2. The department of administration submits a report to the joint committee on finance that does all of the following:
a. Discusses the measures that the department of administration will take during the biennial budget process in fiscal biennia occurring after the 2001-03 fiscal biennium to ensure that the legislature is provided sufficient information to review any assessments that a state agency plans to make against other state agencies for the operation of any information processing system.
b. Specifies how state agencies are to fund any unbudgeted assessment costs imposed by the department of employment relations during the 2001-03 fiscal biennium for operating the shared human resources system.
c. Explains why the costs for operating the shared human resources system were not budgeted for state agencies during the 2001-03 fiscal biennium if it was the intention of the department of administration that the department of employment relations was to assess such costs against state agencies.
(1x) Voting system transitional assistance. Notwithstanding section 13.101 (3) (a) of the statutes, if the elections board requests a supplemental appropriation from the joint committee on finance for the purpose of providing voting system transitional assistance under section 7.08 (7) of the statutes, as created by this act,
or Section 9115 (1x) of this act, no finding of emergency is required. Notwithstanding sections 13.10 and 13.101 (3) of the statutes, if the elections board requests a supplemental appropriation under this subsection, and the cochairpersons of the joint committee on finance do not notify the elections board that a meeting of the committee has been scheduled to discuss the request within 14 working days of the date that the request is made, the request is considered to be approved by the committee.
16,9131
Section 9131.
Nonstatutory provisions; justice.
(2c) Automated fingerprint identification system grant. The department of justice may award automated fingerprint identification system grants to local law enforcement agencies in fiscal year 2001-02 from the appropriation under section 20.455 (2) (kh) of the statutes, as created by this act. Local law enforcement agencies may use funds awarded under this subsection only for the purchase of automated fingerprint identification system work stations or to cover the cost of installing Badgernet lines for work stations. Each local law enforcement agency that receives a grant under this subsection shall enter into an agreement with the department of justice regarding the duties and obligations of the agency and of the department with respect to use of automated fingerprint identification system work stations and regarding use of, and access to, the state automated fingerprint identification system and to other criminal records databases. The department of justice shall establish grant eligibility standards and procedures for administering the grant program under this subsection.
16,9132
Section 9132.
Nonstatutory provisions; legislature.
(1q) High-capacity well study. The joint legislative council shall study the issues raised by high-capacity wells in this state.
(2ak) Procurement services audit. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a performance evaluation audit of the procurement services provided by the department of administration to state agencies, which includes evaluating the accuracy of assessments imposed under section 16.71 (6) of the statutes, as created by this act. If the legislative audit bureau performs the audit, it shall file
its report as described in section 13.94 (1) (b) of the statutes by January 1, 2004.
(2x) Study of impacts of groundwater usage. The joint legislative council is requested to conduct a study of the need to modify this state's laws to address the impacts of groundwater usage. If the joint legislative council conducts the study, it shall include on the study committee members that have interests in agriculture, surface water usage, business, and relevant science, including experts from the U.S. geological survey, the Wisconsin geological and natural history survey, and the Central Wisconsin Groundwater Center at the University of Wisconsin-Stevens Point.
(2z) Audit of geographic information systems mapping services. The joint legislative audit committee is requested to, and may, direct the legislative audit bureau to perform a performance evaluation audit of the geographic information systems mapping services provided by the department of natural resources. The audit shall include an analysis of the degree to which the services offered by the department of natural resources compete with the services offered by private businesses and an analysis of whether it is most cost-effective for those services to be provided by the department of natural resources or by private businesses. If the committee directs the legislative audit bureau to perform an audit, the bureau shall file its report as described in section 13.94 (1) (b) of the statutes.
(3v) Evaluation of credentialing fees. The joint legislative audit committee is requested to, and may, direct the legislative audit bureau to evaluate the methodologies used by the department of regulation and licensing for recalculating administrative and enforcement costs under section 440.03 (9) (a) of the statutes and recommending changes to fees for issuing and renewing credentials under section 440.03 (9) (b) of the statutes. An evaluation under this subsection shall determine whether the methodologies are adequately documented and administered in a straightforward manner, whether they represent the actual costs associated with the department's regulation of credential holders, and whether they provide sufficient revenues to support the department's operations. If the committee directs the legislative audit bureau to perform an evaluation under this subsection, the bureau shall, no later than June 30, 2002, file its report as described in section 13.94 (1) (b) of the statutes.
(3w) Audit of the estate recovery program. The joint legislative audit committee is requested to direct the legislative audit bureau to perform a financial and performance evaluation audit of the estate recovery program in the department of health and family services. The audit shall include information on the amount of moneys recovered from nursing homes, for personal care and home health services, and under the community options
program, the medical assistance program, and the community-based waiver programs, and shall specify the amount of moneys recovered by the size of estate. If the committee directs the legislative audit bureau to perform an audit, the bureau shall file its report as described under section 13.94 (1) (b) of the statutes.
(3x) Wisconsin advanced telecommunications foundation funds. If the secretary of administration notifies the cochairpersons of the joint committee on finance under Section 9101 (10) (a) (intro.) of this act that the Wisconsin Advanced Telecommunications Foundation has made a grant to the state in an amount less than $13,465,100, the joint committee on finance shall determine the purposes for which the grant may be expended pursuant to section 13.101 (3) of the statutes or pursuant to section 13.101 (4) of the statutes, as affected by this act.
(3xx) Accumulated unused sick leave credit conversion study.
(a) The joint survey committee on retirement systems shall study the issue of allowing participants in the Wisconsin retirement system who have terminated covered employment and who have at least 25 years of creditable service under the Wisconsin retirement system, but who are not eligible to receive an immediate annuity under the Wisconsin retirement system at the time that they terminate covered employment, to be able to convert their accumulated unused sick leave into credits for the payment of health insurance premiums under section 40.05 (4) (b) of the statutes on the date on which the department of employee trust funds receives the participant's application for a retirement annuity or for a lump sum payment under section 40.25 (1) of the statutes. The departments of employment relations and employee trust funds shall provide any information requested by the joint survey committee on retirement systems. The joint survey committee on retirement systems shall submit the results of the study and recommendations to the department of employment relations no later than January 1, 2002.
(b) No later than 30 days after receiving the results of the study and recommendations submitted under paragraph (a), the department of employment relations shall submit proposed legislation incorporating the recommendations to the joint committee on employment relations.
(3y) Audit of state aircraft usage. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a performance evaluation audit of aircraft usage by state agencies. If the legislative audit bureau performs the audit, the bureau is requested to include an evaluation of whether the current number of aircraft owned by the state is appropriate. If the legislative audit bureau performs the audit, it shall file its report as described under section 13.94 (1) (b) of the statutes by January 1, 2003.
(3z) Qualified interpreter definition study. The joint legislative council is requested to study a potential definition of "qualified interpreter", for the purpose of appointments in court proceedings and contested administrative case proceedings. If the joint legislative council conducts the study, it shall report its findings and conclusions to the legislature in the manner provided under section 13.172 (2) of the statutes.
(4b) Jury selection study and report. The joint legislative council is requested to study how juries are selected, including what actions are needed to increase the participation of racial and ethnic minorities on juries so that juries reflect the racial and ethnic composition of the areas from which the juries were selected. If the joint legislative council conducts the study, it shall report its findings and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes.
(4m) Evaluation and report to legislature. By October 1, 2004, the legislative audit bureau shall evaluate, on a quantitative and qualitative basis, the success of restorative justice programming in Milwaukee county and the county selected under section 978.044 (4) of the statutes, as created by this act, in serving victims, offenders, and communities affected by crime and shall report its findings to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under section 13.172 (3) of the statutes.
(4z) Study on new economy. The joint legislative council is requested to conduct a study on how the state government, the state's research universities, and the state's business community can foster economic development in this state by assisting and developing businesses and industries that are based on science and technology. If the joint legislative council conducts the study, the joint legislative council shall report its findings, conclusions, and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes by January 1, 2002, and shall include in its report recommendations relating to all of the following:
(a) Ways to increase the number and percentage of jobs in this state in businesses and industries that are based on science and technology.
(b) Ways to increase the average earnings of employees employed in this state in businesses and industries that are based on science and technology.
(c) Ways to increase the amount of venture capital invested in this state and the amount spent on research and development in this state.
(d) Ways to increase the number of homes in this state that have computers and access to the Internet.
(e) A strategy to bring the best and brightest researchers to this state.
(5q) Audit of the division of international and export development. The joint legislative audit com
mittee is requested to direct the legislative audit bureau to perform a financial and performance evaluation audit of the division of international and export development in the department of commerce. The audit shall examine the general operations of the division. If the committee directs the legislative audit bureau to perform the audit under this subsection, the bureau shall file its report as described in section 13.94 (1) (b) of the statutes by January 1, 2003.
16,9137
Section 9137.
Nonstatutory provisions; natural resources.
(1) Dry cleaner environmental response program deductible. The department of natural resources shall identify any award made under section 292.65 of the statutes using the deductible under section 292.65 (8) (e) 3., 1999 stats., and recalculate the award using the deductible under section 292.65 (8) (e) of the statutes, as affected by this act. Before July 1, 2002, the department shall pay to the recipient the difference between the amount of the original award and the amount as recalculated under this subsection.
(1k) Recycling efficiency incentive grants. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2003-05 biennial budget bill, the department of natural resources shall submit information concerning the appropriation under section 20.370 (6) (bv) of the statutes, as created by this act, as though the amount appropriated to the department under that appropriation for fiscal year 2002-03 were $7,600,000.
(1kL) Emergency rules for recycling pilot program. Using the procedure under section 227.24 of the statutes, the department of natural resources may promulgate as emergency rules the rules required under section 287.11 (4) (a) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect until December 31, 2005. Notwithstanding section 227.24 (1) (a) 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 public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(1km) Recycling position authorization. The authorized FTE positions for the department of natural resources are increased by 1.0 SEG position to be funded from the appropriation under section 20.370 (2) (hq) of the statutes, for recycling program administration.
(1x) Applicability of high-capacity well requirements. The treatment of section 281.17 (1) (c) of the statutes applies to an approval issued by the department of natural resources under section 281.17 of the statutes on or after September 1, 2000. The department of natural resources shall modify an approval issued by
the department of natural resources under section 281.17 of the statutes on or after September 1, 2000, in order to incorporate into the approval the condition required under section 281.17 (1) (c) 1. of the statutes, as created by this act.
(2) Fox River Navigational System Authority; initial terms. Notwithstanding the length of terms of the members of the board of directors of the authority specified in section 237.02 (1) (a) of the statutes, as created by this act, the initial members shall be appointed for the following terms:
(a) Three members for a term that expires on July 1, 2004.
(b) Three members for a term that expires on July 1, 2005.
(2g) Nonpoint source positions. The authorized FTE positions for the department of natural resources are increased by 5.5 SEG positions, funded by the appropriation under section 20.370 (3) (mt) of the statutes, to reflect the transfer of funding for nonpoint source water pollution control to the environmental fund.
(2h) Nonpoint source administration. The authorized FTE positions for the department of natural resources are increased by 8.0 SEG positions, funded by the appropriation under section 20.370 (4) (mr) of the statutes, to reflect the transfer of funding for nonpoint source water pollution control to the environmental fund.
(2t) Computer accessible water resource management information.
(a) During the 2001-03 fiscal biennium, the department of natural resources may submit to the joint committee on finance a proposal concerning the continued development of a system to provide computer accessible water resource management information.
(b) If the cochairpersons of the committee do not notify the department within 14 working days after the date of any submittal under paragraph (a) that the committee has scheduled a meeting for the purpose of reviewing the proposal, the appropriation under section 20.370 (4) (aq) of the statutes, as affected by this act, is supplemented by $100,000 for fiscal year 2002-03, from the appropriation account under section 20.865 (4) (u) of the statutes, and the appropriation under section 20.370 (4) (ax) of the statutes, as created by this act, is supplemented by $100,000 for fiscal year 2002-03, from the appropriation account under section 20.865 (4) (u) of the statutes, for the purpose of implementing the proposal. If, within 14 working days after the date of the submittal under paragraph (a), the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposal and if the committee approves the proposal, the committee may, from the appropriation under section 20.865 (4) (u) of the statutes, supplement the appropriation under section 20.370 (4) (aq) of the statutes, as affected by this act, by an amount not to exceed $100,000 for fiscal year 2002-03 and may supplement the appropriation under section 20.370 (4) (ax) of the statutes, as created by this act, by an amount not to exceed $100,000 for fiscal year 2002-03 for the purpose of implementing the proposal. Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists.
(4p) Sparta overpass. During the 2001-03 fiscal biennium, the department of natural resources shall provide $124,000 from the appropriation under section 20.370 (5) (cz) of the statutes, as created by this act, to the city of Sparta in Monroe County for construction of the snowmobile-bicycle-pedestrian overpass over I 90 specified in Section 9152 (4k) of this act.
(4x) Recreational fishing pier. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, the department of natural resources shall provide $80,000 in fiscal year 2001-02 to the village of Whiting in Portage County for the construction of a recreational fishing pier on the Plover River that is accessible to persons with disabilities.
(4y) Report on administrative funding.
(a) The department of natural resources shall prepare a report that does all of the following:
1. Explains the department's rationale for the manner in which the department distributes the obligation to pay for the department's administrative costs among the department's programs and revenue sources.
2. Presents arguments to support the position that the distribution specified in subdivision 1. is equitable in spite of the fact that some of the revenues collected by the department from approval, user, registration, and similar fees are not expended for programs that relate to the purposes for which the fees were paid.
3. Presents alternatives to the distribution specified in subdivision 1. that the department believes may result in a more equitable distribution.
(b) The department of natural resources shall submit the report prepared under paragraph (a) to the joint committee on finance no later than March 1, 2002.
(4z) Report on concessions in state parks. The department of natural resources shall undertake an analysis of the operation and profitability of concession operations in the state parks as those operations exist on the effective date of this subsection and shall investigate the option of providing these concession operations by contracting with the private sector. The department shall prepare a report consisting of the results of the department's analysis and investigation and shall submit the report to the governor and to the joint committee on finance no later than October 1, 2002.
(5e) Wausau Whitewater Course. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, the department of natural resources shall provide $50,000 in fiscal year 2001-02 to an organization that is known as the Wausau Kayak/Ca
noe Corporation to upgrade that part of the Wisconsin River in the city of Wausau that is known as the Wausau Whitewater Course.
(5mk) Great Lakes Forestry Museum.
(a) In fiscal year 2001-02, from the appropriation under section 20.370 (5) (aw) of the statutes, as affected by this act, the department of natural resources shall award a grant in an amount not to exceed $150,000 to an organization known as the Great Lakes Forestry Museum to develop a facility in the city of Rice Lake for educating the public about the history of forestry and logging in this state. In fiscal year 2002-03, from the appropriation under section 20.375 (2) (rq) of the statutes, as created by this act, the department of forestry shall award a grant in an amount not to exceed $150,000 to the same organization for the same purpose. The amount of the funding shall be equal to the amount of contributions towards the facility from funding sources other than this state.
(b) Within 6 months after spending the full amount of the grants under paragraph (a), the organization shall submit to the department of natural resources and the department of forestry a report detailing how the grant proceeds were used.
(5vv) Urban forestry grant for Winnebago County. From the appropriation under section 20.370 (5) (bw) of the statutes, as affected by this act, and notwithstanding the limitation under section 23.097 (1) of the statutes that urban forestry grants be awarded to cities and villages, the department of natural resources shall provide $37,500 in fiscal year 2001-02 to Winnebago County to provide funding to Winnebago County under section 23.097 of the statutes, as affected by this act.
(5vw) Urban forestry grant for Outagamie County. From the appropriation under section 20.370 (5) (bw) of the statutes, as affected by this act, and notwithstanding the limitation under section 23.097 (1) of the statutes that urban forestry grants be awarded to cities and villages, the department of natural resources shall provide $37,500 in fiscal year 2001-02 to Outagamie County to provide funding to Outagamie County under section 23.097 of the statutes, as affected by this act.
(5vx) Urban forestry grant for Burnett County. From the appropriation under section 20.370 (5) (bw) of the statutes, as affected by this act, and notwithstanding the limitation under section 23.097 (1) of the statutes that urban forestry grants be awarded to cities and villages, the department of natural resources shall provide $25,000 in fiscal year 2001-02 to Burnett County to provide funding to Burnett County under section 23.097 of the statutes, as affected by this act.
(5vy) Urban forestry grant for Waupaca. From the appropriation under section 20.370 (5) (bw) of the statutes, as affected by this act, the department of natural resources shall provide $15,000 in fiscal year 2001-02 and from the appropriation under section 20.375 (2) (w) of the statutes, as affected by this act, the department of forestry shall provide $15,000 in fiscal year 2002-03 to the city of Waupaca for a tree planting demonstration project.
(5x) Urban forestry grant for Milwaukee. From the appropriation under section 20.370 (5) (bw) of the statutes, as affected by this act, the department of natural resources shall provide $150,000 in fiscal year 2001-02 and from the appropriation under section 20.375 (2) (w) of the statutes, as affected by this act, the department of forestry shall provide $150,000 in fiscal year 2002-03 to the city of Milwaukee for a tree planting demonstration project.
(5y) Urban forestry grant for Racine. From the appropriation under section 20.370 (5) (bw) of the statutes, as affected by this act, the department of natural resources shall provide $15,000 in fiscal year 2001-02 and from the appropriation under section 20.375 (2) (w) of the statutes, as affected by this act, the department of forestry shall provide $15,000 in fiscal year 2002-03 to the city of Racine for a tree planting demonstration project.
(5z) Wisconsin Conservation Hall of Fame. From the appropriation under section 20.370 (5) (ak) of the statutes, as created by this act, the department of natural resources shall provide, in fiscal year 2001-02, a total of $10,000 to the Wisconsin Conservation Hall of Fame Foundation, Inc., for the Wisconsin Conservation Hall of Fame.
(6f) Study on wild cranes. From the appropriation under section 20.370 (1) (kk) of the statutes, as created by this act, the department of natural resources shall provide in fiscal year 2001-02 a total of $
30,000 and in fiscal year 2002-03 a total of $30,000 to the University of Wisconsin System and the International Crane Foundation jointly for a study of crop damage caused in this state by cranes.
(6g) Root River dredging project. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, and before applying the percentages under section 30.92 (4) (b) 6. of the statutes, the department of natural resources shall provide to the city of Racine the amount necessary for the dredging of the Root River from the city of Racine to Lake Michigan, in an amount not to exceed $104,000. The city of Racine need not contribute any moneys to match the amount provided from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act. Notwithstanding section 30.92 (4) (b) 7. or 8. a. of the statutes, as affected by this act, the dredging project specified under this subsection qualifies as a recreational boating project for the purpose of providing moneys under this subsection. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes. This subsection does not apply after June 30, 2003.
(7f) Oconto River dredging project. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, and before applying the percentages under section 30.92 (4) (b) 6. of the statutes, the department of natural resources shall provide to the city of Oconto the amount that is necessary for the dredging of a portion of the Oconto River, in an amount not to exceed $386,000. The city of Oconto need not contribute any moneys to match the amount provided from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act. Notwithstanding section 30.92 (4) (b) 7. or 8. a. of the statutes, as affected by this act, the dredging project specified under this subsection qualifies as a recreational boating project for the purpose of providing moneys under this subsection. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes. This subsection does not apply after June 30, 2003.
(8c) Janesville riverfront parkway development project. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, the department of natural resources shall provide $250,000 to the city of Janesville for a project to develop a riverfront parkway that includes the development of a marina with a boat launch and transient boat slips. The amount expended under this subsection shall be considered an expenditure for an inland water project under section 30.92 (4) (b) 6. of the statutes. The city of Janesville need not contribute any moneys to match the amount provided from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act. Notwithstanding section 30.92 (4) (b) 4., 7., or 8. of the statutes, as affected by this act, the project specified under this subsection qualifies as a recreational boating project for the purpose of providing moneys under this subsection. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes. This subsection does not apply after June 30, 2003.
(8d) Manitowoc River project. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, and before applying the percentages under section 30.92 (4) (b) 6. of the statutes, the department of natural resources in fiscal year 2001-02 shall provide $340,000 to the city of Manitowoc to dredge the Manitowoc River in the area where the submarine U.S.S. Cobia is moored and to make dock wall repairs and improvements to that mooring area. The city of Manitowoc need not contribute any moneys to match the amount provided from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act. Notwithstanding section 30.92 (4) (b) 7. or 8. a. of the statutes, as affected by this act, the dredging project specified under this subsection qualifies as a recreational boating project for the purpose of providing moneys under this subsection. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes. This subsection does not apply after June 30, 2002.
(8k) Menominee River boat launch improvements. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, and before applying the percentages under section 30.92 (4) (b) 6. of the statutes, the department of natural resources shall provide to the city of Marinette the amount necessary for improvements to boat launching facilities, including parking lots, that provide access to the Menominee River, in an amount not to exceed $242,600. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes. This subsection does not apply after June 30, 2003.
(8m) Perrot State Park bridge study. The department of natural resources shall study the feasibility and desirability of constructing a bridge at Perrot State Park in the town of Trempealeau that would provide safe access by park users to Trempealeau Mountain. No later than June 30, 2002, the department shall submit a report to the legislature concerning the results of the study in the manner provided under section 13.172 (2) of the statutes.
(8mk) Atlas Mill renovation. From the appropriation under section 20.370 (5) (ax) of the statutes, as created by this act, the department of natural resources shall provide $250,000 in fiscal year 2001-02 to an organization known as the Paper International Hall of Fame, Inc., to renovate the facility known as the Atlas Mill located in the city of Appleton into a facility to be known as the World Paper Center.
(8q) Lake management grant for Fish Lake. From the appropriation under section 20.370 (6) (ar) of the statutes, the department of natural resources during fiscal year 2001-02 shall provide a lake management grant of $200,000 to Dane County for water quality and lake level improvements for Fish Lake and Mud Lake in Dane County and Crystal Lake located in both Dane County and Columbia County. The 75% limitation under section 281.69 (2) (a) of the statutes does not apply to this grant.
(9n) Southeastern Wisconsin Fox River commission. The department of natural resources shall provide in fiscal year 2001-02, from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, $200,000 for the Southeastern Wisconsin Fox River commission. The commission may use these funds for its activities authorized under subchapter VI of chapter 33 of the statutes and for providing matching funding for any grants that the commission may be able to obtain.
(9zw) Transfer of the division of forestry to the department of forestry.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of natural resources that are primarily related to the functions of the division of forestry, as determined by the secretary of administration, shall become the assets and liabilities of the department of forestry. If either department is dissatisfied with the secretary's determination, that department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.
(b) Employee transfers.
1. All incumbent employees holding positions in the department of natural resources relating primarily to the functions of the division of forestry, as determined by the secretary of administration, are transferred on the effective date of this subdivision to the department of forestry. If either department is dissatisfied with the secretary's determination, that department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.
2. The secretary of administration shall determine which incumbent employees holding positions in the department of natural resources that relate primarily to general administration and program support will be transferred to the department of forestry. If either department is dissatisfied with the secretary's determination, that department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.
(c) Employee status. Employees transferred under paragraph (b) shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of forestry that they enjoyed in the department of natural resources 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.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of natural resources that is primarily related to the functions of the division of forestry, as determined by the secretary of administration, shall be transferred to the department of forestry. If either department is dissatisfied with the secretary's determination, that department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.
(e) Contracts. All contracts entered into by the department of natural resources in effect on the effective date of this paragraph that are primarily related to the functions of the division of forestry, as determined by the secretary of administration, remain in effect and are transferred to the department of forestry. If either department is dissatisfied with the secretary's determination, that department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision. The department of forestry shall carry out any such contractual obligations unless modified or rescinded by the department of forestry to the extent allowed under the contract.
(f) Rules and orders. All rules promulgated by the department of natural resources that are primarily related to the functions of the division of forestry, as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of forestry. All orders issued by the department of natural resources that are primarily related to the functions of the division of forestry, as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of forestry. If either department is dissatisfied with the secretary's determination, that department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.
(g) Pending matters. Any matter pending with the department of natural resources on the effective date of this paragraph that is primarily related to the functions of the division of forestry, as determined by the secretary of administration, is transferred to the department of forestry and all materials submitted to or actions taken by the department of natural resources with respect to the pending matter are considered as having been submitted to or taken by the department of forestry. If either department is dissatisfied with the secretary's determination, that department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.
(h) Position changes.
1. The authorized FTE positions for the department of natural resources are decreased by 3.5 FED positions related to forests funded from the appropriation under section 20.370 (1) (my) of the statutes.
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.
