Amendment JR2 CA1-ASA1-AB1

AB1-ASA1-CA1,422,18 6. An assessment of whether any functions or responsibilities of the department duplicate those of other state agencies and could therefore be reduced or eliminated.

AB1-ASA1-CA1,422,20 7. A review of whether the efficiencies and cost savings intended by the legislature and governor when the department was created have been realized.

AB1-ASA1-CA1,422,24 8. An assessment of whether there are any impediments to decentralizing those responsibilities and functions that are currently assigned to the department by assigning these functions and responsibilities to the office of the governor or to other state agencies.

AB1-ASA1-CA1,423,4 9. A review of the costs charged by the department to other state agencies or to local governments and an assessment of whether the responsibilities and functions funded by these charges could be effectively undertaken by this state if the department did not exist.

AB1-ASA1-CA1,423,8 (b) If the bureau undertakes the audit, the bureau is requested to submit a report of its findings and recommendations to the distributees specified in section 13.94 (1) (b) of the statutes no later than the first day of the 9th month beginning after the effective date of this paragraph.".

AB1-ASA1-CA1,423,9 498. Page 359, line 1: after that line insert:

AB1-ASA1-CA1,423,16 "(3q) Study of certain election administration services. The joint legislative council is requested to conduct a study of election administration services performed by municipalities and counties and prepare recommendations for the consolidation of those services. If the joint legislative council conducts the study and prepares the recommendations, it shall report its findings, conclusions, and recommendations, in the manner provided under section 13.172 (2) of the statutes, to the 2003 legislature when that legislature convenes.".

AB1-ASA1-CA1,423,18 499. Page 359, line 10: delete that line and substitute "appropriation under section 20.465 (4) (ka) of the statutes, as affected by this".

AB1-ASA1-CA1,423,19 500. Page 359, line 12: delete lines 12 to 15.

AB1-ASA1-CA1,423,20 501. Page 359, line 22: after that line insert:

AB1-ASA1-CA1,424,3 "(1v) Council on forestry. Notwithstanding the length of term specified in section 15.347 (19) (c) of the statutes, as created in this act, of the members first appointed to the council on forestry under section 15.347 (19) (a) 6. to 19. of the statutes, as created by this act, the governor shall designate 4 members to serve for terms expiring on July 1, 2005, 3 members to serve for terms expiring on July 1, 2006, 4 members to serve for terms expiring on July 1, 2007, and 3 members to serve for terms expiring on July 1, 2008.".

AB1-ASA1-CA1,424,4 502. Page 360, line 13: after that line insert:

AB1-ASA1-CA1,424,10 "(2fxq) Invasive species council staggered terms. Notwithstanding the length of term specified in section 15.347 (18) (b) 7. of the statutes, as created in this act, of the members first appointed to the invasive species council under section 15.347 (18) (b) 7. of the statutes, as created by this act, the governor shall designate 2 members to serve for terms expiring on July 1, 2007, 2 members to serve for terms expiring on July 1, 2008, and 3 members to serve for terms expiring on July 1, 2009.".

AB1-ASA1-CA1,424,11 503. Page 360, line 13: after that line insert:

AB1-ASA1-CA1,424,12 "(2x) Recreational boating aids, Fish, Mud, and Crystal lakes.

AB1-ASA1-CA1,424,24 (a) From the appropriation under section 20.370 (5) (cq) of the statutes, and before applying the percentages under section 30.92 (4) (b) 6. of the statutes, the department of natural resources in fiscal year 2002-03 shall provide financial aid to Dane County for water-quality and lake-level improvements for Fish Lake and Mud Lake located in Dane County and for Crystal Lake located in both Dane County and Columbia County. The amount provided to Dane County under this paragraph shall equal the total amount contributed by local entities for the improvements or $200,000, whichever is less. Notwithstanding section 30.92 (4) (b) 7. of the statutes, the improvements specified under this paragraph qualify as a recreational boating project for the purpose of providing moneys under this paragraph. This improvement project need not be placed on the priority list under section 30.92 (3) (a) of the statutes.

