AB75: Bill Text

AB75,1684,12 (a) There is lapsed to the general fund $291,000,000 in the 2008-09 fiscal year from the appropriation account under section 20.255 (2) (ac) of the statutes. Notwithstanding sections 121.07 and 121.08 of the statutes, as affected by this act, the department of public instruction shall use the balance in that appropriation account and $291,000,000 of the amount appropriated in the 2008-09 fiscal year under section 20.255 (2) (p) of the statutes, as created by this act, to make payments to school districts in June 2009 under section 121.15 (1) and (1g) of the statutes.

AB75,1684,25 (b) The department of public instruction shall make the June 2009 payment under paragraph (a) by subtracting from each school district's equalization aid entitlement in June 2009 the amount of federal moneys that the school district will receive in that fiscal year from the state fiscal stabilization fund allocations that are distributed to school districts as subgrants based on the school districts' relative shares of funding under 20 USC 6311 to 6339. If the result is a positive number, the department shall pay that amount to the school district from the appropriation under section 20.255 (2) (ac) of the statutes. If the result is a negative number, the department shall deduct from other state aid payments made to the school district in that fiscal year from the appropriations under section 20.255 (2) of the statutes an amount equal to that amount or the amount of those aids, whichever is less, and add the amount of the deduction to the total amount to be distributed as equalization aid under paragraph (a).

AB75,1685,12 (3) Milwaukee Parental Choice Program fees; rules. By the first day of the 3rd month beginning after the effective date of this subsection, using the procedure under section 227.24 of the statutes, the department of public instruction shall promulgate a rule specifying the amount of the fee under section 119.23 (2) (a) 3. of the statutes, as affected by this act, for the period before the effective date of the permanent rule promulgated specifying the fee 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 public instruction 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.

AB75,1685,18 (4) Milwaukee Parental Choice Program fees; fees for the 2009-10 school year. Notwithstanding section 119.23 (2) (a) 3. of the statutes, as affected by this act, each private school participating in the program under section 119.23 of the statutes in the 2009-10 school year shall pay the fee required under section 119.23 (2) (a) 3. of the statutes, as affected by this act, no later than 30 days after the effective date of the rule promulgated under subsection (3 ).

AB75, s. 9140 Section 9140. Nonstatutory provisions; Public Lands, Board of Commissioners of.

AB75, s. 9141 Section 9141. Nonstatutory provisions; Public Service Commission.

AB75, s. 9142 Section 9142. Nonstatutory provisions; Regulation and Licensing.

AB75,1686,3 (1) Medical board support. The secretary of regulation and licensing shall form a dedicated work unit in the department of regulation and licensing to support the work of the medical examining board and the affiliated credentialing boards attached to the medical examining board by performing all aspects of credential processing, examination, and complaint investigation, for any credential issued or renewed under chapter 448 of the statutes.

AB75, s. 9143 Section 9143. Nonstatutory provisions; Revenue.

AB75,1686,12 (1) Emergency rules concerning oil company profits tax. The department of revenue may promulgate emergency rules under section 227.24 of the statutes implementing subchapter XIV of chapter 77 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.

AB75,1686,17 (2) Internal revenue code update. Changes to the Internal Revenue Code made by Public Law 110-28, excluding sections 8212, 8221, 8233, and 8235 of Public Law 110-28, and P.L. 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.

AB75,1686,20 (3) County property tax assessment program. Consistent with section 70.99 of the statutes, the department of revenue shall collaborate with counties on the creation of county property tax assessment systems.

AB75, s. 9144 Section 9144. Nonstatutory provisions; Secretary of State.

AB75, s. 9145 Section 9145. Nonstatutory provisions; State Employment Relations, Office of.

AB75, s. 9146 Section 9146. Nonstatutory provisions; State Fair Park Board.

AB75, s. 9147 Section 9147. Nonstatutory provisions; Supreme Court.

AB75, s. 9148 Section 9148. Nonstatutory provisions; Technical College System.

AB75, s. 9149 Section 9149. Nonstatutory provisions; Tourism.

AB75, s. 9150 Section 9150. Nonstatutory provisions; Transportation.

AB75,1687,4 (1) Transit authorities.

AB75,1687,9 (a) Initial terms of southeast regional transit authority. Notwithstanding the length of terms specified for members of the board of directors of the southeast regional transit authority under section 66.1039 (2) (a) and (3) (a) of the statutes, as created by this act, the initial terms for the following members of the board of directors shall be two years:

AB75,1687,11 1. One member appointed under section 66.1039 (3) (b) 4. of the statutes, as created by this act.

AB75,1687,14 2. If Kenosha County adopts a resolution under section 66.1039 (2) (a) 1. or 2. of the statutes, as created by this act, the member appointed under section 66.1039 (3) (b) 1. of the statutes, as created by this act, from the city of Kenosha.

AB75,1687,17 3. If Milwaukee County adopts a resolution under section 66.1039 (2) (a) 1. or 2. of the statutes, as created by this act, the member appointed under section 66.1039 (3) (b) 2. of the statutes, as created by this act, from the city of Milwaukee.

AB75,1687,22 (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.

AB75,1688,2 (c) Initial terms of Fox Cities regional transit authority. Notwithstanding the length of terms specified for members of the board of directors of the Fox Cities regional transit authority under section 66.1039 (2) (c) and (3) (a) of the statutes, as created by this act, the initial members of the board of directors shall be appointed for the following terms:

AB75,1688,4 1. The members appointed under section 66.1039 (3) (d) 1. of the statutes, as created by this act, for terms expiring on June 30, 2011.

AB75,1688,6 2. The members appointed under section 66.1039 (3) (d) 2. to 4. of the statutes, as created by this act, for terms expiring on June 30, 2013.

AB75,1688,13 (d) Required application of the southeast regional transit authority. No later than one year after the effective date of this paragraph, the southeast regional transit authority created under section 66.1039 (2) (a) 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 Kenosha-Racine-Milwaukee commuter rail link.

AB75,1688,14 (2) School bus inspections.

AB75,1688,18 (a) The department of transportation shall submit in proposed form the rules required under section 110.06 (6) 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 4th month beginning after the effective date of this paragraph.

AB75,1689,6 (b) Using the emergency rules procedure under section 227.24 of the statutes, the department of transportation shall promulgate the rules required under section 110.06 (6) of the statutes, as created by this act, for purposes of implementing this act, for the period before the effective date of the rules submitted under paragraph (a). The department shall promulgate these emergency rules no later than the first day of the 4th month beginning 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 department 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.

AB75,1689,10 (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:

AB75,1689,12 (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.

AB75,1689,15 (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.

AB75,1689,16 (4) Ambulance inspections.

AB75,1689,20 (a) The department of transportation shall submit in proposed form the rules required under section 341.085 (3) 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 4th month beginning after the effective date of this paragraph.

AB75,1690,8 (b) Using the emergency rules procedure under section 227.24 of the statutes, the department of transportation shall promulgate the rules required under section 341.085 (3) of the statutes, as created by this act, for purposes of implementing this act, for the period before the effective date of the rules submitted under paragraph (a). The department shall promulgate these emergency rules no later than the first day of the 4th month beginning 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 department 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.

AB75, s. 9151 Section 9151. Nonstatutory provisions; Treasurer.

AB75, s. 9152 Section 9152. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Authority.

AB75,1690,13 (1) Payment to state. No later than June 30, 2009, the University of Wisconsin Hospitals and Clinics Authority shall pay to the state, for deposit in the general fund, an amount equal to $49,000,000.

AB75, s. 9153 Section 9153. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Board.

AB75, s. 9154 Section 9154. Nonstatutory provisions; University of Wisconsin System.

AB75,1690,20 (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.

AB75,1691,4 (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.

AB75, s. 9155 Section 9155. Nonstatutory provisions; Veterans Affairs.

AB75, s. 9155m Section 9155m. Nonstatutory provisions; Wisconsin Quality Home Care Authority.

AB75,1691,11 (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:

AB75,1691,14 (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.

AB75,1691,17 (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.

AB75,1691,20 (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.

AB75,1691,24 (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.

AB75, s. 9156 Section 9156. Nonstatutory provisions; Workforce Development.

AB75,1692,2 (1) Refugee assistance services transfer.

AB75,1692,9 (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.

AB75,1692,14 (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.

AB75,1692,20 (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.

AB75,1692,25 (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.

AB75,1693,7 (e) Pending matters. Any matter pending with the department of workforce development on the effective date of this paragraph that is primarily related to refugee assistance services, as determined by the secretary of administration, is transferred to the department of children and families. All materials submitted to or actions taken by the department of workforce development with respect to the pending matter are considered as having been submitted to or taken by the department of children and families.

AB75,1693,14 (f) Contracts. All contracts entered into by the department of workforce development in effect on the effective date of this paragraph that are primarily related to refugee assistance services, as determined by the secretary of administration, remain in effect and are transferred to the department of children and families. The department of children and families shall carry out any obligations under those contracts unless modified or rescinded by the department of children and families to the extent allowed under the contract.

AB75,1693,22 (g) Rules and orders. All rules promulgated by the department of workforce development in effect on the effective date of this paragraph that are primarily related to refugee assistance services, remain in effect until their specified expiration dates or until amended or repealed by the department of children and families. All orders issued by the department of workforce development in effect on the effective date of this paragraph that are primarily related to refugee assistance services, remain in effect until their specified expiration dates or until modified or rescinded by the department of children and families.

AB75, s. 9157 Section 9157. Nonstatutory provisions; Other.

AB75,1694,10 (1) Coordinating administration of programs. The department of children and families, the department of health services, the department of workforce development, and the department of administration shall in conjunction develop a plan, by July 1, 2010, for streamlining enrollment processes, coordinating computer systems, and developing compatible billing methodologies under the public benefit programs administered by the departments for the purpose of coordinating the administration of those programs and creating a system in which a single smart card may be used for all of those programs. The plan shall include a process for implementing the proposed changes. If the departments determine that statutory changes, including for transferring funds between agencies, are necessary for implementing the plan, the departments shall, by July 1, 2010, prepare any proposed legislation that is necessary for the implementation.

AB75, s. 9201 Section 9201. Fiscal changes; Administration.

AB75,1694,13 (1) Lapse or transfer of unencumbered moneys in appropriation accounts and funds.

AB75,1694,16 (a) In this subsection, "state agency" has the meaning given in section 20.001 (1) of the statutes, but does not include the investment board or the department of employee trust funds.

AB75,1694,21 (b) Notwithstanding sections 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 state agencies, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $160,000,000 during the 2009-11 fiscal biennium.

AB75,1694,25 (c) 1. The secretary of administration may not lapse or transfer moneys under paragraph (b) if the lapse would violate a condition imposed by the federal government on the expenditure of the money or if the lapse or transfer would violate the federal or state constitution.

AB75,1695,5 2. From appropriations under sections 20.525, 20.625, 20.660, 20.680, and 20.765 of the statutes, for the purpose of accomplishing the lapse and transfer of moneys under paragraph (b), the secretary may lapse from sum certain appropriation accounts or subtract from the expenditure estimates for any other types of appropriations, or both.

AB75,1695,12 (d) Notwithstanding section 234.165 (2) of the statutes, the Wisconsin Housing and Economic Development Authority shall pay to the state in fiscal year 2010-11 $250,000 of its actual surplus under section 234.165 of the statutes and in fiscal year 2011-12 shall pay to the state $250,000 of its actual surplus under section 234.165 of the statutes. The amount paid to the state under this paragraph shall be deposited in the general fund and shall be considered part of the amount that the secretary of administration must lapse or transfer under paragraph (b ).

