AB43: Bill Text

AB43,,10122 1. Add any perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances that the department determines may be harmful to human health or the environment to the list of toxic pollutants under s. 283.21 (1) (a) for purposes of setting toxic effluent standards or prohibitions under s. 283.11 (4).

AB43,,10123 2. Add to the list of hazardous constituents under s. 291.05 (4) any perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances for which the department determines that the listing is necessary to protect public health, safety, or welfare.

AB43,,10124 3. Administer and enforce ch. 292 in relation to remedial actions involving perfluoroalkyl or polyfluoroalkyl substances or a group or class of such substances.

AB43,,10125 (c) Notwithstanding any finding required under par. (a) or (b), emergency rules promulgated under pars. (a) and (b) shall include, at a minimum, perfluorooctane sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid, perfluorononanoic acid, and perfluorobutane sulfonic acid and shall include provisions for enforcing these standards, including requiring sampling, monitoring, testing, and response actions.

AB43,,10126 (d) Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under pars. (a) and (b) remain in effect until July 1, 2024, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural resources is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB43,,10127 (4) Water quality standards for PFAS. The department of natural resources shall promulgate, under s. 281.15, water quality standards for perfluorooctane sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid, perfluorononanoic acid, and perfluorobutane sulfonic acid and any other perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances that the department determines may be harmful to human health and necessary to protect a water’s designated use.

AB43,,10128 (5) List of groundwater contaminants. The department of natural resources shall add to the list of groundwater contaminants under s. 160.05 any perfluoroalkyl and polyfluoroalkyl substance or group or class of such substances that is shown to involve public health concerns and that has a reasonable probability of entering the groundwater and shall categorize and rank those substances according to the provisions of s. 160.05.

AB43,,10129 (6) Testing laboratories; emergency rules.

AB43,,10130 (a) The department of natural resources shall promulgate emergency rules under s. 227.24 establishing criteria for certifying laboratories to test for any perfluoroalkyl or polyfluoroalkyl substances, including the standards and methods for such testing, and shall certify laboratories that meet these criteria. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2024, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural resources is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB43,,10131 (b) Before emergency rules are promulgated under par. (a), the department of natural resources may require testing for a perfluoroalkyl or polyfluoroalkyl substance to be done according to any nationally recognized procedures.

AB43,,10132 (7) Emergency rules for PFAS municipal grant program. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules relating to the municipal grant program under s. 292.67. 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. 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.

AB43,,10133 (8) Notification of U.S. Coast Guard rules for vessel discharge. When the department of natural resources determines that the secretary of the U.S. department of homeland security has promulgated final, effective, and enforceable rules under 33 USC 1322 (p) (5), the department shall notify the legislative reference bureau. The legislative reference bureau shall publish a notice in the Wisconsin Administrative Register that specifies that date.

AB43,,10134 (9) Municipal flood control aid. Notwithstanding eligibility requirements for receiving aid or limitations on the amount and use of aid provided under s. 281.665, from the appropriation under s. 20.370 (6) (dq), the department of natural resources shall award $1,000,000 in fiscal year 2023-24 and $1,000,000 in fiscal year 2024-25 for the preparation of flood insurance studies and other flood mapping projects.

AB43,,10135 (10) Forestry-industry-wide strategic plan. From the appropriation under s. 20.370 (2) (jq), the department of natural resources shall develop a forestry-industry-wide strategic plan and road map. The department shall submit the final report on this plan and road map to the council on forestry no later than September 16, 2024.

AB43,,10136 (11) Emergency rules for notification of water permit violations. The department of natural resources may use the procedure under s. 227.24, to promulgate rules under s. 283.90. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2025, 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. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not required to prepare a statement of scope of the rules promulgated under this subsection and is not required to present the rules promulgated under this subsection to the governor for approval.

AB43,,10137 (12) Sheboygan River dam grant. Notwithstanding s. 31.385 (2), the department of natural resources shall award a dam safety grant under s. 31.385 in the amount of $500,000 to Sheboygan County for the removal and reconstruction of a dam on the Sheboygan River at the Sheboygan Marsh.

AB43,9133 Section 9133. Nonstatutory provisions; Public Defender Board.

AB43,9134 Section 9134. Nonstatutory provisions; Public Instruction.

AB43,9135 Section 9135. Nonstatutory provisions; Public Lands, Board of Commissioners of.

AB43,9136 Section 9136. Nonstatutory provisions; Public Service Commission.

AB43,9137 Section 9137. Nonstatutory provisions; Revenue.

AB43,,10143 (1) Closing hours exception for certain alcohol beverage retailers during the Republican National Convention in Milwaukee.

AB43,,10144 (a) In this subsection:

AB43,,10145 1. “Municipality” has the meaning given in s. 125.02 (11).

AB43,,10146 2. “Southeast Wisconsin municipality” means a municipality any part of which is located within Kenosha, Racine, Walworth, Rock, Milwaukee, Waukesha, Jefferson, Dane, Ozaukee, Washington, Dodge, Columbia, Sheboygan, or Fond du Lac County.

AB43,,10147 (b) 1. Notwithstanding s. 125.32 (3) (a), from July 15 to July 19, 2024, the closing hours for premises operating under a Class “B” license issued by a southeast Wisconsin municipality shall be between 4 a.m. and 6 a.m. if the municipality that issued the license has adopted a resolution allowing extended closing hours within the municipality and has authorized this extended closing hour as provided in subd. 2.

AB43,,10148 2. If a southeast Wisconsin municipality has adopted a resolution under subd. 1., the municipality shall establish a process to authorize, and may upon application so authorize, the extended closing hour under subd. 1. for any Class “B” licensed premises within the municipality.

AB43,,10149 (c) 1. Notwithstanding s. 125.68 (4) (c) 1. and 3m., from July 15 to July 19, 2024, the closing hours for premises operating under a “Class B” or “Class C” license issued by a southeast Wisconsin municipality shall be between 4 a.m. and 6 a.m. if the municipality that issued the license has adopted a resolution allowing extended closing hours within the municipality and has authorized this extended closing hour as provided in subd. 2.

AB43,,10150 2. If a southeast Wisconsin municipality has adopted a resolution under subd. 1., the municipality shall establish a process to authorize, and may upon application so authorize, the extended closing hour under subd. 1. for any “Class B” or “Class C” licensed premises within the municipality.

AB43,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.

AB43,,10152 (1) Dental therapist licensure.

AB43,,10153 (a) The dentistry examining board shall send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register when the board determines that 50 or more individuals are currently licensed as dental therapists in this state under s. 447.04 (1m).

AB43,,10154 (b) 1. The dentistry examining board shall promulgate emergency rules under s. 227.24 that are necessary to implement this act. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subdivision remain in effect for 2 years, or until the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the board is not required to provide evidence that promulgating a rule under this subdivision 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 subdivision.

AB43,,10155 2. The dentistry examining board shall present a statement of scope for permanent and emergency rules required to implement this act to the department of administration under s. 227.135 (2) no later than the 30th day after the effective date of this subdivision. Notwithstanding s. 227.135 (2), if the governor does not disapprove the statement of scope by the 30th day after the statement is presented to the department of administration, the statement is considered to be approved by the governor.

AB43,,10156 3. The dentistry examining board shall submit a proposed emergency rule required to implement this act to the governor for approval under s. 227.24 (1) (e) 1g. no later than the 150th day after the effective date of this subdivision. Notwithstanding s. 227.24 (1) (e) 1g., if the governor does not reject the proposed emergency rule by the 14th day after the rule is submitted to the governor in final draft form, the rule is considered to be approved by the governor.

AB43,,10157 4. The dentistry examining board shall submit a proposed permanent rule required to implement this act to the governor for approval under s. 227.185 no later than the 365th day after the effective date of this subdivision. Notwithstanding s. 227.185, if the governor does not reject that proposed permanent rule by the 30th day after the rule is submitted to the governor in final draft form, the rule is considered to be approved by the governor.

AB43,,10158 (2) DSPS credential investigations; emergency rules. Using the procedure under s. 227.24, the department of safety and professional services and any credentialing board, as defined in s. 440.01 (2) (bm), may promulgate rules that are necessary to implement s. 440.03 (13) (br). Notwithstanding s. 227.24 (1) (a) and (3), the department or credentialing board 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) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2025, or the date on which permanent rules take effect, whichever is sooner, and the effective period may not be further extended under s. 227.24 (2).

AB43,,10159 (3) Emergency rule-making; licensure of advanced practice registered nurses.

AB43,,10160 (a) Using the procedure under s. 227.24, the board of nursing may promulgate rules under ch. 441 that are necessary to implement the changes to the licensure of advanced practice registered nurses. Notwithstanding s. 227.24 (1) (a) and (3), the board is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph. A rule under this paragraph may take effect no later than the date specified in Section 9438 (3) of this act. Notwithstanding s. 227.24 (1) (c) and (2), a rule promulgated under this paragraph is effective for 2 years after its promulgation, or until permanent rules take effect, whichever is sooner, and the effective period of a rule promulgated under this paragraph may not be further extended under s. 227.24 (2).

AB43,,10161 (b) 1. In this paragraph, the definitions under s. 441.001 apply.

AB43,,10162 2. Notwithstanding s. 441.09 (3), an individual who, on January 1, 2024, is licensed as a registered nurse in this state and is practicing in a recognized role may continue to practice advanced practice registered nursing and the corresponding recognized role in which he or she is practicing and may continue to use the titles corresponding to the recognized roles in which he or she is practicing during the period before which the board takes final action on the person’s application under s. 441.09. This subdivision does not apply after the first day of the 13th month beginning after the effective date of this subdivision.

AB43,9139 Section 9139. Nonstatutory provisions; Secretary of State.

AB43,9140 Section 9140. Nonstatutory provisions; State Fair Park Board.

AB43,9141 Section 9141. Nonstatutory provisions; Supreme Court.

AB43,9142 Section 9142. Nonstatutory provisions; Technical College System.

AB43,,10167 (1) Voter identification. No later than August 1, 2023, each technical college in this state that is a member of and governed by the technical college system under ch. 38 shall issue student identification cards that qualify as identification under s. 5.02 (6m) (f).

AB43,,10168 (2) Grant for supplies and training at a technical college system regional emergency medical technician training center. From the appropriation under s. 20.292 (1) (f), in the 2023-24 fiscal year, the technical college system board shall award a $2,500,000 grant to Madison Area Technical College for equipment, supplies, and emergency medical technician, advanced emergency medical technician, and paramedic personnel training at an emergency medical technician regional training center located in Baraboo, Wisconsin.

AB43,9143 Section 9143. Nonstatutory provisions; Tourism.

AB43,,10170 (1) Transfer of American Indian tourism marketing contract. The contract between the department of tourism and the Great Lakes inter-tribal council in effect on the effective date of this subsection that is primarily related to the promotion of tourism featuring American Indian heritage and culture, as determined by the secretary of administration, is transferred to the department of administration. The department of administration shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

AB43,9144 Section 9144. Nonstatutory provisions; Transportation.

AB43,,10172 (1) Mississippi River parkway commission position authority. The authorized FTE positions for the Mississippi River parkway commission, funded from the appropriation under s. 20.395 (4) (aq), are increased by 1.0 SEG position for the purpose of providing administrative support to the commission.

AB43,,10173 (2) Ray Nitschke Memorial Bridge. Notwithstanding eligibility requirements for receiving aid or limitations on the amount and use of aid provided under s. 84.18, in the 2023-24 fiscal year, from the appropriation under s. 20.395 (2) (eq), the department of transportation shall set aside $1,200,000 for repairs to the Ray Nitschke Memorial Bridge in Brown County.

AB43,,10174 (3) Transit authorities.

AB43,,10175 (a) Initial terms of southeast regional transit authority. Notwithstanding the length of terms specified for members of the board of directors of the southeast regional transit authority under s. 66.1039 (3) (a), the initial terms for the following members of the board of directors shall be 2 years:

AB43,,10176 1. One member appointed under s. 66.1039 (3) (b) 4.

AB43,,10177 2. If Kenosha County adopts a resolution under s. 66.1039 (2) (a) 1. or 2., the member appointed under s. 66.1039 (3) (b) 1. from the city of Kenosha.

AB43,,10178 3. If Milwaukee County adopts a resolution under s. 66.1039 (2) (a) 1. or 2., the member appointed under s. 66.1039 (3) (b) 2. from the city of Milwaukee.

AB43,,10179 (b) Initial terms of Dane County regional transit authority. Notwithstanding the length of terms specified for members of the board of directors of the Dane County transit authority under s. 66.1039 (3) (a), the initial terms for the members appointed under s. 66.1039 (3) (c) 1. and 4. shall be 2 years.

AB43,,10180 (c) Initial terms of Fox Cities regional transit authority. Notwithstanding the length of terms specified for members of the board of directors of the Fox Cities regional transit authority under s. 66.1039 (3) (a), the initial members of the board of directors, except the members appointed as provided in s. 66.1039 (3) (d) 5. and 6., shall be appointed for the following terms:

AB43,,10181 1. The members appointed under s. 66.1039 (3) (d) 1. shall be appointed for terms expiring on June 30, 2025.

AB43,,10182 2. The members appointed under s. 66.1039 (3) (d) 2. to 4. shall be appointed for terms expiring on June 30, 2027.

AB43,9145 Section 9145. Nonstatutory provisions; Treasurer.

AB43,9146 Section 9146. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Authority; Medical College of Wisconsin.

AB43,9147 Section 9147. Nonstatutory provisions; University of Wisconsin System.

AB43,,10186 (1) Risk management position transfer.

AB43,,10187 (a) Employee transfer. On the effective date of this paragraph, 5.0 full-time equivalent positions and the incumbent employees holding those positions in the University of Wisconsin System who perform duties in the University of Wisconsin office of risk management, as determined by the secretary of administration, are transferred to the department of administration.

