(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 The department of development shall carry out any obligations under those contracts until they are modified or rescinded by the department of development to the extent allowed under the contracts.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discharges from petroleum storage tanks remain in effect until their specified expiration dates or until modified or rescinded by the department of development.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.
(1) Adjudication of claims arising before termination of coverage. Notwithstanding the repeal of section 230.44 (1) (g) of the statutes by this act and Section 9459 (2) (c) of this act, any employe of the University of Wisconsin Hospitals and Clinics Authority who held a position with the authority during the period beginning on the effective date of this subsection and ending on June 30, 1997, may commence or continue to pursue under section 230.44 (1) (g) of the statutes, as created by this act, any appeal arising from a personnel decision made prior to July 1, 1997, until the appeal is appropriately adjudicated and any appropriate relief is granted.
(1m) Efficiency study. The personnel commission shall study its current procedures in all areas of its responsibility, identify areas that could become more efficient, develop recommendations to streamline its procedures and improve its operations and identify any positions that could be eliminated as a result of the efficiencies and improved procedures identified in the study. The personnel commission shall submit its findings and recommendations to the secretary of administration and the joint committee on finance by October 31, 1996.
(2) Appeals filing fee schedule. The personnel commission shall submit in proposed form the rules required under section 230.45 (3) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.
27,9144
Section 9144.
Nonstatutory provisions; public defender board.
(1) Transfer of positions and employes. On the effective date of this subsection, 4.5 FTE GPR positions having duties primarily related to the information technology implementation, support and management of the public defender board, as determined by the secretary of administration, are transferred from the public defender board to the department of administration. Employes transferred under this subsection have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that they enjoyed in the public defender board 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.
(2) Verification and collection system. Before October 1, 1995, the state public defender shall report to the department of administration on the plan of the state public defender in exercising the public defender's duties under section 977.06 (1) of the statutes, as created by this act.
(2m) Prepayment for counsel. Using the procedure under section 227.24 of the statutes, the state public defender board may promulgate rules under section 977.075 of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 977.075 of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the board is not required to make a finding of emergency.
(2md)
Private local attorneys; case assignment. Using the procedure under section 227.24 of the statutes, the state public defender board may promulgate rules under section 977.03 (3) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 977.03 (3) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the board is not required to make a finding of emergency.
(4) Cost-effectiveness of paralegal positions. By October 1, 1996, the state public defender shall submit a report to the legislature in the manner provided in section 13.172 (2) of the statutes and to the governor evaluating the cost-effectiveness of the use of the paralegal project positions for the state public defender that are authorized in this act.
(4zt)
Project for contracting representation by the state public defender. The state public defender may enter into one or more annual contracts with private local attorneys or law firms for the provision of legal services for appellate representation. The requirements for contracts under section 977.08 (3) (f)
and (fm) of the statutes, as affected by this act, shall apply to contracts under this subsection.
27,9145
Section 9145.
Nonstatutory provisions; public instruction.
(1) Agency name change.
(a) Wherever the term “department of public instruction" appears in the statutes, as affected by the acts of 1995, the term “department of education" is substituted.
(b) Wherever the term “state superintendent" appears in chapters 115 to 121 of the statutes, as affected by the acts of 1995
, except section 118.40 (1) of the statutes, as affected by this act, and except section 118.43 (5) (b) of the statutes, as created by this act, the term “department" is substituted.
(c) Wherever the term “state superintendent of public instruction" or “superintendent of public instruction" appears in the statutes, as affected by the acts of 1995, other than in chapters 14, 15, 20, 39 and 230 of the statutes, as affected by the acts of 1995, the term “secretary of education" is substituted.
(2) Pupil assessment. Except as provided in section 118.30 (2) of the statutes, as affected by this act, in the 1995-96 school year a school board may administer the 4th grade examination adopted or approved by the state superintendent of public instruction under section 118.30 (1) of the statutes, as affected by this act, to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade.
(3) School district revenue limits.
(a) For the purpose of calculating a school district's revenue limit for the 1995-96 school year under section 121.91 (2m) of the statutes, as affected by this act, the school district's revenue limit for the 1994-95 school year shall be recalculated using the definition of state aid in section 121.90 (2) of the statutes, as affected by this act, in section 121.91 (2) (a) 1. and (b) 1. of the statutes.
(b) For the purpose of calculating the revenue limit for the 1995-96 school year under section 121.91 (2m) of the statutes, as affected by this act, for the school district operating under chapter 119 of the statutes, the number of pupils used to calculate the school district's revenue limit for the 1994-95 school year shall be recomputed using the definition of “number of pupils" in section 121.90 (1) of the statutes, as affected by this act.
(7) Efficiency measures. By September 1, 1995, the department of public instruction shall submit a report to the joint committee on finance recommending how savings in fiscal year 1995-96 of $904,800 and in fiscal year 1996-97 of $3,524,000 resulting from budgetary efficiency measures should be allocated among the department's general purpose revenue appropriations, excluding local assistance appropriations and the appropriation under section 20.255 (3) (ea) of the statutes, as created by this act.
If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the report within 14 working days after the date of the submittal, the recommendation may be implemented as proposed by the department. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the report, the recommendation may be implemented only upon approval of the committee.
(8g) Initial terms of education commission members. Notwithstanding section 15.37 (1) (b) to (f) of the statutes, as affected by this act, the initial terms of the members of the education commission appointed under that section expire on January 20, 1997.
(8h) Office of the state superintendent of public instruction. The state superintendent of public instruction shall submit to the joint committee on finance a plan for the expenditure of the moneys appropriated under section 20.265 (1) of the statutes, as created by this act, during the 1995-97 biennium. The state superintendent may not encumber any of the moneys appropriated under that section of the statutes in the 1995-97 biennium without the approval of the plan by the committee.
(12v)
Cooperative educational service agency bylaws. The department of public instruction shall draft sample bylaws for the use of cooperative educational service agencies and by January 1, 1996, distribute a copy of the sample bylaws to the board of control of each cooperative educational service agency.
(12w)
Cooperative educational service agency annual convention. Notwithstanding section 116.02 of the statutes, as affected by this act, the board of control of each cooperative educational service agency shall hold its 1996 annual convention on June 12, 1996.
(12x)
Milwaukee parental choice program. Notwithstanding section 119.23 (2) (a) 3. of the statutes, as affected by this act, a private school shall notify the department of public instruction of the school's intent to participate in the program under that section of the statutes in the 1995-96 school year by July 15, 1995.
(13q)
Achievement guarantee contracts. Notwithstanding section 20.255 (2) (cu) of the statues, as created by this act, the department of public instruction and, beginning on January 1, 1996, the department of education, shall allocate $196,000 from that appropriation in the 1995-96 school year to design the evaluation required under section 118.43 (7) of the statues, as created by this act.
(15e)
Vocational education consultants. Of the amount appropriated under section 20.255 (1) (a) of the statutes, as affected by the acts of 1995, in the 1996-97 fiscal year, $741,100 is allocated to fund the positions specified in section 115.28 (30) of the statutes.
27,9147
Section 9147.
Nonstatutory provisions; regulation and licensing.
(1)
Charitable organization certificate of registration expiration dates. Notwithstanding section 440.08 (2) (a) 23m. of the statutes, as created by this act, and section 440.42 (1) (c) of the statutes, as affected by this act, the expiration date of a certificate of registration that was issued to a charitable organization under section 440.42 (1) (c), 1993 stats., before the effective date of this subsection and that expires after August 1, 1995, shall be extended to August 1, 1996.
(2) Renewal of professional fund-raiser and fund-raising counsel credentials.
(a) Credentials renewed on September 1, 1994. Notwithstanding section 440.43 (1) (c), 1993 stats., and section 440.44 (1) (c), 1993 stats., a certificate of registration for a professional fund-raiser or for a fund-raising counsel that was renewed on September 1, 1994, shall be valid until and renewable on September 1, 1996.
(b) Credentials issued on or after September 1, 1994. Notwithstanding section 440.43 (1) (c), 1993 stats., and section 440.44 (1) (c), 1993 stats., an initial certificate of registration for a professional fund-raiser or for a fund-raising counsel that was issued on or after September 1, 1994, and before the effective date of this paragraph shall be valid until and renewable on September 1, 1996.
(3)
Mortgage banking transfer.
(a) On the effective date of this paragraph, the assets and liabilities of the department of regulation and licensing primarily related to mortgage bankers, loan originators and loan solicitors, as determined by the secretary of administration, shall become the assets and liabilities of the department of financial institutions.
(b) One FTE PR position in the department of regulation and licensing performing duties primarily related to mortgage bankers, loan originators and loan solicitors, as determined by the secretary of administration, and the incumbent employe holding that position are transferred on the effective date of this paragraph to the department of financial institutions.
(c) The employe transferred under paragraph (b) has all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of financial institutions that the employe enjoyed in the department of regulation and licensing 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, all tangible personal property, including records, of the department of regulation and licensing that is primarily related to mortgage bankers, loan originators and loan solicitors, as determined by the secretary of administration, is transferred to the department of financial institutions.
(e) All contracts entered into by the department of regulation and licensing in effect on the effective date of this paragraph that are primarily related to mortgage bankers, loan originators and loan solicitors, as determined by the secretary of administration, remain in effect and are transferred to the department of financial institutions. The department of financial institutions shall carry out any such contractual obligations until modified or rescinded by the department of financial institutions to the extent allowed under the contract.
(f) All rules promulgated by the department of regulation and licensing that are in effect on the effective date of this paragraph and that are primarily related to mortgage bankers, loan originators and loan solicitors, as determined by the secretary of administration, remain in effect until their specified expiration date or until amended or repealed by the department of financial institutions. All orders issued by the department of regulation and licensing that are in effect on the effective date of this paragraph and that are primarily related to mortgage bankers, loan originators and loan solicitors, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the secretary of financial institutions.
(g) All matters pending with the department of regulation and licensing on the effective date of this paragraph that are primarily related to mortgage bankers, loan originators and loan solicitors, as determined by the secretary of administration, are transferred to the department of financial institutions and all materials submitted to or actions taken by the department of regulation and licensing with respect to the pending matter are considered as having been submitted to or taken by the department of financial institutions.
27,9148
Section 9148.
Nonstatutory provisions; revenue.
