2003 Wisconsin Act 33

33,9240 Section 9240. Appropriation changes; public defender board.

(1p) Penalty assessment receipts transfers. There is transferred from the appropriation account under section 20.550 (1) (kj) of the statutes, as affected by this act, an amount equal to the unencumbered balance in that appropriation account on June 30, 2003, to the following appropriation accounts in the following proportions:

(a) Seventy-five percent to the appropriation account under section 20.505 (6) (j) of the statutes, as affected by this act.

(b) Twenty-five percent to the appropriation account under section 20.455 (2) (i) of the statutes, as affected by this act.

33,9241 Section 9241. Appropriation changes; public instruction.

(1p) Penalty assessment receipts transfers. There is transferred from each of the appropriation accounts under section 20.255 (1) (kd) and (2) (kd) of the statutes, as affected by this act, an amount equal to the unencumbered balance in that appropriation account on June 30, 2003, to the following appropriation accounts in the following proportions:

(a) Seventy-five percent to the appropriation account under section 20.505 (6) (j) of the statutes, as affected by this act.

(b) Twenty-five percent to the appropriation account under section 20.455 (2) (i) of the statutes, as affected by this act.

33,9248 Section 9248. Appropriation changes; supreme court.

(1) Appropriation lapses and reestimates. The chief justice of the supreme court, acting as the administrative head of the judicial system, shall take actions during the 2003-05 fiscal biennium to ensure that from general purpose revenue appropriations for state operations to the circuit courts under section 20.625 of the statutes, to the court of appeals under section 20.660 of the statutes, and to the supreme court under section 20.680 of the statutes an amount equal to $750,000 in each fiscal year is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both.

33,9253 Section 9253. Appropriation changes; transportation.

(1) Transportation fund transfer to general fund. There is transferred from the transportation fund to the general fund $30,000,000 in fiscal year 2004-05.

(1x) Lapses to the transportation fund. The secretary of transportation shall ensure the lapse to the transportation fund of a total amount of at least $175,000 in fiscal year 2003-04, and a total amount of at least $175,000 in fiscal year 2004-05, from one or more of the appropriation accounts under section 20.395 (4) (aq) and (5) (cq) and (dq) of the statutes .

33,9259 Section 9259. Appropriation changes; workforce development.

(1) Federal project aids transfer. The unencumbered balance in the appropriation account under section 20.445 (3) (m) of the statutes, as affected by this act, is transferred to the appropriation account under section 20.445 (3) (ma) of the statutes, as affected by this act.

(2) Food stamp employment and training program transfer. The unencumbered balances in the appropriation accounts under section 20.445 (3) (ky), (pm), and (ps) of the statutes, as affected by this act, are transferred to the appropriation account under section 20.445 (3) (kx) of the statutes, as affected by this act.

(2x) Wisconsin service corps appropriation lapse. Notwithstanding section 20.001 (3) (c) of the statutes, on the effective date of this subsection, the unencumbered balance in the appropriation account under section 20.445 (1) (cm) of the statutes, as affected by the acts of 2003, on July 1, 2003, is lapsed to the general fund as general purpose revenue — earned, as defined in section 20.001 (4) of the statutes.

(3) Elimination of governor's work-based learning board.

(b) The unencumbered balance in the appropriation account under section 20.445 (7) (m), 2001 stats., is transferred to the appropriation account under section 20.292 (1) (m) of the statutes, as affected by this act.

(3x) Federal workforce investment funds.

(a) The unencumbered balance in the appropriation account under section 20.445 (1) (m) of the statutes, as affected by this act, that is attributable to federal moneys received for the administration of employment assistance and unemployment insurance programs of the department of workforce development, as determined by the secretary of administration, is transferred to the appropriation account under section 20.445 (1) (n) of the statutes, as affected by this act.

(b) The unencumbered balance in the appropriation account under section 20.445 (1) (m) of the statutes, as affected by this act, that is attributable to federal moneys received for the activities of the division of equal rights in the department of workforce development, as determined by the secretary of administration, is transferred to the appropriation account under section 20.445 (1) (o) of the statutes, as created by this act.

(c) The unencumbered balance in the appropriation account under section 20.445 (1) (m) of the statutes, as affected by this act, that is attributable to federal moneys received for the worker's compensation activities of the department of workforce development, as determined by the secretary of administration, is transferred to the appropriation account under section 20.445 (1) (p) of the statutes, as created by this act.

33,9260 Section 9260. Appropriation changes; other.

(1) State agency appropriation lapses to the general fund.

(a) Appropriation lapses to the general fund. Subject to paragraph (b) and except as provided in paragraph (c t), in the fiscal years indicated, from the following appropriation accounts, the secretary of administration shall lapse to the general fund the amounts indicated: - See PDF for table

(b) Prohibited appropriation lapses and transfers. The secretary of administration may not lapse or transfer moneys to the general fund from any appropriation account specified in paragraph (a ) if the lapse or transfer would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse or transfer would violate the federal or state constitution.

(c s) Additional lapse; department of commerce. Subject to paragraph (b), on June 30, 2005, the secretary of administration shall lapse to the general fund the amount determined under this paragraph from any combination of the appropriation accounts under section 20.143 (1) (fg), (ie), and (ir) of the statutes. To determine the amount required to be lapsed under this paragraph, the secretary shall first determine the sum of all moneys received during fiscal years 2003-04 and 2004-05 in repayment of loans awarded under section 287.46 (1), 1997 stats., and section 560.031, 2001 stats., received under section 287.46 (3), 1997 stats., in repayment of loans made by recipients of financial assistance awarded under section 287.46 (1), 1997 stats., and received in repayment of loans under section 560.835 of the statutes. The amount required to be lapsed under this paragraph is the amount by which that sum is less than $2,400,000.

(ct) Submission of alternative plan to secretary of administration. The department of commerce may submit alternative plans to the secretary of administration concerning the department's preference for reallocating the lapse under paragraph (a) from the appropriation account under section 20.143 (4) (kd) of the statutes . If the plan relates to a lapse in the 2003-04 fiscal year, the plan shall be submitted no later than May 1, 2004. If the plan relates to the 2004-05 fiscal year, the plan shall be submitted no later than May 1, 2005. If the secretary does not approve the plan, the secretary shall make the lapse as provided in paragraph (a). If the secretary approves the plan, he or she shall submit the plan to the joint committee on finance no later than 7 days after receipt of the plan. If the cochairpersons of the committee do not notify the secretary within 14 working days after the date of the secretary's submittal that the committee has scheduled a meeting for the purpose of reviewing the plan, the secretary shall make the lapse specified in the plan. If the cochairpersons of the committee notify the secretary within 14 working days after the date of the secretary's submittal that the committee has scheduled a meeting for the purpose of reviewing the plan, the secretary may not implement the plan until it is approved by the committee, as submitted or as modified .

33,9301 Section 9301. Initial applicability; administration.

(1f) Employer contributions for health insurance premiums for state employees. The treatment of sections 40.05 (4) (ag) (intro.) and 1. and 111.91 (2) (im) of the statutes first applies to employees who are affected by a collective bargaining agreement that contains provisions inconsistent with that treatment on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever first occurs.

33,9304 Section 9304. Initial applicability; agriculture, trade and consumer protection.

(1) Agricultural Chemical Cleanup Program reimbursement. The treatment of section 94.73 (6) (b) and (c) (intro.) of the statutes first applies to costs incurred on the effective date of this subsection.

33,9308 Section 9308. Initial applicability; circuit courts.

(2) Court support fees. The treatment of section 814.634 (1) (a), (b), and (c) of the statutes first applies to actions commenced on the effective date of this subsection.

(3) Special prosecution clerks fee. The treatment of section 814.635 (1m) of the statutes first applies to pleadings filed on the effective date of this subsection.

33,9310 Section 9310. Initial applicability; corrections.

(1) Adult boot camp age limit. The treatment of section 302.045 (1) and (2) (b) of the statutes first applies to persons sentenced on the effective date of this subsection.

(2) Earned release program. The treatment of section 973.01 (3g) and (8) (ag) of the statutes first applies to persons sentenced on the effective date of this subsection.

33,9316 Section 9316. Initial applicability; employee trust funds.

(1) Accumulated unused sick leave credits. The treatment of sections 40.02 (25) (b) 6e. and 40.05 (4) (b), (bc), (bf), and (bm) of the statutes first applies to state employees who are participating employees under the Wisconsin Retirement System on the effective date of this subsection.

(2) State employee health insurance premium contributions. The treatment of sections 40.03 (6) (c), 40.05 (4) (ag), and 40.51 (6) of the statutes first applies to premiums paid by state employees for health care coverage for the period that begins on January 1, 2004.

33,9317 Section 9317. Initial applicability; employment relations commission.

(2) School district collective bargaining subjects and factors. The treatment of sections 111.70 (1) (a) of the statutes first applies to collective bargaining agreements that cover periods beginning on or after July 1, 2003.

(3q) Local government employee health care plans. The treatment of section 111.70 (1) (a) and (4) (n) and (o) of the statutes first applies to collective bargaining agreements entered into, extended, modified, or renewed, whichever occurs first, on the effective date of this subsection.

33,9324 Section 9324. Initial applicability; health and family services.

(1) Special enrollment period. The treatment of section 632.746 (7m) of the statutes first applies with respect to determinations of the department of health and family services to purchase coverage under employer-sponsored health care plans that are made on the effective date of this subsection.

(2) Applying for chronic disease aids program. The treatment of sections 49.68 (3) (a) and (d) 1., 49.683 (1), and 49.687 (1m) of the statutes first applies to persons who apply for benefits under section 49.68 or 49.683 of the statutes on the effective date of this subsection.

(3) Long-Term Support Community Options Program county carry-over. The treatment of section 46.27 (7) (fm) of the statutes first applies to funds carried forward from calendar year 2004 to calendar year 2005.

(4) Assessment of facility licensed beds. The treatment of sections 25.77 (3) and 50.14 (title), (1) (a), (3), and (4) of the statutes, the renumbering and amendment of section 50.14 (2) of the statutes, and the creation of section 50.14 (2) (b) of the statutes first apply to assessments that are due on July 1, 2003.

(5) Preadmission screening and resident review. The treatment of section 49.45 (6c) (b) and (c) (intro.), 1., 2., and 3. of the statutes first applies to a screening or resident review performed on May 1, 2005.

(6) Petitions for protective placement. The treatment of section 55.06 (5), (8) (intro.), and (9) (a) of the statutes first applies to petitions for protective placement filed on May 1, 2005.

(7) Transfers of protectively placed persons. The treatment of section 55.06 (9) (c) of the statutes first applies to transfers of protectively placed individuals that are made on May 1, 2005.

(8) Annual reviews of protectively placed individuals. The renumbering of section 55.06 (10) (a) of the statutes and the creation of section 55.06 (10) (a) 2. of the statutes first apply to reviews that are due on May 1, 2005.

(9) Extensions of temporary protective placements. The treatment of section 55.06 (11) (c) of the statutes first applies to temporary protective placements that occur on April 1, 2005.

(11) Limitation on payment. The creation of section 49.45 (30m) (b) of the statutes first applies with respect to services under section 49.45 (30m) (a) 1. and 3. of the statutes that are provided to an individual on May 1, 2005.

(12) Extended intensive treatment surcharge. The treatment of sections 20.435 (2) (gL), 46.275 (5) (e), 51.06 (1m) (d) and (5), 51.20 (13) (c) (intro.), 1., and 2. and (f), 51.35 (1) (bm), 51.437 (4rm) (c) 2m., and 51.67 (intro.) of the statutes, the renumbering of section 51.06 (3) of the statutes, and the creation of section 51.06 (3) (b) of the statutes first apply to services under section 51.06 (1m) (d) of the statutes that are provided on the effective date of this subsection.

(13d) Prescription drug assistance; eligibility. The treatment of section 49.688 (2) (b), (3) (b) 2. a., and (4m) of the statutes first applies to a person whose 12-month benefit period for the prescription drug assistance program under section 49.688 of the statutes begins on September 1, 2003, or on the first day of the first month beginning after the effective date of this subsection, whichever is later.

(13q) Prescription drug assistance; enrollment fee, and deductible. The treatment of section 49.688 (3) (a) and (b) 2. b. of the statutes, the renumbering and amendment of section 49.688 (3) (b) 1. of the statutes, and the creation of section 49.688 (3) (b) 1. a., b., and c. of the statutes first apply to a person whose 12-month benefit period for the prescription drug assistance program under section 49.688 of the statutes begins on September 1, 2003, or on the first day of the first month beginning after the effective date of this subsection, whichever is later.

(15) Medical Assistance drug copayments. The treatment of section 49.45 (18) (ag) 1. and 2. and (d) of the statutes first applies to drug prescriptions that are filled on the first day of the first month beginning after publication.

(15x) Statewide automated child welfare information system. The treatment of section 46.22 (1) (c) 8. f. of the statutes first applies to costs incurred by the department of health and family services in operating the statewide automated child welfare information system established under section 46.03 (7) (g) of the statutes on the effective date of this subsection.

(16) Badger Care drug copayments. The treatment of section 49.665 (5) (am) 1. and 2. of the statutes first applies to drug prescriptions that are filled on the first day of the first month beginning after publication.

33,9337 Section 9337. Initial applicability; military affairs.

(1x) Tuition reimbursement grants. The treatment of section 21.49 (1) (b) 1g., 1m., and 2. of the statutes first applies to applications for tuition grants made by persons who enlist in the Wisconsin National Guard on the effective date of this subsection.

33,9341 Section 9341. Initial applicability; public instruction.

(2) Choice and charter school payments. The treatment of sections 118.40 (2r) (e) 1. and 119.23 (4) (b) 2. of the statutes first applies to payments made in the 2003-04 school year.

(3q) Four-year-old kindergarten. The treatment of section 121.004 (7) (c) 1. c. and (cm) of the statutes first applies to state aid distributed in the 2004-05 school year, and first applies to school districts' revenue limit for the 2003-04 school year.

(4m) Milwaukee Parental Choice Program. The treatment of section 119.23 (2) (a) (intro.) and 2., (b), and (e) of the statutes first applies to pupils who and private schools that intend to participate in the Milwaukee Parental Choice Program in the 2004-05 school year.

(5f) Teacher license fee. The treatment of section 115.28 (7) (d) 2. of the statutes first applies to licenses issued or renewed on July 1, 2004.

33,9345 Section 9345. Initial applicability; revenue.

(1q) Lottery and gaming certification. The treatment of sections 20.835 (3) (r), 25.75 (3) (f), and 79.10 (7r), (10) (a), (b), (bm), (bn), and (f), and (11) (b) of the statutes first applies to the property tax assessments as of January 1, 2003.

(2d) Assessment of undeveloped land and agricultural forest land. The treatment of sections 70.05 (5) (a) 1m., 70.32 (2) (a) (intro.), 5., and 5m. and (c) 1., 1d., and 4. and (4), 73.03 (2a) (as it applies to classifying agricultural land), 74.09 (3) (b) 1. and 2., 74.485 (1) and (4) (a), and 77.04 (2) of the statutes, the renumbering of section 70.57 (3) of the statutes, and the creation of section 70.57 (3) (b) of the statutes first apply to the property tax assessments as of January 1, 2004.

(2f) Development opportunity zone. The treatment of section 560.795 (3) (a) 4. and 5. of the statutes first applies to taxable years beginning on January 1, 2003.

(3x) Sales tax on short-term lodging. The treatment of section 77.52 (2) (a) 1. of the statutes first applies retroactively to sales made after November 30, 1999, regardless of whether the sales occurred before the effective date of this subsection.

(4f) Nursing home bed assessment credit. The treatment of sections 20.835 (2) (e), 71.07 (8m), 71.08 (1) (intro.), and 71.10 (4) (i) of the statutes first applies to taxable years beginning on January 1, 2003, and assessments imposed under section 50.14 (2) of the statutes, as affected by this act, beginning on July 1, 2003.

33,9348 Section 9348. Initial applicability; supreme court.

(1) Court filing fees. The treatment of section 809.25 (2) (a) 1. of the statutes first applies to an appeal, cross-appeal, petition for review, petition to bypass, or other proceeding filed on the effective date of this subsection.

33,9353 Section 9353. Initial applicability; transportation.

(2) Motor carriers.

(a) The treatment of sections 340.01 (7m) and (13m), 343.03 (1) (a) (by Section 2522), (3) (a) and (e), (5) (title), and (7) (title), 343.06 (2), 343.10 (1) (b), (d), (e), and (f), (2) (c), and (7) (e) and (g), 343.12 (2) (intro.), (2m), (3), and (4) (a) (intro.), 1., 2., and 3. and (b), 343.17 (3) (b), 343.175 (2) (ag), 343.22 (2) (b), 343.23 (1) (intro.) and (c) and (2) (am) and (b), 343.307 (2) (d), 343.315 (2) (a) (intro.), 7., and 8., (e), (f) (intro.), 2., 6., 7., and 8., (h), and (k), 973.015, and 973.11 (1) (intro.) of the statutes, the renumbering of section 343.03 (6) and (7) of the statutes, the renumbering and amendment of section 343.03 (5) of the statutes, and the creation of section 343.03 (5) (b), (6) (b) and (c), and (7) (b) and (c) of the statutes first apply to licenses issued or renewed on the effective date of this paragraph.

(b) The treatment of sections 343.06 (2), 343.10 (1) (d), (e), and (f), (2) (c), and (7) (g), 343.12 (2m) and (4) (a) (intro.), 1., 2., and 3., 343.23 (1) (intro.) and (c) and (2) (am) and (b), 343.307 (2) (d), 343.315 (2) (a) (intro.), 7., and 8., (e), (f) (intro.), 2., 6., 7., and 8., (h), and (k), 343.44 (1) (c) and (d) and (2) (b) (intro.) and (bm), 973.015, and 973.11 (1) (intro.) of the statutes, the renumbering of section 343.03 (6) and (7) of the statutes, the renumbering and amendment of section 343.03 (5) of the statutes, and the creation of section 343.03 (5) (b), (6) (b) and (c), and (7) (b) and (c) of the statutes first apply to violations committed or refusals occurring on the effective date of this paragraph, but does not preclude the counting of other convictions, disqualifications, suspensions, or revocations for purposes of administrative action by the department of transportation, sentencing by a court, or revocation or suspension of motor vehicle operating privileges.

(c) The amendment of section 343.03 (7) (c) of the statutes first applies to violations committed on the effective date of this paragraph.

(4q) Motor vehicle registration fees. The treatment of section 341.25 (1) (a) of the statutes first applies to applications that are submitted for a registration period that begins on October 1, 2003.

(4r) Motor vehicle title fees. The treatment of section 342.14 (1) and (3) of the statutes first applies to applications that are submitted on October 1, 2003.

33,9358 Section 9358. Initial applicability; veterans affairs.

(1f) Tuition reimbursement. The treatment of sections 20.485 (2) (tf), 45.25 (title), (1), (1g), (2) (intro.), (c), and (d), and (3) (a), (am), and (b) (intro.), and 45.396 (1) (c), (4) , and (9) of the statutes; the renumbering and amendment of section 45.396 (5) of the statutes; and the creation of section 45.396 (5) (b) of the statutes first apply to courses completed after September 1, 2003, or the effective date of this subsection, whichever is later.

33,9359 Section 9359. Initial applicability; workforce development.

(5f) Educational needs assessment. The creation of section 49.147 (1m) (a) of the statutes first applies to individuals who apply for a Wisconsin Works employment position on January 1, 2004.

33,9400 Section 9400. Effective dates; general. Except as otherwise provided in Sections 9401 to 9460 of this act, this act takes effect on July 1, 2003, or on the day after publication, whichever is later.