(g) Pending matters. Any matter pending with the department of health and social services on the effective date of this paragraph that is primarily related to any of the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by this act, is transferred to the department of revenue and all materials submitted to or actions taken by the department of health and social services with respect to the pending matter are considered as having been submitted to or taken by the department of revenue.".
850.
Page 2323, line 24: delete the material beginning with that line and ending with page 2326, line 11.
****NOTE: This deletes duplicative language. The transfer language for the low-income energy assistance program approved by the joint committee on finance is found in SECTION 9126 (27i).
851.
Page 2347, line 4: delete lines 4 to 8.
852.
Page 2347, line 8: after that line insert:
"(28x) MANAGED CARE MEDICAL ASSISTANCE FORMS WORKING GROUP. The department of health and social services shall convene a working group no later than January 1, 1996, comprised of department employes and representatives of managed care providers under the medical assistance program. The working group shall study the development of standardized forms to be used by managed care providers under the medical assistance program, other than forms to be used for billing or obtaining medical assistance reimbursement. In particular, the working group shall study the development of standardized forms to be used to obtain referrals and prior authorization for care. The department of health and social services shall submit the results of the working group's study to the legislature in the manner provided under section 13.172 (2) of the statutes no later than July 1, 1996.".
853.
Page 2354, line 1: delete lines 1 to 4.
854.
Page 2356, line 16: delete "7.5 FTE PR" and substitute "8.3 FTE PR and 0.2 FTE SEG".
855.
Page 2369, line 18: after that line insert:
"(16gg) TRANSFER OF CHILD SUPPORT AND PATERNITY PROGRAMS; POSITION AUTHORIZATIONS.
(a) The authorized FTE positions for the department of industry, labor and human relations funded from the appropriation under section 20.445 (3) (a) of the statutes, as affected by this act, are decreased by 9.13 GPR positions on July 1, 1996, for general program operations related to child support and paternity programs.
(b) The authorized FTE positions for the department of industry, labor and human relations funded from the appropriation under section 20.445 (3) (cd) of the statutes, as affected by this act, are decreased by 10.03 GPR positions on July 1, 1996, for administering child support and paternity establishment programs.
(c) The authorized FTE positions for the department of industry, labor and human relations funded from the appropriation under section 20.445 (3) (ja) of the statutes, as affected by this act, are decreased by 6.12 PR positions on July 1, 1996, for administering child support and paternity establishment programs.
(d) The authorized FTE positions for the department of industry, labor and human relations funded from the appropriation under section 20.445 (3) (n), as affected by this act, are decreased by 46.72 FED positions on July 1, 1996, for administering child support and paternity establishment programs.".
856.
Page 2371, line 19: delete the material beginning with that line and ending with page 2372, line 11 and substitute:
"(1) PUBLIC INTERVENOR; PENDING MATTERS. Within 30 days after the effective date of this subsection, the public intervenor shall withdraw from any action or proceeding in which the public intervenor is a party. Within 30 days after the effective date of this subsection, 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.".
857.
Page 2376, line 11: delete lines 11 to 20.
858.
Page 2378, line 9: after that line insert:
"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.".
859.
Page 2378, line 14: after that line insert:
"(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.".
860.
Page 2382, line 10: delete the material beginning with "that" and ending with "paragraph" on line 12.
861.
Page 2383, line 13: after that line insert:
"(7g) CLEAN WATER FUND HARDSHIP ASSISTANCE FOR VILLAGE OF WAUSAUKEE. Notwithstanding rules promulgated under section 144.241 (13) of the statutes, the department of natural resources and the department of administration shall amend the clean water fund financial assistance agreement with the village of Wausaukee so that the village receives a no-interest loan for the amount of its cost overruns up to $480,000. 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. 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.".
862.
Page 2383, line 23: delete the material beginning with that line and ending with page 2384, line 7.
863.
Page 2387, line 2: after that line insert:
"(12b) ELIMINATION OF VIDEO TAPING FUNCTIONS. The department of natural resources shall transfer to the department of administration the equipment used by the department of natural resources in performing video taping functions for public information and education purposes. The department of administration shall sell or otherwise dispose of the equipment before June 30, 1997. Any proceeds from the sale or disposal shall be deposited into the general fund.".
864.
Page 2387, line 2: after that line insert:
"(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.".
865.
Page 2389, line 24: delete ", 8th and 10th grade performance assessments" and substitute "grade examination".
866.
Page 2389, line 25: delete "(b)".
867.
Page 2390, line 2: delete "appropriate grades" and substitute "4th grade".
868.
Page 2391, line 25: substitute "July 15" for "July 1".
869.
Page 2392, line 6: before that line insert:
"SECTION 9146. Nonstatutory provisions; public service commission.
(1t) FENCING, FARM CROSSING AND CATTLE GUARD COSTS. The commissioner of railroads and the chairperson of the public service commission shall jointly develop a plan for phasing in state reimbursement of 100% of the costs incurred by railroads for fencing, farm crossings and cattleguards, and shall submit a report containing their findings, conclusions and recommendations, including recommended statutory changes, to the joint committee on finance by January 1, 1996.".
870.
Page 2394, line 25: after that line insert:
"(1x) RULES. On or before May 1, 1996, the department of revenue shall submit to the legislative council staff under section 227.15 (1) of the statutes proposed rules to implement use-value assessment of agricultural land. The rules shall define "agricultural use" and shall designate categories of agricultural land based upon agricultural use, soil productivity and location. The rules shall also include guidelines to be used by property tax assessors in classifying land as agricultural land, including guidelines on ways to distinguish, particularly with respect to small acreage parcels, land devoted primarily to agricultural use from land devoted primarily to residential, recreational or commercial use. The rules shall provide a capitalization rate based on the federal land bank's 5-year average capitalization rate for, and the per-acre values based on the income that is or could be generated from renting for agricultural use of, each category of land. The rules shall provide a method for calculating capitalization rates for each municipality by adding to the 5-year average of federal land bank short-term adjustable rate mortgages for this state's agricultural marketplace the municipality's net property tax rate for the previous year. After they are promulgated, the rules shall be incorporated into the assessment manual under section 73.03 (2a) of the statutes.".
871.
Page 2395, line 5: after that line insert:
"(2gg) TRANSFER OF CHILD SUPPORT AND PATERNITY PROGRAMS; POSITION AUTHORIZATIONS.
(a) The authorized FTE positions for the department of revenue are increased by 9.13 GPR positions on July 1, 1996, to be funded from the appropriation under section 20.566 (4) (a) of the statutes, as affected by this act, for general program operations related to child support and paternity programs.
(b) The authorized FTE positions for the department of revenue are increased by 10.03 GPR positions on July 1, 1996, to be funded from the appropriation under section 20.566 (4) (cd) of the statutes, as affected by this act, for administering child support and paternity establishment programs.
(c) The authorized FTE positions for the department of revenue are increased by 6.12 PR positions on July 1, 1996, to be funded from the appropriation under section 20.566 (4) (ja) of the statutes, as affected by this act, for administering child support and paternity establishment programs.
(d) The authorized FTE positions for the department of revenue are increased by 46.72 FED positions on July 1, 1996, to be funded from the appropriation under section 20.566 (4) (n) of the statutes, as affected by this act, for administering child support and paternity establishment programs.".
872.
Page 2398, line 1: delete lines 1 to 5 and substitute:
"(1bt) TRANSFER OF FUNCTIONS TO DEPARTMENT OF FINANCIAL INSTITUTIONS.
(a) On the effective date of this paragraph, the assets and liabilities of the office of the secretary of state primarily related to business organization record-keeping and filing functions, as determined by the secretary of administration, shall become the assets and liabilities of the department of financial institutions.
(am) On the effective date of this paragraph, 17.0 FTE PR positions in the office of the secretary of state performing duties primarily related to business organization record-keeping and filing functions, as determined by the secretary of administration, and the incumbent employes holding those positions are transferred to the department of financial institutions.
(as) Employes transferred under paragraph (am) have 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 they enjoyed in the office of the secretary of state 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.
(b) On the effective date of this paragraph, all tangible personal property, including records, of the office of the secretary of state that is primarily related to business organization record-keeping and filing functions, as determined by the secretary of administration, is transferred to the department of financial institutions.
(c) All contracts entered into by the office of the secretary of state in effect on the effective date of this paragraph that are primarily related to business organization record-keeping and filing functions, 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.
(d) All rules promulgated by the office of the secretary of state that are in effect on the effective date of this paragraph and that are primarily related to business organization record-keeping and filing functions, 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 office of the secretary of state that are in effect on the effective date of this paragraph and that are primarily related to business organization record-keeping and filing functions, 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.
(e) All matters pending with the office of the secretary of state on the effective date of this paragraph that are primarily related to business organization record-keeping and filing functions, 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 office of the secretary of state with respect to the pending matter are considered as having been submitted to or taken by the department of financial institutions.
(2bt) TRANSFER OF UNIFORM COMMERCIAL CODE FILING FUNCTIONS TO DEPARTMENT OF FINANCIAL INSTITUTIONS.
(a) On the effective date of this paragraph, the assets and liabilities of the office of the secretary of state primarily related to uniform commercial code filings and federal lien filings, as determined by the secretary of administration, shall become the assets and liabilities of the department of financial institutions. (b) On the effective date of this paragraph, 14.0 FTE PR positions in the office of the secretary of state performing duties primarily related to uniform commercial code filings and federal lien filings, as determined by the secretary of administration, and the incumbent employes holding those positions are transferred to the department of financial institutions.
(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 department of financial institutions that they enjoyed in the office of the secretary of state 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 office of the secretary of state that is primarily related to uniform commercial code filings and federal lien filings, as determined by the secretary of administration, is transferred to the department of financial institutions.
(e) All contracts entered into by the office of the secretary of state in effect on the effective date of this paragraph that are primarily related to uniform commercial code filings and federal lien filings, 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 office of the secretary of state that are in effect on the effective date of this paragraph and that are primarily related to uniform commercial code filings and federal lien filings, 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 office of the secretary of state that are in effect on the effective date of this paragraph and that are primarily related to uniform commercial code filings and federal lien filings, 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 office of the secretary of state on the effective date of this paragraph that are primarily related to uniform commercial code filings and federal lien filings, 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 office of the secretary of state with respect to the pending matter are considered as having been submitted to or taken by the department of financial institutions.".
873.
Page 2403, line 5: after that line insert:
"(1mt) COST-EFFICIENCY STANDARDS.
(a) In promulgating rules under section 85.20 (7) (b) of the statutes, as created by this act, the department of transportation shall establish a transit committee to assist the department in developing the cost-efficiency standards for the purposes of section 85.20 (7) (a) of the statutes, as created by this act. The membership of the transit committee shall include the chairpersons of all of the following standing committees of the legislature:
1. The highways and transportation committee of the assembly.
2. The transportation, agriculture and local affairs of committee of the senate.
3. The natural resources committee of the assembly.
4. The environment and energy committee of the senate.
(b) This subsection does not apply after December 31, 1996.
(1t) EAST-WEST FREEWAY. The department of transportation may not conduct any construction activities relating to highway resurfacing or bridge repair on the East-West Freeway from downtown Milwaukee to Waukesha until calendar year 1997.
(2mt) SURPLUS LAND SALE. The department of transportation shall sell sufficient surplus land, as defined in section 84.09 (8) (a) of the statutes, during the 1995-97 fiscal biennium to deposit not less than $4,500,000 in the transportation fund from such sales.
(2t) ENTITLEMENT TO SUPPLEMENTS FOR UNBUDGETED COMPENSATION ADJUSTMENTS. Notwithstanding section 20.928 of the statutes, the department of transportation is not entitled to any supplements for unbudgeted compensation adjustments under section 20.928 of the statutes for the 1995-97 fiscal biennium for any position funded from the appropriations under section 20.395 (2) (eq) or (3) (bq), (cq) or (eq) of the statutes, as affected by this act, except for any supplement that exceeds an adjustment increase for that position of 3%, as determined by the secretary of administration.
(3mt) HIGHWAY PROJECTS.
(a) Notwithstanding section 84.013 of the statutes, as affected by this act, no moneys may be expended by the department of transportation for the major highway project specified under section 84.013 (3) (yf) of the statutes in the 1995-97 fiscal biennium from the appropriations listed under section 84.013 (2) (a) of the statutes.
(b) Notwithstanding section 84.013 of the statutes, as affected by this act, no moneys may be expended by the department of transportation for the major highway project specified under section 84.013 (3) (wg) of the statutes in the 1995-96 fiscal year from the appropriations listed under section 84.013 (2) (a) of the statutes.
(c) No moneys may be expended by the department of transportation for the reconditioning, reconstruction or resurfacing of Pennsylvania Avenue beginning at College Avenue and extending to Layton Avenue in Milwaukee County in the 1995-97 fiscal biennium from the appropriations listed under section 84.013 (2) (b) of the statutes.
(3t) EFFICIENCY MEASURES. By September 1, 1995, the department of transportation shall submit recommendations to the joint committee on finance if the department wishes to reallocate reductions resulting from budgetary efficiency measures and position vacancy reductions among the segregated fund revenue appropriations of the department of transportation for state operations. If the department submits recommendations under this subsection, the recommendations shall be implemented if the committee approves the recommendations, or does not schedule a meeting for the purpose of reviewing the recommendations within 14 working days after their receipt.
(4mt) AGENCY REQUEST. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 1997-99 biennial budget bill, the department of transportation shall submit information as follows:
(a) A dollar amount for each fiscal year of the 1997-99 fiscal biennium for the appropriation account under section 20.395 (5) (cq) of the statutes, as affected by this act, that is $430,600 less than the total amount appropriated under section 20.395 (5) (cq) of the statutes for the 1996-97 fiscal year, before submitting any information relating to any increase or decrease in the dollar amount for that appropriation for the 1997-99 fiscal biennium.
(b) A number for the authorized FTE positions for the department of transportation, to be funded from the appropriation under section 20.395 (5) (cq) of the statutes, as affected by this act, that is 24.2 SEG positions less than the number of authorized FTE positions funded from that appropriation for the 1996-97 fiscal year, before submitting any information relating to any increase or decrease in FTE position authorizations to be funded from that appropriation for the 1997-99 fiscal biennium.
(4t) ELDERLY AND DISABLED TRANSPORTATION EXPENDITURES STUDY. The department of transportation shall conduct a study to determine the total amount and sources of all funds expended in this state on transportation services for the elderly and disabled. On or before July 1, 1996, the department of transportation shall report the results of its study to the governor, and to the chief clerk of each house of the legislature for distribution in the manner provided under section 13.172 (2) of the statutes, as affected by this act. All other state agencies shall cooperate with the department of transportation in conducting the study.
(5mt) REPAVING OF I 43. The department of transportation shall repave that portion of I 43 with a tined surface beginning before Henry Clay Street and extending beyond Bender and Devon streets in Milwaukee County, no later than 6 months after the effective date of this subsection, for the purpose of eliminating the tined surface. The department shall expend funds not to exceed $650,000 from the appropriation under section 20.395 (3) (cq) or (cx) of the statutes, as affected by this act, for the repaving project.
(5t) URBAN RAIL TRANSIT SYSTEMS.
(a) The department of transportation shall prepare a report that identifies the amounts of moneys that the department of transportation intended to expend in the 1995-97 fiscal biennium for the study of any urban rail transit system, including any light rail transit system, and the appropriations from which the moneys were to be expended, and shall submit the report to the cochairpersons of the joint committee on finance by August 30, 1995.
(b) Upon receiving the report under paragraph (a), the joint committee on finance may transfer all or part of the moneys from the appropriation accounts identified in the report to any of the appropriation accounts under section 20.395 (1) (bq) or (bu) of the statutes, as affected by this act. Upon transfer of any moneys to the appropriation account under section 20.395 (1) (bq) or (bu) of the statutes, the amounts in the schedule are increased by the amount transferred for the fiscal year in which the transfer is made.
(6mt) CALCULATION OF RATE. The department of transportation shall determine the rate for calculating the amount due under section 341.45 (1g) (a) of the statutes, as affected by this act, for the 3rd quarter of 1995 and the 4th quarter of 1995, 1996 and 1997 by adding the rates for the taxes under chapter 78 of the statutes and the fee under section 168.12 of the statutes for each of the months in the quarter, by adding the 3 total rates and by dividing that total by 3.
(6t) UNFAIR SALES ACT STUDY. The department of transportation and the department of agriculture, trade and consumer protection shall jointly develop a plan for strengthening the enforcement of this state's unfair sales act, particularly as it relates to the sale of motor vehicle fuel and other petroleum products, and shall submit a report containing their findings, conclusions and recommendations, including recommended statutory changes, to the joint committee on finance by September 30, 1995.".
874.
Page 2403, line 6: delete the material beginning with that line and ending with page 2404, line 16.
