Amendment ASA1-AB75

AB75-ASA1,1827,2 (3d) Omitted property. Notwithstanding section 70.44 (1) of the statutes, section 70.44 (1) of the statutes does not apply to property described under section 70.11 (4) (b), (4a), and (4d) of the statutes, as created by this act, for the years before 2009 during which the property was omitted from assessment.

AB75-ASA1,1827,7 (3q) Main street equity act; lease or rental. Section 77.51 (7) of the statutes, as affected by 2009 Wisconsin Act 2, first applies to lease and rental contracts entered into on October 1, 2009, and has no effect on a lease or rental contract entered into before October 1, 2009, until the lease or contract is renewed, extended, or modified on or after October 1, 2009.

AB75-ASA1,1827,17 (4u) Emergency rules for ambulatory surgical center assessment. Using the procedure under section 227.24 of the statutes, the department of revenue may promulgate the rule required under section 146.98 (5) of the statutes, as created by this act, for the period before the effective date of the permanent rule under that subsection, 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.

AB75-ASA1, s. 9144 Section 9144. Nonstatutory provisions; Secretary of State.

AB75-ASA1, s. 9145 Section 9145. Nonstatutory provisions; State Employment Relations, Office of.

AB75-ASA1, s. 9146 Section 9146. Nonstatutory provisions; State Fair Park Board.

AB75-ASA1, s. 9147 Section 9147. Nonstatutory provisions; Supreme Court.

AB75-ASA1, s. 9148 Section 9148. Nonstatutory provisions; Technical College System.

AB75-ASA1, s. 9149 Section 9149. Nonstatutory provisions; Tourism.

AB75-ASA1, s. 9150 Section 9150. Nonstatutory provisions; Transportation.

AB75-ASA1,1827,25 (1) Transit authorities.

AB75-ASA1,1828,6 (b) Initial terms of Dane County regional transit authority. Notwithstanding the length of terms specified for members of the board of directors of the Dane County transit authority under section 66.1039 (2) (b) and (3) (a) of the statutes, as created by this act, the initial terms for the members appointed under section 66.1039 (3) (c) 1. and 4. of the statutes, as created by this act, shall be two years.

AB75-ASA1,1828,10 (3) Baseball special plates. No later than the first day of the 3rd month beginning after the effective date of this subsection, the executive vice president of the Milwaukee Brewers Baseball Club LP shall consult with the department of transportation for all of the following purposes:

AB75-ASA1,1828,12 (a) To specify an initial design for the special group plates under section 341.14 (6r) (f) 60. of the statutes, as created by this act.

AB75-ASA1,1828,15 (b) To facilitate, if necessary, the department of transportation's obtaining of the approval described in section 341.14 (6r) (b) 1. of the statutes, as affected by this act.

AB75-ASA1,1828,20 (4c) Grant to village of Bellevue for street beautification project. In fiscal year 2009-10, from the appropriation under section 20.395 (2) (jq) of the statutes, as created by this act, the department of transportation shall award a grant to the village of Bellevue in Brown County for a street beautification project on Huron Road.

AB75-ASA1,1828,23 (4d) Highway project development report. No later than January 1, 2010, the department of transportation shall submit a report to the joint committee on finance that provides each of the following:

AB75-ASA1,1828,25 (a) An assessment of the most appropriate uses of consultants for highway project development.

AB75-ASA1,1829,3 (b) Recommendations of actions that the department and local governments may take to improve efficiency, cost-effectiveness, and timeliness of local road construction projects.

AB75-ASA1,1829,4 (c) Proposed legislative changes that may help meet the goals in paragraph (b).

AB75-ASA1,1829,11 (5b) Chippewa County rehabilitation project on CTH "X". In the 2009-11 fiscal biennium, from the appropriation under section 20.395 (2) (fx) of the statutes, the department of transportation shall provide funding for the rehabilitation of CTH "X" in Chippewa County between 57th Avenue and 184th Street if this rehabilitation project does not receive federal economic stimulus funding under Public Law 111-5. The amount of funds provided under this subsection shall be $430,000 or 80 percent of the total cost of the rehabilitation project, whichever is less.

AB75-ASA1,1829,15 (5bb) Grant to village of Footville for pedestrian path. In fiscal year 2009-10, from the appropriation under section 20.395 (2) (jr) of the statutes, as created by this act, the department of transportation shall award a grant to the village of Footville in Rock County for the construction of a pedestrian path.

AB75-ASA1,1829,16 (5c) Allocation of federal safety belt performance grant funds.

AB75-ASA1,1829,19 (a) In this subsection, "excess federal safety belt grant moneys" means any moneys in excess of $15,237,200 received by the department of transportation for fiscal year 2009-10 from any grant awarded under 23 USC 406.

AB75-ASA1,1829,22 (b) Excess federal safety belt grant moneys shall be credited to the appropriation under section 20.395 (3) (cx) of the statutes and allocated for safety-related infrastructure projects.

AB75-ASA1,1830,3 (5cc) Reconstruction project in the village of Bellevue. In the 2009-11 fiscal biennium, from the appropriation under section 20.395 (2) (fx) of the statutes, the department of transportation shall provide funding to the village of Bellevue in Brown County for the reconstruction of Manitowoc Road from Eaton Road to Allouez Avenue. The amount of funds provided under this subsection shall be $1,250,000 or 80 percent of the total cost of the reconstruction project, whichever is less.

AB75-ASA1,1830,7 (5d) Harbor assistance program report. No later than July 1, 2010, the department of transportation shall submit a report to the joint committee on finance that provides an assessment of current and future harbor improvement needs, for both freight and non-freight industries, for the next 10 years.

AB75-ASA1,1830,17 (5dd) Request relating to position authority. The department of transportation may submit a request to the joint committee on finance under section 13.10 of the statutes to reallocate or transfer position authority and funding among the department's appropriations for the purpose of increasing the amount of highway project preparation work conducted by the department's staff. The department may not request under this subsection any reallocation of funds between expenditure categories within an appropriation account or transfer of funds between appropriation accounts in a total amount exceeding $726,300 in state funds and $594,300 in federal funds in fiscal year 2009-10 and $954,700 in state funds and $781,100 in federal funds in fiscal year 2010-11.

AB75-ASA1,1830,18 (5f) City of Racine streetscaping projects.

AB75-ASA1,1831,2 (a) In the 2009-11 fiscal biennium, from the appropriation under section 20.395 (2) (nx) of the statutes, the department of transportation shall award a grant under section 85.026 (2) of the statutes to the city of Racine in Racine County for a streetscaping project on State Street from Memorial Drive to LaSalle Street if the department determines that the project is eligible for federal transportation enhancements funds. The amount of the grant awarded under this paragraph shall be $400,000 or 80 percent of the total cost of the streetscaping project, whichever is less.

AB75-ASA1,1831,10 (b) In the 2009-11 fiscal biennium, from the appropriation under section 20.395 (2) (nx) of the statutes, the department of transportation shall award a grant under section 85.026 (2) of the statutes to the city of Racine in Racine County for a streetscaping project on Washington Avenue and 7th Street from 9th Street to Main Street if the department determines that the project is eligible for federal transportation enhancements funds. The amount of the grant awarded under this paragraph shall be $500,000 or 80 percent of the total cost of the streetscaping project, whichever is less.

AB75-ASA1,1831,14 (5i) USH 61 project in Grant County. The department of transportation shall complete, during the 2009-11 fiscal biennium, the pavement rehabilitation project on USH 61 between the village of Dickeyville and the city of Lancaster in Grant County.

AB75-ASA1,1831,20 (5q) KRM authority application. No later than one year after the effective date of this subsection, the KRM authority under section 59.58 (7) of the statutes, as created by this act, shall submit to the federal transit administration in the U.S. department of transportation an application to enter the preliminary engineering phase of the federal new starts grant program for the KRM commuter rail line, as defined in section 59.58 (7) (a) 3. of the statutes, as created by this act.

AB75-ASA1,1831,24 (5x) Freight rail preservation program report. No later than January 1, 2010, the department of transportation shall submit a report to the joint committee on finance that provides an assessment of potential freight rail improvements and acquisitions over at least the next 10 years and that contains all of the following:

AB75-ASA1,1832,2 (a) At least 3 scenarios, each at a different level of annual expenditure, for potential freight rail improvements and acquisitions.

AB75-ASA1,1832,4 (b) An assessment of the benefits and costs of the improvements under each scenario described in paragraph (a).

AB75-ASA1,1832,6 (c) A discussion of the potential benefits of each scenario described in paragraph (a) in relation to other potential uses of transportation fund resources.

AB75-ASA1,1832,9 (d) An assessment of whether some potential improvements on publicly owned rail lines could have sufficiently high benefits to induce benefited railroads to fund a higher percentage of the cost.

AB75-ASA1,1832,14 (6j) South Reid Road bridge replacement and expansion in town of La Prairie. In the 2009-11 fiscal biennium, from the appropriation account under section 20.395 (2) (eq) or (ex) of the statutes, the department of transportation shall provide $250,000 to the town of La Prairie in Rock County for the replacement and expansion of a bridge on South Reid Road.

AB75-ASA1,1832,20 (7j) Madison to Twin Cities passenger rail route report. No later than January 1, 2011, the department of transportation shall submit a report to the joint committee on finance that addresses the alternatives for extending high speed passenger rail service from the city of Madison to the city of Minneapolis or the city of St. Paul or both in the state of Minnesota. The report shall consider, and provide a comparison of costs and potential benefits of, each of the following routes:

AB75-ASA1,1832,21 (a) A route traveling through the city of Eau Claire.

AB75-ASA1,1832,22 (b) A route traveling through the city of La Crosse.

AB75-ASA1,1833,3 (8i) Business sign in Brown County. Notwithstanding the eligibility criteria established under section 86.195 (3) (e) of the statutes, upon application and payment of fees ordinarily required for the mounting of business signs, the department of transportation shall mount business signs meeting the specifications under section 86.195 of the statutes, and rules promulgated under that section, for the National Railroad Museum in the city of Green Bay in Brown County.

AB75-ASA1,1833,8 (8j) Transportation projects commission STH 13 study. No later than March 15, 2010, the department of transportation shall present a recommendation to the transportation projects commission regarding the preparation of an environmental assessment or an environmental impact statement for a potential major highway project involving STH 13 between the city of Marshfield and STH 29.

AB75-ASA1,1833,16 (9i) Request relating to state highway rehabilitation program. In submitting information under section 16.42 of the statutes, as affected by this act, for purposes of the 2011-13 biennial budget bill, the department of transportation shall submit information concerning the appropriation under section 20.395 (3) (cq) of the statutes as though the total amount appropriated under section 20.395 (3) (cq) of the statutes for the 2010-11 fiscal year had been $69,856,100 greater than the total amount that was actually appropriated under section 20.395 (3) (cq) of the statutes for the 2010-11 fiscal year.

AB75-ASA1,1834,5 (9u) Optional vehicle fleet registration. The department of transportation may submit a request to the joint committee on finance under section 13.10 of the statutes to provide supplemental funding under section 13.101 (3) of the statutes for the appropriation under section 20.395 (5) (cq) of the statutes for data processing costs associated with implementing the provisions of section 341.307 of the statutes, as created by this act. Any request submitted under this subsection shall include a description of the provisions that the department proposes to include in the rules required under section 341.307 (6) of the statutes, as created by this act, and an estimate of the amount of additional transportation fund revenues that would be generated in the 2010-11 fiscal year as a result of these provisions. Notwithstanding section 13.101 (3) of the statutes, the committee may supplement the appropriation under section 20.395 (5) (cq) of the statutes from the appropriation account under section 20.865 (4) (u) of the statutes for the purpose described in this subsection without finding that an emergency exists.

AB75-ASA1, s. 9151 Section 9151. Nonstatutory provisions; Treasurer.

AB75-ASA1, s. 9152 Section 9152. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Authority.

AB75-ASA1, s. 9153 Section 9153. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Board.

AB75-ASA1, s. 9154 Section 9154. Nonstatutory provisions; University of Wisconsin System.

AB75-ASA1,1834,14 (1) Wisconsin Genomics Initiative. Of the moneys appropriated to the Board of Regents of the University of Wisconsin System under section 20.285 (1) (a) of the statutes for the 2009-10 fiscal year, the board shall allocate $2,000,000 for support of the establishment of the Wisconsin Genomics Initiative for research into personalized health care for disease identification and prevention.

AB75-ASA1,1834,20 (2) Biotechnology, nanotechnology, and information technologies. Of the moneys appropriated to the Board of Regents of the University of Wisconsin System under section 20.285 (1) (a) of the statutes for the 2010-11 fiscal year, the board shall allocate $8,198,200 to support interdisciplinary research into biotechnology, nanotechnology, and information technologies that enhances human health and welfare.

AB75-ASA1,1835,5 (3f) Agency request relating to general program operations. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purpose of the 2011-13 biennial budget bill, the Board of Regents of the University of Wisconsin System shall submit information concerning the appropriation under section 20.285 (1) (a) of the statutes, as though the amounts appropriated to the board under that appropriation for fiscal year 2010-11 were $15,500,000 more than the amounts in the schedule.

AB75-ASA1,1835,11 (3i) Collaborative nursing program. Of the moneys appropriated to the Board of Regents of the University of Wisconsin System under section 20.285 (1) (a) and (im) of the statutes, the board shall allocate a total of $170,000 in each fiscal year of the 2009-11 fiscal biennium for a collaborative nursing program operated by the University of Wisconsin–Rock County, the University of Wisconsin–Oshkosh, and Blackhawk Technical College.

AB75-ASA1,1835,18 (3q) Innovation Entrepreneurship Institute. Of the moneys appropriated to the Board of Regents of the University of Wisconsin System under section 20.285 (1) (s) of the statutes, as created by this act, for the 2009-10 and 2010-11 fiscal years, the board shall allocate $50,000 in each fiscal year to the Innovation Entrepreneurship Institute through the Environmental Management and Business Institute at the University of Wisconsin-Green Bay to promote green innovations symposia.

AB75-ASA1,1835,24 (3r) Faculty and academic staff furloughs. Notwithstanding sections 36.09 (1) (j), 36.13, 36.15, and 36.21 of the statutes and the administrative rules promulgated under the authority of those sections, the governor may require each member of the University of Wisconsin System faculty and academic staff, as defined in section 36.05 (1) and (8) of the statutes, to take up to 8 days or their equivalent of unpaid leave during each fiscal year of the 2009-11 fiscal biennium.

AB75-ASA1,1836,8 (4q) Agency request relating to Wisconsin Bioenergy Initiative. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purpose of the 2011-13 biennial budget bill, the Board of Regents of the University of Wisconsin System shall submit information concerning the appropriation under section 20.285 (1) (s) of the statutes, as created by this act, as though the amounts appropriated to the board under that appropriation for fiscal year 2010-11 were $60,000 more than the amounts in the schedule.

AB75-ASA1, s. 9155 Section 9155. Nonstatutory provisions; Veterans Affairs.

AB75-ASA1,1836,16 (1c) Primary mortgage loan servicing study. No later than October 1, 2010, the department of veterans affairs shall submit a report on the evaluation of the viability of servicing veterans primary mortgage loans at the department, including the staffing and services that would be needed, changes necessary in the loan origination and administrative procedures, and the costs and revenues of the proposal, to the legislature under section 13.172 (2) of the statutes, the joint committee on finance, and the governor.

AB75-ASA1,1837,2 (2q) Feasibility study for Kenosha County assisted living facility. From the appropriation account under section 20.485 (2) (u) of the statutes, as affected by this act, the department of veterans affairs shall provide $25,000 to Kenosha County as the state share of the cost of a feasibility study on constructing an assisted living facility on property adjacent to Brookside Care Center, Kenosha County, to serve veterans and Kenosha County residents in need of assistance with activities of daily living who wish to live as independently as possible. No money may be expended under this subsection until the secretary of the department of veterans affairs determines that Kenosha County is providing $25,000 as the county's share of the cost of the feasibility study.

AB75-ASA1, s. 9155m Section 9155m. Nonstatutory provisions; Wisconsin Quality Home Care Authority.

AB75-ASA1,1837,8 (1) Initial terms of Wisconsin Quality Home Care Authority board. Notwithstanding the length of terms specified for the members of the board of the Wisconsin Quality Home Care Authority specified in section 52.05 (1) (c) of the statutes, as created by this act, the initial members shall be appointed for the following terms:

AB75-ASA1,1837,11 (a) The members specified under section 52.05 (1) (c) 1. and 3. of the statutes, as created by this act, and 3 members specified under section 52.05 (1) (c) 9. of the statutes, as created by this act, for terms that expire on July 1, 2010.

AB75-ASA1,1837,14 (b) The members specified under section 52.05 (1) (c) 2., 4., and 6. of the statutes, as created by this act, and 4 members specified under section 52.05 (1) (c) 9. of the statutes, as created by this act, for terms that expire July 1, 2011.

AB75-ASA1,1837,17 (c) The members specified under section 52.05 (1) (c) 5., 7., and 8. of the statutes, as created by this act, and 4 members specified under section 52.05 (1) (c) 9. of the statutes, as created by this act, for terms that expire July 1, 2012.

AB75-ASA1,1837,21 (2) Initial chairperson of Wisconsin Quality Home Care Authority board. The secretary of the department of health services, or his or her designee, shall serve as the chairperson of the board until such time as the governor designates a member of the board to serve as its chair.

AB75-ASA1,1838,7 (3f) Existing home care organization board. Notwithstanding section 52.05 (1) of the statutes, as created by this act, the members of the board of an organization that received a grant under section 46.48 (9), 2007 stats., to provide services to consumers and providers of supportive home care and personal care that exists before the effective date of this subsection may serve on the board of directors of the Wisconsin Quality Home Care Authority for the remainder of their terms without need for appointment by the governor. If a member of the board of the organization elects to serve on the board of directors of the Wisconsin Quality Home Care Authority, he or she will serve in place of a board member specified in section 52.05 (1) (c) 9. of the statutes, as created by this act.

AB75-ASA1, s. 9156 Section 9156. Nonstatutory provisions; Workforce Development.

AB75-ASA1,1838,9 (1) Refugee assistance services transfer.

AB75-ASA1,1838,16 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of workforce development that are primarily related to refugee assistance services, including refugee cash and medical assistance; targeted assistance and employee training; refugee social services; older refugees; preventive health; health screening; interpreter training; and bilingual materials development, as determined by the secretary of administration, shall become the assets and liabilities of the department of children and families.

AB75-ASA1,1838,21 (b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees holding those positions in the department of workforce development performing duties that are primarily related to refugee assistance services, as determined by the secretary of administration, are transferred to the department of children and families.

AB75-ASA1,1839,2 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of children and families that they enjoyed in the department of workforce development 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.

AB75-ASA1,1839,7 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of workforce development that is primarily related to refugee assistance services, as determined by the secretary of administration, is transferred to the department of children and families.

AB75-ASA1,1839,14 (e) Pending matters. Any matter pending with the department of workforce development on the effective date of this paragraph that is primarily related to refugee assistance services, as determined by the secretary of administration, is transferred to the department of children and families. All materials submitted to or actions taken by the department of workforce development with respect to the pending matter are considered as having been submitted to or taken by the department of children and families.

AB75-ASA1,1839,21 (f) Contracts. All contracts entered into by the department of workforce development in effect on the effective date of this paragraph that are primarily related to refugee assistance services, as determined by the secretary of administration, remain in effect and are transferred to the department of children and families. The department of children and families shall carry out any obligations under those contracts unless modified or rescinded by the department of children and families to the extent allowed under the contract.

AB75-ASA1,1840,4 (g) Rules and orders. All rules promulgated by the department of workforce development in effect on the effective date of this paragraph that are primarily related to refugee assistance services, remain in effect until their specified expiration dates or until amended or repealed by the department of children and families. All orders issued by the department of workforce development in effect on the effective date of this paragraph that are primarily related to refugee assistance services, remain in effect until their specified expiration dates or until modified or rescinded by the department of children and families.

AB75-ASA1,1840,10 (1d) Prevailing wage applicability; legislative intent. The creation of sections 66.0903 (2) (c) and (d) and 103.49 (1m) (a) and (b) of the statutes is intended to restate, clarify, and affirm the intent, interpretation, and enforcement of sections 66.0903, 2007 stats., and 103.49, 2007 stats., with respect to the types of projects of public works described in those provisions. No expansion or other change in that intent, interpretation, or enforcement is intended by the creation of those provisions.

AB75-ASA1,1840,22 (2f) Day care provider collective bargaining. The terms of the Memorandum of Agreement between the department of health and family services and the department of workforce development and the Wisconsin Child Care Providers Together, American Federation of State, County and Municipal Employees, AFSCME Councils 40 and 48, AFL-CIO, entered into on July 21, 2008, remain in effect until the earlier of June 30, 2011, or the date on which a collective bargaining agreement is ratified between an employer under section 111.02 (7) (a) 4. of the statutes, as created by this act, and a labor organization representing employees under section 111.02 (6) (am) of the statutes, as created by this act. Upon ratification of the collective bargaining agreement, the collective bargaining agreement shall supersede the Memorandum of Agreement with regard to wages, hours, and conditions of employment of the employees.

AB75-ASA1, s. 9157 Section 9157. Nonstatutory provisions; Other.

AB75-ASA1,1840,25 (2f) Liability, representation, and expenses arising from agreements with Minnesota.

AB75-ASA1,1841,8 (a) For purposes of sections 893.80 and 895.46 of the statutes, any employee of the state of Minnesota performing services for this state pursuant to an agreement made under executive order number 272, dated January 13, 2009, is considered to have the same status as an employee of this state performing the same services for this state, and any employee of this state who performs services for the state of Minnesota pursuant to such an agreement is considered to have the same status as when performing the same services for this state in any action brought under the laws of this state.

AB75-ASA1,1841,14 (b) The department of justice shall represent any employee of the state of Minnesota who is named as a defendant in any action brought under the laws of this state as a result of performing services for this state under an agreement specified in paragraph (a) and any employee of this state who is named as a defendant as a result of performing services for the state of Minnesota under such an agreement in any action brought under the laws of this state.

AB75-ASA1,1841,19 (c) Any employe of the state of Minnesota who is named as a defendant and who is found liable as a result of performing services for this state under an agreement specified in paragraph (a) shall be indemnified by this state to the same extent as an employee of this state performing the same services for this state pursuant to section 895.46 of the statutes.

AB75-ASA1,1841,23 (d) Witness fees in any action specified in this subsection shall be paid in the same manner as provided in section 885.07 of the statutes. The attorney general may compromise and settle any action specified in this subsection in the same manner as provided in section 165.25 (6) (a) of the statutes.

AB75-ASA1,1841,24 (e) Paragraphs (a) to (d) do not apply after January 2, 2011.

AB75-ASA1,1842,5 (2g) Village of De Forest interest payments. From the appropriation under section 20.566 (2) (hm) of the statutes, the department of revenue shall make a one-time payment of $9,950 to the village of De Forest for interest costs incurred on borrowing by the village relating to a department oversight in recertifying the base value of the village's amended tax incremental financing district.

AB75-ASA1,1842,6 (2L) State agency contractual services spending.

AB75-ASA1,1842,10 (a) In this subsection, "agency" means an office, department, agency, institution of higher education, association, society, or other body in the executive branch of state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law.

AB75-ASA1,1842,17 (b) Each agency shall review its contractual services contracts for private contractors and consultants for the purpose of reducing spending for contractual services by an amount equal to 1 percent during the 2009-11 fiscal biennium. Before January 1, 2010, each agency shall submit a report to the joint committee on finance, specifying either how contractual services spending can be reduced to achieve the 1 percent expenditure reduction goal or why the agency is unable to reduce its contractual services expenditures to achieve the 1 percent expenditure goal.