AB150: Bill Text

AB150,2425,11 (c)  Employe transfers. On the effective date of this paragraph, the employes of the department of natural resources that perform primarily activities associated with the responsibilities that are given to the department of development by this act concerning discharges from regulated storage tanks, as determined by the secretary of administration, are transferred to the department of development.

AB150,2425,18 (d)  Employe status. Employes transferred under paragraph (b) to the department of development have all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of development that they enjoyed in the department of natural resources 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.

AB150,2425,24 (e)  Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of natural resources primarily used in relation to the responsibilities that are given to the department of development by this act concerning discharges from regulated storage tanks, as determined by the secretary of administration, are transferred to the department of development.

AB150,2426,7 (f)  Contracts. All contracts entered into by the department of natural resources relating to the responsibilities that are given to the department of development by this act concerning discharges from regulated storage tanks that are in effect on the effective date of this paragraph remain in effect and are transferred to the department of development. The department of development shall carry out any obligations under those contracts until they are modified or rescinded by the department of development to the extent allowed under the contracts.

AB150,2426,17 (g)  Rules and orders. All rules promulgated by the department of natural resources relating to the responsibilities that are given to the department of development by this act concerning discharges from regulated storage tanks that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until the department of development promulgates other rules. All orders issued by the department of natural resources that are in effect on the effective date of this paragraph relating to the responsibilities that are given to the department of development by this act concerning discharges from regulated storage tanks remain in effect until their specified expiration dates or until modified or rescinded by the department of development.

AB150,2426,24 (h)  Pending matters. Any matter pending with the department of natural resources on the effective date of this paragraph relating to the responsibilities that are given to the department of development by this act concerning discharges from regulated storage tanks is transferred to the department of development and all materials submitted to or actions taken by the department of natural resources with respect to the pending matter are considered to have been submitted to or taken by the department of development.

AB150,2427,6 (i)  Federal approval. The secretary of natural resources, the secretary of industry, labor and human relations and the secretary of development shall work together to ensure that the changes in this state's program for underground storage tank regulation that result from the transfer of primary responsibility for that program to the department of development are approved by the federal environmental protection agency under 42 USC 6991c no later than January 1, 1997.

AB150,2427,7 (7)  Clean water fund hardship assistance.

AB150,2427,9 (a)  In this subsection, "adjusted gross income" means Wisconsin adjusted gross income, as defined in section 71.01 (13) of the statutes.

AB150,2427,16 (b)  Notwithstanding section 144.241 (13) of the statutes, as affected by this act, a municipality with a project on a priority list established under section 144.241 (8e) of the statutes, as affected by this act, for the 1995-97 biennium is eligible for a no-interest loan for all project costs eligible for financial assistance under sections 144.241 and 144.2415 of the statutes, as affected by this act, except those costs to which section 144.241 (8) (b) or (c) of the statutes or section 144.241 (8) (h) of the statutes, as affected by this act, applies, if all of the following apply:

AB150,2427,20 1.  The municipality received a clean water fund planning and design financial hardship assistance agreement for the project during the 1991 to 1995 fiscal years or the municipality's construction project appeared on the 1993, 1994 or 1995 clean water fund hardship funding list.

AB150,2427,23 2.  Total charges imposed on residential users in the municipality that relate to wastewater treatment exceed 1.5% of the total adjusted gross income of residents of the municipality.

AB150,2428,3 3.  The municipality is in the top 25% of municipalities for total charges imposed on residential users that relate to wastewater treatment as a percentage of the total equalized value of property in the municipality.

AB150,2428,5 4.  The per capita adjusted gross income of residents of the municipality does not exceed the per capita adjusted gross income of residents of this state.

AB150,2428,10 5.  The equalized value of the improved residential property in the municipality divided by the number of improved residential parcels in the municipality does not exceed the equalized value of the improved residential property in this state divided by the number of improved residential parcels in this state, as reported by the department of revenue.

AB150,2428,13 6.  The municipality satisfies section 144.2415 (9) (b) 2. of the statutes and all other requirements for clean water fund assistance that are not inconsistent with this subsection.

AB150,2428,23 (c)  Notwithstanding the repeal of section 144.2415 (3) (g) of the statutes by this act and the creation of section 144.2415 (3) (dm) of the statutes by this act, the total amount of the present value of subsidies used to provide financial hardship assistance under section 144.241 (13) of the statutes, as affected by this act, during the 1995-97 biennium may not exceed $9,600,000. If there is insufficient subsidy to fund all projects eligible for hardship assistance, the department of natural resources shall allocate subsidy available for hardship assistance to projects on the priority list under section 144.241 (8e) of the statutes, as affected by this act, that are eligible for hardship assistance in the order that the projects appear on that priority list, notwithstanding section 144.241 (9m) (e) of the statutes, as created by this act.

AB150,2428,24 (8)  Council on recycling.

AB150,2429,5 (a)  Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of natural resources that is primarily related to the functions of the council on recycling, as determined by the secretary of administration, is transferred to the recycling market development board.

AB150,2429,12 (b)  Contracts. All contracts entered into by the department of natural resources in effect on the effective date of this paragraph that are primarily related to the functions of the council on recycling, as determined by the secretary of administration, remain in effect and are transferred to the recycling market development board. The recycling market development board shall carry out any such contractual obligations unless modified or rescinded by the recycling market development board to the extent allowed under the contract.

AB150, s. 9143 Section 9143. Nonstatutory provisions; personnel commission.

AB150,2429,21 (1)  Adjudication of claims arising before termination of coverage. Notwithstanding Section 9459 (2) (c) of this act, any employe of the University of Wisconsin Hospitals and Clinics Authority who held a position with the authority during the period beginning on the effective date of this subsection and ending on June 30, 1997, may commence or continue to pursue under section 230.44 (1) (g) of the statutes, as created by this act, any appeal arising from a personnel decision made prior to July 1, 1997, until the appeal is appropriately adjudicated and any appropriate relief is granted.

AB150,2430,2 (2)  Appeals and complaints filing fee schedule. The personnel commission shall submit in proposed form the rules required under section 230.45 (3) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.

AB150,2430,3 (3)   Transitional provisions.

AB150,2430,6 (a)  Name change. Wherever the term "personnel commission" appears in the statutes, as affected by the acts of 1995, the term "employment commission" is substituted.

AB150,2430,10 (b)   Incumbent commissioners. An incumbent commissioner of the personnel commission immediately prior to the effective date of this paragraph may not continue as a commissioner of the employment commission unless he or she is appointed to that commission as a commissioner.

AB150,2430,13 (c)  Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the personnel commission shall become the assets and liabilities of the employment commission.

AB150,2430,16 (d)   Employe transfers. All incumbent employes holding positions in the personnel commission, except the commissioners under paragraph (b) , are transferred on the effective date of this paragraph to the employment commission.

AB150,2430,22 (e)  Employe status. Employes transferred under paragraph (d) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the employment commission that they enjoyed in the personnel commission 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.

AB150,2430,25 (f)  Tangible personal property, records. On the effective date of this paragraph, all tangible personal property, including records, of the personnel commission is transferred to the employment commission.

AB150,2431,5 (g)  Contracts. All contracts entered into by the personnel commission in effect on the effective date of this paragraph remain in effect and are transferred to the employment commission. The employment commission shall carry out any such contractual obligations until modified or rescinded by the employment commission to the extent allowed under the contract.

AB150, s. 9144 Section 9144. Nonstatutory provisions; public defender board.

AB150,2431,17 (1)  Transfer of positions and employes. On the effective date of this subsection, 4.5 FTE GPR positions having duties primarily related to the information technology implementation, support and management of the public defender board, as determined by the secretary of administration, are transferred from the public defender board to the department of administration. Employes transferred under this subsection have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that they enjoyed in the public defender board 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.

AB150,2431,21 (2)  Verification and collection system. Before October 1, 1995, the state public defender shall report to the department of administration on the plan of the state public defender in exercising the public defender's duties under section 977.06 (1) of the statutes, as created by this act.

AB150,2431,25 *-2436/2.9144* (3)   Private local attorneys; case assignment. By October 1, 1995, the state public defender shall report to the department of administration on the plan of the state public defender in exercising authority under section 977.08 (3) (g) of the statutes, as created by this act.

AB150,2432,5 (4)  Cost-effectiveness of paralegal positions. By October 1, 1996, the state public defender shall submit a report to the legislature in the manner provided in section 13.172 (2) of the statutes and to the governor evaluating the cost-effectiveness of the use of the paralegal project positions for the state public defender that are authorized in this act.

AB150, s. 9145 Section 9145. Nonstatutory provisions; public instruction.

AB150,2432,7 (1)  Agency name change.

AB150,2432,10 (a)  Wherever the term "department of public instruction" appears in the statutes, as affected by the acts of 1995, the term "department of education" is substituted.

AB150,2432,12 (b)  Wherever the term "state superintendent" appears in chapters 115 to 121 of the statutes, as affected by the acts of 1995, the term "department" is substituted.

AB150,2432,16 (c)  Wherever the term "state superintendent of public instruction" or "superintendent of public instruction" appears in the statutes, as affected by the acts of 1995, other than in chapters 14, 15, 20, 39 and 230 of the statutes, as affected by the acts of 1995, the term "secretary of education" is substituted.

AB150,2432,22 (2)  Pupil assessment. Except as provided in section 118.30 (2) of the statutes, as affected by this act, in the 1995-96 school year a school board may administer the 4th grade examination adopted or approved by the state superintendent of public instruction under section 118.30 (1) of the statutes, as affected by this act, to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade.

AB150,2433,3 (3)  School district revenue limits. For the purpose of calculating a school district's revenue limit for the 1995-96 school year under section 121.91 (2m) of the statutes, as affected by this act, the school district's revenue limit for the 1994-95 school year shall be recalculated using the definition of state aid in section 121.90 (2) of the statutes, as affected by this act, in section 121.91 (2) (a) 1. and (b) 1. of the statutes.

AB150,2433,4 (4)  Reorganization of cooperative educational service agencies.

AB150,2433,10 (a)  Beginning on July 1, 1996, with the advice and participation of school board representatives, school district administrators and cooperative educational service agency administrators, the secretary of education shall reorganize the 12 cooperative educational service agencies into 15 cooperative educational service agencies. The reorganization shall be effective on July 1, 1997. The cooperative educational service agencies shall be reorganized as follows:

AB150,2433,12 1.  Cooperative educational service agency no. 1 shall be coterminous with Gateway technical college district.

AB150,2433,14 2.  Cooperative educational service agency no. 2 shall be coterminous with Blackhawk technical college district.

AB150,2433,16 3.  Cooperative educational service agency no. 3 shall be coterminous with Southwest Wisconsin technical college district.

AB150,2433,18 4.  Cooperative educational service agency no. 4 shall be coterminous with Madison area technical college district.

AB150,2433,21 5.  Cooperative educational service agency no. 5 shall be coterminous with the combined territory of the Waukesha County area and Milwaukee area technical college districts.

AB150,2433,23 6.  Cooperative educational service agency no. 6 shall be coterminous with Moraine Park technical college district.

AB150,2433,25 7.  Cooperative educational service agency no. 7 shall be coterminous with Lakeshore technical college district.

AB150,2434,2 8.  Cooperative educational service agency no. 8 shall be coterminous with Fox Valley technical college district.

AB150,2434,4 9.  Cooperative educational service agency no. 9 shall be coterminous with Mid-state technical college district.

AB150,2434,6 10.  Cooperative educational service agency no. 10 shall be coterminous with Western Wisconsin technical college district.

AB150,2434,8 11.  Cooperative educational service agency no. 11 shall be coterminous with Chippewa Valley technical college district.

AB150,2434,10 12.  Cooperative educational service agency no. 12 shall be coterminous with Northcentral technical college district.

AB150,2434,12 13.  Cooperative educational service agency no. 13 shall be coterminous with Northeast Wisconsin technical college district.

AB150,2434,14 14.  Cooperative educational service agency no. 14 shall be coterminous with Nicolet area technical college district.

AB150,2434,16 15.  Cooperative educational service agency no. 15 shall be coterminous with Wisconsin Indianhead technical college district.

AB150,2434,20 (b)  If the territory of a school district is located in more than one technical college district, the school board of that school district shall determine which of the reorganized cooperative educational service agencies under paragraph (a) , in which the school district is located, the school district shall participate in.

AB150,2435,5 (c) 1.   Except as provided under subdivisions 2. and 3. , the assets and liabilities, including employment contracts, of the existing cooperative educational service agencies shall be distributed among the reorganized cooperative educational service agencies, effective on July 1, 1997, by agreements made among the existing boards of control. The agreements shall be based upon the use made of agency services by the school districts within each agency. A copy of each such agreement shall be sent to the secretary of education for his or her approval by March 15, 1997. If no agreement is reached by the boards of control by March 15, 1997, the secretary of education shall distribute the assets and liabilities among the reorganized cooperative educational service agencies.

AB150,2435,12 2.  The assets and liabilities associated with real property shall be assigned by contract as ownership shares, effective on July 1, 1997, to the school boards that were parties to the purchase of the real property. A copy of each such contract shall be sent to the secretary of education by March 15, 1997, for the secretary's approval. Title to the real property shall transfer to the cooperative educational service agency in which it is located on July 1, 1997. Upon sale of the property, the assets and liabilities shall be distributed as ownership shares.

AB150,2435,17 3.  The assets and liabilities associated with regional data processing equipment shall be assigned by contract as ownership shares, effective on July 1, 1997, to the school boards that were parties to the purchase of the equipment. Any disagreements arising between school boards under this subdivision shall be submitted to the secretary of education for resolution.

AB150,2435,22 (d)  All contracts for services entered into by a board of control of a cooperative educational service agency under section 116.03 (3) of the statutes prior to July 1, 1997, which extend beyond July 1, 1997, shall on July 1, 1997, be treated as obligations of the board of control of the appropriate reorganized cooperative educational service agency.

AB150,2436,2 (e)  All proceedings before a board of control of a cooperative educational service agency under section 116.07 of the statutes pending on July 1, 1997, shall be treated as proceedings before the board of control of the appropriate reorganized cooperative educational service agency.

AB150,2436,5 (f)  No contract of employment entered into or extended by a board of control of a cooperative educational service agency after the effective date of this paragraph but prior to July 1, 1997, may extend beyond July 1, 1997.

AB150,2436,9 (g)  The impact of any reorganization on the wages, hours and conditions of employment of the employes of the cooperative educational service agency is a mandatory subject of collective bargaining between the board of control and any representative of the employes affected by the reorganization of the agencies.

AB150,2436,13 (h)  By March 31, 1997, the secretary of education shall submit a report to the governor, and to the legislature in the manner provided under section 13.172 (2) of the statutes, on the progress made in reorganizing the cooperative educational service agencies under this subsection.

AB150,2436,14 (5)  Transfer of functions to department of revenue.

AB150,2436,20 (a)  On the effective date of this paragraph, the assets and liabilities of the department of education primarily related to the calculation and distribution of general school aid, handicapped education aid, bilingual-bicultural education aid, tuition payments, pupil transportation aid and school library aids, as determined by the secretary of administration, shall become the assets and liabilities of the department of revenue.

AB150,2436,25 (b)  On the effective date of this paragraph, the secretary of administration may transfer from the department of education to the department of revenue any position in the department of education primarily related to the calculation and distribution of general school aid, handicapped education aid, bilingual-bicultural education aid, tuition payments, pupil transportation aid or school library aids.

AB150,2437,3 (c)  On the effective date of this paragraph, the secretary of administration may transfer from the department of education to the department of revenue any employe holding a position described under paragraph (b) .

AB150,2437,9 (d)  On the effective date of this paragraph, all tangible personal property, including records, of the department of education that is primarily related to the calculation and distribution of general school aid, handicapped education aid, bilingual-bicultural education aid, tuition payments, pupil transportation aid and school library aids, as determined by the secretary of administration, is transferred to the department of revenue.

AB150,2437,17 (e)  All contracts entered into by the department of education in effect on the effective date of this paragraph that are primarily related to the calculation and distribution of general school aid, handicapped education aid, bilingual-bicultural education aid, tuition payments, pupil transportation aid and school library aids, 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 contract.

AB150,2438,5 (f)  All rules promulgated by the department of education that are in effect on the effective date of this paragraph and that are primarily related to the calculation and distribution of general school aid, handicapped education aid, bilingual-bicultural education aid, tuition payments, pupil transportation aid and school library aids, as determined by the secretary of administration, 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 education that are in effect on the effective date of this paragraph and that are primarily related to the calculation and distribution of general school aid, handicapped education aid, bilingual-bicultural education aid, tuition payments, pupil transportation aid and school library aids, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the secretary of revenue.

AB150,2438,13 (g)  All matters pending with the department of education on the effective date of this paragraph that are primarily related to the calculation and distribution of general school aid, handicapped education aid, bilingual-bicultural education aid, tuition payments, pupil transportation aid and school library aids, as determined by the secretary of administration, are transferred to the department of revenue and all materials submitted to or actions taken by the department of education with respect to the pending matter are considered as having been submitted to or taken by the department of revenue.

AB150,2438,22 (6)  Staff development calendar. During the 1996-97 school year, the department of education shall study the feasibility of establishing a statewide or cooperative educational service agency-wide staff development calendar for school districts to identify the benefits of a more coordinated approach to staff development and to explore how that would improve the effectiveness of staff development efforts and support greater interaction between teachers of different school districts. The department shall submit its report by January 1, 1997, to the governor, and to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes.

AB150,2439,2 (7)  Efficiency measures. By October 1, 1995, the department of public instruction shall submit a report to the governor and the joint committee on finance recommending how savings in fiscal year 1995-96 of $772,700 and in fiscal year 1996-97 of $1,545,300 resulting from budgetary efficiency measures should be allocated among the department's general purpose revenue appropriations.

AB150, s. 9146 Section 9146. Nonstatutory provisions; public service commission.

AB150,2439,5 (1)   Abolishing the office of commissioner of railroads; transitional provisions.

AB150,2439,6 (a)  Definitions. In this subsection:

AB150,2439,7 1.  "Department" means the department of transportation.

AB150,2439,9 2.  "Division" means the division of hearings and appeals in the department of administration.

AB150,2439,10 3.  "Office" means the office of the commissioner of railroads.

AB150,2439,12 (b)   Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office shall become the assets and liabilities of the department.

AB150,2439,13 (c)   Staff.

AB150,2439,15 1.  On the effective date of this subdivision, the position of the commissioner of railroads is abolished.

AB150,2439,18 2.  On the effective date of this subdivision, 1.0 FTE SEG hearing examiner position and the incumbent employe holding that position in the office are transferred to the division.