c. If there are sufficient funds, decrease the percentage of aid reduction of the 2 school districts under subdivision 2. b., which now have identical percentages of aid reduction, to that of the school district with the 3rd greatest percentage of aid reduction.
d. Continue down the list of school districts, decreasing the percentage of aid reduction of the school districts with the greatest percentage of aid reduction to that of the school district with the next greatest percentage of aid reduction until the total amount to be distributed to school districts under this subdivision is depleted. If the total amount to be distributed is insufficient to complete any individual reduction, the department shall nevertheless decrease the percentage of aid reduction of the school districts with the greatest percentage of aid reduction to as close as possible to that of the school district with the next greatest percentage of aid reduction.
(2c) Environmental education consultant. The authorized FTE positions for the department of public instruction are increased by 1.0 SEG position, to be funded from the appropriation under section 20.255 (1) (q) of the statutes, as created by this act, for an environmental education consultant.
(2q) Open enrollment program; limits. Notwithstanding section 118.51 (16) of the statutes, no school district located in whole or in part in Milwaukee County may receive more in additional state aid in the 2009-10 school year as a result of accepting pupils who reside in the Milwaukee Public Schools under the open enrollment program than the school district received in additional state aid in the 2008-09 school year as a result of accepting pupils who reside in the Milwaukee Public Schools under the open enrollment program.
(2x) Energy efficiency measures; rules. Using the procedure under section 227.24 of the statutes, the department of public instruction may promulgate the rules required under section 121.91 (4) (o) 1. of the statutes, as created by this act, for the period before the effective date of the permanent rule promulgated under that section 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 public instruction 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.
(3)
Milwaukee Parental Choice Program fees; rules. By the first day of the 3rd month beginning after the effective date of this subsection, using the procedure under section 227.24 of the statutes, the department of public instruction shall promulgate a rule specifying the amount of the fee under section 119.23 (2) (a) 3. of the statutes, as affected by this act, for the period before the effective date of the permanent rule promulgated specifying the fee 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 public instruction 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.
(4) Milwaukee Parental Choice Program fees; fees for the 2009-10 school year. Notwithstanding section 119.23 (2) (a) 3. of the statutes, as affected by this act, each private school participating in the program under section 119.23 of the statutes in the 2009-10 school year shall pay the fee required under section 119.23 (2) (a) 3. of the statutes, as affected by this act, no later than 30 days after the effective date of the rule promulgated under subsection (3).
(4r) Milwaukee parental choice program teacher credentials; emergency rules.
(a) The department of public instruction shall submit in proposed form the rules required under section 119.23 (2) (a) 6. c. of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this paragraph.
(b) Using the procedure under section 227.24 of the statutes, the department of public instruction may promulgate rules required under section 119.23 (2) (a) 6. c. of the statutes, as created by this act, for the period before the effective date of the 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 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.
(5i) Global Academy. From the appropriation account under section 20.255 (2) (er) of the statutes, as created by this act, in the 2009-10 fiscal year the department of public instruction shall award a $50,000 grant to the consortium of 7 school districts in Dane County known as the Global Academy to support planning and development.
(5x) Future budget request proposing a driver education grant program. In submitting information under section 16.42 of the statutes for purposes of the 2011-13 biennial budget act, the department of public instruction shall include a proposal for a driver education grant program and proposed administrative rules for the program.
(6i) Distance learning. From the appropriation account under section 20.255 (2) (es) of the statutes, as created by this act, in the 2009-10 fiscal year the department of public instruction shall award a $50,000 grant to the Chequamegon School District for a distance learning lab.
(7u) First class city school district; construction projects. The board of school directors in charge of the public schools of a 1st class city shall ensure that at least 30 percent of the number of full-time equivalent employees hired to work on school district construction projects funded in whole or in part with federal economic stimulus funds
, as defined in s. 16.705 (9) (a) of the statutes, as created by this act, or by a federal interest rate subsidy on bonds, reside within the community development block grant area located in the 1st class city, as determined by the board of school directors.
(9i) School District Grants. From the appropriation under section 20.255 (2) (de) of the statutes, as created by this act, in the 2009-10 fiscal year the department of public instruction shall pay $60,000 to each of the following school districts for the specified purposes:
(a) Pepin Area, for technology improvements and technology to install a distance learning lab.
(b) Cochrane-Fountain City, for transportation, class-size reduction, and comprehensive education.
(c) Plum City, for transportation and specialized instruction.
28,9141
Section 9141.
Nonstatutory provisions; Public Service Commission.
(1j) Initial members of 911 council. Notwithstanding the length of terms specified for the members of the 911 council under section 15.793 (1) (a) of the statutes, as created by this act, the initial members shall be appointed for the following terms:
(a) The members specified under section 15.793 (1) (a) 1., 2., 3., and 4. of the statutes, as created by this act, and one member specified under section 15.793 (1) (a) 5. of the statutes, as created by this act, for terms expiring on July 1, 2013.
(b) One member specified under section 15.793 (1) (a) 5. of the statutes, as created by this act, one member specified under section 15.793 (1) (a) 7. of the statutes, as created by this act, and the members specified under section 15.793 (1) (a) 6., 8., and 9. of the statutes, as created by this act, for terms expiring on July 1, 2014.
(c) One member specified under section 15.793 (1) (a) 7. of the statutes, as created by this act, and the members specified under section 15.793 (1) (a) 10., 11., 12., and 13. of the statutes, as created by this act, for terms expiring on July 1, 2015.
(2j) Enhanced 911 program position. The authorized FTE positions for the public service commission are increased by 1.0 SEG position, to be funded from the appropriation under section 20.155 (3) (r) of the statutes, as created by this act, for the purpose of administering the requirements of section 256.35 (3g) of the statutes, as created by this act.
28,9142
Section 9142.
Nonstatutory provisions; Regulation and Licensing.
(1) Medical board support. The secretary of regulation and licensing shall form a dedicated work unit in the department of regulation and licensing to support the work of the medical examining board and the affiliated credentialing boards attached to the medical examining board by performing all aspects of credential processing, examination, and complaint investigation, for any credential issued or renewed under chapter 448 of the statutes.
(1f) Chiropractic radiological technicians; exemptions from certain certification requirements. Notwithstanding section 446.025 of the statutes, as created by this act, the chiropractic examining board shall grant a certificate under section 446.025 (2) of the statutes, as created by this act, to an individual who before the first day of the 13th month beginning after the effective date of this subsection provides sufficient evidence to the chiropractic examining board that the individual satisfies the requirements for delegation of X-ray services under section 446.02 (7) of the statutes and continues to perform delegated X-ray services under the supervision of a chiropractor licensed under chapter 446 of the statutes on the effective date of this subsection and at the time the individual seeks an exemption from the certification requirements under this subsection.
(1g) Chiropractic technicians; exemptions from certain certification requirements. Notwithstanding section 446.026 of the statutes, as created by this act, the chiropractic examining board shall grant a certificate under section 446.026 (2) of the statutes, as created by this act, to an individual who before the first day of the 13th month beginning after the effective date of this subsection provides sufficient evidence to the chiropractic examining board that the individual satisfies the requirements for delegation of adjunctive services under section 446.02 (7) of the statutes and continues to perform delegated adjunctive services under the supervision of a chiropractor licensed under chapter 446 of the statutes on the effective date of this subsection and at the time the individual seeks an exemption from the certification requirements under this subsection.
(2u) Initial credential fee; medical examining board. Notwithstanding section 440.05 (1) (a) of the statutes, as affected by this act, for the 2009-11 fiscal biennium, the initial credential fee for credentials issued under chapter 448 of the statutes shall be $75.
28,9143
Section 9143.
Nonstatutory provisions; Revenue.
(1q) Emergency rules concerning
withholding and willful misclassification by certain contractors. The department of revenue may promulgate emergency rules under section 227.24 of the statutes
relating to the withholding requirements under section 71.64 (6m) of the statutes, as created by this act, and to define "willful misclassification," as that concept is used in section 71.65 (6) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of revenue 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.
(2) Internal revenue code update. Changes to the Internal Revenue Code made by Public Law 110-458 apply to the Internal Revenue Code definitions in chapter 71 of the statutes at the time that the changes first apply for federal tax purposes.
(2q) Expenditure restraint program.
(a) Notwithstanding section 79.05 (2) (c) of the statutes, as affected by this act, a municipality may increase its municipal budget, as defined in section 79.05 (1) (b) of the statutes, for 2010 beyond the amount otherwise allowed under section 79.05 of the statutes as specified under paragraph (b) and remain eligible for a payment under section 79.05 (3) of the statutes in 2011.
(b) The maximum allowable adjustment under paragraph (a) shall equal the difference between the municipality's entitlement under section 70.119 of the statutes, assuming that program is fully funded, and the municipality's actual payment received in 2009 under section 70.119 of the statutes. A municipality may claim the adjustment only if it does not finance any expenditures related to that additional expenditure authority with property tax revenues and the municipality submits a statement to that effect from its independent auditor to the department of revenue.
(3c) Municipal aid payment. Notwithstanding sections 79.02 (4) and 79.043 (6) of the statutes, as created by this act, for the distribution in 2010 and subsequent years, the city of Stanley shall receive a payment under sections 79.035 and 79.043 (6) of the statutes that is equal to the amount of the payment determined for the city of Stanley under section 79.02 (4) of the statutes in 2010, plus $37,200.
(3d) Omitted property. Notwithstanding section 70.44 (1) of the statutes, section 70.44 (1) of the statutes does not apply to property described under section 70.11 (4) (b), (4a), and (4d) of the statutes, as created by this act, for the years before 2009 during which the property was omitted from assessment.
(3q) Main street equity act; lease or rental. Section 77.51 (7) of the statutes, as affected by
2009 Wisconsin Act 2, first applies to lease and rental contracts entered into on October 1, 2009, and has no effect on a lease or rental contract entered into before October 1, 2009, until the lease or contract is renewed, extended, or modified on or after October 1, 2009.
(4u) Emergency rules for ambulatory surgical center assessment. Using the procedure under section 227.24 of the statutes, the department of revenue may promulgate the rule required under section 146.98 (5) of the statutes, as created by this act, for the period before the effective date of the permanent rule under that subsection, 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 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.
28,9150
Section 9150.
Nonstatutory provisions; Transportation.
(1) Transit authorities.
(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 section 66.1039 (2) (b) and (3) (a) of the statutes, as created by this act, the initial terms for the members appointed under section 66.1039 (3) (c) 1. and 4. of the statutes, as created by this act, shall be two years.
(c) Initial terms of Chippewa Valley regional transit authority. Notwithstanding the length of terms specified for members of the board of directors of the Chippewa Valley regional transit authority under section 66.1039 (2) (c) and (3) (a) of the statutes, as created by this act, the initial terms shall be 2 years for each of the following:
1. One of the members appointed under section 66.1039 (3) (d) 1. b. of the statutes, as created by this act.
2. One of the members appointed under section 66.1039 (3) (d) 1. c. of the statutes, as created by this act, if applicable.
3. Each member appointed under section 66.1039 (3) (d) 1. d. of the statutes, as created by this act.
(d) Initial terms of Chequamegon Bay regional transit authority. Notwithstanding the length of terms specified for members of the board of directors of the Chequamegon Bay regional transit authority under section 66.1039 (2) (e) and (3) (a) of the statutes, as created by this act, the initial terms shall be 2 years for each of the following:
1. One member from each county appointed under section 66.1039 (3) (f) 1. b. of the statutes, as created by this act.
2. Each of the members appointed under section 66.1039 (3) (f) 1. c. of the statutes, as created by this act.
(3) Baseball special plates. No later than the first day of the 3rd month beginning after the effective date of this subsection, the executive vice president of the Milwaukee Brewers Baseball Club LP shall consult with the department of transportation for all of the following purposes:
(a) To specify an initial design for the special group plates under section 341.14 (6r) (f) 60. of the statutes, as created by this act.
(b) To facilitate, if necessary, the department of transportation's obtaining of the approval described in section 341.14 (6r) (b) 1. of the statutes, as affected by this act.
(4c) Grant to village of Bellevue for street beautification project. In fiscal year 2009-10, from the appropriation under section 20.395 (2) (jq) of the statutes, as created by this act, the department of transportation shall award a grant to the village of Bellevue in Brown County for a street beautification project on Huron Road.
(4d) Highway project development report. No later than January 1, 2010, the department of transportation shall submit a report to the joint committee on finance that provides each of the following:
(a) An assessment of the most appropriate uses of consultants for highway project development.
(b) Recommendations of actions that the department and local governments may take to improve efficiency, cost-effectiveness, and timeliness of local road construction projects.
(c) Proposed legislative changes that may help meet the goals in paragraph (b).
(5b) Chippewa County rehabilitation project on CTH "X". In the 2009-11 fiscal biennium, from the appropriation under section 20.395 (2) (fx) of the statutes, the department of transportation shall provide funding for the rehabilitation of CTH "X" in Chippewa County between 57th Avenue and 184th Street if this rehabilitation project does not receive federal economic stimulus funding under Public Law 111-5. The amount of funds provided under this subsection shall be $430,000 or 80 percent of the total cost of the rehabilitation project, whichever is less.
(5bb) Grant to village of Footville for pedestrian path. In fiscal year 2009-10, from the appropriation under section 20.395 (2) (jr) of the statutes, as created by this act, the department of transportation shall award a grant to the village of Footville in Rock County for the construction of a pedestrian path.
(5c) Allocation of federal safety belt performance grant funds.
(a) In this subsection, "excess federal safety belt grant moneys" means any moneys in excess of $15,237,200 received by the department of transportation for fiscal year 2009-10 from any grant awarded under
23 USC 406.
(b) Excess federal safety belt grant moneys shall be credited to the appropriation under section 20.395 (3) (cx) of the statutes and allocated for safety-related infrastructure projects.
(5cc) Reconstruction project in the village of Bellevue. In the 2009-11 fiscal biennium, from the appropriation under section 20.395 (2) (fx) of the statutes, the department of transportation shall provide funding to the village of Bellevue in Brown County for the reconstruction of Manitowoc Road from Eaton Road to Allouez Avenue. The amount of funds provided under this subsection shall be $1,250,000 or 80 percent of the total cost of the reconstruction project, whichever is less.
(5d) Harbor assistance program report. No later than July 1, 2010, the department of transportation shall submit a report to the joint committee on finance that provides an assessment of current and future harbor improvement needs, for both freight and non-freight industries, for the next 10 years.
(5dd) Request relating to position authority. The department of transportation may submit a request to the joint committee on finance under section 13.10 of the statutes to reallocate or transfer position authority and funding among the department's appropriations for the purpose of increasing the amount of highway project preparation work conducted by the department's staff. The department may not request under this subsection any reallocation of funds between expenditure categories within an appropriation account or transfer of funds between appropriation accounts in a total amount exceeding $726,300 in state funds and $594,300 in federal funds in fiscal year 2009-10 and $954,700 in state funds and $781,100 in federal funds in fiscal year 2010-11.
(5f) City of Racine streetscaping projects.
(a) In the 2009-11 fiscal biennium, from the appropriation under section 20.395 (2) (nx) of the statutes, the department of transportation shall award a grant under section 85.026 (2) of the statutes to the city of Racine in Racine County for a streetscaping project on State Street from Memorial Drive to LaSalle Street if the department determines that the project is eligible for federal transportation enhancements funds. The amount of the grant awarded under this paragraph shall be $400,000 or 80 percent of the total cost of the streetscaping project, whichever is less.
(b) In the 2009-11 fiscal biennium, from the appropriation under section 20.395 (2) (nx) of the statutes, the department of transportation shall award a grant under section 85.026 (2) of the statutes to the city of Racine in Racine County for a streetscaping project on Washington Avenue and 7th Street from 9th Street to Main Street if the department determines that the project is eligible for federal transportation enhancements funds. The amount of the grant awarded under this paragraph shall be $500,000 or 80 percent of the total cost of the streetscaping project, whichever is less.
(5i) USH 61 project in Grant County. The department of transportation shall complete, during the 2009-11 fiscal biennium, the pavement rehabilitation project on USH 61 between the village of Dickeyville and the city of Lancaster in Grant County.
(5q) Southeastern regional transit authority application. No later than one year after the effective date of this subsection, the southeastern regional transit authority under section 59.58 (7) of the statutes, as created by this act, shall submit to the federal transit administration in the U.S. department of transportation an application to enter the preliminary engineering phase of the federal new starts grant program for the KRM commuter rail line, as defined in section 59.58 (7) (a) 3. of the statutes, as created by this act.
(5x) Freight rail preservation program report. No later than January 1, 2010, the department of transportation shall submit a report to the joint committee on finance that provides an assessment of potential freight rail improvements and acquisitions over at least the next 10 years and that contains all of the following:
(a) At least 3 scenarios, each at a different level of annual expenditure, for potential freight rail improvements and acquisitions.
(b) An assessment of the benefits and costs of the improvements under each scenario described in paragraph (a).
(c) A discussion of the potential benefits of each scenario described in paragraph (a) in relation to other potential uses of transportation fund resources. In preparing this discussion, the department of transportation shall allow and consider public comment on each scenario.
(d) An assessment of whether some potential improvements on publicly owned rail lines could have sufficiently high benefits to induce benefited railroads to fund a higher percentage of the cost.
(6j) South Reid Road bridge replacement and expansion in town of La Prairie. In the 2009-11 fiscal biennium, from the appropriation account under section 20.395 (2) (eq) or (ex) of the statutes, the department of transportation shall provide $250,000 to the town of La Prairie in Rock County for the replacement and expansion of a bridge on South Reid Road.
(7j) Madison to Twin Cities passenger rail route report. No later than January 1, 2011, the department of transportation shall submit a report to the joint committee on finance that addresses the alternatives for extending high speed passenger rail service from the city of Madison to the city of Minneapolis or the city of St. Paul or both in the state of Minnesota. The report shall consider, and provide a comparison of costs and potential benefits of, each of the following routes:
(a) A route traveling through the city of Eau Claire.
(b) A route traveling through the city of La Crosse.
(8i) Business sign in Brown County. Notwithstanding the eligibility criteria established under section 86.195 (3) (e) of the statutes, upon application and payment of fees ordinarily required for the mounting of business signs, the department of transportation shall mount business signs meeting the specifications under section 86.195 of the statutes, and rules promulgated under that section, for the National Railroad Museum in the city of Green Bay in Brown County.
(8j) Transportation projects commission STH 13 study. No later than March 15, 2010, the department of transportation shall present a recommendation to the transportation projects commission regarding the preparation of an environmental assessment or an environmental impact statement for a potential major highway project involving STH 13 between the city of Marshfield and STH 29.
(9i) Request relating to state highway rehabilitation program. In submitting information under section 16.42 of the statutes, as affected by this act, for purposes of the 2011-13 biennial budget bill, the department of transportation shall submit information concerning the appropriation under section 20.395 (3) (cq) of the statutes as though the total amount appropriated under section 20.395 (3) (cq) of the statutes for the 2010-11 fiscal year had been $102,356,100 greater than the total amount that was actually appropriated under section 20.395 (3) (cq) of the statutes for the 2010-11 fiscal year.
(9u) Optional vehicle fleet registration. The department of transportation may submit a request to the joint committee on finance under section 13.10 of the statutes to provide supplemental funding under section 13.101 (3) of the statutes for the appropriation under section 20.395 (5) (cq) of the statutes for data processing costs associated with implementing the provisions of section 341.307 of the statutes, as created by this act. Any request submitted under this subsection shall include a description of the provisions that the department proposes to include in the rules required under section 341.307 (6) of the statutes, as created by this act, and an estimate of the amount of additional transportation fund revenues that would be generated in the 2010-11 fiscal year as a result of these provisions. Notwithstanding section 13.101 (3) of the statutes, the committee may supplement the appropriation under section 20.395 (5) (cq) of the statutes from the appropriation account under section 20.865 (4) (u) of the statutes for the purpose described in this subsection without finding that an emergency exists.
(10g) Eisner Avenue project in Sheboygan County. Notwithstanding limitations on the amount and use of aids provided under section 86.31 of the statutes, as affected by this act, or on eligibility requirements for receiving aids under section 86.31 of the statutes, as affected by this act, the department of transportation shall award a grant of $500,000 in the 2009-11 fiscal biennium to the city of Sheboygan in Sheboygan County for the rehabilitation of Eisner Avenue in Sheboygan County if the city of Sheboygan and the town of Sheboygan in Sheboygan County reach an agreement on the amount of funds to be contributed by each toward the total local share of the project costs. Payment of the grant under this subsection shall be made from the appropriation under section 20.395 (2) (ft) of the statutes equally from funds allocated under section 86.31 (3m) of the statutes, as affected by this act, and from funds allocated under section 86.31 (3r) of the statutes, as affected by this act, and is in addition to the city of Sheboygan's entitlement, as defined in section 86.31 (1) (ar) of the statutes, to aids under section 86.31 of the statutes, as affected by this act.
(10x) Transportation enhancements grant to Douglas County. Prior to July 1, 2011, from the appropriation under section 20.395 (2) (nx) of the statutes, the department of transportation shall award a grant under section 85.026 (2) of the statutes to Douglas County for the addition of bicycle lanes to CTH "B." The amount of the grant awarded under this subsection shall be $400,000 or 80 percent of the total cost of the project, whichever is less. The department may not rescind the grant under this subsection unless Douglas County informs the department that it does not intend to go forward with the project.
(11f) Grant to town of Stockton railroad crossing improvements. In the 2009-11 fiscal biennium, from the appropriation under section 20.395 (2) (gr) of the statutes, as affected by this act, the department of transportation shall award a grant of $175,000 to the town of Stockton in Portage County for railroad crossing improvements at the intersection of Old Highway 18 and the Canadian National Railroad tracks.
(11u) Shared use of administrative facilities in or near city of Tomah. During the 2009-11 fiscal biennium, the department of transportation shall consult with the department of natural resources concerning the shared use of administrative facilities used by the state traffic patrol and the department of natural resources in or near the city of Tomah.
(11v) Rule-making for compulsory financial responsibility for motor vehicle operation.
(a) The department of transportation shall submit in proposed form the rule required under section 344.66 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 9th month beginning after the effective date of this subsection.
