SB40: Bill Text

SB40, s. 9103 Section 9103. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

SB40, s. 9104 Section 9104. Nonstatutory provisions; Arts Board.

SB40, s. 9105 Section 9105. Nonstatutory provisions; Building Commission.

SB40, s. 9106 Section 9106. Nonstatutory provisions; Child Abuse and Neglect Prevention Board.

SB40, s. 9107 Section 9107. Nonstatutory provisions; Circuit Courts.

SB40, s. 9108 Section 9108. Nonstatutory provisions; Commerce.

SB40,1690,7 (1) Budget information; surplus transfer. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 2009-11 biennial budget bill, the department of commerce shall submit a dollar amount for the appropriation under section 20.143 (2) (b) of the statutes as though the amount appropriated to the department of commerce in fiscal year 2008-09 under section 20.143 (2) (b) of the statutes is $2,000,000.

SB40,1690,12 (2) Grant for cellulosic ethanol plant. Notwithstanding section 560.126 of the statutes, as created by this act, the department of commerce shall award grants totaling not more than $5,000,000 from the appropriation under section 20.143 (1) (tm) of the statutes, as created by this act, to a person who plans to construct a cellulosic ethanol plant in this state, if all of the following apply:

SB40,1690,14 (a) The person submits a plan to the department specifying the proposed use of the grant and the secretary of commerce approves the plan.

SB40,1690,17 (b) The department enters into a written agreement with the person that specifies the conditions for the use of the grant, including reporting and auditing requirements.

SB40,1690,20 (c) The person agrees in writing to submit to the department, within 6 months after spending the grant proceeds, a report detailing how the grant proceeds were spent.

SB40, s. 9109 Section 9109. Nonstatutory provisions; Corrections.

SB40,1690,22 (1) Youth diversion program transfer.

SB40,1691,2 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of corrections that are primarily related to the youth diversion from gang activities program under section 301.265, 2005 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

SB40,1691,7 (b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees holding those positions in the department of corrections performing duties that are primarily related to the youth division from gang activities program under section 301.265, 2005 stats., as determined by the secretary of administration, are transferred to the department of administration.

SB40,1691,13 (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 department of administration that they enjoyed in the department of corrections 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.

SB40,1691,18 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of corrections that is primarily related to the youth diversion from gang activities program under section 301.265, 2005 stats., as determined by the secretary of administration, is transferred to the department of administration.

SB40,1691,25 (e) Pending matters. Any matter pending with the department of corrections on the effective date of this paragraph that is primarily related to the youth diversion from gang activities program under section 301.265, 2005 stats., as determined by the secretary of administration, is transferred to the department of administration. All materials submitted to or actions taken by the department of corrections with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

SB40,1692,7 (f) Contracts. All contracts entered into by the department of corrections in effect on the effective date of this paragraph that are primarily related to the youth diversion from gang activities program under section 301.265, 2005 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under those contracts unless modified or rescinded by the department of administration to the extent allowed under the contract.

SB40,1692,16 (g) Rules and orders. All rules promulgated by the department of corrections in effect on the effective date of this paragraph that are primarily related to the youth diversion from gang activities program under section 301.265, 2005 stats., remain in effect until their specified expiration dates or until amended or repealed by the department of administration. All orders issued by the department of corrections in effect on the effective date of this paragraph that are primarily related to the youth diversion from gang activities program under section 301.265, 2005 stats., remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.

SB40,1692,21 (1) Funding for certain community reintegration services. From the appropriation under section 20.410 (1) (d) of the statutes, the department of corrections shall provide $500,000 during the 2007-08 fiscal year and $500,000 during the 2008-09 fiscal year to New Hope Project, Inc., for transitional employment services.

SB40, s. 9110 Section 9110. Nonstatutory provisions; Court of Appeals.

SB40, s. 9111 Section 9111. Nonstatutory provisions; District Attorneys.

