1997 Wisconsin Act 27

27,5503 Section 5503 . 1995 Wisconsin Act 27, section 9126 (26j) (b) is repealed.

27,5503g Section 5503g. 1995 Wisconsin Act 27, section 9142 (10j) is renumbered 30.92 (4r) of the statutes and amended to read:

30.92 (4r) (title) Recreational boating projects; dam renovation and repair Chair Factory Dam. Of the amounts appropriated under section s. 20.370 (5) (cq) of the statutes, as affected by this act, and before applying the percentages under section 30.92 sub. (4) (b) 6. of the statutes, the department of natural resources shall expend in fiscal year 1995-96 the amount that is necessary for the renovation and repair or the removal of the Chair Factory Dam in Grafton, but the amount shall not exceed $264,000. Notwithstanding section 30.92 sub. (1) (c) of the statutes, the dam project specified under this subsection is a recreational boating facility for the purpose of expending moneys under this subsection. The dam section. This project specified under this subsection is exempt from being need not be placed on the priority list under section 30.92 sub. (3) (a) of the statutes.

27,5503h Section 5503h. 1995 Wisconsin Act 27, section 9148 (3z) (b) is amended to read:

[1995 Wisconsin Act 27] Section 9148 (3z) (b) Any person who holds a permit, license or certificate issued by the department of revenue that expires on or after December 31, 1995, for an activity for which a business tax registration certificate is required on or after January 1, 1996, shall, upon application, be issued at no charge a business tax registration certificate under section 73.03 (50) of the statutes, as created by this act, that expires on a date that is determined by the department of revenue and that is between January 1, 1998, and December 31, 1999.

27,5503m Section 5503m. 1995 Wisconsin Act 92, section 10 (1) is repealed and recreated to read:

[1995 Wisconsin Act 92] Section 10 (1) This act first applies to a person for whom a petition for protective placement under section 55.06 (2) of the statutes is filed on December 16, 1995, except that, for persons protectively placed under chapter 55 of the statutes for whom the petition for protective placement was filed before December 16, 1995, this act first applies to a person for whom a petition under section 55.06 (10) (b) of the statutes or a report concerning a periodic reexamination of the protective placement is filed with a court on the date specified in section 9400 of the 1997-99 biennial budget act.

27,5504 Section 5504 . 1995 Wisconsin Act 113, section 9155 (4m) (title) is renumbered 85.105 (title) of the statutes and amended to read:

85.105 (title) Department Sale of motor vehicle records.

27,5505 Section 5505 . 1995 Wisconsin Act 113, section 9155 (4m) (a) is renumbered 85.105 (1) of the statutes and amended to read:

85.105 (1) Notwithstanding section s. 343.24 (2m) of the statutes, as affected by this act, the department of transportation may contract with a person to periodically furnish that person with any records on computer tape or other electronic media that contain information from files of motor vehicle accidents or uniform traffic citations and which were produced for or developed by the department for purposes related to maintenance of the operating record file data base. The department and the person desiring to contract with the department shall make a good faith effort to negotiate the purchase price for the records to be provided under this paragraph. No record may be furnished under this subsection after June 30, 1997 section.

27,5505g Section 5505g. 1995 Wisconsin Act 113, section 9155 (4m) (b) is renumbered 85.105 (2) (a) of the statutes and amended to read:

85.105 (2) (a) The department of transportation shall, no later than March 1, 1996, submit a report to each member of the joint committee on finance summarizing the terms and conditions of any contract entered into under paragraph (a). If Whenever the department enters into a contract under paragraph (a) after March 1, 1996 sub. (1), the department shall, prior to the next regular quarterly meeting of the joint committee on finance, submit to each member of that committee a report summarizing the terms and conditions of that contract.

27,5505m Section 5505m. 1995 Wisconsin Act 113, section 9155 (4m) (c) is renumbered 85.105 (2) (b) of the statutes and amended to read:

85.105 (2) (b) If, during the period of any contract entered into under paragraph (a) sub. (1), the department determines that the cost of providing operators' records, uniform traffic citations and motor vehicle accident reports under this subsection and section 343.24 (2m) of the statutes, as affected by this act, exceeds has reduced the total revenues received from the sale of those records and operator's records under s. 343.24 (2m), the department shall submit a report to each member of the joint committee on finance summarizing the expenditures and revenues related to the sale of those records under this section and under s. 343.24 (2m).

27,5506 Section 5506. 1995 Wisconsin Act 113, section 9155 (4m) (d) is repealed.

27,5507 Section 5507 . 1995 Wisconsin Act 289, section 275 (6) is amended to read:

[1995 Wisconsin Act 289] Section 275 (6) KINSHIP CARE ASSESSMENTS AND BACKGROUND INVESTIGATIONS. Beginning on July 1, 1996, each county department of human services or social services under sections 46.215, 46.22 and 46.23 of the statutes, when conducting its regularly scheduled reinvestigation under section 49.19 (5) (e) of the statutes of each nonlegally responsible relative who is providing care for a dependent child, as defined in section 49.19 (1) (a) of the statutes, under a program administered by that county department, shall assess and conduct a background investigation of the relative to determine if the relative is eligible to receive kinship care payments under section 48.57 (3m) (am) of the statutes, as created by this act. Immediately after conducting the assessment and background investigation, each county department of human services or social services under section 46.215, 46.22 and 46.23 of the statutes shall end income maintenance payments under section 49.33 of the statutes to the nonlegally responsible relative and, if the relative is determined to be eligible to receive kinship care payments under section 48.57 (3m) (am) of the statutes, as created by this act, the department of industry, labor and job development health and family services shall begin making those kinship care payments or, if the relative is determined eligible to receive foster care payments under section 48.62 (4) of the statutes, the county department shall begin making those foster care payments. Each county department of human services or social services under sections 46.215, 46.22 and 46.23 shall complete all of the assessments and background investigations required under this subsection and shall end all income maintenance payments under section 49.33 of the statutes to those relatives by July 1, 1997 December 31, 1997, or if a county department under section 46.215 of the statutes is unable to complete all of those assessments and background investigations and to end all of those payments by December 31, 1997, the county department shall notify the department of health and family services of that inability and that department shall assist the county department in completing all of those assessments and background investigations and shall require the county department to end those payments by December 31, 1997.

27,5508 Section 5508 . 1995 Wisconsin Act 351, section 41 (1) is amended to read:

[1995 Wisconsin Act 351] Section 41 (1) Reconciliation. Cellular mobile radio telecommunications utilities Persons that provide commercial mobile service and telephone companies that provide basic local exchange service shall reconcile their first payments under subchapter V of chapter 76 of the statutes, as created by this act, to reflect their overpayment or under payment of their final instalment of gross receipts taxes. All other telephone companies shall reconcile their first payments under subchapter IV of chapter 76 of the statutes, as created by this act, to reflect their overpayment or underpayment of their final instalment of gross receipts taxes.

27,5508td Section 5508td. 1995 Wisconsin Act 445, section 8 is repealed.

27,5508tg Section 5508tg. 1995 Wisconsin Act 445, section 10 is repealed.

27,5509m Section 5509m. 1995 Wisconsin Act 445, section 14 is repealed.

27,5510d Section 5510d. 1995 Wisconsin Act 445, section 23 (1) is amended to read:

[1995 Wisconsin Act 445] Section 23 (1) The repeal of sections 14.26 (4m) and 20.395 (5) (qr) of the statutes and the amendment of sections 341.14 (6r) (bm) 1. (by Section 14), (c) (by Section 16) and (e) (by Section 18) and 341.16 (1) (b) (by Section 22) of the statutes take effect on January 1, 1999.

27,5510em Section 5510em. 1995 Wisconsin Act 445, section 23 (2) is amended to read:

[1995 Wisconsin Act 445] Section 23 (2) The repeal of sections 13.101 (3m), 20.525 (1) (k) and (qr), 20.865 (4) (c), 25.40 (2) (b) 20p. and 341.14 (6r) (bg) and (f) 52. of the statutes takes effect on July 1, 1999.

27,5510j Section 5510j. 1995 Wisconsin Act 453, section 5g is repealed.

27,5510n Section 5510n. 1995 Wisconsin Act 453, section 12 (1) (b) is repealed.

27,5510s Section 5510s. 1997 Wisconsin Act 4, section 4 (1) (a) is amended to read:

[1997 Wisconsin Act 4] Section 4 (1) (a) Notwithstanding 1995 Wisconsin Act 27, section 9126 (23) and (26v), the department of corrections may, from July 1, 1997, until July 1, 1998 1999, operate the juvenile secured correctional facility authorized under 1995 Wisconsin Act 27, section 9126 (26v), as a state prison named in section 302.01 of the statutes, as affected by this act, for the placement of prisoners, as defined in section 301.01 (2) of the statutes, who are young adults not more than 21 years of age and who are not violent offenders, as determined by the department of corrections.

27,9101 Section 9101. Nonstatutory provisions; administration.

(1) Transfer of land information functions.

(a) Employe transfers. All incumbent employes holding positions with the land information board are transferred on the effective date of this paragraph to the department of administration.

(b) Employe status. Employes transferred under paragraph (a) 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 with the land information board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

(1c) Supplemental title fee matching. Notwithstanding section 20.855 (4) (f) of the statutes, as created by this act, the transfer of funds from the general fund to the environmental fund in an amount equal to the amount of supplemental title fees collected under section 342.14 (3m) of the statutes, as affected by this act, for 1997 shall be made no later than October 15, 1997, or the 15th day after the date on which certification is made under Section 9149 (1c) of this act, whichever is later.

(2) Wisconsin land council. Notwithstanding the length of term specified in section 15.107 (16) (d) of the statutes, as created by this act, the initial terms of 3 of the members appointed under section 15.107 (16) (b) 8. to 13. of the statutes, as created by this act, shall expire on July 1, 2000, the initial terms of 3 other members so appointed shall expire on July 1, 2001, and the initial terms of 3 other members so appointed shall expire on July 1, 2002.

(3) Prosecution of drug crimes; Milwaukee County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (g) of the statutes, as affected by this act, and section 20.505 (6) (pb) of the statutes, the department shall expend $253,200 in fiscal year 1997-98 and $256,500 in fiscal year 1998-99 to provide the multi-jurisdictional enforcement group serving Milwaukee County with funding for 3 assistant district attorneys to prosecute criminal violations of chapter 961 of the statutes, as affected by this act. The funding is not subject to the grant procedure under section 16.964 (2m) of the statutes.

(4) Prosecution of drug crimes; Dane County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (g) of the statutes, as affected by this act, and section 20.505 (6) (pb) of the statutes, the department shall expend $81,600 in fiscal year 1997-98 and $84,900 in fiscal year 1998-99 to provide the multi-jurisdictional enforcement group serving Dane County with funding for one assistant district attorney to prosecute criminal violations of chapter 961 of the statutes as affected by this act. The funding is not subject to the grant procedure under section 16.964 (2m) of the statutes.

(4t)  Transfer of sentencing commission records. The department of administration shall transfer all records of the sentencing commission to the director of state courts as soon as possible after September 1, 1997, or the effective date of this subsection, whichever is later.

(6) District attorneys for prosecution of sexually violent persons commitment cases. Of the authorized FTE positions for the department of administration for assistant district attorneys under sections 978.03 and 978.04 of the statutes, 2.0 GPR project positions shall be used for the period ending on June 30, 1999, to provide one assistant district attorney for Brown County and one assistant district attorney for Milwaukee County, to file and prosecute proceedings under chapter 980 of the statutes, as affected by this act, in any prosecutorial unit, as defined in section 978.001 (2) of the statutes, in this state.

(7) Information concerning sexually violent person commitment cases.

(a) In any case in which the district attorney files a sexually violent person petition under section 980.02 (1) (b) of the statutes, as affected by this act, on or after the effective date of this paragraph but before July 1, 1999, the district attorney shall maintain a record of the amount of time spent by the district attorney and by any deputy district attorneys or assistant district attorneys doing all of the following:

1. Prosecuting the petition through trial under section 980.05 of the statutes and, if applicable, commitment of the person subject to the petition under section 980.06 of the statutes, as affected by this act.

2. If applicable, representing the state on petitions for supervised release under section 980.08 of the statutes, as affected by this act, or for discharge under section 980.09 or 980.10 of the statutes brought by the person who is the subject of the petition.

(b) Annually, on a date specified by the department of administration, the district attorney shall submit to the department of administration a report summarizing the records under paragraph (a) covering the preceding 12-month period. The department of administration shall maintain the information submitted under this paragraph by district attorneys.

(9) Initial appointments to technology for educational achievement in Wisconsin board. Notwithstanding section 15.105 (25) (intro.) of the statutes, as created by this act, the initial members of the technology for educational achievement in Wisconsin board appointed under section 15.105 (25) (a), (b) and (bm) of the statutes, as created by this act, and one of the initial members appointed under section 15.105 (25) (c) of the statutes, as created by this act, shall serve for terms expiring on May 1, 2001; 2 of the initial members of the technology for educational achievement in Wisconsin board appointed under section 15.105 (25) (c) of the statutes, as created by this act, shall serve for terms expiring on May 1, 1999; and one of the initial members of the technology for educational achievement in Wisconsin board appointed under section 15.105 (25) (c) of the statutes, as created by this act, shall serve for a term expiring on May 1, 2003.

(9m)  Rules relating to educational technology training grants.

(a) Subject to paragraph (b), the technology for educational achievement in Wisconsin board shall use the procedure under section 227.24 of the statutes to promulgate the rules required under section 44.72 (1) (d) of the statutes, as created by this act, for a period but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the board need not provide evidence of the necessity of preserving the public peace, health, safety or welfare in promulgating the rules under this paragraph.

(b) The board shall submit the proposed rules under paragraph (a) to the cochairpersons of the joint committee on information policy. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed rules within 14 working days after the date of the board's submittal, the board may proceed to promulgate the rules. If, within 14 working days after the date of the board's submittal, the cochairpersons of the committee notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed rules, the board shall not promulgate the rules until the committee approves the rules.

(9s)  Rules relating to educational technology infrastructure loans.

(a) Subject to paragraph (b), the technology for educational achievement in Wisconsin board shall use the procedure under section 227.24 of the statutes to promulgate the rules required under section 44.72 (4) (a) of the statutes, as created by this act, for the period before permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the board need not provide evidence of the necessity of preserving the public peace, health, safety or welfare in promulgating the rules under this paragraph.

(b) The board shall submit the proposed rules under paragraph (a) to the cochairpersons of the joint commit tee on information policy. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed rules within 14 business days after the date of the board's submittal, the board may proceed to promulgate the rules. If, within 14 business days after the date of the board's submittal, the cochairpersons of the committee notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed rules, the board shall not promulgate the rules until the committee approves the rules.

(10) Educational technology board.

(a) Contracts. All contracts entered into by the educational technology board in effect on the effective date of this paragraph remain in effect and are transferred to the technology for educational achievement in Wisconsin board. The technology for educational achievement in Wisconsin board shall carry out any such contractual obligations until modified or rescinded by the technology for educational achievement in Wisconsin board to the extent allowed under the contract.

(b) Rules and orders. All rules promulgated by the educational technology board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the technology for educational achievement in Wisconsin board. All orders issued by the educational technology board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the technology for educational achievement in Wisconsin board.

(c) Pending matters. Any matter pending with the educational technology board on the effective date of this paragraph is transferred to the technology for educational achievement in Wisconsin board and all materials submitted to or actions taken by the educational technology board with respect to the pending matter are considered as having been submitted to or taken by the technology for educational achievement in Wisconsin board.

(dm) Pioneering partners grants.

1. From the appropriation under section 20.275 (1) (d) of the statutes, as created by this act, in the 1997-98 fiscal year the technology for educational achievement in Wisconsin board shall award grants to those applicants recommended for grants by the educational technology board under section 16.992, 1995 stats., in the February 1997 funding cycle.

2. In submitting information under section 16.42 of the statutes for the purposes of the 1999-2001 biennial budget bill, the technology for educational achievement in Wisconsin board shall submit information concerning the appropriation under section 20.275 (1) (f) of the statutes, as created by this act, as though the amount appropriated under section 20.275 (1) (d) of the statutes, as created by this act, in the 1997-98 fiscal year had been appropriated under section 20.275 (1) (f) of the statutes, as created by this act, in the 1998-99 fiscal year.

(10mg)  Educational technology block grants and library aids. Notwithstanding sections 43.70 (2) and 44.72 (2) (a) of the statutes, as affected by this act, educational technology block grants and library aids shall be distributed in the 1997-98 school year to eligible school districts, including union high school districts, in proportion to the number of persons who resided in each school district, as specified under section 43.70 (1) of the statutes, as affected by this act, on June 30, 1997, as estimated by the department of public instruction.

(11g)  Information technology system development and procurement projects reports. The department of administration shall submit its initial report concerning state information technology system development and procurement under section 16.971 (2s) of the statutes, as created by this act, no later than January 1, 1998, or the day after publication of this act, whichever is later.

(11h)  Free books to organizations. The secretary of administration, acting under section 16.50 (2) of the statutes, shall require submission of expenditure estimates for all moneys appropriated under section 20.505 (1) (fn) of the statutes, as created by this act, and shall withhold approval of such estimates unless the secretary receives a report after November 30, 1997, from the employe of the department of administration who is charged with the responsibility to administer section 16.23 of the statutes, as created by this act, and from the governor concerning their success in obtaining the additional resources specified in section 16.23 (2) of the statutes, as created by this act. If the secretary is satisfied that the efforts to obtain additional resources have been sufficient, the secretary may approve an expenditure estimate for the moneys appropriated under section 20.505 (1) (fn) of the statutes, as created by this act.

(11m)  Report by land information board and Wisconsin land council. No later than September 1, 2002, the land information board and Wisconsin land council shall report to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor concerning the issue of continuation of their functions, including the feasibility of combination of their functions.

(12z)  Sandhill Wildlife Area Skills Center. To the greatest extent possible, the department of administration shall utilize the Wisconsin conservation corps for the dormitory construction project at the Sandhill Wildlife Area Skills Center.

(13g)  University of Wisconsin System real estate study. The department of administration shall contract with a private consulting firm to study the introduction of a value-based approach to the management of real estate under the jurisdiction of the board of regents of the University of Wisconsin System, and the planning, design, authorization and approval processes for construction projects on such real estate. In the study, the contractor shall assess a sample portion of existing real estate managed by the board of regents, other than at the University of Wisconsin-Madison, which shall include at least 1,000,000 but not more than 2,000,000 square feet of interior space in buildings utilized for various purposes, including administrative, instructional and recreational purposes. The contractor shall assess the existing processes for management of the real estate and for planning, design, authorization and approval of construction projects on the real estate and shall also assess an alternative approach for these processes using a value-based analysis. The contractor shall then compare the 2 approaches, determine possible changes in the current approach from which the state could realize savings and project the estimated amount of savings that would be realized. The contractor shall include in its study an analysis of whether the board of regents is scheduling classes in such a manner as to permit the state to obtain the greatest possible value for its investment in instructional facilities under the management of the board.

(13m) Repeal of the depository selection board.

(a) Rules and orders. All rules promulgated by the depository selection board 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 state treasurer. All orders issued by the depository selection board 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 state treasurer.

(b) Pending matters. Any matter pending with the depository selection board on the effective date of this paragraph is transferred to the state treasurer and all materials submitted to or actions taken by the depository selection board with respect to the pending matter are considered as having been submitted to or taken by the state treasurer.

(13n)  Unbudgeted increases in compensation, fringe benefits and related adjustments.

(a) Amounts available for lapses. Of the amounts appropriated under section 20.865 (4) (a) of the statutes, $7,326,000 in fiscal year 1997-98 and $14,674,000 in fiscal year 1998-99 may be used only for lapses under this subsection. From the amounts appropriated under section 20.865 (4) (a) of the statutes, no more than $7,326,000 in fiscal year 1997-98 and no more than $14,674,000 in fiscal year 1998-99 may be used for lapses under this subsection.

(b) Department of administration reports. If the secretary of administration determines that the total amount to be expended under section 20.865 (1) (c), (ci) and (d) of the statutes for the 1997-98 fiscal year or the 1998-99 fiscal year will exceed the amount for that fiscal year that is designated under “General Purpose Revenue" under the heading “Summary of Compensation Reserves -- All Funds" in the summary schedule under section 20.005 (1) of the statutes, the secretary shall submit a report to the cochairpersons of the joint committee on finance indicating the amount by which the secretary estimates that the total amount to be expended will exceed the amount in the summary schedule.

(c) Passive review procedure; lapses. 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 a report submitted under paragraph (b) within 14 working days after the date of the report's submittal, there is lapsed from the appropriation account under section 20.865 (4) (a) of the statutes to the general fund an amount equal to the lesser of the amount specified in the report or the amount available under paragraph (a) for lapses for that fiscal year. If, within 14 working days after the date of the report's submittal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the report, the committee may direct the secretary to lapse an amount determined by the committee from the appropriation account under section 20.865 (4) (a) of the statutes to the general fund, not to exceed the amount available under paragraph (a) for lapses for that fiscal year.

(13p)  Educational technology hardware and software purchases. The technology for educational achievement in Wisconsin board shall use the procedure under section 227.24 of the statutes to propose emergency rules establishing standards and specifications for purchases of educational technology hardware and software by school districts, cooperative educational service agencies, technical college districts and the board of regents of the University of Wisconsin System under section 44.71 (2) (g) of the statutes, as created by this act. Prior to promulgation of emergency rules under this subsection, the board shall submit the proposed emergency rules to the cochairpersons of the joint committee on finance. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed emergency rules within 14 working days after the date of the board's submittal, the board shall promulgate the emergency rules as proposed by the board. If, within 14 working days after the date of the board's submittal, the cochairpersons of the committee notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed emergency rules, the board shall promulgate the emergency rules only upon approval of the committee. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the board need not provide evidence of the necessity of preserving the public peace, health, safety or welfare in promulgating rules under this subsection. Notwithstanding section 227.24 (3) of the statutes, no statement is required to be filed with such emergency rules.

27,9104 Section 9104. Nonstatutory provisions; agriculture, trade and consumer protection.

(1) Food inspection program efficiency study. The department of agriculture, trade and consumer protection shall study its current procedures in its food inspection programs, identify areas in those food inspection programs that could become more efficient, develop a plan to streamline its food inspection procedures and operations and identify any cost-saving mechanisms that could be implemented as a result of the efficiencies and improved procedures identified in the study. The department of agriculture, trade and consumer protection shall submit its findings and plan to the joint committee on finance by the 60th day after the effective date of this subsection. If the joint committee on finance approves the plan, it may supplement the appropriation under section 20.115 (1) (a) of the statutes from the appropriation under section 20.865 (4) (a) of the statutes. Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists.

(1g) Aquaculture study. The department of agriculture, trade and consumer protection shall conduct a study of the aquaculture industry in this state and, no later than January 1, 1999, shall submit a report on the results of the study to the legislature in the manner provided under section 13.172 (2) of the statutes. The report shall include information concerning all of the following:

(a) The growth of the aquaculture industry since 1994.

(b) The demand for aquaculture products.

(c) The processing of aquacultural products.

(d) Investment activities in aquaculture.

(e) Marketing opportunities for aquacultural products.

(1h) Land and water conservation program funding for county staff. The department of agriculture, trade and consumer protection shall allocate $500,000 from the appropriation account under section 20.115 (7) (qd) of the statutes in fiscal year 1998-99 for funding land and water conservation staff in counties that on July 1, 1997, do not receive funding for staff under the nonpoint source water pollution abatement program under section 281.65 of the statutes. The department of agriculture, trade and consumer protection and the department of natural resources shall develop a plan for distributing the funding to counties and shall submit the plan to the land and water conservation board for approval.

(2m) Farm mediation and arbitration board.

(a) Rules. All rules promulgated by the farm mediation and arbitration board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of agriculture, trade and consumer protection.

(b) Pending matters. Any matter pending with the farm mediation and arbitration board on the effective date of this paragraph is transferred to the department of agriculture, trade and consumer protection and all materials submitted to or actions taken by the farm mediation and arbitration board with respect to the pending matter are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.

(2w) Extension of certain commercial pesticide applicator certifications. Notwithstanding section 94.705 (1) (b) of the statutes, the department of agriculture, trade and consumer protection may extend, for one year beyond the scheduled expiration date, commercial pesticide applicator certifications that are scheduled to expire in 1998 for pesticide applicators certified in the categories of forest pest control, ornamental and turf pest control or right-of-way pest control. The department may extend the certifications without requiring retesting under section 94.705 (2) of the statutes.

(3xr)  Emergency rules concerning fish farming. The department of agriculture, trade and consumer protection may promulgate emergency rules under section 227.24 of the statutes implementing section 95.60 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect until January 1, 1999, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of public peace, health, safety or welfare in promulgating the rules under this subsection.

(3xs)  Memorandum of understanding relating to fish farming. The department of agriculture, trade and consumer protection and the department of natural resources shall enter into a memorandum of understanding relating to the regulation of fish farming being transferred from the department of natural resources to the department of agriculture, trade and consumer protection.