Wisconsin Legislature: 25,9155

2. "Department" means the department of regulation and licensing.

(b) Transfer of transitional duties. Any application received by the board under 2001 Wisconsin Act 74, section 23 (5) (a) that is pending with the board on the effective date of this paragraph is transferred to the department and all materials submitted to or actions taken by the board with respect to the pending application are considered as having been submitted to or taken by the department.

(3k) Assistance to needy veterans and families emergency rules. The department of veterans affairs may promulgate an emergency rule under section 227.24 of the statutes implementing section 45.40 (3m) of the statutes, as affected by this act. 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 public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this subsection.

25,9154 Section 9154. Nonstatutory provisions; workforce development.

(1f) Report on certain Wisconsin Works results. Not later than December 1, 2006, the department of workforce development shall submit a report to the joint committee on finance that provides information about all of the following issues related to Wisconsin Works:

(a) The success of each Wisconsin Works agency in placing Wisconsin Works participants into unsubsidized jobs.

(b) The wages earned by former Wisconsin Works participants.

(d) The results of efforts made by the department of workforce development and each Wisconsin Works agency to ensure that adequate training is provided to all staff persons of the Wisconsin Works agency.

(e) The appropriateness and effectiveness of work, education, and training activities into which Wisconsin Works participants are placed by each Wisconsin Works agency.

(1k) Child care subsidy copayments. The department of workforce development shall increase the copayment amounts specified in the copayment schedule under section 49.155 (5) of the statutes by 15 percent, beginning with fiscal year 2005-06.

(1q) Elimination of governor's work-based learning board.

(a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of workforce development that are primarily related to the technical preparation program administered by the governor's work-based learning board that is being transferred to the technical college system board under this act, as determined by the secretary of administration, shall become the assets and liabilities of the technical college system board.

(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of workforce development that is primarily related to the technical preparation program administered by the governor's work-based learning board that is being transferred to the technical college system board under this act, as determined by the secretary of administration, is transferred to the technical college system board.

1. All contracts entered into by the department of workforce development or the governor's work-based learning board that are primarily related to the technical preparation program that is being transferred to the technical college system board under this act, as determined by the secretary of administration, and that are in effect on the effective date of this subdivision remain in effect and are transferred to the technical college system board. The technical college system board shall carry out any obligations under such a contract until the contract is modified or rescinded by the technical college system board to the extent allowed under the contract.

2. All contracts entered into by the governor's work-based learning board that are primarily related to the youth apprenticeship program under section 106.13, 2003 stats., as determined by the secretary of administration, and that are in effect on the effective date of this subdivision, remain in effect and are transferred to the department of workforce development. The department of workforce development shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of workforce development to the extent allowed under the contract.

(d) Rules and orders.

1. All rules promulgated by the governor's work-based learning board that are in effect on the effective date of this subdivision and that are primarily related to the technical preparation program that is being transferred to the technical college system board under this act, as determined by the secretary of administration, remain in effect until their specified expiration date or until amended or repealed by the technical college system board. All orders issued by the governor's work-based learning board that are in effect on the effective date of this subdivision and that are primarily related to the technical preparation program that is being transferred to the technical college system board under this act, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the technical college system board.

2. All rules promulgated by the governor's work-based learning board that are in effect on the effective date of this subdivision and that are primarily related to the youth apprenticeship program under section 106.13, 2003 stats., as determined by the secretary of administration, remain in effect until their specified expiration date or until amended or repealed by the department of workforce development. All orders issued by the governor's work-based learning board that are in effect on the effective date of this subdivision and that are primarily related to the youth apprenticeship program under section 106.13 of the statutes, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the department of workforce development.

(e) Pending matters.

1. Any matter pending with the governor's work-based learning board on the effective date of this subdivision and that is primarily related to the technical preparation program that is being transferred to the technical college system board under this act, as determined by the secretary of administration, is transferred to the technical college system board, and all materials submitted to or actions taken by the governor's work-based learning board with respect to the pending matter are considered as having been submitted to or taken by the technical college system board.

2. Any matter pending with the governor's work-based learning board on the effective date of this subdivision that is primarily related to the youth apprenticeship program under section 106.13, 2003 stats., as determined by the secretary of administration, is transferred to the department of workforce development, and all materials submitted to or actions taken by the governor's work-based learning board with respect to the pending matter are considered as having been submitted to or taken by the department of workforce development.

(f) Positions and employees.

1. The authorized FTE positions for the department of workforce development, funded from the appropriation under section 20.445 (7) (kb), 2003 stats., are decreased by 2.44 PR positions for the purpose of eliminating the governor's work-based learning board.

2. The authorized FTE positions for the department of workforce development, funded from the appropriation under section 20.445 (7) (kx), 2003 stats., are decreased by 2.16 PR positions for the purpose of eliminating the governor's work-based learning board.

3. The authorized FTE positions for the department of workforce development, funded from the appropriation under section 20.445 (7) (m), 2003 stats., are decreased by 5.4 FED positions for the purpose of eliminating the governor's work-based learning board.

4. On the effective date of this subdivision, all incumbent employees holding the positions specified in subdivisions 1. and 2. and all incumbent employees holding 3.2 of the positions specified in subdivision 3. are transferred to the technical college system board.

(g) Employee status. Employees transferred under paragraph (f) 4. shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the technical college system board 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.

25,9155 Section 9155. Nonstatutory provisions; other.

(1w) Attorney positions.

(a) In this subsection, "state agency" means an office, commission, department, independent agency, or board in the executive branch of state government, excluding the Board of Regents of the University of Wisconsin System, the department of employee trust funds, and the investment board.

(b) On June 30, 2007, 13.0 FTE attorney positions in all state agencies that are vacant on that date are eliminated. If fewer than 13.0 FTE attorney positions in all state agencies are vacant on June 30, 2007, there are eliminated the requisite number of FTE attorney positions, as identified by the secretary of administration, so that a total of 13.0 FTE attorney positions are eliminated.

(2) Lapse or transfer of certain appropriation balances from moneys allocated for legal services to the general fund .

(a) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, except as provided in paragraph (b ), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of the appropriations to state agencies, as defined in subsection (1w) (a), other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $724,900 during the 2006-07 fiscal year. The secretary of administration shall lapse or transfer these moneys from allocations for agency legal services that would have been provided in that fiscal year with funding from those appropriations.

(b) The secretary of administration may not lapse or transfer moneys to the general fund from any appropriation under 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.

(3) Lapse or transfer of state operations appropriation balances to the general fund.

(a) 1. Notwithstanding section 20.001 (3) (a) to (c) of the statutes, except as provided in paragraph (b ), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of state operations appropriations, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $3 5,500,000 during the 2005-07 fiscal biennium. The secretary of administration shall lapse or transfer these moneys from allocations for human resources and payroll functions and for server and network support, from moneys saved as a result of restructuring of procurement contracts and changes to purchasing and procurement functions, and from efficiencies achieved as a result of space management improvements in that fiscal biennium under those appropriations.

2. Notwithstanding section 20.001 (3 ) (a) to (c) of the statutes, except as provided in paragraph (b), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of state operations appropriations, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $55,0 00 ,000 during the 2007-08 fiscal year and an amount equal to $55,000 ,000 during the 2008-09 fiscal year. The secretary of administration shall lapse or transfer these moneys from allocations for human resources and payroll functions and for server and network support, from moneys saved as a result of restructuring procurement contracts and changes to purchasing and procurement functions, and from efficiencies achieved as a result of space management improvements in the 2007-09 fiscal biennium under those appropriations.

(aq) 1. No later than September 1, 2006, the secretary of administration shall submit a report to the joint committee on finance categorizing the lapses and transfers that occurred under paragraph (a) during the 2005-06 fiscal year by state agency, fund, and appropriation account, and the projected lapses and transfers for the 2006-07 fiscal year by state agency, fund, and appropriation account.

2. No later than April 1, 2007, the secretary of administration shall submit a report to the joint committee on finance categorizing the lapses and transfers that occurred under paragraph (a) during the 2005-06 fiscal year by state agency, fund, and appropriation account; specifying the amount of all reimbursements paid by the state to the federal government during the 2005-06 fiscal year by state agency, fund, and appropriation account; and categorizing the projected lapses and transfers for the 2006-07 fiscal year by state agency, fund, and appropriation account.

(b) 1. The secretary of administration may not lapse or transfer moneys to the general fund under paragraph (a) from any appropriation under 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.

2. The secretary of administration may not lapse or transfer moneys to the general fund under paragraph (a) from any appropriation under subchapters VII and VIII of chapter 20 of the statutes.

(4) State agency payments relating to unfunded liabilities under the Wisconsin retirement system.

(a) The definitions in section 20.001 of the statutes are applicable in this subsection, except that "state agency" does not include the department of employee trust funds or the investment board.

(b) The secretary of administration shall determine for each state agency the amount that the state agency would have been required to expend under section 40.05 (2 ) (b) and (4) (b), (bc), and (bw) and subchapter IX of chapter 40 of the statutes during the 2005-07 fiscal biennium had the obligations under section 16.5 27 of the statutes not been issued, and each appropriation from which the moneys would have been expended. The secretary shall exclude from this determination any appropriation from which a lapse or transfer to pay any principal or interest amount on obligations issued under section 16.5 27 of the statutes 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) From each appropriation identified in paragraph (b), the secretary shall lapse to the general fund or transfer to the general fund the amount specified in paragraph (b) that would otherwise have been expended from the appropriation.

(5dv) Supplementation of certain appropriations and reallocation of certain appropriation reductions.

(a) In this subsection:

1. "General purpose revenue" has the meaning given for "general purpose revenues" in section 20.001 (2) (a) of the statutes.

2. "State operations" means all purposes except aids to individuals and organizations and local assistance.

(b) In addition to any other request to the joint committee on finance under section 13.10 of the statutes to supplement an appropriation or make an appropriation transfer, a state agency to which moneys are appropriated in any of the following appropriations may submit a request to supplement an appropriation , from the appropriation under section 20.865 (4) (a) of the statutes, or in the case of a sum sufficient appropriation to reestimate expenditures from the appropriation, in an amount not to exceed the amount specified for that appropriation under this paragraph in that fiscal year or, in the case of a sum certain appropriation, may submit a request to make a transfer to the appropriation in an amount not to exceed the amount specified for that appropriation under this paragraph in that fiscal year from other sum certain appropriations for state operations made to the state agency from general purpose revenue : - See PDF for table

25,9201 Section 9201. Appropriation changes; administration.

(1) Utility public benefits fund transfer. There is transferred from the utility public benefits fund to the general fund $18,185,300 in fiscal year 2005-06 and $16,949,400 in fiscal year 2006-07.

(1f) Waste facility siting board lapse. Notwithstanding section 20.001 (3) (a) of the statutes, the unencumbered balance in the appropriation account under section 20.505 (4) (k) of the statutes at the end of fiscal year 2005-06 and fiscal year 2006-07 shall lapse to the general fund.

(1q) Land information aids funding lapse. There is lapsed to the general fund from the appropriation account under section 20.505 (1) (ij) of the statutes, as affected by this act, $464,100 on June 30, 2006, and $420,300 on June 30, 2007.

25,9202 Section 9202. Appropriation changes; aging and long-term care board.

25,9203 Section 9203. Appropriation changes; agriculture, trade and consumer protection.

25,9204 Section 9204. Appropriation changes; arts board.

(1d) Appropriation lapses. During the 2005-07 fiscal biennium, the arts board shall lapse to the general fund 5 percent of the total amount appropriated under each of the sum certain general purpose revenue appropriation accounts of the arts board. The amount required to be lapsed from each of those appropriation accounts may be lapsed in fiscal year 2005-06 or in fiscal year 2006-07, or in both fiscal years, so long as 5 percent of the total amount appropriated for the 2005-07 fiscal biennium for each of those appropriation accounts is lapsed to the general fund before the end of the 2005-07 fiscal biennium.

25,9205 Section 9205. Appropriation changes; building commission.

25,9206 Section 9206. Appropriation changes; child abuse and neglect prevention board.

25,9207 Section 9207. Appropriation changes; circuit courts.

25,9208 Section 9208. Appropriation changes; commerce.

(1) Petroleum inspection fund transfer. There is transferred from the petroleum inspection fund to the general fund $10,860,600 in fiscal year 2005-06 and $20,000,000 in fiscal year 2006-07.

(2n) Technology commercialization grant and loan program. The unencumbered balance in the appropriation account under section 20.143 (1) (ik), 2003 stats., is transferred to the appropriation account under section 20.143 (1) (ie) of the statutes.

25,9209 Section 9209. Appropriation changes; corrections.

(1x) Juvenile correctional services transfer.

(a) Subject to par. (b), if notwithstanding sections 16.50 (2), 16.52, 20.002 (11), and 20.903 of the statutes there is a deficit in the appropriation account under section 20.410 (3) (hm), 2003 stats., at the close of fiscal year 2004-05, any unencumbered balance in the appropriation account under section 20.410 (3) (ho), 2003 stats., at the close of fiscal year 2004-05, less the amounts required under that paragraph to be remitted to counties or transferred to the appropriation account under section 20.410 (3) (kx) of the statutes, and any unencumbered balance in the appropriation account under section 20.410 (3) (hr), 2003 stats., at the close of fiscal year 2004-05, shall be transferred to the appropriation account under section 20.410 (3) (hm) of the statutes, except that the total amount of the unencumbered balances transferred under this paragraph may not exceed the amount of that deficit.

(b) If the deficit specified in paragraph (a) is less than the total amount of the unencumbered balances available for transfer under paragraph (a), the total amount transferred from the appropriation accounts under section 20.410 (3) (ho) and (hr), 2003 stats., to the appropriation account under section 20.410 (3) (hm) of the statutes under paragraph (a) shall equal the amount of that deficit and the amount transferred from each of those appropriation accounts shall be in proportion to the respective unencumbered balance available for transfer from each of those appropriation accounts.

(2) Private business prison employment program. The unencumbered balance in the appropriation account under section 20.410 (1) (hm), 2003 stats., is transferred to the appropriation account under section 20.410 (1) (km) of the statutes.

25,9210 Section 9210. Appropriation changes; court of appeals.

25,9211 Section 9211. Appropriation changes; district attorneys.

25,9212 Section 9212. Appropriation changes; educational communications board.

25,9213 Section 9213. Appropriation changes; elections board.

25,9214 Section 9214. Appropriation changes; employee trust funds.

25,9215 Section 9215. Appropriation changes; employment relations commission.

25,9216 Section 9216. Appropriation changes; ethics board.

25,9217 Section 9217. Appropriation changes; financial institutions.

(1) Gifts, grants, settlements, and publications; lapse.

(a) Notwithstanding section 20.001 (3) (c) of the statutes, and except as provided in paragraph (b ), on June 30, 2006, there is lapsed to the general fund $344,200 from the appropriation account of the department of financial institutions under section 20.144 (1) (h) of the statutes, as affected by the acts of 2005, and on June 30, 2007, there is lapsed to the general fund $125,000 from the appropriation account of the department of financial institutions under section 20.144 (1) (h) of the statutes, as affected by the acts of 2005.

(b) The secretary of administration may not lapse moneys to the general fund under paragraph (a ) if the lapse would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse would violate state or federal law.

25,9218 Section 9218. Appropriation changes; Fox River Navigational System Authority.

25,9219 Section 9219. Appropriation changes; governor.

25,9220 Section 9220. Appropriation changes; Health and Educational Facilities Authority.

25,9221 Section 9221. Appropriation changes; health and family services.

(2) Group home revolving loan fund elimination. The unencumbered balance in the appropriation account under section 20.435 (6) (gd), 2003 stats., is transferred to the appropriation account under section 20.435 (7) (md) of the statutes.

(3p) Transfers for funding Health Insurance Risk-sharing Plan. The unencumbered balances in the appropriation accounts under section 20.435 (4) (u), 2003 stats., and section 20.435 (4) (v), 2003 stats., and in the Health Insurance Risk-Sharing Plan fund under section 25.55, 2003 stats., immediately before the effective date of this subsection, are transferred to the Health Insurance Risk-Sharing Plan fund under section 149.11 (2) of the statutes, as affected by this act.

25,9222 Section 9222. Appropriation changes; higher educational aids board.