wisconsin Act 8, section 72 (1), the department of corrections shall permanently close the Type 1 juvenile correctional facilities housed at the Lincoln Hills School and Copper Lake School in the town of Birch, Lincoln County.

AB68,3467 Section 3467. 2017 Wisconsin Act 185, section 110 (7), as last affected by 2019 Wisconsin Act 8, is amended to read:

AB68,1762,6 [2017 Wisconsin Act 185] Section 110 (7) Type 1 juvenile correctional facilities. The department of corrections shall establish or construct the Type 1 juvenile correctional facilities under section 301.16 (1w) (a) of the statutes no later than July 1, 2021, subject to the approval of the joint committee on finance. The department shall consider the recommendations of the juvenile corrections study committee under subsection (6) (c) 2. in establishing or constructing these facilities.

AB68,3468 Section 3468. 2017 Wisconsin Act 185, section 112 (1), as last affected by 2019 Wisconsin Act 8, is amended to read:

AB68,1762,17 [2017 Wisconsin Act 185] Section 112 (1) The treatment of sections 46.011 (1p) (by Section 13), 46.057 (1) (by Section 15), 48.023 (4) (by Section 20), 49.11 (1c) (by Section 27), 49.45 (25) (bj) (by Section 29), 301.01 (1n) (by Section 35), 301.20, 938.02 (4) (by Section 50), 938.34 (2) (a) (by Section 57) and (b) (by Section 59) and (4m) (intro.) (by Section 62), 938.48 (3) (by Section 78), (4) (by Section 80), (4m) (b) (by Section 82), (5) (by Section 84), (6) (by Section 86), and (14) (by Section 88), 938.505 (1) (by Section 96), 938.52 (2) (a) and (c) (by Section 98), 938.53 (by Section 100), and 938.54 (by Section 107) of the statutes takes effect on the date specified in the notice under Section 110 (2) (b) or July 1, 2021, whichever is earlier.

AB68,3469 Section 3469 . 2017 Wisconsin Act 370, section 44 (2) and (3) are repealed.

AB68,3470 Section 3470. 2017 Wisconsin Act 370, section 44 (5) is repealed.

AB68,3471 Section 3471. 2019 Wisconsin Act 8, section 72 (1) (b) is amended to read:

AB68,1763,3 [2019 Wisconsin Act 8] Section 72 (1) (b) Notwithstanding s. 938.34 (3) (f) 1., a juvenile may be placed in a juvenile detention facility under par. (a) for a period longer than 365 days, and shall be transferred out of the juvenile detention facility using the procedure and by the date required under 2017 Wisconsin Act 185, section 110 (1). The department of corrections shall transfer all juveniles placed in a juvenile detention facility under par. (a) out of the juvenile detention facility no later than July 1, 2021 as soon as a substitute placement that meets the needs of the juvenile is ready.

AB68,3472 Section 3472. 2019 Wisconsin Act 8, section 74 (1) is amended to read:

AB68,1763,10 [2019 Wisconsin Act 8] Section 74 (1) The treatment of ss. 46.011 (1p), 48.023 (4), 49.11 (1c), 49.45 (25) (bj), 301.01 (1n), 938.02 (4), 938.34 (4m) (intro.) (by Section 33) and (4n) (intro.), 938.357 (4g) (a), 938.48 (3), (4), (4m) (b), (5), (6), and (14), 938.505 (1), 938.52 (2) (a) and (c), 938.53, 938.533 (2) (intro.), and 938.54 takes effect on the date specified in the notice under 2017 Wisconsin Act 185, Section 110 (2) (b), or July 1, 2021, whichever is earlier.

AB68,3473 Section 3473. 2019 Wisconsin Act 9, sections 235 and 9427 (2) are repealed.

AB68,3474 Section 3474. DCF 120.03 (3) of the administrative code is amended to read:

AB68,1763,16 DCF 120.03 (3) “Emergency assistance group" or “group" means “family” as referred to defined in s. 49.138 (1d) (am), Stats., and includes one or more dependent children as defined by s. 49.141 (1) (c), Stats., and a qualified caretaker relative with whom the child is living or was living at the time the emergency occurred.

AB68,3475 Section 3475. DCF 120.05 (1) (c) of the administrative code is amended to read:

AB68,1763,24 DCF 120.05 (1) (c) The If the emergency assistance group includes a child, the child for whom assistance is requested is or, within 6 months prior to the month of application for emergency assistance, was living with a qualified caretaker relative in a place of residence maintained as the caretaker relative's own home and is anticipated to live with the qualified caretaker relative in the month following the application date.

AB68,3476 Section 3476. DCF 120.05 (1) (d) of the administrative code is amended to read:

AB68,1764,5 DCF 120.05 (1) (d) Assistance is needed to avoid destitution of the child or individual aged 18 to 24 or to provide a living arrangement for the child or the individual aged 18 to 24 in a home.

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.