2013 Wisconsin Act 20

(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 The department of revenue shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of revenue to the extent allowed under the contract.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the effective date of this paragraph, shall remain in effect until their specified expiration date or until amended or repealed by the department of revenue.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.

(1i) Incentive grants.

(a) Within 90 days after the effective date of this paragraph, the board shall submit to the secretary of administration and the joint committee on finance a plan for the establishment of the incentive grant program under section 36.25 (52) of the statutes, as created by this act. The plan shall include all of the following:

1. Application procedures and procedures and criteria for awarding grants.

2. A plan to establish performance goals and accountability measures for each grant recipient.

3. A plan to track and report program results reported by grant recipients.

4. An acknowledgment that the amounts awarded are not base building.

(c) If the cochairpersons of the joint committee on finance do not notify the board within 14 working days after the date of the board's submission of the plan under paragraph (a) that the committee has scheduled a meeting for the purpose of reviewing the plan, the board may implement the plan, but only upon approval of the secretary of administration. If, within 14 working days after the date of the board's submission of the plan under paragraph (a), the cochairpersons of the joint committee on finance notify the board that the committee has scheduled a meeting for the purpose of reviewing the plan, the board may implement the plan only upon approval of the committee and the secretary of administration.

(d) Notwithstanding section 36.25 (52) (a) of the statutes, as created by this act, the board may award grants under section 36.52 (52) (a) of the statutes, as created by this act, only as provided in a plan that is approved under paragraph (c).

(2c) Flexible option initiative. Of the moneys appropriated to the board under section 20.285 (1) (gb) of the statutes, as affected by this act, the board shall allocate $650,000 in the first fiscal year of the fiscal biennium in which this subsection takes effect, and $1,300,000 in the second fiscal year of the fiscal biennium in which this subsection takes effect, to fund the University of Wisconsin Flexible Option initiative.

(3i) Funding for medical school programs. From the appropriation under section 20.285 (1) (gb) of the statutes, as affected by this act, in each fiscal year of the fiscal biennium in which this subsection takes effect the board shall allocate $1,500,000 for the Wisconsin Academy for Rural Medicine and the Training in Urban Medicine and Public Health Program at the University of Wisconsin School of Medicine and Public Health.

(4i) Translational imaging research.

(a) Of the moneys appropriated under section 20.285 (1) (gb) of the statutes, as affected by this act, the board shall allocate $3,750,000 in the fiscal biennium in which this paragraph takes effect for costs incurred by the University of Wisconsin Carbone Cancer Center that relate to translational imaging research, research imaging and scanning, research imaging equipment, and the Wisconsin Oncology Network. The funds allocated by the board under this paragraph shall be funds that would have been otherwise allocated to the University of Wisconsin System and not to any University of Wisconsin institution or the University of Wisconsin-Extension.

(b) The board may not expend the funds allocated under paragraph (a) unless it receives an equivalent amount for the same purpose from federal, private, or other sources.

(c) The board shall submit to the joint committee on finance a plan for the expenditure of the funds allocated under paragraph (a). If the cochairpersons of the joint committee on finance do not notify the board within 14 working days after the date on which the board submits the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the board may expend the funds as provided in the plan. If, within 14 working days after the date on which the board of regents submits the plan, the cochairpersons of the joint committee on finance notify the board that the committee has scheduled a meeting for the purpose of reviewing the plan, the board may implement the plan for the expenditure of the funds only upon approval by the committee.

(4L) Account balances; methodology. The Board of Regents of the University of Wisconsin System shall develop a methodology for the calculation of program revenue balances and reserves, expressed in both dollars and as percentages of total annual expenses, for the University of Wisconsin System as a whole and for individual University of Wisconsin institutions, as defined in section 36.05 (9) of the statutes, and the extension. By September 1, 2013, the Board of Regents shall submit its proposed methodology to the joint legislative audit committee for approval, modification, or disapproval.

(4m) Limits on account balances; distribution and expenditure of funds.

(a) In this subsection, "institution" has the meaning given in section 36.05 (9) of the statutes and includes the extension.

(b) By January 1, 2014, the Board of Regents of the University of Wisconsin System shall submit to the joint committee on finance all of the following:

1. Proposed limits on program revenue account balances for the University of Wisconsin System as a whole and for each individual institution and proposed reports relating to the limits.

2. Proposed policies regarding the annual distribution of tuition and fee revenue and state general purpose revenue to each institution.

3. Proposed policies regarding the expenditure of tuition and fee revenue and state general purpose revenue by each institution.

(c) If the cochairpersons of the joint committee on finance do not notify the Board of Regents within 14 working days after the date on which the Board of Regents submits the proposals under paragraph (b) that the committee has scheduled a meeting for the purpose of reviewing one or more proposals, the Board of Regents shall implement the proposals. If, within 14 working days after the date on which the Board of Regents submits the proposals, the cochairpersons of the joint committee on finance notify the secretary that the committee has scheduled a meeting for the purpose of reviewing a proposal, the Board of Regents may implement the proposal only as approved by the committee.

(4n) Tuition and segregated fees .

(a) 1. Notwithstanding section 36.27 (1) (a) of the statutes, the Board of Regents of the University of Wisconsin System may not charge resident undergraduates enrolled in an institution or college campus in the 2013-14 or 2014-15 academic year more in academic fees than it charged resident undergraduates enrolled in that institution or college campus in the 2012-13 academic year.

2. The limit under subdivision 1. does not apply to differential tuition approved by the Board of Regents before June 1, 2011.

(b) The Board of Regents of the University of Wisconsin System shall ensure that the allocable segregated fees charged students enrolled in an institution or college campus in the 2013-14 and 2014-15 academic years do not exceed the allocable segregated fees charged students enrolled in that institution or college campus in the 2012-13 academic year.

(5e) Funding plan. Within 90 days after the effective date of this subsection, the board shall submit a plan to the joint committee on finance that identifies the sources of the program revenues under section 20.285 (1) (gb) of the statutes, as affected by this act, which the board proposes to use to make the allocations required under section 36.25 (52) (a) of the statutes, as created by this act, and subsections (2c), (3i), and (4i) (a) and to make the transfer to the appropriation account under section 20.235 (1) (ke) of the statutes, as created by this act. If the cochairpersons of the joint committee on finance do not notify the board within 14 working days after the date of the board's submission of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the board may make the allocations and the transfer as specified in the plan. If, within 14 working days after the date of the board's submission of the plan, the cochairpersons of the joint committee on finance notify the board that the committee has scheduled a meeting for the purpose of reviewing the plan, then, notwithstanding section 36.25 (52) (a) of the statutes, as created by this act, subsections (2c), (3i), and (4i) (a), and section 20.285 (1) (gb) of the statutes, as affected by this act, the board may make the allocations and the transfer specified in the plan only upon approval by the committee.

20,9149 Section 9149. Nonstatutory provisions; Veterans Affairs.

(1) 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, the incumbent employees holding the unclassified positions specified in section 230.08 (2) (xm), 2011 stats., and one of the unclassified division administrator positions specified in section 230.08 (2) (e) 13., 2011 stats., shall be appointed to comparable positions in the classified service in the department of veterans affairs, as determined by the secretary of veterans affairs. 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.

(2) Emergency rules concerning tribal college tuition reimbursement program. The department of veterans affairs may promulgate emergency rules under section 227.24 of the statutes implementing section 45.205 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2014, 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 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.

(2q) Veterans home task force.

(a) There is created a veterans home task force to be chaired by the secretary of veterans affairs or his or her designee.

(b) The task force shall consist of the following members:

1. Two members from the department of administration who are appointed by the secretary of administration or his or her designee.

2. Two members from the department of corrections who are appointed by the secretary of corrections or his or her designee.

3. Two members from the department of health services who are appointed by the secretary of health services or his or her designee.

4. Two members from the department of military affairs who are appointed by the adjutant general or his or her designee.

5. Two members from the department of veterans affairs who are appointed by the secretary of veterans affairs or his or her designee.

(c) The task force shall conduct a study relating to the future operations of Wisconsin veterans homes and cemeteries and correctional facilities for veterans. The study shall include a 20-year operational plan that includes recommendations for improving coordination between the state agencies that are represented by members of the task force and for delivering services in Wisconsin veterans homes in the most cost-effective manner.

(d) The task force shall address all of the following issues in the study:

1. The issue of whether to enter into a contract for an operational manager to assume management responsibilities for Wisconsin veterans homes.

2. The issue of whether there should be an increase in the number or size of skilled nursing facilities at Wisconsin veterans homes.

3. The issue of whether property located at Wisconsin veterans homes should be used for the Challenge Academy program operated by the department of military affairs under section 321.03 (1) (c) of the statutes.

4. The issue of whether there should be an increase in the number or size of veteran memorial cemeteries constructed or operated under section 45.61 of the statutes, as affected by this act.

5. The issue of whether to construct correctional facilities to house incarcerated veterans.

6. The issue of whether to broaden the authority of the department of administration to develop and implement proposals for the future development of Wisconsin veterans homes.

7. Any other issue relating to the future operation of veterans homes.

(e) The task force shall prepare a report that contains the results and recommendations of the study and shall submit the report to the legislature in the manner provided under section 13.172 (2) of the statutes no later than July 1, 2014, or one year after the effective date of this paragraph, whichever is later.

20,9150 Section 9150. Nonstatutory provisions; Wisconsin Economic Development Corporation.

(1q) Response to audit.

(a) Definitions. In this subsection:

1. "Audit report" means the legislative audit bureau's report 13-7, submitted to the joint legislative audit committee in May 2013 and setting forth the legislative audit bureau's findings, conclusions, and recommendations concerning improvement of WEDC's administration of its economic development programs, its financial and personnel management, and the governance of its operations.

2. "Economic development program" has the meaning given in section 238.01 (3) of the statutes.

3. "WEDC" means the Wisconsin Economic Development Corporation.

(b) Appropriations.

1. `Operations and economic development programs.' In fiscal year 2014-15, the joint committee on finance may supplement, from the appropriation under section 20.865 (4) (a) of the statutes, the appropriation under section 20.192 (1) (a) of the statutes for the purposes specified in section 20.192 (1) (a) of the statutes, and may supplement, from the appropriation under section 20.865 (4) (u) of the statutes, the appropriations under section 20.192 (1) (r) and (s) of the statutes for the purposes specified in section 20.192 (1) (r) and (s) of the statutes, if all of the following occur:

a. WEDC submits a report to the joint committee on finance that shows that WEDC is complying with the recommendations of the legislative audit bureau in the audit report.

b. The chief executive officer of WEDC testifies concerning WEDC's report under subdivision 1. a. at the second quarterly meeting of the joint committee on finance in fiscal year 2013-14.

c. The joint committee on finance determines, based on the information it receives under subdivision 1. a. and b., that WEDC is complying with the recommendations of the legislative audit bureau in the audit report.

2. `Marketing expenses.' In fiscal year 2013-14, the joint committee on finance may supplement, from the appropriation under section 20.865 (4) (a) of the statutes, the appropriation under section 20.192 (1) (a) of the statutes for marketing expenses of WEDC if WEDC submits a plan to the joint committee on finance specifying the extent to which WEDC's future marketing expenses may be funded from WEDC's existing funds, rather than from additional GPR funding.

3. `Finding of emergency not required.' Notwithstanding section 13.101 (3) of the statutes, the joint committee on finance is not required to find that an emergency exists in order to supplement an appropriation under subdivision 1. or 2.

(c) Reports to joint legislative audit committee.

1. `Economic development programs.' No later than October 1, 2013, WEDC shall submit a report to the joint legislative audit committee that describes in detail WEDC's efforts to do all of the following:

a. Create all required economic development program rules or policies and procedures.

b. For each economic development program grant or loan of $100,000 or more, require as a term of the grant or loan contract that the grant or loan recipient shall submit to WEDC a verified financial statement describing how the grant or loan moneys were spent, and enforce each such contract term to ensure that each such grant or loan recipient submits that verified financial statement.

c. Develop at least one expected result for each goal of each economic development program that WEDC administers.

d. Ensure that each recipient of an economic development program grant or loan submit all progress reports required in the grant or loan contract.

e. Verify the performance information being reported to WEDC by economic development program grant and loan recipients by annually conducting a review of a representative sample of grants and loans issued by WEDC.

f. Ensure that WEDC's annual report under section 238.07 (2) of the statutes presents clear, accurate, and complete information concerning each economic development program's results.

2. `Outstanding loans.' No later than October 1, 2013, WEDC shall submit a report to the joint legislative audit committee that covers the period from January 1, 2013, to September 30, 2013, and describes in detail the status of all outstanding economic development program loans for which WEDC was responsible during that period, including all of the following:

a. The total number and outstanding balance of loans WEDC amended.

b. The total number and outstanding balance of loans WEDC forgave.

c. The total number and outstanding balance of loans WEDC referred to the department of justice for collection proceedings.

d. The total number and outstanding balance of loans WEDC wrote off.

20,9151 Section 9151. Nonstatutory provisions; Workforce Development.

(2) Transfer of disabled veterans' outreach and local veterans' employment representative programs.

(a) Definitions. In this subsection:

1. "Approval" means approval by the secretary of the federal department of labor of a plan submitted jointly by the department of workforce development and the department of veterans affairs for transfer of the administration of the disabled veterans' outreach program and the local veterans' employment representative program from the department of workforce development to the department of veterans affairs.

2. "Disabled veterans' outreach program" means the disabled veterans' outreach program under 38 USC 4103a.

3. "Local veterans' employment representative program" means the local veterans' employment representative program under 38 USC 4104.

(b) Approval by secretary of federal department of labor. The department of workforce development and the department of veterans affairs, jointly, shall prepare a plan for transfer of the administration of the disabled veterans' outreach program and the local veterans' employment representative program from the department of workforce development to the department of veterans affairs and shall submit that plan to the secretary of the federal department of labor for approval. If the secretary of the federal department of labor approves the plan, administration of those programs shall be transferred from the department of workforce development to the department of veterans affairs as provided in paragraphs (c) to (i).

(c) Assets and liabilities. On the effective date of approval, the assets and liabilities of the department of workforce development that are primarily related to the disabled veterans' outreach program or the local veterans' employment representative program, as determined by the secretary of administration, shall become the assets and liabilities of the department of veterans affairs.

(d) Positions and employees. On the effective date of approval, all positions and all incumbent employees holding those positions in the department of workforce development performing duties that are primarily related to the disabled veterans' outreach program or the local veterans' employment representative program, as determined by the secretary of administration, are transferred to the department of veterans affairs.

(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 veterans affairs 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.