SB45: Bill Text

SB45,1383,6 [Laws of 1973, chapter 76] Section 1. All the right, title and interest of the state of Wisconsin in the lands hereinafter described, whether any part or parcel thereof may be, at the time of the passage and publication of this act, dry or submerged under the waters of Lake Michigan are hereby ceded, granted and confirmed to the city of Milwaukee, a municipal corporation, for the purpose of improving, filling, and utilizing the same for public park purposes or in aid of navigation and the fisheries and in addition for such further and other use which the board of harbor commissioners of the city of Milwaukee may deem appropriate and expedient and which the common council approves by resolution. Such land shall may also be used for the purpose of establishing and maintaining thereon breakwaters, bulkheads, piers, wharves, warehouses, transfer sheds, railway tracks, airports, and other harbor facilities, together with such other uses not inconsistent with the improvement of navigation and fisheries in Lake Michigan, and the navigable waters tributary thereto, as the city may deem expedient.

SB45, s. 3248 Section 3248. Laws of 1973, chapter 76, section 3 is amended to read:

SB45,1383,20 [Laws of 1973, chapter 76] Section 3. The city of Milwaukee, shall not convey any portion or the whole of the lands so granted, ceded and confirmed, and described in Section 2 of this act, to any other party, either by warranty deed, quit claim, or in any other manner, except that it may convey to the government of the United States such portion thereof as may be desirable for the promotion of navigation; and it may also convey lands to any harbor district or other public corporation that may hereafter be organized, under any law of this state, for public park purposes or for the purpose of maintaining and operating a public port; and it may further lease for an initial term not exceeding 30 years, such particular parcels or portions thereof as the board of harbor commissioners considers advisable, to parties desiring to employ such leased portions and parcels for public park purposes or in a manner determined by the board of harbor commissioners to be for the best interests of port and harbor development.

SB45, s. 3249 Section 3249. 1995 Wisconsin Act 292, section 5 is repealed.

SB45, s. 3250 Section 3250. 1995 Wisconsin Act 292, section 12 is repealed.

SB45, s. 3251 Section 3251. 1995 Wisconsin Act 292, section 14 is repealed.

SB45, s. 3252 Section 3252. 1995 Wisconsin Act 292, section 16 is repealed.

SB45, s. 3253 Section 3253. 1995 Wisconsin Act 292, section 20 is repealed.

SB45, s. 3254 Section 3254. 1995 Wisconsin Act 292, section 22 is repealed.

SB45, s. 3255 Section 3255. 1995 Wisconsin Act 292, section 24 is repealed.

SB45, s. 3256 Section 3256. 1995 Wisconsin Act 292, section 28 is repealed.

SB45, s. 3257 Section 3257. 1995 Wisconsin Act 292, section 30 is repealed.

SB45, s. 3258 Section 3258. 1995 Wisconsin Act 292, section 30h is repealed.

SB45, s. 3259 Section 3259. 1995 Wisconsin Act 292, section 32 is repealed.

SB45, s. 3260 Section 3260. 1995 Wisconsin Act 292, section 37 (1) is repealed.

SB45, s. 3261 Section 3261 . 1997 Wisconsin Act 4, section 4 (1) (a), as last affected by 1997 Wisconsin Act 27, section 5510s, is amended to read:

SB45,1384,17 [1997 Wisconsin Act 4] Section 4 (1) (a) Notwithstanding 1995 Wisconsin Act 27, section 9126 (23) and (26v), the department of corrections may, from July 1, 1997, until July 1, 1999 2001, operate the juvenile secured correctional facility, as defined in section 938.02 (15m) of the statutes, authorized under 1995 Wisconsin Act 27, section 9126 (26v), as a state prison named in section 302.01 of the statutes, as affected by this act, for the placement of prisoners, as defined in section 301.01 (2) of the statutes, who are not more than 21 years of age and who are not violent offenders, as determined by the department of corrections.

SB45, s. 3262 Section 3262. 1997 Wisconsin Act 27, section 9410 (5g) is amended to read:

SB45,1384,24 [1997 Wisconsin Act 27] Section 9410 (5g) Elimination of recycling market development board. The treatment of sections 15.07 (1) (b) 19., 15.155 (2), 16.72 (7) (by Section 119d), 20.143 (1) (L) (by Section 200d), (st) (by Section 204d) and (tm) (by Section 205d), 20.923 (4) (a) 4q., 36.25 (30g), 560.031 (by Section 4338c), (2), (3) and (4), 560.09 (5) and 560.65 (4) (a) and subchapter III of chapter 287 (by Section 3620m) of the statutes takes effect on June 30, 2001.

SB45, s. 3263 Section 3263. 1997 Wisconsin Act 84, section 168 (intro.) is amended to read:

SB45,1385,5 [1997 Wisconsin Act 84] Section 168. Effective dates. (intro.) This act takes effect on the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under section 85.515 of the statutes, as created by this act, or on the first day of the 25th month beginning after publication May 1, 2001, whichever is earlier, except as follows:

SB45, s. 3264 Section 3264. 1997 Wisconsin Act 154, section 3 (1) is amended to read:

SB45,1385,25 [1997 Wisconsin Act 154] Section 3 (1) Statewide trauma care system; report. The department of health and family services and the statewide trauma advisory council shall prepare a joint report on the development and implementation of a statewide trauma care system. The report shall make recommendations on issues that need to be resolved in developing and implementing the system, including minimum services in rendering patient care; transport protocols; area trauma advisory councils and plans; development of a method to classify hospitals as to their respective emergency care capabilities and methods to make the resulting information available for public use; improving the communications systems between hospitals and prehospital elements of the trauma care system; development of a statewide trauma registry, including a data system to measure the effectiveness of trauma care and to develop ways to promote ongoing quality improvement; triage; interfacility transfers; enhancing the training and education of health care personnel involved in the provision of trauma care services; and monitoring adherence to rules. Not later than January 1, 2000 2001, the department and the statewide trauma advisory council shall submit the report to the legislature in the manner provided under section 13.172 (2) of the statutes, to the joint committee on finance of the legislature as provided in subsection (2), to the governor and to the emergency medical services board.

SB45, s. 3265 Section 3265. 1997 Wisconsin Act 237, section 4x is repealed.

SB45, s. 3266 Section 3266. 1997 Wisconsin Act 237, section 48h is repealed.

SB45, s. 3267 Section 3267. 1997 Wisconsin Act 237, section 9101 (1z) (b), (c) (intro.), (d) 1., (g) (intro.) and (h) are amended to read:

SB45,1386,11 [1997 Wisconsin Act 237] Section 9101 (1z) (b) Purpose of grants. From the appropriation under section 20.505 (4) (1) (fm) of the statutes, as created by this act, the national and community service board department of administration shall award grants, in the amounts specified in paragraph (c), to countywide consortiums to assist those countywide consortiums in coordinating and documenting progress within their counties toward reaching the goal of providing the 5 fundamental resources to underserved youth.

SB45,1386,18 (c) Amount of grants. (intro.) The national and community service board department of administration shall determine the amount of a grant awarded under paragraph (b) based on the number of underserved youth who are to receive the 5 fundamental resources as a result of the countywide consortium's efforts under paragraph (f). The national and community service board department of administration shall award the following amounts based on the following numbers of underserved youth targeted by a countywide consortium:

SB45,1386,22 (d) 1. The national and community service board department of administration may award a grant under paragraph (b) only to a countywide consortium that agrees to match the grant, in cash, in an amount this is not less than 200% of the grant amount received.

SB45,1387,4 (g) Fiscal agent; reporting. (intro.) Each countywide consortium that applies for a grant under paragraph (b) shall identify a fiscal agent who shall receive, manage and account for the grant moneys awarded under paragraph (b) and the matching funds committed under paragraph (d) 1. and who shall provide to the national and community service board department of administration the following reports detailing the progress of the countywide consortium in accomplishing the tasks specified in paragraph (f):

SB45,1387,11 (h) Capacity building. The national and community service board department of administration may expend any moneys in the appropriation account under section 20.505 (4) (1) (fm) of the statutes, as created by this act, that are not awarded as grants under paragraph (b) to build the capacity of individuals, public agencies, nonprofit organizations and other persons to provide the 5 fundamental resources to underserved youth by contracting for the provision of the training and technical assistance specified in paragraph (f) 4.

SB45, s. 3268 Section 3268. 1997 Wisconsin Act 237, section 9401 (1z) is repealed.

SB45, s. 9101 Section 9101. Nonstatutory provisions; administration.

SB45,1387,14 (1)  Transfer of national and community services board.

SB45,1387,19 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the functions of the national and community service board, except the Wisconsin challenge grant program, as determined by the secretary of administration, shall become the assets and liabilities of the department of health and family services.

SB45,1387,20 (b) Positions and employes.

SB45,1387,25 1. On the effective date of this subdivision, all full-time equivalent positions in the department of administration having duties primarily related to the functions of the national and community service board, except the Wisconsin challenge grant program, as determined by the secretary of administration, are transferred to the department of health and family services.

SB45,1388,3 2. All incumbent employes holding positions specified in subdivision 1. are transferred on the effective date of this subdivision to the department of health and family services.

SB45,1388,9 3. Employes transferred under subdivision 2. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of health and family services that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statues, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

SB45,1388,15 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to the functions of the national and community service board, except the Wisconsin challenge grant program, as determined by the secretary of administration, is transferred to the department of health and family services.

SB45,1388,23 (d) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the functions of the national and community service board, except the Wisconsin challenge grant program, as determined by the secretary of administration, remain in effect and are transferred to the department of health and family services. The department of health and family services shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the department of health and family services to the extent allowed under the contract.

SB45,1389,6 (2) Prosecution of drug crimes; Dane County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (kp) of the statutes, as affected by this act, and section 20.505 (6) (pb) of the statutes, the department shall expend $83,600 in fiscal year 1999-2000 and $87,800 in fiscal year 2000-01 to provide the multijurisdictional enforcement group serving Dane County with funding for one assistant district attorney to prosecute criminal violations of chapter 961 of the statutes.

SB45,1389,14 (3) Prosecution of drug crimes; Milwaukee County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (kp) of the statutes, as affected by this act, and section 20.505 (6) (pb) of the statutes, the department shall expend $263,000 in fiscal year 1999-2000 and $271,300 in fiscal year 2000-01 to provide the multijurisdictional enforcement group serving Milwaukee County with funding for 3 assistant district attorneys to prosecute criminal violations of chapter 961 of the statutes.

SB45,1389,15 (4) Information concerning sexually violent person commitment cases.

SB45,1389,20 (a) In any case in which the district attorney files a sexually violent person petition under section 980.02 (1) (b) of the statutes, as affected by this act, on or after the effective date this paragraph but before July 1, 2001, the district attorney shall maintain a record of the amount of time spent by the district attorney and by any deputy district attorneys or assistant district attorneys doing all of the following:

SB45,1389,23 1. Prosecuting the petition through trial under section 980.05 of the statutes and, if applicable, commitment of the person subject to the petition under section 980.06 of the statutes, as affected by this act.

SB45,1390,2 2. If applicable, representing the state on petitions brought by the person who is the subject of the petition for supervised release under section 980.08 of the statutes, as affected by this act, or for discharge under section 980.09 or 980.10 of the statutes.

SB45,1390,7 (b) Annually, on a date specified by the department of administration, the district attorney shall submit to the department of administration a report summarizing the records under paragraph (a ) covering the preceding 12-month period. The department of administration shall maintain the information submitted under this paragraph by district attorneys.

SB45,1390,13 (5) Purchase, replacement and maintenance of state crime laboratory equipment. The secretary of administration shall allocate $254,700 in fiscal year 1999-2000 and $254,700 in fiscal year 2000-01 from the appropriations under section 20.505 (6) (kt) of the statutes, as affected by this act, and section 20.505 (6) (pc) of the statutes to provide the department of justice with funding for the purchase, replacement and maintenance of state crime laboratory equipment.

SB45,1390,19 (6) Purchase of equipment of deoxyribonucleic acid analysis. In fiscal year 1999-2000, the secretary of administration shall allocate $226,800 from the appropriations under section 20.505 (6) (kt) of the statutes, as affected by this act, and section 20.505 (6) (pc) of the statutes to provide the department of justice with funding for the purchase of equipment for analyzing deoxyribonucleic acid using the short tandem repeat method.

SB45,1391,2 (7) Conversion of deoxyribonucleic acid data bank. In fiscal year 1999-2000, the secretary of administration shall allocate $450,000 from the appropriations under section 20.505 (6) (kt) of the statutes, as affected by this act, and section 20.505 (6) (pc) of the statutes to provide the department of justice with funding for converting the deoxyribonucleic acid data bank under section 165.77 (3) of the statutes to make it compatible with the short tandem repeat method of deoxyribonucleic acid analysis.

SB45,1391,3 (8) Educational broadcasting.

SB45,1391,13 (a) Transfer of University of Wisconsin System funds. If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board and the board of regents of the University of Wisconsin System to the corporation described under section 39.81 of the statutes, as created by this act, on the effective date of the last license transferred, all unencumbered balances appropriated to the board of regents of the University of Wisconsin System under section 20.285 of the statutes, as affected by this act, for public broadcasting, as determined by the secretary of administration, are transferred to the corporation described under section 39.81 of the statutes, as created by this act.

SB45,1391,19 (b) Transfer of educational communications board funds. If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board and the board of regents of the University of Wisconsin System to the corporation described under section 39.81 of the statutes, as created by this act, on the effective date of the last license transferred:

SB45,1392,2 1. To the appropriation account under section 20.218 (1) (b) of the statutes, as created by this act, there is transferred the unencumbered balance of the appropriation accounts under section 20.225 (1) (a), (b), (d) to (ka) and (m) of the statutes, as affected by this act, and the amounts in the schedule for the appropriation account under section 20.218 (1) (b) of the statutes, as created by this act, are increased by the sum of the amounts transferred from the appropriation accounts under section 20.225 (1) (a), (b), (d) to (ka) and (m) of the statutes, as affected by this act.

SB45,1392,9 2. To the appropriation account under section 20.505 (5) (i) of the statutes, as created by this act, there is transferred the unencumbered balance of the appropriation account under section 20.225 (1) (kb) of the statutes, as affected by this act, and the amounts in the schedule for the appropriation account under section 20.505 (5) (i) of the statutes, as created by this act, are increased by the amount transferred from the appropriation account under section 20.225 (1) (kb) of the statutes, as affected by this act.

SB45,1392,13 (c) Operational plan for educational broadcasting corporation. The persons under section 39.81 (1) of the statutes, as created by this act, shall prepare an operational plan for the corporation described under section 39.81 of the statutes, as created by this act. The operational plan shall include all of the following:

SB45,1392,17 1. A list of those individuals employed by the board of regents of the University of Wisconsin System and the educational communications board who are best-suited to provide educational broadcasting services for the corporation described under section 39.81 of the statutes, as created by this act.

SB45,1392,22 2. The number of authorized FTE positions for the board of regents of the University of Wisconsin System that would be eliminated if all broadcasting licenses held by the educational communications board and the board of regents of the University of Wisconsin System were transferred to the corporation described under section 39.81 of the statutes, as created by this act.

SB45,1392,25 3. An estimate of the level of funding necessary to cover the annual operating expenses of the corporation described under section 39.81 of the statutes, as created by this act.

SB45,1393,3 4. An estimate of the amount of money necessary to fund the appropriations under section 20.255 (1) (fw) of the statutes, as created by this act, and section 20.285 (1) (fu) of the statutes.

SB45,1393,5 5. A recommendation about whether the department of administration should undertake the construction and operation of national weather service transmitters.

SB45,1393,16 (d) Review of operational plan. The secretary of administration shall submit the operational plan under paragraph (c ) to the cochairpersons of the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the secretary of administration within 14 working days after the date of the submittal of the operational plan that the joint committee on finance has scheduled a meeting to review the operational plan, the operational plan may be implemented as proposed by the secretary of administration. If, within 14 working days after the date of the submittal of the operational plan, the cochairpersons of the joint committee on finance notify the secretary of administration that the joint committee on finance has scheduled a meeting to review the operational plan, the operational plan may be implemented only upon approval of the joint committee on finance.

SB45,1393,23 (e) Positions decrease. If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board and the board of regents of the University of Wisconsin System to the corporation described under section 39.81 of the statutes, as created by this act, on the effective date of the last license transferred the authorized FTE positions for the University of Wisconsin System are decreased by the number determined under paragraph (c ) 2.

SB45,1394,5 (f) Determination of license transfer date. If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications commission and the board of regents of the University of Wisconsin System to the corporation described under section 39.81 of the statutes, as created by this act, the secretary shall immediately notify the revisor of statutes in writing of the effective date of the last license transferred.

SB45,1394,6 (9) Transfer of college tuition prepayment program.

SB45,1394,11 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the administration of the college tuition prepayment program, as determined by the secretary of administration, shall become the assets and liabilities of the state treasurer.

SB45,1394,16 (b) Employe transfers. All incumbent employes holding positions in the department of administration performing duties primarily related to the administration of the college tuition prepayment program, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the state treasurer.

SB45,1394,22 (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 state treasurer's office that they enjoyed in the department of administration 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.

SB45,1395,2 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to the administration of the college tuition prepayment program, as determined by the secretary of administration, is transferred to the state treasurer.

SB45,1395,8 (e) Contracts. All contracts entered into by the department of administration that are in effect on the effective date of this paragraph and that are primarily related to the administration of the college tuition prepayment program, as determined by the secretary of administration, remain in effect and are transferred to the state treasurer. The state treasurer shall carry out any such contractual obligations until modified or rescinded by the state treasurer to the extent allowed under contract.

SB45,1395,18 (f) Rules and orders. All rules promulgated by the department of administration that are in effect on the effective date of this paragraph and that are primarily related to the administration of the college tuition prepayment program, as determined by the secretary of administration, remain in effect until their specified expiration date or until amended or repealed by the state treasurer. All orders issued by the department of administration that are in effect on the effective date of this paragraph and that are primarily related to the administration of the college tuition prepayment program, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the state treasurer.

SB45,1395,25 (g) Pending matters. Any matters pending with the department of administration on the effective date of this paragraph that are primarily related to the administration of the college tuition prepayment program, as determined by the secretary of administration, are transferred to the state treasurer and all materials submitted to or actions taken by the department of administration with respect to the pending matters are considered as having been submitted or taken by the state treasurer.

SB45,1396,5 (10) Installation of equipment for automated justice information systems. The secretary of administration shall allocate $363,900 in fiscal year 1999-2000 and $1,782,000 in fiscal year 2000-01 from the appropriations under section 20.505 (6) (kt) of the statutes, as affected by this act, and section 20.505 (6) (pc) of the statutes to fund the installation of equipment for automated justice information systems.

SB45,1396,10 (11) Operations relating to automated justice information systems. The secretary of administration shall allocate $446,500 in fiscal year 1999-2000 and $446,500 in fiscal year 2000-01 from the appropriation under section 20.505 (6) (pc) of the statutes to fund the general operations of the department of administration relating to automated justice information systems.

SB45,1396,16 (12) Department of corrections alcohol and other drug abuse programs. The secretary of administration shall allocate $1,000,000 in fiscal year 1999-2000 and $1,000,000 in fiscal year 2000-01 from the appropriations under section 20.505 (6) (kt) of the statutes, as affected by this act, and section 20.505 (6) (pc) of the statutes to fund alcohol and other drug abuse programs in the department of corrections.

SB45,1396,21 (13) Department of corrections information technology. The secretary of administration shall allocate $533,300 in fiscal year 1999-2000 and $1,200,000 in fiscal year 2000-01 from the appropriations under section 20.505 (6) (kt) of the statutes, as affected by this act, and section 20.505 (6) (pc) of the statutes to provide the department of corrections with funding for information technology.

SB45,1397,2 (14) Reimbursement to counties for crime victim and witness services. The secretary of administration shall allocate $850,800 in fiscal year 1999-2000 and $850,800 in fiscal year 2000-01 from the appropriations under section 20.505 (6) (kp) of the statutes, as affected by this act, and section 20.505 (6) (pb) of the statutes to provide reimbursement to counties for providing services to victims and witnesses of crime.

SB45,1397,3 (15) Privatization of public broadcasting towers.

SB45,1397,4 (a) In this subsection:

SB45,1397,5 1. "Department" means the department of administration.

SB45,1397,9 2. "Communications towers" means state-owned or state-leased communications towers that are used for public broadcasting and any related structures, equipment and property, except for the communications tower operated by the Milwaukee area technical college.

SB45,1397,12 (b) The department, after consultation with all other state agencies, shall prepare a report on the privatization of communications towers. The report shall include each of the following:

SB45,1397,13 1. An inventory of all communications towers.

SB45,1397,19 2. A plan for implementing privatization of communications towers, including any plans and specifications for the sale or sublease of communications towers to private bidders and any proposed contract terms for the state to lease back sufficient capacity on communications towers in order to meet the state's current communications needs and for providing for any construction or expansion that is necessary to meet the state's future communications needs.

SB45,1398,3 (c) No later than June 30, 2000, the department shall submit the report under paragraph (b) to the joint committee on finance of the legislature for its review. If the cochairpersons of the committee do not notify the department within 14 working days after the date of submittal of the report that the committee has scheduled a meeting for the purpose of reviewing the report, the plan included in the report may be implemented as proposed by the department. If, within 14 working days after the date of submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the report, the plan may be implemented only upon approval of the committee.

SB45,1398,12 (16) Synar compliance checks. The legislative reference bureau shall prepare legislation authorizing the development of a statewide protocol for licensing authorities and law enforcement agencies in conducting compliance surveys to determine the prevalence of illegal retail sales of tobacco products to underage persons, based on instructions provided by the department of administration. The final instructions for this legislation shall be submitted to the legislative reference bureau by the department of administration not later than March 1, 1999. The secretary of administration shall submit the proposed legislation to the cochairpersons of the joint committee on finance no later than April 1, 1999.

SB45,1398,18 (17) Glass ceiling board initial terms. Notwithstanding section 15.105 (26) of the statutes, as created by this act, of the members first appointed to the glass ceiling board under section 15.105 (26) (b) of the statutes, the governor shall designate 7 members to serve for terms expiring on May 1, 2001; 7 members to serve for terms expiring on May 1, 2002; and 7 members to serve for terms expiring on May 1, 2003.

SB45,1398,24 (18) Determination of costs for pay rate or range adjustments for certain employes of the departments of corrections and health and family services. During the 1999-2001 biennium, the secretary of administration shall determine which costs of the departments of corrections and health and family services may be supplemented from the appropriation accounts under section 20.865 (1) (cb) and (ib) of the statutes, as created by this act.