AB40-ASA1, s. 3567p 8Section 3567p. 2009 Wisconsin Act 15, section 31 (1) (e) is repealed.
AB40-ASA1, s. 3568 9Section 3568. 2009 Wisconsin Act 333, section 20 (2) is amended to read:
AB40-ASA1,1400,1910[2009 Wisconsin Act 333] Section 20 (2) Publish notice in the Wisconsin
11Administrative Register that funding is not available.
If, after making the
12determination under subsection (1m), the department of children and families
13determines that federal moneys from the Temporary Assistance for Needy Families
14Emergency Fund under the American Recovery and Reinvestment Act of 2009 are
15no longer available to support an expansion of trial jobs under section 49.147 (3) of
16the statutes, as affected by this act, and the project under section 49.162 of the
17statutes, as affected by this act,
the department shall publish a notice in the
18Wisconsin Administrative Register that states the date on which the federal moneys
19may no longer be obtained.
AB40-ASA1, s. 3569 20Section 3569. 2009 Wisconsin Act 333, section 20 (5) is amended to read:
AB40-ASA1,1400,2521[2009 Wisconsin Act 333] Section 20 (5) Additional funding for programs. If
22any other federal funding becomes available for the programs program under
23sections section 49.147 (3) and 49.162 of the statutes, as affected by this act, the
24department of children and families shall take any actions that may be necessary to
25obtain the funding and use it for those programs that program.
AB40-ASA1, s. 3570
1Section 3570. 2009 Wisconsin Act 333, section 22 (2) is amended to read:
AB40-ASA1,1401,62[2009 Wisconsin Act 333] Section 22 (2) The repeal of sections section 49.147 (3)
3(cm) and (dm) and 49.162 (3) (am) and (d) of the statutes and the amendment of
4sections section 49.147 (3) (a) (by Section 4) and 49.162 (3) (a) (by Section 10) of the
5statutes take effect on the date stated in the notice published by the department of
6children and families under Section 20 (2) of this act.
AB40-ASA1, s. 9101 7Section 9101. Nonstatutory provisions; Administration.
AB40-ASA1,1401,8 8(1) Youth diversion grant reductions.
AB40-ASA1,1401,129 (a) Notwithstanding the amount specified under section 16.964 (8) (a) of the
10statutes, the office of justice assistance in the department of administration shall
11reduce the amount of money allocated under section 16.964 (8) (a) of the statutes by
12$85,900 in each of fiscal years 2011-12 and 2012-13.
AB40-ASA1,1401,1613 (b) Notwithstanding the amount specified under section 16.964 (8) (b) of the
14statutes, the office of justice assistance in the department of administration shall
15reduce the amount of money distributed under section 16.964 (8) (b) of the statutes
16by $18,400 in each of fiscal years 2011-12 and 2012-13.
AB40-ASA1,1401,2417 (c) Notwithstanding the amounts specified under section 16.964 (8) (c) of the
18statutes, the office of justice assistance in the department of administration shall
19reduce the amount of money allocated for each of the 4 contracts that are funded with
20moneys from the appropriation accounts under section 20.505 (6) (d) and (kj) of the
21statutes by $25,650 in each of fiscal years 2011-12 and 2012-13 and shall reduce the
22amount of money allocated for the contract that is funded only with moneys from the
23appropriation account under section 20.505 (6) (kj) of the statutes by $18,100 in each
24of fiscal years 2011-12 and 2012-13.
AB40-ASA1,1402,6
1(1u) Energy efficiency study of state-owned buildings. The department of
2administration shall conduct a study concerning the feasibility of installing
3energy-efficient heating, ventilating, and air conditioning systems in state-owned
4buildings to conserve energy and save money. The department shall report its
5findings and recommendations to the members of the joint committee on finance no
6later than December 1, 2011.
AB40-ASA1,1402,14 7(2) Literacy initiative; governor's task force. A task force created by the
8governor by executive order and charged with developing detailed recommendations
9for a program to assess and improve literacy in elementary school children may
10request the department of administration to release funding from the department's
11appropriation account under section 20.505 (4) (c) of the statutes, as created by this
12act, for use by the department to implement the recommendations of the task force
13after the governor has approved the detailed recommendations proposed by the task
14force.
