(1g) Chiropractic technicians; exemptions from certain certification requirements. Notwithstanding section 446.026 of the statutes, as created by this act, the chiropractic examining board shall grant a certificate under section 446.026 (2) of the statutes, as created by this act, to an individual who before the first day of the 13th month beginning after the effective date of this subsection provides sufficient evidence to the chiropractic examining board that the individual satisfies the requirements for delegation of adjunctive services under section 446.02 (7) of the statutes and continues to perform delegated adjunctive services under the supervision of a chiropractor licensed under chapter 446 of the statutes on the effective date of this subsection and at the time the individual seeks an exemption from the certification requirements under this subsection.
(2u) Initial credential fee; medical examining board. Notwithstanding section 440.05 (1) (a) of the statutes, as affected by this act, for the 2009-11 fiscal biennium, the initial credential fee for credentials issued under chapter 448 of the statutes shall be $75.
28,9143
Section 9143.
Nonstatutory provisions; Revenue.
(1q) Emergency rules concerning
withholding and willful misclassification by certain contractors. The department of revenue may promulgate emergency rules under section 227.24 of the statutes
relating to the withholding requirements under section 71.64 (6m) of the statutes, as created by this act, and to define "willful misclassification," as that concept is used in section 71.65 (6) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of revenue 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.
(2) Internal revenue code update. Changes to the Internal Revenue Code made by Public Law 110-458 apply to the Internal Revenue Code definitions in chapter 71 of the statutes at the time that the changes first apply for federal tax purposes.
(2q) Expenditure restraint program.
(a) Notwithstanding section 79.05 (2) (c) of the statutes, as affected by this act, a municipality may increase its municipal budget, as defined in section 79.05 (1) (b) of the statutes, for 2010 beyond the amount otherwise allowed under section 79.05 of the statutes as specified under paragraph (b) and remain eligible for a payment under section 79.05 (3) of the statutes in 2011.
(b) The maximum allowable adjustment under paragraph (a) shall equal the difference between the municipality's entitlement under section 70.119 of the statutes, assuming that program is fully funded, and the municipality's actual payment received in 2009 under section 70.119 of the statutes. A municipality may claim the adjustment only if it does not finance any expenditures related to that additional expenditure authority with property tax revenues and the municipality submits a statement to that effect from its independent auditor to the department of revenue.
(3c) Municipal aid payment. Notwithstanding sections 79.02 (4) and 79.043 (6) of the statutes, as created by this act, for the distribution in 2010 and subsequent years, the city of Stanley shall receive a payment under sections 79.035 and 79.043 (6) of the statutes that is equal to the amount of the payment determined for the city of Stanley under section 79.02 (4) of the statutes in 2010, plus $37,200.
(3d) Omitted property. Notwithstanding section 70.44 (1) of the statutes, section 70.44 (1) of the statutes does not apply to property described under section 70.11 (4) (b), (4a), and (4d) of the statutes, as created by this act, for the years before 2009 during which the property was omitted from assessment.
(3q) Main street equity act; lease or rental. Section 77.51 (7) of the statutes, as affected by
2009 Wisconsin Act 2, first applies to lease and rental contracts entered into on October 1, 2009, and has no effect on a lease or rental contract entered into before October 1, 2009, until the lease or contract is renewed, extended, or modified on or after October 1, 2009.
(4u) Emergency rules for ambulatory surgical center assessment. Using the procedure under section 227.24 of the statutes, the department of revenue may promulgate the rule required under section 146.98 (5) of the statutes, as created by this act, for the period before the effective date of the permanent rule under that subsection, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), 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.
28,9150
Section 9150.
Nonstatutory provisions; Transportation.
(1) Transit authorities.
(b) Initial terms of Dane County regional transit authority. Notwithstanding the length of terms specified for members of the board of directors of the Dane County transit authority under section 66.1039 (2) (b) and (3) (a) of the statutes, as created by this act, the initial terms for the members appointed under section 66.1039 (3) (c) 1. and 4. of the statutes, as created by this act, shall be two years.
(c) Initial terms of Chippewa Valley regional transit authority. Notwithstanding the length of terms specified for members of the board of directors of the Chippewa Valley regional transit authority under section 66.1039 (2) (c) and (3) (a) of the statutes, as created by this act, the initial terms shall be 2 years for each of the following:
1. One of the members appointed under section 66.1039 (3) (d) 1. b. of the statutes, as created by this act.
2. One of the members appointed under section 66.1039 (3) (d) 1. c. of the statutes, as created by this act, if applicable.
3. Each member appointed under section 66.1039 (3) (d) 1. d. of the statutes, as created by this act.
(d) Initial terms of Chequamegon Bay regional transit authority. Notwithstanding the length of terms specified for members of the board of directors of the Chequamegon Bay regional transit authority under section 66.1039 (2) (e) and (3) (a) of the statutes, as created by this act, the initial terms shall be 2 years for each of the following:
1. One member from each county appointed under section 66.1039 (3) (f) 1. b. of the statutes, as created by this act.
2. Each of the members appointed under section 66.1039 (3) (f) 1. c. of the statutes, as created by this act.
(3) Baseball special plates. No later than the first day of the 3rd month beginning after the effective date of this subsection, the executive vice president of the Milwaukee Brewers Baseball Club LP shall consult with the department of transportation for all of the following purposes:
(a) To specify an initial design for the special group plates under section 341.14 (6r) (f) 60. of the statutes, as created by this act.
(b) To facilitate, if necessary, the department of transportation's obtaining of the approval described in section 341.14 (6r) (b) 1. of the statutes, as affected by this act.
(4c) Grant to village of Bellevue for street beautification project. In fiscal year 2009-10, from the appropriation under section 20.395 (2) (jq) of the statutes, as created by this act, the department of transportation shall award a grant to the village of Bellevue in Brown County for a street beautification project on Huron Road.
(4d) Highway project development report. No later than January 1, 2010, the department of transportation shall submit a report to the joint committee on finance that provides each of the following:
(a) An assessment of the most appropriate uses of consultants for highway project development.
(b) Recommendations of actions that the department and local governments may take to improve efficiency, cost-effectiveness, and timeliness of local road construction projects.
(c) Proposed legislative changes that may help meet the goals in paragraph (b).
(5b) Chippewa County rehabilitation project on CTH "X". In the 2009-11 fiscal biennium, from the appropriation under section 20.395 (2) (fx) of the statutes, the department of transportation shall provide funding for the rehabilitation of CTH "X" in Chippewa County between 57th Avenue and 184th Street if this rehabilitation project does not receive federal economic stimulus funding under Public Law 111-5. The amount of funds provided under this subsection shall be $430,000 or 80 percent of the total cost of the rehabilitation project, whichever is less.
(5bb) Grant to village of Footville for pedestrian path. In fiscal year 2009-10, from the appropriation under section 20.395 (2) (jr) of the statutes, as created by this act, the department of transportation shall award a grant to the village of Footville in Rock County for the construction of a pedestrian path.
(5c) Allocation of federal safety belt performance grant funds.
(a) In this subsection, "excess federal safety belt grant moneys" means any moneys in excess of $15,237,200 received by the department of transportation for fiscal year 2009-10 from any grant awarded under
23 USC 406.
(b) Excess federal safety belt grant moneys shall be credited to the appropriation under section 20.395 (3) (cx) of the statutes and allocated for safety-related infrastructure projects.
(5cc) Reconstruction project in the village of Bellevue. In the 2009-11 fiscal biennium, from the appropriation under section 20.395 (2) (fx) of the statutes, the department of transportation shall provide funding to the village of Bellevue in Brown County for the reconstruction of Manitowoc Road from Eaton Road to Allouez Avenue. The amount of funds provided under this subsection shall be $1,250,000 or 80 percent of the total cost of the reconstruction project, whichever is less.
(5d) Harbor assistance program report. No later than July 1, 2010, the department of transportation shall submit a report to the joint committee on finance that provides an assessment of current and future harbor improvement needs, for both freight and non-freight industries, for the next 10 years.
(5dd) Request relating to position authority. The department of transportation may submit a request to the joint committee on finance under section 13.10 of the statutes to reallocate or transfer position authority and funding among the department's appropriations for the purpose of increasing the amount of highway project preparation work conducted by the department's staff. The department may not request under this subsection any reallocation of funds between expenditure categories within an appropriation account or transfer of funds between appropriation accounts in a total amount exceeding $726,300 in state funds and $594,300 in federal funds in fiscal year 2009-10 and $954,700 in state funds and $781,100 in federal funds in fiscal year 2010-11.
(5f) City of Racine streetscaping projects.
(a) In the 2009-11 fiscal biennium, from the appropriation under section 20.395 (2) (nx) of the statutes, the department of transportation shall award a grant under section 85.026 (2) of the statutes to the city of Racine in Racine County for a streetscaping project on State Street from Memorial Drive to LaSalle Street if the department determines that the project is eligible for federal transportation enhancements funds. The amount of the grant awarded under this paragraph shall be $400,000 or 80 percent of the total cost of the streetscaping project, whichever is less.
(b) In the 2009-11 fiscal biennium, from the appropriation under section 20.395 (2) (nx) of the statutes, the department of transportation shall award a grant under section 85.026 (2) of the statutes to the city of Racine in Racine County for a streetscaping project on Washington Avenue and 7th Street from 9th Street to Main Street if the department determines that the project is eligible for federal transportation enhancements funds. The amount of the grant awarded under this paragraph shall be $500,000 or 80 percent of the total cost of the streetscaping project, whichever is less.
(5i) USH 61 project in Grant County. The department of transportation shall complete, during the 2009-11 fiscal biennium, the pavement rehabilitation project on USH 61 between the village of Dickeyville and the city of Lancaster in Grant County.
(5q) Southeastern regional transit authority application. No later than one year after the effective date of this subsection, the southeastern regional transit authority under section 59.58 (7) of the statutes, as created by this act, shall submit to the federal transit administration in the U.S. department of transportation an application to enter the preliminary engineering phase of the federal new starts grant program for the KRM commuter rail line, as defined in section 59.58 (7) (a) 3. of the statutes, as created by this act.
(5x) Freight rail preservation program report. No later than January 1, 2010, the department of transportation shall submit a report to the joint committee on finance that provides an assessment of potential freight rail improvements and acquisitions over at least the next 10 years and that contains all of the following:
(a) At least 3 scenarios, each at a different level of annual expenditure, for potential freight rail improvements and acquisitions.
(b) An assessment of the benefits and costs of the improvements under each scenario described in paragraph (a).
(c) A discussion of the potential benefits of each scenario described in paragraph (a) in relation to other potential uses of transportation fund resources. In preparing this discussion, the department of transportation shall allow and consider public comment on each scenario.
(d) An assessment of whether some potential improvements on publicly owned rail lines could have sufficiently high benefits to induce benefited railroads to fund a higher percentage of the cost.
(6j) South Reid Road bridge replacement and expansion in town of La Prairie. In the 2009-11 fiscal biennium, from the appropriation account under section 20.395 (2) (eq) or (ex) of the statutes, the department of transportation shall provide $250,000 to the town of La Prairie in Rock County for the replacement and expansion of a bridge on South Reid Road.
(7j) Madison to Twin Cities passenger rail route report. No later than January 1, 2011, the department of transportation shall submit a report to the joint committee on finance that addresses the alternatives for extending high speed passenger rail service from the city of Madison to the city of Minneapolis or the city of St. Paul or both in the state of Minnesota. The report shall consider, and provide a comparison of costs and potential benefits of, each of the following routes:
(a) A route traveling through the city of Eau Claire.
(b) A route traveling through the city of La Crosse.
(8i) Business sign in Brown County. Notwithstanding the eligibility criteria established under section 86.195 (3) (e) of the statutes, upon application and payment of fees ordinarily required for the mounting of business signs, the department of transportation shall mount business signs meeting the specifications under section 86.195 of the statutes, and rules promulgated under that section, for the National Railroad Museum in the city of Green Bay in Brown County.
(8j) Transportation projects commission STH 13 study. No later than March 15, 2010, the department of transportation shall present a recommendation to the transportation projects commission regarding the preparation of an environmental assessment or an environmental impact statement for a potential major highway project involving STH 13 between the city of Marshfield and STH 29.
(9i) Request relating to state highway rehabilitation program. In submitting information under section 16.42 of the statutes, as affected by this act, for purposes of the 2011-13 biennial budget bill, the department of transportation shall submit information concerning the appropriation under section 20.395 (3) (cq) of the statutes as though the total amount appropriated under section 20.395 (3) (cq) of the statutes for the 2010-11 fiscal year had been $102,356,100 greater than the total amount that was actually appropriated under section 20.395 (3) (cq) of the statutes for the 2010-11 fiscal year.
(9u) Optional vehicle fleet registration. The department of transportation may submit a request to the joint committee on finance under section 13.10 of the statutes to provide supplemental funding under section 13.101 (3) of the statutes for the appropriation under section 20.395 (5) (cq) of the statutes for data processing costs associated with implementing the provisions of section 341.307 of the statutes, as created by this act. Any request submitted under this subsection shall include a description of the provisions that the department proposes to include in the rules required under section 341.307 (6) of the statutes, as created by this act, and an estimate of the amount of additional transportation fund revenues that would be generated in the 2010-11 fiscal year as a result of these provisions. Notwithstanding section 13.101 (3) of the statutes, the committee may supplement the appropriation under section 20.395 (5) (cq) of the statutes from the appropriation account under section 20.865 (4) (u) of the statutes for the purpose described in this subsection without finding that an emergency exists.
(10g) Eisner Avenue project in Sheboygan County. Notwithstanding limitations on the amount and use of aids provided under section 86.31 of the statutes, as affected by this act, or on eligibility requirements for receiving aids under section 86.31 of the statutes, as affected by this act, the department of transportation shall award a grant of $500,000 in the 2009-11 fiscal biennium to the city of Sheboygan in Sheboygan County for the rehabilitation of Eisner Avenue in Sheboygan County if the city of Sheboygan and the town of Sheboygan in Sheboygan County reach an agreement on the amount of funds to be contributed by each toward the total local share of the project costs. Payment of the grant under this subsection shall be made from the appropriation under section 20.395 (2) (ft) of the statutes equally from funds allocated under section 86.31 (3m) of the statutes, as affected by this act, and from funds allocated under section 86.31 (3r) of the statutes, as affected by this act, and is in addition to the city of Sheboygan's entitlement, as defined in section 86.31 (1) (ar) of the statutes, to aids under section 86.31 of the statutes, as affected by this act.
(10x) Transportation enhancements grant to Douglas County. Prior to July 1, 2011, from the appropriation under section 20.395 (2) (nx) of the statutes, the department of transportation shall award a grant under section 85.026 (2) of the statutes to Douglas County for the addition of bicycle lanes to CTH "B." The amount of the grant awarded under this subsection shall be $400,000 or 80 percent of the total cost of the project, whichever is less. The department may not rescind the grant under this subsection unless Douglas County informs the department that it does not intend to go forward with the project.
(11f) Grant to town of Stockton railroad crossing improvements. In the 2009-11 fiscal biennium, from the appropriation under section 20.395 (2) (gr) of the statutes, as affected by this act, the department of transportation shall award a grant of $175,000 to the town of Stockton in Portage County for railroad crossing improvements at the intersection of Old Highway 18 and the Canadian National Railroad tracks.
