(d) Rules and orders. All rules promulgated by the department of administration in effect on the effective date of this paragraph that are primarily related to mental health services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of health services. All orders issued by the department of administration in effect on the effective date of this paragraph that are primarily related to mental health services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of health services.
(e) Pending matters. Any matter pending with the department of administration on the effective date of this paragraph that is primarily related to mental health services, as determined by the secretary of administration, is transferred to the department of health services. All materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the department of health services.
(4) Telecommunications relay service.
(a) Position transfer. On the effective date of this paragraph, 1.0 FTE PR position, and the incumbent employee holding that position, in the department of administration responsible for administering telecommunications relay service, as determined by the secretary of administration, is transferred to the public service commission.
(b) Employee status. The employee transferred under paragraph (a) has all the rights and the same status under chapter 230 of the statutes in the public service commission that the employee enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, if the employee transferred under paragraph (a ) attained permanent status in class before the transfer, the employee is not required to serve a probationary period.
(c) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to telecommunications relay service, as determined by the secretary of administration, remain in effect and are transferred to the public service commission. The public service commission shall carry out any obligations under those contracts unless modified or rescinded by the commission to the extent allowed under the contracts.
(d) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to telecommunications relay service, as determined by the secretary of administration, become the assets and liabilities of the public service commission.
(e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to telecommunications relay service, as determined by the secretary of administration, is transferred to the public service commission.
(7p) Prosecutor board.
(a) Initial terms for prosecutor board members. Notwithstanding section 15.77 of the statutes, of the members of the prosecutor board who are appointed as initial members, one member representing each district under section 752.11 (1) (b) and (d) of the statutes and one member under section 15.77 (3) of the statutes shall serve for a one-year term and one member representing the district under section 752.11 (1) (c) of the statutes, one member under section 15.77 (2) of the statutes, and one member under section 15.77 (3) of the statutes shall serve for a 2-year term.
(b) Transfer of state prosecutors office.
1. `Assets and liabilities.' On the effective date of this subdivision, the assets and liabilities of the department of administration that are primarily related to the state prosecutors office, as determined by the secretary of administration, become the assets and liabilities of the prosecutor board.
2. `Tangible personal property.' On the effective date of this subdivision, all tangible personal property, including records, of the department of administration that is primarily related to the state prosecutors office, as determined by the secretary of administration, is transferred to the prosecutor board.
3. `Contracts.' All contracts entered into by the department of administration that are primarily related to the state prosecutors office, as determined by the secretary of administration, in effect on the effective date of this subdivision, remain in effect and are transferred to the prosecutor board. The prosecutor board shall carry out any such contractual obligations unless modified or rescinded by the prosecutor board to the extent allowed under the contract.
4. `Pending matters.' Any matter pending with the department of administration that is primarily related to the state prosecutors office, as determined by the secretary of administration, on the effective date of this subdivision, is transferred to the prosecutor board, and all materials submitted to or actions taken by the department of administration, with respect to the pending matter are considered as having been submitted to or taken by the prosecutor board.
5. `Rules and orders.' All rules promulgated for the department of administration that are primarily related to the state prosecutors office, as determined by the secretary of administration, that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the prosecutor board.
(c) Plan for office space for prosecutors office.
1. The prosecutor board, in consultation with the department of administration, shall, no later than March 1, 2018, submit to the joint committee on finance a plan to house the prosecutors office in the space that, on the effective date of this subdivision, is occupied by the director of the state prosecutors office.
2. The plan submitted under subdivision 1. shall include provisions for the acquisition or release, as appropriate, of space; the relocation, if necessary, of staff and tangible personal property; and any other provisions necessary for the transition. The plan shall provide office space for a legislative liaison and a space to accommodate meetings of the prosecutor board.
3. If the cochairpersons of the joint committee on finance do not notify the prosecutor board within 14 working days after the date the plan is submitted under subdivision 1. that the committee has scheduled a meeting to take place for the purpose of reviewing the plan, the prosecutor board shall implement the plan. If, within 14 working days after the date the plan is submitted under subdivision 1., the cochairpersons of the joint committee on finance notify the prosecutor board that the committee has scheduled a meeting for the purpose of reviewing the plan, the prosecutor board shall incorporate into the plan all changes made by the committee and implement the plan.
(8f) Judicial compensation; compensation plan.
(a) The administrator of the division of personnel management in the department of administration shall, in establishing the state employee compensation plan under section 230.12 of the statutes for the 2017-19 biennium, consult with the chief justice of the Wisconsin Supreme Court regarding establishing salary adjustments for judges and justices for the 2017-19 biennium that exceed the equivalent of 2, 2 percent general wage adjustments.
(b) If, on the effective date of this paragraph, the compensation plan under section 230.12 of the statutes has been adopted for the 2017-19 biennium, by no later than 30 days after the effective date of this paragraph, the administrator of the division of personnel management in the department of administration shall consult with the chief justice of the Wisconsin Supreme Court to discuss the possibility of proposing an amendment under section 230.12 (3) (c) of the statutes to include the judicial salary adjustments that exceed the equivalent of 2, 2 percent general wage adjustments for judges and justices during the 2017-19 biennium.
(9) Human resources services.
(a) Definition. In this subsection, “shared services agency” has the meaning given in section 16.004 (20) (a) of the statutes.
(b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of a shared services agency that relate to human resources services and payroll and benefit services, as determined by the secretary of administration, become the assets and liabilities of the department of administration.
(c) Positions and employees.
1. On the effective date of this subdivision, all FTE positions in a shared services agency relating to human resources services and payroll and benefit services, as determined by the secretary of administration, and the incumbent employees holding those positions, are transferred to the department of administration.
2. Employees transferred under subdivision 1. have all the rights and the same status under chapter 230 of the statutes in the department of administration that they enjoyed in the shared services agency immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee transferred under subdivision 1. who has attained permanent status in class is required to serve a probationary period.
(d) Personal property. On the effective date of this paragraph, all tangible personal property, including records, of a shared services agency that relate to human resources services and payroll and benefit services, as determined by the secretary of administration, are transferred to the department of administration.
(e) Contracts. All contracts entered into by a shared services agency in effect on the effective date of this paragraph that are primarily related to human resources services and payroll and benefit services, as determined by the secretary of administration, remain in effect and are transferred to the department of administration.
(10) Youth wellness center; tribal payment. From the appropriation account under section 20.505 (8) (hm) of the statutes, the department of administration shall pay $200,000 in fiscal year 2017-18 to American Indian tribes for performing a feasibility study for the creation of a youth wellness center and for developing a business plan for the creation of the youth wellness center.
(10t) Community block grant priority. In the 2017-19 fiscal biennium, the department of administration shall, for purposes of awarding federal community development block grant funding, give priority to the extent allowed under federal law to a project that satisfies all of the following:
(a) The project plans for or establishes public or private facilities for the provision of new water and sewer services primarily to residential users.
(b) The new water service replaces service provided on the effective date of this paragraph by an entity other than a community water system, as defined in section 281.62 (1) (a) of the statutes, a cooperative association organized under chapter 185 of the statutes, or a private groundwater well.
(c) The new sewer service replaces service provided on the effective date of this paragraph by an entity other than a public utility, as defined in section 196.01 (5) of the statutes, a private on-site wastewater treatment system, as defined in section 145.01 (12) of the statutes, or any other on-site form of sewage disposal.
(11c) Information technology study. In consultation with the office of the commissioner of insurance, the department of administration shall prepare a report on information technology services provided during the 2017-19 fiscal biennium by the division of enterprise technology to the office of the commissioner of insurance. The report shall identify efficiencies associated with the office of the commissioner of insurance receiving information technology services from the division of enterprise technology rather than providing those services itself. The department of administration shall submit the report with its 2019-21 biennial budget request.
(11i) Worker's compensation hearings study. The division of hearings and appeals shall conduct a study of the audio and video needs for worker's compensation hearings and the feasibility of using audio and video technology alternatives for those hearings. The division shall submit its findings to the worker's compensation advisory council no later than June 30, 2018. Based on the findings of the study, the council may submit a recommendation to the division regarding audio and video recording equipment sufficient to replace a court reporter for inclusion in the department of administration's 2019-21 biennial budget request.
(11q) Report concerning certain information technology and procurement services positions. No later than August 31, 2018, the department of administration shall submit a report to the joint committee on finance concerning the activities performed in the 2017-18 fiscal year by the 2.0 PR positions providing information technology services to state agencies and the 2.0 PR positions providing procurement services, created in budget determinations for this act for an information technology procurement initiative. The report shall include all of the following:
(a) Accomplishments of the new positions, including system or process improvements and major information technology procurements that were done efficiently or effectively.
(b) All additional savings or efficiencies that the department of administration estimates resulted from the activities of the new positions.
(c) The department of administration's plans for additional improvements, projects, or work products for the new positions for the 2018-19 fiscal year.
(11s) Report concerning certain information technology positions converted from contractor status. No later than August 31, 2018, the department of administration shall submit a report to the joint committee on finance concerning the activities performed in the 2017-18 fiscal year by the permanent information technology positions converted from contractor staff in budget determinations for this act. The report shall include all of the following:
(a) Accomplishments of the converted positions, including system or process improvements, progress or completion of projects, and finished work products.
(b) All additional savings or efficiencies that the department of administration estimates resulted from the activities of the converted positions.
(c) The department of administration's plans for additional improvements, projects, or work products for the converted positions for the 2018-19 fiscal year.
(11u) Position elimination report.
(a) Not later than January 1, 2018, the department of administration shall report to the cochairpersons of the joint committee on finance the funding source for, and the appropriation to be decreased with regard to, 10.0 vacant SEG FTE positions relating to forestry or parks to be eliminated in the department of natural resources.
(b) The positions identified in paragraph (a) shall be eliminated and the appropriations shall be decreased in the final 2017-19 appropriation schedule in chapter 20 of the statutes.
(11w) Length of service awards for correctional officers and youth counselors; compensation plan. If, on the effective date of this subsection, the compensation plan under section 230.12 of the statutes has been adopted for the 2017-19 biennium and the compensation plan does not include the supplemental compensation required under section 230.12 (1) (cm) of the statutes, by no later than 30 days after the effective date of this subsection, the administrator of the division of personnel management in the department of administration shall propose an amendment under section 230.12 (3) (c) of the statutes to include the supplemental compensation required under section 230.12 (1) (cm) of the statutes in the compensation plan for the 2017-19 biennium.
59,9102 Section 9102. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.
(2) Professional assistance procedures; emergency rules. The veterinary examining board may use the procedure under section 227.24 of the statutes to promulgate rules under section 89.03 (3) of the statutes for the period before the effective date of the permanent rule promulgated under section 89.03 (3) of the statutes but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to one extension of 60 days under section 227.24 (2) of the statutes. If the board uses this procedure to promulgate these rules, the board shall promulgate the rules no later than the 60th day after the effective date of this subsection. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the board 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.
(3) Transition period.
(a) Notwithstanding the annual period for a license specified in section 94.64 (3) of the statutes, a license issued on or after August 15, 2017, and before October 1, 2017, shall expire on September 30, 2018.
(b) Notwithstanding the annual period for a license specified in section 94.65 (2) of the statutes, a license issued on or after April 1, 2017, and before October 1, 2017, shall expire on September 30, 2018.
(c) Notwithstanding the annual reporting period for a permit specified in section 94.65 (6) (a) of the statutes, the reporting period for a permit issued on or after April 1, 2017, and before October 1, 2017, shall be January 1, 2017, to June 30, 2018.
59,9103 Section 9103. Nonstatutory provisions; Arts Board.
(1p) State aid for the arts. From the appropriation under section 20.380 (3) (b) of the statutes, the arts board shall make a grant of $100,000 in fiscal year 2017-18 for the purpose of making improvements to or expanding an existing arts center to a county that borders the state of Illinois, has a population between 35,000 and 40,000 persons as of the 2010 U.S. census, and has an existing arts center. The arts board may not make the grant under this subsection unless the county receiving the grant provides at least an equal amount of funding from public or private sources.
59,9104 Section 9104. Nonstatutory provisions; Building Commission.
(1) 2017-19 Authorized State Building Program. For the fiscal years beginning on July 1, 2017, and ending on June 30, 2019, the Authorized State Building Program is as follows: - See PDF for table PDF
(2) Programs previously authorized. In addition to the projects and financing authority enumerated in subsection (1), the building and financing authority enumerated in the previous state building program is continued in the 2017-19 fiscal biennium.
(3) Loans. During the 2017-19 fiscal biennium, the building commission may make loans from general fund supported borrowing or the building trust fund to state agencies, as defined in section 20.001 (1) of the statutes, for projects that are to be utilized for programs not funded by general purpose revenue and that are authorized in subsection (1).
(4) 2013-15 Authorized State Building Program changes. In 2013 Wisconsin Act 20, section 9104 (1) (b) 1. d., under projects financed by general fund supported borrowing, the amount authorized for the project identified as “Green Bay Correctional Institution — north and south cell halls — improvements” is increased from $3,750,000 to $22,232,000 and the appropriate totals are adjusted accordingly.
(5) 2015-17 Authorized State Building Program changes.
(a) In 2015 Wisconsin Act 55, section 9104 (1) (e) 1. a., under projects financed by existing general fund supported borrowing, the amount authorized for the project identified as “Willow River State Park — Little Falls Dam repair or replacement — Hudson” is increased from $3,041,700 to $6,541,700 and the appropriate totals are adjusted accordingly.
(b) In 2015 Wisconsin Act 55, section 9104 (1) (e) 2. a., under projects financed by existing stewardship borrowing, the amount authorized for the project identified as “Willow River State Park — Little Falls Dam repair or replacement — Hudson” is increased from $5,000,000 to $12,500,000 and the appropriate totals are adjusted accordingly.
(6) 2013-15 A uthorized State Building Program deletions.
(a) In 2013 Wisconsin Act 20, section 9104 (1) (g) 3. k., under projects financed by program revenue supported borrowing, the 2013-15 Authorized State Building Program project identified as “Platteville — residence hall and dining facility” is deleted and the appropriate totals are decreased accordingly.
(b) In 2013 Wisconsin Act 20, section 9104 (1) (g) 3. o., under projects financed by program revenue supported borrowing, the 2013-15 Authorized State Building Program project identified as “Whitewater — indoor tennis building” is deleted and the appropriate totals are decreased accordingly.
(7) La Crosse Center. Notwithstanding section 13.48 (33e) (b) of the statutes, the building commission may not make a grant to the city of La Crosse for the remodeling and expansion of the La Crosse Center, as enumerated in subsection (1) (L), under section 13.48 (33e) of the statutes, unless the department of administration has reviewed and approved plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1m) of the statutes, the department of administration may not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.
(8) St. Ann Center for Intergenerational Care, Inc.; Bucyrus Campus. Notwithstanding section 13.48 (33m) (b) of the statutes, the building commission may not make a grant to the St. Ann Center for Intergenerational Care, Inc., for the completion of its Bucyrus Campus, as enumerated in subsection (1) (m), under section 13.48 (33m) of the statutes, unless the department of administration has reviewed and approved plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1m) of the statutes, the department of administration may not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.
(9) Brown County innovation center. Notwithstanding section 13.48 (33s) (b) of the statutes, the building commission shall not make a grant to Brown County for the construction of a science, technology, engineering, and mathematics innovation center, as enumerated in subsection (1) (k), under section 13.48 (33s) of the statutes, unless the department of administration has reviewed and approved plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1m) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.
(10) Construction of national guard readiness centers. From the appropriation under section 20.867 (2) (r) of the statutes, the building commission shall allocate $627,800, matched by $1,883,900 of federal funds, to develop preliminary plans and specifications for the construction of national guard readiness centers located in the cities of Black River Falls, Viroqua, Wausau, and Wisconsin Rapids.
(11) Plan concerning department of corrections facilities.
(a) There is created a corrections facilities planning committee consisting of 3 members appointed by the governor, one of whom the governor shall designate as chair of the committee, and 6 members of the legislature, jointly appointed by the speaker of the assembly and the senate majority leader.
(b) The corrections facilities planning committee shall develop a comprehensive, long-range master plan concerning department of corrections facilities and , no later than September 15, 2018, shall submit the plan to the governor and the appropriate standing committees of the legislature under section 13.172 (3) of the statutes.
(c) The building commission shall allocate $600,000 from the appropriation under section 20.867 (2) (r) of the statutes for the corrections facilities planning committee to develop the plan under paragraph (b) and the department of administration shall assist the committee in the performance of its functions.
(d) The corrections facilities planning committee terminates upon submission of the plan under paragraph (b).
(12) Geriatric correctional institution.
(a) No bonds may be issued for the geriatric correctional institution enumerated under subsection (1) (c) 1. d. without the approval of the joint committee on finance under paragraph (b).
(b) The department of corrections may request the approval of the joint committee on finance for the bond issuance enumerated under subsection (1) (c) 1. d. and for the release of funds from the appropriation under section 20.865 (4) (a) of the statutes for operating costs of that institution once the department of corrections has identified the location of the institution and determined the staffing and other operating costs of the institution.
59,9105 Section 9105. Nonstatutory provisions; Child Abuse and Neglect Prevention Board.
59,9106 Section 9106. Nonstatutory provisions; Children and Families.
(1) Emergency rules . Using the procedure under section 227.24 of the statutes, the department of children and families may promulgate the rules required under sections 48.685 (9) and 48.686 (8) of the statutes as emergency rules. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of children and families 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.
(2) Wisconsin Works controlled substance screening and testing.
(a) Using the procedure under section 227.24 of the statutes, the department of children and families may promulgate the rules required under section 49.162 (7) of the statutes for the period before the effective date of the permanent rule promulgated under section 49.162 (7) of the statutes but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (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 paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.
(b) The department of children and families shall present the statement of scope of any emergency rules promulgated under paragraph (a ) to the governor for approval under section 227.135 (2) of the statutes no later than the 120th day after the effective date of this paragraph.
(3t) Rate-based service contracts. If on the effective date of this subsection, the amount accumulated by a provider, as defined in section 49.34 (5m) (a) 1. of the statutes, from all contract periods ending before that date for all rate-based services, as defined in section 49.34 (5m) (a) 2. of the statutes, provided by the provider exceeds 10 percent of the provider's total contract amount for all rate-based services in the year before the effective date of this subsection, the provider shall provide written notice of that excess to all purchasers of that rate-based service and, upon the written request of such a purchaser received no later than 6 months after the date of the notice, shall return to the purchaser the purchaser's proportional share of that excess. If the department of children and families under section 49.34 (5m) of the statutes determines based on an audit or fiscal review that the amount of the excess identified by the provider was incorrect, the department of children and families may seek to recover funds after the 6-month period has expired. The department of children and families shall commence any audit or fiscal review under this subsection within 6 years after the end of the contract period.
(3w) Work participation rate.
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