AB40-ASA1,1403,5 15(2u) Cost-benefit analysis for Veterans Home at Chippewa Falls.
16Notwithstanding section 16.705 (1p) of the statutes, as created by this act, the
17department of administration shall conduct a cost-benefit analysis on the initial
18contract for the operation and staffing of the Veterans Home at Chippewa Falls as
19provided by section 45.50 (2m) (c) of the statutes, as created by this act. The analysis
20shall be a comprehensive study to identify and compare the total cost, quality,
21technical expertise, and timeliness of a service performed by state employees and
22resources with the total cost, quality, technical expertise, and timeliness of the same
23service obtained by means of a contract for contractual services. The department of
24administration shall submit the results of the cost-benefit analysis to the joint
25committee on finance by February 1, 2012, or before the department of veterans

1affairs enters into the initial contract for the operation and staffing of the home,
2whichever occurs first. The contract entered into must contain a performance
3guarantee requirement that states that, during the contract period, the Wisconsin
4Veterans Home at Chippewa Falls must maintain an overall star rating that is at
5least equal to four stars.
AB40-ASA1,1403,6 6(3) Elimination of office of the Wisconsin Covenant Scholars Program.
AB40-ASA1,1403,97 (a) Assets and liabilities. On the effective date of this paragraph, the assets and
8liabilities of the office of the Wisconsin Covenant Scholars Program shall become the
9assets and liabilities of the higher educational aids board.
AB40-ASA1,1403,1210 (b) Tangible personal property. On the effective date of this paragraph, all
11tangible personal property, including records, of the office of the Wisconsin Covenant
12Scholars Program is transferred to the higher educational aids board.
AB40-ASA1,1403,1813 (c) Contracts. All contracts entered into by the office of the Wisconsin Covenant
14Scholars Program in effect on the effective date of this paragraph remain in effect
15and are transferred to the higher educational aids board. The higher educational
16aids board shall carry out any obligations under such a contract until the contract
17is modified or rescinded by the higher educational aids board to the extent allowed
18under the contract.
AB40-ASA1,1403,2519 (d) Rules and orders. All rules promulgated by the office of the Wisconsin
20Covenant Scholars Program that are in effect on the effective date of this paragraph
21remain in effect until their specified expiration dates or until amended or repealed
22by the higher educational aids board. All orders issued by the office of the Wisconsin
23Covenant Scholars Program that are in effect on the effective date of this paragraph
24remain in effect until their specified expiration dates or until modified or rescinded
25by the higher educational aids board.
AB40-ASA1,1404,6
1(e) Pending matters. Any matter pending with the office of the Wisconsin
2Covenant Scholars Program on the effective date of this paragraph is transferred to
3the higher educational aids board and all materials submitted to or actions taken by
4the office of the Wisconsin Covenant Scholars Program with respect to the pending
5matter are considered as having been submitted to or taken by the higher
6educational aids board.
AB40-ASA1,1404,9 7(3i) Community partnerships. By January 10, 2012, the department of
8administration shall submit to the joint committee on finance for the approval of that
9committee under section 13.10 of the statutes a plan that includes all of the following:
AB40-ASA1,1404,15 10(a) A plan prepared by the department of public instruction for providing
11funding to community-based nongovernmental organizations for the establishment
12of partnerships with local school districts that center on those organizations
13providing advocacy for students and serving as liaison between families and staff of
14those school districts with the goal of improving educational outcomes and
15promoting and teaching greater self-sufficiency.
AB40-ASA1,1404,21 16(b) A plan prepared by the department of children and families for providing
17funding to community-based nongovernmental organizations for the establishment
18of partnerships with agencies that license foster homes that center on those
19organizations providing advocacy for children and serving as liaison between
20families and staff of those agencies with the goal of improving educational outcomes
21and promoting and teaching greater self-sufficiency.
