Wisconsin Legislature: 27,9141

(2t) Efficiency measures. No later than the 30th day beginning after publication, the public defender board shall submit a report to the governor and to the joint committee on finance recommending how reductions in fiscal year 1997-98 of $816,900 and in fiscal year 1998-99 of $987,600, resulting from budgetary efficiency measures, should be allocated among sum certain appropriations made to the public defender board from general purpose revenue. If the cochairpersons of the committee do not notify the public defender board that the committee has scheduled a meeting for the purpose of reviewing the report within 14 working days after the date of the submittal, the recommendation may be implemented as proposed by the public defender board. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the public defender board that the committee has scheduled a meeting for the purpose of reviewing the report, the recommendation may be implemented only upon approval of the committee.

27,9140 Section 9140. Nonstatutory provisions; public instruction.

(1) Residential schools. Within 30 days after the effective date of this subsection, and by October 1, 1998, the state superintendent of public instruction shall submit to the joint committee on finance a plan specifying all of the following:

(a) How the state superintendent will allocate $74,000 of the supplement under Section 9132 (2r) of this act in each fiscal year of the 1997‐99 biennium for maintenance projects at the Wisconsin School for the Deaf.

(b) How the state superintendent will allocate $17,200 of the supplement under Section 9132 (2r) of this act in each fiscal year of the 1997‐99 biennium for maintenance projects at the Wisconsin School for the Visually Handicapped.

(3) Transfer of positions and employes.

(a) On the effective date of this paragraph, 4.6 FTE positions in the department of public instruction that are primarily related to school-to-work programs, as determined by the secretary of administration, and the incumbent employes holding those positions, are transferred to the department of workforce development.

(b) Employes transferred under paragraph (a) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of workforce development that they enjoyed in the department of public instruction 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.

(4) Educational technology block grants. Notwithstanding section 44.72 (2) (c) of the statutes, as created by this act, if in a common school district the annual meeting required to be held between May 15, 1997, and September 30, 1997, has been held before the effective date of this subsection, the school district is eligible for a grant under section 44.72 (2) (a) or (b) of the statutes, as created by this act, in the 1997‐98 school year if the school board adopts a resolution requesting the grant.

(5m) Newsline. The department of public instruction, in consultation with the Wisconsin Regional Library for the Blind and Physically Handicapped in the city of Milwaukee, shall enter into a 2-year contract with the National Federation of the Blind to provide the Newsline electronic information service from the Wisconsin Regional Library for the Blind and Physically Handicapped in the city of Milwaukee and from a location in the city of Madison selected by the department in consultation with the Wisconsin Regional Library for the Blind and Physically Handicapped in the city of Milwaukee. The department shall use the moneys transferred to the appropriation account under section 20.255 (1) (ke) of the statutes under Section 9241 (1n) of this act to pay the costs of the contract.

(5n) Transfer of environmental education board.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of public instruction primarily related to the functions of the environmental education board, as determined by the secretary of administration, shall become the assets and liabilities of the board of regents of the University of Wisconsin System.

(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of public instruction that is primarily related to the functions of the environmental education board, as determined by the secretary of administration, is transferred to the board of regents of the University of Wisconsin System.

(c) Pending matters. Any matter pending with the department of public instruction on the effective date of this paragraph that is primarily related to the environmental education board, as determined by the secretary of administration, is transferred to the board of regents of the University of Wisconsin System. All materials submitted to or actions taken by the department of public instruction with respect to the pending matter are considered as having been submitted to or taken by the board of regents of the University of Wisconsin System.

(d) Contracts. All contracts entered into by the department of public instruction in effect on the effective date of this paragraph that are primarily related to the functions of the environmental education board, as determined by the secretary of administration, remain in effect and are transferred to the board of regents of the University of Wisconsin System. The board of regents of the University of Wisconsin System shall carry out any obligations under those contracts unless modified or rescinded by the board of regents of the University of Wisconsin System to the extent allowed under the contract.

(e) Rules and orders. All rules promulgated by the department of public instruction in effect on the effective date of this paragraph that are primarily related to the environmental education board remain in effect until their specified expiration date or until amended or repealed by the board of regents of the University of Wisconsin System. All orders issued by the department of public instruction in effect on the effective date of this paragraph that are primarily related to the environmental education board remain in effect until their specified expiration date or until modified or rescinded by the board of regents of the University of Wisconsin System.

(5r) Expenditure of funds by the standards development council. The department of public instruction shall provide to the standards development council, at its request, in the 1997-99 fiscal biennium up to $49,000 from the appropriation under section 20.255 (1) (dw) of the statutes to review and modify proposed standards under section 14.23 of the statutes, as created by this act.

(6m) Additional aid for county handicapped children's education boards. From the appropriation under section 20.255 (2) (bi) of the statutes, as created by this act, the department of public instruction, in the 1997-98 fiscal year, shall pay to each county handicapped children's education board whose aid under section 121.135 of the statutes in the 1996-97 school year was less than its aid under section 121.135 of the statutes in the 1995-96 school year the amount by which its aid under section 121.135 of the statutes in the 1996-97 school year was less than its aid under section 121.135 of the statutes in the 1995-96 school year. If the appropriation under section 20.255 (2) (bi) of the statutes, as created by this act, is insufficient to pay the full amount of aid under this subsection, the moneys shall be prorated among the entitled county handicapped children's education boards.

(6sr) Youth options program.

(a) Using the procedure under section 227.24 of the statutes, the department of public instruction shall promulgate the rules required under section 118.55 (7r) (dg) 3. of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under that section, but not to exceed the period au thorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the department is not required to make a finding of emergency.

(b) Notwithstanding section 118.37 (5) (b), 1995 stats., and Section 9340 (5x) of this act, the rules promulgated under section 118.55 (7r) (dg) 3. of the statutes, as created by this act, apply to pupils attending a technical college under section 118.37, 1995 stats., in the 1998 spring semester.

(7gf) Funding for statewide library contracts.

(a) For the 1997-98 fiscal year, the department of public instruction shall allocate from the appropriation under section 20.255 (3) (ea) of the statutes $60,100 for the contract with the Milwaukee Public Library, $163,900 for the contract with the Wisconsin Interlibrary Loan Services, $662,200 for the contract with the Wisconsin Regional Library for the Blind and the Physically Handicapped and $59,100 for the contract with the University of Wisconsin-Madison Cooperative Children's Book Center.

(b) For the 1998-99 fiscal year, the department of public instruction shall allocate from the appropriation under section 20.255 (3) (ea) of the statutes $61,900 for the contract with the Milwaukee Public Library, $168,800 for the contract with the Wisconsin Interlibrary Loan Services, $682,100 for the contract with the Wisconsin Regional Library for the Blind and the Physically Handicapped and $60,900 for the contract with the University of Wisconsin-Madison Cooperative Children's Book Center.

(7s) Report on debt service. Within 30 days after the effective date of this subsection, each school board shall submit to the department of public instruction a schedule of its debt service payments. Within 30 days after the effective date of this subsection, the common council of a 1st class city shall submit to the department of public instruction a schedule of its debt service payments on debt issued on behalf of the school district operating under chapter 119 of the statutes.

27,9141 Section 9141. Nonstatutory provisions; public service commission.

(1) Educational telecommunications access.

(a) Subject to paragraph (b), using the procedure under section 227.24 of the statutes, the public service commission shall promulgate the rules required under section 196.218 (4r) (b) of the statutes, as created by this act, for the period before the effective date of permanent rules promulgated under section 196.218 (4r) (b) of the statutes, as created by this act, 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 commission need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this paragraph.

(b) The public service commission shall submit the proposed rules under paragraph (a) to the cochairpersons of the joint committee on information policy and to the cochairpersons of the joint committee on finance. If the cochairpersons of the committees do not notify the commission that one or both of the committees has scheduled a meeting for the purpose of reviewing the proposed rules within 14 working days after the date of the commission's submittal, the commission may proceed to promulgate the rules. If, within 14 working days after the date of the commission's submittal, the cochairpersons of either committee notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed rules, the commission shall not promulgate the rules until that committee approves the rules. The public service commission shall submit the proposed rules to the committees under this paragraph no later than the 60th day after the effective date of this paragraph.

(2m) Reports.

(a) The public service commission shall, no later than January 1, 1999, submit a report to the legislature under section 13.172 (2) of the statutes, and to the governor, that contains recommendations for each of the following:

1. Reducing any programmatic and funding differences between the educational telecommunications access program established under section 196.218 (4r) of the statutes, as created by this act, and the assistance for institutions program specified in section PSC 160.11, Wisconsin Administrative Code.

2. A date after which school districts, technical colleges, private colleges and public library boards may no longer be eligible to participate in the educational telecommunications access program established under section 196.218 (4r) of the statutes, as created by this act.

(b) The public service commission and the technology for educational achievement in Wisconsin board shall, no later than August 15, 1998, submit a joint report to the joint committee on finance that includes each of the following:

1. The amounts encumbered under the appropriations under sections 20.155 (1) (q) and 20.275 (1) (s) and (t) of the statutes, as created by this act, during the 1997-98 fiscal year.

2. A summary of the programs, including activities and recipient classes, funded under the appropriations specified in subdivision 1. during the 1997-98 fiscal year.

3. An assessment of the amounts necessary to fund the programs supported by the appropriations specified in subdivision 1. in the 1998-99 fiscal year.

4. A recommendation on whether the appropriations specified in subdivision 1. should be increased for the 1998-99 fiscal year.

5. A recommendation on whether school districts with special needs relating to size, location or geography should be provided with additional data lines or video links under the educational telecommunications access program established under section 196.218 (4r) of the statutes, as created by this act.

(c) In fiscal years 1997-98 and 1998-99, the public service commission shall, no later than 90 days after it calculates the contribution amounts that are required to be paid into the universal service fund by telecommunications utilities, as defined in section 196.01 (10) of the statutes, that provide basic local exchange service, as defined in section 196.01 (1g) of the statutes, report to the joint committee on finance the portion of the contributions determined by the commission under section 196.218 (3) (a) 4. of the statutes, as created by this act.

(2sb) Executive assistants. The authorized FTE positions for the public service commission are increased by 2.0 PR executive assistant positions, to be funded from the appropriation under section 20.155 (1) (g) of the statutes, for the purpose of the assisting the commissioners of the public service commission.

(2sbb) P osition decrease. The authorized FTE positions for the public service commission are decreased by 2.0 PR positions to reflect an offsetting position reduction for the positions authorized under subsection (2sb).

27,9142 Section 9142. Nonstatutory provisions; regulation and licensing.

(1mg) Licensing of certain dentists.

(a) Notwithstanding section 447.04 (1) of the statutes, the dentistry examining board shall grant a license to practice dentistry under chapter 447 of the statutes to an individual who submits an application to the department of regulation and licensing by July 1, 1998, pays the fee specified in section 440.05 (2) of the statutes and submits evidence satisfactory to the dentistry examining board that he or she satisfies all of the following:

1. Is licensed to practice dentistry in another jurisdiction of the United States or Canada.

2. Meets the requirements of section DE 2.04 (1) (a) to (d) and (f) to (i) of the Wisconsin Administrative Code that are in effect on the effective date of this subdivision.

3. Has completed a clinical licensure examination that was comparable to the examination that was required for licensure by the dentistry examining board at the time that the individual was granted an initial license to practice dentistry in the other jurisdiction.

(b) A license granted under paragraph (a) has the same force and effect as a license granted under chapter 447 of the statutes and is subject to renewal under section 447.05 of the statutes.

27,9143 Section 9143. Nonstatutory provisions; revenue.

(2e) Computer study. The department of revenue shall conduct a study of the property tax treatment of computers. In conducting the study, the department of revenue shall examine the level of taxation of computers and related equipment; the impact of exempting that property from the property tax; mechanisms for compensating local governments for any tax base loss due to such an exemption, including state aid payments; and the creation of a corporate income tax and franchise tax credit for property taxes paid on computers and related equipment, as an alternative to providing a property tax exemption. The department of revenue shall submit its recommendations, in the form of proposed legislation, to the legislature on or before January 1, 1999.

(2m) Report on alternative methods of filing. The department of revenue shall identify potential savings from using alternative methods of filing and paying taxes and shall submit a report listing those savings to the joint committee on finance at the committee's first quarterly meeting in 1998 under section 13.10 of the statutes.

(2mf) Tax amnesty. The department of revenue shall submit a proposal for a tax amnesty program to be conducted during the 1997-98 fiscal year to the joint committee on finance at the committee's 4th quarterly meeting in 1997 under section 13.10 of the statutes. This proposed tax amnesty program shall be materially similar to the tax amnesty program conducted in 1985. The joint committee on finance may modify the department's proposal to ensure that it is materially similar to the tax amnesty program conducted in 1985.

(2n) Grant from investment and local impact fund. The investment and local impact fund board shall grant $480,000 to the city of Ladysmith from the fund under section 70.395 (2) (b) of the statutes.

(2r) Alternate fuels tax rates. Notwithstanding section 78.405 of the statutes, as affected by this act, the department of revenue shall calculate the rates for the alternate fuel tax on November 1, 1997, and those rates are effective from November 1, 1997, until April 1, 1998.

(2v) Drug tax. The legislature intends that, irrespective of the constitutionality of the affix and display requirements under section 139.89 of the statutes and the rules that interpret that section, all other civil and administrative procedures that are related to the civil obligation to pay the tax, interest and penalties required under subchapter IV of chapter 139 of the statutes are severable from those affix and display requirements and are to remain in full force and effect. To the extent necessary to effectuate the legislature's intent, the civil obligation to pay the tax, interest and penalties required under subchapter IV of chapter 139 of the statutes is retroactively reimposed beginning with the effective date under 1989 Wisconsin Act 122, section 3203 (48) (a).

(2x) Estimated tax payments.

(a) Notwithstanding sections 71.09 and 71.29 of the statutes, as affected by this act, and sections 71.48 and 77.947 of the statutes, the increase in the payments that are due under those sections before the effective date of this paragraph solely because of this act shall be prorated among, and paid with, estimated payments that are due under those sections after the effective date of this paragraph.

(b) A corporation that may be treated as a tax-option corporation or a qualified subchapter S subsidiary because of this act may treat any portion of a payment of estimated taxes for its taxable year that begins in 1997 that the corporation or its qualified subchapter S subsidiary makes before the effective date of this paragraph as a payment made by a shareholder of the corporation on the effective date of this paragraph, if the corporation so elects on or before the original due date of the corporation's return under chapter 71 of the statutes, as affected by this act, for its taxable year that begins in 1997, in the manner that the department of revenue prescribes. That election is irrevocable.

(3t) Report on auditors. The department of revenue, on or before January 1, 2000, shall report to the joint committee on finance on the activities of the auditors the positions of whom are authorized by this act, on the amount of revenue that they generated and on the amount of revenue that could be generated by additional auditors.

(4z) Integrated tax system plan. The department of revenue shall submit a plan to the joint committee on finance on the development of an integrated tax system. The joint committee on finance may not release the funds for that project until it receives a satisfactory plan.

(6g) Study of debt collection. The department of revenue shall submit to the joint committee on finance, at its 4th quarterly meeting in 1998 under section 13.10 of the statutes, a study of centralized debt collection for state government. The department of revenue shall consider working with local units of government in a coordinated fashion to collect debts.

(7k) Adult entertainment tax rules. The department of revenue shall submit in final form permanent rules that specify the products and services that are subject to the tax under subchapter XIII of chapter 77 of the statutes, as created by this act, to the legislative council staff under section 227.15 of the statutes. The department of revenue may also promulgate emergency rules that specify those products and services.

27,9146 Section 9146. Nonstatutory provisions; supreme court.

(1) Efficiency measures. The supreme court shall endeavor to ensure that expenditures from the sum of general purpose revenue appropriations under sections 20.625, 20.660 and 20.680 of the statutes shall be less than the sum of the amounts shown for general purpose revenue appropriations under sections 20.625, 20.660 and 20.680 of the statutes in the schedule under section 20.005 (3) of the statutes by at least $1,175,000 for the 1997-98 fiscal year and by at least $1,175,000 for the 1998-99 fiscal year.

27,9147 Section 9147. Nonstatutory provisions; technical college system.

(2m) Faculty development grants; report. By March 1, 1999, the technical college system board shall submit a report to the appropriate standing committees of the legislature, in the manner provided under section 13.172 (3) of the statutes, on the activities in each technical college district that have been funded with grants awarded under section 38.33 of the statutes, as created by this act, and the effectiveness of the activities in meeting the purposes of the faculty development programs as specified under that section.

27,9148 Section 9148. Nonstatutory provisions; tourism.

(2f) Film of Monona Terrace Convention Center. From the appropriation under section 20.380 (1) (b) of the statutes, as affected by this act, the department of tourism shall make a grant of $13,500 in the 1997-99 fiscal biennium for the production of a film documenting the construction of the Frank Lloyd Wright Monona Terrace Convention Center.

(2g) Plan for marketing tourism opportunities to residents of Canada. The department of tourism shall develop a plan for marketing tourism opportunities in the state to residents of Canada. No later than January 1, 1998, the department of tourism shall submit the plan to the appropriate standing committees in the manner provided under section 13.172 (3) of the statutes and to the governor.

(2x) Grants to Ten Chimney Foundation, Inc. From the appropriation under section 20.380 (1) (b) of the statutes, as affected by this act, the department of tourism shall make a grant not exceeding $50,000 to the Ten Chimney Foundation, Inc., to develop and facilitate a private fund-raising effort by the foundation if the foundation makes a matching fund contribution that is equal to the amount of the grant made under this subsection.

(3m) Tourism materials grants. From the appropriation under section 20.380 (1) (c) of the statutes, as created by this act, the department of tourism shall make a grant of $10,000 in fiscal year 1997-98, and a grant of $15,000 in fiscal year 1998-99, to each of the following:

(a) Florence County, as compensation for distribution of state tourism materials by the Florence County forestry and park department.

(b) Polk County Tourism Council, as compensation for distribution of state tourism materials.

27,9149 Section 9149. Nonstatutory provisions; transportation.

(1) Farm trailer registration. Notwithstanding section 341.26 (3) (b) of the statutes, as affected by this act, and section 341.264 of the statutes, upon receipt of a completed application for the renewal of registration of a farm trailer that is registered under section 341.26 (3) (b), 1995 stats., and used with a farm truck tractor together with the registration fee of $5, the department of transportation shall register that farm trailer under section 341.264 of the statutes and shall issue a permanent semitrailer registration plate to the owner of the farm trailer. Upon receipt of such registration plate, the owner of the farm trailer shall dispose of the plate previously issued for that farm trailer in a manner prescribed by the department of transportation.

(1c) Supplemental title fee matching. Notwithstanding section 85.037 of the statutes, the secretary of transportation shall certify to the secretary of administration the amount of fees collected under section 342.14 (3m) of the statutes during fiscal year 1996-97 no later than October 1, 1997, or the 15th day after the effective date of this subsection, whichever is later.

(1d) Landscaping of major highway projects. Notwithstanding the reduction in 1995 Wisconsin Act 113 of base-level funding for landscaping highway projects from the appropriation under section 20.395 (3) (bq) of the statutes, the department of transportation shall landscape major highway construction projects on which construction was commenced on or before December 21, 1995, according to landscaping plans that the department has approved for the project before that date

(1gs) Marquette Interchange design. Of the amounts appropriated to the department of transportation under section 20.395 (3) (cq) of the statutes, as affected by this act, the department shall allocate $4,000,000 in fiscal year 1997-98 and $6,500,000 in fiscal year 1998-99 to design the reconstruction of the I 794—I 43/90 interchange, known as the “Marquette Interchange", in the city of Milwaukee. The department of transportation shall coordinate its design for the interchange with the city of Milwaukee's design for the 6th Street viaduct project near the interchange.

(1gss) Fond du Lac Avenue project. Of the amounts appropriated to the department of transportation under section 20.395 (3) (cq) of the statutes, as affected by this act, on the effective date of this subsection the department shall allocate $1,000,000 for preliminary engineering for and construction of the Fond du Lac Avenue project in the city of Milwaukee and for associated economic development. Notwithstanding section 20.001 (3) (c) of the statutes, if the department has not commenced preliminary engineering for the project on or before December 31, 1997, the funds allocated under this subsection shall lapse from the appropriation account under section 20.395 (3) (cq) of the statutes, as affected by this act, to the transportation fund.

(1h) Study of transportation projects commission. The legislative council shall conduct a study of the transportation projects commission and the process of enumerating major highway projects under section 84.013 (3) of the statutes and shall report its findings, conclusions and recommendations, including recommendations regarding improving the process of enumer ating major highway projects, to the legislature by May 1, 1999.

(1L) Efficiency measures. By the 30th day beginning after publication, the department of transportation shall submit recommendations to the joint committee on finance if the department wishes to reallocate, among the appropriations of the department of transportation for state operations, reductions in each fiscal year of the 1997-99 biennium of $4,981,500 resulting from budgetary efficiency measures and position vacancy reductions of 26.5 FTE positions. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the recommendations within 14 working days after the date of the submittal of the recommendations by the department, the recommendations may be implemented as proposed by the department. If, within 14 working days after the date that the department of transportation submits the recommendations, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the recommendations, the recommendations may be implemented only upon approval of the committee.

(1p) Agency request. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 1997-99 biennial budget bill, the department of transportation shall submit information concerning the appropriations under section 20.395 (3) (bq), (bv) and (bx) of the statutes, as affected by this act, and section 20.395 (3) (br) of the statutes that includes any amounts appropriated under those appropriations for fiscal year 1998-99 for any major highway project involving STH 29.

(1rm) Wausau River Edge Parkway project. Notwithstanding section 85.026 (2) of the statutes, as created by this act, before any other project is awarded assistance under section 85.026 of the statutes, as created by this act, the secretary of transportation shall approve the Wausau River Edge Parkway project in Wausau for an award of assistance under section 85.026 of the statutes, as created by this act, if the project is consistent with federal regulations promulgated under 23 USC 133 (b) (8). The amount of the award shall be $94,400 or 80% of the total cost of the project, whichever is less.

(1rmg) STH 26 wayside near Clyman. The department of transportation shall close the wayside, as defined in section 84.04 (1) (e) of the statutes, along STH 26 near Clyman, approximately 5 miles north of Watertown, in Dodge County. The department of transportation shall sell the real property that is no longer needed for that wayside in the manner provided under section 84.09 (5) of the statutes.

(1xc) Harbor assistance grant for Northport Harbor. Notwithstanding section 85.095 of the statutes, not later than June 30, 1999, the department of transportation shall award a grant under section 85.095 of the statutes in the amount of $227,136 for harbor improvements to Northport Harbor in Door County.

(1y) Designation of highway; vehicle length. Notwithstanding section 348.07 (4) of the statutes, STH 64 between the city of Merrill in Lincoln County and the city of Medford in Taylor County is designated a highway to which sections 348.07 (2) (f), (fm), (gm) and (gr) and 348.08 (1) (e) and (h) of the statutes apply. The designation of a portion of STH 64 under this subsection does not apply after December 31, 1998.

(1ypg) Village of Howard bridge. The department of transportation shall complete the reconstruction of the Hillcrest Heights bridge in the village of Howard in Brown County not later than December 30, 1998.