AB75, s. 9202 Section 9202. Fiscal changes; Aging and Long-Term Care Board.

AB75, s. 9203 Section 9203. Fiscal changes; Agriculture, Trade and Consumer Protection.

AB75,1695,17 (1) Agricultural chemical cleanup fund transfer. There is transferred from the agricultural chemical cleanup fund to the general fund $500,000 in fiscal year 2009-10 and $500,000 in fiscal year 2010-2011.

AB75,1695,20 (2) Agrichemical management fund transfer. There is transferred from the agrichemical management fund to the general fund $500,000 in fiscal year 2009-10 and $1,000,000 in fiscal year 2010-2011.

AB75, s. 9204 Section 9204. Fiscal changes; Arts Board.

AB75, s. 9205 Section 9205. Fiscal changes; Board for People with Developmental Disabilities.

AB75, s. 9206 Section 9206. Fiscal changes; Building Commission.

AB75, s. 9207 Section 9207. Fiscal changes; Child Abuse and Neglect Prevention Board.

AB75, s. 9208 Section 9208. Fiscal changes; Children and Families.

AB75,1696,8 (1) Milwaukee child welfare services. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of children and families under section 20.437 (1) (cx) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $3,000,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect for the purpose for which the appropriation is made.

AB75,1696,14 (2) Temporary Assistance for Needy Families programs. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of children and families under section 20.437 (2) (dz) of the statutes, as affected by the acts of 2009, the dollar amount is decreased by $22,529,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect for the purposes for which the appropriation is made.

AB75,1696,20 (3) Federal block grant aids. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of children and families under section 20.437 (2) (md) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $47,175,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect for the purposes for which the appropriation is made.

AB75, s. 9209 Section 9209. Fiscal changes; Circuit Courts.

AB75, s. 9210 Section 9210. Fiscal changes; Commerce.

AB75,1697,3 (1) Health professional loan programs. The unencumbered balance in the appropriation account under section 20.143 (1) (jL), 2007 stats., and the unencumbered balance in the appropriation account under section 20.143 (1) (jm), 2007 stats., are transferred to the appropriation account under section 20.285 (1) (jc) of the statutes, as affected by this act.

AB75, s. 9211 Section 9211. Fiscal changes; Corrections.

AB75,1697,5 (1) Juvenile correctional services deficit reduction.

AB75,1697,17 (a) Subject to paragraph (b), if notwithstanding sections 16.50 (2), 16.52, 20.002 (11), as affected by this act, and 20.903 of the statutes there is a deficit in the appropriation account under section 20.410 (3) (hm), 2007 stats., at the close of fiscal year 2008-09, any unencumbered balance in the appropriation account under section 20.410 (3) (ho), 2007 stats., at the close of fiscal year 2008-09, less the amounts required under that paragraph to be remitted to counties or transferred to the appropriation account under section 20.410 (3) (kx) of the statutes, and any unencumbered balance in the appropriation account under section 20.410 (3) (hr), 2007 stats., at the close of fiscal year 2008-09, shall be transferred to the appropriation account under section 20.410 (3) (hm) of the statutes, as affected by Section 313 of this act, except that the total amount of the unencumbered balances transferred under this paragraph may not exceed the amount of that deficit.

AB75,1697,25 (b) If the deficit specified in paragraph (a ) is less than the total amount of the unencumbered balances available for transfer under paragraph (a), the total amount transferred from the appropriation accounts under section 20.410 (3) (ho) and (hr), 2007 stats., to the appropriation account under section 20.410 (3) (hm) of the statutes, as affected by Section 313 of this act, under paragraph (a) shall equal the amount of that deficit and the amount transferred from each of those appropriation accounts shall be in proportion to the respective unencumbered balance available for transfer from each of those appropriation accounts.