(1c) Program evaluation and management audit of department of administration.
(a) The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a program evaluation and management audit of the department of administration to determine whether state government could function effectively without the department. If the audit is undertaken, the bureau is requested to include each of the following elements to the extent they are considered appropriate by the bureau:
1. A comparison of the functions and responsibilities of the department at the time that it was created and the current functions and responsibilities of the department.
2. A review of whether any administrative functions have been removed from the department since the time that it was created and whether the administrative functions that the department retains are significant enough to justify a separate department.
3. A comparison of the department's central administrative functions, efficiencies, and related budgetary impacts with the central administrative functions, efficiencies, and budgetary impacts associated with similar agencies in other states.
4. A comparison of the budgeted and per capita costs of the department at the time of its creation with the current budgeted and per capita costs of the department, together with the costs of any other agencies or subunits thereof to which original functions or responsibilities of the department have been transferred.
5. A review of the policy-making responsibilities that have been assigned to the department, including an assessment of whether such responsibilities could be more effectively administered by other state agencies.
6. An assessment of whether any functions or responsibilities of the department duplicate those of other state agencies and could therefore be reduced or eliminated.
7. A review of whether the efficiencies and cost savings intended by the legislature and governor when the department was created have been realized.
8. An assessment of whether there are any impediments to decentralizing those responsibilities and functions that are currently assigned to the department by assigning these functions and responsibilities to the office of the governor or to other state agencies.
9. A review of the costs charged by the department to other state agencies or to local governments and an assessment of whether the responsibilities and functions funded by these charges could be effectively undertaken by this state if the department did not exist.
(b) If the bureau undertakes the audit, the bureau is requested to submit a report of its findings and recommendations to the distributees specified in section 13.94 (1) (b) of the statutes no later than the first day of the 9th month beginning after the effective date of this paragraph.
(3q) Study of certain election administration services. The joint legislative council is requested to conduct a study of election administration services performed by municipalities and counties and prepare recommendations for the consolidation of those services. If the joint legislative council conducts the study and prepares the recommendations, it shall report its findings, conclusions, and recommendations, in the manner provided under section 13.172 (2) of the statutes, to the 2003 legislature when that legislature convenes.
(4v) Declaratory judgment. The legislature directs the attorney general to promptly commence an action seeking a declaratory judgment that the treatment of chapter 11 of the statutes by this act, including specifically the treatment of sections 11.01 (16) (a) 3., 11.06 (2), 11.12 (6) (am) and (c), 11.24 (1w), 11.26 (1) (intro.), (1m), (2) (a), (ae), (am), (as), and (av), (2m), (8), (8n), (8r), (9) (a), and (9m), 11.31 (3p), 11.50 (2s) (f) and (4) (bg) and (br), and 11.60 (3r) of the statutes are constitutional. The legislature directs the attorney general to petition for leave to commence the action as an original action before the Wisconsin supreme court. If such a petition is denied, the legislature directs the attorney general to commence the action in the circuit court for Dane County. If the attorney general fails to commence an action under this subsection by the 61st day following the effective date of this subsection, the joint committee on legislative organization shall, within 30 days thereafter, retain counsel for the purpose of commencing such an action.
109,9136
Section 9136.
Nonstatutory provisions; military affairs.
(1) Youth Challenge program. The authorized FTE positions for the department of military affairs are decreased by 17.2 GPR positions on July 1, 2002, and increased by 17.2 PR positions on July 1, 2002, to be funded from the appropriation under section 20.465 (4) (ka) of the statutes, as affected by this act, for the Youth Challenge program.
109,9137
Section 9137.
Nonstatutory provisions; natural resources.
(1q) Wheelchair Recycling Project. From the appropriation under section 20.370 (6) (bw), as created by this act, the department of natural resources shall provide funding to the Wheelchair Recycling Project, of the Madison Chapter of the National Spinal Cord Injury Association, to provide recycled wheelchairs and other medical equipment to individuals and programs in need and for costs of equipment, parts, maintenance, and distribution.
(1v) Council on forestry. Notwithstanding the length of term specified in section 15.347 (19) (c) of the statutes, as created in this act, of the members first appointed to the council on forestry under section 15.347 (19) (a) 6. to 19. of the statutes, as created by this act, the governor shall designate 4 members to serve for terms expiring on July 1, 2005, 3 members to serve for terms expiring on July 1, 2006, 4 members to serve for terms expiring on July 1, 2007, and 3 members to serve for terms expiring on July 1, 2008.
(1w) Animal health protection. The department of natural resources and the department of agriculture, trade and consumer protection shall enter into a contract for the purpose of enhancing the protection of the health of wild and domestic animals in this state. Under the contract, the department of natural resources may provide the department of agriculture, trade and consumer protection with $150,000 in fiscal year 2002-03 from the appropriation under section 20.370 (1) (mu) of the statutes, as affected by this act, for purposes related to animal health regulation, including improving its livestock farm location and livestock tracking databases and studying the implementation of an electronic system for certification of veterinary inspection.
(1x) Coaster brook trout study and reintroduction. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2003-2005 biennial budget bill, the department of natural resources shall submit information concerning the appropriation under section 20.370 (4) (mu) of the statutes as though the increase in the dollar amount of that appropriation by Section 9237 (27x) of this act had not been made.
(2fxq) Invasive species council staggered terms. Notwithstanding the length of term specified in section 15.347 (18) (b) 7. of the statutes, as created in this act, of the members first appointed to the invasive species council under section 15.347 (18) (b) 7. of the statutes, as created by this act, the governor shall designate 2 members to serve for terms expiring on July 1, 2007, 2 members to serve for terms expiring on July 1, 2008, and 3 members to serve for terms expiring on July 1, 2009.
(2x) Recreational boating aids, Fish, Mud, and Crystal lakes.
(a) From the appropriation under section 20.370 (5) (cq) of the statutes, and before applying the percentages under section 30.92 (4) (b) 6. of the statutes, the department of natural resources in fiscal year 2002-03 shall provide financial aid to Dane County for water-quality and lake-level improvements for Fish Lake and Mud Lake located in Dane County and for Crystal Lake located in both Dane County and Columbia County. The amount provided to Dane County under this paragraph shall equal the total amount contributed by local entities for the improvements or $200,000, whichever is less. Notwithstanding section 30.92 (4) (b) 7. of the statutes, the improvements specified under this paragraph qualify as a recreational boating project for the purpose of providing moneys under this paragraph. This improvement project need not be placed on the priority list under section 30.92 (3) (a) of the statutes.
(b) Contributions by local entities under paragraph (a) may be made by Dane County, Columbia County, the town of Roxbury in Dane County, the town of West Point in Columbia County, any public inland lake protection and rehabilitation district organized for Fish, Mud, and Crystal lakes, any other local governmental unit, as defined in section 66.0131 (1) (a) of the statutes, that seeks contributions for the improvements specified under paragraph (a), and any other organization that seeks such contributions.
109,9139
Section 9139.
Nonstatutory provisions; public defender board.
(1z) Hiring freeze exemption. Notwithstanding any action of the governor or the secretary of administration under section 16.505 (3) of the statutes during the 2001-03 fiscal biennium, the public defender board may fill any vacant position for trial or appellate representation that is authorized to the board under section 16.505 of the statutes during the 2001-03 fiscal biennium and for which funds have been appropriated.
109,9140
Section 9140.
Nonstatutory provisions; public instruction.
(2x) Home instruction program for preschool youngsters. To the extent permitted under federal law, in the 2002-03 fiscal year, the department of public instruction shall award a subgrant under
20 USC 6368 or other applicable federal programs of at least $250,000 to the home instruction program for preschool youngsters from the appropriation under section 20.255 (3) (ms) of the statutes.
(3q) Transfer of duties from the technology for educational achievement in Wisconsin board.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the functions of the technology for educational achievement in Wisconsin board, as determined by the secretary of administration, shall become the assets and liabilities of the department of public instruction.
(b) Position and employee transfers. All positions authorized for the technology for educational achievement in Wisconsin board on the day before the effective date of this paragraph, except for the position of executive director, are, on the effective date of this paragraph, transferred to the department of public instruction, and the incumbent employees in those positions are transferred on the effective date of this paragraph to the department of public instruction.
(c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of public instruction 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.
(cm) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to the functions of the technology for educational achievement in Wisconsin board, as determined by the secretary of administration, is transferred to the department of public instruction.
(d) Contracts. 1. 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 public instruction. The department of public instruction shall carry out any obligations under a transferred contract until the department of public instruction modifies or rescinds the contract.
2. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the functions of the technology for educational achievement in Wisconsin board, as determined by the secretary of administration, remain in effect and are transferred to the department of
public instruction. The department of public instruction shall carry out any obligations under a transferred contract until the department of public instruction 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 public instruction 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 public instruction 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 public instruction, 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 public instruction.
109,9141
Section 9141.
Nonstatutory provisions; public lands, board of commissioners of.
(2f) Establishment of loan program.
(a) In this subsection:
1. "Board" means the board of commissioners of public lands.
2. "Federal discretionary grant" has the meaning given by the board.
3. "Municipality" has the meaning given in section 24.60 (2) of the statutes.
4. "State discretionary grant" has the meaning given by the board.
(b) No later than 90 days after the effective date of this paragraph, the board shall establish a loan program to provide matching funds to a municipality for any state or federal discretionary grant that requires the municipality to provide matching funds as a condition of receiving the grant. The only municipalities that may participate in the loan program are municipalities eligible to receive such a loan under section 24.61 (3) of the statutes. No loan may be made under the loan program for any term exceeding 5 years and no loan may be extended for any period of time.
(c) No later than 30 days after establishing the loan program, but before implementing the loan program, the board shall submit a report to the governor, the secretary of administration, and the joint committee on finance on the proposed structure and operation of the loan program.
109,9142
Section 9142.
Nonstatutory provisions; public service commission.
(1v) Energy conservation.
(a) In this subsection:
1. "Commission" means the public service commission.
2. "Utility" has the meaning given in section 196.374 (1) (c) of the statutes.
(b) Notwithstanding the requirement under section 196.374 (3) of the statutes for a utility to make specified contributions to the commission in a fiscal year of the amounts determined by the commission under section 196.374 (2) of the statutes, the commission may allow a utility to retain, until December 31, 2004, a portion of the amounts determined by the commission under section 196.374 (2) (b), (c), and (d) of the statutes, instead of contributing the portion to the commission, if the commission determines that the portion is attributable to energy conservation programs for industrial, commercial, and agricultural customers in the utility's service area. If the commission allows a utility to retain a portion under this paragraph, the utility must contribute 1.75% of the portion to the commission for research and development for energy conservation and efficiency and must contribute 4.5% of the portion to the commission for renewable resource programs.
(1x) Hiring freeze exemption. Notwithstanding any action of the governor or the secretary of administration under section 16.505 (3) of the statutes before the effective date of this subsection, the public service commission may fill 3.0 FTE PR positions that are vacant on the effective date of this subsection, that are related to the performance of environmental analyses and engineering reviews, that are authorized to the commission under section 16.505 of the statutes, and that are funded from the appropriation under section 20.155 (1) (g) of the statutes. If the public service commission does not fill the positions by the first day of the 6th month beginning after the effective date of this subsection, the commission shall, no later than the first day of the 7th month beginning after the effective date of this subsection, submit a report to the joint committee on finance of the legislature that explains the reasons for not filling the positions.
109,9144
Section 9144.
Nonstatutory provisions; revenue.
(1)
Adoption of federal income tax law changes. Changes to the Internal Revenue Code made by P.L.
106-554, excluding sections 162 and 165 of P.L.
106-554, apply to the definitions of the "Internal Revenue Code" in chapter 71 of the statutes at the time that those changes apply for federal income tax purposes.
(1m) Penalty for converting agricultural land. Notwithstanding section 70.32 (2s) (c) of the statutes, as created by this act, and section 74.485 of the statutes, as created by this act, land assessed as agricultural land for the property tax assessments as of January 1, 2002, that may no longer be assessed as agricultural land for the property tax assessments as of January 1, 2003, because the land is not used as a farm, as defined under section
70.32 (2s) (a) 2. of the statutes, is not subject to the penalty under section 74.485 of the statutes with regard to the property tax assessments as of January 1, 2002, and January 1, 2003.
(1vv) Alcohol and tobacco enforcement agents. The department of revenue shall retain 13 agents in the department's alcohol and tobacco enforcement section at least until July 1, 2003.
(1vw) Large-case field auditors. The department of revenue shall retain 10 large-case field auditors in New York at least until July 1, 2003.
109,9151
Section 9151.
Nonstatutory provisions; tourism.
(1x) Heritage tourism program coordinator. The authorized FTE positions for the department of tourism, funded from the appropriation under section 20.380 (1) (kg) of the statutes, are decreased by 1.0 PR heritage tourism program coordinator position.
109,9152
Section 9152.
Nonstatutory provisions; transportation.
(1) Report on lapsing moneys to the transportation fund.
(a) During fiscal year 2001-02, the department of transportation shall submit a report to the department of administration for the lapsing of $4,333,600 in fiscal year 2001-02 from segregated revenue appropriations to the department of transportation for state operations from the transportation fund. With respect to the proposed lapse, the report shall specify applicable appropriation accounts, the amount of the proposed lapse from each appropriation account, and anticipated actions by the department of transportation. The department of transportation shall avoid adverse impacts on activities related to highway planning and programming, design, and construction.
(b) No later than December 31, 2002, the department of transportation shall submit a report to the department of administration for the lapsing of $6,190,900 in fiscal year 2002-03 from segregated revenue appropriations to the department of transportation for state operations from the transportation fund. With respect to the proposed lapse, the report shall specify applicable appropriation accounts, the amount of the proposed lapse from each appropriation account, and anticipated actions by the department of transportation. The department of transportation shall avoid adverse impacts on activities related to highway planning and programming, design, and construction.
(2f)
Improvements to USH 51 in city of Madison. Notwithstanding section 85.07 of the statutes, during the 2001-03 fiscal biennium, the department of transportation shall expend funds not to exceed $300,000 from federal funds available under
23 USC 152 for a highway improvement project on USH 51 at the intersection of Rieder Road in the city of Madison in Dane County, if the project is consistent with the requirements of
23 USC 152 and regulations promulgated under
23 USC 152. The
project shall include reconstruction of the southbound lanes of USH 51 at Rieder Road to incorporate a divided deceleration and turn lane on USH 51 for southbound traffic turning east onto Rieder Road from USH 51 and a divided acceleration lane on USH 51 for traffic traveling west on Rieder Road turning south onto USH 51. The project shall also include installation of any traffic control signals necessary to allow traffic traveling west on Rieder Road to turn onto southbound USH 51 without requiring southbound traffic on USH 51 to stop.
(4q) Request on southeast Wisconsin freeway rehabilitation. By the date specified by the cochairpersons of the joint committee on finance for the submission of requests for consideration at the next quarterly meeting of the committee occurring after the effective date of this subsection, the department of transportation shall submit a request for the transfer of moneys from the appropriations under section 20.395 (3) (cq), (cv), and (cx) of the statutes, as affected by this act, to the appropriations under section 20.395 (3) (cr), (cw), and (cy) of the statutes to allocate funds for rehabilitation of the southeast Wisconsin freeways. The department's request, and the committee's action on the request, may not include funding now allocated for projects in other parts of the state or other funding that is not currently allocated to rehabilitation of southeast Wisconsin freeways.
109,9153
Section 9153.
Nonstatutory provisions; treasurer.
(1k) Grandfather provision; unclaimed gift certificates. The treatment of sections 177.01 (10) (a) 2. and 177.14 of the statutes does not apply to any property paid or delivered to the state treasurer under section 177.17 (4) (a) 2. of the statutes or section 177.19 (1), 1999 stats., before the effective date of this subsection.
109,9156
Section 9156.
Nonstatutory provisions; University of Wisconsin System.
(1) Tuition-increase restrictions. Notwithstanding section 36.27 (1) (a) and (am) 1. to 5. of the statutes, the board of regents of the University of Wisconsin System may not increase the average of academic fees charged an undergraduate student in the 2002-03 academic year compared to the average academic fees charged an undergraduate student in the 2001-02 academic year by more than 8% unless the board obtains the approval of the joint committee on finance under section 13.10 of the statutes and the approval of the secretary of administration. The board of regents shall determine average academic fees under this subsection on a full-time equivalent basis. The board may not increase differential tuition under section 36.27 (1) (am) 6. of the statutes for the 2002-03 academic year to offset decreases in the appropriations under section 20.285 (1) (a) and (3) (a) of the statutes.
(1q) Order of state employee layoffs.
(a) In this subsection, "state agency" has the meaning given in section 16.375 (1) of the statutes, but does not include the board of regents of the University of Wisconsin System.
(b) If a state agency is required to lay off any of its employees as a result of any appropriation reduction required under this act, no employee of the state agency who is in the classified service of the state civil service system may be laid off until all employees of the state agency who are in the unclassified service of the state civil service system are laid off other than the chief administrative officer of the state agency.
(2z) Cogeneration facility.
(f) In this subsection:
1. "Board" means the board of regents of the University of Wisconsin System.
2. "Department" means the department of administration.
3. "Public utility" means the public utility that provides electric service to the University of Wisconsin-Madison or an affiliate of that public utility.
(g) To further the energy conservation and efficiency goals of section 1.12 (5) of the statutes and to meet the needs of the University of Wisconsin System for electric, steam, and chilled-water services in a cost-effective and technically feasible manner, the board and department shall negotiate an agreement with the public utility for the public utility to construct a centralized cogeneration facility with a nominal output of 150 megawatts at the campus of the University of Wisconsin-Madison for the purpose of providing
, no later than July 1, 2004, electric, steam, and chilled-water services. This paragraph does not affect the authority of the public service commission under chapter 196 of the statutes with respect to such a facility.
(3q) Child-parent center demonstration project increase. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2003-05 biennial budget bill, the board of regents of the University of Wisconsin System shall submit information concerning the appropriation under section 20.285 (1) (a) of the statutes as though the increase in the dollar amount of that appropriation by Section 9256 (3q) of this act had not been made.
(5m) Consolidation of state vehicle fleet maintenance operations.
(a) On the effective date of this paragraph, the assets and liabilities of the board of regents of the University of Wisconsin System that are primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison, as determined by the secretary of administration, shall become assets and liabilities of the department of administration.
(b) On the effective date of this paragraph, all tangible personal property, including records, of the board of regents of the University of Wisconsin System that is primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison, as determined by the secretary of administration, is transferred to the department of administration.
(c) All contracts entered into by the board of regents of the University of Wisconsin System in effect on the effective date of this paragraph that are primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison, as determined by the secretary of administration, are transferred to the department of administration. The department of administration shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.
(d) All rules promulgated by the board of regents of the University of Wisconsin System that are primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of administration. All orders issued by the board of regents of the University of Wisconsin System that are primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.
(e) Any matter pending with the board of regents of the University of Wisconsin System that is primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison on the effective date of this paragraph is transferred to the department of administration, and all materials submitted to or actions taken by the board of regents of the University of Wisconsin System with respect to the pending matter are considered as having been submitted to or taken by the department of administration.
(f) Notwithstanding section 16.42 of the statutes, the board of regents of the University of Wisconsin System shall submit information under section 16.42 of the statutes for purposes of the 2003-05 biennial budget bill reflecting any savings incurred by the board of regents from consolidation of vehicle fleet maintenance functions under this subsection.
(g) The board of regents of the University of Wisconsin System shall fully cooperate with the department of administration in implementing this subsection.
