Wisconsin Legislature: AB64,930,24

AB64,925,7 42. Notwithstanding the treatment of chapter 102 of the statutes by this act, a
5person may file an action for judicial review of a decision of the labor and industry
6review commission described in subdivision 1 . as provided under chapter 102, 2015
7stats.

AB64,925,88 (f) Matters subject to review by the commission on effective date; equal rights.

AB64,925,11 91. This paragraph applies to a decision issued by a hearing examiner in the
10department of workforce development under section 106.52, 2015 stats., section
11106.56, 2015 stats., or section 111.39, 2015 stats., to which all of the following apply:

AB64,925,13 12a. No petition for review of the decision has been filed with the labor and
13industry review commission prior to the effective date of this subdivision 1. a .

AB64,925,17 14b. The period for filing a petition for review of the decision by the labor and
15industry review commission under section 106.52 (4) (b), 2015 stats., or section
16111.39 (5), 2015 stats., has not expired as of the effective date of this subdivision 1.
17b.

AB64,925,25 182. Beginning on the effective date of this subdivision, a person may not file a
19petition for review by the labor and industry review commission of a decision
20described in subdivision 1. Such a person may instead file a petition for review with
21respect to the matter as provided in section 106.52, 106.56, or 111.395 of the statutes,
22as affected by this act, except that, notwithstanding section 106.52 (4) (b) 4. of the
23statutes and section 111.39 (5) (b) of the statutes, as affected by this act, a petition
24for review of a decision described in subdivision 1 . may be filed within 21 days after
25the effective date of this subdivision.

AB64,926,1

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

AB64,926,4 21. This paragraph applies to a decision of the labor and industry review
3commission issued under section 106.52 (4) (b), 2015 stats., or section 111.39 (5), 2015
4stats., to which all of the following apply:

AB64,926,6 5a. No action for judicial review of the decision has been commenced as of the
6effective date of this subdivision 1 . a.

AB64,926,10 7b. The period for commencing an action for judicial review of the decision of the
8labor and industry review commission under section 106.52 (4) (c) of the statutes, as
9affected by this act, or section 227.53 (1) (a) of the statutes, has not expired as of the
10effective date of this subdivision 1 . b.

AB64,926,15 112. Notwithstanding the treatment of sections 106.52, 106.56, and 111.39 of the
12statutes by this act, a person may file an action for judicial review of a decision of the
13labor and industry review commission described in subdivision 1. as provided under
14section 106.52, 2015 stats., section 106.56, 2015 stats., or section 111.39, 2015 stats.,
15whichever is applicable.

AB64,927,516 (h) Emergency rules; department of workforce development. Using the
17procedure under section 227.24 of the statutes, the department of workforce
18development may promulgate emergency rules under sections 106.52 (2), 108.09 (6)
19(e), and 111.375 (1) of the statutes as needed to provide for review of administrative
20decisions under sections 103.06, 106.52, and 106.54 and subchapter II of chapter 111
21and chapter 108 of the statutes, as affected by this act. Notwithstanding section
22227.24 (1) (a) and (3) of the statutes, the department is not required to provide
23evidence that promulgating a rule under this paragraph as an emergency rule is
24necessary for the preservation of the public peace, health, safety, or welfare and is
25not required to provide a finding of emergency for a rule promulgated under this

1paragraph. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency
2rules promulgated under this paragraph remain in effect for 2 years after the date
3they become effective, or until the date on which permanent rules take effect,
4whichever is sooner, and the effective period may not be further extended under
5section 227.24 (2) of the statutes.

AB64,927,186 (i) Emergency rules; division of hearings and appeals. Using the procedure
7under section 227.24 of the statutes, the division of hearings and appeals may
8promulgate emergency rules under section 102.15 (1) of the statutes as needed to
9provide for review of administrative decisions under chapter 102 of the statutes, as
10affected by this act. Notwithstanding section 227.24 (1) (a) and (3) of the statutes,
11the division is not required to provide evidence that promulgating a rule under this
12paragraph as an emergency rule is necessary for the preservation of the public peace,
13health, safety, or welfare and is not required to provide a finding of emergency for a
14rule promulgated under this paragraph. Notwithstanding section 227.24 (1) (c) and
15(2) of the statutes, emergency rules promulgated under this paragraph remain in
16effect for 2 years after the date they become effective, or until the date on which
17permanent rules take effect, whichever is sooner, and the effective period may not
18be further extended under section 227.24 (2) of the statutes.

AB64,927,2019 (7) Elimination of labor and industry review commission; transfers and
20other matters.

AB64,927,2121 (a) Unemployment insurance.

AB64,928,2 221. `Assets and liabilities.' On the effective date of this subdivision, the assets
23and liabilities of the labor and industry review commission primarily related to
24matters under section 103.06 or chapter 108 of the statutes, as determined by the

1secretary of administration, become assets and liabilities of the department of
2workforce development.

AB64,928,7 32. `Tangible personal property.' On the effective date of this subdivision, all
4tangible personal property, including records, of the labor and industry review
5commission that is primarily related to matters under section 103.06 or chapter 108
6of the statutes, as determined by the secretary of administration, is transferred to
7the department of workforce development.

AB64,928,14 83. `Contracts.' All contracts entered into by the labor and industry review
9commission in effect on the effective date of this subdivision that are primarily
10related to matters under section 103.06 or chapter 108 of the statutes remain in effect
11and are transferred to the department of workforce development. The department
12of workforce development shall carry out any obligations under such a contract until
13the contract is modified or rescinded by the department of workforce development
14to the extent allowed under the contract.

AB64,928,19 154. `Orders.' All orders issued by the labor and industry review commission
16related to matters under section 103.06 or chapter 108 of the statutes that are in
17effect on the effective date of this subdivision remain in effect until their specified
18expiration date or until modified or rescinded by the department of workforce
19development.

AB64,929,2 205. `Pending matters.' Any matter pending with the labor and industry review
21commission on the effective date of this subdivision related to matters under section
22103.06 or chapter 108 of the statutes is transferred to the department of workforce
23development for assignment to the appropriate division administrator and all
24materials submitted to or actions taken by the labor and industry review commission

1with respect to the pending matter are considered as having been submitted to or
2taken by that division administrator.

AB64,929,33 (b) Worker's compensation.

AB64,929,7 41. `Assets and liabilities.' On the effective date of this subdivision, the assets
5and liabilities of the labor and industry review commission primarily related to
6matters under chapter 102 of the statutes, as determined by the secretary of
7administration, become assets and liabilities of the department of administration.

AB64,929,12 82. `Tangible personal property.' On the effective date of this subdivision, all
9tangible personal property, including records, of the labor and industry review
10commission that is primarily related to matters under chapter 102 of the statutes,
11as determined by the secretary of administration, is transferred to the department
12of administration.

AB64,929,19 133. `Contracts.' All contracts entered into by the labor and industry review
14commission in effect on the effective date of this subdivision that are primarily
15related to matters under chapter 102 of the statutes remain in effect and are
16transferred to the department of administration. The department of administration
17shall carry out any obligations under such a contract until the contract is modified
18or rescinded by the department of administration to the extent allowed under the
19contract.

AB64,929,23 204. `Orders.' All orders issued by the labor and industry review commission that
21are in effect on the effective date of this subdivision remain in effect until their
22specified expiration date or until modified or rescinded by the department of
23administration.

AB64,930,4 245. `Pending matters.' Any matter pending with the labor and industry review
25commission on the effective date of this subdivision related to matters under chapter

1102 of the statutes is transferred to the administrator of the division of hearings and
2appeals and all materials submitted to or actions taken by the labor and industry
3review commission with respect to the pending matter are considered as having been
4submitted to or taken by the administrator of the division of hearings and appeals.

AB64,930,55 (c) Equal rights.

AB64,930,10 61. `Assets and liabilities.' On the effective date of this subdivision, the assets
7and liabilities of the labor and industry review commission primarily related to
8matters under subchapter III of chapter 106 of the statutes and subchapter II of
9chapter 111 of the statutes, as determined by the secretary of administration, become
10assets and liabilities of the department of workforce development.

AB64,930,16 112. `Tangible personal property.' On the effective date of this subdivision, all
12tangible personal property, including records, of the labor and industry review
13commission that is primarily related to matters under subchapter III of chapter 106
14of the statutes and subchapter II of chapter 111 of the statutes, as determined by the
15secretary of administration, is transferred to the department of workforce
16development.

AB64,930,24 173. `Contracts.' All contracts entered into by the labor and industry review
18commission in effect on the effective date of this subdivision that are primarily
19related to matters under subchapter III of chapter 106 of the statutes and subchapter
20II of chapter 111 of the statutes remain in effect and are transferred to the
21department of workforce development. The department of workforce development
22shall carry out any obligations under such a contract until the contract is modified
23or rescinded by the department of workforce development to the extent allowed
24under the contract.

AB64,931,4

14. `Orders.' All orders issued by the labor and industry review commission that
2are in effect on the effective date of this subdivision remain in effect until their
3specified expiration date or until modified or rescinded by the department of
4workforce development.

AB64,931,12 55. `Pending matters.' Any matter pending with the labor and industry review
6commission on the effective date of this subdivision related to matters under
7subchapter III of chapter 106 of the statutes and subchapter II of chapter 111 of the
8statutes is transferred to the department of workforce development for assignment
9to the appropriate division administrator and all materials submitted to or actions
10taken by the labor and industry review commission with respect to the pending
11matter are considered as having been submitted to or taken by that division
12administrator.

AB64,931,2513 (8) Compensation reserve lapse. If the group insurance board executes a
14contract to provide self-insured group health plans on a regional or statewide basis
15to state employees for the 2018 and 2019 calendar years, other than a plan under
16section 40.52 (1) of the statutes, the secretary of administration shall calculate the
17general purpose revenue savings in the 2017-18 and 2018-19 fiscal years for state
18agencies, other than the Board of Regents of the University of Wisconsin System, for
19providing these plans on a self-insured basis. The secretary shall reduce the
20estimated general purpose revenue expenditures for “Compensation Reserves”
21shown in the schedule under section 20.005 (1) of the statutes by an amount equal
22to the state agency savings. The secretary shall then lapse to the general fund during
23the 2017-18 and 2018-19 fiscal years, from general purpose revenue appropriations
24made to fund the estimated expenditures for “Compensation Reserves,” an amount
25equal to the state agency savings.

AB64,932,1

1(9) Human resources services.

AB64,932,32 (a) Definition. In this subsection, “shared services agency” has the meaning
3given in section 16.004 (20) (a) of the statutes.

AB64,932,74 (b) Assets and liabilities. On the effective date of this paragraph, the assets and
5liabilities of a shared services agency that relate to human resources services and
6payroll and benefit services, as determined by the secretary of administration,
7become the assets and liabilities of the department of administration.

AB64,932,88 (c) Positions and employees.

AB64,932,13 91. On the effective date of this subdivision, all FTE positions in a shared
10services agency relating to human resources services and payroll and benefit
11services, as determined by the secretary of administration, and the incumbent
12employees holding those positions, are transferred to the department of
13administration.

AB64,932,19 142. Employees transferred under subdivision 1. have all the rights and the same
15status under chapter 230 of the statutes in the department of administration that
16they enjoyed in the shared services agency immediately before the transfer.
17Notwithstanding section 230.28 (4) of the statutes, no employee transferred under
18subdivision 1. who has attained permanent status in class is required to serve a
19probationary period.

AB64,932,2320 (d) Personal property. On the effective date of this paragraph, all tangible
21personal property, including records, of a shared services agency that relate to
22human resources services and payroll and benefit services, as determined by the
23secretary of administration, are transferred to the department of administration.

AB64,933,324 (e) Contracts. All contracts entered into by a shared services agency in effect
25on the effective date of this paragraph that are primarily related to human resources

1services and payroll and benefit services, as determined by the secretary of
2administration, remain in effect and are transferred to the department of
3administration.

AB64,933,84 (10) Youth wellness center; tribal payment. From the appropriation account
5under section 20.505 (8) (hm) of the statutes, the department of administration shall
6pay $100,000 in each fiscal year of the 2017-19 fiscal biennium to American Indian
7tribes for performing a feasibility study for the creation of a youth wellness center
8and for developing a business plan for the creation of the youth wellness center.

AB64,9102 9Section 9102. Nonstatutory provisions; Agriculture, Trade and
10Consumer Protection.

AB64,933,1111 (1) Elimination of bioenergy council.

AB64,933,1412 (a) Assets and liabilities. On the effective date of this paragraph, the assets and
13liabilities of the bioenergy council become the assets and liabilities of the department
14of agriculture, trade and consumer protection.

