SB40: Bill Text

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.

SB40, s. 9142 Section 9142. Nonstatutory provisions; Secretary of State.

SB40, s. 9143 Section 9143. Nonstatutory provisions; State Employment Relations, Office of.

SB40, s. 9144 Section 9144. Nonstatutory provisions; State Fair Park Board.

SB40, s. 9145 Section 9145. Nonstatutory provisions; Supreme Court.

SB40, s. 9146 Section 9146. Nonstatutory provisions; Technical College System.

SB40, s. 9147 Section 9147. Nonstatutory provisions; Tourism.

SB40, s. 9148 Section 9148. Nonstatutory provisions; Transportation.

SB40,1704,10 (1) Driver license agreement.

SB40,1704,14 (a) The department of transportation shall submit in proposed form the rules required under section 343.02 (3) (b) 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 6th month beginning after the effective date of this paragraph.

SB40,1705,4 (b) Using the emergency rules procedure under section 227.24 of the statutes, the department of transportation shall promulgate the rules required under section 343.02 (3) (b) of the statutes, as created by this act, for purposes of implementing the provisions of this act related to joining the Driver License Agreement, for the period before the effective date of the rules submitted under paragraph (a). The department shall promulgate these emergency rules no later than the first day of the 6th month beginning after the effective date of this paragraph. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, these emergency rules may remain in effect until July 1, 2009, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department 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.

SB40,1705,5 (2) Transfer of supplemental title fees.

SB40,1705,7 (a) No transfer of moneys may be made from the general fund under section 20.855 (4) (f), 2005 stats., on or after the effective date of this paragraph.

SB40,1705,13 (b) If the effective date of this paragraph is after October 1, 2007, notwithstanding section 25.40 (3) (a) of the statutes, the secretary of administration shall transfer, in fiscal year 2007-08, from the transportation fund to the general fund an amount equal to the amount transferred under section 20.855 (4) (f), 2005 stats., from the general fund to the environmental fund between July 1, 2007, and the effective date of this paragraph.

SB40,1706,3 (3) Improvement project to veterans cemetery access road in Washburn County. Notwithstanding limitations on the amount and use of aids provided under section 86.31 of the statutes, as affected by this act, or on eligibility requirements for receiving aids under section 86.31 of the statutes, as affected by this act, the department of transportation shall award a grant of $60,000 in the 2007-09 fiscal biennium to the first applicant that is eligible for aid under section 86.31 of the statutes and that applies for a grant for the improvement of a road accessing a state veterans cemetery in Washburn County. Payment of the grant under this subsection shall be made from the appropriation under section 20.395 (2) (ft) of the statutes, as affected by this act, before making any other allocation of funds under section 86.31 (3g), (3m), or (3r) of the statutes, as affected by this act, and is in addition to the entitlement, as defined in section 86.31 (1) (ar) of the statutes, or eligibility under section 86.31 (3g), (3m), or (3r) of the statutes, as affected by this act, of the recipient under this subsection to any other aids under section 86.31 of the statutes, as affected by this act.

SB40, s. 9149 Section 9149. Nonstatutory provisions; Treasurer.

SB40, s. 9150 Section 9150. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Authority.

SB40, s. 9151 Section 9151. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Board.

SB40, s. 9152 Section 9152. Nonstatutory provisions; University of Wisconsin System.

SB40,1706,12 (1) UW-Milwaukee School of Public Health. Of the moneys appropriated to the Board of Regents of the University of Wisconsin System under section 20.285 (1) (a) of the statutes for the 2008-09 fiscal year, the board shall allocate $200,000 for establishing the University of Wisconsin-Milwaukee School of Public Health, but only if the board approves the school.

SB40, s. 9153 Section 9153. Nonstatutory provisions; Veterans Affairs.

SB40,1706,18 (1) Payments for outreach for homeless veterans. From the appropriation under section 20.485 (2) (am) of the statutes, as created by this act, the department of veterans affairs may annually make a payment not to exceed $25,000 to the Center for Veteran Issues for the purpose of providing outreach services for homeless veterans.

SB40, s. 9154 Section 9154. Nonstatutory provisions; Workforce Development.

SB40,1706,20 (1) Transfer to the department of children and families.

SB40,1707,4 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of workforce development that are primarily related to the functions of the bureau of Wisconsin Works and child support and the child care section of the bureau of workforce programs, as determined by the secretary of administration, shall become the assets and liabilities of the department of children and families.

SB40,1707,5 (b) Employee transfers.

SB40,1707,10 1. The classified positions, and incumbent employees holding positions, in the department of workforce development relating primarily to the functions of the bureau of Wisconsin Works and child support and the child care section of the bureau of workforce programs, as determined by the secretary of administration, are transferred to the department of children and families.

SB40,1708,4 2. The classified positions, and incumbent employees holding positions, in the department of workforce development relating primarily to general administration and program support that the secretary of administration determines should be transferred are transferred to the department of children and families. Upon determination of these employees, the secretary of workforce development shall, in conjunction with the secretary of health and family services, by October 1, 2007, and submit a plan to the secretary of administration requesting the transfer of moneys between the general purpose revenue appropriations for the departments of workforce development and health and family services and the department of children and families, between the program revenue appropriations for the departments of workforce development and health and family services and the department of children and families, between the program revenue-service appropriations for the departments of workforce development and health and family services and the department of children and families, between the appropriations of given segregated funds for the departments of workforce development and health and family services and the department of children and families, and between the federal revenue appropriations for the departments of workforce development and health and family services and the department of children and families, if necessary to adjust previously allocated costs in accordance with the transfer of personnel.

SB40,1708,10 (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 workforce development 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.

SB40,1708,16 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of workforce development that is primarily related to the functions of the bureau of Wisconsin Works and child support and the child care section of the bureau of workforce programs, as determined by the secretary of administration, shall be transferred to the department of children and families.

SB40,1708,24 (e) Contracts. All contracts entered into by the department of workforce development in effect on the effective date of this paragraph that are primarily related to the functions of the bureau of Wisconsin Works and child support and the child care section of the bureau of workforce programs, 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.

SB40,1709,12 (f) Rules and orders. All rules promulgated by the department of workforce development that are primarily related to the functions of the bureau of Wisconsin Works and child support and the child care section of the bureau of workforce programs, 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 workforce development that are primarily related to the functions of the bureau of Wisconsin Works and child support and the child care section of the bureau of workforce programs, 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.

SB40,1709,20 (g) Pending matters. Any matter pending with the department of workforce development on the effective date of this paragraph that is primarily related to the functions of the bureau of Wisconsin Works and child support and the child care section of the bureau of workforce programs, as determined by the secretary of administration, is transferred to the department of children and families and all materials submitted to or actions taken by the department of workforce development with respect to the pending matter are considered as having been submitted to or taken by the department of children and families.

SB40,1710,2 (2) Study on child support collection. The department of workforce development shall study the efficiency of the current method used in Wisconsin for collecting court-ordered child support. The study shall examine the feasibility of using, and the efficiency of, other methods of collection. By December 1, 2008, the department conducting the study shall submit its findings and recommendations to the secretary of administration.

SB40, s. 9155 Section 9155. Nonstatutory provisions; other.

SB40,1710,4 (1) Transfer of attorney and legal staff positions.

SB40,1710,5 (a) Definitions. In this subsection:

SB40,1710,7 1. "Legal staff" means the individuals as determined by the secretary of administration who provide support services for attorneys.

SB40,1710,9 2. "State agency" means an office, commission, department, independent agency, or board in the executive branch of state government, except the following:

SB40,1710,10 a. The public service commission.

SB40,1710,11 b. The public defender board.

SB40,1710,12 c. The Board of Regents of the University of Wisconsin System.

SB40,1710,13 d. The University of Wisconsin Hospitals and Clinics Board.

SB40,1710,14 e. The state of Wisconsin investment board.

SB40,1710,15 f. The office of the governor.

SB40,1710,16 g. The Government Accountability Board.

SB40,1710,17 h. The department of justice.

SB40,1710,18 i. The employment relations commission.

SB40,1710,22 (b) State agency attorneys and legal staff. Except as provided in paragraph (c) and subject to paragraph (d), on the effective date of this paragraph all attorney positions in state agencies and all legal staff positions in state agencies are transferred to the division of legal services in the department of administration.

SB40,1710,23 (c) Hearing officers, hearing examiners, and administrative law judges.

SB40,1711,3 1. Except as provided in subdivision 2 . and subject to paragraph (d), on the effective date of this subdivision all positions identified by the secretary of administration as hearing officers, hearing examiners, or administrative law judges are transferred to the division of hearings and appeals in the department of administration.

SB40,1711,5 2. Subdivision 1. does not apply to hearing officers, hearing examiners, or administrative law judges in the department of workforce development.

SB40,1711,6 (d) Exceptions. Paragraphs (b) and (c) do not apply to any of the following:

SB40,1711,8 1. State employees working in an office of a district attorney under section 978.12 (1) (b) or (c) of the statutes.

SB40,1711,11 2. One lead attorney in the office of state employment relations whose duties include the negotiation and interpretation of collective bargaining agreements entered into under subchapter V of chapter 111 of the statutes.

SB40,1711,13 3. One attorney position in each of the following state agencies, identified by the secretary of administration as the general counsel or lead attorney position:

SB40,1711,14 a. Department of administration.

SB40,1711,15 b. Department of agriculture, trade and consumer protection.

SB40,1711,16 c. Department of children and families.

SB40,1711,17 d. Department of commerce.

SB40,1711,18 e. Department of corrections.

SB40,1711,19 f. Department of employee trust funds.

SB40,1711,20 g. Department of financial institutions.

SB40,1711,21 h. Department of health and family services.

SB40,1711,22 i. Department of military affairs.

SB40,1711,23 j. Department of natural resources.

SB40,1711,24 k. Department of public instruction.

SB40,1711,25 l. Department of regulation and licensing.

SB40,1712,1 m. Department of revenue.

SB40,1712,2 n. Department of transportation.

SB40,1712,3 o. Department of veterans affairs.

SB40,1712,4 p. Department of workforce development.

SB40,1712,5 q. Office of the commissioner of insurance.

SB40,1712,13 (e) Incumbents. All incumbent employees holding positions that are transferred under paragraphs (b), and (c) are transferred on the effective date of this paragraph to the department of administration. Employees transferred under these paragraphs 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 their respective state agencies 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.

SB40,1712,18 (f) Materials. On the effective date of this paragraph, all equipment, supplies, and furniture required for the provision of legal services by employees transferred under paragraphs (b) and (c) are transferred to the department of administration. The secretary of administration shall identify the equipment, supplies, and furniture to be transferred.

SB40,1712,24 (2) Child care quality rating system. By June 30, 2009, the department of children and families shall rate the quality of the child care provided by all child care providers that, on that date, hold a license under section 48.65 of the statutes and are providing child care that is reimbursed under section 49.155 of the statutes, as affected by this act, as required under section 48.658 of the statutes, as created by this act.

SB40,1713,14 (1m) Indian child high-cost out-of-home care placement funding. Notwithstanding section 16.54 (12) (b) of the statutes, as affected by Section 95 of this act, and section 48.567 (1) and (2) of the statutes, as created by this act, in fiscal year 2008-09 the department of children and families may expend not more than $500,000 in moneys received in fiscal year 2006-07 or 2007-08 and credited to the appropriation accounts under section 20.437 (3) (mm) or (mp) of the statutes, as created by this act, less any moneys expended under section 9121 (1m) of this act for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts. The department of children and families 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 20.437 (3) (mm) of the statutes, as created by this act, that there are sufficient moneys in the appropriation accounts under section 20.437 (3) (mm) and (mp) of the statutes, as created by this act, to expend for that purpose.

SB40,1713,18 (3) Initial terms of board members. Notwithstanding the lengths of terms of the members of the board of directors of the Healthy Wisconsin Authority specified in section 238.05 (1) (intro.) of the statutes, as created by this act, the initial members shall be appointed for the following terms:

SB40,1713,20 (a) The 4 members specified under section 238.05 (1) (a) to (d) of the statutes, as created by this act, for terms that expire on July 1, 2009.

SB40,1713,22 (b) Four members specified under section 238.05 (1) (e) of the statutes, as created by this act, for terms that expire on July 1, 2010.

SB40,1713,24 (c) Five members specified under section 238.05 (1) (e) of the statutes, as created by this act, for terms that expire on July 1, 2011.

SB40,1714,14 (4) Provisional appointments of board members. Notwithstanding the requirement for senate confirmation of the appointment of the members of the board of directors of the Healthy Wisconsin Authority under section 238.05 (1) (e) of the statutes, as created by this act, the initial members may be provisionally appointed by the governor, subject to confirmation by the senate. Any such appointment shall be in full force until acted upon by the senate, and when confirmed by the senate shall continue for the remainder of the term, or until a successor is chosen and qualifies. A provisional appointee may exercise all of the powers and duties of the office to which such person is appointed during the time in which the appointee qualifies. Any appointment made under this subsection that is withdrawn or rejected by the senate shall lapse. When a provisional appointment lapses, a vacancy occurs. Whenever a new legislature is organized, any appointments then pending before the senate shall be referred by the president to the appropriate standing committee of the newly organized senate.

SB40, s. 9201 Section 9201. Fiscal changes; Administration.

SB40,1714,17 (1) Lapse or transfer of any unencumbered moneys in appropriation accounts and funds.

SB40,1714,23 (a) Notwithstanding sections 20.001 (3) (a) to (c) and 25.40 (3) of the statutes, but subject to paragraph (b), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of state operations appropriations, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $40,000,000 during each fiscal year of the 2007-09 and 2009-11 fiscal biennia.

SB40,1715,2 (b) The secretary of administration may not lapse or transfer moneys under paragraph (a) if the lapse or transfer would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse or transfer would violate the federal or state constitution.