1995 Wisconsin Act 27

4. `Contracts.' All contracts entered into by the department of tourism in effect on the effective date of this subdivision that are primarily related to the fine arts in state buildings program of the arts board, as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any such contractual obligations unless modified or rescinded by the department of administration to the extent allowed under the contract.

5. `Application.' This paragraph applies if the joint committee on finance does not approve the funding report of the arts board under paragraph (a).

27,9106 Section 9106. Nonstatutory provisions; banking.

(1)   Transfer of functions to division of banking.

(a)  On the effective date of this paragraph, the assets and liabilities of the office of the commissioner of banking shall become the assets and liabilities of the division of banking.

(b)  On the effective date of this paragraph, 74.0 FTE PR positions in the office of the commissioner of banking and the incumbent employes holding those positions are transferred to the division of banking.

(c)  Employes transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the division of banking that they enjoyed in the office of the commissioner of banking 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.

(d)  On the effective date of this paragraph, 14.5 FTE PR positions in the office of the commissioner of banking are deauthorized.

(e)  On the effective date of this paragraph, all tangible personal property, including records, of the office of the commissioner of banking is transferred to the division of banking.

(f)  All contracts entered into by the office of the commissioner of banking in effect on the effective date of this paragraph remain in effect and are transferred to the division of banking. The division of banking shall carry out any such contractual obligations until modified or rescinded by the division of banking to the extent allowed under the contract.

(g)  All rules promulgated by the office of the commissioner of banking 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 division of banking. All orders issued by the office of the commissioner of banking 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 administrator of the division of banking.

(h)  All matters pending with the office of the commissioner of banking on the effective date of this paragraph are transferred to the division of banking and all materials submitted to or actions taken by the office of the commissioner of banking with respect to the pending matter are considered as having been submitted to or taken by the division of banking.

27,9108 Section 9108.(4) Nonstatutory provisions; building commission.

(1) 1995-97 Authorized state building program. For the fiscal years beginning on July 1, 1995, and ending on June 30, 1997, the authorized state building program is as follows: - See PDF for table - See PDF for table - See PDF for table

(2) 1993-95 State building program deletions. In 1993 Wisconsin Act 16, section 9108 (1) (m) 2., under projects financed by program revenue supported borrowing, the 1993-95 state building program project identified as “Wisconsin veterans home at King - Wastewater treatment plant expansion" is deleted and the appropriate totals are decreased accordingly.

(2g) Juvenile facility construction plan approval. Prior to acting under section 13.48 (10) of the statutes to approve the construction, reconstruction, remodeling of or addition to any of the following projects, the build ing commission shall submit to the joint committee on finance plans for that construction, reconstruction, remodeling or addition and obtain the approval of that committee of those plans:

(a) The 250 juvenile secured correctional program beds authorized under 1993 Wisconsin Act 377, section 9108 (1) (a).

(b) The juvenile assessment and evaluation center authorized under subsection (1) (d) 1.

(c) The 75-bed female youth center expansion at the Southern Wisconsin Center for the Developmentally Disabled authorized under subsection (1) (d) 1.

(3) Programs previously authorized. In addition to the projects and financing authority enumerated under subsection (1), the building and financing authority enumerated under the previous authorized state building programs is continued in the 1995-97 fiscal biennium.

(4) Loans. During the 1995-97 fiscal biennium, the building commission may make loans from general fund supported borrowing or the building trust fund to state agencies, as defined in section 20.001 (1) of the statutes, for projects which are to be utilized for programs not funded by general purpose revenue and which are authorized under subsection (1) (p).

(5) Project contingency funding reserve. During the 1995-97 fiscal biennium, the building commission may allocate moneys from the appropriation under section 20.866 (2) (yg) of the statutes, as affected by this act, for contingency expenses in connection with any project in the authorized state building program.

(6) Capital equipment funding allocation.

(a) During the 1995-97 fiscal biennium, the building commission may allocate moneys from the appropriation under section 20.866 (2) (ym) of the statutes, as affected by this act, for capital equipment acquisition in connection with any project in the authorized state building program.

(b) During the 1995-97 fiscal biennium, the building commission may allocate moneys from the appropriation under section 20.866 (2) (ym) of the statutes, as affected by this act, for the replacement of capital equipment of the educational communications board. The money allocated under this paragraph may be used in conjunction with any matching funds available to the educational communications board.

(c) During the 1995-97 fiscal biennium, the building commission may allocate moneys from the appropriation under section 20.866 (2) (ym) of the statutes, as affected by this act, to acquire other priority capital equipment for state agencies, as defined in section 20.001 (1) of the statutes.

(7) Prison expansion project. Notwithstanding section 20.924 (1) (d) of the statutes, the building commission may not authorize the contracting of public debt under section 18.06 (4) of the statutes for, or the construction under section 13.48 (10) of the statutes of, the project identified under subsection (1) (b) 4. as “Prison expansion project", unless the state receives at least $50,000,000 in federal funding for the project.

(11g)  State capitol south wing renovation and restoration. No contract for the renovation and restoration of the south wing of the state capitol may be entered into without completion of final plans, arrangement for supervision of construction and prior approval by the building commission. Upon such completion, arrangement and approval, the department of administration shall proceed with construction and shall transfer the amounts required to finance the construction from the appropriation account under section 20.855 (9) (a) of the statutes, as created by this act, to the capital improvement fund.

(12) State fair park projects. Notwithstanding section 18.04 (2) of the statutes, the building commission shall not authorize public debt to be contracted for the building projects identified in subsection (1) (i) as the “Youth and athlete facility" or the “Coliseum renovation" until the commission receives a copy of and approves the report required under Section 9152 (1z) of this act.

27,9110 Section 9110.(3) Nonstatutory provisions; circuit courts.

(1t) Court reporter overtime study. The director of state courts shall conduct a study of court reporter overtime, training costs and transcript volume, ways to reduce the costs related to court reporter overtime and more efficient methods of transcribing court proceedings. By January 1, 1997, the director of state courts shall submit a report of the results of that study to the governor and to the joint committee on finance.

27,9111 Section 9111. Nonstatutory provisions; conservation corps board.

(1)  Transfer to the department of industry, labor and human relations.

(a)  Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the functions of the Wisconsin conservation corps board, as determined by the secretary of administration, shall become the assets and liabilities of the department of industry, labor and human relations.

(b)  Employe transfers.

1.  All incumbent employes holding positions in the department of administration who are performing duties primarily related to the functions of the Wisconsin conservation corps board, as determined by the secretary of administration, are transferred on the effective date of this subdivision to the department of industry, labor and human relations.

2.  All corps enrollees as described under section 16.20 (10) (a) of the statutes, as affected by this act, are transferred on the effective date of this subdivision to the department of industry, labor and human relations.

(c)  Employe status. Employes transferred under paragraph (b) 1. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of industry, labor and human relations that they enjoyed in the department of administration 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.

(d)  Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to the functions of the Wisconsin conservation corps board, as determined by the secretary of administration, is transferred to the department of industry, labor and human relations.

(e)  Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the functions of the Wisconsin conservation corps board, as determined by the secretary of administration, remain in effect and are transferred to the department of industry, labor and human affairs. The department of industry, labor and human relations shall carry out any such contractual obligations until modified or rescinded by the department of industry, labor and human relations to the extent allowed under the contract.

(3p)  Increase in minimum wage. If the Wisconsin conservation corps board submits a request under section 13.101 of the statutes, as affected by this act, that the joint committee on finance take action to fund increased corps enrollee support costs related to an increase in the minimum wage as required to be paid under section 16.20 (10) (c) of the statutes, as affected by this act, the requirement of a finding of emergency under section 13.101 (3) (a) 1. of the statutes does not apply to such a request. This subsection does not apply after June 30, 1997.

(3x) Report on employment of crew leaders. Before February 1, 1996, the Wisconsin conservation corps board shall submit a report to the joint committee on finance detailing the board's strategic plan and evaluating crew leaders' length of employment. The report shall include an analysis detailing whether maintaining the organizational stability of the Wisconsin conservation corps is more important than providing promotional opportunities for corps members.

27,9112 Section 9112. Nonstatutory provisions; corrections.

(1)  Electronic monitoring. All contracts entered into by the department of corrections under section 301.135 (1), 1993 stats., relating to electronic monitoring services for children and in effect immediately before the effective date of this subsection remain in effect. The department shall carry out any such contractual obligations until modified or rescinded by the department to the extent allowed under the contract.

(1t) Secured juvenile correctional facility staffing. Of the moneys appropriated to the department of corrections under section 20.410 (3) (hm) of the statutes, as created by this act, $10,093,400 of the amount appropriated in fiscal year 1996-97 may not be encumbered until the department of corrections submits a plan to the joint committee on finance for the staffing of the secured correctional facility established under Section 9126 (26v) of this act that specifies how those funds will be ex pended and the joint committee on finance approves that plan.

(1u) Juvenile correctional institution rates. No later than January 15, 1996, the secretary of corrections shall submit to the secretary of administration and to the cochairpersons of the joint committee on finance proposed rates under section 301.26 (4) (d) 3m. of the statutes, as created by this act, and section 301.26 (4) (d) 4. of the statutes, as created by this act, for maintaining a child in a juvenile correctional institution. The rates may not vary according to the juvenile correctional institution in which a child is placed. The rates shall reflect the average daily cost associated with maintaining a child in a juvenile correctional institution. The secretary of administration shall evaluate the rates and, if the secretary of administration approves of the rates, the secretary of administration shall, no later than March 1, 1996, submit a report to the cochairpersons of the joint committee on finance containing proposed legislation providing for those rates effective on July 1, 1996. The department of health and social services shall assist the department of corrections in proposing those rates.

(1v) Youth aids formula evaluation. The department of corrections shall evaluate the formula used by the department of health and social services to determine the allocation of community youth and family aids to counties under section 46.26 of the statutes and shall, by no later than July 1, 1996, submit to the secretary of administration and the cochairpersons of the joint committee on finance a proposed formula for the allocation of community youth and family aids to counties that reflects the factors specified in paragraphs (a) to (f). The secretary of administration shall evaluate that proposed formula and, if the secretary of administration approves of that proposed formula, the secretary of administration shall include that proposed formula in the 1997-99 budget compilation under section 16.43 of the statutes. The department of health and social services shall assist the department of corrections in making that evaluation. In making that evaluation, the department of corrections shall consider all of the following factors:

(a) The number of children placed under the legal custody or supervision of the department of health and social services or in child caring institutions as a result of any of the violations specified in section 48.34 (4h) (a) of the statutes, as created by this act, during state fiscal years 1993-94, 1994-95 and 1995-96.

(b) The number of children whom the department of corrections anticipates will be placed under the supervision of that department under the serious juvenile offender program under section 48.34 (4h) of the statutes, as created by this act, during state fiscal year 1996-97.

(c) Factors that target the need for juvenile delinquency-related services, including early intervention and chronic offender services.

(d) The number of children in this state living in poverty according to the latest U.S. bureau of the census figures available.

(e) The number of Part I juvenile arrests, including violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration during the most recent 2-year period for which that information is available.

(f) Various models for cost sharing between counties and the state.

(1x) Juvenile psychologist positions. If the department of corrections is unable to fill 2.0 PR vacant psychologist positions at the Lincoln Hills school in fiscal year 1996-97, that department shall use $93,600 from the appropriation under section 20.410 (3) (hm) of the statutes, as created by this act, to hire one or more limited-term employe psychologists or to contract for the provision of psychological services at the Lincoln Hills school.

(2t) Efficiency measures. By January 1, 1996, the department of corrections shall submit a report to the joint committee on finance recommending how savings in fiscal year 1996-97 of $1,700,000 resulting from budget efficiency measures should be allocated among the department's general purpose revenue appropriations and how many positions should be abolished. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed action within 14 working days after the date that the department submits the report, the department's allocation request shall be implemented and the positions shall be abolished. If, within 14 working days after the date that the department submits the report, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the allocation request shall not be implemented and the positions shall not be abolished unless the committee approves the action. Notwithstanding section 16.505 (1) of the statutes, as affected by this act, the department or the committee may abolish positions under this subsection.

(2x) Exchange of McNaughton Correctional Center property. Before July 1, 1996, the department of corrections shall transfer the property under its jurisdiction that is owned by the state in the town of Lake Tomahawk, Oneida County, to the department of natural resources in exchange for land owned by the state in Oneida County that is under the jurisdiction of the department of natural resources, that the department of natural resources offers in exchange and that the department of corrections finds to be suitable for the building of a correctional facility.

(3g) Probationer and parolee reimbursement fee; emergency rules. Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate rules required under section 304.074 (5) of the statutes, as created by this act, for the period before permanent rules take effect, but not to exceed the period under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 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.

(3x) Administrative and minimum supervision; emergency rules. Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate rules required under section 304.073 (3) of the statutes, as created by this act, for the period before permanent rules take effect, but not to exceed the period under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 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.

27,9115 Section 9115. Nonstatutory provisions; credit unions.

(1)   Transfer of functions to office of credit unions.

(a)  On the effective date of this paragraph, the assets and liabilities of the office of the commissioner of credit unions shall become the assets and liabilities of the office of credit unions.

(b)  On the effective date of this paragraph, 21.0 FTE PR positions in the office of the commissioner of credit unions and the incumbent employes holding those positions are transferred to the office of credit unions.

(c)  Employes transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the office of credit unions that they enjoyed in the office of the commissioner of credit unions 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.

(d)  On the effective date of this paragraph, 2.0 FTE PR positions in the office of the commissioner of credit unions are deauthorized.

(e)  On the effective date of this paragraph, all tangible personal property, including records, of the office of the commissioner of credit unions is transferred to the office of credit unions.

(f)  All contracts entered into by the office of the commissioner of credit unions in effect on the effective date of this paragraph remain in effect and are transferred to the office of credit unions. The office of credit unions shall carry out any such contractual obligations until modified or rescinded by the office of credit unions to the extent allowed under the contract.

(g)  All rules promulgated by the office of the commissioner of credit unions 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 office of credit unions. All orders issued by the office of the commissioner of credit unions 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 director of credit unions.

(h)  All matters pending with the office of the commissioner of credit unions on the effective date of this paragraph are transferred to the office of credit unions and all materials submitted to or actions taken by the office of the commissioner of credit unions with respect to the pending matter are considered as having been submitted to or taken by the office of credit unions.

27,9116 Section 9116. Nonstatutory provisions; development.

(1)  Hazardous pollution prevention council. Notwithstanding section 15.157 (5) of the statutes, as created by this act, the initial members of the hazardous pollution prevention council shall be appointed for the following terms:

(a)  Two members, to be determined by the governor, for terms expiring on July 1, 1996.

(b)  Three members, to be determined by the governor, for terms expiring on July 1, 1997.

(c)  Two members, to be determined by the governor, for terms expiring on July 1, 1998.

(2)  Initial terms of new council members. Notwithstanding the length of terms specified for the members of the council on main street programs under section 15.157 (7) (a) (intro.) of the statutes, as affected by this act, the initial members of the council under section 15.157 (7) (a) 11. of the statutes, as created by this act, shall be appointed for the following terms:

(a)  One member for a term expiring on July 1, 1996.

(b)  Two members for terms expiring on July 1, 1997.

(c)  One member for a term expiring on July 1, 1998.

(3g)  Rules for private sewage systems.

(a) Notwithstanding sections 101.02 (1), 101.63 (1), 101.73 (1), 145.02 (2) to (4) and 145.13 and chapter 160 of the statutes, neither the department of industry, labor and human relations nor the department of development may submit notification under section 227.19 (2) of the statutes for proposed rules related to private sewage systems, as defined in section 145.01 (12) of the statutes, before July 1, 1997.

(b) Paragraph (a) does not apply to rules related to fees.

(c) 1. Before January 1, 1996, the department of development shall appoint an advisory committee under section 227.13 of the statutes to assist in the drafting of rules related to private sewage systems, as defined in section 145.01 (12) of the statutes, and to assist in the study provided for in subdivision 3.

2. The committee appointed under subdivision 1. shall include representatives of all of the following areas of interest and expertise: private sewage system users, farmers, land use planners, soil scientists, public health experts, professional engineers who design private sewage systems, plumbers who install private sewage systems, private sewage system pumpers and waste haulers, hydrogeologists, county elected representatives, county private sewage system program administrators, the Wisconsin Towns Association, the department of natural resources, the department of health and social services, private sewage system component manufacturers, real estate developers and construction contractors.

3. The department of development, with the assistance of the committee appointed under subdivision 1., shall study all of the following:

a. The effect of proposed private sewage system rules on at least all of the following: public health, surface water and groundwater quality, property values, land development patterns, the affordability of housing and the long-term maintenance costs of housing.

b. The capacity of current governmental institutions to provide for management of private sewage systems, including the status and effectiveness of local zoning and land use controls, the capabilities for review and approval of private sewage system designs, the capabilities for discovering and responding to private sewage system failure and the capabilities for assuring proper maintenance of private sewage systems.

c. The capacity of consultants and other private sewage system designers to develop effective private sewage system designs.

d. The likelihood of private sewage system failures and the consequences of those failures.

4. Before July 1, 1997, the department of development shall submit its findings as the result of the study under subdivision 3. to the governor and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees in the manner provided under section 13.172 (3) of the statutes.

(4)  Transfer of division of tourism to department of tourism.