AB40: Bill Text

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higher educational aids board shall carry out any obligations under such a contract until the contract is modified or rescinded by the higher educational aids board to the extent allowed under the contract.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on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the higher educational aids board.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on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the higher educational aids board.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.

AB40,1288,25 (8) Rural hospital loan guarantee; transfer.

AB40,1289,5 (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 231.35, 2009 stats., as determined by the secretary of administration, is transferred to the department of administration.

AB40,1289,9 (b) Rules. All rules promulgated by the department of commerce under section 231.35 (7), 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 administration.

AB40, s. 9111 Section 9111. Nonstatutory provisions; Corrections.

AB40, s. 9112 Section 9112. Nonstatutory provisions; Court of Appeals.

AB40, s. 9113 Section 9113. Nonstatutory provisions; District Attorneys.

AB40,1289,15 (1) Assistant district attorney salaries. The offices of the district attorneys shall work with the office of state employment relations to allocate the moneys appropriated under section 20.475 (1) (kg) of the statutes, as created by this act.

AB40, s. 9114 Section 9114. Nonstatutory provisions; Educational Communications Board.

AB40, s. 9115 Section 9115. Nonstatutory provisions; Employee Trust Funds.

AB40, s. 9116 Section 9116. Nonstatutory provisions; Employment Relations Commission.

AB40, s. 9117 Section 9117. Nonstatutory provisions; Financial Institutions.

AB40, s. 9118 Section 9118. Nonstatutory provisions; Government Accountability Board.

AB40, s. 9119 Section 9119. Nonstatutory provisions; Governor.

AB40, s. 9120 Section 9120. Nonstatutory provisions; Health and Educational Facilities Authority.

AB40, s. 9121 Section 9121. Nonstatutory provisions; Health Services.

AB40,1290,10 (1) Family Care enrollment. Notwithstanding section 46.286 (3) (a) of the statutes, in a county where the family care benefit, as described in section 46.286 of the statutes, is available on June 20, 2011, or the effective date of this subsection, whichever is later, the department of health services may not enroll more persons in care management organizations, as defined in section 46.2805 (1) of the statutes, to receive the family care benefit than the number of persons receiving the family care benefit in that county on June 20, 2011, or the effective date of this subsection, whichever is later. This subsection does not apply after June 30, 2013.

AB40,1290,11 (2) Family Care Partnership enrollment.

AB40,1290,14 (a) Definition. In this subsection, "family care partnership program" means an integrated health and long-term care program operated under an amendment to the state medical assistance plan, as authorized in 42 USC 1396n (i).

AB40,1290,20 (b) Enrollment. In a county where the family care partnership program is available on June 20, 2011, or the effective date of this paragraph, whichever is later, the department of health services may not enroll more persons in the family care partnership program than the number of persons participating in the family care partnership program in that county on June 20, 2011, or the effective date of this paragraph, whichever is later. This paragraph does not apply after June 30, 2013.

AB40,1291,3 (3) Program for all-inclusive care for the elderly enrollment. In a county that administers the program for all-inclusive care for the elderly under 42 USC 1396u-4 on June 20, 2011, or the effective date of this subsection, whichever is later, the department of health services may not enroll more persons in the program for all-inclusive care for the elderly than the number of persons enrolled in that county on June 20, 2011, or the effective date of this subsection, whichever is later. This subsection does not apply after June 30, 2013.

AB40,1291,5 (4) Self-directed services option to receive long-term care services enrollment.

AB40,1291,9 (a) Definition. In this subsection, the "self-directed services option" means the program operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) that allows participants to self-manage publicly funded long-term care services.

AB40,1291,15 (b) Enrollment. In a county where the self-directed services option is available on June 20, 2011, or the effective date of this paragraph, whichever is later, the department of health services may not enroll more persons in the self-directed services option than the number of persons participating in the self-directed services option in that county on June 20, 2011, or the effective date of this paragraph, whichever is later. This paragraph does not apply after June 30, 2013.

AB40,1291,22 (5) Expansion of Family Care. Beginning on July 1, 2011, and ending on June 30, 2013, the department of health services may not propose to contract with entities to administer the family care benefit, as described in section 46.286 of the statutes, in a county in which the family care benefit is not available on July 1, 2011, unless the department of health services determines that administering the family care benefit in such a county would be more cost-effective than the county's current mechanism for delivering long-term care services.

AB40,1291,24 (6) Transfer of income maintenance administration to income maintenance administration unit.

AB40,1291,25 (a) Definitions. In this subsection:

AB40,1292,2 1. "County" means a county administering income maintenance programs, as defined in section 49.78 (1) (b) of the statutes on the effective date of this subdivision.

AB40,1292,3 2. "Department" means the department of health services.

AB40,1292,5 3. "Income maintenance programs" has the meaning given in section 49.78 (1) (b) of the statutes.