AB40-ASA1,1405,2 22(4j) Drug offender diversion surcharge fund. The department of
23administration shall submit a plan to the joint committee on finance as to how the
24department will reduce state appropriations by $1,917,900 over the 2011-2013 fiscal

1biennium and lapse the associated funding to the general fund to eliminate the
2deficit in the drug offender diversion surcharge fund.
AB40-ASA1,1405,3 3(4q) Transfer of human resources positions.
AB40-ASA1,1405,104 (a) The secretary of administration shall identify 2.0 FTE PR positions in the
5department of administration having responsibility for human resources functions.
6On the effective date of this subsection, one of the positions so identified, as
7determined by the secretary, is transferred to the state fair park board and the other
8of the positions so identified is transferred to the department of regulation and
9licensing and the incumbent employees in those positions are transferred to the state
10fair park board and the department of regulation and licensing, respectively.
AB40-ASA1,1405,1611 (b) Employees transferred under paragraph (a) have all of the rights and the
12same status under subchapter V of chapter 111 and chapter 230 of the statutes in the
13state fair park board and the department of regulation and licensing that they
14enjoyed in the department of administration immediately before the transfer.
15Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who
16has attained permanent status in class is required to serve a probationary period.
AB40-ASA1,1405,21 17(5q) State building and lease back study. The department of administration
18shall study the feasibility of instituting a program for private construction of
19buildings for the purpose of leasing those buildings to the state. The department
20shall report its findings and recommendations to the members of the joint committee
21on finance no later than December 1, 2011.
AB40-ASA1, s. 9102 22Section 9102. Nonstatutory provisions; Aging and Long-Term Care
Board.
AB40-ASA1, s. 9103 23Section 9103. Nonstatutory provisions; Agriculture, Trade and
Consumer Protection.
AB40-ASA1,1406,10
1(1i) Evaluation of purchase of agricultural conservation easement program.
2The department of agriculture, trade and consumer protection shall evaluate the
3program for the purchase of agricultural conservation easements under section
493.73 of the statutes, including the administration of the program, the source of
5funding for the program, state financial participation, and the amount of local
6matching funds required. The department shall include in its evaluation options for
7a replacement program that would be less costly and more efficient in preserving
8farmland. The department shall report its findings from the evaluation no later than
9June 30, 2012, to the joint committee on finance and to the standing committees in
10each house of the legislature with responsibility for agricultural matters.
AB40-ASA1,1406,14 11(2i) Farmland preservation conversion fees. If a political subdivision collected
12conversion fees under section 91.48 (1) (b), 2009 stats., for land rezoned in 2011, the
13political subdivision shall retain the fees and use them for farmland preservation
14planning, zoning, and compliance monitoring.
AB40-ASA1,1406,20 15"(2u) Condition of segregated funds. The department of agriculture, trade
16and consumer protection shall study and evaluate the condition of the agricultural
17chemical cleanup fund and of the agrichemical management fund and make
18recommendations to correct any structural imbalances that cause authorized
19expenditures to exceed annual revenues of the funds. The department shall submit
20its findings to the joint committee on finance no later than December 31, 2011.
AB40-ASA1,1407,2 21(3q) Grain inspection program report. No later than January 1, 2012, the
22department of agriculture, trade and consumer protection shall report to the joint
23committee on finance on specific actions taken or administrative efforts planned to
24ensure that expenditures for grain inspection under s. 93.06 (1m) do not exceed

1program revenues and to eliminate any amount by which accumulated expenses
2have exceeded accumulated program revenues.
AB40-ASA1, s. 9104 3Section 9104. Nonstatutory provisions; Arts Board.
AB40-ASA1,1407,11 4(1) Elimination of Percent for Art Program. Notwithstanding the repeal of
5section 44.57 (4) and (5) (a) and (b) of the statutes by this act, any contract entered
6into by the arts board under section 44.57 (4), 2009 stats., for the procurement of a
7work of art that is in effect on the day before the effective date of this subsection
8remains in effect. The arts board shall carry out any obligation under the contract,
9unless the contract is modified or rescinded as permitted under the contract, and
10shall ensure that the work of art procured under the contract is properly executed
11and installed as required under section 44.57 (5) (a) and (b), 2009 stats.
AB40-ASA1,1407,1212 (2) Placement of arts board in department of tourism.
AB40-ASA1,1407,1613 (a) Employee transfers. The incumbent executive secretary of the arts board
14and all incumbent employees holding positions in the arts board that are primarily
15related to grants administration, as determined by the secretary of administration,
16are transferred on the effective of this paragraph to the department of tourism.
AB40-ASA1,1407,2217 (b) Employee status. Employees transferred under paragraph (a ) have all the
18rights and the same status under subchapter V of chapter 111 and chapter 230 of the
19statutes in the department of tourism that they enjoyed in the arts board
20immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes,
21no employee so transferred who has attained permanent status in class is required
22to serve a probationary period.
AB40-ASA1, s. 9105 23Section 9105. Nonstatutory provisions; Board for People with
Developmental Disabilities.
AB40-ASA1, s. 9106 24Section 9106. Nonstatutory provisions; Building Commission.
AB40-ASA1,1425,1
1(1) 2011-13 Authorized State Building Program. For the fiscal years
2beginning on July 1, 2011, and ending on June 30, 2013, the Authorized State
3Building Program is as follows: - See PDF for table PDF
AB40-ASA1,1425,22 (2) 2009-11 Authorized State Building Program deletions.
AB40-ASA1,1426,23(a) In 2009 Wisconsin Act 28, section 9106 (1) (c) 1., under projects financed by
4general fund supported borrowing, the 2009-11 Authorized State Building Program

1project identified as "Armory - Wisconsin Rapids" is deleted and the appropriate
2totals are decreased accordingly.
AB40-ASA1,1426,63(b) In 2009 Wisconsin Act 28, section 9106 (1) (c) 3., under projects financed by
4federal funds, the 2009-11 Authorized State Building Program project identified as
5"Armory - Wisconsin Rapids" is deleted and the appropriate totals are decreased
6accordingly.
AB40-ASA1,1426,107(c) In 2009 Wisconsin Act 28, section 9106 (1) (b) 3., under projects financed by
8program revenue supported borrowing, the 2009-11 Authorized State Building
9Program project identified as "Fox Lake Correctional Institution — methane
10digester" is deleted and the appropriate totals are decreased accordingly.
AB40-ASA1,1426,1411 (3) Programs previously authorized. In addition to the projects and financing
12authority enumerated in subsection (1), the building and financing authority
13enumerated in the previous state building program is continued in the 2011-13 fiscal
14biennium.
AB40-ASA1,1426,1915 (4) Loans. During the 2011-13 fiscal biennium, the building commission may
16make loans from general fund supported borrowing or the building trust fund to state
17agencies, as defined in section 20.001 (1) of the statutes, for projects that are to be
18utilized for programs not funded by general purpose revenue and that are authorized
19in subsection (1).
AB40-ASA1,1426,2320 (5) School of Nursing project. Notwithstanding section 18.04 (1) and (2) of
21the statutes, of the public debt authorized for the School of Nursing project, as
22enumerated in subsection (1) (i) 1., $17,413,500 in public debt may not be contracted
23until after June 30, 2013.
AB40-ASA1,1427,224 (6) Health and Human Performance building project. Notwithstanding
25section 18.04 (1) and (2) of the statutes, of the public debt authorized for the Health

1and Human Performance building project, as enumerated in subsection (1) (i) 1.,
2$50,491,000 in public debt may not be contracted until after June 30, 2013.
AB40-ASA1,1427,113 (7) Lac du Flambeau Indian Tribal Cultural Center. Notwithstanding
4section 13.48 (40m) (b) of the statutes, as created by this act, the building commission
5shall not make a grant to the Lac du Flambeau Band of Lake Superior Chippewa for
6construction of a tribal cultural center, as enumerated in subsection (1) (L), under
7section 13.48 (40m) of the statutes, as created by this act, unless the department of
8administration has reviewed and approved plans for the project. Notwithstanding
9sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration
10shall not supervise any services or work or let any contract for the project. Section
1116.87 of the statutes does not apply to the project.
AB40-ASA1,1427,2012 (8) National Soldiers Home Historic District. Notwithstanding section 13.48
13(40p) (b) of the statutes, as created by this act, the building commission shall not
14make a grant to Soldiers Home Foundation, Inc., for construction or restoration of
15veterans facilities, as enumerated in subsection (1) (m), under section 13.48 (40p) of
16the statutes, as created by this act, unless the department of administration has
17reviewed and approved plans for the project. Notwithstanding sections 16.85 (1) and
1816.855 (1) of the statutes, the department of administration shall not supervise any
19services or work or let any contract for the project. Section 16.87 of the statutes does
20not apply to the project.
AB40-ASA1,1428,2 21(9) Facilities maintenance and repair projects. Notwithstanding section
2213.48 (10) (a) of the statutes, as affected by this act, of the amount provided under
23subsection (1) (n) 1. for facilities maintenance and repair, the secretary of
24administration may disburse up to $5,000,000 for needed facilities maintenance and

1repair projects in the 2011-13 fiscal biennium without approval of any projects under
2section 13.48 (10) (a) of the statutes, as affected by this act.
AB40-ASA1, s. 9107 3Section 9107. Nonstatutory provisions; Child Abuse and Neglect
Prevention Board.
AB40-ASA1, s. 9108 4Section 9108. Nonstatutory provisions; Children and Families.
AB40-ASA1,1428,5 5(1) Client Assistance for Reemployment and Economic Support.
AB40-ASA1,1428,116 (a) Positions and employees. On the effective date of this paragraph, 3 positions
7and the incumbent employee or employees, if any, holding those positions in the
8department of children and families performing duties that are primarily related to
9automation security for the Client Assistance for Reemployment and Economic
10Support system, as determined by the secretary of administration, are transferred
11to the department of health services.
AB40-ASA1,1428,1712 (b) Employee status. Any employee transferred under paragraph (a ) has all the
13rights and the same status under subchapter V of chapter 111 and chapter 230 of the
14statutes in the department of health services that he or she enjoyed in the
15department of children and families immediately before the transfer.
16Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who
17has attained permanent status in class is required to serve a probationary period.
AB40-ASA1,1428,18 18(1u) Subsidized guardianships.
AB40-ASA1,1429,2 19(a) Amendment of state plan. The department of children and families shall
20submit to the federal secretary of health and human services an amendment to the
21state plan for foster care and adoption assistance under 42 USC 671 to provide for
22the department and county departments of human services or social services to enter
23into subsidized guardianship agreements under section 48.623 (2) of the statutes, as
24created by this act, under which the department and those county departments

1provide subsidized guardianship payments under section 48.623 (1) of the statutes,
2as created by this act.
AB40-ASA1,1429,8 3(b) Subsidized guardianship training. The department of children and
4families shall include in the plan that under section 48.567 (2) of the statutes the
5department is required to submit to the secretary of administration by September
61, 2011, a proposal for a subsidized guardianship training curriculum and a
7statewide subsidized guardianship training program. That proposal shall include
8an estimate of the cost of providing that training program.
AB40-ASA1,1429,9 9(1v) Child care automated attendance tracking system.
AB40-ASA1,1429,14 10(a) Of the amounts appropriated to the joint committee on finance under
11section 20.865 (4) (m) of the statutes, $1,000,000 in each of fiscal years 2011-12 and
122012-13 is allocated to supplement the appropriation account under section 20.437
13(2) (mc) of the statutes, as affected by this act, for the purpose specified in paragraph
14(b).
AB40-ASA1,1430,6 15(b) By January 1, 2012, the department of children and families shall submit
16to the joint committee on finance a request for that committee to supplement the
17appropriation account under section 20.437 (2) (mc) of the statutes, as affected by
18this act, for the purpose of implementing an automated attendance tracking system
19to electronically record and monitor child care attendance in licensed or certified
20child care facilities that receive reimbursement under the child care subsidy
21program under section 49.155 of the statutes, as affected by this act. That
22department shall include in the request a detailed plan explaining how the system
23would work and how the supplement, if released, would be spent. The joint
24committee on finance, from the appropriation account under section 20.865 (4) (m)
25of the statutes, may supplement the appropriation account under section 20.437 (2)

1(mc) of the statutes, as affected by this act, by an amount that is sufficient to
2implement the system, but not by more than $1,000,000 in each of fiscal years
32011-12 and 2012-13. Notwithstanding section 13.101 (3) (a) of the statutes, the
4joint committee on finance is not required to find that an emergency exists. The joint
5committee on finance may use the process described in paragraph (c) to provide a
6supplement under this paragraph.
AB40-ASA1,1430,14 7(c) If the cochairpersons of the joint committee on finance do not notify the
8department of children and families within 14 working days after the date of the
9submittal of the request under paragraph (b) that the committee has scheduled a
10meeting to review the request, the supplement is approved as requested. If the
11cochairpersons of the joint committee on finance notify the department of children
12and families within 14 working days after the date of that submittal that the
13committee has scheduled a meeting to review the request, the supplement may occur
14only as approved, or as modified and approved, by the committee.
AB40-ASA1,1430,19 15(2c) Rules for waiver under Wisconsin Shares. The department of children
16and families shall submit in proposed form the rules required under section 49.155
17(3m) (d) 4. of the statutes, as created by this act, to the legislative council staff under
18section 227.15 (1) of the statutes no later than the first day of the 4th month
19beginning after the effective date of this subsection.
AB40-ASA1,1430,20 20(2i) Distribution of child support incentive payments.
AB40-ASA1,1431,2 21(a) Review by joint committee on finance. Notwithstanding section 49.24 (2) (a)
22of the statutes, the department of children and families shall develop, and submit to
23the joint committee on finance no later than August 31, 2011, a detailed plan for
24distributing child support incentive payments to counties under section 49.24 of the

1statutes during calendar years 2012 and 2013. The plan shall meet all of the
2following requirements:
AB40-ASA1,1431,4 31. `Basis for distributions.' The plan shall describe the method the department
4used to calculate the distributions to counties under the plan.
AB40-ASA1,1431,7 52. `Across-the-board reduction.' The plan may not be based on
6across-the-board reductions to child support incentive payments made in calendar
7year 2011.
AB40-ASA1,1431,13 83. `Performance standards.' The distribution method under the plan shall
9reward counties that demonstrate proficiency in providing child support
10enforcement services. Under the plan, a county's proficiency level shall be based on
11performance standards determined by the department, including the county's rate,
12per full-time employee, of establishing child support court orders, establishing
13paternity, and collecting current child support.
AB40-ASA1,1431,22 14(b) Implementation of distribution plan. If the cochairpersons of the joint
15committee on finance do not notify the department of children and families that the
16committee has scheduled a meeting for the purpose of reviewing the plan submitted
17under paragraph (a) within 14 working days after the date the plan is submitted, the
18department may implement the plan. If, within 14 working days after the date the
19plan is submitted, the cochairpersons of the committee notify the department that
20the committee has scheduled a meeting for the purpose of reviewing the plan, the
21department may not distribute child support incentive payments after December 31,
222011, unless the distribution is approved by the committee.
AB40-ASA1, s. 9109 23Section 9109. Nonstatutory provisions; Circuit Courts.
AB40-ASA1, s. 9110 24Section 9110. Nonstatutory provisions; Commerce.
AB40-ASA1,1431,25 25(1) Housing assistance transfer.
AB40-ASA1,1432,5
1(a) Assets and liabilities. On the effective date of this paragraph, the assets and
2liabilities of the department of commerce primarily related to the functions of the
3department under subchapter X of chapter 560, 2009 stats., as determined by the
4secretary of administration, shall become the assets and liabilities of the department
5of administration.
AB40-ASA1,1432,106 (b) Tangible personal property. On the effective date of this paragraph, all
7tangible personal property, including records, of the department of commerce that
8is primarily related to the functions of the department under subchapter X of chapter
9560, 2009 stats., as determined by the secretary of administration, is transferred to
10the department of administration.