AB64,933,2015 (b) Contracts. All contracts entered into by the bioenergy council in effect on
16the effective date of this paragraph remain in effect and are transferred to the
17department of agriculture, trade and consumer protection. The department of
18agriculture, trade and consumer protection shall carry out all obligations under such
19a contract unless modified or rescinded by the department of agriculture, trade and
20consumer protection to the extent allowed under the contract.

AB64,933,2321 (c) Tangible personal property. On the effective date of this paragraph, all
22tangible personal property, including records, of the bioenergy council is transferred
23to the department of agriculture, trade and consumer protection.

AB64,934,1124 (2) Professional assistance procedures; emergency rules. The veterinary
25examining board may use the procedure under section 227.24 of the statutes to

1promulgate rules under section 89.03 (3) of the statutes for the period before the
2effective date of the permanent rule promulgated under section 89.03 (3) of the
3statutes but not to exceed the period authorized under section 227.24 (1) (c) of the
4statutes, subject to one extension of 60 days under section 227.24 (2) of the statutes.
5If the board uses this procedure to promulgate these rules, the board shall
6promulgate the rules no later than the 60th day after the effective date of this
7subsection. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the
8board is not required to provide evidence that promulgating a rule under this
9subsection as an emergency rule is necessary for the preservation of the public peace,
10health, safety, or welfare and is not required to provide a finding of emergency for a
11rule promulgated under this subsection.

AB64,934,1212 (3) Transition period.

AB64,934,1513 (a) Notwithstanding the annual period for a license specified in section 94.64
14(3) of the statutes, a license issued on or after August 15, 2017, and before October
151, 2017, shall expire on September 30, 2018.

AB64,934,1816 (b) Notwithstanding the annual period for a license specified in section 94.65
17(2) of the statutes, a license issued on or after April 1, 2017, and before October 1,
182017, shall expire on September 30, 2018.

AB64,934,2119 (c) Notwithstanding the annual reporting period for a permit specified in
20section 94.65 (6) (a) of the statutes, the reporting period for a permit issued on or after
21April 1, 2017, and before October 1, 2017, shall be January 1, 2017, to June 30, 2018.

AB64,9103 22Section 9103. Nonstatutory provisions; Arts Board.

AB64,9104 23Section 9104. Nonstatutory provisions; Building Commission.

AB64,9105 24Section 9105. Nonstatutory provisions; Child Abuse and Neglect
25Prevention Board.

AB64,9106

1Section 9106. Nonstatutory provisions; Children and Families.

AB64,935,92 (1) Emergency rules . Using the procedure under section 227.24 of the
3statutes, the department of children and families may promulgate the rules required
4under sections 48.685 (9) and 48.686 (8) of the statutes as emergency rules.
5Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department
6of children and families is not required to provide evidence that promulgating a rule
7under this subsection as an emergency rule is necessary for the preservation of the
8public peace, health, safety, or welfare and is not required to provide a finding of
9emergency for a rule promulgated under this subsection.

AB64,935,1010 (2) Wisconsin Works controlled substance screening and testing.

AB64,935,2011 (a) Using the procedure under section 227.24 of the statutes, the department
12of children and families may promulgate the rules required under section 49.162 (7)
13of the statutes for the period before the effective date of the permanent rule
14promulgated under section 49.162 (7) of the statutes but not to exceed the period
15authorized under section 227.24 (1) (c) of the statutes, subject to extension under
16section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and
17(3) of the statutes, the department is not required to provide evidence that
18promulgating a rule under this paragraph as an emergency rule is necessary for the
19preservation of the public peace, health, safety, or welfare and is not required to
20provide a finding of emergency for a rule promulgated under this paragraph.

AB64,935,2421 (b) The department of children and families shall present the statement of
22scope of any emergency rules promulgated under paragraph (a) to the governor for
23approval under section 227.135 (2) of the statutes no later than the 120th day after
24the effective date of this paragraph.

AB64,9107 25Section 9107. Nonstatutory provisions; Circuit Courts.

AB64,9108

1Section 9108. Nonstatutory provisions; Corrections.

AB64,936,22 (1) Transfer of parole commission.

AB64,936,33 (a) Definitions. In this subsection:

AB64,936,4 41. “Commission” means the parole commission.

AB64,936,5 52. “Department” means the department of corrections.

AB64,936,76 (b) Assets and liabilities. On the effective date of this paragraph, the assets and
7liabilities of the commission become the assets and liabilities of the department.

