Wisconsin Legislature: 25,9135

25,9124 Section 9124. Nonstatutory provisions; Housing and Economic Development Authority.

25,9125 Section 9125. Nonstatutory provisions; insurance.

25,9126 Section 9126. Nonstatutory provisions; investment board.

25,9127 Section 9127. Nonstatutory provisions; joint committee on finance.

25,9128 Section 9128. Nonstatutory provisions; judicial commission.

25,9129 Section 9129. Nonstatutory provisions; justice.

25,9130 Section 9130. Nonstatutory provisions; legislature.

(1) Appropriation lapses and reestimates.

(a) In this subsection, "state operations" means all purposes except aids to individuals and organizations and local assistance.

(b) The cochairpersons of the joint committee on legislative organization shall take actions during the 2005-07 fiscal biennium to ensure that from general purpose revenue appropriations for state operations to the legislature under section 20.765 of the statutes, as affected by this act, an amount equal to a total of $4,675,000 in fiscal year 2005-06 and a total of $4,675,000 in fiscal year 2006-07 are lapsed from sum certain appropriation accounts or are subtracted from the expenditure estimates for any other types of appropriations, or both.

(c) The cochairpersons of the joint committee on legislative organization shall take actions during the 2005-07 fiscal biennium to ensure that the authorized FTE positions for the legislature are decreased by a total of 38.0 FTE positions from the FTE position level that is authorized for the legislature on the effective date of this subsection.

(2q) Audit of elections board information technology development projects. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a performance evaluation audit of the most recent information technology development projects undertaken by the elections board, including the project to create a statewide voter registration system and the project to create a State of Wisconsin Elections Board Information System. If the audit is performed, the bureau is requested to file a report of its findings as provided in section 13.94 (1) (b) of the statutes.

25,9131 Section 9131. Nonstatutory provisions; lieutenant governor.

25,9132 Section 9132. Nonstatutory provisions; lower Wisconsin state riverway board.

25,9133 Section 9133. Nonstatutory provisions; Medical College of Wisconsin.

25,9134 Section 9134. Nonstatutory provisions; military affairs.

25,9135 Section 9135. Nonstatutory provisions; natural resources.

(2e) Study of Cladaphora in Lake Michigan. The department of natural resources shall make a grant of $25,000 during the 2005-07 fiscal biennium from the appropriation account under section 20.370 (4) (mq) of the statutes, as affected by this act, to Manitowoc County for a study of Cladaphora algae in Lake Michigan at Hika Bay. The study may include monitoring of Fischer Creek and Point Creek in Manitowoc County.

(3) Turkey hunting approvals; rules. Using the procedure under section 227.24 of the statutes, the department of natural resources may promulgate rules implementing section 29.164 of the statutes, as affected by this act, for the period before the date on which permanent rules take effect, 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 of natural resources 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.

(4k) Air permit report. No later than December 15, 2006, the department of natural resources shall submit a report to the joint committee on finance that does all of the following:

(a) Describes the department's progress on implementing changes in the air pollution permitting program made by 2003 Wisconsin Act 118 and on the development of an information technology system for the air pollution permitting program.

(b) States the number of sources for which operation permits are required under section 285.60 of the statutes but not federal law that are covered by registration permits, general permits, and operation permits that are not registration permits or general permits.

(c) States, for sources for which operation permits are required under section 285.60 of the statutes but not federal law, the average number of days from receipt of a complete application until the department issues a determination of coverage under a registration permit, the average number of days from receipt of a complete application until the department issues a determination of coverage under a general permit, and the average number of days from receipt of a complete application until issuance of an operation permit that is not a registration permit or general permit.

(d) Includes an analysis of the costs of the air pollution permitting program and the revenues necessary to run the program after the changes described in paragraph (a) are fully implemented.

(4p) Emergency rules for fees for managed forest land plans. Using the procedure under section 227.24 of the statutes, the department of natural resources shall promulgate the rule required under section 77.82 (2m) (am) of the statutes, as created by this act, for the period before the effective date of the permanent rule promulgated under section 77.82 (2m) (am) 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 of natural resources 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.

(4q) Hunter education; rules. Using the procedure under section 227.24 of the statutes, the department of natural resources may promulgate the rule required under section 29.591 (3) of the statutes, as affected by this act, for the period before the date on which the permanent rule takes effect, 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 of natural resources 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.

(4w) Southeastern Wisconsin Fox River commission. The department of natural resources shall provide in fiscal year 2005-06, from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, $250,000 to the Southeastern Wisconsin Fox River commission. The commission may use this funding for activities that are required or authorized under subchapter VI of chapter 33 of the statutes and that are consistent with the commission's implementation plan. The activities for which this funding is utilized may include the activities required under section 33.56 (1), (2), and (3) of the statutes.

(5c) Marsh restoration. The department of natural resources shall identify 10 state-owned wildlife wetland areas in the state that are critical to waterfowl breeding, production, staging, and hunting. By August 30, 2006, the department of natural resources shall prepare and submit a qualitative and quantitative baseline assessment of the identified marshes, describing the vegetation, wildlife use, water quality, water chemistry, hunting success, and public use to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes and to the members of the joint committee on finance. The department of natural resources shall develop marsh restoration goals based on the findings included in the assessment and include a proposal to contract with nongovernmental agencies to meet those goals in its 2007-09 budget submittal to the governor.

(5p) Paper industry hall of fame. From the appropriation under section 20.370 (5) (ax) of the statutes, as created by this act, the department of natural resources shall provide $100,000 in fiscal year 2006-07 to the Paper Industry International Hall of Fame, Inc., in the city of Appleton for the development and operation of an exhibit in the hall known as the Paper Discovery Center.

(5q) Submission of plan concerning certain public lands. No later than February 1, 2006, the department of natural resources shall submit to the governor and to the members of the joint committee on finance a plan that addresses all of the following:

(a) The sales status, as of December 31, 2005, of all public lands subject to purchase by the state under section 24.59 (1) of the statutes, as created by this act.

(b) The department of natural resource's long term acquisition, retention, and disposal plan for land purchased by the state under section 24.59 (1) of the statutes, as created by this act.

(c) Identification of those lands purchased by the state under section 24.59 (1) of the statutes, as created by this act, that the department of natural resources determines can be incorporated into its land and forestry programs and activities and identification of those lands that it determines cannot be incorporated into its land and forestry programs and activities. If the department of natural resources identifies lands that it cannot incorporate into its land and forestry programs and activities, it shall identify which of these lands might be appropriate for sale to local units of government.

(6p) Mechanized equipment training program. From the appropriation under section 20.370 (5) (ax) of the statutes, as created by this act, the department of natural resources shall provide $150,000 in fiscal year 2005-06 and $50,000 in fiscal year 2006-07 to the North Central Technical College to initiate a program, designed in collaboration with the Fox Valley Technical College, to train students to use mechanized equipment for the harvesting of timber.

25,9136 Section 9136. Nonstatutory provisions; public defender board.

25,9137 Section 9137. Nonstatutory provisions; public instruction.

(2n) Educare Center of Milwaukee. From the appropriation under section 20.255 (2) (bc) of the statutes, as affected by this act, the department of public instruction shall allocate $250,000 in the 2005-06 school year and $750,000 in the 2006-07 school year to the Educare Center of Milwaukee and shall reduce the amount of state aid to Milwaukee Public Schools by identical amounts.

(2q) Special education studies.

(a) The department of public instruction shall complete a study concerning the distribution of special education aid on a census basis rather than a cost reimbursement basis, and, by December 1, 2006, submit the study and the department's recommendations to the joint committee on finance.

(b) The joint legislative council is requested to study the effectiveness of this state's special education policy and funding, including a review of statewide data and historical trends, an examination of funding sources, and a survey of national reform efforts. If the joint legislative council conducts the study, the joint legislative council shall report its findings, conclusions, and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes by January 1, 2007.

(3m) Open enrollment program. By March 1, 2006, the department of public instruction shall submit to the governor and the joint committee on finance a report on the feasibility and cost of developing and implementing a statewide Internet-based application and reporting system for the open enrollment program under section 118.51 of the statutes.

(3q) Second Chance Partnership. From the appropriation under section 20.255 (2) (cf) of the statutes, as affected by this act, the department of public instruction shall pay $190,000 in each of the 2005-06 and 2006-07 fiscal years to the Second Chance Partnership, a nonprofit corporation, to create a pilot work-based learning program in which children at risk participate in apprenticeships while earning high school diplomas. No more than 32 pupils may participate in the program.

(4p) Revenue limit computation. Notwithstanding section 121.91 (2m) of the statutes, as affected by this act, for the purpose of calculating the revenue limit for the 2005-06 school year of any school district in which a charter school established under section 118.40 (2r) of the statutes, as affected by this act, is located, the school district's base revenue from the 2004-05 school year is increased by an amount equal to the amount determined by multiplying the number of pupils who in the 2004-05 school year attended a charter school under section 118.40 (2r) of the statutes that was located in the school district by the amount paid by the state for each such pupil under section 118.40 (2r) of the statutes.

25,9138 Section 9138. Nonstatutory provisions; public lands, board of commissioners of.

25,9139 Section 9139. Nonstatutory provisions; public service commission.

25,9140 Section 9140. Nonstatutory provisions; regulation and licensing.

(1) Credential renewal fees; renewal date changes. When preparing its recommendations under section 440.03 (9) (b) of the statutes, as affected by this act, for changes to fees under section 440.08 (2) (a) of the statutes, as affected by this act, for credential renewals in the 2007-09 biennium, the department of regulation and licensing shall consider whether to reduce or increase the fees based on the changes to the renewal deadlines made by this act.

(1m) Initial appointments; cemetery board. Notwithstanding section 15.405 (3m) of the statutes, as created by this act, the initial term of 2 of the initial members of the cemetery board shall be one year, the initial term of 2 of the initial members shall be 2 years, and the initial term of 2 of the initial members shall be 3 years.

(1p) Rules and orders; cemetery board. All rules promulgated, and all orders issued, by the department of regulation and licensing relating to cemeteries that are in effect on the effective date of this subsection shall become rules of the cemetery board and shall remain in effect until their specified expiration dates or until amended, repealed, or rescinded by the cemetery board.

(1q) Rules for substance abuse counselors, clinical supervisors, and prevention specialists; standards and qualifications. Using the procedure under section 227.24 of the statutes, the department of regulation and licensing shall promulgate the rules required under section 440.75 (2) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 440.75 (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.

(1r) Substance abuse counselor, clinical supervisor, and prevention specialist certification; review of costs. The department of regulation and licensing shall review actual administration and enforcement costs for renewals of certification for substance abuse counselors, clinical supervisors, and prevention specialists and, in light of those costs, as part of the department's biennial budget request for 2007-09, shall recommend any appropriate revised renewal fee for the certification.

(2e) Credential renewal fees for 2007-09 biennium; timekeeping data. In preparing its recommendations under section 440.03 (9) (b) of the statutes, as affected by this act, for changes to fees under section 440.08 (2) of the statutes, as affected by this act, for credential renewals in the 2007-09 biennium, the department of regulation and licensing shall utilize timekeeping data tracking the allocation of staff hours to administrative and enforcement activities relating to each regulated profession from the 2 most recent years in which the department collected the timekeeping data for the entire year.

(3b) Credential renewal fees for 2009-11 biennium; timekeeping data. In preparing its recommendations under section 440.03 (9) (b) of the statutes, as affected by this act, for changes to fees under section 440.08 (2) of the statutes, as affected by this act, for credential renewals in the 2007-09 biennium, the department of regulation and licensing shall utilize timekeeping data tracking the allocation of staff hours to administrative and enforcement activities relating to each regulated profession from the 4 most recent years in which the department collected timekeeping data for the entire year.

25,9141 Section 9141. Nonstatutory provisions; revenue.

(1) Internal revenue code. Changes to the Internal Revenue Code made by P.L. 108-121, excluding section 109 of P.L. 108-121, P.L. 108-311, excluding sections 306, 307, 308, 401, and 403 (a) of P.L. 108-311, and P.L. 108-357,excluding sections 101, 201, 244, 336, 337, 909, and 910 of P.L. 108-357, apply to the definitions of "Internal Revenue Code" in chapter 71 of the statutes at the time that those changes apply for federal income tax purposes.

(1n) Department of revenue study; utility license fees. No later than December 31, 2005, the department of revenue shall convene a study group to assess the feasibility and desirability of imposing local general property taxes or their equivalent on all distribution property of electric cooperatives, municipal utilities, and light, heat, and power companies. The study group shall include residents of communities that host public utility property; representatives of electric cooperatives, municipal utilities, and light, heat, and power companies; members of the public who have expertise in the taxation of power plant and transmission line siting; and any other individuals who the department of revenue believes to have expertise related to the study. No later than May 1, 2006, the study group shall report its findings and recommendations to the legislature under section 13.172 (2) of the statutes.

25,9142 Section 9142. Nonstatutory provisions; secretary of state.

25,9143 Section 9143. Nonstatutory provisions; state employment relations, office of.

25,9144 Section 9144. Nonstatutory provisions; state fair park board.

(1f) State fair park board expenditure plan.

(a) The state fair park board may not expend more than $12,950,600 from the appropriation under section 20.190 (1) (h) of the statutes in fiscal year 2006-07 except as authorized under this subsection.

(b) The state fair park board may submit a plan for expending more than $12,950,600 from the appropriation under section 20.190 (1) (h) of the statutes in fiscal year 2006-07 to the secretary of administration. The secretary may submit the plan, as submitted by the board or as modified, to the joint committee on finance by the date specified by the cochairpersons of the committee for submission of requests for consideration at the 2nd quarterly meeting of the committee under section 13.10 of the statutes in 2006.

(c) If the secretary of administration submits a plan under paragraph (b) and the cochairpersons of the joint committee on finance do not notify the secretary within 14 working days after the date of the submittal that the committee has scheduled a meeting to review the plan, the state fair park board may implement the plan. If the secretary of administration submits a plan under paragraph (b) and the cochairpersons of the joint committee on finance notify the secretary within 14 working days after the date of the submittal that the committee has scheduled a meeting to review the plan, the state fair park board may not implement the plan until the committee approves the plan, as submitted or modified.

25,9145 Section 9145. Nonstatutory provisions; supreme court.

(1) Appropriation lapses and reestimates. The chief justice of the supreme court, acting as the administrative head of the judicial system, shall take actions during the 2005-07 fiscal biennium to ensure that from general purpose revenue appropriations for state operations to the circuit courts under section 20.625 of the statutes, to the court of appeals under section 20.660 of the statutes, and to the supreme court under section 20.680 of the statutes, as affected by this act, an amount equal to $1,300,000 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both.

25,9146 Section 9146. Nonstatutory provisions; technical college system.

(1f) Crime prevention center. The technical college system board shall allocate $55,000 in the 2005-06 fiscal year and $35,000 in the 2006-07 fiscal year from the appropriation under section 20.292 (1) (dc) of the statutes for incentive grants to Fox Valley Technical College for a crime prevention center.

(1q) Technical preparation program.

(a) The authorized FTE positions for the technical college system board are increased by 4.6 FED positions, to be funded from the appropriation under section 20.292 (1) (m) of the statutes, for the purpose of administering the technical preparation program under section 38.40 (1m) (a) of the statutes, as created by this act.

(b) The authorized FTE positions for the technical college system board are increased by 3.2 PR positions, to be funded from the appropriation under section 20.292 (1) (kx) of the statutes, as affected by this act, for the purpose of administering the technical preparation program under section 38.40 (1m) (a) of the statutes, as created by this act.

25,9147 Section 9147. Nonstatutory provisions; tourism.

25,9148 Section 9148. Nonstatutory provisions; transportation.

(1) Electronic processing of title and registration applications. The department of transportation may, prior to June 30, 2007, require certain motor vehicle dealers to electronically process all applications for motor vehicle title and registration submitted under section 342.16 (1) (a) of the statutes, as affected by this act.

(1n) Directional signs. Notwithstanding regulations prescribed under section 86.19 (2) of the statutes, the department of transportation shall, in the 2005-07 biennium, erect the following:

(a) Directional signs along I 90 in La Crosse County for the Shrine of Our Lady of Guadalupe.

(b) Directional signs along USH 151 in the vicinity of STH 33 for Wayland Academy located in Beaver Dam in Dodge County.

(2) Harbor assistance program.

(a) Notwithstanding any limitation specified in section 85.095 (2) (a) or (b) of the statutes, from the appropriation under section 20.866 (2) (uv) of the statutes, as affected by this act, the department of transportation shall award a grant under section 85.095 (2) (a) of the statutes of $6,000,000 in the 2005-07 fiscal biennium to a city in northeastern Wisconsin that has a harbor facility for the purpose of constructing new boatlift facilities or improving existing boatlift facilities that serve or will serve at least 2 commercial enterprises that enhance economic development and will provide at least 600 new jobs in this state.

(b) Notwithstanding any limitation specified in section 85.095 (2) (a) or (b) of the statutes, from the appropriation under section 20.866 (2) (uv) of the statutes, as affected by this act, the department of transportation shall award a grant under section 85.095 (2) (a) of the statutes of $2,100,000 in the 2005-07 fiscal biennium for a boat slip repair and reconstruction project in northeastern Wisconsin if the project is necessary to retain at least 2,500 jobs in this state.

(c) Notwithstanding any limitation specified in section 85.095 (2) (b) of the statutes, from the appropriation under section 20.866 (2) (uv) of the statutes, as affected by this act, the department of transportation shall award a grant under section 85.095 (2) (a) of the statutes of $1,600,000 in the 2005-07 fiscal biennium for the construction of a dockwall in the city of Marinette at the Waupaca Foundry.

(2q) Freight rail preservation Program. In the 2005-07 fiscal biennium, from the public debt contracted under section 20.866 (2) (uw) of the statutes, the department of transportation shall allocate $5,000,000 annually for rail rehabilitation projects and $1,000,000 annually for rail bridge projects.

(3f) Cassville ferry grant. The department of transportation shall award a grant of $30,000 annually in the 2005-07 biennium from the appropriation account under section 20.395 (3) (eq) of the statutes to the operator of the Cassville Mississippi River Ferry for the operations costs of the ferry.

(3s) Sugar River State Trail underpass.

(a) Except as provided in paragraph (b), in the 2005-07 biennium, the Department of Transportation shall construct an underpass for the Sugar River State Trail at the intersection of the trail with STH 69 in the village of New Glarus in Green County when the Department of Transportation rehabilitates that section of STH 69.

(b) If the village of new Glarus agrees with the department of transportation that a lower cost improvement project would provide substantially similar safety enhancements as the project described in par. (a), the department of transportation may construct the lower cost improvement project instead of constructing the project described in par. (a).

(3t) Safety improvement study. In the 2005-07 biennium, the department of transportation shall conduct an engineering study of the segment of STH 58 in Sauk County between the Sauk County/Richland County line and CTH G to determine ways to improve public safety on that segment of STH 58. The department of transportation shall make any changes recommended in the study to improve public safety in the segment of STH 58 in Sauk County between the Sauk County/Richland County line and CTH G.

(4f) Agency request relating to Marquette interchange reconstruction project bonding. Notwithstanding section 16.42 (1) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2007-09 biennial budget act, the department of transportation shall include recommended reductions to the appropriation under section 20.395 (3) (cr) of the statutes for each fiscal year of the 2007-09 fiscal biennium reflecting the transfer from this appropriation account to the appropriation account under section 20.395 (6) (au) of the statutes, as created by this act, of amounts for anticipated debt service payments, in each fiscal year of the 2007-09 fiscal biennium, on general obligation bonds issued under section 20.866 (2) (uup) of the statutes, as created by this act.

(4w) Passenger rail service.