AB100: Bill Text

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.

AB100,1101,20 (1) Utility public benefits fund transfer. There is transferred from the utility public benefits fund to the general fund $18,185,300 in fiscal year 2005-06 and $16,949,400 in fiscal year 2006-07.

AB100, s. 9202 Section 9202. Appropriation changes; aging and long-term care board.

AB100, s. 9203 Section 9203. Appropriation changes; agriculture, trade and consumer protection.

AB100,1102,3 (1) Agrichemical management fund transfer. There is transferred from the agrichemical management fund to the general fund $130,100 in fiscal year 2005-06 and $130,100 in fiscal year 2006-07.

AB100, s. 9204 Section 9204. Appropriation changes; arts board.

AB100, s. 9205 Section 9205. Appropriation changes; building commission.

AB100, s. 9206 Section 9206. Appropriation changes; child abuse and neglect prevention board.

AB100, s. 9207 Section 9207. Appropriation changes; circuit courts.

AB100, s. 9208 Section 9208. Appropriation changes; commerce.

AB100,1102,11 (1) Petroleum inspection fund transfer. There is transferred from the petroleum inspection fund to the general fund $10,860,600 in fiscal year 2005-06 and $20,000,000 in fiscal year 2006-07.

AB100, s. 9209 Section 9209. Appropriation changes; corrections.

AB100,1102,13 (1) Juvenile correctional services transfers.

AB100,1102,17 (a) There is transferred from the appropriation account under section 20.410 (3) (ho) of the statutes, as affected by the acts of 2005, to the appropriation account under section 20.410 (3) (hm) of the statutes, as affected by the acts of 2005, $90,000 in fiscal year 2005-06.

AB100,1102,21 (b) There is transferred from the appropriation account under section 20.410 (3) (hr) of the statutes, as affected by the acts of 2005, to the appropriation account under section 20.410 (3) (hm) of the statutes, as affected by the acts of 2005, $2,410,000 in fiscal year 2005-06.

AB100,1102,24 (2 ) Private business prison employment program. The unencumbered balance in the appropriation account under section 20.410 (1) (hm), 2003 stats., is transferred to the appropriation account under section 20.410 (1) (km) of the statutes.

AB100, s. 9210 Section 9210. Appropriation changes; court of appeals.

AB100, s. 9211 Section 9211. Appropriation changes; district attorneys.

AB100, s. 9212 Section 9212. Appropriation changes; educational communications board.

AB100, s. 9213 Section 9213. Appropriation changes; elections board.

AB100, s. 9214 Section 9214. Appropriation changes; employee trust funds.

AB100, s. 9215 Section 9215. Appropriation changes; employment relations commission.

AB100, s. 9216 Section 9216. Appropriation changes; ethics board.

AB100, s. 9217 Section 9217. Appropriation changes; financial institutions.

AB100,1103,9 (1) Gifts, grants, settlements, and publications; lapse.

AB100,1103,16 (a) Notwithstanding section 20.001 (3) (c) of the statutes, and except as provided in paragraph (b), on June 30, 2006, there is lapsed to the general fund $125,000 from the appropriation account of the department of financial institutions under section 20.144 (1) (h) of the statutes, as affected by the acts of 2005, and on June 30, 2007, there is lapsed to the general fund $125,000 from the appropriation account of the department of financial institutions under section 20.144 (1) (h) of the statutes, as affected by the acts of 2005.

AB100,1103,20 (b) The secretary of administration may not lapse moneys to the general fund under paragraph (a) if the lapse would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse would violate state or federal law.