Wisconsin Legislature: 27,9111

(a) Providing advice and guidance to the governor and state agencies on issues related to brownfields, as defined in section 560.13 (1) (a) of the statutes, as created by this act.

(b) Criteria priorities, within statutory guidelines, for awarding grants and loans under brownfields redevelopment programs.

(c) Procedures for each of the departments to follow in making recommendations to another department on awarding grants or loans under a brownfields redevelopment program.

(d) Remediation activities that qualify as in-kind contributions under section 560.13 (2) (b) 1. of the statutes, as created by this act.

(e) A mechanism for resolving conflicts and disagreements among the 3 departments related to brownfields issues.

(3) Rules for brownfields funding guidelines. The department of commerce shall submit in proposed form the rules required under section 560.13 (6) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than December 31, 1997.

(3g) Mining economic development grants and loans. The funding in section 20.143 (1) (r) of the statutes, as created by this act, for the 1997-99 fiscal biennium for the mining economic development grant and loan program under section 560.135 of the statutes, as created by this act, shall come first from any project reserve fund under section 70.395 (2) (d) 4. of the statutes, as affected by this act, notwithstanding the limits on the use of project reserve funds under section 70.395 (2) (d) 4. of the statutes, as affected by this act.

(4) Exemption from emergency rule-making procedures. Using the procedure under section 227.24 of the statutes, the department of commerce may promulgate rules under section 560.13 (6) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 560.13 (6) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the department is not required to make a finding of emergency.

(4m) Rules for reduction of petroleum cleanup awards. Using the procedure under section 227.24 of the statutes, the department of commerce may promulgate rules required under section 101.143 (4) (h) 2. of the statutes, as created by this act, for the period before the effective date of permanent rules under that provision, 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 department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

(5) Petroleum discharges; interest reimbursement rules. Using the procedure under section 227.24 of the statutes, the department of commerce shall promulgate rules required under section 101.143 (4) (c) 8. of the statutes, as created by this act, for the period before the effective date of the permanent rules under that provision, 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 department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

(6g) Labor training and services grant.

(a) The department of commerce may make a grant of not more than $100,000 from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, to the private industry council serving Ozaukee County to fund a labor training and employment services program to provide employes of Garden Way, Inc., who are being laid off from the company's facilities in Port Washington with job training and related employment services, if all of the following apply:

1. The labor training and employment services are not eligible for funding under the federal Job Training Partnership Act, or any other federal or state job training program.

2. The private industry council submits a plan to the department of commerce detailing the proposed use of the grant and the secretary of commerce approves the plan.

3. The private industry council enters into a written agreement with the department of commerce that specifies the conditions for use of the grant proceeds, including training, reporting and auditing requirements.

4. The private industry council agrees in writing to submit to the department of commerce the report required under paragraph (b) by the time required under paragraph (b).

(b) If the private industry council serving Ozaukee County receives a grant under this subsection, it shall submit to the department of commerce, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

(6h) Study on home-based business barriers. The department of commerce shall conduct a study on barriers to starting and operating home-based businesses and on encouraging further development of home-based businesses in the state. On or before January 1, 1998, the department shall submit a report of its findings, conclusions and recommendations to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes.

(6m) Rules for the identification of oxygenates. The department of commerce shall review section Comm 48.10, Wisconsin Administrative Code, and during that review consider incorporating the uniform laws and regulations in the areas of legal metrology and engine fuel quality, as adopted by the National Conference on Weights and Measures. The department of commerce shall submit proposed rules that revise section Comm 48.10, Wisconsin Administrative Code, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.

(6n) Study on downtown Wisconsin fund. The department of commerce shall study the possibility and feasibility of creating a fund to provide financial assistance to small-sized and medium-sized municipalities to assist in revitalizing and promoting the economic health of downtown commercial districts, preserving farmland and preventing urban sprawl. As part of the study, the department shall explore the potential for coordinating assistance through the state main street program under section 560.081 of the statutes and with the department of tourism through its heritage tourism program under section 41.19 of the statutes, as affected by this act. The department of commerce shall submit a report of its findings, conclusions and recommendations to the joint committee on finance at the 2nd quarterly meeting of the committee for the 1997-98 fiscal year under section 13.10 of the statutes.

(7f) Grant or loan for pedestrian bridge project.

(a) The department of commerce may make a grant or loan of not more than $1,200,000 from the appropriations under section 20.143 (1) (c) and (ie) of the statutes, as affected by this act, to a person for a project that includes a pedestrian bridge, if all of the following apply:

1. The project is located in the city of Madison and bounded by Regent Street, North Murray Street, West Dayton Street, North Frances Street, Frances Court and West Washington Avenue.

2. The person submits a plan to the department of commerce detailing the proposed use of the grant or loan and the secretary of commerce approves the plan.

3. The person enters into a written agreement with the department of commerce that specifies the grant or loan terms and the conditions for use of the grant or loan proceeds, including reporting and auditing requirements.

4. The person agrees in writing to submit to the department of commerce, within 6 months after spending the full amount of the grant or loan, a report detailing how the grant or loan proceeds were used.

(b) If the department of commerce makes a loan under this subsection, the department of commerce shall deposit in the appropriation account under section 20.143 (1) (ie) of the statutes, as affected by this act, any moneys received in repayment of the loan.

27,9111 Section 9111. Nonstatutory provisions; corrections.

(2u) Temporary placement of young adult offenders. Notwithstanding 1995 Wisconsin Act 27, section 9126 (23) and (26v), the secretary of corrections may direct the division of adult institutions in the department of corrections and the division of juvenile correctional services in that department to enter into an intra-agency agreement for the use of the secured correctional facility authorized under 1995 Wisconsin Act 27, section 9126 (26v), as a state prison as authorized under 1997 Wisconsin Act 4, section 4 (1) (a). The agreement shall require the division of adult institutions in the department of corrections to reimburse the division of juvenile correctional services in that department, from the appropriation account under section 20.410 (1) (ab) of the statutes, as affected by this act, for the full cost of operating that secured correctional facility as a state prison during the term of the agreement. The division of juvenile corrections in the department of corrections shall credit all moneys received under this subsection to the appropriation account under section 20.410 (3) (hm) of the statutes, as affected by this act, and use those moneys to operate the state prison authorized under 1997 Wisconsin Act 4, section 4 (1) (a).

(3g) Private businesses and prison employment.

(a) 1. No later than February 1, 1998, the department of corrections shall submit a plan to the joint committee on finance regarding proposed revenues and proposed expenditures under section 303.01 (2) (em) of the statutes, as affected by this act, during the 1997-99 biennium. If the cochairpersons of the committee do not notify the department of corrections within 14 working days after the date of the submittal that the committee has scheduled a meeting to take place for the purpose of reviewing the plan, the department may proceed with the plan. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department of corrections that the committee has scheduled a meeting to take place for the purpose of reviewing the plan, the department may proceed with the plan only after incorporating any changes that are made to the plan by the joint committee on finance at the meeting.

2. Beginning after February 1, 1998, the department of corrections shall submit any modifications to the plan approved by the the joint committee on finance under subdivision 1. to the joint committee on finance. If the cochairpersons of the committee do not notify the department of corrections within 14 working days after the date of the submittal that the committee has scheduled a meeting to take place for the purpose of reviewing the modified plan, the department may proceed with the modified plan. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department of corrections that the committee has scheduled a meeting to take place for the purpose of reviewing the modified plan, the department may proceed with the modified plan only after incorporating any changes that are made to the modified plan by the joint committee on finance at the meeting.

(b) No later than February 1, 1998, the department of corrections and the department of administration shall jointly submit a plan to the joint committee on finance re garding the distribution of assets and liabilities between the prison industries program under section 303.01 (1) of the statutes and the private business program operating under section 303.01 (2) (em) of the statutes, as affected by this act. If the cochairpersons of the committee do not notify the department of corrections and the department of administration within 14 working days after the date of the submittal that the committee has scheduled a meeting to take place for the purpose of reviewing the plan, the department of corrections and the department of administration may proceed with the plan. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department of corrections and the department of administration that the committee has scheduled a meeting to take place for the purpose of reviewing the plan, the department of corrections and the department of administration may proceed with the plan only after incorporating any changes that are made to the plan by the joint committee on finance at the meeting.

(3v) Secure juvenile detention facility in northwestern Wisconsin. By March 1, 1998, the department of corrections shall prepare a design for a financially viable secure detention facility, as defined in section 938.02 (16) of the statutes, to be located in the northwestern part of this state, develop a plan to fund that secure detention facility by combining federal, state and county resources and submit to the joint committee on finance a report on that design and funding plan.

(3x) Evaluation of the use of federal correctional facilities to house Wisconsin prisoners. The department of corrections shall conduct an evaluation of the state's need to contract for the transfer and confinement of state prisoners in federal correctional facilities and the need for construction of additional minimum security correctional institutions in this state. The department of corrections shall also evaluate and compare federal and state minimum security classification standards and institutional programming provided at federal and state minimum security correctional facilities. The department of corrections shall submit the report to the joint committee on finance by March 1, 1998.

(4t) Impact of juvenile justice code on youth aids funding. The department of corrections shall conduct an evaluation of the impact that chapter 938 of the statutes, as created by 1995 Wisconsin Act 77, and the decline of the average daily populations of juveniles receiving state correctional care have had on the funding of juvenile delinquency-related services under the community youth and family aids program under section 301.26 of the statutes, as affected by this act, and on the costs to counties and the state of providing juvenile correctional care. By March 1, 1998, the department of corrections shall submit a report on that evaluation to the governor and to the joint committee on finance. The report shall provide recommendations regarding the funding of juvenile correctional care, including recommendations regarding possible ways of reallocating or reducing the costs of providing care in secured correctional facilities, as defined in section 938.02 (15m) of the statutes, if the populations of those facilities continue to decline.

(5c) Displacement.

(a) The department of corrections shall consult with the prison industries board for the purpose of developing proposed rules defining “displacement" under section 303.01 (5m) of the statutes, as created by this act.

(b) The department of corrections shall submit in proposed form the rules required under section 303.01 (5m) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 3th month beginning after the completion of the federal department of justice's 1997 audit of the prison employment program under section 303.01 (2) (em) of the statutes, as affected by this act.

(5g) Racine youthful offender correctional facility generalist counselor duties. In fiscal years 1997-98 and 1998-99, the department of corrections may employ generalist counselors at the Racine Youthful Offender Correctional Facility. A generalist counselor employed at that facility shall, among other duties, perform tutoring duties for the inmates of that facility under the supervision of a certified instructor, but may not supervise or oversee academic instruction for those inmates.

(5n) Prison industries board.

(a) 1. Notwithstanding section 15.145 (2) of the statutes, as affected by this act, the member of the prison industries board appointed under section 15.145 (2) (a), 1995 stats., to represent ex-offenders who served time in the Wisconsin state prisons, may continue to serve as a member of the board until such time that the additional member who represents private labor organizations is appointed to the prison industries board.

2. Notwithstanding section 15.145 (2) of the statutes, as affected by this act, the member of the prison industries board appointed under section 15.145 (2) (b), 1995 stats., to represent the University of Wisconsin System, may continue to serve as a member of the board until such time that the additional member who represents the department of administration is appointed to the prison industries board.

3. Notwithstanding section 15.145 (2) of the statutes, as affected by this act, the member of the prison industries board appointed under section 15.145 (2) (e), 1995 stats., to represent potential customers of prison industries, may continue to serve as a member of the board until such time that the member who represents private business and industry is appointed to the prison industries board.

(b) Notwithstanding the length of term specified in section 15.145 (2) (intro.) of the statutes, as affected by this act, the initial term of the additional member appointed to represent private business and industry shall expire on May 1, 1999, the initial term of the additional member appointed to represent private labor organizations shall expire on May 1, 2001, and the initial term of the member appointed to represent the department of administration shall expire on May 1, 2003.

(5z) Gang violence prevention council. The authorized FTE positions for the department of corrections, funded from the appropriation under section 20.410 (3) (a) of the statutes, as affected by this act, are decreased by 1.0 GPR position to reflect the elimination of the gang violence prevention council.

27,9119 Section 9119. Nonstatutory provisions; financial institutions.

(1h) Repeal of consumer credit review board; pending matters. All matters pending before the consumer credit review board on the effective date of this subsection are terminated without prejudice. Notwithstanding section 227.53 (1) (a) 2. of the statutes, a person may seek review, under section 227.53 of the statutes, of any matter which is pending before the consumer credit review board on the effective date of this subsection. In order to seek such review, the person shall file a petition for review, in the manner specified in section 227.53 of the statutes, and shall serve the petition upon all parties under section 227.48 of the statutes, within 30 days after the effective date of this subsection.

27,9120 Section 9120. Nonstatutory provisions; gaming board.

(1) Elimination of gaming board; transfer of gaming functions to the department of administration.

(a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the gaming board shall become the assets and liabilities of the department of administration.

(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the gaming board is transferred to the department of administration.

(c) Contracts. All contracts entered into by the gaming board which are in effect on the effective date of this paragraph remain in effect and are transferred to the department of administration. The department of administration shall carry out any such contractual obligations until modified or rescinded by the department of administration to the extent allowed under the contracts.

(d) Employe transfers and status. On the effective date of this paragraph, all incumbent employes holding positions in the gaming board are transferred to the department of administration. Employes transferred under this paragraph have all rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes that they enjoyed in the gaming board. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class may be required to serve a probationary period.

(e) Pending matters. Any matters pending with the gaming board on the effective date of this paragraph are transferred to the department of administration and all materials submitted to or actions taken by the gaming board with respect to any pending matter are considered as having been submitted to or taken by the department of administration.

(f) Rules and orders. All rules promulgated by the gaming board, other than rules that relate to chapter 565 of the statutes, as affected by this act, 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 administration. All orders issued by the gaming board, other than orders that relate to chapter 565 of the statutes, 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 department of administration.

(2) Lottery functions transfer. All rules that relate to chapter 565 of the statutes that are in effect before the effective date of this subsection shall remain in effect until their specified expiration date or until amended or repealed by the department of revenue. All orders that relate to chapter 565 of the statutes that are in effect before the effective date of this subsection shall remain in effect until their specified expiration date or until amended or rescinded by the department of revenue.

27,9121 Section 9121.0 Nonstatutory provisions; governor.

(1) Efficiency measures. The governor shall endeavor to ensure that the expenditures from the appropriation under section 20.525 (1) (a) of the statutes shall be less than the amounts shown under section 20.525 (1) (a) of the statutes in the schedule under section 20.005 (3) of the statutes by at least $51,400 for the 1997-98 fiscal year and by at least $51,400 for the 1998-99 fiscal year.

27,9123 Section 9123. Nonstatutory provisions; health and family services.

(1) Milwaukee child welfare transfer.

(a) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the Milwaukee County department of social services and of the Milwaukee County children's court center that is primarily related to providing child welfare services under chapter 48 of the statutes is transferred to the department of health and family services. The Milwaukee County department of social services, the Milwaukee County children's court center and the department of health and family services shall jointly identify this tangible personal property, including records, and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement, the secretary of administration shall resolve the dispute and shall develop a plan for the orderly transfer thereof.

(b) Pending matters. Any matter pending under chapter 48 of the statutes with the Milwaukee County department of social services or with the Milwaukee County children's court center on the effective date of this paragraph is transferred to the department of health and family services. All materials submitted or actions taken by the Milwaukee County department of social services or by the Milwaukee County children's court center with respect to the pending matter are considered as having been submitted to or taken by the department of health and family services.

(c) Custody. On the effective date of this paragraph, all persons who are under the legal custody, supervision or guardianship of the Milwaukee County department of social services under chapter 48 of the statutes are transferred to the legal custody, supervision or guardianship of the department of health and family services. The Milwaukee County department of social services and the department of health and family services shall jointly determine those persons and shall jointly develop a plan for the orderly transfer thereof. In the event of any disagreement, the secretary of administration shall resolve the dispute and shall develop a plan for the orderly transfer thereof.

(dz) Site selection process. The secretary of administration, in consultation with the department of health and family services, shall submit a proposal for the selection of the 5 neighborhood-based child welfare service delivery sites planned for Milwaukee County under 1995 Wisconsin Act 303, section 9127 (1) (b), to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the proposal within 14 working days after the date of submittal of the proposal, the department of administration and the department of health and family services may implement the proposal. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the proposal, the department of administration and the department of health and family services may implement the proposal only with the approval of the committee.

(eg) Funding for prevention contracts. The department of health and family services may request the joint committee on finance to supplement, from the appropriation account under section 20.865 (4) (a) of the statutes, the appropriation account under section 20.435 (3) (cx) of the statutes, as created by this act, to fund contracts for services to prevent child abuse and neglect in Milwaukee County. If the department of health and family services requests supplementation of the appropriation account under section 20.435 (3) (cx) of the statutes, as created by this act, under this paragraph, that department shall submit for each fiscal year a plan for the expenditure of the moneys supplemented to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of his or her submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the joint committee on finance is considered to have approved the request, the appropriation account under section 20.435 (3) (cx) of the statutes, as created by this act, is supplemented by the amount requested and the department of health and family services may encumber the supplemented moneys as provided in the plan. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan, the department of health and family services may implement the plan only with the approval of the committee. Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists.

(km) General program operations. Notwithstanding section 20.435 (3) (kw) of the statutes, as created by this act, in fiscal year 1997-98 the department of health and family services may expend not more than $202,500 from the appropriation account under section 20.435 (3) (kw) of the statutes, as created by this act, for general program operations relating to providing services for children and families under section 48.48 (17) of the statutes, as created by this act.

(2) Carry-over for long-term care pilot project. Notwithstanding section 20.435 (7) (bd) of the statutes, the department of health and family services may carry forward funds allocated under section 46.27 of the statutes from the appropriation account under section 20.435 (7) (bd) of the statutes, as affected by this act, that are not spent or encumbered by counties by December 31 or carried forward under section 46.27 (7) (fm) or (g) of the statutes for the purpose of establishing and operating a pilot project under section 46.271 (2m) of the statutes, as created by this act. All funds carried forward under this subsection that are not spent or encumbered by June 30, 1999, shall lapse to the general fund on July 1, 1999.

(3) Supplemental payments for the support of children of supplemental security income recipients. Notwithstanding section 49.775 (2) of the statutes, as created by this act, the department of health and family services may make a payment under section 49.775 (2) of the statutes, as created by this act, to a custodial parent for the support of a dependent child for whom aid is paid under section 49.19 of the statutes, as affected by this act, beginning on the later of the following:

(a) The effective date of this paragraph.

(b) The first day of the first month beginning after the first regularly scheduled reinvestigation under section 49.19 (5) (e) of the statutes conducted after the effective date of this paragraph.

(3g) Elimination of pesticide review board.

(a) Contracts. All contracts entered into by the pesticide review board in effect on the effective date of this paragraph are terminated on that date. All contracts entered into by the department of health and family services in effect on the effective date of this paragraph that are primarily related to the functions of the pesticide review board, as determined by the secretary of administration, are terminated on that date.

(b) Rules, orders and permits. All rules promulgated or orders issued by the pesticide review board that are in effect on the effective date of this paragraph are rescinded on that date. All permits issued by the pesticide review board that are in effect on the effective date of this paragraph remain in effect until their expiration date or until rescinded by the department of agriculture, trade and consumer protection, whichever comes first.

(c) Pending matters. Any matter pending with the pesticide review board on the effective date of this paragraph is terminated and all materials submitted to or actions taken before the effective date of this paragraph by the pesticide review board with respect to the pending matter are considered to be void.

(4) Exemption from emergency rule procedures for mandatory health insurance risk-sharing plan. Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate any rules that the department is authorized or required to promulgate under chapter 149 of the statutes, as affected by this act, for the period before the effective date of any permanent rules promulgated by the department under chapter 149 of the statutes, as affected by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the department is not required to make a finding of emergency.

(4t) Blastomycosis study. The department of health and family services, in cooperation with other state agencies, shall study whether there is a correlation between the presence of wetlands and the increase in cases of blastomycosis. The department shall submit a report on the results of the study to the legislature in the manner provided in section 13.172 (2) of the statutes no later than June 30, 1999.

(5) Health insurance program for uninsured children. By July 1, 1998, the department of health and family services shall conduct and report to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor on the results of a study to explore, on a statewide basis, possible provision of a health insurance program for uninsured families and school-age children, as determined by the department. If the health insurance program appears to be feasible, the department shall, with the report, include proposed statutory language necessary to implement the program. The de partment shall also include in the report all of the following:

(a) An evaluation of the current medical assistance outreach efforts. The department shall, in the report, make recommendations that would increase the enrollment in the medical assistance program of children who are currently eligible for the medical assistance program.

(b) A study on the cost-effectiveness of expanding the medical assistance income standard for children.

(c) A comparison of providing a health insurance program, increasing the enrollment in the medical assistance program of children currently eligible for the medical assistance program and expanding the medical assistance income standard. The comparison shall be based on all of the following:

1. The costs and benefits of each approach.

2. The number of children who would receive health care coverage who are currently uninsured.

3. The administrative feasibility of each approach.

(6) Health programs for women. From the appropriation account under section 20.435 (5) (cb) of the statutes, as created by this act, the department of health and family services shall do all of the following:

(a) Conduct a women's health campaign to do all of the following:

1. Increase women's awareness of issues that affect their health.