SB55-ASA1-AA1,1433,5
1(5pL) Urban forestry grant for Burnett County. From the appropriation
2under section 20.370 (5) (bw) of the statutes, as affected by this act, the department
3of natural resources shall provide $25,000 in fiscal year 2001-02 to Burnett County
4to provide funding to Burnett County under section 23.097 of the statutes, as affected
5by this act.
SB55-ASA1-AA1,1433,9 6(5pm) Urban forestry grant for Waupaca. From the appropriation under
7section 20.370 (5) (bw) of the statutes, as affected by this act, the department of
8natural resources shall provide $15,000 in fiscal year 2001-02 and $15,000 in fiscal
9year 2002-03 to the city of Waupaca for a tree planting demonstration project.".
SB55-ASA1-AA1,1433,12 101954. Page 1346, line 17: delete "$50,000 in fiscal year 2001-02 and $50,000"
11and substitute "$15,000 in fiscal year 2001-02 and the department of fish, wildlife,
12parks, and forestry shall provide $15,000".
SB55-ASA1-AA1,1433,14 131955. Page 1346, line 21: after "and" insert "the department of fish, wildlife,
14parks, and forestry shall provide".
SB55-ASA1-AA1,1433,16 151956. Page 1346, line 23: delete the material beginning with that line and
16ending with page 1347, line 2.
SB55-ASA1-AA1,1433,18 171957. Page 1347, line 5: after "and" insert "the department of fish, wildlife,
18parks, and forestry shall provide".
SB55-ASA1-AA1,1433,20 191958. Page 1347, line 11: after "resources" insert "or, after June 30, 2002, the
20department of fish, wildlife, parks, and forestry".
SB55-ASA1-AA1,1433,21 211959. Page 1347, line 19: after that line insert:
SB55-ASA1-AA1,1433,22 22"(6n) Piers and boat shelters.
SB55-ASA1-AA1,1434,3 23(a) Proposed rules. The department of natural resources shall submit in
24proposed form the rules required under sections 30.12 (3m), 30.121 (6m), 30.13 (7),

1and 30.131 (4) of the statutes, as created by this act, to the legislative council staff
2under section 227.15 (1) of the statutes no later than the first day of the 13th month
3beginning after the effective date of this subsection.
SB55-ASA1-AA1,1434,13 4(b) Emergency rules. The department of natural resources may use the
5procedures under section 227.24 of the statutes to promulgate emergency rules
6under sections 30.12 (3m), 30.121 (6m), 30.13 (7), and 30.131 (4) of the statutes, as
7created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the
8emergency rules may remain in effect until the date on which permanent rules take
9effect. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department
10is not required to provide evidence that promulgating a rule under this subsection
11as an emergency rule is necessary for the preservation of public peace, health, safety,
12or welfare and is not required to provide a finding of emergency for a rule
13promulgated under this subsection.".
SB55-ASA1-AA1,1434,15 141960. Page 1347, line 22: after "resources" insert "or, after June 30, 2002, the
15department of fish, wildlife, parks, and forestry".
SB55-ASA1-AA1,1434,16 161961. Page 1348, line 6: after that line insert:
SB55-ASA1-AA1,1434,17 17"(8nL) Transfers to the department of environmental management.
SB55-ASA1-AA1,1434,20 18(a) Assets and liabilities. On July 1, 2002, the following assets and liabilities
19of the department of natural resources shall become the assets and liabilities of the
20department of environmental management:
SB55-ASA1-AA1,1434,22 211. The assets and liabilities that are primarily related to the functions of the
22division of air and waste.
SB55-ASA1-AA1,1435,3
12. The assets and liabilities that are primarily related to the functions of the
2bureaus of watershed management, drinking water and groundwater, and
3cooperative environmental assistance.
SB55-ASA1-AA1,1435,6 43. The assets and liabilities that are primarily related to those functions of the
5bureau of fisheries management and habitat protection that relate to dams and to
6lake, river, and wetlands protection.
SB55-ASA1-AA1,1435,11 74. The assets and liabilities that are primarily related to those functions of the
8divisions of enforcement and science, administration and technology, and customer
9assistance and external relations, other than the bureau of cooperative
10environmental assistance, that are assigned to the department of environmental
11management by this act.
SB55-ASA1-AA1,1435,14 125. Any other assets and liabilities related to the administrative functions of the
13department of natural resources that the secretary of natural resources determines
14should be transferred.
SB55-ASA1-AA1,1435,17 15(b) Employee transfers. On July 1, 2002, all of the following classified positions
16in the department of natural resources and the incumbents in the positions are
17transferred to the department of environmental management:
SB55-ASA1-AA1,1435,19 181. The classified positions and the incumbents in the positions in the division
19of air and waste.
SB55-ASA1-AA1,1435,22 202. The classified positions and the incumbents in the positions in the bureaus
21of watershed management, drinking water and groundwater, and cooperative
22environmental assistance.
SB55-ASA1-AA1,1435,25 233. The classified positions and the incumbents in the positions in the bureau
24of fisheries management and habitat protection that are primarily related to dams
25and to lake, river, and wetlands protection.
SB55-ASA1-AA1,1436,5
14. The classified positions and the incumbents in the positions that are
2primarily related to those functions of the divisions of enforcement and science,
3administration and technology, and customer assistance and external relations,
4other than the bureau of cooperative environmental assistance, that are assigned to
5the department of environmental management by this act.
SB55-ASA1-AA1,1436,8 65. Any other classified positions and the incumbents in the positions related
7to the administrative functions of the department of natural resources that the
8secretary of natural resources determines should be transferred.
SB55-ASA1-AA1,1436,14 9(c) Employee status. Employees transferred under paragraph (b) shall have the
10same rights and status under subchapter V of chapter 111 and chapter 230 of the
11statutes in the department of environmental management that they enjoyed in the
12department of natural resources immediately before the transfer. Notwithstanding
13section 230.28 (4) of the statutes, no employee so transferred who has attained
14permanent status in class is required to serve a probationary period.
SB55-ASA1-AA1,1436,17 15(d) Tangible personal property. On July 1, 2002, all of the following tangible
16personal property, including records, of the department of natural resources shall be
17transferred to the department of environmental management:
SB55-ASA1-AA1,1436,19 181. The tangible personal property, including records, primarily related to the
19functions of the division of air and waste.
SB55-ASA1-AA1,1436,22 202. The tangible personal property, including records, primarily related to the
21functions of the bureaus of watershed management, drinking water and
22groundwater, and cooperative environmental assistance.
SB55-ASA1-AA1,1436,25 233. The tangible personal property, including records, primarily related to those
24functions of the bureau of fisheries management and habitat protection that relate
25to dams and to lake, river, and wetlands protection.
SB55-ASA1-AA1,1437,5
14. The tangible personal property, including records, primarily related to those
2functions of the divisions of enforcement and science, administration and technology,
3and customer assistance and external relations, other than the bureau of cooperative
4environmental assistance, that are assigned to the department of environmental
5management by this act.
SB55-ASA1-AA1,1437,8 65. Any other tangible personal property related to the administrative functions
7of the department of natural resources that the secretary of natural resources
8determines should be transferred.
SB55-ASA1-AA1,1437,11 9(e) Contracts transferred. The following contracts entered into by the
10department of natural resources in effect on July 1, 2002, remain in effect and are
11transferred to the department of environmental management on July 1, 2002:
SB55-ASA1-AA1,1437,13 121. Contracts that are primarily related to the functions of the division of air and
13waste.
SB55-ASA1-AA1,1437,16 142. Contracts that are primarily related to the functions of the bureaus of
15watershed management, drinking water and groundwater, and cooperative
16environmental assistance.
SB55-ASA1-AA1,1437,19 173. Contracts that are primarily related to those functions of the bureau of
18fisheries management and habitat protection that relate to dams and to lake, river,
19and wetlands protection.
SB55-ASA1-AA1,1437,24 204. Contracts that are primarily related to those functions of the divisions of
21enforcement and science, administration and technology, and customer assistance
22and external relations, other than the bureau of cooperative environmental
23assistance, that are assigned to the department of environmental management by
24this act.
SB55-ASA1-AA1,1438,3
15. Any other contracts related to the administrative functions of the
2department of natural resources that the secretary of natural resources determines
3should be transferred.
SB55-ASA1-AA1,1438,7 4(f) Contracts carried out. The department of environmental management shall
5carry out the obligations in a contract under paragraph (e) except to the extent that
6the contract is modified or rescinded by the department of environmental
7management in a manner allowed under the contract.
SB55-ASA1-AA1,1438,8 8(g) Rules and orders.
SB55-ASA1-AA1,1438,13 91. The following rules promulgated and orders issued by the department of
10natural resources that are in effect on June 30, 2002, shall be considered rules and
11orders of the department of environmental management and shall remain in effect
12until their specified effective dates or until modified, repealed, or rescinded by the
13department of environmental management:
SB55-ASA1-AA1,1438,15 14a. The rules and orders that are primarily related to the functions of the
15division of air and waste.
SB55-ASA1-AA1,1438,18 16b. The rules and orders that are primarily related to the functions of the
17bureaus of watershed management, drinking water and groundwater, and
18cooperative environmental assistance.
SB55-ASA1-AA1,1438,21 19c. The rules and orders that are primarily related to those functions of the
20bureau of fisheries management and habitat protection that relate to dams and to
21lake, river, and wetlands protection.
SB55-ASA1-AA1,1439,2 22d. The rules and orders that are primarily related to those functions of the
23divisions of enforcement and science, administration and technology, and customer
24assistance and external relations, other than the bureau of cooperative

1environmental assistance, that are assigned to the department of environmental
2management by this act.
SB55-ASA1-AA1,1439,8 32. In the rules and orders under subdivision 1., references to the secretary or
4department of natural resources or to an officer or employee of the department of
5natural resources transferred under this act to the department of environmental
6management shall be treated as references to the secretary or department of
7environmental management or to an officer or employee of the department of
8environmental management.
SB55-ASA1-AA1,1439,14 9(h) Pending matters. The following matters pending with the department of
10natural resources on June 30, 2002, are transferred to the department of
11environmental management on July 1, 2002, and all materials submitted to or
12actions taken by the department of natural resources with respect to the following
13pending matters are considered as having been submitted to or taken by the
14department of environmental management:
SB55-ASA1-AA1,1439,16 151. Pending matters that are primarily related to the functions of the division
16of air and waste.
SB55-ASA1-AA1,1439,19 172. Pending matters that are primarily related to the functions of the bureaus
18of watershed management, drinking water and groundwater, and cooperative
19environmental assistance.
SB55-ASA1-AA1,1439,22 203. Pending matters that are primarily related to those functions of the bureau
21of fisheries management and habitat protection that relate to dams and to lake, river,
22and wetlands protection.
SB55-ASA1-AA1,1440,2 234. Pending matters that are primarily related to those functions of the divisions
24of enforcement and science, administration and technology, and customer assistance
25and external relations, other than the bureau of cooperative environmental

1assistance, that are assigned to the department of environmental management by
2this act.
SB55-ASA1-AA1,1440,4 35. Any other pending maters relating to the administration of the department
4that the secretary of natural resources determines should be transferred.
SB55-ASA1-AA1,1440,9 5(i) Dispute resolution. The secretary of environmental management or the
6secretary of fish, wildlife, parks, and forestry may, after July 1, 2002, and before July
71, 2003, request the joint committee on finance to modify the transfers provided
8under paragraphs (a), (b), (d), (e), and (h). The committee may make those transfers
9as requested or as modified by the committee.
SB55-ASA1-AA1,1440,10 10(8nm) Appropriation transfers.
SB55-ASA1-AA1,1440,20 11(a) Plan. The legislative fiscal bureau shall, no later than February 1, 2002,
12submit to the cochairpersons of the joint committee on finance a plan to take effect
13on July 1, 2002, for transferring within the department of fish, wildlife, parks, and
14forestry and to the department of environmental management funds appropriated
15under section 20.370 of the statutes for fiscal year 2002-03 and for allocating the
16reduction under Section 9159 (1) (a) for the department of natural resources for
17fiscal year 2002-03 between the departments. The legislative fiscal bureau shall
18formulate the plan in accordance with the appropriation structure created by this act
19and with the following table, adjusted to reflect the amounts actually appropriated
20under the 2001-03 this act: - See PDF for table PDF
SB55-ASA1-AA1,1443,3
1(b) Implementation. The joint committee on finance may implement the plan
2under paragraph (a) as submitted by the legislative fiscal bureau or may modify the
3plan and implement it as modified.
SB55-ASA1-AA1,1443,4 4(8nn) Appointment of boards and secretaries.
SB55-ASA1-AA1,1443,19 5(a) Early appointment. Notwithstanding the effective dates of the treatments
6of sections 15.33 and 15.34 of the statutes by this act, the governor may nominate and
7with the advice and consent of the senate appoint members of the environmental
8management board and of the fish, wildlife, parks, and forestry board beginning on
9January 1, 2002. The board members appointed under this paragraph may advise
10the secretary of natural resources, the department of administration, and the joint
11committee on finance concerning the issues under subsections (1) and (2).
12Notwithstanding the effective date of the treatment of section 15.05 (1) (b), (c), and
13(e) of the statutes by this act, before July 1, 2002, the members of the environmental
14management board appointed under this paragraph may nominate and with the
15approval of the governor appoint the secretary of environmental management to
16take office on July 1, 2002, and the members of the fish, wildlife, parks, and forestry
17board appointed under this paragraph may nominate and with the approval of the
18governor appoint the secretary of fish, wildlife, parks, and forestry to take office on
19July 1, 2002.
SB55-ASA1-AA1,1443,23 20(b) Terms of initial members of environmental management board.
21Notwithstanding the lengths of terms specified in section 15.33 of the statutes, as
22created by this act, the terms of the initial members of the environmental
23management board shall be appointed for terms that expire as follows:
SB55-ASA1-AA1,1443,24 241. Two members for terms that expire on May 1, 2003.
SB55-ASA1-AA1,1443,25 252. Two members for terms that expire on May 1, 2005.
SB55-ASA1-AA1,1444,1
13. Two members for terms that expire on May 1, 2007.
SB55-ASA1-AA1,1444,5 2(c) Terms of initial members of fish, wildlife, parks, and forestry board.
3Notwithstanding the lengths of terms specified in section 15.34 of the statutes, as
4affected by this act, the terms of the initial members of the fish, wildlife, parks, and
5forestry board shall be appointed for terms that expire as follows:
SB55-ASA1-AA1,1444,6 61. Two members for terms that expire on May 1, 2003.
SB55-ASA1-AA1,1444,7 72. Two members for terms that expire on May 1, 2005.
SB55-ASA1-AA1,1444,8 83. Two members for terms that expire on May 1, 2007.
SB55-ASA1-AA1,1444,11 9(d) Natural resources board. The terms of the members of the natural resources
10board appointed under section 15.34, 1999 stats., who are serving on June 30, 2002,
11terminate on July 1, 2003.".
SB55-ASA1-AA1,1444,12 121962. Page 1348, line 6: after that line insert:
SB55-ASA1-AA1,1444,19 13"(9n) Southeastern Wisconsin Fox River commission. The department of
14natural resources shall provide in fiscal year 2001-02, from the appropriation under
15section 20.370 (5) (cq) of the statutes, as affected by this act, $200,000 for the
16Southeastern Wisconsin Fox River commission. The commission may use these
17funds for its activities authorized under subchapter VI of chapter 33 of the statutes
18and for providing matching funding for any grants that the commission may be able
19to obtain.".
SB55-ASA1-AA1,1444,20 201963. Page 1348, line 6: after that line insert:
SB55-ASA1-AA1,1445,3 21"(8q) Lake management grant for Fish Lake. From the appropriation under
22section 20.370 (6) (ar) of the statutes, the department of natural resources during
23fiscal year 2001-02 shall provide a lake management grant of $200,000 to Dane
24County for water quality and lake level improvements for Fish Lake and Mud Lake

1in Dane County and Crystal Lake located in both Dane County and Columbia
2County. The 75% limitation under section 281.69 (2) (a) of the statutes does not apply
3to this grant.".
SB55-ASA1-AA1,1445,4 41964. Page 1348, line 6: after that line insert:
SB55-ASA1-AA1,1445,10 5"(8b) Release of easement. No later than 30 days after the effective date of this
6subsection, the department of natural resources shall release a portion of its
7easement located on certain land owned by Design Homes Incorporated in the village
8of Wauzeka so that the landowner may construct private residences on the land. The
9landowner shall specify the portion of the property upon which the easement shall
10be released.".
SB55-ASA1-AA1,1445,11 111965. Page 1348, line 6: after that line insert:
SB55-ASA1-AA1,1445,14 12"(8g) Lakeshore basin council. Notwithstanding the length of term specified
13for the members of the Lakeshore basin council under s. 15.347 (18) (intro.), as
14created by this act, the initial members shall be appointed for the following terms:
SB55-ASA1-AA1,1445,16 15(a) The member appointed from Kewaunee county for a term expiring on July
161, 2003.
SB55-ASA1-AA1,1445,18 17(b) The member appointed from Brown county for a term expiring on July 1,
182005.
SB55-ASA1-AA1,1445,20 19(c) The member appointed from Door county for a term expiring on July 1,
202007.".
SB55-ASA1-AA1,1445,21 211966. Page 1349, line 10: after that line insert:
SB55-ASA1-AA1,1446,2 22"(5w) Wisconsin Humanities Council. Notwithstanding sections 20.255 (2) (cf)
23and 115.366 (1) of the statutes, from the amount appropriated to the department of
24public instruction under section 20.255 (2) (cf) of the statutes in the 2001-02 fiscal

1year, the department shall pay $50,000 to the Wisconsin Humanities Council to
2organize and plan the Wisconsin Book Festival.".
SB55-ASA1-AA1,1446,3 31967. Page 1349, line 10: after that line insert:
SB55-ASA1-AA1,1446,19 4"(3q) Deaf and hard-of-hearing education council. Notwithstanding the
5length of term specified in section 15.377 (2) of the statutes, as affected by this act,
6one of the initial members of the deaf and hard-of-hearing education council
7appointed under section 15.377 (2) (a) of the statutes, as affected by this act, one of
8the initial members appointed under section 15.377 (2) (i) of the statutes, as affected
9by this act, the initial member appointed under section 15.377 (2) (b) of the statutes,
10as affected by this act, and the initial member appointed under section 15.377 (2) (c)
11of the statutes, as affected by this act, shall serve for terms expiring on July 1, 2002;
12the initial member appointed under section 15.377 (2) (d), (e) and (f) of the statutes,
13as affected by this act, and one of the initial members appointed under section 15.377
14(2) (i) of the statutes, as affected by this act, shall serve for terms expiring on July
151, 2003; and the initial member appointed under section 15.377 (2) (g) and (h) of the
16statutes, as affected by this act, one of the initial members appointed under section
1715.377 (2) (a) of the statutes, as affected by this act, and one of the members
18appointed under section 15.377 (2) (i) of the statutes, as affected by this act, shall
19serve for terms expiring on July 1, 2004.".
SB55-ASA1-AA1,1446,21 201968. Page 1350, line 13: delete the material beginning with "section" and
21ending with "act" on line 14 and substitute "Section 9149 (3mk) of this act".
SB55-ASA1-AA1,1446,22 221969. Page 1350, line 14: after that line insert:
SB55-ASA1-AA1,1447,10 23(10f) Joint legislative council study on special education. The joint council
24is requested to conduct a study of criteria to determine a pupil's need for special

1education services; the extent of the problem of providing special education services
2to violent pupils and recommendations on how to address the problem; the
3availability of alternative regular education programs that might be more
4appropriate for pupils currently enrolled in special education programs; the impact
5of statewide, standardized tests on referrals to special education; current training
6of special education teachers; and whether it is possible to recover a larger
7percentage of medical assistance funds for the provision of special education
8services. If the joint legislative council conducts the study, it shall report its findings,
9conclusions, and recommendations to the legislature in the manner provided under
10section 13.172 (2) of the statutes by June 30, 2003.".
SB55-ASA1-AA1,1447,11 111970. Page 1350, line 14: after that line insert:
SB55-ASA1-AA1,1447,16 12"(10k) Joint legislative council study on school financing. The joint
13legislative council is requested to conduct a study of school financing. If the joint
14legislative council conducts the study, it shall report its findings, conclusions, and
15recommendations to the legislature in the manner provided under section 13.172 (2)
16of the statutes by June 30, 2003.".
SB55-ASA1-AA1,1447,17 171971. Page 1350, line 14: after that line insert:
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