SB44: Bill Text

SB44, s. 9137 Section 9137. Nonstatutory provisions; military affairs.

SB44, s. 9138 Section 9138. Nonstatutory provisions; natural resources.

SB44,1086,2 (1) Brownfields grant rules. The department of natural resources may use the procedure under section 227.24 of the statutes to promulgate rules under section 292.74 (3) of the statutes, as created by this act, for the period before the effective date of the permanent rules, but not to exceed the period authorized under section 227.24 (1) (c) and (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.

SB44,1086,6 (2) Outstanding brownfields grants. The department of natural resources shall oversee projects awarded grants under section 560.13, 2001 stats., for which funds have been encumbered but grants have not been paid on the effective date of this subsection.

SB44,1086,13 (3) Funding to maintain and develop historic sites. Notwithstanding section 20.370 (7) (fa) of the statutes, the requirements that the department of natural resources expend at least $150,000 in each fiscal year from the appropriation under section 20.370 (7) (fa) of the statutes for maintaining and developing historic sites and that the department of natural resources expend at least $10,000 of these amounts in each fiscal year for maintaining and developing Heritage Hill State Park do not apply in fiscal year 2003-04.

SB44, s. 9139 Section 9139. Nonstatutory provisions; personnel commission.

SB44,1086,15 (1) Abolition of personnel commission.

SB44,1086,16 (a) Assets and liabilities.

SB44,1086,20 1. On the effective date of this subdivision, all assets and liabilities of the personnel commission relating to the performance of its duties under section 230.45 (1) (a), (c), (d), and (e), 2001 stats., as determined by the secretary of administration, shall become the assets and liabilities of the employment relations commission.

SB44,1086,25 2. On the effective date of this subdivision, all assets and liabilities of the personnel commission relating to the performance of its duties under section 230.45 (1) (b), (g), (gm), (j), (k), (L), and (m), 2001 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of workforce development.

SB44,1087,1 (b) Tangible personal property.

SB44,1087,6 1. On the effective date of this subdivision, all tangible personal property, including records, of the personnel commission relating to the performance of its duties under section 230.45 (1) (a), (c), (d), and (e), 2001 stats., as determined by the secretary of administration, are transferred to the employment relations commission.

SB44,1087,11 2. On the effective date of this subdivision, all tangible personal property, including records, of the personnel commission relating to the performance of its duties under section 230.45 (1) (b), (g), (gm), (j), (k), (L), and (m), 2001 stats., as determined by the secretary of administration, are transferred to the department of workforce development.

SB44,1087,12 (c) Contracts.

SB44,1087,20 1. On the effective date of this subdivision, all contracts entered into by the personnel commission relating to the performance of its duties under section 230.45 (1) (a), (c), (d), and (e), 2001 stats., as determined by the secretary of administration, which are in effect on the effective date of this subdivision remain in effect and are transferred to the employment relations commission. The employment relations commission shall carry out any such contractual obligations until modified or rescinded by the employment relations commission to the extent allowed under the contract.

SB44,1088,3 2. On the effective date of this subdivision, all contracts entered into by the personnel commission relating to the performance of its duties under section 230.45 (1) (b), (g), (gm), (j), (k), (L), and (m), 2001 stats., as determined by the secretary of administration, which are in effect on the effective date of this subdivision remain in effect and are transferred to the department of workforce development. The department of workforce development shall carry out any such contractual obligations until modified or rescinded by the department of workforce development to the extent allowed under the contract.

SB44,1088,4 (d) Pending matters.

SB44,1088,10 1. On the effective date of this subdivision, any matter pending with the personnel commission relating to the performance of its duties under section 230.45 (1) (a), (c), (d), and (e), 2001 stats., is transferred to the employment relations commission, and all materials submitted to or actions taken by the personnel commission with respect to the pending matter are considered as having been submitted to or taken by the employment relations commission.

SB44,1088,16 2. On the effective date of this subdivision, any matter pending with the personnel commission relating to the performance of its duties under section 230.45 (1) (b), (g), (gm), (j), (k), (L), and (m), 2001 stats., is transferred to the department of workforce development, and all materials submitted to or actions taken by the personnel commission with respect to the pending matter are considered as having been submitted to or taken by the department of workforce development.

SB44,1088,17 (e) Rules and orders.

SB44,1088,23 1. All rules promulgated, and all orders issued, by the personnel commission that are in effect on the effective date of this subdivision and that relate to the performance of its duties under section 230.45 (1) (a), (c), (d), and (e), 2001 stats., remain in effect until their specified expiration date or until amended or repealed or modified or rescinded, whichever is appropriate, by the employment relations commission.

SB44,1089,4 2. All rules promulgated, and all orders issued, by the personnel commission that are in effect on the effective date of this subdivision and that relate to the performance of its duties under section 230.45 (1) (b), (g), (gm), (j), (k), (L), and (m), 2001 stats., remain in effect until their specified expiration date or until amended or repealed or modified or rescinded, whichever is appropriate, by the department of workforce development.

SB44, s. 9140 Section 9140. Nonstatutory provisions; public defender board.

SB44, s. 9141 Section 9141. Nonstatutory provisions; public instruction.

SB44,1089,7 (1) Transfer of educational technology programs.

SB44,1089,12 (a) The authorized FTE positions for the department of public instruction, funded from the appropriation under section 20.255 (1) (jr) of the statutes are increased by 0.5 PR position on the effective date of this subsection for the administration of technology for educational achievement programs under subchapter VIII of chapter 115 of the statutes, as created by this act.

SB44,1089,17 (b) The authorized FTE positions for the department of public instruction, funded from the appropriation under section 20.255 (4) (mp) of the statutes, as affected by this act, are increased by 0.5 FED position on the effective date of this subsection for the administration of technology for educational achievement programs under subchapter VIII of chapter 115 of the statutes, as created by this act.

SB44,1089,22 (c) The authorized FTE positions for the department of public instruction, funded from the appropriation under section 20.255 (4) (s) of the statutes, as affected by this act, are increased by 1.0 SEG position on the effective date of this subsection for the administration of technology for educational achievement programs under subchapter VIII of chapter 115 of the statutes, as created by this act.

SB44, s. 9142 Section 9142. Nonstatutory provisions; public lands, board of commissioners of.

SB44, s. 9143 Section 9143. Nonstatutory provisions; public service commission.

SB44,1090,2 (1) Abolishing the office of commissioner of railroads; transitional provisions.

SB44,1090,3 (a) Definitions. In this subsection:

SB44,1090,4 1. "Department" means the department of transportation.

SB44,1090,6 2. "Division" means the division of hearings and appeals in the department of administration.

SB44,1090,7 3. "Office" means the office of the commissioner of railroads.

SB44,1090,9 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office shall become the assets and liabilities of the department.

SB44,1090,10 (c) Staff.

SB44,1090,12 1. On the effective date of this subdivision, the position of the commissioner of railroads is abolished.

SB44,1090,15 2. On the effective date of this subdivision, the following 4.0 FTE PR positions and the incumbent employees, identified by the secretary of transportation, holding those positions in the office are transferred to the department:

SB44,1090,16 a. One program assistant position.

SB44,1090,17 b. Three regulation compliance investigator positions.

SB44,1090,23 3. Employees transferred under subdivision 2. to the department have all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department that they enjoyed in the office 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.

SB44,1091,3 4.  On the effective date of this subdivision, the remaining FTE PR positions of the office not transferred under subdivision 2 . or abolished under subdivision 1 . are deauthorized.

SB44,1091,6 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office is transferred to the department.

SB44,1091,10 (e)  Contracts. All contracts entered into by the office in effect on the effective date of this paragraph remain in effect and are transferred to the department. The department shall carry out any obligations under such a contract until the contract is modified or rescinded by the department to the extent allowed under the contract.

SB44,1091,11 (f)  Rules and orders.

SB44,1091,14 1. All rules promulgated by the office that are in effect on the effective date of this subdivision remain in effect until their specified expiration date or until amended or repealed by the department.

SB44,1091,17 2. All orders issued by the office that are in effect on the effective date of this subdivision remain in effect until their specified expiration date or until modified or rescinded by the department.

SB44,1091,21 (g) Pending matters. Any matter pending with the office on the effective date of this paragraph is transferred to the department and all materials submitted to or actions taken by the office with respect to the pending matter are considered as having been submitted to or taken by the department.

SB44,1092,2 (h) Department of administration to arbitrate disputes. In the case of disagreement between the secretary of transportation and the commissioner of railroads with respect to any matter specified in paragraph (d), (e ), (f), or (g), the department of administration shall determine the matter and shall develop a plan for an orderly transfer.

SB44, s. 9144 Section 9144. Nonstatutory provisions; regulation and licensing.

SB44, s. 9145 Section 9145. Nonstatutory provisions; revenue.

SB44,1092,8 (1) Tax appeals commissioner. All of the following apply to the tax appeals commission under section 15.105 (1) of the statutes, as affected by this act, and the office of the commissioner of tax appeals under section 15.105 (1m) of the statutes, as created by this act:

SB44,1092,11 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the tax appeals commission shall become the assets and liabilities of the office of the commissioner of tax appeals.

SB44,1092,14 (b) Employee transfers. All incumbent employees holding positions in the tax appeals commission are transferred on the effective date of this paragraph to the office of the commissioner of tax appeals.

SB44,1092,20 (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 office of the commissioner of tax appeals that they enjoyed in the tax appeals commission 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.

SB44,1092,23 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the tax appeals commission is transferred to the office of the commissioner of tax appeals.

SB44,1093,4 (e) Contracts. All contracts entered into by the tax appeals commission in effect on the effective date of this paragraph remain in effect and are transferred to the office of the commissioner of tax appeals. The office of the commissioner of tax appeals shall carry out any obligations under such a contract until the contract is modified or rescinded by the office of the commissioner of tax appeals to the extent allowed under the contract.

SB44,1093,11 (f) Rules and orders. All rules promulgated by the tax appeals commission 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 office of the commissioner of tax appeals. All orders issued by the tax appeals commission that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the office of the commissioner of tax appeals.

SB44,1093,16 (g) Pending matters. Any matter pending with the tax appeals commission on the effective date of this paragraph is transferred to the office of the commissioner of tax appeals, and all materials submitted to or actions taken by the tax appeals commission with respect to the pending matter are considered as having been submitted to or taken by the office of the commissioner of tax appeals.

SB44, s. 9146 Section 9146. Nonstatutory provisions; secretary of state.

SB44, s. 9147 Section 9147. Nonstatutory provisions; state fair park board.

SB44, s. 9148 Section 9148. Nonstatutory provisions; supreme court.

SB44, s. 9149 Section 9149. Nonstatutory provisions; technical college system.

SB44, s. 9150 Section 9150. Nonstatutory provisions; technology for educational achievement in Wisconsin board.

SB44,1093,23 (1) Transfer of duties from the technology for educational achievement in Wisconsin board.

SB44,1094,5 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the functions of the technology for educational achievement in Wisconsin board, as determined by the secretary of administration, shall become the assets and liabilities of the department of public instruction.

SB44,1094,10 (b) Outstanding loans. On the effective date of this paragraph, all loans made under section 44.72 (4) (b), 2001 stats., shall be assigned to the department of public instruction. The department of public instruction shall take all actions that are necessary for the effective assignment of those loans, including providing notification of that assignment to all persons liable for repayment of those loans.

SB44,1094,11 (c) Positions and employees.

SB44,1094,15 1. The authorized FTE positions for the technology for educational achievement in Wisconsin board, funded from the appropriation under section 20.275 (1) (a), 2001 stats., are decreased by 1.0 GPR position on the effective date of this subdivision for the purpose of eliminating that board.

SB44,1094,19 2. The authorized FTE positions for the technology for educational achievement in Wisconsin board, funded from the appropriation under section 20.275 (1) (g), 2001 stats., are decreased by .5 PR position on the effective date of this subdivision for the purpose of eliminating that board.

SB44,1094,23 3. The authorized FTE positions for the technology for educational achievement in Wisconsin board, funded from the appropriation under section 20.275 (1) (m), 2001 stats., are decreased by 0.5 FED position on the effective date of this subdivision for the purpose of eliminating that board.

SB44,1095,3 4. On the effective date of this subdivision, all incumbent employees holding the positions specified in subdivisions 1 ., 2., and 3. are transferred to the department of public instruction.

SB44,1095,9 (d) Employee status. Employees transferred under paragraph (c ) 4. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of public instruction that they enjoyed in the technology for educational achievement in Wisconsin board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no transferred employee who has attained permanent status in class is required to serve a probationary period.

SB44,1095,14 (e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to the functions of the technology for educational achievement in Wisconsin board, as determined by the secretary of administration, is transferred to the department of public instruction.

SB44,1095,15 (f) Contracts.

SB44,1095,20 1. All contracts entered into by the technology for educational achievement in Wisconsin board in effect on the effective date of this subdivision remain in effect and are transferred to the department of public instruction. The department of public instruction shall carry out any obligations under a transferred contract until the department of public instruction modifies or rescinds the contract.

SB44,1096,2 2. All contracts entered into by the department of administration in effect on the effective date of this subdivision that are primarily related to the functions of the technology for educational achievement in Wisconsin board, as determined by the secretary of administration, remain in effect and are transferred to the department of public instruction. The department of public instruction shall carry out any obligations under a transferred contract until the department of public instruction modifies or rescinds the contract.

SB44,1096,9 (g) Rules and orders. All rules promulgated by the technology for educational achievement in Wisconsin board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until the department of public instruction amends or repeals them. All orders issued by the technology for educational achievement in Wisconsin board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until the department of public instruction modifies or rescinds them.

SB44,1096,15 (h) Pending matters. Any matter pending with the technology for educational achievement in Wisconsin board on the effective date of this paragraph is transferred to the department of public instruction, and all materials submitted to or actions taken by the technology for educational achievement in Wisconsin board concerning the pending matter are considered to have been submitted to or taken by the department of public instruction.

SB44, s. 9151 Section 9151. Nonstatutory provisions; tobacco control board.

SB44,1096,17 (1) Elimination of the tobacco control board.

SB44,1096,20 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the tobacco control board shall become the assets and liabilities of the department of health and family services.

SB44,1096,21 (b) Contracts.

SB44,1097,2 1. All contracts entered into by the tobacco control board in effect on the effective date of this subdivision remain in effect and are transferred to the department of health and family services. The department of health and family services shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of health and family services to the extent allowed under the contract.

SB44,1097,9 2. All contracts entered into by the department of health and family services in effect on the effective date of this subdivision that are primarily related to the functions of the tobacco control board, as determined by the secretary of administration, remain in effect. The department of health and family services shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of health and family services to the extent allowed under the contract.

SB44,1097,15 (c) Rules and orders. All rules promulgated by the tobacco control board 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 health and family services. All orders issued by the tobacco control board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of health and family services.

SB44, s. 9152 Section 9152. Nonstatutory provisions; tourism.

SB44, s. 9153 Section 9153. Nonstatutory provisions; transportation.