Amendment ASA1-AB75

AB75-ASA1,1734,25 [2009 Wisconsin Act 15] Section 31 (1) (a) 2. "County department" means the Milwaukee County department of social services under section 49.215 46.215 of the statutes.

AB75-ASA1, s. 3416g Section 3416g. 2009 Wisconsin Act 19, section 12 (2) is repealed.

AB75-ASA1, s. 3416h Section 3416h. 2009 Wisconsin Act 19, section 13 (1) is amended to read:

AB75-ASA1,1735,8 [2009 Wisconsin Act 19] Section 13 (1) Child safety alarms in child care vehicles. Except as provided in subsection (2), this This act first applies to a child care vehicle, as defined in section 48.658 (1) (b) of the statutes, as created by this act, that is used to transport children to or from a child care provider, as defined in section 48.658 (1) (a) of the statutes, as created by this act, on the effective date of this subsection.

AB75-ASA1, s. 3416i Section 3416i. 2009 Wisconsin Act 19, section 13 (2) is repealed.

AB75-ASA1, s. 3416j Section 3416j. 2009 Wisconsin Act 19, section 14 (intro.) is amended to read:

AB75-ASA1,1735,13 [2009 Wisconsin Act 19] Section 14 Effective dates. (intro.) This act takes effect on the first day of the 12th month beginning August 1, 2009, or on the day after publication of the 2009-11 biennial budget act, whichever is later, except as follows:

AB75-ASA1, s. 9101 Section 9101. Nonstatutory provisions; Administration.

AB75-ASA1,1735,15 (1f) Low-income assistance fee.

AB75-ASA1,1735,16 (a) In this subsection:

AB75-ASA1,1735,17 1. "Department" means the department of administration.

AB75-ASA1,1735,19 2. "Electric utility" has the meaning given in section 16.957 (1) (g) of the statutes.

AB75-ASA1,1735,21 3. "Low-income assistance fee" means the fee that electric utilities are required to charge customers under section 16.957 (4) (a) of the statutes.

AB75-ASA1,1736,2 (b) Notwithstanding section 16.957 (4) (c) of the statutes, $9,139,700 shall be added to the amounts collected for low-income assistance fees for a fiscal year under the rules promulgated under section 16.957 (4) (b) of the statutes. The department shall take the actions it determines are necessary to ensure that electric utilities charge customers the additional amounts for low-income assistance fees required under this paragraph.

AB75-ASA1,1736,3 (c) Paragraph (b) applies to fiscal years 2009-10 and 2010-11.

AB75-ASA1,1736,14 (3) Alternatives to prosecution and incarceration for persons who use alcohol or drugs. For each of calendar years 2010 and 2011, the office of justice assistance shall award the county with the highest crime rate among counties having a population of 500,000 or more, as reported by the office, a grant under section 16.964 (12) (b) of the statutes, as affected by this act, in the amount of $371,200 if the county submits to the office by December 1 of the preceding year an application that demonstrates that the county shall use the grant funds to implement a program that satisfies the conditions under section 16.964 (12) (c) of the statutes. Notwithstanding section 16.964 (12) (b) of the statutes, as affected by this act, the office of justice assistance shall make the grant under this subsection from the appropriation under section 20.505 (6) (n) of the statutes.

AB75-ASA1,1736,15 (4) Assess, inform, and measure grant.

AB75-ASA1,1736,21 (a) From the appropriation under section 20.505 (6) (n) of the statutes, the office of justice assistance shall provide the county that has the highest crime rate among counties having a population of 500,000 or more, as reported by the office, $495,000 in each of calendar years 2010 and 2011 to conduct presentencing assessments if the county submits to the office by December 1 of the preceding year a plan that provides for all of the following:

AB75-ASA1,1736,24 1. Identification of a target group of offenders, from among persons who are convicted of a Class F, G, H, or I felony or a misdemeanor, whom the county shall assess.

AB75-ASA1,1737,5 2. Assessment of offenders in the target group to determine the risk that they will commit further crimes, their needs that are directly related to criminal behavior, the likelihood that they will respond positively to community-based treatment for the assessed needs, and an assessment of the availability of community-based treatment programs to serve the offenders.

AB75-ASA1,1737,10 3. Collection and dissemination of information relating to the accuracy of assessments performed, the value and usefulness of information contained in the assessment reports for purposes of making sentencing decisions, the effectiveness of community-based treatment programs in addressing the assessed needs of offenders, and the effect of the treatment programs with respect to recidivism.

