Wisconsin Legislature: 27,9116

(e) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the functions of the Wisconsin conservation corps board, as determined by the secretary of administration, remain in effect and are transferred to the department of industry, labor and human affairs. The department of industry, labor and human relations shall carry out any such contractual obligations until modified or rescinded by the department of industry, labor and human relations to the extent allowed under the contract.

(3p) Increase in minimum wage. If the Wisconsin conservation corps board submits a request under section 13.101 of the statutes, as affected by this act, that the joint committee on finance take action to fund increased corps enrollee support costs related to an increase in the minimum wage as required to be paid under section 16.20 (10) (c) of the statutes, as affected by this act, the requirement of a finding of emergency under section 13.101 (3) (a) 1. of the statutes does not apply to such a request. This subsection does not apply after June 30, 1997.

(3x) Report on employment of crew leaders. Before February 1, 1996, the Wisconsin conservation corps board shall submit a report to the joint committee on finance detailing the board's strategic plan and evaluating crew leaders' length of employment. The report shall include an analysis detailing whether maintaining the organizational stability of the Wisconsin conservation corps is more important than providing promotional opportunities for corps members.

27,9112 Section 9112. Nonstatutory provisions; corrections.

(1) Electronic monitoring. All contracts entered into by the department of corrections under section 301.135 (1), 1993 stats., relating to electronic monitoring services for children and in effect immediately before the effective date of this subsection remain in effect. The department shall carry out any such contractual obligations until modified or rescinded by the department to the extent allowed under the contract.

(1t) Secured juvenile correctional facility staffing. Of the moneys appropriated to the department of corrections under section 20.410 (3) (hm) of the statutes, as created by this act, $10,093,400 of the amount appropriated in fiscal year 1996-97 may not be encumbered until the department of corrections submits a plan to the joint committee on finance for the staffing of the secured correctional facility established under Section 9126 (26v) of this act that specifies how those funds will be ex pended and the joint committee on finance approves that plan.

(1u) Juvenile correctional institution rates. No later than January 15, 1996, the secretary of corrections shall submit to the secretary of administration and to the cochairpersons of the joint committee on finance proposed rates under section 301.26 (4) (d) 3m. of the statutes, as created by this act, and section 301.26 (4) (d) 4. of the statutes, as created by this act, for maintaining a child in a juvenile correctional institution. The rates may not vary according to the juvenile correctional institution in which a child is placed. The rates shall reflect the average daily cost associated with maintaining a child in a juvenile correctional institution. The secretary of administration shall evaluate the rates and, if the secretary of administration approves of the rates, the secretary of administration shall, no later than March 1, 1996, submit a report to the cochairpersons of the joint committee on finance containing proposed legislation providing for those rates effective on July 1, 1996. The department of health and social services shall assist the department of corrections in proposing those rates.

(1v) Youth aids formula evaluation. The department of corrections shall evaluate the formula used by the department of health and social services to determine the allocation of community youth and family aids to counties under section 46.26 of the statutes and shall, by no later than July 1, 1996, submit to the secretary of administration and the cochairpersons of the joint committee on finance a proposed formula for the allocation of community youth and family aids to counties that reflects the factors specified in paragraphs (a) to (f). The secretary of administration shall evaluate that proposed formula and, if the secretary of administration approves of that proposed formula, the secretary of administration shall include that proposed formula in the 1997-99 budget compilation under section 16.43 of the statutes. The department of health and social services shall assist the department of corrections in making that evaluation. In making that evaluation, the department of corrections shall consider all of the following factors:

(a) The number of children placed under the legal custody or supervision of the department of health and social services or in child caring institutions as a result of any of the violations specified in section 48.34 (4h) (a) of the statutes, as created by this act, during state fiscal years 1993-94, 1994-95 and 1995-96.

(b) The number of children whom the department of corrections anticipates will be placed under the supervision of that department under the serious juvenile offender program under section 48.34 (4h) of the statutes, as created by this act, during state fiscal year 1996-97.

(c) Factors that target the need for juvenile delinquency-related services, including early intervention and chronic offender services.

(d) The number of children in this state living in poverty according to the latest U.S. bureau of the census figures available.

(e) The number of Part I juvenile arrests, including violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration during the most recent 2-year period for which that information is available.

(f) Various models for cost sharing between counties and the state.

(1x) Juvenile psychologist positions. If the department of corrections is unable to fill 2.0 PR vacant psychologist positions at the Lincoln Hills school in fiscal year 1996-97, that department shall use $93,600 from the appropriation under section 20.410 (3) (hm) of the statutes, as created by this act, to hire one or more limited-term employe psychologists or to contract for the provision of psychological services at the Lincoln Hills school.

(2t) Efficiency measures. By January 1, 1996, the department of corrections shall submit a report to the joint committee on finance recommending how savings in fiscal year 1996-97 of $1,700,000 resulting from budget efficiency measures should be allocated among the department's general purpose revenue appropriations and how many positions should be abolished. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed action within 14 working days after the date that the department submits the report, the department's allocation request shall be implemented and the positions shall be abolished. If, within 14 working days after the date that the department submits the report, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the allocation request shall not be implemented and the positions shall not be abolished unless the committee approves the action. Notwithstanding section 16.505 (1) of the statutes, as affected by this act, the department or the committee may abolish positions under this subsection.

(2x) Exchange of McNaughton Correctional Center property. Before July 1, 1996, the department of corrections shall transfer the property under its jurisdiction that is owned by the state in the town of Lake Tomahawk, Oneida County, to the department of natural resources in exchange for land owned by the state in Oneida County that is under the jurisdiction of the department of natural resources, that the department of natural resources offers in exchange and that the department of corrections finds to be suitable for the building of a correctional facility.

(3g) Probationer and parolee reimbursement fee; emergency rules. Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate rules required under section 304.074 (5) of the statutes, as created by this act, for the period before permanent rules take effect, but not to exceed the period under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

(3x) Administrative and minimum supervision; emergency rules. Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate rules required under section 304.073 (3) of the statutes, as created by this act, for the period before permanent rules take effect, but not to exceed the period under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

27,9115 Section 9115. Nonstatutory provisions; credit unions.

(1) Transfer of functions to office of credit unions.

(a) On the effective date of this paragraph, the assets and liabilities of the office of the commissioner of credit unions shall become the assets and liabilities of the office of credit unions.

(b) On the effective date of this paragraph, 21.0 FTE PR positions in the office of the commissioner of credit unions and the incumbent employes holding those positions are transferred to the office of credit unions.

(c) 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 office of credit unions that they enjoyed in the office of the commissioner of credit unions 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.

(d) On the effective date of this paragraph, 2.0 FTE PR positions in the office of the commissioner of credit unions are deauthorized.

(e) On the effective date of this paragraph, all tangible personal property, including records, of the office of the commissioner of credit unions is transferred to the office of credit unions.

(f) All contracts entered into by the office of the commissioner of credit unions in effect on the effective date of this paragraph remain in effect and are transferred to the office of credit unions. The office of credit unions shall carry out any such contractual obligations until modified or rescinded by the office of credit unions to the extent allowed under the contract.

(g) All rules promulgated by the office of the commissioner of credit unions that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the office of credit unions. All orders issued by the office of the commissioner of credit unions that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the director of credit unions.

(h) All matters pending with the office of the commissioner of credit unions on the effective date of this paragraph are transferred to the office of credit unions and all materials submitted to or actions taken by the office of the commissioner of credit unions with respect to the pending matter are considered as having been submitted to or taken by the office of credit unions.

27,9116 Section 9116. Nonstatutory provisions; development.

(1) Hazardous pollution prevention council. Notwithstanding section 15.157 (5) of the statutes, as created by this act, the initial members of the hazardous pollution prevention council shall be appointed for the following terms:

(a) Two members, to be determined by the governor, for terms expiring on July 1, 1996.

(b) Three members, to be determined by the governor, for terms expiring on July 1, 1997.

(2) Initial terms of new council members. Notwithstanding the length of terms specified for the members of the council on main street programs under section 15.157 (7) (a) (intro.) of the statutes, as affected by this act, the initial members of the council under section 15.157 (7) (a) 11. of the statutes, as created by this act, shall be appointed for the following terms:

(a) One member for a term expiring on July 1, 1996.

(b) Two members for terms expiring on July 1, 1997.

(3g) Rules for private sewage systems.

(a) Notwithstanding sections 101.02 (1), 101.63 (1), 101.73 (1), 145.02 (2) to (4) and 145.13 and chapter 160 of the statutes, neither the department of industry, labor and human relations nor the department of development may submit notification under section 227.19 (2) of the statutes for proposed rules related to private sewage systems, as defined in section 145.01 (12) of the statutes, before July 1, 1997.

(b) Paragraph (a) does not apply to rules related to fees.

(c) 1. Before January 1, 1996, the department of development shall appoint an advisory committee under section 227.13 of the statutes to assist in the drafting of rules related to private sewage systems, as defined in section 145.01 (12) of the statutes, and to assist in the study provided for in subdivision 3.

