2009 Wisconsin Act 2

(b) Conditions for receiving a grant. The department of commerce may not award a grant to an organization under this subsection unless the organization, as a condition of receiving the grant moneys, enters into a contract with the department that specifies permissible uses of the grant moneys and that requires the organization to comply with the reporting and accountability measures established by the department by rule under section 560.01 (2) (ae) 3., 6., and 7. of the statutes.

(4) Development zone tax benefit consolidation; emergency rules. The department of commerce may use the procedure under section 227.24 of the statutes to promulgate rules under section 560.706 (2) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2010, or the date on which permanent rules take effect, whichever is sooner. 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 the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

(5) Development zone tax benefit consolidation; economic impact report. Notwithstanding sections 227.137 (2) and 227.138 (2) of the statutes, if the secretary of administration requires the department of commerce to prepare an economic impact report for the rules required under section 560.706 (2) of the statutes, as created by this act, the department may submit the proposed rules to the legislature for review under section 227.19 (2) of the statutes before the department completes the economic impact report and before the department receives a copy of the report and approval under section 227.138 (2) of the statutes.

2,9117 Section 9117. Nonstatutory provisions; Financial Institutions.

(1) Mortgage loan originators, mortgage brokers, and mortgage bankers.

(a) In this subsection, "division" means the division of banking in the department of financial institutions.

(b) Notwithstanding any other provision of subchapter III of chapter 224 of the statutes, as affected by this act, the division shall, by rule, institute any system of initial license issuance or license renewal that it deems advisable for the purpose of implementing an orderly and efficient transition from the registration system under subchapter III of chapter 224, 2007 stats., to the license system under subchapter III of chapter 224 of the statutes, as affected by this act. A transition system adopted under this paragraph may include the requirement that registrants under section 224.72, 2007 stats., apply for a license under section 224.72 of the statutes, as affected by this act, or under section 224.725 of the statutes, as created by this act, and pay any applicable fees, before the scheduled expiration of the registration period under section 224.72, 2007 stats. A transition system adopted under this paragraph may also provide for the initial issuance of licenses under section 224.72 of the statutes, as affected by this act, and under section 224.725 of the statutes, as created by this act, that are valid for an initial period that is greater or less than the ordinary valid period of such licenses. If a transition system adopted under this paragraph results in a shorter registration or license period than that which would ordinarily be applicable, the division shall prorate or rebate fees corresponding to the unused or unexpired portion of the ordinarily applicable registration or license period. For previously registered or licensed individuals the division may establish under the transition system expedited review and licensing procedures.

(c) The division shall submit in proposed form the rules required under paragraph (b ) to the legislative council staff under section 227.15 (1) of the statutes no later than 60 days after the effective date of this paragraph.

(d) Using the emergency rules procedure under section 227.24 of the statutes, the division shall promulgate the rules required under paragraph (b ) for the period before the effective date of the rules submitted under paragraph (c). The division shall promulgate these emergency rules no later than 60 days after the effective date of this paragraph. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, these emergency rules may remain in effect until July 1, 2011, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the division 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.

2,9122 Section 9122. Nonstatutory provisions; Health Services.

(1) Hospital Assessment.

(a) Assessment payment deadlines. Notwithstanding section 50.38 (4) of the statutes, as created by this act, hospitals shall pay the assessment for state fiscal year 2008-09 that is required under section 50.38 (2) of the statutes, as created by this act, in 2 equal amounts. Hospitals shall make the first payment by March 31, 2009, or 10 days after the effective date of this paragraph, whichever is later. Hospitals shall make the 2nd payment by June 30, 2009. At the discretion of the department of health services, a hospital that is unable timely to make a payment by a date specified under this paragraph may be allowed to make a delayed payment. A determination by the department that a hospital may not make a delayed payment under this paragraph is final and is not subject to review under chapter 227 of the statutes.

(b) Medical Assistance fee-for-service schedule used as basis for managed care reimbursement. The department of health services shall present the inpatient and outpatient hospital diagnosis related groupings rate schedule established by the department for state fiscal year 2007-08 to health maintenance organizations and hospitals as the applicable schedule for reimbursement rates under agreements between health maintenance organizations and hospitals that reference the fee-for-service schedule to establish the rates that health maintenance organizations shall reimburse hospitals for services provided to recipients of the Medical Assistance Program under subchapter IV of chapter 49 of the statutes in state fiscal year 2008-09.

(c) Reconciliation of 2008-09 expenses.

1. Notwithstanding the deadline under section 50.38 (6) (b) of the statutes, as created by this act, for state fiscal year 2008-09, the department shall make the refunds required under section 50.38 (6) (b), by December 31, 2009.

2. Notwithstanding section 20.001 (3) (a) of the statutes, the unencumbered balance in the appropriation under section 20.435 (4) (xc) of the statutes does not revert to the hospital assessment fund at the end of state fiscal year 2008-09; and the department of health services may expend in state fiscal year 2009-10 this amount in addition to the amounts in the schedule under section 20.005 (3) of the statutes for the appropriation under section 20.435 (4) (xc) of the statutes for state fiscal year 2009-10.

(d) Independent rural hospital supplement. In state fiscal year 2008-09, from the appropriation account under section 20.435 (4) (b) and (o) of the statutes, the department of health services shall pay independent, rural, hospitals that are in counties that border another state and that are not critical access hospitals one of the following amounts:

1. If the percentage of the hospital's gross patient revenue that is attributable to the Medical Assistance Program under subchapter IV of chapter 49 of the statutes is less than 7 percent, $250,000.

2. If the percentage of the hospital's gross patient revenue that is attributable to the Medical Assistance Program under subchapter IV of chapter 49 of the statutes is equal to or greater than 7 percent, $500,000.

(e) Budgeting practices. This act does not affect any requirements under section 16.46 of the statutes. The departments of administration and health services shall review, reestimate, and request general purpose revenue for hospital payments under the Medical Assistance Program under subchapter IV of chapter 49 of the statutes as needed.

2,9131 Section 9131. Nonstatutory provisions; Legislature.

(1) Legislative oversight of federal economic stimulus funds.

(a) Definition. In this subsection, "federal economic stimulus funds" means federal moneys received by the state beginning on the effective date of this subsection and ending on June 30, 2011, pursuant to federal legislation enacted during the 111th Congress for the purpose of reviving the economy of the United States.

(b) Expenditure of federal economic stimulus funds for purposes other than transportation. As soon as practical after the receipt of any federal economic stimulus funds, the governor shall submit to the joint committee on finance a plan or plans for the expenditure of the federal economic stimulus funds for all purposes, other than transportation purposes. After receiving the plan or plans, the cochairpersons of the joint committee on finance shall convene a meeting of the joint committee on finance within 14 days after the plan or plans are submitted to either approve or modify and approve the plan or plans. The governor shall then implement the plan or plans as approved by the committee. This paragraph shall not apply to federal economic stimulus funds the expenditure of which is contained in any bill introduced in either house of the legislature at the request of the governor.

(c) Expenditure of federal economic stimulus funds for transportation purposes. As soon as practical after the receipt of any federal economic stimulus funds, the governor shall submit to the joint committee on finance a plan or plans for the expenditure of the federal economic stimulus funds for transportation purposes. After receiving the plan or plans, the cochairpersons of the joint committee on finance shall convene a meeting of the joint committee on finance within 14 days after the plan or plans are submitted to either approve or modify and approve the plan or plans. The governor shall then implement the plan or plans as approved by the committee. This paragraph shall not apply to federal economic stimulus funds the expenditure of which is contained in any bill introduced in either house of the legislature at the request of the governor, including federal economic stimulus funds specified in Section 9150 (1 ) (b) 1 .

(cL) Distribution of materials. All materials prepared for the joint committee on finance by the department of administration and the legislative fiscal bureau relating to the expenditure of federal economic stimulus funds under a plan or plans submitted by the governor shall be provided to members of the joint committee on finance and posted on the legislative fiscal bureau Web site at least 48 hours before the commencement of a meeting of the joint committee on finance under this subsection.

(d) Revised plan. If for any reason a project specified in a plan under paragraph (b) or (c) cannot be completed on a timely basis, or if federal economic stimulus funds cannot be expended as proposed in the plan, the governor shall submit a revised plan to the cochairpersons of the joint committee on finance. The revised plan may only be implemented if approved by the joint committee on finance using the procedure under paragraph (b ) or (c), whichever is applicable.

(e) State building program enumeration. If any state building, structure, or facility is proposed to be designed or constructed, if any existing state building, structure, or facility is proposed to be repaired, remodeled, or improved, or if land is proposed to be acquired by the state for any such construction, repair, remodeling, or improvement, and the design, construction, repair, remodeling, improvement, or acquisition is proposed to be financed entirely with federal economic stimulus funds, the project, if approved as part of a plan under paragraph (b), is not subject to enumeration as required by section 20.924 of the statutes.

(2) Required general fund structural balance. Section 20.003 (4) (fv) and (4m) of the statutes shall not apply to the 2008-09 fiscal year.

2,9150 Section 9150. Nonstatutory provisions; Transportation.

(1) Projects advanced by certain federal economic stimulus funds.

(a) Definition. In this subsection, "federal economic stimulus funds" means federal moneys received by the state beginning on the effective date of this paragraph and ending on June 30, 2011, pursuant to federal legislation enacted during the 111th Congress for the purpose of reviving the economy of the United States, which moneys are intended to be used for transportation purposes.

(b) Projects advanced by federal economic stimulus funds.

1. Except as provided in subdivision 2 ., the department of transportation may encumber or expend the first $300,000,000 of federal economic stimulus funds only for one or more of the projects identified in paragraph (c).

2. If the department encumbered state funds or federal funds other than federal economic stimulus funds for any project identified in paragraph (c ) before receiving the first $300,000,000 of federal economic stimulus funds, the department may substitute a different project for that project in the list under paragraph (c ).

(c) List of projects. The department of transportation may encumber or expend the first $300,000,000 of federal economic stimulus funds for the following projects:

1. The Sun Prairie bypass project on USH 151 in Dane County.

2. The Madison-Milwaukee Road project on I 94 in Dane County.

3. The Madison-Janesville Road project on I 39 in Dane County.

4. The Madison-Janesville Road project on I 90 in Dane County.

5. The Maple Street village of Palmyra project on STH 59 in Jefferson County.

6. The Whitewater-Palmyra Road project on STH 59 in Jefferson County.

7. The LaCrosse-West Salem/Monegan project on STH 16 in La Crosse County.

8. The Footville-Janesville bypass project on STH 11 in Rock County.

9. The Lake Delton-I 90 Road project on USH 12 in Sauk County.

10. The Viroqua-LaFarge project on STH 82 in Vernon County.

11. The USH 12 project on USH 12 in Walworth County.

12. The Rock Freeway project on I 43 in Walworth County.

13. The Kewaskum-Eden project on USH 45 in Washington County.

14. The Meadow Lane Bridge and approach project on a town road in Manitowoc County.

15. The Suamico-Abrams project on USH 41 in Oconto County.

16. The Kewaskum-Eden project on USH 45 in Fond du Lac County.

17. The Mishicot-I 43 project on STH 147 in Manitowoc County.

18. The Lily-Forest County line project on STH 52 in Langlade County.

19. The Merrill-Tomahawk project on USH 51 in Lincoln County.

20. The Mosinee-USH 45 project on STH 153 in Marathon County.

21. The Eagle River-Land O' Lakes project on USH 45 in Vilas County.

22. The Fulton Street and Hillcrest Drive intersection project on STH 49 in Waupaca County.

23. The Winchester-New London project on USH 45 in Waupaca County.

24. The Pittsville-Marshfield project on STH 13 in Wood County.

25. The Pittsville-Neillsville project on STH 73 in Wood County.

26. The Odanah-Saxon project on USH 2 in Ashland County.

27. The Siren-Spooner project on STH 70 in Burnett County.

28. The New Richmond-Bloomer Road project on STH 64 in Dunn County.

29. The Menomonie-Wheeler Road project on STH 25 in Dunn County.

30. The Augusta-Fairchild Road project on USH 12 in Eau Claire County.

31. The St. Croix Falls-Turtle Lake project on USH 8 in Polk County.

32. The Ghost Lake-Clam Lake Road project on STH 77 in Sawyer County.

33. The New Richmond-Connorsville project on STH 64 in St. Croix County.

34. The North-South Freeway-CTH "G" interchange project on I 94 in Racine County.

35. The North-South Freeway-I 94 from STH 50 to CTH "C" project on I 94 in Kenosha County.

36. The North-South Freeway-I 94 from CTH "C" to the state line project on I 94 in Kenosha County.

37. The North-South Freeway-CTH "C" interchange project on I 94 in Kenosha County.

38. The Port Washington-Manitowoc project on I 43 in Sheboygan County.

39. The Manitowoc-Green Bay project on I 43 in Manitowoc County.

40. The Milwaukee-Green Bay Road project on I 43 in Sheboygan County.

41. The Witzel Avenue overpass project on USH 41 in Winnebago County.

42. The Lake Butte des Morts Causeway project on USH 41 in Winnebago County.

43. The Fountain Avenue-Snell Road overpass project on USH 41 in Winnebago County.

44. The USH 45 and Fernau Avenue-Snell Road project on USH 41 in Winnebago County.

45. The Stevens Point-Wausau project on I 39 in Marathon County.

46. The Green Bay-Suamico project on USH 41 in Brown County.

47. The Medford-Goodrich project on STH 64 in Taylor County.

2,9201 Section 9201. Fiscal changes; Administration.

(1) Lapse or transfer of unencumbered moneys in appropriation accounts and funds.

(a) In this subsection, "executive branch state agency" means any office, department, or independent agency in the executive branch of state government, but does not include the investment board or the department of employee trust funds.

(b) Notwithstanding section 20.001 (3) (a) to (c) and 25.40 (3) of the statutes, but subject to paragraph (c ), the secretary of administration shall lapse or transfer to the general fund from the unencumbered balances of appropriations to executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $125,000,000 before July 1, 2011, less the amount lapsed under paragraph (c ) 3. The amounts lapsed or transferred under this paragraph shall be in addition to the amounts lapsed or transferred under 2007 Wisconsin Act 20, section 9201 (1c) (a) to (c).

(c) 1. The secretary of administration may not lapse or transfer moneys under paragraph (b ) 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.

2. The secretary of administration may not lapse or transfer moneys under paragraph (b ) from an appropriation to the department of transportation under section 20.395 (3) (bq), (cq), and (cr) of the statutes, other than moneys for department operations and services engaged under section 84.01 (13) of the statutes.