AB40-ASA1,1432,1711 (c) Contracts. All contracts entered into by the department of commerce in
12effect on the effective date of this paragraph that are primarily related to the
13functions of the department under subchapter X of chapter 560, 2009 stats., as
14determined by the secretary of administration, remain in effect and are transferred
15to the department of administration. The department of administration shall carry
16out any obligations under such a contract until the contract is modified or rescinded
17by the department of administration to the extent allowed under the contract.
AB40-ASA1,1432,21 18(cg) Employee transfers. All positions and all incumbent employees holding
19those positions in the department performing duties primarily related to housing
20programs, as determined by the secretary of administration, are transferred on the
21effective date of this paragraph to the department of administration.
AB40-ASA1,1433,2 22(cr) Employee status. Employees transferred under paragraph (cg) have all the
23rights and the same status under subchapter V of chapter 111 and chapter 230 of the
24statutes in the department of administration that they enjoyed in the department
25of commerce immediately before the transfer. Notwithstanding section 230.28 (4) of

1the statutes, no employee so transferred who has attained permanent status in class
2is required to serve a probationary period.
AB40-ASA1,1433,33 (2u) Transfer of business certification programs.
AB40-ASA1,1433,84 (a) Assets and liabilities. On the effective date of this paragraph, the assets and
5liabilities of the department of commerce primarily related to disabled
6veteran-owned business certifications, woman-owned business certifications, or
7minority business certifications, as determined by the secretary of administration,
8shall become the assets and liabilities of the department of administration.
AB40-ASA1,1433,149 (b) Employee transfers. All positions and all incumbent employees holding
10those positions in the department of commerce performing duties primarily related
11to disabled veteran-owned business certifications, woman-owned business
12certifications, or minority business certifications, as determined by the secretary of
13administration, are transferred on the effective date of this paragraph to the
14department of administration.
AB40-ASA1,1433,2015 (c) Employee status. Employees transferred under paragraph (b) have all the
16rights and the same status under subchapter V of chapter 111 and chapter 230 of the
17statutes in the department of administration that they enjoyed in the department
18of commerce immediately before the transfer. Notwithstanding section 230.28 (4) of
19the statutes, no employee so transferred who has attained permanent status in class
20is required to serve a probationary period.
AB40-ASA1,1434,221 (d) Tangible personal property. On the effective date of this paragraph, all
22tangible personal property, including records, of the department of commerce that
23is primarily related to disabled veteran-owned business certifications,
24woman-owned business certifications, or minority business certifications, as

1determined by the secretary of administration, is transferred to the department of
2administration.
AB40-ASA1,1434,103 (e) Contracts. All contracts entered into by the department of commerce in
4effect on the effective date of this paragraph that are primarily related to disabled
5veteran-owned business certifications, woman-owned business certifications, or
6minority business certifications, as determined by the secretary of administration,
7remain in effect and are transferred to the department of administration. The
8department of administration shall carry out any obligations under such a contract
9until the contract is modified or rescinded by the department of administration to the
10extent allowed under the contract.
AB40-ASA1,1434,1811 (f) Rules and orders. All rules promulgated by the department of commerce
12that relate to disabled veteran-owned business certifications, woman-owned
13business certifications, or minority business certifications, that are in effect on the
14effective date of this subsection, remain in effect until their specified expiration dates
15or until amended or repealed by the department of administration. All orders issued
16by the department of commerce relating to such business certifications that are in
17effect on the effective date of this subsection remain in effect until their specified
18expiration dates or until modified or rescinded by the department of administration.
AB40-ASA1,1435,219 (g) Pending matters. Any matter pending with the department of commerce
20on the effective date of this paragraph that is primarily related to disabled
21veteran-owned business certifications, woman-owned business certifications, or
22minority business certifications, as determined by the secretary of administration,
23is transferred to the department of administration and all materials submitted to or
24actions taken by the department of commerce with respect to the pending matters

1are considered as having been submitted to or taken by the department of
2administration.
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