AB75: Bill Text

AB75, s. 23 Section 23. 13.94 (4) (a) 1. of the statutes is amended to read:

AB75,93,22 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Wisconsin Quality Home Care Authority, the Fox River Navigational System Authority, the Lower Fox River Remediation Authority, and the Wisconsin Aerospace Authority, a professional baseball park district, a local professional football stadium district, a local cultural arts district and a long-term care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; development zones designated under s. 560.71; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

AB75, s. 24 Section 24. 13.95 (intro.) of the statutes is amended to read:

AB75,94,11 13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.

AB75, s. 25 Section 25. 15.01 (2) of the statutes is amended to read:

AB75,94,21 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 earned release review commission which shall consist of 8 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 earned release review commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06.

AB75, s. 26 Section 26. 15.05 (3r) of the statutes is created to read:

AB75,94,24 15.05 (3r) Chief legal advisor. The secretary of each department specified in s. 230.08 (2) (eg) may appoint in the unclassified service a chief legal advisor.

AB75, s. 27 Section 27. 15.06 (6) of the statutes is amended to read:

AB75,95,4 15.06 (6) Quorum. A majority of the membership of a commission constitutes a quorum to do business, except that vacancies shall not prevent a commission from doing business. This subsection does not apply to the parole earned release review commission.

AB75, s. 28 Section 28. 15.07 (1) (b) 10. of the statutes is repealed.

AB75, s. 29 Section 29. 15.07 (1) (cm) of the statutes is amended to read:

AB75,95,22 15.07 (1) (cm) The term of one member of the government accountability board shall expire on each May 1. The terms of 3 members of the development finance economic policy board appointed under s. 15.155 (1) (a) 6. (2) (a) 4. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under s. 15.155 (1) (a) 6. (2) (a) 4. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the members of the cemetery board shall expire on July 1 in an even-numbered year. The term of the student member of the Board of Regents of the University of Wisconsin System who is at least 24 years old shall expire on May 1 of every even-numbered year.

AB75, s. 30 Section 30. 15.07 (5) (h) of the statutes is repealed.

AB75, s. 31 Section 31. 15.103 (1g) of the statutes is created to read:

AB75,96,2 15.103 (1g) Division of legal services. There is created in the department of administration a division of legal services.

AB75, s. 32 Section 32. 15.135 (4) of the statutes is repealed.

AB75, s. 33 Section 33. 15.137 (3) of the statutes is created to read:

AB75,96,7 15.137 (3) Land and water resource council. (a) Voting members. There is created in the department of agriculture, trade and consumer protection a land and water resource council with the following voting members:

AB75,96,8 1. A representative of an agricultural organization appointed for a 4-year term.

AB75,96,10 2. A representative of an environmental organization appointed for a 4-year term.

AB75,96,11 3. A representative of county government appointed for a 4-year term.

AB75,96,13 4. The secretary of agriculture, trade and consumer protection or the secretary's designee.

AB75,96,14 5. The secretary of natural resources or the secretary's designee.

AB75,96,16 6. The dean of the College of Agricultural and Life Sciences of the University of Wisconsin-Madison or the dean's designee.

AB75,96,18 7. The chancellor of the University of Wisconsin-Extension or the chancellor's designee.

AB75,96,23 (b) Nonvoting members. In addition to the voting members under par. (a), the Wisconsin state conservationist of the natural resource conservation service of the federal department of agriculture and the Wisconsin state executive director of the farm service agency of the federal department of agriculture may serve as nonvoting members of the land and water resource council.

AB75, s. 34 Section 34. 15.145 (1) of the statutes is amended to read:

AB75,97,7 15.145 (1) Parole Earned release review commission. There is created in the department of corrections a parole an earned release review commission consisting of 8 members. Members shall have knowledge of or experience in corrections or criminal justice. The members shall include a chairperson who is nominated by the governor, and with the advice and consent of the senate appointed, for a 2-year term expiring March 1 of the odd-numbered years, subject to removal under s. 17.07 (3m), and the remaining members in the classified service appointed by the chairperson.

AB75, s. 35 Section 35. 15.155 (1) of the statutes is repealed.

AB75, s. 36 Section 36. 15.155 (2) of the statutes is created to read:

AB75,97,12 15.155 (2) Economic policy board. (a) There is created an economic policy board attached to the department of commerce under s. 15.03 consisting of all of the following:

AB75,97,13 1. The secretary of commerce or the secretary's designee.

AB75,97,14 2. The secretary of workforce development or the secretary's designee.

AB75,97,15 3. The director of the technical college system or the director's designee.

AB75,97,17 4. Six other members nominated by the governor, and with the advice and consent of the senate appointed, for 2-year terms.

AB75,97,18 5. One member appointed by the speaker of the assembly.

AB75,97,19 6. One member appointed by the senate majority leader.

AB75,97,22 (b) The members appointed under par. (a) 4. shall represent the scientific, technical, labor, small business, minority business, as defined in s. 560.036 (1) (e), rural, and financial communities of this state.

AB75, s. 37 Section 37. 15.155 (3) of the statutes is repealed.

AB75, s. 38 Section 38. 15.155 (4) of the statutes is repealed.

AB75, s. 39 Section 39. 15.155 (6) of the statutes is repealed.

AB75, s. 40 Section 40. 15.157 (8) of the statutes is renumbered 15.917 (1) and 15.917 (1) (intro.), as renumbered, is amended to read:

AB75,98,8 15.917 (1) Rural health development council. (intro.) There is created in the department of commerce University of Wisconsin System a rural health development council consisting of 13 members nominated by the governor, and with the advice and consent of the senate appointed, for 5-year terms, and the secretaries of commerce and health services, or their designees. The appointed members shall include all of the following:

AB75, s. 41 Section 41. 15.207 (24) (a) 7. of the statutes is amended to read:

AB75,98,14 15.207 (24) (a) 7. Subject to par. (d), two members who are nominated by a children's services network established the Wisconsin Works agency or agencies in Milwaukee County under s. 49.143 (2) (b) and who are residents of the a geographical area established under s. 49.143 (6) that is served by the children's services network in Milwaukee County.

AB75, s. 42 Section 42. 15.207 (24) (d) of the statutes is amended to read:

AB75,99,2 15.207 (24) (d) If the department of children and families establishes more than one geographical area in Milwaukee County under s. 49.143 (6), the children's services networks established Wisconsin Works agency or agencies in Milwaukee County under s. 49.143 (2) (b), in nominating members under par. (a) 7., shall nominate residents of different geographical areas established under s. 49.143 (6) and, when the term of a member appointed under par. (a) 7. ends or if a vacancy occurs in the membership of the council under par. (a) 7., those children's services networks the Wisconsin Works agency or agencies shall nominate a resident of a different geographical area established under s. 49.143 (6) from the geographical area of the member who is being replaced according to a rotating order of succession determined by the children's services networks Wisconsin Works agency or agencies.

AB75, s. 43 Section 43. 15.917 (title) of the statutes is created to read:

AB75,99,4 15.917 (title) Same; attached council.

AB75, s. 44 Section 44. 16.002 (2) of the statutes is amended to read:

AB75,99,10 16.002 (2) "Departments" means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. II of ch. 114 or subch. III of ch. 149 and in chs. 52, 231, 232, 233, 234, 235, 237, and 279.

AB75, s. 45 Section 45. 16.004 (4) of the statutes is amended to read:

AB75,99,17 16.004 (4) Freedom of access. The secretary and such employees of the department as the secretary designates may enter into the offices of state agencies and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 52, 231, 233, 234, 237, and 279, and may examine their books and accounts and any other matter that in the secretary's judgment should be examined and may interrogate the agency's employees publicly or privately relative thereto.

AB75, s. 46 Section 46. 16.004 (5) of the statutes is amended to read:

AB75,99,23 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 52, 231, 233, 234, 237, and 279, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.

AB75, s. 47 Section 47. 16.004 (12) (a) of the statutes is amended to read:

AB75,100,8 16.004 (12) (a) In this subsection, "state agency" means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Fox River Navigational System Authority.

AB75, s. 48 Section 48. 16.004 (15) of the statutes is created to read:

AB75,100,13 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, including the building commission, but does not include the department of justice and the department of public instruction.

AB75,100,17 (b) The department may provide legal services to state agencies and shall assess state agencies for legal services provided by the division of legal services. The department shall credit all moneys received from state agencies under this paragraph to the appropriation account under s. 20.505 (1) (kr).

AB75,100,25 (c) During the 2010-11 fiscal year, the secretary may transfer from state agencies up to 3.0 full-time equivalent vacant attorney positions to the division of legal services. The authorized full-time equivalent positions to the department, funded from the appropriation account under s. 20.505 (1) (kr), are increased by the number of full-time equivalent positions transferred under this paragraph. The authorized full-time equivalent positions of a state agency from which a transfer is made are decreased by the number of full-time equivalent positions transferred from that state agency under this paragraph.

