Amendment ASA1-AB40

AB40-ASA1,1398,20 977.02 (3) (c) Subject to par. (d), treat income as available to the person to pay the costs of legal representation only if the gross income exceeds the income limitations in s. 49.145 (3) (b) 115 percent of the federal poverty guideline, as defined in 42 USC 9902 (2) (2011). In calculating gross income under this paragraph, the representative of the state public defender shall include all earned and unearned income of the person, except any amount received under section 32 of the Internal Revenue Code, as defined in s. 71.01 (6), any amount received under s. 71.07 (9e), any payment made by an employer under section 3507 of the Internal Revenue Code, as defined in s. 71.01 (6), any student financial aid received under any federal or state program, any scholarship used for tuition and books, and any assistance received under s. 49.148. In determining the earned and unearned income of the individual, the representative of the state public defender may not include income earned by a dependent child of the person.

AB40-ASA1, s. 3560 Section 3560. 977.05 (4) (jm) of the statutes is amended to read:

AB40-ASA1,1399,2 977.05 (4) (jm) At the request of an inmate determined by the state public defender to be indigent or upon referral of the department of corrections a court under s. 302.1135 (10) 302.113 (9g) (j), represent the inmate in proceedings for modification of a bifurcated sentence under s. 302.1135 before the earned release review commission 302.113 (9g) before a program review committee and the sentencing court, if the state public defender determines the case should be pursued.

AB40-ASA1, s. 3561 Section 3561. 978.05 (6) (b) of the statutes is amended to read:

AB40-ASA1,1399,6 978.05 (6) (b) Enforce the provisions of all general orders of the department of commerce safety and professional services relating to the sale, transportation and storage of explosives.

AB40-ASA1, s. 3562 Section 3562. 990.01 (7g) of the statutes is amended to read:

AB40-ASA1,1399,9 990.01 (7g) Fire chief. "Fire chief" or "chief of a fire department" includes the chief of a department under s. 60.553, 61.66, or 62.13 (2e).

AB40-ASA1, s. 3563 Section 3563. 990.01 (7m) of the statutes is amended to read:

AB40-ASA1,1399,12 990.01 (7m) Fire department. "Fire department" includes a department under s. 60.553, 61.66, or 62.13 (2e).

AB40-ASA1, s. 3564 Section 3564. 990.01 (7r) of the statutes is amended to read:

AB40-ASA1,1399,15 990.01 (7r) Fire fighter. "Fire fighter" includes a person serving under s. 60.553, 61.66, or 62.13 (2e).

AB40-ASA1, s. 3565 Section 3565. 990.01 (28g) of the statutes is amended to read:

AB40-ASA1,1399,18 990.01 (28g) Police chief. "Police chief" or "chief of a police department" includes the chief of a department under s. 60.553, 61.66, or 62.13 (2e).

AB40-ASA1, s. 3566 Section 3566. 990.01 (28m) of the statutes is amended to read:

AB40-ASA1,1399,21 990.01 (28m) Police department. "Police department" includes a department under s. 60.553, 61.66, or 62.13 (2e).

AB40-ASA1, s. 3567 Section 3567. 990.01 (28r) of the statutes is amended to read:

AB40-ASA1,1399,24 990.01 (28r) Police officer. "Police officer" includes a person serving under s. 60.553, 61.66, or 62.13 (2e).

AB40-ASA1, s. 3567g Section 3567g. 995.30 of the statutes is created to read:

AB40-ASA1,1400,4 995.30 Ronald W. Reagan Day. February 6 is designated as Ronald W. Reagan Day. Appropriate exercises and celebrations may be held on that day, his birthday, to honor him and remember him as the 40th President of the United States and a promoter of freedom and democracy throughout the world.

AB40-ASA1, s. 3567m Section 3567m. 2009 Wisconsin Act 28, section 9150 (1) is repealed.

AB40-ASA1, s. 3567o Section 3567o. 2005 Wisconsin Act 25, section 9101 (4) (b) and (c), as last amended by 2009 Wisconsin Act 28, section 3406, is repealed.

AB40-ASA1, s. 3567p Section 3567p. 2009 Wisconsin Act 15, section 31 (1) (e) is repealed.

AB40-ASA1, s. 3568 Section 3568. 2009 Wisconsin Act 333, section 20 (2) is amended to read:

AB40-ASA1,1400,19 [2009 Wisconsin Act 333] Section 20 (2) Publish notice in the Wisconsin Administrative Register that funding is not available. If, after making the determination under subsection (1m), the department of children and families determines that federal moneys from the Temporary Assistance for Needy Families Emergency Fund under the American Recovery and Reinvestment Act of 2009 are no longer available to support an expansion of trial jobs under section 49.147 (3) of the statutes, as affected by this act, and the project under section 49.162 of the statutes, as affected by this act, the department shall publish a notice in the Wisconsin Administrative Register that states the date on which the federal moneys may no longer be obtained.

AB40-ASA1, s. 3569 Section 3569. 2009 Wisconsin Act 333, section 20 (5) is amended to read:

AB40-ASA1,1400,25 [2009 Wisconsin Act 333] Section 20 (5) Additional funding for programs. If any other federal funding becomes available for the programs program under sections section 49.147 (3) and 49.162 of the statutes, as affected by this act, the department of children and families shall take any actions that may be necessary to obtain the funding and use it for those programs that program.

AB40-ASA1, s. 3570 Section 3570. 2009 Wisconsin Act 333, section 22 (2) is amended to read:

AB40-ASA1,1401,6 [2009 Wisconsin Act 333] Section 22 (2) The repeal of sections section 49.147 (3) (cm) and (dm) and 49.162 (3) (am) and (d) of the statutes and the amendment of sections section 49.147 (3) (a) (by Section 4) and 49.162 (3) (a) (by Section 10) of the statutes take effect on the date stated in the notice published by the department of children and families under Section 20 (2) of this act.

AB40-ASA1, s. 9101 Section 9101. Nonstatutory provisions; Administration.

AB40-ASA1,1401,8 (1) Youth diversion grant reductions.

AB40-ASA1,1401,12 (a) Notwithstanding the amount specified under section 16.964 (8) (a) of the statutes, the office of justice assistance in the department of administration shall reduce the amount of money allocated under section 16.964 (8) (a) of the statutes by $85,900 in each of fiscal years 2011-12 and 2012-13.

AB40-ASA1,1401,16 (b) Notwithstanding the amount specified under section 16.964 (8) (b) of the statutes, the office of justice assistance in the department of administration shall reduce the amount of money distributed under section 16.964 (8) (b) of the statutes by $18,400 in each of fiscal years 2011-12 and 2012-13.

AB40-ASA1,1401,24 (c) Notwithstanding the amounts specified under section 16.964 (8) (c) of the statutes, the office of justice assistance in the department of administration shall reduce the amount of money allocated for each of the 4 contracts that are funded with moneys from the appropriation accounts under section 20.505 (6) (d) and (kj) of the statutes by $25,650 in each of fiscal years 2011-12 and 2012-13 and shall reduce the amount of money allocated for the contract that is funded only with moneys from the appropriation account under section 20.505 (6) (kj) of the statutes by $18,100 in each of fiscal years 2011-12 and 2012-13.

AB40-ASA1,1402,6 (1u) Energy efficiency study of state-owned buildings. The department of administration shall conduct a study concerning the feasibility of installing energy-efficient heating, ventilating, and air conditioning systems in state-owned buildings to conserve energy and save money. The department shall report its findings and recommendations to the members of the joint committee on finance no later than December 1, 2011.

AB40-ASA1,1402,14 (2) Literacy initiative; governor's task force. A task force created by the governor by executive order and charged with developing detailed recommendations for a program to assess and improve literacy in elementary school children may request the department of administration to release funding from the department's appropriation account under section 20.505 (4) (c) of the statutes, as created by this act, for use by the department to implement the recommendations of the task force after the governor has approved the detailed recommendations proposed by the task force.

AB40-ASA1,1403,5 (2u) Cost-benefit analysis for Veterans Home at Chippewa Falls. Notwithstanding section 16.705 (1p) of the statutes, as created by this act, the department of administration shall conduct a cost-benefit analysis on the initial contract for the operation and staffing of the Veterans Home at Chippewa Falls as provided by section 45.50 (2m) (c) of the statutes, as created by this act. The analysis shall be a comprehensive study to identify and compare the total cost, quality, technical expertise, and timeliness of a service performed by state employees and resources with the total cost, quality, technical expertise, and timeliness of the same service obtained by means of a contract for contractual services. The department of administration shall submit the results of the cost-benefit analysis to the joint committee on finance by February 1, 2012, or before the department of veterans affairs enters into the initial contract for the operation and staffing of the home, whichever occurs first. The contract entered into must contain a performance guarantee requirement that states that, during the contract period, the Wisconsin Veterans Home at Chippewa Falls must maintain an overall star rating that is at least equal to four stars.

AB40-ASA1,1403,6 (3) Elimination of office of the Wisconsin Covenant Scholars Program.

AB40-ASA1,1403,9 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of the Wisconsin Covenant Scholars Program shall become the assets and liabilities of the higher educational aids board.

AB40-ASA1,1403,12 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of the Wisconsin Covenant Scholars Program is transferred to the higher educational aids board.

AB40-ASA1,1403,18 (c) Contracts. All contracts entered into by the office of the Wisconsin Covenant Scholars Program in effect on the effective date of this paragraph remain in effect and are transferred to the higher educational aids board. The higher educational aids board shall carry out any obligations under such a contract until the contract is modified or rescinded by the higher educational aids board to the extent allowed under the contract.

AB40-ASA1,1403,25 (d) Rules and orders. All rules promulgated by the office of the Wisconsin Covenant Scholars Program 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 higher educational aids board. All orders issued by the office of the Wisconsin Covenant Scholars Program 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 higher educational aids board.

AB40-ASA1,1404,6 (e) Pending matters. Any matter pending with the office of the Wisconsin Covenant Scholars Program on the effective date of this paragraph is transferred to the higher educational aids board and all materials submitted to or actions taken by the office of the Wisconsin Covenant Scholars Program with respect to the pending matter are considered as having been submitted to or taken by the higher educational aids board.

AB40-ASA1,1404,9 (3i) Community partnerships. By January 10, 2012, the department of administration shall submit to the joint committee on finance for the approval of that committee under section 13.10 of the statutes a plan that includes all of the following:

AB40-ASA1,1404,15 (a) A plan prepared by the department of public instruction for providing funding to community-based nongovernmental organizations for the establishment of partnerships with local school districts that center on those organizations providing advocacy for students and serving as liaison between families and staff of those school districts with the goal of improving educational outcomes and promoting and teaching greater self-sufficiency.

AB40-ASA1,1404,21 (b) A plan prepared by the department of children and families for providing funding to community-based nongovernmental organizations for the establishment of partnerships with agencies that license foster homes that center on those organizations providing advocacy for children and serving as liaison between families and staff of those agencies with the goal of improving educational outcomes and promoting and teaching greater self-sufficiency.

AB40-ASA1,1405,2 (4j) Drug offender diversion surcharge fund. The department of administration shall submit a plan to the joint committee on finance as to how the department will reduce state appropriations by $1,917,900 over the 2011-2013 fiscal biennium and lapse the associated funding to the general fund to eliminate the deficit in the drug offender diversion surcharge fund.

AB40-ASA1,1405,3 (4q) Transfer of human resources positions.

AB40-ASA1,1405,10 (a) The secretary of administration shall identify 2.0 FTE PR positions in the department of administration having responsibility for human resources functions. On the effective date of this subsection, one of the positions so identified, as determined by the secretary, is transferred to the state fair park board and the other of the positions so identified is transferred to the department of regulation and licensing and the incumbent employees in those positions are transferred to the state fair park board and the department of regulation and licensing, respectively.

AB40-ASA1,1405,16 (b) Employees transferred under paragraph (a) have all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the state fair park board and the department of regulation and licensing that they enjoyed in the department of administration 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.

AB40-ASA1,1405,21 (5q) State building and lease back study. The department of administration shall study the feasibility of instituting a program for private construction of buildings for the purpose of leasing those buildings to the state. The department shall report its findings and recommendations to the members of the joint committee on finance no later than December 1, 2011.

AB40-ASA1, s. 9102 Section 9102. Nonstatutory provisions; Aging and Long-Term Care Board.

AB40-ASA1, s. 9103 Section 9103. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

AB40-ASA1,1406,10 (1i) Evaluation of purchase of agricultural conservation easement program. The department of agriculture, trade and consumer protection shall evaluate the program for the purchase of agricultural conservation easements under section 93.73 of the statutes, including the administration of the program, the source of funding for the program, state financial participation, and the amount of local matching funds required. The department shall include in its evaluation options for a replacement program that would be less costly and more efficient in preserving farmland. The department shall report its findings from the evaluation no later than June 30, 2012, to the joint committee on finance and to the standing committees in each house of the legislature with responsibility for agricultural matters.

AB40-ASA1,1406,14 (2i) Farmland preservation conversion fees. If a political subdivision collected conversion fees under section 91.48 (1) (b), 2009 stats., for land rezoned in 2011, the political subdivision shall retain the fees and use them for farmland preservation planning, zoning, and compliance monitoring.

AB40-ASA1,1406,20 "(2u) Condition of segregated funds. The department of agriculture, trade and consumer protection shall study and evaluate the condition of the agricultural chemical cleanup fund and of the agrichemical management fund and make recommendations to correct any structural imbalances that cause authorized expenditures to exceed annual revenues of the funds. The department shall submit its findings to the joint committee on finance no later than December 31, 2011.

AB40-ASA1,1407,2 (3q) Grain inspection program report. No later than January 1, 2012, the department of agriculture, trade and consumer protection shall report to the joint committee on finance on specific actions taken or administrative efforts planned to ensure that expenditures for grain inspection under s. 93.06 (1m) do not exceed program revenues and to eliminate any amount by which accumulated expenses have exceeded accumulated program revenues.

AB40-ASA1, s. 9104 Section 9104. Nonstatutory provisions; Arts Board.

AB40-ASA1,1407,11 (1) Elimination of Percent for Art Program. Notwithstanding the repeal of section 44.57 (4) and (5) (a) and (b) of the statutes by this act, any contract entered into by the arts board under section 44.57 (4), 2009 stats., for the procurement of a work of art that is in effect on the day before the effective date of this subsection remains in effect. The arts board shall carry out any obligation under the contract, unless the contract is modified or rescinded as permitted under the contract, and shall ensure that the work of art procured under the contract is properly executed and installed as required under section 44.57 (5) (a) and (b), 2009 stats.

AB40-ASA1,1407,12 (2) Placement of arts board in department of tourism.

AB40-ASA1,1407,16 (a) Employee transfers. The incumbent executive secretary of the arts board and all incumbent employees holding positions in the arts board that are primarily related to grants administration, as determined by the secretary of administration, are transferred on the effective of this paragraph to the department of tourism.

AB40-ASA1,1407,22 (b) Employee status. 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 tourism that they enjoyed in the arts board 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.

AB40-ASA1, s. 9105 Section 9105. Nonstatutory provisions; Board for People with Developmental Disabilities.

AB40-ASA1, s. 9106 Section 9106. Nonstatutory provisions; Building Commission.

AB40-ASA1,1425,1 (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

AB40-ASA1,1425,2 (2) 2009-11 Authorized State Building Program deletions.

AB40-ASA1,1426,2 (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.

AB40-ASA1,1426,6 (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.

AB40-ASA1,1426,10 (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.

AB40-ASA1,1426,14 (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.

AB40-ASA1,1426,19 (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).

AB40-ASA1,1426,23 (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.

AB40-ASA1,1427,2 (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.

AB40-ASA1,1427,11 (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.

AB40-ASA1,1427,20 (8) National Soldiers Home Historic District. Notwithstanding section 13.48 (40p) (b) of the statutes, as created by this act, the building commission shall not make a grant to Soldiers Home Foundation, Inc., for construction or restoration of veterans facilities, as enumerated in subsection (1) (m), under section 13.48 (40p) 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.

AB40-ASA1,1428,2 (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.

AB40-ASA1, s. 9107 Section 9107. Nonstatutory provisions; Child Abuse and Neglect Prevention Board.

AB40-ASA1, s. 9108 Section 9108. Nonstatutory provisions; Children and Families.

AB40-ASA1,1428,5 (1) Client Assistance for Reemployment and Economic Support.

AB40-ASA1,1428,11 (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.

AB40-ASA1,1428,17 (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.

AB40-ASA1,1428,18 (1u) Subsidized guardianships.

AB40-ASA1,1429,2 (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.

AB40-ASA1,1429,8 (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.

AB40-ASA1,1429,9 (1v) Child care automated attendance tracking system.

AB40-ASA1,1429,14 (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).

AB40-ASA1,1430,6 (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.

AB40-ASA1,1430,14 (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.

AB40-ASA1,1430,19 (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.

AB40-ASA1,1430,20 (2i) Distribution of child support incentive payments.