AB150: Bill Text

AB150,731,17 35.84 (figure) Column J Opinions of Attorney General; s. 35.28; s. 165.015 (1)

AB150,731,18 43. Public Defender Board41 44

AB150, s. 1754 Section 1754. 35.84 (figure) column K line 43 of the statutes is amended to read:

AB150,731,21 35.84 (figure) Column K Supreme Court Reports; s. 35.28; s. 751.11

AB150,731,22 43. Public Defender Board41 44

AB150, s. 1755 Section 1755. 35.86 (1) of the statutes is amended to read:

AB150,732,11 35.86 (1) The director of the historical society may procure the exchange of public documents produced by federal, state, county, local and other agencies as may be desirable to maintain or enlarge its historical, literary and statistical collections, and may make such distributions of public documents, with or without exchange, as may accord with interstate or international comity. The state law librarian shall procure so many of such exchanges as the state law librarian is authorized by law to make, and the department of health and social services, commissioner of banking department of financial institutions, department of public instruction, legislative reference bureau, and the legislative council staff, may procure by exchange such documents from other states and countries as may be needed for use in their respective offices. Any other state agency wishing to initiate a formal exchange program in accordance with this section may do so by submitting a formal application to the department and by otherwise complying with this section.

AB150, s. 1756 Section 1756. 36.07 (1) of the statutes is amended to read:

AB150,732,15 36.07 (1) (title) Corporate status and title Title. The board and their successors in office shall constitute a body corporate by shall bear the name of "Board of Regents of the University of Wisconsin System".

AB150, s. 1757 Section 1757. 36.11 (1) (b) of the statutes is amended to read:

AB150,733,3 36.11 (1) (b) The board may purchase, have custody of, hold, control, possess, lease, grant easements and enjoy any lands, buildings, books, records and all other property of any nature which may be necessary and required for the purposes, objects and uses of the system authorized by law, subject to the powers of the University of Wisconsin Hospitals and Clinics Authority under s. 233.03 (13) and under the lease agreement, as defined under s. 233.01 (6), and except that the board shall not permit a facility that would be privately owned or operated to be constructed on state-owned land without obtaining prior approval of the building commission under s. 13.48 (12). The board may sell or dispose of such property as provided by law, or any part thereof when in its judgment it is for the best interests of the system and the state, except that purchases and sales of real property shall be subject to the approval of the building commission.

AB150, s. 1758 Section 1758. 36.11 (6) (a) 2. of the statutes is amended to read:

AB150,733,8 36.11 (6) (a) 2. Make grants equivalent in value to the payment of incidental fees to disabled residents of the state who are recommended and supervised by the department of health and social services industry, labor and human relations under s. 47.02.

AB150, s. 1759 Section 1759. 36.11 (26) of the statutes is amended to read:

AB150,733,15 36.11 (26) Building program planning and approval. The board shall establish a process for submission of building projects to the building commission for approval. No building project for the system may be submitted by the board to the building commission unless the project is developed and approved by the board in conformity with this subsection. This subsection does not apply to building projects of the University of Wisconsin Hospitals and Clinics Authority.

AB150, s. 1760 Section 1760. 36.11 (27) of the statutes is created to read:

AB150,733,22 36.11 (27) Transfer to historical society. Beginning in the 1997-98 fiscal year and annually thereafter, the board of regents shall transfer from the appropriation account under s. 20.285 (1) (a) to the appropriation account under s. 20.245 (1) (k), in quarterly instalments, the amount under par. (a) or the amount under par. (b), whichever is greater, unless the board of regents and the board of curators of the historical society agree to a higher amount:

AB150,733,25 (a) An amount equal to 33% of the cost of acquisitions for and operation of the historical society library in the previous fiscal year, as determined by the secretary of administration.

AB150,734,4 (b) An amount equal to $515,000 multiplied by the sum of 1.0 plus the percentage change in the consumer price index for all urban consumers, U.S. city average, between June 30, 1996, and June 30 of the year before the payment, as computed by the federal department of labor, expressed as a decimal.

AB150, s. 1761 Section 1761. 36.11 (28) of the statutes is created to read:

AB150,734,9 36.11 (28) Lease agreement with the University of Wisconsin Hospitals and Clinics Authority. The board shall negotiate and enter into a lease agreement with the University of Wisconsin Hospitals and Clinics Authority that meets the requirements under s. 233.04 (7).

AB150, s. 1762 Section 1762. 36.11 (29) of the statutes is created to read:

AB150,734,17 36.11 (29) Other agreements with the University of Wisconsin Hospitals and Clinics Authority. The board may enter into joint purchasing contracts and other contracts, rental agreements and cooperative agreements and other necessary arrangements with the University of Wisconsin Hospitals and Clinics Authority which may be necessary and required for the purposes, objects and uses of the University of Wisconsin Hospitals and Clinics Authority authorized by law. Purchasing contracts and agreements are subject to s. 16.73 (5).

AB150, s. 1763 Section 1763. 36.25 (5) (a) of the statutes is amended to read:

AB150,735,6 36.25 (5) (a) The board of regents, as licensee, shall manage, operate and maintain broadcasting station WHA and WHA-TV and shall enter into an affiliation agreement with the educational communications board and the department of administration pursuant to s. ss.16.991 (3) (b) and 39.14. Except as provided under par. (b), the agreement shall provide that the board of regents shall grant the educational communications board and the department of administration the part-time use of equipment and space necessary for the operations of the state educational radio and television networks. The board of regents shall maintain a separate account for each revenue source for broadcasting station WHA and for WHA-TV which permits identification of the functions or activities for which expenditures are made. The board of regents shall maintain annual records of its expenditures for programming purposes by type of programming and by source of revenue.

AB150, s. 1764 Section 1764. 36.25 (5) (b) of the statutes is amended to read:

AB150,735,10 36.25 (5) (b) The board of regents may rent space on the Madison public broadcast transmission tower to the educational communications board and the department of administration and to other public and commercial broadcasters.

AB150, s. 1765 Section 1765. 36.25 (11) (a) of the statutes is amended to read:

AB150,735,17 36.25 (11) (a) The laboratory of hygiene shall be attached to the university of Wisconsin-Madison. The laboratory of hygiene board shall meet at least quarterly and may promulgate rules under ch. 227,; approve, subject to s. 16.03 (2), the laboratory of hygiene budget,; set fees ,; set priorities; and make final approval of laboratory resources so that the laboratory can act in response to agencies' planned objectives and program priorities.

AB150, s. 1766 Section 1766. 36.25 (11) (g) of the statutes is amended to read:

AB150,735,22 36.25 (11) (g) The laboratory of hygiene board shall submit biennial budget requests reflecting joint budgetary planning with agencies served, and any information required by the department of administration under s. 16.43, directly to the state laboratories coordination board and to the department of administration.

AB150, s. 1767 Section 1767. 36.25 (12) (b) of the statutes is amended to read:

AB150,736,3 36.25 (12) (b) All property used by the Wisconsin psychiatric institute established under s. 46.044, except real property used by the institute and except property of the university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics, is transferred to the board which shall hold such property for the use of the psychiatric research institute.

AB150, s. 1768 Section 1768. 36.25 (13) (title) of the statutes is repealed.

AB150, s. 1769 Section 1769. 36.25 (13) (a) of the statutes is repealed.

AB150, s. 1770 Section 1770. 36.25 (13) (b) of the statutes is renumbered 233.04 (4), and 233.04 (4) (intro.), (a) and (b), as renumbered, are amended to read:

AB150,736,10 233.04 (4) (intro.) The board shall maintain Maintain, control and supervise the use of such hospitals the University of Wisconsin Hospitals and Clinics, for the purposes of:

AB150,736,13 (a) Delivering comprehensive, high-quality health care to patients using the hospitals and to those seeking care from its programs, including a commitment to provide such care for the medically indigent.

AB150,736,16 (b) Instructing medical Providing an environment suitable for instructing medical and other health professions students, physicians, nurses and members of other health-related disciplines.

AB150, s. 1771 Section 1771. 36.25 (13) (c) of the statutes is repealed.

AB150, s. 1772 Section 1772. 36.25 (13) (d) of the statutes is repealed.

AB150, s. 1773 Section 1773. 36.25 (30) (intro.) of the statutes is amended to read:

AB150,736,25 36.25 (30) Hazardous pollution prevention program. (intro.) The board shall establish in the extension a hazardous pollution prevention program to promote hazardous pollution prevention, as defined in s. 144.955 (1) (c). In cooperation with the department of natural resources, the department of development and the hazardous pollution prevention board council, the program shall do all of the following:

AB150, s. 1774 Section 1774. 36.25 (30) (b) of the statutes is repealed.

AB150, s. 1775 Section 1775. 36.25 (30) (c) of the statutes is amended to read:

AB150,737,4 36.25 (30) (c) Assist the hazardous pollution prevention board council in preparing the report under s. 144.955 (3) (f) 560.19 (4) (d).

AB150, s. 1776 Section 1776. 36.29 (1) of the statutes is amended to read:

AB150,738,3 36.29 (1) All gifts, grants and bequests for the benefit or advantage of the system or any of its institutions, departments or facilities or to provide any means of instruction, illustration or knowledge in connection therewith, whether made to trustees or otherwise, shall be valid notwithstanding any other provision of this chapter except as otherwise provided in this subsection and shall be executed and enforced according to the provisions of the instrument making the same, including all provisions and directions in any such instrument for accumulation of the income of any fund or rents and profits of any real estate without being subject to the limitations and restrictions provided by law in other cases; but no such income accumulation shall be allowed to produce a fund more than 20 times as great as that originally given. When such gifts, grants or bequests include common stocks or other investments which are not authorized by ch. 881, the board may continue to hold such common stocks or other investments and exchange, invest or reinvest the funds of such gift, grant or bequest in similar types of investments without being subject to the limitations and restrictions provided by law in other cases. No such investment shall knowingly be made in any company, corporation, subsidiary or affiliate which practices or condones through its actions discrimination on the basis of race, religion, color, creed or sex. Except as otherwise provided in this section, the board may invest not to exceed 75% 85% of trust funds held and administered by the board in common stocks, the limitation of 50% in s. 881.01 (2) to the contrary notwithstanding. This subsection does not apply to a gift, grant or bequest that the board declines to accept or that the board is not authorized to accept under this section.

AB150, s. 1777 Section 1777. 36.39 (2) of the statutes is amended to read:

AB150,738,8 36.39 (2) Complimentary and reduced price tickets required permitted by rules of intercollegiate athletic conferences in which the system participates if the chancellor of the institution participating in the athletic event has approved the furnishing of such tickets; and

AB150, s. 1778 Section 1778. 36.47 of the statutes is repealed.

AB150, s. 1779 Section 1779. 36.50 (title) and (1) (intro.) of the statutes are renumbered 196.497 (title) and (1) (intro.).

AB150, s. 1780 Section 1780. 36.50 (1) (a) of the statutes is repealed.

AB150, s. 1781 Section 1781. 36.50 (1) (b) to (d) of the statutes are renumbered 196.497 (1) (b) to (d).

AB150, s. 1782 Section 1782. 36.50 (2) of the statutes is renumbered 196.497 (2) and amended to read:

AB150,738,20 196.497 (2) Coordination. (a) Initial agency to be contacted. The board commission shall serve as the initial agency in this state to be contacted by the federal department of energy or any other federal agency on any matter related to the long-term disposal of high-level radioactive waste or transuranic waste.

AB150,739,2 (b) Receipt of information. The board commission shall serve as the initial agency in this state to receive any report, study, document, information or notification of proposed plans from the federal department of energy or any other federal agency on any matter related to the long-term disposal of high-level radioactive waste or transuranic waste. Notification of proposed plans include notification of proposals to conduct field work, on-site evaluation, on-site testing or similar activities.

AB150,739,8 (c) Dissemination of information. The board commission shall disseminate or arrange with the federal department of energy or other federal agency to disseminate information received under par. (b) to appropriate state agencies, local units of government, regional planning commissions, American Indian tribal governing bodies, the general public, interested citizen groups and persons who have requested in writing to receive this information.

AB150,739,16 (d) Response. The board commission shall respond to contacts under par. (a) and information received under par. (b) if a response is appropriate. The board commission shall consult with the radioactive waste policy council and the radioactive waste technical council and with appropriate state agencies, local units of government, regional planning commissions, American Indian tribal governing bodies, the general public and interested citizen groups in preparing this response. The radioactive waste policy council and the radioactive waste technical council shall prepare written comments for use in this response if requested to do so by the board.

AB150, s. 1783 Section 1783. 36.50 (3) of the statutes is renumbered 196.497 (3) and amended to read:

AB150,739,22 196.497 (3) Advocate. The board commission shall serve as an advocate on behalf of the citizens of this state before the federal department of energy and other federal agencies on matters related to the long-term disposal of radioactive waste and transuranic waste.

AB150, s. 1784 Section 1784. 36.50 (4) of the statutes is repealed.

AB150, s. 1785 Section 1785. 36.50 (5) to (7) of the statutes are renumbered 196.497 (5) to (7) and amended to read:

AB150,740,16 196.497 (5) Review of applications for federal funds. The board commission shall review any application to the federal department of energy or other federal agency by a state agency, local unit of government or regional planning commission for funds for any program related to the long-term disposal of high-level radioactive waste or transuranic waste. If the board commission finds that the application is not consistent with the board's commission's policy related to the long-term disposal of high-level radioactive waste or transuranic waste or that the application is not in the best interest of the state, the board commission shall forward its findings to the governor, the joint committee on finance and the federal agency to which the application for funds is being made. If the board commission finds that the application of a state agency is not consistent with the board's commission's policy related to the long-term disposal of high-level radioactive waste or transuranic waste or that the application of a state agency is not in the best interest of the state, the findings forwarded to the governor shall include a recommendation that the governor act under s. 16.54 (1) and stipulate conditions for the acceptance of the funds which are necessary to safeguard the interests of the state.

AB150,740,21 (6) Monitor federal activity. The board commission shall monitor activity in congress and the federal government related to the long-term disposal of high-level radioactive waste and transuranic waste. The board commission may advise the congressional delegation from this state of action which is needed to protect the interests of the state.

AB150,740,25 (7) Request attorney general to intervene. If appropriate the board commission shall request the attorney general to intervene in federal proceedings to protect the state's interests and present the state's point of view on matters related to the long-term disposal of high-level radioactive waste or transuranic waste.

AB150, s. 1786 Section 1786. 36.50 (8) (title) of the statutes is renumbered 196.497 (8) (title).

AB150, s. 1787 Section 1787. 36.50 (8) (a) and (b) of the statutes are renumbered 196.497 (8) (a) and (b) and amended to read:

AB150,741,8 196.497 (8) (a) Negotiations with the federal department of energy. The board commission shall serve as the agency in this state to negotiate written agreements and modifications to these agreements, with the federal department of energy on any matter related to the long-term disposal of high-level radioactive waste or transuranic waste.

AB150,741,13 (b) Negotiations with other federal agencies. The board commission shall serve as the agency in this state to negotiate written agreements and modifications to these agreements, with any federal agency other than the federal department of energy on any matter related to the long-term disposal of high-level radioactive waste or transuranic waste.

AB150, s. 1788 Section 1788. 36.50 (8) (c) of the statutes is repealed.

AB150, s. 1789 Section 1789. 36.50 (8) (d) of the statutes is renumbered 196.497 (8) (d) and amended to read:

AB150,741,23 196.497 (8) (d) Hearings. The board shall commission may conduct more than one public hearing hearings on any proposed agreement or modification to an agreement negotiated under par. (a) or (b). The board commission shall provide 30 days' notice of the date and location of hearings conducted under this paragraph. The board commission shall prepare a written summary of testimony presented at hearings conducted under this paragraph and shall consider the need for modifications to the negotiated agreement as a result of the hearings.

AB150, s. 1790 Section 1790. 36.50 (8) (e) of the statutes is repealed.

AB150, s. 1791 Section 1791. 36.50 (8) (f) of the statutes is renumbered 196.497 (8) (f).

AB150, s. 1792 Section 1792. 36.50 (8) (g) of the statutes is renumbered 196.497 (8) (g) and amended to read:

AB150,742,5 196.497 (8) (g) Technical revisions. The board commission may negotiate what in the board's commission's judgment are technical revisions to any agreement approved under sub. (10).

AB150, s. 1793 Section 1793. 36.50 (8) (h) of the statutes is repealed.

AB150, s. 1794 Section 1794. 36.50 (8) (i) of the statutes is renumbered 196.497 (8) (i).

AB150, s. 1795 Section 1795. 36.50 (9) of the statutes is renumbered 196.497 (9), and 196.497 (9) (a), (b) (intro.) and 5. to 11. and (c) (intro.), 2., 4. and 5., as renumbered, are amended to read:

AB150,742,17 196.497 (9) (a) Separate agreements. The board commission may negotiate separate agreements with the federal department of energy concerning different stages of the process of evaluating and selecting a site for the long-term disposal of high-level radioactive waste or transuranic waste. The board commission shall negotiate a separate agreement with the federal department of energy for the final stages of the selection of any site for the long-term disposal of high-level radioactive waste or transuranic waste.

AB150,742,19 (b) Contents. (intro.) Any agreement negotiated by the board commission with the federal department of energy under sub. (8) (a) shall include all of the following:

AB150,743,6 5. A requirement that the federal department of energy and any of its contractors or subcontractors shall provide the board commission with all reports and documents the board commission requests and any other relevant reports and documents in a timely manner and in accordance with any applicable law, regulation or rule. The requirement shall specify that the federal department of energy may not charge a fee for searching for or for supplying reports and documents requested by the board commission. The requirement shall specify that the federal department of energy shall provide the board commission with all reports and documents the board commission requests and any other relevant reports and documents from contractors and subcontractors after the reports and documents are submitted to the federal department of energy regardless of whether the reports and documents have received the department of energy's final approval.

AB150,743,10 6. A requirement that, upon request by the board commission, the federal department of energy shall provide the data, methods and underlying assumptions used in the preparation of reports and documents in accordance with any applicable law, regulation or rule.

AB150,743,14 7. A requirement that the federal department of energy shall notify the board commission of any grants related to the long-term disposal of high-level radioactive waste and transuranic waste from the federal department of energy to any person in this state.

AB150,743,20 8. A requirement that the federal department of energy shall notify the board commission in a timely manner of any proposed field work, on-site evaluation, on-site testing or similar activities it or any contractor or subcontractor intends to conduct and a requirement that the federal department of energy shall allow the board commission to monitor these activities by designating a reasonable number of persons to observe the activities or by any other appropriate means.

AB150,743,25 9. A requirement that the federal department of energy shall provide the board commission in a timely manner with a copy of any requests for proposals and final contracts issued by the federal department of energy relating to the evaluation, selection or construction of a site for the long-term disposal of high-level radioactive waste or transuranic waste in this state.

AB150,744,5 10. A provision that the federal department of energy shall agree to provide funds to be used to provide educational programs under sub. (4) and to review the activities of the federal department of energy and its contractors and subcontractors which relate to assessing the suitability of the state for the long-term disposal of high-level radioactive waste or transuranic waste.

AB150,744,11 11. A process for resolving disputes between the board commission and the federal department of energy including disputes concerning alleged violations of the written agreement and disputes concerning technical assessments made by the federal department of energy. The process for resolving disputes concerning technical assessments made by the federal department of energy may involve a process of scientific review and mediation.