(11u) Shared use of administrative facilities in or near city of Tomah. During the 2009-11 fiscal biennium, the department of transportation shall consult with the department of natural resources concerning the shared use of administrative facilities used by the state traffic patrol and the department of natural resources in or near the city of Tomah.
(11v) Rule-making for compulsory financial responsibility for motor vehicle operation.
(a) The department of transportation shall submit in proposed form the rule required under section 344.66 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 9th month beginning after the effective date of this subsection.
(b) Using the procedure under section 227.24 of the statutes, the department of transportation shall promulgate the rule described under section 344.66 of the statutes, as created by this act, for the period before the permanent rule becomes effective, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of transportation 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 the rules promulgated under this subsection.
(12y) CTH "KP" project in Dane County. In conjunction with the highway rehabilitation project on USH 14 between the village of Cross Plains and the village of Mazomanie, the department of transportation shall complete, after the completion of the USH 14 project and during the 2009-2011 fiscal biennium, a repaving project on CTH "KP" between the village of Cross Plains and the village of Mazomanie.
(14q) Reconciliation provision related to primary enforcement of seat belts. If this subsection takes effect after June 30, 2009, the treatment of sections 347.48 (2m) (gm) and 347.50 (2m) (a) of the statutes by this act and Sections 9350 (4) and 9450 (6) of this act are void.
28,9154
Section 9154.
Nonstatutory provisions; University of Wisconsin System.
(1) Wisconsin Genomics Initiative. Of the moneys appropriated to the Board of Regents of the University of Wisconsin System under section 20.285 (1) (a) of the statutes for the 2009-10 fiscal year, the board shall allocate $2,000,000 for support of the establishment of the Wisconsin Genomics Initiative for research into personalized health care for disease identification and prevention.
(2) Biotechnology, nanotechnology, and information technologies. Of the moneys appropriated to the Board of Regents of the University of Wisconsin System under section 20.285 (1) (a) of the statutes for the 2010-11 fiscal year, the board shall allocate $8,198,200 to support interdisciplinary research into biotechnology, nanotechnology, and information technologies that enhances human health and welfare.
(3f) Agency request relating to general program operations. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purpose of the 2011-13 biennial budget bill, the Board of Regents of the University of Wisconsin System shall submit information concerning the appropriation under section 20.285 (1) (a) of the statutes, as though the amounts appropriated to the board under that appropriation for fiscal year 2010-11 were $15,500,000 more than the amounts in the schedule.
(3g) Director of Wisconsin Institute for Sustainable Technology. Of the moneys appropriated to the Board of Regents of the University of Wisconsin System under section 20.285 (1) (s) of the statutes, as created by this act, for the 2009-10 and 2010-11 fiscal years, the board shall allocate $110,000 in each fiscal year to the Wisconsin Institute for Sustainable Technology at the University of Wisconsin-Stevens Point to provide funding for the position of the director of the institute.
(3i) Collaborative nursing program. Of the moneys appropriated to the Board of Regents of the University of Wisconsin System under section 20.285 (1) (a) and (im) of the statutes, the board shall allocate a total of $170,000 in each fiscal year of the 2009-11 fiscal biennium for a collaborative nursing program operated by the University of Wisconsin–Rock County, the University of Wisconsin–Oshkosh, and Blackhawk Technical College.
(3q) Innovation Entrepreneurship Institute. Of the moneys appropriated to the Board of Regents of the University of Wisconsin System under section 20.285 (1) (s) of the statutes, as created by this act, for the 2009-10 and 2010-11 fiscal years, the board shall allocate $50,000 in each fiscal year to the Innovation Entrepreneurship Institute through the Environmental Management and Business Institute at the University of Wisconsin-Green Bay to promote green innovations symposia.
(3r) Faculty and academic staff furloughs. Notwithstanding sections 36.09 (1) (j), 36.13, 36.15, and 36.21 of the statutes and the administrative rules promulgated under the authority of those sections, the governor may require each member of the University of Wisconsin System faculty and academic staff, as defined in section 36.05 (1) and (8) of the statutes, to take up to 8 days or their equivalent of unpaid leave during each fiscal year of the 2009-11 fiscal biennium.
28,9155
Section 9155.
Nonstatutory provisions; Veterans Affairs.
(1c) Primary mortgage loan servicing study. No later than October 1, 2010, the department of veterans affairs shall submit a report on the evaluation of the viability of servicing veterans primary mortgage loans at the department, including the staffing and services that would be needed, changes necessary in the loan origination and administrative procedures, and the costs and revenues of the proposal, to the legislature under section 13.172 (2) of the statutes, the joint committee on finance, and the governor.
(2q) Feasibility study for Kenosha County assisted living facility. From the appropriation account under section 20.485 (2) (u) of the statutes, as affected by this act, the department of veterans affairs shall provide $25,000 to Kenosha County as the state share of the cost of a feasibility study on constructing an assisted living facility on property adjacent to Brookside Care Center, Kenosha County, to serve veterans and Kenosha County residents in need of assistance with activities of daily living who wish to live as independently as possible. No money may be expended under this subsection until the secretary of the department of veterans affairs determines that Kenosha County is providing $25,000 as the county's share of the cost of the feasibility study.
28,9155m
Section 9155m.
Nonstatutory provisions; Wisconsin Quality Home Care Authority.
(1) Initial terms of Wisconsin Quality Home Care Authority board. Notwithstanding the length of terms specified for the members of the board of the Wisconsin Quality Home Care Authority specified in section 52.05 (1) (c) of the statutes, as created by this act, the initial members shall be appointed for the following terms:
(a) The members specified under section 52.05 (1) (c) 1. and 3. of the statutes, as created by this act, and 3 members specified under section 52.05 (1) (c) 9. of the statutes, as created by this act, for terms that expire on July 1, 2010.
(b) The members specified under section 52.05 (1) (c) 2., 4., and 6. of the statutes, as created by this act, and 4 members specified under section 52.05 (1) (c) 9. of the statutes, as created by this act, for terms that expire July 1, 2011.
(c) The members specified under section 52.05 (1) (c) 5., 7., and 8. of the statutes, as created by this act, and 4 members specified under section 52.05 (1) (c) 9. of the statutes, as created by this act, for terms that expire July 1, 2012.
(2) Initial chairperson of Wisconsin Quality Home Care Authority board. The secretary of the department of health services, or his or her designee, shall serve as the chairperson of the board until such time as the governor designates a member of the board to serve as its chair.
(3f) Existing home care organization board. Notwithstanding section 52.05 (1) of the statutes, as created by this act, the members of the board of an organization that received a grant under section 46.48 (9), 2007 stats., to provide services to consumers and providers of supportive home care and personal care that exists before the effective date of this subsection may serve on the board of directors of the Wisconsin Quality Home Care Authority for the remainder of their terms without need for appointment by the governor. If a member of the board of the organization elects to serve on the board of directors of the Wisconsin Quality Home Care Authority, he or she will serve in place of a board member specified in section 52.05 (1) (c) 9. of the statutes, as created by this act.
28,9156
Section 9156.
Nonstatutory provisions; Workforce Development.
(1) Refugee assistance services transfer.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of workforce development that are primarily related to refugee assistance services, including refugee cash and medical assistance; targeted assistance and employee training; refugee social services; older refugees; preventive health; health screening; interpreter training; and bilingual materials development, as determined by the secretary of administration, shall become the assets and liabilities of the department of children and families.
(b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees holding those positions in the department of workforce development performing duties that are primarily related to refugee assistance services, as determined by the secretary of administration, are transferred to the department of children and families.
(c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of children and families that they enjoyed in the department of workforce development 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.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of workforce development that is primarily related to refugee assistance services, as determined by the secretary of administration, is transferred to the department of children and families.