SB44: Bill Text

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 The department shall carry out any obligations under such a contract until the contract is modified or rescinded by the department to the extent allowed under the contract.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on the effective date of this subdivision remain in effect until their specified expiration date or until amended or repealed by the department.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on the effective date of this subdivision remain in effect until their specified expiration date or until modified or rescinded by the department.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.

SB44, s. 9154 Section 9154. Nonstatutory provisions; treasurer.

SB44,1097,20 (1) Transfer of the cash management functions of the office of the state treasurer.

SB44,1097,25 (a) Assets and liabilities. On July 1, 2004, all assets and liabilities of the office of the state treasurer relating to the performance of its cash management functions, other than its performance of such functions under section 25.50 and chapter 177 of the statutes, as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

SB44,1098,5 (b) Tangible personal property. On July 1, 2004, all tangible personal property, including records, of the office of the state treasurer relating to the performance of its cash management functions, other than its performance of such functions under section 25.50 and chapter 177 of the statutes, as determined by the secretary of administration, are transferred to the department of administration.

SB44,1098,13 (c) Contracts. All contracts entered into by the office of the state treasurer relating to the performance of its cash management functions, other than its performance of such functions under section 25.50 and chapter 177 of the statutes, as determined by the secretary of administration, which are in effect on July 1, 2004, remain in effect and are transferred to the department of administration on July 1, 2004. The department of administration shall carry out any such contractual obligations until modified or rescinded by the department of administration to the extent allowed under the contract.

SB44,1098,23 (d) Employee transfers and status. Before July 1, 2004, all incumbent employees holding positions in the office of the state treasurer who perform cash management functions, other than functions under section 25.50 and chapter 177 of the statutes, as determined by the secretary of administration, are transferred to the department of administration. The secretary shall determine the date on which each such employee is transferred. Employees transferred under this paragraph have all rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes that they enjoyed in the office of the state treasurer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class may be required to serve a probationary period.

SB44,1099,6 (e) Pending matters. Any matter pending with the office of the state treasurer relating to the performance of its cash management functions, other than its performance of such functions under section 25.50 and chapter 177 of the statutes, as determined by the secretary of administration, on July 1, 2004, is transferred to the department of administration on July 1, 2004, and all materials submitted to or actions taken by the office of the state treasurer with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

SB44, s. 9155 Section 9155. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Authority.

SB44, s. 9156 Section 9156. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Board.

SB44, s. 9157 Section 9157. Nonstatutory provisions; University of Wisconsin System.

SB44,1099,13 (1) University of Wisconsin System resident undergraduate tuition. Notwithstanding section 36.27 (1) (am) of the statutes, as affected by this act, the Board of Regents of the University of Wisconsin System may not increase academic fees for a resident undergraduate student enrolled at any of the following:

SB44,1099,18 (a) The University of Wisconsin-Madison or University of Wisconsin-Milwaukee by more than $350 a semester in the 2003-04 academic year over academic fees charged for the 2002-03 academic year and by more than $350 a semester in the 2004-05 academic year over academic fees charged for the 2003-04 academic year.

SB44,1099,22 (b) Any other University of Wisconsin System institution by more than $250 a semester in the 2003-04 academic year over academic fees charged for the 2002-03 academic year and by more than $250 a semester in the 2004-05 academic year over academic fees charged for the 2003-04 academic year.

SB44,1100,1 (2) Higher educational aids.

SB44,1100,6 (a) The authorized FTE positions for the Board of Regents of the University of Wisconsin System, funded from the appropriation under section 20.285 (3) (a) of the statutes, are increased by 1.36 GPR positions on the effective date of this paragraph for the purpose of administering higher educational aids under subchapter III of chapter 39 of the statutes, as affected by this act.

SB44,1100,11 (b) The authorized FTE positions for the Board of Regents of the University of Wisconsin System, funded from the appropriation under the section 20.285 (3) (qb) of the statutes, as affected by this act, are increased by 0.64 SEG position on the effective date of this paragraph for the purpose of administering higher educational aids under subchapter III of chapter 39 of the statues, as affected by this act.

