Feed for /2009/related/acts/28 PDF
(4) (intro.) the The city health department shall prepare a report on fetal and infant mortality and morbidity in areas of the county that are encompassed by the zip codes 53402 to 53406. The report shall be derived, at least in part, from a multidisciplinary review of all fetal and infant deaths in the relevant year and shall specify causation found for the mortality and morbidity. The city health department shall submit the report to all of the following:
(b) The department of health and family services.
(c) The legislature, in the manner provided under section s. 13.172 (3) of the statutes.
28,3411 Section 3411. 2007 Wisconsin Act 20, section 9122 (1) is repealed.
28,3412 Section 3412. 2007 Wisconsin Act 20, section 9201 (1c) (a) is amended to read:
[2007 Wisconsin Act 20] Section 9201 (1c) (a) Notwithstanding sections 20.001 (3) (a) to (c) and 25.40 (3) of the statutes, but subject to paragraph (d), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of appropriations to executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $200,000,000 during the 2007-09 fiscal biennium and $200,000,000 during the 2009-11 fiscal biennium. This paragraph shall not apply to appropriations to the Board of Regents of the University of Wisconsin System and to the technical college system board.
28,3413 Section 3413. 2007 Wisconsin Act 20, section 9201 (1c) (b) is amended to read:
[2007 Wisconsin Act 20] Section 9201 (1c) (b) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, but subject to paragraph (d), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of appropriations to the Board of Regents of the University of Wisconsin System, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $25,000,000 during the 2007-09 fiscal biennium and $25,000,000 during the 2009-11 fiscal biennium from moneys allocated for University of Wisconsin System and campus administration.
28,3414 Section 3414. 2007 Wisconsin Act 20, section 9201 (1c) (c) is amended to read:
[2007 Wisconsin Act 20] Section 9201 (1c) (c) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, but subject to paragraph (d), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of appropriations to the technical college system board, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $1,000,000 during the 2007-09 fiscal biennium and $1,000,000 during the 2009-11 fiscal biennium.
28,3415 Section 3415. 2007 Wisconsin Act 20, section 9441 (6n) is repealed.
28,3416b Section 3416b. 2009 Wisconsin Act 2, section 9122 (1) (d) is amended to read:
[2009 Wisconsin Act 2] Section 9122 (1) (d) Independent rural hospital supplement. In state fiscal year 2008-09, from the appropriation account under section 20.435 (4) (b) of the statutes and, if the federal government authorizes federal financial participation under the federal Medicaid program for payments under this paragraph, from the appropriation account under section 20.435 (4) (o) of the statutes, the department of health services shall pay independent, rural, hospitals that are in counties that border another state and that are not critical access hospitals one of the following amounts:
1. If the percentage of the hospital's gross patient revenue that is attributable to the Medical Assistance Program under subchapter IV of chapter 49 of the statutes is less than 7 percent, $250,000 $750,000.
2. If the percentage of the hospital's gross patient revenue that is attributable to the Medical Assistance Program under subchapter IV of chapter 49 of the statutes is equal to or greater than 7 percent, $500,000 $1,000,000.
28,3416bg Section 3416bg. 2009 Wisconsin Act 2, section 9131 (1) (b) is amended to read:
[2009 Wisconsin Act 2] Section 9131 (1) (b) Expenditure of federal economic stimulus funds for purposes other than transportation. As soon as practical after the receipt of any federal economic stimulus funds, the governor shall submit to the joint committee on finance a plan or plans for the expenditure of the federal economic stimulus funds for all purposes, other than transportation purposes. After receiving the plan or plans, the cochairpersons of the joint committee on finance may direct the governor to implement the plan or plans. In lieu of directing the governor to implement the plan or plans, the cochairpersons shall convene a meeting of the joint committee on finance within 14 days after the plan or plans are submitted to either approve or modify and approve the plan or plans. The governor shall then implement the plan or plans as approved by the committee. This paragraph shall not apply to federal economic stimulus funds the expenditure of which is contained in any bill introduced in either house of the legislature at the request of the governor the 2009-11 biennial budget act.
28,3416br Section 3416br. 2009 Wisconsin Act 2, section 9131 (1) (c) is amended to read:
[2009 Wisconsin Act 2] Section 9131 (1) (c) Expenditure of federal economic stimulus funds for transportation purposes. As soon as practical after the receipt of any federal economic stimulus funds, the governor shall submit to the joint committee on finance a plan or plans for the expenditure of the federal economic stimulus funds for transportation purposes. After receiving the plan or plans, the cochairpersons of the joint committee on finance may direct the governor to implement the plan or plans. In lieu of directing the governor to implement the plan or plans, the cochairpersons shall convene a meeting of the joint committee on finance within 14 days after the plan or plans are submitted to either approve or modify and approve the plan or plans. The governor shall then implement the plan or plans as approved by the committee. This paragraph shall not apply to federal economic stimulus funds the expenditure of which is contained in any bill introduced in either house of the legislature at the request of the governor, including federal economic stimulus funds specified in Section 9150 (1) (b) 1. or contained in the 2009-11 biennial budget act.
28,3416d Section 3416d. 2009 Wisconsin Act 2, section 9201 (1) (b) is amended to read:
[2009 Wisconsin Act 2] Section 9201 (1) (b) Notwithstanding section 20.001 (3) (a) to (c) and 25.40 (3) of the statutes, but subject to paragraph (c), the secretary of administration shall lapse or transfer to the general fund from the unencumbered balances of appropriations to executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $125,000,000 before July 1, 2011, less the amount lapsed under paragraph (c) 3. The amounts lapsed or transferred under this paragraph shall be in addition to the amounts lapsed or transferred under 2007 Wisconsin Act 20, section 9201 (1c) (a) to (c). The amount required to be lapsed or transferred under this paragraph is increased by an additional $354,807,600 from available balances in appropriations and funds.
28,3416f Section 3416f. 2009 Wisconsin Act 2, section 9201 (1) (c) 3. is amended to read:
[2009 Wisconsin Act 2] Section 9201 (1) (c) 3. The cochairpersons of the joint committee on legislative organization shall take actions before July 1, 2011, to ensure that from general purpose revenue appropriations to the legislature under section 20.765 of the statutes an amount equal to $500,000 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both. The amount required to be lapsed or subtracted under this subdivision is increased by an additional $12,205,000.
28,3416fm Section 3416fm. 2009 Wisconsin Act 15, section 31 (1) (a) 2. is amended to read:
[2009 Wisconsin Act 15] Section 31 (1) (a) 2. "County department" means the Milwaukee County department of social services under section 49.215 46.215 of the statutes.
28,3416g Section 3416g. 2009 Wisconsin Act 19, section 12 (2) is repealed.
28,3416h Section 3416h. 2009 Wisconsin Act 19, section 13 (1) is amended to read:
[2009 Wisconsin Act 19] Section 13 (1) Child safety alarms in child care vehicles. Except as provided in subsection (2), this This act first applies to a child care vehicle, as defined in section 48.658 (1) (b) of the statutes, as created by this act, that is used to transport children to or from a child care provider, as defined in section 48.658 (1) (a) of the statutes, as created by this act, on the effective date of this subsection.
28,3416i Section 3416i. 2009 Wisconsin Act 19, section 13 (2) is repealed.
28,3416j Section 3416j. 2009 Wisconsin Act 19, section 14 (intro.) is amended to read:
[2009 Wisconsin Act 19] Section 14 Effective dates. (intro.) This act takes effect on the first day of the 12th month beginning August 1, 2009, or on the day after publication of the 2009-11 biennial budget act, whichever is later, except as follows:
28,9101 Section 9101. Nonstatutory provisions; Administration.
(1f) Low-income assistance.
(a) In this subsection:
1. "Department" means the department of administration.
2. "Electric utility" has the meaning given in section 16.957 (1) (g) of the statutes.
2m. "Federal economic stimulus funds" means federal moneys received by the state, pursuant to federal legislation enacted during the 111th Congress for the purpose of reviving the economy of the United States.
3. "Low-income assistance fee" means the fee that electric utilities are required to charge customers under section 16.957 (4) (a) of the statutes.
3m. "Stimulus portion" means the portion of moneys received under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 in a fiscal year that is attributable to, as determined by the secretary of administration, the federal economic stimulus funds received in that fiscal year.
(b) Notwithstanding section 16.957 (4) (c) of the statutes, $9,139,700 shall be added to the amounts collected for low-income assistance fees for a fiscal year under the rules promulgated under section 16.957 (4) (b) of the statutes. The department shall take the actions it determines are necessary to ensure that electric utilities charge customers the additional amounts for low-income assistance fees required under this paragraph.
(c) Paragraph (b) applies to fiscal years 2009-10 and 2010-11.
(cm) Notwithstanding section 16.957 (4) (c) 1. of the statutes, in determining the amount of the low-income assistance fee for fiscal years 2009-10 and 2010-11, the stimulus portion received in the fiscal year shall be deducted from the sum of the amounts specified in section 16.957 (4) (c) 1. a. to c. of the statutes for that fiscal year.
(dm) In fiscal years 2009-10 and 2010-11, in determining whether the amount required under section 16.957 (2) (a) of the statutes, as affected by this act, is spent for weatherization or other energy conservation services, the amount of the stimulus portion spent for those purposes shall not be considered.
(3) Alternatives to prosecution and incarceration for persons who use alcohol or drugs. For each of calendar years 2010 and 2011, the office of justice assistance shall award the county with the highest crime rate among counties having a population of 500,000 or more, as reported by the office, a grant under section 16.964 (12) (b) of the statutes, as affected by this act, in the amount of $371,200 if the county submits to the office by December 1 of the preceding year an application that demonstrates that the county shall use the grant funds to implement a program that satisfies the conditions under section 16.964 (12) (c) of the statutes. Notwithstanding section 16.964 (12) (b) of the statutes, as affected by this act, the office of justice assistance shall make the grant under this subsection from the appropriation under section 20.505 (6) (n) of the statutes.
(4) Assess, inform, and measure grant.
(a) From the appropriation under section 20.505 (6) (n) of the statutes, the office of justice assistance shall provide the county that has the highest crime rate among counties having a population of 500,000 or more, as reported by the office, $495,000 in each of calendar years 2010 and 2011 to conduct presentencing assessments if the county submits to the office by December 1 of the preceding year a plan that provides for all of the following:
1. Identification of a target group of offenders, from among persons who are convicted of a Class F, G, H, or I felony or a misdemeanor, whom the county shall assess.
2. Assessment of offenders in the target group to determine the risk that they will commit further crimes, their needs that are directly related to criminal behavior, the likelihood that they will respond positively to community-based treatment for the assessed needs, and an assessment of the availability of community-based treatment programs to serve the offenders.
3. Collection and dissemination of information relating to the accuracy of assessments performed, the value and usefulness of information contained in the assessment reports for purposes of making sentencing decisions, the effectiveness of community-based treatment programs in addressing the assessed needs of offenders, and the effect of the treatment programs with respect to recidivism.
4. Annual evaluation of the plan.
(b) At least 50 percent of the assessments performed by a county with funding provided under this subsection shall be of persons subject to sentencing in connection with a felony.
(5) Wisconsin Covenant Scholars Program.
(a) Rules. The department of administration shall submit in proposed form the rules required under section 39.437 (5) of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 12th month beginning after the effective date of this paragraph.
(b) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of administration may promulgate the rules required under section 39.437 (5) of the statutes, as affected by this act, for the period before the effective date of the permanent rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of administration 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.
(6) Youth diversion grant reductions.
(a) Notwithstanding the amount specified under section 16.964 (8) (a) of the statutes, the office of justice assistance in the department of administration shall reduce the amount of money allocated under section 16.964 (8) (a) of the statutes by $20,400 in each of fiscal years 2009-10 and 2010-11.
(b) Notwithstanding the amounts specified under section 16.964 (8) (c) of the statutes, the office of justice assistance in the department of administration shall reduce the amount of money allocated for each of the 4 contracts that are funded with moneys from the appropriation accounts under section 20.505 (1) (kh) of the statutes, as created by this act, and section 20.505 (6) (d) and (kj) of the statutes by $11,800 in each of fiscal years 2009-10 and 2010-11 and shall reduce the amount of money allocated for the contract that is funded only with moneys from the appropriation account under section 20.505 (6) (kj) of the statutes by $9,000 in each of fiscal years 2009-10 and 2010-11.
(6f) Grant for juvenile crime prevention. Beginning on January 1, 2011, from the appropriation accounts under section 20.505 (6) (n) or (p) of the statutes, the office of justice assistance in the department of administration shall provide a 3-year grant, totaling $112,500 to the Cops-N-Kids Reading Program in the city of Racine.
(6q) Byrne justice assistance grants. The office of justice assistance in the department of administration shall distribute $338,900 in fiscal year 2009-10 and $432,300 in fiscal year 2010-11 of the federal Byrne Justice Assistance Grant awards appropriated under section 20.505 (6) (n) of the statutes to the department of corrections under section 20.410 (1) (kx) of the statutes to expand the earned release program at the Robert E. Ellsworth Correctional Center and the operating while intoxicated program at the Drug Abuse Correctional Center.
(8c) Transfer of human resources staff to the office of employment relations.
(a) In this subsection, "executive branch state agency" means any office, department, or independent agency in the executive branch of state government, other than the Board of Regents of the University of Wisconsin System, the department of employee trust funds, the department of justice, the investment board, the department of public instruction, the office of the state public defender, and the office of any district attorney.
(b) Before July 1, 2011, the secretary of administration may develop a proposal for the consolidation of the human resources functions of executive branch state agencies in the office of state employment relations. The proposal shall specifically identify all authorized FTE positions to executive branch state agencies that are responsible for the performance of human relations functions for those agencies, and shall calculate the number of FTE positions to be transferred to the office of state employment relations to perform the human relations functions for executive branch state agencies and the number of FTE positions to be abolished.
(c) If the secretary of administration develops a proposal under paragraph (b), the secretary shall submit the proposal, in writing, to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposal within 14 working days after the date of receipt of the proposal, the secretary may implement the proposal. If, within 14 working days after the date of receipt of the proposal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposal, the secretary may implement the proposal only on approval of the committee.
(d) Employees transferred to the office of state employment relations pursuant to a proposal approved under paragraph (c) shall have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the office of state employment relations that they enjoyed in the executive branch state agencies from which they were transferred 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.
(e) The authorized FTE positions for the office of state employment relations, funded from the appropriation under section 20.545 (1) (k) of the statutes, as affected by this act, are increased by the number of individuals transferred to the office of state employment relations under paragraph (c), for the purpose of providing human resources services to state agencies. Such positions shall be PR positions.
(f) Before July 1, 2011, if any employees are transferred under paragraph (c), the secretary of administration shall submit to the cochairpersons of the joint committee on finance a report on the implementation of the transfer of employees who perform human relations functions to the office of state employment relations.
(10) Child advocacy center grant reductions. Notwithstanding the amount specified under section 16.964 (14) (intro.) of the statutes, the office of justice assistance in the department of administration shall reduce the amount of money provided for each of the child advocacy centers listed in section 16.964 (14) (a) to (n) of the statutes by $200 in each of fiscal years 2009-10 and 2010-11.
(11x) Generator for the town of Oakland. From the appropriation under section 20.505 (6) (mb) of the statutes, the office of justice assistance shall award a grant of $10,000 to the town of Oakland in Jefferson County in the first fiscal year of the fiscal biennium in which this subsection takes effect for the purchase of an emergency generator.
(11y) Rule-making related to traffic stop information collection and analysis. The office of justice assistance in the department of administration shall submit in proposed form the rules required under section 16.964 (16) (b) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than February 1, 2010.
(12x) Report related to traffic stop information collection and analysis.
(a) In this subsection:
1. "Program costs" means the costs to implement and administer the requirements to collect traffic stop information under sections 16.964 (16) and 349.027 of the statutes, as created by this act.
2. "System" means an information technology system to implement the traffic stop information collection required under sections 16.964 (16) and 349.027 of the statutes, as created by this act.
(b) The secretary of administration shall submit a report to the joint committee on finance addressing all of the following:
1. The feasibility of developing the system.
2. The estimated initial development costs for the system and how the cost estimates were derived.
3. The estimated ongoing costs for the system and how the cost estimates were derived.
4. Timelines for development of the system.
5. The estimated costs to each participating state and local law enforcement agency, on a one-time and on an ongoing basis, to acquire any necessary system hardware and software, for any necessary communication lines, and for program costs.
6. The estimated costs to the office of justice assistance in the department of administration, on a one-time and on an ongoing basis, to acquire any necessary system hardware and software, for system maintenance, for any necessary communication lines, for staffing to compile and analyze the traffic stop information and produce any required reports, for staffing to administer the office's other responsibilities under section 16.964 (16) of the statutes, as created by this act, and for any other program costs.
7. Funding sources for the system and program costs sufficient to cover estimated system and program costs.
(c) If the cochairpersons of the joint committee on finance do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the report submitted under paragraph (b) within 14 working days after the date that the report is submitted, the report is approved. If, within 14 working days after the date that the report is submitted, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the report submitted under paragraph (b), the report is not approved. System development may not begin prior to the approval of the report, as originally submitted, or as modified by the joint committee on finance.
(13f) Restorative justice grant. From the appropriation to the department of administration under section 20.505 (6) (br), as created by this act, the office of justice assistance shall award $50,000 to Restorative Justice Programs, Inc., in the first fiscal year of the fiscal biennium in which this subsection takes effect for restorative justice programs.
28,9103 Section 9103. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.
(1) Emergency rules; weights and measures. The department of agriculture, trade and consumer protection may promulgate rules to establish the initial amount of a fee or surcharge under section 98.16 (3) (intro.) of the statutes, as affected by this act, or sections 98.16 (2m) (a) or (b), 98.224 (2) (c) 1., 2., or 3., 98.245 (7m) (c) 1., 2., or 3., or 98.255 (2) of the statutes, as created by this act, as emergency rules under section 227.24 of the statutes. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until January 1, 2011, or the date on which permanent rules take effect, whichever is sooner. 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) Soil and water management funding. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 2011-13 biennial budget bill, the department of agriculture, trade and consumer protection shall submit information concerning the appropriation under section 20.115 (7) (qf) of the statutes as though the amount appropriated for the 2010-11 fiscal year had been $308,000 more than was actually appropriated.
(2) Vehicle tank meter license surcharge. Notwithstanding section 98.224 (2) (c) 2. of the statutes, as created by this act, the department of agriculture, trade and consumer protection may not collect a surcharge from an applicant who has operated a vehicle tank meter without a license unless the unlicensed operation occurred after the effective date of this subsection.
(2f) Purchase of agricultural conservation easement rules. Using the procedure under section 227.24 of the statutes, the department of agriculture, trade and consumer protection may promulgate the rule required under section 93.73 (14) of the statutes, as created by this act, for the period before the effective date of the permanent rule, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department 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.
(3) Agricultural and vegetable seed rules. The department of agriculture, trade and consumer protection may use the procedure under section 227.24 of the statutes, to promulgate the rules required under section 94.45 (6) of the statutes, as affected by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until the first day of the 24th month beginning after the effective date of this subsection, or the date on which permanent rules are promulgated, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to determine 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.
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