Wisconsin Legislature: 109,9101

109,9101 Section 9101. Nonstatutory provisions; administration.

(1) Commission on local government.

(a) There is created a special committee to be called the commission on local government, which shall consist of members appointed by the governor.

(b) The governor shall appoint or determine the method of appointment of the officers of the commission and shall call the first meeting of the commission.

(d) The department of administration shall reimburse members of the commission for their actual and necessary expenses incurred in carrying out their functions from the appropriation under section 20.505 (4) (ba) of the statutes, within the budget of the committee authorized under section 16.40 (14) of the statutes.

(e) The commission shall:

1. Examine the organization, authority, and efficiency of local governments, the services provided by each type of local government, and the services required of local governments by the state.

2. Review the relationship of local governments with the state, examine spending by local governments, and identify ways to increase efficiency in the delivery of local governmental services.

(f) No later than February 1, 2003, the commission shall report its findings and recommendations to the governor, and to the legislature in the manner provided in section 13.172 (2) of the statutes. Upon submittal of its report, the commission ceases to exist.

(2) Sentencing commission; initial terms. Notwithstanding section 15.105 (27) (c) 1. of the statutes, as created by this act, the initial members of the sentencing commission shall be appointed for the following terms:

(a) Two members appointed under section 15.105 (27) (a) 3. of the statutes, as created by this act, one of whom is not employed by any unit of federal, state, or local government, one circuit judge, and one prosecutor, for terms expiring on January 1, 2004.

(b) Three members appointed under section 15.105 (27) (a) 3. of the statutes, as created by this act, one of whom is not employed by any unit of federal, state, or local government, and one circuit judge, for terms expiring on January 1, 2005.

(c) Two members appointed under section 15.105 (27) (a) 3. of the statutes, as created by this act, one representative of crime victims, and one attorney in private practice, for terms expiring on January 1, 2006.

(3) Position authorization. There is authorized for the sentencing commission 1.0 FTE GPR executive director position, 1.0 FTE GPR deputy director position, and 4.0 FTE GPR other positions to be funded from the appropriation under section 20.505 (4) (dr) of the statutes, as created by this act.

(4) Criminal penalties study committee. Until the members of the sentencing commission created under section 973.30 of the statutes, as created by this act, are appointed, the criminal penalties study committee shall provide information to lawyers, judges, the legislature, and the public regarding changes made in the substance and structure of criminal penalties to be imposed under this act.

(6e) Lapses from certain appropriations from which membership dues in national, state, and local nongovernmental organizations are paid.

(a) In this subsection:

1. "Secretary" means the secretary of administration.

2. "State agency" has the meaning given in section 20.001 (1) of the statutes.

(b) The secretary shall determine for each state agency the amount expended by the state agency for membership dues for any national, state, or local nongovernmental organization in the 2000-01 fiscal year that was funded from general purpose revenue and the appropriation from which the dues were paid .

(c) From each sum certain appropriation of general purpose revenue identified in paragraph (b), the secretary shall lapse to the general fund in the 2002-03 fiscal year an amount that equals 20% of the amount specified in paragraph (b) for that appropriation. After the secretary makes the lapse, each of the sum certain appropriations is decreased by the amount of the lapse.

(d) For each sum sufficient appropriation of general purpose revenue identified in paragraph (b), the expenditure estimate for the appropriation during the 2002-03 fiscal year is reestimated to subtract an amount that equals 20% of the amount specified in paragraph (b) for that appropriation .

(6v) Reallocation of certain appropriation reductions.

(a) In this subsection, "state operations" means any purpose other than aids to individuals and organizations.

(b) The secretary of administration may submit a request to the cochairpersons of the joint committee on finance to reallocate any portion of the appropriation reduction under Section 9201 (4v) of this act to one or more other appropriations to the department of administration for state operations made from general purpose revenue. If the committee approves such a request, the amounts in the schedule for the affected appropriations are adjusted to reflect the the approved reallocation.

(6z) Housing grants and loans funding decrease. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 2003-05 biennial budget bill, the department of administration shall submit information concerning the appropriation under section 20.505 (7) (b) of the statutes as though the decreases in that appropriation by Section 9201 (1) of this act had not been made.

(7) Elimination of certain unfunded state agency positions.

(a) In this subsection:

1. "Secretary" means the secretary of administration.

2. "State agency" has the meaning given in section 20.001 (1) of the statutes.

(b) No later than September 30, 2002, the secretary shall determine the number of positions in each state agency that were not funded as a result of any reduction in state agency operations appropriations under 2001 Wisconsin Act 16 for the 2001-03 fiscal biennium and any reduction in such appropriations required under this act.

(c) After making the determination under paragraph (b), the secretary shall notify the joint committee on finance in writing of the determination. If the cochairpersons of the committee do not notify the secretary within 14 working days after the date of the secretary's notification that the committee has scheduled a meeting to review the determination, the secretary shall reduce each state agency's authorized positions for the 2002-03 fiscal year by the number of unfunded positions for that state agency as determined under paragraph (b). If, within 14 working days after the date of the secretary's notification, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting to review the determination, the secretary may make the reductions in the authorized positions only upon approval of the committee.

(7q) Sale of certain state-owned aircraft. In addition to the aircraft that are directed to be sold under 2001 Wisconsin Act 16, section 9101 (20j), the department of administration shall, no later than June 30, 2003, offer for sale 21 aircraft selected by the department that are owned by the state on the effective date of this subsection. The department of administration shall credit the proceeds of any sales to offset any liabilities created for the aircraft under section 20.903 (2) (b) of the statutes. The department of administration shall deposit any remaining proceeds of the sales in the general fund as general purpose revenue — earned.

(8w) Tuition appropriation expenditure estimate increase. When amending the schedule under section 20.004 (2) of the statutes, in addition to making any other reduction required by law, the department of administration shall increase the estimated expenditure amount that appears in the schedule for the appropriation account under section 20.285 (1) (im) of the statutes by $6,700,000 to reflect additional academic fees and tuition that may be received under section 36.27 (1) (cm) of the statutes, as created by this act.

(8y) Funding for length-of-service payments. Notwithstanding section 20.928 (1) of the statutes, during the 2001-03 fiscal biennium, no state agency, as defined in section 20.001 (1) of the statutes, may include in any certification to the department of administration under section 20.928 (1) of the statutes, and the department of administration may not include in any determination forwarded to the joint committee on finance under section 20.928 (2m) of the statutes, any sum to pay the cost of a length-of-service payment for classified employees.

(8z) Printed publications.

(a) In this subsection:

1. "Department" has the meaning given for "executive branch agency" in section 16.70 (4) of the statutes.

2. "Federal revenues" has the meaning given in section 20.001 (2) (e) of the statutes.

3. "General purpose revenues" has the meaning given in section 20.001 (2) (a) of the statutes.

4. "Program revenues" has the meaning given in section 20.001 (2) (b) or (c) of the statutes.

5. "Segregated fund revenues" has the meaning given in section 20.001 (2) (d) or (da) of the statutes.

(b) Notwithstanding section 16.50 (1) of the statutes, the secretary of administration shall require submission of an expenditure estimate under section 16.50 (2) of the statutes for each department that proposes to expend moneys that are not encumbered on the effective date of this paragraph from any revenue source other than federal revenues for printing of any publication during the 2001-03 fiscal biennium that is not required to be printed by the constitution or by law. Notwithstanding section 16.50 (2) of the statutes, the secretary shall disapprove any such estimate for printing of a publication unless the secretary finds that printing of the publication is essential.

(c) The secretary of administration shall, during the fiscal year for which an expenditure estimate is submitted under paragraph (b), lapse to the general fund the amount of any estimate disapproved under paragraph (b) for expenditure of moneys that are appropriated from any appropriation, other than a sum sufficient appropriation, made from general purpose revenues. The secretary shall, during the fiscal year for which an expenditure estimate is submitted under paragraph (b), transfer to the general fund the amount of any estimate disapproved under paragraph (b) for the expenditure of moneys that are appropriated from any appropriation, other than a sum sufficient appropriation, made from program revenues or segregated fund revenues. The secretary shall reestimate to subtract from the expenditure estimate published in the acts of 2001 under section 20.005 (3) of the statutes the amount of any estimate disapproved under paragraph (b) for expenditure of moneys that are appropriated from any sum sufficient appropriation. The secretary shall include any reestimate under this paragraph in his or her submission under section 20.004 (2) of the statutes.

(d) If the secretary of administration disapproves an expenditure estimate for the printing of any publication under paragraph (b), the department submitting the estimate shall post the content of the publication that would have been printed on the Internet.

(e) The secretary of administration shall submit a report to the cochairpersons of the joint committee on finance no later than July 1, 2002, identifying the amount and sources of any savings achieved as a result of implementation of this subsection.

(9b) Sale or lease of state surplus property.

(a) In this subsection:

1. "State agency" has the meaning given in section 20.001 (1) of the statutes.

2. "State property" means land and improvements thereto that are owned by this state.

3. "Surplus property" means state property under the jurisdiction of the building commission or any other state agency that is not used or needed to carry out the program responsibilities of a state agency and is not included in the plan of a state agency for construction or development.

(b) The department of administration shall compile an inventory of surplus property that has the potential to be sold or leased by the state no later than March 15, 2003.

(c) No later than October 1, 2003, the department of administration shall submit to the cochairpersons of the joint committee on finance a report containing a list of surplus property that the department recommends be offered for sale or lease. In the report, the department shall specify, for each property listed, whether a sale or lease is recommended. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or lease of a particular surplus property that is included in the report, the department shall direct the building commission to proceed with the sale or lease. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or lease of a particular surplus property, the department and the building commission shall not proceed with the proposed sale or lease unless the sale or lease is approved by the committee.

109,9104 Section 9104. Nonstatutory provisions; agriculture, trade and consumer protection.

(4xv) Transfer of consumer protection functions.

(a) Assets and liabilities. All assets and liabilities of the department of agriculture, trade and consumer protection that are primarily related to programs or functions transferred to the department of justice under this act shall become the assets and liabilities of the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall decide the question. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

(b) Employee transfers. In the department of agriculture, trade and consumer protection 21.0 FTE positions that are primarily related to programs or functions that are transferred to the department of justice under this act, and the incumbents holding these positions are transferred to the department of justice. The secretary of administration shall determine which incumbents will be transferred. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

(c) Employee status. Employees transferred under paragraph (b) have all the rights and same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of justice that they enjoyed in the department of agriculture, trade and consumer protection immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

(d) Supplies and equipment. All tangible personal property, including records, of the department of agriculture, trade and consumer protection that are primarily related to programs or functions that are transferred to the department of justice under this act are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall decide the question. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

(e) Pending matters. Any matter pending with the department of agriculture, trade and consumer protection that is primarily related to a program or function that is transferred to the department of justice under this act is transferred to the department of justice. All materials submitted or actions taken by the department of agriculture, trade and consumer protection with respect to the pending matter are considered as having been submitted to or taken by the department of justice.

(f) Contracts. All contracts entered into by the department of agriculture, trade and consumer protection or the department of justice that are primarily related to programs or functions transferred to the department of justice under this act, and that are in effect on the effective date of this paragraph, remain in effect and those contracts entered into by the department of agriculture, trade and consumer protection are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify these contracts and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall decide the question. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision. The department of justice shall carry out the obligations under these contracts until the obligations are modified or rescinded by the department of justice to the extent allowed under the contract.

(g) Rules and orders. All rules promulgated by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to programs or functions that are transferred to the department of justice under this act remain in effect until their specified expiration date or until amended or repealed by the department of justice. All orders issued by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to programs or functions transferred to the department of justice under this act remain in effect until their specified expiration date or until modified or rescinded by the department of justice.

(h) Decrease in positions. The authorized FTE positions for the department of agriculture, trade and consumer protection, funded from the appropriation under section 20.115 (8) (jm), 1999 stats., are decreased by 5.5 PR positions.

109,9105 Section 9105. Nonstatutory provisions; arts board.

(1c) Milwaukee Art Museum. The arts board shall spend the amount in the appropriation account under section 20.215 (1) (cm) of the statutes, as created by this act, for the Leonardo da Vinci and the Splendor of Poland art exhibitions at the Milwaukee Art Museum.

109,9107 Section 9107. Nonstatutory provisions; building commission.

(1) Proceeds from the sale of certain state office buildings.

(a) Notwithstanding section 13.48 (14) (c) of the statutes, if the building commission sells any or all of the state office buildings located at 123 West Washington Avenue, 121 East Wilson Street, and 149 East Wilson Street in the city of Madison, the commission shall deposit any net proceeds from the sale, after depositing any amount required to be deposited into the bond security and redemption fund, into the general fund.

(b) If the building commission sells any state office building specified in paragraph (a) during the period beginning on July 1, 2001, and ending on the day before the effective date of this paragraph, and any portion of the proceeds of that sale is transferred to the appropriation account under section 20.865 (4) (a) of the statutes, the lesser of the amount transferred or any unencumbered balance in that account is transferred on the effective date of this paragraph from the appropriation account under section 20.865 (4) (a) of the statutes to the general fund.

(1b) Sale or lease of state surplus property. Notwithstanding section 13.48 (14) (am) of the statutes, the building commission shall offer for sale or lease the surplus property authorized under Section 9101 (9b) of this act in accordance with section 13.48 (14) (b) of the statutes. Notwithstanding section 13.48 (14) (c) of the statutes, the commission shall deposit any net proceeds from sales or leases of those properties, after depositing any amount required to be deposited into the bond security and redemption fund, into the budget stabilization fund. Section 13.48 (14) (d) of the statutes does not apply to that property.

109,9109 Section 9109. Nonstatutory provisions; circuit courts.

(1z) Relative placement permanency plans.

(a) Notwithstanding sections 48.38 (3) and 938.38 (3) of the statutes, for children or juveniles who are living in the home of a relative, as defined in section 48.02 (15) or 938.02 (15) of the statutes, under the supervision of an agency under section 48.64 (2) of the statutes, under a consent decree under section 48.32 or 938.32 of the statutes, or under an order under section 48.355 or 938.355 of the statutes on the day before the effective date of this paragraph, the agency assigned primary responsibility for providing services to those children or juveniles shall file a permanency plan with that court with respect to not less than 33% of those children or juveniles by September 1, 2002, with respect to not less than 67% of those children or juveniles by November 1, 2002, and with respect to all of those children or juveniles by January 1, 2003, giving priority to those children or juveniles who have been living in the home of a relative for the longest period of time.

(b) The agency shall request the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes, as affected by this act, to make a finding under section 48.363 or 938.363 of the statutes that reasonable efforts have been made to prevent the removal of the child or juvenile from the home or that those efforts are not required to be made because a circumstance specified in section 48.355 (2d) (b) 1. to 5. of the statutes, as affected by this act, or section 938.355 (2d) (b) 1. to 4. of the statutes, as affected by this act, applies, not more than 60 days after the date on which the permanency plan is filed.

(c) Notwithstanding section 48.38 (5) (a) of the statutes, as affected by this act, section 48.38 (5m) of the statutes, as created by this act, section 938.38 (5) (a) of the statutes, as affected by this act, and section 938.38 (5m) of the statutes, as created by this act, a permanency plan filed under this subsection shall be reviewed within 6 months after the date on which the permanency plan is filed and a permanency plan hearing shall be had to review a permanency plan filed under this subsection within 12 months after the date on which the permanency plan is filed.

109,9110 Section 9110. Nonstatutory provisions; commerce.

(1c) Grant to Forward Wisconsin, Inc., for study and proposal on brand image. From the appropriation under section 20.143 (1) (bp) of the statutes, as created by this act, the department of commerce shall provide a grant of $50,000 in fiscal year 2002-03 to Forward Wisconsin, Inc., to contract for a study and the creation of a proposal for a national brand image for the state related to technology and biotechnology. The department of commerce shall enter into an agreement with Forward Wisconsin, Inc., that specifies the uses for the grant proceeds under this subsection and reporting and auditing requirements. No later than December 31, 2003, the department of commerce shall submit to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes a report that includes the results of the study and the conclusions and recommendations of Forward Wisconsin, Inc., with respect to a proposal for a national brand image for the state.

(1v) Proposal for rural finance authority. The department of commerce shall work with the department of administration, the department of agriculture, trade and consumer protection, and the Wisconsin Housing and Economic Development Authority to develop a proposal, to be included in the department of commerce's budget request that is submitted to the department of administration, for the 2003-05 biennium for the creation of a rural finance authority. In developing the proposal, the departments and the authority shall do all of the following:

(a) Consider proposing that the rural finance authority be created to offer low-interest loans to agricultural producers in this state.

(b) Include a governing board to head the authority and consider the feasibility of an 11-member board consisting of 3 agricultural producers; 3 commercial bankers; 2 other members appointed by the governor; the secretary of commerce and the secretary of agriculture, trade and consumer protection or their designees; and the executive director of the Wisconsin Housing and Economic Development Authority or his or her designee.

(c) Consider including programs such as farm purchase assistance loans, including seller assisted loans; beginning farmer loans for the purchase of animals, machinery, and real estate; an agricultural improvement program to finance physical improvements of farm operations; a livestock modernization program; and a program to finance purchases by agricultural producers of stock in cooperatives that engage in agricultural processing.

(d) Consider transferring agricultural programs administered by the Wisconsin Housing and Economic Development Authority to the rural finance authority.

(1z) Division of international and export services. The authorized FTE positions for the department of commerce are increased by 2.5 PR positions on July 1, 2002, or on the day after publication, whichever is later, to be funded from the appropriation under section 20.143 (1) (g) of the statutes, for the division of international and export services.

109,9111 Section 9111. Nonstatutory provisions; corrections.

(2) Emergency rules regarding fees from persons on probation, parole, or extended supervision. Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate the rules that are required under section 304.074 (5) of the statutes and that set rates under section 304.074 (2) of the statutes. The rules shall take effect on July 1, 2002, but may not remain effective for longer than the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 304.074 (2) of the statutes, the rules shall require the department to have a goal of receiving at least $2 per day, if appropriate, from each person who is on probation, parole, or extended supervision and who is not under administrative supervision, as defined in section 304.74 (1) (a) of the statutes, or minimum supervision, as defined in section 304.74 (1) (b) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

(3) Emergency rules regarding prisoner copayments for medical and dental care. Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate the rules that are required under section 302.386 (4) (a) of the statutes relating to the deductible, coinsurance, copayment, or similar charge that must be imposed under section 302.386 (3) (b) of the statutes. The rules shall take effect on July 1, 2002, but may not remain effective for longer than the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 302.386 (3) (b) of the statutes, the rules shall require the department to require that, subject to the exception and waiver provisions under section 302.386 (3) (c) of the statutes, each person to whom section 302.386 (1) of the statutes applies pay a deductible, coinsurance, copayment, or similar charge of at least $7.50 for each request that the person makes for medical or dental services. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

(4q) Supermax conversion. The department of corrections, in cooperation with the department of administration, shall conduct a study of the conversion of the correctional institution established under section 301.16 (1n) of the statutes from a supermax-level security institution to an institution with supermax-level security beds and maximum security beds. The study shall include a discussion of the operational costs for the redesigned institution. The department of corrections shall report its findings, conclusions, and recommendations to the building commission for potential inclusion in the commission's biennial budget recommendations under section 13.48 (7) of the statutes for 2003.