(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.
109,9159
Section 9159.
Nonstatutory provisions; other.
(3x) Suspension of payment of employer contributions for certain benefits provided to state employees.
(a) The definitions in section 20.001 of the statutes are applicable in this subsection, except that "state agency" does not include the department of employee trust funds or the investment board.
(b) Notwithstanding any requirement under section 40.05 (4) (br) and (by) of the statutes that state agencies pay certain contributions to the department of employee trust funds relating to accumulated unused sick leave credits and supplemental health insurance premium credits, state agencies shall not pay any employer contributions under section 40.05 (4) (br) and (by) of the statutes during the period that begins on July 1, 2002, and ends on June 30, 2003.
(c) The secretary of administration shall determine for each state agency the amount that the agency would have been required to expend under section 40.05 (4) (br) and (by) of the statutes during the period that begins on July 1, 2002, and ends on June 30, 2003, and from each appropriation from which the moneys would have been expended, other than appropriations of federal revenues.
(d) From each sum certain appropriation of general purpose revenue identified in paragraph (c), the secretary of administration shall lapse to the general fund the amount specified in paragraph (c) that would otherwise have been expended from each of the appropriations. The secretary shall make the lapse on the day on which the state agency would have been required to make the expenditure. After the secretary makes the lapse, each of the sum certain appropriations is decreased by the amount specified in paragraph (c) for that appropriation.
(dm) For each sum sufficient appropriation of general purpose revenue identified in paragraph (c) the expenditure estimate for the appropriation during the 2001-03 fiscal biennium is reestimated to subtract the amount specified in paragraph (c) for that appropriation.
(e) From each appropriation of program revenues or program revenues-service identified in paragraph (c), the secretary of administration shall lapse to the general fund the amount specified in paragraph (c) that would otherwise have been expended from each of the appropriations. The secretary shall make the lapse on the day on which the state agency would have been required to make the expenditure. After the secretary makes the lapse, each of the sum certain program revenues or program revenues-service appropriations is decreased by the amount specified in paragraph (c) for that appropriation.
(f) From each appropriation of segregated fund revenues or segregated fund revenues — service identified in paragraph (c), the secretary of administration shall lapse to the underlying fund the amount specified in paragraph (c) that would otherwise have been expended from each of the appropriations. The secretary shall make the lapse on the day on which the state agency would have been required to make the expenditure. After the secretary makes the lapse, each of the sum certain segregated revenues or segregated revenues — service appropriations is decreased by the amount specified in paragraph (c) for that appropriation and the expenditure estimate for each of the appropriations that are not sum certain appropriations is reestimated to subtract the amount specified in paragraph (c) for that appropriation. The secretary shall then transfer the lapsed amounts and an amount equal to the amount subtracted from the estimates to the general fund.
(4z) Voluntary employee furlough. Any chief administrative officer of a state agency, as defined in section 20.001 (1) of the statutes, may permit any employee of that agency, other than an employee who is an elected official or is nominated or appointed by the governor for a fixed term to his or her position, to take a voluntary unpaid leave of absence during the 2001-03 fiscal biennium for a period not to exceed 8 weeks. During any time in which an employee is on a leave of absence granted under this subsection, the chief administrative officer shall continue to make all required employer contributions for that employee, as well as any required employee contributions that the employer is required to make on behalf of that employee in accordance with a collective bargaining agreement under subchapter V of chapter 111 or section 230.12 of the statutes, for benefits provided under chapter 40 of the statutes, but not including any such contributions under section 40.05 (1) and (2) of the statutes. During the leave of absence, the employee's employment shall be considered not to have been interrupted for all purposes relating to wages, hours, and conditions of employment, except that the employee shall not be paid a salary nor accrue creditable service, as defined in section 40.02 (17) of the statutes, for purposes of the Wisconsin retirement system. The timing of any leave of absence granted under this subsection shall be at the discretion of the chief administrative officer. Notwithstanding section 111.91 (1) of the statutes, for employees who are included in a collective bargaining unit for which a representative is recognized or certified under subchapter V of chapter 111 of the statutes, this subsection shall apply except as otherwise provided in a collective bargaining agreement.
(5c) Prohibiting certain cost allocations and fee or assessment increases.
(a) In this subsection, "state agency" has the meaning given in section 20.001 (1) of the statutes.
(b) Before July 1, 2003, no state agency that has the authority to increase fees or assessments or allocate costs within the state agency or between one or more state agencies for the payment of goods or services may increase any fee or assessment or allocate costs if the fee or assessment is credited to, or the cost is charged against, a program revenue or segregated revenue appropriation from which moneys are lapsed or transferred under this act and the fee, assessment, or cost allocation is to replace the moneys required to be lapsed or transferred under this act, unless the state agency submits a plan for the increase or allocation to the joint committee on finance. If the cochairpersons of the committee do not notify the state
agency within 14 working days after the date on which the state agency submitted the plan that the committee intends to schedule a meeting to review the plan, the state agency may implement the plan. If, within 14 working days after the date on which the state agency submitted the plan, the cochairpersons of the committee notify the state agency that the committee intends to schedule a meeting to review the plan, the state agency may implement the plan only as approved by the committee.
(5t) Abolition of department of electronic government.
(a) Assets and liabilities. Except as provided in Section 9259 (9r) of this act, on the effective date of this paragraph, the assets and liabilities of the department of electronic government shall become assets and liabilities of the department of administration.
(b) Positions and employees.
1. On the effective date of this subdivision, all full-time equivalent positions in the department of electronic government, except the positions occupied by the secretary, the deputy secretary, the executive assistant, and 2 division administrator positions determined by the secretary of administration, are transferred to the department of administration.
2. All incumbent employees holding positions specified in subdivision 1. are transferred on the effective date of this subdivision to the department of administration.
3. Employees transferred under subdivision 2. have all of the rights and the same status under subch. V of ch. 111 and chapter 230 of the statutes in the department of administration that they enjoyed in the department of electronic government 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.
(c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of electronic government is transferred to the department of administration.
(d) Contracts. All contracts entered into by the department of electronic government that are in effect on the effective date of this paragraph 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.
(e) Rules and orders. All rules promulgated by the department of electronic government 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 department of electronic government 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.
(f) Pending matters. Any matter pending with the department of electronic government on the effective date of this paragraph is transferred to the department of administration, and all materials submitted to or actions taken by the department of electronic government with respect to the pending matter are considered as having been submitted to or taken by the department of administration.
(5z) Implementation of appropriation decreases.
(a) In this subsection, "department" has the meaning given for "executive branch agency" under section 16.70 (4) of the statutes.
(b) In implementing appropriation decreases made by or under this act for the 2002-03 fiscal year, each department shall ensure that any reduction of services provided by the department under each affected appropriation is equitably apportioned between residents of rural areas and residents of urban areas.
(c) Notwithstanding section 16.50 (1) of the statutes, the secretary of administration shall require each department to submit an expenditure estimate for any expenditure to be made from an appropriation that is decreased by or under this act for the 2002-03 fiscal year. Notwithstanding section 16.50 (2) of the statutes, the secretary shall disapprove any such estimate that provides for any reallocation of services provided by the department in contravention of the requirement under paragraph (b).
109,9201
Section 9201.
Appropriation changes; administration.