AB64,936,108 (c) Tangible personal property. On the effective date of this paragraph, all
9tangible personal property, including records, of the commission is transferred to the
10department.

AB64,936,1511 (d) Contracts. All contracts entered into by the commission in effect on the
12effective date of this paragraph remain in effect and are transferred to the
13department. The department shall carry out any obligations under those contracts
14unless modified or rescinded by the department to the extent allowed under the
15contract.

AB64,937,416 (e) Rules and orders. All rules promulgated by the commission in effect on the
17effective date of this paragraph remain in effect until their specified expiration dates
18or until amended or repealed by the department. All orders issued by the commission
19in effect on the effective date of this paragraph remain in effect until their specified
20expiration dates or until modified or rescinded by the department. The department
21may promulgate emergency rules under section 227.24 of the statutes to implement
22the transfer of commission responsibilities to the department for the period before
23the effective date of permanent rules but not to exceed the period authorized under
24section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of
25the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes,

1the department is not required to provide evidence that promulgating a rule under
2this paragraph as an emergency rule is necessary for the preservation of the public
3peace, health, safety, or welfare and is not required to provide a finding of emergency
4for a rule promulgated under this paragraph.

AB64,937,85 (f) Pending matters. Any matter pending with the commission on the effective
6date of this paragraph is transferred to the department. All materials submitted to
7or actions taken by the commission with respect to the pending matter are considered
8as having been submitted to or taken by the department.

AB64,9109 9Section 9109. Nonstatutory provisions; Court of Appeals.

AB64,9110 10Section 9110. Nonstatutory provisions; District Attorneys.

AB64,9111 11Section 9111. Nonstatutory provisions; Educational Approval Board.

AB64,937,1212 (1) Elimination of educational approval board and transfer of functions.

AB64,937,1413 (a) Definition. In this subsection, “board” means the educational approval
14board.

AB64,937,1715 (b) Assets and liabilities. On the effective date of this paragraph, the assets and
16liabilities of the board become the assets and liabilities of the department of safety
17and professional services.

AB64,937,2018 (c) Tangible personal property. On the effective date of this paragraph, all
19tangible personal property, including records, of the board is transferred to the
20department of safety and professional services.

AB64,937,2521 (d) Contracts. All contracts entered into by the board in effect on the effective
22date of this paragraph remain in effect and are transferred to the department of
23safety and professional services. The department of safety and professional services
24shall carry out any obligations under those contracts unless modified or rescinded
25by the department to the extent allowed under the contract.

AB64,938,1

1(e) Rules and orders.

AB64,938,4 21. All rules promulgated by the board in effect on the effective date of this
3subdivision remain in effect until their specified expiration dates or until amended
4or repealed by the department of safety and professional services.

AB64,938,7 52. All orders issued by the board in effect on the effective date of this subdivision
6remain in effect until their specified expiration dates or until modified or rescinded
7by the department of safety and professional services.

AB64,938,128 (f) Pending matters. Any matter pending with the board on the effective date
9of this paragraph is transferred to the department of safety and professional
10services. All materials submitted to or actions taken by the board are considered as
11having been submitted to or taken by the department of safety and professional
12services.

AB64,9112 13Section 9112. Nonstatutory provisions; Educational Communications
14Board.

AB64,9113 15Section 9113. Nonstatutory provisions; Elections Commission.

AB64,938,2516 (1) Depletion of federal Help America Vote Act funding for eligible
17election administration costs. During fiscal year 2018-19, the elections
18commission shall spend all available funds in the appropriation account under
19section 20.510 (1) (x) of the statutes prior to spending any funds appropriated to the
20elections commission under section 20.510 (1) (a) of the statutes for the purpose of
21replacing election administration funding received from the federal government
22under the federal Help America Vote Act, Public Law 107-252. The elections
23commission may spend moneys appropriated under section 20.510 (1) (x) of the
24statutes only on election administration costs permissible under the federal Help
25America Vote Act, Public Law 107-252.

AB64,9114

1Section 9114. Nonstatutory provisions; Employee Trust Funds.

AB64,9115 2Section 9115. Nonstatutory provisions; Employment Relations
3Commission.

AB64,939,64 (1) Elimination of offices of commissioner. On the effective date of this
5subsection, the 3 offices of commissioner at the Employment Relations Commission
6are eliminated.