SB40: Bill Text

SB40, s. 1 Section 1. 6.47 (1) (ag) of the statutes is amended to read:

SB40,62,5 6.47 (1) (ag) "Domestic abuse victim service provider" means an organization that is certified by the department of health and family services children and families as eligible to receive grants under s. 46.95 49.165 (2) and whose name is included on the list provided by the board under s. 7.08 (10).

SB40, s. 2 Section 2. 7.08 (10) of the statutes is amended to read:

SB40,62,10 7.08 (10) Domestic abuse and sexual assault service providers. Provide to each municipal clerk, on a continuous basis, the names and addresses of organizations that are certified under s. 46.95 49.165 (4) or 165.93 (4) to provide services to victims of domestic abuse or sexual assault.

SB40, s. 3 Section 3. 7.33 (4) of the statutes is amended to read:

SB40,63,5 7.33 (4) Except as otherwise provided in this subsection, each local governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon proper application under sub. (3), permit each of its employees to serve as an election official under s. 7.30 without loss of fringe benefits or seniority privileges earned for scheduled working hours during the period specified in sub. (3), without loss of pay for scheduled working hours during the period specified in sub. (3) except as provided in sub. (5), and without any other penalty. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

SB40, s. 4 Section 4. 13.101 (6) (a) of the statutes is amended to read:

SB40,63,25 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity, by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (cr) (vr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (af), (aq), (ar), and (au), 20.435 (6) (a) and (7) (da), and 20.445 (3) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

SB40, s. 5 Section 5 . 13.101 (6) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,64,21 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity, by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (vr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (af), (aq), (ar), and (au), 20.435 (6) (a) and (7) (da), and 20.445 (3) 20.437 (2) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

SB40, s. 6 Section 6. 13.111 (2) of the statutes is amended to read:

SB40,64,25 13.111 (2) Duties. The joint committee on employment relations shall perform the functions assigned to it under subch. subchs. V and VI of ch. 111, subch. II of ch. 230 and ss. 16.53 (1) (d) 1., 20.916, 20.917, 20.923 and 40.05 (1) (b).

SB40, s. 7 Section 7. 13.172 (1) of the statutes is amended to read:

SB40,65,7 13.172 (1) In this section, "agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, or 234, or 238.

SB40, s. 8 Section 8. 13.48 (13) (a) of the statutes is amended to read:

SB40,65,20 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Healthy Wisconsin Authority, or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

SB40, s. 9 Section 9. 13.48 (14) (a) of the statutes is amended to read:

SB40,66,2 13.48 (14) (a) In this subsection, "agency" has the meaning given for "state agency" in s. 20.001 (1), except that during the period prior to July 1, 2007, and the period beginning on the effective date of this paragraph .... [revisor inserts date], and ending on June 30, 2009, the term does not include the Board of Regents of the University of Wisconsin System.

SB40, s. 10 Section 10. 13.62 (2) of the statutes is amended to read:

SB40,66,8 13.62 (2) "Agency" means any board, commission, department, office, society, institution of higher education, council, or committee in the state government, or any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, or 237, or 238, except that the term does not include a council or committee of the legislature.

SB40, s. 11 Section 11. 13.63 (1) (am) of the statutes is amended to read:

SB40,66,16 13.63 (1) (am) If an individual who applies for a license under this section does not have a social security number, the individual, as a condition of obtaining that license, shall submit a statement made or subscribed under oath or affirmation to the board that the individual does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A license issued in reliance upon a false statement submitted under this paragraph is invalid.

SB40, s. 12 Section 12. 13.63 (1) (b) of the statutes is amended to read:

SB40,67,9 13.63 (1) (b) Except as provided under par. (am), the board shall not issue a license to an applicant who does not provide his or her social security number. The board shall not issue a license to an applicant or shall revoke any license issued to a lobbyist if the department of revenue certifies to the board that the applicant or lobbyist is liable for delinquent taxes under s. 73.0301. The board shall refuse to issue a license or shall suspend any existing license for failure of an applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure of an applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. No application may be disapproved by the board except an application for a license by a person who is ineligible for licensure under this subsection or s. 13.69 (4) or an application by a lobbyist whose license has been revoked under this subsection or s. 13.69 (7) and only for the period of such ineligibility or revocation.

SB40, s. 13 Section 13. 13.64 (2) of the statutes is amended to read:

SB40,68,4 13.64 (2) The registration shall expire on December 31 of each even-numbered year. Except as provided in sub. (2m), the board shall refuse to accept a registration statement filed by an individual who does not provide his or her social security number. The board shall refuse to accept a registration statement filed by an individual or shall suspend any existing registration of an individual for failure of the individual or registrant to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure of the individual or registrant to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceeding, as provided in a memorandum of understanding entered into under s. 49.857. If all lobbying by or on behalf of the principal which is not exempt under s. 13.621 ceases, the board shall terminate the principal's registration and any authorizations under s. 13.65 as of the day after the principal files a statement of cessation and expense statements under s. 13.68 for the period covering all dates on which the principal was registered. Refusal to accept a registration statement or suspension of an existing registration pursuant to a memorandum of understanding under s. 49.857 is not subject to review under ch. 227.

SB40, s. 14 Section 14. 13.64 (2m) of the statutes is amended to read:

SB40,68,12 13.64 (2m) If an individual who applies for registration under this section does not have a social security number, the individual, as a condition of obtaining registration, shall submit a statement made or subscribed under oath or affirmation to the board that the individual does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A registration accepted in reliance upon a false statement submitted under this subsection is invalid.

SB40, s. 15 Section 15. 13.83 (3) (f) (intro.) of the statutes is amended to read:

SB40,68,15 13.83 (3) (f) (intro.) The special committee shall be assisted by a technical advisory committee composed of 7 8 members representing the following:

SB40, s. 16 Section 16. 13.83 (3) (f) 2m. of the statutes is created to read:

SB40,68,17 13.83 (3) (f) 2m. The department of children and families.

SB40, s. 17 Section 17. 13.83 (4) (a) 9. of the statutes is repealed.

SB40, s. 18 Section 18. 13.94 (4) (a) 1. of the statutes is amended to read:

SB40,69,10 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Fox River Navigational System Authority and the Wisconsin Aerospace Authority, a professional baseball park district, a local professional football stadium district, a local cultural arts district and a family long-term care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; development zones designated under s. 560.71; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

SB40, s. 19 Section 19. 13.94 (4) (b) of the statutes is amended to read:

SB40,69,18 13.94 (4) (b) In performing audits of family long-term care districts under s. 46.2895, Wisconsin works agencies under subch. III of ch. 49, providers of medical assistance under subch. IV of ch. 49, corporations, institutions, associations, or other organizations, and their subgrantees or subcontractors, the legislative audit bureau shall audit only the records and operations of such providers and organizations which pertain to the receipt, disbursement or other handling of appropriations made by state law.

SB40, s. 20 Section 20. 13.95 (intro.) of the statutes is amended to read:

SB40,70,6 13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.

SB40, s. 21 Section 21. 14.18 of the statutes is amended to read:

SB40,70,12 14.18 Assistance from department of workforce development children and families. The governor may enter into a cooperative arrangement with the department of workforce development children and families under which the department assists the governor in providing temporary assistance for needy families under 42 USC 601 et. seq.

SB40, s. 22 Section 22. 14.83 of the statutes is amended to read:

SB40,70,21 14.83 Interstate insurance receivership commission. There is created an interstate insurance receivership commission as specified in s. 601.59 (3). The member of the commission representing this state shall be the commissioner of insurance or his or her designated representative. The commission member shall serve without compensation but shall be reimbursed from the appropriation under s. 20.145 (1) (g) 1. for actual and necessary expenses incurred in the performance of his or her duties. The commission has the powers and duties granted and imposed under s. 601.59.

SB40, s. 23 Section 23. 14.90 (3) of the statutes is repealed.

SB40, s. 24 Section 24. 15.01 (2) of the statutes is amended to read:

SB40,71,9 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members and the parole earned release review commission which shall consist of 8 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole earned release review commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (27) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7), and (9).

SB40, s. 25 Section 25. 15.01 (6) of the statutes is amended to read:

SB40,71,21 15.01 (6) "Division," "bureau," "section" and "unit" means the subunits of a department or an independent agency, whether specifically created by law or created by the head of the department or the independent agency for the more economic and efficient administration and operation of the programs assigned to the department or independent agency. The office of justice assistance in the department of administration, the office of the Wisconsin Covenant Scholars Program in the department of administration, and the office of credit unions in the department of financial institutions have the meaning of "division" under this subsection. The office of the long-term care ombudsman under the board on aging and long-term care and the office of educational accountability in the department of public instruction have the meaning of "bureau" under this subsection.

SB40, s. 26 Section 26. 15.02 (3) (c) 1. of the statutes is amended to read:

SB40,72,6 15.02 (3) (c) 1. The principal subunit of the department is the "division". Each division shall be headed by an "administrator". The office of justice assistance in the department of administration, the office of the Wisconsin Covenant Scholars Program in the department of administration, and the office of credit unions in the department of financial institutions have the meaning of "division" and the executive staff director of the office of justice assistance in the department of administration, the director of the office of the Wisconsin Covenant Scholars Program in the department of administration, and the director of credit unions have the meaning of "administrator" under this subdivision.

SB40, s. 27 Section 27. 15.04 (4) of the statutes is created to read:

SB40,72,10 15.04 (4) Legal services. If a department or independent agency is authorized or required to employ or retain an attorney, the department or independent agency may do so only in the following ways:

SB40,72,11 (a) Employ an attorney in a position authorized under s. 16.505.

SB40,72,13 (b) Contract with the department of administration for legal services under s. 16.004 (15).

SB40,72,15 (c) Allow the department of justice to furnish legal services if the department of justice is required by law to furnish the services.

SB40,72,18 (d) 1. Allow the division of hearings and appeals created under s. 15.103 (1) to furnish legal services if the division of hearings and appeals is required or authorized by law to furnish the services.

SB40,72,21 2. Contract under s. 227.43 (1m) for contested case hearing services with the division of hearings and appeals if the department or independent agency is not prohibited by law to do so.

SB40,72,23 (e) Employ or retain any attorney who is not a state employee, subject to s. 20.930.

SB40, s. 28 Section 28. 15.06 (6) of the statutes is amended to read:

SB40,73,4 15.06 (6) Quorum. A majority of the membership of a commission constitutes a quorum to do business, except that vacancies shall not prevent a commission from doing business. This subsection does not apply to the parole earned release review commission.

SB40, s. 29 Section 29. 15.07 (2) (k) of the statutes is created to read:

SB40,73,10 15.07 (2) (k) The secretary of health and family services, or his or her designee, shall serve as chairperson of the health care quality and patient safety council and shall appoint chairpersons for subcommittees on patient care, consumer interest and privacy, public health, and statewide health information exchange and interoperability.

SB40, s. 30 Section 30. 15.07 (2) (m) of the statutes is created to read:

SB40,73,13 15.07 (2) (m) The member appointed under s. 15.345 (6) (a) shall serve as chairperson of the managed forest land board.

SB40, s. 31 Section 31. 15.103 (1g) of the statutes is created to read:

SB40,73,17 15.103 (1g) Division of legal services. There is created in the department of administration a division of legal services. The administrator of the division shall be appointed by the secretary of administration in the unclassified service.

SB40, s. 32 Section 32. 15.104 of the statutes is created to read:

SB40,73,22 15.104 Same; offices. (1) Office of the Wisconsin Covenant Scholars Program. There is created an office of the Wisconsin Covenant Scholars Program in the department of administration. The director of the office shall be appointed by the secretary of administration.

SB40, s. 33 Section 33. 15.105 (19) of the statutes is renumbered 15.105 (19) (a).

SB40, s. 34 Section 34. 15.105 (19) (b) of the statutes is created to read:

SB40,74,2 15.105 (19) (b) There is created in the office of justice assistance a bureau of criminal justice research.

SB40, s. 35 Section 35. 15.105 (27) of the statutes is repealed.

SB40, s. 36 Section 36. 15.107 (18) of the statutes is created to read:

SB40,74,7 15.107 (18) Truth-in-sentencing phase ii council. (a) Creation. There is created in the department of administration a council called the truth-in-sentencing phase II council that shall consist of the following members:

SB40,74,8 1. The state public defender or his or her designee.

SB40,74,11 2. One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

SB40,74,12 3. One district attorney appointed by the governor.

SB40,74,13 4. Three individuals, appointed by the governor.

SB40,74,14 5. One representative of crime victims, appointed by the governor.

SB40,74,15 6. One circuit judge, appointed by the supreme court.

SB40,74,18 (b) Officers. The governor shall designate annually one of the members of the council as chairperson. The council may elect officers other than a chairperson from among its members as its work requires.

SB40,74,25 (c) Reimbursement and compensation. Members of the council shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. An officer or employee of the state shall be reimbursed by the agency that pays the member's salary. Members who are full-time state officers or employees shall receive no compensation for their services. Other members shall be paid $25 per day, in addition to their actual and necessary expenses, for each day on which they are actually and necessarily engaged in the performance of their duties.

SB40,75,1 (d) Sunset. This subsection does not apply after January 31, 2008.

SB40, s. 37 Section 37. 15.145 (1) of the statutes is amended to read:

SB40,75,9 15.145 (1) Parole Earned release review commission. There is created in the department of corrections a parole an earned release review commission consisting of 8 members. Members shall have knowledge of or experience in corrections or criminal justice. The members shall include a chairperson who is nominated by the governor, and with the advice and consent of the senate appointed, for a 2-year term expiring March 1 of the odd-numbered years, subject to removal under s. 17.07 (3m), and the remaining members in the classified service appointed by the chairperson.

SB40, s. 38 Section 38. 15.155 (5) of the statutes is amended to read: