1997 Wisconsin Act 27

(10mg)  Educational technology block grants and library aids. Notwithstanding sections 43.70 (2) and 44.72 (2) (a) of the statutes, as affected by this act, educational technology block grants and library aids shall be distributed in the 1997-98 school year to eligible school districts, including union high school districts, in proportion to the number of persons who resided in each school district, as specified under section 43.70 (1) of the statutes, as affected by this act, on June 30, 1997, as estimated by the department of public instruction.

(11g)  Information technology system development and procurement projects reports. The department of administration shall submit its initial report concerning state information technology system development and procurement under section 16.971 (2s) of the statutes, as created by this act, no later than January 1, 1998, or the day after publication of this act, whichever is later.

(11h)  Free books to organizations. The secretary of administration, acting under section 16.50 (2) of the statutes, shall require submission of expenditure estimates for all moneys appropriated under section 20.505 (1) (fn) of the statutes, as created by this act, and shall withhold approval of such estimates unless the secretary receives a report after November 30, 1997, from the employe of the department of administration who is charged with the responsibility to administer section 16.23 of the statutes, as created by this act, and from the governor concerning their success in obtaining the additional resources specified in section 16.23 (2) of the statutes, as created by this act. If the secretary is satisfied that the efforts to obtain additional resources have been sufficient, the secretary may approve an expenditure estimate for the moneys appropriated under section 20.505 (1) (fn) of the statutes, as created by this act.

(11m)  Report by land information board and Wisconsin land council. No later than September 1, 2002, the land information board and Wisconsin land council shall report to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor concerning the issue of continuation of their functions, including the feasibility of combination of their functions.

(12z)  Sandhill Wildlife Area Skills Center. To the greatest extent possible, the department of administration shall utilize the Wisconsin conservation corps for the dormitory construction project at the Sandhill Wildlife Area Skills Center.

(13g)  University of Wisconsin System real estate study. The department of administration shall contract with a private consulting firm to study the introduction of a value-based approach to the management of real estate under the jurisdiction of the board of regents of the University of Wisconsin System, and the planning, design, authorization and approval processes for construction projects on such real estate. In the study, the contractor shall assess a sample portion of existing real estate managed by the board of regents, other than at the University of Wisconsin-Madison, which shall include at least 1,000,000 but not more than 2,000,000 square feet of interior space in buildings utilized for various purposes, including administrative, instructional and recreational purposes. The contractor shall assess the existing processes for management of the real estate and for planning, design, authorization and approval of construction projects on the real estate and shall also assess an alternative approach for these processes using a value-based analysis. The contractor shall then compare the 2 approaches, determine possible changes in the current approach from which the state could realize savings and project the estimated amount of savings that would be realized. The contractor shall include in its study an analysis of whether the board of regents is scheduling classes in such a manner as to permit the state to obtain the greatest possible value for its investment in instructional facilities under the management of the board.

(13m) Repeal of the depository selection board.

(a) Rules and orders. All rules promulgated by the depository selection board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the state treasurer. All orders issued by the depository selection board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the state treasurer.

(b) Pending matters. Any matter pending with the depository selection board on the effective date of this paragraph is transferred to the state treasurer and all materials submitted to or actions taken by the depository selection board with respect to the pending matter are considered as having been submitted to or taken by the state treasurer.

(13n)  Unbudgeted increases in compensation, fringe benefits and related adjustments.

(a) Amounts available for lapses. Of the amounts appropriated under section 20.865 (4) (a) of the statutes, $7,326,000 in fiscal year 1997-98 and $14,674,000 in fiscal year 1998-99 may be used only for lapses under this subsection. From the amounts appropriated under section 20.865 (4) (a) of the statutes, no more than $7,326,000 in fiscal year 1997-98 and no more than $14,674,000 in fiscal year 1998-99 may be used for lapses under this subsection.

(b) Department of administration reports. If the secretary of administration determines that the total amount to be expended under section 20.865 (1) (c), (ci) and (d) of the statutes for the 1997-98 fiscal year or the 1998-99 fiscal year will exceed the amount for that fiscal year that is designated under “General Purpose Revenue" under the heading “Summary of Compensation Reserves -- All Funds" in the summary schedule under section 20.005 (1) of the statutes, the secretary shall submit a report to the cochairpersons of the joint committee on finance indicating the amount by which the secretary estimates that the total amount to be expended will exceed the amount in the summary schedule.

(c) Passive review procedure; lapses. If the cochairpersons of the joint committee on finance do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing a report submitted under paragraph (b) within 14 working days after the date of the report's submittal, there is lapsed from the appropriation account under section 20.865 (4) (a) of the statutes to the general fund an amount equal to the lesser of the amount specified in the report or the amount available under paragraph (a) for lapses for that fiscal year. If, within 14 working days after the date of the report's submittal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the report, the committee may direct the secretary to lapse an amount determined by the committee from the appropriation account under section 20.865 (4) (a) of the statutes to the general fund, not to exceed the amount available under paragraph (a) for lapses for that fiscal year.

(13p)  Educational technology hardware and software purchases. The technology for educational achievement in Wisconsin board shall use the procedure under section 227.24 of the statutes to propose emergency rules establishing standards and specifications for purchases of educational technology hardware and software by school districts, cooperative educational service agencies, technical college districts and the board of regents of the University of Wisconsin System under section 44.71 (2) (g) of the statutes, as created by this act. Prior to promulgation of emergency rules under this subsection, the board shall submit the proposed emergency rules to the cochairpersons of the joint committee on finance. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed emergency rules within 14 working days after the date of the board's submittal, the board shall promulgate the emergency rules as proposed by the board. If, within 14 working days after the date of the board's submittal, the cochairpersons of the committee notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed emergency rules, the board shall promulgate the emergency rules only upon approval of the committee. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the board need not provide evidence of the necessity of preserving the public peace, health, safety or welfare in promulgating rules under this subsection. Notwithstanding section 227.24 (3) of the statutes, no statement is required to be filed with such emergency rules.

27,9104 Section 9104. Nonstatutory provisions; agriculture, trade and consumer protection.

(1) Food inspection program efficiency study. The department of agriculture, trade and consumer protection shall study its current procedures in its food inspection programs, identify areas in those food inspection programs that could become more efficient, develop a plan to streamline its food inspection procedures and operations and identify any cost-saving mechanisms that could be implemented as a result of the efficiencies and improved procedures identified in the study. The department of agriculture, trade and consumer protection shall submit its findings and plan to the joint committee on finance by the 60th day after the effective date of this subsection. If the joint committee on finance approves the plan, it may supplement the appropriation under section 20.115 (1) (a) of the statutes from the appropriation under section 20.865 (4) (a) of the statutes. Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists.

(1g) Aquaculture study. The department of agriculture, trade and consumer protection shall conduct a study of the aquaculture industry in this state and, no later than January 1, 1999, shall submit a report on the results of the study to the legislature in the manner provided under section 13.172 (2) of the statutes. The report shall include information concerning all of the following:

(a) The growth of the aquaculture industry since 1994.

(b) The demand for aquaculture products.

(c) The processing of aquacultural products.

(d) Investment activities in aquaculture.

(e) Marketing opportunities for aquacultural products.

(1h) Land and water conservation program funding for county staff. The department of agriculture, trade and consumer protection shall allocate $500,000 from the appropriation account under section 20.115 (7) (qd) of the statutes in fiscal year 1998-99 for funding land and water conservation staff in counties that on July 1, 1997, do not receive funding for staff under the nonpoint source water pollution abatement program under section 281.65 of the statutes. The department of agriculture, trade and consumer protection and the department of natural resources shall develop a plan for distributing the funding to counties and shall submit the plan to the land and water conservation board for approval.

(2m) Farm mediation and arbitration board.

(a) Rules. All rules promulgated by the farm mediation and arbitration board 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 department of agriculture, trade and consumer protection.

(b) Pending matters. Any matter pending with the farm mediation and arbitration board on the effective date of this paragraph is transferred to the department of agriculture, trade and consumer protection and all materials submitted to or actions taken by the farm mediation and arbitration board with respect to the pending matter are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.

(2w) Extension of certain commercial pesticide applicator certifications. Notwithstanding section 94.705 (1) (b) of the statutes, the department of agriculture, trade and consumer protection may extend, for one year beyond the scheduled expiration date, commercial pesticide applicator certifications that are scheduled to expire in 1998 for pesticide applicators certified in the categories of forest pest control, ornamental and turf pest control or right-of-way pest control. The department may extend the certifications without requiring retesting under section 94.705 (2) of the statutes.

(3xr)  Emergency rules concerning fish farming. The department of agriculture, trade and consumer protection may promulgate emergency rules under section 227.24 of the statutes implementing section 95.60 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect until January 1, 1999, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of public peace, health, safety or welfare in promulgating the rules under this subsection.

(3xs)  Memorandum of understanding relating to fish farming. The department of agriculture, trade and consumer protection and the department of natural resources shall enter into a memorandum of understanding relating to the regulation of fish farming being transferred from the department of natural resources to the department of agriculture, trade and consumer protection.

27,9105 Section 9105.0 Nonstatutory provisions; arts board.

(1g) Percent-for-arts program. The authorized FTE positions for the arts board are decreased by 1.0 PR position to reflect elimination of the percent-for-arts program.

(1x) Efficiency measures. Within 30 days after the effective date of this subsection, the arts board shall submit a report to the governor and to the joint committee on finance recommending how reductions in fiscal year 1997-98 of $20,500 and in fiscal year 1998-99 of $20,500 resulting from budgetary efficiency measures should be allocated among the arts board's general purpose revenue appropriations. If the cochairpersons of the committee do not notify the arts board 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 arts board. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the arts board 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.

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 - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table - 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.

(c) The department of commerce may not pay grant proceeds under this subsection after July 31, 1998.

(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.