Amendment AA26-ASA1-AB150

AB150-ASA1-AA26, s. 7298L Section 7298L. 1993 Wisconsin Act 16, section 2213s is repealed.

AB150-ASA1-AA26, s. 7298q Section 7298q. 1993 Wisconsin Act 16, section 9120 (2xx) is repealed.".

AB150-ASA1-AA26,428,11 840. Page 2249, line 5: after that line insert:

AB150-ASA1-AA26,428,12 " Section 7296b. 992.06 (2) of the statutes is amended to read:

AB150-ASA1-AA26,429,10 992.06 (2) Whenever in the organization of corporations under chapter 146, laws of 1872, articles of association were made and adopted and signed by the persons forming such corporation, and there may have been a failure to make and record a verified copy thereof in the office of the register of deeds of the county in which such corporation is located, and such association, organization or corporation has in good faith carried on business and acted as a corporation for 25 years or more, such failure to make and record a verified copy of the articles of association shall not affect the validity of the corporation, but the same shall be a body corporate from and after the date of the making, adopting and signing of the articles of association, the same as though a verified copy had been duly made and recorded in the office of the register of deeds. Whenever any such corporation shall in good faith have attempted to change its corporate name, and shall in good faith have carried on and conducted its business under such changed name for a period of 25 years or more, and shall record its original articles of incorporation, or the copy thereof, with the register of deeds, of the county in which such corporation has its principal office, and in case the said original articles of incorporation, or a copy thereof, cannot be obtained, a certificate from the secretary of state department of financial institutions showing that no such articles nor a copy thereof can be found in the office of the secretary of state records of the department of financial institutions, its acts, doings and proceedings heretofore done or which shall hereafter be done in or under such changed name shall be as valid and binding and as good in law as though done in or under the name contained in its original articles of association.

AB150-ASA1-AA26, s. 7297b Section 7297b. 992.06 (3) of the statutes is amended to read:

AB150-ASA1-AA26,429,18 992.06 (3) All transfers of real estate heretofore made to corporations, organized under the laws of this state, executed, delivered, filed and recorded between the date of the filing of the articles of organization in the office of the secretary of state with the department of financial institutions and the date of the filing of a certified copy of said articles in the office of the register of deeds in the county wherein said corporation has its principal place of business, are hereby legalized, ratified, confirmed and validated.".

AB150-ASA1-AA26,429,19 841. Page 2250, line 14: after that line insert:

AB150-ASA1-AA26,429,20 " Section 7300g. 1993 Wisconsin Act 16, section 9320 (1y) is repealed.

AB150-ASA1-AA26, s. 7300k Section 7300k. 1993 Wisconsin Act 16, section 9420 (1z) is repealed.".

AB150-ASA1-AA26,429,22 842. Page 2262, line 18: after that line insert:

AB150-ASA1-AA26,430,3 "(23b) Competitive enterprise review board; initial terms. Notwithstanding section 15.105 (27) (d) of the statues, as created by this act, the members of the competitive enterprise review board who are initially appointed to serve under section 15.105 (27) (d) of the statutes, as created by this act, shall serve for terms expiring on May 1, 1997.".

AB150-ASA1-AA26,430,4 843. Page 2265, line 6: after that line insert:

AB150-ASA1-AA26,430,14 "(4g) Funding report; sustainable agriculture grant program. By June 1, 1996, the department of agriculture, trade and consumer protection shall submit a funding report to the senate and assembly standing committees with jurisdiction over agricultural matters, as determined by the speaker of the assembly and the president of the senate, specifying how the department will identify and secure revenue sources for the purpose of funding the sustainable agriculture grant program under section 93.47 of the statutes, as affected by this act. The committees, following their review, shall approve or disapprove the funding report. If the funding report is not approved by both committees by June 20, 1996, all of the following shall occur:

AB150-ASA1-AA26,430,16 (a) The chairpersons of the committees shall send a notice of disapproval to the revisor of statutes for publication in the Wisconsin administrative register.

AB150-ASA1-AA26,430,18 (b) The sustainable agriculture grant program shall be eliminated, effective July 1, 1996.".

AB150-ASA1-AA26,430,20 844. Page 2307, line 16: delete the material beginning with that line and ending with page 2308, line 9, and substitute:

AB150-ASA1-AA26,430,22 "(7m) Duties pending transfer of safety and buildings functions from the department of industry, labor and human relations. In anticipation".

AB150-ASA1-AA26,430,24 845. Page 2308, line 13: on lines 13, 17, 19 and 22, substitute "subsection" for "paragraph".

AB150-ASA1-AA26,431,1 846. Page 2308, line 22: after that line insert:

AB150-ASA1-AA26,431,4 "(8t) Mexico trade office. From the appropriation under section 20.143 (1) (bs) of the statutes, as affected by this act, the department of development may pay contract costs for the trade office in Mexico.".

AB150-ASA1-AA26,431,5 847. Page 2312, line 2: after that line insert:

AB150-ASA1-AA26,431,24 "(3i) Pending arbitrations. As soon as possible after the effective date of this subsection, the employment relations commission shall, for each collective bargaining unit consisting of municipal employes of a county in which it has appointed an arbitrator or arbitration panel under section 111.70 (4) (cm) 6., 1993 stats., but for which no arbitration award has been issued on that effective date, order the arbitrator or panel members to terminate the arbitration with respect to that dispute. The parties shall reimburse the arbitrator or arbitration panel members for all costs incurred in conducting the arbitration prior to the date of the notice, but are not liable for any costs incurred to arbitrate any dispute or portion of a dispute that is not subject to arbitration under section 111.70 (4) (cm) of the statutes, as affected by this act, on or after the date of any notice by the commission to that effect. Notwithstanding section 111.70 (3) (a) 4. and 7. of the statutes, as affected by this act, no municipal employer commits a prohibited practice by refusing to execute a collective bargaining agreement resulting from an award under section 111.70 (4) (cm) 6., 1993 stats., if the dispute resulting in that award is not subject to arbitration under section 111.70 (4) (cm) 6. of the statutes, as affected by this act. This subsection does not affect the obligations of a municipal employer which has executed a collective bargaining agreement prior to the effective date of this subsection.".

AB150-ASA1-AA26,432,1 848. Page 2321, line 1: delete ", child support and paternity".

AB150-ASA1-AA26,432,3 849. Page 2321, line 3: delete the material beginning with that line and ending with page 2323, line 23, and substitute:

AB150-ASA1-AA26,432,8 "(a)  Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of health and social services that are primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, as determined by the secretary of administration, shall become the assets and liabilities of the department of industry, labor and human relations.

AB150-ASA1-AA26,432,9 (b) Employe transfers.

AB150-ASA1-AA26,432,14 1. All incumbent employes holding positions in the department of health and social services that are primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, as determined by the secretary of administration, are transferred on the effective date of this subdivision to the department of industry, labor and human relations.

AB150-ASA1-AA26,433,5 2. Upon final determination of the personnel to be transferred to the department of industry, labor and human relations under subdivision 1., the secretary of health and social services and the secretary of industry, labor and human relations shall, by the date that is established for submittal of requests for consideration at the 4th quarterly meeting for 1995 of the joint committee on finance under section 13.10 of the statutes, request the joint committee on finance to transfer moneys between the general purpose revenue appropriations for the department of health and social services and the department of industry, labor and human relations, between the program revenue appropriations for the department of health and social services and the department of industry, labor and human relations, between the program revenue-service appropriations for the department of health and social services and the department of industry, labor and human relations and between the federal revenues appropriations for the department of health and social services and the department of industry, labor and human relations, if necessary to adjust previously allocated costs in accordance with the transfer of personnel.

AB150-ASA1-AA26,433,11 (c) Employe status. Employes transferred under paragraph (b) 1. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of industry, labor and human relations that they enjoyed in the department of health and social services 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.

AB150-ASA1-AA26,433,16 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and social services that is primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, as determined by the secretary of administration, is transferred to the department of industry, labor and human relations.

AB150-ASA1-AA26,433,24 (e) Contracts. All contracts entered into by the department of health and social services in effect on the effective date of this paragraph that are primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, as determined by the secretary of administration, remain in effect and are transferred to the department of industry, labor and human relations. The department of industry, labor and human relations shall carry out any such contractual obligations until modified or rescinded by the department of industry, labor and human relations to the extent allowed under the contracts.

AB150-ASA1-AA26,433,25 (f) Rules and orders.

AB150-ASA1-AA26,434,10 1. All rules promulgated by the department of health and social services that are in effect on the effective date of this subdivision and that are primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, remain in effect until their specified expiration date or until amended or repealed by the department of industry, labor and human relations. All orders issued by the department of health and social services that are in effect on the effective date of this subdivision and that are primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, remain in effect until their specified expiration date or until modified or rescinded by the department of industry, labor and human relations.

AB150-ASA1-AA26,434,17 2. The secretary of health and social services and the secretary of industry, labor and human relations shall, by December 31, 1995, meet and specify the apportionment of rules and standards, between the 2 departments, with respect to the supervision of employes of county departments under sections 46.215, 46.22 and 46.23 of the statutes, as affected by this act, and with respect to eligibility requirements for certain programs of public assistance, in order to effect the intent of this act.

AB150-ASA1-AA26,434,24 (g) Pending matters. Any matter pending with the department of health and social services on the effective date of this paragraph that is primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, is transferred to the department of industry, labor and human relations and all materials submitted to or actions taken by the department of health and social services with respect to the pending matter are considered as having been submitted to or taken by the department of industry, labor and human relations.

AB150-ASA1-AA26,434,25 (15g) Transfer of child support and paternity programs.

AB150-ASA1-AA26,435,5 (a)  Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of health and social services that are primarily related to the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by this act, as determined by the secretary of administration, shall become the assets and liabilities of the department of revenue.

AB150-ASA1-AA26,435,6 (b) Employe transfers.

AB150-ASA1-AA26,435,11 1. All incumbent employes holding positions in the department of health and social services that are primarily related to the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by this act, as determined by the secretary of administration, are transferred on the effective date of this subdivision to the department of revenue.

AB150-ASA1-AA26,435,24 2. Upon final determination of the personnel to be transferred to the department of revenue under subdivision 1., the secretary of health and social services and the secretary of revenue shall, by the date that is established for submittal of requests for consideration at the 4th quarterly meeting for 1995 of the joint committee on finance under section 13.10 of the statutes, request the joint committee on finance to transfer moneys between the general purpose revenue appropriations for the department of health and social services and the department of revenue, between the program revenue appropriations for the department of health and social services and the department of revenue, between the program revenue-service appropriations for the department of health and social services and the department of revenue and between the federal revenues appropriations for the department of health and social services and the department of revenue, if necessary to adjust previously allocated costs in accordance with the transfer of personnel.

AB150-ASA1-AA26,436,6 (c)  Employe status. Employes transferred under paragraph (b) 1. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of revenue that they enjoyed in the department of health and social services 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.

AB150-ASA1-AA26,436,11 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and social services that is primarily related to the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by this act, as determined by the secretary of administration, is transferred to the department of revenue.

AB150-ASA1-AA26,436,18 (e) Contracts. All contracts entered into by the department of health and social services in effect on the effective date of this paragraph that are primarily related to the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by this act, as determined by the secretary of administration, remain in effect and are transferred to the department of revenue. The department of revenue shall carry out any such contractual obligations until modified or rescinded by the department of revenue to the extent allowed under the contracts.

AB150-ASA1-AA26,437,2 (f) Rules and orders. All rules promulgated by the department of health and social services that are in effect on the effective date of this paragraph and that are primarily related to the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by this act, remain in effect until their specified expiration date or until amended or repealed by the department of revenue. All orders issued by the department of health and social services that are in effect on the effective date of this paragraph and that are primarily related to the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by this act, remain in effect until their specified expiration date or until modified or rescinded by the department of revenue.

AB150-ASA1-AA26,437,9 (g) Pending matters. Any matter pending with the department of health and social services on the effective date of this paragraph that is primarily related to any of the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by this act, is transferred to the department of revenue and all materials submitted to or actions taken by the department of health and social services with respect to the pending matter are considered as having been submitted to or taken by the department of revenue.".

AB150-ASA1-AA26,437,11 850. Page 2323, line 24: delete the material beginning with that line and ending with page 2326, line 11.

AB150-ASA1-AA26,437,12 851. Page 2347, line 4: delete lines 4 to 8.

AB150-ASA1-AA26,437,13 852. Page 2347, line 8: after that line insert:

AB150-ASA1-AA26,437,24 "(28x) Managed care medical assistance forms working group. The department of health and social services shall convene a working group no later than January 1, 1996, comprised of department employes and representatives of managed care providers under the medical assistance program. The working group shall study the development of standardized forms to be used by managed care providers under the medical assistance program, other than forms to be used for billing or obtaining medical assistance reimbursement. In particular, the working group shall study the development of standardized forms to be used to obtain referrals and prior authorization for care. The department of health and social services shall submit the results of the working group's study to the legislature in the manner provided under section 13.172 (2) of the statutes no later than July 1, 1996.".

AB150-ASA1-AA26,438,1 853. Page 2354, line 1: delete lines 1 to 4.

AB150-ASA1-AA26,438,3 854. Page 2356, line 16: delete "7.5 FTE PR" and substitute "8.3 FTE PR and 0.2 FTE SEG".

AB150-ASA1-AA26,438,4 855. Page 2369, line 18: after that line insert:

AB150-ASA1-AA26,438,6 "(16gg) Transfer of child support and paternity programs; position authorizations.

AB150-ASA1-AA26,438,10 (a) The authorized FTE positions for the department of industry, labor and human relations funded from the appropriation under section 20.445 (3) (a) of the statutes, as affected by this act, are decreased by 9.13 GPR positions on July 1, 1996, for general program operations related to child support and paternity programs.

AB150-ASA1-AA26,438,14 (b) The authorized FTE positions for the department of industry, labor and human relations funded from the appropriation under section 20.445 (3) (cd) of the statutes, as affected by this act, are decreased by 10.03 GPR positions on July 1, 1996, for administering child support and paternity establishment programs.

AB150-ASA1-AA26,438,18 (c) The authorized FTE positions for the department of industry, labor and human relations funded from the appropriation under section 20.445 (3) (ja) of the statutes, as affected by this act, are decreased by 6.12 PR positions on July 1, 1996, for administering child support and paternity establishment programs.

AB150-ASA1-AA26,438,22 (d) The authorized FTE positions for the department of industry, labor and human relations funded from the appropriation under section 20.445 (3) (n), as affected by this act, are decreased by 46.72 FED positions on July 1, 1996, for administering child support and paternity establishment programs.".

AB150-ASA1-AA26,438,24 856. Page 2371, line 19: delete the material beginning with that line and ending with page 2372, line 11 and substitute:

AB150-ASA1-AA26,439,7 "(1) Public intervenor; pending matters. Within 30 days after the effective date of this subsection, the public intervenor shall withdraw from any action or proceeding in which the public intervenor is a party. Within 30 days after the effective date of this subsection, the public intervenor shall submit written notification to the department of natural resources, and any other state agency, withdrawing any pending request made by the public intervenor for an investigation, study, report or other information.".

AB150-ASA1-AA26,439,8 857. Page 2376, line 11: delete lines 11 to 20.

AB150-ASA1-AA26,439,9 858. Page 2378, line 9: after that line insert:

AB150-ASA1-AA26,439,10 " Section 9141. Nonstatutory provisions; military affairs.

AB150-ASA1-AA26,439,14 (2b) National guard tuition grants. The treatment of section 21.49 (3) (a) of the statutes by Section 1220t of this act is effective only if 1995 Assembly Bill 73, as shown by senate substitute amendment 2, as affected by senate amendment 1, is enacted without change as it affects section 21.49 (3) (a) of the statutes.".

AB150-ASA1-AA26,439,15 859. Page 2378, line 14: after that line insert:

AB150-ASA1-AA26,439,20 "(1g) Report on use of wood ash. No later than November 1, 1995, the department of natural resources shall submit a report to the legislature, in the manner provided under section 13.172 (2) of the statutes, on how it will facilitate the use of wood ash and coordinate activities related to the use of wood ash by producers of wood ash, farmers and the department.".

AB150-ASA1-AA26,439,22 860. Page 2382, line 10: delete the material beginning with "that" and ending with "paragraph" on line 12.

AB150-ASA1-AA26,439,23 861. Page 2383, line 13: after that line insert:

AB150-ASA1-AA26,440,12 "(7g) Clean water fund hardship assistance for village of Wausaukee. Notwithstanding rules promulgated under section 144.241 (13) of the statutes, the department of natural resources and the department of administration shall amend the clean water fund financial assistance agreement with the village of Wausaukee so that the village receives a no-interest loan for the amount of its cost overruns up to $480,000. The department may not decrease the amount of the grant, or increase the interest rate on any portion of any other loan, to the village under the clean water fund financial assistance agreement. Notwithstanding section 144.2415 (3) (e) and (f) of the statutes, the present value for the assistance under this subsection shall be allocated from the percentage of the amount approved by the legislature under section 144.2415 (3) (d) of the statutes for financial assistance other than hardship assistance.".

AB150-ASA1-AA26,440,14 862. Page 2383, line 23: delete the material beginning with that line and ending with page 2384, line 7.

AB150-ASA1-AA26,440,15 863. Page 2387, line 2: after that line insert:

AB150-ASA1-AA26,440,21 "(12b) Elimination of video taping functions. The department of natural resources shall transfer to the department of administration the equipment used by the department of natural resources in performing video taping functions for public information and education purposes. The department of administration shall sell or otherwise dispose of the equipment before June 30, 1997. Any proceeds from the sale or disposal shall be deposited into the general fund.".

AB150-ASA1-AA26,440,22 864. Page 2387, line 2: after that line insert:

AB150-ASA1-AA26,440,23 "(11z) Stewardship funding.

AB150-ASA1-AA26,441,4 (a) In this subsection, "qualifying local unit of government" means a local unit of government that has submitted an application before May 1, 1995, for funding from the appropriation under section 20.866 (2) (tz) of the statutes, as affected by this act, for the acquisition of land for a golf course.

AB150-ASA1-AA26,441,10 (b) Notwithstanding any deadline promulgated by rule by the department of natural resources, a qualifying local unit of government may submit an application for funding for land acquisition from the appropriation under section 20.866 (2) (tz) of the statutes, as affected by this act, and the application shall be considered to have been submitted before May 1, 1995, if the application is submitted within 30 days of the effective date of this paragraph.".

AB150-ASA1-AA26,441,12 865. Page 2389, line 24: delete ", 8th and 10th grade performance assessments" and substitute "grade examination".

AB150-ASA1-AA26,441,13 866. Page 2389, line 25: delete "(b)".

AB150-ASA1-AA26,441,15 867. Page 2390, line 2: delete "appropriate grades" and substitute "4th grade".

AB150-ASA1-AA26,441,16 868. Page 2391, line 25: substitute "July 15" for "July 1".

AB150-ASA1-AA26,441,17 869. Page 2392, line 6: before that line insert:

AB150-ASA1-AA26,441,18 " Section 9146.(1) Nonstatutory provisions; public service commission.

AB150-ASA1-AA26,441,24 (1t) Fencing, farm crossing and cattle guard costs. The commissioner of railroads and the chairperson of the public service commission shall jointly develop a plan for phasing in state reimbursement of 100% of the costs incurred by railroads for fencing, farm crossings and cattleguards, and shall submit a report containing their findings, conclusions and recommendations, including recommended statutory changes, to the joint committee on finance by January 1, 1996.".

AB150-ASA1-AA26,442,1 870. Page 2394, line 25: after that line insert:

AB150-ASA1-AA26,442,18 "(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.".

AB150-ASA1-AA26,442,19 871. Page 2395, line 5: after that line insert:

AB150-ASA1-AA26,442,21 "(2gg) Transfer of child support and paternity programs; position authorizations.

AB150-ASA1-AA26,443,2 (a) The authorized FTE positions for the department of revenue are increased by 9.13 GPR positions on July 1, 1996, to be funded from the appropriation under section 20.566 (4) (a) of the statutes, as affected by this act, for general program operations related to child support and paternity programs.