AB150: Bill Text

AB150, s. 7301 Section 7301. 1993 Wisconsin Act 377, section 9312 (1) is amended to read:

AB150,2346,10 [1993 Wisconsin Act 377] Section 9312 (1) (title) Youthful Serious juvenile offender program. The treatment of sections 48.34 (4g) and 48.537 of the statutes first applies to delinquent acts committed on the effective date of this subsection January 1, 1996.

AB150, s. 9101 Section 9101. Nonstatutory provisions; administration.

AB150,2346,12 (1)   Transfer of national and community service board.

AB150,2346,17 (a)  Assets and liabilities. On the effective date of this subdivision, the assets and liabilities of the department of administration primarily related to the functions of the national and community service board, as determined by the secretary of administration, shall become the assets and liabilities of the department of industry, labor and human relations.

AB150,2346,18 (b)  Positions and employes.

AB150,2346,23 1.  On the effective date of this subdivision, all full-time equivalent positions in the department of administration having duties primarily related to the functions of the national and community service board, as determined by the secretary of administration, are transferred to the department of industry, labor and human relations. 

AB150,2347,3 2.   All incumbent employes holding positions specified in subdivision 1. are transferred on the effective date of this subdivision to the department of industry, labor and human relations.

AB150,2347,9 3.  Employes transferred under subdivision 2. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of industry, labor and human relations that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statues, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB150,2347,14 (c)  Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to the functions of the national and community service board, as determined by the secretary of administration, is transferred to the department of industry, labor and human relations.

AB150,2347,22 (d)  Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the functions of the national and community service board, as determined by the secretary of administration, remain in effect and are transferred to the department of industry, labor and human relations. The department of industry, labor and human relations shall carry out any such contractual obligations until modified or rescinded by the department of industry, labor and human relations to the extent allowed under the contracts.

AB150,2347,23 (2)  Initial state vendor charges and fees.

AB150,2348,4 (a)  Using the procedure under section 227.24 of the statutes, the department of administration shall promulgate rules required under sections 16.701 and 16.702 (1) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) of the statutes, an emergency rule promulgated under this paragraph is effective until June 30, 1997, or until the conditions specified in section 227.24 (1) (d) of the statutes occur, whichever is sooner.

AB150,2348,6 (b)  The department of administration shall promulgate the rules required under paragraph (a) to become effective no later than February 1, 1996.

AB150,2348,9 (c)  In prescribing initial charges and fees under sections 16.701 and 16.702 (1) of the statutes, as created by this act, the department of administration shall attempt to ensure gross revenue to the state of $7,000,000 per fiscal year.

AB150,2348,15 (3)  Document sales and mail distribution. On the effective date of this subsection, all assets acquired and liabilities incurred under the appropriation under section 20.505 (1) (ka), 1993 stats., that are attributable to state document sales or mail distribution, as determined by the secretary of administration, are transferred to the appropriation account under section 20.505 (1) (kd) of the statutes, as affected by this act.

AB150,2348,19 (4)  Public records and forms. On the effective date of this subsection, all assets acquired and liabilities incurred under the appropriation under section 20.505 (1) (kg), 1993 stats., are transferred to the appropriation account under section 20.505 (1) (kd) of the statutes, as affected by this act.

AB150,2349,2 (5)  Prosecution of drug crimes, Milwaukee County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (g) and (pb) of the statutes, the department shall expend $204,300 in fiscal year 1995-96 and $220,600 in fiscal year 1996-97 to provide the multi-jurisdictional enforcement group serving Milwaukee County with funding for 3 assistant district attorneys to prosecute criminal violations of chapter 161 of the statutes. The funding is not subject to the grant procedure under section 16.964 (2m) of the statutes.

AB150,2349,10 (6)  Prosecution of drug crimes, Dane County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (g) and (pb) of the statutes, the department shall expend $70,900 in fiscal year 1995-96 and $77,100 in fiscal year 1996-97 to provide the multi-jurisdictional enforcement group serving Dane County with funding for one assistant district attorney to prosecute criminal violations of chapter 161 of the statutes. The funding is not subject to the grant procedure under section 16.964 (2m) of the statutes.

AB150,2349,12 (7)  Study of management and maintenance of state-owned heating and cooling plants.

AB150,2349,13 (a)  In this subsection:

AB150,2349,14 1.  "Agency" has the meaning given in section 16.52 (7) of the statutes.

AB150,2349,15 2.  "Department" means the department of administration.

AB150,2349,21 (b)  There is created a special committee on the management and maintenance of state-owned heating and cooling plants. The committee shall consist of the administrator of the division of the department responsible for architectural, engineering and construction work, the head of the engineering function of the department, the citizen member of the building commission and the following members appointed by the secretary of administration:

AB150,2349,23 1.  One representative of the agencies which operate heating and cooling plants.

AB150,2350,3 2.  One represented employe who is assigned to a heating and cooling plant operated by an agency or the representative of employes at heating and cooling plants operated by agencies.

AB150,2350,6 3.  Any other individual whom the secretary determines to be appropriate, including any individual in the private sector who is knowledgeable in energy production and management.

AB150,2350,8 (c)  The secretary of administration shall designate a committee member to serve as chairperson.

AB150,2350,13 (d)  The committee shall study the management and maintenance of each state-owned heating and cooling plant, including an examination of the organizational responsibility and reporting of plant management, the sources of funds used to support operations and maintenance work, the capital investment needs of the plant and the sources of funds available to meet those needs.

AB150,2350,17 (e)  The committee shall report its findings and recommendations to the secretary of administration no later than August 1, 1996. The secretary shall forward the report, together with his or her recommendations, to the cochairpersons of the joint committee on finance.

AB150,2350,25 (8) Public records and forms board. Notwithstanding section 15.105 (4) of the statutes, as affected by this act, the member serving on the public records and forms board as a representative of a newspaper published in this state and the member serving on the public records and forms board as a representative of the permit information center may continue to serve as members of the public records board, as affected by this act, until a representative of a local unit of government, as defined in section 16.20 (1) (e) of the statutes, as affected by this act, and another member are appointed and qualify. 

****Note: This Section has been reconciled with LRB-2602. Both LRB-2104 and LRB-2602 should continue to appear in the bill.

AB150,2351,1 (9)   Kickapoo valley reserve administration transfer.

AB150,2351,6 (a)  Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of administration primarily related to administration of the Kickapoo valley reserve, as determined by the department of administration, shall become the assets and liabilities of the department of tourism and parks, as created by this act.

AB150,2351,7 (b)  Positions and employes.

AB150,2351,13 1.  On the effective date of this subdivision, the authorized FTE positions for the department of administration are decreased by 2.0 GPR positions having responsibility for administration of the Kickapoo valley reserve. On the effective date of this subdivision, any incumbent in a position identified in this subdivision shall, upon his or her request, be transferred to the department of tourism and parks, as created by this act.

AB150,2351,19 2.  On the effective date of this subdivision, the authorized FTE positions for the department of tourism and parks, as created by this act, are increased by 2.0 SEG positions. The secretary of tourism and parks shall initially appoint any incumbents who request to be transferred under subdivision 1. to the positions authorized in this subdivision which correspond to the positions held by the incumbents on the day prior to the effective date of this subdivision.

AB150,2352,2 (c)  Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration primarily related to administration of the Kickapoo valley reserve, as determined by the secretary of administration, is transferred to the department of tourism and parks, as created by this act.

AB150,2352,9 (d)  Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the administration of the Kickapoo valley reserve, as determined by the secretary of administration, remain in effect and are transferred to the department of tourism and parks, as created by this act. The department of tourism and parks shall carry out any such contractual obligations unless modified or rescinded by the department of tourism and parks to the extent allowed under the contracts.

AB150,2352,16 (10)  Initial terms of members of environmental science council. Notwithstanding the length of terms of the members of the environmental science council specified under section 15.107 (16) of the statutes, as created by this act, 3 members initially appointed to the council shall be appointed for a term expiring on July 1, 1996, 3 members initially appointed to the council shall be appointed for a term expiring on July 1, 1997, and 3 members initially appointed to the council shall be appointed for a term expiring on July 1, 1998.

AB150,2352,20 (11)  Consumer protection function transfer legislation. The department of administration shall submit legislation to the joint committee on finance by April 1, 1995, to transfer consumer protection functions from the department of justice to the department of agriculture, trade and consumer protection.

AB150,2352,24 (12)  Initial appointments of members of the state laboratories coordination board. Notwithstanding the length of terms specified in section 15.105 (25) of the statutes, as created by this act, the initial members of the state laboratories coordination board shall be appointed for the following terms:

AB150,2353,2 (a)  Three members, one of whom represents state-administered laboratories other than the state crime laboratories, for terms expiring on May 1, 1997.

AB150,2353,4 (b)  Two members, one of whom represents state-administered laboratories other than the state crime laboratories, for terms expiring on May 1, 1999.

AB150,2353,6 (c)  Two members, one of whom represents state-administered laboratories other than the state crime laboratories, for terms expiring on May 1, 2001.

AB150,2353,13 (13) Repayment of loan from local government property insurance fund. Notwithstanding sections 604.03 (2) and 604.05 of the statutes, on the effective date of this subsection, the secretary of administration shall repay to the local government property insurance fund, from the general fund, the outstanding principal balance of the loan to the general fund under section 605.35, 1993 stats., without interest. The repayment under this subsection shall fully discharge the obligation to repay the loan under section 605.35, 1993 stats.

AB150,2353,14 (14)  Sentencing commission.

AB150,2353,16 (a)  Rules and guidelines. On the effective date of this paragraph, all rules and guidelines promulgated by the sentencing commission are void.

AB150,2353,21 (b)  Contracts. All contracts entered into by the sentencing commission in effect on the effective date of this paragraph remain in effect and are transferred to the department of administration. The department of administration shall carry out any such contractual obligations until modified or rescinded by the department of administration to the extent allowed under the contract.

AB150,2353,22 (15)  Privacy council and privacy advocate.

AB150,2354,2 (a)  Contracts. All contracts entered into by the privacy council or the privacy advocate in effect on the effective date of this paragraph remain in effect and are transferred to the department of administration. The department of administration shall carry out any such contractual obligations until modified or rescinded by the department of administration to the extent allowed under the contract.

AB150,2354,8 (b)  Pending matters. Any matter pending with either the privacy council or the privacy advocate on the effective date of this paragraph is transferred to the department of administration and all materials submitted to or actions taken by the privacy council or the privacy advocate with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB150,2354,9 (16)  Recycling market development board.

AB150,2354,13 (a)  On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the functions of the recycling market development board, as determined by the secretary of administration, shall become the assets and liabilities of the department of development.

AB150,2354,17 (b)  On the effective date of this paragraph, the tangible personal property, including records, of the department of administration primarily used by the recycling market development board, as determined by the secretary of administration, is transferred to the department of development.

AB150,2354,24 (c)  All contracts entered into by the department of administration in effect on the effective date of this paragraph that are related primarily to the functions of the recycling market development board, as determined by the secretary of administration, remain in effect and are transferred to the department of development. The department of development shall carry out any obligations under those contracts unless modified or rescinded by the department of development to the extent allowed under the contract.

AB150,2355,4 (d)  All persons appointed to the recycling market development board under section 15.105 (20) (c) 3. and 4., 1993 stats., and serving immediately before the effective date of this paragraph shall cease to be members of the board on the effective date of this paragraph.

AB150,2355,9 (e)  Notwithstanding the length of the terms specified in section 15.155 (2) (f) of the statutes, as affected by this act, the first members of the recycling market development board appointed under section 15.155 (2) (c) 3. and 4. of the statutes, as affected by this act, after the effective date of this act shall be appointed for the following terms:

AB150,2355,12 1.  One member appointed under section 15.155 (2) (c) 3. of the statutes and one member appointed under section 15.155 (2) (c) 4. of the statutes for terms expiring on May 1, 1998.

AB150,2355,15 2.  One member appointed under section 15.155 (2) (c) 3. of the statutes and one member appointed under section 15.155 (2) (c) 4. of the statutes for terms expiring on May 1, 1997.

AB150,2355,17 3.  One member appointed under section 15.155 (2) (c) 3. of the statutes, for a term expiring on May 1, 1996.

AB150,2355,25 (17)  Clean water fund administration emergency rules. Using the procedure under section 227.24 of the statutes, the department of administration may promulgate rules for the clean water fund program under sections 144.241 and 144.2415 of the statutes, as affected 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 statutes, 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.

AB150,2356,4 (18)  Stray voltage study. The department of administration shall evaluate the benefits of consolidating administrative responsibility over the stray voltage program in a single agency. The department shall report its findings and recommendations to the governor before January 1, 1996.

AB150,2356,10 (19)  Payment to the director of state courts. From the appropriations under section 20.505 (6) (g) and (pb) of the statutes, the department of administration shall pay $154,600 in fiscal year 1995-96 and $160,000 in fiscal year 1996-97 to the director of state courts to reimburse Milwaukee County for costs incurred in operating one circuit court branch in the 1st judicial administrative district that primarily handles drug-related cases.

AB150, s. 9103 Section 9103. Nonstatutory provisions; aging and long-term care board.

AB150,2356,12 (1)   Insurance counseling and information.

AB150,2356,18 (a)  Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the functions of the board on aging and long-term care associated with the provision of information and counseling under section 16.009 (2) (j), 1993 stats., as determined by the secretary of administration, shall become the assets and liabilities of the office of the commissioner of insurance.

AB150,2356,24 (b)   Employe transfers. All incumbent employes holding positions in the department of administration performing duties primarily related to the functions of the board on aging and long-term care associated with the provision of information and counseling under section 16.009 (2) (j), 1993 stats., as determined by the secretary of administration, are transferred on the effective date of this paragraph to the office of the commissioner of insurance.

AB150,2357,6 (c)  Employe status. Employes transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the office of the commissioner of insurance that they enjoyed in the department of administration 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.

AB150,2357,12 (d)  Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to the functions of the board on aging and long-term care associated with the provision of information and counseling under section 16.009 (2) (j), 1993 stats., as determined by the secretary of administration, is transferred to the office of the commissioner of insurance.

AB150,2357,20 (e)  Contracts. All contracts entered into by the board on aging and long-term care that are primarily related to the provision of information and counseling under section 16.009 (2) (j), 1993 stats., as determined by the secretary of administration, in effect on the effective date of this paragraph remain in effect and are transferred to the office of the commissioner of insurance. The office of the commissioner of insurance shall carry out any such contractual obligations until modified or rescinded by the office of the commissioner of insurance to the extent allowed under the contract.

AB150,2358,3 (f)  Contracts. All contracts entered into by the department of administration that are primarily related to the functions of the board on aging and long-term care associated with the provision of information and counseling under section 16.009 (2) (j), 1993 stats., as determined by the secretary of administration, in effect on the effective date of this paragraph remain in effect and are transferred to the office of the commissioner of insurance. The office of the commissioner of insurance shall carry out any such contractual obligations until modified or rescinded by the office of the commissioner of insurance to the extent allowed under the contract.

AB150,2358,13 (g)  Rules and orders. All rules promulgated by the board on aging and long-term care that are primarily related to the provision of information and counseling under section 16.009 (2) (j), 1993 stats., that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the office of the commissioner of insurance. All orders issued by the board on aging and long-term care that are primarily related to the provision of information and counseling under section 16.009 (2) (j), 1993 stats., that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the office of the commissioner of insurance.

AB150,2358,20 (h)  Pending matters. Any matter pending with the board on aging and long-term care on the effective date of this paragraph that is primarily related to the provision of information and counseling under section 16.009 (2) (j), 1993 stats., is transferred to the office of the commissioner of insurance, and all materials submitted to or actions taken by the board on aging and long-term care with respect to the pending matter are considered as having been submitted to or taken by the office of the commissioner of insurance.

AB150, s. 9104 Section 9104. Nonstatutory provisions; agriculture, trade and consumer protection.

AB150,2359,4 (1)  Initial membership of agriculture, trade and consumer protection council. The initial membership of the agriculture, trade and consumer protection council, as created by this act, shall consist of the members of the board of agriculture, trade and consumer protection whose terms have not expired on the effective date of this subsection. Any board member transferred to membership on the council shall serve on the council until July 1 in the year in which his or her term as a board member would have expired.

AB150,2359,8 (2)  Farmland preservation liens. On or before the first day of the 4th month beginning after the effective date of this subsection, the department of agriculture, trade and consumer protection shall file a release of any lien that it recorded under chapter 91, 1993 stats.

AB150,2359,9 (3)   Plat review transfer.

AB150,2359,13 (a)  On the effective date of this paragraph, the assets and liabilities of the department of agriculture, trade and consumer protection primarily related to plat review, as determined by the secretary of administration, shall become the assets and liabilities of the department of development.

AB150,2359,17 (b)  On the effective date of this paragraph, the employes of the department of agriculture, trade and consumer protection primarily performing duties related to plat review, as determined by the secretary of administration, are transferred to the department of development.

AB150,2359,24 (c)  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 agriculture, trade and consumer protection 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.

AB150,2360,4 (d)  On the effective date of this paragraph, all tangible personal property, including records, of the department of agriculture, trade and consumer protection that is primarily related to plat review, as determined by the secretary of administration, is transferred to the department of development.

AB150,2360,11 (e)  All contracts entered into by the department of agriculture, trade and consumer protection in effect on the effective date of this paragraph that are primarily related to plat review, as determined by the secretary of administration, remain in effect and are transferred to the department of development. The department of development shall carry out any obligations under those contracts unless modified or rescinded by the department of development to the extent allowed under the contract.

AB150,2360,19 (f)  All rules promulgated by the department of agriculture, trade and consumer protection relating to plat review that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of development. All orders issued by the department of agriculture, trade and consumer protection relating to plat review that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until rescinded or modified by the department of development.

AB150,2360,25 (g)  Any matter pending with the department of agriculture, trade and consumer protection on the effective date of this paragraph relating to plat review is transferred to the department of development and all materials submitted to or actions taken by the department of agriculture, trade and consumer protection with respect to the pending matter are considered to have been submitted to or taken by the department of development.

AB150,2361,1 (4)   International agribusiness marketing transfer.

AB150,2361,6 (a)  On the effective date of this paragraph, the assets and liabilities of the department of agriculture, trade and consumer protection primarily related to international agribusiness marketing, as determined by the secretary of administration, shall become the assets and liabilities of the department of development.

AB150,2361,10 (b)  On the effective date of this paragraph, the employes of the department of agriculture, trade and consumer protection primarily performing duties associated with international agribusiness marketing, as determined by the secretary of administration, are transferred to the department of development.

AB150,2361,17 (c)  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 agriculture, trade and consumer protection 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.