SB44, s. 9158 Section 9158. Nonstatutory provisions; veterans affairs.

SB44,1100,24 (1) Educational stipend program; rules. If the department of veterans affairs develops a stipend program under section 45.365 (7) of the statutes, as created by this act, the department shall, using the procedure under section 227.24 of the statutes, promulgate the rule required under section 45.365 (7) of the statutes, as created by this act, for the period before the effective date of the permanent rule promulgated under section 45.365 (7) of the statutes, as created by this act, 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, s. 9159 Section 9159. Nonstatutory provisions; workforce development.

SB44,1101,6 (1) Rules related to income maintenance training. All rules of the department of workforce development that are primarily related to competency standards, including training requirements, for income maintenance workers and that are in effect on the effective date of this subsection are transferred to the department of health and family services and remain in effect until their specified expiration dates or until amended or repealed by the department of health and family services.

SB44,1101,10 (2) Community reinvestment funds. The department of workforce development may not pay to Wisconsin Works agencies any community reinvestment funds earned under contracts that were entered into under section 49.143 of the statutes and that had terms beginning on January 1, 2000, and ending on December 31, 2001.

SB44,1101,18 (3) Uses for other federal funding. The department of workforce development shall investigate ways in which federal funding other than Temporary Assistance for Needy Families block grants, including but not limited to Workforce Investment Act funding, may be used by the state to create a more seamless system of employment and education and training services for low-income adults in the state. The department of workforce development shall submit a report on the findings of its investigation to the department of administration no later than December 31, 2003.

SB44,1102,3 (4) Study on assistance with labor market participation. The department of workforce development shall conduct a study to determine the best ways to assist low-income custodial parents and other at-risk low-income adults in entering and successfully participating in the labor market. The department of workforce development is encouraged, in conducting the study, to consult with other state agencies, public and private organizations, and individuals with expertise in the subject area. The department of workforce development shall, no later than June 30, 2004, submit a report on the results of the study, including the department's findings and recommendations, to the legislature in the manner provided in section 13.172 (2) of the statutes and to the governor.

SB44,1102,4 (5) Consolidation of workforce investment appropriations.

SB44,1102,7 (a) The unencumbered balance in the appropriation account under section 20.445 (1) (ma), 2001 stats., is transferred to the appropriation account under section 20.445 (1) (m) of the statutes, as affected by this act.

SB44,1102,10 (b) The unencumbered balance in the appropriation account under section 20.445 (1) (mb), 2001 stats., is transferred to the appropriation account under section 20.445 (1) (m) of the statutes, as affected by this act.

SB44,1102,13 (c) The unencumbered balance in the appropriation account under section 20.445 (1) (mc), 2001 stats., is transferred to the appropriation account under section 20.445 (1) (m) of the statutes, as affected by this act.

SB44,1102,14 (6) Elimination of governor's work-based learning board.

SB44,1102,20 (a) Contracts. All contracts entered into by the governor's work-based learning board in effect on the effective date of this paragraph remain in effect and are transferred to the department of workforce development. The department of workforce development shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of workforce development to the extent allowed under the contract.

SB44,1103,2 (b) Rules and orders. All rules promulgated by the governor's work-based learning 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 workforce development. All orders issued by the governor's work-based learning 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 workforce development.

SB44,1103,8 (c) Pending matters. Any matter pending with the governor's work-based learning board on the effective date of this paragraph is transferred to the department of workforce development, and all materials submitted to or actions taken by the governor's work-based learning board with respect to the pending matter are considered as having been submitted to or taken by the department of workforce development.

SB44,1103,9 (7) Elimination of Wisconsin conservation corps.

SB44,1103,12 (a) Contracts. All contracts entered into by the Wisconsin conservation corps board in effect on the effective date of this paragraph remain in effect and are transferred to the department of workforce development.