(11) Position authorization. The authorized FTE positions for the department of administration are increased by 1.0 PR position for the performance of duties primarily related to printing services in the division of information technology services.
(12) Transfer of capacity building grant program.
(a) 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 capacity building grant program, as determined by the secretary of administration, is transferred to the technical college system board.
(b) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the capacity building grant program, as determined by the secretary of administration, remain in effect and are transferred to the technical college system board. The technical college system board shall carry out any obligations under such a contract until the contract is modified or rescinded by the technical college system board to the extent allowed under the contract.
(c) Rules. All rules promulgated by the department of administration that are primarily related to the capacity building grant program, as determined by the secretary of administration, and 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on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the technical college system board.
(d) Pending matters. Any matter pending with the department of administration on the effective date of this paragraph that is primarily related to the capacity building grant program, as determined by the secretary of administration, is transferred to the technical college system board and all materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the technical college system board.
(13) Misdemeanor offender diversion program. The secretary of administration may allocate up to $1,218,100 in fiscal year 2002-03 from the appropriation accounts under section 20.505 (6) (kt) of the statutes and under section 20.505 (6) (m) of the statutes, as affected by this act, for distribution to the public defender board, the director of state courts, and the Wisconsin District Attorneys Association to fund activities to divert misdemeanor offenders from imprisonment. The money allocated under this subsection may not be expended unless the secretary of administration approves a proposal for a misdemeanor diversion program submitted to the secretary by the public defender board; the secretary submits the proposal to the joint committee on finance; and the cochairpersons of the joint committee on finance do not notify the secretary within 14 working days after the date of his or her submittal that the committee has scheduled a meeting for the purpose of reviewing the proposal, or if, within 14 working days after the date of the secretary's submittal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposal, and the committee meets and approves a proposal for the expenditure of money allocated under this subsection.
(14) Electronic procurement and commerce activities. The department of administration shall report to the governor and the cochairpersons of the joint committee on finance concerning the status of the electronic procurement and commerce activities of the department. The department shall include in the report an assessment of the costs and benefits of those activities for the 2002-03 fiscal year and an assessment of the effectiveness of state executive branch agencies in increasing the volume of those activities.
(15) Transfer of information technology and telecommunications functions.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration that are primarily related to its information technology or telecommunications functions, except educational technology functions, as determined by the secretary of administration, shall become assets and liabilities of the department of electronic government, as created by this act.
(b) Positions and employees.
1. On the effective date of this subdivision, all full-time equivalent positions in the department of administration having duties that are primarily related to its information technology or telecommunications functions, except educational technology functions, as determined by the secretary of administration, are transferred to the department of electronic government, as created by this act.
2. All incumbent employees holding positions specified in subdivision 1. are transferred on the effective date of this subdivision to the department of electronic government, as created by this act.
3. Employees transferred under subdivision 2. have all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of electronic government, as created by this act, that they enjoyed in the department of administration 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 administration that is primarily related to its information technology or telecommunications functions, except educational technology functions, as determined by the secretary of administration, is transferred to the department of electronic government, as created by this act.
(d) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to its information technology or telecommunications functions, except educational technology functions, as determined by the secretary of administration, are transferred to the department of electronic government, as created by this act. The department of electronic government shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the department of electronic government to the extent allowed under the contract.
(e) Rules and orders. All rules promulgated by the department of administration that are primarily related to its information technology or telecommunications functions, except educational technology functions, 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 electronic government, as created by this act. All orders issued by the department of administration that are primarily related to its information technology or telecommunications functions, except educational technology functions, 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 electronic government, as created by this act.
(f) Pending matters. Any matter pending with the department of administration that is primarily related to its information technology or telecommunications functions, except educational technology functions, on the effective date of this paragraph is transferred to the department of electronic government, as created by this act, and all materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the department of electronic government, as created by this act.
(19b) Initial release of land information. The department of administration shall make initial information received from state agencies under section 16.967 (6) of the statutes, as affected by this act, available in the format provided under that subsection no later than May 31, 2002.
(19r) Purchasing card rebates.
(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 the amount of rebates that were received by the state from purchasing card issuers for purchases made by state agencies with purchasing cards and that were credited, before the effective date of this paragraph, to the appropriation account under section 20.505 (1) (ka) of the statutes. In making this determination, the secretary shall also identify the appropriation accounts from which the purchases were made and on which the rebates were based.