SB40,1693,7 (1) Prosecution of drug crimes; Milwaukee County. From the appropriation account under section 20.505 (6) (p) of the statutes the department of administration shall expend a dollar amount determined by the department of administration and and from the appropriation account under section 20.455 (2) (kp) of the statutes the department of justice shall expend a dollar amount determined by the department of administration in each year of the 2007-09 fiscal biennium to provide the multijurisdictional enforcement group serving Milwaukee County funding for 2.0 district attorney PR positions to prosecute criminal violations of chapter 961 of the statutes.

SB40,1693,15 (2) Prosecution of drug crimes; Dane County. From the appropriation account under section 20.505 (6) (p) of the statutes the department of administration shall expend a dollar amount determined by the department of administration and from the appropriation account under section 20.455 (2) (kp) of the statutes the department of justice shall expend a dollar amount determined by the department of administration in each year of the 2007-09 fiscal biennium to provide the multijurisdictional enforcement group serving Dane County funding for 0.75 district attorney PR position to prosecute criminal violations of chapter 961 of the statutes.

SB40,1693,21 (3) Prosecution of drug crimes; St. Croix County. From the appropriation account under section 20.455 (2) (kp) of the statutes the department of justice shall expend a dollar amount determined by the department of administration in each year of the 2007-09 fiscal biennium to provide the multijurisdictional enforcement group serving St. Croix County funding for 1.0 district attorney PR position to prosecute criminal violations of chapter 961 of the statutes.

SB40, s. 9112 Section 9112. Nonstatutory provisions; Educational Communications Board.

SB40, s. 9113 Section 9113. Nonstatutory provisions; Elections Board.

SB40, s. 9114 Section 9114. Nonstatutory provisions; Employee Trust Funds.

SB40, s. 9115 Section 9115. Nonstatutory provisions; Employment Relations Commission.

SB40, s. 9116 Section 9116. Nonstatutory provisions; Ethics Board.

SB40, s. 9117 Section 9117. Nonstatutory provisions; Financial Institutions.

SB40, s. 9118 Section 9118. Nonstatutory provisions; Fox River Navigational System Authority.

SB40, s. 9119 Section 9119. Nonstatutory provisions; Governor.

SB40, s. 9120 Section 9120. Nonstatutory provisions; Health and Educational Facilities Authority.

SB40, s. 9121 Section 9121. Nonstatutory provisions; Health and Family Services.

SB40,1694,14 (1) Bed assessment for intermediate care facilities for the mentally retarded. Notwithstanding section 50.14 (2m) of the statutes, as created by this act, the department of health and family services is not required to calculate the amount of the bed assessment for intermediate care facilities for the mentally retarded under section 50.14 (2) (bm) of the statutes, as created by this act, for state fiscal year 2007-08 until October 1, 2007, or the first day of the 3rd month beginning after the effective date of this subsection, whichever is later.

SB40,1694,15 (2) Transfer of council on developmental disabilities.

SB40,1694,20 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services primarily related to the council on developmental disabilities, as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

SB40,1695,3 (b) Employee transfers. All incumbent employees holding positions in the department of health and family services performing duties primarily related to the functions of the council on developmental disabilities, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of administration.

SB40,1695,9 (c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and under chapter 230 of the statutes in the department of administration that they enjoyed in the department of health and family services 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.

SB40,1695,14 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services that is primarily related to the functions of the council on developmental disabilities, as determined by the secretary of administration, is transferred to the department of administration.

SB40,1695,15 (e) Contracts.

SB40,1695,21 1. All contracts entered into by the council on developmental disabilities in effect on the effective date of this paragraph remain in effect and are transferred to the council on developmental disabilities in the department of administration. The council on developmental disabilities shall carry out any obligations under such a contract until the contract expires or is modified or rescinded by the council on developmental disabilities to the extent allowed under the contract.

SB40,1696,3 2. All contracts entered into by the department of health and family services in effect on the effective date of this paragraph that are primarily related to the functions of the council on developmental disabilities, as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

SB40,1696,7 (3) Licensed adult family home fees; rules. The department of health and family services shall submit in proper form the rules required under section 50.033 (2) of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than November 1, 2007.

SB40,1696,11 (4) Community-based residential facility fees; rules. The department of health and family services shall submit in proper form the rules required under section 50.037 (2) (a) of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than November 1, 2007.

SB40,1696,23 (1m) Indian child high-cost out-of-home care placement funding. Notwithstanding section 16.54 (12) (a) of the statutes, as affected by this act, and section 46.46 (1) and (2) of the statutes, in fiscal year 2007-08 the department of health and family services may expend not more than $500,000 in moneys received under section 20.435 (8) (mb) and (mm) of the statutes, as affected by this act, in fiscal year 2006-07 or 2007-08 for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts. The department of health and family services may expend moneys under this subsection only if that department determines in light of overall child welfare needs and after paying federal disallowances under section 20.435 (8) (mm) of the statutes, as affected by this act, that there are sufficient moneys in the appropriation accounts under section 20.435 (8) (mb) and (mm) of the statutes, as affected by this act, to expend for that purpose.

SB40,1696,24 (5) Transfer to the department of children and families.

SB40,1697,9 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services that are primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of children and families.

SB40,1697,10 (b) Employee transfers.

SB40,1697,19 1. The classified positions, and incumbent employees holding positions, in the department of health and family services relating primarily to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, are transferred to the department of children and families.

SB40,1698,14 2. The classified positions, and incumbent employees holding positions, in the department of health and family services relating primarily to general administration and program support that the secretary of administration determines should be transferred to the department of children and families are transferred to that department. Upon determination of these employees, the secretary of health and family services shall, by October 1, 2007, and in conjunction with the secretary of workforce development, submit a plan to the secretary of administration requesting the transfer of moneys between the general purpose revenue appropriations for the departments of health and family services and workforce development and the department of children and families, between the program revenue appropriations for the departments of health and family services and workforce development and the department of children and families, between the program revenue-service appropriations for the departments of health and family services and workforce development and the department of children and families, between the appropriations of given segregated funds for the departments of health and family services and workforce development and the department of children and families, and between the federal revenue appropriations for the departments of health and family services and workforce development and the department of children and families, if necessary to adjust previously allocated costs in accordance with the transfer of personnel.

SB40,1698,20 (c) Employee status. Employees transferred under paragraph (b) shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of children and families that they enjoyed in the department of health and family services 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.

SB40,1699,4 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services that is primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, shall be transferred to the department of children and families.

SB40,1699,15 (e) Contracts. All contracts entered into by the department of health and family services in effect on the effective date of this paragraph that are primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of children and families. The department of children and families shall carry out any such contractual obligations unless modified or rescinded by the department of children and families to the extent allowed under the contract.

SB40,1700,8 (f) Rules and orders. All rules promulgated by the department of health and family services that are primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of children and families. All orders issued by the department of health and family services that are primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of children and families.

SB40,1700,9 (6) Agency name change.

SB40,1700,11 (a) Wherever the term "health and family services" appears in the statutes, as affected by the acts of 2007, the term "health services" is substituted.

SB40,1700,17 (b) Beginning on July 1, 2008, the department of health services has the powers and duties granted or assigned the department of health and family services by Sections 9101 to 9155 of this act that do not terminate before paragraph (a) takes effect. Beginning on July 1, 2008, the secretary of health services has the powers and duties granted or assigned the secretary of health and family services by Sections 9101 to 9155 of this act that do not terminate before paragraph (a) takes effect.

SB40, s. 9122 Section 9122. Nonstatutory provisions; Higher Educational Aids Board.

SB40,1700,19 (1) Wisconsin Covenant Scholars Program.

SB40,1700,23 (a) Rules. The higher educational aids board shall submit in proposed form the rules required under section 39.437 (5) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 18th month beginning after the effective date of this paragraph.

SB40,1701,10 (b) Emergency rules. Using the procedure under section 227.24 of the statutes, the higher educational aids board may promulgate the rules required under section 39.437 (5) of the statutes, as created by this act, for the period before the effective date of the permanent rules submitted under paragraph (a ), 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 higher educational aids board is not required to provide evidence that promulgating a rule under this paragraph 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 paragraph.

SB40, s. 9123 Section 9123. Nonstatutory provisions; Historical Society.

SB40, s. 9124 Section 9124. Nonstatutory provisions; Housing and Economic Development Authority.

SB40, s. 9125 Section 9125. Nonstatutory provisions; Insurance.

SB40, s. 9126 Section 9126. Nonstatutory provisions; Investment Board.

SB40, s. 9127 Section 9127. Nonstatutory provisions; Joint Committee on Finance.

SB40, s. 9128 Section 9128. Nonstatutory provisions; Judicial Commission.

SB40, s. 9129 Section 9129. Nonstatutory provisions; Justice.

SB40, s. 9130 Section 9130. Nonstatutory provisions; Legislature.

SB40,1702,2 (1) Audit of crime laboratories in department of justice. The legislative audit bureau shall conduct an audit of the state crime laboratories in the department of justice regarding the management of the deoxyribonucleic acid analysis and data bank, which audit shall include the management of cases, the type of screening done on cases, and how priority is determined for the analysis of samples. The bureau shall file its report as described in section 13.94 (1) (b) of the statutes by June 30, 2008.

SB40, s. 9131 Section 9131. Nonstatutory provisions; Lieutenant Governor.

SB40, s. 9132 Section 9132. Nonstatutory provisions; Lower Wisconsin State Riverway Board.

SB40, s. 9133 Section 9133. Nonstatutory provisions; Medical College of Wisconsin.

SB40, s. 9134 Section 9134. Nonstatutory provisions; Military Affairs.

SB40, s. 9135 Section 9135. Nonstatutory provisions; Natural Resources.

SB40,1702,12 (1) Managed forest land board. Notwithstanding section 15.345 (6) of the statutes, as created by this act, 2 of the initial members of the managed forest land board appointed under section 15.345 (6) (a) to (d) of the statutes, as created by this act, shall serve for terms expiring on May 1, 2009, and 2 of those initial members shall serve for terms expiring on May 1, 2011.

SB40, s. 9136 Section 9136. Nonstatutory provisions; Public Defender Board.

SB40, s. 9137 Section 9137. Nonstatutory provisions; Public Instruction.

SB40,1703,2 (1) Milwaukee Parental Choice Program fees; rules. By the first day of the 3rd month beginning after the effective date of this subsection, the department of public instruction shall, using the procedure under section 227.24 of the statutes, promulgate the rule required under section 119.23 (2) (a) 8. of the statutes, as created by this act, for the period before the effective date of the permanent rule promulgated under section 119.23 (2) (a) 8. 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 of public instruction 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.

SB40,1703,8 (2) Milwaukee Parental Choice Program fees; fees for the 2007-08 school year. Notwithstanding section 119.23 (2) (a) 8. of the statutes, as created by this act, each private school participating in the program under section 119.23 of the statutes, as affected by this act, in the 2007-08 school year shall pay the fee required under section 119.23 (2) (a) 8. of the statutes, as created by this act, no later than 30 days after the effective date of the rule promulgated under subsection (1).

SB40, s. 9138 Section 9138. Nonstatutory provisions; Public Lands, Board of Commissioners of.

SB40, s. 9139 Section 9139. Nonstatutory provisions; Public Service Commission.

SB40, s. 9140 Section 9140. Nonstatutory provisions; Regulation and Licensing.

SB40, s. 9141 Section 9141. Nonstatutory provisions; Revenue.

SB40,1703,18 (1) Internal revenue code. Changes to the Internal Revenue Code made by Public Law 109-135, excluding sections 101, 105, 201 (a) as it relates to section 1400S (a), 402 (e), 403 (e), (j), and (q), and 405 of Public Law 109-135, and Public Law 109-280, excluding sections 811 and 844 of Public Law 109-280, apply to the definitions of "Internal Revenue Code" in chapter 71 of the statutes at the time that those changes apply for federal income tax purposes.

SB40,1704,2 (2) Emergency rules concerning oil company assessment. The department of revenue may promulgate emergency rules under section 227.24 of the statutes implementing subchapter XIV of chapter 77 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of revenue 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.