Wisconsin Legislature: 33,9140

(1z) Brownfields green space grants. During the 2003-05 fiscal biennium, the department of natural resources may review applications submitted to the department by January 17, 2003, for grants under section 292.79 of the statutes and may use the criteria under that section and rules promulgated by the department under that section to make grants of up to a total of $1,000,000 from the appropriation under section 20.370 (6) (eu) of the statutes to applicants that would have been eligible for grants under section 292.79 of the statutes in fiscal year 2002-03.

(2z) Environmental management appropriation reduction. The department of natural resources may submit a plan to the secretary of administration to increase the appropriation to the department of natural resources under section 20.370 (2) (mq) of the statutes by not more than $1,120,000 in fiscal year 2003-04 and $1,120,000 in fiscal year 2004-05 and to decrease one or more other sum certain appropriations made to the department from the environmental fund for environmental management by a total equal to the amount of the proposed increase. The department may not include in the plan a decrease in the appropriation under section 20.370 (2) (mr) of the statutes, as created by this act. The department shall include in the plan a description of the number and types of positions that would be eliminated under the plan. If the secretary does not approve the plan, the department may not implement the plan. If the secretary approves the plan, he or she shall submit the plan to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary within 14 working days after the date of the secretary's submittal that the committee has scheduled a meeting for the purpose of reviewing the plan, the department shall implement the plan. If the cochairpersons of the committee notify the secretary within 14 working days after the date of the secretary's submittal that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may not implement the plan until it is approved by the committee, as submitted or as modified.

(3) Funding to maintain and develop historic sites. Notwithstanding section 20.370 (7) (fa) of the statutes, the requirements that the department of natural resources expend at least $150,000 in each fiscal year from the appropriation under section 20.370 (7) (fa) of the statutes for maintaining and developing historic sites and that the department of natural resources expend at least $10,000 of these amounts in each fiscal year for maintaining and developing Heritage Hill State Park do not apply in fiscal year 2003-04.

(3d) Chronic wasting disease. Of the amounts appropriated to the department of natural resources under section 20.370 (8) (mz) of the statutes, the department of natural resources shall expend $360,000 in fiscal year 2003-04 for efforts to manage wildlife diseases, with a primary focus on managing and testing for chronic wasting disease.

(3f) Grant for mitigation of bluff erosion. During the 2003-05 fiscal biennium, the department of natural resources shall make a grant of $250,000 from the appropriation under section 20.866 (2) (te) of the statutes, as affected by this act, to Sheboygan County for a project to mitigate bluff erosion along County Highway LS if Sheboygan County provides an amount equal to at least 30% of the total project costs from nonstate revenue sources.

(3x) Sale of property. Notwithstanding section 23.15 (1) of the statutes, as affected by this act, during fiscal year 2003-04 and fiscal year 2004-05, the department of natural resources shall make a good faith effort to sell enough real property that is owned by the state under the jurisdiction of the department and that is currently used for one of the purposes specified in section 23.09 (2) (d) of the statutes to receive $20,000,000 annually from those sales after any payment to the bond security and redemption fund and to the federal government. The department shall attempt to first sell real property that is isolated from other publicly owned real property, then to sell real property that is suitable for agricultural use, and finally to sell other real property under its jurisdiction. If there is any outstanding public debt used to finance the acquisition, construction, or improvement of any real property that is sold under this subsection, the department shall deposit a sufficient amount of the net proceeds from the sale of the real property in the bond security and redemption fund under section 18.09 of the statutes to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the real property was purchased with federal financial assistance, the department shall pay to the federal government any of the net proceeds required by federal law. Before entering into an agreement to sell real property under this subsection, the secretary of natural resources shall submit the proposal to sell the real property to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed sale within 14 working days after the date of the secretary's submittal, the sale may be completed. If, within 14 working days after the date of the secretary's submittal of the proposed sale, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed sale, the sale may be implemented under this subsection only upon approval of the committee. Any moneys received from the sale of real property under this subsection shall be deposited in the budget stabilization fund. If the department is unable to sell annually sufficient real property to net $20,000,000 from those sales in either fiscal year, the department shall submit a report to the members of the joint committee on finance detailing the department's plan for selling real property under this subsection and explaining why the department was unable to sell enough real property during the fiscal year to net $20,000,000.

(4f) Recreational boating aids; Memory Lake. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, the department of natural resources shall provide $400,000 in fiscal year 2003-04 to the village of Grantsburg in Burnett County for a project to dredge Memory Lake. The village of Grantsburg shall contribute funding for the project equal to 25% of the project's cost. The village of Grantsburg's contribution may be in matching funds or may be in-kind contributions or both. Notwithstanding section 30.92 (4) (b) 7. and 8. of the statutes, the project specified under this subsection qualifies as a recreational boating project for the purpose of providing moneys under this subsection. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes.

(4g) Little Muskego Lake.

(a) From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, the department of natural resources shall provide financial assistance in fiscal year 2003-04 to the Little Muskego Lake protection and rehabilitation district for a dredging project in Little Muskego Lake. The department of natural resources shall provide as financial assistance under this paragraph $25,000 or an amount equal to the amount contributed by the lake district, whichever is less. The contribution by the lake district may be in the form of money or in-kind contributions or both. Notwithstanding section 30.92 (4) (b) 7. and 8. of the statutes, the project specified under this subsection qualifies as a recreational boating project for the purpose of providing moneys under this subsection. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes.

(b) The financial assistance provided under paragraph (a) shall be used in Island Drive Bay to clean out muck from shore to shore to the hard bottom of the bay or to a depth of 8 feet, whichever is less. Sections 23.24, 30.20, and 283.31 of the statutes do not apply to the dredging project specified under paragraph (a).

(4k) Southeastern Wisconsin Fox River commission. The department of natural resources shall provide in fiscal year 2003-04, from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, $200,000 to the Southeastern Wisconsin Fox River commission. The commission may use this funding for activities that are required or authorized under subchapter VI of chapter 33 of the statutes and that are consistent with the commission's implementation plan. The activities for which this funding is utilized may include the activities required under section 33.56 (1), (2), and (3) of the statutes.

(5g) Reductions of administrative appropriations. By January 1, 2004, the department of natural resources shall submit to the secretary of administration a plan to implement the reductions from fiscal year 2003-04 to fiscal year 2004-05 in the department of natural resource's appropriation accounts under sections 20.370 (8) (ma) and (9) (ma), including proposed position reductions. The secretary of administration may approve or may modify and then approve the plan submitted by the department of natural resources. By March 1, 2004, the secretary shall submit the approved plan to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed plan within 14 working days after the date of the secretary's submittal, the plan may be implemented. If, within 14 working days after the date of the secretary's submittal of the plan, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the plan may be implemented under this subsection only upon approval of the committee.

33,9139 Section 9139. Nonstatutory provisions; personnel commission.

(1) Abolition of personnel commission.

(a) Assets and liabilities.

1. On the effective date of this subdivision, all assets and liabilities of the personnel commission relating to the performance of its duties under section 230.45 (1) (a), (c), (d), and (e), 2001 stats., as determined by the secretary of administration, shall become the assets and liabilities of the employment relations commission.

2. On the effective date of this subdivision, all assets and liabilities of the personnel commission relating to the performance of its duties under section 230.45 (1) (b), (g), (gm), (j), (k), (L), and (m), 2001 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of workforce development.

(b) Tangible personal property.

1. On the effective date of this subdivision, all tangible personal property, including records, of the personnel commission relating to the performance of its duties under section 230.45 (1) (a), (c), (d), and (e), 2001 stats., as determined by the secretary of administration, are transferred to the employment relations commission.

2. On the effective date of this subdivision, all tangible personal property, including records, of the personnel commission relating to the performance of its duties under section 230.45 (1) (b), (g), (gm), (j), (k), (L), and (m), 2001 stats., as determined by the secretary of administration, are transferred to the department of workforce development.

1. On the effective date of this subdivision, all contracts entered into by the personnel commission relating to the performance of its duties under section 230.45 (1) (a), (c), (d), and (e), 2001 stats., as determined by the secretary of administration, which are in effect on the effective date of this subdivision remain in effect and are transferred to the employment relations commission. The employment relations commission shall carry out any such contractual obligations until modified or rescinded by the employment relations commission to the extent allowed under the contract.

2. On the effective date of this subdivision, all contracts entered into by the personnel commission relating to the performance of its duties under section 230.45 (1) (b), (g), (gm), (j), (k), (L), and (m), 2001 stats., as determined by the secretary of administration, which are in effect on the effective date of this subdivision remain in effect and are transferred to the department of workforce development. The department of workforce development shall carry out any such contractual obligations until modified or rescinded by the department of workforce development to the extent allowed under the contract.

(d) Pending matters.

1. On the effective date of this subdivision, any matter pending with the personnel commission relating to the performance of its duties under section 230.45 (1) (a), (c), (d), and (e), 2001 stats., is transferred to the employment relations commission, and all materials submitted to or actions taken by the personnel commission with respect to the pending matter are considered as having been submitted to or taken by the employment relations commission.

2. On the effective date of this subdivision, any matter pending with the personnel commission relating to the performance of its duties under section 230.45 (1) (b), (g), (gm), (j), (k), (L), and (m), 2001 stats., is transferred to the department of workforce development, and all materials submitted to or actions taken by the personnel commission with respect to the pending matter are considered as having been submitted to or taken by the department of workforce development.

(e) Rules and orders.

1. All rules promulgated, and all orders issued, by the personnel commission that are in effect on the effective date of this subdivision and that relate to the performance of its duties under section 230.45 (1) (a), (c), (d), and (e), 2001 stats., remain in effect until their specified expiration date or until amended or repealed or modified or rescinded, whichever is appropriate, by the employment relations commission.

2. All rules promulgated, and all orders issued, by the personnel commission that are in effect on the effective date of this subdivision and that relate to the performance of its duties under section 230.45 (1) (b), (g), (gm), (j), (k), (L), and (m), 2001 stats., remain in effect until their specified expiration date or until amended or repealed or modified or rescinded, whichever is appropriate, by the department of workforce development.

33,9140 Section 9140. Nonstatutory provisions; public defender board.

(1z) Monthly report on private bar appropriation. In each month of the 2003-05 fiscal biennium, the office of the state public defender shall submit to the joint committee on finance a report on the expenditures from, encumbrances against, and unencumbered balance in the appropriation account of the public defender board under section 20.550 (1) (d) of the statutes, as affected by the acts of 2003.

33,9141 Section 9141. Nonstatutory provisions; public instruction.

(2c) School finance commission.

(a) There is created a committee called the school finance commission. The commission shall consist of 3 members appointed by the governor, one member appointed by the state superintendent of public instruction, 3 members appointed by the senate majority leader, 3 members appointed by the speaker of the assembly, one member appointed by the senate minority leader, and one member appointed by the assembly minority leader. The governor shall appoint the chairperson of the commission from among its members.

(b) The commission shall study the system for funding elementary and secondary education in this state, including the equalization aid formula, school finance equity, revenue limits, the qualified economic offer, health insurance costs, and any other issues the governor, the senate majority leader, the speaker of the assembly, the senate minority leader, or the assembly minority leader requests the commission to consider.

(c) The commission shall submit its report, including its recommendations for modifying the school funding system, to the governor and the state superintendent of public instruction, and to the legislature in the manner provided under section 13.172 (1) of the statutes, by January 1, 2004. The commission terminates upon submission of its report.

(2q) Revenue limits.

(a) In this subsection:

1. "Base" means the sum of the amount of state aid received in the 2002-03 school year and property taxes levied for the 2002-03 school year, excluding property taxes levied for the purpose of section 120.13 (19) of the statutes, funds described under section 121.91 (4) (c) of the statutes, and revenues that are excluded under section 121.91 (4) (f) 2. of the statutes, as affected by this act, and section 121.91 (7) of the statutes.

2. "Number of pupils enrolled" has the meaning given in section 121.90 (1) of the statutes, as affected by this act.

(b) For the purpose of determining a school district's revenue limit in the 2003-04 school year, the department of public instruction shall reduce the base in proportion to the change in the average of the number of pupils enrolled in 2000, 2001, and 2002 resulting from counting 4-year-old kindergarten pupils under section 121.004 (7) (c) and (cm) of the statutes, as affected by this act, instead of under section 121.004 (7) (c) and (cm), 2001 stats.

33,9145 Section 9145. Nonstatutory provisions; revenue.

(1f) Tax appeals commission. Notwithstanding section 15.105 (1) of the statutes, the governor may not appoint a tax appeals commissioner to fill a vacancy for the term ending on March 1, 2009, until after June 30, 2005.