(c) During fiscal year 2001-02, from the appropriation account under section 20.505 (1) (ka) of the statutes, the secretary shall lapse that part of the amount determined under paragraph (b) to the general fund that is based on purchases made from appropriations from the general fund and shall transfer that part of the amount determined under paragraph (b) to the appropriate segregated fund that is based on purchases made from appropriations from that segregated fund.
(20j) Sale of certain state-owned aircraft. The department of administration shall sell 2 aircraft selected by the department that are owned by the state on the effective date of this subsection. The department of administration shall deposit the proceeds of the sales in the general fund as general purpose revenue-earned.
(20x) Lease of electronic voting equipment. The department of administration shall enter into a master lease under section 16.76 (4) of the statutes on behalf of the elections board to obtain sufficient electronic voting system equipment suitable for use with an electronic voting system in municipalities that employed a punch card
electronic voting system at the 2001 spring election and that are required under this act to eliminate that system in future elections.
(20z) Revision of enumerated projects in authorized state building program. At the 2nd quarterly meeting of the joint committee on finance under section 13.10 of the statutes in the 2001-02 fiscal year, the department of administration shall provide to the committee the recommendations of the building commission to revise the 2001-03 authorized state building program under Section 9107 (1) of this act to reflect the amounts of the bonding authorizations provided under this act. The committee shall introduce appropriate legislation required to implement any revisions approved by the committee.
(21g) Study on the state payment of tuition. The department of administration shall study the development and implementation of a tuition grant program that would pay the cost of 2 years of postsecondary education. The department shall ensure that representatives of all of the following agencies are included on the study team: the higher educational aids board, the department of public instruction, the board of regents of the University of Wisconsin System, the state technical college system board, and the department of workforce development. By July 1, 2002, the department of administration shall submit the results of the study to the governor and to the legislature in the manner provided under section 13.172 (2) of the statutes.
(21j) Community justice center grants.
(a) From the appropriation accounts under section 20.505 (6) (kp) of the statutes and section 20.505 (6) (p) of the statutes, as affected by this act, the office of justice assistance shall allocate $150,000 in fiscal year 2001-02 and $150,000 in fiscal year 2002-03 in grants to consortiums consisting of local government agencies and community-based organizations for planning community justice center programs. The office of justice assistance shall establish eligibility criteria for grants under this subsection, including specification of the types of agencies and organizations that may receive grants. The maximum amount that the office may award any single consortium under this subsection is a onetime grant of $50,000. The office of justice assistance shall establish guidelines for administering the grant program under this subsection, including guidelines for evaluating and selecting grant recipients. The office shall give priority for receipt of funds under this subsection to consortiums that serve localities in which the incidence of crime is high relative to other localities in the state and to localities for which the ratio of persons placed at the county jail to the capacity of the jail is high relative to other localities in the state.
(b) From the appropriation accounts under section 20.505 (6) (kp) of the statutes and section 20.505 (6) (p) of the statutes, as affected by this act, the office of justice assistance shall allocate $50,000 of the amount available for grants for planning community justice center programs under paragraph (a) to the community justice center in Milwaukee in fiscal year 2001-02.
(21jm) Study on postsecondary education commission. The department of administration shall study the feasibility of creating a postsecondary education commission to provide a comprehensive and coordinated framework for all postsecondary education and training. The department shall report the results of the study, together with its findings and recommendations, to the legislature in the manner provided in section 13.172 (2) of the statutes no later than January 1, 2003.
(21k) Grants for cooperative county-tribal law enforcement.
(a) From the appropriation account under section 20.505 (6) (kr) of the statutes, as created by this act, the department of administration shall allocate the following amounts to the following counties in each of fiscal years 2001-02 and 2002-03 to support law enforcement agreements with the following Indian bands:
1. To Vilas County, $210,550 to support a law enforcement agreement with the Lac du Flambeau band of Lake Superior Chippewa.
2. To Oneida County, $50,000 to support a law enforcement agreement with the Lac du Flambeau band of Lake Superior Chippewa.
(b) Each county that receives money under paragraph (a) shall report to the office of justice assistance on how that money is expended.
(22k) Lapses from certain appropriations from which membership dues in state and national 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 state or national organization in the 2000-01 fiscal year that was funded from each revenue source except federal revenue.
(c) The secretary shall, during the 2001-02 fiscal year, lapse to the general fund or appropriate segregated fund from
each sum certain appropriation account made to each state agency from any revenue source except program revenue, segregated revenue derived from specific program receipts, or federal revenue, or shall reestimate to subtract from the expenditure estimate for
each appropriation other than a sum certain appropriation made to each state agency from any revenue source except federal revenue, an amount equivalent to 20% of the total amount expended by that state agency for membership dues for any state or national organization
from that appropriation in the 2000-01 fiscal year, if any. The secretary shall, during the 2002-03 fiscal year, lapse to the general fund or appropriate segregated fund
from each such account or shall reestimate to subtract from each such estimate an equivalent amount.
(d) Each sum certain appropriation to each state agency for the 2001-02 fiscal year and the 2002-03 fiscal year from program revenue or segregated revenue derived from specific program receipts is decreased by an amount equivalent to 20% of the total amount expended by that agency for membership dues for any state or national organization from that appropriation in the 2000-01 fiscal year, as determined by the secretary.
(22w) Crime prevention resource center. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (kp) and (p) of the statutes, the department shall allocate $55,000 in fiscal year 2001-02 and $35,000 in fiscal year 2002-03 to provide funding for a crime prevention resource center established under section 38.37 of the statutes, as created by this act.
(23q) Appropriation account lapses and fund transfers resulting from Wisconsin retirement system contributions savings.
(a) In this subsection:
1. "Program revenues" has the meaning given in section 20.001 (2) (b) of the statutes.
2. "Program revenues-service" has the meaning given in section 20.001 (2) (c) of the statutes.
3. "Secretary" means the secretary of administration.
4. "Segregated fund revenues" has the meaning given in section 20.001 (2) (d) of the statutes.
5. "Segregated fund revenues-service" has the meaning given in section 20.001 (2) (da) of the statutes.
6. "State agency" has the meaning given in section 20.001 (1) of the statutes, but does not include the state investment board and the departments of employee trust funds and transportation.
(b) The secretary shall determine for each state agency the amount credited by the department of employee trust funds to the state agency's appropriations from program revenues, program revenues-service, segregated fund revenues, and segregated fund revenues-service during the 2000-01 and 2001-02 fiscal years to implement
1999 Wisconsin Act 11, section
27 (1) (b) 1., for the payment of contributions under the Wisconsin retirement system. In making this calculation, the secretary shall determine the amounts credited by the department of employee trust funds for the payment of contributions under the Wisconsin retirement system for the 2000-01 fiscal year and for the 2001-02 fiscal year.
(c) During the 2001-02 fiscal year, the secretary shall lapse from each state agency's appropriations from program revenues and program revenues-service to the general fund the amounts calculated by the secretary under paragraph (b) for those appropriations.
(d) During the 2001-02 fiscal year, the secretary shall lapse from each state agency's appropriations from segregated fund revenues and segregated fund revenues-service to the appropriate segregated fund the amount calculated by the secretary under paragraph (b) for those appropriations that was credited by the department of employee trust funds for the 2001-02 fiscal year. After making this lapse, the secretary shall transfer from the appropriate segregated funds to the general fund an amount equal to the amounts credited by the department of employee trust funds to each state agency's appropriations from segregated fund revenues and segregated fund revenues-service for the 2000-01 fiscal year and for the 2001-02 fiscal year, as determined by the secretary under paragraph (b).
(23r) Appropriation account lapses and fund transfers.
(a) In this subsection:
1. "Secretary" means the secretary of administration.
2. "State agency" means any office, department, or independent agency in the executive branch of government, other than the investment board, the department of employee trust funds, and the board of regents of the University of Wisconsin System.
(b) 1. During the 2001-02 and 2002-03 fiscal years, the secretary shall recommend lapses or transfers to the general fund, whichever is appropriate, from state operations appropriations made to state agencies from program revenue or segregated revenue that in total equal $18,800,000 in each year.
2. In making the recommendations under subdivision 1., the secretary shall not include any of the following:
a. An appropriation that is funded from federal revenues.
b. An appropriation for principal repayment and interest payments on public debt, as defined in section 18.01 (4) of the statutes, or operating notes, as defined in section 18.71 (4) of the statutes.
c. An appropriation for lease rental payments.
d. An appropriation to the department of transportation for the purpose of undertaking construction projects.
e. An appropriation for the operation of any state institution established for the care or custody of individuals.
f. An appropriation for the operation of the state traffic patrol.
g. An appropriation funded from gifts, grants, or bequests.
h. An appropriation containing moneys whose lapse or transfer under subdivision 1. would violate a condition imposed by the federal government on the expenditure of the moneys.
i. An appropriation containing moneys whose lapse or transfer under subdivision 1. would violate the state constitution.
(c) After making the recommendations under paragraph (b), the secretary shall notify the joint committee on finance in writing of the recommendations. 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 determinations, the secretary may make the lapses and transfers under paragraph (d). If, within 14 working days after the date of the secretary's notification, the chairpersons of the committee notify the secretary that the committee has scheduled a meeting to review the recommendations, the secretary may make the lapses and transfers under paragraph (d) only upon approval of the committee.
(d) During the 2001-02 and 2002-03 fiscal years, the secretary shall lapse or transfer to the general fund, whichever is appropriate, from state operations appropriations made to state agencies from program revenue or segregated revenue an amount that is equivalent to the amounts recommended by the secretary under paragraph (b), as approved by the joint committee on finance under paragraph (c).
(25j)
Transfer to cash building projects fund; required general fund statutory balance for fiscal year 2002-03.
(a) Notwithstanding section 16.518 (4) of the statutes, as created by this act, for the 2002-03 fiscal year, if the amount of moneys projected to be deposited in the general fund during the fiscal year that are designated as "Taxes" in the summary in section 20.005 (1) of the statutes, as affected by this act, is less than the amount of such moneys actually deposited in the general fund during the fiscal year, the secretary of administration shall calculate the difference between the amount calculated under section 16.518 (2) of the statutes, as created by this act, for that fiscal year, and the amount transferred to the budget stabilization fund under section 16.518 (3) of the statutes, as created by this act, for that fiscal year.
(b) If the amount calculated under paragraph (a) is at least $115,000,000, the secretary shall calculate the difference between the amount that exceeds $115,000,000 and the amount that is necessary to maintain a required general fund balance under section 20.003 (4) of the statutes of 1.2%
for fiscal year 2002-03, less the amount designated as "Less Required Statutory Balance" in the summary in section 20.005 (1) of the statutes, as affected by this act, for that fiscal year .
(c) The secretary shall transfer from the general fund to the cash building projects fund the amount that exceeds the sum of $115,000,000 and the amount calculated under paragraph (b).
(26n) Vacant positions in
the executive branch of state government.
(a) In this subsection:
1. "Secretary" means the secretary of administration.
2. "State agency" means any office, department, or independent agency
in the executive branch of government, other than the board of regents of the University of Wisconsin System.
(b) 1.
No later than 30 days after the effective date of this paragraph, the secretary shall determine for each state agency the number of FTE positions that as of July 1, 2001, have been vacant since October 1, 2000, other than any position authorized to perform duties in a state institution or facility that has not been completed or has not begun operations as of July 1, 2001. The secretary shall also determine the annual salary and fringe benefits costs for such positions
and shall identify the appropriations from which these costs are paid during the 2001-03 fiscal biennium.
2. The secretary shall notify each state agency affected by his or her determinations under subdivision 1. Any state agency so notified
may request that the secretary reallocate the lapse, or any part thereof, to a different appropriation for state operations. Any state agency so notified may also request that the secretary not include any of the state agency's vacant FTE positions in subdivision 1. if the agency reallocates the lapse, or any part thereof, to a different appropriation for state operations or reallocates the lapse to a different category of expenditure in the appropriation identified by the secretary in subdivision 1. If the secretary agrees to any state agency's request, the secretary shall modify his or her determinations under subdivision 1.
(c) 1. During the 2001-02 fiscal year
, the secretary shall lapse to the general fund
or appropriate segregated fund from each sum certain appropriation account made to each state agency from any revenue source except program revenue, federal revenue, or segregated revenue derived from specific program receipts, or shall reestimate to subtract from the expenditure estimate for each appropriation other than a sum certain appropriation made to each state agency from any revenue source, an amount equivalent to the amount
expended by that state agency for annual salary and fringe benefit costs for the vacant positions identified by the secretary under paragraph (b)
from that appropriation in the 2000-01 fiscal year. During the 2002-03 fiscal year, the secretary shall lapse to the general fund
or appropriate segregated fund from each such account or shall reestimate to subtract from each such estimate an equivalent amount.
2. Each sum certain appropriation to each state agency for the 2001-02 fiscal year and the 2002-03 fiscal year from program revenue, federal revenue, or segregated revenue derived from specific program receipts is decreased by an amount equal to the amount expended by that state agency for the payment of annual salary and fringe benefit costs for the vacant positions identified by the secretary under paragraph (b) from that appropriation in the 2000-01 and 2002-03 fiscal years.
(d) The authorized FTE positions for each state agency are decreased by the number of FTE positions identified by the secretary under paragraph (b) from the appropriate funding source.
(e) The secretary shall notify the joint committee on finance of all actions taken
under paragraphs (c) and (d).
16,9104
Section 9104.
Nonstatutory provisions; agriculture, trade and consumer protection.
