Amendment SSA2-SB57

LRBs0091/2

RPN:kmg:km

1997 - 1998 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, TO 1997 SENATE BILL 57

March 18, 1997 - Offered by Joint committee on Finance.

SB57-SSA2,1,6 An Act to repeal 85.50 (title), 166.20 (7g) and 166.21 (2) (bm); to renumber and amend 20.395 (4) (bh), 20.465 (3) (jm) and 85.50; to amend 20.465 (3) (rp), 166.20 (2) (bg), 166.21 (2) (br) and 166.21 (2m) (intro.); and to create 341.406 of the statutes; relating to: hazardous materials transportation registration fees, auditing emergency response teams, emergency planning grants, granting rule-making authority and making an appropriation.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB57-SSA2, s. 1 Section 1. 20.395 (4) (bh) of the statutes is renumbered 20.395 (4) (bq) and amended to read:

SB57-SSA2,2,3 20.395 (4) (bq) (title) Hazardous materials transportation fees, state funds. Biennially, from the general fund, from the moneys received from the hazardous materials transportation registration fees established under s. 166.20 (7g) and collected under s. 85.50, the amounts in the schedule for the purpose of collecting and administering those the hazardous materials transportation registration fees under s. 341.406.

SB57-SSA2, s. 2 Section 2. 20.465 (3) (jm) of the statutes is amended to read:

SB57-SSA2,2,11 20.465 (3) (jm) State emergency response board; emergency planning grants. All moneys received by the state emergency response board from fees assessed under s. 166.20 (7), except moneys appropriated under par. (i) for the payment of grants under s. 166.21, except grants under s. 166.21 (2) (bm) (br). The secretary of administration shall lapse from this appropriation amounts totaling the amount expended under par. (d) at the times and in the instalments determined by the secretary of administration.

SB57-SSA2, s. 3 Section 3. 20.465 (3) (rp) of the statutes is amended to read:

SB57-SSA2,2,22 20.465 (3) (rp) Emergency response equipment. From the transportation fund, the amounts in the schedule for grants for the costs of computers and emergency response equipment under s. 166.21 (2) (bm) (br). Notwithstanding s. 20.001 (3) (a), the unencumbered balance of this appropriation on June 30 of each year shall be transferred to the appropriation account under par. (rt), except that transfers to the appropriation account under par. (rt) shall cease whenever the balance in the appropriation account under par. (rt) exceeds $500,000 and shall not recommence until the balance in the appropriation account under par. (rt) is less than $400,000. No moneys may be transferred from this appropriation account to the appropriation account under par. (rt) after June 30, 1998.

SB57-SSA2, s. 4 Section 4. 85.50 (title) of the statutes is repealed.

SB57-SSA2, s. 5 Section 5. 85.50 of the statutes is renumbered 341.406 (2) and amended to read:

SB57-SSA2,3,5 341.406 (2) The department shall collect the fees established under s. 166.20 (7g) sub. (1) to be paid by persons who may be required to file hazardous materials transportation registration statements with the federal department of transportation under 49 USC Appendix 1805 (c) 5108 or who may be required to register with the state under 49 USC 5119.

SB57-SSA2, s. 6 Section 6. 166.20 (2) (bg) of the statutes is amended to read:

SB57-SSA2,3,9 166.20 (2) (bg) Promulgate rules establishing an amount not to exceed $6,000 that may be an eligible cost for computers in an emergency planning grant under s. 166.21 (2) (bm) (br).

SB57-SSA2, s. 7 Section 7. 166.20 (7g) of the statutes is repealed.

SB57-SSA2, s. 8 Section 8. 166.21 (2) (bm) of the statutes is repealed.

SB57-SSA2, s. 9 Section 9. 166.21 (2) (br) of the statutes is amended to read:

SB57-SSA2,3,17 166.21 (2) (br) Subject to sub. (2m), for grant applications submitted during the period after May 31, 1995, and before September 1, 1997, 80% of the costs of computers and emergency response equipment, but not to exceed $10,000. In-kind contributions may be used to meet the committee's contribution under this paragraph.

SB57-SSA2, s. 10 Section 10. 166.21 (2m) (intro.) of the statutes is amended to read:

SB57-SSA2,3,22 166.21 (2m) Strategic plan. (intro.) A committee is eligible for grant funds under sub. (2) (bm) (br) for emergency response equipment only if it submits to the board a strategic plan for emergency response to hazardous substance releases that includes all of the following:

SB57-SSA2, s. 11 Section 11. 341.406 of the statutes is created to read:

SB57-SSA2,4,8 341.406 Uniform hazardous materials transportation plan and fees. (1) The department shall promulgate rules establishing criteria for the payment of fees by persons who may be required to file hazardous materials transportation registration statements with the federal department of transportation under 49 USC 5108 or who may be required to register with the state under 49 USC 5119. The rules promulgated under this subsection shall be consistent with the procedures, limitations and recommendations under 49 USC 5119 and shall provide revenue from the fees paid in an amount that reasonably approximates the amounts appropriated from the transportation fund for programs related to hazardous substances and for collecting and administering those fees.

SB57-SSA2, s. 12 Section 12. Nonstatutory provisions.

SB57-SSA2,4,13 (1) The authorized FTE positions for the department of transportation are decreased by 2.0 PR positions, to reflect the transfer of the appropriation account under section 20.395 (4) (bh) of the statutes to the appropriation account under section 20.395 (4) (bq) of the statutes.

SB57-SSA2,4,17 (2) The authorized FTE positions for the department of transportation are increased by 2.0 SEG positions, to reflect the transfer of the appropriation account under section 20.395 (4) (bh) of the statutes to the appropriation account under section 20.395 (4) (bq) of the statutes.

SB57-SSA2,4,21 (3)   The joint legislative audit committee is requested to direct the legislative audit bureau to perform a financial and performance evaluation audit of the emergency response teams that respond to Level A releases of hazardous substances, as defined in section 166.20 (1) (ge) (intro.) of the statutes.

SB57-SSA2,4,25 (4) The department of transportation shall submit in proposed form the rules required under section 341.406 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than June 1, 1997.

SB57-SSA2, s. 13 Section 13. Appropriation changes.

SB57-SSA2,5,5 (1) The unencumbered balance of the appropriation to the department of transportation under section 20.395 (4) (bh) of the statutes, immediately before the effective date of this subsection, is transferred to the appropriation account under section 20.395 (4) (bq) of the statutes, as affected by this act.

SB57-SSA2,5,6 (End)