AB40: Bill Text

AB40,9122 Section 9122. Nonstatutory provisions; Insurance.

AB40,9123 Section 9123. Nonstatutory provisions; Investment Board.

AB40,9124 Section 9124. Nonstatutory provisions; Joint Committee on Finance.

AB40,9125 Section 9125. Nonstatutory provisions; Judicial Commission.

AB40,9126 Section 9126. Nonstatutory provisions; Justice.

AB40,1021,1 (1) Biological specimen; legislative findings and rules.

AB40,1021,2 (a) Legislative findings.

AB40,1021,9 1. The legislative findings in this paragraph relate exclusively to the treatment in this act of sections 20.455 (2) (jb), 51.20 (13) (cr), 165.76 (1) (am), (as), (av), (aw), (b), (bg), (br), (cr), and (g), (1m), (2m), (2r), (3), and (4), 165.765 (title), (1), (1g), (1m), and (2) (a), (b), and (bm), 165.77 (1) (am), (2) (a) 2. and (b), (2m) (c), (3), (4) (intro.), (a), (am) 1., 2., and 3., and (b), and (7m), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15) (a) 1., 2., and 3. and (b), 970.02 (8), 971.17 (1m) (a), 973.047 (1f), (1m), and (2), and 980.063 (1) (b) and (2) of the statutes.

AB40,1022,5 2. The legislature finds that the state has a compelling interest in the accurate identification of criminal offenders and that there is a critical and urgent need to provide law enforcement officers and agencies with the latest scientific technology available for accurately and expeditiously identifying, apprehending, arresting, and convicting criminal offenders and exonerating individuals wrongly suspected or accused of a crime. The legislature further finds that deoxyribonucleic acid testing allows a more certain and rapid identification of offenders as well as the exoneration of those wrongfully suspected or accused and that deoxyribonucleic acid data banks are an important tool in criminal investigations and in deterring and detecting recidivist acts. The legislature further finds that deoxyribonucleic acid testing at the earliest stages of criminal and juvenile proceedings will help prevent perpetrators from concealing their identities and will prevent time-consuming and expensive investigations of innocent individuals. The legislature further finds that the degree of intrusion on an individual's privacy interests is minimized by the method of collection of the biological sample, by the policy of using only deoxyribonucleic acid sequences not currently associated with any known physical or medical characteristics in the creation of a deoxyribonucleic acid profile, by the limited purposes for which a deoxyribonucleic acid profile may be used under state and federal law, and by the availability of expungement for individuals who are not charged with or convicted of the offenses for which the deoxyribonucleic acid sample was collected.

AB40,1022,10 (b) Rules. The department of justice may, in rules it promulgates under section 165.76 of the statutes, as affected by this act, bring the method to obtain or to submit a biological specimen in conformity with the act of Congress known as the Katie Sepich Enhanced DNA Collection Act of 2012 (HR-6014) to apply for nonsupplanting grant funding under that act.

AB40,1022,11 (2) Youth diversion grant reductions.

AB40,1022,15 (a) Notwithstanding the amount specified under section 165.987 (1) of the statutes, as affected by this act, the department of justice shall reduce the amount of money allocated under section 165.987 (1) of the statutes, as affected by this act, by $85,900 in each of fiscal years 2013-14 and 2014-15.

AB40,1022,19 (b) Notwithstanding the amount specified under section 165.987 (2) of the statutes, as affected by this act, the department of justice shall reduce the amount of money allocated under section 165.987 (2) of the statutes, as affected by this act, by $18,400 in each of fiscal years 2013-14 and 2014-15.

AB40,1023,2 (c) Notwithstanding the amounts specified under section 165.987 (3) of the statutes, as affected by this act, the department of justice shall reduce the amount of money allocated for each of the 4 contracts that are funded with moneys from the appropriation accounts under section 20.455 (2) (cr) and (kj) of the statutes, as affected by this act, by $25,650 in each of fiscal years 2013-14 and 2014-15 and shall reduce the amount of money allocated for the contract that is funded only with moneys from the appropriation account under section 20.455 (2) (kj) of the statutes, as affected by this act, by $18,100 in each of fiscal years 2013-14 and 2014-15.

AB40,9127 Section 9127. Nonstatutory provisions; Legislature.

AB40,9128 Section 9128. Nonstatutory provisions; Lieutenant Governor.

AB40,9129 Section 9129. Nonstatutory provisions; Local Government.

AB40,9130 Section 9130. Nonstatutory provisions; Medical College of Wisconsin.

AB40,9131 Section 9131. Nonstatutory provisions; Military Affairs.

AB40,9132 Section 9132. Nonstatutory provisions; Natural Resources.

AB40,1023,9 (1) Transfer of facility design services.

AB40,1023,13 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of natural resources that are primarily related to facility design services, as determined by the secretary of administration, shall become assets and liabilities of the department of administration.

AB40,1023,14 (b) Positions and employees.

AB40,1023,19 1. On the effective date of this subdivision, 1.0 SEG position in the department of natural resources having primary responsibility for facility design services, as determined by the secretary of administration, is transferred to the department of administration and shall become 1.0 PR-S position in the department of administration.

AB40,1023,22 2. The incumbent employee in the position specified in subdivision 1. is transferred on the effective date of this subdivision to the department of administration.

AB40,1024,3 3. The employee transferred under subdivision 2. has all the rights and the same status under subchapter V of chapter 111 of the statutes and chapter 230 of the statutes that the employee enjoyed in the department of natural resources immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, if the employee attained permanent status in class immediately before the transfer, the employee is not required to serve a probationary period.

AB40,1024,7 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of natural resources that is primarily related to facility design services, as determined by the secretary of administration, is transferred to the department of administration.

AB40,1024,13 (d) Contracts. All contracts entered into by the department of natural resources that are primarily related to facility design services, as determined by the secretary of administration, are transferred to the department of administration. The department of administration shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

AB40,1024,19 (e) Pending matters. Any matter pending with the department of natural resources that is primarily related to facility design services on the effective date of this paragraph is transferred to the department of administration and all materials submitted to and actions taken by the department of natural resources with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB40,1025,5 (2) Bonus deer hunting permit fee rules. The department of natural resources may use the procedure under section 227.24 of the statutes to promulgate rules under sections 29.040 and 29.181 (4) 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 June 30, 2015, or the date on which permanent rules take effect, whichever is sooner. 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 a rule promulgated under this subsection.

AB40,1025,16 (3) Deer management assistance program. The department of natural resources may use the procedure under section 227.24 of the statutes to promulgate rules under section 29.020 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 June 30, 2015, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of natural resources is not required to provide evidence that promulgating rules under this subsection as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for rules promulgated under this subsection.

AB40,9133 Section 9133. Nonstatutory provisions; Public Defender Board.

AB40,9134 Section 9134. Nonstatutory provisions; Public Instruction.

AB40,1025,22 (1) Charter school oversight board. Notwithstanding section 15.375 (1) of the statutes, as created by this act, the initial members appointed to the charter school oversight board under section 15.375 (1) (a) of the statutes, as created by this act, shall be appointed as follows:

AB40,1025,25 (a) One member under section 15.375 (1) (a) 1. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2016, and one member shall be appointed for a term expiring on May 1, 2017.

AB40,1026,3 (b) One member under section 15.375 (1) (a) 2. a. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2015, and one member shall be appointed for a term expiring on May 1, 2017.

AB40,1026,5 (c) The member under section 15.375 (1) (a) 2. b. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2016.

AB40,1026,8 (d) One member under section 15.375 (1) (a) 2. c. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2015, and one member shall be appointed for a term expiring on May 1, 2017.

AB40,1026,10 (e) The member under section 15.375 (1) (a) 2. d. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2018.

AB40,1026,13 (f) One member under section 15.375 (1) (a) 3. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2016, and one member shall be appointed for a term expiring on May 1, 2018.

AB40,1026,19 (2) Statewide student data system. By the first day of the 3rd month beginning after the effective date of this subsection, the agencies specified in section 115.297 (1) (a) of the statutes, as affected by this act, shall amend the agreement under section 115.297 (3) of the statutes, or enter into a new agreement under that section, so as to include the department of children and families and the department of workforce development in the agreement.

AB40,9135 Section 9135. Nonstatutory provisions; Public Lands, Board of Commissioners of.

AB40,9136 Section 9136. Nonstatutory provisions; Public Service Commission.

AB40,9137 Section 9137. Nonstatutory provisions; Revenue.

AB40,1027,2 (1) Pressure applied tax stamps. The department of revenue shall study the feasibility of using pressure applied stamps on cigarette packages as an indication of the tax paid under section 139.31 of the statutes and shall submit its findings to the governor no later than June 30, 2014.

AB40,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.

AB40,1027,6 (1) Transfer of regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups.

AB40,1027,16 (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.

AB40,1027,23 (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.

AB40,1028,9 (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.

AB40,1028,16 (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.

AB40,1028,22 (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.

AB40,1029,9 (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.

AB40,1029,18 (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.

AB40,1029,23 (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.

AB40,1030,4 (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.

AB40,1030,5 (3) Regulation of dangerous materials.

AB40,1030,6 (a) Assets and liabilities.

AB40,1030,12 1. Except as provided in subdivision 2., on the effective date of this subdivision, 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.

AB40,1030,15 2. The assets and liabilities that are determined by the secretary of administration to relate to the reviewing of plans subject to section SPS 310.100, Wis. Adm. Code, remain with the department of safety and professional services.

AB40,1030,21 (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 subdivision.

AB40,1031,3 (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.

AB40,1031,4 (d) Tangible personal property.

AB40,1031,10 1. Except as provided in subdivision 2., on the effective date of this subdivision, 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.

AB40,1031,13 2. The tangible property, including records, that is determined by the secretary of administration to relate to the reviewing of plans subject to section SPS 310.100, Wis. Adm. Code, remains with the department of safety and professional services.

AB40,1031,14 (e) Contracts.

AB40,1031,24 1. Except as provided in subdivision 2., 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 subdivision remain in effect and are transferred to 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.

AB40,1032,3 2. Any contract that is determined by the secretary of administration to relate to the reviewing of plans subject to section SPS 310.100, Wis. Adm. Code, remains with the department of safety and professional services.

AB40,1032,4 (f) Rules and orders.

AB40,1032,12 1. Except as provided in subdivision 2., 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 subdivision shall remain in effect until their specified expiration date or until amended or repealed by the department of agriculture, trade and consumer protection.

AB40,1032,15 2. The rules and orders that are determined by the secretary of administration to relate to reviewing of plans that is subject to section SPS 310.100, Wis. Adm. Code, remain with the department of safety and professional services.

AB40,1032,16 (g) Pending matters.

AB40,1032,25 1. Except as provided in subdivision 2., any matter pending with the department of safety and professional services on the effective date of this subdivision 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.

AB40,1033,3 2. Any pending matter that is determined by the secretary of administration to relate to the reviewing of plans that is subject to section SPS 310.100, Wis. Adm. Code remains with the department of safety and professional services.

AB40,1033,4 (4) Petroleum product inspection and storage.

AB40,1033,10 (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.

AB40,1033,15 (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.

AB40,1033,22 (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.

AB40,1034,3 (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.

AB40,1034,12 (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 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.

AB40,1034,19 (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.

AB40,1035,2 (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.

AB40,1035,3 (5) Transfer of information technology positions.

AB40,1035,7 (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.

AB40,1035,14 (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.

AB40,1035,15 (6) Diesel truck idling reduction grants.

AB40,1035,20 (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.

AB40,1036,2 (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.

AB40,1036,8 (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.