Wisconsin Legislature: 55,9134

(1) Crime prevention funding board. Upon the creation of a crime prevention funding board, the initial members of the board specified under section 59.54 (28) (c) of the statutes shall declare that they are serving on the board, or appoint their designees, not later than the first day of the 4th month beginning after a board is created.

(3f) Local room tax. With regard to a municipality which collects a room tax on May 13, 1994, with the form that the municipality submits to the department of revenue on or before May 1, 2017, as described under section 66.0615 (4) (a) of the statutes, the municipality shall also include a copy of its room tax ordinance that was in effect on May 13, 1994. In addition, the municipality shall also include with the form a copy of the municipality's financial statement that was completed nearest in time to May 13, 1994, and that shows the percentage of room tax revenue that the municipality retained for its own purposes other than purposes related to tourism promotion and development.

(3u) Metropolitan sewerage districts.

(a) Notwithstanding section 200.09 (1) (a) of the statutes, as affected by this act, the terms of the members of a metropolitan sewerage district that contains a 2nd class city with a population of 200,000 or more expire on the effective date of this subsection.

(b) Notwithstanding section 200.09 (1) (b) of the statutes, as created by this act, the initial members of a commission appointed under section 200.09 (1) (b) of the statutes, as created by this act, shall be appointed for the following terms:

1. One member appointed by the executive council of the towns, one member appointed by the executive council of the cities and villages, and one member appointed by the mayor of the 2nd class city, for a term expiring 3 years after the initial appointment.

2. One member appointed by the executive council of the cities and villages and 2 members appointed by the mayor of the 2nd class city, for a term expiring 2 years after the initial appointment.

3. One member appointed by the executive council of the cities and villages and 2 members appointed by the mayor of the 2nd class city, for a term expiring one year after the initial appointment.

55,9132 Section 9132. Nonstatutory provisions; Natural Resources.

(1) Relocation of division of forestry headquarters. The department of natural resources shall develop a plan to move the headquarters of the division of forestry from the city of Madison to a northern location in this state. In the plan, the department of natural resources shall provide in detail the costs of relocating the headquarters, a timeline for implementing the relocation, and a list of options for northern locations in this state. The department of natural resources shall complete the plan in time for the plan to be included in the department of natural resources' 2017-19 biennial budget request.

(1q) Car-killed deer report. The department of natural resources shall prepare a report on the program under section 29.349 (4) of the statutes, as created by this act, including an account of the cost-effectiveness of the program, the number of deer collected, and any recommendations regarding the program. Before January 1, 2017, the department shall submit the report to the governor, to the joint committee on finance, and to appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate.

(1v) Report on funding of fish and wildlife management activities. The department of natural resources shall prepare a report on a plan to address the insufficiency of revenues from hunting and fishing approval fees to cover the cost of activities of the department that relate to fish and wildlife management. The department shall prepare this report in consultation with stakeholders, including hunters, anglers, trappers, and conservationists. The report shall include recommendations for program reductions and hunting and fishing approval fee increases necessary to ensure that the revenue from hunting and fishing approval fees is sufficient to cover the cost of fish and wildlife management activities. Before January 1, 2017, the department of natural resources shall submit the report to the joint committee on finance.

(3d) Layoff procedures for certain employees of the department of natural resources. The layoff procedures under section 230.34 (2) (a) of the statutes shall not apply to employees holding the 11.0 FTE SEG education-related positions and the 18.4 FTE SEG science services positions, funded from the appropriation accounts under section 20.370 (1) (mu), (2) (hq), (3) (fj), (mt), (mu), and (my), (4) (mu) and (mz), and (9) (iq), (mu), and (mz) of the statutes during the 2013-15 fiscal biennium, that are eliminated by this act.

(3f) Audit of moneys received for forestry activities. The joint legislative audit committee is requested to direct the legislative audit bureau to perform an audit of the moneys received by the department of natural resources for forestry activities and how those moneys are spent. If the committee directs the legislative audit bureau to perform an audit, the bureau shall file its report as described under section 13.94 (1) (b) of the statutes on or before June 30, 2017.

