(1) Agency name change.
(a) Wherever the term “department of public instruction" appears in the statutes, as affected by the acts of 1995, the term “department of education" is substituted.
(b) Wherever the term “state superintendent" appears in chapters 115 to 121 of the statutes, as affected by the acts of 1995
, except section 118.40 (1) of the statutes, as affected by this act, and except section 118.43 (5) (b) of the statutes, as created by this act, the term “department" is substituted.
(c) Wherever the term “state superintendent of public instruction" or “superintendent of public instruction" appears in the statutes, as affected by the acts of 1995, other than in chapters 14, 15, 20, 39 and 230 of the statutes, as affected by the acts of 1995, the term “secretary of education" is substituted.
(2) Pupil assessment. Except as provided in section 118.30 (2) of the statutes, as affected by this act, in the 1995-96 school year a school board may administer the 4th grade examination adopted or approved by the state superintendent of public instruction under section 118.30 (1) of the statutes, as affected by this act, to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade.
(3) School district revenue limits.
(a) For the purpose of calculating a school district's revenue limit for the 1995-96 school year under section 121.91 (2m) of the statutes, as affected by this act, the school district's revenue limit for the 1994-95 school year shall be recalculated using the definition of state aid in section 121.90 (2) of the statutes, as affected by this act, in section 121.91 (2) (a) 1. and (b) 1. of the statutes.
(b) For the purpose of calculating the revenue limit for the 1995-96 school year under section 121.91 (2m) of the statutes, as affected by this act, for the school district operating under chapter 119 of the statutes, the number of pupils used to calculate the school district's revenue limit for the 1994-95 school year shall be recomputed using the definition of “number of pupils" in section 121.90 (1) of the statutes, as affected by this act.
(7) Efficiency measures. By September 1, 1995, the department of public instruction shall submit a report to the joint committee on finance recommending how savings in fiscal year 1995-96 of $904,800 and in fiscal year 1996-97 of $3,524,000 resulting from budgetary efficiency measures should be allocated among the department's general purpose revenue appropriations, excluding local assistance appropriations and the appropriation under section 20.255 (3) (ea) of the statutes, as created by this act.
If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the report within 14 working days after the date of the submittal, the recommendation may be implemented as proposed by the department. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the report, the recommendation may be implemented only upon approval of the committee.
(8g) Initial terms of education commission members. Notwithstanding section 15.37 (1) (b) to (f) of the statutes, as affected by this act, the initial terms of the members of the education commission appointed under that section expire on January 20, 1997.
(8h) Office of the state superintendent of public instruction. The state superintendent of public instruction shall submit to the joint committee on finance a plan for the expenditure of the moneys appropriated under section 20.265 (1) of the statutes, as created by this act, during the 1995-97 biennium. The state superintendent may not encumber any of the moneys appropriated under that section of the statutes in the 1995-97 biennium without the approval of the plan by the committee.
(12v)
Cooperative educational service agency bylaws. The department of public instruction shall draft sample bylaws for the use of cooperative educational service agencies and by January 1, 1996, distribute a copy of the sample bylaws to the board of control of each cooperative educational service agency.
(12w)
Cooperative educational service agency annual convention. Notwithstanding section 116.02 of the statutes, as affected by this act, the board of control of each cooperative educational service agency shall hold its 1996 annual convention on June 12, 1996.
(12x)
Milwaukee parental choice program. Notwithstanding section 119.23 (2) (a) 3. of the statutes, as affected by this act, a private school shall notify the department of public instruction of the school's intent to participate in the program under that section of the statutes in the 1995-96 school year by July 15, 1995.
(13q)
Achievement guarantee contracts. Notwithstanding section 20.255 (2) (cu) of the statues, as created by this act, the department of public instruction and, beginning on January 1, 1996, the department of education, shall allocate $196,000 from that appropriation in the 1995-96 school year to design the evaluation required under section 118.43 (7) of the statues, as created by this act.
(15e)
Vocational education consultants. Of the amount appropriated under section 20.255 (1) (a) of the statutes, as affected by the acts of 1995, in the 1996-97 fiscal year, $741,100 is allocated to fund the positions specified in section 115.28 (30) of the statutes.
27,9147
Section 9147.
Nonstatutory provisions; regulation and licensing.
(1)
Charitable organization certificate of registration expiration dates. Notwithstanding section 440.08 (2) (a) 23m. of the statutes, as created by this act, and section 440.42 (1) (c) of the statutes, as affected by this act, the expiration date of a certificate of registration that was issued to a charitable organization under section 440.42 (1) (c), 1993 stats., before the effective date of this subsection and that expires after August 1, 1995, shall be extended to August 1, 1996.
(2) Renewal of professional fund-raiser and fund-raising counsel credentials.
(a) Credentials renewed on September 1, 1994. Notwithstanding section 440.43 (1) (c), 1993 stats., and section 440.44 (1) (c), 1993 stats., a certificate of registration for a professional fund-raiser or for a fund-raising counsel that was renewed on September 1, 1994, shall be valid until and renewable on September 1, 1996.
(b) Credentials issued on or after September 1, 1994. Notwithstanding section 440.43 (1) (c), 1993 stats., and section 440.44 (1) (c), 1993 stats., an initial certificate of registration for a professional fund-raiser or for a fund-raising counsel that was issued on or after September 1, 1994, and before the effective date of this paragraph shall be valid until and renewable on September 1, 1996.
(3)
Mortgage banking transfer.
(a) On the effective date of this paragraph, the assets and liabilities of the department of regulation and licensing primarily related to mortgage bankers, loan originators and loan solicitors, as determined by the secretary of administration, shall become the assets and liabilities of the department of financial institutions.
(b) One FTE PR position in the department of regulation and licensing performing duties primarily related to mortgage bankers, loan originators and loan solicitors, as determined by the secretary of administration, and the incumbent employe holding that position are transferred on the effective date of this paragraph to the department of financial institutions.
(c) The employe transferred under paragraph (b) has all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of financial institutions that the employe enjoyed in the department of regulation and licensing 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, all tangible personal property, including records, of the department of regulation and licensing that is primarily related to mortgage bankers, loan originators and loan solicitors, as determined by the secretary of administration, is transferred to the department of financial institutions.
(e) All contracts entered into by the department of regulation and licensing in effect on the effective date of this paragraph that are primarily related to mortgage bankers, loan originators and loan solicitors, as determined by the secretary of administration, remain in effect and are transferred to the department of financial institutions. The department of financial institutions shall carry out any such contractual obligations until modified or rescinded by the department of financial institutions to the extent allowed under the contract.
(f) All rules promulgated by the department of regulation and licensing that are in effect on the effective date of this paragraph and that are primarily related to mortgage bankers, loan originators and loan solicitors, as determined by the secretary of administration, remain in effect until their specified expiration date or until amended or repealed by the department of financial institutions. All orders issued by the department of regulation and licensing that are in effect on the effective date of this paragraph and that are primarily related to mortgage bankers, loan originators and loan solicitors, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the secretary of financial institutions.
(g) All matters pending with the department of regulation and licensing on the effective date of this paragraph that are primarily related to mortgage bankers, loan originators and loan solicitors, as determined by the secretary of administration, are transferred to the department of financial institutions and all materials submitted to or actions taken by the department of regulation and licensing with respect to the pending matter are considered as having been submitted to or taken by the department of financial institutions.
27,9148
Section 9148.
Nonstatutory provisions; revenue.
(1) Audit report. On or before November 15, 1996, the department of revenue shall report to the department of administration on the net gain to the general fund and to counties due to the audit program under section 73.03 (28m) of the statutes, as created by this act, compared to previous auditing of occasional sales of motor vehicles.
(1x) Rules. On or before May 1, 1996, the department of revenue shall submit to the legislative council staff under section 227.15 (1) of the statutes proposed rules to implement use-value assessment of agricultural land. The rules shall define “agricultural use" and shall designate categories of agricultural land based upon agricultural use, soil productivity and location. The rules shall also include guidelines to be used by property tax assessors in classifying land as agricultural land, including guidelines on ways to distinguish, particularly with respect to small acreage parcels, land devoted primarily to agricultural use from land devoted primarily to residential, recreational or commercial use. The rules shall provide a capitalization rate based on the federal land bank's 5-year average capitalization rate for, and the per-acre values based on the income that
is or could be generated from renting for agricultural use of, each category of land. The rules shall provide a method for calculating capitalization rates for each municipality by adding to the 5-year average of federal land bank short-term adjustable rate mortgages for this state's agricultural marketplace the municipality's net property tax rate for the previous year. After they are promulgated, the rules shall be incorporated into the assessment manual under section 73.03 (2a) of the statutes.
(2) Delinquent accounts. Notwithstanding section 73.03 (33m) of the statutes, as affected by this act, the fee on accounts that are delinquent on December 31, 1995, is the fee as calculated under section 73.03 (33m), 1993 stats., plus 2% of the taxes, fees, other than the fee under that subsection, interest and penalties owed on December 31, 1995, or plus $10, whichever is greater.
(3x) Property tax bill. The department of revenue shall form a committee composed of employes of that department and local officials and shall hire an expert in the design of billing forms. The committee and the expert shall design a property tax bill that will fulfill the requirements under section 74.09 of the statutes, as affected by this act, and that is at least 8.5 inches by 11 inches. On or before January 15, 1996, the department of revenue shall submit to the joint committee on finance the department's proposal for a new property tax bill and its recommendations for statutory changes that are needed to assist implementation of the proposed property tax bill. If the cochairpersons of the committee do not notify the secretary of revenue within 14 working days after the date of the department's submittal that the committee intends to schedule a meeting to review the proposed tax bill, the department may require taxation districts to use the bill. If, within 14 working days after the date of the department's submittal, the cochairpersons notify the secretary that the committee intends to schedule a meeting to review the proposed tax bill, the department may not require its use without the committee's approval.
(3z) Business tax registration.
(a) The department of revenue shall submit to the joint committee on finance, at the committee's first meeting under section 13.10 of the statutes during the 1995-96 fiscal year, a proposal for the fees under section 73.03 (50) of the statutes, as created by this act. The department shall propose a fee for original registration of at least $20, and a fee for renewal of at least $10. The department shall propose a registration fee schedule that reflects traditional differentials between fees and costs for the business. At that time the department shall also estimate the date when the revenue that those fees generate will exceed the cost of administering the certificate. The fee for original registration that the committee approves first applies on January 1, 1996. The fee for renewal that the committee approves first applies on January 1, 1998.
(b) Any person who holds a permit, license or certificate issued by the department of revenue that expires on or after December 31, 1995, for an activity for which a business tax registration certificate is required on or after January 1, 1996, shall, upon application, be issued at no charge a business tax registration certificate under section 73.03 (50) of the statutes, as created by this act, that expires on January 1, 1998.
27,9149
Section 9149.
Nonstatutory provisions; savings and loan.
(1)
Transfer of functions to division of savings and loan.
(a) On the effective date of this paragraph, the assets and liabilities of the office of the commissioner of savings and loan shall become the assets and liabilities of the division of savings and loan.
(b) On the effective date of this paragraph, 10.0 FTE PR positions in the office of the commissioner of savings and loan and the incumbent employes holding those positions are transferred to the division of savings and loan.
(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 division of savings and loan that they enjoyed in the office of commissioner of savings and loan 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, 6.0 FTE PR positions in the office of the commissioner of savings and loan are deauthorized.
(e) On the effective date of this paragraph, all tangible personal property, including records, of the office of the commissioner of savings and loan is transferred to the division of savings and loan.
(f) All contracts entered into by the office of the commissioner of savings and loan in effect on the effective date of this paragraph remain in effect and are transferred to the division of savings and loan. The division of savings and loan shall carry out any such contractual obligations until modified or rescinded by the division of savings and loan to the extent allowed under the contract.
(g) All rules promulgated by the office of the commissioner of savings and loan 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 division of savings and loan. All orders issued by the office of the commissioner of savings and loan 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 administrator of the division of savings and loan.
(h) All matters pending with the office of the commissioner of savings and loan on the effective date of this paragraph are transferred to the division of savings and loan and all materials submitted to or actions taken by the office of the commissioner of savings and loan with respect to the pending matter are considered as having been submitted to or taken by the division of savings and loan.
27,9150
Section 9150.
Nonstatutory provisions; secretary of state.
(1bt)
Transfer of functions to department of financial institutions.
(a) On the effective date of this paragraph, the assets and liabilities of the office of the secretary of state primarily related to business organization record-keeping and filing functions, as determined by the secretary of administration, shall become the assets and liabilities of the department of financial institutions.
(am) On the effective date of this paragraph, 17.0 FTE PR positions in the office of the secretary of state performing duties primarily related to business organization record-keeping and filing functions, as determined by the secretary of administration, and the incumbent employes holding those positions are transferred to the department of financial institutions.
(as) Employes transferred under paragraph (am) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of financial institutions that they enjoyed in the office of the secretary of state 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.
(b) On the effective date of this paragraph, all tangible personal property, including records, of the office of the secretary of state that is primarily related to business organization record-keeping and filing functions, as determined by the secretary of administration, is transferred to the department of financial institutions.
(c) All contracts entered into by the office of the secretary of state in effect on the effective date of this paragraph that are primarily related to business organization record-keeping and filing functions, as determined by the secretary of administration, remain in effect and are transferred to the department of financial institutions. The department of financial institutions shall carry out any such contractual obligations until modified or rescinded by the department of financial institutions to the extent allowed under the contract.
(d) All rules promulgated by the office of the secretary of state that are in effect on the effective date of this paragraph and that are primarily related to business organization record-keeping and filing functions, as determined by the secretary of administration, remain in effect until their specified expiration date or until amended or repealed by the department of financial institutions. All orders issued by the office of the secretary of state that are in effect on the effective date of this paragraph and that are primarily related to business organization record-keeping and filing functions, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the secretary of financial institutions.
(e) All matters pending with the office of the secretary of state on the effective date of this paragraph that are primarily related to business organization record-keeping and filing functions, as determined by the secretary of administration, are transferred to the department of financial institutions and all materials submitted to or actions taken by the office of the secretary of state with respect to the pending matter are considered as having been submitted to or taken by the department of financial institutions.
(2bt)
Transfer of uniform commercial code filing functions to department of financial institutions.
(a) On the effective date of this paragraph, the assets and liabilities of the office of the secretary of state primarily related to uniform commercial code filings and federal lien filings, as determined by the secretary of administration, shall become the assets and liabilities of the department of financial institutions.
(b) On the effective date of this paragraph, 14.0 FTE PR positions in the office of the secretary of state performing duties primarily related to uniform commercial code filings and federal lien filings, as determined by the secretary of administration, and the incumbent employes holding those positions are transferred to the department of financial institutions.
(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 department of financial institutions that they enjoyed in the office of the secretary of state 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, all tangible personal property, including records, of the office of the secretary of state that is primarily related to uniform commercial code filings and federal lien filings, as determined by the secretary of administration, is transferred to the department of financial institutions.
(e) All contracts entered into by the office of the secretary of state in effect on the effective date of this paragraph that are primarily related to uniform commercial code filings and federal lien filings, as determined by the secretary of administration, remain in effect and are transferred to the department of financial institutions. The department of financial institutions shall carry out any such contractual obligations until modified or rescinded by the department of financial institutions to the extent allowed under the contract.
(f) All rules promulgated by the office of the secretary of state that are in effect on the effective date of this paragraph and that are primarily related to uniform commercial code filings and federal lien filings, as determined by the secretary of administration, remain in effect until their specified expiration date or until amended or repealed by the department of financial institutions. All orders issued by the office of the secretary of state that are in effect on the effective date of this paragraph and that are primarily related to uniform commercial code filings and federal lien filings, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the secretary of financial institutions.
(g) All matters pending with the office of the secretary of state on the effective date of this paragraph that are primarily related to uniform commercial code filings and federal lien filings, as determined by the secretary of administration, are transferred to the department of financial institutions and all materials submitted to or actions taken by the office of the secretary of state with respect to the pending matter are considered as having been submitted to or taken by the department of financial institutions.
27,9151
Section 9151.
Nonstatutory provisions; securities.
(1)
Transfer of functions to division of securities.
(a) On the effective date of this paragraph, the assets and liabilities of the office of the commissioner of securities shall become the assets and liabilities of the division of securities.
(b) On the effective date of this paragraph, 22.0 FTE PR positions in the office of the commissioner of securities and the incumbent employes holding those positions are transferred to the division of securities.
(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 division of securities that they enjoyed in the office of the commissioner of securities 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, 8.0 FTE PR positions in the office of the commissioner of securities are deauthorized.
(e) On the effective date of this paragraph, all tangible personal property, including records, of the office of the commissioner of securities is transferred to the division of securities.
(f) All contracts entered into by the office of the commissioner of securities in effect on the effective date of this paragraph remain in effect and are transferred to the division of securities. The division of securities shall carry out any such contractual obligations until modified or rescinded by the division of securities to the extent allowed under the contract.
(g) All rules promulgated by the office of the commissioner of securities 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 division of securities. All orders issued by the office of the commissioner of securities 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 administrator of the division of securities.
(h) All matters pending with the office of the commissioner of securities on the effective date of this paragraph are transferred to the division of securities and all materials submitted to or actions taken by the office of the commissioner of securities with respect to the pending matter are considered as having been submitted to or taken by the division of securities.
27,9152
Section 9152.(18)
Nonstatutory provisions; state fair park board.
(1t) Lease between state fair park board and department of natural resources.
(a) The state fair park board and the department of natural resources shall terminate the lease under which the department leases from the board real property located at state fair park. The department of natural resources shall transfer to the state fair park board without receipt of any consideration from the state fair park board all of the department's buildings, appurtenances, fixtures, exhibits and other structures and facilities that are located on the real property. The department and the board shall terminate the lease only after the procedures under paragraphs (b)
and (c) have been complied with.
(b) The state fair park board and the department of natural resources shall enter into a memorandum of understanding that will implement the termination of the lease. The memorandum of understanding shall include terms and conditions to be followed by the department and the board in complying with section 42.09 (2) of the statutes, as created by this act, and shall include language that allows the department and the board to address any other issues that arise from the termination of the lease and from the use of the property by the department after the lease is terminated.
(c) The state fair park board and the department of natural resources shall submit the memorandum of understanding in writing to the joint committee on finance before January 1, 1996. If the cochairpersons of the committee do not notify the department and the board within 14 working days after the submittal of the memorandum of understanding that the committee has scheduled a meeting to review the memorandum of understanding, the department and the board shall terminate the lease in compliance with the memorandum of understanding. If, within 14 working days after the date of the submittal of the memorandum of understanding, the cochairpersons of the committee notify the department and the board that the committee has scheduled a meeting to review the memorandum of understanding, the lease will be terminated only if this memorandum of understanding has been approved by the committee.
(1x)
Youth and athlete facility construction options. The state fair park board and the department of administration jointly shall submit to the joint committee on finance a review of the most cost-effective construction options for the youth and athlete facility at state fair park, which may include construction by a private contractor and a lease to the state with the option by the state to purchase. The state fair park board may not proceed with construction of the youth and athlete facility without approval of the construction option report by the joint committee on finance.
(1z) Independent report analyzing financial viability of building projects. The state fair park board shall contract for an independent written report analyzing the financial viability of the building projects identified under Section 9108 (1) (i) of this act as the “Youth and athlete facility" and the “Coliseum renovation". The board shall submit a copy of the report to each member of the building commission.
27,9154
Section 9154.
Nonstatutory provisions; technical college system.
(1) Elimination of educational approval board.
(a) Wherever the term “educational approval board" appears in the statutes, as affected by the acts of 1995, the term “department of education" is substituted.
(c) On the effective date of this paragraph, the assets and liabilities of the technical college system board that are primarily related to the functions of the educational approval board, as determined by the secretary of administration, shall become the assets and liabilities of the department of education.
(d) All incumbent employes holding positions in the technical college system board performing duties primarily related to the functions of the educational approval board, as determined by the secretary of administration, except the executive secretary of the board, are transferred on the effective date of this paragraph to the department of education.
(e) 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 education that they enjoyed in the educational approval board 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.
(f) On the effective date of this paragraph, all tangible personal property, including records, of the technical college system board that is primarily related to the functions of the educational approval board, as determined by the secretary of administration, is transferred to the department of education.
(g) All contracts entered into by the technical college system board that are primarily related to the functions of the educational approval board, as determined by the secretary of administration, in effect on the effective date of this paragraph, and all contracts entered into by the educational approval board in effect on the effective date of this paragraph, remain in effect and are transferred to the department of education. The department of education shall carry out any such contractual obligations until modified or rescinded by the department of education to the extent allowed under the contract.
