SB45: Bill Text

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.

SB45, s. 9143 Section 9143. Nonstatutory provisions; revenue.

SB45, s. 9144 Section 9144. Nonstatutory provisions; secretary of state.

SB45, s. 9145 Section 9145. Nonstatutory provisions; state fair park board.

SB45, s. 9146 Section 9146. Nonstatutory provisions; supreme court.

SB45, s. 9147 Section 9147. Nonstatutory provisions; technical college system.

SB45,1421,13 (1) Printing program grant. In the 1999-2000 and 2000-01 fiscal years the state technical college system board shall pay the amount appropriated to the board under section 20.292 (1) (er) of the statutes, as created by this act, to the district board governing Waukesha County Technical College for the development of its printing program.

SB45, s. 9148 Section 9148. Nonstatutory provisions; technology for educational achievement in Wisconsin board.

SB45, s. 9149 Section 9149. Nonstatutory provisions; tourism.

SB45, s. 9150 Section 9150. Nonstatutory provisions; transportation.

SB45,1421,20 (1) Motor vehicle purchase contract service fees. Not later than January 1, 2000, the secretary of transportation shall review section Trans. 139.05 (8) of the Wisconsin Administrative Code and consider the effects of that rule on motor vehicle dealers and consumers.

SB45,1422,2 (2) Richard I. Bong air museum. Of the amounts appropriated to the department of transportation under section 20.395 (2) (nx) of the statutes, the department shall award a grant of $1,000,000 in fiscal year 1999-2000 to the city of Superior for the purpose of constructing the Richard I. Bong air museum in Superior, except that the amount of the grant awarded under this subsection may not exceed 90% of the costs of constructing the air museum.

SB45,1422,7 (3) Milwaukee lakeshore bicycle and pedestrian facilities grants. The department of transportation shall award grants from the appropriation under section 20.395 (2) (ny) of the statutes, as created by this act, to the department of natural resources for the purpose of constructing pedestrian and bicycle facilities along Lake Michigan in the city of Milwaukee.

SB45,1422,13 (4) Statewide trauma care system transfer. On July 1, 2001, there is transferred from the appropriation account under section 20.395 (5) (dq) of the statutes, as affected by this act, to the appropriation account under section 20.435 (1) (a) of the statutes, as affected by this act, the sum of $64,900 for the purposes of the statewide trauma care system under section 146.56 of the statutes, as affected by this act.

SB45,1423,8 (5) Railroad grade crossings committee. There is created a railroad grade crossings committee consisting of 2 members appointed by the secretary of transportation and 2 members appointed by the office of commissioner of railroads. Members shall be appointed within 45 days after the effective date of this subsection. The committee shall review each railroad grade crossing in this state and, if the committee determines that existing warning or safety devices or other conditions at the railroad grade crossing do not adequately protect and promote public safety, may recommend that the office of commissioner of railroads consider improvements to the railroad grade crossing. Committee recommendations shall be made by a majority of the committee members. If no majority of committee members agree on whether to recommend a railroad grade crossing for improvements, the secretary of transportation shall make that recommendation. A majority of committee members may reverse a recommendation made under this subsection by providing notice of the reversal to the office of commissioner of railroads and the secretary of transportation. The committee shall maintain a railroad grade crossings database, shall establish threshold requirements for recommendations under this subsection and shall recommend to the secretary of transportation desirable funding levels for the railroad crossing improvement program. The committee shall cease to exist when the committee has reviewed every railroad grade crossing in this state and made its final recommendations, or on July 1, 2002, whichever occurs sooner.

SB45,1423,12 (6) Radio services positions. The authorized FTE positions for the department of transportation are increased by 7.0 SEG positions, to be funded from the appropriation under section 20.395 (5) (dq) of the statutes, as affected by this act, for the performance of duties primarily related to radio services.

SB45, s. 9151 Section 9151. Nonstatutory provisions; treasurer.

SB45,1423,17 (1) Unclaimed property transitional provision. The renumbering of section 177.01 (10) of the statutes and the creation of section 177.01 (10) (b) of the statutes do not apply to abandoned property delivered to the state treasurer before the effective date of this subsection.

SB45, s. 9152 Section 9152. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Authority.

SB45, s. 9153 Section 9153. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Board.

SB45, s. 9154 Section 9154. Nonstatutory provisions; University of Wisconsin System.

SB45,1423,21 (1) Position authorization.

SB45,1424,14 (a) Notwithstanding section 16.505 (1) of the statutes, as affected by this act, during the 1999-2001 biennium, the board of regents of the University of Wisconsin System may propose to increase its authorized FTE positions that are funded, in whole or in part, with general purpose revenues by not more than 1% above the level authorized for the board under section 16.505 (1) of the statutes, as affected by this act. The board shall submit any proposal under this subsection to the secretaries of administration and employment relations for approval, together with its methodology for accounting for the cost of funding these positions. The secretaries of administration and employment relations may only approve a proposal if the incremental costs for these positions, as determined by the secretaries of administration and employment relations, are not to be included in any subsequent request submitted by the board under section 16.42 (1) of the statutes, as affected by this act. If the secretaries of administration and employment relations jointly approve the proposal, the positions are authorized.

SB45,1424,17 (b) During the 1999-2001 biennium, the board may not include in any certification to the department of administration under section 20.928 (1) of the statutes any sum to pay any costs of a position authorized under this subsection.

SB45,1424,22 (c) No later than the last day of the month following completion of each calendar quarter, the board shall report to the secretaries of administration and employment relations concerning the number of authorized positions under this subsection that have been filled by the board during the preceding calendar quarter and the source of funding for each such position.

SB45,1425,5 (2) University of Wisconsin center for tobacco research and intervention. The board of regents of the University of Wisconsin System shall allocate $1,000,000 in fiscal year 1999-2000 and $1,000,000 in fiscal year 2000-01 from the appropriation under section 20.285 (1) (a) of the statutes, as affected by this act, to advance the work of the University of Wisconsin center for tobacco research and intervention in developing new educational programs to discourage tobacco use, determining the most effective strategies for preventing tobacco use and expanding smoking cessation programs throughout the state.

SB45, s. 9155 Section 9155. Nonstatutory provisions; veterans affairs.

SB45, s. 9156 Section 9156. Nonstatutory provisions; World Dairy Center Authority.