AB43: Bill Text

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.

AB43,,10211 (2) Cooperative development funding. From the appropriation under s. 20.192 (1) (a) or (r), the Wisconsin Economic Development Corporation shall allocate at least $500,000 in the 2023-24 fiscal year for the purpose of assisting cooperative development activities in this state, including the performance of feasibility studies and other technical assistance and implementation efforts.

AB43,9150 Section 9150. Nonstatutory provisions; Workforce Development.

AB43,,10213 (1) Workforce innovation grant program; health care-related regional organizations. In fiscal year 2023-24, of the moneys appropriated under s. 20.445 (1) (bw), the department of workforce development shall allocate $100,000,000 for grants to health care-related regional organizations to design and implement plans to address their region’s workforce challenges that arose during or were exacerbated by the COVID-19 pandemic.

AB43,,10214 (2) Minimum wage study committee.

AB43,,10215 (a) The secretary of workforce development shall establish a minimum wage study committee under s. 15.04 (1) (c). The committee shall consist of the following:

AB43,,10216 1. Five members appointed by the governor.

AB43,,10217 2. One member appointed by the speaker of the assembly.

AB43,,10218 3. One member appointed by the minority leader of the assembly.

AB43,,10219 4. One member appointed by the majority leader of the senate.

AB43,,10220 5. One member appointed by the minority leader of the senate.

AB43,,10221 (b) The committee created under par. (a) shall study options to achieve a $15 per hour minimum wage and other options to increase compensation for workers in this state.

AB43,,10222 (c) No later than October 1, 2024, the committee created under par. (a) shall submit to the governor and the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3) a report that includes recommendations regarding the options for achieving a $15 per hour minimum wage and other means of increasing worker compensation in this state.

AB43,,10223 (d) The minimum wage study committee terminates upon submission of the report under par. (c).

AB43,,10224 (3) Worker’s compensation insurance; rate approval; notice. The commissioner of insurance shall submit to the legislative reference bureau for publication in the Wisconsin Administrative Register a notice of the effective date of new rates for worker’s compensation insurance first approved by the commissioner under s. 626.13 after the effective date of this subsection.

AB43,,10225 (4) Proposed permanent rules. The department of workforce development shall submit in proposed form the rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) to the legislative council staff under s. 227.15 (1) no later than the first day of the 4th month beginning after the effective date of this subsection.

AB43,,10226 (5) Rule-making exceptions for permanent rules.

AB43,,10227 (a) Notwithstanding s. 227.135 (2), the department of workforce development is not required to present the statement of the scope of the rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) to the department of administration for review by the department of administration and approval by the governor.

AB43,,10228 (b) Notwithstanding s. 227.185, the department of workforce development is not required to present the rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) in final draft form to the governor for approval.

AB43,,10229 (c) Notwithstanding s. 227.137 (2), the department of workforce development is not required to prepare an economic impact analysis for the rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c).

AB43,,10230 (d) Notwithstanding ss. 227.14 (2g) and 227.19 (3) (e), the department of workforce development is not required to submit the proposed rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) to the small business regulatory review board and is not required to prepare a final regulatory flexibility analysis for those rules.

AB43,,10231 (6) Emergency rules. Using the procedure under s. 227.24, the department of workforce development shall promulgate the rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) for the period before the effective date of the permanent rules promulgated under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) 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), 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 public peace, health, safety, or welfare and is not required to provide a finding of an 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 the scope of the rules promulgated under this subsection or present the rules to the governor for approval.

AB43,9151 Section 9151. Nonstatutory provisions; Other.

AB43,,10233 (1) Legislative intent. The legislature intends the repeal of ss. 49.141 (1) (j) 2., 102.51 (1) (a) 2., 115.76 (12) (a) 2. and 3., and 769.401 (2) (g), the renumbering and amendment of ss. 891.40 (1) and 891.41 (1) (b), the amendment of ss. 29.219 (4), 29.228 (5) and (6), 29.229 (2) (i), 29.2295 (2) (i), 29.563 (3) (a) 3., 29.607 (3), 45.01 (6) (c), 45.51 (3) (c) 2. and (5) (a) 1. b. and c., 45.55, 46.10 (2), 48.02 (13), 48.025 (title), (2) (b), and (3) (c), 48.27 (3) (b) 1. a. and b. and (5), 48.299 (6) (intro.) and (e) 1., 2., 3., and 4. and (7), 48.355 (4g) (a) 1., 48.396 (2) (dm), 48.42 (1g) (a) 4., (b), and (c) and (2) (b) 1. and 2. and (bm) 1., 48.422 (6) (a) and (7) (bm) and (br), 48.423 (2) (d), 48.432 (1) (am) 2. b., 48.63 (3) (b) 4. and 5., 48.82 (1) (a), 48.837 (1r) (d) and (e) and (6) (b) and (br), 48.913 (1) (a), (b), and (h), (2) (intro.), (b), and (c) (intro.), (3), (4), and (7), 48.9795 (1) (a) 1. c. and (b), 49.141 (1) (j) 1., 49.155 (1m) (c) 1g. and 1h., 49.163 (2) (am) 2., 49.19 (1) (a) 2. a. and (4) (d) (intro.), 1., 2., 3., 4., and 5., 49.345 (2), 49.43 (12), 49.471 (1) (b) 2., 49.90 (4), 54.01 (36) (a), 54.960 (1), 69.03 (15), 69.11 (4) (b), 69.12 (5), 69.13 (2) (b) 4., 69.14 (1) (c) 4., (e) (title) and 1., (f) 1., and (g) and (2) (b) 2. d., 69.15 (1), (3) (title), (a) (intro.), 1., 2., and 3., (b) 1., 2., 3., and 4. (intro.), a., and b., and (d), and (3m) (title), (a) (intro.) and 3., and (b), 71.03 (2) (d) (title), 1., 2., and 3., (g), and (m) 2. and (4) (a), 71.05 (22) (a) (title), 71.07 (5m) (a) 3. and (9e) (b), 71.09 (13) (a) 2., 71.52 (4), 71.83 (1) (a) 8. and (b) 5., 77.25 (8m), 77.54 (7) (b) 1., 101.91 (5m), 102.07 (5) (b) and (c), 102.51 (1) (a) 1., 103.10 (1) (h), 103.165 (3) (a) 3., 111.32 (12), 115.76 (12) (a) 1. and (13), 146.34 (1) (f), 157.05, 182.004 (6), 250.04 (3) (a), 301.50 (1), 700.19 (2), 705.01 (4) and (4m), 706.09 (1) (e), 765.001 (2), 765.01, 765.03 (1), 765.16 (1m) (intro.) and (c), 765.23, 765.24, 765.30 (3) (a), 766.587 (7) (form) 9., 766.588 (9) (form) 13., 766.589 (10) (form) 14., 767.215 (2) (b) and (5) (a) 2., 767.323, 767.80 (1) (intro.) and (c) and (2), 767.803, 767.804 (1) (a) 4., 767.805 (title), (1), (1m), (2) (a) and (b), (3) (title) and (a), (4) (intro.) and (d), (5) (a) and (b), and (6) (a) (intro.), 767.855, 767.863 (1m), 767.87 (1m) (intro.), (8), and (9), 767.883 (1), 769.316 (9), 769.401 (2) (a), 815.20 (1), 822.40 (4), 851.30 (2) (a), 852.01 (1) (f) 1., 2., and 3., 854.03 (3), 891.39 (title), (1) (a) and (b), and (3), 891.40 (2), 891.405, 891.407, 891.41 (title), (1) (intro.) and (a), and (2), 905.05 (title), 938.02 (13), 938.396 (2g) (g), 943.20 (2) (c), 943.201 (1) (b) 8., and 943.205 (2) (b), and the creation of ss. 69.15 (3) (b) 3m., 765.02 (3), 891.40 (1) (b) and (3), 891.41 (3), and 990.01 (22h), (39), and (40m) to harmonize the language of the Wisconsin statutes relating to marriage and the determination of parentage with the provision of s. 990.001 (2), which specifies that words importing one gender extend and may be applied to any gender. The legislature intends that by amending the statutes relating to marriage and the determination of parentage with respect to married couples to use gender neutral language where appropriate so as to clarify that the same statutory rights and responsibilities apply between married persons of the same sex as between married persons of different sexes and to extend some of the presumptions of paternity to either parent, the Wisconsin statutes will be better aligned with the holding of the U.S. Supreme Court in Obergefell v. Hodges, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015), which recognizes that same-sex couples have a fundamental constitutional right to marriage.