AB40: Bill Text

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.

AB40,9135 Section 9135. Nonstatutory provisions; Public Lands, Board of Commissioners of.

AB40,9136 Section 9136. Nonstatutory provisions; Public Service Commission.

AB40,9137 Section 9137. Nonstatutory provisions; Revenue.

AB40,1027,2 (1) Pressure applied tax stamps. The department of revenue shall study the feasibility of using pressure applied stamps on cigarette packages as an indication of the tax paid under section 139.31 of the statutes and shall submit its findings to the governor no later than June 30, 2014.

AB40,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.

AB40,1027,6 (1) Transfer of regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups.

AB40,1027,16 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services primarily related to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, as determined by the secretary of administration, including any unencumbered moneys from fees the department of safety and professional services has collected from charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, shall become the assets and liabilities of the department of financial institutions.

AB40,1027,23 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services that is primarily related to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, as determined by the secretary of administration, is transferred to the department of financial institutions.

AB40,1028,9 (c) Contracts. All contracts entered into by the department of safety and professional services in effect on the effective date of this paragraph that are primarily related to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, as determined by the secretary of administration, remain in effect and are transferred to the department of financial institutions. The department of financial institutions shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of financial institutions to the extent allowed under the contract.

AB40,1028,16 (d) Employee transfers. On the effective date of this paragraph, all positions, and the incumbent employees who hold those positions, in the department of safety and professional services with duties that are primarily related to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, as determined by the secretary of administration, are transferred to the department of financial institutions.

AB40,1028,22 (e) Employee status. Employees transferred under paragraph (d ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of financial institutions that they enjoyed in the department of safety and professional 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.

AB40,1029,9 (f) Rules and orders. All rules promulgated by the department of safety and professional services that relate to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, 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 financial institutions. All orders issued by the department of safety and professional services relating to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups 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 financial institutions.

AB40,1029,18 (g) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that is primarily related to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, as determined by the secretary of administration, is transferred to the department of financial institutions and all materials submitted to or actions taken by the department of safety and professional services with respect to the pending matters are considered as having been submitted to or taken by the department of financial institutions.

AB40,1029,23 (h) Fees. All fees for initial registrations and renewals of registrations under subchapter IV of chapter 440 of the statutes and under chapter 461 of the statutes that are in effect on the day before the effective date of this paragraph shall remain in effect until modified by the department of financial institutions under section 202.08 of the statutes, as created by this act.

AB40,1030,4 (2) Construction site erosion control. Any matter pending with the department of safety and professional services on the effective date of this subsection that primarily relates to its erosion control responsibilities under section 101.1206, 2011 stats., or section 101.653, 2011 stats., as determined by the secretary of administration, remains the responsibility of the department of safety and professional services.

AB40,1030,5 (3) Regulation of dangerous materials.

AB40,1030,6 (a) Assets and liabilities.

AB40,1030,12 1. Except as provided in subdivision 2., on the effective date of this subdivision, the assets and liabilities of the department of safety and professional services that are determined by the secretary of administration to relate to the storage, use, and handling of flammable or combustible liquids or federally regulated hazardous substances under section 101.09, 2011 stats., become the assets and liabilities of the department of agriculture, trade and consumer protection.

AB40,1030,15 2. The assets and liabilities that are determined by the secretary of administration to relate to the reviewing of plans subject to section SPS 310.100, Wis. Adm. Code, remain with the department of safety and professional services.

AB40,1030,21 (b) Employee transfer. All incumbent employees who hold positions in the department of safety and professional services that the secretary of administration determines relate to the storage, use, and handling of flammable or combustible liquids or federally regulated hazardous substances under section 101.09, 2011 stats., are transferred to the department of agriculture, trade and consumer protection on the effective date of this subdivision.

AB40,1031,3 (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 agriculture, trade and consumer protection that they enjoyed in the department of safety and professional 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.

AB40,1031,4 (d) Tangible personal property.

AB40,1031,10 1. Except as provided in subdivision 2., on the effective date of this subdivision, all tangible personal property, including records, of the department of safety and professional services that the secretary of administration determines relate to the storage, use, and handling of flammable or combustible liquids or federally regulated hazardous substances under section 101.09, 2011 stats., is transferred to the department of agriculture, trade and consumer protection.

AB40,1031,13 2. The tangible property, including records, that is determined by the secretary of administration to relate to the reviewing of plans subject to section SPS 310.100, Wis. Adm. Code, remains with the department of safety and professional services.

AB40,1031,14 (e) Contracts.

AB40,1031,24 1. Except as provided in subdivision 2., all contracts that were entered into by the department of safety and professional services that the secretary of administration determines to relate to the storage, use, and handling of flammable or combustible liquids or federally regulated hazardous substances under section 101.09, 2011 stats., and that are in effect on the effective date of this subdivision remain in effect and are transferred to department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.

AB40,1032,3 2. Any contract that is determined by the secretary of administration to relate to the reviewing of plans subject to section SPS 310.100, Wis. Adm. Code, remains with the department of safety and professional services.

AB40,1032,4 (f) Rules and orders.

AB40,1032,12 1. Except as provided in subdivision 2., all rules promulgated, and all orders issued, by the department of safety and professional services, that are determined by the secretary of administration to relate to the storage, use, and handling of flammable or combustible liquids or federally regulated hazardous substances under section 101.09, 2011 stats., and that are in effect on the effective date of this subdivision shall remain in effect until their specified expiration date or until amended or repealed by the department of agriculture, trade and consumer protection.

AB40,1032,15 2. The rules and orders that are determined by the secretary of administration to relate to reviewing of plans that is subject to section SPS 310.100, Wis. Adm. Code, remain with the department of safety and professional services.

AB40,1032,16 (g) Pending matters.

AB40,1032,25 1. Except as provided in subdivision 2., any matter pending with the department of safety and professional services on the effective date of this subdivision that is determined by the secretary of administration to relate to the storage, use, and handling of flammable or combustible liquids or federally regulated hazardous substances under section 101.09, 2011 stats., is transferred to the department of agriculture, trade and consumer protection, and all materials submitted to or actions taken by the department of safety and professional services with respect to the pending matter are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.

AB40,1033,3 2. Any pending matter that is determined by the secretary of administration to relate to the reviewing of plans that is subject to section SPS 310.100, Wis. Adm. Code remains with the department of safety and professional services.

AB40,1033,4 (4) Petroleum product inspection and storage.

AB40,1033,10 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services, that are determined by the secretary of administration to relate to the storage and inspection of petroleum products under section 101.142, 2011 stats., and chapter 168, 2011 stats., become the assets and liabilities of the department of agriculture, trade and consumer protection.

AB40,1033,15 (b) Employee transfer. All incumbent employees who hold positions in the department of safety and professional services that the secretary of administration determines relate to the storage and inspection of petroleum products under section 101.142, 2011 stats., and chapter 168, 2011 stats., are transferred to the department of agriculture, trade and consumer protection on the effective date of this paragraph.

AB40,1033,22 (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 agriculture, trade and consumer protection that they enjoyed in the department of safety and professional 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.

AB40,1034,3 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services that the secretary of administration determines to relate to the storage and inspection of petroleum products under section 101.142, 2011 stats., and chapter 168, 2011 stats., is transferred to the department of agriculture, trade and consumer protection.

AB40,1034,12 (e) Contracts. All contracts that were entered into by the department of safety and professional services that the secretary of administration determines to relate to the storage and inspection of petroleum products under section 101.142, 2011 stats., and chapter 168, 2011 stats., and that are in effect on the effective date of this paragraph remain in effect and are transferred to department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.

AB40,1034,19 (f) Rules and orders. All rules promulgated, and all orders issued, by the department of safety and professional services, that are determined by the secretary of administration to relate to the storage and inspection of petroleum products under section 101.142, 2011 stats., and chapter 168, 2011 stats., and that are in effect on the effective date of this paragraph shall remain in effect until their specified expiration date or until amended or repealed by the department of agriculture, trade and consumer protection.

AB40,1035,2 (g) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that is determined by the secretary of administration to relate to the storage and inspection of petroleum products under section 101.142, 2011 stats., and chapter 168, 2011 stats., is transferred to the department of agriculture, trade and consumer protection, and all materials submitted to or actions taken by the department of safety and professional services with respect to the pending matter are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.

AB40,1035,3 (5) Transfer of information technology positions.

AB40,1035,7 (a) On the effective date of this paragraph, 10.0 FTE PR positions in the department of safety and professional services having responsibility for information technology, and the incumbent employees holding those positions, identified by the secretary of administration, are transferred to the department of administration.

AB40,1035,14 (b) The employees transferred under paragraph (a) have all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that those employees enjoyed in the department of safety and professional services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, the employees so transferred who have attained permanent status in class may not be required to serve a probationary period.

AB40,1035,15 (6) Diesel truck idling reduction grants.

AB40,1035,20 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services that the secretary of administration determines relate to the awarding and administration of diesel truck idling reduction grants under section 101.45 of the statutes, as affected by this act, become the assets and liabilities of the department of administration.

AB40,1036,2 (b) Employee transfers. All incumbent employees who hold positions in the department of safety and professional services that the secretary of administration determines relate to the awarding and administration of diesel truck idling reduction grants under section 101.45 of the statutes, as affected by this act, are transferred on the effective date of this paragraph to the department of administration.

AB40,1036,8 (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 administration that they enjoyed in the department of safety and professional 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.

AB40,1036,14 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services that the secretary of administration determines relate to the awarding and administration of the diesel truck idling reduction grants under section 101.45 of the statutes, as affected by this act, are transferred to the department of administration.

AB40,1036,22 (e) Contracts. All contracts that were entered into by the department of safety and professional services that the secretary of administration determines relate to the awarding and administration of diesel truck idling reduction grants under section 101.45 of the statutes, as affected by this act, and that are in effect on the effective date of this paragraph remain in effect and are transferred to 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.

AB40,1037,4 (f) Rules and orders. All rules promulgated, and all orders issued, by the department of safety and professional services that the secretary of administration determines relate to the awarding and administration of diesel truck idling reduction grants under section 101.45 of the statutes, as affected by this act, and that are in effect on the effective date of this paragraph shall remain in effect until their specified expiration date or until amended or repealed by the department of administration.

AB40,1037,12 (g) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that the secretary of administration determines relates to the awarding and administration of diesel truck idling reduction grants under section 101.45 of the statutes, as affected by this act, is transferred to the department of administration and all materials submitted to or actions taken by the department of safety and professional services with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB40,1037,13 (7) Transfer of petroleum storage remedial action program.

AB40,1037,18 (a) Assets and liabilities. The assets and liabilities of the department of safety and professional services that the secretary of administration determines to be primarily related to activities under sections 101.143, 101.1435, and 101.144, 2011 stats., become the assets and liabilities of the department of natural resources on the effective date of this paragraph.

AB40,1037,24 (b) Employee transfer. All incumbent employees who hold positions in the department of safety and professional services performing duties that the secretary of administration determines to be primarily related to sections 101.143, 101.1435, and 101.144, 2011 stats., and the full-time equivalent positions held by those employees, are transferred to the department of natural resources on the effective date of this paragraph.

AB40,1038,6 (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 natural resources that they enjoyed in the department of safety and professional 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.

AB40,1038,11 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services that the secretary of administration determines to be primarily related to activities under sections 101.143, 101.1435, and 101.144, 2011 stats., is transferred to the department of natural resources.

AB40,1038,19 (e) Contracts. All contracts that were entered into by the department of safety and professional services that the secretary of administration determines to be primarily related to sections 101.143, 101.1435, and 101.144, 2011 stats., and that are in effect on the effective date of this paragraph remain in effect and are transferred to the department of natural resources. The department of natural resources shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of natural resources to the extent allowed under the contract.

AB40,1038,25 (f) Rules and orders. All rules promulgated, and all orders issued, by the department of safety and professional services that the secretary of administration determines to be primarily related to sections 101.143, 101.1435, and 101.144, 2011 stats., and that are in effect on the effective date of this paragraph, shall remain in effect until their specified expiration date or until amended or repealed by the department of natural resources.

AB40,1039,7 (g) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that the secretary of administration determines to be related to section 101.143, 101.1435, or 101.144, 2011 stats., is transferred to the department of natural resources, and all materials submitted to or actions taken by the department of safety and professional services with respect to the pending matter are considered as having been submitted to or taken by the department of natural resources.

AB40,9139 Section 9139. Nonstatutory provisions; Secretary of State.

AB40,9140 Section 9140. Nonstatutory provisions; State Employment Relations, Office of.

AB40,9141 Section 9141. Nonstatutory provisions; State Fair Park Board.

AB40,9142 Section 9142. Nonstatutory provisions; Supreme Court.

AB40,9143 Section 9143. Nonstatutory provisions; Technical College System.

AB40,1039,14 (1) Transfer of educational approval board to department of safety and professional services.

AB40,1039,19 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the technical college system board primarily related to the functions of the educational approval board, as determined by the secretary of administration, become the assets and liabilities of the department of safety and professional services.

AB40,1039,24 (b) Employee transfers. All incumbent employees holding positions in the technical college system board performing duties primarily related to the functions of the educational approval board, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of safety and professional services.

AB40,1040,6 (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 technical college system 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.

AB40,1040,11 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the technical college system board that is primarily related to the functions of the educational approval board, as determined by the secretary of administration, is transferred to the department of safety and professional services.

AB40,1040,19 (e) Contracts. All contracts entered into by the technical college system in effect on the effective date of this paragraph that are primarily related to the functions of the educational approval board, 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.

AB40,9144 Section 9144. Nonstatutory provisions; Tourism.

AB40,9145 Section 9145. Nonstatutory provisions; Transportation.

AB40,1041,3 (1) Enumerated major highway project recommendation. The transportation projects commission shall examine each enumerated major highway project on which no construction has been performed to determine if the project is appropriate for removal from the list of enumerated major highway projects. No later than January 1, 2016, the transportation projects commission shall present a recommendation to the legislature specifying any projects that are appropriate for removal from the list of enumerated major highway projects.

AB40,1041,4 (2) Transfer of facility design services.

AB40,1041,8 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of transportation 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.

AB40,1041,9 (b) Positions and employees.

AB40,1041,14 1. On the effective date of this subdivision, 1.0 SEG position in the department of transportation 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.

AB40,1041,17 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.

AB40,1041,23 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 transportation 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.

AB40,1042,2 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of transportation that is primarily related to facility design services, as determined by the secretary of administration, is transferred to the department of administration.

AB40,1042,8 (d) Contracts. All contracts entered into by the department of transportation 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.

AB40,1042,14 (e) Pending matters. Any matter pending with the department of transportation 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 transportation with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB40,1042,15 (3) Temporary funding for I 94 project.

AB40,1042,17 (a) In this subsection, "I 94 project" means the reconstruction of I 94 in Milwaukee County from 70th Street to 25th Street.

AB40,1042,23 (b) Notwithstanding sections 84.013 (1) (a) and 84.0145 (3) of the statutes and section 84.0145 (2) of the statutes, as affected by this act, during the 2013-14 fiscal year, the department of transportation may encumber or expend moneys from the appropriation under section 20.395 (3) (bq) of the statutes for preliminary engineering and design work associated with the I 94 project if a record of decision on the project's environmental impact study is issued during the 2013-14 fiscal year.

AB40,1043,5 (c) Notwithstanding sections 84.013 (1) (a) and 84.0145 (3) of the statutes and section 84.0145 (2) of the statutes, as affected by this act, during the 2014-15 fiscal year, the department of transportation may encumber or expend moneys from the appropriation under section 20.395 (3) (bq) of the statutes for preliminary engineering and design work associated with the I 94 project if a record of decision on the project's environmental impact study is issued during the 2013-15 fiscal biennium.

AB40,9146 Section 9146. Nonstatutory provisions; Treasurer.