Wisconsin Legislature: 32,9110

(1) 2011-13 Authorized State Building Program. For the fiscal years beginning on July 1, 2011, and ending on June 30, 2013, the Authorized State Building Program is as follows: - See PDF for table

(2) 2009-11 Authorized State Building Program deletions.

(a) In 2009 Wisconsin Act 28, section 9106 (1) (c) 1., under projects financed by general fund supported borrowing, the 2009-11 Authorized State Building Program project identified as "Armory - Wisconsin Rapids" is deleted and the appropriate totals are decreased accordingly.

(b) In 2009 Wisconsin Act 28, section 9106 (1) (c) 3., under projects financed by federal funds, the 2009-11 Authorized State Building Program project identified as "Armory - Wisconsin Rapids" is deleted and the appropriate totals are decreased accordingly.

(c) In 2009 Wisconsin Act 28, section 9106 (1) (b) 3., under projects financed by program revenue supported borrowing, the 2009-11 Authorized State Building Program project identified as "Fox Lake Correctional Institution — methane digester" is deleted and the appropriate totals are decreased accordingly.

(3) Programs previously authorized. In addition to the projects and financing authority enumerated in subsection (1), the building and financing authority enumerated in the previous state building program is continued in the 2011-13 fiscal biennium.

(4) Loans. During the 2011-13 fiscal biennium, the building commission may make loans from general fund supported borrowing or the building trust fund to state agencies, as defined in section 20.001 (1) of the statutes, for projects that are to be utilized for programs not funded by general purpose revenue and that are authorized in subsection (1).

(5) School of Nursing project. Notwithstanding section 18.04 (1) and (2) of the statutes, of the public debt authorized for the School of Nursing project, as enumerated in subsection (1) (i) 1., $17,413,500 in public debt may not be contracted until after June 30, 2013.

(6) Health and Human Performance building project. Notwithstanding section 18.04 (1) and (2) of the statutes, of the public debt authorized for the Health and Human Performance building project, as enumerated in subsection (1) (i) 1., $50,491,000 in public debt may not be contracted until after June 30, 2013.

(7) Lac du Flambeau Indian Tribal Cultural Center. Notwithstanding section 13.48 (40m) (b) of the statutes, as created by this act, the building commission shall not make a grant to the Lac du Flambeau Band of Lake Superior Chippewa for construction of a tribal cultural center, as enumerated in subsection (1) (L), under section 13.48 (40m) of the statutes, as created by this act, unless the department of administration has reviewed and approved plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.

(9) Facilities maintenance and repair projects. Notwithstanding section 13.48 (10) (a) of the statutes, as affected by this act, of the amount provided under subsection (1) (n) 1. for facilities maintenance and repair, the secretary of administration may disburse up to $5,000,000 for needed facilities maintenance and repair projects in the 2011-13 fiscal biennium without approval of any projects under section 13.48 (10) (a) of the statutes, as affected by this act.

32,9108 Section 9108. Nonstatutory provisions; Children and Families.

(1) Client Assistance for Reemployment and Economic Support.

(a) Positions and employees. On the effective date of this paragraph, 3 positions and the incumbent employee or employees, if any, holding those positions in the department of children and families performing duties that are primarily related to automation security for the Client Assistance for Reemployment and Economic Support system, as determined by the secretary of administration, are transferred to the department of health services.

(b) Employee status. Any employee transferred under paragraph (a) has all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of health services that he or she enjoyed in the department of children and families 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.

(1u) Subsidized guardianships.

(a) Amendment of state plan. The department of children and families shall submit to the federal secretary of health and human services an amendment to the state plan for foster care and adoption assistance under 42 USC 671 to provide for the department and county departments of human services or social services to enter into subsidized guardianship agreements under section 48.623 (2) of the statutes, as created by this act, under which the department and those county departments provide subsidized guardianship payments under section 48.623 (1) of the statutes, as created by this act.

(b) Subsidized guardianship training. The department of children and families shall include in the plan that under section 48.567 (2) of the statutes the department is required to submit to the secretary of administration by September 1, 2011, a proposal for a subsidized guardianship training curriculum and a statewide subsidized guardianship training program. That proposal shall include an estimate of the cost of providing that training program.

(1v) Child care automated attendance tracking system.

(a) Of the amounts appropriated to the joint committee on finance under section 20.865 (4) (m) of the statutes, $1,000,000 in each of fiscal years 2011-12 and 2012-13 is allocated to supplement the appropriation account under section 20.437 (2) (mc) of the statutes, as affected by this act, for the purpose specified in paragraph (b).

(b) By January 1, 2012, the department of children and families shall submit to the joint committee on finance a request for that committee to supplement the appropriation account under section 20.437 (2) (mc) of the statutes, as affected by this act, for the purpose of implementing an automated attendance tracking system to electronically record and monitor child care attendance in licensed or certified child care facilities that receive reimbursement under the child care subsidy program under section 49.155 of the statutes, as affected by this act. That department shall include in the request a detailed plan explaining how the system would work and how the supplement, if released, would be spent. The joint committee on finance, from the appropriation account under section 20.865 (4) (m) of the statutes, may supplement the appropriation account under section 20.437 (2) (mc) of the statutes, as affected by this act, by an amount that is sufficient to implement the system, but not by more than $1,000,000 in each of fiscal years 2011-12 and 2012-13. Notwithstanding section 13.101 (3) (a) of the statutes, the joint committee on finance is not required to find that an emergency exists. The joint committee on finance may use the process described in paragraph (c) to provide a supplement under this paragraph.

(c) If the cochairpersons of the joint committee on finance do not notify the department of children and families within 14 working days after the date of the submittal of the request under paragraph (b) that the committee has scheduled a meeting to review the request, the supplement is approved as requested. If the cochairpersons of the joint committee on finance notify the department of children and families within 14 working days after the date of that submittal that the committee has scheduled a meeting to review the request, the supplement may occur only as approved, or as modified and approved, by the committee.

(2c) Rules for waiver under Wisconsin Shares. The department of children and families shall submit in proposed form the rules required under section 49.155 (3m) (d) 4. 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 4th month beginning after the effective date of this subsection.

(2i) Distribution of child support incentive payments.

(a) Review by joint committee on finance. Notwithstanding section 49.24 (2) (a) of the statutes, the department of children and families shall develop, and submit to the joint committee on finance no later than August 31, 2011, a detailed plan for distributing child support incentive payments to counties under section 49.24 of the statutes during calendar years 2012 and 2013. The plan shall meet all of the following requirements:

1. `Basis for distributions.' The plan shall describe the method the department used to calculate the distributions to counties under the plan.

2. `Across-the-board reduction.' The plan may not be based on across-the-board reductions to child support incentive payments made in calendar year 2011.

3. `Performance standards.' The distribution method under the plan may reward counties that demonstrate proficiency in providing child support enforcement services. Under the plan, a county's proficiency level may be based on performance standards determined by the department, including the county's rate, per full-time employee, of establishing child support court orders, establishing paternity, and collecting current child support.

(b) Implementation of distribution plan. If the cochairpersons of the joint committee on finance do not notify the department of children and families that the committee has scheduled a meeting for the purpose of reviewing the plan submitted under paragraph (a) within 14 working days after the date the plan is submitted, the department may implement the plan. If, within 14 working days after the date the plan is submitted, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may not distribute child support incentive payments after December 31, 2011, unless the distribution is approved by the committee.

32,9110 Section 9110. Nonstatutory provisions; Commerce.

(1) Housing assistance transfer.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to the functions of the department under subchapter X of chapter 560, 2009 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of commerce that is primarily related to the functions of the department under subchapter X of chapter 560, 2009 stats., as determined by the secretary of administration, is transferred to the department of administration.

(c) Contracts. All contracts entered into by the department of commerce in effect on the effective date of this paragraph that are primarily related to the functions of the department under subchapter X of chapter 560, 2009 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

(cg) Employee transfers. All positions and all incumbent employees holding those positions in the department performing duties primarily related to housing programs, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of administration.

(cr) Employee status. Employees transferred under paragraph (cg) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that they enjoyed in the department of commerce 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.

(2u) Transfer of business certification programs.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to disabled veteran-owned business certifications, woman-owned business certifications, or minority business certifications, as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

(b) Employee transfers. All positions and all incumbent employees holding those positions in the department of commerce performing duties primarily related to disabled veteran-owned business certifications, woman-owned business certifications, or minority business certifications, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of administration.

(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 administration that they enjoyed in the department of commerce 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 commerce that is primarily related to disabled veteran-owned business certifications, woman-owned business certifications, or minority business certifications, as determined by the secretary of administration, is transferred to the department of administration.

(e) Contracts. All contracts entered into by the department of commerce in effect on the effective date of this paragraph that are primarily related to disabled veteran-owned business certifications, woman-owned business certifications, or minority business certifications, as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

(f) Rules and orders. All rules promulgated by the department of commerce that relate to disabled veteran-owned business certifications, woman-owned business certifications, or minority business certifications, that are in effect on the effective date of this subsection, remain in effect until their specified expiration dates or until amended or repealed by the department of administration. All orders issued by the department of commerce relating to such business certifications that are in effect on the effective date of this subsection remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.

(g) Pending matters. Any matter pending with the department of commerce on the effective date of this paragraph that is primarily related to disabled veteran-owned business certifications, woman-owned business certifications, or minority business certifications, as determined by the secretary of administration, is transferred to the department of administration and all materials submitted to or actions taken by the department of commerce with respect to the pending matters are considered as having been submitted to or taken by the department of administration.

(2v) Transfer of certain grant programs.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to diesel truck idling reduction grants, as determined by the secretary of administration, shall become the assets and liabilities of the department of safety and professional services.

(b) Employee transfers. All positions and all incumbent employees holding those positions in the department of commerce performing duties primarily related to diesel truck idling reduction grants, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of safety and professional services.

(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 safety and professional services that they enjoyed in the department of commerce 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 commerce that is primarily related to diesel truck idling reduction grants, as determined by the secretary of administration, is transferred to the department of safety and professional services.

(e) Contracts. All contracts entered into by the department of commerce in effect on the effective date of this paragraph that are primarily related to diesel truck idling reduction grants, as determined by the secretary of administration, remain in effect and are transferred to the department of safety and professional services. The department of safety and professional services shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of safety and professional services to the extent allowed under the contract.

(f) Rules and orders. All rules promulgated by the department of commerce that relate to diesel truck idling reduction grants, that are in effect on the effective date of this subsection, remain in effect until their specified expiration dates or until amended or repealed by the department of safety and professional services. All orders issued by the department of commerce relating to such grants that are in effect on the effective date of this subsection remain in effect until their specified expiration dates or until modified or rescinded by the department of safety and professional services.

(g) Pending matters. Any matter pending with the department of commerce on the effective date of this paragraph that is primarily related to diesel truck idling reduction grants, as determined by the secretary of administration, is transferred to the department of safety and professional services and all materials submitted to or actions taken by the department of commerce with respect to the pending matters are considered as having been submitted to or taken by the department of safety and professional services.

(3) Transfer of the divisions of safety and buildings and environmental and regulatory services.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to the functions of the division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, shall become the assets and liabilities of the department of safety and professional services.

(b) Employee transfers. All positions and all incumbent employees holding those positions in the department of commerce performing duties primarily related to the functions of the division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of safety and professional services.

(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 safety and professional services that they enjoyed in the department of commerce 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 commerce that is primarily related to the functions of the division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, is transferred to the department of safety and professional services.

(e) Contracts. All contracts entered into by the department of commerce in effect on the effective date of this paragraph that are primarily related to the functions of the division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, remain in effect and are transferred to the department of safety and professional services. The department of safety and professional services shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of safety and professional services to the extent allowed under the contract.

(f) Rules and orders. All rules promulgated by the department of commerce that are in effect on the effective date of this paragraph and that are primarily related to the functions of the division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of safety and professional services. All orders issued by the department of commerce that are in effect on the effective date of this paragraph and that are primarily related to the functions of the division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of safety and professional services.

(g) Pending matters. Any matter pending with the department of commerce on the effective date of this paragraph that is primarily related to the functions of the division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, is transferred to the department of safety and professional services and all materials submitted to or actions taken by the department of commerce with respect to the pending matters are considered as having been submitted to or taken by the department of safety and professional services.

(4) Transfer of certain administrative positions from the department of commerce.

(a) The positions, and the incumbent employees holding those positions, in the division of administrative services in the department of commerce that the secretary of administration determines shall be transferred to the department of safety and professional services, are transferred on the effective date of this paragraph.

(b) Employees transferred under paragraph (a) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of safety and professional services that they enjoyed in the department of commerce 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.

(6) Economic development transfer.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to the functions of the department under subchapters I, II, III, IV, V, VI, VIII, and IX of chapter 560, 2009 stats., as determined by the secretary of administration, shall become the assets and liabilities of the Wisconsin Economic Development Corporation.

(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of commerce that is primarily related to the functions of the department under subchapters I, II, III, IV, V, VI, VIII, and IX of chapter 560, 2009 stats., except the tangible personal property, including records, transferred to the department of agriculture, trade and consumer protection under subsection (7) (a ) and except the tangible personal property, including records, transferred to the department of administration under subsection (8) (b), as determined by the secretary of administration, is transferred to the Wisconsin Economic Development Corporation.

(c) Contracts. All contracts entered into by the department of commerce in effect on the effective date of this paragraph that are primarily related to the functions of the department under subchapters I, II, III, IV, V, VI, VIII, and IX of chapter 560, 2009 stats., as determined by the secretary of administration, remain in effect and are transferred to the Wisconsin Economic Development Corporation. The Wisconsin Economic Development Corporation shall carry out any obligations under such a contract until the contract is modified or rescinded by the Wisconsin Economic Development Corporation to the extent allowed under the contract.

(7) Investment tax credits; transfer.

(a) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of commerce that is primarily related to the functions of the department of commerce with respect to sections 560.2056, 560.207, 560.208, and 560.209, 2009 stats., as determined by the secretary of administration, is transferred to the department of agriculture, trade and consumer protection.

(b) Rules. All rules promulgated by the department of commerce under sections 560.2056 (4), 560.207 (4), 560.208 (4), and 560.209 (4), 2009 stats., that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of agriculture, trade and consumer protection.

(8) Rural hospital loan guarantee; transfer.

(a) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of commerce that is primarily related to the functions of the department of commerce with respect to section 231.35, 2009 stats., as determined by the secretary of administration, is transferred to the department of administration.

(b) Rules. All rules promulgated by the department of commerce under section 231.35 (7), 2009 stats., that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of administration.

(8q) Electronic medical records credit; transfer.

(a) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of commerce that is primarily related to the functions of the department of commerce with respect to section 560.204, 2009 stats., as determined by the secretary of administration, is transferred to the department of revenue.

(b) Rules. All rules promulgated by the department of commerce under section 560.204 (4), 2009 stats., that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of revenue.

(9u) Relocation assistance transfer.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to the functions of the department under sections 32.19 to 32.27, 2009 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

(b) Employee transfers. All positions and all incumbent employees holding those positions in the department of commerce performing duties primarily related to the functions of the department under sections 32.19 to 32.27, 2009 stats., as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of administration.

(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of commerce that is primarily related to the functions of the department under sections 32.19 to 32.27, 2009 stats., as determined by the secretary of administration, is transferred to the department of administration.

(e) Contracts. All contracts entered into by the department of commerce in effect on the effective date of this paragraph that are primarily related to the functions of the department under sections 32.19 to 32.27, 2009 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

(f) Rules and orders. All rules promulgated by the department of commerce under sections 32.19 to 32.27, 2009 stats., that are in effect on the effective date of this paragraph, remain in effect until their specified expiration dates or until amended or repealed by the department of administration. All orders issued by the department of commerce relating to the functions of the department under sections 32.19 to 32.27, 2009 stats., as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.

(g) Pending matters. Any matter pending with the department of commerce on the effective date of this paragraph that is primarily related to the functions of the department under sections 32.19 to 32.27, 2009 stats., as determined by the secretary of administration, is transferred to the department of administration and all materials submitted to or actions taken by the department of commerce with respect to the pending matters are considered as having been submitted to or taken by the department of administration.

32,9111 Section 9111. Nonstatutory provisions; Corrections.

(1u) Report; nursing services. The secretary of corrections shall, before October 1, 2011, submit a report to the joint committee on finance that identifies the number of nursing staff and associated costs for each correctional facility in fiscal years 2009-10 and 2010-11 and that summarizes each contract for nursing services entered into by the department of corrections in or for fiscal years 2009-10 and 2010-11.

(2q) Department report on juvenile corrections.

(a) In this subsection, "juvenile correctional services" includes those services for which section 301.26 (4) (d) 2. and 3. of the statutes, as affected by this act, provides daily cost assessments to counties and any other juvenile-delinquency-related care or services provided by counties or the state.

(b) No later than June 30, 2012, the department of corrections shall submit to the chief clerk of each house of the legislature, for distribution to the legislature in the manner provided under section 13.172 (2) of the statutes, a report on juvenile correctional services provided to juveniles that includes all of the following: