AB75: Bill Text

AB75, s. 34 Section 34. 15.145 (1) of the statutes is amended to read:

AB75,97,7 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.

AB75, s. 35 Section 35. 15.155 (1) of the statutes is repealed.

AB75, s. 36 Section 36. 15.155 (2) of the statutes is created to read:

AB75,97,12 15.155 (2) Economic policy board. (a) There is created an economic policy board attached to the department of commerce under s. 15.03 consisting of all of the following:

AB75,97,13 1. The secretary of commerce or the secretary's designee.

AB75,97,14 2. The secretary of workforce development or the secretary's designee.

AB75,97,15 3. The director of the technical college system or the director's designee.

AB75,97,17 4. Six other members nominated by the governor, and with the advice and consent of the senate appointed, for 2-year terms.

AB75,97,18 5. One member appointed by the speaker of the assembly.

AB75,97,19 6. One member appointed by the senate majority leader.

AB75,97,22 (b) The members appointed under par. (a) 4. shall represent the scientific, technical, labor, small business, minority business, as defined in s. 560.036 (1) (e), rural, and financial communities of this state.

AB75, s. 37 Section 37. 15.155 (3) of the statutes is repealed.

AB75, s. 38 Section 38. 15.155 (4) of the statutes is repealed.

AB75, s. 39 Section 39. 15.155 (6) of the statutes is repealed.

AB75, s. 40 Section 40. 15.157 (8) of the statutes is renumbered 15.917 (1) and 15.917 (1) (intro.), as renumbered, is amended to read:

AB75,98,8 15.917 (1) Rural health development council. (intro.) There is created in the department of commerce University of Wisconsin System a rural health development council consisting of 13 members nominated by the governor, and with the advice and consent of the senate appointed, for 5-year terms, and the secretaries of commerce and health services, or their designees. The appointed members shall include all of the following:

AB75, s. 41 Section 41. 15.207 (24) (a) 7. of the statutes is amended to read:

AB75,98,14 15.207 (24) (a) 7. Subject to par. (d), two members who are nominated by a children's services network established the Wisconsin Works agency or agencies in Milwaukee County under s. 49.143 (2) (b) and who are residents of the a geographical area established under s. 49.143 (6) that is served by the children's services network in Milwaukee County.

AB75, s. 42 Section 42. 15.207 (24) (d) of the statutes is amended to read:

AB75,99,2 15.207 (24) (d) If the department of children and families establishes more than one geographical area in Milwaukee County under s. 49.143 (6), the children's services networks established Wisconsin Works agency or agencies in Milwaukee County under s. 49.143 (2) (b), in nominating members under par. (a) 7., shall nominate residents of different geographical areas established under s. 49.143 (6) and, when the term of a member appointed under par. (a) 7. ends or if a vacancy occurs in the membership of the council under par. (a) 7., those children's services networks the Wisconsin Works agency or agencies shall nominate a resident of a different geographical area established under s. 49.143 (6) from the geographical area of the member who is being replaced according to a rotating order of succession determined by the children's services networks Wisconsin Works agency or agencies.

AB75, s. 43 Section 43. 15.917 (title) of the statutes is created to read:

AB75,99,4 15.917 (title) Same; attached council.

AB75, s. 44 Section 44. 16.002 (2) of the statutes is amended to read:

AB75,99,10 16.002 (2) "Departments" means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. II of ch. 114 or subch. III of ch. 149 and in chs. 52, 231, 232, 233, 234, 235, 237, and 279.

AB75, s. 45 Section 45. 16.004 (4) of the statutes is amended to read:

AB75,99,17 16.004 (4) Freedom of access. The secretary and such employees of the department as the secretary designates may enter into the offices of state agencies and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 52, 231, 233, 234, 237, and 279, and may examine their books and accounts and any other matter that in the secretary's judgment should be examined and may interrogate the agency's employees publicly or privately relative thereto.

AB75, s. 46 Section 46. 16.004 (5) of the statutes is amended to read:

AB75,99,23 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 52, 231, 233, 234, 237, and 279, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.

AB75, s. 47 Section 47. 16.004 (12) (a) of the statutes is amended to read:

AB75,100,8 16.004 (12) (a) In this subsection, "state agency" means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Fox River Navigational System Authority.

AB75, s. 48 Section 48. 16.004 (15) of the statutes is created to read:

AB75,100,13 16.004 (15) Legal services. (a) In this subsection, "state agency" means an office, commission, department, independent agency, or board in the executive branch of state government, including the building commission, but does not include the department of justice and the department of public instruction.

AB75,100,17 (b) The department may provide legal services to state agencies and shall assess state agencies for legal services provided by the division of legal services. The department shall credit all moneys received from state agencies under this paragraph to the appropriation account under s. 20.505 (1) (kr).

AB75,100,25 (c) During the 2010-11 fiscal year, the secretary may transfer from state agencies up to 3.0 full-time equivalent vacant attorney positions to the division of legal services. The authorized full-time equivalent positions to the department, funded from the appropriation account under s. 20.505 (1) (kr), are increased by the number of full-time equivalent positions transferred under this paragraph. The authorized full-time equivalent positions of a state agency from which a transfer is made are decreased by the number of full-time equivalent positions transferred from that state agency under this paragraph.

AB75, s. 49 Section 49. 16.009 (1) (em) 6. of the statutes is amended to read:

AB75,101,2 16.009 (1) (em) 6. An adult family home, as defined in s. 50.01 (1) (a) or (b).

AB75, s. 50 Section 50. 16.009 (1) (em) 7. of the statutes is created to read:

AB75,101,5 16.009 (1) (em) 7. A residential care apartment complex, as defined in s. 50.01 (1d).

AB75, s. 51 Section 51. 16.04 (1) (am) of the statutes is amended to read:

AB75,101,10 16.04 (1) (am) Establish guidelines for the use by agencies of charter air travel or travel by private aircraft. The guidelines shall prohibit an employee of an agency from using a private aircraft to travel outside of this state for the conduct of state business.

AB75, s. 52 Section 52. 16.045 (1) (a) of the statutes is amended to read:

AB75,101,17 16.045 (1) (a) "Agency" means an office, department, independent 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, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232, 233, 234, 235, 237, or 279.

AB75, s. 53 Section 53. 16.15 (1) (ab) of the statutes is amended to read:

AB75,101,22 16.15 (1) (ab) "Authority" has the meaning given under s. 16.70 (2), but excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Health Insurance Risk-Sharing Plan Authority.

AB75, s. 54 Section 54. 16.18 (5) of the statutes is amended to read:

AB75,101,25 16.18 (5) No county may receive a grant under this section in an amount exceeding $500,000 $600,000 in any state fiscal year.

AB75, s. 55 Section 55. 16.19 of the statutes is amended to read:

AB75,102,8 16.19 Civil legal services for the indigent. Annually, the department shall pay the amount appropriated under s. 20.505 (1) (e) (jc) to the Wisconsin Trust Account Foundation, Inc., to provide civil legal services to indigent persons. The Wisconsin Trust Account Foundation, Inc., shall distribute the amount received as grants to programs that provide civil legal services to indigent persons, and those programs may use the grant funds to match other federal and private grants. The grants may be used only for the purposes for which the funding was provided.

AB75, s. 56 Section 56. 16.26 of the statutes is renumbered 196.3742 and amended to read:

AB75,102,16 196.3742 Weatherization Federal weatherization assistance. Notwithstanding s. 16.54 (2) (a), the department commission shall administer federal funds available to this state under the weatherization assistance for low-income persons program, as amended, 42 USC 6861 to 6873. The department commission shall administer the funds in accordance with 42 USC 6861 to 6873 and regulations adopted under 42 USC 6861 or 6873.

AB75, s. 57 Section 57. 16.27 (title) of the statutes is renumbered 196.3744 (title) and amended to read:

AB75,102,19 196.3744 (title) Low-income Federal low-income energy assistance.

AB75, s. 58 Section 58. 16.27 (1) of the statutes is renumbered 196.3744 (1), and 196.3744 (1) (e), as renumbered, is amended to read:

AB75,103,3 196.3744 (1) (e) "Low-income warm room program volunteer" means a person who is eligible for assistance under 42 USC 8621 to 8629, whose dwelling, in comparison to the dwellings of other persons eligible for assistance under 42 USC 8621 to 8629, has a high ratio of space to occupant, and who volunteers to take the training under sub. (2) (b) and to cooperate with the department commission in the installation and operation of low-income warm room program materials in his or her dwelling.

AB75, s. 59 Section 59. 16.27 (2) of the statutes is renumbered 196.3744 (2) and amended to read:

AB75,103,9 196.3744 (2) Administration. (a) The department commission shall administer low-income energy assistance as provided in this section to assist an eligible household to meet the costs of home energy with low-income home energy assistance benefits authorized under 42 USC 8621 to 8629.

AB75,103,15 (b) The department commission shall administer a low-income warm room program to install low-income warm room program materials in the dwellings of low-income warm room program volunteers and to train the low-income warm room program volunteers and the members of each low-income warm room program volunteer's household in the operation of the low-income warm room program materials to achieve maximum health and heating efficiency.

AB75, s. 60 Section 60. 16.27 (3) (am) (intro.), 2., 3., 4. and 5. (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), are renumbered 196.3744 (3) (am) (intro.), 2., 3., 4. and 5. (intro.) and amended to read:

AB75,103,21 196.3744 (3) (am) (intro.) Subject to s. 16.54 (2), the department commission shall do all of the following, within the limits of the availability of federal funds received under 42 USC 8621 to 8629:

AB75,103,24 2. By October 1 of every year from the appropriation under s. 20.505 (1) (mb) 20.155 (3) (m), determine the total amount available for payment of heating assistance under sub. (6) and determine the benefit schedule.

AB75,104,3 3. From the appropriation under s. 20.505 (1) (mb) 20.155 (3) (m), allocate $1,100,000 in each federal fiscal year for the department's commission's expenses in administering the funds to provide low-income energy assistance under this section.

AB75,104,7 4. From the appropriation under s. 20.505 (1) 20.155 (3) (n), allocate $2,900,000 in each federal fiscal year for the expenses of a county department, another local governmental agency, or a private nonprofit organization in administering under sub. (4) the funds to provide low-income energy assistance under this section.

AB75,104,8 5. (intro.) From the appropriation under s. 20.505 (1) (mb) 20.155 (3) (m):

AB75, s. 61 Section 61. 16.27 (3) (am) 5. c., f. and g. of the statutes, as affected by 2009 Wisconsin Act .... (this act), are renumbered 196.3744 (3) (am) 5. c., f. and g., and 196.3744 (3) (am) 5. f. and g., as renumbered, are amended to read:

AB75,104,16 196.3744 (3) (am) 5. f. If federal funds received under 42 USC 8621 to 8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, submit a plan of expenditure under s. 16.54 (2) (b) of the funds to the joint committee on finance. The commission may not use the funds unless the committee approves the plan.

AB75,104,19 g. By October 1 of each year, allocate funds budgeted but not spent and any funds remaining from previous fiscal years to heating assistance under sub. (6) or to the weatherization assistance program under s. 16.26 196.3742.

AB75, s. 62 Section 62. 16.27 (3) (intro.), (b), (c), (d) and (e) (intro.) of the statutes are renumbered 16.27 (3) (am) (intro.), 2., 3., 4. and 5. (intro.).

AB75, s. 63 Section 63. 16.27 (3) (bm) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 196.3744 (3) (bm) and amended to read:

AB75,105,7 196.3744 (3) (bm) Subject to s. 16.54 (2), the department commission may, after deducting the costs of administering the program under s. 16.26 196.3742, and within the limits of the availability of federal funds received under 42 USC 8621 to 8629, allocate and transfer from the appropriation under s. 20.505 (1) (mb) 20.155 (3) (m) to the appropriation under s. 20.505 (1) (kn) 20.155 (3) (n), 15% of the moneys received under 42 USC 8621 to 8629 in each federal fiscal year under the priority of maintaining funding for the geographical areas on July 20, 1985, and, if funding is reduced, prorating contracted levels of payment, for the program under s. 16.26 196.3742.

AB75, s. 64 Section 64. 16.27 (3) (e) 1. of the statutes is renumbered 16.27 (3) (bm) and amended to read:

AB75,105,18 16.27 (3) (bm) Allocate Subject to s. 16.54 (2), the department may, after deducting the costs of administering the program under s. 16.26, and within the limits of the availability of federal funds received under 42 USC 8621 to 8629, allocate and transfer from the appropriation under s. 20.505 (1) (mb) to the appropriation under s. 20.505 (1) (kn) (n), 15% of the moneys received under 42 USC 8621 to 8629 in each federal fiscal year under the priority of maintaining funding for the geographical areas on July 20, 1985, and, if funding is reduced, prorating contracted levels of payment, for the weatherization assistance program administered by the department under s. 16.26.

AB75, s. 65 Section 65. 16.27 (3) (e) 3., 6. and 7. of the statutes are renumbered 16.27 (3) (am) 5. c., f. and g., and 16.27 (3) (am) 5. c., as renumbered, is amended to read:

AB75,105,25 16.27 (3) (am) 5. c. Except as provided under subd. 6. 5. f., allocate the balance of funds received under 42 USC 8621 to 8629 in a federal fiscal year, after making the allocations under pars. (c) and (d) and subd. 1. subds. 3. and 4. and par. (bm), for the payment of heating assistance or for the payment of crisis assistance under sub. (6).

AB75, s. 66 Section 66. 16.27 (4) of the statutes is renumbered 196.3744 (4) and amended to read:

AB75,106,9 196.3744 (4) Application procedure. (a) A household may apply after September 30 and before May 16 of any year for heating assistance from the county department under s. 46.215 (1) (n) or 46.22 (1) (b) 4m. a. to e. or from another local governmental agency or a private nonprofit organization with which the department commission contracts to administer the heating assistance program, and shall have the opportunity to do so on a form prescribed by the department commission for that purpose.

AB75,106,14 (b) If by February 1 of any year the number of households applying under par. (a) substantially exceeds the number anticipated, the department commission may reduce the amounts of payments made under sub. (6) made after that date. The department commission may suspend the processing of additional applications received until the department commission adjusts benefit amounts payable.

AB75, s. 67 Section 67. 16.27 (5) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 196.3744 (5).

AB75, s. 68 Section 68. 16.27 (5) (c) of the statutes is amended to read:

AB75,106,21 16.27 (5) (c) A household entirely composed of persons receiving aid to families with dependent children under s. 49.19, food stamps under 7 USC 2011 to 2029 2036, or supplemental security income or state supplemental payments under 42 USC 1381 to 1383c or s. 49.77.

AB75, s. 69 Section 69. 16.27 (5) (e) of the statutes is created to read:

AB75,107,2 16.27 (5) (e) A household that is not eligible under par. (c) that includes at least one person who is eligible for food stamps under 7 USC 2011 to 2036, excluding any household in an institution, as defined by the department of health services by rule. Notwithstanding sub. (6), a household under this paragraph shall be eligible for a heating assistance benefit of not more than $1.

AB75, s. 70 Section 70. 16.27 (6) of the statutes is renumbered 196.3744 (6) and amended to read:

AB75,107,9 196.3744 (6) Benefits. Within the limits of federal funds allocated under sub. (3) and subject to the requirements of sub. subs. (4) (b) and s. 16.54 (2) (b) (6m), heating assistance shall be paid under this section according to a benefit schedule established by the department commission based on household income, family size and energy costs.