Wisconsin Legislature: 9,9110

(3yu) Rule making for petroleum storage remedial action program.

(a) The department of commerce and the department of natural resources shall submit in proposed form the rules required under section 101.143 (2) (h), (i) and (j) and (2e) of the statutes, as created by this act, to the legislature under section 227.19 of the statutes no later than June 1, 2000.

(b) Using the procedure under section 227.24 of the statutes, the department of commerce and the department of natural resources shall promulgate the rules required under section 101.143 (2) (h), (i) and (j) and (2e) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect until September 1, 2000, or the date on which rules under paragraph (a) take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the departments are not required to provide evidence that promulgating rules under this paragraph is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency for rules promulgated under this paragraph. The departments shall promulgate rules under this paragraph no later than the 30th day after the effective date of this paragraph.

(c) Using the procedure under section 227.24 of the statutes, the department of commerce shall promulgate rules to implement section 101.143 (4) (cm) 1. of the statutes, as affected by this act, for the period before the effective date of permanent rules, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the department is not required to provide evidence that promulgating rules under this paragraph is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency for rules promulgated under this paragraph. The department shall promulgate rules under this paragraph no later than November 1, 1999.

(d) The department of commerce shall submit in proposed form any rules under section 101.143 (2) (h) of the statutes, as created by this act, to the legislature under section 227.19 of the statutes no later than June 1, 2000.

(e) If the conditions under section 101.144 (3g) (a) of the statutes, as created by this act, apply on December 1, 1999, using the procedure under section 227.24 of the statutes, the department of commerce shall promulgate the rules required under section 101.144 (3g) (a) of the statutes, as created by this act, for the period before the effective date of permanent rules, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the department is not required to provide a finding of emergency for rules promulgated under this paragraph. The department shall promulgate rules under this paragraph no later than December 31, 1999.

(3yv) Transfer of sites. The department of natural resources and the department of commerce shall identify sites the classification of which is changed because of the changes made by this act in section 101.144 of the statutes and shall transfer authority over those sites no later than December 1, 1999.

(3yw) Report concerning interest costs. No later than March 1, 2000, the department of commerce shall submit a report to the joint committee on finance and the joint committee for review of administrative rules containing recommendations for actions that the department could take to reduce interest costs incurred by claimants under the program under section 101.143 of the statutes, including a review of schedules for making progress payments to claimants.

(3yx) Evaluation of usual and customary cost schedule. The department of commerce shall evaluate the operation of section 101.143 (4) (cm) 1. of the statutes, as affected by this act, and shall report the results of the evaluation to the joint legislative audit committee, to the joint committee on finance and to the appropriate standing committees of the legislature, in the manner provided in section 13.172 (3) of the statutes, no later than the first day of the 14th month beginning after the effective date of this subsection.

(4) Loan for pedestrian bridge project.

(a) The department of commerce may make a loan of not more than $600,000 from the appropriations under section 20.143 (1) (c) and (ie) of the statutes, as affected by this act, to a person for a project that includes a pedestrian bridge, if all of the following apply:

1. The person submits a plan to the department of commerce detailing the proposed use of the loan and the secretary of commerce approves the plan.

2. The person enters into a written agreement with the department of commerce that specifies the loan terms and the conditions for use of the loan proceeds, including reporting and auditing requirements.

3. The person agrees in writing to submit to the department of commerce, within 6 months after spending the full amount of the loan, a report detailing how the loan proceeds were used.

(b) The department of commerce shall deposit in the appropriation account under section 20.143 (1) (ie) of the statutes, as affected by this act, any moneys received in repayment of the loan.

(5) Grant for manufacturing technology training center.

(a) In this subsection:

1. "Consortium" means an association of business, governmental and educational entities.

2. "Department" means the department of commerce.

3. "Secretary" means the secretary of commerce.

(b) Subject to paragraph (d), the department may make a grant of not more than $1,500,000 from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, to a consortium for a manufacturing technology training center if all of the following apply:

1. The consortium is located in the Racine-Kenosha area.

2. The consortium submits a plan to the department detailing the proposed use of the grant and the secretary approves the plan.

3. The consortium enters into a written agreement with the department that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.

3m. The consortium agrees in writing to use 60% of the grant proceeds in Racine County and 40% of the grant proceeds in Kenosha County.

4. The consortium agrees in writing to submit to the department the report required under paragraph (c ) by the time required under paragraph (c ).

(c) If a consortium receives a grant under this subsection, it shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

(d) 1. The department may not pay grant proceeds under this subsection after June 30, 2001.

2. The department may not disburse more than $750,000 in grant proceeds under this subsection in either fiscal year 1999-2000 or fiscal year 2000-01.

(6c) Grant related to well replacement. From the appropriation under section 20.143 (1) (kj) of the statutes, as affected by this act, the department of commerce shall make a grant of $299,800 in fiscal year 1999-2000 to a city that was required to replace its city well because of federal highway construction.

(6e) Grant for pedestrian enhancements. In fiscal year 1999-2000, the department of commerce may make a grant, not exceeding $100,000, from the appropriation under section 20.143 (1) (fg) of the statutes, as affected by this act, to the city of Menasha for pedestrian enhancements to its city square if the city of Menasha contributes funds for the project that at least equal the amount of the grant.

(7b) Community development block grant for water well.

(a) The department of commerce shall make a grant of $299,000 in fiscal year 1999-2000, from the appropriation under section 20.143 (1) (n) of the statutes, to the town of Rib Mountain for drilling a new water well.

(b) Within 6 months after spending the full amount of the grant, the town of Rib Mountain shall submit to the department of commerce a report detailing how the grant proceeds were spent.

(7bt) Loan to City Brewery.

(a) Notwithstanding section 560.61 (intro.) of the statutes and section 560.66 (1) (intro.) of the statutes, as affected by this act, regardless of whether the development finance board so requests, the department of commerce shall make a loan of $1,500,000 under section 560.66 of the statutes from the appropriations under section 20.143 (1) (c) and (ie) of the statutes, as affected by this act, to City Brewery in the city of LaCrosse if all of the following apply:

1. The proposed recipient submits a plan to the department of commerce detailing the proposed use of the loan and the secretary of commerce approves the plan.

2. The proposed recipient enters into a written agreement with the department of commerce that specifies the loan terms and the conditions for use of the loan proceeds, including reporting and auditing requirements.

3. The proposed recipient agrees in writing to submit to the department of commerce, within 6 months after spending the full amount of the loan, a report detailing how the loan proceeds were used.

(b) The department of commerce shall deposit in the appropriation account under section 20.143 (1) (ie) of the statutes, as affected by this act, any moneys received in repayment of the loan.

(7h) Grant for Swiss cultural center.

(a) Subject to paragraph (b), from the appropriation under section 20.143 (1) (km) of the statutes, as created by this act, the department of commerce shall make a grant in fiscal biennium 1999-2001 to an organization known as the Swiss Cultural Center for construction of a Swiss cultural center in the village of New Glarus.

(b) The amount of the grant under paragraph (a) may not exceed $1,000,000. For every dollar received from the state for the project under paragraph (a), the organization shall provide $2 in matching funds for the project from a source other than the state.

(c) Within 6 months after spending the full amount of the grant under paragraph (a), the organization shall submit to the department of commerce a report detailing how the grant proceeds were used.

(7n) Administration of mobile homes.

(a) The authorized FTE positions for the department of commerce are decreased by 1.6 PR positions funded from the appropriation under section 20.143 (3) (j) of the statutes, as affected by this act, for the purpose of administering subchapter V of chapter 101 of the statutes, as affected by this act.

(b) The authorized FTE positions for the department of commerce are increased by 1.6 SEG positions, to be funded from the appropriation under section 20.143 (3) (sa) of the statutes, as created by this act, for the purpose of administering subchapter V of chapter 101 of the statutes, as affected by this act.

(7rm) Grant for sludge study and marketing.

(a) In this subsection, "board" means the recycling market development board.

(b) Subject to paragraph (e), the board shall award a grant of $133,000 to the West Central Wisconsin Biosolids Facility Commission if all of the following apply:

1. The commission submits a plan to the board detailing the proposed use of the grant and the board approves the plan.

2. The commission enters into a written agreement with the board that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.

3. The commission agrees in writing to submit to the board the report required under paragraph (d) 2. by the time required under paragraph (d) 2.

(c) If the board awards a grant under this subsection, the department of commerce shall pay the grant proceeds from the appropriation under section 20.143 (1) (tm) of the statutes, as affected by this act.

(d) If the commission receives a grant under this subsection, the commission shall do all of the following:

1. Use the grant proceeds to determine the feasibility of creating sludge-based products and of marketing those products and to develop markets for the biosolid materials being produced from waste products by the commission.

2. Within 6 months after spending the full amount of the grant, submit to the board a report detailing how the grant proceeds were used.

(e) The board may not award and the department may not pay grant proceeds under this subsection after June 30, 2001.

(7v) Grants to CAP Services, Inc. From the appropriation under section 20.143 (1) (fg) of the statutes, as affected by this act, the department of commerce shall make a grant of $25,000 in each of fiscal years 1999-2000 and 2000-01 to CAP Services, Inc., for providing technical assistance and management services to small businesses. Within 6 months after spending the full amount of each grant under this subsection, CAP Services, Inc., shall submit a report to the department of commerce detailing how the grant proceeds were used. Any grant awarded to CAP Services, Inc., under section 560.14 of the statutes, as affected by this act, in fiscal year 1999-2000 or 2000-01 for providing technical assistance and management services to small businesses may be counted toward satisfying the requirement under this subsection.

(8e) Community development block grant for domestic violence shelter. The department of commerce shall make a grant of $250,000 in fiscal year 1999-2000, from the appropriation under section 20.143 (1) (n) of the statutes, to a county in which a domestic violence shelter is being constructed by the Young Women's Christian Association in a city that is located in the county and that has a population greater than 52,000 but less than 60,000. The county must use the grant proceeds to provide financial assistance to the Young Women's Christian Association for the construction of the domestic violence shelter. Within 6 months after spending the full amount of the grant, the county shall submit to the department of commerce a report detailing how the grant proceeds were spent.

(8gm) Grant for brownfields cleanup and park.

(a) In this subsection:

1. "Brownfields" has the meaning given in section 560.13 (1) (a) of the statutes.

2. "Department" means the department of commerce.

3. "Secretary" means the secretary of commerce.

(b) Notwithstanding section 560.13 of the statutes, as affected by this act, from the appropriation under section 20.143 (1) (qm) of the statutes, as affected by this act, the department shall make a grant of $100,000 to a person for the cleanup of a brownfields site in the city of Kenosha and for development of the cleaned-up site as a park if all of the following apply:

1. The person submits a plan to the department detailing the proposed use of the grant and the secretary approves the plan.

2. The person enters into a written agreement with the department that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.

3. The person agrees in writing to submit to the department the report required under paragraph (c) by the time required under paragraph (c).

(c) If a person receives a grant under this subsection, the person shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

(d) The department may not pay grant proceeds under this subsection after June 30, 2001.

(8h) Recycling market development staff.

(a) The authorized FTE positions for the department of commerce, funded from the appropriation under section 20.143 (1) (st) of the statutes, are decreased by 4.0 SEG project positions for staff for the recycling market development board.

(b) The authorized FTE positions for the department of commerce, funded from the appropriation under section 20.143 (1) (st) of the statutes, are increased by 2.0 SEG positions for a loan portfolio manager to manage past and future financial assistance awarded by the recycling market development board and for a commodity specialist to develop and direct strategy for recycling market development.

9,9111 Section 9111. Nonstatutory provisions; corrections.

(2d) Profitability requirement.

(a) In this subsection:

1. "Prison contract" has the meaning given in section 303.01 (11) (a) 2. of the statutes.

2. "Profitable" means earning a profit, as determined by the report described in paragraph (b), during at least three quarters of calendar year 2000.

(b) The department of corrections and the department of administration shall submit a report to the joint committee on finance for each quarter of calendar year 2000 providing the department of corrections' cash balance summary under each prison contract. Each report shall be prepared within 30 days after the end of the quarter. The report for the 4th quarter shall state whether the department's operations under at least two-thirds of its prison contracts were profitable during calendar year 2000. If less than two-thirds of its prison contracts were profitable, the department of corrections shall terminate its program for contracting with private employers under section 303.01 (2) (em) of the statutes, as affected by this act.

(c) If the report under paragraph (b) states that less than two-thirds of prison contracts were profitable during calendar year 2000, the cochairpersons of the joint committee on finance shall certify that fact to the revisor of statutes no later than March 1, 2001. Upon the certification, the revisor of statutes shall publish notice in the Wisconsin Administrative Register of the report and that, as of March 1, 2001, the treatment of sections 20.410 (1) (gi), (hm) and (km), 20.455 (5) (i), 108.07 (8) (b), 303.01 (8) (b), (c), (d) and (e), 303.06 (3) and 303.21 (1) (b) of the statutes and the repeal of section 303.01 (2) (em) and (11) of the statutes have taken effect.

(4xx) Caregiver criminal background checks. The department of corrections, in conjunction with the University of Wisconsin-Madison, shall prepare a report on the correlation between prior convictions and the propensity to commit future acts of abuse, neglect or misappropriation. The department of corrections shall submit the report to the legislature in the manner provided under section 13.172 (3) of the statutes no later than June 30, 2001.

(6e) Computer recycling program. The authorized FTE positions for the department of corrections are increased by 4.0 SEG project positions for the period ending on June 30, 2001, to be funded from the appropriation under section 20.410 (1) (qm) of the statutes, as created by this act, for the purpose of the department's computer recycling program.

9,9113 Section 9113. Nonstatutory provisions; educational communications board.

(1mm) Restructuring public broadcasting and funding digital television transition committee. There is created a restructuring public broadcasting and funding digital television transition committee, which shall consist of 6 members appointed by the governor, one member appointed by the senate majority leader and one member appointed by the speaker of the assembly. Of the members appointed by the governor, one member shall be appointed from a list of nominees submitted by the Friends of WHA-TV, one member shall be appointed from a list of nominees submitted by the president of the University of Wisconsin System or his or her designee, one member shall be appointed from a list of nominees submitted by the educational communications board, one member shall be appointed from a list of nominees submitted by the state superintendent of public instruction or his or her designee and one member shall be appointed from a list of nominees submitted by the director of the technical college system or his or her designee. The governor shall designate one of the members of the committee as the chairperson. The committee shall recommend legislation for restructuring the organization of public broadcasting in this state and funding the transition to digital television for public broadcasting in this state. On or before January 15, 2000, the committee shall submit the proposed legislation to the governor, and to the legislature for distribution to the appropriate standing committees in the manner provided under section 13.172 (3) of the statutes. The committee shall cease to exist when the committee has submitted the proposed legislation required under this subsection , or on January 15, 2000, whichever occurs sooner.

9,9115 Section 9115. Nonstatutory provisions; employe trust funds.

(1g) Private employer health care coverage board. Notwithstanding the length of terms specified for the members of the private employer health care coverage board under section 15.165 (5) of the statutes, as created by this act, the initial members shall be appointed for the following terms: