Amendment ASA1-AB40

AB40-ASA1,1249,14 1. All rules promulgated for the office of justice assistance, except rules that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration, that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the department of justice. All orders issued by the office of justice assistance, except orders that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration, that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until modified or rescinded by the department of justice.

AB40-ASA1,1249,25 2. All rules promulgated for the office of justice assistance that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, and that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the department of military affairs. All orders issued by the office of justice assistance that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, and that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until modified or rescinded by the department of military affairs.

AB40-ASA1,1250,10 3. All rules promulgated for the office of justice assistance that are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, and that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the department of corrections. All orders issued by the office of justice assistance that are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, and that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until modified or rescinded by the department of corrections.

AB40-ASA1,1250,20 (2i) MacKenzie Environmental Education Center. The department of administration shall conduct a thorough review of the existing status and condition of the buildings, structures, and animal enclosures at the MacKenzie Environmental Education Center. The study shall include a description of the maintenance and repairs that are necessary for the buildings, structures, and animal enclosures with an estimate of the costs of doing the maintenance and repairs. After completing the study, the department of administration shall prepare a report detailing the findings of the study and shall submit the report to the joint committee on finance on a date that is no later than 90 days after the date the study is completed or on June 1, 2014, whichever is earlier.

AB40-ASA1,1250,21 (3c) 2013-15 executive branch state agency position reductions.

AB40-ASA1,1250,23 (a) In this subsection, "state agency" means an office, commission, department, independent agency, or board in the executive branch of state government.

AB40-ASA1,1251,3 (b) During the 2013-15 fiscal biennium, the secretary of administration shall eliminate 450.0 FTE positions in state agencies. No later than January 1, 2015, the secretary of administration shall submit a report to the joint committee on finance identifying the positions by state agency and by the appropriation account from which the positions are funded.

AB40-ASA1,1251,4 (3L) Study of public library systems.

AB40-ASA1,1251,7 (a) The department of administration, in consultation with the department of public instruction, shall conduct a study of public library systems in this state to identify the potential for savings by doing the following:

AB40-ASA1,1251,8 1. Consolidating systems.

AB40-ASA1,1251,9 2. Increasing the use of technology.

AB40-ASA1,1251,10 3. Reducing duplications and inefficiencies.

AB40-ASA1,1251,11 4. Utilizing lean production principles.

AB40-ASA1,1251,12 5. Increasing the sharing of services among library systems.

AB40-ASA1,1251,15 (b) By July 1, 2014, the department of administration shall submit a report of the study under paragraph (a) to the cochairpersons of the joint committee on finance.

AB40-ASA1,1251,17 (3s) Study concerning consolidation of the departments of safety and professional services and agriculture, trade and consumer protection.

AB40-ASA1,1251,22 (a) The department of administration shall conduct a study concerning the consolidation of the functions currently being performed by the departments of safety and professional services and agriculture, trade and consumer protection under a single new agency in the executive branch of state government, to be named the department of agriculture, regulation, and trade.

AB40-ASA1,1252,2 (b) In conducting the study under paragraph (a), the department of administration shall consult with the departments of safety and professional services and agriculture, trade and consumer protection and with the boards and councils attached to or under those agencies.

AB40-ASA1,1252,7 (c) In conducting the study under paragraph (a), the department of administration shall consult members of the public who may be affected by the consolidation of the departments of safety and professional services and agriculture, trade and consumer protection and the creation of the department of agriculture, regulation, and trade.

AB40-ASA1,1252,15 (d) No later than January 1, 2014, the department of administration shall submit a report of its findings from the study conducted under paragraph (a) to the joint committee on finance and, in the manner provided under section 13.172 (3) of the statutes, to the appropriate standing committees of the legislature. That report shall set forth the department of administration's recommendations concerning the proposed consolidation described under paragraph (a). If the department recommends consolidation, the report shall include the department's recommendations concerning all of the following:

AB40-ASA1,1252,17 1. The organizational structure, programmatic functions, and performance objectives of the department of agriculture, regulation, and trade.

AB40-ASA1,1252,20 2. Any reduction in staff that may be accomplished as a result of the consolidation of the departments of safety and professional services and agriculture, trade and consumer protection.

AB40-ASA1,1252,23 3. Any board or council that may be eliminated as a result of the consolidation of the departments of safety and professional services and agriculture, trade and consumer protection.

AB40-ASA1,1253,3 4. Any adjustment to credentialing fees that may be appropriate and the capability of revenue from credentialing fees to support the operations of the department of agriculture, regulation, and trade.

AB40-ASA1,1253,7 5. Any function of or program under the departments of safety and professional services and agriculture, trade and consumer protection that should be transferred to an agency other than the newly created department of agriculture, regulation, and trade.

AB40-ASA1,1253,9 6. Any way to improve the services to be provided by the department of agriculture, regulation, and trade.

AB40-ASA1,1253,13 (e) If the department of administration recommends consolidation in its report under paragraph (d), the department shall also submit with that report draft legislation that implements, effective July 1, 2015, the department's recommendations made in the report.

AB40-ASA1,1253,18 (3u) Position elimination report. (a) Not later than January 1, 2014, the department of administration shall submit a report to the cochairpersons of the joint committee on finance that identifies the funding source for, and recommends the appropriation to be decreased with regard to, each of the following FTE positions to be eliminated in the department of natural resources:

AB40-ASA1,1253,19 1. 7.8 GPR positions.

AB40-ASA1,1253,20 2. 9.1 FED positions.

AB40-ASA1,1253,21 3. 4.0 PR positions.

AB40-ASA1,1253,22 4. 11.2 SEG positions.

AB40-ASA1,1254,7 (b) If the cochairpersons of the joint committee on finance do not notify the department of administration that the committee has scheduled a meeting for the purpose of reviewing the report under paragraph (a) within 14 working days after the day on which the report is submitted, the positions shall be eliminated and the appropriations shall be decreased in the manner specified in the report. If, within 14 working days after the day on which the report is submitted, the cochairpersons of the committee notify the department of administration that the committee has scheduled a meeting for the purpose of reviewing the report, no position identified in the report may be eliminated and no appropriation may be decreased with regard to that position without the approval of the committee.

AB40-ASA1,1254,15 (4q) Assistance to local governments for efficiency initiatives. Under section 16.08 of the statutes, as created by this act, if a local governmental unit established a lean program before August 1, 2013, or the effective date of this subsection, whichever is later, a business that provides services to a local governmental unit for that lean program on or after August 1, 2013, or the effective date of this subsection, whichever is later, is eligible to receive a payment from the department of administration under section 16.08 (3) of the statutes, as created by this act, for the cost of the services.

AB40-ASA1,9102 Section 9102. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

AB40-ASA1,1254,17 (1e) Grain inspection funding.

AB40-ASA1,1255,3 (a) Plan. The department of agriculture, trade and consumer protection shall develop a plan to transfer, by December 31, 2013, an amount equal to the amount by which the accumulated expenses for the inspection and certification of grain under section 93.06 (1m) of the statutes have exceeded the accumulated revenues from conducting that inspection and certification as of June 30, 2013, from the unencumbered balances of program revenue appropriations to the department and of the agrichemical management and agricultural chemical cleanup funds to the appropriation account under section 20.115 (1) (h) of the statutes. The department shall submit the plan to the joint committee on finance no later than November 15, 2013.

AB40-ASA1,1255,12 (b) Transfer. If the cochairpersons of the joint committee on finance do not notify the department of agriculture, trade and consumer protection that the committee has scheduled a meeting for the purpose of reviewing the plan submitted under paragraph (a) within 14 working days after the day on which the plan is submitted, the department shall implement the plan. If, within 14 days after the day on which 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 only make a transfer to the appropriation account under section 20.115 (1) (h) upon approval by the committee.

AB40-ASA1,9103 Section 9103. Nonstatutory provisions; Arts Board.

AB40-ASA1,9104 Section 9104. Nonstatutory provisions; Building Commission.

AB40-ASA1,1273,1 (1) 2013-15 Authorized State Building Program. For the fiscal years beginning on July 1, 2013, and ending on June 30, 2015, the Authorized State Building Program is as follows: - See PDF for table

AB40-ASA1,1274,4 (2) 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 2013-15 fiscal biennium.

AB40-ASA1,1274,9 (3) Loans. During the 2013-15 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-ASA1,1274,17 (5) Family justice center. Notwithstanding section 13.48 (39i) (b) of the statutes, as created by this act, the building commission shall not make a grant to the Children's Hospital of Wisconsin for the construction of a facility, as enumerated in subsection (1) (i), under section 13.48 (39i) 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 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-ASA1,1275,6 (6) Domestic Abuse Intervention Services, Inc. Notwithstanding section 13.48 (39j) (b) of the statutes, as created by this act, the building commission shall not make a grant to Domestic Abuse Intervention Services, Inc., for the construction and remodel of a facility, as enumerated in subsection (1) (j), under section 13.48 (39j) 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 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-ASA1,1275,15 (7) Medical College of Wisconsin; community medical education facilities. Notwithstanding section 13.48 (39k) (b) of the statutes, as created by this act, the building commission shall not make a grant to the Medical College of Wisconsin for the remodel, development, and renovation of the facilities, as enumerated in subsection (1) (L), under section 13.48 (39k) 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 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-ASA1,1275,23 (8) Dane County; livestock facilities. Notwithstanding section 13.48 (39L) (b) of the statutes, as created by this act, the building commission shall not make a grant to Dane County for the construction of facilities, as enumerated in subsection (1) (h), under section 13.48 (39L) 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 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-ASA1,1276,6 (9) K I Convention Center. Notwithstanding section 13.48 (39m) (b) of the statutes, as created by this act, the building commission shall not make a grant to the city of Green Bay for the expansion of the facility, as enumerated in subsection (1) (k), under section 13.48 (39m) 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 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-ASA1,1276,15 (10) Norskedalen Nature and Heritage Center. Notwithstanding section 13.48 (39o) (b) of the statutes, as created by this act, the building commission shall not make a grant to the Norskedalen Nature and Heritage Center for the development of the site, as enumerated in subsection (1) (m), under section 13.48 (39o) 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 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-ASA1,1276,24 (11) Wisconsin Maritime Center of Excellence. Notwithstanding section 13.48 (39n) (b) of the statutes, as created by this act, the building commission shall not make a grant to the Marinette County Association for Business and Industry, Inc., for the construction of the facility, as enumerated in subsection (1) (n), under section 13.48 (39n) 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 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-ASA1,1277,11 (11i) Reduction in general obligation bonding authority in the 2007-09 and 2013-15 authorized state building programs. Notwithstanding the projects and financing authority enumerated in subsection (1) and in 2007 Wisconsin Act 20, section 9105 (1) (a) 2., as affected by this act, the building commission shall not issue $250,000,000 in general obligation bonding enumerated for the 2007-09 and 2013-15 fiscal biennia. To implement this reduction, the building commission may reduce funding for any project, modify the scope of any project, or eliminate any project altogether, except that the reduction for the 2007-09 fiscal biennium may be made only from the increased financing authority for the state transportation building project enumerated in 2007 Wisconsin Act 20, section 9105 (1) (a) 2., as affected by this act.

AB40-ASA1,9105 Section 9105. Nonstatutory provisions; Child Abuse and Neglect Prevention Board.

AB40-ASA1,9106 Section 9106. Nonstatutory provisions; Children and Families.

AB40-ASA1,1277,14 (1e) Office of the inspector general.

AB40-ASA1,1277,15 (a) In this subsection:

AB40-ASA1,1277,16 1. "Department" means the department of children and families.

AB40-ASA1,1277,17 2. "Office" means the office of the inspector general in the department.

AB40-ASA1,1278,4 (b) The department shall prepare a plan for the structure, implementation, and operation of the office, the purpose of which is to conduct fraud prevention, program integrity, and audit activities for all programs administered by the department, including the Bureau of Milwaukee Child Welfare. In staffing the office, existing positions in the department with the primary responsibility of fraud prevention, program integrity, or audit activities must be assigned to the office. In preparing the plan, the department shall consult with the department of health services regarding the best practices for creating and implementing the office, including how the department could structure the office to ensure that the program integrity positions are involved in and updated on program changes. The plan must include all of the following:

AB40-ASA1,1278,7 1. Details, including before and after organization charts, on how the department will reorganize and consolidate positions and funding to create the office.

AB40-ASA1,1278,10 2. A listing of the department's current positions that would be included in the office, along with the funding amount, funding source, and department program associated with each position.

AB40-ASA1,1278,12 3. Details on how the office will interact with program staff to report, investigate, respond to, and prevent fraud in the department's programs.

AB40-ASA1,1278,13 4. A timeline of when the changes would be implemented.

AB40-ASA1,1278,14 5. New appropriations that would fund only the costs associated with the office.

AB40-ASA1,1278,25 (c) No later than January 1, 2014, the department shall submit the plan under paragraph (b) to the joint committee on finance and request funding from the committee's general purpose revenue funds general program supplementation appropriation. If the cochairpersons of the committee do not notify the department within 14 working days after the date that the department submits the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented and the department shall receive the requested funding. If, within 14 working days after the date that the department submits the plan, the cochairpersons notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented, and funding will be received, only upon approval of the committee.

AB40-ASA1,1279,16 (1q) Concerns of 5-star child care providers. By September 30, 2013, the department of children and families shall convene a meeting of all child care providers who have received a 5-star rating, as described in the quality rating plan, as defined in section 49.155 (6) (e) 1. of the statutes, and who receive payment under section 49.155 of the statutes for providing care for more than 50 children. At that meeting, the department of children and families shall hear the concerns of those child care providers about the child care quality rating system under section 48.659 of the statutes, the payment rates for child care services provided under section 49.155 of the statutes, and any other issues that are of concern to those child care providers. Following the meeting, the department of children and families shall summarize those concerns and make recommendations to address those concerns and, by January 31, 2014, shall submit a report of those concerns and recommendations to the joint committee on finance. If the joint committee on finance requests or requires the department of children and families to provide a quarterly report on the status of the quality rating plan, that department may include the report under this subsection in the quarterly report for the 4th quarter of 2013.

AB40-ASA1,9107 Section 9107. Nonstatutory provisions; Circuit Courts.

AB40-ASA1,9108 Section 9108. Nonstatutory provisions; Corrections.

AB40-ASA1,1279,19 (1L) Pilot program for prisoners; prerelease.

AB40-ASA1,1279,20 (a) In this subsection:

AB40-ASA1,1279,21 1. "Department" means the department of corrections.

AB40-ASA1,1279,23 2. "Pilot period" means the period beginning on the date on which the program is established and ending 2 years after that date.

AB40-ASA1,1279,24 3. "Program" means the program established under paragraph (b).

AB40-ASA1,1280,3 (b) From the appropriation under section 20.410 (1) (ki) of the statutes, the department shall establish a program in 2 correctional institutions for the pilot period. The program shall:

AB40-ASA1,1280,7 1. Require the department to enter into a contract for the services of Freedom Life Skills, Inc., a private, nonprofit organization that teaches life skills and character development to inmates who will be released to parole or to extended supervision.

AB40-ASA1,1280,10 2. Provide a total of 96 inmates with no fewer than 30 prerelease participation sessions and 78 weeks of postrelease accountability and support sessions that are led by a person trained by Freedom Life Skills, Inc., or Life Skills International.

AB40-ASA1,1280,12 3. Follow a curriculum established by Freedom Life Skills, Inc., or Life Skills International.

AB40-ASA1,1280,18 (c) At the end of the pilot period, the department shall prepare a report for submission to the joint committee on finance and the appropriate standing committees of the legislature under section 13.172 (3) of the statutes. The report shall include an evaluation of the effectiveness of the program on reducing disciplinary actions against participants and recidivism rates among persons who are released to extended supervision or to parole after participating in the program.

AB40-ASA1,9109 Section 9109. Nonstatutory provisions; Court of Appeals.

AB40-ASA1,9110 Section 9110. Nonstatutory provisions; District Attorneys.

AB40-ASA1,9111 Section 9111. Nonstatutory provisions; Educational Communications Board.

AB40-ASA1,9112 Section 9112. Nonstatutory provisions; Employee Trust Funds.

AB40-ASA1,1280,23 (1) Position authorizations for the department of employee trust funds.

AB40-ASA1,1281,15 (a) Before July 1, 2019, the secretary of employee trust funds may request the governor to create or abolish a full-time equivalent position or portion thereof that is funded from revenues deposited in the public employee trust fund if the employee holding the position would perform duties relating to modernizing business processes or integrating information technology systems of the department of employee trust funds. Upon receiving such a request, the governor may approve or modify the request. If the governor proposes to approve or modify the request, the governor shall notify the joint committee on finance in writing of his or her proposed action. If, within 14 working days after the date of the governor's notification, the cochairpersons of the committee do not notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the position changes may be made as proposed by the governor. If the cochairpersons notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the position changes may be made only upon approval of the committee.

AB40-ASA1,1281,19 (b) If a full-time equivalent position or portion thereof is created under paragraph (a), the appropriation that is used to pay salary and fringe benefit costs for the position is supplemented to cover the salary and fringe benefit costs for the position.

AB40-ASA1,1281,25 (2) Surcharge for health insurance for use of tobacco products. During 2014 and 2015, the group insurance board, under section 40.03 (6) (cm) of the statutes, as created by this act, shall impose a premium surcharge of $50 a month for health care coverage under sections 40.51 (6) and 40.515 of the statutes, as affected by this act, for eligible employees, as defined in section 40.02 (25) of the statutes, who use tobacco products.

AB40-ASA1,1282,10 (3L) Promulgation of emergency rules for reestablished accounts. The secretary of employee trust funds may use the procedure under section 227.24 of the statutes to promulgate rules under section 40.26 of the statutes, as affected by this act, 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 secretary 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.

AB40-ASA1,1282,11 (3q) Study of options relating to state employee health insurance coverage.

AB40-ASA1,1282,13 (a) The secretary of employee trust funds and the director of the office of state employment relations shall study the feasibility of all of the following:

AB40-ASA1,1282,16 1. Excluding from health care coverage under subchapter IV of chapter 40 of the statutes the spouses and domestic partners of state employees who are eligible to receive health care coverage through their own employers.