AB100: Bill Text

AB100,2061,8 (6) Highway landscaping.

AB100,2061,17 (a) The department of natural resources and the department of transportation shall jointly develop a plan for landscaping along the highways of this state, with priority given to highways located in the region composed of Adams, Calumet, Columbia, Crawford, Dane, Dodge, Fond du Lac, Grant, Green, Green Lake, Iowa, Jefferson, Juneau, Kenosha, La Crosse, Lafayette, Manitowoc, Marquette, Milwaukee, Monroe, Ozaukee, Racine, Richland, Rock, Sauk, Sheboygan, Vernon, Walworth, Washington, Waukesha, Waushara and Winnebago counties. The departments shall submit the plan before January 1, 1998, to the department of administration for its approval.

AB100,2061,25 (b) From the appropriation under section 20.370 (1) (mu) of the statutes, as affected by this act, the department of natural resources shall allocate $500,000 in fiscal year 1997-98 and $500,000 in fiscal year 1998-99 for the landscaping. The department shall contract with the department of corrections to provide work crews of inmates and with the Wisconsin conservation corps to provide work crews to do the landscaping. The department of natural resources shall expend at least 50% of the moneys allocated under this paragraph to reimburse the department of corrections for the use of its work crews.

AB100,2062,7 (7) Technology migration report. No later than January 1, 1998, the department of natural resources shall submit a plan to the department of administration detailing proposed expenditures from the appropriation under section 20.370 (8) (mt) of the statutes, as affected by this act, necessary to conform the department of natural resources' information technology to any guidelines and standards established under section 16.971 (2) (j) of the statutes by the division of technology management in the department of administration.

AB100,2062,18 (8) Recreational boating project; Stockbridge Harbor. From the appropriation under section 20.370 (5) (cq) of the statutes, the department of natural resources shall provide to Calumet County the amount that is necessary for the completion of Stockbridge Harbor on Lake Winnebago, but the amount may not exceed $700,000. Notwithstanding section 30.92 (4) (b) 2. of the statutes, Calumet County need not contribute any moneys to match the amount expended from the appropriation under section 20.370 (5) (cq) of the statutes. The amount expended under this subsection shall be considered an expenditure for an inland water project as provided in section 30.92 (4) (b) 6. of the statutes. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes. This subsection does not apply after June 30, 2000.

AB100,2063,4 (9) Recreational boating project; Columbia County Park. From the appropriation under section 20.370 (5) (cq) of the statutes, the department of natural resources shall provide to Fond du Lac County the amount that is necessary for boat launching facilities at Columbia County Park on Lake Winnebago, but the amount may not exceed $750,000. Notwithstanding section 30.92 (4) (b) 2. of the statutes, Fond du Lac County need not contribute any moneys to match the amount expended from the appropriation under section 20.370 (5) (cq) of the statutes. The amount expended under this subsection shall be considered an expenditure for an inland water project as provided in section 30.92 (4) (b) 6. of the statutes. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes. This subsection does not apply after June 30, 2000.

AB100,2063,15 (10) Recreational boating project; Petenwell Lake. From the appropriation under section 20.370 (5) (cq) of the statutes, the department of natural resources shall provide to Adams County the amount that is necessary to construct boat launching facilities and a harbor of refuge on Petenwell Lake, but the amount may not exceed $1,200,000. Notwithstanding section 30.92 (4) (b) 2. of the statutes, Adams County need not contribute any moneys to match the amount expended from the appropriation under section 20.370 (5) (cq) of the statutes. The amount expended under this subsection shall be considered an expenditure for an inland water project as provided in section 30.92 (4) (b) 6. of the statutes. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes. This subsection does not apply after June 30, 2000.

AB100, s. 9139 Section 9139. Nonstatutory provisions; public defender board.

AB100,2063,21 (1) Report on representation of sexually violent persons. By October 1, 1998, the state public defender shall submit a report to the legislature in the manner provided in section 13.172 (2) of the statutes and to the governor specifying and evaluating the time spent by the state public defender in representing persons under chapter 980 of the statutes.

AB100, s. 9140 Section 9140. Nonstatutory provisions; public instruction.

AB100,2063,23 (1) Residential schools.

AB100,2064,3 (a) By October 1, 1997, and by October 1, 1998, the state superintendent of public instruction shall submit to the secretary of administration a plan specifying all of the following:

AB100,2064,6 1. How the state superintendent will allocate $74,000 from the appropriation under section 20.255 (1) (b) of the statutes in each fiscal year of the 1997-99 biennium for maintenance projects at the Wisconsin School for the Deaf.

AB100,2064,9 2. How the state superintendent will allocate $17,200 from the appropriation under section 20.255 (1) (b) of the statutes in each fiscal year of the 1997-99 biennium for maintenance projects at the Wisconsin School for the Visually Handicapped.

AB100,2064,14 (b) 1. Of the moneys appropriated to the department of public instruction under section 20.255 (1) (b) of the statutes, $74,000 in each fiscal year of the 1997-99 biennium is allocated for maintenance projects at the Wisconsin School for the Deaf, and $17,200 in each fiscal year of the 1997-99 biennium is allocated for maintenance projects at the Wisconsin School for the Visually Handicapped.

AB100,2064,17 2. The moneys specified under subdivision 1. may not be encumbered or expended until the applicable plan under paragraph (a ) has been approved by the secretary of administration.

AB100,2064,18 (2) Transfer of prevention and intervention grant programs.

AB100,2064,23 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of public instruction primarily related to its functions under sections 115.36, 115.361 (3) to (7) and 115.362 of the statutes, as affected by this act, as determined by the secretary of administration, shall become the assets and liabilities of the department of health and family services.

AB100,2065,4 (b) Employe transfers. On the effective date of this paragraph, 5.0 FTE positions in the department of public instruction that are primarily related to its functions under sections 115.36, 115.361 (3) to (7) and 115.362 of the statutes, as affected by this act, and the incumbents holding these positions, as determined by the secretary of administration, are transferred to the department of health and family services.

AB100,2065,10 (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, as affected by this act, in the department of health and family services 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.

AB100,2065,15 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of public instruction primarily related to its functions under sections 115.36, 115.361 (3) to (7) and 115.362 of the statutes, as affected by this act, as determined by the secretary of administration, are transferred to the department of health and family services.

AB100,2065,22 (e) Pending matters. On the effective date of this paragraph, any matter pending with the department of public instruction primarily related to its functions under sections 115.36, 115.361 (3) to (7) and 115.362 of the statutes, as affected by this act, is transferred to the department of health and family services. All materials submitted 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 department of health and family services.

AB100,2066,5 (f) 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 its functions under sections 115.36, 115.361 (3) to (7) and 115.362 of the statutes, as affected by this act, as determined by the secretary of administration, remain in effect and are transferred to the department of health and family services. The department of health and family services shall carry out any such contractual obligations until modified or rescinded by the department of health and family services to the extent allowed under the contract.

AB100,2066,15 (g) Rules and orders. All rules promulgated by the department of public instruction that are in effect on the effective date of this paragraph and that are primarily related to its functions under sections 115.36, 115.361 (3) to (7) and 115.362 of the statutes, as affected by this act, remain in effect until their specified expiration date or until amended or repealed by the department of health and family services. All orders issued by the department of public instruction that are in effect on the effective date of this paragraph and that are primarily related to its functions under sections 115.36, 115.361 (3) to (7) and 115.362 of the statutes, as affected by this act, remain in effect until their specified expiration date or until modified or rescinded by the department of health and family services.

AB100,2066,16 (3) Transfer of positions and employes.

AB100,2066,21 (a) On the effective date of this paragraph, 13.0 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 industry, labor and job development.

AB100,2067,2 (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, as affected by this act, in the department of industry, labor and job 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.

AB100,2067,8 (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.

AB100, s. 9141 Section 9141. Nonstatutory provisions; public service commission.

AB100,2067,20 (1) Educational telecommunications access. 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 subsection. The public service commission shall promulgate rules under this subsection no later than the 60th day after the effective date of this subsection.

AB100, s. 9143 Section 9143. Nonstatutory provisions; revenue.

AB100,2067,22 (1) Taxation of nonresidents and part-year residents.

AB100,2068,5 (a) Not later than March 17, 1997, or the effective date of this paragraph, whichever is later, the department of revenue shall provide the legislative reference bureau and the department of administration with drafting instructions that are sufficient to enable the legislative reference bureau to include language in the 1997-99 budget bill that changes the proration formula for the individual income tax treatment of nonresidents and part-year residents as described in this subsection. The new proration formula shall first apply to taxable years beginning on January 1, 1998.

AB100,2068,8 (b) The drafting instructions provided by the department of revenue shall analyze, and contain procedures for, the calculation of tax liability by a nonresident and a part-year resident as follows:

AB100,2068,12 1. Determine Wisconsin adjusted gross income of a nonresident and a part-year resident as if he or she were a resident, by taking federal adjusted gross income and making the modifications under section 71.05 of the statutes, as affected by this act, except for any adjustments related to situs of income.

AB100,2068,16 2. Calculate net tax by subtracting from the number determined in subdivision 1. the dependent and elderly credits under section 71.07 (8) (a) and (b) of the statutes, the itemized deductions credit under section 71.07 (9) of the statutes and the school property tax credit under section 71.07 (8) of the statutes.

AB100,2068,19 3. Determine the proration factor, which is a fraction, the denominator of which is the amount calculated in subdivision 1 . and the numerator of which is the amount determined in subdivision 1. that is attributable to Wisconsin.

AB100,2068,21 4. Determine prorated net tax by multiplying the net tax by the proration formula.

AB100,2068,23 5. Determine whether prorated net tax may be further reduced by the historic rehabilitation tax credits under section 71.07 (9m) and (9r) of the statutes.

AB100,2068,25 6. To prorated net tax add any amount of alternative minimum tax that exceeds prorated net tax.

AB100,2069,3 7. From prorated net tax, subtract the married persons credit under section 71.07 (6) of the statutes and the development zones credits under section 71.07 (2dj) to (2ds) of the statutes.

AB100,2069,6 (c) The drafting instructions provided by the department of revenue shall also analyze the following issues and determine whether any of the calculations or procedures described in paragraph (b ) need to be modified:

AB100,2069,8 1. Determine whether changes need to be made to the computation of the alternative minimum tax for nonresidents and part-year residents.

AB100,2069,10 2. Determine how to address the treatment of capital losses, net operating loss carry-forwards and farm losses.

AB100,2069,12 3. Determine how to address any additional issues that arise in the analysis and preparation of instructions under this subsection.

AB100, s. 9146 Section 9146. Nonstatutory provisions; supreme court.

AB100,2069,17 (1) State bar membership; failure to pay support or taxes or to provide social security number. The supreme court is requested to promulgate rules under section 751.15 of the statutes, as created by this act, so that those rules are effective beginning on April 1, 1998.

AB100, s. 9147 Section 9147. Nonstatutory provisions; technical college system.

AB100,2069,19 (1) Transfer of position and employe.

AB100,2069,24 (a) On the effective date of this paragraph, 1.0 FTE position in the technical college system that is primarily related to the administration of school-to-work programs, as determined by the secretary of administration, and the incumbent employe holding that position, is transferred to the department of industry, labor and job development.

AB100,2070,6 (b) The employe transferred under paragraph (a ) has all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes, as affected by this act, in the department of industry, labor and job development that he or she enjoyed in the technical college system 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.

AB100, s. 9148 Section 9148. Nonstatutory provisions; tourism.

AB100,2070,12 (1) Promulgation of rules. The department of tourism shall submit in proposed form the rules required under section 41.23 (5) of the statutes, as created by this act, to the legislative council staff under section 227.15 of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.

AB100, s. 9149 Section 9149. Nonstatutory provisions; transportation.

AB100,2070,23 (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 s. 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.

AB100,2071,3 (2) Certificates of title. Notwithstanding chapter 342 of the statutes, as affected by this act, beginning on the effective date of this subsection, the department of transportation may, for 6 months after the effective date of this subsection, issue and deliver certificates of title under applicable provisions of chapter 342 of the statutes that are in effect on the day before the effective date of this subsection.

AB100,2071,8 (3) Registration of leased vehicles. Notwithstanding chapter 341 of the statutes, as affected by this act, the department of transportation may, for one year after the effective date of this subsection, issue an original registration of a vehicle under applicable provisions of chapter 341 of the statutes that are in effect on the day before the effective date of this subsection.

AB100,2071,9 (4) Folded highway maps study.

AB100,2071,13 (a) The department of transportation shall create a committee to study the sale of advertising space on folded highway maps produced under section 84.02 (5) of the statutes and the sale and distribution of such maps, with or without advertising. The committee shall consist of the following members:

AB100,2071,15 1. Two members, representing private sector business or industry, appointed by the governor.

AB100,2071,16 2. One member of the senate, appointed by the majority leader of the senate.

AB100,2071,17 3. One member of the senate, appointed by the senate minority leader.

AB100,2071,18 4. One member of the assembly, appointed by the speaker of the assembly.

AB100,2071,19 5. One member of the assembly, appointed by the assembly minority leader.

AB100,2071,20 6. One member appointed by the secretary of transportation.

AB100,2071,21 7. One member appointed by the secretary of natural resources.

AB100,2071,22 8. One member appointed by the secretary of tourism.

AB100,2072,2 (b) Not later than July 1, 1998, the committee shall submit a report containing its findings, conclusions, and recommendations for the sale of advertising space on folded highway maps and for the sale and distribution of the maps, with or without advertising, to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor.

AB100, s. 9150 Section 9150. Nonstatutory provisions; treasurer.

AB100,2072,4 (1) Transfer of division of trust lands and investments.

AB100,2072,8 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the office of the state treasurer relating to the division of trust lands and investments shall become the assets and liabilities of the department of administration.

AB100,2072,12 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of the state treasurer relating to the division of trust lands and investments is transferred to the department of administration.

AB100,2072,18 (c) Contracts. All contracts entered into by the office of the state treasurer relating to the division of trust lands and investments, which are 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.

AB100,2073,2 (d) Employe transfers and status. On the effective date of this paragraph, all incumbent employes holding positions in the office of the state treasurer relating to the division of trust lands and investments, as determined by the secretary of administration, are transferred to the department of administration. Employes transferred under this paragraph have all rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes, as affected by this act, that they enjoyed in the office of the state treasurer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class may be required to serve a probationary period.

AB100,2073,8 (e) Pending matters. Any matter pending with the office of the state treasurer relating to the division of trust lands and investments on the effective date of this paragraph is transferred to the department of administration and all materials submitted to or actions taken by the office of the state treasurer with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB100,2073,16 (f) Rules and orders. All rules promulgated by the office of the state treasurer relating to the division of trust lands and investments 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 administration. All orders issued by the office of the state treasurer relating to the division of trust lands and investments 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 administration.

AB100, s. 9154 Section 9154. Nonstatutory provisions; veterans affairs.

AB100,2073,24 (1) Rules on personal loans. Using the procedure under section 227.24 of the statutes, the department of veterans affairs shall promulgate rules for the administration of the veterans personal loan program under section 45.356 of the statutes, as affected by this act. Notwithstanding section 227.24 (1) (a) and (2) (b) 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.

AB100, s. 9156 Section 9156. Nonstatutory provisions; other.

AB100,2074,1 (1) Recreation of higher educational aids board.

AB100,2074,6 (a) On the effective date of this paragraph, the assets and liabilities identified by 1995 Wisconsin Act 27, section 9127 (1) (c), and any other assets and liabilities of a successor agency of the higher educational aids board that are primarily related to higher educational aids, as determined by the secretary of administration, shall become the assets and liabilities of the higher educational aids board.

AB100,2074,11 (b) All incumbent employes transferred by 1995 Wisconsin Act 27, section 9127 (1) (d), and any other incumbent employes holding positions in a successor agency of the higher educational aids board performing duties primarily related to higher educational aids, are transferred on the effective date of this paragraph to the higher educational aids board.

AB100,2074,17 (c) 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, as affected by this act, in the higher educational aids board that they enjoyed 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.

AB100,2074,22 (d) On the effective date of this paragraph, all tangible personal property, including records, identified by 1995 Wisconsin Act 27, section 9127 (1) (f), and any other tangible personal property, including records, of a successor agency of the higher educational aids board that are primarily related to higher educational aids are transferred to the higher educational aids board.

AB100,2075,4 (e) All contracts identified by 1995 Wisconsin Act 27, section 9127 (1) (g), and any other contracts entered into by a successor agency of the higher educational aids board that are primarily related to higher educational aids, that are in effect on the effective date of this paragraph, remain in effect and are transferred to the higher educational aids board. The higher educational aids board shall carry out any such contractual obligations until modified or rescinded by the higher educational aids board to the extent allowed under the contract.

AB100,2075,14 (f) All rules identified by 1995 Wisconsin Act 27, section 9127 (1) (h), and any other rules of a successor agency of the higher educational aids board that are primarily related to higher educational aids, 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 higher educational aids board. All orders identified by 1995 Wisconsin Act 27, section 9127 (1) (h), and any other orders of a successor agency of the higher educational aids board that are primarily related to higher educational aids, 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 higher educational aids board.

AB100,2075,21 (g) Any matter identified by 1995 Wisconsin Act 27, section 9127 (1) (i), and any other matter of a successor agency of the higher educational aids board that is primarily related to higher educational aids, that is pending on the effective date of this paragraph, is transferred to the higher educational aids board and all materials submitted to or actions taken with respect to any pending matter identified in this paragraph are considered as having been submitted to or taken by the higher educational aids board.