Wisconsin Legislature: 9,9107

2. Applications shall be received by the department no later than the 30th day after the effective date of this subsection in order to qualify for a grant.

3. The department shall announce awards of grants on or before the 15th day after the application deadline specified in subdivision 2. The department shall make payment of 60% of each grant at the time of award.

4. No costs incurred after June 1, 2000, are eligible to be paid from a grant.

5. a. The department shall make grants on a matching basis, but no grant may exceed $200,000, except as authorized under subdivision 5. b. If the total amount of the grants payable exceeds the moneys available in the appropriation under section 20.505 (1) (e) of the statutes, as created by this act, the department shall adjust amounts of the grants on a prorated basis.

b. If, after the department awards all grant moneys for which the department has qualifying applications, there remain unencumbered moneys in the appropriation under section 20.505 (1) (e) of the statutes, as created by this act, the department may award additional grant moneys to any original qualified applicants who apply to receive additional grant moneys. In distributing additional grant moneys, the department shall apportion the moneys on a prorated basis in accordance with the amounts awarded to each applicant originally, up to the amount of additional moneys matched by the applicant as provided in subdivision 5. a., but not to exceed a total grant of $250,000 to a single applicant. If, after additional grants are awarded under this subdivision, there remain unencumbered moneys in the appropriation under section 20.505 (1) (e) of the statutes, as created by this act, the department may award additional grants on the same basis as provided under this subdivision until all unencumbered moneys in the appropriation under section 20.505 (1) (e) of the statutes are exhausted. For purposes of apportionment of any such additional grant moneys, the department shall exclude any amount paid to a recipient that received the maximum grant permitted under this subdivision.

6. Only direct costs are eligible to be paid from a grant. Such costs include personnel costs of staff specifically assigned to a census complete count promotion and the costs of office space, data processing, travel within the area covered by the grant, communications, media advertising, printing, postage and supplies directly attributable to a complete count promotion. Costs not eligible to be paid from a grant are equipment and property costs, application preparation costs, indirect costs, and any costs considered by the department to be inconsistent with the purposes of this subsection.

7. Each grant application under subdivision 1. or 5. b. shall include all of the following:

a. A description of the geographic area covered by the grant application, including, except in the case of an association, the name of each county, municipality or municipality included within a group that is applying for a grant and the approximate total population of each such county and municipality.

b. The categories of populations targeted for the census promotional program, including the approximate number in each category. If populations other than those listed in subdivision 1. are identified, the application shall include an explanation of why the members of the population are hard to enumerate.

c. Activities planned to reach each of these populations, including tentative schedules, source of staff and number of anticipated staff, and materials and other information which would provide a clear understanding of the promotional program.

d. Identification of costs related to subdivision 7. c.

e. The amount of the grant requested and the sources and amounts of matching funds.

f. A plan for the final accounting and evaluation of the promotional program.

g. The signature of the highest ranking official of each county, municipality or association making application for the grant or of each municipality included within a group making application for the grant.

h. If the application is made by an applicant other than a single county or municipality, the name and title of the project coordinator who is responsible for the overall effort.

8. The department may reject any application which does not appropriately meet all requirements of this subsection.

9. Each grant recipient under this subsection shall provide for a final accounting and submit a report of the accounting together with its request for final payment to the department by July 15, 2000. The report shall be certified by the chief financial officer of the recipient, by a certified public accountant and the highest ranking official of the recipient, or, in the case of a group of municipalities, by such officer or accountant and official of each of the municipalities. The department shall make payment of the final 40% of the grant when the final accounting has been completed to its satisfaction.

(19wy) Statewide complete census count program. The department of administration shall, from the appropriation under section 20.505 (1) (a) of the statutes in fiscal year 1999-2000, conduct a statewide program to educate the public concerning federal census procedures and the importance of assuring a complete and accurate 2000 federal decennial census in this state. The department shall not encumber or expend any moneys for this purpose without the approval of the census education board.

(20c) Selling and transferring rights to tobacco litigation funds. The department of administration shall study the idea of selling and transferring Wisconsin's rights to the moneys due Wisconsin under the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998, for the purpose of creating a permanent endowment fund. No later than January 1, 2000, the department shall submit the study to the legislature in the manner provided under section 13.172 (2) of the statutes.

(20g) Bingo general program operations position authorization. The authorized FTE positions for the department of administration are increased by 4.0 PR positions, to be funded from the appropriation under section 20.505 (8) (jm) of the statutes for the purpose of conducting general program operations for bingo.

(20m) Study of state-owned water purification and wastewater treatment plants. The department of administration shall study the feasibility and desirability of selling, leasing or forming public-private partnerships to operate the water purification and wastewater treatment plants owned by the state. The department shall submit a report to the legislature concerning the options available to the state with respect to such sale, leasing or operational agreements in the manner provided under section 13.172 (2) of the statutes no later than December 31, 2000.

(21g) Wisconsin sesquicentennial commission; general program operations overpayment readjustment. Not later than 30 days after the effective date of this subsection, the secretary of administration shall recompute the amount of the transfer from the historical legacy trust fund to the transportation fund required by 1997 Wisconsin Act 237, section 9101 (1x), by adding to the sum determined by the secretary of administration under 1997 Wisconsin Act 237, section 9101 (1x) (intro.), the moneys deposited to the historical legacy trust fund under section 341.14 (6r) (bg) 3. b., 1997 stats. If the amount of the transfer required by the recomputation under this subsection is greater than the amount transferred under 1997 Wisconsin Act 237, section 9101 (1x), the secretary of administration shall transfer from the historical legacy trust fund to the transportation fund not later than 30 days after the effective date of this subsection an amount equal to the difference between the amount transferred under 1997 Wisconsin Act 237, section 9101 (1x), and the amount of the transfer calculated under the recomputation required by this subsection.

9,9104 Section 9104. Nonstatutory provisions; agriculture, trade and consumer protection.

(1m) Memorandum of understanding regarding certain consumer complaints. Not later than the first day of the 13th month after the effective date of this subsection, the department of agriculture, trade and consumer protection shall enter into a memorandum of understanding with the department of justice and the public service commission for the purpose of coordinating each party's efforts to respond to and address consumer complaints regarding telecommunication services.

(2m) Fish microbiologist. The authorized FTE positions for the department of agriculture, trade and consumer protection are increased by 1.0 PR position, to be funded from the appropriation under section 20.115 (2) (g) of the statutes, to perform fish microbiology.

(3y) Nursery regulation position. The authorized FTE positions for the department of agriculture, trade and consumer protection, funded from the appropriation under section 20.115 (7) (ja) of the statutes, are decreased by 1.0 PR position for the purpose of nursery regulation.

9,9105 Section 9105. Nonstatutory provisions; arts board.

(1c) Grant to performing arts foundation. From the appropriation under section 20.215 (1) (b) of the statutes, the arts board shall award a grant of $ 150,000 in the 1999-2000 fiscal year to a nonprofit performing arts foundation located in a county with a population of less than 130,000 for use in improving handicapped accessibility in the foundation's facility if the foundation provides at least $150,000 in matching funds.

(2w) Portage County Arts Alliance. From the appropriation under section 20.215 (1) (fm) of the statutes, as created by this act, the arts board shall award a grant of $50,000 in the 1999-2000 fiscal year to the city of Stevens Point arts council for development of the Portage County Arts Alliance if the arts council provides at least $50,000 in matching funds.

9,9107 Section 9107. Nonstatutory provisions; building commission.

(1) 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

(2) 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 1999-2001 fiscal biennium.

(3) Loans. During the 1999-2001 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).

(4) Project contingency funding reserve. During the 1999-2001 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.

(5) Capital equipment funding allocation.

(a) During the 1999-2001 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 1999-2001 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.

(6) Marquette University School of Dentistry. Notwithstanding section 13.48 (32) of the statutes, as created by this act, the building commission shall not make a grant to Marquette University for the dental school project enumerated in subsection (1) (k) under section 13.48 (32) of the statutes, as created by this act, 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. Section 16.87 of the statutes does not apply to the project.

(6g) Swiss cultural center. Notwithstanding section 13.48 (33) of the statutes, as created by this act, the building commission shall not make a grant to the organization known as the Swiss Cultural Center for the Swiss cultural center project enumerated in subsection (1) (Lm) under section 13.48 (33) of the statutes, as created by this act, 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. Section 16.87 of the statutes does not apply to the project.

(6m) Milwaukee Police Athletic League youth activities center. Notwithstanding section 13.48 (34) of the statutes, as created by this act, the building commission shall not make a grant to the Milwaukee Police Athletic League for the youth activities center project enumerated in subsection (1) (km) under section 13.48 (34) of the statutes, as created by this act, 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. Section 16.87 of the statutes does not apply to the project.

(7) Highview building vacation and conversion. The building commission shall, during the 1999-2001 fiscal biennium, coordinate the construction project related to vacation of the Highview building by the Northern Wisconsin Center for the Developmentally Disabled and conversion of the building to a medium security correctional institution under subsection (1) (b) 1. and related projects. Jurisdiction over the building and adjacent land is vested in the commission for the purpose of effecting the transfer. At such time as is appropriate, the commission shall transfer the building and adjacent land to the department of corrections under section 13.48 (14) of the statutes.

(7tu) State fair park racetrack seating project. Notwithstanding section 18.04 (2) of the statutes, as affected by this act, the building commission shall not authorize public debt to be contracted for the racetrack seating project identified in subsection (1) (g) 2. unless the state fair park board first notifies the commission, in writing, that it has approved the design of the project.

(7tv) State fair park racetrack improvements. Notwithstanding section 18.04 (2) of the statutes, as affected by this act, the building commission shall not authorize public debt to be contracted for the racetrack improvements project identified in subsection (1) (g) 2. unless the commission is notified by the cochairpersons of the joint committee on finance that the committee has approved the plan for noise abatement at the racetrack submitted under Section 9145 (1tv) of this act.

(7x) Aquaculture demonstration facility. Notwithstanding section 18.04 (1) of the statutes and section 18.04 (2) of the statutes, as affected by this act, the building commission shall not authorize public debt to be contracted for the purpose of financing construction of the aquaculture demonstration facility enumerated under subsection (1) (i) 3. unless the joint committee on finance has first approved the report required to be submitted to the committee by the board of regents of the University of Wisconsin System under Section 9154 (3x) of this act.

(8m) Wausau state office facility study. The building commission shall conduct a study of the feasibility of constructing a state office facility in the Wausau area to consolidate state employe staff. The building commission shall report the results of the study, together with its findings and recommendations, to the legislature in the manner provided in section 13.172 (2) of the statutes no later than July 1, 2000.

9,9109 Section 9109. Nonstatutory provisions; circuit courts.

(1g) Circuit court branch, 2000. The initial election for circuit judge for branch 3 of the circuit court for Waupaca County shall be at the spring election of 2000 for a term commencing August 1, 2000, and ending July 31, 2006.

(1h) Circuit judge position. The authorized FTE positions for the circuit courts are increased by 1.0 GPR circuit judge position on August 1, 2000, 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 Waupaca County created by this act.

(1i) Court reporter position. The authorized FTE positions for the circuit courts are increased by 1.0 GPR court reporter position on August 1, 2000, 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 Waupaca County created by this act.

(2f) Circuit court support payments. Notwithstanding section 758.19 (5) (b) (intro.) of the statutes, as affected by this act, if the director of state courts has made a payment under section 758.19 (5) of the statutes after June 30, 1999, and before the effective date of this subsection, the initial payment required by section 758.19 (5) (b) (intro.) of the statutes, as affected by this act, shall be reduced by the amount of that payment.

(2g) Solicitation of homicide of parent as termination of parental rights ground. The treatment of section 48.415 (8) of the statutes first applies to petitions for termination of parental rights under section 48.42 (1) of the statutes filed on the effective date of this subsection, but does not preclude consideration of a conviction under section 939.30 of the statutes obtained before the effective date of this subsection in determining whether to terminate, or to find grounds to terminate, the parental rights of a person under section 48.415 (8) of the statutes, as affected by this act.

9,9110 Section 9110. Nonstatutory provisions; commerce.

(1) Grants to Brown County. From the appropriation under section 20.143 (1) (kj) of the statutes, as created by this act, the department of commerce shall make grants to Brown County of $500,000 in fiscal year 1999-2000 and $1,000,000 in fiscal year 2000-01 for economic development.

(3g) Building permits for construction of certain one- and 2-family dwellings. Notwithstanding section 101.651 (2m) and (3) (b) of the statutes, as created by this act, a person is not required to obtain a building permit for construction that begins before the effective date of this subsection if, at the time that the construction begins, the municipality where the construction is located is exempt under section 101.651 (2), 1997 stats., the municipality has not enacted an ordinance requiring a building permit for the construction, the municipality does not jointly exercise jurisdiction with a political subdivision that requires a building permit for the construction and the municipality has not requested a county or the department of commerce to provide building permit services under section 101.651 (3), 1997 stats.

(3j) Department of commerce enforcement of one- and 2-family dwelling code in certain municipalities. Notwithstanding section 101.651 (3) (b) of the statutes, as created by this act, if the department of commerce enters into a contract with a municipality before July 1, 2000, to provide inspection services in the municipality under section 101.651 (3) (b) of the statutes, as created by this act, the department shall begin providing the inspection services under the contract no later than July 1, 2000.

(3yt) Financial management of petroleum storage remedial action program. No later than the first day of the 6th month beginning after the effective date of this subsection, the department of commerce shall do all of the following:

(a) Update its financial data base for the program under section 101.143 of the statutes to ensure that complete cost information related to each occurrence and to the annual payment to each owner or operator is readily available.

(b) Investigate any variances between the amount of total payments indicated by the department's financial data base for the program under section 101.143 of the statutes and the amount of total payments indicated by the accounts maintained by the department of administration under section 16.52 of the statutes to identify when the variances occurred and the reasons for the variances.

(c) Make any changes in the department's financial data base needed to ensure that the data base is consistent with the accounts maintained by the department of administration under section 16.52 of the statutes.

(3yu) Rule making for petroleum storage remedial action program.

(a) The department of commerce and the department of natural resources shall submit in proposed form the rules required under section 101.143 (2) (h), (i) and (j) and (2e) of the statutes, as created by this act, to the legislature under section 227.19 of the statutes no later than June 1, 2000.

(b) Using the procedure under section 227.24 of the statutes, the department of commerce and the department of natural resources shall promulgate the rules required under section 101.143 (2) (h), (i) and (j) and (2e) 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 September 1, 2000, or the date on which rules under paragraph (a) take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the departments are not required to provide evidence that promulgating rules under this paragraph is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency for rules promulgated under this paragraph. The departments shall promulgate rules under this paragraph no later than the 30th day after the effective date of this paragraph.

(c) Using the procedure under section 227.24 of the statutes, the department of commerce shall promulgate rules to implement section 101.143 (4) (cm) 1. of the statutes, as affected by this act, for the period before the effective date of permanent rules, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the department is not required to provide evidence that promulgating rules under this paragraph is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency for rules promulgated under this paragraph. The department shall promulgate rules under this paragraph no later than November 1, 1999.

(d) The department of commerce shall submit in proposed form any rules under section 101.143 (2) (h) of the statutes, as created by this act, to the legislature under section 227.19 of the statutes no later than June 1, 2000.

(e) If the conditions under section 101.144 (3g) (a) of the statutes, as created by this act, apply on December 1, 1999, using the procedure under section 227.24 of the statutes, the department of commerce shall promulgate the rules required under section 101.144 (3g) (a) of the statutes, as created by this act, for the period before the effective date of permanent rules, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the department is not required to provide a finding of emergency for rules promulgated under this paragraph. The department shall promulgate rules under this paragraph no later than December 31, 1999.

(3yv) Transfer of sites. The department of natural resources and the department of commerce shall identify sites the classification of which is changed because of the changes made by this act in section 101.144 of the statutes and shall transfer authority over those sites no later than December 1, 1999.

(3yw) Report concerning interest costs. No later than March 1, 2000, the department of commerce shall submit a report to the joint committee on finance and the joint committee for review of administrative rules containing recommendations for actions that the department could take to reduce interest costs incurred by claimants under the program under section 101.143 of the statutes, including a review of schedules for making progress payments to claimants.

(3yx) Evaluation of usual and customary cost schedule. The department of commerce shall evaluate the operation of section 101.143 (4) (cm) 1. of the statutes, as affected by this act, and shall report the results of the evaluation to the joint legislative audit committee, to the joint committee on finance and to the appropriate standing committees of the legislature, in the manner provided in section 13.172 (3) of the statutes, no later than the first day of the 14th month beginning after the effective date of this subsection.

(4) Loan for pedestrian bridge project.

(a) The department of commerce may make a loan of not more than $600,000 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 person submits a plan to the department of commerce detailing the proposed use of the loan and the secretary of commerce approves the plan.

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

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

(b) 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.

(5) Grant for manufacturing technology training center.

(a) In this subsection:

1. "Consortium" means an association of business, governmental and educational entities.

2. "Department" means the department of commerce.

3. "Secretary" means the secretary of commerce.

(b) Subject to paragraph (d), the department may make a grant of not more than $1,500,000 from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, to a consortium for a manufacturing technology training center if all of the following apply:

1. The consortium is located in the Racine-Kenosha area.

2. The consortium submits a plan to the department detailing the proposed use of the grant and the secretary approves the plan.

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

3m. The consortium agrees in writing to use 60% of the grant proceeds in Racine County and 40% of the grant proceeds in Kenosha County.

4. The consortium agrees in writing to submit to the department the report required under paragraph (c ) by the time required under paragraph (c ).

(c) If a consortium receives a grant under this subsection, it shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

(d) 1. The department may not pay grant proceeds under this subsection after June 30, 2001.

2. The department may not disburse more than $750,000 in grant proceeds under this subsection in either fiscal year 1999-2000 or fiscal year 2000-01.