2. The committee appointed under subdivision 1. shall include representatives of all of the following areas of interest and expertise: private sewage system users, farmers, land use planners, soil scientists, public health experts, professional engineers who design private sewage systems, plumbers who install private sewage systems, private sewage system pumpers and waste haulers, hydrogeologists, county elected representatives, county private sewage system program administrators, the Wisconsin Towns Association, the department of natural resources, the department of health and social services, private sewage system component manufacturers, real estate developers and construction contractors.

3. The department of development, with the assistance of the committee appointed under subdivision 1., shall study all of the following:

a. The effect of proposed private sewage system rules on at least all of the following: public health, surface water and groundwater quality, property values, land development patterns, the affordability of housing and the long-term maintenance costs of housing.

b. The capacity of current governmental institutions to provide for management of private sewage systems, including the status and effectiveness of local zoning and land use controls, the capabilities for review and approval of private sewage system designs, the capabilities for discovering and responding to private sewage system failure and the capabilities for assuring proper maintenance of private sewage systems.

c. The capacity of consultants and other private sewage system designers to develop effective private sewage system designs.

d. The likelihood of private sewage system failures and the consequences of those failures.

4. Before July 1, 1997, the department of development shall submit its findings as the result of the study under subdivision 3. to the governor and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees in the manner provided under section 13.172 (3) of the statutes.

(4) Transfer of division of tourism to department of tourism.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of development that are primarily related to the functions of the division of tourism, as determined by the secretary of administration, shall become the assets and liabilities of the department of tourism, as created by this act.

(b) Employe transfers. All incumbent employes holding positions in the department of development performing duties that are primarily related to the functions of the division of tourism, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of tourism.

(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 tourism that they enjoyed in the department of development 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.

(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of development that is primarily related to the functions of the division of tourism, as determined by the secretary of administration, is transferred to the department of tourism.

(e) Contracts. All contracts entered into by the department of development in effect on the effective date of this paragraph that are primarily related to the functions of the division of tourism, as determined by the secretary of administration, remain in effect and are transferred to the department of tourism. The department of tourism shall carry out any such contractual obligations unless modified or rescinded by the department of tourism to the extent allowed under the contract.

(f) Rules and orders. All rules promulgated by the department of development in effect on the effective date of this paragraph that are primarily related to the functions of the division of tourism, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of tourism. All orders issued by the department of development in effect on the effective date of this paragraph that are primarily related to the functions of the division of tourism, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of tourism.

(g) Pending matters. Any matter pending with the department of development on the effective date of this paragraph that is primarily related to the functions of the division of tourism, as determined by the secretary of administration, is transferred to the department of tourism and all materials submitted to or actions taken by the department of development with respect to the pending matter are considered as having been submitted to or taken by the department of tourism.

(h) Tourism offices and tourist information centers. All tourism offices established by the department of development under section 560.25 of the statutes, as affected by this act, and all tourist information centers established by the department of development under section 560.23 (3) (c) of the statutes, as affected by this act, that are in existence on the effective date of this paragraph are transferred to the department of tourism.

(5) Agency name change.

(a) Wherever the term “department of development" appears in the statutes, as affected by the acts of 1995, the term “department of commerce" is substituted.

(b) Wherever the term “secretary of development" appears in the statutes, as affected by the acts of 1995, the term “secretary of commerce" is substituted.

(c) Beginning on July 1, 1996, the department of commerce has the powers and duties granted or assigned the department of development by Sections 9101 to 9159 of this act that do not terminate before paragraph (a) takes effect. Beginning on July 1, 1996, the secretary of commerce has the powers and duties granted or assigned the secretary of development by Sections 9101 to 9159 of this act that do not terminate before paragraph (b) takes effect.

(6g) Expenditure reductions.

(a) Notwithstanding section 20.001 (3) (a), (b) and (c) of the statutes and subject to the approval of the joint committee on finance under paragraph (c), in each of fiscal years 1995-96 and 1996-97 the department of development may not encumber or expend a total of $500,000 from one or more sum certain appropriations made to the department of development from general purpose revenue. The department of development shall indicate its preference for allocation of the expenditure reductions in the plan submitted to the joint committee on finance under paragraph (c).

(b) Notwithstanding section 20.001 (3) (a), (b) and (c) of the statutes, the secretary of administration shall lapse to the general fund by the end of the 1995-97 fiscal biennium a total of $1,000,000 from the appropriation accounts subject to the reductions required under paragraph (a), as approved by the joint committee on finance under paragraph (c).

(c) On or before January 1, 1996, the department of development shall submit to the joint committee on finance for review and approval a plan identifying the department's preference for allocation of the expenditure reductions under paragraph (a) among the sum certain appropriations made to the department from general purpose revenue. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed plan within 14 days after the date of the department's submittal, the department may implement the plan. If within 14 days after the date of the department's submittal the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the department may not implement the plan until it is approved by the committee, as submitted or as modified.

(d) Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 1997-99 biennial budget bill, the department of development shall submit information concerning the sum certain appropriations made to the department from general purpose revenue as though the amounts appropriated to the department under those appropriations for fiscal year 1996-97 were $500,000 less than the amounts in the schedule.

(7gg) Labor training and services grant.

(a) The department of development may make a grant of not more than $480,000 from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, to the private industry council serving Milwaukee County to fund a labor training and employment services program to provide employes of Briggs and Stratton Corporation who are being laid off from the facility in Wauwatosa with job training and related employment services, if all of the following apply:

1. The labor training and employment services are not eligible for funding under the federal job training partnership act, 29 USC 1501 to 1781, or any other federal or state job training program.

2. The private industry council submits a plan to the department of development detailing the proposed use of the grant and the secretary of development approves the plan.

3. The private industry council enters into a written agreement with the department of development that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.

4. The private industry council agrees in writing to submit to the department of development the report required under paragraph (b) by the time required under paragraph (b).

(b) If the private industry council serving Milwaukee County receives a grant under this subsection, it shall submit to the department of development, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

(7m) Duties pending transfer of safety and buildings functions from the department of industry, labor and human relations. In anticipation of the transfer under this act of functions relating to the regulation of industry, safety and buildings from the department of industry, labor and human relations to the department of development, the department of development may, beginning on the effective date of this subsection, develop and, to the extent permitted under section 227.11 (2) (d) of the statutes, promulgate administrative rules relating to the administration and enforcement of laws regulating industry, safety and buildings under chapters 101, 107, 145 and 168 and sections 32.19 to 32.27, 167.10, 167.11 and 167.27 of the statutes, as affected by this act prior to the effective date of this subsection and as otherwise provided by statute. In developing and promulgating rules under this subsection, the department of development may, when appropriate, seek advice from or consult with the dwelling code council, the contractor financial responsibility council, the fire prevention council and the multifamily dwelling code council. This subsection does not apply after June 30, 1996.

27,9117 Section 9117. Nonstatutory provisions; educational communications board.

(2g) Consolidation; cost savings and efficiencies. In consultation with the department of administration, the educational communications board and the board of regents of the University of Wisconsin System shall jointly identify to the governor and to the joint committee on finance, no later than January 15, 1996, cost savings and efficiencies that may result from the consolidation of services, finances, personnel and functions of the educational communications board and the University of Wisconsin-Extension's division of extension communications.

27,9119 Section 9119. Nonstatutory provisions; employe trust funds.

(1t) Optical imaging project.

(a) Of the moneys appropriated to department of employe trust funds under section 20.515 (1) (t) of the statutes, $1,866,600 for fiscal year 1995-96 and $1,291,500 for fiscal year 1996-97, and under section 20.515 (1) (w) of the statutes, $303,400 for fiscal year 1995-96 and $415,200 for fiscal year 1996-97, is allocated for an electronic document imaging system for retirement system records and may not be encumbered or expended until the secretary of administration submits to the cochairpersons of the joint committee on finance and the cochairpersons of the joint committee on information policy a report which includes all of the following:

1. The results of a review of the project by the division of technology management in the department of administration.

2. The specific objectives of the optical imaging project.

3. The schedule for implementation of the project, including a projection of the effect, during the period of the actual records conversion to the optical imaging system, on the ability of the department to process affected records received prior to and during the conversion, and any expected backlogs in processing.

4. An evaluation of the effectiveness of the project activities, if any, to date.

5. The additional funding requirements, if any, for the project in the 1995-97 fiscal biennium, including any additional costs such as overtime or other personnel costs likely to be incurred as a result of any projected processing backlog.

6. The funding requirements for the completion of the project and operation of the optical imaging system in future fiscal biennia.

(b) Notwithstanding section 16.50 (1) and (2) of the statutes, the secretary of administration shall not waive submission of expenditure estimates for the project identified in paragraph (a) and shall not approve such estimates for the amounts specified in paragraph (a) until 14 working days after the secretary submits the report required under paragraph (a) and until the secretary has responded in writing to any concerns that are communicated to the secretary prior to the end of the 14-day period by the cochairpersons of the joint committee on finance or the cochairpersons of the joint committee on information policy.

27,9120 Section 9120. Nonstatutory provisions; employment relations commission.