AB40: Bill Text

AB40,1274,21 977.01 (2) "Public assistance" means relief provided by counties under s. 59.53 (21), Wisconsin works Works under ss. 49.141 to 49.161, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.27, weatherization assistance under s. 16.26, and the food stamp supplemental nutrition assistance program under 7 USC 2011 to 2029 2036.

AB40, s. 3560 Section 3560. 977.05 (4) (jm) of the statutes is amended to read:

AB40,1275,3 977.05 (4) (jm) At the request of an inmate determined by the state public defender to be indigent or upon referral of the department of corrections a court under s. 302.1135 (10) 302.113 (9g) (j), represent the inmate in proceedings for modification of a bifurcated sentence under s. 302.1135 before the earned release review commission 302.113 (9g) before a program review committee and the sentencing court, if the state public defender determines the case should be pursued.

AB40, s. 3561 Section 3561. 978.05 (6) (b) of the statutes is amended to read:

AB40,1275,7 978.05 (6) (b) Enforce the provisions of all general orders of the department of commerce safety and professional services relating to the sale, transportation and storage of explosives.

AB40, s. 3562 Section 3562. 990.01 (7g) of the statutes is amended to read:

AB40,1275,10 990.01 (7g) Fire chief. "Fire chief" or "chief of a fire department" includes the chief of a department under s. 60.553, 61.66, or 62.13 (2e).

AB40, s. 3563 Section 3563. 990.01 (7m) of the statutes is amended to read:

AB40,1275,13 990.01 (7m) Fire department. "Fire department" includes a department under s. 60.553, 61.66, or 62.13 (2e).

AB40, s. 3564 Section 3564. 990.01 (7r) of the statutes is amended to read:

AB40,1275,16 990.01 (7r) Fire fighter. "Fire fighter" includes a person serving under s. 60.553, 61.66, or 62.13 (2e).

AB40, s. 3565 Section 3565. 990.01 (28g) of the statutes is amended to read:

AB40,1275,19 990.01 (28g) Police chief. "Police chief" or "chief of a police department" includes the chief of a department under s. 60.553, 61.66, or 62.13 (2e).

AB40, s. 3566 Section 3566. 990.01 (28m) of the statutes is amended to read:

AB40,1275,22 990.01 (28m) Police department. "Police department" includes a department under s. 60.553, 61.66, or 62.13 (2e).

AB40, s. 3567 Section 3567. 990.01 (28r) of the statutes is amended to read:

AB40,1275,25 990.01 (28r) Police officer. "Police officer" includes a person serving under s. 60.553, 61.66, or 62.13 (2e).

AB40, s. 3568 Section 3568. 2009 Wisconsin Act 333, section 20 (2) is amended to read:

AB40,1276,11 [2009 Wisconsin Act 333] Section 20 (2) Publish notice in the Wisconsin Administrative Register that funding is not available. If, after making the determination under subsection (1m), the department of children and families determines that federal moneys from the Temporary Assistance for Needy Families Emergency Fund under the American Recovery and Reinvestment Act of 2009 are no longer available to support an expansion of trial jobs under section 49.147 (3) of the statutes, as affected by this act, and the project under section 49.162 of the statutes, as affected by this act, the department shall publish a notice in the Wisconsin Administrative Register that states the date on which the federal moneys may no longer be obtained.

AB40, s. 3569 Section 3569. 2009 Wisconsin Act 333, section 20 (5) is amended to read:

AB40,1276,17 [2009 Wisconsin Act 333] Section 20 (5) Additional funding for programs. If any other federal funding becomes available for the programs program under sections section 49.147 (3) and 49.162 of the statutes, as affected by this act, the department of children and families shall take any actions that may be necessary to obtain the funding and use it for those programs that program.

AB40, s. 3570 Section 3570. 2009 Wisconsin Act 333, section 22 (2) is amended to read:

AB40,1276,23 [2009 Wisconsin Act 333] Section 22 (2) The repeal of sections section 49.147 (3) (cm) and (dm) and 49.162 (3) (am) and (d) of the statutes and the amendment of sections section 49.147 (3) (a) (by Section 4) and 49.162 (3) (a) (by Section 10) of the statutes take effect on the date stated in the notice published by the department of children and families under Section 20 (2) of this act.

AB40, s. 9101 Section 9101. Nonstatutory provisions; Administration.

AB40,1276,25 (1) Youth diversion grant reductions.

AB40,1277,4 (a) Notwithstanding the amount specified under section 16.964 (8) (a) of the statutes, the office of justice assistance in the department of administration shall reduce the amount of money allocated under section 16.964 (8) (a) of the statutes by $85,900 in each of fiscal years 2011-12 and 2012-13.

AB40,1277,8 (b) Notwithstanding the amount specified under section 16.964 (8) (b) of the statutes, the office of justice assistance in the department of administration shall reduce the amount of money distributed under section 16.964 (8) (b) of the statutes by $18,400 in each of fiscal years 2011-12 and 2012-13.

AB40,1277,16 (c) Notwithstanding the amounts specified under section 16.964 (8) (c) of the statutes, the office of justice assistance in the department of administration shall reduce the amount of money allocated for each of the 4 contracts that are funded with moneys from the appropriation accounts under section 20.505 (6) (d) and (kj) of the statutes by $25,650 in each of fiscal years 2011-12 and 2012-13 and shall reduce the amount of money allocated for the contract that is funded only with moneys from the appropriation account under section 20.505 (6) (kj) of the statutes by $18,100 in each of fiscal years 2011-12 and 2012-13.

AB40,1277,24 (2) Literacy initiative; governor's task force. A task force created by the governor by executive order and charged with developing detailed recommendations for a program to assess and improve literacy in elementary school children may request the department of administration to release funding from the department's appropriation account under section 20.505 (4) (c) of the statutes, as created by this act, for use by the department to implement the recommendations of the task force after the governor has approved the detailed recommendations proposed by the task force.

AB40,1277,25 (3) Elimination of office of the Wisconsin Covenant Scholars Program.

AB40,1278,3 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of the Wisconsin Covenant Scholars Program shall become the assets and liabilities of the higher educational aids board.

AB40,1278,6 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of the Wisconsin Covenant Scholars Program is transferred to the higher educational aids board.

AB40,1278,12 (c) Contracts. All contracts entered into by the office of the Wisconsin Covenant Scholars Program in effect on the effective date of this paragraph remain in effect and are transferred to the higher educational aids board. The higher educational aids board shall carry out any obligations under such a contract until the contract is modified or rescinded by the higher educational aids board to the extent allowed under the contract.

AB40,1278,19 (d) Rules and orders. All rules promulgated by the office of the Wisconsin Covenant Scholars Program 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 higher educational aids board. All orders issued by the office of the Wisconsin Covenant Scholars Program 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 higher educational aids board.

AB40,1278,25 (e) Pending matters. Any matter pending with the office of the Wisconsin Covenant Scholars Program on the effective date of this paragraph is transferred to the higher educational aids board and all materials submitted to or actions taken by the office of the Wisconsin Covenant Scholars Program with respect to the pending matter are considered as having been submitted to or taken by the higher educational aids board.

AB40,1279,2 (4) Elimination of certain vacant positions in the executive branch of state government.

AB40,1279,4 (a) In this subsection, "state agency" means any office, department, or independent agency in the executive branch of state government.

AB40,1279,9 (b) Notwithstanding section 16.505 (1), during the 2011-13 fiscal biennium, the secretary of administration may abolish any full-time equivalent position at any state agency if the position is vacant and if the secretary of administration determines that filling the position is not required for the state agency to carry out its duties and exercise its powers.

AB40, s. 9102 Section 9102. Nonstatutory provisions; Aging and Long-Term Care Board.

AB40, s. 9103 Section 9103. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

AB40, s. 9104 Section 9104. Nonstatutory provisions; Arts Board.

AB40,1279,20 (1) Elimination of Percent for Art Program. Notwithstanding the repeal of section 44.57 (4) and (5) (a) and (b) of the statutes by this act, any contract entered into by the arts board under section 44.57 (4), 2009 stats., for the procurement of a work of art that is in effect on the day before the effective date of this subsection remains in effect. The arts board shall carry out any obligation under the contract, unless the contract is modified or rescinded as permitted under the contract, and shall ensure that the work of art procured under the contract is properly executed and installed as required under section 44.57 (5) (a) and (b), 2009 stats.

AB40,1279,21 (2) Placement of arts board in department of tourism.

AB40,1279,23 (a) Employee transfers. All incumbent employees holding positions in the arts board are transferred on the effective of this paragraph to the department of tourism.

AB40,1280,6 (b) Employee status. Employees transferred under paragraph (a ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of tourism that they enjoyed in the arts board 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.

AB40, s. 9105 Section 9105. Nonstatutory provisions; Board for People with Developmental Disabilities.

AB40, s. 9106 Section 9106. Nonstatutory provisions; Building Commission.

AB40, s. 9107 Section 9107. Nonstatutory provisions; Child Abuse and Neglect Prevention Board.

AB40, s. 9108 Section 9108. Nonstatutory provisions; Children and Families.

AB40,1280,11 (1) Client Assistance for Reemployment and Economic Support.

AB40,1280,17 (a) Positions and employees. On the effective date of this paragraph, 3 positions and the incumbent employee or employees, if any, holding those positions in the department of children and families performing duties that are primarily related to automation security for the Client Assistance for Reemployment and Economic Support system, as determined by the secretary of administration, are transferred to the department of health services.

AB40,1280,23 (b) Employee status. Any employee transferred under paragraph (a ) has all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of health services that he or she 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.

AB40, s. 9109 Section 9109. Nonstatutory provisions; Circuit Courts.

AB40, s. 9110 Section 9110. Nonstatutory provisions; Commerce.

AB40,1281,3 (1) Housing assistance transfer.

AB40,1281,8 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to the functions of the department under subchapter X of chapter 560, 2009 stats., as determined by the secretary of administration, shall become the assets and liabilities of the Wisconsin Housing and Economic Development Authority.

AB40,1281,13 (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 department under subchapter X of chapter 560, 2009 stats., as determined by the secretary of administration, is transferred to the Wisconsin Housing and Economic Development Authority.

AB40,1281,21 (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 department under subchapter X of chapter 560, 2009 stats., as determined by the secretary of administration, remain in effect and are transferred to the Wisconsin Housing and Economic Development Authority. The Wisconsin Housing and Economic Development Authority shall carry out any obligations under such a contract until the contract is modified or rescinded by the Wisconsin Housing and Economic Development Authority to the extent allowed under the contract.

AB40,1281,22 (2) Transfer of business assistance programs.

AB40,1282,4 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to disabled veteran-owned business certifications, woman-owned business certifications, minority business certifications, women's business initiative corporation grants, small business innovation research assistance grants, or diesel truck idling reduction grants, as determined by the secretary of administration, shall become the assets and liabilities of the department of safety and professional services.

AB40,1282,12 (b) Employee transfers. All positions and all incumbent employees holding those positions in the department of commerce performing duties primarily related to disabled veteran-owned business certifications, woman-owned business certifications, minority business certifications, women's business initiative corporation grants, small business innovation research assistance grants, or diesel truck idling reduction grants, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of safety and professional services.

AB40,1282,18 (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 safety and professional services that they enjoyed in the department of commerce 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.

AB40,1283,2 (d) 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 disabled veteran-owned business certifications, woman-owned business certifications, minority business certifications, women's business initiative corporation grants, small business innovation research assistance grants, or diesel truck idling reduction grants, as determined by the secretary of administration, is transferred to the department of safety and professional services.

AB40,1283,12 (e) Contracts. All contracts entered into by the department of commerce in effect on the effective date of this paragraph that are primarily related to disabled veteran-owned business certifications, woman-owned business certifications, minority business certifications, women's business initiative corporation grants, small business innovation research assistance grants, or diesel truck idling reduction grants, as determined by the secretary of administration, remain in effect and are transferred to the department of safety and professional services. The department of safety and professional services shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of safety and professional services to the extent allowed under the contract.

AB40,1283,23 (f) Rules and orders. All rules promulgated by the department of commerce that relate to disabled veteran-owned business certifications, woman-owned business certifications, minority business certifications, women's business initiative corporation grants, small business innovation research assistance grants, or diesel truck idling reduction grants, that are in effect on the effective date of this subsection, remain in effect until their specified expiration dates or until amended or repealed by the department of safety and professional services. All orders issued by the department of commerce relating to such business certifications or grants that are in effect on the effective date of this subsection remain in effect until their specified expiration dates or until modified or rescinded by the department of safety and professional services.

AB40,1284,8 (g) Pending matters. Any matter pending with the department of commerce on the effective date of this paragraph that is primarily related to disabled veteran-owned business certifications, woman-owned business certifications, minority business certifications, women's business initiative corporation grants, small business innovation research assistance grants, or diesel truck idling reduction grants, as determined by the secretary of administration, is transferred to the department of safety and professional services and all materials submitted to or actions taken by the department of commerce with respect to the pending matters are considered as having been submitted to or taken by the department of safety and professional services.

AB40,1284,10 (3) Transfer of the divisions of safety and buildings and environmental and regulatory services.

AB40,1284,15 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to the functions of the division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, shall become the assets and liabilities of the department of safety and professional services.

AB40,1284,21 (b) Employee transfers. All positions and all incumbent employees holding those positions in the department of commerce performing duties primarily related to the functions of the division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of safety and professional services.

AB40,1285,2 (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 safety and professional services that they enjoyed in the department of commerce 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.

AB40,1285,7 (d) 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 division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, is transferred to the department of safety and professional services.

AB40,1285,15 (e) 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 division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, remain in effect and are transferred to the department of safety and professional services. The department of safety and professional services shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of safety and professional services to the extent allowed under the contract.

AB40,1286,2 (f) Rules and orders. All rules promulgated by the department of commerce that are in effect on the effective date of this paragraph and that are primarily related to the functions of the division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of safety and professional services. All orders issued by the department of commerce that are in effect on the effective date of this paragraph and that are primarily related to the functions of the division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of safety and professional services.

AB40,1286,10 (g) Pending matters. Any matter pending with the department of commerce on the effective date of this paragraph that is primarily related to the functions of the division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, is transferred to the department of safety and professional services and all materials submitted to or actions taken by the department of commerce with respect to the pending matters are considered as having been submitted to or taken by the department of safety and professional services.

AB40,1286,12 (4) Transfer of certain administrative positions from the department of commerce.

AB40,1286,16 (a) The positions, and the incumbent employees holding those positions, in the division of administrative services in the department of commerce that the secretary of administration determines shall be transferred to the department of safety and professional services, are transferred on the effective date of this paragraph.

AB40,1286,22 (b) Employees transferred under paragraph (a) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of safety and professional services that they enjoyed in the department of commerce 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.

AB40,1286,24 (5) Reallocation of funding within the department of safety and professional services.

AB40,1286,25 (a) In this subsection:

AB40,1287,2 1. "Schedule" means the schedule under section 20.005 of the statutes, as affected by this act.

AB40,1287,3 2. "Secretary" means the secretary of administration.

AB40,1287,16 (b) Before July 1, 2013, the secretary may transfer moneys from any appropriation under section 20.165 of the statutes, as affected by this act, to any other appropriation under section 20.165 of the statutes, as affected by this act, and may increase or decrease the amounts shown in the schedule for any appropriation under section 20.165 of the statutes, as affected by this act, if necessary to reallocate funding in accordance with the transfer of functions or personnel from the department of commerce to the department of safety and professional services, except that the secretary may not adjust the amounts shown in the schedule in a manner so that the total amounts appropriated under the adjusted appropriations exceed the total amounts shown in the schedule for those appropriations on the effective date of this act. The secretary shall submit a report to the joint committee on finance before July 1, 2013, that identifies the actions taken by the secretary under this subsection.

AB40,1287,17 (6) Economic development transfer.

AB40,1287,22 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to the functions of the department under subchapters I, II, III, IV, V, VI, VIII, and IX of chapter 560, 2009 stats., as determined by the secretary of administration, shall become the assets and liabilities of the Wisconsin Economic Development Corporation.

AB40,1288,6 (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 department under subchapters I, II, III, IV, V, VI, VIII, and IX of chapter 560, 2009 stats., except the tangible personal property, including records, transferred to the department of agriculture, trade and consumer protection under subsection (7 ) (a) and except the tangible personal property, including records, transferred to the department of administration under subsection (8) (b), as determined by the secretary of administration, is transferred to the Wisconsin Economic Development Corporation.

AB40,1288,14 (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 department under subchapters I, II, III, IV, V, VI, VIII, and IX of chapter 560, 2009 stats., as determined by the secretary of administration, remain in effect and are transferred to the Wisconsin Economic Development Corporation. The Wisconsin Economic Development Corporation shall carry out any obligations under such a contract until the contract is modified or rescinded by the Wisconsin Economic Development Corporation to the extent allowed under the contract.

AB40,1288,15 (7) Dairy manufacturing facility investment credit; transfer.

AB40,1288,20 (a) 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 department of commerce with respect to section 560.207, 2009 stats., as determined by the secretary of administration, is transferred to the department of agriculture, trade and consumer protection.

AB40,1288,24 (b) Rules. All rules promulgated by the department of commerce under section 560.207 (4), 2009 stats., 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 department of agriculture, trade and consumer protection.