Wisconsin Legislature: 25,9152

(a) Positions and employees.

1. The authorized FTE positions for the department of health and family services, funded from the appropriations under section 20.435 (1) (a), (gm), and (m) of the statutes, as affected by this act, are decreased by 9.5 FTE positions, for the purpose of providing occupational safety and health administration testing.

3. The authorized FTE positions for the state laboratory of hygiene, funded from the appropriation under section 20.285 (1) (fd) of the statutes, are increased by 0.95 FTE position, for the purpose of providing occupational safety and health administration testing.

4. The authorized FTE positions for the state laboratory of hygiene, funded from the appropriation under section 20.285 (1) (i) of the statutes, as affected by this act, are increased by 0.5 FTE position, for the purpose of providing occupational safety and health administration testing.

5. The authorized FTE positions for the state laboratory of hygiene, funded from the appropriation under section 20.285 (1) (m) of the statutes, are increased by 11.55 FTE positions, for the purpose of providing occupational safety and health administration testing.

6. All incumbent employees in the department of health and family services who perform occupational safety and health administration testing are transferred on the effective date of this subdivision to the state laboratory of hygiene. Employees transferred under this subdivision have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the employment commission that they enjoyed before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class must serve a probationary period.

(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, that relates to occupational safety and health administration testing of the department of health and family services is transferred to the state laboratory of hygiene.

(c) Contracts. All contracts entered into by the department of health and family services that relate to occupational safety and health administration testing and that are in effect on the effective date of this paragraph remain in effect and are transferred to the state laboratory of hygiene. The state laboratory of hygiene shall carry out any obligations under such a contract until the state laboratory of hygiene modifies or rescinds the contract to the extent allowed.

(3) Plan to eliminate positions. By May 30, 2006, the Board of Regents of the University of Wisconsin System shall submit to the secretary of administration for his or her approval a plan to eliminate 200 administrative positions within the University of Wisconsin System, specified by position classification and location. Notwithstanding section 16.505 (2p) of the statutes, the Board of Regents of the University of Wisconsin System may not during the 2006-07 fiscal year create any full-time equivalent academic staff or faculty positions from revenues appropriated under section 20.285 (1) (a) of the statutes until the secretary of administration approves the plan.

(4) Allocation of funds. Of moneys appropriated under section 20.285 (1) (a) of the statutes for the 2006-07 fiscal year, the Board of Regents of the University of Wisconsin System shall allocate $105,000 for the University of Wisconsin-Fox Valley engineering initiative and $500,000 for implementing the recommendations of the committee on baccalaureate expansion. Of moneys appropriated under section 20.285 (1) (a) of the statutes for both the 2005-06 and 2006-07 fiscal years, the Board of Regents shall allocate $378,300 for the University of Wisconsin–Rock County engineering initiative.

(5) Sale of real property. If the Board of Regents of the University of Wisconsin System sells any real property under its jurisdiction prior to July 1, 2007, the board shall credit the net proceeds of the sale to the appropriation account under section 20.285 (1) (iz) of the statutes, as affected by this act, except that if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold, the board shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under section 18.09 of the statutes to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the board shall pay to the federal government any of the net proceeds required by federal law. If the property was acquired by gift or grant or acquired with gift or grant funds, the board shall adhere to any restriction governing use of the proceeds.

(6q) Energy costs study. By January 1, 2006, the Board of Regents of the University of Wisconsin System and the department of administration shall submit a joint report to the building commission concerning the apportionment of energy costs for buildings used, owned, or leased by the University of Wisconsin System, including the allocation of federal and private funding for energy costs.

(6r) Task force on University of Wisconsin-Waukesha.

(a) There is created a task force to study and develop an implementation plan under paragraph (b) for the transformation of the University of Wisconsin-Waukesha into a campus of the University of Wisconsin-Milwaukee. The task force shall consist of one representative of the University of Wisconsin-Milwaukee, one representative of the University of Wisconsin-Waukesha, one student enrolled at the University of Wisconsin-Milwaukee, and one student enrolled at the University of Wisconsin-Waukesha, all appointed by the University of Wisconsin System president; one representative of the Waukesha County Technical College, appointed by the Technical College System president; 2 representatives of Waukesha County government, one of whom is appointed by the Waukesha county executive and the other of whom is appointed by the Waukesha county board chairperson; and 2 representatives of the Waukesha County business community, appointed by the Waukesha county executive. The task force shall select a chairperson.

(b) The implementation plan shall include recommendations regarding all of the following:

1. Maintaining the accessibility and affordability mission of the University of Wisconsin-Waukesha.

2. Increasing the number of 4-year baccalaureate and the number of graduate degrees awarded by the University of Wisconsin-Waukesha.

3. Determining the academic programs necessary to meet the needs of the economy in the area surrounding the University of Wisconsin-Waukesha.

4. Addressing issues regarding the assumption of assets and liabilities of the University of Wisconsin-Waukesha.

5. Resolving outstanding employment issues.

(c) By January 1, 2007, the task force shall submit the plan under paragraph (b) to the joint committee on finance. If the cochairpersons of the committee do not notify the task force within 14 working days after the date of the plan's submittal that the committee has scheduled a meeting to review the plan, the plan may be implemented as proposed. If, within 14 working days after the date of the plan's submittal, the cochairpersons of the committee notify the task force that the committee has scheduled a meeting to review the plan, the plan may be implemented only upon the approval of the committee.

(d) The Board of Regents of the University of Wisconsin System shall merge the University of Wisconsin-Waukesha into the campus of the University of Wisconsin-Milwaukee pursuant to a plan approved by the joint committee on finance under paragraph (c), no later than July 1, 2007.

(7f) Collaboration study. By March 1, 2006, the Board of Regents of the University of Wisconsin System shall submit a report to the joint committee on finance and to the standing committees on higher education in the assembly and the senate on possible collaborative efforts between the University of Wisconsin-Superior and the University of Minnesota-Duluth. The study shall include all of the following:

(a) An analysis of the Tri-College University program involving North Dakota State University, Minnesota State University at Moorhead, and Concordia College in Moorhead, Minnesota, and a consideration of similar models of collaboration among public universities.

(b) An identification of opportunities for operational cooperation or consolidation that would save money for taxpayers and students.

(d) An examination of whether coordination and cooperation between the 2 universities would increase educational offerings for their students.

(8m) Study of building projects. By January 1, 2007, the legislative audit bureau shall determine the scope of building project costs at the University of Wisconsin System and prepare and submit a study to the joint legislative audit committee that compares building project costs at the University of Wisconsin System with building project costs at other public universities.

(8q) Study on joint academic programs. By January 1, 2007, the Board of Regents of the University of Wisconsin System and the Board of Trustees of the Medical College of Wisconsin shall submit a report to the joint committee on finance on the feasibility of creating joint academic programs that would reduce worker shortages in fields that are critical to the economic development of southeastern Wisconsin and that would establish national leadership in academic areas. If the cochairpersons of the committee do not notify the Board of Regents and the Board of Trustees within 14 working days after the date of the report's submittal that the committee has scheduled a meeting to review the proposed joint academic programs, the joint academic programs may be implemented as proposed. If, within 14 working days after the date of the report's submittal, the cochairpersons of the committee notify the Board of Regents and the Board of Trustees that the committee has scheduled a meeting to review the proposed joint academic programs, the programs may be implemented only upon the committee's approval.

(9m) Higher education committee.

(a) There is created a committee to study the public benefits of this state's public system of higher education, to expand baccalaureate degrees for this state's residents, to foster economic development, to provide a research environment to develop intellectual properties, and to assist in the development of new business. The committee shall consist of the president of the University of Wisconsin System, or his or her appointee; the chancellor of the University of Wisconsin System colleges, or his or her appointee; the president of the Wisconsin Technical College System, or his or her appointee; a currently enrolled University of Wisconsin System student; a University of Wisconsin System alumnus, a faculty member, and a chancellor or current regent, all appointed by the president of the University of Wisconsin System; a currently enrolled Wisconsin Technical College System student, a president of a technical college district, and a Wisconsin Technical College System board member, all appointed by the president of the Wisconsin Technical College System; a business leader, a former University of Wisconsin System executive officer, and a former regent, all appointed by the president of the University of Wisconsin System; and 4 current legislators, 2 from each party and 2 from both the assembly and senate, appointed by the respective leaders of the senate and assembly. The committee shall elect a chairperson from among its members, who shall call the committee's first meeting.

(b) The committee shall complete and submit its study to the joint committee on finance by August 1, 2006. The committee shall ensure that the study does at least all of the following:

1. Addresses the issue of how colleges and universities can provide access and quality education for all residents to further their human potential and ensure the state's economic future.

2. Determines the appropriate mixture of funding to support higher education in this state, including the relationship between general purpose revenue, tuition, financial aid, and philanthropic support.

3. Continues structural improvements, efficiencies, and economies in such activities as the committee on baccalaureate expansion, integration of administrative structure, and collaborative arrangements between campuses.

4. Collaborates among all of this state's key economic, social, and educational entities to achieve the intent of the Wisconsin Idea.

25,9153 Section 9153. Nonstatutory provisions; veterans affairs.

(1) Tuition reimbursement program emergency rules. The department of veterans affairs may promulgate emergency rules under section 227.24 of the statutes implementing section 45.20 of the statutes, as affected by this act. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, 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 emergency for a rule promulgated under this subsection.

(1f) Payment of certain tuition and part-time classroom courses. From the appropriation account under section 20.485 (2) (tf) of the statutes, the department of veterans affairs may expend not more than $1,020,000 in fiscal year 2005-06 to fund payments under sections 45.25 and 45.396, 2003 stats., for course work completed before July 1, 2005.

(2) Massage therapists and bodyworkers.

(a) Definitions. In this Section:

1. "Board" means the educational approval board.

2. "Department" means the department of regulation and licensing.

(b) Transfer of transitional duties. Any application received by the board under 2001 Wisconsin Act 74, section 23 (5) (a) that is pending with the board on the effective date of this paragraph is transferred to the department and all materials submitted to or actions taken by the board with respect to the pending application are considered as having been submitted to or taken by the department.

(3k) Assistance to needy veterans and families emergency rules. The department of veterans affairs may promulgate an emergency rule under section 227.24 of the statutes implementing section 45.40 (3m) of the statutes, as affected by this act. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, 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.

25,9154 Section 9154. Nonstatutory provisions; workforce development.

(1f) Report on certain Wisconsin Works results. Not later than December 1, 2006, the department of workforce development shall submit a report to the joint committee on finance that provides information about all of the following issues related to Wisconsin Works:

(a) The success of each Wisconsin Works agency in placing Wisconsin Works participants into unsubsidized jobs.

(b) The wages earned by former Wisconsin Works participants.

(d) The results of efforts made by the department of workforce development and each Wisconsin Works agency to ensure that adequate training is provided to all staff persons of the Wisconsin Works agency.

(e) The appropriateness and effectiveness of work, education, and training activities into which Wisconsin Works participants are placed by each Wisconsin Works agency.

(1k) Child care subsidy copayments. The department of workforce development shall increase the copayment amounts specified in the copayment schedule under section 49.155 (5) of the statutes by 15 percent, beginning with fiscal year 2005-06.

(1q) Elimination of governor's work-based learning board.

(a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of workforce development that are primarily related to the technical preparation program administered by the governor's work-based learning board that is being transferred to the technical college system board under this act, as determined by the secretary of administration, shall become the assets and liabilities of the technical college system board.

(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of workforce development that is primarily related to the technical preparation program administered by the governor's work-based learning board that is being transferred to the technical college system board under this act, as determined by the secretary of administration, is transferred to the technical college system board.

1. All contracts entered into by the department of workforce development or the governor's work-based learning board that are primarily related to the technical preparation program that is being transferred to the technical college system board under this act, as determined by the secretary of administration, and that are in effect on the effective date of this subdivision remain in effect and are transferred to the technical college system board. The technical college system board shall carry out any obligations under such a contract until the contract is modified or rescinded by the technical college system board to the extent allowed under the contract.

2. All contracts entered into by the governor's work-based learning board that are primarily related to the youth apprenticeship program under section 106.13, 2003 stats., as determined by the secretary of administration, and that are in effect on the effective date of this subdivision, remain in effect and are transferred to the department of workforce development. The department of workforce development shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of workforce development to the extent allowed under the contract.

(d) Rules and orders.

1. All rules promulgated by the governor's work-based learning board that are in effect on the effective date of this subdivision and that are primarily related to the technical preparation program that is being transferred to the technical college system board under this act, as determined by the secretary of administration, remain in effect until their specified expiration date or until amended or repealed by the technical college system board. All orders issued by the governor's work-based learning board that are in effect on the effective date of this subdivision and that are primarily related to the technical preparation program that is being transferred to the technical college system board under this act, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the technical college system board.

2. All rules promulgated by the governor's work-based learning board that are in effect on the effective date of this subdivision and that are primarily related to the youth apprenticeship program under section 106.13, 2003 stats., as determined by the secretary of administration, remain in effect until their specified expiration date or until amended or repealed by the department of workforce development. All orders issued by the governor's work-based learning board that are in effect on the effective date of this subdivision and that are primarily related to the youth apprenticeship program under section 106.13 of the statutes, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the department of workforce development.

(e) Pending matters.

1. Any matter pending with the governor's work-based learning board on the effective date of this subdivision and that is primarily related to the technical preparation program that is being transferred to the technical college system board under this act, as determined by the secretary of administration, is transferred to the technical college system board, and all materials submitted to or actions taken by the governor's work-based learning board with respect to the pending matter are considered as having been submitted to or taken by the technical college system board.

2. Any matter pending with the governor's work-based learning board on the effective date of this subdivision that is primarily related to the youth apprenticeship program under section 106.13, 2003 stats., as determined by the secretary of administration, is transferred to the department of workforce development, and all materials submitted to or actions taken by the governor's work-based learning board with respect to the pending matter are considered as having been submitted to or taken by the department of workforce development.

(f) Positions and employees.

1. The authorized FTE positions for the department of workforce development, funded from the appropriation under section 20.445 (7) (kb), 2003 stats., are decreased by 2.44 PR positions for the purpose of eliminating the governor's work-based learning board.

2. The authorized FTE positions for the department of workforce development, funded from the appropriation under section 20.445 (7) (kx), 2003 stats., are decreased by 2.16 PR positions for the purpose of eliminating the governor's work-based learning board.

3. The authorized FTE positions for the department of workforce development, funded from the appropriation under section 20.445 (7) (m), 2003 stats., are decreased by 5.4 FED positions for the purpose of eliminating the governor's work-based learning board.

4. On the effective date of this subdivision, all incumbent employees holding the positions specified in subdivisions 1. and 2. and all incumbent employees holding 3.2 of the positions specified in subdivision 3. are transferred to the technical college system board.

(g) Employee status. Employees transferred under paragraph (f) 4. shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the technical college system board that they enjoyed in the department of workforce development immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

25,9155 Section 9155. Nonstatutory provisions; other.

(1w) Attorney positions.

(a) In this subsection, "state agency" means an office, commission, department, independent agency, or board in the executive branch of state government, excluding the Board of Regents of the University of Wisconsin System, the department of employee trust funds, and the investment board.

(b) On June 30, 2007, 13.0 FTE attorney positions in all state agencies that are vacant on that date are eliminated. If fewer than 13.0 FTE attorney positions in all state agencies are vacant on June 30, 2007, there are eliminated the requisite number of FTE attorney positions, as identified by the secretary of administration, so that a total of 13.0 FTE attorney positions are eliminated.

(2) Lapse or transfer of certain appropriation balances from moneys allocated for legal services to the general fund .

(a) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, except as provided in paragraph (b ), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of the appropriations to state agencies, as defined in subsection (1w) (a), other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $724,900 during the 2006-07 fiscal year. The secretary of administration shall lapse or transfer these moneys from allocations for agency legal services that would have been provided in that fiscal year with funding from those appropriations.

(b) The secretary of administration may not lapse or transfer moneys to the general fund from any appropriation under paragraph (a ) if the lapse or transfer would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse or transfer would violate the federal or state constitution.

(3) Lapse or transfer of state operations appropriation balances to the general fund.

(a) 1. Notwithstanding section 20.001 (3) (a) to (c) of the statutes, except as provided in paragraph (b ), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of state operations appropriations, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $3 5,500,000 during the 2005-07 fiscal biennium. The secretary of administration shall lapse or transfer these moneys from allocations for human resources and payroll functions and for server and network support, from moneys saved as a result of restructuring of procurement contracts and changes to purchasing and procurement functions, and from efficiencies achieved as a result of space management improvements in that fiscal biennium under those appropriations.

2. Notwithstanding section 20.001 (3 ) (a) to (c) of the statutes, except as provided in paragraph (b), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of state operations appropriations, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $55,0 00 ,000 during the 2007-08 fiscal year and an amount equal to $55,000 ,000 during the 2008-09 fiscal year. The secretary of administration shall lapse or transfer these moneys from allocations for human resources and payroll functions and for server and network support, from moneys saved as a result of restructuring procurement contracts and changes to purchasing and procurement functions, and from efficiencies achieved as a result of space management improvements in the 2007-09 fiscal biennium under those appropriations.

(aq) 1. No later than September 1, 2006, the secretary of administration shall submit a report to the joint committee on finance categorizing the lapses and transfers that occurred under paragraph (a) during the 2005-06 fiscal year by state agency, fund, and appropriation account, and the projected lapses and transfers for the 2006-07 fiscal year by state agency, fund, and appropriation account.

2. No later than April 1, 2007, the secretary of administration shall submit a report to the joint committee on finance categorizing the lapses and transfers that occurred under paragraph (a) during the 2005-06 fiscal year by state agency, fund, and appropriation account; specifying the amount of all reimbursements paid by the state to the federal government during the 2005-06 fiscal year by state agency, fund, and appropriation account; and categorizing the projected lapses and transfers for the 2006-07 fiscal year by state agency, fund, and appropriation account.

(b) 1. The secretary of administration may not lapse or transfer moneys to the general fund under paragraph (a) from any appropriation under paragraph (a) if the lapse or transfer would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse or transfer would violate the federal or state constitution.

2. The secretary of administration may not lapse or transfer moneys to the general fund under paragraph (a) from any appropriation under subchapters VII and VIII of chapter 20 of the statutes.

(4) State agency payments relating to unfunded liabilities under the Wisconsin retirement system.

(a) The definitions in section 20.001 of the statutes are applicable in this subsection, except that "state agency" does not include the department of employee trust funds or the investment board.

(b) The secretary of administration shall determine for each state agency the amount that the state agency would have been required to expend under section 40.05 (2 ) (b) and (4) (b), (bc), and (bw) and subchapter IX of chapter 40 of the statutes during the 2005-07 fiscal biennium had the obligations under section 16.5 27 of the statutes not been issued, and each appropriation from which the moneys would have been expended. The secretary shall exclude from this determination any appropriation from which a lapse or transfer to pay any principal or interest amount on obligations issued under section 16.5 27 of the statutes would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse or transfer would violate the federal or state constitution .