Wisconsin Legislature: 9,9158

3. Supervision of guardians ad litem.

4. Training of guardians ad litem.

5. Compensation of guardians ad litem.

(b) If a committee is established, the committee shall prepare a report with its recommendations and shall petition the supreme court to consider rules for the reform of the guardian ad litem system on the basis of the recommendations.

(7mx) Wage claim liens. Notwithstanding section 109.09 (2) (c), 1997 stats., a lien that exists under section 109.09 (2) (a), 1997 stats., on the day before the effective date of this subsection takes precedence over all other debts, judgments, decrees, liens or mortgages against an employer that originated before that lien took effect, except a lien of a financial institution, as defined in section 69.30 (1) (b) of the statutes, or a lien under section 292.31 (8) (i) or 292.81 of the statutes.

9,9158 Section 9158. Nonstatutory provisions; other.

(1d) Consolidation of state vehicle fleet operations.

(a) In this subsection:

1. "Department" means the department of administration.

2. "Secretary" means the secretary of administration.

(b) The department shall submit to the cochairpersons of the joint committee on finance for consideration at the 4th quarterly meeting of the committee under section 13.10 of the statutes to be held in 1999 an implementation plan for consolidating the vehicle fleet management functions of the department of natural resources with the corresponding functions of the department.

(c) The plan submitted under paragraph (b) may include provision for any of the following on the effective date specified in the plan:

1. Transfer of the assets and liabilities of the department of natural resources relating to its vehicle fleet management functions to the department.

2. Transfer of the tangible personal property, including records, of the department of natural resources relating to its vehicle fleet management functions to the department.

3. Transfer to the department of any authorized full-time equivalent position of the department of natural resources relating to its vehicle fleet management functions. The plan shall include identification of the numbers, revenue sources and types of any positions to be transferred from the department of natural resources to the department under the plan.

4. Transfer to the department of any incumbent employes holding positions in the department of natural resources relating to its vehicle fleet management functions. Employes transferred under the plan have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department that they enjoyed in the department of natural resources 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.

5. Transfer to the department of the contracts entered into by the department of natural resources relating to its vehicle fleet management functions which are in effect on the effective date of this subdivision. If the transfer occurs, the department shall carry out any obligations under such a contract until modified or rescinded by the department to the extent allowed under the contract.

6. Transfer to the department of any rules promulgated or orders issued by the department of natural resources relating to its vehicle fleet management functions which are in effect on the effective date of the plan. If the transfer occurs, any such rules shall remain in effect until their specified expiration dates or until amended or repealed by the department, and any such orders shall remain in effect until their specified expiration dates or until modified or rescinded by the department.

7. Transfer to the department of any matter pending with the department of natural resources relating to its vehicle fleet management functions. If the transfer occurs, all materials submitted to or actions taken by the department of natural resources with respect to the pending matter are considered as having been submitted to or taken by the department.

(d) The department shall submit to the cochairpersons of the joint committee on finance for consideration at the 3rd quarterly meeting of the committee under section 13.10 of the statutes in the year 2000 an implementation plan for consolidating the vehicle fleet management functions of the department of transportation and the University of Wisconsin-Madison with the corresponding functions of the department.

(e) The plan submitted under paragraph (d) may include provision for any of the following on the effective date specified in the plan:

1. Transfer of the assets and liabilities of the department of transportation and the University of Wisconsin-Madison relating to their vehicle fleet management functions to the department.

2. Transfer of the tangible personal property, including records, of the department of transportation and the University of Wisconsin-Madison to the department.

3. Transfer to the department of any authorized full-time equivalent position of the department of transportation or the board of regents of the University of Wisconsin System relating to vehicle fleet management functions of the department of transportation or the University of Wisconsin-Madison. The plan shall include identification of the numbers, revenue sources and types of any positions to be transferred from the department of transportation or the board of regents of the University of Wisconsin System under the plan.

4. Transfer to the department of any incumbent employes holding positions at the department of transportation or the University of Wisconsin-Madison relating to vehicle fleet management functions. Employes transferred under the plan have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes that they enjoyed at the department of transportation or the University of Wisconsin-Madison immediately before the transfer. Notwithstanding section 230.08 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

5. Transfer to the department of the contracts entered into by the department of transportation and the board of regents of the University of Wisconsin System relating to the vehicle fleet management functions of the department of transportation and the University of Wisconsin-Madison which are in effect on the effective date of this subdivision. If the transfer occurs, the department shall carry out any obligations under such a contract until modified or rescinded by the department to the extent allowed under the contract.

6. Transfer to the department of any rules promulgated or orders issued by the department of transportation or the board of regents of the University of Wisconsin System relating to the vehicle fleet management functions of the department of transportation or the University of Wisconsin-Madison which are in effect on the effective date of the plan. If the transfer occurs, any such rules shall remain in effect until their specified expiration dates or until amended or repealed by the department, and any such orders shall remain in effect until their specified expiration dates or until modified or rescinded by the department.

7. Transfer to the department of any matter pending with the department of transportation or the board of regents of the University of Wisconsin System relating to the vehicle fleet management functions of the department of transportation or the University of Wisconsin-Madison. If the transfer occurs, all materials submitted to or actions taken by the department of transportation or the board of regents of the University of Wisconsin System with respect to the pending matter are considered as having been submitted to or taken by the department.

(f) The joint committee on finance may approve or modify and approve the plans submitted under paragraphs (b) and (d). If the committee approves a plan, with or without modifications, the department may implement the plan on the effective date of the plan as specified in the plan. If the committee does not approve either plan, the department shall not implement that plan.

(g) Notwithstanding section 16.42 of the statues, the departments of natural resources and transportation and the board of regents of the University of Wisconsin System shall submit information under section 16.42 of the statutes for purposes of the 2001-2003 biennial budget bill reflecting any savings incurred from consolidation of vehicle fleet management functions as the result of implementation of a plan under this subsection.

(h) The departments of natural resources and transportation and the board of regents of the University of Wisconsin System shall fully cooperate with the department in implementing any plan approved under paragraph (f).

(2m) Educational approval board.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the higher educational aids board primarily related to the functions of the educational approval board, as determined by the secretary of administration, shall become the assets and liabilities of the department of veterans affairs.

(b) Employe transfers. All incumbent employes holding positions in the higher educational aids board performing duties primarily related to the functions of the educational approval board, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of veterans affairs.

(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 in the department of veterans affairs that they enjoyed in the higher educational aids board 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.

(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the higher educational aids board that is primarily related to the functions of the educational approval board, as determined by the secretary of administration, is transferred to the department of veterans affairs.

(e) Contracts. On the effective date of this paragraph, all contracts entered into by the higher educational aids board that are in effect on the effective date of this paragraph and that are primarily related to the functions of the educational approval board, as determined by the secretary of administration, remain in effect and are transferred to the department of veterans affairs. The department of veterans affairs shall carry out any such contractual obligations until modified or rescinded by the department of veterans affairs to the extent allowed under the contract.

(7g) Village of Ashwaubenon tax incremental district number two. Notwithstanding section 66.46 (4) (h) 1. and 2. of the statutes, expenditures for project costs for tax incremental district number two in the village of Ashwaubenon may be made for not more than 5 years after the date on which the village board adopted a resolution amending the project plan in a way that modified the district's boundaries by adding territory to the district. Expenditures for tax incremental district number two in the village of Ashwaubenon may be made through July 30, 2001.

(7tw) Special transfer aid report.

(a) By May 1, 2000, the board of school directors of the school district operating under chapter 119 of the statutes shall submit a report to the joint committee on finance, the senate and assembly education committees and the Milwaukee school construction board. The report shall include all of the following:

1. A strategy for achieving the percentages specified under section 121.85 (6) (am) of the statutes, as created by this act.

2. A facility plan specifying the neighborhood schools that are needed, the location of specialty schools and the estimated cost of the facility plan.

3. Other means by which the pupil capacity of neighborhood schools will be expanded, which could include remodeling and use of nontraditional facilities.

4. Specific plans for establishing neighborhood schools and replicating or relocating specialty schools in order to increase the number of pupils attending neighborhood schools.

5. A description of the alternative settings, which are in compliance, as defined in section 115.33 (1) (a) of the statutes, that will be used for educating pupils.

6. A plan for complying with section 121.85 (2) to (5) of the statutes.

(am) Before submitting the report under paragraph (a), the board of school directors shall hold all of the following kinds of hearings on the report:

1. A general listening session.

2. A hearing at which goals and objectives are discussed.

3. A hearing to finalize the board's goals and objectives.

4. A hearing at which the board solicits ideas on a plan to implement the goals and objectives.

5. A hearing at which the board presents an initial draft of a plan for implementing the goals and objectives.

6. A hearing at which the board presents a final draft of a plan for implementing the goals and objectives.

7. A hearing at which the board presents the plan.

(ar) The Milwaukee school construction board shall review the report under paragraph (a) and may modify the report. The Milwaukee school construction board shall approve the report, any modifications to the report, and shall submit the report, including a recommendation of the amount of bonding necessary for school construction to the joint committee on finance and the senate and assembly education committees by June 1, 2000.

(b) The joint committee on finance shall review the report under paragraph (ar) and may modify the report. The committee shall approve the report, and any modifications to the report, by September 1, 2000.

(bm) If a member of the senate or assembly education committees requests a hearing within 30 days after submission of the report under paragraph (a), the member's committee shall hold a hearing on the report within 2 weeks after the request.

(c) Notwithstanding section 121.85 (6) (ar) of the statutes, as created by this act, the department of public instruction may not distribute any aid under section 121.85 (6) (ar) of the statutes, as created by this act, to the board of school directors of the school district operating under chapter 119 of the statutes in the 2000-01 fiscal year until the report is approved by the joint committee on finance under paragraph (b).

(7x) Trust lands in tax incremental district; governor's concurrence.

(a) Except as provided in paragraph (b), the governor may not concur with the determination of the U.S. secretary of the interior, as described in 25 USC 2719 (b) (1) (A), that a gaming establishment on land acquired by the secretary in trust for an Indian tribe after October 17, 1988, would not be detrimental to the surrounding area if the land on which the gaming establishment is located, or is proposed to be located, is in a tax incremental district.

(b) The prohibition on concurrence under paragraph (a) does not apply if the governor determines that appropriate arrangements have been made to ensure that the life of the tax incremental district described in paragraph (a) will not be extended for a greater number of years than the district would have existed if the land on which the gaming establishment is located, or is proposed to be located, were not part of the tax incremental district.

(8c) Report on environmental law enforcement training. The department of justice and the department of natural resources shall jointly review educational materials and training objectives prepared by the Midwest Environmental Enforcement Association. The review shall be conducted in consultation with instructors and other staff from law enforcement training academies. The department of justice and the department of natural resources shall jointly prepare a written report of their review and shall submit the report to the cochairpersons of the joint committee on finance for consideration at the 2nd quarterly meeting of the committee under section 13.10 of the statutes in the year 2000. The report shall include recommendations concerning all of the following:

(a) Using the Roll Call Law format of the department of justice to produce an environmental law enforcement training video for distribution to law enforcement agencies and law enforcement training academies.

(b) Developing an environmental law enforcement training seminar for presentation at regional training events.

(d) Using techniques of distance education, as defined in section 24.60 (1g) of the statutes, to provide environmental law enforcement training.

(e) Funding any environmental law enforcement training proposals under paragraphs (a) to (d) using law enforcement training funds from the department of justice and fish and wildlife funds and environmental funds from the department of natural resources.

(8w) Dane County regional planning commission.

(a) Notwithstanding the composition of the membership of the Dane County regional planning commission that is determined under section 66.945 (3) (b) of the statutes and the terms for such regional planning commission members that are determined under section 66.945 (3) (c) of the statutes, no commissioner of the Dane County regional planning commission who holds office on the 30th day after the effective date of this paragraph may remain in his or her office beyond that date unless he or she is reappointed under paragraph (b).

(b) Beginning on the 31st day after the effective date of this paragraph, the Dane County regional planning commission shall consist of the following members, subject to paragraph (c):

1. Four members who are appointed by the mayor of the city of Madison.

2. Three members who are appointed by the governor from a list of names submitted by an association representing towns that is in existence on January 1, 1999.

3. Three members who are appointed by the governor from a list of names submitted jointly by an association representing villages and by an association representing 3rd and 4th class cities , both of which are in existence on January 1, 1999.

4. Three members who are appointed by the Dane County executive, one of whom shall be a resident of the city of Madison, one of whom shall be a resident of a town that is located in Dane County and one of whom shall be a resident of a village or a 3rd or 4th class city that is located in whole or in part in Dane County.

(c) Not more than 3 of the members appointed under paragraph (b) may be members of the Dane County board. If more than 3 members of the Dane County board are appointed under paragraph (b), the first 3 Dane County board members who are appointed shall be on the Dane County regional planning commission and the individual who appointed Dane County board members who may not be on the commission shall appoint other individuals for those positions on the commission.

(d) For any action taken by the Dane County regional planning commission in any of the following areas, a supermajority of 8 votes is required:

1. Any changes to an urban service area, as designated under 33 USC 1288.

2. Any changes to the Dane County land use and transportation plan.

(e) Notwithstanding the procedures for dissolution of a regional planning commission that are specified under section 66.945 (15) of the statutes, the Dane County regional planning commission shall be dissolved on October 1, 2002. All unexpended funds of the commission on that date shall be applied to any outstanding indebtedness of the commission. If any outstanding indebtedness of the commission remains after the application of the unexpended funds to such debts, the remaining indebtedness shall be assessed to Dane County. If the commission has no outstanding indebtedness and has unexpended funds, such funds shall be returned to the cities, villages, towns or county that supplied them.

(8zo) Elected members, citizen members of local planning commissions.

(a) Notwithstanding section 62.23 (1) (c), 1997 stats., an alderperson, village board member or town board member who is elected by his or her colleagues in April 1999 to serve on a city, village or town planning commission under section 62.23 (1) (b), 1997 stats., may serve on the planning commission until April 2000.

(b) A citizen member of a city, village or town planning commission who is appointed under section 62.23 (1) (c), 1997 stats., may serve on the planning commission until the expiration of the term to which he or she was appointed.

(9c) Tobacco control board; position authorization. There is authorized for the tobacco control board 1.0 FTE SEG executive director position and 1.0 FTE SEG other position to be funded from the appropriation under section 20.436 (1) (tb) of the statutes, as created by this act.

(9g) Winnebago County claim. There is directed to be expended from the appropriation under section 20.510 (1) (a) of the statutes, as affected by the acts of 1999, $2,087 in payment of a claim against the state made by Winnebago County to compensate the county for the cost of reprinting ballots for the 1988 general election that were found by the state elections board to be out of conformity with state law. Acceptance of this payment releases this state and its officers, employes and agents from any further liability with respect to the county's defective ballots for the 1988 general election.

(9z) Higher educational aids board; position decrease. The authorized FTE positions for the higher educational aids board, funded from the appropriation under section 20.235 (2) (qb) of the statutes, are decreased by 0.86 SEG position.

(10g) Lapses from certain appropriations from which membership dues in state and national organizations are paid.

(a) In this subsection:

1. "Secretary" means the secretary of administration.

2. "State agency" has the meaning given in section 20.001 (1) of the statutes.