AB100: Bill Text

AB100, s. 35 Section 35. 14.78 (2) (intro.) of the statutes is amended to read:

AB100,63,20 14.78 (2) Duties. (intro.) It Except as provided in sub. (2m), it is the duty of the Wisconsin Great Lakes compact commission:

AB100, s. 36 Section 36. 14.78 (2m) of the statutes is created to read:

AB100,63,23 14.78 (2m) Subsection (2) does not apply if the funding required for compliance is eliminated under s. 20.505 (4) (ba).

AB100, s. 37 Section 37. 14.90 (2) of the statutes is amended to read:

AB100,64,5 14.90 (2) The members of the commission shall serve without compensation but shall be reimbursed from the appropriation under s. 20.505 (4) (ba) for actual and necessary expenses incurred in the performance of their duties, except as provided in sub. (4). The commission has the powers granted and the duties imposed under s. 39.80.

AB100, s. 38 Section 38. 14.90 (3) of the statutes is amended to read:

AB100,64,10 14.90 (3) From the appropriation under s. 20.505 (4) ba), the Except as provided in sub. (4), the department of administration shall pay the costs of membership in and costs associated with the midwestern higher education compact from the appropriation under s. 20.505 (4) (ba).

AB100, s. 39 Section 39. 14.90 (4) of the statutes is created to read:

AB100,64,13 14.90 (4) Payments under subs. (2) and (3) may be reduced or eliminated if the funding for the payments is reduced or eliminated under s. 20.505 (4) (ba).

AB100, s. 40 Section 40. 15.01 (2) of the statutes is amended to read:

AB100,64,25 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members, and the parole commission which shall consist of 8 members, and the Fox River management commission which shall consist of 7 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (27) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7), and (9).

AB100, s. 41 Section 41. 15.04 (4) of the statutes is created to read:

AB100,65,4 15.04 (4) Legal services. If a department or independent agency is authorized or required to employ or retain an attorney, the department or independent agency may do so only in the following ways:

AB100,65,5 (a) Employ an attorney in a position authorized under s. 16.505.

AB100,65,7 (b) Contract with the department of administration for legal services under s. 16.004 (15).

AB100,65,9 (c) Allow the department of justice to furnish legal services if the department of justice is required by law to furnish the services.

AB100,65,12 (d) 1. Allow the division of hearings and appeals created under s. 15.103 (1) to furnish legal services if the division of hearings and appeals is required or authorized by law to furnish the services.

AB100,65,15 2. Contract under s. 227.43 (1m) for contested case hearing services with the division of hearings and appeals if the department or independent agency is not prohibited by law to do so.

AB100,65,17 (e) Employ or retain any attorney who is not a state employee subject to s. 20.930.

AB100, s. 42 Section 42. 15.07 (2) (b) of the statutes is repealed.

AB100, s. 43 Section 43. 15.07 (2) (m) of the statutes is created to read:

AB100,65,21 15.07 (2) (m) The member appointed under s. 15.345 (6) (a) shall serve as chairperson of the managed forest land board.

AB100, s. 44 Section 44. 15.07 (2) (n) of the statutes is created to read:

AB100,65,24 15.07 (2) (n) The chairperson of the health care quality and patient safety board shall be designated biennially by the governor.

AB100, s. 45 Section 45. 15.07 (3) (bm) 1. of the statutes is repealed.

AB100, s. 46 Section 46. 15.103 (1g) of the statutes is created to read:

AB100,66,4 15.103 (1g) Division of legal services. There is created in the department of administration a division of legal services. The administrator of the division shall be appointed by the secretary of administration in the unclassified service.

AB100, s. 47 Section 47. 15.105 (12) (e) of the statutes is amended to read:

AB100,66,7 15.105 (12) (e) Executive director. The board shall appoint an executive director under or outside of the classified service to serve at its pleasure.

AB100, s. 48 Section 48. 15.105 (12) (f) of the statutes is amended to read:

AB100,66,11 15.105 (12) (f) Assistance. The executive director board may request contract with any state agency to provide assistance necessary for the board to fulfill its duties.

AB100, s. 49 Section 49. 15.105 (13) of the statutes is created to read:

AB100,66,16 15.105 (13) Health care quality and patient safety board. (a) Creation; membership. There is created a health care quality and patient safety board, attached to the department of administration under s. 15.03, consisting of the following members:

AB100,66,18 1. The secretary of health and family services, the secretary of employee trust funds, and the secretary of administration or their designees.

AB100,66,19 2. One physician, as defined in s. 448.01 (5).

AB100,66,20 3. One representative of hospitals.

AB100,66,21 4. One employer purchaser of health care.

AB100,66,22 5. One representative of the insurance industry.

AB100,66,24 6. One representative of health maintenance organizations, as defined in s. 609.01 (2).

AB100,66,25 7. One member who shall represent the public interest.

AB100,67,2 (b) Terms. The board members specified in par. (a) 2. to 7. shall be appointed for 4-year terms.

AB100, s. 50 Section 50. 15.13 of the statutes is amended to read:

AB100,67,11 15.13 Department of agriculture, trade, and consumer protection rural resources; creation. There is created a department of agriculture, trade, and consumer protection rural resources under the direction and supervision of the board of agriculture, trade, and consumer protection rural resources. The board shall consist of 7 9 members with an agricultural background and 2 members who are consumer representatives, appointed for staggered 6-year terms. Appointments to the board shall be made without regard to party affiliation, residence or interest in any special organized group.

AB100, s. 51 Section 51. 15.137 (1) (a) (intro.) of the statutes is amended to read:

AB100,67,16 15.137 (1) (a) (intro.) There is created in the department of agriculture, trade, and consumer protection rural resources an agricultural producer security council consisting of the following members appointed by the secretary of agriculture, trade, and rural resources for 3-year terms:

AB100, s. 52 Section 52. 15.16 (2) of the statutes is repealed.

AB100, s. 53 Section 53. 15.195 (6) of the statutes is repealed.

AB100, s. 54 Section 54. 15.345 (5) of the statutes is repealed.

AB100, s. 55 Section 55. 15.345 (6) of the statutes is created to read:

AB100,67,23 15.345 (6) Managed forest land board. There is created in the department of natural resources a managed forest land board consisting of the chief state forester or his or her designee and the following members appointed for 3-year terms:

AB100,67,25 (a) One member appointed from a list of 5 nominees submitted by the Wisconsin Counties Association.

AB100,68,2 (b) One member appointed from a list of 5 nominees submitted by the Wisconsin Towns Association.

AB100,68,5 (c) One member appointed from a list of 5 nominees submitted by an association that represents the interests of counties that have county forests within their boundaries.

AB100,68,7 (d) One member appointed from a list of 5 nominees submitted by the council on forestry.

AB100, s. 56 Section 56. 15.495 of the statutes is renumbered 15.945 and amended to read:

AB100,68,14 15.945 Same; attached board. (1) Educational approval board. There is created an educational approval board which is attached to the department of veterans affairs technical college system board under s. 15.03. The board shall consist of not more than 7 members, who shall be representatives of state agencies and other persons with a demonstrated interest in educational programs, appointed to serve at the pleasure of the governor.

AB100, s. 57 Section 57. 16.004 (13) of the statutes is repealed.

AB100, s. 58 Section 58. 16.004 (15) of the statutes is created to read:

AB100,68,19 16.004 (15) Legal services. (a) In this subsection, "state agency" means an office, commission, department, independent agency, or board in the executive branch of state government, and includes the building commission.

AB100,68,23 (b) The department may provide legal services to state agencies. Annually, the department shall assess each state agency for the cost of the legal services provided to the state agency. The department shall credit all moneys received from state agencies under this paragraph to the appropriation account under s. 20.505 (1) (kr).

AB100,68,25 (c) An attorney employed by the department may prosecute or defend any action brought by or against the state in any matter relating to tax litigation.

AB100, s. 59 Section 59. 16.03 (3) of the statutes is amended to read:

AB100,69,5 16.03 (3) Report. The interagency coordinating council shall report at least twice annually to the health care quality and patient safety board on health care information in the department of health and family services administration, concerning the council's activities under this section.

AB100, s. 60 Section 60. 16.27 (3) (e) 2. of the statutes is repealed.

AB100, s. 61 Section 61. 16.27 (3) (e) 3. of the statutes is amended to read:

AB100,69,11 16.27 (3) (e) 3. Except as provided under subd. 6., allocate the balance of funds received under 42 USC 8621 to 8629 in a federal fiscal year, after making the allocations under pars. (c) and (d) and subds. 1. and 2. subd. 1., for the payment of heating assistance or for the payment of crisis assistance under sub. (6).

AB100, s. 62 Section 62. 16.40 (14) of the statutes is amended to read:

AB100,70,11 16.40 (14) Committees. Perform administrative services required to properly account for the finances of committees created by law or executive order. The governor may authorize each committee to make expenditures from the appropriation under s. 20.505 (4) (ba) not exceeding $2,000 per fiscal year. The governor shall report such authorized expenditures to the joint committee on finance at the next quarterly meeting of the committee. If the governor desires to authorize expenditures of more than $2,000 per fiscal year by a committee, the governor shall submit to the joint committee on finance for its approval a complete budget for all expenditures made or to be made by the committee. The budget may cover a period encompassing more than one fiscal year or biennium during the governor's term of office. If the joint committee on finance approves a budget authorizing expenditures of more than $2,000 per fiscal year by such a committee, the governor may authorize the expenditures to be made within the limits of the appropriation under s. 20.505 (4) (ba) in accordance with the approved budget during the period covered by the budget. If after the joint committee on finance approves a budget for such a committee the governor desires to authorize expenditures in excess of the authorized expenditures under the approved budget, the governor shall submit a modified budget for the committee to the joint committee on finance. If the joint committee on finance approves a modified budget, the governor may authorize additional expenditures to be made within the limits of the appropriation under s. 20.505 (4) (ba) in accordance with the modified budget during the period covered by the modified budget. The secretary may reduce or eliminate proposed expenditures under this subsection in any fiscal year if the amount appropriated under s. 20.505 (4) (ba) for that fiscal year is insufficient to fully fund the proposed expenditures.

AB100, s. 63 Section 63. 16.43 of the statutes is amended to read:

AB100,70,22 16.43 Budget compiled. The secretary shall compile and submit to the governor or the governor-elect and to each person elected to serve in the legislature during the next biennium, not later than November 20 of each even-numbered year, a compilation giving all of the data required by s. 16.46 to be included in the state budget report, except the recommendations of the governor and the explanation thereof. The secretary shall not include in the compilation any provision for the development or implementation of an information technology development project for an executive branch agency that is not consistent with the strategic plan of the agency, as approved under s. 16.976. The secretary may distribute the budget compilation in printed or optical disk format.

AB100, s. 64 Section 64. 16.45 of the statutes is amended to read:

AB100,71,8 16.45 Budget message to legislature. In each regular session of the legislature, the governor shall deliver the budget message to the 2 houses in joint session assembled. Unless a later date is requested by the governor and approved by the legislature in the form of a joint resolution, the budget message shall be delivered on or before the last Tuesday in January of the odd-numbered year. With the message the governor shall transmit to the legislature, as provided in ss. 16.46 and 16.47, the biennial state budget report and the executive budget bill or bills together with suggestions for the best methods for raising the needed revenues. The governor may distribute the biennial state budget report in printed or optical disk format.

AB100, s. 65 Section 65. 16.46 (5m) of the statutes is repealed and recreated to read:

AB100,71,12 16.46 (5m) A statement of estimated general purpose revenue receipts and expenditures in the biennium following the succeeding biennium based on recommendations in the budget bill or bills.

AB100, s. 66 Section 66. 16.50 (1) (b) of the statutes is amended to read:

AB100,71,15 16.50 (1) (b) This subsection does not apply to appropriations under ss. 20.255 (2) (ac) and, (af), and (r), 20.835, and 20.865 (4).

AB100, s. 67 Section 67. 16.505 (3m) of the statutes is repealed.

AB100, s. 68 Section 68. 16.518 (title) of the statutes is amended to read:

AB100,71,19 16.518 (title) Transfers to the budget stabilization fund and the cash building projects health care quality improvement fund.

AB100, s. 69 Section 69. 16.518 (3) (b) 3. of the statutes is created to read:

AB100,71,24 16.518 (3) (b) 3. In the 2006-07 fiscal year, the secretary shall reduce any amount transferred to the budget stabilization fund under par. (a) by an amount necessary to ensure that the distribution on June 15, 2007, under s. 79.10 (7m) (a) 1. b. is made.

AB100, s. 70 Section 70. 16.518 (3) (b) 4. of the statutes is created to read:

AB100,72,3 16.518 (3) (b) 4. In the 2006-07 fiscal year, the secretary shall reduce any amount transferred to the budget stabilization fund under par. (a) by an amount necessary to fund the appropriation under s. 20.255 (2) (af).

AB100, s. 71 Section 71. 16.518 (4) of the statutes is created to read:

AB100,72,10 16.518 (4) Notwithstanding sub. (3), if the amount of moneys projected to be deposited in the general fund during the 2005-07 fiscal biennium that are designated as "Taxes" in the summary is less than the amount of such moneys estimated to be deposited in the general fund during that fiscal biennium, as determined by the department under s. 79.10 (7m) (a) 1. b., the secretary may transfer any of the excess to the health care quality improvement fund.

AB100, s. 72 Section 72. 16.52 (10) of the statutes is amended to read:

AB100,72,14 16.52 (10) Department of public instruction. The provisions of sub. (2) with respect to refunds and sub. (5) (a) with respect to reimbursements for the prior fiscal year shall not apply to the appropriations under s. 20.255 (2) (ac) and, (af), and (r).

AB100, s. 73 Section 73. 16.526 (title) of the statutes is repealed and recreated to read: