Wisconsin Legislature: 33,9159

(d) The sum of the supplements for fiscal year 2004-05 under this subsection may not exceed $15,953,500.

(2z) Commercial driver license hazardous materials endorsements.

(a) Notwithstanding section 343.20 (2) (b) of the statutes, as created by this act, the department of transportation shall provide the holder of an "H" endorsement specified in section 343.17 (3) (d) 1m. of the statutes, as affected by this act, that expires before May 1, 2004, with as much advance written notice as practicable of the renewal requirements for the endorsement.

(b) Notwithstanding section 343.125 (2) and (3) of the statutes, as created by this act, the department of transportation may extend a commercial driver license with an "H" endorsement until such time as the department of transportation receives from the federal transportation security administration of the federal department of homeland security a final notice of threat assessment or a notice of no security threat concerning the applicant, or until April 29, 2004, whichever is earlier.

(3r) Agency request relating to the Marquette interchange reconstruction project. Notwithstanding section 16.42 (1) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2005-07 biennial budget act, the department of transportation shall include a funding plan for the remainder of the Marquette interchange reconstruction project, including specification of all expenditure amounts anticipated to be necessary from the appropriations under section 20.395 (3) (cr) and (cy) of the statutes, and the amount of bonding authorization anticipated to be necessary. The plan shall maximize the use of segregated revenue and federal funds, and minimize the use of bonds proceeds, to the extent possible, in meeting expenditure obligations for the project, and shall not include issuance of bonds, requiring debt service payments after June 30, 2009.

(4q) Traffic marking enhancement grant program.

(a) The department of transportation shall administer a grant program under section 85.027 of the statutes, as created by this act, in fiscal year 2003-04 only if the state receives federal incentive grant funding in federal fiscal year 2003 under 23 USC 163. The department shall credit the lesser of an amount equal to the amount of the federal incentive grant funding or $2,200,000 to the appropriation account under section 20.395 (3) (cx) of the statutes. The department shall also transfer from the appropriation account under section 20.395 (3) (cq) of the statutes, as affected by this act, to the appropriation account under section 20.395 (2) (ev) of the statutes, as affected by this act, an amount equal to the amount credited under this paragraph to the appropriation account under section 20.395 (3) (cx) of the statutes.

(b) The department of transportation shall administer a grant program under section 85.027 of the statutes, as created by this act, in fiscal year 2004-05 only if the state receives more federal formula highway aid than is included in the schedule under section 20.005 (3) of the statutes for appropriations under section 20.395 of the statutes for fiscal year 2004-05. The department shall credit the lesser of all moneys in excess of the sum of the amounts of federal formula highway aid included in the schedule under section 20.005 (3) of the statutes for appropriations under section 20.395 of the statutes for fiscal year 2004-05 or $3,800,000 to the appropriation account under section 20.395 (3) (cx) of the statutes. The department shall also transfer from the appropriation account under section 20.395 (3) (cq) of the statutes, as affected by this act, to the appropriation account under section 20.395 (2) (ev) of the statutes, as affected by this act, an amount equal to the amount credited under this paragraph to the appropriation account under section 20.395 (3) (cx) of the statutes.

33,9154 Section 9154. Nonstatutory provisions; treasurer.

(1) Transfer of the cash management functions of the office of the state treasurer.

(a) Assets and liabilities. On July 1, 2004, all assets and liabilities of the office of the state treasurer relating to the performance of its cash management functions, other than its performance of such functions under section 25.50 and chapter 177 of the statutes, as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

(b) Tangible personal property. On July 1, 2004, all tangible personal property, including records, of the office of the state treasurer relating to the performance of its cash management functions, other than its performance of such functions under section 25.50 and chapter 177 of the statutes, as determined by the secretary of administration, are transferred to the department of administration.

(c) Contracts. All contracts entered into by the office of the state treasurer relating to the performance of its cash management functions, other than its performance of such functions under section 25.50 and chapter 177 of the statutes, as determined by the secretary of administration, which are in effect on July 1, 2004, remain in effect and are transferred to the department of administration on July 1, 2004. The department of administration shall carry out any such contractual obligations until modified or rescinded by the department of administration to the extent allowed under the contract.

(d) Employee transfers and status. Before July 1, 2004, all incumbent employees holding positions in the office of the state treasurer who perform cash management functions, other than functions under section 25.50 and chapter 177 of the statutes, as determined by the secretary of administration, are transferred to the department of administration. The secretary shall determine the date on which each such employee is transferred. Employees transferred under this paragraph have all rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes that they enjoyed in the office of the state treasurer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class may be required to serve a probationary period.

(e) Pending matters. Any matter pending with the office of the state treasurer relating to the performance of its cash management functions, other than its performance of such functions under section 25.50 and chapter 177 of the statutes, as determined by the secretary of administration, on July 1, 2004, is transferred to the department of administration on July 1, 2004, and all materials submitted to or actions taken by the office of the state treasurer with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

(2q) Reporting of certain unclaimed property. Notwithstanding section 177.17 (4) (a) 1. of the statutes, a holder of property presumed abandoned under section 177.075 (1) of the statutes, as created by this act, shall file the report required under section 177.17 of the statutes concerning that property covering the 2003 calendar year by May 1, 2004.

33,9157 Section 9157. Nonstatutory provisions; University of Wisconsin System.

(1) University of Wisconsin System resident undergraduate tuition. Notwithstanding section 36.27 (1) (am) of the statutes, as affected by this act, the Board of Regents of the University of Wisconsin System may not increase academic fees for a resident undergraduate student enrolled at any of the following:

(a) The University of Wisconsin-Madison or University of Wisconsin-Milwaukee by more than $350 a semester in the 2003-04 academic year over academic fees charged for the 2002-03 academic year and by more than $350 a semester in the 2004-05 academic year over academic fees charged for the 2003-04 academic year.

(b) Any other University of Wisconsin System institution by more than $250 a semester in the 2003-04 academic year over academic fees charged for the 2002-03 academic year and by more than $250 a semester in the 2004-05 academic year over academic fees charged for the 2003-04 academic year.

(1q) Differential tuition. The tuition limits in subsection (1) do not apply to differential tuition initiatives that the Board of Regents and students enrolled in the University of Wisconsin System either have approved before the effective date of this subsection or approve on or after the effective date of this subsection.

(1x) Auxiliary reserves transfer. By September 15 of each year of the 2003-05 biennium, the Board of Regents of the University of Wisconsin System shall submit the proposed allocation, by campus and auxiliary reserve account, of the moneys transferred under sections 20.235 (1) (ke) and 20.285 (4) (g) and (gm) of the statutes, as created by this act, to the department of administration for the department's approval. The board may not include segregated fee accounts in the proposed allocation. Once the department approves the proposed allocation, the department shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the department within 14 days after the date of the department's submission that the committee has scheduled a meeting to review the proposed allocation, the proposed allocation may be implemented. If, within 14 working days after the date of the department's submission, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed allocation, the proposed allocation may be implemented only as approved or modified by the committee .

33,9158 Section 9158. Nonstatutory provisions; veterans affairs.

(1) Educational stipend program; rules. If the department of veterans affairs develops a stipend program under section 45.365 (7) of the statutes, as created by this act, the department shall, using the procedure under section 227.24 of the statutes, promulgate the rule required under section 45.365 (7) of the statutes, as created by this act, for the period before the effective date of the permanent rule promulgated under section 45.365 (7) of the statutes, as created by this act, 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.

(1v) Nursing home staffing report. No later than January 1, 2005, the department of veterans affairs shall submit a plan to the members of the joint committee on finance indicating the staffing and funding necessary to fully support the new skilled nursing facility located at the Southern Wisconsin Veterans Retirement Center.

33,9159 Section 9159. Nonstatutory provisions; workforce development.

(1) Rules related to income maintenance training. All rules of the department of workforce development that are primarily related to competency standards, including training requirements, for income maintenance workers and that are in effect on the effective date of this subsection are transferred to the department of health and family services and remain in effect until their specified expiration dates or until amended or repealed by the department of health and family services.

(2) Community reinvestment funds. The department of workforce development may not pay to Wisconsin Works agencies any community reinvestment funds earned under contracts that were entered into under section 49.143 of the statutes and that had terms beginning on January 1, 2000, and ending on December 31, 2001, except for the amounts allocated under section 49.175 (1) (d), 2001 stats.

(4f) Transitional jobs task force . The task force on transitional jobs appointed by the secretary of workforce development is directed to continue its work reviewing and researching the creation and implementation of a subsidized work program under the Wisconsin Works program and to propose legislation that effects its findings and recommendations .

(5) Consolidation of workforce investment appropriations.

(a) The unencumbered balance in the appropriation account under section 20.445 (1) (ma), 2001 stats., is transferred to the appropriation account under section 20.445 (1) (m) of the statutes, as affected by this act.

(b) The unencumbered balance in the appropriation account under section 20.445 (1) (mb), 2001 stats., is transferred to the appropriation account under section 20.445 (1) (m) of the statutes, as affected by this act.

(c) The unencumbered balance in the appropriation account under section 20.445 (1) (mc), 2001 stats., is transferred to the appropriation account under section 20.445 (1) (m) of the statutes, as affected by this act.

(6x) Elimination of governor's work-based learning board.

(a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the governor's work-based learning board that are primarily related to the technical preparation, school-to-work, and work-based learning programs that are being transferred to the technical college system board under this act, as determined by the secretary of administration, shall become the assets and liabilities of the technical college system board.

(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the governor's work-based learning board that is primarily related to the technical preparation, school-to-work, and work-based learning programs that are being transferred to the technical college system board under this act, as determined by the secretary of administration, is transferred to the technical college system board.

1. All contracts entered into by the governor's work-based learning board that are primarily related to the technical preparation, school-to-work, and work-based learning programs that are being transferred to the technical college system board under this act, as determined by the secretary of administration, and that are in effect on the effective date of this subdivision 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.

2. All contracts entered into by the governor's work-based learning board that are primarily related to the youth apprenticeship program that is being transferred to the department of workforce development under this act, as determined by the secretary of administration, and that are in effect on the effective date of this subdivision, remain in effect and are transferred to the department of workforce development. The department of workforce development shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of workforce development to the extent allowed under the contract.

(d) Rules and orders.

1. All rules promulgated by the governor's work-based learning board that are in effect on the effective date of this subdivision and that are primarily related to the technical preparation, school-to-work, and work-based learning programs that are being transferred to the technical college system board under this act, as determined by the secretary of administration, remain in effect until their specified expiration date or until amended or repealed by the technical college system board. All orders issued by the governor's work-based learning board that are in effect on the effective date of this subdivision and that are primarily related to the technical preparation, school-to-work, and work-based learning programs that are being transferred to the technical college system board under this act, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the technical college system board.

2. All rules promulgated by the governor's work-based learning board that are in effect on the effective date of this subdivision and that are primarily related to the youth apprenticeship program that is being transferred to the department of workforce development under this act, as determined by the secretary of administration, remain in effect until their specified expiration date or until amended or repealed by the department of workforce development. All orders issued by the governor's work-based learning board that are in effect on the effective date of this subdivision and that are primarily related to the youth apprenticeship program that is being transferred to the department of workforce development under this act, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the department of workforce development.

(e) Pending matters.

1. Any matter pending with the governor's work-based learning board on the effective date of this subdivision and that is primarily related to the technical preparation, school-to-work, and work-based learning programs that are being transferred to the technical college system board under this act, 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 governor's work-based learning board with respect to the pending matter are considered as having been submitted to or taken by the technical college system board.

2. Any matter pending with the governor's work-based learning board on the effective date of this subdivision that is primarily related to the youth apprenticeship program that is being transferred to the department of workforce development under this act, as determined by the secretary of administration, is transferred to the department of workforce development, and all materials submitted to or actions taken by the governor's work-based learning board with respect to the pending matter are considered as having been submitted to or taken by the department of workforce development.

(f) Positions and employees .

1. The authorized FTE positions for the governor's work-based learning board, funded from the appropriation under section 20.445 (7) (a), 2001 stats., are decreased by 2.7 GPR positions on the effective date of this subdivision for the purpose of eliminating that board .

2. The authorized FTE positions for the governor's work-based learning board, funded from the appropriation under section 20.445 (7) (kb), 2001 stats., are decreased by 2.4 PR positions on the effective date of this subdivision for the purpose of eliminating that board.

3. The authorized FTE positions for the governor's work-based learning board, funded from the appropriation under section 20.445 (7) (kx), 2001 stats., are decreased by 2.2 PR positions on the effective date of this subdivision for the purpose of eliminating that board.

4. The authorized FTE positions for the governor's work-based learning board, funded from the appropriation under section 20.445 (7) (m), 2001 stats., are decreased by 5.45 FED positions on the effective date of this subdivision for the purpose of eliminating that board.

5. On the effective date of this subdivision, all incumbent employees holding the positions specified in subdivisions 2., 3., and 4. are transferred to the technical college system board, unless there is insufficient funding in the appropriation account under section 20.292 (1) (kx) of the statutes, as affected by this act, and insufficient funding transferred to section 20.292 (1) (m) of the statutes under Section 9259 (3) (b) of this act, to support that transfer. An incumbent employee holding a position specified in subdivision 2., 3., or 4. who is not transferred to the technical college system board under this subdivision shall enjoy the same rights and status in the department of workforce development that the employee enjoyed in the governor's work-based learning board immediately before the elimination of that board.

(g) Employee status. Employees transferred under paragraph (f) 5. shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the technical college system board that they enjoyed in the governor's work-based learning board 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.

(7) Elimination of Wisconsin conservation corps.

(a) Contracts. All contracts entered into by the Wisconsin conservation corps board in effect on the effective date of this paragraph remain in effect and are transferred to the department of workforce development.

(b) Rules and orders. All rules promulgated by the Wisconsin conservation corps board 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 department of workforce development. All orders issued by the Wisconsin conservation corps board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of workforce development.

(c) Pending matters. Any matter pending with the Wisconsin conservation corps board on the effective date of this paragraph is transferred to the department of workforce development and all materials submitted to or actions taken by the Wisconsin conservation corps board with respect to the pending matter are considered as having been submitted to or taken by the department of workforce development.

(8) Position transfer to department of administration. The authorized FTE positions for the department of workforce development, funded from the appropriation under section 20.445 (5) (kx) of the statutes, are decreased by 1.0 PR position on July 1, 2003.

(9d) Securing federal funds for faith-based initiative. The department of workforce development is directed to secure federal funds for the purpose of contracting with the General Baptist State Ministers' Alliance, Wisconsin Baptist Ministers' Alliance, Church of God and Christ Ministers' Alliance, and Apostolic Faith Ministers' Alliance for a faith-based initiative to create jobs and counsel families that have been impacted by gun violence. The department of workforce development shall notify the joint committee on finance by no later than December 1, 2003, if state matching funds are required to secure the federal funds.

33,9160 Section 9160. Nonstatutory provisions; other.

(2) Repayment of loan from the office of the commissioner of insurance. Notwithstanding sections 20.515 (2) (g), 2001 stats., 20.855 (1) (ch), 2001 stats., 40.98 (6m), 2001 stats., and 601.34, 2001 stats., the general fund is not required to repay the loan made under section 601.34 (1), 2001 stats.

(2f) Lapse or transfer of certain appropriation balances to the general fund.

(a) In this subsection:

1. "Discretionary compensation adjustment" means a discretionary compensation adjustment authorized in section J of the 2001-03 compensation plan under section 230.12 of the statutes.

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

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

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.

(b) Notwithstanding the amounts in the schedule under section 20.005 (3) of the statutes, as affected by this act, the amount shown in the schedule for each sum certain appropriation for fiscal year 2003-04 and fiscal year 2004-05 that is made to each state agency is decreased by, and the amount shown in the schedule for each other appropriation for fiscal year 2003-04 and fiscal year 2004-05 that is made to each state agency is reestimated to subtract, an amount equal to 27% of the annualized cost of any discretionary compensation adjustments provided to nonrepresented employees in the classified service from that appropriation in fiscal year 2001-02, including the annualized fringe benefit cost increases resulting from those adjustments.

(c) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, except as provided in paragraph (d), the secretary of administration shall lapse to the general fund from the unencumbered balance of each appropriation account of each state agency in fiscal year 2003-04 and in fiscal year 2004-05 for each appropriation made from program revenues or program revenues-service, and shall transfer from the appropriate segregated fund to the general fund for each appropriation of each state agency in fiscal year 2003-04 and in fiscal year 2004-05 made from segregated fund revenues or segregated fund revenues — service or from the appropriation account for each such appropriation made from segregated fund revenues or segregated fund revenues — service in which the balance in the appropriation account is nonlapsing, an amount equal to the amount by which authorized expenditures from that appropriation are decreased or reestimated under paragraph (b).

(d) The secretary of administration shall not lapse or transfer moneys to the general fund under paragraph (c) 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.

(2x) Lapse or transfer of certain appropriation balances to the general fund.

(a) In this subsection :

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

2. "Information technology" has the meaning given in section 16.97 (6) of the statutes.

(b) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, except as provided in paragraph (c), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of the appropriations , other than sum sufficient appropriations, made to executive branch agencies amounts equal to $20,000,000 in fiscal year 2003-04 and $20,000,000 in fiscal year 2004-05. The secretary of administration shall lapse or transfer these moneys from allocations for information technology projects that would have been undertaken in those fiscal years with funding from those appropriations. Notwithstanding section 16.50 (1) of the statutes, the secretary of administration shall not waive submission of expenditure estimates for information technology projects during the 2003-05 fiscal biennium and shall disapprove estimates of expenditures for information technology projects in the 2003-05 fiscal biennium in an amount equivalent to the amounts required to be lapsed or transferred under this paragraph .

(c) The secretary of administration shall not lapse or transfer moneys to the general fund from any appropriation under paragraph (b) 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 the federal or state constitution.

(3f) Lapse or transfer of certain appropriation account and segregated fund balances.

(a) In this subsection:

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

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

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

4. "Secretary" means the secretary of administration.

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

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

7. "State agency" has the meaning given in section 20.001 (1) of the statutes.

(b) During the 2003-04 and 2004-05 fiscal years, the secretary shall determine the amount from each appropriation to a state agency made from program revenues, program revenues-service, segregated fund revenues, or segregated fund revenues — service that was allocated by the governor for the purpose of funding a budget category designated as "Standard budget adjustment for fifth week of vacation as cash," but which amount was removed from that appropriation during legislative consideration of the 2003-05 executive budget bill.

(c) Except as provided in paragraph (e), during the 2003-04 and 2004-05 fiscal years, the secretary shall ensure that each state agency lapses from any appropriation made to the agency from program revenues or program revenues-service an amount equal to the amount determined for that appropriation under paragraph (b).

(d) Except as provided in paragraph (e), during the 2003-04 and 2004-05 fiscal years, the secretary shall transfer from the segregated fund from which any appropriation from segregated fund revenues or segregated fund revenues — service identified under paragraph (b) is made to the general fund the amount determined for that appropriation under paragraph (b).