1995 Wisconsin Act 27

36.25 (12) (b) All property used by the Wisconsin psychiatric institute established under s. 46.044, except real property used by the institute and except property of the university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics, is transferred to the board which shall hold such property for the use of the psychiatric research institute.

27,1768 Section 1768 . 36.25 (13) (title) of the statutes is repealed.

27,1769 Section 1769 . 36.25 (13) (a) of the statutes is repealed.

27,1770g Section 1770g. 36.25 (13) (b) of the statutes is renumbered 233.04 (3b) (a) and amended to read:

233.04 (3b) (a) The board shall maintain Except as provided in par. (b), maintain, control and supervise the use of such hospitals the University of Wisconsin Hospitals and Clinics, for the purposes of:

1. Delivering comprehensive, high-quality health care to patients using the hospitals and to those seeking care from its programs, including a commitment to provide such care for the medically indigent.

2. Instructing medical Providing an environment suitable for instructing medical and other health professions students, physicians, nurses and members of other health-related disciplines.

3. Sponsoring and supporting research in the delivery of health care to promote further the welfare of the patients treated and applying the advances in health knowledge to alleviate human suffering, promote health and prevent disease.

4. Assisting health programs and personnel throughout the state and region in the delivery of health care.

27,1771 Section 1771 . 36.25 (13) (c) of the statutes is repealed.

27,1772 Section 1772 . 36.25 (13) (d) of the statutes is repealed.

27,1772m Section 1772m. 36.25 (16) of the statutes is repealed.

27,1773 Section 1773 . 36.25 (30) (intro.) of the statutes is amended to read:

36.25 (30) Hazardous pollution prevention program. (intro.) The board shall establish in the extension a hazardous pollution prevention program to promote hazardous pollution prevention, as defined in s. 144.955 (1) (c). In cooperation with the department of natural resources, the department of development and the hazardous pollution prevention board council, the program shall do all of the following:

27,1774 Section 1774 . 36.25 (30) (b) of the statutes is repealed.

27,1775 Section 1775 . 36.25 (30) (c) of the statutes is amended to read:

36.25 (30) (c) Assist the hazardous pollution prevention board council in preparing the report under s. 144.955 (3) (f) 560.19 (4) (d).

27,1775e Section 1775e. 36.25 (30e) of the statutes is created to read:

36.25 (30e) Recycling market development board. The board shall assign to extension personnel the responsibility for managing the attachment of the recycling market development board to the system.

27,1775f Section 1775f. 36.25 (30e) of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.

27,1775h Section 1775h. 36.25 (30g) of the statutes is created to read:

36.25 (30g) Recycling market development program. The board shall establish in the extension, in cooperation with the recycling market development board, a program of education and technical assistance related to recycling market development. The program shall serve waste generators, as defined in s. 159.40 (4); solid waste scrap brokers, dealers and processors; business entities that use or could use recovered materials or that produce or could produce products from recovered materials and persons who provide support services to those business entities; and the general public.

27,1775hd Section 1775hd. 36.25 (30m) (intro.) of the statutes is renumbered 36.25 (30m) and amended to read:

36.25 (30m) (title) Agricultural technology and family farm institute programs. The board shall may establish an agricultural technology and family farm institute programs in the college of agriculture and life sciences at the university of Wisconsin-Madison to do all of the following:.

27,1775hf Section 1775hf. 36.25 (30m) (a) to (d) of the statutes are repealed.

27,1775hi Section 1775hi. 36.25 (33) of the statutes is amended to read:

36.25 (33) Quality improvement awards. From the appropriation under s. 20.285 (1) (a), the board annually may award up to $500 each to no more than 10 system employes who make suggestions that result in significant quality improvements for the system relating to supplies and expenses. The At the commencement of each gubernatorial term of office, the board shall appoint a council under s. 15.04 (1) (c) to nominate recipients for the awards. The board shall not make more than one award to an employe in the same fiscal year. An award is not part of an employe's base pay.

27,1775j Section 1775j. 36.25 (36) of the statutes is created to read:

36.25 (36) Higher education location program. The board shall maintain in the extension a higher education location program to provide information on undergraduate admission requirements, degree programs, enrollment, student financial aid, student housing and admission forms.

27,1775k Section 1775k. 36.25 (37) of the statutes is created to read:

36.25 (37) Area health education center. The board shall maintain at the University of Wisconsin-Madison an area health education center to support community-based primary care training programs.

27,1775r Section 1775r. 36.27 (4) (a) of the statutes is amended to read:

36.27 (4) (a) In the 1993-94 and 1994-95 to 1996-97 academic years, the board may annually exempt from nonresident tuition, but not from incidental or other fees, up to 200 students enrolled at the university of Wisconsin-Parkside as juniors or seniors in programs identified by that institution as having surplus capacity and up to 150 students enrolled at the university of Wisconsin-Superior in programs identified by that institution as having surplus capacity.

27,1777 Section 1777 . 36.39 (2) of the statutes is amended to read:

36.39 (2) Complimentary and reduced price tickets required permitted by rules of intercollegiate athletic conferences in which the system participates if the chancellor of the institution participating in the athletic event has approved the furnishing of such tickets; and

27,1778 Section 1778 . 36.47 of the statutes is repealed.

27,1779 Section 1779 . 36.50 (title) and (1) (intro.) of the statutes are renumbered 196.497 (title) and (1) (intro.).

27,1780 Section 1780 . 36.50 (1) (a) of the statutes is repealed.

27,1781 Section 1781 . 36.50 (1) (b) to (d) of the statutes are renumbered 196.497 (1) (b) to (d).

27,1782 Section 1782 . 36.50 (2) of the statutes is renumbered 196.497 (2) and amended to read:

196.497 (2) Coordination. (a) Initial agency to be contacted. The board commission shall serve as the initial agency in this state to be contacted by the federal department of energy or any other federal agency on any matter related to the long-term disposal of high-level radioactive waste or transuranic waste.

(b) Receipt of information. The board commission shall serve as the initial agency in this state to receive any report, study, document, information or notification of proposed plans from the federal department of energy or any other federal agency on any matter related to the long-term disposal of high-level radioactive waste or transuranic waste. Notification of proposed plans include notification of proposals to conduct field work, on-site evaluation, on-site testing or similar activities.

(c) Dissemination of information. The board commission shall disseminate or arrange with the federal department of energy or other federal agency to disseminate information received under par. (b) to appropriate state agencies, local units of government, regional planning commissions, American Indian tribal governing bodies, the general public, interested citizen groups and persons who have requested in writing to receive this information.

(d) Response. The board commission shall respond to contacts under par. (a) and information received under par. (b) if a response is appropriate. The board commission shall consult with the radioactive waste policy council and the radioactive waste technical council and with appropriate state agencies, local units of government, regional planning commissions, American Indian tribal governing bodies, the general public and interested citizen groups in preparing this response. The radioactive waste policy council and the radioactive waste technical council shall prepare written comments for use in this response if requested to do so by the board.

27,1783 Section 1783 . 36.50 (3) of the statutes is renumbered 196.497 (3) and amended to read:

196.497 (3) Advocate. The board commission shall serve as an advocate on behalf of the citizens of this state before the federal department of energy and other federal agencies on matters related to the long-term disposal of radioactive waste and transuranic waste.

27,1784 Section 1784 . 36.50 (4) of the statutes is repealed.

27,1785 Section 1785 . 36.50 (5) to (7) of the statutes are renumbered 196.497 (5) to (7) and amended to read:

196.497 (5) Review of applications for federal funds. The board commission shall review any application to the federal department of energy or other federal agency by a state agency, local unit of government or regional planning commission for funds for any program related to the long-term disposal of high-level radioactive waste or transuranic waste. If the board commission finds that the application is not consistent with the board's commission's policy related to the long-term disposal of high-level radioactive waste or transuranic waste or that the application is not in the best interest of the state, the board commission shall forward its findings to the governor, the joint committee on finance and the federal agency to which the application for funds is being made. If the board commission finds that the application of a state agency is not consistent with the board's commission's policy related to the long-term disposal of high-level radioactive waste or transuranic waste or that the application of a state agency is not in the best interest of the state, the findings forwarded to the governor shall include a recommendation that the governor act under s. 16.54 (1) and stipulate conditions for the acceptance of the funds which are necessary to safeguard the interests of the state.

(6) Monitor federal activity. The board commission shall monitor activity in congress and the federal government related to the long-term disposal of high-level radioactive waste and transuranic waste. The board commission may advise the congressional delegation from this state of action which is needed to protect the interests of the state.

(7) Request attorney general to intervene. If appropriate the board commission shall request the attorney general to intervene in federal proceedings to protect the state's interests and present the state's point of view on matters related to the long-term disposal of high-level radioactive waste or transuranic waste.

27,1786 Section 1786 . 36.50 (8) (title) of the statutes is renumbered 196.497 (8) (title).

27,1787 Section 1787 . 36.50 (8) (a) and (b) of the statutes are renumbered 196.497 (8) (a) and (b) and amended to read:

196.497 (8) (a) Negotiations with the federal department of energy. The board commission shall serve as the agency in this state to negotiate written agreements and modifications to these agreements, with the federal department of energy on any matter related to the long-term disposal of high-level radioactive waste or transuranic waste.

(b) Negotiations with other federal agencies. The board commission shall serve as the agency in this state to negotiate written agreements and modifications to these agreements, with any federal agency other than the federal department of energy on any matter related to the long-term disposal of high-level radioactive waste or transuranic waste.

27,1788 Section 1788 . 36.50 (8) (c) of the statutes is repealed.

27,1789 Section 1789 . 36.50 (8) (d) of the statutes is renumbered 196.497 (8) (d) and amended to read:

196.497 (8) (d) Hearings. The board commission shall conduct more than one public hearing hearings on any proposed agreement or modification to an agreement negotiated under par. (a) or (b). The board commission shall provide 30 days' notice of the date and location of hearings conducted under this paragraph. The board commission shall prepare a written summary of testimony presented at hearings conducted under this paragraph and shall consider the need for modifications to the negotiated agreement as a result of the hearings.

27,1790 Section 1790 . 36.50 (8) (e) of the statutes is repealed.

27,1791 Section 1791 . 36.50 (8) (f) of the statutes is renumbered 196.497 (8) (f).

27,1792 Section 1792 . 36.50 (8) (g) of the statutes is renumbered 196.497 (8) (g) and amended to read:

196.497 (8) (g) Technical revisions. The board commission may negotiate what in the board's commission's judgment are technical revisions to any agreement approved under sub. (10).

27,1793 Section 1793 . 36.50 (8) (h) of the statutes is repealed.

27,1794 Section 1794 . 36.50 (8) (i) of the statutes is renumbered 196.497 (8) (i).

27,1795 Section 1795 . 36.50 (9) of the statutes is renumbered 196.497 (9), and 196.497 (9) (a), (b) (intro.) and 5. to 11. and (c) (intro.), 2., 4. and 5., as renumbered, are amended to read:

196.497 (9) (a) Separate agreements. The board commission may negotiate separate agreements with the federal department of energy concerning different stages of the process of evaluating and selecting a site for the long-term disposal of high-level radioactive waste or transuranic waste. The board commission shall negotiate a separate agreement with the federal department of energy for the final stages of the selection of any site for the long-term disposal of high-level radioactive waste or transuranic waste.

(b) Contents. (intro.) Any agreement negotiated by the board commission with the federal department of energy under sub. (8) (a) shall include all of the following:

5. A requirement that the federal department of energy and any of its contractors or subcontractors shall provide the board commission with all reports and documents the board commission requests and any other relevant reports and documents in a timely manner and in accordance with any applicable law, regulation or rule. The requirement shall specify that the federal department of energy may not charge a fee for searching for or for supplying reports and documents requested by the board commission. The requirement shall specify that the federal department of energy shall provide the board commission with all reports and documents the board commission requests and any other relevant reports and documents from contractors and subcontractors after the reports and documents are submitted to the federal department of energy regardless of whether the reports and documents have received the department of energy's final approval.

6. A requirement that, upon request by the board commission, the federal department of energy shall provide the data, methods and underlying assumptions used in the preparation of reports and documents in accordance with any applicable law, regulation or rule.

7. A requirement that the federal department of energy shall notify the board commission of any grants related to the long-term disposal of high-level radioactive waste and transuranic waste from the federal department of energy to any person in this state.

8. A requirement that the federal department of energy shall notify the board commission in a timely manner of any proposed field work, on-site evaluation, on-site testing or similar activities it or any contractor or subcontractor intends to conduct and a requirement that the federal department of energy shall allow the board commission to monitor these activities by designating a reasonable number of persons to observe the activities or by any other appropriate means.

9. A requirement that the federal department of energy shall provide the board commission in a timely manner with a copy of any requests for proposals and final contracts issued by the federal department of energy relating to the evaluation, selection or construction of a site for the long-term disposal of high-level radioactive waste or transuranic waste in this state.

10. A provision that the federal department of energy shall agree to provide funds to be used to provide educational programs under sub. (4) and to review the activities of the federal department of energy and its contractors and subcontractors which relate to assessing the suitability of the state for the long-term disposal of high-level radioactive waste or transuranic waste.

11. A process for resolving disputes between the board commission and the federal department of energy including disputes concerning alleged violations of the written agreement and disputes concerning technical assessments made by the federal department of energy. The process for resolving disputes concerning technical assessments made by the federal department of energy may involve a process of scientific review and mediation.

(c) Objection to site selection. (intro.) Any agreement negotiated by the board commission with the federal department of energy under sub. (8) (a) shall include a list of reasons for which the board commission may object to the selection of a site within this state for the long-term disposal of high-level radioactive waste and transuranic waste. These reasons shall include the following:

2. The federal department of energy fails to address to the satisfaction of the board commission the potential socioeconomic effects of the site or of the transportation of waste to the site.

4. If, in the judgment of the board commission, the federal department of energy fails to comply with criteria, regulations or standards of other federal agencies concerning the long-term disposal of high-level radioactive waste or transuranic waste including criteria which excludes a proposed site from consideration because of previous mining or drilling of any type within the area which could be affected by the construction of the site or by the heat resulting from the disposal of high-level radioactive waste or transuranic waste at the site.

5. If, in the judgment of the board commission, the federal department of energy fails to use generally accepted scientific and technical practices in evaluating the suitability of a site for the long-term disposal of high-level radioactive waste or transuranic waste.

27,1796 Section 1796 . 36.50 (10) of the statutes is renumbered 196.497 (10), and 196.497 (10) (a) to (c), as renumbered, are amended to read:

196.497 (10) (a) Submission. The board commission shall submit any written agreement or modification to an agreement negotiated under sub. (8) (a) or (b), approved by the board commission and approved by the federal department of energy or other federal agency to the speaker of the assembly and the president of the senate. The board commission shall submit with the agreement or modification a written summary of the hearings held under sub. (8) (d).

(b) Introduction of bill. Upon request of the board commission, the speaker of the assembly or the president of the senate shall introduce a bill to approve the agreement or modification to an agreement. The bill is not subject to s. 16.47 (2).

(c) Legislative action required. Within 120 days after the bill is introduced the appropriate committees in each house of the legislature shall authorize an extraordinary session of the legislature to commence within the 120 days and to extend until the legislature passes the bill or passes a joint resolution which disapproves of the agreement or modification and returns the agreement or modification to the board commission for renegotiation. If the 120-day period extends beyond the date specified in s. 13.02 (1), the 120-day period is deemed to commence on the first day the succeeding legislature convenes, unless a bill or joint resolution is passed prior to that time.

27,1797 Section 1797 . 36.50 (11) of the statutes is renumbered 196.497 (11), and 196.497 (11) (a), as renumbered, is amended to read:

196.497 (11) (a) Submission. The board commission shall submit any technical revision to a written agreement negotiated under sub. (8) (g), approved by the board commission and approved by the federal department of energy or other federal agency, to the presiding officer of each house of the legislature and to the governor.

27,1798 Section 1798 . 36.50 (11m) of the statutes is renumbered 196.497 (11m), and 196.497 (11m) (a) to (c) and (f), as renumbered, are amended to read:

196.497 (11m) (a) (title) Review by the board commission. If the federal department of energy selects a site in the state for construction of a repository for the long-term disposal of high-level radioactive or transuranic waste, the board commission shall review the adequacy of the selected site and of the site plan prepared by the federal department of energy under sub. (9) (b) 12. The review shall include a full scientific review of the adequacy of the selected site and of the site plan. The board shall solicit written comments on the selected site and the site plan from the radioactive waste policy council and the radioactive waste technical council. The board commission shall utilize recognized experts in conducting its scientific review. The board commission shall conduct more than one public hearing on the site plan and shall make available to the public arguments and evidence for and against the site plan. The board commission shall provide 30 days' notice of the date and location of the public hearings. The board commission shall solicit comments from appropriate state agencies, local units of government, regional planning commissions, American Indian tribal governing bodies, the general public and interested citizen groups on the adequacy of the selected site and the site plan. The board commission shall make these comments available to the public.

(b) Recommendation to the legislature and the governor. After completing this review, the board commission shall submit a recommendation to the speaker of the assembly, the president of the senate and the governor on whether the state should accept the site selected by the federal department of energy and the site plan. The reasons for which the board commission may recommend that the legislature and the governor object to the site selection or the site plan, or both, include those specified in sub. (9) (c). The recommendation to the speaker of the assembly and the president of the senate shall be accompanied by a request for the introduction of a bill to approve the site selected and the site plan or by a request for the introduction of a bill to disapprove the site or the site plan or both.

(c) Introduction of legislation. Upon request of the board commission, the speaker of the assembly or the president of the senate shall introduce a bill reflecting the recommendation of the board commission on whether to approve or disapprove the site selected by the federal department of energy and the site plan. The bill is not subject to s. 16.47 (2).

(f) Transmittal of action by the legislature and the governor. After the legislature takes action under par. (d) and after the governor takes any action under par. (e), the chief clerk of the house of origin shall notify the board commission of the action taken and the board commission shall send a report to the president of the United States, the members of the U.S. senate, the members of the U.S. house of representatives, the federal department of energy and other appropriate federal agencies. The report shall contain a summary of the review undertaken by the board commission in accordance with par. (a), the recommendation made by the board commission under par. (b), the action of the legislature under par. (d) and any action of the governor under par. (e).