AB1-ASA1-CA1,425,7 (b) Contributions by local entities under paragraph (a) may be made by Dane County, Columbia County, the town of Roxbury in Dane County, the town of West Point in Columbia County, any public inland lake protection and rehabilitation district organized for Fish, Mud, and Crystal lakes, any other local governmental unit, as defined in section 66.0131 (1) (a) of the statutes, that seeks contributions for the improvements specified under paragraph (a), and any other organization that seeks such contributions.".

AB1-ASA1-CA1,425,8 504. Page 360, line 23: delete lines 23 to 25.

AB1-ASA1-CA1,425,9 505. Page 361, line 1: delete lines 1 to 12.

AB1-ASA1-CA1,425,10 506. Page 361, line 13: delete lines 13 to 16.

AB1-ASA1-CA1,425,11 507. Page 361, line 16: after that line insert:

AB1-ASA1-CA1,425,16 "(2x) Home instruction program for preschool youngsters. To the extent permitted under federal law, in the 2002-03 fiscal year, the department of public instruction shall award a subgrant under 20 USC 6368 or other applicable federal programs of at least $250,000 to the home instruction program for preschool youngsters from the appropriation under section 20.255 (3) (ms) of the statutes.".

AB1-ASA1-CA1,425,17 508. Page 361, line 16: after that line insert:

AB1-ASA1-CA1,425,19 "(3q) Transfer of duties from the technology for educational achievement in Wisconsin board.

AB1-ASA1-CA1,425,24 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the functions of the technology for educational achievement in Wisconsin board, as determined by the secretary of administration, shall become the assets and liabilities of the department of public instruction.

AB1-ASA1-CA1,426,6 (b) Position and employee transfers. All positions authorized for the technology for educational achievement in Wisconsin board on the day before the effective date of this paragraph, except for the position of executive director, are, on the effective date of this paragraph, transferred to the department of public instruction, and the incumbent employees in those positions are transferred on the effective date of this paragraph to the department of public instruction.

AB1-ASA1-CA1,426,12 (c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of public instruction 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.

AB1-ASA1-CA1,426,17 (cm) 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 the functions of the technology for educational achievement in Wisconsin board, as determined by the secretary of administration, is transferred to the department of public instruction.

AB1-ASA1-CA1,426,22 (d) Contracts. 1. 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 public instruction. The department of public instruction shall carry out any obligations under a transferred contract until the department of public instruction modifies or rescinds the contract.

AB1-ASA1-CA1,427,4 2. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the functions of the technology for educational achievement in Wisconsin board, as determined by the secretary of administration, remain in effect and are transferred to the department of public instruction. The department of public instruction shall carry out any obligations under a transferred contract until the department of public instruction modifies or rescinds the contract.

AB1-ASA1-CA1,427,11 (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 public instruction 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 public instruction modifies or rescinds them.

AB1-ASA1-CA1,427,17 (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 public instruction, 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 public instruction.".

AB1-ASA1-CA1,427,18 509. Page 362, line 12: after that line insert:

AB1-ASA1-CA1,427,19 "(1v) Energy conservation.

AB1-ASA1-CA1,427,20 (a) In this subsection:

AB1-ASA1-CA1,427,21 1. "Commission" means the public service commission.

AB1-ASA1-CA1,427,22 2. "Utility" has the meaning given in section 196.374 (1) (c) of the statutes.

AB1-ASA1-CA1,428,10 (b) Notwithstanding the requirement under section 196.374 (3) of the statutes for a utility to make specified contributions to the commission in a fiscal year of the amounts determined by the commission under section 196.374 (2) of the statutes, the commission may allow a utility to retain, until December 31, 2004, a portion of the amounts determined by the commission under section 196.374 (2) (b), (c), and (d) of the statutes, instead of contributing the portion to the commission, if the commission determines that the portion is attributable to energy conservation programs for industrial, commercial, and agricultural customers in the utility's service area. If the commission allows a utility to retain a portion under this paragraph, the utility must contribute 1.75% of the portion to the commission for research and development for energy conservation and efficiency and must contribute 4.5% of the portion to the commission for renewable resource programs.

AB1-ASA1-CA1,428,22 (1x) Hiring freeze exemption. Notwithstanding any action of the governor or the secretary of administration under section 16.505 (3) of the statutes before the effective date of this subsection, the public service commission may fill 3.0 FTE PR positions that are vacant on the effective date of this subsection, that are related to the performance of environmental analyses and engineering reviews, that are authorized to the commission under section 16.505 of the statutes, and that are funded from the appropriation under section 20.155 (1) (g) of the statutes. If the public service commission does not fill the positions by the first day of the 6th month beginning after the effective date of this subsection, the commission shall, no later than the first day of the 7th month beginning after the effective date of this subsection, submit a report to the joint committee on finance of the legislature that explains the reasons for not filling the positions.".

AB1-ASA1-CA1,428,23 510. Page 362, line 15: delete lines 15 to 18.

AB1-ASA1-CA1,428,24 511. Page 362, line 18: after that line insert:

AB1-ASA1-CA1,429,8 "(1m) Penalty for converting agricultural land. Notwithstanding section 70.32 (2s) (c) of the statutes, as created by this act, and section 74.485 of the statutes, as created by this act, land assessed as agricultural land for the property tax assessments as of January 1, 2002, that may no longer be assessed as agricultural land for the property tax assessments as of January 1, 2003, because the land is not used as a farm, as defined under section 70.32 (2s) (a) 2. of the statutes, is not subject to the penalty under section 74.485 of the statutes with regard to the property tax assessments as of January 1, 2002, and January 1, 2003.

AB1-ASA1-CA1,429,11 (1vv) Alcohol and tobacco enforcement agents. The department of revenue shall retain 13 agents in the department's alcohol and tobacco enforcement section at least until July 1, 2003.

AB1-ASA1-CA1,429,13 (1vw) Large-case field auditors. The department of revenue shall retain 10 large-case field auditors in New York at least until July 1, 2003.".

AB1-ASA1-CA1,429,14 512. Page 362, line 19: delete lines 19 to 24.

AB1-ASA1-CA1,429,16 513. Page 363, line 21: delete that line and substitute "avoid adverse impacts on activities related to highway planning and programming,".

AB1-ASA1-CA1,429,18 514. Page 364, line 5: delete that line and substitute "avoid adverse impacts on activities related to highway planning and programming,".

AB1-ASA1-CA1,429,19 515. Page 364, line 6: after that line insert:

AB1-ASA1-CA1,430,8 "(2f) Improvements to USH 51 in city of Madison. Notwithstanding section 85.07 of the statutes, during the 2001-03 fiscal biennium, the department of transportation shall expend funds not to exceed $300,000 from federal funds available under 23 USC 152 for a highway improvement project on USH 51 at the intersection of Rieder Road in the city of Madison in Dane County, if the project is consistent with the requirements of 23 USC 152 and regulations promulgated under 23 USC 152. The project shall include reconstruction of the southbound lanes of USH 51 at Rieder Road to incorporate a divided deceleration and turn lane on USH 51 for southbound traffic turning east onto Rieder Road from USH 51 and a divided acceleration lane on USH 51 for traffic traveling west on Rieder Road turning south onto USH 51. The project shall also include installation of any traffic control signals necessary to allow traffic traveling west on Rieder Road to turn onto southbound USH 51 without requiring southbound traffic on USH 51 to stop.".

AB1-ASA1-CA1,430,9 516. Page 364, line 6: after that line insert:

AB1-ASA1-CA1,430,20 "(4q) Request on southeast Wisconsin freeway rehabilitation. By the date specified by the cochairpersons of the joint committee on finance for the submission of requests for consideration at the next quarterly meeting of the committee occurring after the effective date of this subsection, the department of transportation shall submit a request for the transfer of moneys from the appropriations under section 20.395 (3) (cq), (cv), and (cx) of the statutes, as affected by this act, to the appropriations under section 20.395 (3) (cr), (cw), and (cy) of the statutes to allocate funds for rehabilitation of the southeast Wisconsin freeways. The department's request, and the committee's action on the request, may not include funding now allocated for projects in other parts of the state or other funding that is not currently allocated to rehabilitation of southeast Wisconsin freeways.".

AB1-ASA1-CA1,430,21 517. Page 364, line 7: after that line insert:

AB1-ASA1-CA1,431,2 "(1k) Grandfather provision; unclaimed gift certificates. The treatment of sections 177.01 (10) (a) 2. and 177.14 of the statutes does not apply to any property paid or delivered to the state treasurer under section 177.17 (4) (a) 2. of the statutes or section 177.19 (1), 1999 stats., before the effective date of this subsection.".

AB1-ASA1-CA1,431,3 518. Page 364, line 24: after that line insert:

AB1-ASA1-CA1,431,4 "(1q) Order of state employee layoffs.

AB1-ASA1-CA1,431,7 (a) In this subsection, "state agency" has the meaning given in section 16.375 (1) of the statutes, but does not include the board of regents of the University of Wisconsin System.

AB1-ASA1-CA1,431,13 (b) If a state agency is required to lay off any of its employees as a result of any appropriation reduction required under this act, no employee of the state agency who is in the classified service of the state civil service system may be laid off until all employees of the state agency who are in the unclassified service of the state civil service system are laid off other than the chief administrative officer of the state agency.".

AB1-ASA1-CA1,431,15 519. Page 364, line 25: delete the material beginning with that line and ending with page 365, line 9.

AB1-ASA1-CA1,431,16 520. Page 365, line 9: after that line insert:

AB1-ASA1-CA1,431,17 "(2z) Cogeneration facility.

AB1-ASA1-CA1,431,18 (d) In this subsection:

AB1-ASA1-CA1,431,19 1. "Board" means the board of regents of the University of Wisconsin System.

AB1-ASA1-CA1,431,20 2. "Department" means the department of administration.

AB1-ASA1-CA1,431,22 3. "Public utility" means the public utility that provides electric service to the University of Wisconsin-Madison or an affiliate of that public utility.

AB1-ASA1-CA1,432,8 (e) To further the energy conservation and efficiency goals of section 1.12 (5) of the statutes and to meet the needs of the University of Wisconsin System for electric, steam, and chilled-water services in a cost-effective and technically feasible manner, the board and department shall negotiate an agreement with the public utility for the public utility to construct a centralized cogeneration facility with a nominal output of 150 megawatts at the campus of the University of Wisconsin-Madison for the purpose of providing, no later than July 1, 2004, electric, steam, and chilled-water services. This paragraph does not affect the authority of the public service commission under chapter 196 of the statutes with respect to such a facility.".

AB1-ASA1-CA1,432,9 521. Page 365, line 16: after that line insert:

AB1-ASA1-CA1,432,10 "(5m) Consolidation of state vehicle fleet maintenance operations.

AB1-ASA1-CA1,432,15 (a) On the effective date of this paragraph, the assets and liabilities of the board of regents of the University of Wisconsin System that are primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison, as determined by the secretary of administration, shall become assets and liabilities of the department of administration.

AB1-ASA1-CA1,432,20 (b) On the effective date of this paragraph, all tangible personal property, including records, of the board of regents of the University of Wisconsin System that is primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison, as determined by the secretary of administration, is transferred to the department of administration.

AB1-ASA1-CA1,433,4 (c) All contracts entered into by the board of regents of the University of Wisconsin System in effect on the effective date of this paragraph that are primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison, as determined by the secretary of administration, are transferred to the department of administration. The department of administration shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

AB1-ASA1-CA1,433,14 (d) All rules promulgated by the board of regents of the University of Wisconsin System that are primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison, 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 administration. All orders issued by the board of regents of the University of Wisconsin System that are primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison, 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 administration.

AB1-ASA1-CA1,433,21 (e) Any matter pending with the board of regents of the University of Wisconsin System that is primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison on the effective date of this paragraph is transferred to the department of administration, and all materials submitted to or actions taken by the board of regents of the University of Wisconsin System with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB1-ASA1-CA1,434,2 (f) Notwithstanding section 16.42 of the statutes, the board of regents of the University of Wisconsin System shall submit information under section 16.42 of the statutes for purposes of the 2003-05 biennial budget bill reflecting any savings incurred by the board of regents from consolidation of vehicle fleet maintenance functions under this subsection.

AB1-ASA1-CA1,434,4 (g) The board of regents of the University of Wisconsin System shall fully cooperate with the department of administration in implementing this subsection.".

AB1-ASA1-CA1,434,5 522. Page 365, line 23: delete lines 23 to 25.

AB1-ASA1-CA1,434,6 523. Page 366, line 1: delete lines 1 to 10.

AB1-ASA1-CA1,434,8 524. Page 366, line 15: after "subsection" insert ", except that "state agency" does not include the department of employee trust funds or the investment board".

AB1-ASA1-CA1,434,9 525. Page 366, line 21: delete "May" and substitute "July".

AB1-ASA1-CA1,434,10 526. Page 366, line 24: delete "May" and substitute "July".

AB1-ASA1-CA1,434,11 527. Page 368, line 8: after that line insert:

AB1-ASA1-CA1,435,9 "(4z) Voluntary employee furlough. Any chief administrative officer of a state agency, as defined in section 20.001 (1) of the statutes, may permit any employee of that agency, other than an employee who is an elected official or is nominated or appointed by the governor for a fixed term to his or her position, to take a voluntary unpaid leave of absence during the 2001-03 fiscal biennium for a period not to exceed 8 weeks. During any time in which an employee is on a leave of absence granted under this subsection, the chief administrative officer shall continue to make all required employer contributions for that employee, as well as any required employee contributions that the employer is required to make on behalf of that employee in accordance with a collective bargaining agreement under subchapter V of chapter 111 or section 230.12 of the statutes, for benefits provided under chapter 40 of the statutes, but not including any such contributions under section 40.05 (1) and (2) of the statutes. During the leave of absence, the employee's employment shall be considered not to have been interrupted for all purposes relating to wages, hours, and conditions of employment, except that the employee shall not be paid a salary nor accrue creditable service, as defined in section 40.02 (17) of the statutes, for purposes of the Wisconsin retirement system. The timing of any leave of absence granted under this subsection shall be at the discretion of the chief administrative officer. Notwithstanding section 111.91 (1) of the statutes, for employees who are included in a collective bargaining unit for which a representative is recognized or certified under subchapter V of chapter 111 of the statutes, this subsection shall apply except as otherwise provided in a collective bargaining agreement.".

AB1-ASA1-CA1,435,10 528. Page 369, line 2: after that line insert:

AB1-ASA1-CA1,435,11 "(5z) Implementation of appropriation decreases.

AB1-ASA1-CA1,435,13 (a) In this subsection, "department" has the meaning given for "executive branch agency" under section 16.70 (4) of the statutes.

AB1-ASA1-CA1,435,17 (b) In implementing appropriation decreases made by or under this act for the 2002-03 fiscal year, each department shall ensure that any reduction of services provided by the department under each affected appropriation is equitably apportioned between residents of rural areas and residents of urban areas.

AB1-ASA1-CA1,435,24 (c) Notwithstanding section 16.50 (1) of the statutes, the secretary of administration shall require each department to submit an expenditure estimate for any expenditure to be made from an appropriation that is decreased by or under this act for the 2002-03 fiscal year. Notwithstanding section 16.50 (2) of the statutes, the secretary shall disapprove any such estimate that provides for any reallocation of services provided by the department in contravention of the requirement under paragraph (b).".

AB1-ASA1-CA1,436,1 529. Page 369, line 2: after that line insert:

AB1-ASA1-CA1,436,2 "(5t) Abolition of department of electronic government.

AB1-ASA1-CA1,436,6 (a) Assets and liabilities. Except as provided in Section 9259 (9r) of this act, on the effective date of this paragraph, the assets and liabilities of the department of electronic government shall become assets and liabilities of the department of administration.