Amendment ASA1-AB133

AB133-ASA1,1528,22 3. Is using both tax policies and performance-based incentives to foster and improve future competition and economic growth.

AB133-ASA1,1528,24 4. Has existing incentive programs that complement and further the state's overall economic development goals.

AB133-ASA1,1529,3 5. Clearly defines strategic economic development goals for the state's economic development finance programs and manages and monitors the programs on that basis.

AB133-ASA1,1529,5 6. Could effectively implement a performance-based economic development strategy.

AB133-ASA1,1529,8 (b) If the joint legislative audit committee requests the legislative audit bureau to perform an audit and the bureau performs an audit, the bureau shall file its report as provided in section 13.94 (1) (b) of the statutes.

AB133-ASA1,1529,10 (2g) Financial audits of the Medical College of Wisconsin and the University of Wisconsin center for tobacco research and intervention.

AB133-ASA1,1529,15 (a) Beginning on July 1, 2001, the legislative audit bureau shall conduct a financial audit of the Medical College of Wisconsin that examines the use of funds appropriated under section 20.250 (1) (k) of the statutes, as created by this act, and shall file its report as described under section 13.94 (1) (b) of the statutes by June 30, 2002.

AB133-ASA1,1529,20 (b) Beginning on July 1, 2000, the legislative audit bureau shall conduct a financial audit of the tobacco research and intervention center at the University of Wisconsin-Madison that examines the use of funds appropriated under section 20.285 (1) (kr) of the statutes, as created by this act, and shall file its report as described under section 13.94 (1) (b) of the statutes by June 30, 2001.

AB133-ASA1,1530,2 (2t) Audit of air management program. The joint legislative audit committee is requested to, and may, direct the legislative audit bureau to perform a performance evaluation audit of the department of natural resource's air management program, including a comparison of federally required aspects of the program and aspects required only by state law. If the committee directs the legislative audit bureau to perform an audit, the bureau shall file its report as described in section 13.94 (1) (b) of the statutes.

AB133-ASA1,1530,3 (3e) Radio body alarm system for Mendota Mental Health Institute.

AB133-ASA1,1530,4 (a) In this subsection:

AB133-ASA1,1530,5 1. "Hertz" means a unit of frequency equal to one cycle per second.

AB133-ASA1,1530,6 2. "Megahertz" means a unit of frequency equal to 1,000,000 hertz.

AB133-ASA1,1530,13 (b) During state fiscal biennium 1999-2001, from the appropriation under section 20.865 (4) (a) of the statutes, the joint committee on finance may, notwithstanding section 13.101 (3) (a) (intro.), 1. and 2. of the statutes, supplement the appropriation to the Mendota Mental Health Institute under section 20.435 (2) (a) of the statutes, as affected by this act, by $233,000 for the purchase or lease, as recommended by the committee, of an 800 megahertz radio body alarm system for use by staff members of the institute who have direct contact with patients.

AB133-ASA1,1530,18 (3m) Evaluation of family care pilot projects. As soon as possible, the legislative audit bureau shall contract with an organization other than an agency of the state to evaluate the pilot projects under section 46.281 (1) (d) of the statutes, as created by this act, and pilot projects under Section 9123 (1n) of this act as to cost-effectiveness, client access to services and quality of care.

AB133-ASA1,1530,23 (3z) Study of special transfer program. The joint legislative council is requested to conduct a study of the special transfer program under subchapter VI of chapter 121 of the statutes. If the joint legislative council conducts the study, it shall report its findings, conclusions and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes by January 1, 2000.

AB133-ASA1, s. 9132 Section 9132. Nonstatutory provisions; lieutenant governor.

AB133-ASA1, s. 9133 Section 9133. Nonstatutory provisions; lower Wisconsin state riverway board.

AB133-ASA1, s. 9134 Section 9134. Nonstatutory provisions; Medical College of Wisconsin.

AB133-ASA1, s. 9135 Section 9135. Nonstatutory provisions; military affairs.

AB133-ASA1,1531,10 (1z) Request for additional funding for tuition grant program. If the department of military affairs determines that the amount appropriated under section 20.465 (2) (a) of the statutes for the payment of national guard tuition grants is anticipated to be insufficient to fully fund the eligible tuition costs under section 21.49 of the statutes in fiscal year 1999-2000 or in fiscal year 2000-01, the department shall, during that fiscal year, request the additional funding necessary to fully fund the eligible tuition costs from the joint committee on finance.

AB133-ASA1, s. 9136 Section 9136. Nonstatutory provisions; natural resources.

AB133-ASA1,1531,21 (1) Rules for safety programs of instruction. The department of natural resources may use the procedure under section 227.24 of the statutes to promulgate rules under sections 23.33 (5) (d), 29.591 (3), 30.74 (1) (b) and 350.055 of the statutes, as affected by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect until April 1, 2000, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB133-ASA1,1532,7 (2) Emergency rules for brownfield site assessment grant program. Using the procedure under section 227.24 of the statutes, the department of natural resources shall promulgate rules required under section 292.75 of the statutes, as created by this act, for the period before permanent rules become effective, 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 a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB133-ASA1,1532,17 (3) Rules concerning natural attenuation of groundwater contamination. Using the procedure under section 227.24 of the statutes, the department of natural resources shall promulgate the rules required under section 292.15 (2) (ae) of the statutes, as created by this act, for the period before the effective date of the permanent rules under that provision, 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 subsection 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 subsection.

AB133-ASA1,1532,22 (3d) Funding and positions for air pollution control construction permit program. If a rule modifying the fees under section 285.69 (1) (a) of the statutes for reviewing and acting upon air pollution control construction permits takes effect during the 1999-2001 fiscal biennium, the department of natural resources shall do all of the following:

AB133-ASA1,1533,2 (a) Request the governor under section 16.505 of the statutes to increase the authorized level of full-time equivalent positions funded from the appropriation account under section 20.370 (2) (ci) of the statutes for reviewing and acting upon air pollution control construction permits.

AB133-ASA1,1533,6 (b) Request the secretary of administration under section 16.515 of the statutes to supplement the appropriation under section 20.370 (2) (ci) of the statutes for the purpose of increasing funding for reviewing and acting upon air pollution control construction permits.

AB133-ASA1,1533,7 (3x) Wastewater discharge fees.

AB133-ASA1,1533,14 (a) Report. The department of natural resources shall prepare a report on wastewater discharge fees under section 299.15 (3) (am) of the statutes. The department shall include any recommendation for statutory changes needed to implement section 299.15 (3) (e) of the statutes, as created by this act. The department shall submit its report to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes and to the joint committee on finance no later than February 1, 2000.

AB133-ASA1,1533,20 (b) Rules. The department of natural resources shall submit in proposed form the rules required under section 299.15 (3) (e) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than February 1, 2000, and shall promulgate the rules no later than January 1, 2001, unless action by the legislature under chapter 227 of the statutes prevents the department from meeting this deadline.

AB133-ASA1,1533,25 (3yt) Rules related to petroleum storage remedial action program. The department of natural resources shall submit in proposed form any changes in its rules necessary to conform to the rules under section 101.143 (2) (h), (i) and (j) of the statutes, as created by this act, to the legislature under section 227.19 of the statues no later than June 1, 2000.

AB133-ASA1,1534,11 (4) Drinking water study. During the 1999-2001 fiscal biennium, the department of natural resources shall provide a grant from the appropriation under section 20.370 (6) (ck) of the statutes, as created by this act, to the town of Swiss, Burnett County, and the St. Croix band of Chippewa for a study to determine the best technological approaches to addressing water quality problems threatening drinking water and overall water quality problems of the St. Croix, Namekagon and Yellow rivers and for engineering design and feasibility activities related to construction of wastewater and drinking water treatment facilities. The town and the band shall submit a report describing the findings of the study to the department of natural resources and the department of administration no later than January 1, 2001.

AB133-ASA1,1534,12 (4x) Land recycling loan for the city of Kenosha.

AB133-ASA1,1534,21 (a) Except as provided in paragraph (b), the department of natural resources and the department of administration shall provide a loan bearing no interest under section 281.60 of the statutes to the city of Kenosha in the amount of $3,000,000. Section 281.60 (2r) to (11) of the statutes, as affected by this act, does not apply to the loan under this paragraph. The department of natural resources, the department of administration and the city of Kenosha shall enter into a financial assistance agreement that specifies the use of the loan, the terms of repayment of the loan and a schedule for the dispersal of funds and for completion of the activities to be funded by the loan.

AB133-ASA1,1534,24 (b) Paragraph (a) does not apply if the department of natural resources, the department of administration and the city of Kenosha do not enter into the financial assistance agreement before July 1, 2000.

AB133-ASA1,1534,25 (5) Radio services.

AB133-ASA1,1535,4 (a) Position increases. The authorized FTE positions for the department of natural resources are decreased by 7.0 SEG positions, funded from the appropriation under section 20.370 (8) (mu) of the statutes, for the performance of duties primarily related to radio services.

AB133-ASA1,1535,8 (b) Employe transfers. There are transferred from the department of natural resources to the department of transportation 7.0 FTE incumbent employes holding positions in the department of natural resources performing duties primarily related to radio services.

AB133-ASA1,1535,14 (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 transportation 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.

AB133-ASA1,1535,23 (d) Payments to the department of transportation. If the department of transportation provides radio services to the department of natural resources under section 85.12 of the statutes in fiscal years 1999-2000 and 2000-01, the department of natural resources shall make payments to the department of transportation for these services from the appropriations under section 20.370 (8) (mt) of the statutes, as affected by this act, and section 20.370 (8) (mu) of the statutes on the first day of each quarter of fiscal years 1999-2000 and 2000-01, except that the department of natural resources shall make its first payment in fiscal year 1999-2000 on July 31, 1999, or 10 days after the effective date of this paragraph, whichever occurs later.

AB133-ASA1,1536,9 (6) Database of properties on which groundwater standards are exceeded. Using the procedure under section 227.24 of the statutes, the department of natural resources may promulgate a rule under section 292.57 (2) of the statutes, as created by this act, for the period before the effective date of the rule promulgated under section 292.57 (2) 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 (1) (a), (2) (b) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB133-ASA1,1536,16 (6g) Local governmental unit negotiation and cost recovery process. No later than January 1, 2001, the department of natural resources shall submit to the legislature, in the manner provided under section 13.172 (2) of the statutes, proposed legislation to make the process for local governmental unit negotiation and cost recovery under section 292.35 of the statutes more efficient and clear. The department shall propose legislation that includes provisions that do all of the following:

AB133-ASA1,1536,17 (a) Provide a more efficient method of providing notice to all parties.

AB133-ASA1,1536,18 (b) Clarify the liability provisions.

AB133-ASA1,1536,19 (c) Clarify the provisions related to the identification of responsible parties.

AB133-ASA1,1536,21 (d) Provide local governmental units with a clear method of dealing with information discovered late in the negotiation and cost recovery process.

AB133-ASA1,1536,23 (e) Require responsible parties to state the basis for their objection to a local governmental unit's offer to settle before seeking designation of an umpire.

AB133-ASA1,1536,24 (f) Require potential umpires to be environmental experts.

AB133-ASA1,1537,3 (g) Require an umpire to submit a proposed recommendation under section 292.35 (6) (a) of the statutes and give the parties a period for making comments before the umpire finalizes the recommendation.

AB133-ASA1,1537,7 (6h) Bibliography of groundwater information. During the 1999-2001 fiscal biennium, the department of natural resources shall create a bibliography of information, on a geographic basis, that identifies all sources of general and site-specific information about groundwater.

AB133-ASA1,1537,14 (7) Study of land application of septage. The department of natural resources shall study this state's program for regulating the application of septage to land. No later than September 1, 2000, the department shall submit a report presenting the results of the study, including relevant data, identification of problems and recommendations to improve the program, to the legislature in the manner provided in section 13.172 (2) of the statutes, to the governor and to the department of administration.

AB133-ASA1,1537,20 (7g) Rules for urban storm water loan program. The department of natural resources shall submit in proposed form the rules required under section 281.595 (12) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than February 1, 2000, and shall promulgate the rules no later than December 31, 2000, unless action by the legislature under chapter 227 of the statutes prevents the department from meeting this deadline.

AB133-ASA1,1538,2 (8tt) Air emission fee rules. The department of natural resources shall submit in proposed form the rules required under section 285.69 (2) (a) 7. to 11. of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than July 1, 2001, and shall promulgate the rules no later than March 1, 2002, unless action by the legislature under chapter 227 of the statutes prevents the department from meeting this deadline.

AB133-ASA1,1538,8 (8tu) Air emission fee statutory changes. Notwithstanding section 16.42 (1) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2001-03 biennial budget act, the department of natural resources shall include any proposed statutory changes that the department determines are necessary to implement the proposed rules under section 285.69 (2) (a) 7. to 11. of the statutes, as created by this act.

AB133-ASA1,1538,15 (8tv) Advisory committee for air management performance standards. The natural resources board shall establish a committee under section 15.04 (1) (c) of the statutes to advise the department of natural resources in the development of the performance measurements under section 285.11 (18) of the statutes, as created by this act. The board shall include on the committee industry representatives who are knowledgeable about performance and productivity assessment in the area of environmental management, as well as other interested persons.

AB133-ASA1,1538,22 (9) Grants for Wheelchair Recycling Project. From the appropriation under section 20.370 (6) (br) of the statutes, as affected by this act, the department of natural resources shall award the following grants to the Wheelchair Recycling Project, a part of the Madison chapter of the National Spinal Cord Injury Association, for the purpose of refurbishing used wheelchairs and other mobility devices and returning them to use by persons who otherwise would not have access to needed or appropriate equipment:

AB133-ASA1,1538,23 (a) On September 1, 1999, $75,000.

AB133-ASA1,1538,24 (b) On July 1, 2000, $50,000.

AB133-ASA1,1539,11 (9c) Oconto County boat landing project. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, the department of natural resources shall provide to Oconto County funding for a boat landing and breakwall in Park 2 in Oconto County. Oconto County and the department shall contribute funding for the project. The department's contribution shall equal 80% of the project's costs or $727,200, whichever is less. Oconto County's contribution may be in matching funds or may be in-kind contributions or both. The amount expended under this subsection shall be considered an expenditure for a Great Lakes 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, 2001.

AB133-ASA1,1539,25 (9d) McDill Lake dredging project. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, and before applying the percentages under section 30.92 (4) (b) 6. of the statutes, the department of natural resources shall provide to the McDill Inland Lake Protection and Rehabilitation District the amount that is necessary for the dredging of McDill Lake in Portage County but the amount may not exceed $250,000. The McDill Inland Lake Protection and Rehabilitation District shall contribute funding for the project equal to 50% of the project's cost. The McDill Inland Lake Protection and Rehabilitation District's contribution may be in matching funds or may be in-kind contributions or both. Notwithstanding section 30.92 (4) (b) 7. or 8. a. of the statutes, the dredging project specified under this subsection qualifies as a recreational boating project for the purpose of expending moneys under this subsection. 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, 2001.

AB133-ASA1,1540,4 (10d) Urban forestry grant for Milwaukee. From the appropriation under section 20.370 (5) (bw) of the statutes, the department of natural resources shall provide $50,000 in fiscal year 1999-2000 and $50,000 in fiscal year 2000-01 to the city of Milwaukee for a tree planting demonstration project.

AB133-ASA1,1540,20 (10g) Stewardship programs. The department of natural resources may promulgate emergency rules under section 227.24 of the statutes implementing sections 23.09 (20m) and 30.24 of the statutes, as created by this act. The department may also promulgate emergency rules under section 227.24 of the statutes implementing any provisions of section 23.0915 of the statutes, as affected by this act, or section 23.0917 of the statutes, as created by this act, if the rules are necessary for the department to act as authorized or required under section 23.0915 of the statutes, as affected by this act, or section 23.0917 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules promulgated under this subsection may remain in effect until June 30, 2001, or until the date on which the permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB133-ASA1,1541,2 (10m) Study on wild cranes. From the appropriation under section 20.370 (1) (Lk) of the statutes, as created by this act, the department of natural resources shall provide in fiscal year 1999-2000 a total of $55,000 and in fiscal year 2000-01 a total of $60,000 to the University of Wisconsin and the International Crane Foundation jointly for a study of crop damage caused in this state by cranes. The study shall be completed before July 1, 2001.

AB133-ASA1,1541,10 (10x) Boat registration surcharges. Notwithstanding section 13.101 (3) of the statutes, the department of natural resources shall request that the joint committee on finance supplement the appropriation under section 20.370 (3) (ar) of the statutes, as affected by this act, for boating safety education during the 1999-2001 fiscal biennium, and shall make the request no later than the 2nd quarterly meeting of the joint committee on finance, under section 13.10 of the statutes, to be held in 2000. Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists before acting upon any such request.

AB133-ASA1, s. 9137 Section 9137. Nonstatutory provisions; personnel commission.

AB133-ASA1, s. 9138 Section 9138. Nonstatutory provisions; public defender board.

AB133-ASA1, s. 9139 Section 9139. Nonstatutory provisions; public instruction.

AB133-ASA1,1541,21 (1d) Newsline. In consultation with the Wisconsin Regional Library for the Blind and Physically Handicapped in the city of Milwaukee, the department of public instruction shall enter into a 2-year extension of the contract specified in 1997 Wisconsin Act 27, section 9140 (5m), with the National Federation of the Blind to provide the Newsline electronic information service. The department of public instruction shall use the moneys transferred to the appropriation account under section 20.255 (1) (ke) of the statutes under Section 9241 (1d) of this act to pay the costs incurred under this subsection.

AB133-ASA1,1541,25 (1e) Definition of state school aids. Notwithstanding section 121.15 (3m) (a) 2. of the statutes, as affected by this act, the definition of state school aids under section 121.15 (3m) (a) 2. of the statutes, as affected by this act, includes all of the following:

AB133-ASA1,1542,1 (a) In the 1999-2000 school year, $927,100.

AB133-ASA1,1542,2 (b) In the 2000-01 school year, $1,695,700.

AB133-ASA1,1542,8 (1f) National teacher certification. Notwithstanding section 115.42 (1) (b) of the statutes, as created by this act, if a person who is eligible for a grant under section 115.42 (1) (a) of the statutes became certified by the National Board for Professional Teaching Standards before the effective date of this subsection, the department of public instruction shall award the grant under section 115.42 (1) of the statutes in the 1999-2000 fiscal year.

AB133-ASA1,1542,13 (1g) Software training. In coordination with Pyramid Media and with the appropriate staff of the cooperative educational service agencies, the department of public instruction shall offer free training through June 30, 2001, on the classroom use of the module of the Body Awareness Resource Network software that concerns smoking and tobacco use.

AB133-ASA1, s. 9140 Section 9140. Nonstatutory provisions; public lands, board of commissioners of.

AB133-ASA1,1542,19 (1d) Trust fund loans. No later than December 1, 1999, the board of commissioners of public lands shall submit a report to the cochairpersons of the joint committee on finance detailing the accounting and administrative actions taken by the board to permit the acceptance of advance payments of loans during any repayment period under section 24.63 (4) of the statutes, as affected by this act.

AB133-ASA1, s. 9141 Section 9141. Nonstatutory provisions; public service commission.

AB133-ASA1,1542,21 (1) Transfer of educational telecommunications access program.

AB133-ASA1,1542,22 (a) In this subsection:

AB133-ASA1,1542,24 1. "Board" means the technology for educational achievement in Wisconsin board.

AB133-ASA1,1543,1 2. "Commission" means the public service commission.

AB133-ASA1,1543,2 3. "Secretary" means the secretary of administration.

AB133-ASA1,1543,7 (b) During the period beginning on the effective date of this paragraph and ending on the first day of the 3rd month beginning after the effective date of this paragraph, the commission shall cooperate with the board in providing orderly and efficient transfers under this subsection. On the first day of the 3rd month beginning after the effective date of this paragraph, all of the following apply:

AB133-ASA1,1543,14 1. All rules that have been promulgated by the commission under section 196.218 (4r) (b), 1997 stats., and that are in effect shall become rules of the board and shall remain in effect until their specified expiration dates or until amended or repealed by the board. All determinations that have been made by the commission under section 196.218 (4r) (g), 1997 stats., regarding documentation of contracts shall become determinations of the board and shall remain in effect until modified or rescinded by the board.

AB133-ASA1,1543,19 2. Any matter relating to the administration of the educational telecommunications access program under section 196.218 (4r), 1997 stats., that is pending with the commission is transferred to the board, and all materials submitted to or actions taken by the commission with respect to the pending matter are considered to have been submitted to or taken by the board.

AB133-ASA1,1543,23 3. All tangible personal property, including records, of the commission pertaining to the administration of the educational telecommunications access program under section 196.218 (4r), 1997 stats., as determined by the secretary, is transferred to the board.

AB133-ASA1,1544,4 4. All contracts entered into by the commission in effect on the effective date of this subdivision pertaining to the administration of the educational telecommunications access program under section 196.218 (4r), 1997 stats., as determined by the secretary, remain in effect and are transferred to the board. The board shall carry out any obligations under such a contract until the contract is modified or rescinded by the board to the extent allowed under the contract.

AB133-ASA1,1544,8 5. The assets and liabilities of the commission pertaining to the administration of the educational telecommunications access program under section 196.218 (4r), 1997 stats., as determined by the secretary, shall become the assets and liabilities of the board.

AB133-ASA1, s. 9142 Section 9142. Nonstatutory provisions; regulation and licensing.