55,9151
Section 9151.
Nonstatutory provisions; Workforce Development.
(1q) Prevailing wage; emergency rules. Using the procedure under section 227.24 of the statutes, the department of administration may promulgate rules under section 16.856 (7) of the statutes, as created by this act, for the period before the effective date of any corresponding permanent rules, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), 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.
(2)
Transfer of worker's compensation adjudicatory functions.
(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 the adjudicatory functions of the division of worker's compensation in that department, as determined by the secretary of administration, shall become the assets and liabilities of the division of hearings and appeals in the department of administration.
(bu) Positions and employees. On the effective date of this paragraph, not less than 18.0 FTE SEG administrative law judge positions, and all incumbent employees holding those positions, in the department of workforce development performing duties that are primarily related to the adjudicatory functions of the division of worker's compensation in that department, as determined by the secretary of administration, are transferred to the division of hearings and appeals in the department of administration. In determining the number of administrative law positions to be transferred under this paragraph, the secretary of administration shall ensure that not less than 6.0 FTE SEG administrative law judge positions and 2.0 FTE SEG legal support staff positions remain at the department of workforce development.
(c) Employee status. Employees transferred under paragraph (bu) have all the rights and the same status under chapter 230 of the statutes in the division of hearings and appeals in the department of administration 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 the adjudicatory functions of the division of worker's compensation in that department, as determined by the secretary of administration, is transferred to the division of hearings and appeals in the department of administration.
(e) Pending matters. Any matter pending with the department of workforce development on the effective date of this paragraph that is primarily related to the adjudicatory functions of the division of worker's compensation in that department, as determined by the secretary of administration, is transferred to the division of hearings and appeals in the department of administration. 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 division of hearings and appeals in the department of administration.
(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 the adjudicatory functions of the division of worker's compensation in that department, as determined by the secretary of administration, remain in effect and are transferred to the division of hearings and appeals in the department of administration. The division of hearings and appeals in the department of administration shall carry out any obligations under those contracts unless modified or rescinded by the division of hearings and appeals in the department of administration 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 the adjudicatory functions of the division of worker's compensation in that department, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the administrator of the division of hearings and appeals in the department of administration. All orders issued by the department of workforce development in effect on the effective date of this paragraph that are primarily related to the adjudicatory functions of the division of worker's compensation in that department, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the administrator of the division of hearings and appeals in the department of administration.
(5) Unemployment insurance; drug testing.
(a) Scope statements for rules. The department of workforce development shall present the statements of scope of the rules required under sections 108.04 (8) (b) and 108.133 (2) (a) and (am) and (4) (b) of the statutes, as created by this act, to the governor for approval under section 227.135 (2) of the statutes no later than the 180th day after the effective date of this paragraph.
(b) Emergency rule authority. Using the procedure under section 227.24 of the statutes, the department of workforce development may promulgate any rules required under sections 108.04 (8) (b) and 108.133 (2) (a) and (am) and (4) (b) of the statutes, as created by this act, for the period before the effective date of any corresponding permanent rules, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this paragraph 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 paragraph.
(6) Infrastructure employee transfers.
(a) Employee transfers. On the effective date of this paragraph, 4.0 FTE positions and the incumbent employees in the classified service of the state civil service holding those positions in the department of workforce development performing duties primarily related to infrastructure, as determined by the secretary of administration, are transferred to the department of administration.
(b) Employee status. Employees transferred under paragraph (a) have all the rights and the same status under chapter 230 of the statutes in the department of administration 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.
55,9152
Section 9152.
Nonstatutory provisions; Other.
(1c) Pay-for-performance contracts.
(a) In this subsection:
1. "Pay-for-performance contract" means a contract between a state agency and a private organization for the delivery of services under which payment for those services is contingent upon, and delayed until, the private organization achieves specified performance outcomes as measured by an independent evaluator using agreed-upon standards of measurement. The private organization may serve as an intermediary for obtaining funding to perform the contract by raising capital from private donors or investors and for subcontracting with direct providers to achieve the specified performance outcomes.
2. "State agency" means any office, department, or independent agency in the executive branch of state government.
(b) All state agencies shall review current programs and submit to the joint committee on finance on or before December 1, 2015, a plan that identifies expenditures that could be decreased or programs that could be improved through the use of pay-for-performance contracts.
(1d) Required general fund structural balance. Section 20.003 (4m) of the statutes shall not apply to the action of the legislature in enacting this act.
55,9201
Section 9201.
Fiscal changes; Administration.
(1) Consolidation of certain state agency services appropriations. The assets and unencumbered balance in the appropriation account under section 20.505 (1) (ke), 2013 stats., are transferred to the appropriation account under section 20.505 (1) (kL) of the statutes, as affected by this act.
(2) Transfer to state building trust fund. Before July 1, 2016, the secretary of administration may transfer to the state building trust fund, from the appropriation account under section 20.505 (1) (kc) of the statutes, an amount not exceeding $3,000,000 from the unencumbered balance of that appropriation account.
(3q) Lapse from capital planning and building construction services appropriation account to general fund. Notwithstanding section 20.001 (3) (a) of the statutes, there is lapsed to the general fund from the appropriation account under section 20.505 (1) (kc) of the statutes an amount equal to $5,000,000 in the 2015-16 fiscal year.
55,9202
Section 9202.
Fiscal changes; Agriculture, Trade and Consumer Protection.
(1) Transfer from agricultural chemical cleanup fund to environmental fund. There is transferred from the agricultural chemical cleanup fund to the environmental fund $1,000,000 in each fiscal year of the 2015-17 biennium.
55,9213
Section 9213.
Fiscal changes; Employment Relations Commission.
(1v) Unspent program revenue. Notwithstanding section 20.001 (3) (a) of the statutes, at the end of each fiscal year in the 2015-17 fiscal biennium, there is lapsed to the general fund any unencumbered balance exceeding 10 percent of that fiscal year's expenditures from the appropriation account under section 20.425 (1) (i) of the statutes.
55,9218
Section 9218.
Fiscal changes; Health Services.
(1) Merger of divisions into Medicaid services division.
(a) The unencumbered balances of the appropriations to the department of health services under section 20.435 (7) (g) and (hc) of the statutes, as affected by this act, are transferred to the appropriation account under section 20.435 (4) (h) of the statutes, as affected by this act, on the effective date of this paragraph.
(b) The unencumbered balances of the appropriations to the department of health services under section 20.435 (7) (gc) and (h) of the statutes, as affected by this act, are transferred to the appropriation account under section 20.435 (4) (hp) of the statutes, as affected 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 (7) (gm) of the statutes, as affected by this act, is transferred to the appropriation account under section 20.435 (4) (iL) of the statutes, as affected by this act, on the effective date of this paragraph.
(d) The unencumbered balance of the appropriation to the department of health services under section 20.435 (7) (hs) of the statutes, as affected by this act, is transferred to the appropriation account under section 20.435 (4) (hs) of the statutes, as affected by this act, on the effective date of this paragraph.
(e) The unencumbered balance of the appropriation to the department of health services under section 20.435 (7) (i) of the statutes, as affected by this act, is transferred to the appropriation account under section 20.435 (4) (i) of the statutes, as affected by this act, on the effective date of this paragraph.
(f) The unencumbered balance of the appropriation to the department of health services under section 20.435 (7) (im) of the statutes, as affected by this act, is transferred to the appropriation account under section 20.435 (4) (im) of the statutes, as affected by this act, on the effective date of this paragraph.
(g) The unencumbered balance of the appropriation to the department of health services under section 20.435 (7) (jb) of the statutes, as affected by this act, is transferred to the appropriation account under section 20.435 (4) (jc) of the statutes, as affected by this act, on the effective date of this paragraph.
(h) The unencumbered balance of the appropriation to the department of health services under section 20.435 (7) (kx) of the statutes, as affected by this act, is transferred to the appropriation account under section 20.435 (4) (kx) of the statutes, as affected by this act, on the effective date of this paragraph.
(i) The unencumbered balance of the appropriations to the department of health services under section 20.435 (7) (m) and (mc) of the statutes, as affected by this act, are transferred to the appropriation account under section 20.435 (4) (m) of the statutes, as affected by this act, on the effective date of this paragraph.
(j) The unencumbered balance of the appropriation to the department of health services under section 20.435 (7) (n) of the statutes, as affected by this act, is transferred to the appropriation account under section 20.435 (4) (n) of the statutes, as affected by this act, on the effective date of this paragraph.
(2c) Lapse from physician assessment to general fund. Notwithstanding section 20.001 (3) (a) of the statutes, in the fiscal year 2015-16, there is lapsed to the general fund $1,100,000 from the appropriation account of the department of health services under section 20.435 (1) (hg) of the statutes.
55,9226
Section 9226.
Fiscal changes; Justice.
(1) Return of certain unused moneys to the justice information surcharge appropriation account.
(a) In fiscal year 2015-16, an amount equal to the unencumbered balance as of June 30, 2015, in the appropriation account under section 20.410 (1) (kd) of the statutes is transferred from that appropriation account to the appropriation account under section 20.505 (1) (id) of the statutes.
(b) In fiscal year 2015-16, an amount equal to the unencumbered balance as of June 30, 2015, in the appropriation account under section 20.455 (2) (kb)of the statutes is transferred from that appropriation account to the appropriation account under section 20.505 (1) (id) of the statutes.
(c) In fiscal year 2015-16, an amount equal to the unencumbered balance as of June 30, 2015, in the appropriation account under section 20.455 (2) (ki) of the statutes is transferred from that appropriation account to the appropriation account under section 20.505 (1) (id) of the statutes.
(d) In fiscal year 2015-16, an amount equal to the unencumbered balance as of June 30, 2015, in the appropriation account under section 20.455 (2) (kn) of the statutes is transferred from that appropriation account to the appropriation account under section 20.505 (1) (id) of the statutes.
(e) In fiscal year 2015-16, an amount equal to the unencumbered balance as of June 30, 2015, in the appropriation account under section 20.455 (2) (ko) of the statutes is transferred from that appropriation account to the appropriation account under section 20.505 (1) (id) of the statutes.
(f) In fiscal year 2015-16, an amount equal to the unencumbered balance as of June 30, 2015, in the appropriation account under section 20.455 (5) (ke) of the statutes is transferred from that appropriation account to the appropriation account under section 20.505 (1) (id) of the statutes.
(g) In fiscal year 2015-16, an amount equal to the unencumbered balance as of June 30, 2015, in the appropriation account under section 20.505 (1) (kh) of the statutes is transferred from that appropriation account to the appropriation account under section 20.505 (1) (id) of the statutes.
55,9227
Section 9227.
Fiscal changes; Legislature.
(1) Appropriation lapses and reestimates. The cochairpersons of the joint committee on legislative organization shall take actions during the 2015-17 fiscal biennium to ensure that from general purpose revenue appropriations to the legislature under section 20.765 of the statutes an amount equal to $9,232,200 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both.
55,9232
Section 9232.
Fiscal changes; Natural Resources.
(1q) Well compensation lapse. Notwithstanding section 20.001 (3) (b) and (c)
of the statutes and the treatment of section 20.370 (6) (cr) of the statutes by this act, the unencumbered balance of the appropriation account under section 20.370 (6) (cr),
2013 stats., shall not lapse to the environmental fund on the effective date of this subsection and all of the following shall occur with respect to that appropriation account:
(a) In fiscal year 2015-16, there is lapsed to the environmental fund $320,000.
(b) In the 2015-17 fiscal biennium, the amounts that may be expended from that appropriation account are the sum of the amounts in the schedule under chapter 20 of the statutes, as affected by this act, and the unencumbered balance in the appropriation account, less the amount lapsed under paragraph (a).
(c) At the end of the 2015-17 fiscal biennium, the unencumbered balance of the appropriation account is lapsed to the environmental fund.
55,9236
Section 9236.
Fiscal changes; Public Service Commission.
(1v) Universal service fund transfer. There is transferred from the universal service fund to the appropriation account under section 20.155 (3) (r) of the statutes, as created by this act, $6,000,000 in the 2015-16 fiscal year.
55,9238
Section 9238.
Fiscal changes; Safety and Professional Services.
(1) Transfer from petroleum inspection fund to transportation fund. There is transferred from the petroleum inspection fund to the transportation fund $21,000,000 in each fiscal year of the 2015-17 fiscal biennium.
(3) Transfer of credentialing fees. The unencumbered balance in the appropriation account under section 20.165 (1) (g) of the statutes that is primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, is transferred to the appropriation account under section 20.115 (2) (jm) of the statutes, as created by this act.
55,9239
Section 9239.
Fiscal changes; Secretary of State.
(1q) Agency collections. Notwithstanding section 20.001 (3) (a) of the statutes, on the effective date of this subsection, there is lapsed to the general fund $30,000 from the appropriation account of the secretary of state under section 20.575 (1) (ka) of the statutes.
55,9245
Section 9245.
Fiscal changes; Transportation.
(1q) Freight rail infrastructure improvement loan program lapse. Notwithstanding section 20.001 (3) (c) of the statutes, on the effective date of this subsection, there is lapsed to the transportation fund $5,200,000 from the appropriation account under section 20.395 (2) (bw) of the statutes.
55,9248
Section 9248.
Fiscal changes; University of Wisconsin System.
(1q) General program operations lapse. Notwithstanding section 20.001 (3) (b) of the statutes, on July 1, 2016, there is lapsed to the general fund $25,000,000 from the appropriation account under section 20.285 (1) (a) of the statutes, as affected by this act.
55,9301
Section 9301.
Initial applicability; Administration.
(3) Interest on compensation for special prosecutors. The treatment of section 978.045 (2) (a), (b), and (c) of the statutes first applies to appointments made on the effective date of this subsection.
(3f) Assessments for building construction services. The treatment of section 16.85 (2) of the statutes first applies to services provided on the effective date of this subsection.
55,9304
Section 9304.
Initial applicability; Building Commission.
(1n) Contracting requirements. The treatment of section 13.48 (19) of the statutes first applies to waivers or authorizations made on the effective date of this subsection.
55,9306
Section 9306.
Initial applicability; Children and Families.
(1) Wisconsin Shares eligibility and funding. The treatment of section 49.155 (1m) (intro.), (3) (intro.), and (3m) (am) and (b) 1. of the statutes first applies to a contract made between the department of children and families and a county department or agency for a contract period beginning on October 1, 2015.
(2) Assignment of benefits. The treatment of sections 40.08 (1c), 46.10 (14) (e) 1., 49.345 (14) (e) 1. (as it relates to income continuation insurance benefits and duty disability benefits), 301.12 (14) (e) 1., and 767.75 (1f) and (2m) (a) 1. and 2. of the statutes first applies to benefits paid on the effective date of this subsection.
(3u) Rate-regulated and rate-based service contracts. The treatment of sections 46.036 (3) (a) and (c) and (5m) (a) 1., 1d., 1g., 1j., 2., and 3., (b) 1. and 2., (c), (d), (e), and (em), 49.34 (3) (a) and (c) and (5m) (a) 1., 1d., 1g., 1j., 2., and 3., (b) 1., 2., and 3., (d), (e), and (em), and 301.08 (2) (c) 1. and 3., (e), and (em) of the statutes first applies to a contract under which a provider commences performance on the effective date of this subsection.
55,9307
Section 9307.
Initial applicability; Circuit Courts.
(1) Costs of blood withdrawals. The treatment of sections 814.63 (3m) (a), 814.65 (4m) (a), and 973.06 (1) (j) of the statutes first applies to a blood withdrawal that occurs on the effective date of this subsection.
55,9314
Section 9314.
Initial applicability; Financial Institutions.
(3f) Railroad property filings. The treatment of section 190.11 (1), (3), and (4) of the statutes first applies to filings made on the effective date of this subsection.
55,9318
Section 9318.
Initial applicability; Health Services.
(1) Funeral expenses aid; estate recovery and reduction for life insurance. The treatment of sections 49.682 (title), (1) (a), (2) (am), (bm) 1. and 2., and (c) (intro.), (3), (4) (a) and (b), and (5), 49.785 (1m) (d) and (2), 49.849 (1) (e), (2) (a) (intro.), 1., and 2., (3) (b) and (c) 5. and 6., (4) (b) (intro.) and (bm), and (7), 632.697, 705.04 (2g), 859.07 (2) (a) 3., 867.01 (3) (am) 4. and (d), 867.02 (2) (am) 6., and 867.03 (1g) (c), (1m) (a) and (b), and (2g) (b) of the statutes, the renumbering and amendment of sections 49.682 (1) (d) and 49.849 (1) (c) of the statutes, and the creation of sections 49.682 (1) (d) 2. and 49.849 (1) (c) 2. of the statutes first apply to individuals receiving funeral, burial, and cemetery expenses aid who die on the effective date of this subsection.
(1v) Lead-bearing paint; definitions and penalties. The treatment of sections 254.11 (8), 254.156, and 254.30 (2) (a) and (b) of the statutes first applies to violations of sections 254.11 to 254.178 of the statutes or rules promulgated or orders issued under those sections that occur on the effective date of this subsection.
(2) Dental reimbursement pilot project. The treatment of section 49.45 (24k) (a) of the statutes first applies to claims by dental services providers for services that are provided on the effective date of the waiver or plan amendment described in section 49.45 (24k) (b) of the statutes.
(3f) Qui tam claims for false claims for medical assistance.