(4c) Southeastern Wisconsin Fox River commission. The department of natural resources shall provide in fiscal year 2015-16, from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, $200,000 to the Southeastern Wisconsin Fox River commission. The commission may use this funding for activities that are required or authorized under subchapter VI of chapter 33 of the statutes and that are consistent with the commission's implementation plan. The activities for which this funding is used may include the activities required under section 33.56 (1), (2), and (3) of the statutes.

(4f) State parks study and report.

(a) In this subsection, " department" means the department of natural resources.

(b) The department shall study options for additional sources of revenue for operating and maintaining state parks. The department shall study at least all of the following options:

1. Using revenue generated from a program under which a person may voluntarily purchase a state park vehicle admission sticker when the person registers a vehicle with the department of transportation.

2. Using revenue generated from increased camping fees at state parks based on local market conditions or seasonal demand, based on the amenities or facilities offered by a park, or based on other features or conditions of a park.

(c) The department shall prepare a report containing the results of its study conducted under paragraph (b). The report shall include revenue estimates from the options studied under paragraph (b) and shall include recommendations for closing the structural imbalance between the revenue generated from state park and camping fees and the cost to operate and maintain state parks.

(d) The department shall submit the report under paragraph (c) on or before December 1, 2016, to the joint committee on finance, the governor, and the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, in the manner provided under section 13.172 (3) of the statutes.

(4v) Initial funding of forest management activities on federal land.

(a) The department of natural resources shall submit to the cochairpersons of the joint committee on finance before January 1, 2016, a report on activities conducted under section 28.15 of the statutes since the effective date of this paragraph that were funded by the appropriation account under section 20.370 (1) (mv) of the statutes. The department shall include in the report a plan for use of moneys allocated for the purpose of supporting activities under section 28.15 of the statutes in fiscal year 2016-17.

(b) The department shall submit to the cochairpersons of the joint committee on finance before January 1, 2016, a written request to supplement the appropriation under section 20.370 (1) (mv) of the statutes for the 2016-17 fiscal year for the purpose of paying the initial costs of administering and implementing a cooperative agreement and any contracts entered into under section 28.15 of the statutes.

(c) If the cochairpersons of the joint committee on finance do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the request within 14 working days after the date on which the department submits the request, the supplement is approved. If, within 14 working days after the date on which the department submits the request, the cochairpersons notify the department that the committee has scheduled a meeting for the purpose of reviewing the request, the supplement may occur only as approved by the committee.

(d) The supplement shall be paid from the appropriation account under section 20.865 (4) (u) of the statutes.

(4vw) State forest plan variance. On or before June 30, 2016, the department of natural resources shall propose a variance to the master plans of all state forests except for the southern state forests, as defined in section 27.016 (1) (c) of the statutes, and except for Governor Knowles State Forest to incorporate the requirements in section 28.04 (3) (am) of the statutes, as created by this act, with respect to land classified as a forest production area.

(4vx) State forest plan amendment. Before March 1, 2017, the department of natural resources shall amend the master plans of all state forests except for the southern state forests, as defined in section 27.016 (1) (c) of the statutes, and except for Governor Knowles State Forest so that 75 percent of all the land in those state forests combined is classified as a forest production area.

55,9134 Section 9134. Nonstatutory provisions; Public Instruction.

(2) Optional participation in cooperative educational service agencies. Notwithstanding section 116.065 (2) of the statutes, if a school board adopts a resolution to withdraw from a cooperative education service agency under section 116.065 (1) of the statutes, as affected by this act, by no later than 30 days after the effective date of this subsection, the resolution is effective July 1, 2015.

(5f) Representation and apportionment plans for election of members of certain unified school districts. Notwithstanding section 120.42 (1m) (a) and (b) of the statutes, as created by this act, the school board of a unified school district described in section 120.42 (1) (d) 2. of the statutes, as created by this act, shall both establish a representation plan pursuant to section 120.42 (1m) (a) of the statutes, as created by this act, and adopt a district apportionment plan pursuant to section 120.42 (1m) (b) of the statutes, as created by this act, before November 1, 2015. Nothwithstanding section 120.42 (2) of the statutes, the members of the school board of a unified school district described in section 120.42 (1) (d) 2. of the statutes, as created by this act, who hold office on the effective date of this subsection shall cease to hold office on the 4th Monday in April 2016. At the 2016 spring election, 9 members shall be elected to the school board of the unified school district for terms established pursuant to the district apportionment plan and commencing on the 4th Monday in April 2016.

(6q) Special Needs Scholarship Program. Notwithstanding section 115.7915 (2) of the statutes, as created by this act, the department shall award a scholarship to a child to attend an eligible school in the 2016-17 school year under section 115.7915 of the statutes, as created by this act, if the child satisfies the eligibility requirements under section 115.7915 (2) (b) to (d) and (f) of the statutes, as created by this act, and all of the following conditions are met:

(a) The child applied to attend a public school in one or more nonresident school districts under section 118.51 of the statutes for the 2011-12, 2012-13, 2013-14, 2014-15, or 2015-16 school year.

(b) The conditions under section 115.7915 (2) (a) 1. and 2. of the statutes, as created by this act, are satisfied for any of the school years specified in paragraph (a).

55,9136 Section 9136. Nonstatutory provisions; Public Service Commission.

(1j) Industrial wind turbines. The public service commission shall conduct a review of studies conducted to ascertain the health effects of industrial wind turbines on persons residing near the turbine installations. If the review shows that there are substantially negative health effects on persons residing beyond the 1,250-foot setback distance specified in the rules promulgated by the public service commission under section 196.378 (4g) (b) of the statutes, the commission may, no later than 6 months after completing the review, submit in proposed form any necessary revisions to those rules to the legislative council staff under section 227.15 (1) of the statutes.

(2c) Commission members. Notwithstanding section 15.06 (1) (c) of the statutes, as created by this act, the commissioners of the public service commission appointed under section 15.06 (1) (a) of the statutes and the chairperson of the commission designated under section 15.06 (2), 2013 stats., shall remain in office until the expiration of their terms specified in section 15.06 (1) (a) of the statutes and in section 15.06 (2), 2013 stats.

(2q) State broadband office funding. Notwithstanding section 16.42 (1) (e) of the statutes, the public service commission, in submitting information under section 16.42 of the statutes for purposes of the 2017-19 biennial budget bill, shall submit information concerning the appropriation under section 20.155 (1) (g) of the statutes, as affected by this act, as though the amount appropriated for the 2016-17 fiscal year had been $125,000 less than was actually appropriated.

(2u) Universal service fund.

(a) Definitions. In this subsection:

1. "Commission" means the public service commission.

2. "Contribution rates" means the rates of contribution to the fund that the commission requires for telecommunications providers under section 196.218 (3) of the statutes.

3. "Fund" means the universal service fund.

4. "Telecommunication provider" has the meaning given in section 196.01 (8p) of the statutes.

(b) Report. The commission shall submit a report to the joint committee on finance on the causes of unencumbered balances in the fund and the changes that could be made to the procedures for setting budgets for programs funded by the fund and establishing contribution rates that would reduce future unencumbered balances. The report shall recommend the level of fund balance that is appropriate to accommodate timing imbalances between revenues and expenditures. The report shall also explain how the commission incorporates unspent revenues in the fund's balance, in excess of any revenues needed to accommodate timing imbalances between revenues and expenditures, into contribution rates the commission requires for the 2015-16 fiscal year. The commission shall submit the report to the joint committee on finance prior to the committee's 3rd quarterly meeting in 2015 under section 13.10 of the statutes.

(c) Prohibition. Notwithstanding section 196.218 (3) of the statutes, the commission may not revise contribution rates for fiscal year 2015-16 unless the joint committee on finance approves the report submitted under paragraph (b).

55,9137 Section 9137. Nonstatutory provisions; Revenue.

(1j) Auditors. No later than December 31 of each year, beginning in 2016 and ending in 2020, the department of revenue shall submit a report to the joint committee on finance containing information from the previous fiscal year regarding the actual or estimated state tax revenues generated by, and expenditures associated with, the additional full-time equivalent auditor positions authorized under this act. The department of revenue shall include in its annual report the number of audits, and the revenue generated from those audits, that auditors conducted on persons who reside or have a commercial domicile outside this state compared to persons who reside or have a commercial domicile inside this state.

55,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.

(1) Transfer of prescription drug monitoring program.

(a) Assets and liabilities. The assets and liabilities of the pharmacy examining board that the secretary of safety and professional services determines to be primarily related to the prescription drug monitoring program become the assets and liabilities of the controlled substances board on the effective date of this paragraph.

(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the pharmacy examining board that the secretary of safety and professional services determines to be primarily related to the prescription drug monitoring program is transferred to the controlled substances board.

(c) Contracts. All contracts that were entered into by the pharmacy examining board, or by the department of safety and professional services on behalf of the pharmacy examining board, that the secretary of safety and professional services determines to be primarily related to the prescription drug monitoring program, and that are in effect on the effective date of this paragraph, remain in effect and are transferred to the controlled substances board. The controlled substances board shall carry out any obligations under such a contract until the contract is modified or rescinded by the controlled substances board to the extent allowed under the contract.

(d) Rules and orders. All rules promulgated, and all orders issued, by the pharmacy examining board that the secretary of safety and professional services determines to be primarily related to the prescription drug monitoring program, and that are in effect on the effective date of this paragraph, remain in effect until their specified expiration date or until modified, amended, rescinded, or repealed by the controlled substances board.

(e) Pending matters. Any matter pending with the pharmacy examining board that the secretary of safety and professional services determines to be primarily related to the prescription drug monitoring program is transferred to the controlled substances board, and all materials submitted to or actions taken by the pharmacy examining board with respect to the pending matter are considered as having been submitted to or taken by the controlled substances board.

(5) Transfer of veterinary examining board.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, shall become the assets and liabilities of the department of agriculture, trade and consumer protection.

(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services that is primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, is transferred to the department of agriculture, trade, and consumer protection.

(c) Contracts. All contracts entered into by the department of safety and professional services in effect on the effective date of this paragraph that are primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, remain in effect and are transferred to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.

(d) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that is primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, is transferred to the department of agriculture, trade and consumer protection and all materials submitted to or actions taken by the department of safety and professional services with respect to the pending matters are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.

(e) Fees. All fees for initial licenses, certifications, and other credentials, and for renewals of those licenses, certifications, and other credentials, under chapter 453 of the statutes that are in effect on the day before the effective date of this paragraph shall remain in effect until modified by the department of agriculture, trade and consumer protection under section 89.063 of the statutes, as created by this act.

(6c) Credential renewal fees for audiologists and speech-language pathologists. Notwithstanding sections 440.03 (9), 440.05 (2) (a), 440.08 (2) (c) and (3) (a), and 459.24 (5) (a) of the statutes, the renewal fee for a license granted under subchapter II of chapter 459 of the statutes shall, instead of being determined under section 440.03 (9) of the statutes, be $75 with respect to the February 1, 2017, renewal date.

55,9139 Section 9139. Nonstatutory provisions; Secretary of State.

(1q) Transfer of documents. On the effective date of this subsection, all documents in the possession of the secretary of state related to municipal name changes, reorganizations, and boundary record keeping functions, including those to which sections 60.05 (4), 60.065, 61.187 (2) (d), 61.189 (2), 62.02, 62.075 (5), 62.26 (7), 66.0203 (7), 66.0211 (5), 66.0213 (4) and (6), 66.0215 (5), 66.0216 (5), 66.0217 (9) (a) and (b), 66.0219 (7), 66.0227 (5), 66.0301 (6) (e), and 66.0307 (10) apply, shall be transferred to, and become the property of, the department of administration.

55,9140 Section 9140. Nonstatutory provisions; State Employment Relations, Office of.

(1) Elimination of the office of state employment relations.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of state employment relations become the assets and liabilities of the department of administration.

(b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees in the classified service of the state civil service holding those positions in the office of state employment relations are transferred to the department of administration, except for 6.95 PR FTE positions, funded from the appropriation under s. 20.545 (1) (k), 2013 stats., that are identified by the secretary of administration.

(c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under chapter 230 of the statutes in the department of administration that they enjoyed in the office of state employment relations immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of state employment relations is transferred to the department of administration.

(e) Pending matters. Any matter pending with the office of state employment relations on the effective date of this paragraph is transferred to the department of administration. All materials submitted to or actions taken by the office of state employment relations are considered as having been submitted to or taken by the department of administration.

(f) Contracts. All contracts entered into by the office of state employment relations 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 obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

(g) Rules and orders. All rules promulgated by the office of state employment relations in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of administration. All orders issued by the office of state employment relations in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.

55,9143 Section 9143. Nonstatutory provisions; Technical College System.

(3j) Report relating to performance-based funding. In the 2015-17 fiscal biennium, the technical college system board shall review, and submit to the joint committee on finance a report on, the performance-based funding formula established under section 38.28 (2) (be) 1. of the statutes, as affected by this act. The report shall include possible changes to the performance-based funding formula and additional performance criteria that could be included under section 38.28 (2) (be) 1. of the statutes, as affected by this act.

55,9144 Section 9144. Nonstatutory provisions; Tourism.

(2) Transfer of lower Wisconsin state riverway board to department of natural resources.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of tourism primarily related to the functions of the lower Wisconsin state riverway board, as determined by the secretary of administration, become the assets and liabilities of the department of natural resources.

(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of tourism that is primarily related to the functions of the lower Wisconsin state riverway board, as determined by the secretary of administration, is transferred to the department of natural resources.

(c) Contracts. All contracts entered into by the department of tourism in effect on the effective date of this paragraph that are primarily related to the functions of the lower Wisconsin state riverway board, as determined by the secretary of administration, remain in effect and are transferred to the department of natural resources. The department of natural resources shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of natural resources to the extent allowed under the contract.

(3j) Study concerning tourism marketing expenditures; report. The department of tourism shall conduct a study of the statewide benefits of the marketing expenditures required under section 41.11 (6) of the statutes and any possible alternative marketing expenditures that could be made with the same funds. No later than January 1, 2017, the department of tourism shall submit to the joint committee on finance a report detailing its findings from the study conducted under this subsection.

55,9145 Section 9145. Nonstatutory provisions; Transportation.

(1c) City of Kewaunee harbor assistance grant. In the 2015-16 fiscal year, from the appropriations under sections 20.395 (2) (cq) and 20.866 (2) (uv) of the statutes, as affected by this act, notwithstanding the eligibility criteria under section 85.095 of the statutes, the department of transportation shall award a grant under section 85.095 (2) (a) of the statutes to the city of Kewaunee for harbor infrastructure improvements and repair and restoration of harbor facilities. The amount of the grant awarded under this subsection shall be $4,220,000 or the total cost of the project, whichever is less.

(1d) State highway program audit. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a performance evaluation audit of the state highway program. If the committee directs the legislative audit bureau to conduct the audit, the bureau shall file its reports in the manner described under section 13.94 (1) (b) of the statutes by January 1, 2017. If conducted, the audit shall do all of the following:

(a) Evaluate the department of transportation's traffic forecasting methodologies, assess the accuracy of its forecasts as compared to those produced by other states, assess the conformity of the department's traffic forecasting methodologies with relevant professional standards, and consider any other factor relevant to the assessment of the department's traffic forecasting methodologies.

(b) The evaluation under paragraph (a) shall include a comparison of traffic forecasts provided by the department of transportation from 1990 to 2014 during federal environmental project reviews with postconstruction traffic counts in corresponding completed project locations.

(c) The comparison under paragraph (b) shall include a comparison of the accuracy of the department of transportation's traffic forecasts for projects in the state highway rehabilitation program, the major highway development program, the southeast Wisconsin freeway rehabilitation program, and the southeast Wisconsin freeway megaprojects program.