Wisconsin Legislature: 33,9153

(b) For the purpose of determining a school district's revenue limit in the 2003-04 school year, the department of public instruction shall reduce the base in proportion to the change in the average of the number of pupils enrolled in 2000, 2001, and 2002 resulting from counting 4-year-old kindergarten pupils under section 121.004 (7) (c) and (cm) of the statutes, as affected by this act, instead of under section 121.004 (7) (c) and (cm), 2001 stats.

33,9145 Section 9145. Nonstatutory provisions; revenue.

(1f) Tax appeals commission. Notwithstanding section 15.105 (1) of the statutes, the governor may not appoint a tax appeals commissioner to fill a vacancy for the term ending on March 1, 2009, until after June 30, 2005.

(1x) Adoption of federal income tax law changes. Changes to the Internal Revenue Code made by P.L. 107-134, P.L. 107-147, excluding sections 101 and 406 of P.L. 107-147, and P.L. 107-181 apply to the definitions of "Internal Revenue Code" in chapter 71 of the statutes at the time that those changes apply for federal income tax purposes.

33,9146 Section 9146. Nonstatutory provisions; secretary of state.

(1x) Elimination of deputy secretary of state. The authorized FTE positions for the office of the secretary of state, funded from the appropriation under section 20.575 (1) (g) of the statutes, are decreased by 1.0 PR position on the effective date of this subsection for the purpose of eliminating the position of deputy secretary of state.

33,9149 Section 9149. Nonstatutory provisions; technical college system.

(1x) Technical preparation, school-to-work, and work-based learning programs.

(a) The authorized FTE positions for the technical college system board, funded from the appropriation under section 20.292 (1) (kx) of the statutes, as affected by this act, are increased by 2.2 PR positions on the effective date of this paragraph for the purpose of administering the technical preparation, school-to-work, and work-based learning programs under section 38.40 of the statutes, as affected by this act.

(b) The authorized FTE positions for the technical college system board, funded from the appropriation under section 20.292 (1) (m) of the statutes are increased by 7.85 FED positions on the effective date of this paragraph for the purpose of administering the technical preparation, school-to-work, and work-based learning programs under section 38.40 of the statutes, as affected by this act.

33,9150 Section 9150. Nonstatutory provisions; technology for educational achievement in Wisconsin board.

(1d) Transfer of duties from the technology for educational achievement in Wisconsin board.

(a) Outstanding loans. On the effective date of this paragraph, all loans made under section 44.72 (4) (b), 2001 stats., shall be assigned to the department of administration. The department of administration shall take all actions that are necessary for the effective assignment of those loans, including providing notification of that assignment to all persons liable for repayment of those loans.

(b) Positions and employees.

1. The authorized FTE positions for the technology for educational achievement in Wisconsin board, funded from the appropriation under section 20.275 (1) (a), 2001 stats., are decreased by 1.0 GPR position on the effective date of this subdivision for the purpose of eliminating that board.

2. The authorized FTE positions for the technology for educational achievement in Wisconsin board, funded from the appropriation under section 20.275 (1) (g), 2001 stats., are decreased by 0.5 PR position on the effective date of this subdivision for the purpose of eliminating that board.

3. The authorized FTE positions for the technology for educational achievement in Wisconsin board, funded from the appropriation under section 20.275 (1) (m), 2001 stats., are decreased by 0.5 FED position on the effective date of this subdivision for the purpose of eliminating that board.

4. On the effective date of this subdivision, all incumbent employees holding the positions specified in subdivisions 1., 2., and 3. are transferred to the department of administration.

(c) Employee status. Employees transferred under paragraph (b) 4. 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 technology for educational achievement in Wisconsin board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no transferred employee who has attained permanent status in class is required to serve a probationary period.

(d) Contracts. All contracts entered into by the technology for educational achievement in Wisconsin board in effect on the effective date of this paragraph remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under a transferred contract until the department of administration modifies or rescinds the contract.

(e) Rules and orders. All rules promulgated by the technology for educational achievement in Wisconsin board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until the department of administration amends or repeals them. All orders issued by the technology for educational achievement in Wisconsin board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until the department of administration modifies or rescinds them.

(f) Pending matters. Any matter pending with the technology for educational achievement in Wisconsin board on the effective date of this paragraph is transferred to the department of administration, and all materials submitted to or actions taken by the technology for educational achievement in Wisconsin board concerning the pending matter are considered to have been submitted to or taken by the department of administration.

33,9151 Section 9151. Nonstatutory provisions; tobacco control board.

(1) Elimination of the tobacco control board.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the tobacco control board shall become the assets and liabilities of the department of health and family services.

(b) Contracts.

1. All contracts entered into by the tobacco control board in effect on the effective date of this subdivision remain in effect and are transferred to the department of health and family services. The department of health and family services shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of health and family services to the extent allowed under the contract.

2. All contracts entered into by the department of health and family services in effect on the effective date of this subdivision that are primarily related to the functions of the tobacco control board, as determined by the secretary of administration, remain in effect. The department of health and family services shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of health and family services to the extent allowed under the contract.

(c) Rules and orders. All rules promulgated by the tobacco control board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of health and family services. All orders issued by the tobacco control board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of health and family services.

33,9153 Section 9153. Nonstatutory provisions; transportation.

(1j) Traffic control signals in the town of Beloit. Not later than June 30, 2004, the department of transportation shall install traffic control signals at the intersection of Inman Parkway and USH 51 in the town of Beloit in Rock County.

(1r) Request for state highway programs. Notwithstanding section 16.42 (1) of the statutes, the department of transportation shall add to its 2005-07 biennial budget request to the department of administration the following amounts to establish its 2004-05 fiscal year appropriation base for state highway programs:

(a) In the appropriation under section 20.395 (3) (bq) of the statutes, $64,210,200.

(b) In the appropriation under section 20.395 (3) (br) of the statutes, $28,871,900.

(d) In the appropriation under section 20.395 (3) (cr) of the statutes, $52,654,100.

(1y) Positions reduction; submission of plan for each fiscal year.

(a) By the date specified by the cochairpersons of the joint committee on finance for submission of requests for consideration at the 3rd quarterly meeting of the committee under section 13.10 of the statutes in the 2003-04 fiscal year, the department of transportation may submit a plan to the committee that contains the department's proposal for reallocating position reductions in the department, and associated funding adjustments, for fiscal year 2003-04. For each proposed position reduction, the plan shall identify, by division, the position type and the appropriation account from which the position is currently funded. The plan may include the transfer of funds between appropriation accounts, or the reallocation of funds between expenditure categories within an appropriation account, or both, if the funds to be transferred or reallocated are to be used for salary expenses and are available as a result of cost savings realized from implementation by the department of increased operational efficiencies.

(b) By the date specified by the cochairpersons of the joint committee on finance for submission of requests for consideration at the 3rd quarterly meeting of the committee under section 13.10 of the statutes in the 2004-05 fiscal year, the department of transportation may submit a plan to the committee that contains the department's proposal for reallocating position reductions in the department, and associated funding adjustments, for fiscal year 2004-05. For each proposed position reduction, the plan shall identify, by division, the position type and the appropriation account from which the position is currently funded. The plan may include the transfer of funds between appropriation accounts, or the reallocation of funds between expenditure categories within an appropriation account, or both, if the funds to be transferred or reallocated are to be used for salary expenses and are available as a result of cost savings realized from implementation by the department of increased operational efficiencies. The plan shall include a total reduction, for the 2004-05 fiscal year, of 300.5 authorized FTE positions in the department by June 30, 2005.

(c) If the department of transportation submits any plan under this subsection and the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the submittal that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may not implement the plan until it is approved by the committee, as submitted or as modified.

(1z) Surplus land sale. The department of transportation shall sell sufficient surplus land, as defined in section 84.09 (8) (a) of the statutes, to deposit not less than $4,000,000 in each fiscal year of the 2003-05 biennium in the transportation fund from such sales.

(2p) Agency request relating to debt service for highway projects bonding. Notwithstanding section 16.42 (1) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the biennial budget act for the 2005-07 fiscal biennium, the department of transportation shall include a recommendation for statutory changes to section 20.395 (6) (aq) of the statutes to pay debt service on general obligation bonds authorized under sections 20.866 (2) (uur) and (uut) and 84.595 of the statutes, as created by this act.

(2x) State highway rehabilitation and major highway development supplement.

(a) No later than January 1, 2004, the department of transportation shall submit a report to the joint committee on finance that includes the following information:

1. The department's response to any recommendations included in the legislative audit bureau's performance audit of the state highway program.

2. The department's recommendations of steps that may be taken or legislation that could be considered that could reduce costs in the state highway program.

3. Information on current environmental requirements, highway improvements standards, and the degree of competitiveness in the construction industry, and how these factors contribute to the cost of highway projects.

4. The department's recommendation on whether additional positions should be provided in the division of transportation districts to replace the work done by engineering consultants to reduce project design costs.

5. The department's recommendation on how to allocate any cost savings produced by either process modifications or the addition of department of transportation staff back to the department's appropriations.

(b) If the cochairs of the joint committee on finance do not notify, within 14 working days after the date on which a report is submitted under paragraph (a), the department of transportation that the committee has scheduled a meeting to review the report, the appropriation account under section 20.395 (3) (bq) of the statutes is supplemented by the amount recommended by the department in its report, not to exceed $4,833,000 for fiscal year 2004-05 from the appropriation account under section 20.865 (4) (u) of the statutes, the appropriation account under section 20.395 (3) (cq) of the statutes is supplemented by the amount recommended by the department in its report, not to exceed $11,120,500 for fiscal year 2004-05 from the appropriation account under section 20.865 (4) (u) of the statutes, and, subject to paragraph (d), other appropriation accounts under section 20.395 of the statutes are supplemented as recommended by the department in its report under paragraph (a) 5.

(c) If the cochairs of the joint committee on finance notify the department of transportation not more than 14 working days after the date on which a report is submitted under paragraph (a) that the committee has scheduled a meeting to review the report, the committee may supplement the appropriation account under section 20.395 (3) (bq) of the statutes by an amount not to exceed $4,833,000 for fiscal year 2004-05 from the appropriation account under section 20.865 (4) (u) of the statutes, the committee may supplement the appropriation account under section 20.395 (3) (cq) of the statutes by an amount not to exceed $11,120,500 for fiscal year 2004-05 from the appropriation account under section 20.865 (4) (u) of the statutes, and, subject to paragraph (d), the committee may allocate saved moneys identified in paragraph (a) 5. as it considers necessary. The committee may take action on the report as it considers necessary, including releasing a portion of the appropriation account under section 20.865 (4) (u) of the statutes and asking the department of transportation to submit additional information before the committee releases additional funds.

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

(2z) Commercial driver license hazardous materials endorsements.

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

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

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

(4q) Traffic marking enhancement grant program.

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

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

33,9154 Section 9154. Nonstatutory provisions; treasurer.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Educational stipend program; rules. If the department of veterans affairs develops a stipend program under section 45.365 (7) of the statutes, as created by this act, the department shall, using the procedure under section 227.24 of the statutes, promulgate the rule required under section 45.365 (7) of the statutes, as created by this act, for the period before the effective date of the permanent rule promulgated under section 45.365 (7) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

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

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

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

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

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

(5) Consolidation of workforce investment appropriations.

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

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

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

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

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

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

1. All contracts entered into by the governor's work-based learning board that are primarily related to the technical preparation, school-to-work, and work-based learning programs that are being transferred to the technical college system board under this act, as determined by the secretary of administration, and that are in effect on the effective date of this subdivision remain in effect and are transferred to the technical college system board. The technical college system board shall carry out any obligations under such a contract until the contract is modified or rescinded by the technical college system board to the extent allowed under the contract.