AB40: Bill Text

AB40,1307,17 (f) Rules and orders. All rules promulgated by the office of the state treasurer in effect on the effective date of this paragraph that are primarily related to the state treasurer's performance of duties under sections 14.63, 14.64, and 14.65, 2009 stats., as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of administration. All orders issued by the office of the state treasurer in effect on the effective date of this paragraph that are primarily related to the state treasurer's performance of duties under sections 14.63, 14.64, and 14.65, 2009 stats., as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.

AB40,1307,19 (2) Transfer of local government pooled-investment duties to the department of administration.

AB40,1307,24 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of the state treasurer that are primarily related to the state treasurer's performance of duties under section 25.50, 2009 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

AB40,1307,25 (b) Staff.

AB40,1308,7 1. On the effective date of this subdivision, 1.0 FTE PR position in the office of the state treasurer, and the incumbent employee holding that position funded from the appropriation under section 20.585 (1) (g), 2009 stats., and responsible for the performance of duties related to the local government pooled-investment fund under section 25.50, 2009 stats., is transferred to the department of administration to be funded from the appropriation under section 20.505 (1) (gc) of the statutes, as affected by this act. The secretary of administration shall identify the position.

AB40,1308,13 2. An employee transferred under subdivision 1. to the department of administration has all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department that he or she enjoyed in the office of the state treasurer 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.

AB40,1308,18 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of the state treasurer that are primarily related to the state treasurer's performance of duties under section 25.50, 2009 stats., as determined by the secretary of administration, is transferred to the department of administration.

AB40,1308,24 (d) Pending matters. Any matter pending with the office of the state treasurer that is primarily related to the state treasurer's performance of duties under section 25.50, 2009 stats., as determined by the secretary of administration, is transferred to the department of administration. All materials submitted to or actions taken by the office of the state treasurer with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB40,1309,7 (e) Contracts. All contracts entered into by the office of the state treasurer in effect on the effective date of this paragraph that are primarily related to the state treasurer's performance of duties under section 25.50, 2009 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under those contracts unless modified or rescinded by the department of administration to the extent allowed under the contract.

AB40,1309,17 (f) Rules and orders. All rules promulgated by the office of the state treasurer in effect on the effective date of this paragraph that are primarily related to the state treasurer's performance of duties under section 25.50, 2009 stats., as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of administration. All orders issued by the office of the state treasurer in effect on the effective date of this paragraph that are primarily related to the state treasurer's performance of duties under section 25.50, 2009 stats., as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.

AB40,1309,19 (3) Transfer of management service functions to department of administration.

AB40,1309,23 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of the state treasurer that are primarily related to management services, as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

AB40,1310,3 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of the state treasurer that are primarily related to management services, as determined by the secretary of administration, shall become the tangible personal property of the department of administration.

AB40,1310,10 (c) Contracts. All contracts entered into by the office of the state treasurer in effect on the effective date of this paragraph that are primarily related to management services, as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

AB40,1310,19 (d) Rules and orders. All rules promulgated by the office of the state treasurer in effect on the effective date of this paragraph that are primarily related to management services, as determined by the secretary of administration, remain in effect until their specified expiration date or until amended or repealed by the department of administration. All orders issued by the office of the state treasurer in effect on the effective date of this paragraph that are primarily related to management services, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the department of administration.

AB40,1310,25 (e) Pending matters. Any matter pending with the office of the state treasurer on the effective date of this paragraph that is primarily related to management services, as determined by the secretary of administration, is transferred to the department of administration and all materials submitted to or actions taken by the office of the state treasurer with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB40, s. 9150 Section 9150. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Authority.

AB40, s. 9151 Section 9151. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Board.

AB40, s. 9152 Section 9152. Nonstatutory provisions; University of Wisconsin System.

AB40,1311,4 (1) Transfer of University of Wisconsin–Madison.

AB40,1311,5 (a) Definitions. In this subsection:

AB40,1311,7 1. "Authority" means the University of Wisconsin–Madison authority, as created by this act.

AB40,1311,8 2. "Board of Trustees" means the Board of Trustees of the authority.

AB40,1311,9 3. "Board of Regents" means the Board of Regents of the system.

AB40,1311,10 4. "Secretary" means the secretary of administration.

AB40,1311,11 5. "System" means the University of Wisconsin System.

AB40,1311,15 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the system, including real property and moneys in the university trust funds, that relate to the operation of the University of Wisconsin–Madison, as determined by the secretary, shall become the assets and liabilities of the authority.

AB40,1311,19 (c) Tangible personal property; records. On the effective date of this paragraph, all tangible personal property, including records, of the system that relates to the operation of the University of Wisconsin–Madison, as determined by the secretary, is transferred to the authority.

AB40,1312,8 (d) Employees. All incumbent employees holding positions in the system and assigned to the University of Wisconsin–Madison are transferred on the effective date of this paragraph to the authority. Until July 1, 2012, the authority shall adhere to the terms of any collective bargaining agreement covering the employees that is in force on the effective date of this paragraph, including terms relating to employer payment of any employee required contributions under the Wisconsin Retirement System and employer payment of any health insurance premiums on behalf of employees. Beginning July 1, 2012, the authority shall establish the compensation and benefits of the employees under the terms of the personnel system established by the board of trustees under section 37.11 (1g) of the statutes, as created by this act.

AB40,1312,12 (e) Contracts and agreements. 1. All contracts entered into by the Board of Regents in effect on the effective date of this paragraph that are primarily related to the operation of the University of Wisconsin–Madison, as determined by the secretary, remain in effect and are transferred to the Board of Trustees.

AB40,1312,16 2. All agreements entered into between the Board of Regents and the Board of Directors of the University of Wisconsin Hospitals and Clinics Authority under section 233.04 (7) and (7m), 2009 stats., in effect on the effective date of this paragraph remain in effect and are transferred to the Board of Trustees.

AB40,1312,19 3. The Board of Trustees shall carry out any obligations under such contracts and agreements until the contract or agreement is modified or rescinded by the Board of Trustees to the extent allowed under the contract or agreement.

AB40,1313,4 (f) Cooperative agreements. Notwithstanding paragraph (e ), any academic, research, or outreach program or activity that was being conducted by the University of Wisconsin–Madison by means of a cooperative agreement or memorandum of understanding with an institution within the system, the University of Wisconsin-Extension, or the University of Wisconsin Colleges immediately before the effective date of this paragraph continues regardless of any changes in the structure or mechanism of funding the program or activity until the Board of Trustees and the other institution mutually agree to modify the agreement or memorandum of understanding or funds are no longer appropriated for the program or activity.

AB40,1313,10 (g) Rules. The Board of Trustees shall enforce the rules promulgated by the Board of Regents under section 36.11 (1) (a), (c), and (cm) of the statutes that are in effect on the effective date of this paragraph on university property as if the Board of Trustees had promulgated them. The rules shall continue to apply until the Board of Trustees promulgates rules under section 37.11 (1m) (a), (c), and (cm) of the statutes, as affected by this act.

AB40,1313,17 (h) Policies and procedures. All policies and procedures of the system that are in effect on the effective date of this paragraph, and that relate to the operation of the University of Wisconsin–Madison, and all policies and procedures of the University of Wisconsin–Madison that are in effect on the effective date of this paragraph, become policies and procedures of the authority and remain in effect until their specified expiration date or until modified or rescinded by the Board of Trustees.

AB40,1313,23 (i) Pending matters. Any matter pending with the Board of Regents on the effective date of this paragraph that is primarily related to the operation of the University of Wisconsin–Madison, as determined by the secretary, is transferred to the Board of Trustees and all materials submitted to or actions taken by the Board of Regents with respect to the pending matters are considered as having been submitted to or taken by the Board of Trustees.

AB40,1314,5 (j) Board of Regents duties. Notwithstanding paragraphs (b ) to (i), until the Board of Trustees notifies the Board of Regents that the transfers under this subsection have been completed, the Board of Regents shall provide the authority with the usual and customary services that the Board of Regents provided to the University of Wisconsin–Madison prior to the effective date of this paragraph and with any other services or resources necessary to complete the transfers under this subsection.

AB40,1314,6 (2) Plan for University of Wisconsin-Milwaukee authority.

AB40,1314,9 (a) By October 1, 2012, the Board of Regents of the University of Wisconsin System shall submit to the secretary of administration, for his or her approval, a plan for the conversion of the University of Wisconsin-Milwaukee to an authority.

AB40,1314,17 (b) The Board of Regents of the University of Wisconsin System shall allocate $250,000 from the appropriation under section 20.285 (3) (a) of the statutes for development of the plan under paragraph (a ). By October 1, 2011, the Board of Regents of the University of Wisconsin System shall submit to the secretary of administration a plan specifying how the board will allocate the funds. The secretary of administration may approve or modify the plan. Upon approval or modification by the secretary of administration, the board shall implement the plan as approved or modified by the secretary.

AB40,1314,18 (3) System administration general program operations.

AB40,1314,19 (a) In this subsection:

AB40,1314,20 1. "Board" means the Board of Regents of the University of Wisconsin System.

AB40,1314,25 2. "Reduction amount" means the difference between the total amounts shown in the schedule under section 20.005 (3) of the statutes for the appropriation under section 20.285 (3) (a) of the statutes for fiscal years 2009-10 and 2010-11 and the total amounts shown in the schedule under that appropriation for fiscal years 2011-12 and 2012-13.

AB40,1315,6 (b) No later than October 1, 2011, the board shall submit a plan to the secretary of administration specifying the board's preferences for allocating the reduction amount among general program operations of the university system administration. The secretary of administration may approve or modify the plan. Upon approval or modification by the secretary of administration, the board shall implement the plan as approved or modified by the secretary.

AB40, s. 9153 Section 9153. Nonstatutory provisions; Veterans Affairs.

AB40,1315,8 (1) State approval agency designation.

AB40,1315,13 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of veterans affairs primarily related to functions as the state approval agency for the education of veterans and other eligible persons, as determined by the secretary of administration, shall become the assets and liabilities of the department of safety and professional services.

AB40,1315,19 (b) Employee transfers. All positions, and the incumbent employees holding those positions, in the department of veterans affairs performing duties primarily related to functions as the state approval agency for the education of veterans and other eligible persons, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of safety and professional services.

AB40,1315,25 (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 safety and professional services that they enjoyed in the department of veterans affairs 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.

AB40,1316,5 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of veterans affairs that is primarily related to functions as the state approval agency for the education of veterans and other eligible persons, as determined by the secretary of administration, is transferred to the department of safety and professional services.

AB40,1316,13 (e) Contracts. All contracts entered into by the department of veterans affairs in effect on the effective date of this paragraph that are primarily related to functions as the state approval agency for the education of veterans and other eligible persons, as determined by the secretary of administration, remain in effect and are transferred to the department of safety and professional services. The department of safety and professional services shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of safety and professional services to the extent allowed under the contract.

AB40,1316,24 (f) Rules and orders. All rules promulgated by the department of veterans affairs that are in effect on the effective date of this paragraph and that are primarily related to functions as the state approval agency for the education of veterans and other eligible persons, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of safety and professional services. All orders issued by the department of veterans affairs that are in effect on the effective date of this paragraph and that are primarily related to functions as the state approval agency for the education of veterans and other eligible persons, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of safety and professional services.

AB40,1317,8 (g) Pending matters. Any matter pending with the department of veterans affairs on the effective date of this paragraph that is primarily related to functions as the state approval agency for the education of veterans and other eligible persons, as determined by the secretary of administration, is transferred to the department of safety and professional services and all materials submitted to or actions taken by the department of veterans affairs with respect to the pending matters are considered as having been submitted to or taken by the department of safety and professional services.

AB40, s. 9154 Section 9154. Nonstatutory provisions; Workforce Development.

AB40,1317,10 (1) Local agency reimbursement contracts.

AB40,1317,16 (a) Positions and employees. On the effective date of this paragraph, one position and the incumbent employee, if any, holding that position in the department of workforce development performing duties that are primarily related to local agency reimbursement contracts for programs administered by the department of children and families, as determined by the secretary of administration, are transferred to the department of children and families.

AB40,1317,22 (b) Employee status. Any employee transferred under paragraph (a ) has 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 he or she 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.

AB40, s. 9155 Section 9155. Nonstatutory provisions; Other.

AB40,1318,10 (1) University of Wisconsin–Madison Employees. Notwithstanding section 230.03 (3) of the statutes, as affected by this act, the University of Wisconsin–Madison authority shall be considered an agency, as defined in section 230.03 of the statutes, as affected by this act, until July 1, 2012, for all purposes under chapter 230 of the statutes and all employees of the University of Wisconsin–Madison authority who were in the classified service of the state civil service and who were transferred to the authority under Section 9152 (1) (d) shall have all the rights and privileges offered classified employees until July 1, 2012. The department of employee trust funds shall continue to administer the program defined in section 230.12 (9) of the statutes on behalf of the employees of the University of Wisconsin-Madison under sections 37.13, 37.15, and 37.17 of the statutes, as created by this act, until June 30, 2012.

AB40,1318,15 (2) University of Wisconsin–Madison Board of Trustees; initial appointments. Notwithstanding the lengths of the terms specified in section 37.02 (1) (a) of the statutes, as created by this act, the initial members of the Board of Trustees of the University of Wisconsin–Madison shall be initially appointed for the following terms:

AB40,1318,23 (a) The member appointed under section 37.02 (1) (a) 1. a. of the statutes, as created by this act, the member appointed under section 37.02 (1) (a) 1. b. of the statutes, as created by this act, 2 members appointed under section 37.02 (1) (a) 1. c. of the statutes, as created by this act, a member appointed under section 37.02 (1) (a) 2. a. of the statutes, as created by this act, the member appointed under section 37.02 (1) (a) 2. b. of the statutes, as created by this act, and 2 members appointed under section 37.02 (1) (a) 2. c. of the statutes, as created by this act, for terms expiring on May 1, 2014.

AB40,1319,2 (b) Four members appointed under section 37.02 (1) (a) 1. c. of the statutes, as created by this act, 2 members appointed under section 37.02 (1) (a) 2. d. of the statutes, as created by this act, and the member appointed under section 37.02 (1) (a) 3. of the statutes, as created by this act, for terms expiring on May 1, 2013.

AB40,1319,6 (c) Three members appointed under section 37.02 (1) (a) 1. c. of the statutes, as created by this act, a member appointed under section 37.02 (1) (a) 2. a. of the statutes, as created by this act, and 2 members appointed under section 37.02 (1) (a) 2. e. of the statutes, as created by this act, for terms expiring on May 1, 2012.

AB40, s. 9201 Section 9201. Fiscal changes; Administration.

AB40, s. 9202 Section 9202. Fiscal changes; Aging and Long-Term Care Board.

AB40, s. 9203 Section 9203. Fiscal changes; Agriculture, Trade and Consumer Protection.

AB40, s. 9204 Section 9204. Fiscal changes; Arts Board.

AB40, s. 9205 Section 9205. Fiscal changes; Board for People with Developmental Disabilities.

AB40, s. 9206 Section 9206. Fiscal changes; Building Commission.

AB40, s. 9207 Section 9207. Fiscal changes; Child Abuse and Neglect Prevention Board.

AB40, s. 9208 Section 9208. Fiscal changes; Children and Families.

AB40, s. 9209 Section 9209. Fiscal changes; Circuit Courts.

AB40, s. 9210 Section 9210. Fiscal changes; Commerce.

AB40,1319,19 (1) Petroleum inspection fund transfer to the transportation fund. There is transferred from the petroleum inspection fund to the transportation fund $19,500,000 in each fiscal year of the 2011-13 fiscal biennium.

AB40,1320,2 (2) Economic development transfer. The unencumbered balances in the appropriation accounts under section 20.143 (1) (a), (b), (bk), (bt), (c), (cf), (d), (dr), (e), (em), (er), (ew), (fi), (fj), (fy), (g), (gc), (gh), (gm), (gv), (h), (hm), (hr), (ie), (ig), (io), (ir), (jp), (k), (k), (kb), (kc), (kf), (kg), (kh), (kj), and (kt) of the statutes are transferred to the appropriation account under section 20.192 (1) (k) of the statutes.

AB40,1320,6 (3) Economic development transfer; federal moneys. The unencumbered balances in the appropriation accounts under section 20.143 (1) (m), (mr), (n), and (o) of the statutes are transferred to the appropriation account under section 20.192 (1) (m) of the statutes.

AB40, s. 9211 Section 9211. Fiscal changes; Corrections.

AB40, s. 9212 Section 9212. Fiscal changes; Court of Appeals.

AB40, s. 9213 Section 9213. Fiscal changes; District Attorneys.

AB40, s. 9214 Section 9214. Fiscal changes; Educational Communications Board.

AB40, s. 9215 Section 9215. Fiscal changes; Employee Trust Funds.

AB40, s. 9216 Section 9216. Fiscal changes; Employment Relations Commission.

AB40, s. 9217 Section 9217. Fiscal changes; Financial Institutions.

AB40, s. 9218 Section 9218. Fiscal changes; Government Accountability Board.

AB40, s. 9219 Section 9219. Fiscal changes; Governor.

AB40, s. 9220 Section 9220. Fiscal changes; Fiscal changes; Health and Educational Facilities Authority.

AB40, s. 9221 Section 9221. Fiscal changes; Health Services.

AB40,1320,22 (1) Medical Assistance general purpose revenue lapse. Notwithstanding section 20.001 (3) (b) of the statutes, there is lapsed to the general fund from the appropriation account of the department of health services under section 20.435 (4) (b) of the statutes, as affected by the acts of 2011, no more than $24,950,000 in the first fiscal year of the fiscal biennium in which this subsection takes effect.