AB75, s. 49 Section 49. 16.009 (1) (em) 6. of the statutes is amended to read:

AB75,101,2 16.009 (1) (em) 6. An adult family home, as defined in s. 50.01 (1) (a) or (b).

AB75, s. 50 Section 50. 16.009 (1) (em) 7. of the statutes is created to read:

AB75,101,5 16.009 (1) (em) 7. A residential care apartment complex, as defined in s. 50.01 (1d).

AB75, s. 51 Section 51. 16.04 (1) (am) of the statutes is amended to read:

AB75,101,10 16.04 (1) (am) Establish guidelines for the use by agencies of charter air travel or travel by private aircraft. The guidelines shall prohibit an employee of an agency from using a private aircraft to travel outside of this state for the conduct of state business.

AB75, s. 52 Section 52. 16.045 (1) (a) of the statutes is amended to read:

AB75,101,17 16.045 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232, 233, 234, 235, 237, or 279.

AB75, s. 53 Section 53. 16.15 (1) (ab) of the statutes is amended to read:

AB75,101,22 16.15 (1) (ab) "Authority" has the meaning given under s. 16.70 (2), but excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Health Insurance Risk-Sharing Plan Authority.

AB75, s. 54 Section 54. 16.18 (5) of the statutes is amended to read:

AB75,101,25 16.18 (5) No county may receive a grant under this section in an amount exceeding $500,000 $600,000 in any state fiscal year.

AB75, s. 55 Section 55. 16.19 of the statutes is amended to read:

AB75,102,8 16.19 Civil legal services for the indigent. Annually, the department shall pay the amount appropriated under s. 20.505 (1) (e) (jc) to the Wisconsin Trust Account Foundation, Inc., to provide civil legal services to indigent persons. The Wisconsin Trust Account Foundation, Inc., shall distribute the amount received as grants to programs that provide civil legal services to indigent persons, and those programs may use the grant funds to match other federal and private grants. The grants may be used only for the purposes for which the funding was provided.

AB75, s. 56 Section 56. 16.26 of the statutes is renumbered 196.3742 and amended to read:

AB75,102,16 196.3742 Weatherization Federal weatherization assistance. Notwithstanding s. 16.54 (2) (a), the department commission shall administer federal funds available to this state under the weatherization assistance for low-income persons program, as amended, 42 USC 6861 to 6873. The department commission shall administer the funds in accordance with 42 USC 6861 to 6873 and regulations adopted under 42 USC 6861 or 6873.

AB75, s. 57 Section 57. 16.27 (title) of the statutes is renumbered 196.3744 (title) and amended to read:

AB75,102,19 196.3744 (title) Low-income Federal low-income energy assistance.

AB75, s. 58 Section 58. 16.27 (1) of the statutes is renumbered 196.3744 (1), and 196.3744 (1) (e), as renumbered, is amended to read:

AB75,103,3 196.3744 (1) (e) "Low-income warm room program volunteer" means a person who is eligible for assistance under 42 USC 8621 to 8629, whose dwelling, in comparison to the dwellings of other persons eligible for assistance under 42 USC 8621 to 8629, has a high ratio of space to occupant, and who volunteers to take the training under sub. (2) (b) and to cooperate with the department commission in the installation and operation of low-income warm room program materials in his or her dwelling.

AB75, s. 59 Section 59. 16.27 (2) of the statutes is renumbered 196.3744 (2) and amended to read:

AB75,103,9 196.3744 (2) Administration. (a) The department commission shall administer low-income energy assistance as provided in this section to assist an eligible household to meet the costs of home energy with low-income home energy assistance benefits authorized under 42 USC 8621 to 8629.

AB75,103,15 (b) The department commission shall administer a low-income warm room program to install low-income warm room program materials in the dwellings of low-income warm room program volunteers and to train the low-income warm room program volunteers and the members of each low-income warm room program volunteer's household in the operation of the low-income warm room program materials to achieve maximum health and heating efficiency.

AB75, s. 60 Section 60. 16.27 (3) (am) (intro.), 2., 3., 4. and 5. (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), are renumbered 196.3744 (3) (am) (intro.), 2., 3., 4. and 5. (intro.) and amended to read:

AB75,103,21 196.3744 (3) (am) (intro.) Subject to s. 16.54 (2), the department commission shall do all of the following, within the limits of the availability of federal funds received under 42 USC 8621 to 8629: