AB150: Bill Text

AB150, s. 1780 Section 1780. 36.50 (1) (a) of the statutes is repealed.

AB150, s. 1781 Section 1781. 36.50 (1) (b) to (d) of the statutes are renumbered 196.497 (1) (b) to (d).

AB150, s. 1782 Section 1782. 36.50 (2) of the statutes is renumbered 196.497 (2) and amended to read:

AB150,738,20 196.497 (2) Coordination. (a) Initial agency to be contacted. The board commission shall serve as the initial agency in this state to be contacted by the federal department of energy or any other federal agency on any matter related to the long-term disposal of high-level radioactive waste or transuranic waste.

AB150,739,2 (b) Receipt of information. The board commission shall serve as the initial agency in this state to receive any report, study, document, information or notification of proposed plans from the federal department of energy or any other federal agency on any matter related to the long-term disposal of high-level radioactive waste or transuranic waste. Notification of proposed plans include notification of proposals to conduct field work, on-site evaluation, on-site testing or similar activities.

AB150,739,8 (c) Dissemination of information. The board commission shall disseminate or arrange with the federal department of energy or other federal agency to disseminate information received under par. (b) to appropriate state agencies, local units of government, regional planning commissions, American Indian tribal governing bodies, the general public, interested citizen groups and persons who have requested in writing to receive this information.

AB150,739,16 (d) Response. The board commission shall respond to contacts under par. (a) and information received under par. (b) if a response is appropriate. The board commission shall consult with the radioactive waste policy council and the radioactive waste technical council and with appropriate state agencies, local units of government, regional planning commissions, American Indian tribal governing bodies, the general public and interested citizen groups in preparing this response. The radioactive waste policy council and the radioactive waste technical council shall prepare written comments for use in this response if requested to do so by the board.

AB150, s. 1783 Section 1783. 36.50 (3) of the statutes is renumbered 196.497 (3) and amended to read:

AB150,739,22 196.497 (3) Advocate. The board commission shall serve as an advocate on behalf of the citizens of this state before the federal department of energy and other federal agencies on matters related to the long-term disposal of radioactive waste and transuranic waste.

AB150, s. 1784 Section 1784. 36.50 (4) of the statutes is repealed.

AB150, s. 1785 Section 1785. 36.50 (5) to (7) of the statutes are renumbered 196.497 (5) to (7) and amended to read:

AB150,740,16 196.497 (5) Review of applications for federal funds. The board commission shall review any application to the federal department of energy or other federal agency by a state agency, local unit of government or regional planning commission for funds for any program related to the long-term disposal of high-level radioactive waste or transuranic waste. If the board commission finds that the application is not consistent with the board's commission's policy related to the long-term disposal of high-level radioactive waste or transuranic waste or that the application is not in the best interest of the state, the board commission shall forward its findings to the governor, the joint committee on finance and the federal agency to which the application for funds is being made. If the board commission finds that the application of a state agency is not consistent with the board's commission's policy related to the long-term disposal of high-level radioactive waste or transuranic waste or that the application of a state agency is not in the best interest of the state, the findings forwarded to the governor shall include a recommendation that the governor act under s. 16.54 (1) and stipulate conditions for the acceptance of the funds which are necessary to safeguard the interests of the state.

AB150,740,21 (6) Monitor federal activity. The board commission shall monitor activity in congress and the federal government related to the long-term disposal of high-level radioactive waste and transuranic waste. The board commission may advise the congressional delegation from this state of action which is needed to protect the interests of the state.

AB150,740,25 (7) Request attorney general to intervene. If appropriate the board commission shall request the attorney general to intervene in federal proceedings to protect the state's interests and present the state's point of view on matters related to the long-term disposal of high-level radioactive waste or transuranic waste.

AB150, s. 1786 Section 1786. 36.50 (8) (title) of the statutes is renumbered 196.497 (8) (title).

AB150, s. 1787 Section 1787. 36.50 (8) (a) and (b) of the statutes are renumbered 196.497 (8) (a) and (b) and amended to read:

AB150,741,8 196.497 (8) (a) Negotiations with the federal department of energy. The board commission shall serve as the agency in this state to negotiate written agreements and modifications to these agreements, with the federal department of energy on any matter related to the long-term disposal of high-level radioactive waste or transuranic waste.

AB150,741,13 (b) Negotiations with other federal agencies. The board commission shall serve as the agency in this state to negotiate written agreements and modifications to these agreements, with any federal agency other than the federal department of energy on any matter related to the long-term disposal of high-level radioactive waste or transuranic waste.

AB150, s. 1788 Section 1788. 36.50 (8) (c) of the statutes is repealed.

AB150, s. 1789 Section 1789. 36.50 (8) (d) of the statutes is renumbered 196.497 (8) (d) and amended to read:

AB150,741,23 196.497 (8) (d) Hearings. The board shall commission may conduct more than one public hearing hearings on any proposed agreement or modification to an agreement negotiated under par. (a) or (b). The board commission shall provide 30 days' notice of the date and location of hearings conducted under this paragraph. The board commission shall prepare a written summary of testimony presented at hearings conducted under this paragraph and shall consider the need for modifications to the negotiated agreement as a result of the hearings.

AB150, s. 1790 Section 1790. 36.50 (8) (e) of the statutes is repealed.

AB150, s. 1791 Section 1791. 36.50 (8) (f) of the statutes is renumbered 196.497 (8) (f).

AB150, s. 1792 Section 1792. 36.50 (8) (g) of the statutes is renumbered 196.497 (8) (g) and amended to read:

AB150,742,5 196.497 (8) (g) Technical revisions. The board commission may negotiate what in the board's commission's judgment are technical revisions to any agreement approved under sub. (10).

AB150, s. 1793 Section 1793. 36.50 (8) (h) of the statutes is repealed.

AB150, s. 1794 Section 1794. 36.50 (8) (i) of the statutes is renumbered 196.497 (8) (i).

AB150, s. 1795 Section 1795. 36.50 (9) of the statutes is renumbered 196.497 (9), and 196.497 (9) (a), (b) (intro.) and 5. to 11. and (c) (intro.), 2., 4. and 5., as renumbered, are amended to read:

AB150,742,17 196.497 (9) (a) Separate agreements. The board commission may negotiate separate agreements with the federal department of energy concerning different stages of the process of evaluating and selecting a site for the long-term disposal of high-level radioactive waste or transuranic waste. The board commission shall negotiate a separate agreement with the federal department of energy for the final stages of the selection of any site for the long-term disposal of high-level radioactive waste or transuranic waste.

AB150,742,19 (b) Contents. (intro.) Any agreement negotiated by the board commission with the federal department of energy under sub. (8) (a) shall include all of the following:

AB150,743,6 5. A requirement that the federal department of energy and any of its contractors or subcontractors shall provide the board commission with all reports and documents the board commission requests and any other relevant reports and documents in a timely manner and in accordance with any applicable law, regulation or rule. The requirement shall specify that the federal department of energy may not charge a fee for searching for or for supplying reports and documents requested by the board commission. The requirement shall specify that the federal department of energy shall provide the board commission with all reports and documents the board commission requests and any other relevant reports and documents from contractors and subcontractors after the reports and documents are submitted to the federal department of energy regardless of whether the reports and documents have received the department of energy's final approval.

AB150,743,10 6. A requirement that, upon request by the board commission, the federal department of energy shall provide the data, methods and underlying assumptions used in the preparation of reports and documents in accordance with any applicable law, regulation or rule.

AB150,743,14 7. A requirement that the federal department of energy shall notify the board commission of any grants related to the long-term disposal of high-level radioactive waste and transuranic waste from the federal department of energy to any person in this state.

AB150,743,20 8. A requirement that the federal department of energy shall notify the board commission in a timely manner of any proposed field work, on-site evaluation, on-site testing or similar activities it or any contractor or subcontractor intends to conduct and a requirement that the federal department of energy shall allow the board commission to monitor these activities by designating a reasonable number of persons to observe the activities or by any other appropriate means.

AB150,743,25 9. A requirement that the federal department of energy shall provide the board commission in a timely manner with a copy of any requests for proposals and final contracts issued by the federal department of energy relating to the evaluation, selection or construction of a site for the long-term disposal of high-level radioactive waste or transuranic waste in this state.

AB150,744,5 10. A provision that the federal department of energy shall agree to provide funds to be used to provide educational programs under sub. (4) and to review the activities of the federal department of energy and its contractors and subcontractors which relate to assessing the suitability of the state for the long-term disposal of high-level radioactive waste or transuranic waste.

AB150,744,11 11. A process for resolving disputes between the board commission and the federal department of energy including disputes concerning alleged violations of the written agreement and disputes concerning technical assessments made by the federal department of energy. The process for resolving disputes concerning technical assessments made by the federal department of energy may involve a process of scientific review and mediation.

AB150,744,16 (c) Objection to site selection. (intro.) Any agreement negotiated by the board commission with the federal department of energy under sub. (8) (a) shall include a list of reasons for which the board commission may object to the selection of a site within this state for the long-term disposal of high-level radioactive waste and transuranic waste. These reasons shall include the following:

AB150,744,19 2. The federal department of energy fails to address to the satisfaction of the board commission the potential socioeconomic effects of the site or of the transportation of waste to the site.

AB150,745,2 4. If, in the judgment of the board commission, the federal department of energy fails to comply with criteria, regulations or standards of other federal agencies concerning the long-term disposal of high-level radioactive waste or transuranic waste including criteria which excludes a proposed site from consideration because of previous mining or drilling of any type within the area which could be affected by the construction of the site or by the heat resulting from the disposal of high-level radioactive waste or transuranic waste at the site.

AB150,745,6 5. If, in the judgment of the board commission, the federal department of energy fails to use generally accepted scientific and technical practices in evaluating the suitability of a site for the long-term disposal of high-level radioactive waste or transuranic waste.

AB150, s. 1796 Section 1796. 36.50 (10) of the statutes is renumbered 196.497 (10), and 196.497 (10) (a) to (c), as renumbered, are amended to read:

AB150,745,14 196.497 (10) (a) Submission. The board commission shall submit any written agreement or modification to an agreement negotiated under sub. (8) (a) or (b), approved by the board commission and approved by the federal department of energy or other federal agency to the speaker of the assembly and the president of the senate. The board commission shall submit with the agreement or modification a written summary of the hearings held under sub. (8) (d).

AB150,745,17 (b) Introduction of bill. Upon request of the board commission, the speaker of the assembly or the president of the senate shall introduce a bill to approve the agreement or modification to an agreement. The bill is not subject to s. 16.47 (2).

AB150,746,2 (c) Legislative action required. Within 120 days after the bill is introduced the appropriate committees in each house of the legislature shall authorize an extraordinary session of the legislature to commence within the 120 days and to extend until the legislature passes the bill or passes a joint resolution which disapproves of the agreement or modification and returns the agreement or modification to the board commission for renegotiation. If the 120-day period extends beyond the date specified in s. 13.02 (1), the 120-day period is deemed to commence on the first day the succeeding legislature convenes, unless a bill or joint resolution is passed prior to that time.

AB150, s. 1797 Section 1797. 36.50 (11) of the statutes is renumbered 196.497 (11), and 196.497 (11) (a), as renumbered, is amended to read:

AB150,746,8 196.497 (11) (a) Submission. The board commission shall submit any technical revision to a written agreement negotiated under sub. (8) (g), approved by the board commission and approved by the federal department of energy or other federal agency, to the presiding officer of each house of the legislature and to the governor.

AB150, s. 1798 Section 1798. 36.50 (11m) of the statutes is renumbered 196.497 (11m), and 196.497 (11m) (a) to (c) and (f), as renumbered, are amended to read:

AB150,747,2 196.497 (11m) (a) (title) Review by the board commission. If the federal department of energy selects a site in the state for construction of a repository for the long-term disposal of high-level radioactive or transuranic waste, the board commission shall review the adequacy of the selected site and of the site plan prepared by the federal department of energy under sub. (9) (b) 12. The review shall include a full scientific review of the adequacy of the selected site and of the site plan. The board shall solicit written comments on the selected site and the site plan from the radioactive waste policy council and the radioactive waste technical council. The board commission shall utilize recognized experts in conducting its scientific review. The board commission shall conduct more than one public hearing on the site plan and shall make available to the public arguments and evidence for and against the site plan. The board commission shall provide 30 days' notice of the date and location of the public hearings. The board commission shall solicit comments from appropriate state agencies, local units of government, regional planning commissions, American Indian tribal governing bodies, the general public and interested citizen groups on the adequacy of the selected site and the site plan. The board commission shall make these comments available to the public.

AB150,747,12 (b) Recommendation to the legislature and the governor. After completing this review, the board commission shall submit a recommendation to the speaker of the assembly, the president of the senate and the governor on whether the state should accept the site selected by the federal department of energy and the site plan. The reasons for which the board commission may recommend that the legislature and the governor object to the site selection or the site plan, or both, include those specified in sub. (9) (c). The recommendation to the speaker of the assembly and the president of the senate shall be accompanied by a request for the introduction of a bill to approve the site selected and the site plan or by a request for the introduction of a bill to disapprove the site or the site plan or both.

AB150,747,17 (c) Introduction of legislation. Upon request of the board commission, the speaker of the assembly or the president of the senate shall introduce a bill reflecting the recommendation of the board commission on whether to approve or disapprove the site selected by the federal department of energy and the site plan. The bill is not subject to s. 16.47 (2).

AB150,748,2 (f) Transmittal of action by the legislature and the governor. After the legislature takes action under par. (d) and after the governor takes any action under par. (e), the chief clerk of the house of origin shall notify the board commission of the action taken and the board commission shall send a report to the president of the United States, the members of the U.S. senate, the members of the U.S. house of representatives, the federal department of energy and other appropriate federal agencies. The report shall contain a summary of the review undertaken by the board commission in accordance with par. (a), the recommendation made by the board commission under par. (b), the action of the legislature under par. (d) and any action of the governor under par. (e).

AB150, s. 1799 Section 1799. 36.50 (12) to (14) of the statutes are renumbered 196.497 (12) to (14) and amended to read:

AB150,748,10 196.497 (12) Implementation. The board commission shall implement agreements, modifications and technical revisions approved under subs. (10) and (11). In implementing these agreements, modifications and revisions, the board commission may solicit the views of appropriate state agencies, local units of government, regional planning commissions, American Indian tribal governing bodies, the general public and interested citizen groups.

AB150,748,13 (13) Funding. The board commission shall attempt to finance all of its expenses under this section from moneys received from the federal department of energy and other federal agencies and from gifts and grants received from other persons.

AB150,748,17 (14) State agencies to cooperate. The geological and natural history survey shall provide staff and other administrative services to assist the board in its duties. Other state agencies shall assist the board commission in fulfilling its duties under this section to the fullest extent possible.

AB150, s. 1800 Section 1800. 36.51 (7) of the statutes is amended to read:

AB150,748,25 36.51 (7) All meals served must meet the approval of the board, which shall establish minimum nutritional standards and reasonable expenditure limits consistent with the standards and limits established by the state superintendent department of public instruction education under s. 115.345 (6). The board shall give special consideration to the dietary problems of elderly persons in formulating a nutritional plan. However, no center or institution may be required to provide special foods for individual persons with allergies or medical disorders.

AB150, s. 1801 Section 1801. 38.04 (11) (a) 2. of the statutes is amended to read:

AB150,749,10 38.04 (11) (a) 2. In consultation with the state superintendent department of public instruction, the board shall establish, by rule, a uniform format for district boards to use in reporting the number of pupils attending district schools under ss. 118.15 (1) (b), (cm) and (d) and 118.37 118.55 and in reporting pupil participation in technical preparation programs under s. 118.34, including the number of courses taken for advanced standing in the district's associate degree program and for vocational, technical and adult education college credit. The format shall be identical to the format established by the state superintendent department of public instruction under s. 115.28 (38).

****Note: This is reconciled s. 38.04 (11) (a) 2. This section has been treated by LRB-2003, LRB-0707 and LRB-0866.

AB150, s. 1802 Section 1802. 38.04 (18) of the statutes is repealed.

AB150, s. 1803 Section 1803. 38.04 (26) of the statutes is amended to read:

AB150,749,18 38.04 (26) Technical preparation programs. In consultation with the state superintendent department of public instruction education, the board shall approve courses for technical preparation programs under s. 118.34. By July 1, 1994, and annually thereafter by July 1, the board shall publish a list of the approved courses that indicates the schools in which each course is taught and the credit equivalency available in each district for each course.

AB150, s. 1804 Section 1804. 38.08 (1) (a) 1. of the statutes is amended to read:

AB150,750,6 38.08 (1) (a) 1. A district board shall administer the district and shall be composed of 9 11 members who are residents of the district, including 2 employers, 2 employes, 3 additional members, a school district administrator, as defined under s. 115.001 (8), and one elected official who holds a state or local office, as defined in s. 5.02, except for the office of party committeeman or party committeewoman, a member of the board of control of the cooperative educational service agency that is located in the district and one employe of a school district or cooperative educational service agency, located in the district, who represents a school-to-work program. The board shall by rule define "employer" and "employe" for the purpose of this subdivision.

AB150, s. 1805 Section 1805. 38.08 (2m) of the statutes is amended to read:

AB150,750,12 38.08 (2m) Any member of a district board serving as an elected official under sub. (1) (a) 1. shall cease to be a member upon vacating his or her office as an elected official. Any member of a district board serving as a member of a board of control of a cooperative educational service agency shall cease to be a member of the district board upon vacating his or her position as a member of the board of control.

AB150, s. 1806 Section 1806. 38.10 (1) (intro.) of the statutes is amended to read:

AB150,750,15 38.10 (1) (intro.)  District Except as provided in sub. (3), district board members shall be appointed by an appointment committee constituted as follows:

AB150, s. 1807 Section 1807. 38.10 (3) of the statutes is created to read:

AB150,750,19 38.10 (3) (a) The board of control of the cooperative educational service agency in which the district is located shall appoint one of its members to the district board whenever a vacancy in that position on the district board occurs.

AB150,750,23 (b) The board of control of the cooperative educational service agency in which the district is located shall appoint the school district or agency employe who represents a school-to-work program whenever a vacancy in that position on the district board occurs.

AB150, s. 1808 Section 1808. 38.14 (14) of the statutes is created to read:

AB150,751,4 38.14 (14) Distance education. The district board may undertake a distance education project, either individually or in association with one or more district boards, school boards and University of Wisconsin System institutions or centers. In this subsection, "distance education" has the meaning given in s. 16.97 (4m).

AB150, s. 1809 Section 1809. 38.22 (1) (intro.) of the statutes is amended to read:

AB150,751,8 38.22 (1) (intro.) Except as provided in subs. (1m) and (1s) and s. 118.37 118.55, every person who is at least the age specified in s. 118.15 (1) (b) is eligible to attend the schools of a district if the person is:

AB150, s. 1810 Section 1810. 38.24 (1m) (b) of the statutes is amended to read:

AB150,751,19 38.24 (1m) (b) Postsecondary and vocational-adult programs. Uniform fees based on not less than 14% of the combined estimated statewide operational cost of postsecondary, exclusive of collegiate transfer, and vocational-adult programs. The board shall maintain statewide uniformity in the program fees charged for postsecondary and vocational-adult credits. Students 62 years old and over shall be exempted from program fees under this paragraph in vocational-adult programs. Students enrolled in adult high school, including students enrolled under s. 118.15 (1) (cm) 3, adult basic education and English as a 2nd language courses shall be exempted from program fees under this paragraph. The board shall establish fees under this paragraph as if students exempt from fees under sub. (4) were not exempt.

AB150, s. 1811 Section 1811. 38.28 (1m) (a) 1. of the statutes is amended to read:

AB150,752,4 38.28 (1m) (a) 1. "District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under subs. (6) and (7) and ss. 38.12 (9), 38.14 (3) and (9), 46.32, 118.15 (2) (a), 118.37 118.55 and 146.55 (5), all receipts from grants awarded under ss. 38.04 (8) and (20), 38.14 (11), 38.26, 38.27 and 38.38, all fees collected under s. 38.24 and driver education and chauffeur training aids.

AB150, s. 1812 Section 1812 . 38.28 (1m) (a) 1. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,752,15 38.28 (1m) (a) 1. "District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under subs. (6) and (7) and ss. 38.12 (9), 38.14 (3) and (9), 46.32, 118.15 (2) (a), 118.55 and 146.55 (5), all receipts from grants awarded under ss. 38.04 (8) and (20), 38.14 (11), 38.26, 38.27 and 38.38, all fees collected under s. 38.24 and driver education and chauffeur training aids.

****Note: This is reconciled s. 38.28 (1m) (a) 1. This Section has been affected by drafts with the following LRB numbers: -0866/3 and -2153/1.

AB150, s. 1813 Section 1813. 38.30 (1) (b) of the statutes is amended to read:

AB150,752,20 38.30 (1) (b) District boards may receive payments from the department of health and social services industry, labor and human relations under s. 47.02 to cover the cost of training for resident and nonresident students who are enrolled in district schools and are veterans ineligible for benefits under par. (a).

AB150, s. 1814 Section 1814. 38.36 (7) of the statutes is amended to read:

AB150,753,5 38.36 (7) All meals served must meet the approval of the board, which shall establish minimum nutritional standards and reasonable expenditure limits consistent with the standards and limits established by the state superintendent department of public instruction education under s. 115.345 (6). The board shall give special consideration to the dietary problems of elderly persons in formulating a nutritional plan. However, no district board may be required to provide special foods for individual persons with allergies or medical disorders.

AB150, s. 1815 Section 1815. 38.51 (title) of the statutes is amended to read: