Wisconsin Legislature: 28,9157

(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.

(2u) Diesel truck idling reduction moneys; lapse. On June 30, 2011, the unencumbered balance in the appropriation to the department of commerce under section 20.143 (3) (sm) of the statutes, as affected by this act, is transferred to the general fund.

(3f) Development fund; lapse. Notwithstanding section 20.001 (3) (b) of the statutes, on July 1, 2010, there is lapsed to the general fund $14,850,000 from the appropriation account of the department of commerce under section 20.143 (1) (tm) of the statutes, as affected by the acts of 2009.

(3q) Transfer from petroleum inspection fund to environmental fund. There is transferred from the petroleum inspection fund to the environmental fund $230,000 in the first fiscal year of the fiscal biennium in which this subsection takes effect. There is transferred from the petroleum inspection fund to the environmental fund $530,000 in the second fiscal year of the fiscal biennium in which this subsection takes effect.

28,9211 Section 9211. Fiscal changes; Corrections.

(1) Juvenile correctional services deficit reduction.

(a) Subject to paragraph (b), if notwithstanding sections 16.50 (2), 16.52, 20.002 (11), as affected by this act, and 20.903 of the statutes there is a deficit in the appropriation account under section 20.410 (3) (hm), 2007 stats., at the close of fiscal year 2008-09, any unencumbered balance in the appropriation account under section 20.410 (3) (ho), 2007 stats., at the close of fiscal year 2008-09, 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), 2007 stats., at the close of fiscal year 2008-09, shall be transferred to the appropriation account under section 20.410 (3) (hm) of the statutes, as affected by Section 313 of this act, 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), 2007 stats., to the appropriation account under section 20.410 (3) (hm) of the statutes, as affected by Section 313 of this act, 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.

(2i) Department of corrections appropriation changes for 2008-09.

(a) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of corrections under section 20.410 (1) (a) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $15,907,700 for the second fiscal year of the fiscal biennium in which this paragraph takes effect to increase funding for the purposes for which the appropriation is made.

(b) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of corrections under section 20.410 (1) (ab) 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 paragraph takes effect to increase funding for the purposes for which the appropriation is made.

(c) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of corrections under section 20.410 (1) (b) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $2,500,000 for the second fiscal year of the fiscal biennium in which this paragraph takes effect to increase funding for the purposes for which the appropriation is made.

(d) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of corrections under section 20.410 (3) (cg) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $2,936,400 for the second fiscal year of the fiscal biennium in which this paragraph takes effect to increase funding for the purposes for which the appropriation is made.

28,9215 Section 9215. Fiscal changes; Employee Trust Funds.

(1) Transfer of certain moneys relating to the pharmacy benefits program to the department of health services. Before July 1, 2011, the secretary of employee trust funds shall transfer from the employee trust fund to the appropriation account under section 20.435 (4) (jz) of the statutes, as affected by this act, any remaining moneys related to the pharmacy benefits program under section 40.53, 2007 stats. The secretary shall develop a methodology to determine the amount to be transferred.

28,9220 Section 9220. Fiscal changes; Governor.

(1c) Appropriations lapses and reestimates. The governor shall take actions during the 2009-11 fiscal biennium to ensure that from general purpose revenue appropriations to the office of the governor under section 20.525 of the statutes an amount equal to $662,800 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both.

28,9222 Section 9222. Fiscal changes; Health Services.

(1) Medical Assistance general purpose revenue lapse. Notwithstanding section 20.001 (3) (b) of the statutes, there is lapsed to the general fund from the appropriation account of the department of health services under section 20.435 (4) (b) of the statutes, as affected by the acts of 2009, $306,000,000 in fiscal year 2008-09.

(1c) Medical Assistance general purpose revenue increase. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health services under section 20.435 (4) (b) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $15,000,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to increase funding for the purposes for which the appropriation is made.

(1d) Medical Assistance general purpose revenue balance. Notwithstanding section 20.001 (3) (b) of the statutes, any unencumbered balance in the appropriation to the department of health services under section 20.435 (4) (b) of the statutes, as affected by the acts of 2009, does not revert to the general fund at the end of the second fiscal year of the fiscal biennium in which this subsection takes effect; and the department of health services may in the 2009-11 fiscal biennium expend the amount equal to this unencumbered balance in addition to the amount in the schedule under section 20.005 (3) of the statutes for the appropriation under section 20.435 (4) (b) of the statutes for state fiscal years 2009-10 and 2010-11.

(2) Medical Assistance trust fund appropriation. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health services under section 20.435 (4) (w) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $91,881,500 for the second fiscal year of the fiscal biennium in which this subsection takes effect for the purposes for which the appropriation is made.

(2u) Medical Assistance administration. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health services under section 20.435 (4) (jw) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $234,400 for the second fiscal year of the fiscal biennium in which this subsection takes effect to increase funding for the purposes for which the appropriation is made.

(3) Balance transfers.

(a) The unencumbered balance of the appropriation to the department of health services under section 20.435 (5) (i) of the statutes, as affected by this act, is transferred to the appropriation account under section 20.435 (1) (i) of the statutes, as affected by this act, on the effective date of this paragraph.

(b) The unencumbered balance of the appropriation to the department of health services under section 20.435 (5) (ky) of the statutes, as affected by this act, is transferred to the appropriation account under section 20.435 (1) (ky) of the statutes, as created by this act, on the effective date of this paragraph.

(c) The unencumbered balance of the appropriation to the department of health services under section 20.435 (5) (kz) of the statutes, as affected by this act, is transferred to the appropriation account under section 20.435 (1) (kz) of the statutes, as created by this act, on the effective date of this paragraph.