Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1433,5 (5pL) Urban forestry grant for Burnett County. From the appropriation under section 20.370 (5) (bw) of the statutes, as affected by this act, the department of natural resources shall provide $25,000 in fiscal year 2001-02 to Burnett County to provide funding to Burnett County under section 23.097 of the statutes, as affected by this act.

SB55-ASA1-AA1,1433,9 (5pm) Urban forestry grant for Waupaca. From the appropriation under section 20.370 (5) (bw) of the statutes, as affected by this act, the department of natural resources shall provide $15,000 in fiscal year 2001-02 and $15,000 in fiscal year 2002-03 to the city of Waupaca for a tree planting demonstration project.".

SB55-ASA1-AA1,1433,12 1954. Page 1346, line 17: delete "$50,000 in fiscal year 2001-02 and $50,000" and substitute "$15,000 in fiscal year 2001-02 and the department of fish, wildlife, parks, and forestry shall provide $15,000".

SB55-ASA1-AA1,1433,14 1955. Page 1346, line 21: after "and" insert "the department of fish, wildlife, parks, and forestry shall provide".

SB55-ASA1-AA1,1433,16 1956. Page 1346, line 23: delete the material beginning with that line and ending with page 1347, line 2.

SB55-ASA1-AA1,1433,18 1957. Page 1347, line 5: after "and" insert "the department of fish, wildlife, parks, and forestry shall provide".

SB55-ASA1-AA1,1433,20 1958. Page 1347, line 11: after "resources" insert "or, after June 30, 2002, the department of fish, wildlife, parks, and forestry".

SB55-ASA1-AA1,1433,21 1959. Page 1347, line 19: after that line insert:

SB55-ASA1-AA1,1433,22 "(6n) Piers and boat shelters.

SB55-ASA1-AA1,1434,3 (a) Proposed rules. The department of natural resources shall submit in proposed form the rules required under sections 30.12 (3m), 30.121 (6m), 30.13 (7), and 30.131 (4) 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 first day of the 13th month beginning after the effective date of this subsection.

SB55-ASA1-AA1,1434,13 (b) Emergency rules. The department of natural resources may use the procedures under section 227.24 of the statutes to promulgate emergency rules under sections 30.12 (3m), 30.121 (6m), 30.13 (7), and 30.131 (4) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect until the date on which permanent rules take effect. 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.".

SB55-ASA1-AA1,1434,15 1960. Page 1347, line 22: after "resources" insert "or, after June 30, 2002, the department of fish, wildlife, parks, and forestry".

SB55-ASA1-AA1,1434,16 1961. Page 1348, line 6: after that line insert:

SB55-ASA1-AA1,1434,17 "(8nL) Transfers to the department of environmental management.

SB55-ASA1-AA1,1434,20 (a) Assets and liabilities. On July 1, 2002, the following assets and liabilities of the department of natural resources shall become the assets and liabilities of the department of environmental management:

SB55-ASA1-AA1,1434,22 1. The assets and liabilities that are primarily related to the functions of the division of air and waste.

SB55-ASA1-AA1,1435,3 2. The assets and liabilities that are primarily related to the functions of the bureaus of watershed management, drinking water and groundwater, and cooperative environmental assistance.

SB55-ASA1-AA1,1435,6 3. The assets and liabilities that are primarily related to those functions of the bureau of fisheries management and habitat protection that relate to dams and to lake, river, and wetlands protection.

SB55-ASA1-AA1,1435,11 4. The assets and liabilities that are primarily related to those functions of the divisions of enforcement and science, administration and technology, and customer assistance and external relations, other than the bureau of cooperative environmental assistance, that are assigned to the department of environmental management by this act.

SB55-ASA1-AA1,1435,14 5. Any other assets and liabilities related to the administrative functions of the department of natural resources that the secretary of natural resources determines should be transferred.

SB55-ASA1-AA1,1435,17 (b) Employee transfers. On July 1, 2002, all of the following classified positions in the department of natural resources and the incumbents in the positions are transferred to the department of environmental management:

SB55-ASA1-AA1,1435,19 1. The classified positions and the incumbents in the positions in the division of air and waste.

SB55-ASA1-AA1,1435,22 2. The classified positions and the incumbents in the positions in the bureaus of watershed management, drinking water and groundwater, and cooperative environmental assistance.

SB55-ASA1-AA1,1435,25 3. The classified positions and the incumbents in the positions in the bureau of fisheries management and habitat protection that are primarily related to dams and to lake, river, and wetlands protection.

SB55-ASA1-AA1,1436,5 4. The classified positions and the incumbents in the positions that are primarily related to those functions of the divisions of enforcement and science, administration and technology, and customer assistance and external relations, other than the bureau of cooperative environmental assistance, that are assigned to the department of environmental management by this act.

SB55-ASA1-AA1,1436,8 5. Any other classified positions and the incumbents in the positions related to the administrative functions of the department of natural resources that the secretary of natural resources determines should be transferred.

SB55-ASA1-AA1,1436,14 (c) Employee status. Employees transferred under paragraph (b) shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of environmental management that they enjoyed in the department of natural resources immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB55-ASA1-AA1,1436,17 (d) Tangible personal property. On July 1, 2002, all of the following tangible personal property, including records, of the department of natural resources shall be transferred to the department of environmental management:

SB55-ASA1-AA1,1436,19 1. The tangible personal property, including records, primarily related to the functions of the division of air and waste.

SB55-ASA1-AA1,1436,22 2. The tangible personal property, including records, primarily related to the functions of the bureaus of watershed management, drinking water and groundwater, and cooperative environmental assistance.

SB55-ASA1-AA1,1436,25 3. The tangible personal property, including records, primarily related to those functions of the bureau of fisheries management and habitat protection that relate to dams and to lake, river, and wetlands protection.

SB55-ASA1-AA1,1437,5 4. The tangible personal property, including records, primarily related to those functions of the divisions of enforcement and science, administration and technology, and customer assistance and external relations, other than the bureau of cooperative environmental assistance, that are assigned to the department of environmental management by this act.

SB55-ASA1-AA1,1437,8 5. Any other tangible personal property related to the administrative functions of the department of natural resources that the secretary of natural resources determines should be transferred.

SB55-ASA1-AA1,1437,11 (e) Contracts transferred. The following contracts entered into by the department of natural resources in effect on July 1, 2002, remain in effect and are transferred to the department of environmental management on July 1, 2002:

SB55-ASA1-AA1,1437,13 1. Contracts that are primarily related to the functions of the division of air and waste.

SB55-ASA1-AA1,1437,16 2. Contracts that are primarily related to the functions of the bureaus of watershed management, drinking water and groundwater, and cooperative environmental assistance.

SB55-ASA1-AA1,1437,19 3. Contracts that are primarily related to those functions of the bureau of fisheries management and habitat protection that relate to dams and to lake, river, and wetlands protection.

SB55-ASA1-AA1,1437,24 4. Contracts that are primarily related to those functions of the divisions of enforcement and science, administration and technology, and customer assistance and external relations, other than the bureau of cooperative environmental assistance, that are assigned to the department of environmental management by this act.

SB55-ASA1-AA1,1438,3 5. Any other contracts related to the administrative functions of the department of natural resources that the secretary of natural resources determines should be transferred.

SB55-ASA1-AA1,1438,7 (f) Contracts carried out. The department of environmental management shall carry out the obligations in a contract under paragraph (e) except to the extent that the contract is modified or rescinded by the department of environmental management in a manner allowed under the contract.

SB55-ASA1-AA1,1438,8 (g) Rules and orders.

SB55-ASA1-AA1,1438,13 1. The following rules promulgated and orders issued by the department of natural resources that are in effect on June 30, 2002, shall be considered rules and orders of the department of environmental management and shall remain in effect until their specified effective dates or until modified, repealed, or rescinded by the department of environmental management:

SB55-ASA1-AA1,1438,15 a. The rules and orders that are primarily related to the functions of the division of air and waste.

SB55-ASA1-AA1,1438,18 b. The rules and orders that are primarily related to the functions of the bureaus of watershed management, drinking water and groundwater, and cooperative environmental assistance.

SB55-ASA1-AA1,1438,21 c. The rules and orders that are primarily related to those functions of the bureau of fisheries management and habitat protection that relate to dams and to lake, river, and wetlands protection.

SB55-ASA1-AA1,1439,2 d. The rules and orders that are primarily related to those functions of the divisions of enforcement and science, administration and technology, and customer assistance and external relations, other than the bureau of cooperative environmental assistance, that are assigned to the department of environmental management by this act.

SB55-ASA1-AA1,1439,8 2. In the rules and orders under subdivision 1., references to the secretary or department of natural resources or to an officer or employee of the department of natural resources transferred under this act to the department of environmental management shall be treated as references to the secretary or department of environmental management or to an officer or employee of the department of environmental management.

SB55-ASA1-AA1,1439,14 (h) Pending matters. The following matters pending with the department of natural resources on June 30, 2002, are transferred to the department of environmental management on July 1, 2002, and all materials submitted to or actions taken by the department of natural resources with respect to the following pending matters are considered as having been submitted to or taken by the department of environmental management:

SB55-ASA1-AA1,1439,16 1. Pending matters that are primarily related to the functions of the division of air and waste.

SB55-ASA1-AA1,1439,19 2. Pending matters that are primarily related to the functions of the bureaus of watershed management, drinking water and groundwater, and cooperative environmental assistance.

SB55-ASA1-AA1,1439,22 3. Pending matters that are primarily related to those functions of the bureau of fisheries management and habitat protection that relate to dams and to lake, river, and wetlands protection.

SB55-ASA1-AA1,1440,2 4. Pending matters that are primarily related to those functions of the divisions of enforcement and science, administration and technology, and customer assistance and external relations, other than the bureau of cooperative environmental assistance, that are assigned to the department of environmental management by this act.

SB55-ASA1-AA1,1440,4 5. Any other pending maters relating to the administration of the department that the secretary of natural resources determines should be transferred.

SB55-ASA1-AA1,1440,9 (i) Dispute resolution. The secretary of environmental management or the secretary of fish, wildlife, parks, and forestry may, after July 1, 2002, and before July 1, 2003, request the joint committee on finance to modify the transfers provided under paragraphs (a), (b), (d), (e), and (h). The committee may make those transfers as requested or as modified by the committee.

SB55-ASA1-AA1,1440,10 (8nm) Appropriation transfers.

SB55-ASA1-AA1,1440,20 (a) Plan. The legislative fiscal bureau shall, no later than February 1, 2002, submit to the cochairpersons of the joint committee on finance a plan to take effect on July 1, 2002, for transferring within the department of fish, wildlife, parks, and forestry and to the department of environmental management funds appropriated under section 20.370 of the statutes for fiscal year 2002-03 and for allocating the reduction under Section 9159 (1) (a) for the department of natural resources for fiscal year 2002-03 between the departments. The legislative fiscal bureau shall formulate the plan in accordance with the appropriation structure created by this act and with the following table, adjusted to reflect the amounts actually appropriated under the 2001-03 this act: - See PDF for table

SB55-ASA1-AA1,1443,3 (b) Implementation. The joint committee on finance may implement the plan under paragraph (a) as submitted by the legislative fiscal bureau or may modify the plan and implement it as modified.

SB55-ASA1-AA1,1443,4 (8nn) Appointment of boards and secretaries.

SB55-ASA1-AA1,1443,19 (a) Early appointment. Notwithstanding the effective dates of the treatments of sections 15.33 and 15.34 of the statutes by this act, the governor may nominate and with the advice and consent of the senate appoint members of the environmental management board and of the fish, wildlife, parks, and forestry board beginning on January 1, 2002. The board members appointed under this paragraph may advise the secretary of natural resources, the department of administration, and the joint committee on finance concerning the issues under subsections (1) and (2). Notwithstanding the effective date of the treatment of section 15.05 (1) (b), (c), and (e) of the statutes by this act, before July 1, 2002, the members of the environmental management board appointed under this paragraph may nominate and with the approval of the governor appoint the secretary of environmental management to take office on July 1, 2002, and the members of the fish, wildlife, parks, and forestry board appointed under this paragraph may nominate and with the approval of the governor appoint the secretary of fish, wildlife, parks, and forestry to take office on July 1, 2002.

SB55-ASA1-AA1,1443,23 (b) Terms of initial members of environmental management board. Notwithstanding the lengths of terms specified in section 15.33 of the statutes, as created by this act, the terms of the initial members of the environmental management board shall be appointed for terms that expire as follows:

SB55-ASA1-AA1,1443,24 1. Two members for terms that expire on May 1, 2003.

SB55-ASA1-AA1,1443,25 2. Two members for terms that expire on May 1, 2005.

SB55-ASA1-AA1,1444,1 3. Two members for terms that expire on May 1, 2007.

SB55-ASA1-AA1,1444,5 (c) Terms of initial members of fish, wildlife, parks, and forestry board. Notwithstanding the lengths of terms specified in section 15.34 of the statutes, as affected by this act, the terms of the initial members of the fish, wildlife, parks, and forestry board shall be appointed for terms that expire as follows:

SB55-ASA1-AA1,1444,6 1. Two members for terms that expire on May 1, 2003.

SB55-ASA1-AA1,1444,7 2. Two members for terms that expire on May 1, 2005.

SB55-ASA1-AA1,1444,8 3. Two members for terms that expire on May 1, 2007.

SB55-ASA1-AA1,1444,11 (d) Natural resources board. The terms of the members of the natural resources board appointed under section 15.34, 1999 stats., who are serving on June 30, 2002, terminate on July 1, 2003.".

SB55-ASA1-AA1,1444,12 1962. Page 1348, line 6: after that line insert:

SB55-ASA1-AA1,1444,19 "(9n) Southeastern Wisconsin Fox River commission. The department of natural resources shall provide in fiscal year 2001-02, from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, $200,000 for the Southeastern Wisconsin Fox River commission. The commission may use these funds for its activities authorized under subchapter VI of chapter 33 of the statutes and for providing matching funding for any grants that the commission may be able to obtain.".

SB55-ASA1-AA1,1444,20 1963. Page 1348, line 6: after that line insert:

SB55-ASA1-AA1,1445,3 "(8q) Lake management grant for Fish Lake. From the appropriation under section 20.370 (6) (ar) of the statutes, the department of natural resources during fiscal year 2001-02 shall provide a lake management grant of $200,000 to Dane County for water quality and lake level improvements for Fish Lake and Mud Lake in Dane County and Crystal Lake located in both Dane County and Columbia County. The 75% limitation under section 281.69 (2) (a) of the statutes does not apply to this grant.".

SB55-ASA1-AA1,1445,4 1964. Page 1348, line 6: after that line insert:

SB55-ASA1-AA1,1445,10 "(8b) Release of easement. No later than 30 days after the effective date of this subsection, the department of natural resources shall release a portion of its easement located on certain land owned by Design Homes Incorporated in the village of Wauzeka so that the landowner may construct private residences on the land. The landowner shall specify the portion of the property upon which the easement shall be released.".

SB55-ASA1-AA1,1445,11 1965. Page 1348, line 6: after that line insert:

SB55-ASA1-AA1,1445,14 "(8g) Lakeshore basin council. Notwithstanding the length of term specified for the members of the Lakeshore basin council under s. 15.347 (18) (intro.), as created by this act, the initial members shall be appointed for the following terms:

SB55-ASA1-AA1,1445,16 (a) The member appointed from Kewaunee county for a term expiring on July 1, 2003.

SB55-ASA1-AA1,1445,18 (b) The member appointed from Brown county for a term expiring on July 1, 2005.

SB55-ASA1-AA1,1445,20 (c) The member appointed from Door county for a term expiring on July 1, 2007.".

SB55-ASA1-AA1,1445,21 1966. Page 1349, line 10: after that line insert:

SB55-ASA1-AA1,1446,2 "(5w) Wisconsin Humanities Council. Notwithstanding sections 20.255 (2) (cf) and 115.366 (1) of the statutes, from the amount appropriated to the department of public instruction under section 20.255 (2) (cf) of the statutes in the 2001-02 fiscal year, the department shall pay $50,000 to the Wisconsin Humanities Council to organize and plan the Wisconsin Book Festival.".

SB55-ASA1-AA1,1446,3 1967. Page 1349, line 10: after that line insert:

SB55-ASA1-AA1,1446,19 "(3q) Deaf and hard-of-hearing education council. Notwithstanding the length of term specified in section 15.377 (2) of the statutes, as affected by this act, one of the initial members of the deaf and hard-of-hearing education council appointed under section 15.377 (2) (a) of the statutes, as affected by this act, one of the initial members appointed under section 15.377 (2) (i) of the statutes, as affected by this act, the initial member appointed under section 15.377 (2) (b) of the statutes, as affected by this act, and the initial member appointed under section 15.377 (2) (c) of the statutes, as affected by this act, shall serve for terms expiring on July 1, 2002; the initial member appointed under section 15.377 (2) (d), (e) and (f) of the statutes, as affected by this act, and one of the initial members appointed under section 15.377 (2) (i) of the statutes, as affected by this act, shall serve for terms expiring on July 1, 2003; and the initial member appointed under section 15.377 (2) (g) and (h) of the statutes, as affected by this act, one of the initial members appointed under section 15.377 (2) (a) of the statutes, as affected by this act, and one of the members appointed under section 15.377 (2) (i) of the statutes, as affected by this act, shall serve for terms expiring on July 1, 2004.".

SB55-ASA1-AA1,1446,21 1968. Page 1350, line 13: delete the material beginning with "section" and ending with "act" on line 14 and substitute "Section 9149 (3mk) of this act".

SB55-ASA1-AA1,1446,22 1969. Page 1350, line 14: after that line insert:

SB55-ASA1-AA1,1447,10 (10f) Joint legislative council study on special education. The joint council is requested to conduct a study of criteria to determine a pupil's need for special education services; the extent of the problem of providing special education services to violent pupils and recommendations on how to address the problem; the availability of alternative regular education programs that might be more appropriate for pupils currently enrolled in special education programs; the impact of statewide, standardized tests on referrals to special education; current training of special education teachers; and whether it is possible to recover a larger percentage of medical assistance funds for the provision of special education services. 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 June 30, 2003.".

SB55-ASA1-AA1,1447,11 1970. Page 1350, line 14: after that line insert:

SB55-ASA1-AA1,1447,16 "(10k) Joint legislative council study on school financing. The joint legislative council is requested to conduct a study of school financing. 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 June 30, 2003.".

SB55-ASA1-AA1,1447,17 1971. Page 1350, line 14: after that line insert: