AB100: Bill Text

AB100,1090,20 (1) Electronic processing of title and registration applications. The department of transportation may, prior to June 30, 2007, require certain motor vehicle dealers to electronically process all applications for motor vehicle title and registration submitted under section 342.16 (1) (a) of the statutes.

AB100,1090,21 (2) Harbor assistance program.

AB100,1091,4 (a) Notwithstanding any limitation specified in section 85.095 (2) (a) or (b) of the statutes, from the appropriation under section 20.866 (2) (uv) of the statutes, as affected by this act, the department of transportation shall award a grant under section 85.095 (2) (a) of the statutes of $6,000,000 in the 2005-07 fiscal biennium to a city in northeastern Wisconsin that has a harbor facility for the purpose of constructing new boatlift facilities or improving existing boatlift facilities that serve or will serve at least 2 commercial enterprises that enhance economic development and will provide at least 600 new jobs in this state.

AB100,1091,10 (b) Notwithstanding any limitation specified in section 85.095 (2) (a) or (b) of the statutes, from the appropriation under section 20.866 (2) (uv) of the statutes, as affected by this act, the department of transportation shall award a grant under section 85.095 (2) (a) of the statutes of $2,100,000 in the 2005-07 fiscal biennium for a boat slip repair and reconstruction project in northeastern Wisconsin if the project is necessary to retain at least 2,500 jobs in this state.

AB100,1091,11 (3) Transfer of supplemental title fees.

AB100,1091,13 (a) No transfer of moneys may be made under section 20.855 (4) (f), 2003 stats., on or after the effective date of this paragraph.

AB100,1091,18 (b) If the effective date of this paragraph is after October 1, 2005, the secretary of administration shall transfer, in fiscal year 2005-06, from the environmental fund to the general fund an amount equal to the amount transferred under section 20.855 (4) (f), 2003 stats., from the general fund to the environmental fund between July 1, 2005, and the effective date of this paragraph.

AB100,1091,25 (c) If the effective date of this paragraph is after July 1, 2005, the secretary of transportation shall, no later than 60 days after the effective date of this paragraph, certify to the secretary of administration the amount of fees collected under sections 101.9208 (1) (dm), 2003 stats., and 342.14 (3m), 2003 stats., and deposited into the transportation fund between July 1, 2005, and the effective date of this paragraph, and the secretary of administration shall transfer, in fiscal year 2005-06, this amount from the transportation fund to the environmental fund.

AB100, s. 9149 Section 9149. Nonstatutory provisions; treasurer.

AB100, s. 9150 Section 9150. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Authority.

AB100, s. 9151 Section 9151. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Board.

AB100, s. 9152 Section 9152. Nonstatutory provisions; University of Wisconsin System.

AB100,1092,5 (1) Occupational safety and health administration testing.

AB100,1092,6 (a) Positions and employees.

AB100,1092,10 1. The authorized FTE positions for the department of health and family services, funded from the appropriations under section 20.435 (1) (a), (gm), and (m) of the statutes, as affected by this act, are decreased by 10.5 FTE positions, for the purpose of providing occupational safety and health administration testing.

AB100,1092,14 2. The authorized FTE positions for the department of commerce, funded from the appropriation under section 20.143 (3) (m) of the statutes, are decreased by 9.0 FTE positions, for the purpose of providing occupational safety and health administration testing.

AB100,1092,18 3. The authorized FTE positions for the state laboratory of hygiene, funded from the appropriation under section 20.285 (1) (fd) of the statutes, are increased by 0.95 FTE position, for the purpose of providing occupational safety and health administration testing.

AB100,1092,22 4. The authorized FTE positions for the state laboratory of hygiene, funded from the appropriation under section 20.285 (1) (i) of the statutes, are increased by 0.5 FTE position, for the purpose of providing occupational safety and health administration testing.

AB100,1093,4 5. The authorized FTE positions for the state laboratory of hygiene, funded from the appropriation under section 20.285 (1) (m) of the statutes, are increased by 21.55 FTE positions, for the purpose of providing occupational safety and health administration testing.

AB100,1093,12 6. All incumbent employees in the departments of health and family services and commerce who perform occupational safety and health administration testing are transferred on the effective date of this subdivision to the state laboratory of hygiene. Employees transferred under this subdivision have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the employment commission that they enjoyed before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class must serve a probationary period.

AB100,1093,16 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, that relates to occupational safety and health administration testing of the departments of health and family services and commerce is transferred to the state laboratory of hygiene.

AB100,1093,22 (c) Contracts. All contracts entered into by the departments of health and family services and commerce that relate to occupational safety and health administration testing and that are in effect on the effective date of this paragraph remain in effect and are transferred to the state laboratory of hygiene. The state laboratory of hygiene shall carry out any obligations under such a contract until the state laboratory of hygiene modifies or rescinds the contract to the extent allowed.

AB100,1094,2 (2) Position report. No later than August 1, 2006, the Board of Regents of the University of Wisconsin System shall submit to the secretary of administration a report that describes by position classification and campus the faculty and instructional staff positions that were created from July 1, 2004, to July 1, 2006, to promote access to the University of Wisconsin System.

AB100,1094,11 (3) Plan to eliminate positions. By May 30, 2006, the Board of Regents of the University of Wisconsin System shall submit to the secretary of administration for his or her approval a plan to eliminate 200 administrative positions within the University of Wisconsin System, specified by position classification and location. Notwithstanding section 16.505 (2p) of the statutes, the Board of Regents of the University of Wisconsin System may not during the 2006-07 fiscal year create any full-time equivalent academic staff or faculty positions from revenues appropriated under section 20.285 (1) (a) of the statutes until the secretary of administration approves the plan.

AB100,1094,16 (4) Allocation of funds. Of moneys appropriated under section 20.285 (1) (a) of the statutes for the 2006-07 fiscal year, the Board of Regents of the University of Wisconsin System shall allocate $1,111,400 for implementing the recommendations of the committee on baccalaureate expansion and $582,000 for the University of Wisconsin-Rock County engineering initiative.

AB100,1095,7 (5) Sale of real property. If the Board of Regents of the University of Wisconsin System sells any real property under its jurisdiction prior to July 1, 2007, the board shall credit the net proceeds of the sale to the appropriation account under section 20.285 (1) (iz) of the statutes, except that if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold, the board shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under section 18.09 of the statutes to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the board shall pay to the federal government any of the net proceeds required by federal law. If the property was acquired by gift or grant or acquired with gift or grant funds, the board shall adhere to any restriction governing use of the proceeds. Except as required under ss. 13.48 (14) (e), 20.395 (9) (qd), and 51.06 (6), if there is no such debt outstanding, there are no moneys payable to the federal government, and there is no restriction governing use of the proceeds.

AB100, s. 9153 Section 9153. Nonstatutory provisions; veterans affairs.

AB100,1095,16 (1) Educational grant program emergency rules. The department of veterans affairs may promulgate emergency rules under section 227.24 of the statutes implementing section 45.25 of the statutes, as affected by this act. 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.

AB100,1095,17 (2) Massage therapists and bodyworkers.

AB100,1095,18 (a) Definitions. In this Section:

AB100,1095,19 1. "Board" means the educational approval board.

AB100,1095,20 2. "Department" means the department of regulation and licensing.

AB100,1095,25 (b) Transfer of transitional duties. Any application received by the board under 2001 Wisconsin Act 74, section 23 (5) (a) that is pending with the board on the effective date of this paragraph is transferred to the department and all materials submitted to or actions taken by the board with respect to the pending application are considered as having been submitted to or taken by the department.

AB100, s. 9154 Section 9154. Nonstatutory provisions; workforce development.

AB100, s. 9155 Section 9155. Nonstatutory provisions; other.

AB100,1096,3 (1) Transfer of attorney and legal staff positions.

AB100,1096,4 (a) Definitions. In this subsection:

AB100,1096,6 1. "Legal staff" means the individuals as determined by the secretary of administration who provide support services for attorneys.

AB100,1096,8 2. "State agency" means an office, commission, department, independent agency, or board in the executive branch of state government, except the following:

AB100,1096,9 a. The public service commission.

AB100,1096,10 b. The public defender board.

AB100,1096,11 c. The Board of Regents of the University of Wisconsin System.

AB100,1096,12 d. The University of Wisconsin Hospitals and Clinics Board.

AB100,1096,13 e. The state of Wisconsin investment board.

AB100,1096,14 f. The office of the governor.

AB100,1096,15 g. The elections board.

AB100,1096,16 h. The ethics board.

AB100,1096,17 i. The department of justice.

AB100,1096,18 j. The employment relations commission.

AB100,1096,22 (b) State agency attorneys and legal staff. Except as provided in paragraph (d) and subject to paragraph (e), on the effective date of this paragraph all attorney positions in state agencies and all legal staff positions in state agencies are transferred to the division of legal services in the department of administration.

AB100,1097,2 (c) Department of justice tax litigation attorneys. On the effective date of this paragraph, 2 attorney positions in the department of justice with duties entailing tax litigation are transferred to the division of legal services in the department of administration. The secretary of administration shall identify the positions to be transferred.

AB100,1097,3 (d) Hearing officers, hearing examiners, and administrative law judges.

AB100,1097,8 1. Except as provided in subdivision 2 . and subject to paragraph (e), on the effective date of this subdivision all positions identified by the secretary of administration as hearing officers, hearing examiners, or administrative law judges are transferred to the division of hearings and appeals in the department of administration.

AB100,1097,10 2. Subdivision 1. does not apply to hearing officers, hearing examiners, or administrative law judges in the department of workforce development.

AB100,1097,11 (e) Exceptions. Paragraphs (b) and (d) do not apply to any of the following:

AB100,1097,13 1. State employees working in an office of a district attorney under section 978.12 (1) (b) or (c) of the statutes.

AB100,1097,16 2. One lead attorney in the office of state employment relations whose duties include the negotiation and interpretation of collective bargaining agreements entered into under subchapter V of chapter 111.

AB100,1097,18 3. One attorney position in each of the following state agencies, identified by the secretary of administration as the general counsel or lead attorney position:

AB100,1097,19 a. Department of administration.

AB100,1097,20 b. Department of agriculture, trade, and rural resources.

AB100,1097,21 c. Department of commerce.

AB100,1097,22 d. Department of corrections.

AB100,1097,23 e. Department of employee trust funds.

AB100,1097,24 f. Department of financial institutions.

AB100,1097,25 g. Department of health and family services.

AB100,1098,1 h. Department of military affairs.

AB100,1098,2 i. Department of natural resources.

AB100,1098,3 j. Department of public instruction.

AB100,1098,4 k. Department of regulation and licensing.

AB100,1098,5 l. Department of revenue.

AB100,1098,6 m. Department of transportation.

AB100,1098,7 n. Department of veterans affairs.

AB100,1098,8 o. Department of workforce development.

AB100,1098,9 p. Office of the commissioner of insurance.

AB100,1098,17 (f) Incumbents. All incumbent employees holding positions that are transferred under paragraphs (b), (c), and (d) are transferred on the effective date of this paragraph to the department of administration. Employees transferred under these paragraphs have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that they enjoyed in their respective state agencies 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.

AB100,1098,22 (g) Materials. On the effective date of this paragraph, all equipment, supplies, and furniture required for the provision of legal services by employees transferred under paragraphs (b), (c), and (d) are transferred to the department of administration. The secretary of administration shall identify the equipment, supplies, and furniture to be transferred.

AB100,1098,24 (2) Lapse or transfer of certain appropriation balances from moneys allocated for legal services to the general fund.

AB100,1099,9 (a) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, except as provided in paragraph (b), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of the appropriations to state agencies, as defined in subsection (1) (a ) 2., other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $724,900 during the 2005-07 fiscal biennium. The secretary of administration shall lapse or transfer these moneys from allocations for agency legal services that would have been provided in that fiscal biennium with funding from those appropriations.

AB100,1099,13 (b) The secretary of administration may not lapse or transfer moneys to the general fund from any appropriation under paragraph (a ) if the lapse or transfer would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse or transfer would violate the federal or state constitution.

AB100,1099,15 (3) Lapse or transfer of state operations appropriation balances to the general fund.

AB100,1100,2 (a) 1. Notwithstanding section 20.001 (3) (a) to (c) of the statutes, except as provided in paragraph (b), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of state operations appropriations, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $35,500,000 during the 2005-07 fiscal biennium. The secretary of administration shall lapse or transfer these moneys from allocations for human resources and payroll functions and for server and network support, from moneys saved as a result of restructuring of procurement contracts and changes to purchasing and procurement functions, and from efficiencies achieved as a result of space management improvements in that fiscal biennium under those appropriations.

AB100,1100,14 2. Notwithstanding section 20.001 (3) (a) to (c) of the statutes, except as provided in paragraph (b), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of state operations appropriations, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $55,000,000 during the 2007-08 fiscal year and an amount equal to $55,000,000 during the 2008-09 fiscal year. The secretary of administration shall lapse or transfer these moneys from allocations for human resources and payroll functions and for server and network support, from moneys saved as a result of restructuring procurement contracts and changes to purchasing and procurement functions, and from efficiencies achieved as a result of space managment improvements in the 2007-09 fiscal biennium under those appropriations.

AB100,1100,19 (b) 1. The secretary of administration may not lapse or transfer moneys to the general fund under paragraph (a) from any appropriation under paragraph (a) if the lapse or transfer would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse or transfer would violate the federal or state constitution.

AB100,1100,22 2. The secretary of administration may not lapse or transfer moneys to the general fund under paragraph (a) from any appropriation under subchapters VII and VIII of chapter 20 of the statutes.

AB100,1100,24 (4) State agency payments relating to unfunded liabilities under the Wisconsin retirement system.

AB100,1101,3 (a) The definitions in section 20.001 of the statutes are applicable in this subsection, except that "state agency" does not include the department of employee trust funds or the investment board.

AB100,1101,13 (b) The secretary of administration shall determine for each state agency the amount that the state agency would have been required to expend under section 40.05 (2) (b) and (4) (b), (bc), and (bw) and subchapter IX of chapter 40 of the statutes during the 2005-07 fiscal biennium had the obligations under section 16.527 of the statutes not been issued, and each appropriation from which the moneys would have been expended. The secretary shall exclude from this determination any appropriation from which a lapse or transfer to pay any principal or interest amount on obligations issued under section 16.527 of the statutes would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse or transfer would violate the federal or state constitution.

AB100,1101,16 (c) From each appropriation identified in paragraph (b), the secretary shall lapse to the general fund or transfer to the general fund the amount specified in paragraph (b) that would otherwise have been expended from the appropriation.

AB100, s. 9201 Section 9201. Appropriation changes; administration.