SB45: Bill Text

SB45, s. 9124 Section 9124. Nonstatutory provisions; historical society.

SB45, s. 9125 Section 9125. Nonstatutory provisions; Housing and Economic Development Authority.

SB45,1409,2 (1) Transfer to Wisconsin development reserve fund. In fiscal year 1999-2000, the Wisconsin Housing and Economic Development Authority shall transfer at least $5,100,000 from the housing rehabilitation loan program administration fund to the Wisconsin development reserve fund, regardless of whether the chairperson of the Wisconsin Housing and Economic Development Authority certifies that the funds are no longer required for the housing rehabilitation loan program under section 234.51 (2) (b) of the statutes, as affected by this act.

SB45, s. 9126 Section 9126. Nonstatutory provisions; insurance.

SB45,1409,5 (1) Grant for establishing small employer health insurance purchasing pools.

SB45,1409,6 (a) In this subsection:

SB45,1409,7 1. "Commissioner" means the commissioner of insurance.

SB45,1409,8 2. "Office" means the office of the commissioner of insurance.

SB45,1409,9 3. "Small employer" has the meaning given in section 635.02 (7) of the statutes.

SB45,1409,13 (b) The office may make a grant of not more than $200,000 from the appropriation under section 20.145 (1) (c) of the statutes, as created by this act, to a private organization for the purpose of establishing health insurance purchasing pools for private small employers if all of the following apply:

SB45,1409,15 1. The private organization submits a plan to the office detailing the proposed use of the grant and the commissioner approves the plan.

SB45,1409,18 2. The private organization enters into a written agreement with the office that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.

SB45,1409,20 3. The private organization agrees in writing to submit to the office the report required under paragraph (c) by the time required under paragraph (c ).

SB45,1409,23 (c) If a private organization receives a grant under this subsection, it shall submit to the office, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

SB45,1409,25 (d) The office may not pay grant proceeds under this subsection after June 30, 2000.

SB45, s. 9127 Section 9127. Nonstatutory provisions; investment board.

SB45,1410,8 (1) Bonus compensation plan for certain employes of the investment board. Notwithstanding section 25.156 (6m) (b) of the statutes, as created by this act, the secretary shall, no later than October 1, 1999, determine which employes of the investment board are investment professionals and eligible for the plan of bonus compensation provided under section 25.156 (6m) (a) of the statutes, as created by this act, for the 1999-2000 fiscal year, and shall report this determination to the investment board.

SB45, s. 9128 Section 9128. Nonstatutory provisions; joint committee on finance.

SB45, s. 9129 Section 9129. Nonstatutory provisions; judicial commission.

SB45, s. 9130 Section 9130. Nonstatutory provisions; justice.

SB45, s. 9131 Section 9131. Nonstatutory provisions; legislature.

SB45, s. 9132 Section 9132. Nonstatutory provisions; lieutenant governor.

SB45, s. 9133 Section 9133. Nonstatutory provisions; lower Wisconsin state riverway board.

SB45, s. 9134 Section 9134. Nonstatutory provisions; Medical College of Wisconsin.

SB45, s. 9135 Section 9135. Nonstatutory provisions; military affairs.

SB45, s. 9136 Section 9136. Nonstatutory provisions; natural resources.

SB45,1411,3 (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 January 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.

SB45,1411,12 (2) Emergency rule-making authority. 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) and (2) (b) 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.

SB45,1411,22 (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.

SB45,1412,6 (4) Drinking water study. During the 2000-01 fiscal year, 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. 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, 2003.

SB45,1412,7 (5) Radio services.

SB45,1412,11 (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.

SB45,1412,15 (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.

SB45,1412,21 (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.

SB45,1413,5 (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.

SB45,1413,16 (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.

SB45,1413,23 (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.

SB45,1414,15 (8) Memorandum of understanding for contaminated transportation construction zones. Not later than January 1, 2000, the secretary of natural resources and the secretary of transportation jointly shall submit to the secretary of administration a memorandum of understanding between the department of natural resources and the department of transportation. The memorandum of understanding shall establish the respective responsibilities of the department of natural resources and the department of transportation for hazardous substances discovered on any property under the jurisdiction of the department of transportation. Any actions to restore the environment or to minimize the harmful effects of the hazardous substances on the property shall be based upon the risk to public health and the environment and shall, to the greatest extent practicable, rely on natural processes of attenuation without human intervention. The memorandum of understanding shall establish a means of resolving disputes between the agencies arising under the memorandum of understanding. The memorandum of understanding does not take effect unless the secretary of administration approves of it in writing to the secretary of natural resources and the secretary of transportation.

SB45,1414,22 (9) Grants for Wheelchair Recycling Project. From the appropriation account 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:

SB45,1414,23 (a) On September 1, 1999, $75,000.

SB45,1414,24 (b) On July 1, 2000, $50,000.

SB45, s. 9137 Section 9137. Nonstatutory provisions; personnel commission.

SB45, s. 9138 Section 9138. Nonstatutory provisions; public defender board.

SB45, s. 9139 Section 9139. Nonstatutory provisions; public instruction.

SB45, s. 9140 Section 9140. Nonstatutory provisions; public lands, board of commissioners of.

SB45, s. 9141 Section 9141. Nonstatutory provisions; public service commission.

SB45,1415,5 (1) Transfer of educational telecommunications access program.

SB45,1415,6 (a) In this subsection:

SB45,1415,8 1. "Board" means the technology for educational achievement in Wisconsin board.

SB45,1415,9 2. "Commission" means the public service commission.

SB45,1415,10 3. "Secretary" means the secretary of administration.

SB45,1415,15 (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:

SB45,1415,22 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.

SB45,1416,3 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.

SB45,1416,7 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.

SB45,1416,13 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.

SB45,1416,17 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.

SB45,1416,18 (2) Submittal of information.

SB45,1416,22 (a) The public service commission shall submit in proposed form the rules required under section 196.02 (7m) (b) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the effective date of this paragraph.

SB45,1417,7 (b) Using the procedure under section 227.24 of the statutes, the public service commission may promulgate rules under section 196.02 (7m) (b) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 196.02 (7m) (b) 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 commission is not required to provide evidence that promulgating a rule under this paragraph 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 paragraph.

SB45,1417,8 (3) Retail choice study.

SB45,1417,11 (a) The public service commission shall conduct a study on implementing retail choice for all consumers of electricity in this state. The study shall address each of the following:

SB45,1417,13 1. The infrastructure changes that are necessary for implementing retail choice and the cost and timing of the changes.

SB45,1417,15 2. The benefits of retail choice to residential, commercial and industrial classes of consumers.

SB45,1417,17 3. A schedule for implementing retail choice for each class of consumers specified in subdivision 2.

SB45,1417,20 4. Recommendations for regulating new market entrants in a manner that ensures equitable treatment of all market participants, including any proposed licensing or certification requirements.

SB45,1417,22 5. The calculation and recovery of the transitional costs incurred in implementing retail choice.

SB45,1417,24 6. The calculation and recovery of stranded costs, including securitization as a means of recovery.

SB45,1418,3 7. The taxation changes that are necessary to ensure the equitable distribution of the tax burden on producers, distributors, marketers and transmitters of electricity in a manner that is revenue neutral.

SB45,1418,7 8. The equitable allocation on all market participants, including cooperative associations organized under chapter 185 of the statutes, of the costs of public benefits programs, including low-income energy assistance and energy efficiency programs.

SB45,1418,8 9. The development and use of renewable energy resources under retail choice.

SB45,1418,11 10. The statutory changes that are necessary to implement retail choice, including any recommended changes to sections 196.85, 196.855 and 196.857 of the statutes.

SB45,1418,13 11. Any other issue that the commission determines is necessary for a comprehensive study of implementing retail choice.

SB45,1418,17 (b) The public service commission shall report the results of the study to the legislature in the manner provided under section 13.172 (2) of the statutes no later than the first day of the 12th month beginning after the effective date of this paragraph.

SB45,1418,18 (4) Transfer of institutional assistance program.

SB45,1418,19 (a) In this subsection:

SB45,1418,21 1. "Board" means the technology for educational achievement in Wisconsin board.

SB45,1418,22 2. "Commission" means the public service commission.

SB45,1418,25 3. "Institutional assistance program" means the assistance for institutions program created by the commission that is described in section PSC 160.11, Wisconsin Administrative Code.

SB45,1419,4 (b) On the effective date of this paragraph, the assets and liabilities of the commission primarily related to the administration of the institutional assistance program, as determined by the secretary of administration, shall become the assets and liabilities of the board.

SB45,1419,8 (c) On the effective date of this paragraph, all tangible personal property, including records, of the commission that is primarily related to the administration of the institutional assistance program, as determined by the secretary of administration, is transferred to the board.

SB45,1419,14 (d) All contracts entered into by the commission in effect on the effective date of this paragraph that are primarily related to the administration of the institutional assistance program, as determined by the secretary of administration, 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.

SB45,1419,22 (e) All rules promulgated by the commission that are in effect on the effective date of this paragraph that are primarily related to the administration of the institutional assistance program, as determined by the secretary of administration, remain in effect until their specified expiration date or until amended or repealed by the board. All orders issued by the commission that are in effect on the effective date of this paragraph that are primarily related to the administration of the institutional assistance program, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the board.

SB45,1420,3 (f) Any matter pending with the commission on the effective date of this paragraph that is primarily related to the administration of the institutional assistance program, as determined by the secretary of administration, is transferred to the board and all materials submitted to or actions taken by the commission with respect to the pending matter are considered as having been submitted to or taken by the board.

SB45, s. 9142 Section 9142. Nonstatutory provisions; regulation and licensing.

SB45,1420,5 (1) Hearing instrument specialist licenses.

SB45,1420,11 (a) The department of regulation and licensing shall pay a renewal fee refund of $150 to a person who holds a valid audiologist license if he or she has held a valid hearing instrument specialist license that was renewed on February 1, 1998, and he or she surrenders the hearing instrument specialist license to the department on or before the first day of the 3rd month beginning after the effective date of this paragraph.

SB45,1420,16 (b) Notwithstanding sections 440.08 (2) (a) 38. and 459.09 of the statutes, as affected by this act, a person that applies to renew a hearing instrument specialist license that expires on February 1, 2001, is required to pay a renewal fee of 50% of the amount specified in section 440.08 (2) (a) 38. of the statutes, as affected by this act.

SB45,1421,3 (2) Proposed legislation; credentialing boards and credential renewal fees. The department of regulation and licensing shall prepare proposed legislation that establishes a regular and orderly process for the department to evaluate the continued necessity of at least 25% of the credentialing boards, as defined in section 440.01 (2) (bm) of the statutes, on an annual basis and for eliminating the credentialing boards that are determined to be unnecessary. The proposed legislation shall also include provisions for establishing credential renewal fees that must be paid by credential holders every 4 years rather than every 2 years as required under current law. No later than August 1, 2000, the department of regulation and licensing shall submit the proposed legislation in proper form to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor.