Wisconsin Legislature: 20,9138

(c) Upon making a transfer under paragraph (a), the secretary shall report to the joint committee on finance the number of positions transferred and the affected appropriations for each department.

20,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.

(1) Transfer of regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services primarily related to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, as determined by the secretary of administration, including any unencumbered moneys from fees the department of safety and professional services has collected from charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, shall become the assets and liabilities of the department of financial institutions.

(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services that is primarily related to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, as determined by the secretary of administration, is transferred to the department of financial institutions.

(c) Contracts. All contracts entered into by the department of safety and professional services in effect on the effective date of this paragraph that are primarily related to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, as determined by the secretary of administration, remain in effect and are transferred to the department of financial institutions. The department of financial institutions shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of financial institutions to the extent allowed under the contract.

(d) Employee transfers. On the effective date of this paragraph, all positions, and the incumbent employees who hold those positions, in the department of safety and professional services with duties that are primarily related to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, as determined by the secretary of administration, are transferred to the department of financial institutions.

(e) Employee status. Employees transferred under paragraph (d) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of financial institutions that they enjoyed in the department of safety and professional services 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.

(f) Rules and orders. All rules promulgated by the department of safety and professional services that relate to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, that are in effect on the effective date of this paragraph, remain in effect until their specified expiration dates or until amended or repealed by the department of financial institutions. All orders issued by the department of safety and professional services relating to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of financial institutions.

(g) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that is primarily related to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, as determined by the secretary of administration, is transferred to the department of financial institutions and all materials submitted to or actions taken by the department of safety and professional services with respect to the pending matters are considered as having been submitted to or taken by the department of financial institutions.

(h) Fees. All fees for initial registrations and renewals of registrations under subchapter IV of chapter 440 of the statutes and under chapter 461 of the statutes that are in effect on the day before the effective date of this paragraph shall remain in effect until modified by the department of financial institutions under section 202.08 of the statutes, as created by this act.

(1i) Emergency rules for regulation of commercial bail bonds. Using the procedure under section 227.24 of the statutes, the department of safety and professional services may promulgate the rules required or otherwise authorized under sections 440.28 to 440.288 of the statutes, as created by this act, for the period before the permanent rules become 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 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.

(2) Construction site erosion control. Any matter pending with the department of safety and professional services on the effective date of this subsection that primarily relates to its erosion control responsibilities under section 101.1206, 2011 stats., or section 101.653, 2011 stats., as determined by the secretary of administration, remains the responsibility of the department of safety and professional services.

(3) Regulation of dangerous materials.

(am) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services that are determined by the secretary of administration to relate to the storage, use, and handling of flammable or combustible liquids or federally regulated hazardous substances under section 101.09, 2011 stats., become the assets and liabilities of the department of agriculture, trade and consumer protection.

(b) Employee transfer. All incumbent employees who hold positions in the department of safety and professional services that the secretary of administration determines relate to the storage, use, and handling of flammable or combustible liquids or federally regulated hazardous substances under section 101.09, 2011 stats., are transferred to the department of agriculture, trade and consumer protection on the effective date of this paragraph. The employees who are transferred under this paragraph shall include 2 employees whose duties include reviewing plans and petitions for variances relating to the storage of, handling, and use of flammable or combustible liquids and federally regulated hazardous substances.

(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 agriculture, trade and consumer protection that they enjoyed in the department of safety and professional services 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.

(dn) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services that the secretary of administration determines relate to the storage, use, and handling of flammable or combustible liquids or federally regulated hazardous substances under section 101.09, 2011 stats., is transferred to the department of agriculture, trade and consumer protection.

(em) Contracts. All contracts that were entered into by the department of safety and professional services that the secretary of administration determines to relate to the storage, use, and handling of flammable or combustible liquids or federally regulated hazardous substances under section 101.09, 2011 stats., and that are in effect on the effective date of this paragraph remain in effect and are transferred to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.

(fm) Rules and orders. All rules promulgated, and all orders issued, by the department of safety and professional services, that are determined by the secretary of administration to relate to the storage, use, and handling of flammable or combustible liquids or federally regulated hazardous substances under section 101.09, 2011 stats., and that are in effect on the effective date of this paragraph shall remain in effect until their specified expiration date or until amended or repealed by the department of agriculture, trade and consumer protection.

(gm) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that is determined by the secretary of administration to relate to the storage, use, and handling of flammable or combustible liquids or federally regulated hazardous substances under section 101.09, 2011 stats., is transferred to the department of agriculture, trade and consumer protection, and all materials submitted to or actions taken by the department of safety and professional services with respect to the pending matter are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.

(4) Petroleum product inspection and storage.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services that are determined by the secretary of administration to relate to the storage and inspection of petroleum products under section 101.142, 2011 stats., and chapter 168, 2011 stats., become the assets and liabilities of the department of agriculture, trade and consumer protection.

(b) Employee transfer. All incumbent employees who hold positions in the department of safety and professional services that the secretary of administration determines relate to the storage and inspection of petroleum products under section 101.142, 2011 stats., and chapter 168, 2011 stats., are transferred to the department of agriculture, trade and consumer protection on the effective date of this paragraph.

(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services that the secretary of administration determines to relate to the storage and inspection of petroleum products under section 101.142, 2011 stats., and chapter 168, 2011 stats., is transferred to the department of agriculture, trade and consumer protection.

(e) Contracts. All contracts that were entered into by the department of safety and professional services that the secretary of administration determines to relate to the storage and inspection of petroleum products under section 101.142, 2011 stats., and chapter 168, 2011 stats., and that are in effect on the effective date of this paragraph remain in effect and are transferred to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.

(f) Rules and orders. All rules promulgated, and all orders issued, by the department of safety and professional services, that are determined by the secretary of administration to relate to the storage and inspection of petroleum products under section 101.142, 2011 stats., and chapter 168, 2011 stats., and that are in effect on the effective date of this paragraph shall remain in effect until their specified expiration date or until amended or repealed by the department of agriculture, trade and consumer protection.

(g) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that is determined by the secretary of administration to relate to the storage and inspection of petroleum products under section 101.142, 2011 stats., and chapter 168, 2011 stats., is transferred to the department of agriculture, trade and consumer protection, and all materials submitted to or actions taken by the department of safety and professional services with respect to the pending matter are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.

(5) Transfer of information technology positions.

(a) On the effective date of this paragraph, 10.0 FTE PR positions in the department of safety and professional services having responsibility for information technology, and the incumbent employees holding those positions, identified by the secretary of administration, are transferred to the department of administration.

(b) The employees transferred under paragraph (a) have all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that those employees enjoyed in the department of safety and professional services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, the employees so transferred who have attained permanent status in class may not be required to serve a probationary period.

(6) Diesel truck idling reduction grants.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services that the secretary of administration determines relate to the awarding and administration of diesel truck idling reduction grants under section 101.45 of the statutes, as affected by this act, become the assets and liabilities of the department of administration.

(b) Employee transfers. All incumbent employees who hold positions in the department of safety and professional services that the secretary of administration determines relate to the awarding and administration of diesel truck idling reduction grants under section 101.45 of the statutes, as affected by this act, are transferred on the effective date of this paragraph to the department of administration.

(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 administration that they enjoyed in the department of safety and professional services 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 safety and professional services that the secretary of administration determines relate to the awarding and administration of the diesel truck idling reduction grants under section 101.45 of the statutes, as affected by this act, are transferred to the department of administration.

(e) Contracts. All contracts that were entered into by the department of safety and professional services that the secretary of administration determines relate to the awarding and administration of diesel truck idling reduction grants under section 101.45 of the statutes, as affected by this act, and that are in effect on the effective date of this paragraph 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.

(f) Rules and orders. All rules promulgated, and all orders issued, by the department of safety and professional services that the secretary of administration determines relate to the awarding and administration of diesel truck idling reduction grants under section 101.45 of the statutes, as affected by this act, and that are in effect on the effective date of this paragraph shall remain in effect until their specified expiration date or until amended or repealed by the department of administration.

(g) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that the secretary of administration determines relates to the awarding and administration of diesel truck idling reduction grants under section 101.45 of the statutes, as affected by this act, is transferred to the department of administration and all materials submitted to or actions taken by the department of safety and professional services with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

(7) Transfer of petroleum storage remedial action program.

(a) Assets and liabilities. The assets and liabilities of the department of safety and professional services that the secretary of administration determines to be primarily related to activities under sections 101.143, 101.1435, and 101.144, 2011 stats., become the assets and liabilities of the department of natural resources on the effective date of this paragraph.

(b) Employee transfer. All incumbent employees who hold positions in the department of safety and professional services performing duties that the secretary of administration determines to be primarily related to sections 101.143, 101.1435, and 101.144, 2011 stats., and the full-time equivalent positions held by those employees, are transferred to the department of natural resources on the effective date of this paragraph.

(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 natural resources that they enjoyed in the department of safety and professional services 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 safety and professional services that the secretary of administration determines to be primarily related to activities under sections 101.143, 101.1435, and 101.144, 2011 stats., is transferred to the department of natural resources.

(e) Contracts. All contracts that were entered into by the department of safety and professional services that the secretary of administration determines to be primarily related to sections 101.143, 101.1435, and 101.144, 2011 stats., and that are in effect on the effective date of this paragraph remain in effect and are transferred to the department of natural resources. The department of natural resources shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of natural resources to the extent allowed under the contract.

(f) Rules and orders. All rules promulgated, and all orders issued, by the department of safety and professional services that the secretary of administration determines to be primarily related to sections 101.143, 101.1435, and 101.144, 2011 stats., and that are in effect on the effective date of this paragraph, shall remain in effect until their specified expiration date or until amended or repealed by the department of natural resources.

(g) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that the secretary of administration determines to be related to section 101.143, 101.1435, or 101.144, 2011 stats., is transferred to the department of natural resources, and all materials submitted to or actions taken by the department of safety and professional services with respect to the pending matter are considered as having been submitted to or taken by the department of natural resources.

(8c) Appointment of certain individuals to positions in classified service of state civil service system. Notwithstanding section 230.15 (1) of the statutes, on the effective date of this subsection, 3 incumbent employees holding unclassified positions specified in section 230.08 (2) (v), 2011 stats., and one of the unclassified division administrator positions specified in section 230.08 (2) (e) 11m., 2011 stats., shall be appointed to comparable positions in the classified service in the department of safety and professional services, as determined by the secretary of safety and professional services. The administrator of the division of merit recruitment and selection in the office of state employment relations shall waive the requirement for competitive examination under section 230.15 (1) of the statutes with respect to the classified positions and shall certify the incumbent employees for appointment to the classified positions. The administrator shall determine the employee's probationary status under section 230.28 of the statutes, except that the employee shall receive credit toward his or her probationary period for the time that the employee had been employed in any unclassified position immediately prior to appointment.

(9q) Treatment of certain applicants for chiropractic licensure. Notwithstanding section 446.02 (3), 2011 stats., any person who applied, on or after January 1, 2012, and before the effective date of this subsection, to the chiropractic examining board for a license to practice as a chiropractor in this state and who took the exam under section 446.02 (3) (a), 2011 stats., shall not be required to have successfully completed that exam and shall be considered to have satisfied all examination requirements to obtain a license to practice as a chiropractor in this state if the person has done all of the following:

(a) Achieved a score of 375 or higher on Part III of the examination administered by the National Board of Chiropractic Examiners.

(b) Achieved a score of 375 or higher on Part IV of the examination administered by the National Board of Chiropractic Examiners.

20,9145 Section 9145. Nonstatutory provisions; Transportation.

(3) Temporary funding for I 94 project.

(a) In this subsection, "I 94 project" means the reconstruction of I 94 in Milwaukee County from 70th Street to 25th Street.

(b) Notwithstanding sections 84.013 (1) (a) and 84.0145 (3) of the statutes and section 84.0145 (2) of the statutes, as affected by this act, during the 2013-14 fiscal year, the department of transportation may encumber or expend moneys from the appropriation under section 20.395 (3) (bq) of the statutes, as affected by this act, for preliminary engineering and design work associated with the I 94 project if a record of decision on the project's environmental impact study is issued during the 2013-14 fiscal year.

(c) Notwithstanding sections 84.013 (1) (a) and 84.0145 (3) of the statutes and section 84.0145 (2) of the statutes, as affected by this act, during the 2014-15 fiscal year, the department of transportation may encumber or expend moneys from the appropriation under section 20.395 (3) (bq), as affected by this act, of the statutes for preliminary engineering and design work associated with the I 94 project if a record of decision on the project's environmental impact study is issued during the 2013-15 fiscal biennium.

(4i) Racine County harbor assistance grant. In the 2013-14 fiscal year, from the appropriations under sections 20.395 (2) (cq) and 20.866 (2) (uv) of the statutes, as affected by this act, notwithstanding the eligibility criteria under section 85.095 of the statutes, the department of transportation shall award a grant under section 85.095 (2) (a) of the statutes to Racine County for dredging of a boat marina located at the mouth of the Root River. The amount of the grant awarded under this subsection shall be $700,000 or the total cost of the project, whichever is less.

(4u) Town of Washington harbor assistance grant. In the 2013-15 fiscal biennium, from the appropriations under sections 20.395 (2) (cq) and 20.866 (2) (uv) of the statutes, as affected by this act, notwithstanding the eligibility criteria of section 85.095 of the statutes, the department of transportation shall award a grant under section 85.095 (2) (a) of the statutes to the town of Washington in Door County for dredging, disposal of dredged material, and related costs associated with the dredging of the west channel entrance to Detroit Harbor. The amount of the grant awarded under this subsection shall be $5,200,000 or the total cost of the project, whichever is less.

(5v) Transportation alternatives program.

(a) Notwithstanding section 85.021 (2) (a) of the statutes, as created by this act, and subject to paragraph (b), any project for which a grant was awarded under section 85.024, 2011 stats., 85.026, 2011 stats., 85.027, 2011 stats., or 85.029, 2011 stats., is eligible to proceed to completion under the transportation alternatives program under section 85.021 of the statutes, as created by this act, if the project proceeds in accordance with the provisions of the program under which the grant for the project was awarded.

(b) If a project for which a grant was awarded under section 85.024, 2011 stats., 85.026, 2011 stats., 85.027, 2011 stats., or 85.029, 2011 stats., is not commenced within 4 years after the date that the grant was awarded or one year after the effective date of this paragraph, whichever is later, the project may not proceed as provided under paragraph (a) and the grant award is rescinded. For purposes of this paragraph, a planning project is commenced when a planning study is begun and an infrastructure project is commenced when construction is begun.

(7L) County trunk highway relocation project in Sheboygan County.

(a) In this subsection:

1. "Affected local governments" means Manitowoc County, Sheboygan County, the town of Centerville in Manitowoc County, the town of Mosel in Sheboygan County, the town of Sheboygan in Sheboygan County, and the village of Cleveland in Manitowoc County.

2. "Department" means the department of transportation.

3. "Project" means the relocation of CTH "LS" to the existing Dairyland Drive in Manitowoc and Sheboygan counties and the construction of access roads to properties along existing CTH "LS."

(b) Notwithstanding limitations on the amount and use of aids provided under section 86.31 of the statutes, or on eligibility requirements for receiving aids under section 86.31 of the statutes, the department shall award a grant in the 2013-15 fiscal biennium to the affected local governments for the project if the affected local governments reach a jurisdictional transfer agreement that specifies all of the following to the satisfaction of the department:

1. The obliteration of 1.3 miles of the existing CTH "LS."

2. The construction of 2 new town road cul-de-sacs, a town through-road, or another mechanism to provide access to those properties that would lose access to CTH "LS" under the project.

3. The relocation of CTH "LS" to Dairyland Drive within termini satisfactory to all parties to the jurisdictional transfer agreement.

4. Repairs to the existing CTH "LS" within the relocated portion of the route to put it in a condition that is agreeable to the parties to the jurisdictional transfer agreement and is manageable by the municipalities that would assume jurisdiction of the road.

5. Improvements to the new CTH "LS" route necessary to put it in a condition meeting county trunk highway standards.

6. Jurisdictional responsibilities for the relocated, newly constructed, and existing roads.

7. Any other conditions that the department determines are appropriate.

(c) The amount of the grant under paragraph (b) may not exceed $4,200,000 or 50 percent of the project costs, whichever is less. Payment of the grant under paragraph (b) shall be made from the appropriation under section 20.395 (2) (ft) of the statutes, as affected by this act. Not more than $600,000 of the grant amount may be paid from amounts appropriated under section 20.395 (2) (ft) of the statutes, as affected by this act, and allocated for purposes of section 86.31 (3g) of the statutes. Not more than $3,600,000 of the grant amount may be paid from amounts appropriated under section 20.395 (2) (ft) of the statutes, as affected by this act, that are not allocated for purposes of section 86.31 (3g), (3m), or (3r) of the statutes.

(9w) Directional signs for the Shrine of Our Lady of Good Help. Notwithstanding section 86.19 (2) of the statutes and any rule promulgated under section 86.19 (2) of the statutes, the department of transportation shall, in the 2013-15 fiscal biennium, erect 2 directional signs along STH 57 in Brown County for the Shrine of Our Lady of Good Help. One sign shall be visible from the northbound lanes of STH 57 and shall be placed near the intersection of STH 57 and CTH "K" and the other sign shall be visible from the southbound lanes of STH 57 and shall be placed near the intersection of STH 57 and CTH "P."

20,9146 Section 9146. Nonstatutory provisions; Treasurer.

(1c) Transfer of unclaimed property program to department of revenue.

(a) Assets and liabilities. The assets and liabilities of the office of the state treasurer that the secretary of administration determines to be primarily related to activities under chapter 177, 2011 stats., become the assets and liabilities of the department of revenue on the effective date of this paragraph.

(b) Employee transfer. All incumbent employees who hold positions in the office of the state treasurer performing duties that the secretary of administration determines to be primarily related to chapter 177, 2011 stats., and the full-time equivalent positions held by those employees, are transferred to the department of revenue on the effective date of this paragraph.

(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 revenue that they 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.

(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of the state treasurer that the secretary of administration determines to be primarily related to activities under chapter 177, 2011 stats., is transferred to the department of revenue.

(e) Contracts. All contracts that were entered into by the office of the state treasurer that the secretary of administration determines to be primarily related to activities under chapter 177, 2011 stats., and that are in effect on the effective date of this paragraph remain in effect and are transferred to the department of revenue. The department of revenue shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of revenue to the extent allowed under the contract.

(f) Rules and orders. All rules promulgated, and all orders issued, by the office of the state treasurer that the secretary of administration determines to be primarily related to activities under chapter 177, 2011 stats., and that are in effect on the effective date of this paragraph, shall remain in effect until their specified expiration date or until amended or repealed by the department of revenue.

(g) Pending matters. Any matter pending with the office of the state treasurer that the secretary of administration determines to be primarily related to activities under chapter 177, 2011 stats., is transferred to the department of revenue, 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 revenue.

20,9148 Section 9148. Nonstatutory provisions; University of Wisconsin System.

(1e) Definition. In this section, "board" means the Board of Regents of the University of Wisconsin System.