AB43,,10188 (b) Employee status. To the extent the personnel systems under s. 36.115 afford rights and status similar to that under ch. 230, all of the following apply:

AB43,,10189 1. The employees transferred under par. (a) have all the rights and the same status under ch. 230 in the department of administration that they enjoyed in the University of Wisconsin System immediately before the transfer.

AB43,,10190 2. Notwithstanding s. 230.28 (4) and any similar provision of the personnel systems under s. 36.115, no employee transferred under par. (a) who has attained permanent status in class is required to serve a probationary period.

AB43,,10191 (2) Voter identification. No later than August 1, 2023, each University of Wisconsin System institution shall issue student identification cards that qualify as identification under s. 5.02 (6m) (f).

AB43,,10192 (3) Paid sick leave for temporary employees. The Board of Regents of the University of Wisconsin System shall submit to the administrator of the division of personnel management in the department of administration, with its recommendations for adjustments to compensation and employee benefits for employees of the system under s. 230.12 (3) (e) 1. for the 2023-25 fiscal biennium, a plan to provide paid sick leave benefits to temporary employees of the system. The plan shall provide sick leave benefits at the same rate such benefits are provided to permanent and project employees of the system.

AB43,,10193 (4) Juneteenth holiday. The administrator of the division of personnel management in the department of administration shall include June 19 as a paid holiday in the proposal for adjusting compensation and employee benefits for University of Wisconsin System employees for the 2023-24 and 2024-25 fiscal years that it submits to the joint committee on employee relations under s. 230.12 (3) (e) 1. The recommendation shall specify that the first June 19 paid holiday is the June 19 that occurs after the 2023-25 compensation plan is adopted by the joint committee on employee relations.

AB43,,10194 (5) Paid family and medical leave.

AB43,,10195 (a) Definitions. In this subsection:

AB43,,10196 1. “Family leave” means leave from employment for a reason specified in s. 103.10 (3) (b) 1. to 3.

AB43,,10197 2. “Medical leave” means leave from employment when an employee has a serious health condition that makes the employee unable to perform his or her employment duties, or makes the employee unable to perform the duties of any suitable employment.

AB43,,10198 3. “Serious health condition” has the meaning given in s. 103.10 (1) (g).

AB43,,10199 (b) Program plan. The Board of Regents of the University of Wisconsin System shall submit to the administrator of the division of personnel management in the department of administration, with its recommendations for adjustments to compensation and employee benefits for employees of the system under s. 230.12 (3) (e) 1. for 2023-25, a plan for a program to provide paid family and medical leave for 12 weeks annually to employees of the system.

AB43,,10200 (6) Direct admission program. The Board of Regents of the University of Wisconsin System shall work with a consultant to develop the direct admission program under s. 36.11 (3) (am) and, in developing the program, shall also consult with the department of public instruction, the technical college system board, and other interested stakeholders. The Board of Regents shall implement the direct admission program under s. 36.11 (3) (am) no later than the beginning of the admissions cycle for the 2025-26 academic year.

AB43,,10201 (7) Funding for the University of Wisconsin Missing-in-Action Recovery and Identification Project.

AB43,,10202 (a) In this subsection:

AB43,,10203 1. “Board” means the Board of Regents of the University of Wisconsin System.

AB43,,10204 2. “MIA Recovery Project” means the University of Wisconsin Missing-in-Action Recovery and Identification Project.

AB43,,10205 (b) From the appropriation under s. 20.285 (1) (bt), the board shall provide funding for the MIA Recovery Project to perform a mission for the recovery and identification of Wisconsin veterans who are missing in action.

AB43,,10206 (c) The MIA Recovery Project, acting through its representative, shall submit at the conclusion of the mission for which the funds were expended, to the board, the joint committee on finance, the standing committees of each house of the legislature dealing with veterans matters, the governor, the department of veterans affairs, and the department of military affairs, a report on the mission’s findings and an accounting of expenditures for the mission.

AB43,9148 Section 9148. Nonstatutory provisions; Veterans Affairs.

AB43,,10208 (1) Study for a master plan for the Wisconsin Veterans Home at King. From the appropriation under s. 20.485 (2) (u), during the 2023-25 fiscal biennium the department shall contract with a vendor to study the campus of the Wisconsin Veterans Home at King. The study shall provide a framework to guide decision making for future operations and development on the campus of the Wisconsin Veterans Home at King. The study shall be completed before June 1, 2025.

AB43,9149 Section 9149. Nonstatutory provisions; Wisconsin Economic Development Corporation.

AB43,,10210 (1) Enterprise zone designation limit. The treatment of s. 238.399 (3) (a) may not be construed to require that the Wisconsin Economic Development Corporation revoke a certification for tax benefits under s. 238.399 that is in effect on the effective date of this subsection.