(b) Beginning on July 1, 1996, the department of industry, labor and job development has the powers and duties granted or assigned the department of industry, labor and human relations 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 industry, labor and job development has the powers and duties granted or assigned the secretary of industry, labor and human relations by Sections 9101 to 9159 of this act that do not terminate before paragraph (a) takes effect.
(5) Plan for the termination of duplicative employment and training bodies. No later than January 15, 1996, the governor's council on workforce excellence under section 15.227 (24) of the statutes, as created by this act, shall submit to the secretary of administration, to the lieutenant governor and to the cochairpersons of the joint committee on finance a plan for the termination of each council created in chapter 14 or 15 of the statutes, as affected by this act, and each commission or board created in or attached to an office, department or independent agency under chapter 14 or 15 of the statutes, as affected by this act, whose duties and responsibilities duplicate the duties and responsibilities of the governor's council on workforce excellence under section 101.262 of the statutes, as created by this act, or whose duties and responsibilities can be taken over by the council. The secretary of administration and lieutenant governor shall evaluate the plan and shall consider whether to recommend the termination of any council, commission or board specified in the plan under this subsection. If the secretary or lieutenant governor determines that a council, commission or board should be terminated, the secretary or lieutenant governor shall, no later than April 15, 1996, submit a report to the cochairpersons of the joint committee on finance containing proposed legislation providing for such termination effective on July 1, 1996. If the secretary and the lieutenant governor both determine that a council, commission or board should be terminated, the secretary and lieutenant governor shall submit the report jointly. This subsection does not apply to any council, commission or board that is created or terminated under any act of the 1995-96 legislature regardless of the effective date of that creation or termination.
(6) Employment and education program boundary plan. No later than January 15, 1996, the governor's council on workforce excellence under section 15.227 (24) of the statutes, as created by this act, shall submit to the secretary of administration a plan that realigns the boundaries of the service delivery areas under 29 USC 1511, the public employment office districts under 29 USC 49 to 49n and any other substate boundaries for the local administration of employment and education programs so that those boundaries are contiguous with the boundaries of the technical college districts under section 38.06 of the statutes. Under the plan, a substate employment and education boundary may not split a technical college district but may, however, include more than one technical college district.
(7) Departmental reorganization plan. No later than February 15, 1996, the secretary of industry, labor and human relations shall submit to the secretary of administration, for review, a proposed plan of reorganization, beginning on July 1, 1996, that structures the functions and personnel of the department of industry, labor and human relations including the division of workforce excellence under section 15.223 (2) of the statutes, as created by this act, so as to give effect to the intent of this act.
After reviewing the proposed reorganization plan, the secretary of administration shall submit the plan, including any suggested modifications to the plan, no later than May 1, 1996, to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of the plan's submittal that the committee has scheduled a meeting to take place no later than June 30, 1996, for the purpose of reviewing the plan, the secretary of administration shall proceed with the reorganization plan, including the secretary's suggested modifications. If, within 14 working days after the date of the plan's submittal, the cochairpersons of the committee notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan, the secretary of administration shall proceed with the plan, after incorporating any changes to the plan that are made by the joint committee on finance at the meeting.
(14g)
Efficiency measures. Before the first quarterly meeting in 1996 of the joint committee on finance, the department of industry, labor and human relations shall submit a plan to the joint committee on finance for providing budgetary efficiency measures by combining new and existing career counseling centers with job centers.
(14t)
Optical imaging project.
(a) Of the moneys appropriated to the department of industry, labor and human relations under section 20.445 (1) (ha) of the statutes, $619,900 for fiscal year 1995-96 and $101,700 for fiscal year 1996-97 is allocated for a worker's compensation optical imaging project 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.
(15g)
Vocational rehabilitation report. The department of industry, labor and human relations shall report to the joint committee on finance, at the committee's 2nd quarterly meeting in 1997 under section 13.10 of the statutes, on all of the following:
(a) The extent of the waiting list, if any, for vocational rehabilitation services and the measures taken by the department of industry, labor and human relations to minimize the waiting list in order to comply with the provision under section 47.02 (3) (f) of the statutes to make vocational rehabilitation services available in every county to all handicapped persons who are present in this state regardless of residency.
(b) The amount of 3rd-party funding that will be available as a match to federal funds under 29 USC 701 to 796i in federal fiscal year 1997-98.
(c) Whether additional funding is necessary to fully capture available federal matching funds and the sources of funding that could be reallocated within the budget of the department of industry, labor and human relations.
27,9131
Section 9131.(11)
Nonstatutory provisions; insurance.
(1g) Office of health care information performance measures. After the office of health care information in the office of the commissioner of insurance has developed performance measures for health care plans and health care providers, the office of health care information shall submit to the joint committee on finance a report concerning the results of this development. The office of health care information may, at the time of the report submittal, request funding, under section 16.515 of the statutes, for demonstrating the feasibility of collecting, analyzing and distributing information on the performance measures.
(1t) Optical imaging project.
(a) Of the moneys appropriated to the office of the commissioner of insurance under section 20.145 (1) (g) of the statutes, as affected by this act, $113,000 for fiscal year 1995-96 and $24,000 for fiscal year 1996-97 is allocated for optical imaging technology projects for complaints and insurance policy forms and rate filings, 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 office 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.
27,9132
Section 9132.(4)
Nonstatutory provisions; investment board.
(1g) Distribution of bonus compensation for performance in 1994-95 and 1995-96 fiscal years. Prior to awarding any bonus compensation under section 25.156 (6) of the statutes for performance in the 1994-95 or 1995-96 fiscal year, the investment board shall submit to the cochairpersons of the joint committee on finance a revised plan for distribution of such compensation which incorporates necessary changes required to address any findings of the legislative audit bureau in any audit report issued concerning such compensation during the 1995 calendar year. Notwithstanding section 25.156 (6) of the statutes, the investment board shall not award any bonus compensation for performance in the 1994-95 or 1995-96 fiscal year until the joint committee on finance approves the revised plan.
27,9136
Section 9136.
Nonstatutory provisions; justice.
(1) Public intervenor.
(a) Employe transfer. On the effective date of this paragraph, one incumbent employe holding a position in the department of justice performing duties as the public intervenor is transferred to the department of natural resources.
(b) Employe status. The employe transferred under paragraph (a) has all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of natural resources that the employe enjoyed in the department of justice 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.
(c) Pending matters. Within 30 days after the effective date of this paragraph, the public intervenor shall withdraw from any action or proceeding before a court in which the public intervenor is a party. Within 30 days after the effective date of this paragraph, the public intervenor shall submit written notification to the department of natural resources, and any other state agency, withdrawing any pending request made by the public intervenor for an investigation, study, report or other information if the request was made for purposes of an action or proceeding threatened or pending before a court.
(2) Efficiency measures. By September 1, 1995, the department of justice shall submit a request to the governor and the joint committee on finance indicating how savings in fiscal year 1995-96 of $144,900 and in fiscal year 1996-97 of $611,400 resulting from budgetary efficiency measures should be allocated among the department's general purpose revenue appropriations. The request shall include a specific plan for implementing the reductions that identifies the programs, positions and expenditure categories to be eliminated or reduced.
If the cochairpersons of the committee do not notify the department of justice that the committee has scheduled a meeting for the purpose of reviewing the request within 14 working days after the date of the department's submittal, the request may be implemented as proposed by the department. If, within 14 working 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 request, the request may be implemented only upon approval of the committee.
(3q) Transfer of consumer protection function.
(a) Assets and liabilities. On July 1, 1996, all assets and liabilities of the department of justice primarily related to its consumer protection investigation and enforcement functions in chapters 100, 134, 136, 344, 704, 707 and 779 of the statutes, as affected by this act, shall become the assets and liabilities of the department of agriculture, trade and consumer protection. The departments of justice and agriculture, trade and consumer protection shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall decide the question.
(b) Employe transfers. On July 1, 1996, 13.8 FTE positions in the department of justice that are primarily related to its consumer protection investigation and enforcement functions in chapters 100, 134, 136, 344, 704, 707 and 779 of the statutes, as affected by this act, and the incumbents holding these positions, as determined by the secretary of administration, are transferred to the department of agriculture, trade and consumer protection.
(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 agriculture, trade and consumer protection that they enjoyed in the department of justice 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) Supplies and equipment. On July 1, 1996, all tangible personal property, including records, of the department of justice primarily related to its consumer protection investigation and enforcement functions in chapters 100, 134, 136, 344, 704, 707 and 779 of the statutes, as affected by this act, are transferred to the department of agriculture, trade and consumer protection. The departments of justice and agriculture, trade and consumer protection shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall decide the question.
(e) Pending matters. On July 1, 1996, any matter pending with the department of justice primarily related to its consumer protection investigation and enforcement functions in chapters 100, 134, 136, 344, 704, 707 and 779 of the statutes, as affected by this act, is transferred to the department of agriculture, trade and consumer protection. All materials submitted or actions taken by the department of justice with respect to the pending matter are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.
(f) Contracts. On July 1, 1996, all contracts entered into by the department of justice primarily related to its consumer protection investigation and enforcement functions in chapters 100, 134, 136, 344, 704, 707 and 779 of the statutes, as affected by this act, which are in effect on the effective date of this paragraph, remain in effect and are transferred to the department of agriculture, trade and consumer protection. The departments of justice and agriculture, trade and consumer protection shall jointly identify these contracts and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall decide the question. The department of agriculture, trade and consumer protection shall carry out any such contractual obligations until modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.
(g) Rules and orders. All rules promulgated by the department of justice that are in effect on the effective date of this paragraph and that are primarily related to its consumer protection investigation and enforcement functions in chapter 344 of the statutes remain in effect until their specified expiration date or until amended or repealed by the department of agriculture, trade and consumer protection. All orders issued by the department of justice that are in effect on the effective date of this paragraph and that are primarily related to its consumer protection investigation and enforcement functions in chapter 344 of the statutes, as affected by this act, remain in effect until their specified expiration date or until modified or rescinded by the department of agriculture, trade and consumer protection.
27,9137
Section 9137.(15)
Nonstatutory provisions; legislature.
(1g) Relief block grant program study. If a relief block grant is paid under section 49.025 of the statutes, as created by this act, in 1996, the joint legislative audit committee is requested to direct the legislative audit bureau to perform a financial and performance evaluation of that relief block grant program. If the committee directs the legislative audit bureau to perform an audit, the bureau shall file its report as described under section 13.94 (1) (b) of the statutes no later than December 31, 1997. The bureau shall consider all of the following in conducting its audit:
(a) The degree to which a county that receives a relief block grant provides a range of health care services, including primary, secondary and tertiary care, and emergency care in community hospitals and at any trauma centers that meet the criteria established by the American College of Surgeons for classification as a Level I trauma center.
(b) The adequacy of reimbursement to health care providers providing health care services funded by the relief block grant program.
(c) The degree to which the health care services funded by the relief block grant program are successful in improving the geographic accessibility of primary care, including the availability of care provided in community-based clinics.
(d) The degree to which the relief block grant program encourages health care providers to contribute uncompensated care, or care at compensation levels below normal charges, to the patient population served by a relief block grant.
(e) The effect of the relief block grant program on medical education and residency training programs offered by the Medical College of Wisconsin, and the effect of any possible future changes that may be under consideration by the county to the delivery of services funded under the relief block grant program.
(1j) Wisconsin Institute for School Executives. During the 1995-97 fiscal biennium, from the appropriation under section 20.865 (4) (a) of the statutes, the joint committee on finance shall supplement the appropriation to the Wisconsin Institute for School Executives under section 20.255 (3) (ed) of the statutes, as created by this act, if all of the following occur:
(a) The institute submits to the committee a report on its objectives and proposed activities that includes a detailed budget for the staffing and operation of the institute and identifies all funding sources.
(b) The committee approves the report, or does not schedule a meeting for the purpose of reviewing the report within 14 working days after receipt of the report.
(2v) Initial legislative document distribution service subscriptions. No later than December 1, 1996, the chief of the legislative reference bureau shall recommend to the joint committee on legislative organization specified portions of the legislative document distribution service to be provided separately under section 35.87 of the statutes, as affected by this act, and the initial biennial fees to be charged for each portion so provided.
(3g)
Legislators' expenses.
(a) Notwithstanding section 20.916 (8) of the statutes, beginning on the effective date of this paragraph and ending on June 30, 1997, the speaker of the assembly may adjust the maximum allowance for legislative expenses for representatives to the assembly beginning on a specific date by filing a notice with the chief clerk of the assembly to that effect, but only if the maximum allowance set by the speaker of the assembly does not exceed the maximum allowance amount approved by the joint committee on employment relations and if the speaker provides at least 30 days' written notice of the change to representatives of the assembly. Notwithstanding section 20.916 (8) of the statutes, beginning on the effective date of this paragraph and ending on June 30, 1997, the president of the senate may adjust the maximum allowance for legislative expenses for senators beginning on a specific date by filing a notice with the chief clerk of the senate to that effect, but only if the maximum allowance set by the president of the senate does not exceed the maximum allowance amount approved by the joint committee on employment relations and if the president of the senate provides at least 30 days' written notice of the change to senators.
(b) Notwithstanding section 13.123 (1) (a) 1. of the statutes, beginning on the effective date of this paragraph and ending on June 30, 1997, if the speaker of the assembly adjusts the maximum allowance under paragraph (a), a representative to the assembly may not receive an allowance greater than the amount established by the speaker of the assembly under paragraph (a). Notwithstanding section 13.123 (1) (a) 1. of the statutes, beginning on the effective date of this paragraph and ending on June 30, 1997, if the president of the senate adjusts the maximum allowance under paragraph (a), a senator may not receive an allowance greater than the amount established by the president of the senate under paragraph (a).
(c) Notwithstanding section 13.123 (1) (a) 1. of the statutes, beginning on the effective date of this paragraph and ending on June 30, 1997, a senator or representative to the assembly may file a new affidavit under section 13.123 (1) (a) 1. of the statutes following any reduction of an allowance for members of his or her house under this subsection which shall remain in effect until June 30, 1997.
27,9139
Section 9139.(15)
Nonstatutory provisions; lower Wisconsin state riverway board.
(1g) Transfer of lower Wisconsin state riverway board to department of tourism.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of natural resources that are primarily related to the functions of the lower Wisconsin state riverway board, 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 natural resources performing duties that are primarily related to the functions of the lower Wisconsin state riverway board, 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 natural resources immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of natural resources that is primarily related to the functions of the lower Wisconsin state riverway board, as determined by the secretary of administration, is transferred to the department of tourism.
(e) Contracts. All contracts entered into by the department of natural resources in effect on the effective date of this paragraph that are primarily related to the functions of the lower Wisconsin state riverway board, 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.
27,9141
Section 9141.
Nonstatutory provisions; military affairs.
(2b) National guard tuition grants. The treatment of section 21.49 (3) (a) of the statutes by Section 1220t of this act is effective only if 1995 Assembly Bill 73, as shown by senate substitute amendment 2, as affected by senate amendment 1, is enacted without change as it affects section 21.49 (3) (a) of the statutes.
27,9142
Section 9142.
Nonstatutory provisions; natural resources.
(1) Transfer of state property. On July 1, 1996, the department of natural resources shall convey to the state historical society title to Old Wade House state park, including the Wesley W. Jung Carriage Museum, in the town of Greenbush, Sheboygan County.
(1g) Report on use of wood ash. No later than November 1, 1995, the department of natural resources shall submit a report to the legislature, in the manner provided under section 13.172 (2) of the statutes, on how it will facilitate the use of wood ash and coordinate activities related to the use of wood ash by producers of wood ash, farmers and the department.
(2t) Allocation of expenditure reductions. The department of natural resources shall submit, to the joint committee on finance for consideration at its 3rd quarterly meeting in 1995 under section 13.10 of the statutes, a plan for allocating reductions of $475,000 in fiscal year 1995-96 and $475,000 in fiscal year 1996-97 among the department's appropriations from the environmental fund.
(6) Petroleum storage tank transfer.
(b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of natural resources primarily related to the responsibilities that are given to the department of development by this act concerning discharges from petroleum storage tanks, as determined by the secretary of administration, shall become the assets and liabilities of the department of development.
(c) Employe transfers. On the effective date of this paragraph, the employes of the department of natural resources that perform primarily activities associated with the responsibilities that are given to the department of development by this act concerning discharges from petroleum storage tanks, as determined by the secretary of administration, are transferred to the department of development.
(d) Employe status. Employes transferred under paragraph (b) to the department of development have all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of development that they enjoyed in the department of natural resources immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.
(e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of natural resources primarily used in relation to the responsibilities that are given to the department of development by this act concerning discharges from petroleum storage tanks, as determined by the secretary of administration, are transferred to the department of development.
(f) Contracts. All contracts entered into by the department of natural resources relating to the responsibilities that are given to the department of development by this act concerning discharges from petroleum storage tanks that are in effect on the effective date of this paragraph remain in effect and are transferred to the department of development. The department of development shall carry out any obligations under those contracts until they are modified or rescinded by the department of development to the extent allowed under the contracts.
(g) Orders. All orders issued by the department of natural resources that are in effect on the effective date of this paragraph relating to the responsibilities that are given to the department of development by this act concerning discharges from petroleum storage tanks remain in effect until their specified expiration dates or until modified or rescinded by the department of development.
(h) Pending matters. Any matter pending with the department of natural resources on the effective date of this paragraph relating to the responsibilities that are given to the department of development by this act concerning discharges from petroleum storage tanks is transferred to the department of development and all materials submitted to or actions taken by the department of natural resources with respect to the pending matter are considered to have been submitted to or taken by the department of development.
(i) Federal approval. The secretary of natural resources, the secretary of industry, labor and human relations and the secretary of development shall work together to ensure that the changes in this state's program for underground storage tank regulation that result from this act are approved by the federal environmental protection agency under 42 USC 6991c no later than January 1, 1997.
(j) Memorandum of understanding. The department of development and the department of natural resources shall submit a memorandum of understanding, as required under section 101.144 (3m) of the statutes, as created by this act, to the secretary of administration no later than October 15, 1995.
(6g) Clean water fund emergency rules. Before July 1, 1996, using the procedure under section 227.24 of the statutes, the department of natural resources shall promulgate rules required under section 144.241 (9m) (fm) of the statutes, as created by this act, for the period before 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 of the statues, 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.
(6t) Rules on reuse of high-volume industrial waste.
(a) The department of natural resources shall create a committee under section 227.13 of the statutes to advise the department with respect to the promulgation of rules under section 144.435 (5) of the statutes, as created by this act. The advisory committee shall consist of the following members:
1. Two representatives of the Wisconsin Cast Metals Association, designated by the association.
2. One representative of the Wisconsin Paper Council, designated by the council.
3. One representative of the Wisconsin Utilities Association, designated by the association.