AB75-ASA1,1737,11 4. Annual evaluation of the plan.

AB75-ASA1,1737,14 (b) At least 50 percent of the assessments performed by a county with funding provided under this subsection shall be of persons subject to sentencing in connection with a felony.

AB75-ASA1,1737,15 (5) Wisconsin Covenant Scholars Program.

AB75-ASA1,1737,19 (a) Rules. The department of administration shall submit in proposed form the rules required under section 39.437 (5) of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 12th month beginning after the effective date of this paragraph.

AB75-ASA1,1738,4 (b) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of administration may promulgate the rules required under section 39.437 (5) of the statutes, as affected by this act, for the period before the effective date of the permanent rules submitted under paragraph (a ), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of administration is not required to provide evidence that promulgating a rule under this paragraph 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 paragraph.

AB75-ASA1,1738,5 (6) Youth diversion grant reductions.

AB75-ASA1,1738,9 (a) Notwithstanding the amount specified under section 16.964 (8) (a) of the statutes, the office of justice assistance in the department of administration shall reduce the amount of money allocated under section 16.964 (8) (a) of the statutes by $20,400 in each of fiscal years 2009-10 and 2010-11.

AB75-ASA1,1738,18 (b) Notwithstanding the amounts specified under section 16.964 (8) (c) of the statutes, the office of justice assistance in the department of administration shall reduce the amount of money allocated for each of the 4 contracts that are funded with moneys from the appropriation accounts under section 20.505 (1) (kh) of the statutes, as created by this act, and section 20.505 (6) (d) and (kj) of the statutes by $11,800 in each of fiscal years 2009-10 and 2010-11 and shall reduce the amount of money allocated for the contract that is funded only with moneys from the appropriation account under section 20.505 (6) (kj) of the statutes by $9,000 in each of fiscal years 2009-10 and 2010-11.

AB75-ASA1,1738,22 (6f) Grant for juvenile crime prevention. Beginning on January 1, 2011, from the appropriation accounts under section 20.505 (6) (n) or (p) of the statutes, the office of justice assistance in the department of administration shall provide a 3-year grant, totaling $112,500 to the Cops-N-Kids Reading Program in the city of Racine.

AB75-ASA1,1739,4 (6q) Byrne justice assistance grants. The office of justice assistance in the department of administration shall distribute $338,900 in fiscal year 2009-10 and $432,300 in fiscal year 2010-11 of the federal Byrne Justice Assistance Grant awards appropriated under section 20.505 (6) (n) of the statutes to the department of corrections under section 20.410 (1) (kx) of the statutes to expand the earned release program at the Robert E. Ellsworth Correctional Center and the operating while intoxicated program at the Drug Abuse Correctional Center.

AB75-ASA1,1739,6 (8c) Transfer of human resources staff to the office of employment relations.

AB75-ASA1,1739,12 (a) In this subsection, "executive branch state agency" means any office, department, or independent agency in the executive branch of state government, other than the Board of Regents of the University of Wisconsin System, the department of employee trust funds, the department of justice, the investment board, the department of public instruction, the office of the state public defender, and the office of any district attorney.

AB75-ASA1,1739,20 (b) Before July 1, 2011, the secretary of administration may develop a proposal for the consolidation of the human resources functions of executive branch state agencies in the office of state employment relations. The proposal shall specifically identify all authorized FTE positions to executive branch state agencies that are responsible for the performance of human relations functions for those agencies, and shall calculate the number of FTE positions to be transferred to the office of state employment relations to perform the human relations functions for executive branch state agencies and the number of FTE positions to be abolished.

AB75-ASA1,1740,4 (c) If the secretary of administration develops a proposal under paragraph (b), the secretary shall submit the proposal, in writing, to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposal within 14 working days after the date of receipt of the proposal, the secretary may implement the proposal. If, within 14 working days after the date of receipt of the proposal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposal, the secretary may implement the proposal only on approval of the committee.

AB75-ASA1,1740,11 (d) Employees transferred to the office of state employment relations pursuant to a proposal approved under paragraph (c) shall have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the office of state employment relations that they enjoyed in the executive branch state agencies from which they were transferred 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.

AB75-ASA1,1740,16 (e) The authorized FTE positions for the office of state employment relations, funded from the appropriation under section 20.545 (1) (k) of the statutes, as affected by this act, are increased by the number of individuals transferred to the office of state employment relations under paragraph (c), for the purpose of providing human resources services to state agencies. Such positions shall be PR positions.

AB75-ASA1,1740,20 (f) Before July 1, 2011, if any employees are transferred under paragraph (c), the secretary of administration shall submit to the cochairpersons of the joint committee on finance a report on the implementation of the transfer of employees who perform human relations functions to the office of state employment relations.

AB75-ASA1,1740,25 (10) Child advocacy center grant reductions. Notwithstanding the amount specified under section 16.964 (14) (intro.) of the statutes, the office of justice assistance in the department of administration shall reduce the amount of money provided for each of the child advocacy centers listed in section 16.964 (14) (a) to (n) of the statutes by $200 in each of fiscal years 2009-10 and 2010-11.

AB75-ASA1,1741,5 (11x) Generator for the town of Oakland. From the appropriation under section 20.505 (6) (mb) of the statutes, the office of justice assistance shall award a grant of $10,000 to the town of Oakland in Jefferson County in the first fiscal year of the fiscal biennium in which this subsection takes effect for the purchase of an emergency generator.

AB75-ASA1,1741,10 (11y) Rule-making related to traffic stop information collection and analysis. The office of justice assistance in the department of administration shall submit in proposed form the rules required under section 16.964 (16) (b) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than February 1, 2010.

AB75-ASA1,1741,11 (12x) Report related to traffic stop information collection and analysis.

AB75-ASA1,1741,12 (a) In this subsection:

AB75-ASA1,1741,15 1. "Program costs" means the costs to implement and administer the requirements to collect traffic stop information under sections 16.964 (16) and 349.027 of the statutes, as created by this act.

AB75-ASA1,1741,18 2. "System" means an information technology system to implement the traffic stop information collection required under sections 16.964 (16) and 349.027 of the statutes, as created by this act.

AB75-ASA1,1741,20 (b) The secretary of administration shall submit a report to the joint committee on finance addressing all of the following:

AB75-ASA1,1741,21 1. The feasibility of developing the system.

AB75-ASA1,1741,23 2. The estimated initial development costs for the system and how the cost estimates were derived.

AB75-ASA1,1741,25 3. The estimated ongoing costs for the system and how the cost estimates were derived.

AB75-ASA1,1741,26 4. Timelines for development of the system.

AB75-ASA1,1742,5 5. The estimated costs to each participating state and local law enforcement agency, on a one-time and on an ongoing basis, to acquire any necessary system hardware and software, for any necessary communication lines, and for program costs.

AB75-ASA1,1742,12 6. The estimated costs to the office of justice assistance in the department of administration, on a one-time and on an ongoing basis, to acquire any necessary system hardware and software, for system maintenance, for any necessary communication lines, for staffing to compile and analyze the traffic stop information and produce any required reports, for staffing to administer the office's other responsibilities under section 16.964 (16) of the statutes, as created by this act, and for any other program costs.

AB75-ASA1,1742,14 7. Funding sources for the system and program costs sufficient to cover estimated system and program costs.

AB75-ASA1,1742,23 (c) If the cochairpersons of the joint committee on finance do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the report submitted under paragraph (b) within 14 working days after the date that the report is submitted, the report is approved. If, within 14 working days after the date that the report is submitted, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the report submitted under paragraph (b), the report is not approved. System development may not begin prior to the approval of the report, as originally submitted, or as modified by the joint committee on finance.

AB75-ASA1, s. 9102 Section 9102. Nonstatutory provisions; Aging and Long-Term Care Board.

AB75-ASA1, s. 9103 Section 9103. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

AB75-ASA1,1743,14 (1) Emergency rules; weights and measures. The department of agriculture, trade and consumer protection may promulgate rules to establish the initial amount of a fee or surcharge under section 98.16 (3) (intro.) of the statutes, as affected by this act, or sections 98.16 (2m) (a) or (b), 98.224 (2) (c) 1., 2., or 3., 98.245 (7m) (c) 1., 2., or 3., or 98.255 (2) of the statutes, as created by this act, as emergency rules under section 227.24 of the statutes. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until January 1, 2011, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) 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 public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB75-ASA1,1743,19 (2) Vehicle tank meter license surcharge. Notwithstanding section 98.224 (2) (c) 2. of the statutes, as created by this act, the department of agriculture, trade and consumer protection may not collect a surcharge from an applicant who has operated a vehicle tank meter without a license unless the unlicensed operation occurred after the effective date of this subsection.

