Amendment ASA1-AB768

AB768-ASA1,518,4 (5k) Nursing home surveillance. The authorized FTE positions for the department of health and family services are increased by 0.5 FED position on January 1, 1999, to be funded from the appropriation under section 20.435 (6) (n) of the statutes, for the purpose of performing nursing home surveillance.

AB768-ASA1,518,14 (5t) Provision of dental services by the Marquette University School of Dentistry. The department of health and family services may not expend or encumber from the appropriation account under section 20.435 (5) (de) of the statutes $60,500 in each of fiscal years 1997-98 and 1998-99 for the provision of dental services by the Marquette University School of Dentistry under section 250.10 of the statutes in the Southside Guadalupe Dental Clinic. The department of health and family services shall, instead, expend from that appropriation account up to $60,500 in fiscal year 1997-98, and $60,500 in fiscal year 1998-99, for the provision of dental services by the Marquette University School of Dentistry under section 250.10 of the statutes in any other dental clinic in the city of Milwaukee.

AB768-ASA1, s. 9124 Section 9124.2 Nonstatutory provisions; historical society.

AB768-ASA1,518,21 (1c) Director of H.H. Bennett Studios. The authorized FTE positions for the historical society are increased by 1.0 GPR position on January 1, 1999, to be funded from the appropriation under section 20.245 (2) (bj) of the statutes, as created by this act, for the directorship of the H.H. Bennett Studios. The historical society may not expend funds from the appropriation specified in this subsection in fiscal year 1998-99 without the approval of the secretary of administration.

AB768-ASA1, s. 9128 Section 9128. Nonstatutory provisions; joint committee on finance.

AB768-ASA1,519,2 (1x) Wisconsin sesquicentennial commission supplement. Notwithstanding section 13.101 (3) (a) of the statutes, the joint committee on finance is not required to find that an emergency exists to supplement the appropriation under section 20.395 (5) (qt) of the statutes, as created by this act.

AB768-ASA1, s. 9131 Section 9131.1 Nonstatutory provisions; legislature.

AB768-ASA1,519,10 (1p) Audit of nonpoint source program. The joint legislative audit committee is requested to direct the legislative audit bureau to perform a financial audit of the nonpoint source water pollution abatement program under section 281.65 of the statutes and of the long-term state financial obligations related to the program. If the committee directs the legislative audit bureau to perform an audit, the bureau shall file its report as described under section 13.94 (1) (b) of the statutes by January 1, 2000.

AB768-ASA1,519,16 (1z) Legislative reference bureau. Notwithstanding section 20.923 (6) (gm) of the statutes, as created by this act, and section 230.08 (2) (fc) of the statutes, as affected by this act, all employes who hold positions in the classified service of the state at the legislative reference bureau on the day before the effective date of this subsection shall remain in the classified service of the state until July 1, 1999, while holding a position at the legislative reference bureau.

AB768-ASA1,519,23 (2k) Audit of responses to nursing home staffing complaints. The legislative audit bureau is requested to perform a performance evaluation audit of the adequacy of responses by the department of health and family services to complaints concerning inadequate staffing in particular nursing homes. If the legislative audit bureau performs the audit, the bureau shall begin the audit before July 1, 2000, and shall file its report as described under section 13.94 (1) (b) of the statutes by December 31, 2000.

AB768-ASA1,519,24 (2t) Joint survey committee on retirement systems.

AB768-ASA1,520,3 (a) In this subsection, "eligible employe" means an employe of the University of Wisconsin System described under section 20.923 (4g), (4m), (5) or (6) (m) or 230.08 (2) (d) of the statutes, as affected by this act.

AB768-ASA1,520,6 (b) The joint survey committee on retirement systems shall contract for an actuarial study of the impact of the creation of a University of Wisconsin optional retirement system for eligible employes on the Wisconsin retirement system.

AB768-ASA1,520,10 (c) The joint survey committee on retirement systems shall report the results of the actuarial study to the president of the senate, the speaker of the assembly and the board of regents of the University of Wisconsin System no later than January 1, 1999.

AB768-ASA1, s. 9134 Section 9134. Nonstatutory provisions; Medical College of Wisconsin.

AB768-ASA1,520,17 (1) Family practice residency program. Of the moneys appropriated to the Medical College of Wisconsin, Inc., under section 20.250 (1) (b) of the statutes, $181,900 in fiscal year 1998-99 may be expended only to fund 2 additional family practice physicians for the family practice residency program. The 2 family practice physicians shall be allocated to maximize the number of family practice residents in the program.

AB768-ASA1, s. 9135 Section 9135.2 Nonstatutory provisions; military affairs.

AB768-ASA1,520,22 (1d) Youth Challenge program. The authorized FTE positions for the department of military affairs are increased by 10.75 GPR positions to be funded from the appropriation under section 20.465 (4) (c) of the statutes for the purpose of administering the Youth Challenge program.

AB768-ASA1,521,2 (2b) Youth Challenge program, federal. The authorized FTE positions for the department of military affairs are increased by 32.25 FED positions to be funded from the appropriation under section 20.465 (4) (m) of the statutes for the purpose of administering the Youth Challenge program.

AB768-ASA1,521,6 (3c) Badger challenge program. The department of military affairs shall submit the proposed rules required under section 21.25 (1) of the statutes, as created by this act, to the legislative council staff for review under section 227.15 (1) of the statutes no later than September 1, 1998.

AB768-ASA1, s. 9136 Section 9136. Nonstatutory provisions; natural resources.

AB768-ASA1,521,8 (1) Snowmobile trail use stickers.

AB768-ASA1,521,12 (a) Beginning on May 1, 1998, and ending on April 30, 1999, the procedures and fees specified in paragraphs (b) to (g) shall be used for the issuance of snowmobile trail use stickers in lieu of the procedure to be established under section 350.12 (3j) (e) of the statutes, as created in this act.

AB768-ASA1,521,14 (b) The department of natural resources shall issue snowmobile trail use stickers.

AB768-ASA1,521,19 (c) The clerk of each county shall also issue snowmobile trail use stickers. The department of natural resources shall provide each county clerk with forms for issuing these stickers. The county clerk shall only use these forms and shall retain a record of each sticker issued in the county clerk's office. The department of natural resources or its wardens may examine these records at any time.

AB768-ASA1,521,23 (d) The department of natural resources and each county clerk shall collect an issuing fee of 75 cents for each snowmobile trail use sticker issued. The county clerk may keep the issuing fee to compensate the clerk for the clerk's services in issuing the sticker.

AB768-ASA1,522,6 (e) The department of natural resources and each county clerk may appoint persons who are not employes of the department or the county to issue snowmobile trail use stickers. The appointee may retain 50 cents of each issuing fee collected to compensate the appointee for the appointee's services in issuing the sticker. The appointee shall remit the balance of the issuing fee not retained together with the fee collected for the sticker to the department of natural resources or the appointing county clerk, whichever is applicable. An appointing county clerk may retain the balance of the issuing fee not retained by the appointee.

AB768-ASA1,522,13 (f) Each county clerk shall establish a procedure under which the clerk deposits the fees collected for snowmobile trail use stickers, other than issuing fees that are being retained, with the county treasurer within one week after the county clerk or the clerk's appointees receive the fees. Upon written order of the county clerk, the county treasurer shall remit to the department of natural resources by the 20th of each month for the preceding month the collected fees together with a statement showing the total amount remitted and the number of stickers issued.

AB768-ASA1,522,17 (g) The department of natural resources may establish additional procedures for issuing snowmobile trail use stickers under this subsection. Notwithstanding section 227.10 (1) of the statutes, these procedures need not be promulgated as rules under chapter 227 of the statutes.

AB768-ASA1,522,21 (1c) Hydrogeologist positions. The authorized FTE positions for the department of natural resources, funded from the appropriation under section 20.370 (2) (dh) of the statutes, are decreased by 3.0 PR hydrogeologist positions on July 1, 1998.

AB768-ASA1,522,22 (1t) Gasoline vapor recovery grants.

AB768-ASA1,523,2 (a) The owner or operator of a gasoline dispensing facility who is eligible for financial assistance under section 285.31 (5), 1995 stats., shall submit reimbursement requests and any other information required by the department of natural resources to the department no later than April 30, 1999.

AB768-ASA1,523,6 (b) On July 1, 1999, the unexpended balance of the appropriation under section 20.370 (6) (cq) of the statutes, as created by this act, shall lapse to the petroleum inspection fund, including, notwithstanding section 20.002 (3m) of the statutes, any amount encumbered but unexpended on that date.

AB768-ASA1,523,13 (2) Southeastern Wisconsin Fox River commission. The department of natural resources shall set aside in fiscal year 1997-98, from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, $75,000 for the Southeastern Wisconsin Fox River commission. The commission may use these funds for its activities authorized under subchapter VI of chapter 33 of the statutes and for providing matching funding for any grants that the commission may be able to obtain. This subsection does not apply after June 30, 2000.

AB768-ASA1,523,21 (2d) Study of landfill remediation. The department of natural resources shall enter into a contract for a study of the landfill cleanup issue in this state. The study shall identify all closed landfills and estimate the cost of remedial action at all of those landfills. The department of natural resources shall also identify potential mechanisms for funding that remedial action, including mechanisms used successfully in other states. The department shall report the results of the study to the legislature in the manner provided under section 13.172 (2) of the statutes no later than January 15, 2000.

AB768-ASA1,523,24 (2f) Miscellaneous recycling grants. On July 1, 1998, the department of natural resources shall award from the appropriation account under section 20.370 (6) (br) of the statutes, as affected by this act, the following grants:

AB768-ASA1,524,4 (a) A grant of $100,000 to the Wheelchair Recycling Project, a part of the Madison chapter of the National Spinal Cord Injury Association for the purpose of refurbishing used wheelchairs and other mobility devices and returning them to use by persons who otherwise would not have access to needed or appropriate equipment.

AB768-ASA1,524,7 (b) A grant of $409,800 to the department of corrections to be credited to the appropriation account under section 20.410 (1) (kx) of the statutes, as affected by this act, for the purpose of refurbishing and recycling used computers.

AB768-ASA1,524,14 (2v) Nonpoint source project funding. The department of natural resources shall provide funding from the program under section 281.65 of the statutes, in an amount not to exceed $33,000, for the Sugar-Honey Creek priority watershed project in Racine and Walworth counties for cost-sharing grants to landowners. The department shall provide the funding from unencumbered 1998 calendar year program funds or, if insufficient 1998 calendar year funds remain, from program funds for the first 6 months of calendar year 1999.

AB768-ASA1,524,22 (3c) Project position excluded from base. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 1999 - 2001 biennial budget bill, the department of natural resources shall submit a dollar amount for the appropriation under section 20.370 (9) (mu) of the statutes that is $85,000 less than the total amount appropriated under section 20.370 (9) (mu) of the statutes for the 1998-99 fiscal year, before submitting any information relating to any increase or decrease in the dollar amount for that appropriation for the 1999-2001 fiscal biennium.

AB768-ASA1,524,23 (3d) Proposed legislation on sustainable forestry practices.

AB768-ASA1,524,25 (a) In this subsection, "sustainable forestry" has the meaning given under section 28.04 (1) (e) of the statutes.

AB768-ASA1,525,6 (b) No later than the first day of the 13th month beginning on the day after publication, the department of natural resources shall submit to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under section 13.172 (3) of the statutes, proposed legislation in proper form to encourage the practice of sustainable forestry. The proposed legislation shall do all of the following:

AB768-ASA1,525,8 1. Minimize constraints placed by state and local governments on the ability of private and public landowners to practice sustainable forestry.

AB768-ASA1,525,10 2. Establish standards by which state and local governments can evaluate and make findings on the impact of the following on sustainable forestry:

AB768-ASA1,525,11 a. Regulations.

AB768-ASA1,525,12 b. Permit and license applications.

AB768-ASA1,525,13 c. Ordinances.

AB768-ASA1,525,14 d. Zoning variances.

AB768-ASA1,525,15 e. Other administrative actions not covered under subdivisions 2. a. to d.

AB768-ASA1, s. 9138 Section 9138.3 Nonstatutory provisions; public defender board.

AB768-ASA1,526,2 (1d) Private bar costs. The public defender board may request that the joint committee on finance supplement the appropriation under section 20.550 (1) (d) of the statutes from the appropriation under section 20.865 (4) (a) of the statutes for the 1998-99 fiscal year in an amount not to exceed $987,600 to pay for costs to the public defender board for reimbursement of private attorneys appointed to act as counsel for a child or an indigent person and for reimbursement for services of private investigators. Notwithstanding section 13.101 (3) (a) 1. of the statutes, the appropriation under section 20.550 (1) (d) of the statutes may be supplemented under this subsection from the appropriation under section 20.865 (4) (a) of the statutes without a finding that an emergency exists.

AB768-ASA1,526,18 (1z) Salary costs for staff attorneys. The public defender board may request that the joint committee on finance supplement, from the appropriation under section 20.865 (4) (a) of the statutes, staff attorney salary costs of the board for the 1997-98 fiscal year in an amount not to exceed $242,800 and for the 1998-99 fiscal year in an amount not to exceed $524,400. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the request within 14 working days after the date of the board's submission, the appropriations shall be supplemented as provided in the request. If, within 14 working days after the date of the board's submission, the cochairpersons of the committee notify the board that the committee has scheduled a meeting for the purpose of reviewing the request, the appropriations shall be supplemented only upon approval of the committee. Notwithstanding section 13.101 (3) (a) 1. of the statutes, the joint committee on finance may supplement, from the appropriation under section 20.865 (4) (a) of the statutes, staff attorney salary costs of the public defender board for the 1997-98 and 1998-99 fiscal years without a finding that an emergency exists.

AB768-ASA1, s. 9139 Section 9139.4 Nonstatutory provisions; public instruction.

AB768-ASA1,526,24 (1) Study of the Wisconsin School for the Visually Handicapped. The joint legislative council shall study the current mission of the Wisconsin School for the Visually Handicapped and the impact that closing that school would have on the lives of blind and visually impaired citizens and shall report its findings, conclusions and recommendations to the 1999 legislature when it convenes.

AB768-ASA1, s. 9141 Section 9141.5 Nonstatutory provisions; regulation and licensing.

AB768-ASA1,527,1 (1g) Pharmacy examining board rules; administration of vaccines.

AB768-ASA1,527,2 (a) Definitions. In this subsection:

AB768-ASA1,527,3 1. "Administer" has the meaning given in section 450.01 (1) of the statutes.

AB768-ASA1,527,4 2. "Board" means the pharmacy examining board.

AB768-ASA1,527,5 3. "Department" means the department of regulation and licensing.

AB768-ASA1,527,10 4. "Vaccination protocol" means a written protocol agreed to by a physician, as defined in section 448.01 (5) of the statutes, and a pharmacist that establishes procedures and record-keeping and reporting requirements for the administration of a vaccine by a pharmacist for a period specified in the protocol that may not exceed 2 years.

AB768-ASA1,527,20 (b) Rules. If the board determines that the rules that the board is required to submit in proposed form to the legislative council staff under 1997 Wisconsin Act 68, section 11 (2), will not be in effect on April 1, 1999, the board shall, no later than April 1, 1999, promulgate such rules using the procedure under section 227.24 of the statutes for the period before the effective date of the rules submitted under 1997 Wisconsin Act 68, section 11 (2), 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 board need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this paragraph.

AB768-ASA1,527,21 (c) Vaccines.

AB768-ASA1,527,23 1. A pharmacist licensed under chapter 450 of the statutes, may, subject to subdivision 2., administer a vaccine if he or she satisfies each of the following:

AB768-ASA1,528,2 a. The pharmacist has successfully completed 12 hours in a course of study or training approved by the American Council on Pharmaceutical Education or the board relating to vaccination storage, vaccination protocols, injection techniques, emergency procedures and record-keeping.

AB768-ASA1,528,6 b. The pharmacist maintains in effect liability insurance against loss, expense and liability resulting from errors, omission or neglect in the administration of a vaccine in the amount of at least $1,000,000 per occurrence and at least $2,000,000 for all occurrences in any one policy year.

AB768-ASA1,528,8 c. Upon the request of the department or the board, the pharmacist submits proof that he or she satisfies the requirements specified in subdivision 1. a. or b.

AB768-ASA1,528,11 2. A pharmacist may not administer a vaccine under subdivision 1. to a person who is under the age of 18 and may not delegate to any person the administration of a vaccine under subdivision 1.

AB768-ASA1,528,12 3. This paragraph does not apply after April 1, 1999.

AB768-ASA1, s. 9142 Section 9142. Nonstatutory provisions; revenue.

AB768-ASA1,528,14 (1) Tax amnesty.

AB768-ASA1,528,20 (a) Program established. The department of revenue shall establish a tax amnesty program that shall apply to all taxes administered by the department under chapters 71, 72, 78 and 139 of the statutes and subchapter III of chapter 77 of the statutes. Amnesty is available only with respect to the tax obligations under paragraph (b). The amnesty program shall be in effect from June 15, 1998, to August 14, 1998.

AB768-ASA1,528,21 (b) Eligible obligations; payment; limit.

AB768-ASA1,529,8 1. For a taxpayer who has an existing tax delinquency on the records of the department as of October 1, 1997, the department shall accept as full payment of the delinquent amount a certified check, cashier's check, money order or cash in the amount of 80% of the balance due, including any delinquent tax collection fee that is due, as of June 15, 1998. Payments shall be applied first against the fee due, then against the penalty due, then against the interest due and then against the tax due. The delinquent tax collection fee shall be paid in full. No amnesty is available on a tax delinquency based upon an estimated or default assessment, determination, or notice of amount due unless all tax returns corresponding with the assessment, determination, or notice of amount due are filed with the department during the amnesty period. The maximum reduction available under this subdivision is $10,000.

AB768-ASA1,529,17 2. For a taxpayer who has a tax liability that is neither reported nor established, the department shall accept the filing of returns, together with payment of all taxes due, with interest, on those returns if payment is made by certified check, cashier's check, money order or cash. On those returns the department shall not impose civil penalties and late filing fees or seek criminal prosecution and the department shall reduce applicable delinquent interest due to the rate of 1% per month or part of a month. If the department determines that additional taxes are due on those returns, penalties and appropriate interest may be imposed on those additional amounts.

AB768-ASA1,530,4 3. For the taxpayer who has a tax liability not delinquent on the records of the department as of October 1, 1997, but based upon an assessment, determination, or notice of amount due issued by the department before or during the amnesty period, the department shall waive civil penalties, except as provided in paragraph (d), and late filing fees and reduce applicable delinquent interest due to the rate of 1% per month or part of a month if an application for amnesty is submitted during the amnesty period and payment is made by certified check, cashier's check, money order or cash. Amnesty is not available under this subdivision for an assessment, determination, or notice of amount due under review by the appellate bureau of the department, the Wisconsin tax appeals commission or any court unless that appeal is withdrawn by the taxpayer. No amnesty is available for amounts that are assessed as the result of a field audit under section 71.74 (2) or 77.59 (2) of the statutes.

AB768-ASA1,530,6 (c) Ineligible taxpayers and obligations. The amnesty program is not available if any of the following conditions applies:

AB768-ASA1,530,9 1. The person requesting amnesty has been notified by the date of application for amnesty that he or she is a party to any criminal investigation or any pending criminal litigation relating to any tax administered by the department.

AB768-ASA1,530,13 2. The amounts for which amnesty is requested are collected or subject to litigation as of the date of application for amnesty as a result of any civil collection action initiated by the department under authority of section 71.91 of the statutes or any other state law pertaining to creditor enforcement proceedings.

AB768-ASA1,530,17 3. The amount for which amnesty is requested is, on the date of application for amnesty, a delinquent nonresident account assigned to a collection agency under section 73.03 (28) of the statutes and is the subject of a civil collection proceeding before any court.

AB768-ASA1,530,20 4. The taxpayer is notified during the amnesty period of an adverse determination of his or her appeal of a tax liability by the Wisconsin tax appeals commission or any court during the amnesty period.

AB768-ASA1,530,23 5. The person has filed for relief under the U.S. Bankruptcy Code, except that if the person has applied for amnesty and paid the application fee and if the person's bankruptcy proceeding is dismissed the person is eligible for the amnesty program.

AB768-ASA1,531,2 (d) Nonwaiver. Any penalty assessed under section 71.66 (1) (e), 71.83 (1) (b) 1., 2. and 4. and (2) (a) 5., 77.60 (5), 78.22 (6), 139.25 (2) or (5) or 139.44 (2) of the statutes or assessed for the underpayment of taxes may not be waived under paragraph (b) 2. or 3 .

AB768-ASA1,531,7 (e) Finality; full payment. All amounts paid under amnesty are final and may not be refunded. Amnesty is available for a taxpayer only if the full amount due as provided by the amnesty program is paid for all of his or her tax obligations as set forth in paragraph (b) within 45 days after notification by the department and all required tax returns are filed.

AB768-ASA1,531,13 (f) Application. For amnesty to apply, a properly completed application for amnesty under this subsection shall be made upon forms and under instructions issued by the department and the applicant must pay $200 or the actual amount due, whichever is less, by certified check, cashier's check, money order or cash. The department of revenue shall credit the payment against the applicant's liabilities and shall retain the payment whether or not the applicant is granted amnesty.

AB768-ASA1,531,15 (g) Proceeds. The collections under paragraph (b) shall be deposited in the general fund.

AB768-ASA1,531,23 (h) Collection fee. The department of revenue shall assess a fee equal to 5% of the person's delinquent balance of tax, penalty and interest, computed as of August 15, 1998, to any person who qualified for amnesty under paragraph (b) 1 . but did not resolve his or her account. That assessment may be made upon completion of the amnesty application period for taxpayers who are eligible for amnesty but do not apply for it and on the day after the due date for taxpayers who apply but do not pay in full. The proceeds of this fee shall be deposited in the appropriation account under section 20.566 (1) (hq) of the statutes.

AB768-ASA1, s. 9145 Section 9145. Nonstatutory provisions; supreme court.