AB100: Bill Text

AB100, s. 85 Section 85. 15.57 (1) of the statutes is amended to read:

AB100,141,25 15.57 (1) The secretary of administration, the secretary of education state superintendent of public instruction, the president of the university of Wisconsin system and the director of the technical college system board, or their designees.

AB100, s. 86 Section 86. 15.64 of the statutes is repealed.

AB100, s. 87 Section 87. 15.643 of the statutes is repealed.

AB100, s. 88 Section 88. 15.647 (title) of the statutes is repealed.

AB100, s. 89 Section 89. 15.647 (1) of the statutes is renumbered 15.107 (18) and amended to read:

AB100,142,10 15.107 (18) Council on charitable gaming. There is created in the gaming board department of administration a council on charitable gaming consisting of 5 residents of this state appointed for 5-year terms. Not more than 3 members of the council may belong to the same political party. Members of the council shall hold office until a successor is appointed and qualified.

AB100, s. 90 Section 90. 15.67 of the statutes is created to read:

AB100,143,4 15.67 Higher educational aids board; creation. There is created a higher educational aids board consisting of the state superintendent of public instruction and 18 members, appointed to serve at the pleasure of the governor. To represent public institutions of higher education, the governor shall appoint 3 members of the board of regents of the University of Wisconsin System, 2 members of the technical college system board, one student enrolled at least half-time and in good academic standing at an institution or center within the University of Wisconsin System who is at least 18 years old and a resident of this state and one student enrolled at least half-time and in good academic standing at a technical college who is at least 18 years old and a resident of this state. To represent private institutions of higher education, the governor shall appoint 5 members of boards of trustees of independent colleges and universities in this state and one student enrolled at least half-time and in good academic standing at a private institution of higher education located in this state who is at least 18 years old and a resident of this state. The governor shall appoint 5 members to represent the general public. If a student member loses the status upon which the appointment was based, he or she shall cease to be a member of the higher educational aids board upon appointment to the higher educational aids board of a qualified successor.

AB100, s. 91 Section 91. 15.675 of the statutes is created to read:

AB100,143,10 15.675 Same; attached board. (1) Educational approval board. There is created an educational approval board which is attached to the higher educational aids board under s. 15.03. The board shall consist of not more than 7 members, who shall be representatives of state agencies and other persons with a demonstrated interest in educational programs, appointed to serve at the pleasure of the governor.

AB100, s. 92 Section 92. 15.707 (1) of the statutes is amended to read:

AB100,143,20 15.707 (1) Historical markers council. There is created in the historical society a historical markers council. The council shall consist of the director of the historical society, the secretary of education state superintendent of public instruction, the secretary of transportation, the secretary of natural resources, the secretary of tourism, the secretary of veterans affairs, the chairperson of the historic preservation review board, the president of the Wisconsin trust for historic preservation and the president of the Wisconsin council for local history, or their designees. The director of the historical society or a designee shall serve as secretary of the council.

AB100, s. 93 Section 93. 15.735 (2) of the statutes is renumbered 15.195 (6) and amended to read:

AB100,144,2 15.195 (6) Board on health care information. There is created a board on health care information which is attached to the office of the commissioner of insurance department of health and family services under s. 15.03. The board shall consist of 9 members, a majority of whom may neither be nor represent health care providers, appointed for 4-year terms.

AB100, s. 94 Section 94. 15.737 of the statutes is repealed.

AB100, s. 95 Section 95. 16.007 (1) of the statutes is amended to read:

AB100,144,11 16.007 (1) (title) Purpose Presentment of claims. Any person who has a claim against the state may file the claim with the department. The claims board shall receive, investigate and make recommendations on all claims of $10 $100 or more presented against the state which are referred to the board by the department. No claim or bill relating to such a claim which is referred to the board by the department shall be considered by the legislature until a recommendation thereon has been made by the claims board.

AB100, s. 96 Section 96. 16.007 (6) (b) 4. of the statutes is amended to read:

AB100,144,13 16.007 (6) (b) 4. Payment of any claim of less than $10 $100.

AB100, s. 97 Section 97. 16.023 of the statutes is created to read:

AB100,144,16 16.023 Wisconsin land council. (1) The Wisconsin land council shall conduct the following functions:

AB100,144,17 (a) Identify state land use goals and recommend these goals to the governor.

AB100,144,19 (b) Identify state land use priorities to further the state's land use goals and recommend to the governor legislation to implement these priorities.

AB100,144,22 (c) Study areas of cooperation and coordination in the state's land use statutes and recommend to the governor legislation to harmonize these statutes to further the state's land use goals.

AB100,144,25 (d) Study areas of the state's land use statutes that conflict with each other and recommend to the governor legislation to resolve these conflicts to further the state's land use goals.

AB100,145,4 (e) Identify areas of the state's land use statutes that conflict with county or municipal land use ordinances, and areas of county or municipal land use ordinances that conflict with each other, and recommend to the governor legislation to resolve these conflicts.

AB100,145,10 (f) Establish a technical working group that is composed of the state cartographer, a representative of the University of Wisconsin System who has expertise in land use issues and any other land use experts designated by the council's chairperson, to study the development of a computer-based Wisconsin land information system and recommend to the governor legislation to implement such a computer system.

AB100,145,15 (g) Establish a state agency resource working group that is composed of representatives of the departments of administration, agriculture, trade and consumer protection, commerce, natural resources, revenue, transportation and other appropriate agencies to discuss, analyze and address land use issues and related policy issues, including the following:

AB100,145,16 1. Gathering information about the land use plans of state agencies.

AB100,145,18 2. Establishing procedures for the distribution of the information gathered under subd. 1. to other state agencies, local units of government and private persons.

AB100,145,20 3. The creation of a system to facilitate, and to provide training and technical assistance for the development of, local intergovernmental land use planning.

AB100,145,24 (h) Study the activities of local units of government in the land use area to determine how these activities impact on state land use goals, and recommend to the governor legislation that fosters coordination between local land use activities and state land use goals.

AB100,146,3 (i) Identify procedures for facilitating local land use planning efforts, including training and technical assistance for local units of government, and recommend to the governor legislation to implement such procedures.

AB100,146,6 (j) Gather and analyze information about the land use activities in this state of the federal government and American Indian governments and inform the governor of the impact of these activities on state land use goals.

AB100,146,10 (k) Study any other issues that are reasonably related to the state's land use goals, including methods for alternative dispute resolution for disputes involving land use issues, and recommend to the governor legislation in the areas studied by the council that would further the state's land use goals.

AB100,146,12 (L) Gather information about land use issues, at its discretion, in any reasonable way, including the following:

AB100,146,14 1. Establishing a state-local government-private sector working group to study and advise the council on land use issues.

AB100,146,15 2. Holding public hearings or information meetings on land use issues.

AB100,146,16 3. Conducting surveys on land use issues.

AB100,146,17 4. Consulting with any person who is interested in land use issues.

AB100,147,3 (2) In conjunction with the working group established under sub. (1) (L) 1., the council shall, not later than one year after the effective date of this subsection .... [revisor inserts date], develop evaluation criteria for its functions under sub. (1). The council shall complete a report that contains an evaluation of its functions and activities not later than September 1, 2002, and shall submit the report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), and to the governor. The report shall also include a recommendation as to whether the council should continue in existence past its sunset date specified in s. 15.107 (16) (e) and, if so, a recommendation as to whether any structural modifications should be made to the council's functions or to the state's land use programs.

AB100, s. 98 Section 98. 16.03 (3) of the statutes is amended to read:

AB100,147,8 16.03 (3) Report. The interagency coordinating council shall report at least twice annually to the board on health care information in the office of the commissioner of insurance department of health and family services, concerning the council's activities under this section.

AB100, s. 99 Section 99. 16.045 (5) of the statutes is amended to read:

AB100,147,15 16.045 (5) The department shall encourage distribution of gasohol and alternative fuels and usage of gasohol and alternative fuels by officers and employes who use personal motor vehicles on state business and by residents of this state generally. The department shall report to the appropriate standing committees under s. 13.172 (3) concerning distribution and usage of gasohol and alternative fuels in this state, no later than January 1 and July 1 April 30 of each year.

AB100, s. 100 Section 100. 16.08 of the statutes is created to read:

AB100,147,17 16.08 Environmental science council. (1) In this section:

AB100,147,21 (a) "Agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts.

AB100,147,22 (b) "Authority" means an authority created under ch. 231, 232, 233, 234 or 235.

AB100,147,24 (2) At the request of the governor or the secretary of a state department, the environmental science council shall do any of the following:

AB100,148,2 (a) Advise on issues affecting the protection and management of the environment and natural resources in this state.

AB100,148,4 (b) Evaluate proposed rules that establish environmental or natural resources standards or other criteria.

AB100,148,6 (c) Review the scientific and technical adequacy of environmental programs, guidelines, methodologies, protocols and tests.

AB100,148,8 (d) Recommend any scientific standard or other criteria for protection of human health and the environment that the council determines is appropriate.

AB100,148,11 (e) Review new information needs, the adequacy of data collection and analysis and the quality of agency and authority environmental plans or programs of research, development and demonstration.

AB100,148,12 (f) Assess the importance of natural and anthropogenic sources of pollution.

AB100,148,14 (g) Perform any other advisory function relating to the protection and management of the environment and natural resources requested by the governor.

AB100,148,16 (3) On its own initiative or at the request of any agency or authority, the council may perform any function under sub. (2).

AB100,148,20 (4) In performing its functions under sub. (2), the council shall be strictly nonpartisan, shall consult and work closely with agencies and authorities, shall use sound, objective and scientific reasoning, shall assess the relative risk to human health and the environment and shall consider economic consequences.

AB100,149,2 (5) The council may create any committee necessary to carry out the council's functions under sub. (2). If the council creates a committee under this subsection, the council shall appoint persons to the committee who have the scientific and technical expertise to carry out the purpose of the committee. The council may appoint council members and other persons to a committee, but the council shall appoint one council member to serve as chairperson of each committee created under this subsection.

AB100,149,4 (6) All agencies and authorities shall fully cooperate with and assist the council and any committee created by the council under sub. (5).

AB100, s. 101 Section 101. 16.24 (1) (b) of the statutes is amended to read:

AB100,149,9 16.24 (1) (b) "Institution of higher education" means a public or private institution of higher education that is accredited by an accrediting association recognized by the department, and a proprietary school approved by the department of education educational approval board under s. 38.51 39.51.

AB100, s. 102 Section 102. 16.24 (10m) of the statutes is amended to read:

AB100,149,15 16.24 (10m) Repayment to general fund. The secretary shall transfer from the tuition trust fund to the general fund an amount equal to the amount encumbered from the appropriation under s. 20.505 (9) (a) in the 1996-97 fiscal year when the secretary determines that funds in the tuition trust fund are sufficient to make the transfer. The secretary may make the transfer in instalments.

AB100, s. 103 Section 103. 16.405 (1) of the statutes is amended to read:

AB100,149,21 16.405 (1) At any time the department determines that a deficiency will occur in the funds of the state which will not permit the state to meet its operating obligations in a timely manner, it may prepare a request for the issuance of operating notes under subch. III of ch. 18 and, subject to sub. subs. (2) and (3), may submit the request to the building commission.

AB100, s. 104 Section 104. 16.405 (2) of the statutes is amended to read:

AB100,149,25 16.405 (2) The department may not submit a request to the building commission under sub. (1) unless the request is signed by the secretary and the governor, and approved by the joint committee on finance.

AB100, s. 105 Section 105. 16.405 (3) of the statutes is created to read:

AB100,150,12 16.405 (3) If the department proposes to submit a request to the building commission under sub. (1), the secretary shall notify the joint committee on finance in writing of the proposed action. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed submission within 14 working days after the date of the secretary's notification, the department may submit the request to the building commission as proposed. If, within 14 working days after the date of the secretary's notification, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed submission, the department may submit the request to the building commission only upon approval of the committee.

AB100, s. 106 Section 106. 16.50 (3) of the statutes is amended to read:

AB100,151,21 16.50 (3) Limitation on increase of force and salaries. No department, except the legislature or the courts, may increase the pay of any employe, expend money or incur any obligation except in accordance with the estimate that is submitted to the secretary as provided in sub. (1) and approved by the secretary or the governor. No change in the number of full-time equivalent positions authorized through the biennial budget process or other legislative act may be made without the approval of the joint committee on finance, except for position changes made by the governor under s. 16.505 (1) (c) or (2), by the University of Wisconsin Hospitals and Clinics Board under s. 16.505 (2n) or by the board of regents of the University of Wisconsin System under s. 16.505 (2m). The secretary may withhold, in total or in part, the funding for any position, as defined in s. 230.03 (11), as well as the funding for part-time or limited term employes until such time as the secretary determines that the filling of the position or the expending of funds is consistent with s. 16.505 and with the intent of the legislature as established by law or in budget determinations, or the intent of the joint committee on finance creating or abolishing positions under s. 13.10, the intent of the governor creating or abolishing positions under s. 16.505 (1) (c) or (2) or the intent of the board of regents of the University of Wisconsin System in creating or abolishing positions under s. 16.505 (2m). Until the release of funding occurs, recruitment or certification for the position may not be undertaken. The secretary shall submit a quarterly report to the joint committee on finance of any position changes made by the governor under s. 16.505 (1) (c). No pay increase may be approved unless it is at the rate or within the pay ranges prescribed in the compensation plan or as provided in a collective bargaining agreement under subch. V of ch. 111. At the request of the secretary of employment relations, the secretary of administration may authorize the temporary creation of pool or surplus positions under any source of funds if the secretary of employment relations determines that temporary positions are necessary a) to maintain adequate staffing levels for high turnover classifications, in anticipation of attrition, to fill positions for which recruitment is difficult; or b) to provide temporary staffing to a sending agency, as defined in s. 230.047 (2) (c), for the purpose of sending the positions to a receiving agency, as defined in s. 230.047 (2) (b). Surplus or pool positions authorized by the secretary shall be reported quarterly to the joint committee on finance in conjunction with the report required under s. 16.54 (8).

AB100, s. 107 Section 107. 16.505 (2m) of the statutes is amended to read:

AB100,152,5 16.505 (2m) The board of regents of the university of Wisconsin system may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (h), (ip), (iz), (j), (m) or (n) or (3) (iz) or (n). No later than the last day of the month following completion of each calendar quarter, the board of regents shall report to the department and the cochairpersons of the joint committee on finance concerning the number of full-time equivalent positions created or abolished by the board under this subsection during the preceding calendar quarter and the source of funding for each such position.

AB100, s. 108 Section 108. 16.52 (10) (title) of the statutes is amended to read:

AB100,152,7 16.52 (10) (title) Department of education public instruction.

AB100, s. 109 Section 109. 16.54 (2) (a) 2. of the statutes is amended to read:

AB100,153,2 16.54 (2) (a) 2. Whenever a block grant is made to this state under any federal law enacted after August 31, 1995,which authorizes the distribution of block grants for the purposes for which the grant is made, and the secretary of administration determines that the block grant is not reflected in the estimates of federal revenues contained in the biennial budget act for the fiscal year in which the moneys received as part of the grant will be encumbered or expended, the governor shall not administer and no board, commission or department may encumber or expend moneys received as a part of the grant unless the governor first notifies the cochairpersons of the joint committee on finance, in writing, that the grant has been made. The notice shall contain a description of the purposes proposed by the governor for expenditure of the moneys received as a part of the grant. If the cochairpersons of the committee do not notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed expenditure of grant moneys within 14 working days after the date of the governor's notification, the moneys may be expended as proposed by the governor. If, within 14 working days after the date of the governor's notification, the cochairpersons of the committee notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed expenditure of grant moneys, no moneys received as a part of the grant may be expended without the approval of the committee.

AB100, s. 110 Section 110. 16.61 (3) (u) of the statutes is repealed.

AB100, s. 111 Section 111. 16.61 (5) of the statutes is amended to read:

AB100,153,9 16.61 (5) Transfer of public records to optical disk or electronic format. (a) Subject to rules promulgated procedures and standards prescribed by the department under s. 16.611, any state agency may transfer to or maintain in optical disk or electronic format any public record in its custody and retain the public record in that format only.

AB100,153,13 (b) Subject to rules promulgated procedures and standards prescribed by the department under s. 16.611, state agencies shall maintain procedures to ensure the authenticity, accuracy, reliability and accessibility of public records transferred to or maintained in optical disk or electronic format under par. (a).

AB100,153,17 (c) Subject to rules promulgated procedures and standards prescribed by the department under s. 16.611, state agencies that transfer to or maintain in optical disk or electronic format public records in their custody shall ensure that the public records stored in that format are protected from unauthorized destruction.

AB100, s. 112 Section 112. 16.61 (7) (a) 2. of the statutes is amended to read:

AB100,153,23 16.61 (7) (a) 2. The reproduction is on film which complies with the minimum standards of quality for microfilm reproductions, as established by rule of the board, or the optical disk or electronic copy and the copy generated from optical disk or electronic format comply with the minimum standards of quality for such copies, as established by rule of the department under s. 16.611.

AB100, s. 113 Section 113. 16.611 (2) of the statutes is amended to read:

AB100,154,8 16.611 (2) (a) The department shall prescribe , by rule, procedures and standards for the transfer of public records and records of the University of Wisconsin Hospitals and Clinics Authority to optical disk or electronic format and for the maintenance of such records stored in optical disk or electronic format, including procedures to ensure the authenticity, accuracy, reliability and accessibility of any public records or records of the University of Wisconsin Hospitals and Clinics Authority so transferred and procedures to ensure that such records are protected from unauthorized destruction.