1997 Wisconsin Act 237

b. Permit and license applications.

c. Ordinances.

d. Zoning variances.

e. Other administrative actions not covered under subdivisions 2. a. to d.

237,9138 Section 9138.3 Nonstatutory provisions; public defender board.

(1d) Private bar costs. The public defender board may request that the joint committee on finance supplement the appropriation under section 20.550 (1) (d) of the statutes from the appropriation under section 20.865 (4) (a) of the statutes for the 1998-99 fiscal year in an amount not to exceed $987,600 to pay for costs to the public defender board for reimbursement of private attorneys appointed to act as counsel for a child or an indigent person and for reimbursement for services of private investigators. Notwithstanding section 13.101 (3) (a) 1. of the statutes, the appropriation under section 20.550 (1) (d) of the statutes may be supplemented under this subsection from the appropriation under section 20.865 (4) (a) of the statutes without a finding that an emergency exists.

(1z) Salary costs for staff attorneys. The public defender board may request that the joint committee on finance supplement, from the appropriation under section 20.865 (4) (a) of the statutes, staff attorney salary costs of the board for the 1997-98 fiscal year in an amount not to exceed $242,800 and for the 1998-99 fiscal year in an amount not to exceed $524,400. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the request within 14 working days after the date of the board's submission, the appropriations shall be supplemented as provided in the request. If, within 14 working days after the date of the board's submission, the cochairpersons of the committee notify the board that the committee has scheduled a meeting for the purpose of reviewing the request, the appropriations shall be supplemented only upon approval of the committee. Notwithstanding section 13.101 (3) (a) 1. of the statutes, the joint committee on finance may supplement, from the appropriation under section 20.865 (4) (a) of the statutes, staff attorney salary costs of the public defender board for the 1997-98 and 1998-99 fiscal years without a finding that an emergency exists.

237,9139 Section 9139.4 Nonstatutory provisions; public instruction.

(1) Study of the Wisconsin School for the Visually Handicapped. The joint legislative council shall study the current mission of the Wisconsin School for the Visually Handicapped and the impact that closing that school would have on the lives of blind and visually impaired citizens and shall report its findings, conclusions and recommendations to the 1999 legislature when it convenes.

237,9141 Section 9141.5 Nonstatutory provisions; regulation and licensing.

(1g) Pharmacy examining board rules; administration of vaccines.

(a) Definitions. In this subsection:

1. “Administer" has the meaning given in section 450.01 (1) of the statutes.

2. “Board" means the pharmacy examining board.

3. “Department" means the department of regulation and licensing.

4. “Vaccination protocol" means a written protocol agreed to by a physician, as defined in section 448.01 (5) of the statutes, and a pharmacist that establishes procedures and record-keeping and reporting requirements for the administration of a vaccine by a pharmacist for a period specified in the protocol that may not exceed 2 years.

(b) Rules. If the board determines that the rules that the board is required to submit in proposed form to the legislative council staff under 1997 Wisconsin Act 68, section 11 (2), will not be in effect on April 1, 1999, the board shall, no later than April 1, 1999, promulgate such rules using the procedure under section 227.24 of the statutes for the period before the effective date of the rules submitted under 1997 Wisconsin Act 68, section 11 (2), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the board need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this paragraph.

(c) Vaccines.

1. A pharmacist licensed under chapter 450 of the statutes, may, subject to subdivision 2., administer a vaccine if he or she satisfies each of the following:

a. The pharmacist has successfully completed 12 hours in a course of study or training approved by the American Council on Pharmaceutical Education or the board relating to vaccination storage, vaccination protocols, injection techniques, emergency procedures and record-keeping.

b. The pharmacist maintains in effect liability insurance against loss, expense and liability resulting from errors, omission or neglect in the administration of a vaccine in the amount of at least $1,000,000 per occurrence and at least $2,000,000 for all occurrences in any one policy year.

c. Upon the request of the department or the board, the pharmacist submits proof that he or she satisfies the requirements specified in subdivision 1. a. or b.

2. A pharmacist may not administer a vaccine under subdivision 1. to a person who is under the age of 18 and may not delegate to any person the administration of a vaccine under subdivision 1.

3. This paragraph does not apply after April 1, 1999.

237,9142 Section 9142. Nonstatutory provisions; revenue.

(1) Tax amnesty.

(a) Program established. The department of revenue shall establish a tax amnesty program that shall apply to all taxes administered by the department under chapters 71, 72, 78 and 139 of the statutes and subchapter III of chapter 77 of the statutes. Amnesty is available only with respect to the tax obligations under paragraph (b ). The amnesty program shall be in effect from June 15, 1998, to August 14, 1998.

(b) Eligible obligations; payment; limit.

1. For a taxpayer who has an existing tax delinquency on the records of the department as of October 1, 1997, the department shall accept as full payment of the delinquent amount a certified check, cashier's check, money order or cash in the amount of 80% of the balance due, including any delinquent tax collection fee that is due, as of June 15, 1998. Payments shall be applied first against the fee due, then against the penalty due, then against the interest due and then against the tax due. The delinquent tax collection fee shall be paid in full. No amnesty is available on a tax delinquency based upon an estimated or default assessment, determination, or notice of amount due unless all tax returns corresponding with the assessment, determination, or notice of amount due are filed with the department during the amnesty period. The maximum reduction available under this subdivision is $10,000.

2. For a taxpayer who has a tax liability that is neither reported nor established, the department shall accept the filing of returns, together with payment of all taxes due, with interest, on those returns if payment is made by certified check, cashier's check, money order or cash. On those returns the department shall not impose civil penalties and late filing fees or seek criminal prosecution and the department shall reduce applicable delinquent interest due to the rate of 1% per month or part of a month. If the department determines that additional taxes are due on those returns, penalties and appropriate interest may be imposed on those additional amounts.

3. For the taxpayer who has a tax liability not delinquent on the records of the department as of October 1, 1997, but based upon an assessment, determination, or notice of amount due issued by the department before or during the amnesty period, the department shall waive civil penalties, except as provided in paragraph (d), and late filing fees and reduce applicable delinquent interest due to the rate of 1% per month or part of a month if an application for amnesty is submitted during the amnesty period and payment is made by certified check, cashier's check, money order or cash. Amnesty is not available under this subdivision for an assessment, determination, or notice of amount due under review by the appellate bureau of the department, the Wisconsin tax appeals commission or any court unless that appeal is withdrawn by the taxpayer. No amnesty is available for amounts that are assessed as the result of a field audit under section 71.74 (2) or 77.59 (2) of the statutes.

(c) Ineligible taxpayers and obligations. The amnesty program is not available if any of the following conditions applies:

1. The person requesting amnesty has been notified by the date of application for amnesty that he or she is a party to any criminal investigation or any pending criminal litigation relating to any tax administered by the department.

2. The amounts for which amnesty is requested are collected or subject to litigation as of the date of application for amnesty as a result of any civil collection action initiated by the department under authority of section 71.91 of the statutes or any other state law pertaining to creditor enforcement proceedings.

3. The amount for which amnesty is requested is, on the date of application for amnesty, a delinquent nonresident account assigned to a collection agency under section 73.03 (28) of the statutes and is the subject of a civil collection proceeding before any court.

4. The taxpayer is notified during the amnesty period of an adverse determination of his or her appeal of a tax liability by the Wisconsin tax appeals commission or any court during the amnesty period.

5. The person has filed for relief under the U.S. Bankruptcy Code, except that if the person has applied for amnesty and paid the application fee and if the person's bankruptcy proceeding is dismissed the person is eligible for the amnesty program.

(d) Nonwaiver. Any penalty assessed under section 71.66 (1) (e), 71.83 (1) (b) 1., 2. and 4. and (2) (a) 5., 77.60 (5), 78.22 (6), 139.25 (2) or (5) or 139.44 (2) of the statutes or assessed for the underpayment of taxes may not be waived under paragraph (b) 2. or 3 .

(e) Finality; full payment. All amounts paid under amnesty are final and may not be refunded. Amnesty is available for a taxpayer only if the full amount due as provided by the amnesty program is paid for all of his or her tax obligations as set forth in paragraph (b ) within 45 days after notification by the department and all required tax returns are filed.

(f) Application. For amnesty to apply, a properly completed application for amnesty under this subsection shall be made upon forms and under instructions issued by the department and the applicant must pay $200 or the actual amount due, whichever is less, by certified check, cashier's check, money order or cash. The department of revenue shall credit the payment against the applicant's liabilities and shall retain the payment whether or not the applicant is granted amnesty.

(g) Proceeds. The collections under paragraph (b) shall be deposited in the general fund.

(h) Collection fee. The department of revenue shall assess a fee equal to 5% of the person's delinquent balance of tax, penalty and interest, computed as of August 15, 1998, to any person who qualified for amnesty under paragraph (b) 1. but did not resolve his or her account. That assessment may be made upon completion of the amnesty application period for taxpayers who are eligible for amnesty but do not apply for it and on the day after the due date for taxpayers who apply but do not pay in full. The proceeds of this fee shall be deposited in the appropriation account under section 20.566 (1) (hq) of the statutes.

237,9145 Section 9145. Nonstatutory provisions; supreme court.

(1) State bar membership; failure to pay taxes or provide social security number. The supreme court is requested to promulgate rules under section 751.15 of the statutes so that those rules are effective beginning on January 1, 1999.

237,9148 Section 9148.6 Nonstatutory provisions; transportation.

(1d) Rebasing registration plates.

(a) Agency request for funding. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 1999-2001 biennial budget act, the department of transportation shall submit a proposal that if enacted would make funds available in amounts sufficient to pay for the production and issuance of registration plates required under sections 341.135 (2) and 341.26 (2g) of the statutes, as created by this act. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 1999-2001 biennial budget act, the department of transportation may not propose to create or increase any fee related to vehicle registration, obtaining replacement registration plates or the reissuance of any registration plate.

(b) Design approval for plates representing certain special groups. Notwithstanding section 341.14 (6m) (a) and (6r) (c), (d) and (e) of the statutes, the department of transportation is not required to consult with or obtain the approval of the persons specified in section 341.14 (6m) (a) and (6r) (c), (d) and (e) of the statutes in establishing a registration plate design under section 341.135 (1) of the statutes, as created by this act, except that the department of transportation shall consult with or obtain the approvals of those persons with respect to any word or symbol used to identify the groups for which consultation or approval is required under section 341.14 (6m) (a) and (6r) (c), (d) and (e) of the statutes.

(1x) Highway signs for Korean War Memorial in Plover. The department of transportation shall erect directional signs along I 39 for the Korean War Memorial in Plover in Portage County. The department shall not charge any fee related to signs erected under this subsection.

(2t) Highway lighting for USH 10 interchanges. The department of transportation shall pay either the full costs of installing artificial highway lighting at the USH 10/STH 110 interchange and at the USH 10/CTH “X" interchange, both located near Weyauwega in Waupaca County, or $90,000, whichever is less. The department may not pay any costs of installing artificial highway lighting at those interchanges exceeding $90,000.

(2x) Traffic control signals in Greenfield. Milwaukee County shall design traffic control signals to be installed at the intersection of West Forest Home Avenue and 76th Street in the city of Greenfield. Not later than July 1, 1998, Milwaukee County shall determine whether the county could complete the installation of the traffic control signals at that location by October 15, 1998, and shall notify the department of transportation of that determination. If the county notifies the department of transportation that the county could complete the installation of the traffic control signals by October 15, 1998, the county shall install the signals and the department of transportation shall reimburse the county for the county's actual costs to design and install the traffic control signals. If the county determines that it cannot install the traffic control signals by October 15, 1998, the department of transportation shall reimburse the county for the county's costs to design the traffic control signals and, by July 1, 1999, shall complete the installation of the traffic control signals. The department shall reimburse the county under this subsection from the appropriation under section 20.395 (3) (eq) of the statutes.

(4k) Transportation facilities economic assistance program appropriation adjustments. In submitting the plan required under section 84.03 of the statutes, as created by 1997 Wisconsin Act 86, for fiscal year 1998-99, the secretary of transportation shall include a proposal to increase the amounts appropriated for the transportation facilities economic assistance program under section 84.185 of the statutes, as affected by this act, by an amount which the secretary believes is sufficient to fully fund the increase in the amount of grants that could be awarded to all grant recipients who meet the criteria under section 84.185 (3) (b) 2. of the statutes, as created by this act.

(5fm) Plan to reduce transportation fund appropriations. In submitting the plan required under section 84.03 (2) of the statutes, as created by 1997 Wisconsin Act 86, for fiscal years 1997-98 and 1998-99, the secretary of transportation shall propose to reduce appropriations to the department of transportation from the segregated transportation fund by an amount sufficient to eliminate the deficit, if any, in the transportation fund projected for June 30, 1999. The anticipated transportation fund balance addressed by the secretary under this subsection shall be the balance projected by the department on the date that the secretary submits the plan required under section 84.03 (2) of the statutes, as created by 1997 Wisconsin Act 86, for fiscal years 1997-98 and 1998-99.

237,9152 Section 9152.7 Nonstatutory provisions; University of Wisconsin System.

(1dc) One-time market adjustments in salaries for university senior executives. No later than 90 days after the joint committee on employment relations has approved the establishment of the initial salary ranges for the university senior executive positions specified in section 20.923 (4g) of the statutes, as created by this act, the board of regents of the University of Wisconsin System may authorize a one-time market adjustment to the salary of any incumbent holding such a position. The board of regents may adjust the salary of any such incumbent up to an amount that is not greater than the midpoint of the applicable pay range to which the incumbent's position is assigned for the 1997-98 fiscal year under section 20.923 (4g) of the statutes, as created by this act.

(1dd) 1998-99 pay adjustments for university senior executive positions.

(a) For the 1998-99 fiscal year, if the adjustment granted under subsection (1dc) is made before July 1, 1998, the board of regents of the University of Wisconsin System may not award any employe occupying a university senior executive position specified in section 20.923 (4g) of the statutes, as created by this act, a pay adjustment, including any lump sum payment or an adjustment under section 36.09 (1) (j) of the statutes, as affected by this act, which, when combined with any other pay adjustment, including any lump sum payment or any adjustment under section 36.09 (1) (j) of the statutes, as affected by this act, would cause the employe's base pay to exceed 110% of the employe's base pay as of June 30, 1998, unless the pay adjustment is approved by the department of employment relations.

(b) 1. Subject to subdivision 2., for the 1998-99 fiscal year, if the adjustment granted under subsection (1dc) is made after June 30, 1998, the board of regents of the University of Wisconsin System may not award any employe occupying a university senior executive position specified in section 20.923 (4g) of the statutes, as created by this act, a pay adjustment, including any lump sum payment or an adjustment under section 36.09 (1) (j) of the statutes, as affected by this act, which, when combined with any other pay adjustment, including any lump sum payment or any adjustment under subdivision 2. or section 36.09 (1) (j) of the statutes, as affected by this act, but not including any adjustment granted under subsection (1dc), would cause the employe's base pay to exceed 110% of the employe's base pay as of June 30, 1998, plus any adjustment that is granted under subsection (1dc), unless the pay adjustment is approved by the department of employment relations.

2. If the joint committee on employment relations has not approved the establishment of the salary ranges for the university senior executive positions specified in section 20.923 (4g) of the statutes, as created by this act, for the 1997-98 and 1998-99 fiscal years before July 1, 1998, any employe occupying a university senior executive position specified in section 20.923 (4g) of the statutes, as created by this act, shall be eligible to receive on July 1, 1998, the adjustment for the 1998-99 fiscal year that the employe would otherwise have been eligible to receive under the compensation plan under section 230.12 of the statutes or under section 36.09 (1) (j), 1995 stats., whichever is applicable, had the employe's position not been assigned to a university senior executive position specified in section 20.923 (4g) of the statutes, as created by this act.

(1g) Pharmacy internship board. The repeal of 1997 Wisconsin Act 27, sections 94m, 158m, 4315p, 4315r, 4315s and 9453 (2m) by this act applies notwithstanding section 990.03 (3) of the statutes.

(2t) Submission of proposed legislation regarding an optional retirement system.

(a) In this subsection, “ eligible employe" means an employe of the University of Wisconsin System described under section 20.923 (4g), (4m), (5) or (6) (m) or 230.08 (2) (d) of the statutes, as affected by this act.

(b) No later than June 1, 1999, the board of regents of the University of Wisconsin System shall submit proposed legislation to the legislature in the manner provided under section 13.172 (2) of the statutes creating a University of Wisconsin optional retirement system for eligible employes.

237,9155 Section 9155.8 Nonstatutory provisions; workforce development.

(1f) Wage claim liens. A lien that exists under section 109.09 (2), 1995 stats., on the day before the effective date of this subsection is subject to the filing, service and enforcement requirements specified in section 109.09 (2) of the statutes, as affected by this act, as of the effective date of this subsection.

237,9156 Section 9156.9 Nonstatutory provisions; other.

(1c) Menominee County management review.

(a) Not later than the first day of the 2nd month after this subsection takes effect, a task force for the management review of Menominee County shall be constituted and the following individuals shall be appointed to the task force:

1. A designee of the county board of Menominee County.

2. A designee of the town board of the town of Menominee.

3. A designee of the Menominee Indian Tribe.

4. A designee of the Menominee County Taxpayers Association.

5. A representative from a local government association who is selected by the governor.

6. An employe of the department of revenue who is selected by the governor.

7. Another individual who is selected by the governor.

(b) The task force shall review the actions taken by the county board of Menominee County and the town board of the town of Menominee to address the management concerns raised by the legislative audit bureau in a letter to the county and town dated February 23, 1998, and shall prepare findings based on its review.

(c) The task force shall report its findings to the county board of Menominee County, the town board of the town of Menominee and the cochairpersons and members of the joint committee on finance not later than March 1, 1999. The report required under this paragraph shall include recommendations, in the form of proposed legislation, regarding additional aid for Menominee County and the town of Menominee if the task force finds that the county and the town have taken action to substantially correct the concerns raised by the legislative audit bureau.

(d) The task force shall disband after it reports its findings to the cochairpersons and members of the joint committee on finance.

(1g) Petroleum cleanup reports. The secretary of administration, the secretary of natural resources and the secretary of commerce shall submit reports to the joint committee on finance at the 1st and 3rd quarterly meetings of the committee for the 1998-99 fiscal year under section 13.10 of the statutes that document the progress of the department of natural resources and the department of commerce toward meeting the requirements of the memorandum of understanding under section 101.144 (3m) of the statutes. The reports shall include at least the following information:

(a) The progress toward determining the classification of petroleum discharge sites as high, medium or low priority.

(b) The number of petroleum discharge sites under the jurisdiction of the department of natural resources and under the jurisdiction of the department of commerce.

(c) The number of petroleum discharge sites closed by the department of natural resources and by the department of commerce.

(d) The time that it takes to close petroleum discharge sites after the discharges are reported to this state.

(e) The progress made by the department of commerce in using the authority under section 101.143 (4) (ce) of the statutes in requiring the use of specified service providers in order to reduce costs of cleanups and in requiring owners of petroleum discharge sites to use a public bidding process in order to reduce the costs of cleanups.

(f) A summary of the definitions in the memorandum of understanding of high, medium and low priority sites and the reasons for those definitions.

(g) If more than 30% of the total known active petroleum discharge sites are classified as high priority, a description of the causes for that number of high priority sites.

237,9201 Section 9201. Appropriation changes; administration.

(1) Pari-mutuel wagering; general program operations. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of administration under section 20.505 (8) (g) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $14,000 for fiscal year 1997-98 and the dollar amount is increased by $14,000 for fiscal year 1998-99 to increase funding for the purpose for which the appropriation is made.

(2) Indian gaming; general program operations. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of administration under section 20.505 (8) (h) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $50,000 for fiscal year 1997-98 and the dollar amount is increased by $50,000 for fiscal year 1998-99 to increase funding for the purpose for which the appropriation is made.