Wisconsin Legislature: 28,9155

(a) At least 3 scenarios, each at a different level of annual expenditure, for potential freight rail improvements and acquisitions.

(b) An assessment of the benefits and costs of the improvements under each scenario described in paragraph (a).

(c) A discussion of the potential benefits of each scenario described in paragraph (a) in relation to other potential uses of transportation fund resources. In preparing this discussion, the department of transportation shall allow and consider public comment on each scenario.

(d) An assessment of whether some potential improvements on publicly owned rail lines could have sufficiently high benefits to induce benefited railroads to fund a higher percentage of the cost.

(6j) South Reid Road bridge replacement and expansion in town of La Prairie. In the 2009-11 fiscal biennium, from the appropriation account under section 20.395 (2) (eq) or (ex) of the statutes, the department of transportation shall provide $250,000 to the town of La Prairie in Rock County for the replacement and expansion of a bridge on South Reid Road.

(7j) Madison to Twin Cities passenger rail route report. No later than January 1, 2011, the department of transportation shall submit a report to the joint committee on finance that addresses the alternatives for extending high speed passenger rail service from the city of Madison to the city of Minneapolis or the city of St. Paul or both in the state of Minnesota. The report shall consider, and provide a comparison of costs and potential benefits of, each of the following routes:

(a) A route traveling through the city of Eau Claire.

(b) A route traveling through the city of La Crosse.

(8i) Business sign in Brown County. Notwithstanding the eligibility criteria established under section 86.195 (3) (e) of the statutes, upon application and payment of fees ordinarily required for the mounting of business signs, the department of transportation shall mount business signs meeting the specifications under section 86.195 of the statutes, and rules promulgated under that section, for the National Railroad Museum in the city of Green Bay in Brown County.

(8j) Transportation projects commission STH 13 study. No later than March 15, 2010, the department of transportation shall present a recommendation to the transportation projects commission regarding the preparation of an environmental assessment or an environmental impact statement for a potential major highway project involving STH 13 between the city of Marshfield and STH 29.

(9i) Request relating to state highway rehabilitation program. In submitting information under section 16.42 of the statutes, as affected by this act, for purposes of the 2011-13 biennial budget bill, the department of transportation shall submit information concerning the appropriation under section 20.395 (3) (cq) of the statutes as though the total amount appropriated under section 20.395 (3) (cq) of the statutes for the 2010-11 fiscal year had been $102,356,100 greater than the total amount that was actually appropriated under section 20.395 (3) (cq) of the statutes for the 2010-11 fiscal year.

(9u) Optional vehicle fleet registration. The department of transportation may submit a request to the joint committee on finance under section 13.10 of the statutes to provide supplemental funding under section 13.101 (3) of the statutes for the appropriation under section 20.395 (5) (cq) of the statutes for data processing costs associated with implementing the provisions of section 341.307 of the statutes, as created by this act. Any request submitted under this subsection shall include a description of the provisions that the department proposes to include in the rules required under section 341.307 (6) of the statutes, as created by this act, and an estimate of the amount of additional transportation fund revenues that would be generated in the 2010-11 fiscal year as a result of these provisions. Notwithstanding section 13.101 (3) of the statutes, the committee may supplement the appropriation under section 20.395 (5) (cq) of the statutes from the appropriation account under section 20.865 (4) (u) of the statutes for the purpose described in this subsection without finding that an emergency exists.

(10g) Eisner Avenue project in Sheboygan County. Notwithstanding limitations on the amount and use of aids provided under section 86.31 of the statutes, as affected by this act, or on eligibility requirements for receiving aids under section 86.31 of the statutes, as affected by this act, the department of transportation shall award a grant of $500,000 in the 2009-11 fiscal biennium to the city of Sheboygan in Sheboygan County for the rehabilitation of Eisner Avenue in Sheboygan County if the city of Sheboygan and the town of Sheboygan in Sheboygan County reach an agreement on the amount of funds to be contributed by each toward the total local share of the project costs. Payment of the grant under this subsection shall be made from the appropriation under section 20.395 (2) (ft) of the statutes equally from funds allocated under section 86.31 (3m) of the statutes, as affected by this act, and from funds allocated under section 86.31 (3r) of the statutes, as affected by this act, and is in addition to the city of Sheboygan's entitlement, as defined in section 86.31 (1) (ar) of the statutes, to aids under section 86.31 of the statutes, as affected by this act.

(10x) Transportation enhancements grant to Douglas County. Prior to July 1, 2011, from the appropriation under section 20.395 (2) (nx) of the statutes, the department of transportation shall award a grant under section 85.026 (2) of the statutes to Douglas County for the addition of bicycle lanes to CTH "B." The amount of the grant awarded under this subsection shall be $400,000 or 80 percent of the total cost of the project, whichever is less. The department may not rescind the grant under this subsection unless Douglas County informs the department that it does not intend to go forward with the project.

(11f) Grant to town of Stockton railroad crossing improvements. In the 2009-11 fiscal biennium, from the appropriation under section 20.395 (2) (gr) of the statutes, as affected by this act, the department of transportation shall award a grant of $175,000 to the town of Stockton in Portage County for railroad crossing improvements at the intersection of Old Highway 18 and the Canadian National Railroad tracks.

(11u) Shared use of administrative facilities in or near city of Tomah. During the 2009-11 fiscal biennium, the department of transportation shall consult with the department of natural resources concerning the shared use of administrative facilities used by the state traffic patrol and the department of natural resources in or near the city of Tomah.

(11v) Rule-making for compulsory financial responsibility for motor vehicle operation.

(a) The department of transportation shall submit in proposed form the rule required under section 344.66 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 9th month beginning after the effective date of this subsection.

(b) Using the procedure under section 227.24 of the statutes, the department of transportation shall promulgate the rule described under section 344.66 of the statutes, as created by this act, for the period before the permanent rule becomes effective, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of transportation 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 the rules promulgated under this subsection.

(12y) CTH "KP" project in Dane County. In conjunction with the highway rehabilitation project on USH 14 between the village of Cross Plains and the village of Mazomanie, the department of transportation shall complete, after the completion of the USH 14 project and during the 2009-2011 fiscal biennium, a repaving project on CTH "KP" between the village of Cross Plains and the village of Mazomanie.

(14q) Reconciliation provision related to primary enforcement of seat belts. If this subsection takes effect after June 30, 2009, the treatment of sections 347.48 (2m) (gm) and 347.50 (2m) (a) of the statutes by this act and Sections 9350 (4) and 9450 (6) of this act are void.

28,9154 Section 9154. Nonstatutory provisions; University of Wisconsin System.

(1) Wisconsin Genomics Initiative. Of the moneys appropriated to the Board of Regents of the University of Wisconsin System under section 20.285 (1) (a) of the statutes for the 2009-10 fiscal year, the board shall allocate $2,000,000 for support of the establishment of the Wisconsin Genomics Initiative for research into personalized health care for disease identification and prevention.

(2) Biotechnology, nanotechnology, and information technologies. Of the moneys appropriated to the Board of Regents of the University of Wisconsin System under section 20.285 (1) (a) of the statutes for the 2010-11 fiscal year, the board shall allocate $8,198,200 to support interdisciplinary research into biotechnology, nanotechnology, and information technologies that enhances human health and welfare.

(3f) Agency request relating to general program operations. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purpose of the 2011-13 biennial budget bill, the Board of Regents of the University of Wisconsin System shall submit information concerning the appropriation under section 20.285 (1) (a) of the statutes, as though the amounts appropriated to the board under that appropriation for fiscal year 2010-11 were $15,500,000 more than the amounts in the schedule.

(3g) Director of Wisconsin Institute for Sustainable Technology. Of the moneys appropriated to the Board of Regents of the University of Wisconsin System under section 20.285 (1) (s) of the statutes, as created by this act, for the 2009-10 and 2010-11 fiscal years, the board shall allocate $110,000 in each fiscal year to the Wisconsin Institute for Sustainable Technology at the University of Wisconsin-Stevens Point to provide funding for the position of the director of the institute.

(3i) Collaborative nursing program. Of the moneys appropriated to the Board of Regents of the University of Wisconsin System under section 20.285 (1) (a) and (im) of the statutes, the board shall allocate a total of $170,000 in each fiscal year of the 2009-11 fiscal biennium for a collaborative nursing program operated by the University of Wisconsin–Rock County, the University of Wisconsin–Oshkosh, and Blackhawk Technical College.

(3q) Innovation Entrepreneurship Institute. Of the moneys appropriated to the Board of Regents of the University of Wisconsin System under section 20.285 (1) (s) of the statutes, as created by this act, for the 2009-10 and 2010-11 fiscal years, the board shall allocate $50,000 in each fiscal year to the Innovation Entrepreneurship Institute through the Environmental Management and Business Institute at the University of Wisconsin-Green Bay to promote green innovations symposia.

(3r) Faculty and academic staff furloughs. Notwithstanding sections 36.09 (1) (j), 36.13, 36.15, and 36.21 of the statutes and the administrative rules promulgated under the authority of those sections, the governor may require each member of the University of Wisconsin System faculty and academic staff, as defined in section 36.05 (1) and (8) of the statutes, to take up to 8 days or their equivalent of unpaid leave during each fiscal year of the 2009-11 fiscal biennium.

28,9155 Section 9155. Nonstatutory provisions; Veterans Affairs.

(1c) Primary mortgage loan servicing study. No later than October 1, 2010, the department of veterans affairs shall submit a report on the evaluation of the viability of servicing veterans primary mortgage loans at the department, including the staffing and services that would be needed, changes necessary in the loan origination and administrative procedures, and the costs and revenues of the proposal, to the legislature under section 13.172 (2) of the statutes, the joint committee on finance, and the governor.

(2q) Feasibility study for Kenosha County assisted living facility. From the appropriation account under section 20.485 (2) (u) of the statutes, as affected by this act, the department of veterans affairs shall provide $25,000 to Kenosha County as the state share of the cost of a feasibility study on constructing an assisted living facility on property adjacent to Brookside Care Center, Kenosha County, to serve veterans and Kenosha County residents in need of assistance with activities of daily living who wish to live as independently as possible. No money may be expended under this subsection until the secretary of the department of veterans affairs determines that Kenosha County is providing $25,000 as the county's share of the cost of the feasibility study.

28,9155m Section 9155m. Nonstatutory provisions; Wisconsin Quality Home Care Authority.

(1) Initial terms of Wisconsin Quality Home Care Authority board. Notwithstanding the length of terms specified for the members of the board of the Wisconsin Quality Home Care Authority specified in section 52.05 (1) (c) of the statutes, as created by this act, the initial members shall be appointed for the following terms:

(a) The members specified under section 52.05 (1) (c) 1. and 3. of the statutes, as created by this act, and 3 members specified under section 52.05 (1) (c) 9. of the statutes, as created by this act, for terms that expire on July 1, 2010.

(b) The members specified under section 52.05 (1) (c) 2., 4., and 6. of the statutes, as created by this act, and 4 members specified under section 52.05 (1) (c) 9. of the statutes, as created by this act, for terms that expire July 1, 2011.

(c) The members specified under section 52.05 (1) (c) 5., 7., and 8. of the statutes, as created by this act, and 4 members specified under section 52.05 (1) (c) 9. of the statutes, as created by this act, for terms that expire July 1, 2012.

(2) Initial chairperson of Wisconsin Quality Home Care Authority board. The secretary of the department of health services, or his or her designee, shall serve as the chairperson of the board until such time as the governor designates a member of the board to serve as its chair.

(3f) Existing home care organization board. Notwithstanding section 52.05 (1) of the statutes, as created by this act, the members of the board of an organization that received a grant under section 46.48 (9), 2007 stats., to provide services to consumers and providers of supportive home care and personal care that exists before the effective date of this subsection may serve on the board of directors of the Wisconsin Quality Home Care Authority for the remainder of their terms without need for appointment by the governor. If a member of the board of the organization elects to serve on the board of directors of the Wisconsin Quality Home Care Authority, he or she will serve in place of a board member specified in section 52.05 (1) (c) 9. of the statutes, as created by this act.

28,9156 Section 9156. Nonstatutory provisions; Workforce Development.

(1) Refugee assistance services transfer.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of workforce development that are primarily related to refugee assistance services, including refugee cash and medical assistance; targeted assistance and employee training; refugee social services; older refugees; preventive health; health screening; interpreter training; and bilingual materials development, as determined by the secretary of administration, shall become the assets and liabilities of the department of children and families.

(b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees holding those positions in the department of workforce development performing duties that are primarily related to refugee assistance services, as determined by the secretary of administration, are transferred to the department of children and families.

(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 children and families 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.

(d) 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 refugee assistance services, as determined by the secretary of administration, is transferred to the department of children and families.

(e) Pending matters. Any matter pending with the department of workforce development on the effective date of this paragraph that is primarily related to refugee assistance services, as determined by the secretary of administration, is transferred to the department of children and families. All materials submitted to or actions taken by the department of workforce development with respect to the pending matter are considered as having been submitted to or taken by the department of children and families.

(f) Contracts. All contracts entered into by the department of workforce development in effect on the effective date of this paragraph that are primarily related to refugee assistance services, as determined by the secretary of administration, remain in effect and are transferred to the department of children and families. The department of children and families shall carry out any obligations under those contracts unless modified or rescinded by the department of children and families to the extent allowed under the contract.

(g) Rules and orders. All rules promulgated by the department of workforce development in effect on the effective date of this paragraph that are primarily related to refugee assistance services, remain in effect until their specified expiration dates or until amended or repealed by the department of children and families. All orders issued by the department of workforce development in effect on the effective date of this paragraph that are primarily related to refugee assistance services, remain in effect until their specified expiration dates or until modified or rescinded by the department of children and families.

(1d) Prevailing wage applicability; legislative intent. The treatment of sections 66.0903 (1) (a), (d), (dr), (g) 1. and 2., (h), and (im), (2), (3) (am) (with respect to improvement of a public facility), (ar), (br), and (dm), (4) (a) 1. and 2. and (b) 1. and 2., (5) (b) and (c), (8), (9) (b) and (c), (10) (a) and (b), (11) (b) 2., 3., 4., and 5., and (12) (d) and 103.49 (1) (a), (bg), (bj), (d) 1. and 2., (dm), (f), and (fm), (1m), (2) (with respect to improvement of a public facility), (2m) (a) 1. and 2. and (b) 1. and 2., (3) (a), (am), and (c), (3g) (b) and (c), (4r) (b) and (c), (5) (a) and (b), (6m) (b), (c), (d), and (e), and (7) (d) of the statutes by this act is intended to restate, clarify, and affirm the intent, interpretation, and enforcement of sections 66.0903, 2007 stats., and 103.49, 2007 stats., with respect to the types of projects of public works described in those provisions. No expansion or other change in that intent, interpretation, or enforcement is intended by the treatment of those provisions.

(2c) Vocational rehabilitation appropriation base amounts.

(a) Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 2011-13 biennial budget bill, the department of workforce development shall submit information concerning the appropriation under section 20.445 (5) (a) of the statutes as though the amount appropriated under that appropriation for the second fiscal year of the fiscal biennium in which this paragraph takes effect had been $15,060,100.

(b) Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 2011-13 biennial budget bill, the department of workforce development shall submit information concerning the appropriation under section 20.445 (5) (kg) of the statutes as though the amount appropriated under that appropriation for the second fiscal year of the fiscal biennium in which this paragraph takes effect had been $350,000.

(2f) Day care provider collective bargaining. The terms of the Memorandum of Agreement between the department of health and family services and the department of workforce development and the Wisconsin Child Care Providers Together, American Federation of State, County and Municipal Employees, AFSCME Councils 40 and 48, AFL-CIO, entered into on July 21, 2008, remain in effect until the earlier of June 30, 2011, or the date on which a collective bargaining agreement is ratified between an employer under section 111.02 (7) (a) 4. of the statutes, as created by this act, and a labor organization representing employees under section 111.02 (6) (am) of the statutes, as created by this act. Upon ratification of the collective bargaining agreement, the collective bargaining agreement shall supersede the Memorandum of Agreement with regard to wages, hours, and conditions of employment of the employees.

(2q) Milwaukee Area Workforce Investment Board. From the appropriation account under section 20.445 (1) (fr) of the statutes, as created by this act, the department of workforce development shall provide a grant in the amount of $2,000,000 during the 2009-11 state fiscal biennium to the Milwaukee Area Workforce Investment Board, Inc., if during that biennium the city of Milwaukee also provides a grant in the amount of $ 1,500,000 to that board.

(3i) Construction contractors; emergency rules. Using the procedures under section 227.24 of the statutes, the department of workforce development may promulgate the rules required under section 111.327 of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under that section, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

28,9157 Section 9157. Nonstatutory provisions; Other.

(2f) Liability, representation, and expenses arising from agreements with Minnesota.

(a) For purposes of sections 893.82 and 895.46 of the statutes, any employee of the state of Minnesota performing services for this state pursuant to an agreement made under executive order number 272, dated January 13, 2009, is considered to have the same status as an employee of this state performing the same services for this state, and any employee of this state who performs services for the state of Minnesota pursuant to such an agreement is considered to have the same status as when performing the same services for this state in any action brought under the laws of this state.

(b) The department of justice shall represent any employee of the state of Minnesota who is named as a defendant in any action brought under the laws of this state as a result of performing services for this state under an agreement specified in paragraph (a) and any employee of this state who is named as a defendant as a result of performing services for the state of Minnesota under such an agreement in any action brought under the laws of this state.

(c) Any employee of the state of Minnesota who is named as a defendant and who is found liable as a result of performing services for this state under an agreement specified in paragraph (a) shall be indemnified by this state to the same extent as an employee of this state performing the same services for this state pursuant to section 895.46 of the statutes.

(d) Witness fees in any action specified in this subsection shall be paid in the same manner as provided in section 885.07 of the statutes. The attorney general may compromise and settle any action specified in this subsection in the same manner as provided in section 165.25 (6) (a) of the statutes.

(e) Paragraphs (a) to (d) do not apply after January 2, 2011.

(2g) Village of De Forest interest payments. From the appropriation under section 20.566 (2) (hm) of the statutes, the department of revenue shall make a one-time payment of $9,950 to the village of De Forest for interest costs incurred on borrowing by the village relating to a department oversight in recertifying the base value of the village's amended tax incremental financing district.

(2i) Required general fund structural balance. Section 20.003 (4m) of the statutes shall not apply to the 2010-11 fiscal year.

(2L) State agency contractual services spending.

(a) In this subsection, "agency" means an office, department, agency, institution of higher education, association, society, or other body in the executive branch of state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law.

(b) Each agency shall review its contractual services contracts for private contractors and consultants for the purpose of reducing spending for contractual services by an amount equal to 1 percent during the 2009-11 fiscal biennium. Before January 1, 2010, each agency shall submit a report to the joint committee on finance, specifying either how contractual services spending can be reduced to achieve the 1 percent expenditure reduction goal or why the agency is unable to reduce its contractual services expenditures to achieve the 1 percent expenditure goal.

(c) The joint committee on finance may take appropriate action to reduce each agency's spending for contractual service during the 2009-11 fiscal biennium by an amount up to 1 percent.

(2u) Local purchases and projects. The department of administration shall pay the following amounts for the purposes specified from the appropriation under section 20.855 (4) (fc) of the statutes, as created by this act:

(a) The sum of $25,000 to Wisconsin Indianhead Technical College-Ladysmith Branch for a job retraining program to help dislocated workers in Rusk County.

(b) The sum of $10,000 to the Love Incorporated Food Bank in Burlington in Racine County.

(d) The sum of $5,000 to the Rio Area Food Pantry.

(e) The sum of $5,000 to the Lodi Food Pantry.

(f) The sum of $25,000 to the City of Racine for new programming for the Root River Environmental Education Community Center.

(g) The sum of $10,000 to the Friends of Beckman Mill for restoration and renovation activities in Beckman Mill Park in Rock County.

(hx) The sum of $5,000 to the Human Concerns of South Milwaukee Food Pantry.

28,9203 Section 9203. Fiscal changes; Agriculture, Trade and Consumer Protection.

(1) Agricultural chemical cleanup fund transfer. There is transferred from the agricultural chemical cleanup fund to the general fund $500,000 in fiscal year 2009-10 and $500,000 in fiscal year 2010-2011.

(2) Agrichemical management fund transfer. There is transferred from the agrichemical management fund to the general fund $500,000 in fiscal year 2009-10 and $1,000,000 in fiscal year 2010-2011.

28,9208 Section 9208. Fiscal changes; Children and Families.

(1) Milwaukee child welfare services. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of children and families under section 20.437 (1) (cx) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $3,000,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect for the purpose for which the appropriation is made.

(3f) Child care licensing and certification activities. The unencumbered balance in the appropriation account under section 20.437 (1) (jm) of the statutes, as affected by this act, that is attributable to day care center licensing activities under section 48.65, 2007 stats., or to fees received under section 48.65 (3), 2007 stats., is transferred to the appropriation account under section 20.437 (2) (jn) of the statutes, as created by this act, on the effective date of this subsection.

28,9210 Section 9210. Fiscal changes; Commerce.

(1) Health professional loan programs. The unencumbered balance in the appropriation account under section 20.143 (1) (jL), 2007 stats., and the unencumbered balance in the appropriation account under section 20.143 (1) (jm), 2007 stats., are transferred to the appropriation account under section 20.285 (1) (jc) of the statutes, as affected by this act.

(1f) Petroleum inspection fund transfer to transportation fund. There is transferred from the petroleum inspection fund to the transportation fund $10,000,000 in fiscal year 2009-10 and $17,800,000 in fiscal year 2010-11.

(1g) Petroleum inspection fund transfer to recycling and renewable energy fund. In each fiscal year of the fiscal biennium in which this subsection takes effect, $2,000,000 is transferred from the petroleum inspection fund to the recycling and renewable energy fund.

(1q) Petroleum inspection fund transfer to general fund in 2010-11. There is transferred from the petroleum inspection fund to the general fund $9,200,000 in fiscal year 2010-11.

(2f) Petroleum inspection fund transfer. There is transferred from the petroleum inspection fund to the general fund $12,500,000 in fiscal year 2009-10.