AB150: Bill Text

AB150,2414,18 (9)   Elimination of commission.

AB150,2414,21 (a)  Name change. Wherever the term "labor and industry review commission" appears in the statutes, as affected by the acts of 1995, the term "employment commission" is substituted.

AB150,2414,25 (b)   Incumbent commissioners. An incumbent commissioner of the labor and industry review commission immediately prior to the effective date of this paragraph may not continue as a commissioner of the employment commission unless he or she is appointed to that commission as a commissioner.

AB150,2415,5 (c)  Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of industry, labor and human relations primarily related to the functions of the labor and industry review commission, as determined by the secretary of administration, shall become the assets and liabilities of the employment commission.

AB150,2415,11 (d)   Employe transfers. All incumbent employes holding positions in the department of industry, labor and human relations performing duties primarily related to the functions of the labor and industry review commission, as determined by the secretary of administration and except the commissioners under paragraph (b) , are transferred on the effective date of this paragraph to the employment commission.

AB150,2415,17 (e)  Employe status. Employes transferred under paragraph (d) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the employment commission that they enjoyed in the labor and industry review commission 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.

AB150,2415,22 (f)  Tangible personal property, records. On the effective date of this paragraph, all tangible personal property, including records, of the department of industry, labor and human relations that is primarily related to the functions of the labor and industry review commission, as determined by the secretary of administration, is transferred to the employment commission.

AB150,2415,23 (g)  Contracts.

AB150,2416,3 1.  All contracts entered into by the labor and industry review commission in effect on the effective date of this subdivision remain in effect and are transferred to the employment commission. The employment commission shall carry out any such contractual obligations until modified or rescinded by the employment commission to the extent allowed under the contract.

AB150,2416,10 2.  All contracts entered into by the department of industry, labor and human relations in effect on the effective date of this subdivision that are primarily related to the functions of the labor and industry review commission, as determined by the secretary of administration, remain in effect and are transferred to the employment commission. The employment commission shall carry out any such contractual obligations until modified or rescinded by the employment commission to the extent allowed under the contract.

AB150,2416,16 (h)  Rules and orders. All rules promulgated by the labor and industry review commission 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 employment commission. All orders issued by the labor and industry review commission 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 employment commission.

AB150,2416,21 (i)  Pending matters. Any matter pending with the labor and industry review commission on the effective date of this paragraph is transferred to the employment commission and all materials submitted to or actions taken by the labor and industry review commission with respect to the pending matter are considered as having been submitted to or taken by the employment commission.

AB150,2416,22 (10)  Council on worker's compensation.

AB150,2417,2 (a)  Tangible personal property, records. On the effective date of this paragraph, all tangible personal property, including records, of the department of industry, labor and human relations that is primarily related to the functions of the council on worker's compensation, as determined by the secretary of administration, is transferred to the employment commission.

AB150,2417,9 (b)  Contracts. All contracts entered into by the department of industry, labor and human relations in effect on the effective date of this paragraph that are primarily related to the functions of the council on worker's compensation, as determined by the secretary of administration, remain in effect and are transferred to the employment commission. The employment commission shall carry out any such contractual obligations until modified or rescinded by the employment commission to the extent allowed under the contract.

AB150,2417,10 (11)  Construction wage rate council.

AB150,2417,15 (a)  Tangible personal property, records. On the effective date of this paragraph, all tangible personal property, including records, of the department of industry, labor and human relations that is primarily related to the functions of the construction wage rate council, as determined by the secretary of administration, is transferred to the employment commission.

AB150,2417,22 (b)  Contracts. All contracts entered into by the department of industry, labor and human relations in effect on the effective date of this paragraph that are primarily related to the functions of the construction wage rate council, as determined by the secretary of administration, remain in effect and are transferred to the employment commission. The employment commission shall carry out any such contractual obligations until modified or rescinded by the employment commission to the extent allowed under the contract.

AB150,2417,23 (12)   Self-insurers council.

AB150,2418,3 (a)  Tangible personal property, records. On the effective date of this paragraph, all tangible personal property, including records, of the department of industry, labor and human relations that is primarily related to the functions of the self-insurers council, as determined by the secretary of administration, is transferred to the employment commission.

AB150,2418,10 (b)  Contracts. All contracts entered into by the department of industry, labor and human relations in effect on the effective date of this paragraph that are primarily related to the self-insurers council, as determined by the secretary of administration, remain in effect and are transferred to the employment commission. The employment commission shall carry out any such contractual obligations until modified or rescinded by the employment commission to the extent allowed under the contract.

AB150,2418,11 (13)  Wisconsin apprenticeship council.

AB150,2418,16 (a)  Tangible personal property, records. On the effective date of this paragraph, all tangible personal property, including records, of the department of industry, labor and human relations that is primarily related to the functions of the Wisconsin apprenticeship council, as determined by the secretary of administration, is transferred to the employment commission.

AB150,2418,23 (b)  Contracts. All contracts entered into by the department of industry, labor and human relations in effect on the effective date of this paragraph that are primarily related to the functions of the Wisconsin apprenticeship council, as determined by the secretary of administration, remain in effect and are transferred to the employment commission. The employment commission shall carry out any such contractual obligations until modified or rescinded by the employment commission to the extent allowed under the contract.

AB150,2418,24 (14)  Labor standards council.

AB150,2419,5 (a)  Tangible personal property, records. On the effective date of this paragraph, all tangible personal property, including records, of the department of industry, labor and human relations that is primarily related to the functions of the labor standards council, as determined by the secretary of administration, is transferred to the employment commission.

AB150,2419,12 (b)  Contracts. All contracts entered into by the department of industry, labor and human relations in effect on the effective date of this paragraph that are primarily related to the functions of the labor standards council, as determined by the secretary of administration, remain in effect and are transferred to the employment commission. The employment commission shall carry out any such contractual obligations until modified or rescinded by the employment commission to the extent allowed under the contract.

AB150, s. 9136 Section 9136. Nonstatutory provisions; justice.

AB150,2419,20 (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.

AB150,2419,25 (2)  Efficiency measures. By October 1, 1995, the department of justice shall submit a report to the governor and the joint committee on finance recommending how savings in fiscal year 1995-96 of $144,900 and in fiscal year 1996-97 of $756,400 resulting from budgetary efficiency measures should be allocated among the department's general purpose revenue appropriations.

AB150, s. 9141 Section 9141. Nonstatutory provisions; military affairs.

AB150,2420,10 (1)   Sale of armory. The department of military affairs, under the authority and procedures established in section 21.19 (3) of the statutes, may sell the Wisconsin national guard armory located at 1225 E. Henry Clay Street, Whitefish Bay, Milwaukee County. The proceeds of the sale shall be used first to pay off all bonds, all or a part of which were used to construct or purchase the armory or to purchase the land upon which the armory is located. Any moneys remaining from the sale shall be paid into the state treasury and, notwithstanding section 20.465 (1) (g) of the statutes, credited to the appropriation under section 20.465 (2) (g) of the statutes.

AB150, s. 9142 Section 9142. Nonstatutory provisions; natural resources.

AB150,2420,15 (1)  Transfer of state property. On July 1, 1996, the department of natural resources shall convey to the state historical society title to Old Wade House state park, including the Wesley W. Jung Carriage Museum, in the town of Greenbush, Sheboygan County.

AB150,2420,16 (2)  Salvage operation study.

AB150,2420,19 (a)  The department of natural resources shall conduct a study of environmental contamination at salvage operations and scrap yards in this state and of ways to remedy that contamination. The study shall do all of the following:

AB150,2420,20 1.  Inventory salvage operation and scrap yard locations.

AB150,2420,22 2.  Identify the most prevalent types of environmental contamination at those locations.

AB150,2420,23 3.  Identify the types of remedies needed.

AB150,2420,24 4.  Estimate the costs of remedying the contamination.

AB150,2421,2 5.  Identify alternative programs, including grants and loans, to remedy the contamination and estimate the costs of the programs.

AB150,2421,3 6.  Include a workplan for administration and inspection activities.

AB150,2421,5 7.  Analyze existing governmental programs that are available to remedy contamination at salvage operations and scrap yards.

AB150,2421,8 (b)  No later than July 1, 1996, the department of natural resources shall submit a report on the study under paragraph (a) to the legislature, in the manner provided under section 13.172 (2) of the statutes, and to the governor.

AB150,2421,14 (3)  Initial membership of natural resources council. The initial membership of the natural resources council, created by this act, shall consist of the members of the board of natural resources 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.

AB150,2421,16 (4)   Transfer of the bureau of parks and recreation to department of tourism and parks.

AB150,2421,21 (a)  Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of natural resources that are primarily related to the functions of the bureau of parks and recreation, as determined by the secretary of administration, shall become the assets and liabilities of the department of tourism and parks, as created by this act.

AB150,2421,22 (b)   Employe transfers.

AB150,2422,2 1.  All incumbent employes holding positions in the department of natural resources relating primarily to the functions of the bureau of parks and recreation, as determined by the secretary of administration, are transferred to the department of tourism and parks.

AB150,2422,20 2.  The secretary of administration shall determine which incumbent employes holding positions in the department of natural resources that relate primarily to general administration and program support will be transferred to the department of tourism and parks. Upon determination of these employes, the secretary of natural resources and the secretary of tourism and parks shall, by the date that is established for submittal of requests for consideration at the 4th quarterly meeting for 1996 of the joint committee on finance under section 13.10 of the statutes, request the joint committee on finance to transfer moneys between the general purpose revenue appropriations for the department of natural resources and the department of tourism and parks, between the program revenue appropriations for the department of natural resources and the department of tourism and parks, between the program revenue-service appropriations for the department of natural resources and the department of tourism and parks, between the appropriations of a given segregated fund for the department of natural resources and the department of tourism and parks and between the federal revenue appropriations for the department of natural resources and the department of tourism and parks, if necessary to adjust previously allocated costs in accordance with the transfer of personnel.

AB150,2423,2 (c)  Employe status. Employes transferred under paragraph (b) shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of tourism and parks that they enjoyed in the department of natural resources immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB150,2423,7 (d)  Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of natural resources that is primarily related to the functions of the bureau of parks and recreation, as determined by the secretary of administration, shall be transferred to the department of tourism and parks.

AB150,2423,14 (e)  Contracts. All contracts entered into by the department of natural resources in effect on the effective date of this paragraph that are primarily related to the functions of the bureau of parks and recreation, as determined by the secretary of administration, remain in effect and are transferred to the department of tourism and parks. 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 contract.

AB150,2423,24 (f)  Rules and orders. All rules promulgated by the department of natural resources that are primarily related to the functions of the bureau of parks and recreation, as determined by the secretary of administration, and 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 tourism and parks. All orders issued by the department of natural resources that are primarily related to the functions of the bureau of parks and recreation, as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of tourism and parks.

AB150,2424,7 (g)  Pending matters. Any matter pending with the department of natural resources on the effective date of this paragraph that is primarily related to the functions of the bureau of parks and recreation, as determined by the secretary of administration, is transferred to the department of tourism and parks and all materials submitted to or actions taken by the department of natural resources with respect to the pending matter are considered as having been submitted to or taken by the department of tourism and parks.

AB150,2424,9 (5)   Transfer of the state trails council to the department of tourism and parks.

AB150,2424,14 (a)  Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of natural resources that is primarily related to the functions of the state trails council, as determined by the secretary of administration, is transferred to the department of tourism and parks, as created by this act.

AB150,2424,21 (b)  Contracts. All contracts entered into by the department of natural resources in effect of the effective date of this paragraph that are primarily related to the functions of the state trails council, as determined by the secretary of administration, remain in effect and are transferred to the department of tourism and parks. 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 contract.

AB150,2424,22 (6)  Regulated storage tank transfer.

AB150,2424,24 (a) Definition. In this subsection, "regulated storage tank" has the meaning given in section 101.144 (1) (b) of the statutes, as created by this act. 

AB150,2425,6 (b)  Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of natural resources primarily related to the responsibilities that are given to the department of development by this act concerning discharges from regulated storage tanks, as determined by the secretary of administration, shall become the assets and liabilities of the department of development.

AB150,2425,11 (c)  Employe transfers. On the effective date of this paragraph, the employes of the department of natural resources that perform primarily activities associated with the responsibilities that are given to the department of development by this act concerning discharges from regulated storage tanks, as determined by the secretary of administration, are transferred to the department of development.

AB150,2425,18 (d)  Employe status. Employes transferred under paragraph (b) to the department of development have all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of development that they enjoyed in the department of natural resources immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB150,2425,24 (e)  Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of natural resources primarily used in relation to the responsibilities that are given to the department of development by this act concerning discharges from regulated storage tanks, as determined by the secretary of administration, are transferred to the department of development.

AB150,2426,7 (f)  Contracts. All contracts entered into by the department of natural resources relating to the responsibilities that are given to the department of development by this act concerning discharges from regulated storage tanks that are in effect on the effective date of this paragraph remain in effect and are transferred to the department of development. The department of development shall carry out any obligations under those contracts until they are modified or rescinded by the department of development to the extent allowed under the contracts.

AB150,2426,17 (g)  Rules and orders. All rules promulgated by the department of natural resources relating to the responsibilities that are given to the department of development by this act concerning discharges from regulated storage tanks that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until the department of development promulgates other rules. All orders issued by the department of natural resources that are in effect on the effective date of this paragraph relating to the responsibilities that are given to the department of development by this act concerning discharges from regulated storage tanks remain in effect until their specified expiration dates or until modified or rescinded by the department of development.

AB150,2426,24 (h)  Pending matters. Any matter pending with the department of natural resources on the effective date of this paragraph relating to the responsibilities that are given to the department of development by this act concerning discharges from regulated storage tanks is transferred to the department of development and all materials submitted to or actions taken by the department of natural resources with respect to the pending matter are considered to have been submitted to or taken by the department of development.

AB150,2427,6 (i)  Federal approval. The secretary of natural resources, the secretary of industry, labor and human relations and the secretary of development shall work together to ensure that the changes in this state's program for underground storage tank regulation that result from the transfer of primary responsibility for that program to the department of development are approved by the federal environmental protection agency under 42 USC 6991c no later than January 1, 1997.

AB150,2427,7 (7)  Clean water fund hardship assistance.

AB150,2427,9 (a)  In this subsection, "adjusted gross income" means Wisconsin adjusted gross income, as defined in section 71.01 (13) of the statutes.

AB150,2427,16 (b)  Notwithstanding section 144.241 (13) of the statutes, as affected by this act, a municipality with a project on a priority list established under section 144.241 (8e) of the statutes, as affected by this act, for the 1995-97 biennium is eligible for a no-interest loan for all project costs eligible for financial assistance under sections 144.241 and 144.2415 of the statutes, as affected by this act, except those costs to which section 144.241 (8) (b) or (c) of the statutes or section 144.241 (8) (h) of the statutes, as affected by this act, applies, if all of the following apply:

AB150,2427,20 1.  The municipality received a clean water fund planning and design financial hardship assistance agreement for the project during the 1991 to 1995 fiscal years or the municipality's construction project appeared on the 1993, 1994 or 1995 clean water fund hardship funding list.

AB150,2427,23 2.  Total charges imposed on residential users in the municipality that relate to wastewater treatment exceed 1.5% of the total adjusted gross income of residents of the municipality.

AB150,2428,3 3.  The municipality is in the top 25% of municipalities for total charges imposed on residential users that relate to wastewater treatment as a percentage of the total equalized value of property in the municipality.

AB150,2428,5 4.  The per capita adjusted gross income of residents of the municipality does not exceed the per capita adjusted gross income of residents of this state.

AB150,2428,10 5.  The equalized value of the improved residential property in the municipality divided by the number of improved residential parcels in the municipality does not exceed the equalized value of the improved residential property in this state divided by the number of improved residential parcels in this state, as reported by the department of revenue.

AB150,2428,13 6.  The municipality satisfies section 144.2415 (9) (b) 2. of the statutes and all other requirements for clean water fund assistance that are not inconsistent with this subsection.

AB150,2428,23 (c)  Notwithstanding the repeal of section 144.2415 (3) (g) of the statutes by this act and the creation of section 144.2415 (3) (dm) of the statutes by this act, the total amount of the present value of subsidies used to provide financial hardship assistance under section 144.241 (13) of the statutes, as affected by this act, during the 1995-97 biennium may not exceed $9,600,000. If there is insufficient subsidy to fund all projects eligible for hardship assistance, the department of natural resources shall allocate subsidy available for hardship assistance to projects on the priority list under section 144.241 (8e) of the statutes, as affected by this act, that are eligible for hardship assistance in the order that the projects appear on that priority list, notwithstanding section 144.241 (9m) (e) of the statutes, as created by this act.

AB150,2428,24 (8)  Council on recycling.

AB150,2429,5 (a)  Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of natural resources that is primarily related to the functions of the council on recycling, as determined by the secretary of administration, is transferred to the recycling market development board.

AB150,2429,12 (b)  Contracts. All contracts entered into by the department of natural resources in effect on the effective date of this paragraph that are primarily related to the functions of the council on recycling, as determined by the secretary of administration, remain in effect and are transferred to the recycling market development board. The recycling market development board shall carry out any such contractual obligations unless modified or rescinded by the recycling market development board to the extent allowed under the contract.

AB150, s. 9143 Section 9143. Nonstatutory provisions; personnel commission.

AB150,2429,21 (1)  Adjudication of claims arising before termination of coverage. Notwithstanding Section 9459 (2) (c) of this act, any employe of the University of Wisconsin Hospitals and Clinics Authority who held a position with the authority during the period beginning on the effective date of this subsection and ending on June 30, 1997, may commence or continue to pursue under section 230.44 (1) (g) of the statutes, as created by this act, any appeal arising from a personnel decision made prior to July 1, 1997, until the appeal is appropriately adjudicated and any appropriate relief is granted.

AB150,2430,2 (2)  Appeals and complaints filing fee schedule. The personnel commission shall submit in proposed form the rules required under section 230.45 (3) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.

AB150,2430,3 (3)   Transitional provisions.

AB150,2430,6 (a)  Name change. Wherever the term "personnel commission" appears in the statutes, as affected by the acts of 1995, the term "employment commission" is substituted.

AB150,2430,10 (b)   Incumbent commissioners. An incumbent commissioner of the personnel commission immediately prior to the effective date of this paragraph may not continue as a commissioner of the employment commission unless he or she is appointed to that commission as a commissioner.

AB150,2430,13 (c)  Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the personnel commission shall become the assets and liabilities of the employment commission.

AB150,2430,16 (d)   Employe transfers. All incumbent employes holding positions in the personnel commission, except the commissioners under paragraph (b) , are transferred on the effective date of this paragraph to the employment commission.