Wisconsin Legislature: 33,9101

(a) Definitions. 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) Determination of credit amounts. If obligations are issued under section 16.526 or 16.527 of the statutes, as created by this act, or both, during the 2003-04 fiscal year, the secretary of administration shall determine for each state agency any 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 2003-04 fiscal year, other than amounts described in Section 9101 (9) (b) of this act, that represents an overpayment of a liability due to the issuance of the obligations.

1. During the 2003-04 fiscal year, the secretary of administration 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.

2. During the 2003-04 fiscal year, the secretary of administration 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. After making this lapse, the secretary shall transfer from the appropriate segregated fund to the general fund an amount equal to the lapse.

(9x) Attorney positions.

(a) In this subsection, "state agency" means an office, commission, department, independent agency, or board in the executive branch of state government, excluding the Board of Regents of the University of Wisconsin System, the department of employee trust funds , and the state of Wisconsin investment board.

(b) On January 2, 2004, all attorney positions in all state agencies that are vacant on that date are eliminated. If fewer than 31.0 FTE attorney positions in all state agencies are vacant on January 2, 2004, there are eliminated the requisite number of FTE attorney positions , as identified by the secretary of administration, so that a total of 31.0 FTE attorney positions are eliminated.

(c) 1. On January 2, 2004, the secretary of administration shall lapse to the general fund from the appropriate appropriation account of any state agency in which a position funded from general purpose revenue is eliminated under paragraph (b) an amount equal to the salary and fringe benefits budgeted for the position for the balance of the 2003-04 fiscal year; and shall transfer to the general fund from the appropriate appropriation account of any state agency in which a position funded from a source other than general purpose revenue or federal revenue is eliminated under paragraph (b) an amount equal to the salary and fringe benefits budgeted for the position for the balance of the 2003-04 fiscal year.

2. On July 1, 2004, the secretary of administration shall lapse to the general fund from the appropriate appropriation account of any state agency in which a position funded from general purpose revenue is eliminated under paragraph (b) an amount equal to the salary and fringe benefits budgeted for the position for the 2004-05 fiscal year; and shall transfer to the general fund from the appropriate appropriation account of any state agency in which a position funded from a source other than general purpose revenue or federal revenue is eliminated under paragraph (b) an amount equal to the salary and fringe benefits budgeted for the position for the 2004-05 fiscal year.

(10) Transitional funding of housing operations. Notwithstanding the requirement under section 20.001 (3) (a) of the statutes that annual appropriations are expendable only up to the amount shown in the schedule and only for the fiscal year for which made, and notwithstanding the requirement under section 20.001 (3) (b) of the statutes that biennial appropriations are expendable only up to the total amount shown in the schedule for both years and only for the biennium for which made, during the period that begins on the effective date of this subsection and ends on the 30th day after the effective date of this subsection, the annual and biennial appropriations to the department of administration under section 20.505 (7) of the statutes provided for the 2002-03 fiscal year shall remain in effect until the 30th day after the effective date of this subsection, except that, for the annual appropriations, the department of administration may not expend or encumber more than one-twelfth of the amounts appropriated for the 2002-03 fiscal year from each such appropriation and, for the biennial appropriations, the department of administration may not expend or encumber more than one-twelfth of the amounts shown in the schedule for the 2002-03 fiscal year from each such appropriation.

(10d) Transfer of educational technology programs.

(a) The authorized FTE positions for the department of administration, funded from the appropriation under section 20.505 (4) (hc) of the statutes, as created by this act, are increased by 0.5 PR position on the effective date of this subsection for the administration of technology for educational achievement programs under subchapter IX of chapter 16 of the statutes, as created by this act.

(b) The authorized FTE positions for the department of administration, funded from the appropriation under section 20.505 (4) (mp) of the statutes, as affected by this act, are increased by 0.5 FED position on the effective date of this subsection for the administration of technology for educational achievement programs under subchapter IX of chapter 16 of the statutes, as created by this act.

(c) The authorized FTE positions for the department of administration, funded from the appropriation under section 20.505 (4) (s) of the statutes, as affected by this act, are increased by 1.0 SEG position on the effective date of this subsection for the administration of technology for educational achievement programs under subchapter IX of chapter 16 of the statutes, as created by this act.

(10z) Encumbrance of certain moneys for construction of a veterinary diagnostic laboratory. The secretary of administration, on a continuing basis, shall encumber moneys from the appropriation account under section 20.285 (1) (je) of the statutes, as affected by this act, to reimburse section 20.866 (1) (u) of the statutes, as affected by this act, for the payment of principal and interest costs incurred in financing the construction of the veterinary diagnostic laboratory enumerated in 2001 Wisconsin Act 16, section 9107 (1) (m) 1. The secretary of administration shall encumber these moneys as soon as practicable after ensuring that the general program operations of the veterinary diagnostic laboratory are adequately funded.

(11p) Youth diversion grant reductions.

(a) Notwithstanding the amount specified under section 16.964 (8) (a) of the statutes, the office of justice assistance shall reduce the amount of money allocated under section 16.964 (8) (a) of the statutes by $21,200 in fiscal year 2003-04 and by $1,600 in fiscal year 2004-05.

(b) Notwithstanding the amounts specified under section 16.964 (8) (c) of the statutes, the office of justice assistance shall reduce the amount of money allocated for each of the 4 contracts specified under section 16.964 (8) (c) of the statutes by $6,400 in fiscal year 2003-04 and by $500 in fiscal year 2004-05.

(11q) Review of state office space utilization and consolidation plan. The department of administration shall review the occupancy of all state-owned office buildings and office space leased by the state and, based upon that review, develop a plan for greater centralization of the offices of state agencies or subunits thereof into state-owned office buildings and reduction of the amount of office space leased by the state. The department of administration shall submit the plan to the cochairpersons of the joint committee on finance no later than January 1, 2004.

(12d) Report regarding expenditures relating to gaming compact amendments. No later than September 1, 2004, the department of administration shall submit a report to the joint committee on finance regarding the department's supplies and services expenditures in fiscal year 2003-04 relating to the expanded responsibilities of the office of Indian gaming under the 2003 state-tribal gaming compact amendments.

(12p) Application for federal reimbursement for certain election-related expenditures. The department of administration shall ensure that this state does not seek reimbursement from the federal government under Title II of P.L. 107-252 for expenditures made by this state to implement a statewide computerized registration system from moneys that were allocated for this purpose by the joint committee on finance at its meeting under section 13.10 of the statutes in December 2002.

(13p) Assistant district attorneys; Byrne grant and penalty assessment expenditures.

(a) The department of administration shall allocate $165,000 from the appropriation account under section 20.505 (6) (kp) of the statutes, as affected by the acts of 2003, and $495,000 from the appropriation account under section 20.505 (6) (p) of the statutes, as affected by the acts of 2003, in each year of the 2003-05 fiscal biennium to fund 11.0 FTE assistant district attorney positions.

(b) From the appropriation account under section 20.505 (6) (kp) of the statutes, as affected by the acts of 2003, the department of administration shall allocate the following amounts for the following programs in each year of the 2003-05 fiscal biennium:

1. For the children's community programs under section 16.964 (9) of the statutes, as affected by the acts of 2003, $46,300.

2. For mentoring, truancy, and supervision programs, $165,000.

3. For local anti-drug task forces grants, $800,000.

4. For special projects under the governor's commission on law enforcement and crime, $71,700.

5. For grants to local law enforcement agencies for the Wisconsin incident based reporting system, $63,900.

(c) Notwithstanding the amounts in paragraph (b) and section 16.964 (9) of the statutes, as affected by the acts of 2003, the department of administration shall reduce the total amount of money allocated from the appropriation account under section 20.505 (6) (kp) of the statutes, as affected by the acts of 2003, for programs under paragraph (b) by $22,300 in each year of the 2003-05 fiscal biennium to fund the assistant district attorney positions under paragraph (a).

(14p) Printed publications.

(a) In this subsection:

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

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

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

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

5. "Program revenues-service" has the meaning given in section 20.001 (2) (c) of the statutes.

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

7. "Segregated fund revenues — service" has the meaning given in section 20.001 (2) (da) of the statutes.

(b) Notwithstanding section 16.50 (1) of the statutes, as affected by this act, the secretary of administration shall require submission of an expenditure estimate under section 16.50 (2) of the statutes for each department that proposes to expend moneys that are not encumbered on the effective date of this paragraph from any revenue source other than federal revenues for printing of any publication during the 2003-05 fiscal biennium that is not required to be printed by the constitution or by law. Notwithstanding section 16.50 (2) of the statutes, the secretary shall disapprove any such estimate for printing of a publication unless the secretary finds that printing of the publication is essential.

(c) Except as provided in paragraph (d), the secretary of administration shall, during the fiscal year for which an expenditure estimate is submitted under paragraph (b), lapse to the general fund the amount of any estimate disapproved under paragraph (b) for expenditure of moneys that are appropriated from any appropriation, other than a sum sufficient appropriation, made from general purpose revenues. Except as provided in paragraph (d), the secretary shall, during the fiscal year for which an expenditure estimate is submitted under paragraph (b), transfer to the general fund the amount of any estimate disapproved under paragraph (b) for the expenditure of moneys that are appropriated from any appropriation, other than a sum sufficient appropriation, made from program revenues, program revenues-service, segregated fund revenues, or segregated fund revenues — service. The secretary shall reestimate to subtract from the expenditure estimate published in the acts of 2003 under section 20.005 (3) of the statutes the amount of any estimate disapproved under paragraph (b) for expenditure of moneys that are appropriated from any sum sufficient appropriation. The secretary shall include any reestimate under this paragraph in his or her submission under section 20.004 (2) of the statutes.

(d) No lapse or transfer shall be made under this subsection from any appropriation if the lapse or transfer would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse or transfer would violate state law or the federal or state constitution.

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

33,9104 Section 9104. Nonstatutory provisions; agriculture, trade and consumer protection.

(3x) Consumer protection reduction plan. On or before November 1, 2003, the department of agriculture, trade and consumer protection shall submit a plan to the joint committee on finance detailing how the department proposes to implement the reduction in positions required by this act relating to the department's consumer protection activities. The plan shall identify the titles of all of the positions that the department proposes to eliminate and the location of those positions. The plan shall also specify how the department plans to reduce costs and shall identify the fringe benefits, supplies, and property that the department proposes to reduce or eliminate. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented as proposed by the department. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the plan may be implemented only upon approval of the committee.

(3z) Household hazardous waste rules. The department of agriculture, trade and consumer protection shall administer the household hazardous waste program under section 93.57 of the statutes, as affected by this act, using the rules promulgated by the department of natural resources under section 299.41, 2001 stats., until the department of agriculture, trade and consumer protection promulgates rules for the program.

33,9106 Section 9106. Nonstatutory provisions; building commission.

(1) 2003-05 Authorized State Building Program. For the fiscal years beginning on July 1, 2003, and ending on June 30, 2005, 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 Authorized State Building Program is continued in the 2003-05 fiscal biennium.

(3) Loans. During the 2003-05 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).

(4) Project contingency funding reserve.

(a) During the 2003-05 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.

(b) During the 2003-2005 fiscal biennium, the building commission may allocate moneys from the appropriation under section 20.866 (2) (ym) of the statutes, as affected by this act, for capital equipment acquisition in connection with any project in the Authorized State Building Program.

(5) Phoenix Sports Center addition. 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 Phoenix Sports Center addition at the University of Wisconsin-Green Bay, as enumerated under subsection (1) (g), prior to July 1, 2005.

(6) Adjustment of totals. In the 2001-03 Authorized State Building Program, the appropriate totals are adjusted to reflect the changes made by Sections 2813e, 2813g, and 2813j of this act.

(7) 2001-2003 Authorized state building program deletion. In 2001 Wisconsin Act 16, section 9107 (1) (j) 2., under projects financed by program revenue supported borrowing, the 2001-03 state building project identified as Exposition hall is deleted and the appropriate totals are decreased accordingly.

(7k) Hmong cultural center. Notwithstanding section 13.48 (36) (b) of the statutes, as created by this act, the building commission shall not make a grant to an organization for construction of the Hmong cultural center project, as enumerated in subsection (1) (hm), under section 13.48 (36) of the statutes, as created by this act, unless the department of administration has reviewed and approved 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.

33,9109 Section 9109. Nonstatutory provisions; commerce.

(1d) Wisconsin development fund grants; plant closings.

(a) Definitions. In this subsection:

1. "Department" means the department of commerce.

2. "Secretary" means the secretary of commerce.

(b) Generally. During the period beginning on the effective date of this paragraph and ending on June 30, 2004, the department shall make grants from the appropriations under section 20.143 (1) (c) and (ie) of the statutes, as affected by this act, to persons to whom any of the following applies:

1. The person resides, is located, or, if a municipality, has territory in a county where , during any 12-month period beginning on or after February 1, 2001, a plant closing has eliminated 500 jobs or multiple plant closings have eliminated 1,000 jobs .

2. The person resides, is located, or, if a municipality, has territory in a county where a plant closed on or after February 1, 2001, and that had an average unemployment rate of at least 7.5% during any 12-month period beginning on or after February 1, 2001 .

1. The person submits a plan to the department detailing the proposed use of the grant and the secretary approves the plan.

2. The person enters into a written agreement with the department that specifies the conditions for the use of the proceeds of the grant, including reporting and auditing requirements.

3. The person agrees in writing to submit to the department the reports required under paragraph (d) by the time required under paragraph (d).

(d) Reporting. If a person receives a grant under this subsection, the person shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

(e) Limit on grants. The aggregate total of grants made under paragraph (b) may not exceed $1,000,000.

(1z) Brownfields grants. During fiscal year 2003-04, the department of commerce may review applications submitted to the department by October 25, 2002, for grants under section 560.13 of the statutes and may use the criteria under that section and rules promulgated by the department under that section to make grants of up to a total of $6,250,000 from the appropriation under section 20.143 (1) (qm) of the statutes to applicants that would have been eligible for grants in fiscal year 2002-03.

(2q) Wisconsin development fund grants; minority business opportunity committee.

(a) In this subsection:

1. "Department" means the department of commerce.

2. "Secretary" means the secretary of commerce.

(b) The department shall make a grant of $100,000 in fiscal year 2003-04 and a grant of $100,000 in fiscal year 2004-05 to the Wisconsin minority business opportunity committee. The grants shall be made from the appropriations under section 20.143 (1) (c) and (ie) of the statutes, as affected by this act. The grants shall be made only if all of the following apply:

1. The Wisconsin minority business opportunity committee submits a plan to the department detailing the proposed use of the grants and the secretary approves the plan.

2. The Wisconsin minority business opportunity committee submits a statement to the department indicating that the grants will match federal funding that has or will be provided to the Wisconsin minority business opportunity committee for the proposed use indicated in the plan submitted under subdivision 1.

3. The Wisconsin minority business opportunity committee enters into a written agreement with the department that specifies the conditions for the use of the proceeds of the grants, including reporting and auditing requirements.

4. The Wisconsin minority business opportunity committee agrees in writing to submit to the department the reports required under paragraph (c) by the time required under paragraph (c).

(c) If the Wisconsin minority business opportunity committee receives the grants under this subsection, it shall submit to the department, within 6 months after spending the full amount of each grant, a report detailing how the grant proceeds were used.

33,9110 Section 9110. Nonstatutory provisions; corrections.

(1x) Utility costs incurred by municipalities in connection with certain prisons. Before April 30, 2004, a city that was incorporated in 1889 and that is located in a county that was created in 1856 may apply to the department of corrections for reimbursement of costs, including debt service, for the period beginning on May 1, 2002, and ending on March 31, 2004, of extending utility service in connection with the construction of a prison if the construction of the prison was authorized by the building commission in September 1998. The department of corrections shall pay the city at least $215,000 of those costs no later than June 30, 2004, from the appropriation account under section 20.410 (1) (a) of the statutes.

33,9115 Section 9115. Nonstatutory provisions; electronic government.

(1) Abolition of department of electronic government.

(a) Assets and liabilities. Except as provided in Section 9215 (1) 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.