AB40,1285,158 (e) Contracts. All contracts entered into by the department of commerce in
9effect on the effective date of this paragraph that are primarily related to the
10functions of the division of safety and buildings and the division of environmental
11and regulatory services, as determined by the secretary of administration, remain
12in effect and are transferred to the department of safety and professional services.
13The department of safety and professional services shall carry out any obligations
14under such a contract until the contract is modified or rescinded by the department
15of safety and professional services to the extent allowed under the contract.
AB40,1286,216 (f) Rules and orders. All rules promulgated by the department of commerce
17that are in effect on the effective date of this paragraph and that are primarily related
18to the functions of the division of safety and buildings and the division of
19environmental and regulatory services, as determined by the secretary of
20administration, remain in effect until their specified expiration dates or until
21amended or repealed by the department of safety and professional services. All
22orders issued by the department of commerce that are in effect on the effective date
23of this paragraph and that are primarily related to the functions of the division of
24safety and buildings and the division of environmental and regulatory services, as
25determined by the secretary of administration, remain in effect until their specified

1expiration dates or until modified or rescinded by the department of safety and
2professional services.
AB40,1286,103 (g) Pending matters. Any matter pending with the department of commerce
4on the effective date of this paragraph that is primarily related to the functions of the
5division of safety and buildings and the division of environmental and regulatory
6services, as determined by the secretary of administration, is transferred to the
7department of safety and professional services and all materials submitted to or
8actions taken by the department of commerce with respect to the pending matters
9are considered as having been submitted to or taken by the department of safety and
10professional services.
AB40,1286,1211 (4) Transfer of certain administrative positions from the department of
12commerce.
AB40,1286,1613 (a) The positions, and the incumbent employees holding those positions, in the
14division of administrative services in the department of commerce that the secretary
15of administration determines shall be transferred to the department of safety and
16professional services, are transferred on the effective date of this paragraph.
AB40,1286,2217 (b) Employees transferred under paragraph (a) have all the rights and the
18same status under subchapter V of chapter 111 and chapter 230 of the statutes in the
19department of safety and professional services that they enjoyed in the department
20of commerce immediately before the transfer. Notwithstanding section 230.28 (4) of
21the statutes, no employee so transferred who has attained permanent status in class
22is required to serve a probationary period.
AB40,1286,2423 (5) Reallocation of funding within the department of safety and
24professional services.
AB40,1286,2525 (a) In this subsection:
AB40,1287,2
11. "Schedule" means the schedule under section 20.005 of the statutes, as
2affected by this act.
AB40,1287,3 32. "Secretary" means the secretary of administration.
AB40,1287,164 (b) Before July 1, 2013, the secretary may transfer moneys from any
5appropriation under section 20.165 of the statutes, as affected by this act, to any
6other appropriation under section 20.165 of the statutes, as affected by this act, and
7may increase or decrease the amounts shown in the schedule for any appropriation
8under section 20.165 of the statutes, as affected by this act, if necessary to reallocate
9funding in accordance with the transfer of functions or personnel from the
10department of commerce to the department of safety and professional services,
11except that the secretary may not adjust the amounts shown in the schedule in a
12manner so that the total amounts appropriated under the adjusted appropriations
13exceed the total amounts shown in the schedule for those appropriations on the
14effective date of this act. The secretary shall submit a report to the joint committee
15on finance before July 1, 2013, that identifies the actions taken by the secretary
16under this subsection.
AB40,1287,17 17(6) Economic development transfer.
AB40,1287,2218 (a) Assets and liabilities. On the effective date of this paragraph, the assets and
19liabilities of the department of commerce primarily related to the functions of the
20department under subchapters I, II, III, IV, V, VI, VIII, and IX of chapter 560, 2009
21stats., as determined by the secretary of administration, shall become the assets and
22liabilities of the Wisconsin Economic Development Corporation.
AB40,1288,623 (b) Tangible personal property. On the effective date of this paragraph, all
24tangible personal property, including records, of the department of commerce that
25is primarily related to the functions of the department under subchapters I, II, III,

1IV, V, VI, VIII, and IX of chapter 560, 2009 stats., except the tangible personal
2property, including records, transferred to the department of agriculture, trade and
3consumer protection under subsection (7 ) (a) and except the tangible personal
4property, including records, transferred to the department of administration under
5subsection (8) (b), as determined by the secretary of administration, is transferred
6to the Wisconsin Economic Development Corporation.
AB40,1288,147 (c) Contracts. All contracts entered into by the department of commerce in
8effect on the effective date of this paragraph that are primarily related to the
9functions of the department under subchapters I, II, III, IV, V, VI, VIII, and IX of
10chapter 560, 2009 stats., as determined by the secretary of administration, remain
11in effect and are transferred to the Wisconsin Economic Development Corporation.
12The Wisconsin Economic Development Corporation shall carry out any obligations
13under such a contract until the contract is modified or rescinded by the Wisconsin
14Economic Development Corporation to the extent allowed under the contract.
AB40,1288,1515 (7) Dairy manufacturing facility investment credit; transfer.
AB40,1288,2016 (a) Tangible personal property. On the effective date of this paragraph, all
17tangible personal property, including records, of the department of commerce that
18is primarily related to the functions of the department of commerce with respect to
19section 560.207, 2009 stats., as determined by the secretary of administration, is
20transferred to the department of agriculture, trade and consumer protection.
AB40,1288,2421 (b) Rules. All rules promulgated by the department of commerce under section
22560.207 (4), 2009 stats., that are in effect on the effective date of this paragraph
23remain in effect until their specified expiration date or until amended or repealed by
24the department of agriculture, trade and consumer protection.
AB40,1288,2525 (8) Rural hospital loan guarantee; transfer.
AB40,1289,5
1(a) Tangible personal property. On the effective date of this paragraph, all
2tangible personal property, including records, of the department of commerce that
3is primarily related to the functions of the department of commerce with respect to
4section 231.35, 2009 stats., as determined by the secretary of administration, is
5transferred to the department of administration.
AB40,1289,96 (b) Rules. All rules promulgated by the department of commerce under section
7231.35 (7), 2009 stats., that are in effect on the effective date of this paragraph
8remain in effect until their specified expiration date or until amended or repealed by
9the department of administration.
AB40, s. 9111 10Section 9111. Nonstatutory provisions; Corrections.
AB40, s. 9112 11Section 9112. Nonstatutory provisions; Court of Appeals.
AB40, s. 9113 12Section 9113. Nonstatutory provisions; District Attorneys.
AB40,1289,15 13(1) Assistant district attorney salaries. The offices of the district attorneys
14shall work with the office of state employment relations to allocate the moneys
15appropriated under section 20.475 (1) (kg) of the statutes, as created by this act.
AB40, s. 9114 16Section 9114. Nonstatutory provisions; Educational Communications
Board.
AB40, s. 9115 17Section 9115. Nonstatutory provisions; Employee Trust Funds.
AB40, s. 9116 18Section 9116. Nonstatutory provisions; Employment Relations
Commission.
AB40, s. 9117 19Section 9117. Nonstatutory provisions; Financial Institutions.
AB40, s. 9118 20Section 9118. Nonstatutory provisions; Government Accountability
Board.
AB40, s. 9119 21Section 9119. Nonstatutory provisions; Governor.
AB40, s. 9120
1Section 9120. Nonstatutory provisions; Health and Educational
Facilities Authority.
AB40, s. 9121 2Section 9121. Nonstatutory provisions; Health Services.
AB40,1290,10 3(1) Family Care enrollment. Notwithstanding section 46.286 (3) (a) of the
4statutes, in a county where the family care benefit, as described in section 46.286 of
5the statutes, is available on June 20, 2011, or the effective date of this subsection,
6whichever is later, the department of health services may not enroll more persons in
7care management organizations, as defined in section 46.2805 (1) of the statutes, to
8receive the family care benefit than the number of persons receiving the family care
9benefit in that county on June 20, 2011, or the effective date of this subsection,
10whichever is later. This subsection does not apply after June 30, 2013.
AB40,1290,1111 (2) Family Care Partnership enrollment.
AB40,1290,1412 (a) Definition. In this subsection, "family care partnership program" means an
13integrated health and long-term care program operated under an amendment to the
14state medical assistance plan, as authorized in 42 USC 1396n (i).
AB40,1290,2015 (b) Enrollment. In a county where the family care partnership program is
16available on June 20, 2011, or the effective date of this paragraph, whichever is later,
17the department of health services may not enroll more persons in the family care
18partnership program than the number of persons participating in the family care
19partnership program in that county on June 20, 2011, or the effective date of this
20paragraph, whichever is later. This paragraph does not apply after June 30, 2013.
AB40,1291,321 (3) Program for all-inclusive care for the elderly enrollment. In a county
22that administers the program for all-inclusive care for the elderly under 42 USC
231396u-4
on June 20, 2011, or the effective date of this subsection, whichever is later,
24the department of health services may not enroll more persons in the program for

1all-inclusive care for the elderly than the number of persons enrolled in that county
2on June 20, 2011, or the effective date of this subsection, whichever is later. This
3subsection does not apply after June 30, 2013.
AB40,1291,54 (4) Self-directed services option to receive long-term care services
5enrollment.
AB40,1291,96 (a) Definition. In this subsection, the "self-directed services option" means the
7program operated under a waiver from the secretary of the federal department of
8health and human services under 42 USC 1396n (c) that allows participants to
9self-manage publicly funded long-term care services.
AB40,1291,1510 (b) Enrollment. In a county where the self-directed services option is available
11on June 20, 2011, or the effective date of this paragraph, whichever is later, the
12department of health services may not enroll more persons in the self-directed
13services option than the number of persons participating in the self-directed services
14option in that county on June 20, 2011, or the effective date of this paragraph,
15whichever is later. This paragraph does not apply after June 30, 2013.
AB40,1291,2216 (5) Expansion of Family Care. Beginning on July 1, 2011, and ending on June
1730, 2013, the department of health services may not propose to contract with entities
18to administer the family care benefit, as described in section 46.286 of the statutes,
19in a county in which the family care benefit is not available on July 1, 2011, unless
20the department of health services determines that administering the family care
21benefit in such a county would be more cost-effective than the county's current
22mechanism for delivering long-term care services.
AB40,1291,24 23(6) Transfer of income maintenance administration to income maintenance
24administration unit.
AB40,1291,2525 (a) Definitions. In this subsection:
AB40,1292,2
11. "County" means a county administering income maintenance programs, as
2defined in section 49.78 (1) (b) of the statutes on the effective date of this subdivision.
AB40,1292,3 32. "Department" means the department of health services.
AB40,1292,5 43. "Income maintenance programs" has the meaning given in section 49.78 (1)
5(b) of the statutes.
AB40,1292,7 64. "Unit" has the meaning given in section 49.78 (1) (f) of the statutes, as created
7by this act.
AB40,1292,138 (b) Transition Plan. On the effective date of this paragraph, the department
9shall begin to transition the administration of the income maintenance programs
10from counties to the unit. The department shall develop a transition plan that
11includes a deadline by which each county must transfer to the department all records
12in the possession of the county that are related to the administration of income
13maintenance programs.
AB40,1293,214 (c) Delegation of administrative functions to counties. Notwithstanding section
1549.78 of the statutes, as affected by this act, before May 1, 2012, the department may
16delegate some or all of the administrative functions related to income maintenance
17programs to counties, on a county by county basis. If the department delegates
18administrative functions related to income maintenance programs to a county, the
19county shall continue to perform the delegated administrative functions until the
20department notifies the county that the unit is prepared to assume responsibility for
21the administrative functions. The department and a county to which the department
22delegates administrative functions related to income maintenance programs shall
23enter into a contract relating to the county's administrative functions and
24reimbursement for the reasonable costs of performing those administrative
25functions. Reimbursements to counties that continue to administer income

1maintenance programs shall be considered costs incurred by the unit to administer
2income maintenance programs.
AB40,1293,33 (7) Elimination of Milwaukee County enrollment services unit.
AB40,1293,94 (a) Date of transfer to unit. The department of health services shall determine
5when the income maintenance administration unit established under section 49.78
6(1m) of the statutes, as created by this act, is prepared to take over income
7maintenance administration responsibilities in Milwaukee County and shall notify
8the legislative reference bureau of that date. The legislative reference bureau shall
9publish a notice in the Wisconsin Administrative Register that specifies that date.
AB40,1293,1610 (b) Unreimbursed expenditure. In the calendar year in which the income
11maintenance program administration unit takes over income maintenance program
12administration responsibilities in Milwaukee County, Milwaukee County's
13unreimbursed required minimum expenditure under section 49.825 (2) (d) 2. of the
14statutes shall be prorated on the basis of the length of time the Milwaukee County
15enrollment services unit administers the programs under section 49.825 (2) (a) 1. of
16the statutes.
AB40,1293,17 17(8) Food stamp program transfer to department of children and families.
AB40,1294,718 (a) Employee transfers. The classified positions, and incumbent employees
19holding positions, in the department of health services relating primarily to the food
20stamp program under section 49.79, 2009 stats., as determined by the secretary of
21administration, are transferred to the department of children and families. Upon
22determination of these employees, the secretary of administration may transfer
23moneys between the general purpose revenue appropriations for the department of
24health services and the department of children and families, between the program
25revenue appropriations for the department of health services and the department of

1children and families, between the program revenue-service appropriations for the
2department of health services and the department of children and families, between
3the appropriations of given segregated funds for the department of health services
4and the department of children and families, and between the federal revenue
5appropriations for the department of health services and the department of children
6and families, if necessary to adjust previously allocated costs in accordance with the
7transfer of personnel and administrative functions.
AB40,1294,138 (b) Employee status. Employees transferred under paragraph (a ) shall have the
9same rights and status under subchapter V of chapter 111 and chapter 230 of the
10statutes in the department of children and families that they enjoyed in the
11department of health services immediately before the transfer. Notwithstanding
12section 230.28 (4) of the statutes, no employee so transferred who has attained
13permanent status in class is required to serve a probationary period.
AB40,1294,1814 (c) Tangible personal property. On the effective date of this paragraph, all
15tangible personal property, including records, of the department of health services
16that is primarily related to the food stamp program under section 49.79, 2009 stats.,
17as determined by the secretary of administration, shall be transferred to the
18department of children and families.
AB40,1294,2519 (d) Contracts. All contracts entered into by the department of health services
20in effect on the effective date of this paragraph that are primarily related to the
21related to the food stamp program under section 49.79, 2009 stats., as determined
22by the secretary of administration, remain in effect and are transferred to the
23department of children and families. The department of children and families shall
24carry out any such contractual obligations unless modified or rescinded by the
25department of children and families to the extent allowed under the contract.
AB40,1295,7
1(e) Pending matters. Any matter pending with the department of health
2services on the effective date of this paragraph that is primarily related to the food
3stamp program under section 49.79, 2009 stats., as determined by the secretary of
4administration, is transferred to the department of children and families and all
5materials submitted to or actions taken by the department of health services with
6respect to the pending matter are considered as having been submitted to or taken
7by the department of children and families.
AB40,1295,178 (f) Rules and orders. All rules promulgated by the department of health
9services that are primarily related to the food stamp program under section 49.79,
102009 stats., as determined by the secretary of administration, and that are in effect
11on the effective date of this paragraph remain in effect until their specified expiration
12dates or until amended or repealed by the department of children and families. All
13orders issued by the department of health services that are primarily related to the
14food stamp program under section 49.79, 2009 stats., as determined by the secretary
15of administration, and that are in effect on the effective date of this paragraph
16remain in effect until their specified expiration dates or until modified or rescinded
17by the department of children and families.
AB40,1296,4 18(9) Congenital disorder testing fees; rules. Using the procedure under
19section 227.24 of the statutes, the department of health services shall promulgate
20rules required under section 253.13 (2) of the statutes, as affected by this act, for the
21period before the effective date of the permanent rules promulgated under section
22253.13 (2) of the statutes, as affected by this act, but not to exceed the period
23authorized under section 227.24 (1) (c) of the statutes, subject to extension under
24section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and
25(3) of the statutes, the department of health services is not required to provide

1evidence that promulgating a rule under this subsection as an emergency rule is
2necessary for the preservation of public peace, health, safety, or welfare and is not
3required to provide a finding of emergency for a rule promulgated under this
4subsection.
AB40,1296,16 5(10) Patient health care records fees; rules. Using the procedure under
6section 227.24 of the statutes, the department of health services shall promulgate
7rules required under sections 146.83 (3f) and 908.03 (6m) (e) of the statutes, as
8created by this act, for the period before the effective date of the permanent rules
9promulgated under sections 146.83 (3f) and 908.03 (6m) (e) of the statutes, as created
10by this act, but not to exceed the period authorized under section 227.24 (1) (c),
11subject to extension under section 227.24 (2) of the statutes. Notwithstanding
12section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of health services
13is not required to provide evidence that promulgating a rule under this subsection
14as an emergency rule is necessary for the preservation of public peace, health, safety,
15or welfare and is not required to provide a finding of emergency for a rule
16promulgated under this subsection.
AB40,1296,21 17(11) Prescription drug assistance for elderly eligibility. Notwithstanding
18section 49.688 (2) of the statutes, as affected by this act, a person who is participating
19in the program under section 49.688 of the statutes on the effective date of this
20subsection is not required to comply with section 49.688 (2) (a) 6. of the statutes, as
21created by this act, before January 1, 2012.
AB40, s. 9122 22Section 9122. Nonstatutory provisions; Higher Educational Aids
Board.
AB40, s. 9123 23Section 9123. Nonstatutory provisions; Historical Society.
AB40, s. 9124
1Section 9124. Nonstatutory provisions; Housing and Economic
Development Authority.
AB40, s. 9125 2Section 9125. Nonstatutory provisions; Insurance.
AB40, s. 9126 3Section 9126. Nonstatutory provisions; Investment Board.
AB40, s. 9127 4Section 9127. Nonstatutory provisions; Joint Committee on Finance.
AB40, s. 9128 5Section 9128. Nonstatutory provisions; Judicial Commission.
AB40, s. 9129 6Section 9129. Nonstatutory provisions; Justice.
AB40, s. 9130 7Section 9130. Nonstatutory provisions; Legislature.
AB40, s. 9131 8Section 9131. Nonstatutory provisions; Lieutenant Governor.
AB40, s. 9132 9Section 9132. Nonstatutory provisions; Local Government.
AB40, s. 9133 10Section 9133. Nonstatutory provisions; Medical College of Wisconsin.
AB40, s. 9134 11Section 9134. Nonstatutory provisions; Military Affairs.
AB40, s. 9135 12Section 9135. Nonstatutory provisions; Natural Resources.
AB40,1297,13 13(1) Nonpoint source water pollution rules.
AB40,1297,1914 (a) The department of natural resources shall promulgate rules under section
15281.16 (2) of the statutes that repeal and recreate chapter NR 151, Wisconsin
16Administrative Code, in effect on the effective date of this subsection. The repealed
17and recreated rules shall take effect 90 days after the effective date of this paragraph
18and shall be no more stringent than the requirements under the federal Water
19Pollution Control Act, 33 USC 1251 to 1387, and regulations adopted under that act.
AB40,1297,2020 (b) 1. In this paragraph:
AB40,1297,23 21a. "Covered municipality" means a municipality for which the department of
22natural resources granted coverage under a general permit issued under section
23283.35 of the statutes.
AB40,1297,24 24b. "Municipality" has the meaning given in section 281.01 (6) of the statutes.
AB40,1298,3
1c. "Storm water management program" means a program that requires a
2covered municipality to achieve a minimum reduction in total suspended solids for
3runoff from existing development that enters the waters of this state.
AB40,1298,10 42. To the extent allowed under federal law, if the rules promulgated under
5paragraph (a) establish a deadline by fixing a date by which a covered municipality
6must develop and implement a storm water management program, the rules shall
7also provide that the deadline for developing and implementing a storm water
8management program does not apply to a covered municipality that determines that
9compliance with the deadline would have a significant adverse economic impact on
10that municipality.
AB40,1298,11 11(2) Commercial construction site erosion control.
AB40,1298,1312 (a) In this subsection, "commercial building site" means a building site for
13construction of public buildings and buildings that are places of employment.
AB40,1298,2314 (b) All rules promulgated by the department of natural resources under section
15281.33 (3m), 2009 stats., related to erosion control for commercial building sites that
16are in effect on the effective date of this paragraph, as determined by the secretary
17of administration, remain in effect until their specified expiration dates or until
18amended or repealed by the department of safety and professional services. All
19orders issued by the department of natural resources that are in effect on the
20effective date of this paragraph and that are primarily related to erosion control for
21commercial building sites, as determined by the secretary of administration, remain
22in effect until their specified expiration dates or until modified or rescinded by the
23department of safety and professional services.
AB40,1299,624 (c) Any matter pending with the department of natural resources on the
25effective date of this paragraph that is primarily related to its commercial building

1site erosion control responsibilities under section 281.33 (3m), 2009 stats., as
2determined by the secretary of administration, is transferred to the department of
3safety and professional services and all materials submitted to or actions taken by
4the department of natural resources with respect to the pending matters are
5considered as having been submitted to or taken by the department of safety and
6professional services.
AB40,1299,107 (d) Any delegation of the authority to act under section 281.33 (3m), 2009 stats.,
8made by the department of natural resources to a county, city, village, or town that
9is in effect on the effective date of this paragraph remains in effect until revoked by
10the department of safety and professional services.
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