AB75: Bill Text

AB75,1670,13 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of commerce that is primarily related to the functions of the rural health development council, as determined by the secretary of administration, is transferred to the University of Wisconsin System.

AB75,1670,20 (c) Contracts. All contracts entered into by the department of commerce in effect on the effective date of this paragraph that are primarily related to the functions of the rural health development council, as determined by the secretary of administration, remain in effect and are transferred to the University of Wisconsin System. The University of Wisconsin System shall carry out any obligations under such a contract until the contract is modified or rescinded by the University of Wisconsin System to the extent allowed under the contract.

AB75,1670,21 (4) Physician and dentist loan assistance program transfer.

AB75,1670,25 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to the physician and dentist loan assistance program, as determined by the secretary of administration, shall become the assets and liabilities of the University of Wisconsin System.

AB75,1671,7 (b) Contracts. All contracts entered into by the department of commerce in effect on the effective date of this paragraph that are primarily related to the physician and dentist loan assistance program, as determined by the secretary of administration, remain in effect and are transferred to the University of Wisconsin System. The University of Wisconsin System shall carry out any obligations under such a contract until the contract is modified or rescinded by the University of Wisconsin System to the extent allowed under the contract.

AB75,1671,14 (c) Pending matters. Any matter pending with the department of commerce on the effective date of this paragraph primarily related to the physician and dentist loan assistance program, as determined by the secretary of administration, is transferred to the University of Wisconsin System and all materials submitted to or actions taken by the department of commerce with respect to the pending matter are considered as having been submitted to or taken by the University of Wisconsin System.

AB75,1671,23 (d) Rules and orders. All rules promulgated by the department of commerce primarily related to the physician and dentist loan assistance program, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the University of Wisconsin System. All orders issued by the department of commerce primarily related to the physician and dentist loan assistance program, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the University of Wisconsin System.

AB75,1672,3 (e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of commerce that is primarily related to the physician and dentist loan assistance program, as determined by the secretary of administration, is transferred to the University of Wisconsin System.

AB75,1672,4 (5) Health care provider loan assistance program transfer.

AB75,1672,8 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to the health care provider loan assistance program, as determined by the secretary of administration, shall become the assets and liabilities of the University of Wisconsin System.

AB75,1672,15 (b) Contracts. All contracts entered into by the department of commerce in effect on the effective date of this paragraph that are primarily related to the health care provider loan assistance program, as determined by the secretary of administration, remain in effect and are transferred to the University of Wisconsin System. The University of Wisconsin System shall carry out any obligations under such a contract until the contract is modified or rescinded by the University of Wisconsin System to the extent allowed under the contract.

AB75,1672,22 (c) Pending matters. Any matter pending with the department of commerce on the effective date of this paragraph primarily related to the health care provider loan assistance program, as determined by the secretary of administration, is transferred to the University of Wisconsin System and all materials submitted to or actions taken by the department of commerce with respect to the pending matter are considered as having been submitted to or taken by the University of Wisconsin System.

AB75,1673,6 (d) Rules and orders. All rules promulgated by the department of commerce primarily related to the health care provider loan assistance program, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the University of Wisconsin System. All orders issued by the department of commerce primarily related to the health care provider loan assistance program, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the University of Wisconsin System.

AB75,1673,11 (e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of commerce that is primarily related to the health care provider loan assistance program, as determined by the secretary of administration, is transferred to the University of Wisconsin System.

AB75,1673,21 (6) Jobs tax benefit; emergency rules. The department of commerce may use the procedure under section 227.24 of the statutes to promulgate rules under section 560.2055 (5) (f) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2010, 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 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.

AB75,1674,4 (7) Jobs tax benefit; economic impact report. Notwithstanding sections 227.137 (2) and 227.138 (2) of the statutes, if the secretary of administration requires the department of commerce to prepare an economic impact report for the rules required under section 560.2055 (5) (f) of the statutes, as created by this act, the department may submit the proposed rules to the legislature for review under section 227.19 (2) of the statutes before the department completes the economic impact report and before the department receives a copy of the report and approval under section 227.138 (2) of the statutes.

AB75,1674,14 (8) Forward innovation fund; emergency rules. The department of commerce may use the procedure under section 227.24 of the statutes to promulgate rules under section 560.301 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2010, 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 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.

AB75,1674,22 (9) Forward innovation fund; economic impact report. Notwithstanding sections 227.137 (2) and 227.138 (2) of the statutes, if the secretary of administration requires the department of commerce to prepare an economic impact report for the rules required under section 560.301 of the statutes, as created by this act, the department may submit the proposed rules to the legislature for review under section 227.19 (2) of the statutes before the department completes the economic impact report and before the department receives a copy of the report and approval under section 227.138 (2) of the statutes.

AB75,1674,23 (10) Enforcement; relocation benefits.

AB75,1675,3 (a) Notwithstanding section 32.26 (3) of the statutes, as affected by this act, any actions commenced under section 32.26 (3), 2007 stats., before the effective date of this paragraph may continue under section 32.26 (3), 2007 stats.

AB75,1675,6 (b) Notwithstanding section 32.26 (5) of the statutes, as affected by this act, any petition submitted under section 32.26 (5), 2007 stats., before the effective date of this paragraph may be acted upon under section 32.26 (5), 2007 stats.

AB75, s. 9111 Section 9111. Nonstatutory provisions; Corrections.

AB75, s. 9112 Section 9112. Nonstatutory provisions; Court of Appeals.

AB75, s. 9113 Section 9113. Nonstatutory provisions; District Attorneys.

AB75,1675,14 (1) District attorney position; St. Croix County. From the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration shall expend $82,700 in fiscal year 2009-10 and $84,400 in fiscal year 2010-11 to fund 1.0 assistant district attorney position in St. Croix County.

AB75,1675,19 (2) District attorney position; Chippewa County. From the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration shall expend $24,750 in fiscal year 2009-10 and $25,400 in fiscal year 2010-11 to fund 0.25 assistant district attorney position in Chippewa County.

AB75,1675,24 (3) Prosecution of drug crimes; St. Croix County. From the appropriation account under section 20.455 (2) (kp) of the statutes, as affected by this act, the department of justice shall expend $103,000 in fiscal year 2009-10 and $106,000 in fiscal year 2010-11 to fund 1.0 assistant district attorney position in St. Croix County to prosecute criminal violations of chapter 961 of the statutes.

AB75,1676,9 (4) Prosecution of drug crimes; Milwaukee County. From the appropriation account under section 20.455 (2) (kp) of the statutes, as affected by this act, the department of justice, and from the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration, shall expend $153,250 in fiscal year 2009-10 and $158,250 in fiscal year 2010-11 to fund 2.0 assistant district attorney positions in Milwaukee County to prosecute criminal violations of chapter 961 of the statutes. The department of administration shall determine the amounts to be expended from each appropriation account for each fiscal year.

AB75,1676,17 (5) Prosecution of drug crimes; Dane County. From the appropriation account under section 20.455 (2) (kp) of the statutes, as affected by this act, the department of justice, and from the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration, shall expend $85,000 in fiscal year 2009-10 and $87,500 in fiscal year 2010-11 to fund 0.75 assistant district attorney position in Dane County to prosecute criminal violations of chapter 961 of the statutes. The department of administration shall determine the amounts to be expended from each appropriation account for each fiscal year.

AB75, s. 9114 Section 9114. Nonstatutory provisions; Educational Communications Board.

AB75, s. 9115 Section 9115. Nonstatutory provisions; Employee Trust Funds.

AB75, s. 9116 Section 9116. Nonstatutory provisions; Employment Relations Commission.

AB75, s. 9117 Section 9117. Nonstatutory provisions; Financial Institutions.

AB75, s. 9118 Section 9118. Nonstatutory provisions; Fox River Navigational System Authority.

AB75, s. 9119 Section 9119. Nonstatutory provisions; Government Accountability Board.

AB75, s. 9120 Section 9120. Nonstatutory provisions; Governor.

AB75, s. 9121 Section 9121. Nonstatutory provisions; Health and Educational Facilities Authority.

AB75, s. 9122 Section 9122. Nonstatutory provisions; Health Services.

AB75,1677,5 (1) Transfer of food and hunger prevention programs.

AB75,1677,12 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of children and families that are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of health services.

AB75,1677,20 (b) Employee transfers. The classified positions, and incumbent employees holding positions, in the department of children and families that are funded with general purpose revenue or program revenue and are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, are transferred to the department of health services.

AB75,1678,3 (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 health services that they enjoyed in the department of children and families 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.

AB75,1678,10 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of children and families that is primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, shall be transferred to the department of health services.

AB75,1678,20 (e) Contracts. All contracts entered into by the department of health and family services, before July 1, 2008, or by the department of children and families that are in effect on the effective date of this paragraph and that are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of health services. The department of health services shall carry out any such contractual obligations unless modified or rescinded by the department of health services to the extent allowed under the contract.

AB75,1679,4 (f) Pending matters. Any matter pending with the department of children and families on the effective date of this paragraph that is primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, is transferred to the department of health services and all materials submitted to or actions taken by the department of children and families with respect to the pending matter are considered as having been submitted to or taken by the department of health services.

AB75,1679,19 (g) Rules and orders. All administrative rules that are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 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 health services. All orders issued by the department of health and family services, before July 1, 2008, or by the department of children and families that are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 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 health services.

AB75,1680,4 (2) Personal care provider agency; rules. Using the procedure under section 227.24 of the statutes, the department of health services may promulgate rules establishing criteria for certification of agencies that provide personal care services under the Medical Assistance Program, which shall remain in effect until the date on which permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB75,1680,14 (3) Quality home care; rules. Using the procedure under section 227.24 of the statutes, the department of health services may promulgate rules under section 46.2898 (7) of the statutes, as created by this act, which shall remain in effect until the date on which permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB75,1680,23 (4) Federal Medical Assistance percentages. If permitted under federal law, and notwithstanding section 49.45 (25) and (41) of the statutes, as affected by this act, and section 49.45 (30), (30e), (39) (b), and (45) of the statutes, for Medical Assistance services under section 49.45 (25) and (41) of the statutes, as affected by this act, and section 49.45 (30), (30e), (39) (b), and (45) of the statutes, for which the department of health services disburses to the provider the federal share, or a percentage of the federal share, of allowable costs for providing the service, the percentages used to determine the federal share shall be the following, regardless of whether the federal government increases the percentages:

AB75,1681,2 (a) For services provided during the period from October 1, 2008, through September 30, 2009, the federal Medical Assistance percentages for federal fiscal year 2009 that are published in the federal register on November 28, 2007, on pages 67304 to 67306.

AB75,1681,6 (b) For services provided during the period from October 1, 2009, through December 31, 2010, the federal Medical Assistance percentages for federal fiscal year 2010 that are published in the federal register on November 26, 2008, on pages 72051 to 72053.

AB75, s. 9123 Section 9123. Nonstatutory provisions; Higher Educational Aids Board.

AB75, s. 9124 Section 9124. Nonstatutory provisions; Historical Society.

AB75, s. 9125 Section 9125. Nonstatutory provisions; Housing and Economic Development Authority.

AB75, s. 9126 Section 9126. Nonstatutory provisions; Insurance.

AB75,1681,15 (1) Rules for uniform application. The commissioner of insurance shall submit in proposed form the rules required under section 601.41 (10) (a) 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 12th month beginning after the effective date of this subsection.

AB75, s. 9127 Section 9127. Nonstatutory provisions; Investment Board.

AB75, s. 9128 Section 9128. Nonstatutory provisions; Joint Committee on Finance.

AB75, s. 9129 Section 9129. Nonstatutory provisions; Judicial Commission.

AB75, s. 9130 Section 9130. Nonstatutory provisions; Justice.

AB75, s. 9131 Section 9131. Nonstatutory provisions; Legislature.

AB75,1682,3 (1) Review of Milwaukee public schools. At the direction of the secretary of administration, the legislative reference bureau shall prepare legislation, for introduction during the 2009 legislative session by the Joint Committee on Finance, that addresses the findings of a review of the finances and operations of the Milwaukee Public Schools conducted at the request of the governor and the mayor of Milwaukee.

AB75, s. 9132 Section 9132. Nonstatutory provisions; Lieutenant Governor.

AB75, s. 9133 Section 9133. Nonstatutory provisions; Local Government.

AB75,1682,7 (1) Levy limits. The repeal of 2007 Wisconsin Act 20, sections 1878d and 9441 (6n), applies notwithstanding section 990.03 of the statutes.

AB75, s. 9134 Section 9134. Nonstatutory provisions; Lower Wisconsin State Riverway Board.

AB75, s. 9135 Section 9135. Nonstatutory provisions; Medical College of Wisconsin.

AB75, s. 9136 Section 9136. Nonstatutory provisions; Military Affairs.

AB75, s. 9137 Section 9137. Nonstatutory provisions; Natural Resources.

AB75,1682,12 (1) Clean water fund bonding amounts.

AB75,1682,15 (a) In this subsection, "federal economic stimulus funds" means federal moneys received by the state, pursuant to federal legislation enacted during the 111th Congress for the purpose of reviving the economy of the United States.

AB75,1682,21 (b) Notwithstanding the authority of this state to contract public debt for the purposes of the clean water fund program in the total amount specified under section 20.866 (2) (tc) of the statutes, as affected by this act, the state may not obligate, in fiscal years 2009-10 and 2010-11, a total amount exceeding $697,643,200 unless the department of administration first takes into account any federal economic stimulus funds received for purposes of the clean water fund program.

AB75,1683,8 (2) Hazardous waste fee emergency rules. The department of natural resources may promulgate the rule required under section 289.67 (2) (de) of the statutes, as created by this act, using the procedure under section 227.24 of the statutes before promulgating a permanent rule. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, an emergency rule promulgated under this subsection remains in effect until July 1, 2011, or the date on which the permanent rule takes 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 subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB75, s. 9138 Section 9138. Nonstatutory provisions; Public Defender Board.

AB75, s. 9139 Section 9139. Nonstatutory provisions; Public Instruction.

AB75,1683,11 (1) Calculation of state aid; 2009-11 fiscal biennium.

AB75,1683,17 (a) Notwithstanding sections 121.07 and 121.08 of the statutes, as affected by this act, the department of public instruction shall calculate state aid to school districts under section 121.08 of the statutes for the 2009-10 fiscal year and the 2010-11 fiscal year using the sum of the amount appropriated under section 20.255 (2) (ac) of the statutes and the amount appropriated under section 20.255 (2) (p) of the statutes, as created by this act.

AB75,1684,4 (b) From the amount calculated for each school district under paragraph (a ), the department of public instruction shall subtract the amount of federal moneys that the school district will receive in that fiscal year from the state fiscal stabilization fund allocations that are distributed to school districts as subgrants based on the school districts' relative share of funding under 20 USC 6311 to 6339. If the result is a positive number, the department shall pay that amount to the school district from the appropriation under section 20.255 (2) (ac) of the statutes. If the result is a negative number, the department shall deduct from other state aid payments made to the school district in that fiscal year from the appropriations under section 20.255 (2) of the statutes an amount equal to that amount or the amount of those aids, whichever is less, and add the amount of the deduction to the total amount to be distributed as equalization aid under paragraph (a).

AB75,1684,5 (2) State aid; June 2009.

AB75,1684,12 (a) There is lapsed to the general fund $291,000,000 in the 2008-09 fiscal year from the appropriation account under section 20.255 (2) (ac) of the statutes. Notwithstanding sections 121.07 and 121.08 of the statutes, as affected by this act, the department of public instruction shall use the balance in that appropriation account and $291,000,000 of the amount appropriated in the 2008-09 fiscal year under section 20.255 (2) (p) of the statutes, as created by this act, to make payments to school districts in June 2009 under section 121.15 (1) and (1g) of the statutes.

AB75,1684,25 (b) The department of public instruction shall make the June 2009 payment under paragraph (a) by subtracting from each school district's equalization aid entitlement in June 2009 the amount of federal moneys that the school district will receive in that fiscal year from the state fiscal stabilization fund allocations that are distributed to school districts as subgrants based on the school districts' relative shares of funding under 20 USC 6311 to 6339. If the result is a positive number, the department shall pay that amount to the school district from the appropriation under section 20.255 (2) (ac) of the statutes. If the result is a negative number, the department shall deduct from other state aid payments made to the school district in that fiscal year from the appropriations under section 20.255 (2) of the statutes an amount equal to that amount or the amount of those aids, whichever is less, and add the amount of the deduction to the total amount to be distributed as equalization aid under paragraph (a).

AB75,1685,12 (3) Milwaukee Parental Choice Program fees; rules. By the first day of the 3rd month beginning after the effective date of this subsection, using the procedure under section 227.24 of the statutes, the department of public instruction shall promulgate a rule specifying the amount of the fee under section 119.23 (2) (a) 3. of the statutes, as affected by this act, for the period before the effective date of the permanent rule promulgated specifying the fee 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.

AB75,1685,18 (4) Milwaukee Parental Choice Program fees; fees for the 2009-10 school year. Notwithstanding section 119.23 (2) (a) 3. of the statutes, as affected by this act, each private school participating in the program under section 119.23 of the statutes in the 2009-10 school year shall pay the fee required under section 119.23 (2) (a) 3. of the statutes, as affected by this act, no later than 30 days after the effective date of the rule promulgated under subsection (3 ).

AB75, s. 9140 Section 9140. Nonstatutory provisions; Public Lands, Board of Commissioners of.

AB75, s. 9141 Section 9141. Nonstatutory provisions; Public Service Commission.

AB75, s. 9142 Section 9142. Nonstatutory provisions; Regulation and Licensing.

AB75,1686,3 (1) Medical board support. The secretary of regulation and licensing shall form a dedicated work unit in the department of regulation and licensing to support the work of the medical examining board and the affiliated credentialing boards attached to the medical examining board by performing all aspects of credential processing, examination, and complaint investigation, for any credential issued or renewed under chapter 448 of the statutes.

AB75, s. 9143 Section 9143. Nonstatutory provisions; Revenue.

AB75,1686,12 (1) Emergency rules concerning oil company profits tax. 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.