Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,516,7 "(2q) Legislative intent. The treatment of section 196.37 (2) of the statutes is intended only to clarify the authority of the public service commission. No substantive change is intended.

AB1-SSA1-SA2,516,13 (2r) Study of cross subsidization. The joint legislative council is requested to study the requirements regarding cross subsidization under section 196.204 of the statutes and whether any changes to those requirements would promote competition for telecommunications services in rural markets. If the council undertakes such a study, the council shall report its findings, conclusions, and recommendations to the 2003 legislature when it convenes.".

AB1-SSA1-SA2,516,14 550. Page 362, line 12: after that line insert:

AB1-SSA1-SA2,516,15 "(1z) Cogeneration facility at the University of Wisconsin-Madison.

AB1-SSA1-SA2,516,16 (a) In this subsection:

AB1-SSA1-SA2,516,17 1. "Board" means the board of regents of the University of Wisconsin System.

AB1-SSA1-SA2,516,19 2. "Cogeneration facility" means a facility that provides electric, steam, and chilled water service.

AB1-SSA1-SA2,516,20 3. "Commission" means the public service commission.

AB1-SSA1-SA2,516,21 4. "Department" means the department of administration.

AB1-SSA1-SA2,517,2 5. "Site" means the property located immediately north of the university's Walnut Street plant and bounded by Walnut Street on the west, Herrick Drive on the north, the university's existing physical plant buildings on the east, and the north wall of the existing Walnut Street heating plant on the south.

AB1-SSA1-SA2,517,3 6. "University" means the University of Wisconsin-Madison.

AB1-SSA1-SA2,517,5 7. "Utility" means the public utility that provides electric service to the university or an affiliate of such a public utility.

AB1-SSA1-SA2,517,8 (b) The board may not allow the construction of a cogeneration facility at the site that provides electric, steam, or chilled water services to the university after July 1, 2004, unless all of the following are satisfied:

AB1-SSA1-SA2,517,12 1. The utility, department, and board agree on a plan for allocating the costs of constructing the cogeneration facility between the utility and the university and for establishing the terms and conditions under which the university shall purchase electric, steam, or chilled water services from the utility.

AB1-SSA1-SA2,517,14 2. The utility submits a plan under subdivision 1. to the commission and the commission, upon finding the plan is reasonable, approves the plan.

AB1-SSA1-SA2,517,15 3. Construction of the cogeneration facility is completed before July 1, 2004.

AB1-SSA1-SA2,517,22 (c) If the utility submits a plan to the commission under paragraph (b) 2., the utility shall, at the same time that it submits the plan, apply for a certificate of public convenience and necessity for the cogeneration facility under section 196.491 (3) of the statutes. Notwithstanding section 196.491 (3) (a) 3. a. of the statutes, the utility shall provide the department of natural resources with an engineering plan for the cogeneration facility at the same time that the utility submits the application to the commission for the certificate of public convenience and necessity.".

AB1-SSA1-SA2,517,23 551. Page 362, line 12: after that line insert:

AB1-SSA1-SA2,518,12 "(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-SSA1-SA2,518,13 552. Page 362, line 12: after that line insert:

AB1-SSA1-SA2,518,14 "(1t) Energy conservation.

AB1-SSA1-SA2,518,15 (a) In this subsection:

AB1-SSA1-SA2,518,16 1. "Commission" means the public service commission.

AB1-SSA1-SA2,518,17 2. "Utility" has the meaning given in section 196.374 (1) (c) of the statutes.

AB1-SSA1-SA2,519,5 (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-SSA1-SA2,519,6 553. Page 362, line 15: delete lines 15 to 18.

AB1-SSA1-SA2,519,7 554. Page 362, line 18: after that line insert:

AB1-SSA1-SA2,519,15 "(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-SSA1-SA2,519,16 555. Page 362, line 18: after that line insert:

AB1-SSA1-SA2,519,21 "(1q) Direct marketing of cigarettes and tobacco products. The authorized FTE positions for the department of revenue are increased by 1.5 PR positions on July 1, 2002, to be funded from the appropriation under section 20.566 (1) (gc) of the statutes, as created by this act, for the purpose of enforcing and administering cigarette and tobacco product direct marketing permits and penalties.".

AB1-SSA1-SA2,519,22 556. Page 362, line 19: delete lines 19 to 24.

AB1-SSA1-SA2,519,23 557. Page 362, line 24: after that line insert:

AB1-SSA1-SA2,520,3 "(2d) 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-SSA1-SA2,520,5 558. Page 363, line 21: delete that line and substitute "avoid adverse impacts on activities related to highway planning and programming,".

AB1-SSA1-SA2,520,7 559. Page 364, line 5: delete that line and substitute "avoid adverse impacts on activities related to highway planning and programming,".

AB1-SSA1-SA2,520,8 560. Page 364, line 6: after that line insert:

AB1-SSA1-SA2,520,11 "(1x) Traffic control signals in Oak Creek. No later than June 30, 2003, the department of transportation shall install traffic control signals at the intersection of STH 38 and Oakwood Road in the city of Oak Creek in Milwaukee County.".

AB1-SSA1-SA2,520,12 561. Page 364, line 6: after that line insert:

AB1-SSA1-SA2,520,23 "(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-SSA1-SA2,520,24 562. Page 364, line 6: after that line insert:

AB1-SSA1-SA2,521,13 "(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-SSA1-SA2,521,14 563. Page 364, line 7: after that line insert:

AB1-SSA1-SA2,521,18 "(1f) 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-SSA1-SA2,521,19 564. Page 364, line 24: after that line insert:

AB1-SSA1-SA2,521,20 "(1q) Order of state employee layoffs.

AB1-SSA1-SA2,521,23 (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-SSA1-SA2,522,6 (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-SSA1-SA2,522,8 565. Page 364, line 25: delete the material beginning with that line and ending with page 365, line 9.

AB1-SSA1-SA2,522,9 566. Page 365, line 16: after that line insert:

AB1-SSA1-SA2,522,15 "(4q) Wisconsin Public Television. The board of regents of the University of Wisconsin System shall endeavor to raise by March 1, 2003, at least $250,000 more in program revenue than was raised in the 2001-02 fiscal year for the Wisconsin Public Television production facility at the University of Wisconsin-Green Bay and shall report the results of its efforts to the joint committee on finance by July 1, 2003.".

AB1-SSA1-SA2,522,17 567. 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-SSA1-SA2,522,18 568. Page 368, line 8: after that line insert:

AB1-SSA1-SA2,522,20 "(4x) Compensation and fringe benefit savings for certain eliminated state positions.

AB1-SSA1-SA2,522,22 (a) The definitions in section 20.001 of the statutes are applicable in this subsection.

AB1-SSA1-SA2,523,6 (b) 1. The secretary of administration shall reduce the number of authorized positions for each state agency by the number of positions under section 15.04 (2), 1999 stats., section 15.05 (3), 1999 stats., and section 15.06 (4m), 1999 stats., and by the number of unclassified division administrators that are eliminated for that state agency under this act. The secretary shall also reduce the authorized FTE positions for the office of the secretary of state by 1.0 assistant secretary of state position; for the office of state treasurer by 1.0 assistant state treasurer position; and for the historical society by 1.0 associate director position.

AB1-SSA1-SA2,523,12 2. The secretary shall determine for each state agency the amount that the agency would have been required to expend for compensation and fringe benefits during the period that begins on the effective date of this subdivision and ends on June 30, 2003, for state employees occupying a position described under subdivision 1. and from each appropriation from which the moneys would have been expended, other than appropriations of federal revenues.

AB1-SSA1-SA2,523,18 (c) From each sum certain appropriation of general purpose revenue identified in paragraph (b) 2., the secretary of administration shall lapse to the general fund the amount specified in paragraph (b) 2. that would otherwise have been expended from each of the appropriations. After the secretary of administration makes the lapse, each of the sum certain appropriations is decreased by the amount specified in paragraph (b) 2. for that appropriation.

AB1-SSA1-SA2,523,22 (d) For each sum sufficient appropriation of general purpose revenue identified in paragraph (b) 2., the expenditure estimate for the appropriation during the 2001-03 fiscal biennium, is reestimated to subtract the amount specified in paragraph (b) 2. for that appropriation.

AB1-SSA1-SA2,524,4 (e) From each appropriation of program revenues or program revenues-service identified in paragraph (b), other than an appropriation to the investment board, the secretary of administration shall lapse to the general fund the amount specified in paragraph (b) 2. that would otherwise have been expended from each of the appropriations. After the secretary of administration makes the lapse, each of the sum certain program revenues or program revenues-service appropriations is decreased by the amount specified in paragraph (b) 2. for that appropriation.

AB1-SSA1-SA2,524,17 (f) From each appropriation of segregated fund revenues or segregated fund revenues — service identified in paragraph (b), the secretary of administration shall lapse to the underlying fund the amount specified in paragraph (b) 2. that would otherwise have been expended from each of the appropriations. After the secretary of administration makes the lapse, each of the sum certain segregated revenues or segregated revenues — service appropriations is decreased by the amount specified in paragraph (b) for that appropriation and the expenditure estimate for each of the appropriations that are not sum certain appropriations is reestimated to subtract the amount specified in paragraph (b) for that appropriation. The secretary of administration shall then transfer the lapsed amounts and an amount equal to the amount subtracted from the estimates to the general fund, but not including any amount lapsed from an appropriation of segregated fund revenues to the department of employee trust funds.".

AB1-SSA1-SA2,524,18 569. Page 368, line 8: after that line insert:

AB1-SSA1-SA2,525,16 "(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-SSA1-SA2,525,17 570. Page 368, line 8: after that line insert:

AB1-SSA1-SA2,525,19 "(4r) Compensation and fringe benefit savings for state employees who elect to receive retirement annuities during part of the 2002-03 fiscal year.

AB1-SSA1-SA2,525,23 (a) The definitions in section 20.001 of the statutes are applicable in this subsection, except that "state agency" does not include the department of employee trust funds, the board of regents of the University of Wisconsin System, or the investment board.

AB1-SSA1-SA2,526,10 (b) The secretary of administration shall determine for each state agency the amount that the agency would have been required to expend for compensation and fringe benefits during the period that begins on January 1, 2003, and ends on June 30, 2003, for state employees who elect to receive retirement benefits under Section 9116 (1q) (c) of this act and each appropriation from which the moneys would have been expended, other than appropriations of federal revenues. For the purpose of making this calculation, the secretary shall reduce the amount by the increased employer contribution costs under the Wisconsin retirement system for that state agency that results from the retirement benefits granted under Section 9116 (1q) (c) of this act.

AB1-SSA1-SA2,526,16 (c) From each sum certain appropriation of general purpose revenue identified in paragraph (b), the secretary of administration shall lapse to the general fund the amount specified in paragraph (b) that would otherwise have been expended from each of the appropriations. After the secretary of administration makes the lapse, each of the sum certain appropriations is decreased by the amount specified in paragraph (b) for that appropriation.

AB1-SSA1-SA2,526,20 (d) For each sum sufficient appropriation of general purpose revenue identified in paragraph (b), the expenditure estimate for the appropriation during the 2002-03 fiscal year is reestimated to subtract the amount specified in paragraph (b) for that appropriation.

AB1-SSA1-SA2,527,2 (e) From each appropriation of program revenues or program revenues-service identified in paragraph (b), the secretary of administration shall lapse to the general fund the amount specified in paragraph (b) that would otherwise have been expended from each of the appropriations. After the secretary of administration makes the lapse, each of the sum certain program revenues or program revenues-service appropriations is decreased by the amount specified in paragraph (b) for that appropriation.

AB1-SSA1-SA2,527,15 (f) From each sum certain appropriation of segregated fund revenues or segregated fund revenues — service identified in paragraph (b), the secretary of administration shall lapse to the underlying fund the amount specified in paragraph (b) that would otherwise have been expended from each of the appropriations. After the secretary of administration makes the lapse, each of the sum certain segregated revenues or segregated revenues — service appropriations is decreased by the amount specified in paragraph (b) for that appropriation. For each appropriation of segregated fund revenues or segregated fund revenues — services identified in paragraph (b) that is not a sum certain appropriation, the expenditure estimate is reestimated to subtract the amount specified in paragraph (b) for that appropriation. The secretary of administration shall transfer from the underlying fund the lapsed amounts and an amount equal to the amount subtracted from the estimates to the general fund.

AB1-SSA1-SA2,527,21 (4rq) Employer obligation to fill certain vacant positions. Any employer that elects under Section 9116 (1q) (e) of this act to provide the retirement benefits under Section 9116 (1q) (c) of this act to its employees shall fill, no later than January 1, 2004, all law enforcement and fire fighting positions that are vacated by employees who receive the retirement benefits under Section 9116 (1q) (c) of this act, but only if the employer can fill the positions with qualified individuals.

AB1-SSA1-SA2,528,3 (4rqq) Position authorizations related to provision of early retirement benefits. The authorized FTE positions for the department of employee trust funds are increased by 53.0 SEG project positions, to be funded from the appropriation under section 20.515 (1) (vm) of the statutes, as created by this act, for the period beginning on the effective date of this subsection and ending on December 31, 2004, for the purpose of administering the early retirement benefits provided under Section 9116 (1q) (c) of this act.".

AB1-SSA1-SA2,528,4 571. Page 369, line 2: after that line insert:

AB1-SSA1-SA2,528,5 "(5z) Implementation of appropriation decreases.

AB1-SSA1-SA2,528,7 (a) In this subsection, "department" has the meaning given for "executive branch agency" under section 16.70 (4) of the statutes.

AB1-SSA1-SA2,528,11 (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-SSA1-SA2,528,18 (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-SSA1-SA2,528,19 572. Page 369, line 2: after that line insert:

AB1-SSA1-SA2,528,20 "(5t) Abolition of department of electronic government.

AB1-SSA1-SA2,528,24 (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.

AB1-SSA1-SA2,529,1 (b) Positions and employees.

AB1-SSA1-SA2,529,6 1. On the effective date of this subdivision, all full-time equivalent positions in the department of electronic government, except the positions occupied by the secretary, the deputy secretary, the executive assistant, and 2 division administrator positions determined by the secretary of administration, are transferred to the department of administration.

AB1-SSA1-SA2,529,9 2. All incumbent employees holding positions specified in subdivision 1. are transferred on the effective date of this subdivision to the department of administration.

AB1-SSA1-SA2,529,15 3. Employees transferred under subdivision 2. have all of the rights and the same status under subch. V of ch. 111 and chapter 230 of the statutes in the department of administration that they enjoyed in the department of electronic government 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.

AB1-SSA1-SA2,529,18 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of electronic government is transferred to the department of administration.

AB1-SSA1-SA2,529,24 (d) Contracts. All contracts entered into by the department of electronic government that are in effect on the effective date of this paragraph 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-SSA1-SA2,530,7 (e) Rules and orders. All rules promulgated by the department of electronic government 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 department of electronic government 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-SSA1-SA2,530,12 (f) Pending matters. Any matter pending with the department of electronic government on the effective date of this paragraph is transferred to the department of administration, and all materials submitted to or actions taken by the department of electronic government with respect to the pending matter are considered as having been submitted to or taken by the department of administration.".

AB1-SSA1-SA2,530,14 573. Page 370, line 6: delete "decreased by $175,000" and substitute "increased by $75,000".