Wisconsin Legislature: 27,9110

27,9107 Section 9107.1 Nonstatutory provisions; building commission.

(1) 1997-99 Authorized state building program. For the fiscal years beginning on July 1, 1997, and ending on June 30, 1999, the authorized state building program is as follows: - See PDF for table

(2) 1999-2001 Authorized state building program. For the fiscal years beginning on July 1, 1999, and ending on June 30, 2001, the authorized state building program is as follows: - See PDF for table

- See PDF for table

(3) 1993-95 and 1995-97 state building program changes.

(a) In 1993 Wisconsin Act 16, section 9108 (1) (g) 1., under projects financed by general fund supported borrowing, and 1993 Wisconsin Act 16, section 9108 (1) (o) 1., under projects financed by existing general fund supported borrowing authority, the 1993-95 state building program project identified as “New laboratory facility - Phase 1" is transferred to 1993 Wisconsin Act 16, section 9108 (1) (a), under the department of administration for projects financed by program revenue supported borrowing and the appropriate totals are decreased and increased accordingly.

(b) In 1995 Wisconsin Act 27, section 9108 (1) (b) 3., as affected by 1995 Wisconsin Act 388, under projects financed by federal funds, the following project is added to the 1995-97 state building program and the appropriate totals are increased by the amounts shown: - See PDF for table

(c) In 1995 Wisconsin Act 27, section 9108 (1) (m), under projects financed by general fund supported borrowing, the amount authorized for the project identified as “Platteville — Russell Hall remodeling" is increased from $7,297,000 to $7,927,000 and the appropriate totals are increased accordingly.

(d) In 1995 Wisconsin Act 27, section 9108 (1) (i) 2., under projects financed by program revenue supported borrowing, the 1995-97 state building program project identified as “Coliseum renovation" is deleted and the appropriate totals are decreased accordingly.

(4) Programs previously authorized. In addition to the projects and financing authority enumerated under subsection (1), the building and financing authority enumerated under the previous authorized state building programs is continued in the 1997-99 fiscal biennium.

(5) Loans. During the 1997-99 fiscal biennium, the building commission may make loans from general fund supported borrowing or the building trust fund to state agencies, as defined in section 20.001 (1) of the statutes, for projects which are to be utilized for programs not funded by general purpose revenue and which are authorized under subsection (1).

(6) Project contingency funding reserve. During the 1997-99 fiscal biennium, the building commission may allocate moneys from the appropriation under section 20.866 (2) (yg) of the statutes, as affected by this act, for contingency expenses in connection with any project in the authorized state building program.

(7) Capital equipment funding allocation.

(a) During the 1997-99 fiscal biennium, the building commission may allocate moneys from the appropriation under section 20.866 (2) (ym) of the statutes, as affected by this act, for capital equipment acquisition in connection with any project in the authorized state building program.

(b) During the 1997-99 fiscal biennium, the building commission may allocate moneys from the appropriation under section 20.866 (2) (ym) of the statutes, as affected by this act, to acquire other priority capital equipment for state agencies, as defined in section 20.001 (1) of the statutes.

(10) Replacement of swine research facility. Notwithstanding the enumeration of the replacement of the Arlington swine research facility from gifts, grants and receipts under subsection (1) (j) 5., the building commission may supplement the project budget from funds appropriated to the board of regents of the University of Wisconsin System.

(11) Healthstar funding.

(b) Healthstar projects under subsection (1) (L) shall include a health sciences learning center, interdisciplinary research center, parking ramps, related utility expansions, ancillary systems and supporting infrastructure projects at the University of Wisconsin — Madison. Healthstar projects under subsection (1) (L) shall also include improvements to the project identified as “University of Wisconsin-Madison — School of Pharmacy", enumerated in 1995 Wisconsin Act 27, section 9108 (1) (o) 1. and 3.

(c) The building commission may authorize changes in the sources of funds identified under subsection (1) (L), if all of the following conditions are met:

1. The total adjusted cost of all healthstar projects funded from general fund supported borrowing allocations under section 20.866 (2) (z) 2m. of the statutes, as created by this act, does not exceed $72,000,000.

2. The building commission determines that the total project funding from gifts, grants and other receipts for all healthstar projects will be at least $120,000,000.

(12zt) Nash Auto Museum.

(a) After funding all other enumerated projects to be funded from public debt contracted under section 20.866 (2) (z) of the statutes, in allocating any remaining existing but unused bonding authority under section 20.866 (2) (z) of the statutes, the building commission shall give priority to funding the Nash Auto Museum project over funding unenumerated minor projects.

(b) If the building commission approves the Nash Auto Museum project, the building commission shall authorize the contracting of public debt under section 20.866 (2) (z) of the statutes, as affected by this act, for the purpose of making a payment to the Kenosha Historical Society to provide facilities suitable for the maintenance, storage and display of its collection of Nash automobiles and other historical materials. The total amount of the payments under this paragraph shall be determined by the building commission, but shall not exceed the lesser of the amount enumerated in the state building program for the project under existing general fund supported borrowing or 12.5% of the cost of the project. The building commission may not make payments under this paragraph unless the department of administration has reviewed and approved the plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Sections 16.87 and 16.89 of the statutes do not apply to the project.

(13) Department of transportation minor projects. Notwithstanding the approval of the building commission of a project under section 13.48 (10) of the statutes, the department of transportation may not use more than $2,177,300 in segregated fund supported revenue borrowing authority for minor building or maintenance projects during the 1997-99 fiscal biennium.

(14t) State fair park racetrack improvements. Notwithstanding section 18.04 (2) of the statutes, the building commission may not authorize public debt to be contracted under section 20.866 (2) (zz) of the statutes for the building project identified under subsection (1) (g) 2. as “Racetrack improvements" until the legislative audit bureau has notified the building commission that the bureau has completed the review required under Section 9132 (2t) of this act.

27,9109 Section 9109. Nonstatutory provisions; circuit courts.

(1ttg) Circuit court branch, 1998. The initial election for circuit judge for branch 2 of the circuit court for Oconto County shall be at the spring election of 1998 for a term commencing August 1, 1998, and ending July 31, 2004.

(1tug) Circuit judge position. The authorized FTE positions for the circuit courts are increased by 1.0 GPR circuit judge position on August 1, 1998, to be funded from the appropriation under section 20.625 (1) (a) of the statutes, to provide an additional circuit court judge for the circuit court branch for Oconto County created by this act.

(1tvg) Court reporter position. The authorized FTE positions for the circuit courts are increased by 1.0 GPR court reporter position on August 1, 1998, to be funded from the appropriation under section 20.625 (1) (a) of the statutes, to provide one additional court reporter for the circuit court branch for Oconto County created by this act.

27,9110 Section 9110. Nonstatutory provisions; commerce.

(1) Plat review transfer.

(a) On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to the municipal boundary and plat review responsibilities given to the department of administration by this act shall become the assets and liabilities of the department of administration.

(b) On the effective date of this paragraph, the employes of the department of commerce primarily performing duties related to the municipal boundary and plat review responsibilities given to the department of administration by this act are transferred to the department of administration.

(c) Employes transferred under paragraph (b) to the department of administration 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 administration that they enjoyed in the department of commerce 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 commerce that is primarily related to the municipal boundary and plat review responsibilities given to the department of administration by this act is transferred to the department of administration.

(e) Any matter pending with the department of commerce on the effective date of this paragraph relating to the municipal boundary and plat review responsibilities given to the department of administration by this act is transferred to the department of administration and all materials submitted to or actions taken by the department of commerce with respect to the pending matter are considered to have been submitted to or taken by the department of administration.

(2) Brownfields memorandum of understanding. No later than December 31, 1997, the department of administration, the department of commerce and the department of natural resources shall enter into a memorandum of understanding that addresses at least all of the following:

(a) Providing advice and guidance to the governor and state agencies on issues related to brownfields, as defined in section 560.13 (1) (a) of the statutes, as created by this act.

(b) Criteria priorities, within statutory guidelines, for awarding grants and loans under brownfields redevelopment programs.

(c) Procedures for each of the departments to follow in making recommendations to another department on awarding grants or loans under a brownfields redevelopment program.

(d) Remediation activities that qualify as in-kind contributions under section 560.13 (2) (b) 1. of the statutes, as created by this act.

(e) A mechanism for resolving conflicts and disagreements among the 3 departments related to brownfields issues.

(3) Rules for brownfields funding guidelines. The department of commerce shall submit in proposed form the rules required under section 560.13 (6) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than December 31, 1997.

(3g) Mining economic development grants and loans. The funding in section 20.143 (1) (r) of the statutes, as created by this act, for the 1997-99 fiscal biennium for the mining economic development grant and loan program under section 560.135 of the statutes, as created by this act, shall come first from any project reserve fund under section 70.395 (2) (d) 4. of the statutes, as affected by this act, notwithstanding the limits on the use of project reserve funds under section 70.395 (2) (d) 4. of the statutes, as affected by this act.

(4) Exemption from emergency rule-making procedures. Using the procedure under section 227.24 of the statutes, the department of commerce may promulgate rules under section 560.13 (6) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 560.13 (6) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the department is not required to make a finding of emergency.

(4m) Rules for reduction of petroleum cleanup awards. Using the procedure under section 227.24 of the statutes, the department of commerce may promulgate rules required under section 101.143 (4) (h) 2. of the statutes, as created by this act, for the period before the effective date of permanent rules under that provision, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) 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.

(5) Petroleum discharges; interest reimbursement rules. Using the procedure under section 227.24 of the statutes, the department of commerce shall promulgate rules required under section 101.143 (4) (c) 8. of the statutes, as created by this act, for the period before the effective date of the permanent rules under that provision, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) 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.

(6g) Labor training and services grant.

(a) The department of commerce may make a grant of not more than $100,000 from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, to the private industry council serving Ozaukee County to fund a labor training and employment services program to provide employes of Garden Way, Inc., who are being laid off from the company's facilities in Port Washington 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, or any other federal or state job training program.

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

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

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

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

(6h) Study on home-based business barriers. The department of commerce shall conduct a study on barriers to starting and operating home-based businesses and on encouraging further development of home-based businesses in the state. On or before January 1, 1998, the department shall submit a report of its findings, conclusions and recommendations to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes.

(6m) Rules for the identification of oxygenates. The department of commerce shall review section Comm 48.10, Wisconsin Administrative Code, and during that review consider incorporating the uniform laws and regulations in the areas of legal metrology and engine fuel quality, as adopted by the National Conference on Weights and Measures. The department of commerce shall submit proposed rules that revise section Comm 48.10, Wisconsin Administrative Code, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.

(6n) Study on downtown Wisconsin fund. The department of commerce shall study the possibility and feasibility of creating a fund to provide financial assistance to small-sized and medium-sized municipalities to assist in revitalizing and promoting the economic health of downtown commercial districts, preserving farmland and preventing urban sprawl. As part of the study, the department shall explore the potential for coordinating assistance through the state main street program under section 560.081 of the statutes and with the department of tourism through its heritage tourism program under section 41.19 of the statutes, as affected by this act. The department of commerce shall submit a report of its findings, conclusions and recommendations to the joint committee on finance at the 2nd quarterly meeting of the committee for the 1997-98 fiscal year under section 13.10 of the statutes.

(7f) Grant or loan for pedestrian bridge project.

(a) The department of commerce may make a grant or loan of not more than $1,200,000 from the appropriations under section 20.143 (1) (c) and (ie) of the statutes, as affected by this act, to a person for a project that includes a pedestrian bridge, if all of the following apply:

1. The project is located in the city of Madison and bounded by Regent Street, North Murray Street, West Dayton Street, North Frances Street, Frances Court and West Washington Avenue.

2. The person submits a plan to the department of commerce detailing the proposed use of the grant or loan and the secretary of commerce approves the plan.

3. The person enters into a written agreement with the department of commerce that specifies the grant or loan terms and the conditions for use of the grant or loan proceeds, including reporting and auditing requirements.

4. The person agrees in writing to submit to the department of commerce, within 6 months after spending the full amount of the grant or loan, a report detailing how the grant or loan proceeds were used.

(b) If the department of commerce makes a loan under this subsection, the department of commerce shall deposit in the appropriation account under section 20.143 (1) (ie) of the statutes, as affected by this act, any moneys received in repayment of the loan.

27,9111 Section 9111. Nonstatutory provisions; corrections.

(2u) Temporary placement of young adult offenders. Notwithstanding 1995 Wisconsin Act 27, section 9126 (23) and (26v), the secretary of corrections may direct the division of adult institutions in the department of corrections and the division of juvenile correctional services in that department to enter into an intra-agency agreement for the use of the secured correctional facility authorized under 1995 Wisconsin Act 27, section 9126 (26v), as a state prison as authorized under 1997 Wisconsin Act 4, section 4 (1) (a). The agreement shall require the division of adult institutions in the department of corrections to reimburse the division of juvenile correctional services in that department, from the appropriation account under section 20.410 (1) (ab) of the statutes, as affected by this act, for the full cost of operating that secured correctional facility as a state prison during the term of the agreement. The division of juvenile corrections in the department of corrections shall credit all moneys received under this subsection to the appropriation account under section 20.410 (3) (hm) of the statutes, as affected by this act, and use those moneys to operate the state prison authorized under 1997 Wisconsin Act 4, section 4 (1) (a).

(3g) Private businesses and prison employment.

(a) 1. No later than February 1, 1998, the department of corrections shall submit a plan to the joint committee on finance regarding proposed revenues and proposed expenditures under section 303.01 (2) (em) of the statutes, as affected by this act, during the 1997-99 biennium. If the cochairpersons of the committee do not notify the department of corrections within 14 working days after the date of the submittal that the committee has scheduled a meeting to take place for the purpose of reviewing the plan, the department may proceed with the plan. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department of corrections that the committee has scheduled a meeting to take place for the purpose of reviewing the plan, the department may proceed with the plan only after incorporating any changes that are made to the plan by the joint committee on finance at the meeting.

2. Beginning after February 1, 1998, the department of corrections shall submit any modifications to the plan approved by the the joint committee on finance under subdivision 1. to the joint committee on finance. If the cochairpersons of the committee do not notify the department of corrections within 14 working days after the date of the submittal that the committee has scheduled a meeting to take place for the purpose of reviewing the modified plan, the department may proceed with the modified plan. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department of corrections that the committee has scheduled a meeting to take place for the purpose of reviewing the modified plan, the department may proceed with the modified plan only after incorporating any changes that are made to the modified plan by the joint committee on finance at the meeting.

(b) No later than February 1, 1998, the department of corrections and the department of administration shall jointly submit a plan to the joint committee on finance re garding the distribution of assets and liabilities between the prison industries program under section 303.01 (1) of the statutes and the private business program operating under section 303.01 (2) (em) of the statutes, as affected by this act. If the cochairpersons of the committee do not notify the department of corrections and the department of administration within 14 working days after the date of the submittal that the committee has scheduled a meeting to take place for the purpose of reviewing the plan, the department of corrections and the department of administration may proceed with the plan. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department of corrections and the department of administration that the committee has scheduled a meeting to take place for the purpose of reviewing the plan, the department of corrections and the department of administration may proceed with the plan only after incorporating any changes that are made to the plan by the joint committee on finance at the meeting.

(3v) Secure juvenile detention facility in northwestern Wisconsin. By March 1, 1998, the department of corrections shall prepare a design for a financially viable secure detention facility, as defined in section 938.02 (16) of the statutes, to be located in the northwestern part of this state, develop a plan to fund that secure detention facility by combining federal, state and county resources and submit to the joint committee on finance a report on that design and funding plan.

(3x) Evaluation of the use of federal correctional facilities to house Wisconsin prisoners. The department of corrections shall conduct an evaluation of the state's need to contract for the transfer and confinement of state prisoners in federal correctional facilities and the need for construction of additional minimum security correctional institutions in this state. The department of corrections shall also evaluate and compare federal and state minimum security classification standards and institutional programming provided at federal and state minimum security correctional facilities. The department of corrections shall submit the report to the joint committee on finance by March 1, 1998.

(4t) Impact of juvenile justice code on youth aids funding. The department of corrections shall conduct an evaluation of the impact that chapter 938 of the statutes, as created by 1995 Wisconsin Act 77, and the decline of the average daily populations of juveniles receiving state correctional care have had on the funding of juvenile delinquency-related services under the community youth and family aids program under section 301.26 of the statutes, as affected by this act, and on the costs to counties and the state of providing juvenile correctional care. By March 1, 1998, the department of corrections shall submit a report on that evaluation to the governor and to the joint committee on finance. The report shall provide recommendations regarding the funding of juvenile correctional care, including recommendations regarding possible ways of reallocating or reducing the costs of providing care in secured correctional facilities, as defined in section 938.02 (15m) of the statutes, if the populations of those facilities continue to decline.

(5c) Displacement.

(a) The department of corrections shall consult with the prison industries board for the purpose of developing proposed rules defining “displacement" under section 303.01 (5m) of the statutes, as created by this act.

(b) The department of corrections shall submit in proposed form the rules required under section 303.01 (5m) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 3th month beginning after the completion of the federal department of justice's 1997 audit of the prison employment program under section 303.01 (2) (em) of the statutes, as affected by this act.

(5g) Racine youthful offender correctional facility generalist counselor duties. In fiscal years 1997-98 and 1998-99, the department of corrections may employ generalist counselors at the Racine Youthful Offender Correctional Facility. A generalist counselor employed at that facility shall, among other duties, perform tutoring duties for the inmates of that facility under the supervision of a certified instructor, but may not supervise or oversee academic instruction for those inmates.

(5n) Prison industries board.

(a) 1. Notwithstanding section 15.145 (2) of the statutes, as affected by this act, the member of the prison industries board appointed under section 15.145 (2) (a), 1995 stats., to represent ex-offenders who served time in the Wisconsin state prisons, may continue to serve as a member of the board until such time that the additional member who represents private labor organizations is appointed to the prison industries board.

2. Notwithstanding section 15.145 (2) of the statutes, as affected by this act, the member of the prison industries board appointed under section 15.145 (2) (b), 1995 stats., to represent the University of Wisconsin System, may continue to serve as a member of the board until such time that the additional member who represents the department of administration is appointed to the prison industries board.

3. Notwithstanding section 15.145 (2) of the statutes, as affected by this act, the member of the prison industries board appointed under section 15.145 (2) (e), 1995 stats., to represent potential customers of prison industries, may continue to serve as a member of the board until such time that the member who represents private business and industry is appointed to the prison industries board.

(b) Notwithstanding the length of term specified in section 15.145 (2) (intro.) of the statutes, as affected by this act, the initial term of the additional member appointed to represent private business and industry shall expire on May 1, 1999, the initial term of the additional member appointed to represent private labor organizations shall expire on May 1, 2001, and the initial term of the member appointed to represent the department of administration shall expire on May 1, 2003.

(5z) Gang violence prevention council. The authorized FTE positions for the department of corrections, funded from the appropriation under section 20.410 (3) (a) of the statutes, as affected by this act, are decreased by 1.0 GPR position to reflect the elimination of the gang violence prevention council.

27,9119 Section 9119. Nonstatutory provisions; financial institutions.

(1h) Repeal of consumer credit review board; pending matters. All matters pending before the consumer credit review board on the effective date of this subsection are terminated without prejudice. Notwithstanding section 227.53 (1) (a) 2. of the statutes, a person may seek review, under section 227.53 of the statutes, of any matter which is pending before the consumer credit review board on the effective date of this subsection. In order to seek such review, the person shall file a petition for review, in the manner specified in section 227.53 of the statutes, and shall serve the petition upon all parties under section 227.48 of the statutes, within 30 days after the effective date of this subsection.

27,9120 Section 9120. Nonstatutory provisions; gaming board.

(1) Elimination of gaming board; transfer of gaming functions to the department of administration.