Wisconsin Legislature: 25,9105

(f) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the youth diversion from gang activities program under section 16.964 (8), 2003 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of corrections. The department of corrections shall carry out any obligations under those contracts unless modified or rescinded by the department of corrections to the extent allowed under the contract.

(g) Rules and orders. All rules promulgated by the department of administration in effect on the effective date of this paragraph that are primarily related to the youth diversion from gang activities program under section 16.964 (8), 2003 stats., remain in effect until their specified expiration dates or until amended or repealed by the department of corrections. All orders issued by the department of administration in effect on the effective date of this paragraph that are primarily related to the youth diversion from gang activities program under section 16.964 (8), 2003 stats., remain in effect until their specified expiration dates or until modified or rescinded by the department of corrections.

(9r) Rules concerning video gaming devices for pari-mutuel racing. By the first day of the 3rd month beginning after the effective date of this subsection, the department of administration shall, using the procedure under section 227.24 of the statutes, promulgate the rules required under section 562.02 (1) (L) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 562.02 (1) (L) 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.

(10k) Payment of membership dues for midwestern higher education compact. From the appropriation under section 20.505 (1) (ka) of the statutes, the department of administration shall, no later than June 30, 2006, make payment of this state's membership dues to the midwestern higher education compact in the 2004-05 fiscal year, but not to exceed $82,500.

(10q) Information technology development assistance to elections board. The department of administration shall:

(a) Assist the elections board in the selection of an appropriate vendor to complete the board's computer database conversion project.

(b) Designate a staff person to provide to the elections board quality assurance for information technology development work completed in connection with creation of the board's campaign finance database.

(10r) Transfer of county and tribal law enforcement grant programs.

(a) Definitions. In this subsection:

1. "County law enforcement grant program" means the grant program under section 16.964 (7), 2003 stats.

2. "Tribal law enforcement grant program" means the grant program under section 16.964 (6), 2003 stats.

(b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to county or tribal law enforcement grant programs administered by the office of justice assistance, as determined by the secretary of administration, shall become the assets and liabilities of the department of justice.

(c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to county or tribal law enforcement grant programs administered by the office of justice assistance, as determined by the secretary of administration, is transferred to the department of justice.

(d) Contracts. All contracts entered into by the department of administration or the office of justice assistance in effect on the effective date of this paragraph that are primarily related to the office's county or tribal law enforcement grant programs, as determined by the secretary of administration, remain in effect and are transferred to the department of justice. The department of justice shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of justice to the extent allowed under the contract.

(e) Rules and orders. All rules promulgated by the department of administration or the office of justice assistance primarily related to the office's county or tribal law enforcement grant programs, as determined by the secretary of administration, that are in effect on the effective date of this paragraph shall become rules of the department of justice and shall remain in effect until their specified expiration dates or until amended or repealed by the department of justice. All orders issued by the department of administration or the office of justice assistance primarily related to the office's county or tribal law enforcement grant programs that are in effect on the effective date of this paragraph shall become orders of the department of justice and shall remain in effect until their specified expiration dates or until modified or rescinded by the department of justice.

(f) Pending matters. Any matter pending with the office of justice assistance on the effective date of this paragraph that is primarily related to the office's county or tribal law enforcement grant programs, as determined by the secretary of administration, is transferred to the department of justice, and all materials submitted to or actions taken by the office of justice assistance with respect to the pending matter are considered as having been submitted to or taken by the department of justice.

(10t) Fox River Navigational System Authority lease. If the building commission determines to sell any state-owned land that is leased to the Fox River Navigational System Authority under section 237.06 of the statutes as provided in Section 9105 (14q) of this act, the department of administration shall renegotiate the lease entered into under section 237.06 of the statutes to reflect the sale of the property.

(10v) Sale or contractual operation of state-owned heating, cooling, and power plants and wastewater treatment facilities. Notwithstanding section 16.50 (1) of the statutes, as affected by this act, the secretary of administration shall require submission of expenditure estimates under section 16.50 (2) of the statutes for each state agency, as defined in section 20.001 (1) of the statutes, that proposes to expend moneys in the 2005-07 fiscal biennium that are not encumbered on the effective date of this subsection from any appropriation for the operation of a state-owned heating, cooling, or power plant or wastewater treatment facility. Notwithstanding section 16.50 (2) of the statutes, the secretary shall disapprove any such estimate for any period during which that plant or facility is owned or operated by a private entity. The secretary may then require the use of the amounts of any disapproved expenditure estimates for the purpose of payment of the costs of purchasing heating, cooling, power, or wastewater treatment for the state agencies or facilities for which the amounts were appropriated. The secretary shall notify the joint committee on finance in writing of any action taken under this subsection.

(11k) Data Center and business management system projects. During the 2005-07 fiscal biennium, if the department of administration notifies the joint committee on finance of the proposed acquisition of any information technology resource related to the proposed new state data center or the proposed state business management system that the department considers to be major or that is likely to result in substantive change of service, the department shall not proceed with the proposed acquisition until at least 14 working days after the notification. In addition, if within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the pro posed acquisition, the department shall not proceed with acquisition of the resource unless the acquisition is first approved by the committee.

(12k) Data center and business management system progress reports. During the 2005-07 fiscal biennium, the department of administration shall report semiannually to the joint committee on finance concerning the lease of a new state data center and the current costs associated with the additional hardware and software to increase the state's information technology processing capacity in connection with the proposed state business management system. The reports shall include:

(a) The major stages and substages of the projects, including an assessment of need, and an assessment of the design, implementation, and testing stages and their major substages.

(b) The scheduled, estimated, and actual completion dates for each major stage and substage of the projects.

(d) An evaluation of the projects, including any problems encountered or risks associated with proceeding to the next stage of each project.

25,9102 Section 9102. Nonstatutory provisions; aging and long-term care board.

25,9103 Section 9103. Nonstatutory provisions; agriculture, trade and consumer protection.

(4d) Grant to Cashton Area Development Corporation. During the 2005-07 fiscal biennium, the department of agriculture, trade and consumer protection shall award a grant of $150,000 for planning and $150,000 for implementation under section 93.46 (3) of the statutes, as created by this act, to the Cashton Area Development Corporation for the Cashton Greens Renewable Energy Park.

(4e) Grain inspection program plan. The department of agriculture, trade and consumer protection shall submit to the secretary of administration a plan for a revised method for providing grain inspection services under section 93.06 (1m) of the statutes. The department shall propose a method that is financially viable, uses a flexible workforce to reflect seasonal changes in the volume of services needed, and maintains oversight by this state of the quality of grain inspection services and the integrity of inspection certificates. No later than September 30, 2005, the secretary shall submit the plan, as submitted by the department or as modified, to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary within 14 working days after the date of the secretary's submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan as proposed. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the department may implement the plan only upon approval of the committee.

25,9104 Section 9104. Nonstatutory provisions; arts board.

25,9105 Section 9105. Nonstatutory provisions; building commission.

(1) 2005-07 Authorized State Building Program. For the fiscal years beginning on July 1, 2005, and ending on June 30, 2007, the Authorized State Building Program is as follows: - See PDF for table

(2) Programs previously authorized. In addition to the projects and financing authority enumerated under subsection (1), the building and financing authority enumerated under the previous state building program is continued in the 2005-07 fiscal biennium.

(3) Loans. During the 2005-07 fiscal biennium, the building commission may make loans from general fund supported borrowing or the building trust fund to state agencies, as defined in section 20.001 (1) of the statutes, for projects which are to be utilized for programs not funded by general purpose revenue and which are authorized under subsection (1).

(4) Project contingency funding reserve.

(a) During the 2005-07 fiscal biennium, the building commission may allocate moneys from the appropriation under section 20.866 (2) (yg) of the statutes for contingency expenses in connection with any project in the Authorized State Building Program.

(b) During the 2005-2007 fiscal biennium, the building commission may allocate moneys from the appropriation under section 20.866 (2) (ym) of the statutes, as affected by this act, for capital equipment acquisition in connection with any project in the Authorized State Building Program.

(5) 2001-03 Authorized State Building Program changes. In 2001 Wisconsin Act 16, section 9107 (1) (k) 1., under projects financed by segregated fund supported revenue borrowing, the amount authorized by law for the project identified as Division of motor vehicles service center — Waukesha is increased from $1,465,600 to $1,977,500.

(6) 2003-05 State building program additions. In 2003 Wisconsin Act 33, section 9106 (1), the following projects are added to the 2003-05 state building program and the appropriate totals are increased by the amounts shown: - See PDF for table

(7) Adjustment of totals.

(a) In the 2001-03 Authorized State Building Program, the appropriate totals are adjusted to reflect the changes made by subsection (5).

(b) In the 2003-05 Authorized State Building Program, the appropriate totals are adjusted to reflect the changes made by Sections 2496g and 2496r of this act.

(8) University Square project. Notwithstanding section 18.04 (1) and (2) of the statutes, of the public debt authorized for the purchase of space at the University Square project, as enumerated in subsection (1) (h) 1., $39,850,000 in public debt may not be contracted until after June 30, 2007.

(9) Columbia St. Mary's — Columbia campus. Notwithstanding section 18.04 (1) and (2) of the statutes, no public debt authorized for the acquisition and remodeling of the Columbia campus medical facilities, as enumerated in subsection (1) (h) 1. and 3., may be contracted until after June 30, 2007. Beginning on July 1, 2007, and ending on June 30, 2009, not more than 50 percent of the general fund supported borrowing and 50 percent of the program revenue supported borrowing authorized for the acquisition and remodeling of the Columbia campus medical facilities may be incurred. Beginning on July 1, 2009, the remainder of the general fund supported borrowing and program revenue supported borrowing authorized for the acquisition and remodeling of the Columbia campus medical facilities may be incurred.

(10) Tri-state initiative. Notwithstanding section 18.04 (1) and (2) of the statutes, of the public debt authorized for the Tri-state initiative facilities, as enumerated in subsection (1) (h) 1., $10,000,000 in public debt may not be contracted until after June 30, 2007.

(11) Sterling Hall. Notwithstanding section 18.04 (1) and (2) of the statutes, of the public debt authorized for the renovation of Sterling Hall, as enumerated in subsection (1) (h) 1., $20,000,000 in public debt may not be contracted until after June 30, 2007.

(12) Shared storage building for the state historical society and Wisconsin veterans museums. Notwithstanding section 18.04 (1) and (2) of the statutes, none of the public debt authorized for a shared storage building for the state historical society and Wisconsin veterans museums, as enumerated in subsection (1) (f) 1., may be contracted until after June 30, 2007.

(14) Children's research institute. Notwithstanding section 13.48 (37) (b) of the statutes, as created by this act, the building commission shall not make a grant to the Children's Hospital and Health System for construction of the children's research institute project, as enumerated in subsection (1) (k), under section 13.48 (37) of the statutes, as created by this act, unless the department of administration has reviewed and approved plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.

(14q) Sale of certain land to Fox River Navigational System Authority. If the building commission determines that any state-owned land that is leased to the Fox River Navigational System Authority under section 237.06 of the statutes is not needed for navigational purposes, the commission may declare the land to be surplus and may authorize the sale of the land at fair market value. For purposes of the application of section 13.48 (14) (d) of the statutes, as affected by this act, the land leased by the department of administration under section 237.06 of the statutes shall be treated as allocated for use by the department. Notwithstanding section 13.48 (14) (c) of the statutes, the building commission shall credit the net proceeds of any sale under this subsection to the appropriation account under section 20.373 (1) (g) of the statutes, as created by this act.

(14x) Strategic plan for state correctional facilities.

(a) The building commission, in coordination with the department of corrections, shall prepare or contract for the preparation of a strategic plan for state correctional facilities for the period ending in 2016. The plan shall contain the following elements:

1. An evaluation of the physical conditions, security, environmental, health and safety concerns, and housing, program, and food service capacity of each correctional institution.

2. A determination of the operating capacity of the state's correctional system based upon the following considerations:

a. The mission of the department of corrections.

b. Appropriate guidelines for space occupancy developed by the commission and the department.

c. Model operating capacities developed by the commission and the department that account for inmate security classification, gender, age, health condition, programmatic needs, and length of incarceration.

d. A comparison of the guidelines and models with current conditions at the correctional institutions.

e. The optimal design and operational system for each correctional institution.

3. A determination of any operating capacity shortfall within the state correctional system for the period covered by the report based upon the projection for inmate populations.

4. Recommendations for building projects and budgets, and potential use of out-of-state and county jail bed contracts, to address any identified deficiencies at existing correctional institutions and operating capacity shortfalls within the correctional system.

(b) The building commission shall pay for the cost of the study under this subsection from the appropriation under section 20.867 (2) (r) of the statutes.

(c) The building commission shall submit the results of the study, together with the joint recommendations of the commission and the department of corrections, to the governor, and to the legislature in the manner provided under section 13.172 (2) of the statutes, no later than September 1, 2007.

25,9106 Section 9106. Nonstatutory provisions; child abuse and neglect prevention board.

25,9107 Section 9107. Nonstatutory provisions; circuit courts.

25,9108 Section 9108. Nonstatutory provisions; commerce.

(1) Real estate trust accounts. All rules promulgated under section 452.13 of the statutes by the department of administration that are in effect on the effective date of this subsection remain in effect until their specified expiration date or until amended or repealed by the department of commerce.

(1v) Phase out of Petroleum Storage Remedial Action Program. The department of commerce shall include, as part of its 2007-09 biennial budget request that it submits to the department of administration under section 16.42 of the statutes, a proposal to phase out the Petroleum Storage Remedial Action Program under section 101.143 of the statutes.

(1w) Emergency rules for Diesel Truck Idling Reduction Grant Program. Using the procedure under section 227.24 of the statutes, the department of commerce shall promulgate as emergency rules the rules it determines are necessary to administer the program under section 560.125 of the statutes, as created by this act, for the period before the effective date of the permanent rules for the program, 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 of commerce is not required to provide evidence that promulgating a rule under this paragraph 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.

(2k) Grant to Wisconsin Procurement Institute. In both the 2005-06 and the 2006-07 fiscal years, the department of commerce shall make a grant of $100,000 from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, to the Wisconsin Procurement Institute. The department of commerce shall enter into an agreement with the Wisconsin Procurement Institute that specifies the uses for the grant proceeds and reporting and auditing requirements.

(3f) Brownfields grant to city of Madison.

(a) Definitions. In this subsection:

1. "Department" means the department of commerce.

2. "Secretary" means the secretary of commerce.

(b) General. Subject to paragraph (c), from the appropriation under section 20.143 (1) (qm) of the statutes, as affected by this act, the department shall provide a grant of $500,000 in fiscal year 2005-06 and $500,000 in fiscal year 2006-07 to the city of Madison to establish a brownfields loan and grant program. The city may use the funds provided under this subsection for any of the following purposes:

1. Making loans or grants to other entities for environmental site assessments, environmental site investigations, plans for actions to remedy environmental contamination, and actions to remedy environmental contamination.

2. Costs to the city related to implementing and administering the program, involving interested persons in the process, obtaining approval of the department of natural resources for remedial action conducted under the program, and marketing environmentally contaminated properties to developers.

1. The city submits a plan to the department detailing the proposed use of the proceeds of the grant and the secretary approves the plan.

2. The city enters into a written agreement with the department that specifies the conditions for the use of the proceeds of the grant, including reporting and auditing requirements.

3. The city agrees in writing to submit to the department the report required under paragraph (d) by the time required under paragraph (d).

(d) Reporting. If the city receives the grant under this subsection, the city shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

(3k) Grant for biomedical technology alliance. Notwithstanding section 560.275 of the statutes, as affected by this act, the department of commerce shall, from the appropriations under section 20.143 (1) (c) and (ie) of the statutes, as affected by this act, make a grant of $ 2,500,000 in the 2005-06 fiscal year to the Board of Regents of the University of Wisconsin System to be used by the University of Wisconsin-Milwaukee to establish a biomedical technology alliance in southeastern Wisconsin. The department of commerce shall enter into an agreement with the Board of Regents that specifies the uses for the grant proceeds and reporting and auditing requirements.

(3m) Grant to city of Green Bay. Notwithstanding section 560.61 of the statutes, as affected by this act, the department of commerce shall make an annual grant of $1,400,000 in fiscal years 2005-06 to 2007-08 from the Wisconsin development fund under section 560.61 of the statutes, as affected by this act, to the city of Green Bay for a downtown waterfront redevelopment project. The department of commerce shall enter into an agreement with the city of Green Bay that specifies the uses for the grant proceeds and reporting and auditing requirements.

(3r) Housing grants and loans funding decrease. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 2007-09 biennial budget bill, the department of commerce shall submit a dollar amount for the appropriation under section 20.143 (2) (b) of the statutes as though the amount appropriated to the department of commerce in fiscal year 2006-07 under section 20.143 (2) (b) of the statutes is $3,300,300.

(4k) Business employees' skills training program. On the effective date of this subsection, the department of commerce shall transfer any pending applications for grants under section 560.155 of the statutes, as affected by this act, to the technical college system board for consideration under section 38.41 of the statutes, as created by this act.

(5k) Community development block grant for water well.

(a) Not later than June 30, 2006, the department of commerce shall make a grant of $80,000 from the appropriation account under section 20.143 (1) (n) of the statutes to the town of Ithaca for a water well.

(b) Within 6 months after spending the full amount of the grant under this subsection, the town of Ithaca shall submit to the department of commerce a report detailing how the town spent the grant proceeds.

(6k) Community development block grant for water reservoir.

(a) Not later than June 30, 2006, the department of commerce shall make a grant of $274,000 from the appropriation account under section 20.143 (1) (n) of the statutes to the village of Wonewoc for a water reservoir.