(b) Employe status. The employe transferred under paragraph (a) has all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of natural resources that the employe enjoyed in the department of justice 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.
(c) Pending matters. Within 30 days after the effective date of this paragraph, the public intervenor shall withdraw from any action or proceeding before a court in which the public intervenor is a party. Within 30 days after the effective date of this paragraph, the public intervenor shall submit written notification to the department of natural resources, and any other state agency, withdrawing any pending request made by the public intervenor for an investigation, study, report or other information if the request was made for purposes of an action or proceeding threatened or pending before a court.
(2) Efficiency measures. By September 1, 1995, the department of justice shall submit a request to the governor and the joint committee on finance indicating how savings in fiscal year 1995-96 of $144,900 and in fiscal year 1996-97 of $611,400 resulting from budgetary efficiency measures should be allocated among the department's general purpose revenue appropriations. The request shall include a specific plan for implementing the reductions that identifies the programs, positions and expenditure categories to be eliminated or reduced.
If the cochairpersons of the committee do not notify the department of justice that the committee has scheduled a meeting for the purpose of reviewing the request within 14 working days after the date of the department's submittal, the request may be implemented as proposed by the department. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed request, the request may be implemented only upon approval of the committee.
(3q) Transfer of consumer protection function.
(a) Assets and liabilities. On July 1, 1996, all assets and liabilities of the department of justice primarily related to its consumer protection investigation and enforcement functions in chapters 100, 134, 136, 344, 704, 707 and 779 of the statutes, as affected by this act, shall become the assets and liabilities of the department of agriculture, trade and consumer protection. The departments of justice and agriculture, trade and consumer protection shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall decide the question.
(b) Employe transfers. On July 1, 1996, 13.8 FTE positions in the department of justice that are primarily related to its consumer protection investigation and enforcement functions in chapters 100, 134, 136, 344, 704, 707 and 779 of the statutes, as affected by this act, and the incumbents holding these positions, as determined by the secretary of administration, are transferred to the department of agriculture, trade and consumer protection.
(c) Employe status. 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 department of agriculture, trade and consumer protection that they enjoyed in the department of justice 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) Supplies and equipment. On July 1, 1996, all tangible personal property, including records, of the department of justice primarily related to its consumer protection investigation and enforcement functions in chapters 100, 134, 136, 344, 704, 707 and 779 of the statutes, as affected by this act, are transferred to the department of agriculture, trade and consumer protection. The departments of justice and agriculture, trade and consumer protection shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall decide the question.
(e) Pending matters. On July 1, 1996, any matter pending with the department of justice primarily related to its consumer protection investigation and enforcement functions in chapters 100, 134, 136, 344, 704, 707 and 779 of the statutes, as affected by this act, is transferred to the department of agriculture, trade and consumer protection. All materials submitted or actions taken by the department of justice with respect to the pending matter are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.
(f) Contracts. On July 1, 1996, all contracts entered into by the department of justice primarily related to its consumer protection investigation and enforcement functions in chapters 100, 134, 136, 344, 704, 707 and 779 of the statutes, as affected by this act, which are in effect on the effective date of this paragraph, remain in effect and are transferred to the department of agriculture, trade and consumer protection. The departments of justice and agriculture, trade and consumer protection shall jointly identify these contracts and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall decide the question. The department of agriculture, trade and consumer protection shall carry out any such contractual obligations until modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.
(g) Rules and orders. All rules promulgated by the department of justice that are in effect on the effective date of this paragraph and that are primarily related to its consumer protection investigation and enforcement functions in chapter 344 of the statutes remain in effect until their specified expiration date or until amended or repealed by the department of agriculture, trade and consumer protection. All orders issued by the department of justice that are in effect on the effective date of this paragraph and that are primarily related to its consumer protection investigation and enforcement functions in chapter 344 of the statutes, as affected by this act, remain in effect until their specified expiration date or until modified or rescinded by the department of agriculture, trade and consumer protection.
27,9137
Section 9137.(15)
Nonstatutory provisions; legislature.
(1g) Relief block grant program study. If a relief block grant is paid under section 49.025 of the statutes, as created by this act, in 1996, the joint legislative audit committee is requested to direct the legislative audit bureau to perform a financial and performance evaluation of that relief block grant program. 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 no later than December 31, 1997. The bureau shall consider all of the following in conducting its audit:
(a) The degree to which a county that receives a relief block grant provides a range of health care services, including primary, secondary and tertiary care, and emergency care in community hospitals and at any trauma centers that meet the criteria established by the American College of Surgeons for classification as a Level I trauma center.
(b) The adequacy of reimbursement to health care providers providing health care services funded by the relief block grant program.
(c) The degree to which the health care services funded by the relief block grant program are successful in improving the geographic accessibility of primary care, including the availability of care provided in community-based clinics.
(d) The degree to which the relief block grant program encourages health care providers to contribute uncompensated care, or care at compensation levels below normal charges, to the patient population served by a relief block grant.
(e) The effect of the relief block grant program on medical education and residency training programs offered by the Medical College of Wisconsin, and the effect of any possible future changes that may be under consideration by the county to the delivery of services funded under the relief block grant program.
(1j) Wisconsin Institute for School Executives. During the 1995-97 fiscal biennium, from the appropriation under section 20.865 (4) (a) of the statutes, the joint committee on finance shall supplement the appropriation to the Wisconsin Institute for School Executives under section 20.255 (3) (ed) of the statutes, as created by this act, if all of the following occur:
(a) The institute submits to the committee a report on its objectives and proposed activities that includes a detailed budget for the staffing and operation of the institute and identifies all funding sources.
(b) The committee approves the report, or does not schedule a meeting for the purpose of reviewing the report within 14 working days after receipt of the report.
(2v) Initial legislative document distribution service subscriptions. No later than December 1, 1996, the chief of the legislative reference bureau shall recommend to the joint committee on legislative organization specified portions of the legislative document distribution service to be provided separately under section 35.87 of the statutes, as affected by this act, and the initial biennial fees to be charged for each portion so provided.
(3g)
Legislators' expenses.
(a) Notwithstanding section 20.916 (8) of the statutes, beginning on the effective date of this paragraph and ending on June 30, 1997, the speaker of the assembly may adjust the maximum allowance for legislative expenses for representatives to the assembly beginning on a specific date by filing a notice with the chief clerk of the assembly to that effect, but only if the maximum allowance set by the speaker of the assembly does not exceed the maximum allowance amount approved by the joint committee on employment relations and if the speaker provides at least 30 days' written notice of the change to representatives of the assembly. Notwithstanding section 20.916 (8) of the statutes, beginning on the effective date of this paragraph and ending on June 30, 1997, the president of the senate may adjust the maximum allowance for legislative expenses for senators beginning on a specific date by filing a notice with the chief clerk of the senate to that effect, but only if the maximum allowance set by the president of the senate does not exceed the maximum allowance amount approved by the joint committee on employment relations and if the president of the senate provides at least 30 days' written notice of the change to senators.
(b) Notwithstanding section 13.123 (1) (a) 1. of the statutes, beginning on the effective date of this paragraph and ending on June 30, 1997, if the speaker of the assembly adjusts the maximum allowance under paragraph (a), a representative to the assembly may not receive an allowance greater than the amount established by the speaker of the assembly under paragraph (a). Notwithstanding section 13.123 (1) (a) 1. of the statutes, beginning on the effective date of this paragraph and ending on June 30, 1997, if the president of the senate adjusts the maximum allowance under paragraph (a), a senator may not receive an allowance greater than the amount established by the president of the senate under paragraph (a).
(c) Notwithstanding section 13.123 (1) (a) 1. of the statutes, beginning on the effective date of this paragraph and ending on June 30, 1997, a senator or representative to the assembly may file a new affidavit under section 13.123 (1) (a) 1. of the statutes following any reduction of an allowance for members of his or her house under this subsection which shall remain in effect until June 30, 1997.
27,9139
Section 9139.(15)
Nonstatutory provisions; lower Wisconsin state riverway board.
(1g) Transfer of lower Wisconsin state riverway board to department of tourism.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of natural resources that are primarily related to the functions of the lower Wisconsin state riverway board, as determined by the secretary of administration, shall become the assets and liabilities of the department of tourism, as created by this act.
(b) Employe transfers. All incumbent employes holding positions in the department of natural resources performing duties that are primarily related to the functions of the lower Wisconsin state riverway board, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of tourism.
(c) Employe status. 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 department of tourism that they enjoyed in the department of natural resources 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 natural resources 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 tourism.
(e) Contracts. All contracts entered into by the department of natural resources 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 tourism. The department of tourism shall carry out any such contractual obligations unless modified or rescinded by the department of tourism to the extent allowed under the contract.
27,9141
Section 9141.
Nonstatutory provisions; military affairs.
(2b) National guard tuition grants. The treatment of section 21.49 (3) (a) of the statutes by Section 1220t of this act is effective only if 1995 Assembly Bill 73, as shown by senate substitute amendment 2, as affected by senate amendment 1, is enacted without change as it affects section 21.49 (3) (a) of the statutes.
27,9142
Section 9142.
Nonstatutory provisions; natural resources.
(1) Transfer of state property. On July 1, 1996, the department of natural resources shall convey to the state historical society title to Old Wade House state park, including the Wesley W. Jung Carriage Museum, in the town of Greenbush, Sheboygan County.
(1g) Report on use of wood ash. No later than November 1, 1995, the department of natural resources shall submit a report to the legislature, in the manner provided under section 13.172 (2) of the statutes, on how it will facilitate the use of wood ash and coordinate activities related to the use of wood ash by producers of wood ash, farmers and the department.
(2t) Allocation of expenditure reductions. The department of natural resources shall submit, to the joint committee on finance for consideration at its 3rd quarterly meeting in 1995 under section 13.10 of the statutes, a plan for allocating reductions of $475,000 in fiscal year 1995-96 and $475,000 in fiscal year 1996-97 among the department's appropriations from the environmental fund.
(6) Petroleum storage tank transfer.
(b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of natural resources primarily related to the responsibilities that are given to the department of development by this act concerning discharges from petroleum storage tanks, as determined by the secretary of administration, shall become the assets and liabilities of the department of development.
(c) Employe transfers. On the effective date of this paragraph, the employes of the department of natural resources that perform primarily activities associated with the responsibilities that are given to the department of development by this act concerning discharges from petroleum storage tanks, as determined by the secretary of administration, are transferred to the department of development.
(d) Employe status. Employes transferred under paragraph (b) to the department of development have all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of development that they enjoyed in the department of natural resources 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.
(e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of natural resources primarily used in relation to the responsibilities that are given to the department of development by this act concerning discharges from petroleum storage tanks, as determined by the secretary of administration, are transferred to the department of development.
(f) Contracts. All contracts entered into by the department of natural resources relating to the responsibilities that are given to the department of development by this act concerning discharges from petroleum storage tanks that are in effect on the effective date of this paragraph remain in effect and are transferred to the department of development. The department of development shall carry out any obligations under those contracts until they are modified or rescinded by the department of development to the extent allowed under the contracts.
(g) Orders. All orders issued by the department of natural resources that are in effect on the effective date of this paragraph relating to the responsibilities that are given to the department of development by this act concerning discharges from petroleum storage tanks remain in effect until their specified expiration dates or until modified or rescinded by the department of development.
(h) Pending matters. Any matter pending with the department of natural resources on the effective date of this paragraph relating to the responsibilities that are given to the department of development by this act concerning discharges from petroleum storage tanks is transferred to the department of development and all materials submitted to or actions taken by the department of natural resources with respect to the pending matter are considered to have been submitted to or taken by the department of development.
(i) Federal approval. The secretary of natural resources, the secretary of industry, labor and human relations and the secretary of development shall work together to ensure that the changes in this state's program for underground storage tank regulation that result from this act are approved by the federal environmental protection agency under 42 USC 6991c no later than January 1, 1997.
(j) Memorandum of understanding. The department of development and the department of natural resources shall submit a memorandum of understanding, as required under section 101.144 (3m) of the statutes, as created by this act, to the secretary of administration no later than October 15, 1995.
(6g) Clean water fund emergency rules. Before July 1, 1996, using the procedure under section 227.24 of the statutes, the department of natural resources shall promulgate rules required under section 144.241 (9m) (fm) of the statutes, as created by this act, for the period before permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 of the statues, 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.
(6t) Rules on reuse of high-volume industrial waste.
(a) The department of natural resources shall create a committee under section 227.13 of the statutes to advise the department with respect to the promulgation of rules under section 144.435 (5) of the statutes, as created by this act. The advisory committee shall consist of the following members:
1. Two representatives of the Wisconsin Cast Metals Association, designated by the association.
2. One representative of the Wisconsin Paper Council, designated by the council.
3. One representative of the Wisconsin Utilities Association, designated by the association.
4. One employe each of the department of administration, the department of development and the department of transportation, designated by the secretaries of the respective departments.
5. Two employes of the department of natural resources, designated by the secretary of natural resources.
6. One member designated by the secretary of natural resources from a list of nominees submitted by private environmental protection groups.
7. One representative of the construction industry, designated by the secretary of development.
(b) The department of natural resources shall submit the proposed rules required under section 144.435 (5) of the statutes, as created by this act, to the legislative council staff for review under section 227.15 (1) of the statutes, no later than July 1, 1996.
(7) Clean water fund hardship assistance.
(a) In this subsection, “adjusted gross income" means Wisconsin adjusted gross income, as defined in section 71.01 (13) of the statutes.
(b) Notwithstanding section 144.241 (13) (b) of the statutes, as affected by this act, a municipality with a project on a priority list established under section 144.241 (8e) of the statutes, as affected by this act, for the 1995-97 biennium is eligible for assistance in the form specified in section 144.241 (13) (c) of the statutes, as affected by this act, for all project costs eligible for financial assistance under sections 144.241 and 144.2415 of the statutes, as affected by this act, except those costs to which section 144.241 (8) (b), (c) or (f) of the statutes or section 144.241 (8) (h) of the statutes, as affected by this act, applies, if all of the following apply:
1. The municipality received a clean water fund planning and design financial hardship assistance agreement for the project during the 1991 to 1995 fiscal years or the municipality's construction project appeared on the 1993, 1994 or 1995 clean water fund hardship funding list.
2. Total charges imposed on residential users in the municipality that relate to wastewater treatment exceed 1.5% of the total adjusted gross income of residents of the municipality.
3. The municipality is in the top 25% of municipalities for total charges imposed on residential users that relate to wastewater treatment as a percentage of the total equalized value of property in the municipality.
4. The per capita adjusted gross income of residents of the municipality does not exceed the per capita adjusted gross income of residents of this state.
5. The equalized value of the improved residential property in the municipality divided by the number of improved residential parcels in the municipality does not exceed the equalized value of the improved residential property in this state divided by the number of improved residential parcels in this state, as reported by the department of revenue.
6. The municipality satisfies section 144.2415 (9) (b) 2. of the statutes and all other requirements for clean water fund assistance that are not inconsistent with this subsection.
(7g) Clean water fund hardship assistance for village of Wausaukee. Notwithstanding section 144.241 (8) (f) of the statutes and rules promulgated under section 144.241 (13) of the statutes, the department of natural resources and the department of administration shall forgive the interest on $480,000 of the clean water fund loan approved for the village of Wausaukee before the effective date of this subsection. The department may not decrease the amount of the grant, or increase the interest rate on any portion of any other loan, to the village under the clean water fund financial assistance agreement. Any costs incurred under this subsection shall be funded from the appropriation under section 20.320 (1) (s) of the statutes. Notwithstanding section 144.2415 (3) (e) and (f) of the statutes, the present value for the assistance under this subsection shall be allocated from the percentage of the amount approved by the legislature under section 144.2415 (3) (d) of the statutes for financial assistance other than hardship assistance.
(8p) Council on recycling. The governor shall specify which 7 of the individuals who are members of the council on recycling immediately prior to the effective date of this subsection shall continue to serve on the council on recycling.
(9g) Debt service for program for local aids for dams. Notwithstanding any project enumeration in an authorized state building program, for the 1995-97 fiscal biennium any payments for principal and interest incurred in financing the aid program for dams under section 20.866 (2) (tx) of the statutes shall be paid from the appropriation under section 20.370 (7) (ar) of the statutes, as renumbered and amended by this act.
(9m) Public intervenor board. Notwithstanding the length of the terms specified in section 15.345 (4) (b) of the statutes, as created by this act, the initial members of the public intervenor board appointed under section 15.345 (4) (b) of the statutes, as created by this act, shall be appointed for the following terms:
(a) The members appointed under section 15.345 (4) (b) 2. of the statutes for terms expiring on July 1, 1997.
(b) The members appointed under section 15.345 (4) (b) 1. of the statutes and the members appointed under section 15.345 (4) (b) 3. of the statutes for terms expiring on July 1, 1999.
(9p) Funding for licensing automation. During fiscal year 1995-96, the department of natural resources may not encumber or expend moneys from the appropriation under section 20.370 (1) (mu) of the statutes for the purpose of automating the department's system for issuing approvals under chapter 29 of the statutes unless the department first notifies the joint committee on finance in writing of the proposed encumbrance or expenditure. If the cochairpersons of the joint committee on finance do not notify the department of natural resources within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposed encumbrance or expenditure, the moneys may be encumbered or expended as proposed by the department. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed encumbrance or expenditure, the moneys may be encumbered or expended only upon approval of the committee. This subsection does not apply after the department has encumbered or expended a total of $100,000 from this appropriation for this purpose or June 30, 1996, whichever occurs first.
(9x) Snowmobile supplemental trail aids. Of the moneys appropriated under section 20.370 (5) (cs) of the statutes, as affected by this act, the department of natural resources shall make available in fiscal year 1995-96 $259,300 to make payments for supplemental trail aid payments to the department of natural resources or to a county for trail maintenance costs that were incurred in the winter season of 1992-93 and that exceed the maximum specified under section 350.12 (4) (b) 1. of the statutes.
(9z)
Permits for drainage work in navigable waters. Any drainage board that has an application pending on the effective date of this subsection with the department of natural resources for a permit under section 30.20 of the statutes or chapter 31 of the statutes as provided under section 88.62 (3) of the statutes may continue with the applicable procedures for obtaining that permit or may withdraw the application and subsequently apply for a permit under section 88.31 of the statutes. This subsection does not apply after June 30, 1998.
(10g)
Aid program for dams. Notwithstanding section 31.385 (2) of the statutes and any rules promulgated by the department of natural resources under section 31.385 (1) of the statutes:
(a) The department of natural resources shall provide financial assistance in the amount of $200,000 in fiscal year 1995-96 from the appropriation under section 20.866 (2) (tL) of the statutes, as affected by this act, to the town of Spider Lake for a dam in Sawyer County.
(b) The department of natural resources shall provide financial assistance in the amount of $55,400 in fiscal year 1995-96 from the appropriation under section 20.866 (2) (tL) of the statutes, as affected by this act, to the town of Douglas for a dam in Marquette County.
(10h)
Fish and wildlife expenditures. Before September 1, 1995, the department of natural resources shall submit to the joint committee on finance a plan that will reduce expenditures from the conservation fund that relate to fish and wildlife management so that the expenditures will not have exceeded during the 1995-97 biennium the revenues deposited in the conservation fund during the biennium that relate to fish and wildlife management. If the cochairpersons of the joint committee on finance do not notify the department of natural resources
that the committee has scheduled a meeting to review the plan within 14 working days after the date of the department's submittal of the plan, the plan may be implemented as proposed by the department. If, within 14 working days after the date of the submittal of the plan, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed plan, the plan may be implemented only upon approval of the committee.
(10j)
Recreational boating projects; dam renovation and repair. Of the amounts appropriated under section 20.370 (5) (cq) of the statutes, as affected by this act, and before applying the percentages under section 30.92 (4) (b) 6. of the statutes, the department of natural resources shall expend in fiscal year 1995-96 the amount that is necessary for the renovation and repair of the Chair Factory Dam in Grafton, but the amount shall not exceed $264,000. Notwithstanding section 30.92 (1) (c) of the statutes, the dam project specified under this subsection is a recreational boating facility for the purpose of expending moneys under this subsection. The dam project specified under this subsection is exempt from being placed on the priority list under section 30.92 (3) (a) of the statutes.
(11g)
Recreational boating project aids. In the information that the department of natural resources submits under section 16.42 of the statutes for purposes of the 1997-99 biennial budget bill, the amount in the schedule under the appropriation account under section 20.370 (5) (cq) of the statutes, as affected by this act, for fiscal year 1996-97 shall be considered to be $200,000 more than the total amount appropriated under that appropriation account for that fiscal year.
(11z)
Stewardship funding.
(a) In this subsection, “qualifying local unit of government" means a local unit of government that has submitted an application before May 1, 1995, for funding from the appropriation under section 20.866 (2) (tz) of the statutes, as affected by this act, for the acquisition of land for a golf course.
(b) Notwithstanding any deadline promulgated by rule by the department of natural resources, a qualifying local unit of government may submit an application for funding for land acquisition from the appropriation under section 20.866 (2) (tz) of the statutes, as affected by this act, and the application shall be considered to have been submitted before May 1, 1995, if the application is submitted within 30 days of the effective date of this paragraph.
(13p)
Transfer and status of certain foresters. On the effective date of this subsection, 3 incumbent employes holding the position of forester in the department of natural resources who provide services for the division of trust lands and investments, as determined by the secretary of natural resources, are transferred to the office of the state treasurer. Employes transferred under this subsection have all rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes that they enjoyed in the department of natural resources. 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.
27,9143
Section 9143.
Nonstatutory provisions; personnel commission.
