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Date of enactment: February 19, 2009
2009 Senate Bill 62 Date of publication*: March 5, 2009
* Section 991.11, Wisconsin Statutes 2007-08 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2009 WISCONSIN ACT 2
An Act relating to: state finances and appropriations and making diverse other changes in the statutes.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
2,1 Section 1. 13.94 (1) (ms) of the statutes is created to read:
13.94 (1) (ms) No later than July 1, 2014, prepare a financial and performance evaluation audit of the economic development tax benefit program under ss. 560.701 to 560.706. The legislative audit bureau shall file a copy of the report of the audit under this paragraph with the distributees specified in par. (b).
2,2 Section 2. 13.94 (4) (a) 1. of the statutes is amended to read:
13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Fox River Navigational System Authority, the Lower Fox River Remediation Authority, and the Wisconsin Aerospace Authority, a professional baseball park district, a local professional football stadium district, a local cultural arts district and a long-term care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; development zones designated under s. 560.71; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.
2,3 Section 3. 15.09 (6) of the statutes is amended to read:
15.09 (6) Reimbursement for expenses. Members of a council shall not be compensated for their services, but, except as otherwise provided in this subsection, members of councils created by statute shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties, such reimbursement in the case of an elective or appointive officer or employee of this state who represents an agency as a member of a council to be paid by the agency which pays his or her salary. Members of the mortgage loan originator council under s. 15.187 (1) may not be reimbursed for their actual and necessary expenses incurred in the performance of their duties. Members of the agricultural education and workforce development council may not be reimbursed for their actual and necessary expenses incurred in the performance of their duties.
2,4 Section 4. 15.187 (1) (intro.), (a), (b) and (c) of the statutes are amended to read:
15.187 (1) Loan Mortgage loan originator review council. (intro.) There is created in the department of financial institutions a mortgage loan originator council. The council shall consist of the following members, appointed by the secretary of financial institutions for 4-year terms:
(a) Three Four persons who are mortgage loan originators registered licensed under s. 224.72 (1m) 224.725.
(b) One person who is an agent of a mortgage broker registered licensed under s. 224.72 (1m).
(c) One person who is an agent of a mortgage banker registered licensed under s. 224.72 (1m).
2,5 Section 5. 15.187 (1) (d) of the statutes is repealed.
2,6 Section 6. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table PDF
2,7 Section 7. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table PDF
2,8 Section 8. 20.143 (1) (c) of the statutes is amended to read:
20.143 (1) (c) Wisconsin development fund; grants, loans, reimbursements, and assistance. Biennially, the amounts in the schedule for grants and loans under s. 560.275 (2) and subch. V of ch. 560; for reimbursements under s. 560.167; for providing assistance under s. 560.06; for the costs specified in s. 560.607; for the loan under 1999 Wisconsin Act 9, section 9110 (4); for the grants under 1995 Wisconsin Act 27, section 9116 (7gg), 1995 Wisconsin Act 119, section 2 (1), 1997 Wisconsin Act 27, section 9110 (6g), 1999 Wisconsin Act 9, section 9110 (5), 2003 Wisconsin Act 33, section 9109 (1d) and (2q), and 2007 Wisconsin Act 20, section 9108 (4u), (6c), (7c), (7f), (8c), (8i), (9i), and (10q), and 2009 Wisconsin Act .... (this act), section 9110 (2 ) and (3); and for providing up to $100,000 annually for the continued development of a manufacturing and advanced technology training center in Racine. Of the amounts in the schedule, $50,000 shall be allocated in each of fiscal years 1997-98 and 1998-99 for providing the assistance under s. 560.06 (1).
2,9 Section 9. 20.143 (1) (gm) of the statutes is amended to read:
20.143 (1) (gm) Wisconsin development fund, administration of grants and loans. All moneys received from origination fees under s. 560.68 (3), and from transfer fees under s. 560.205 (3) (e), for administering the programs under subch. V of ch. 560 and for the costs of underwriting grants and loans awarded under subch. V of ch. 560.
2,10 Section 10. 20.143 (2) (b) of the statutes is amended to read:
20.143 (2) (b) Housing grants and loans; general purpose revenue. Biennially, the amounts in the schedule for grants and loans under s. 560.9803 and for grants under s. 560.9805 and for the grant under 2009 Wisconsin Act .... (this act), section 9110 (1 ).
2,11 Section 11. 20.435 (4) (gp) of the statutes is repealed.
2,12 Section 12. 20.435 (4) (jw) of the statutes is amended to read:
20.435 (4) (jw) BadgerCare Plus and hospital assessment administrative costs. Biennially, the amounts in the schedule to provide a portion of the state share of administrative costs for the BadgerCare Plus Medical Assistance program under s. 49.471. Ten and for administration of the hospital assessment under s. 50.38. All moneys transferred under s. 50.38 (9) and 10 percent of all moneys received from penalty assessments under s. 49.471 (9) (c) shall be credited to this appropriation account.
2,13 Section 13. 20.435 (4) (w) of the statutes is amended to read:
20.435 (4) (w) Medical Assistance trust fund. From the Medical Assistance trust fund, biennially, the amounts in the schedule for meeting costs of medical assistance administered under ss. 46.27, 46.275 (5), 46.278 (6), 46.283 (5), 46.284 (5), 49.45, and 49.472 (6), for refunds under s. 50.38 (6) (a), and for administrative costs associated with augmenting the amount of federal moneys received under 42 CFR 433.51.
2,14 Section 14. 20.435 (4) (xc) of the statutes is created to read:
20.435 (4) (xc) Hospital assessment fund; hospital payments. From the hospital assessment fund, the amounts in the schedule to reimburse eligible hospitals for services provided under the Medical Assistance Program under subch. IV of ch. 49, make payments to health maintenance organizations under s. 49.45 (59), provide supplemental funds to rural hospitals under s. 49.45 (5m) (am), make supplemental payments to Level I adult trauma centers under s. 49.45 (6y) (ap), make supplemental payments to hospitals based on performance under s. 49.45 (6y) (ar), make refunds under s. 50.38 (6), and make the transfer under s. 50.38 (8).
2,15 Section 15. 20.490 (3) of the statutes is created to read:
20.490 (3) Homeownership mortgage assistance. (a) Homeowner eviction lien protection program. As a continuing appropriation, the amounts in the schedule to operate the homeowner eviction and lien protection program under s. 234.605. Notwithstanding s. 20.001 (3) (c), at the close of fiscal year 2009-10, the unencumbered balance of this appropriation account shall lapse to the general fund.
2,16 Section 16. 20.566 (1) (ho) of the statutes is created to read:
20.566 (1) (ho) Collections under multistate streamlined sales tax project. From moneys collected under the multistate streamlined sales tax project as provided under s. 73.03 (28e), a sum sufficient to pay the dues necessary to participate in the governing board of the multistate streamlined sales tax project.
2,17 Section 17. 20.835 (2) (bd) of the statutes is created to read:
20.835 (2) (bd) Meat processing facility investment credit. A sum sufficient to make the payments under ss. 71.07 (3r), 71.28 (3r), and 71.47 (3r).
2,18 Section 18. 20.835 (2) (bn) of the statutes is amended to read:
20.835 (2) (bn) Dairy manufacturing facility investment credit. The amounts in the schedule to make the payments under ss. 71.07 (3p) (d) 2., 71.28 (3p) (d) 2., and 71.47 (3p) (d) 2.
2,19 Section 19. 20.835 (2) (bp) of the statutes is created to read:
20.835 (2) (bp) Dairy manufacturing facility investment credit; dairy cooperatives. A sum sufficient to make the payments under ss. 71.07 (3p) (d) 3., 71.28 (3p) (d) 3., and 71.47 (3p) (d) 3.
2,20 Section 20. 24.61 (4) of the statutes is amended to read:
24.61 (4) Loan limitations. Notwithstanding sub. (3), the board may not loan moneys to a county unless the governing body of the county demonstrates to the board's satisfaction that s. 67.045 (1) (a), (b), (c), (d), (e) or , (f), (g), or (h) applies.
2,21 Section 21. 24.63 (4) of the statutes is amended to read:
24.63 (4) Repayment before due date permitted. Any borrower after March 15 January 1 and prior to August September 1 of any year may repay one or more installments of a state trust fund loan in advance of the due date, and all interest upon such advance payment shall thereupon terminate. The board may charge a borrower who repays one or more installments of a loan a fee to cover any administrative costs incurred by the board in originating and servicing the loan.
2,22 Section 22. 24.66 (3) (am) of the statutes is amended to read:
24.66 (3) (am) For short-term loans by common, union high and 1st class city school districts. Every application for a loan, the required repayment of which is 10 years or less, shall be approved and authorized for a common, union high or 1st class city school district under par. (a) or under the procedure in s. 67.12 (12) (c), to the extent applicable.
2,23 Section 23. 24.66 (3) (bm) of the statutes is amended to read:
24.66 (3) (bm) For short-term loans by unified school districts. Every application for a loan, the required repayment of which is 10 years or less, shall be approved and authorized for a unified school district under par. (b) or under the procedure in s. 67.12 (12) (c), to the extent applicable.
2,24 Section 24. 24.66 (3) (c) of the statutes is created to read:
24.66 (3) (c) Alternative short-term loan process for all school districts. 1. If the procedure in par. (a) or (b) is not used for the approval of a school district loan, the required repayment of which is 10 years or less, the governing body of the school district, before any certificate of indebtedness is issued, shall adopt and record a resolution specifying the purposes and the maximum amount of the certificate of indebtedness issued.
2. Unless the purpose and amount of the borrowing have been approved by the electors under s. 67.05 (6a) or considered approved by the electors under s. 67.05 (7) (d) 3., the purpose is to refund any outstanding obligation, the purpose is to pay unfunded prior service liability contributions under the Wisconsin Retirement System if all of the proceeds of the note will be used for that purpose, or the borrowing would not be subject to a referendum as a bond issue under s. 67.05 (7) (cc), (h), or (i), or s. 67.12 (12) (e) 2g., (f), or (h) applies, the school district clerk shall, within 10 days after a governing body of a school district adopts a resolution as described above to issue a certificate of indebtedness, publish notice of such adoption as a class 1 notice, under ch. 985. Alternatively, the notice may be posted as provided under s. 10.05. The notice need not set forth the full contents of the resolution, but shall state the maximum amount proposed to be borrowed, the purpose thereof, that the resolution was adopted under this subsection, and the place where, and the hours during which, the resolution may be inspected. If, within 30 days after publication or posting, a petition conforming to the requirements of s. 8.40 is filed with the school district clerk for a referendum on the resolution signed by at least 7,500 electors of the district or at least 20 percent of the number of district electors voting for governor at the last general election, as determined under s. 115.01 (13), whichever is the lesser, then the resolution shall not be effective unless adopted by a majority of the district electors voting at the referendum. The referendum shall be called in the manner provided under s. 67.05 (6a), except that the question which appears on the ballot shall be "Shall .... (name of district) borrow the sum of $.... for (state purpose) by issuing its general obligation promissory note (or notes) under section 24.66 (3) of the Wisconsin Statutes?". If a governing body of a school district adopts a resolution to borrow a sum of money under this subsection and a sufficient petition for referendum is not filed within the time permitted, then the power of the governing body of a school district to borrow the sum and expend the sum for the purpose stated shall be deemed approved by the school district electors upon the expiration of the time for filing the petition.
3. If the governing body of a school district adopts a resolution to borrow a sum of money under this subsection, and if subd. 2. does not apply, the governing body of a school district has the power to borrow and spend the sum for the purpose stated without the approval of the electors of the school district.
2,25 Section 25. 24.70 (4) of the statutes is amended to read:
24.70 (4) Payment to secretary of administration board. The treasurer of each municipality shall transmit to the secretary of administration on his or her board on its order the full amount levied for state trust fund loans within 15 days after March 15. Each cooperative educational service agency shall similarly transmit the annual amount owed on any state trust fund loan made to the agency by that date. The secretary of administration shall notify the board when he or she receives payment. Any payment not made by March 30 is delinquent and is subject to a penalty of one percent per month to be paid to the secretary of administration board with the delinquent payment.
2,26 Section 26. 24.71 (4) of the statutes is amended to read:
24.71 (4) Payment to secretary of administration board. The school district treasurer shall transmit to the secretary of administration board the full amount levied for state trust fund loans within 15 days after March 15. The secretary of administration shall notify the board when he or she receives payment. Any payment not made by March 30 is delinquent and is subject to a penalty of one percent per month or fraction thereof, to be paid to the secretary of administration board with the delinquent payment.
2,27 Section 27. 24.715 (3) of the statutes is amended to read:
24.715 (3) Payment to state treasurer board. The system board shall transmit to the state treasurer board on its own order the full amount levied for state trust fund loans within 15 days after March 15. The state treasurer shall notify the board when he or she receives payment. Any payment not made by March 30 is delinquent and is subject to a penalty of one percent per month or fraction thereof, to be paid to the state treasurer board with the delinquent payment.
2,28 Section 28. 24.716 (3) of the statutes is amended to read:
24.716 (3) Payment to secretary of administration board. The district board shall transmit to the secretary of administration board on its own order the full amount levied for state trust fund loans within 15 days after March 15. The secretary of administration shall notify the board when he or she receives payment. Any payment not made by March 30 is delinquent and is subject to a penalty of 1 percent per month or fraction thereof, to be paid to the secretary of administration board with the delinquent payment.
2,29 Section 29. 25.17 (1) (gs) of the statutes is created to read:
25.17 (1) (gs) Hospital assessment fund (s. 25.772);
2,30 Section 30. 25.77 (11) of the statutes is created to read:
25.77 (11) All moneys transferred under s. 50.38 (8).
2,31 Section 31. 25.77 (12) of the statutes is created to read:
25.77 (12) All moneys recouped and deposited under s. 50.38 (6) (a) 4.
2,32 Section 32. 25.772 of the statutes is created to read:
25.772 Hospital assessment fund. There is established a separate nonlapsible trust fund designated as the hospital assessment fund, to consist of all moneys received under s. 50.38 (2) from assessments on hospitals and all moneys recouped and deposited under s. 50.38 (6) (a) 3.
2,33 Section 33. 38.41 (3) (d) of the statutes is created to read:
38.41 (3) (d) Beginning in the 2008-09 school year, the board shall award at least $1,000,000 annually under sub. (1) for training in advanced manufacturing skills, with priority given to welding.
2,34 Section 34. 46.27 (9) (a) of the statutes is amended to read:
46.27 (9) (a) The department may select up to 5 counties that volunteer to participate in a pilot project under which they will receive certain funds allocated for long-term care. The department shall allocate a level of funds to these counties equal to the amount that would otherwise be paid under s. 20.435 (4) (b), (gp), or (w) to nursing homes for providing care because of increased utilization of nursing home services, as estimated by the department. In estimating these levels, the department shall exclude any increased utilization of services provided by state centers for the developmentally disabled. The department shall calculate these amounts on a calendar year basis under sub. (10).
2,35 Section 35. 46.27 (10) (a) 1. of the statutes is amended to read:
46.27 (10) (a) 1. The department shall determine for each county participating in the pilot project under sub. (9) a funding level of state medical assistance expenditures to be received by the county. This level shall equal the amount that the department determines would otherwise be paid under s. 20.435 (4) (b), (gp), or (w) because of increased utilization of nursing home services, as estimated by the department.
2,36 Section 36. 46.275 (5) (a) of the statutes is amended to read:
46.275 (5) (a) Medical Assistance reimbursement for services a county, or the department under sub. (3r), provides under this program is available from the appropriation accounts under s. 20.435 (4) (b), (gp), (o), and (w). If 2 or more counties jointly contract to provide services under this program and the department approves the contract, Medical Assistance reimbursement is also available for services provided jointly by these counties.
2,37 Section 37. 46.275 (5) (c) of the statutes is amended to read:
46.275 (5) (c) The total allocation under s. 20.435 (4) (b), (gp), (o), and (w) to counties and to the department under sub. (3r) for services provided under this section may not exceed the amount approved by the federal department of health and human services. A county may use funds received under this section only to provide services to persons who meet the requirements under sub. (4) and may not use unexpended funds received under this section to serve other developmentally disabled persons residing in the county.
2,38 Section 38. 46.283 (5) of the statutes is amended to read:
46.283 (5) Funding. From the appropriation accounts under s. 20.435 (4) (b), (bm), (gp), (pa), and (w) and (7) (b), (bd), and (md), the department may contract with organizations that meet standards under sub. (3) for performance of the duties under sub. (4) and shall distribute funds for services provided by resource centers.
2,39 Section 39. 46.284 (5) (a) of the statutes is amended to read:
46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g), (gp), (im), (o), and (w) and (7) (b), (bd), and (g), the department shall provide funding on a capitated payment basis for the provision of services under this section. Notwithstanding s. 46.036 (3) and (5m), a care management organization that is under contract with the department may expend the funds, consistent with this section, including providing payment, on a capitated basis, to providers of services under the family care benefit.
2,40 Section 40. 46.485 (2g) (intro.) of the statutes is amended to read:
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