AB75-ASA1,1744,5 (2f) Purchase of agricultural conservation easement rules. Using the procedure under section 227.24 of the statutes, the department of agriculture, trade and consumer protection may promulgate the rule required under section 93.73 (14) of the statutes, as created by this act, for the period before the effective date of the permanent rule, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. 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 paragraph 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 paragraph.

AB75-ASA1,1744,17 (3) Agricultural and vegetable seed rules. The department of agriculture, trade and consumer protection may use the procedure under section 227.24 of the statutes, to promulgate the rules required under section 94.45 (6) of the statutes, as affected by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until the first day of the 24th month beginning after the effective date of this subsection, or the date on which permanent rules are promulgated, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to determine 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.

AB75-ASA1,1744,22 (3f) Grants for agricultural facilities. During the 2009-11 fiscal biennium, the department of agriculture, trade and consumer protection may do any of the following with the encumbered moneys in the appropriation account under section 20.115 (4) (qm) of the statutes, as affected by this act, notwithstanding the purpose for which the moneys were originally encumbered:

AB75-ASA1,1744,24 (a) Make grants for the construction of soybean crushing facilities with the capacity to process more than 20,000,000 bushels of soybeans per year.

AB75-ASA1,1745,3 (b) Make a grant to a dairy cooperative with headquarters in this state for the construction of additional cheese-making facilities with the capacity to enable the processing of an additional 1,500,000 pounds of milk per day.

AB75-ASA1,1745,5 (c) Make a grant of $200,000 for the manufacturing of anaerobic digesters that are cost-effective for small farms.

AB75-ASA1,1745,6 (d) Make a grant of $200,000 for diversification of cheese-making capabilities.

AB75-ASA1,1745,12 (3g) County and district fair aids. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 2011-13 biennial budget bill, the department of agriculture, trade and consumer protection shall submit information concerning the appropriation under section 20.115 (4) (b) of the statutes as though the amount appropriated for the 2010-11 fiscal year had been $396,000.

AB75-ASA1,1745,19 (4i) Land and water conservation board report. The land and water conservation board, the department of agriculture, trade and consumer protection, and the department of natural resources shall investigate the board's responsibilities and authorities and shall, before January 1, 2010, report, to the governor, the joint committee on finance, and the appropriate standing committees of the legislature, recommendations for changes in those responsibilities and authorities to reflect changes in this state's soil and water programs.

AB75-ASA1, s. 9104 Section 9104. Nonstatutory provisions; Arts Board.

AB75-ASA1, s. 9105 Section 9105. Nonstatutory provisions; Board for People with Developmental Disabilities.

AB75-ASA1, s. 9106 Section 9106. Nonstatutory provisions; Building Commission.

AB75-ASA1,1765,1 (1) 2009-11 Authorized State Building Program. For the fiscal years beginning on July 1, 2009, and ending on June 30, 2011, the Authorized State Building Program is as follows: - See PDF for table

AB75-ASA1,1766,4 (2) Programs previously authorized. In addition to the projects and financing authority enumerated in subsection (1), the building and financing authority enumerated in the previous state building program is continued in the 2009-11 fiscal biennium.

AB75-ASA1,1766,9 (3) Loans. During the 2009-11 fiscal biennium, the building commission may make loans from general fund supported borrowing or the building trust fund to state agencies, as defined in section 20.001 (1) of the statutes, for projects that are to be utilized for programs not funded by general purpose revenue and that are authorized under subsection (1).

AB75-ASA1,1766,10 (4) Adjustment of totals.

AB75-ASA1,1766,13 (a) In the 2005-07 Authorized State Building Program, the appropriate totals are adjusted to reflect the changes made by Sections 3406m, 3406n, and 3406p of this act.

AB75-ASA1,1766,16 (b) In the 2007-09 Authorized State Building Program, the appropriate totals are adjusted to reflect the changes made by and Sections 3409n and 3409p of this act.

AB75-ASA1,1766,17 (5) 2003-05 Authorized State Building Program deletions.

AB75-ASA1,1767,5 (a) In 2003 Wisconsin Act 33, section 9106 (1) (c) 1., under projects financed by general fund supported borrowing for the department of military affairs, the 2003-05 Authorized State Building Program project designated as "Repair and expansion of helicopter parking and taxiways — Madison" is deleted and the appropriate totals are adjusted accordingly.

AB75-ASA1,1767,10 (b) In 2003 Wisconsin Act 33, section 9106 (1) (c) 2., under projects financed by federal funds for the department of military affairs, the 2003-05 Authorized State Building Program project identified as "Repair and expansion of helicopter parking and taxiways — Madison" is deleted and the appropriate totals are adjusted accordingly.

AB75-ASA1,1767,16 (c) In 2003 Wisconsin Act 33, section 9106 (1) (d) 1., under projects financed with existing general fund supported borrowing authority — stewardship property development and local assistance funds for the department of natural resources, the 2003-05 authorized State Building Program project identified as "Rib Mountain State Park water supply system replacement" is deleted and the appropriate totals are adjusted accordingly.

AB75-ASA1,1767,17 (6) 2005-07 Authorized State Building Program deletions.

AB75-ASA1,1767,22 (a) In 2005 Wisconsin Act 25, section 9105 (1) (c) 1., under projects financed by general fund supported borrowing for the department of military affairs, the 2005-07 Authorized State Building Program project identified as "Field maintenance shop renovation/addition — Wausau" is deleted and the appropriate totals are adjusted accordingly.

AB75-ASA1,1768,2 (b) In 2005 Wisconsin Act 25, section 9105 (1) (c) 2., under projects financed by federal funds for the department of military affairs, the 2005-07 Authorized State Building Program project identified as "Field maintenance shop renovation/addition — Wausau" is deleted and the appropriate totals are adjusted accordingly.

AB75-ASA1,1768,8 (c) In 2005 Wisconsin Act 25, section 9105 (1) (h) 1., under projects financed by general fund supported borrowing for the University of Wisconsin System at the University of Wisconsin–Milwaukee, the 2005-07 Authorized State Building Program project identified as "Columbia St. Mary's Columbia campus medical facilities acquisition and remodeling" is deleted and the appropriate totals are adjusted accordingly.

AB75-ASA1,1768,13 (d) In 2005 Wisconsin Act 25, section 9105 (1) (h) 1., under projects financed by general fund supported borrowing for the University of Wisconsin System at the University of Wisconsin–Stevens Point, the 2005-07 Authorized State Building Program project identified as "Waste Management laboratory" is deleted and the appropriate totals are adjusted accordingly.

AB75-ASA1,1768,19 (e) In 2005 Wisconsin Act 25, section 9105 (1) (h) 3., under projects financed by program revenue supported borrowing for the University of Wisconsin system at the University of Wisconsin–Milwaukee, the 2005-07 Authorized State Building Program project identified as "Columbia St. Mary's Columbia campus medical facilities acquisition and remodeling" is deleted and the appropriate totals are adjusted accordingly.

AB75-ASA1,1769,3 (7) Wisconsin Energy Institute. Notwithstanding subsection (1) (g) 1., if the Building Commission determines that this state has received federal funds distributed to this state under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5) to finance the project identified as the "Wisconsin Energy Institute" at the University of Wisconsin–Madison, the amount of the project to be funded from general fund supported borrowing and the amount of the project to be funded from gifts, grants, and other receipts are decreased by equal amounts to offset the total amount of federal funds received by this state under that act for that project, as determined by the commission.

AB75-ASA1,1769,12 (8) AIDS Network, Inc. Notwithstanding section 13.48 (39) (b) of the statutes, as created by this act, the building commission shall not make a grant to the AIDS Network, Inc., for construction and renovation of facilities and purchase of equipment, as enumerated in subsection (1) (h), under section 13.48 (39) of the statutes, as created by this act, unless the department of administration has reviewed and approved plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.

AB75-ASA1,1769,22 (9) AIDS Resource Center of Wisconsin, Inc. Notwithstanding section 13.48 (40) (b) of the statutes, as created by this act, the building commission shall not make a grant to the AIDS Resource Center of Wisconsin, Inc., for construction and renovation of facilities in the cities of Green Bay, Milwaukee, or Kenosha and purchase of equipment, as enumerated in subsection (1) (i), under section 13.48 (40) of the statutes, as created by this act, unless the department of administration has reviewed and approved plans for the project. Notwithstanding section 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.