AB40: Bill Text

AB40,1292,13 (b) Transition Plan. On the effective date of this paragraph, the department shall begin to transition the administration of the income maintenance programs from counties to the unit. The department shall develop a transition plan that includes a deadline by which each county must transfer to the department all records in the possession of the county that are related to the administration of income maintenance programs.

AB40,1293,2 (c) Delegation of administrative functions to counties. Notwithstanding section 49.78 of the statutes, as affected by this act, before May 1, 2012, the department may delegate some or all of the administrative functions related to income maintenance programs to counties, on a county by county basis. If the department delegates administrative functions related to income maintenance programs to a county, the county shall continue to perform the delegated administrative functions until the department notifies the county that the unit is prepared to assume responsibility for the administrative functions. The department and a county to which the department delegates administrative functions related to income maintenance programs shall enter into a contract relating to the county's administrative functions and reimbursement for the reasonable costs of performing those administrative functions. Reimbursements to counties that continue to administer income maintenance programs shall be considered costs incurred by the unit to administer income maintenance programs.

AB40,1293,3 (7) Elimination of Milwaukee County enrollment services unit.

AB40,1293,9 (a) Date of transfer to unit. The department of health services shall determine when the income maintenance administration unit established under section 49.78 (1m) of the statutes, as created by this act, is prepared to take over income maintenance administration responsibilities in Milwaukee County and shall notify the legislative reference bureau of that date. The legislative reference bureau shall publish a notice in the Wisconsin Administrative Register that specifies that date.

AB40,1293,16 (b) Unreimbursed expenditure. In the calendar year in which the income maintenance program administration unit takes over income maintenance program administration responsibilities in Milwaukee County, Milwaukee County's unreimbursed required minimum expenditure under section 49.825 (2) (d) 2. of the statutes shall be prorated on the basis of the length of time the Milwaukee County enrollment services unit administers the programs under section 49.825 (2) (a) 1. of the statutes.

AB40,1293,17 (8) Food stamp program transfer to department of children and families.

AB40,1294,7 (a) Employee transfers. The classified positions, and incumbent employees holding positions, in the department of health services relating primarily to the food stamp program under section 49.79, 2009 stats., as determined by the secretary of administration, are transferred to the department of children and families. Upon determination of these employees, the secretary of administration may transfer moneys between the general purpose revenue appropriations for the department of health services and the department of children and families, between the program revenue appropriations for the department of health services and the department of children and families, between the program revenue-service appropriations for the department of health services and the department of children and families, between the appropriations of given segregated funds for the department of health services and the department of children and families, and between the federal revenue appropriations for the department of health services and the department of children and families, if necessary to adjust previously allocated costs in accordance with the transfer of personnel and administrative functions.

AB40,1294,13 (b) Employee status. Employees transferred under paragraph (a ) shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of children and families that they enjoyed in the department of health services 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.

AB40,1294,18 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health services that is primarily related to the food stamp program under section 49.79, 2009 stats., as determined by the secretary of administration, shall be transferred to the department of children and families.

AB40,1294,25 (d) Contracts. All contracts entered into by the department of health services in effect on the effective date of this paragraph that are primarily related to the related to the food stamp program under section 49.79, 2009 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of children and families. The department of children and families shall carry out any such contractual obligations unless modified or rescinded by the department of children and families to the extent allowed under the contract.

AB40,1295,7 (e) Pending matters. Any matter pending with the department of health services on the effective date of this paragraph that is primarily related to the food stamp program under section 49.79, 2009 stats., as determined by the secretary of administration, is transferred to the department of children and families and all materials submitted to or actions taken by the department of health services with respect to the pending matter are considered as having been submitted to or taken by the department of children and families.

AB40,1295,17 (f) Rules and orders. All rules promulgated by the department of health services that are primarily related to the food stamp program under section 49.79, 2009 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 children and families. All orders issued by the department of health services that are primarily related to the food stamp program under section 49.79, 2009 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 children and families.

AB40,1296,4 (9) Congenital disorder testing fees; rules. Using the procedure under section 227.24 of the statutes, the department of health services shall promulgate rules required under section 253.13 (2) of the statutes, as affected by this act, for the period before the effective date of the permanent rules promulgated under section 253.13 (2) of the statutes, as affected by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of health services 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.

AB40,1296,16 (10) Patient health care records fees; rules. Using the procedure under section 227.24 of the statutes, the department of health services shall promulgate rules required under sections 146.83 (3f) and 908.03 (6m) (e) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under sections 146.83 (3f) and 908.03 (6m) (e) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c), subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of health services 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.

AB40,1296,21 (11) Prescription drug assistance for elderly eligibility. Notwithstanding section 49.688 (2) of the statutes, as affected by this act, a person who is participating in the program under section 49.688 of the statutes on the effective date of this subsection is not required to comply with section 49.688 (2) (a) 6. of the statutes, as created by this act, before January 1, 2012.

AB40, s. 9122 Section 9122. Nonstatutory provisions; Higher Educational Aids Board.

AB40, s. 9123 Section 9123. Nonstatutory provisions; Historical Society.

AB40, s. 9124 Section 9124. Nonstatutory provisions; Housing and Economic Development Authority.

AB40, s. 9125 Section 9125. Nonstatutory provisions; Insurance.

AB40, s. 9126 Section 9126. Nonstatutory provisions; Investment Board.

AB40, s. 9127 Section 9127. Nonstatutory provisions; Joint Committee on Finance.

AB40, s. 9128 Section 9128. Nonstatutory provisions; Judicial Commission.

AB40, s. 9129 Section 9129. Nonstatutory provisions; Justice.

AB40, s. 9130 Section 9130. Nonstatutory provisions; Legislature.

AB40, s. 9131 Section 9131. Nonstatutory provisions; Lieutenant Governor.

AB40, s. 9132 Section 9132. Nonstatutory provisions; Local Government.

AB40, s. 9133 Section 9133. Nonstatutory provisions; Medical College of Wisconsin.

AB40, s. 9134 Section 9134. Nonstatutory provisions; Military Affairs.

AB40, s. 9135 Section 9135. Nonstatutory provisions; Natural Resources.

AB40,1297,13 (1) Nonpoint source water pollution rules.

AB40,1297,19 (a) The department of natural resources shall promulgate rules under section 281.16 (2) of the statutes that repeal and recreate chapter NR 151, Wisconsin Administrative Code, in effect on the effective date of this subsection. The repealed and recreated rules shall take effect 90 days after the effective date of this paragraph and shall be no more stringent than the requirements under the federal Water Pollution Control Act, 33 USC 1251 to 1387, and regulations adopted under that act.

AB40,1297,20 (b) 1. In this paragraph:

AB40,1297,23 a. "Covered municipality" means a municipality for which the department of natural resources granted coverage under a general permit issued under section 283.35 of the statutes.

AB40,1297,24 b. "Municipality" has the meaning given in section 281.01 (6) of the statutes.

AB40,1298,3 c. "Storm water management program" means a program that requires a covered municipality to achieve a minimum reduction in total suspended solids for runoff from existing development that enters the waters of this state.

AB40,1298,10 2. To the extent allowed under federal law, if the rules promulgated under paragraph (a) establish a deadline by fixing a date by which a covered municipality must develop and implement a storm water management program, the rules shall also provide that the deadline for developing and implementing a storm water management program does not apply to a covered municipality that determines that compliance with the deadline would have a significant adverse economic impact on that municipality.

AB40,1298,11 (2) Commercial construction site erosion control.

AB40,1298,13 (a) In this subsection, "commercial building site" means a building site for construction of public buildings and buildings that are places of employment.

AB40,1298,23 (b) All rules promulgated by the department of natural resources under section 281.33 (3m), 2009 stats., related to erosion control for commercial building sites that are in effect on the effective date of this paragraph, 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 natural resources that are in effect on the effective date of this paragraph and that are primarily related to erosion control for commercial building sites, 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.

AB40,1299,6 (c) Any matter pending with the department of natural resources on the effective date of this paragraph that is primarily related to its commercial building site erosion control responsibilities under section 281.33 (3m), 2009 stats., 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 natural resources with respect to the pending matters are considered as having been submitted to or taken by the department of safety and professional services.

AB40,1299,10 (d) Any delegation of the authority to act under section 281.33 (3m), 2009 stats., made by the department of natural resources to a county, city, village, or town that is in effect on the effective date of this paragraph remains in effect until revoked by the department of safety and professional services.

AB40, s. 9136 Section 9136. Nonstatutory provisions; Public Defender Board.

AB40, s. 9137 Section 9137. Nonstatutory provisions; Public Instruction.

AB40,1299,16 (1) Student information system. The state superintendent shall submit its plan to the governor for the expenditure of moneys appropriated under section 20.255 (1) (e) of the statutes, as created by this act, in the 2011-12 fiscal year by October 1, 2011.

AB40,1299,20 (2) Special adjustment aids. Notwithstanding section 121.105 (2) of the statutes, for state aid distributed in the 2011-12 school year, the department of public instruction shall calculate the aid adjustment under that section using 90 percent instead of 85 percent in section 121.105 (2) (am) 1. and 2. of the statutes.

AB40, s. 9138 Section 9138. Nonstatutory provisions; Public Lands, Board of Commissioners of.

AB40, s. 9139 Section 9139. Nonstatutory provisions; Public Service Commission.

AB40, s. 9140 Section 9140. Nonstatutory provisions; Regulation and Licensing.

AB40,1300,9 (1) Rules and orders. All rules promulgated by the department of regulation and licensing that relate to the licensure of real estate brokers and salespersons or the registration of time-share salespersons 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 real estate examining board. All orders issued by the department of regulation and licensing relating to such licensure or registration 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 real estate examining board.

AB40,1300,17 (2) Pending matters. Any matter pending with the department of regulation and licensing on the effective date of this subsection that is primarily related to the licensure of real estate brokers and salespersons or the registration of time-share salespersons, as determined by the secretary of regulation and licensing, is transferred to the real estate examining board, and all materials submitted to or actions taken by the department of regulation and licensing with respect to the pending matters are considered as having been submitted to or taken by the real estate examining board.

AB40,1300,25 (3) Contracts. All contracts entered into by the department of regulation and licensing in effect on the effective date of this subsection that are primarily related to licensure of real estate brokers and salespersons or the registration of time-share salespersons, as determined by the secretary of regulation and licensing, remain in effect and are transferred to the real estate examining board. The real estate examining board shall carry out any obligations under such a contract until the contract is modified or rescinded by the real estate examining board to the extent allowed under the contract.

AB40,1301,3 (4) Initial appointments. Notwithstanding the lengths of terms specified in section 15.405 (11m) of the statutes, as created by this act, the initial members of the real estate examining board shall be appointed for the following terms:

AB40,1301,5 (a) One real estate broker or salesperson licensed under chapter 452 of the statutes and one public member, for terms expiring on July 1, 2012.

AB40,1301,7 (b) One licensed real estate broker or salesperson licensed under chapter 452 of the statutes and one public member, for terms expiring on July 1, 2013.

AB40,1301,9 (c) Three licensed real estate brokers or salespersons licensed under chapter 452 of the statutes, for terms expiring on July 1, 2014.

AB40, s. 9141 Section 9141. Nonstatutory provisions; Revenue.

AB40, s. 9142 Section 9142. Nonstatutory provisions; Secretary of State.

AB40,1301,13 (1) Transfer of trademark and notary functions to the department of financial institutions; transitional provisions.

AB40,1301,14 (a) Definitions. In this subsection:

AB40,1301,15 1. "Department" means the department of financial institutions.

AB40,1301,16 2. "Office" means the office of the secretary of state.

AB40,1301,19 3. "Relating to the office's trademark or notary functions" means relating to the office's functions and duties under section 137.01, 2009 stats., or chapter 132, 2009 stats.

AB40,1301,22 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office relating to the office's trademark or notary functions shall become the assets and liabilities of the department.

AB40,1301,23 (c) Staff.

AB40,1302,2 1. On the effective date of this subdivision, 1.0 FTE PR position relating to the office's trademark or notary functions and the incumbent employee, identified by the secretary of administration, holding that position in the office are transferred to the department.

AB40,1302,8 2. The employee transferred under subdivision 1 . to the division has all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the division that he or she enjoyed in the office immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, the employee so transferred who has attained permanent status in class is not required to serve a probationary period.

AB40,1302,11 3. On the effective date of this subdivision, the remaining 1.0 FTE PR position of the office relating to the office's trademark or notary functions not transferred under subdivision 1. is deauthorized.

AB40,1302,14 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office relating to the office's trademark or notary functions is transferred to the department.

AB40,1302,19 (e) Contracts. All contracts entered into by the office, in effect on the effective date of this paragraph, relating to the office's trademark or notary functions remain in effect and are transferred to the department. The department shall carry out any obligations under such a contract until the contract is modified or rescinded by the department to the extent allowed under the contract.

AB40,1302,20 (f) Rules and orders.

AB40,1302,24 1. All rules promulgated by the office relating to the office's trademark or notary functions that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the department.

AB40,1303,4 2. All orders issued by the office relating to the office's trademark or notary functions that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until modified or rescinded by the department.

AB40,1303,9 (g) Pending matters. Any matter relating to the office's trademark or notary functions pending with the office on the effective date of this paragraph is transferred to the department, and all materials submitted to or actions taken by the office with respect to the pending matter are considered as having been submitted to or taken by the department.

AB40,1303,14 (h) Department of administration to arbitrate disputes. In the case of disagreement between the secretary of financial institutions and the secretary of state with respect to any matter specified in paragraph (c), (d ), (e), (f), or (g), the department of administration shall determine the matter and shall develop a plan for an orderly transfer.

AB40,1303,16 (2) Transfer of administrative services functions to department of administration.

AB40,1303,20 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of the secretary of state that are primarily related to administrative services, as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

AB40,1303,25 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of the secretary of state that are primarily related to administrative services, as determined by the secretary of administration, shall become the tangible personal property of the department of administration.

AB40,1304,7 (c) Contracts. All contracts entered into by the office of the secretary of state in effect on the effective date of this paragraph that are primarily related to administrative services, as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

AB40,1304,16 (d) Rules and orders. All rules promulgated by the office of the secretary of state in effect on the effective date of this paragraph that are primarily related to administrative services, as determined by the secretary of administration, remain in effect until their specified expiration date or until amended or repealed by the department of administration. All orders issued by the office of the secretary of state in effect on the effective date of this paragraph that are primarily related to administrative services, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the department of administration.

AB40,1304,22 (e) Pending matters. Any matter pending with the office of the secretary of state on the effective date of this paragraph that is primarily related to administrative services, as determined by the secretary of administration, is transferred to the department of administration and all materials submitted to or actions taken by the office of the secretary of state with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB40, s. 9143 Section 9143. Nonstatutory provisions; State Employment Relations, Office of.

AB40, s. 9144 Section 9144. Nonstatutory provisions; State Fair Park Board.

AB40, s. 9145 Section 9145. Nonstatutory provisions; Supreme Court.

AB40, s. 9146 Section 9146. Nonstatutory provisions; Technical College System.

AB40, s. 9147 Section 9147. Nonstatutory provisions; Tourism.

AB40, s. 9148 Section 9148. Nonstatutory provisions; Transportation.

AB40,1305,9 (1) Certificates of title. Notwithstanding chapter 342 of the statutes, as affected by this act, beginning on the effective date of this subsection, the department of transportation may, for 6 months after the effective date of this subsection, issue and deliver certificates of title under applicable provisions of chapter 342 of the statutes that are in effect on the day before the effective date of this subsection.

AB40,1305,15 (2) Mass transit operating aids. In submitting information under section 16.42 of the statutes for purposes of the 2013-15 biennial budget act, the department of transportation shall include recommended changes to the distribution percentages and funding amounts of the urban mass transit operating assistance program under section 85.20 of the statutes, as affected by this act, in response to any changes in federal aid due to the 2010 decennial federal census.

AB40, s. 9149 Section 9149. Nonstatutory provisions; Treasurer.