2. The authorized FTE positions for the department of natural resources are decreased by 2.0 FED positions related to southern state forests funded from the appropriation under section 20.370 (1) (my) of the statutes.
3. The authorized FTE positions for the department of natural resources are decreased by 1.48 PR positions related to forestry funded from the appropriation under section 20.370 (8) (mk) of the statutes.
4. The authorized FTE positions for the department of natural resources are increased by 44.75 SEG positions funded from the appropriation under section 20.370 (1) (mv) of the statutes, as created by this act.
5. The authorized FTE positions for the department of natural resources are increased by 2.0 FED positions funded from the appropriation under section 20.370 (1) (mx) of the statutes, as created by this act.
18. There are authorized for the department of forestry 2.5 FTE SEG positions to be funded from the appropriation under section 20.375 (2) (sv) of the statutes, as affected by this act.
21. There are authorized for the department of forestry 1.48 FTE PR positions to be funded from the appropriation under section 20.375 (3) (tm) of the statutes, as created by this act.
22. There are authorized for the department of forestry 432.94 FTE SEG positions related to forestry to be funded from the appropriation under section 20.375 (2) (q) of the statutes, as created by this act.
23. There are authorized for the department of forestry 31.41 FTE SEG positions related to land program management to be funded from the appropriation under section 20.375 (2) (q) of the statutes, as created by this act.
24. There are authorized for the department of forestry 31.16 FTE SEG positions related to land facilities and lands to be funded from the appropriation under section 20.375 (2) (q) of the statutes, as created by this act.
25. There are authorized for the department of forestry 10.03 FTE SEG positions related to enforcement and science to be funded from the appropriation under section 20.375 (2) (q) of the statutes, as affected by this act.
26. There are authorized for the department of forestry 76.55 FTE SEG positions related to administration and technology to be funded from the appropriation under section 20.375 (2) (q) of the statutes, as created by this act.
27. There are authorized for the department of forestry 29.91 FTE SEG positions related to customer service to be funded from the appropriation under section 20.375 (2) (q) of the statutes, as created by this act.
28. There are authorized for the department of forestry 3.5 FTE FED positions to be funded from the appropriation under section 20.375 (2) (x) of the statutes, as created by this act.
(9zy) Appointment of forestry secretary; early appointment. Notwithstanding the effective date of the treatment of section 15.45 of the statutes by this act, the governor may nominate and with the advice and consent of the senate appoint, before July 1, 2002, the secretary of forestry to take office on July 1, 2002.
16,9139
Section 9139.
Nonstatutory provisions; public defender board.
(1) Misdemeanor offender diversion program. The public defender board, in consultation with the director of state courts and the Wisconsin District Attorneys Association, shall develop alternative charging and sentencing options for misdemeanor crimes in order to divert misdemeanor offenders from imprisonment, and shall submit a proposal describing the recommended options to the secretary of administration by July 1, 2002. The proposal shall address, among other topics, alternative charging and sentencing options for nonviolent crimes against property. If the secretary of administration approves the proposal, he or she shall submit the proposal to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of his or her submittal that the committee has scheduled a meeting for the purpose of reviewing the proposal, the public defender board and the director of state courts, in conjunction with the Wisconsin District Attorneys Association, shall implement the portions of the proposal that are permitted under state statutes or rules. If, within 14 working days after the date of the secretary's submittal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposal, the proposal may be implemented only upon approval of the committee.
(2q) Quarterly savings report. At the end of each quarter in fiscal years 2001-02 and 2002-03, the public defender board shall submit to the cochairpersons of the joint committee on finance a report of the amount of savings recognized by the public defender board during the previous 3 months. The public defender board shall request additional funding from the joint committee on finance in accordance with the method provided under section 13.10 of the statutes, if a shortfall occurs in any appropriation to the public defender board.
16,9140
Section 9140.
Nonstatutory provisions; public instruction.
(3q) Deaf and hard-of-hearing education council. Notwithstanding the length of term specified in section 15.377 (2) of the statutes, one of the initial members of the deaf and hard-of-hearing education council appointed under section 15.377 (2) (a) of the statutes, one of the initial members appointed under section 15.377 (2) (i) of the statutes, the initial member appointed under section 15.377 (2) (b) of the statutes, and the initial member appointed under section 15.377 (2) (c) of the statutes shall serve for terms expiring on July 1, 2002; the initial members appointed under section 15.377 (2) (d), (e), and (f) of the statutes and one of the initial members appointed under section 15.377 (2) (i) of the statutes shall serve for terms expiring on July 1, 2003; and the initial members appointed under section 15.377 (2) (g) and (h) of the statutes, one of the initial members appointed under section 15.377 (2) (a) of the statutes, and one of the members appointed under section 15.377 (2) (i) of the statutes shall serve for terms expiring on July 1, 2004.
(5w) Wisconsin Humanities Council. Notwithstanding sections 20.255 (2) (cf) and 115.366 (1) of the statutes, from the amount appropriated to the department of public instruction under section 20.255 (2) (cf) of the statutes in the 2001-02 fiscal year, the department shall pay $50,000 to the Wisconsin Humanities Council to organize and plan the Wisconsin Book Festival.
(6mk) Expenditure of federal funds. The department of public instruction shall expend $100,000 from the appropriation under section 20.255 (3) (mm) of the statutes before July 1, 2002, for the purposes of the grant program under Section 9149 (3mk) of this act.
(6w) After-school care grants program.
(a) A school board may apply to the state superintendent of public instruction for a grant to fund an after-school care program for pupils who are eligible to receive temporary assistance for needy families under
42 USC 601 to
619 and who would otherwise be unsupervised by an adult in the afternoon after school.
(b) The state superintendent of public instruction shall award grants from the appropriation under section 20.255 (2) (kn) of the statutes, as created by this act, and shall ensure, to the extent feasible, that the grants are evenly distributed among rural, suburban, and urban school districts.
(10f) Revenue limits. For the purpose of determining a school district's revenue limit in the 2002-03 school year, the department of public instruction shall exclude from the base the amount of state aid received, and property taxes levied, to pay the additional cost of 4-year-old kindergarten pupils who are not children with disabilities, as defined in section 115.76 (5) of the statutes, resulting from 2001 Wisconsin Act .... (this act), sections 2761d and 2761g.
(10fm) Joint legislative council study on special education. The joint council is requested to conduct a study of criteria to determine a pupil's need for special education services; the extent of the problem of providing special education services to violent pupils and recommendations on how to address the problem; the availability of alternative regular education programs that might be more appropriate for pupils currently enrolled in special education programs; the impact of statewide, standardized tests on referrals to special education; current training of special education teachers; special education funding; and whether it is possible to recover a larger percentage of medical assistance funds for the provision of special education services. If the joint legislative council conducts the study, it shall report its findings, conclusions, and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes by June 30, 2003.
(10k) Joint legislative council study on school financing. The joint legislative council is requested to conduct a study of school financing. If the joint legislative council conducts the study, it shall report its findings, conclusions, and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes by June 30, 2003.
16,9141
Section 9141.
Nonstatutory provisions; public lands, board of commissioners of.
(1p) Project position. Notwithstanding section 230.27 (1) of the statutes, 1.0 FTE project position that is authorized for the board of commissioners to perform duties related to submerged log activities and that terminates in September 2001 is extended to September 30, 2002, and the authorized FTE positions for the board of commissioners are increased by 1.0 PR project position until September 30, 2002, for the purpose of performing duties relating to submerged log activities.
16,9142
Section 9142.
Nonstatutory provisions; public service commission.
(2) Transitional provisions; water and sewer service to manufactured home parks. On the effective date of this subsection, each of the following applies:
(a) Assets and liabilities. The assets and liabilities of the public service commission primarily related to the regulation of water and sewer service provided to manufactured home parks, as determined by the secretary of administration, shall become the assets and liabilities of the department of commerce.
(b) Tangible personal property. All tangible personal property, including records, of the public service commission primarily related to the regulation of water and sewer service provided to manufactured home parks, as determined by the secretary of administration, is transferred to the department of commerce.
(c) Contracts. All contracts entered into by the public service commission in effect on the effective date of this paragraph that are primarily related to the regulation of water and sewer service provided to manufactured home parks, as determined by the secretary of administration, remain in effect and are transferred to the department of commerce. The department of commerce shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of commerce to the extent allowed under the contract.
(d) Rules and orders. All rules promulgated by the public service commission that are in effect on the effective date of this paragraph and that are primarily related to the regulation of water and sewer service provided to manufactured home parks, as determined by the secretary of administration, remain in effect until their specified expiration date or until amended or repealed by the department of commerce. All orders issued by the public service commission that are in effect on the effective date of this paragraph and that are primarily related to the regulation of water and sewer service provided to manufactured home parks, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the department of commerce.
(e) Pending matters. Any matter pending with the public service commission on the effective date of this paragraph and that is primarily related to the regulation of water and sewer service provided to manufactured home parks, as determined by the secretary of administration, is transferred to the department of commerce and all materials submitted to or actions taken by the public service commission with respect to the pending matter are considered as having been submitted to or taken by the department of commerce.
(2zq) Distributed generation rules.
(a) The public service commission shall submit in proposed form the rules required under section 196.496 (2) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes
no later than the first day of the 9th month beginning after the effective date of this paragraph.
(b) The public service commission shall create a committee under section 227.13 of the statutes to advise the commission with respect to promulgating the rules required under section 196.496 (2) of the statutes, as created by this act. The advisory committee shall consist of one employee each of the department of administration and the department of natural resources, designated by the secretaries of the respective departments, and members who represent interests regarding distributed generation facilities, including distributed generation equipment manufacturers and installers, customers, energy advocacy groups, utility workers, environmental groups, public utilities, and electric cooperative associations.
(3mk) Wisconsin Advanced Telecommunications Foundation assessments.
(a) In this subsection:
1. "Commission" means the public service commission.
2. "Endowment fund" means the fund established by the foundation under section 14.28 (2) (g), 1999 stats.
3. "Foundation" means the Wisconsin Advanced Telecommunications Foundation.
4. "Telecommunications provider" has the meaning given in section 196.01 (8p) of the statutes.
(b) No later than the first day of the 2nd month beginning after the effective date of this paragraph, the commission shall do each of the following:
1. Determine the total amount that the foundation solicited from each telecommunications provider for contribution to the endowment fund and the total amount that each telecommunications provider contributed to the endowment fund.
2. Assess against each telecommunications provider the difference, if any, between the amount solicited by the foundation and the amount contributed by the telecommunications provider, as determined under subdivision 1.
(c) A telecommunications provider shall pay an assessment made by the commission under paragraph (b) within 30 days after the commission mails the bill to the telecommunications provider. The bill constitutes notice of the assessment and demand for payment. Disputes over failure to pay the assessment shall be governed by section 196.85 (3) to (8), 1999 stats., except that any reference to a public utility shall refer instead to a telecommunications provider, and any reference to a bill rendered under section 196.85 (1) of the statutes, 1999 stats., shall refer instead to a bill rendered under this paragraph.
(d) A telecommunications provider may establish a surcharge on customers' bills to collect the amount of an assessment paid under paragraph (c), but only if the bills indicate that the surcharge is being assessed due to the telecommunications provider's failure to meet its responsibility to make contributions to the Wisconsin Advanced Telecommunications Fund.
16,9143
Section 9143.
Nonstatutory provisions; regulation and licensing.
(3c) Form for eye examinations and evaluations.
(a) By January 1, 2002, the medical examining board and the optometry examining board shall jointly develop a form to be used for eye examinations and evaluations under section 118.135 of the statutes, as created by this act. The form shall provide a place for the physician or optometrist to indicate whether follow-up care is recommended.
(b) By May 31, 2002, the department of regulation and licensing shall distribute the form to school districts and charter schools as provided under section 440.03 (16) of the statutes, as created by this act.
16,9144
Section 9144.
Nonstatutory provisions; revenue.
(1c) Study on promoting economic growth. The department of revenue shall study options for restructuring shared revenue to encourage high-growth sectors of the economy and the creation of high-quality jobs in this state. The study shall include considering using up to 10% of the amount distributed to counties and municipalities under section 79.03 of the statutes to match local efforts to encourage creation of high-quality jobs in this state; recommending ways to incorporate smart growth planning under section 16.965 of the statutes into the shared revenue program; and studying the feasibility of allowing towns to maintain their boundaries in exchange for shared revenue payments. No later than January 1, 2003, the department of revenue shall report the result of its study to the secretary of administration.
(1q) Estate tax; proposed legislation. If the federal government enacts any law that provides revenue to the state that is intended to offset any loss of estate tax revenue under chapter 72 of the statutes as a result of any federal law enacted in 2001, the department of revenue shall submit proposed legislation regarding modifications to the estate tax under chapter 72 of the statutes to the joint committee on finance. Proposed legislation submitted under this subsection may not, in conjunction with the fiscal effect of any federal law, result in any increase or decrease in total state tax revenues.
(2e) Shared revenue population adjustment.
(a) Notwithstanding section 79.005 (2) of the statutes, the population used for purposes of determining 2001 shared revenue payments for counties under section 79.03 of the statutes and 2001 county mandate relief payments under section 79.058 of the statutes shall be the population determined by the department of administration under section 16.96 of the statutes for the statements provided to counties in the year 2000 under section 79.015 of the statutes.
(b) Notwithstanding section 79.005 (2) of the statutes, the department of administration shall provide, to the best of its ability, 2001 and 2002 population estimates that are reconciled with the most recent federal decennial census to the department of revenue on or before August 1, 2001. The department of revenue shall use the reconciled estimates to prepare the statement of estimated 2002 county shared revenue payments and county mandate relief payments provided on or before September 15, 2001, under section 79.015 of the statutes.
(c) Notwithstanding section 79.005 (2) of the statutes, the department of administration shall provide, to the best of its ability, 2000 and 2001 population estimates that are reconciled with the most recent federal decennial census to the department of revenue on or before August 1, 2002. The department of revenue shall use the reconciled estimates to calculate corrections to 2001 county shared revenue payments and county mandate relief payments under section 79.08 of the statutes.
(2x) Volunteer income tax assistance program. The department of revenue shall, in undertaking the program described in section 73.03 (56) of the statutes, as created by this act, work with the Internal Revenue Service and the University of Wisconsin-Extension to recruit
sufficient volunteers to meet the demand, no later than January 1, 2002, for the volunteer income tax assistance program.
(2z) Study on moving tax-processing activities. The department of revenue shall study the feasibility of moving its tax-processing activities in Madison to a location in southwestern Wisconsin. No later than January 1, 2003, the department of revenue shall report the results of its study to the governor and the legislature.
(3z) Adoption of federal income tax law changes. Changes to the Internal Revenue Code made by P.L.
106-554 apply to the definitions of the "Internal Revenue Code" in chapter 71 of the statutes at the time that those changes apply for federal income tax purposes.
(4p) Lottery and gaming property tax credit.
(a) Notwithstanding section 79.10 (10) (bm) and (bn) of the statutes, as affected by this act, and section 79.10 (10) (bm) 2. of the statutes, as created by this act, a person who was eligible for a credit under section 79.10 (9) (bm), 1999 stats., or under section 79.10 (10) (bn), 1999 stats., related to the 2000 property tax assessment, but who did not receive the credit, may claim the credit by applying to the department of revenue in the manner specified under section 79.10 (10) (bm) 2. of the statutes, as created by this act, no later than October 1, 2001.
(b) Notwithstanding section 79.10 (10) (bm) and (bn) of the statutes, as affected by this act, and section 79.10 (10) (bm) 2. of the statutes, as created by this act, the department of revenue shall pay, from the appropriation under section 20.835 (3) (s) of the statutes, as created by this act, all eligible claims under section 79.10 (9) (bm), 1999 stats., or under section 79.10 (10) (bn), 1999 stats., related to the 1999 property tax assessment that the department received no later than October 1, 2001.
16,9146
Section 9146.
Nonstatutory provisions; state fair park board.
(1) State fair park police services.
(a) On the effective date of this paragraph, 6.0 full-time equivalent positions in the state fair park board having duties primarily related to the state fair park police and the incumbents in those positions, as determined by the secretary of administration, are transferred to the department of administration.
(b) Employees transferred under paragraph (a) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that they enjoyed in the state fair park 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.
16,9147
Section 9147.
Nonstatutory provisions; supreme court.
(1n) Court interpreter program. The authorized FTE positions for the supreme court are increased by 1.0 GPR project position, for a 2-year period beginning on the first day of the 2nd month beginning after publication, to be funded from the appropriation under section 20.680 (2) (a) of the statutes, for the purpose of developing and administering a court interpreter testing and training program.
16,9148
Section 9148.
Nonstatutory provisions; technical college system.
(1f) Truck driver training center. The director of the technical college system shall determine the opening date of the truck driver training center at Waukesha County Technical College and notify the director of state courts of that date. The technical college system board may not award grants for truck driver training under section 38.04 (31) of the statutes, as created by this act, until the first day of the 12th month beginning after the date of that notice.
16,9149
Section 9149.
Nonstatutory provisions; technology for educational achievement in Wisconsin board.
(3mk) Internet data line grant program. From the appropriation under section 20.275 (1) (i) of the statutes, the technology for educational achievement in Wisconsin board shall, in consultation with the department of public instruction, award grants in the 2001-02 fiscal year to public library boards on behalf of public libraries that did not have access to high-speed Internet data lines as of May 1, 2001. Grants awarded under this subsection may be used for infrastructure, wiring, communications hardware, and computer and access costs associated with the installation and use of high-speed Internet data lines in public libraries.
16,9151
Section 9151.
Nonstatutory provisions; tourism.
(1mk) Grant for moving historic home. From the appropriation under section 20.380 (1) (b) of the statutes, as affected by this act, the department of tourism shall provide a grant of $35,000 in fiscal year 2001-02 to the New Berlin Historical Society for costs associated with moving the Theodora Winton Youmans home to the New Berlin historic park. The department of tourism shall enter into an agreement with the New Berlin Historical Society that specifies the uses for the grant proceeds and reporting and auditing requirements.
(2ht) Heritage tourism program. The authorized FTE positions for the department of tourism are increased by 1.0 PR position, to be funded from the appropriation under section 20.380 (1) (kg) of the statutes, as affected by this act, for operation of the heritage tourism program under section 41.19 of the statutes, as affected by this act.
16,9152
Section 9152.
Nonstatutory provisions; transportation.
(2) Position authorization; employee transfer.
(a) The authorized FTE positions for the department of transportation are decreased by 1.0 SEG position for the performance of duties primarily related to printing services.
(b) On the effective date of this paragraph, 1.0 FTE position in the department of transportation performing duties primarily related to printing services and the incumbent employee holding that position, as determined by the secretary of administration, are transferred to the department of administration. The employee transferred under this paragraph has all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that the employee enjoyed in the department of transportation 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.
(2cd) Allocation of expenditure reductions; lapses to transportation fund.
(a) Within 30 days of the final credits by the department of employee trust funds to appropriations of the department of transportation to implement
1999 Wisconsin Act 11, section
27 (1) (b) 1., for the payment of contributions under the Wisconsin retirement system, the department of transportation shall submit a plan
to the joint committee on finance that does all of the following:
1. Allocates reductions of $3,530,800 in fiscal year 2001-02 among program revenue, program revenue-service, segregated fund revenue, and segregated fund revenue-service appropriations, as defined in section 20.001 (2) (b), (c), (d), and (da) of the statutes, under section 20.395 of the statutes, as affected by this act, less any amount lapsed in fiscal year 2000-01 as a result of any credits by the department of employee trust funds to the department of transportation's appropriations to implement such act.
2. Allocates reductions of $800,000 in each fiscal year of the 2001-03 fiscal biennium from among the appropriations under section 20.395 (3) (iq) and (5) (cq) and (dq) of the statutes; the appropriation under section 20.395 (4) (aq) of the statutes, as affected by this act; and, from moneys associated with delivery costs of the department of transportation, the appropriations under section 20.395 (3) (cq) and (eq) of the statutes, as affected by this act, and the appropriation under section 20.395 (3) (bq) of the statutes.
(b) The plan submitted under paragraph (a) shall require all of the following:
