AB40: Bill Text

AB40,1012,25 1. All contracts entered into by the office of justice assistance in effect on the effective date of this subdivision, except contracts that are primarily related to administering federal homeland security moneys, or are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, remain in effect and are transferred to the department of justice. The department of justice shall carry out any such contractual obligations unless modified or rescinded by the department of justice to the extent allowed under the contract.

AB40,1013,7 2. All contracts entered into by the office of justice assistance in effect on the effective date of this subdivision that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, remain in effect and are transferred to the department of military affairs. The department of military affairs shall carry out any such contractual obligations unless modified or rescinded by the department of military affairs to the extent allowed under the contract.

AB40,1013,14 3. All contracts entered into by the office of justice assistance in effect on the effective date of this subdivision that are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, remain in effect and are transferred to the department of corrections. The department of corrections shall carry out any such contractual obligations unless modified or rescinded by the department of corrections to the extent allowed under the contract.

AB40,1014,9 (f) Pending matters. Any matter pending with the office of justice assistance on the effective date of this paragraph, except matters that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration, is transferred to the department of justice, and all materials submitted to or actions taken by the office of justice assistance with respect to the pending matter are considered as having been submitted to or taken by the department of justice. Any matter pending with the office of justice assistance on the effective date of this paragraph that is primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, is transferred to the department of military affairs, and all materials submitted to or actions taken by the office of justice assistance with respect to the pending matter are considered as having been submitted to or taken by the department of military affairs. Any matter pending with the office of justice assistance on the effective date of this paragraph that is primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, is transferred to the department of corrections, and all materials submitted to or actions taken by the office of justice assistance with respect to the pending matter are considered as having been submitted to or taken by the department of corrections.

AB40,1014,10 (g) Rules and orders.

AB40,1014,21 1. All rules promulgated for the office of justice assistance, except rules that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration, 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 of justice. All orders issued by the office of justice assistance, except orders that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration, 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 of justice.

AB40,1015,7 2. All rules promulgated for the office of justice assistance that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, and 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 of military affairs. All orders issued by the office of justice assistance that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, and 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 of military affairs.

AB40,1015,17 3. All rules promulgated for the office of justice assistance that are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, and 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 of corrections. All orders issued by the office of justice assistance that are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, and 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 of corrections.

AB40,1015,23 (2) General prime contractor contract. When the department of administration develops a contract under section 16.855 (14m) (a) of the statutes, as created by this act, the department shall provide public notice of the contract development, review written comments, and hold at least one public hearing, allowing for testimony. The building commission must approve the contract before the department may use the contract.

AB40,9102 Section 9102. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

AB40,1016,1 (1) Transfer of facility design services.

AB40,1016,6 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of agriculture, trade and consumer protection that are primarily related to facility design services, as determined by the secretary of administration, shall become assets and liabilities of the department of administration.

AB40,1016,7 (b) Positions and employees.

AB40,1016,12 1. On the effective date of this subdivision, 1.0 FED position in the department of agriculture, trade and consumer protection having primary responsibility for facility design services, as determined by the secretary of administration, is transferred to the department of administration and shall become 1.0 PR-S position in the department of administration.

AB40,1016,15 2. The incumbent employee in the position specified in subdivision 1. is transferred on the effective date of this subdivision to the department of administration.

AB40,1016,22 3. The employee transferred under subdivision 2. has all the rights and the same status under subchapter V of chapter 111 of the statutes and chapter 230 of the statutes that the employee enjoyed in the department of agriculture, trade and consumer protection immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, if the employee has attained permanent status in class immediately before the transfer, the employee is not required to serve a probationary period.

AB40,1017,2 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of agriculture, trade and consumer protection that is primarily related to facility design services, as determined by the secretary of administration, is transferred to the department of administration.

AB40,1017,8 (d) Contracts. All contracts entered into by the department of agriculture, trade and consumer protection that are primarily related to facility design services, as determined by the secretary of administration, are transferred to the department of administration. The department of administration shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

AB40,1017,15 (e) Pending matters. Any matter pending with the department of agriculture, trade and consumer protection that is primarily related to facility design services on the effective date of this paragraph is transferred to the department of administration and all materials submitted to and actions taken by the department of agriculture, trade and consumer protection with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB40,9103 Section 9103. Nonstatutory provisions; Arts Board.

AB40,9104 Section 9104. Nonstatutory provisions; Building Commission.

AB40,9105 Section 9105. Nonstatutory provisions; Child Abuse and Neglect Prevention Board.

AB40,9106 Section 9106. Nonstatutory provisions; Children and Families.

AB40,9107 Section 9107. Nonstatutory provisions; Circuit Courts.

AB40,9108 Section 9108. Nonstatutory provisions; Corrections.

AB40,9109 Section 9109. Nonstatutory provisions; Court of Appeals.

AB40,9110 Section 9110. Nonstatutory provisions; District Attorneys.

AB40,9111 Section 9111. Nonstatutory provisions; Educational Communications Board.

AB40,9112 Section 9112. Nonstatutory provisions; Employee Trust Funds.

AB40,1018,3 (1) Position authorizations for the department of employee trust funds.

AB40,1018,18 (a) During the 2013-15 fiscal biennium, the secretary of employee trust funds may request the governor to create or abolish a full-time equivalent position or portion thereof that is funded from revenues deposited in the public employee trust fund if the employee holding the position would perform duties relating to modernizing business processes or integrating information technology systems of the department of employee trust funds. Upon receiving such a request, the governor may approve or modify the request. If the governor proposes to approve or modify the request, the governor shall notify the joint committee on finance in writing of his or her proposed action. If, within 14 working days after the date of the governor's notification, the cochairpersons of the committee do not notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the position changes may be made as proposed by the governor. If the cochairpersons notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the position changes may be made only upon approval of the committee.

AB40,1018,22 (b) If a full-time equivalent position or portion thereof is created under paragraph (a), the appropriation that is used to pay salary and fringe benefit costs for the position is supplemented to cover the salary and fringe benefit costs for the position.

AB40,1019,4 (2) Surcharge for health insurance for use of tobacco products. During 2014 and 2015, the group insurance board, under section 40.03 (6) (cm) of the statutes, as created by this act, shall impose a premium surcharge of $50 a month for health care coverage under sections 40.51 (6) and 40.515 of the statutes, as affected by this act, for eligible employees, as defined in section 40.02 (25) of the statutes, who use tobacco products.

AB40,9113 Section 9113. Nonstatutory provisions; Employment Relations Commission.

AB40,9114 Section 9114. Nonstatutory provisions; Financial Institutions.

AB40,1019,15 (1) Notice in dissolution and revocation proceedings. In addition to posting the notices described in sections 180.1421 (2m) (b), 180.1531 (2m) (b), 181.1421 (2) (b), 181.1531 (2g) (b), 183.09025 (2) (d), and 183.1021 (2g) (b) of the statutes, as affected by this act, the department of financial institutions shall, for 6 months after the effective date of this subsection, publish a monthly class 1 notice under chapter 985 of the statutes in the official state newspaper informing the public that notices described in sections 180.1421 (2m) (b), 180.1531 (2m) (b), 181.1421 (2) (b), 181.1531 (2g) (b), 183.09025 (2) (d), and 183.1021 (2g) (b) of the statutes, as affected by this act, are posted on the department's Internet site.

AB40,9115 Section 9115. Nonstatutory provisions; Government Accountability Board.

AB40,9116 Section 9116. Nonstatutory provisions; Governor.

AB40,9117 Section 9117. Nonstatutory provisions; Health and Educational Facilities Authority.

AB40,9118 Section 9118. Nonstatutory provisions; Health Services.

AB40,1019,20 (1) Eligibility and premiums under the Medical Assistance Purchase Plan.

AB40,1020,4 (a) Notification of federal approval. The department of health services shall request from the federal government approval of the treatment of section 49.472 (3) (a) and (f), (3m), (4) (a) (intro.), 1., 1m., 2. (intro.), 2m., and 3. and (b) (by Sections 1167 and 1168), and (5) of the statutes by this act, and shall notify the legislative reference bureau when each provision is approved. The legislative reference bureau shall publish each notice in the Wisconsin Administrative Register.

AB40,1020,5 (b) Void provisions.

AB40,1020,10 1. Notwithstanding Section 9418 (3) of this act, if, by January 1, 2015, the department of health services has not notified the legislative reference bureau under paragraph (a) that federal approval has been given with respect to the treatment of section 49.472 (4) (b) (by Section 1167 ) of the statutes by this act, that treatment is void.

AB40,1020,15 2. Notwithstanding Section 9418 (3) and (5) of this act, if, by January 1, 2016, the department of health services has not notified the legislative reference bureau under paragraph (a) that federal approval has been given with respect to the treatment of section 49.472 (3) (a) or (f), (3m), (4) (a) (intro.), 1., 1m., 2. (intro.), 2m., or 3. or (b) (by Section 1168 ), or (5) of the statutes by this act, that treatment is void.

AB40,9119 Section 9119. Nonstatutory provisions; Higher Educational Aids Board.

AB40,9120 Section 9120. Nonstatutory provisions; Historical Society.

AB40,9121 Section 9121. Nonstatutory provisions; Housing and Economic Development Authority.

AB40,9122 Section 9122. Nonstatutory provisions; Insurance.

AB40,9123 Section 9123. Nonstatutory provisions; Investment Board.

AB40,9124 Section 9124. Nonstatutory provisions; Joint Committee on Finance.

AB40,9125 Section 9125. Nonstatutory provisions; Judicial Commission.

AB40,9126 Section 9126. Nonstatutory provisions; Justice.

AB40,1021,1 (1) Biological specimen; legislative findings and rules.

AB40,1021,2 (a) Legislative findings.

AB40,1021,9 1. The legislative findings in this paragraph relate exclusively to the treatment in this act of sections 20.455 (2) (jb), 51.20 (13) (cr), 165.76 (1) (am), (as), (av), (aw), (b), (bg), (br), (cr), and (g), (1m), (2m), (2r), (3), and (4), 165.765 (title), (1), (1g), (1m), and (2) (a), (b), and (bm), 165.77 (1) (am), (2) (a) 2. and (b), (2m) (c), (3), (4) (intro.), (a), (am) 1., 2., and 3., and (b), and (7m), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15) (a) 1., 2., and 3. and (b), 970.02 (8), 971.17 (1m) (a), 973.047 (1f), (1m), and (2), and 980.063 (1) (b) and (2) of the statutes.

AB40,1022,5 2. The legislature finds that the state has a compelling interest in the accurate identification of criminal offenders and that there is a critical and urgent need to provide law enforcement officers and agencies with the latest scientific technology available for accurately and expeditiously identifying, apprehending, arresting, and convicting criminal offenders and exonerating individuals wrongly suspected or accused of a crime. The legislature further finds that deoxyribonucleic acid testing allows a more certain and rapid identification of offenders as well as the exoneration of those wrongfully suspected or accused and that deoxyribonucleic acid data banks are an important tool in criminal investigations and in deterring and detecting recidivist acts. The legislature further finds that deoxyribonucleic acid testing at the earliest stages of criminal and juvenile proceedings will help prevent perpetrators from concealing their identities and will prevent time-consuming and expensive investigations of innocent individuals. The legislature further finds that the degree of intrusion on an individual's privacy interests is minimized by the method of collection of the biological sample, by the policy of using only deoxyribonucleic acid sequences not currently associated with any known physical or medical characteristics in the creation of a deoxyribonucleic acid profile, by the limited purposes for which a deoxyribonucleic acid profile may be used under state and federal law, and by the availability of expungement for individuals who are not charged with or convicted of the offenses for which the deoxyribonucleic acid sample was collected.

AB40,1022,10 (b) Rules. The department of justice may, in rules it promulgates under section 165.76 of the statutes, as affected by this act, bring the method to obtain or to submit a biological specimen in conformity with the act of Congress known as the Katie Sepich Enhanced DNA Collection Act of 2012 (HR-6014) to apply for nonsupplanting grant funding under that act.

AB40,1022,11 (2) Youth diversion grant reductions.

AB40,1022,15 (a) Notwithstanding the amount specified under section 165.987 (1) of the statutes, as affected by this act, the department of justice shall reduce the amount of money allocated under section 165.987 (1) of the statutes, as affected by this act, by $85,900 in each of fiscal years 2013-14 and 2014-15.

AB40,1022,19 (b) Notwithstanding the amount specified under section 165.987 (2) of the statutes, as affected by this act, the department of justice shall reduce the amount of money allocated under section 165.987 (2) of the statutes, as affected by this act, by $18,400 in each of fiscal years 2013-14 and 2014-15.

AB40,1023,2 (c) Notwithstanding the amounts specified under section 165.987 (3) of the statutes, as affected by this act, the department of justice shall reduce the amount of money allocated for each of the 4 contracts that are funded with moneys from the appropriation accounts under section 20.455 (2) (cr) and (kj) of the statutes, as affected by this act, by $25,650 in each of fiscal years 2013-14 and 2014-15 and shall reduce the amount of money allocated for the contract that is funded only with moneys from the appropriation account under section 20.455 (2) (kj) of the statutes, as affected by this act, by $18,100 in each of fiscal years 2013-14 and 2014-15.

AB40,9127 Section 9127. Nonstatutory provisions; Legislature.

AB40,9128 Section 9128. Nonstatutory provisions; Lieutenant Governor.

AB40,9129 Section 9129. Nonstatutory provisions; Local Government.

AB40,9130 Section 9130. Nonstatutory provisions; Medical College of Wisconsin.

AB40,9131 Section 9131. Nonstatutory provisions; Military Affairs.

AB40,9132 Section 9132. Nonstatutory provisions; Natural Resources.

AB40,1023,9 (1) Transfer of facility design services.

AB40,1023,13 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of natural resources that are primarily related to facility design services, as determined by the secretary of administration, shall become assets and liabilities of the department of administration.

AB40,1023,14 (b) Positions and employees.

AB40,1023,19 1. On the effective date of this subdivision, 1.0 SEG position in the department of natural resources having primary responsibility for facility design services, as determined by the secretary of administration, is transferred to the department of administration and shall become 1.0 PR-S position in the department of administration.

AB40,1023,22 2. The incumbent employee in the position specified in subdivision 1. is transferred on the effective date of this subdivision to the department of administration.

AB40,1024,3 3. The employee transferred under subdivision 2. has all the rights and the same status under subchapter V of chapter 111 of the statutes and chapter 230 of the statutes that the employee enjoyed in the department of natural resources immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, if the employee attained permanent status in class immediately before the transfer, the employee is not required to serve a probationary period.

AB40,1024,7 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of natural resources that is primarily related to facility design services, as determined by the secretary of administration, is transferred to the department of administration.

AB40,1024,13 (d) Contracts. All contracts entered into by the department of natural resources that are primarily related to facility design services, as determined by the secretary of administration, are transferred to the department of administration. The department of administration shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

AB40,1024,19 (e) Pending matters. Any matter pending with the department of natural resources that is primarily related to facility design services on the effective date of this paragraph is transferred to the department of administration and all materials submitted to and actions taken by the department of natural resources with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB40,1025,5 (2) Bonus deer hunting permit fee rules. The department of natural resources may use the procedure under section 227.24 of the statutes to promulgate rules under sections 29.040 and 29.181 (4) 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 June 30, 2015, or the date on which permanent rules take effect, whichever is sooner. 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 the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB40,1025,16 (3) Deer management assistance program. The department of natural resources may use the procedure under section 227.24 of the statutes to promulgate rules under section 29.020 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 June 30, 2015, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of natural resources is not required to provide evidence that promulgating rules under this subsection as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for rules promulgated under this subsection.

AB40,9133 Section 9133. Nonstatutory provisions; Public Defender Board.

AB40,9134 Section 9134. Nonstatutory provisions; Public Instruction.

AB40,1025,22 (1) Charter school oversight board. Notwithstanding section 15.375 (1) of the statutes, as created by this act, the initial members appointed to the charter school oversight board under section 15.375 (1) (a) of the statutes, as created by this act, shall be appointed as follows:

AB40,1025,25 (a) One member under section 15.375 (1) (a) 1. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2016, and one member shall be appointed for a term expiring on May 1, 2017.

AB40,1026,3 (b) One member under section 15.375 (1) (a) 2. a. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2015, and one member shall be appointed for a term expiring on May 1, 2017.

AB40,1026,5 (c) The member under section 15.375 (1) (a) 2. b. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2016.

AB40,1026,8 (d) One member under section 15.375 (1) (a) 2. c. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2015, and one member shall be appointed for a term expiring on May 1, 2017.

AB40,1026,10 (e) The member under section 15.375 (1) (a) 2. d. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2018.

AB40,1026,13 (f) One member under section 15.375 (1) (a) 3. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2016, and one member shall be appointed for a term expiring on May 1, 2018.

AB40,1026,19 (2) Statewide student data system. By the first day of the 3rd month beginning after the effective date of this subsection, the agencies specified in section 115.297 (1) (a) of the statutes, as affected by this act, shall amend the agreement under section 115.297 (3) of the statutes, or enter into a new agreement under that section, so as to include the department of children and families and the department of workforce development in the agreement.