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.
875.
Page 2404, line 16: after that line insert:
"(2e) GENERAL PROGRAM OPERATIONS. The authorized FTE positions for the office of state treasurer, funded from the appropriation under section 20.585 (1) (kb) of the statutes, are increased by 6.13 PR positions for services for general program operations of the office of state treasurer.".
876.
Page 2409, line 18: delete the material beginning with "ensures" and ending with "budget;" on line 20.
877.
Page 2410, line 13: delete lines 13 to 19.
878.
Page 2428, line 23: after that line insert:
"(13b) COMMISSION ON PRIVATIZATION.
(a) Creation; duties.
1. In this subsection:
a. "Commission" means the commission on privatization created under subdivision 2.
b. "State agency" has the meaning given in section 20.001 (1) of the statutes.
2. There is created a special committee to be called the commission on privatization consisting of the following:
(a) The governor or his or her designee.
1. The secretary of administration or his or her designee.
a. Two senators and 2 representatives to the assembly, representing the majority and minority parties in each house, appointed in the same manner as members of standing committees.
b. One employe of the department of administration designated by the secretary of administration to serve as the nonvoting secretary of the commission.
c. Nine members appointed by the governor who are not public officers or employes. In making these appointments, the governor shall include one or more business owners and managers, employes who are not owners or managers, representatives of labor organizations, and theoreticians or consultants in the fields of business organization or management, personnel management or employment relations.
3. All members of the commission shall be designated or appointed within 10 days after the effective date of this subdivision.
4. The governor shall designate one of the members of the commission to serve as the chairperson of the commission and shall call the first meeting of the commission. At the first meeting, the commission shall select 2 vice chairpersons. The commission shall hold meetings at the call of the chairperson or upon the written request of 5 members of the commission. A majority of the members of the commission who are entitled to vote constitutes a quorum to do business. Each member of the commission shall serve without compensation for his or her services, but shall be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.
5. The commission may accept gifts, grants, bequests and devises that are made to fund the expenses of the commission. All moneys received under this paragraph shall be credited to the appropriation account under section 20.505 (3) (gb) of the statutes, as created by this act.
6. a. The commission shall study and evaluate all functions of state government that may be delegated to the private sector at a cost savings to state taxpayers.
b. The commission may appoint subcommittees, which may be assigned by the commission to develop recommendations for inclusion in specific reports.
c. The commission shall submit reports of its findings and any recommendations to the competitive enterprise review board, as created by this act.
d. The commission may propose legislation to carry out its recommendations by submitting its legislative proposals to the competitive enterprise review board, as created by this act. The commission may hold public hearings on its legislative proposals.
7. The commission may call upon any state agency to make available the resources, facilities or data of the state agency for use by the commission. Each state agency shall cooperate with the commission to the fullest extent possible, including the provision, if requested by the commission, of staff assistance.
8. The commission shall submit its reports under subdivision 6. c. and all of its legislative proposals under subdivision 6. d. no later than the first day of the 7th month beginning after the effective date of this subsection. Upon submittal of its reports, the commission ceases to exist.
SECTION 9201. Appropriation changes; administration.
(1) FUNDING OF COMMISSION ON PRIVATIZATION. If the moneys appropriated under section 20.505 (3) (a) of the statues are not sufficient to fund the operation of the commission on privatization, as created by this act, in conformity with the budget for the commission approved by the joint committee on finance under section 16.40 (14) of the statutes the secretary of administration shall transfer sufficient moneys from the appropriation account under section 20.505 (1) (a) of the statues to the appropriation account under section 20.505 (3) (a) of the statues to provide for the operation of the commission. Upon such transfer, the amount in the schedule for the appropriation under section 20.505 (3) (a) of the statutes is increased by the amount transferred during the fiscal year for which the transfer is made.".
879.
Page 2428, line 23: after that line insert:
"(14h) REPORTS CONCERNING POTENTIAL SPONSORSHIP OF STATE PUBLICATIONS.
(a) In this subsection, "executive branch agency" has the meaning given in section 16.70 (4) of the statutes.
(b) No later than January 1, 1996, each executive branch agency shall submit to the secretary of administration a report which describes the documents and other materials published by the agency and the mailings by the agency of substantially similar materials in bulk quantities. The report shall address the appropriateness and feasibility of securing sponsorship for such documents, materials and mailings, if the agency were authorized by law to do so, including specific types of sponsorship for specific documents, materials and mailings. An executive branch agency may conduct such surveys as may be required to obtain necessary data for the report prepared by the agency.
(c) The secretary of administration shall examine the reports received under paragraph (b) and shall report to the legislature in the manner prescribed under section 13.172 (2) of the statutes, concerning any legislative proposals that may be required to implement recommendations of the secretary concerning sponsorship for documents, materials or mailings of executive branch agencies.".
880.
Page 2428, line 23: after that line insert:
"(14g) LIMITATION ON FILLING OF VACANT POSITIONS.