(1x) Adoption of federal income tax law changes. Changes to the Internal Revenue Code made by P.L. 107-134, P.L. 107-147, excluding sections 101 and 406 of P.L. 107-147, and P.L. 107-181 apply to the definitions of "Internal Revenue Code" in chapter 71 of the statutes at the time that those changes apply for federal income tax purposes.

33,9146 Section 9146. Nonstatutory provisions; secretary of state.

(1x) Elimination of deputy secretary of state. The authorized FTE positions for the office of the secretary of state, funded from the appropriation under section 20.575 (1) (g) of the statutes, are decreased by 1.0 PR position on the effective date of this subsection for the purpose of eliminating the position of deputy secretary of state.

33,9149 Section 9149. Nonstatutory provisions; technical college system.

(1x) Technical preparation, school-to-work, and work-based learning programs.

(a) The authorized FTE positions for the technical college system board, funded from the appropriation under section 20.292 (1) (kx) of the statutes, as affected by this act, are increased by 2.2 PR positions on the effective date of this paragraph for the purpose of administering the technical preparation, school-to-work, and work-based learning programs under section 38.40 of the statutes, as affected by this act.

(b) The authorized FTE positions for the technical college system board, funded from the appropriation under section 20.292 (1) (m) of the statutes are increased by 7.85 FED positions on the effective date of this paragraph for the purpose of administering the technical preparation, school-to-work, and work-based learning programs under section 38.40 of the statutes, as affected by this act.

33,9150 Section 9150. Nonstatutory provisions; technology for educational achievement in Wisconsin board.

(1d) Transfer of duties from the technology for educational achievement in Wisconsin board.

(a) Outstanding loans. On the effective date of this paragraph, all loans made under section 44.72 (4) (b), 2001 stats., shall be assigned to the department of administration. The department of administration shall take all actions that are necessary for the effective assignment of those loans, including providing notification of that assignment to all persons liable for repayment of those loans.

(b) Positions and employees.

1. The authorized FTE positions for the technology for educational achievement in Wisconsin board, funded from the appropriation under section 20.275 (1) (a), 2001 stats., are decreased by 1.0 GPR position on the effective date of this subdivision for the purpose of eliminating that board.

2. The authorized FTE positions for the technology for educational achievement in Wisconsin board, funded from the appropriation under section 20.275 (1) (g), 2001 stats., are decreased by 0.5 PR position on the effective date of this subdivision for the purpose of eliminating that board.

3. The authorized FTE positions for the technology for educational achievement in Wisconsin board, funded from the appropriation under section 20.275 (1) (m), 2001 stats., are decreased by 0.5 FED position on the effective date of this subdivision for the purpose of eliminating that board.

4. On the effective date of this subdivision, all incumbent employees holding the positions specified in subdivisions 1., 2., and 3. are transferred to the department of administration.

(c) Employee status. Employees transferred under paragraph (b) 4. 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 technology for educational achievement in Wisconsin board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no transferred employee who has attained permanent status in class is required to serve a probationary period.

(d) Contracts. All contracts entered into by the technology for educational achievement in Wisconsin board in effect on the effective date of this paragraph remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under a transferred contract until the department of administration modifies or rescinds the contract.

(e) Rules and orders. All rules promulgated by the technology for educational achievement in Wisconsin board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until the department of administration amends or repeals them. All orders issued by the technology for educational achievement in Wisconsin board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until the department of administration modifies or rescinds them.

(f) Pending matters. Any matter pending with the technology for educational achievement in Wisconsin board on the effective date of this paragraph is transferred to the department of administration, and all materials submitted to or actions taken by the technology for educational achievement in Wisconsin board concerning the pending matter are considered to have been submitted to or taken by the department of administration.

33,9151 Section 9151. Nonstatutory provisions; tobacco control board.

(1) Elimination of the tobacco control board.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the tobacco control board shall become the assets and liabilities of the department of health and family services.

(b) Contracts.

1. All contracts entered into by the tobacco control board in effect on the effective date of this subdivision remain in effect and are transferred to the department of health and family services. The department of health and family services shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of health and family services to the extent allowed under the contract.

2. All contracts entered into by the department of health and family services in effect on the effective date of this subdivision that are primarily related to the functions of the tobacco control board, as determined by the secretary of administration, remain in effect. The department of health and family services shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of health and family services to the extent allowed under the contract.

(c) Rules and orders. All rules promulgated by the tobacco control board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of health and family services. All orders issued by the tobacco control board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of health and family services.

33,9153 Section 9153. Nonstatutory provisions; transportation.

(1j) Traffic control signals in the town of Beloit. Not later than June 30, 2004, the department of transportation shall install traffic control signals at the intersection of Inman Parkway and USH 51 in the town of Beloit in Rock County.

(1r) Request for state highway programs. Notwithstanding section 16.42 (1) of the statutes, the department of transportation shall add to its 2005-07 biennial budget request to the department of administration the following amounts to establish its 2004-05 fiscal year appropriation base for state highway programs:

(a) In the appropriation under section 20.395 (3) (bq) of the statutes, $64,210,200.

(b) In the appropriation under section 20.395 (3) (br) of the statutes, $28,871,900.

(d) In the appropriation under section 20.395 (3) (cr) of the statutes, $52,654,100.

(1y) Positions reduction; submission of plan for each fiscal year.

(a) By the date specified by the cochairpersons of the joint committee on finance for submission of requests for consideration at the 3rd quarterly meeting of the committee under section 13.10 of the statutes in the 2003-04 fiscal year, the department of transportation may submit a plan to the committee that contains the department's proposal for reallocating position reductions in the department, and associated funding adjustments, for fiscal year 2003-04. For each proposed position reduction, the plan shall identify, by division, the position type and the appropriation account from which the position is currently funded. The plan may include the transfer of funds between appropriation accounts, or the reallocation of funds between expenditure categories within an appropriation account, or both, if the funds to be transferred or reallocated are to be used for salary expenses and are available as a result of cost savings realized from implementation by the department of increased operational efficiencies.

(b) By the date specified by the cochairpersons of the joint committee on finance for submission of requests for consideration at the 3rd quarterly meeting of the committee under section 13.10 of the statutes in the 2004-05 fiscal year, the department of transportation may submit a plan to the committee that contains the department's proposal for reallocating position reductions in the department, and associated funding adjustments, for fiscal year 2004-05. For each proposed position reduction, the plan shall identify, by division, the position type and the appropriation account from which the position is currently funded. The plan may include the transfer of funds between appropriation accounts, or the reallocation of funds between expenditure categories within an appropriation account, or both, if the funds to be transferred or reallocated are to be used for salary expenses and are available as a result of cost savings realized from implementation by the department of increased operational efficiencies. The plan shall include a total reduction, for the 2004-05 fiscal year, of 300.5 authorized FTE positions in the department by June 30, 2005.

(c) If the department of transportation submits any plan under this subsection and the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the submittal that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may not implement the plan until it is approved by the committee, as submitted or as modified.

(1z) Surplus land sale. The department of transportation shall sell sufficient surplus land, as defined in section 84.09 (8) (a) of the statutes, to deposit not less than $4,000,000 in each fiscal year of the 2003-05 biennium in the transportation fund from such sales.

(2p) Agency request relating to debt service for highway projects bonding. Notwithstanding section 16.42 (1) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the biennial budget act for the 2005-07 fiscal biennium, the department of transportation shall include a recommendation for statutory changes to section 20.395 (6) (aq) of the statutes to pay debt service on general obligation bonds authorized under sections 20.866 (2) (uur) and (uut) and 84.595 of the statutes, as created by this act.

(2x) State highway rehabilitation and major highway development supplement.

(a) No later than January 1, 2004, the department of transportation shall submit a report to the joint committee on finance that includes the following information:

1. The department's response to any recommendations included in the legislative audit bureau's performance audit of the state highway program.

2. The department's recommendations of steps that may be taken or legislation that could be considered that could reduce costs in the state highway program.

3. Information on current environmental requirements, highway improvements standards, and the degree of competitiveness in the construction industry, and how these factors contribute to the cost of highway projects.

4. The department's recommendation on whether additional positions should be provided in the division of transportation districts to replace the work done by engineering consultants to reduce project design costs.

5. The department's recommendation on how to allocate any cost savings produced by either process modifications or the addition of department of transportation staff back to the department's appropriations.