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.
(1) Agricultural producer security council. Notwithstanding the length of terms specified for the members of the agricultural producer security council under section 15.137 (1) (a) of the statutes, as created by this act, the initial members shall be appointed for terms expiring on July 1, 2005.
(1v) Qualified producer agent rules. Using the procedure under section 227.24 of the statutes, the department of agriculture, trade and consumer protection may promulgate the rule required under section 126.51 of the statutes, as created by this act, for the period before the effective date of the permanent rule, but not to exceed the period authorized under section 227.24 (1) (c) and (2) 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.
(2) Agricultural producer security transition.
(a) Vegetable contractors. Notwithstanding Section 9404 (1) of this act, chapter 126 of the statutes, as created by this act, does not apply with respect to vegetable contractors until February 1, 2002, except as follows:
1. All registration fees and surcharges paid under section 100.03 (3), 1999 stats., after December 31, 2001, shall be deposited in the agricultural producer security fund.
2. A vegetable contractor applying for a license for the license year that begins on February 1, 2002, shall submit an application that complies with section 126.56 of the statutes, as created by this act.
(b) Milk contractors. Notwithstanding Section 9404 (1) of this act, chapter 126 of the statutes, as created by this act, does not apply with respect to milk contractors until May 1, 2002, except as follows:
1. All milk producer security fees paid under section 100.06 (9), 1999 stats., after December 31, 2001, shall be deposited in the agricultural producer security fund.
2. A milk contractor applying for a license for the license year that begins on May 1, 2002, shall submit an application that complies with section 126.41 of the statutes, as created by this act.
(c) Grain dealers and warehouse keepers. Notwithstanding Section 9404 (1) of this act, chapter 126 of the statutes, as created by this act, does not apply with respect to grain dealers and grain warehouse keepers until September 1, 2002, except as follows:
1. All license fees and surcharges paid under chapter 127, 1999 stats., after December 31, 2001, shall be deposited in the agricultural producer security fund.
2. A grain dealer applying for a license for the license year that begins on September 1, 2002, shall submit an application that complies with section 126.11 of the statutes, as created by this act.
3. A grain warehouse keeper applying for a license for the license year that begins on September 1, 2002, shall submit an application that complies with section 126.26 of the statutes, as created by this act.
(2k) Arsenic in wood. No later than the 4th quarterly meeting of the joint committee on finance under section 13.10 of the statutes in 2001, the department of agriculture, trade and consumer protection and the department of commerce jointly shall submit to the committee a comprehensive plan recommending how to keep wood that is treated with arsenic, inorganic arsenic, or an arsenic copper combination, such as chromated copper arsenate wood preservative fungicide, from being used in picnic tables, park benches, and children's playground equipment at elementary and secondary schools and municipal parks, if there is a less harmful substitute wood preservative that may be used.
(3k) Advisory committee. The department of agriculture, trade and consumer protection shall appoint a committee under section 227.13 of the statutes to advise the department concerning rules required to be promulgated under section 173.40 of the statutes, as created by this act. The department shall ensure that the members of the committee represent a variety of interests related to animals.
(4f) Soil and water management positions. The authorized FTE positions for the department of agriculture, trade and consumer protection are increased by 11.0 SEG positions, funded by the appropriation under section 20.115 (7) (qd) of the statutes, to reflect the transfer of funding for nonpoint source water pollution control to the environmental fund.
(4q) Telephone solicitation regulation. The authorized FTE positions for the department of agriculture, trade and consumer protection are increased by 5.5 PR positions, to be funded from the appropriation under section 20.115 (8) (jm) of the statutes, as created by this act, for the purpose of regulating telephone solicitations under section 100.52 of the statutes, as created by this act.
(4z) Agricultural producer security positions.
(a) The authorized FTE positions for the department of agriculture, trade and consumer protection are increased on January 1, 2002, by 12.12 SEG positions, to be funded from the appropriation under section 20.115 (1) (q) of the statutes, as created by this act, for agricultural producer security.
(b) The authorized FTE positions for the department of agriculture, trade and consumer protection are increased on January 1, 2002, by 0.5 PR position, to be funded from the appropriation under section 20.115 (1) (h) of the statutes, for agricultural producer security.
16,9105
Section 9105.
Nonstatutory provisions; arts board.
(1h) Initial terms of Wisconsin Artistic Endowment Foundation members. Notwithstanding section 247.03 (2) (a) of the statutes, as created by this act, 2 of the initial members of the board of directors of the Wisconsin Artistic Endowment Foundation shall be appointed for 2-year terms; 2 of the initial members shall be appointed for 4-year terms; and 2 of the initial members shall be appointed for 6-year terms.
16,9106
Section 9106.
Nonstatutory provisions; boundary area commission, Minnesota-Wisconsin.
(1k) Minnesota-Wisconsin boundary area commission and compact withdrawal. The state of Wisconsin withdraws from the Minnesota-Wisconsin boundary area commission and from the compact creating the commission under
chapter 274, laws of 1965. The governor of Wisconsin shall inform the governor of Minnesota of this withdrawal no later than 10 days after the effective date of this subsection.
16,9107
Section 9107.
Nonstatutory provisions; building commission.
(1) 2001-03
Authorized state building program. For the fiscal years beginning on July 1, 2001, and ending on June 30, 2003, the authorized state building program is as follows:
-
See PDF for table 
(2) Programs previously authorized. In addition to the projects and financing authority enumerated under subsection (1), the building and financing authority enumerated under the previous state building program is continued in the 2001-03 fiscal biennium.
(3) Loans. During the 2001-03 fiscal biennium, the building commission may make loans from general fund supported borrowing or the building trust fund to state agencies, as defined in section 20.001 (1) of the statutes, for projects which are to be utilized for programs not funded by general purpose revenue and which are authorized under subsection (1).
(3f) 1999-2001 State building program changes.
(a) In
1999 Wisconsin Act 9, section
9107 (1) (i) 3., under projects financed by program revenue supported borrowing, the amount authorized for the project identified as "System — Aquaculture demonstration facility — Ashland area" is increased from $3,000,000 to $3,350,000 and the appropriate totals are increased accordingly.
(3q) University of Wisconsin System facilities repair and renovation. Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission shall not authorize public debt to be contracted for the purpose for which moneys are allocated under section 20.866 (2) (z) 4m. of the statutes, as created by this act, prior to July 1, 2003.
(4) Project contingency funding reserve. During the 2001-03 fiscal biennium, the building commission may allocate moneys from the appropriation under section 20.866 (2) (yg) of the statutes, as affected by this act, for contingency expenses in connection with any project in the authorized state building program.
(4v) Mechanical engineering building renovation and addition; University of Wisconsin-Madison. Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission shall not authorize public debt to be contracted for the purpose of financing the mechanical engineering building renovation and addition at the University of Wisconsin-Madison, as enumerated in subsection (1) (m), prior to July 1, 2003.
(5) Digital television conversion.
(a) Of the public debt authorized to be contracted under section 20.866 (2) (zd) of the statutes, $14,200,000 is allocated to finance construction of the digital television conversion project enumerated under subsection (1) (c). Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission shall not authorize public debt to be contracted for the purpose for which moneys are allocated under this subsection in an amount exceeding $8,000,000 prior to July 1, 2003, and shall not authorize any of that amount of debt to be contracted unless the secretary of administration notifies the commission that the secretary has approved the report submitted by the president of the University of Wisconsin System and the chairperson of the educational communications board under Section 9159 (2x) of this act.
(b) Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission may authorize public debt to be contracted for the purpose for which moneys are allocated under this subsection in an amount exceeding $8,000,000 only after June 30, 2003, and only if the president of the University of Wisconsin System and the educational communications board submit the report required under Section 9159 (2y) of this act before the authorization is made.
(6q) HR Academy, Inc., youth and family center. Notwithstanding section 13.48 (35) of the statutes, as created by this act, the building commission shall not make a grant to HR Academy, Inc., for the youth and family center project enumerated in subsection (1) (ob) under section 13.48 (35) of the statutes, as created by this act, unless the department of administration has reviewed and approved the plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.
(7x) Wisconsin history center. Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission shall not authorize public debt to be contracted for the purpose of funding construction of all or any portion of the Wisconsin history center, as enumerated under subsection (1) (e), until the building commission determines that the historical society has secured funding commitments from gifts, grants, or other receipts to finance construction of the center in an amount at least equal to the amount of public debt proposed to be contracted to fund construction of the center, excluding that portion of the center to be utilized solely as a parking facility. Upon making the determination required under this subsection, the building commission shall notify the cochairpersons of the joint committee on finance of the commission's determination that gifts, grants, and other receipts have been secured in a specified amount and shall provide to the cochairpersons supporting documentation. If the cochairpersons of the committee do not notify the building commission that the committee has scheduled a meeting for the purpose of reviewing the determination within 14 working days after the date of the notification, the building commission may authorize public debt to be contracted in the amount specified in its determination. Notwithstanding section 18.04 (1) and (2) of the statutes, if within 14 working days after the date of the notification the cochairpersons of the committee notify the building commission that the committee has
scheduled a meeting for the purpose of reviewing the determination, the building commission shall not authorize public debt to be contracted in the amount specified in its determination unless the committee approves that action.
(8g) Veterinary diagnostic laboratory. Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission shall not authorize public debt to be contracted for the purpose of financing construction of the veterinary diagnostic laboratory at the University of Wisconsin-Madison, as enumerated under subsection (1) (m), prior to July 1, 2003.
(9g) Meat/muscle science laboratory.
(a) Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission shall not authorize public debt to be contracted for the purpose of financing construction of the meat/muscle science laboratory at the University of Wisconsin-Madison, as enumerated under subsection (1) (m), prior to July 1, 2003.
(b) No later than July 1, 2002, the building commission shall require the board of regents of the University of Wisconsin system to obtain gifts, grants, and other receipts in an amount specified by the commission for the purpose of financing a portion of the cost of construction of the meat/muscle science laboratory at the University of Wisconsin-Madison, as enumerated under subsection (1) (m). Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission shall not authorize public debt to be contracted for the purpose of financing construction of the laboratory until the portion of the funding to be derived from gifts, grants, and other receipts has been received by the state. Notwithstanding section 20.924 (1) (em) of the statutes, the building commission shall substitute the gifts, grants and other receipts for a corresponding amount of the borrowing authorized under section 20.866 (2) (s) of the statutes, as affected by this act, to finance construction of the laboratory.
(11) Medical College of Wisconsin, Inc.; biomedical research and technology incubator.
(a) Notwithstanding section 13.48 (31) of the statutes, as created by this act, the building commission shall not make any grant to the Medical College of Wisconsin, Inc., for the biomedical research and technology incubator project enumerated in subsection (1) (o) under section 13.48 (31) of the statutes, as created by this act, unless the department of administration has reviewed and approved the plans for the project. Notwithstanding section 16.85 (1) of the statutes, as affected by this act, and section 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes, as affected by this act, does not apply to the project.
(b) Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission shall not authorize public debt to be contracted for the purpose for which moneys are allocated under section 20.866 (2) (zbh) of the statutes, as created by this act, prior to July 1, 2003.
(12mk) Wausau state office facility study. The building commission shall conduct a study of the feasibility of constructing a state office facility in the Wausau area to consolidate state employee staff. The building commission 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 July 1, 2002.
(12w) Utility service cost allocation study. Notwithstanding section 16.705 (1) of the statutes, the building commission shall direct the department of administration to contract with a private person to perform a study of the extent of utility services provided to state programs funded with program revenue and to determine whether the charges made to the programs utilizing this service are fairly compensating the state for the cost of the service provided to the programs. The report of the study shall include any recommendations for changes in allocation of charges for utility service. The department of administration shall report the results of the study, together with any recommendations included in the study report, to the cochairpersons of the joint committee on finance no later than July 1, 2002.
(13r) Discovery Place museum.
(a) Notwithstanding section 13.48 (32r) of the statutes, as created by this act, the building commission shall not make any grant to Racine County for the Discovery Place museum project enumerated in subsection (1) (p) under section 13.48 (32r) of the statutes, as created by this act, unless the department of administration has reviewed and approved the plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.
16,9110
Section 9110.
Nonstatutory provisions; commerce.
(1)
Grant for Lincoln Park center. From the appropriation under section 20.143 (1) (kj) of the statutes, as affected by this act, the department of commerce may make a grant of up to $1,000,000 to the M7 Development Corporation for constructing a multipurpose center at Lincoln Park in the city of Milwaukee. If the department of commerce makes a grant under this subsection, the department shall enter into an agreement with the M7 Development Corporation that provides for, among other things, reporting and auditing requirements.
(2k) Grants to Chippewa Valley Technical College. From the appropriation under section 20.143 (1) (kj) of the statutes, as affected by this act, the department of commerce may make grants of up to $250,000 in fiscal year 2001-02 and up to $250,000 in fiscal year 2002-03 to the Chippewa Valley Technical College for a health care education center. If the department of commerce makes a grant under this subsection, the department of commerce shall enter into an agreement with the Chippewa Valley Technical College that specifies the uses for the grant proceeds and reporting and auditing requirements.
(2x) Rules for petroleum storage remedial action program arbitration. The department of commerce shall submit in proposed form the rules required under section 101.143 (6s) of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than May 1, 2002.
(2y) Mediation for petroleum storage remedial action program appeals. No later than March 1, 2002, the department of commerce shall submit to the joint committee on finance recommendations for a process for mediating disputes over the department's decisions related to the program under section 101.143 of the statutes.
(3z) Transitional water and sewer assessments.
(a) In this subsection:
1. "Manufactured home" has the meaning given in section 101.91 (2) of the statutes.
2. "Manufactured home park" has the meaning given in section 101.91 (5m) of the statutes, as affected by this act.
3. "Manufactured home park operator" has the meaning given in section 101.91 (8) of the statutes, as affected by this act.
