Amendment SSA1-SB21

SB21-SSA1,1522,14 (3j) Study concerning tourism marketing expenditures; report. The department of tourism shall conduct a study of the statewide benefits of the marketing expenditures required under section 41.11 (6) of the statutes and any possible alternative marketing expenditures that could be made with the same funds. No later than January 1, 2017, the department of tourism shall submit to the joint committee on finance a report detailing its findings from the study conducted under this subsection.

SB21-SSA1,9145 Section 9145. Nonstatutory provisions; Transportation.

SB21-SSA1,1522,23 (1c) City of Kewaunee harbor assistance grant. In the 2015-16 fiscal year, from the appropriations under sections 20.395 (2) (cq) and 20.866 (2) (uv) of the statutes, as affected by this act, notwithstanding the eligibility criteria under section 85.095 of the statutes, the department of transportation shall award a grant under section 85.095 (2) (a) of the statutes to the city of Kewaunee for harbor infrastructure improvements and repair and restoration of harbor facilities. The amount of the grant awarded under this subsection shall be $4,220,000 or the total cost of the project, whichever is less.

SB21-SSA1,1523,4 (1d) State highway program audit. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a performance evaluation audit of the state highway program. If the committee directs the legislative audit bureau to conduct the audit, the bureau shall file its reports in the manner described under section 13.94 (1) (b) of the statutes by January 1, 2017. If conducted, the audit shall do all of the following:

SB21-SSA1,1523,9 (a) Evaluate the department of transportation's traffic forecasting methodologies, assess the accuracy of its forecasts as compared to those produced by other states, assess the conformity of the department's traffic forecasting methodologies with relevant professional standards, and consider any other factor relevant to the assessment of the department's traffic forecasting methodologies.

SB21-SSA1,1523,13 (b) The evaluation under paragraph (a) shall include a comparison of traffic forecasts provided by the department of transportation from 1990 to 2014 during federal environmental project reviews with postconstruction traffic counts in corresponding completed project locations.

SB21-SSA1,1523,18 (c) The comparison under paragraph (b) shall include a comparison of the accuracy of the department of transportation's traffic forecasts for projects in the state highway rehabilitation program, the major highway development program, the southeast Wisconsin freeway rehabilitation program, and the southeast Wisconsin freeway megaprojects program.

SB21-SSA1,1523,25 (d) Evaluate the processes and factors that the department of transportation uses to select the timing, type, and scope of highway improvements. The types of improvements evaluated shall include lane additions, increasing highway shoulder width, purchase of additional right-of-way, construction of bicycle and pedestrian facilities, changes to roadway geometric alignments, use of dynamic and static messaging signs, and inclusion of ramp gates, barriers, roundabouts, diverging diamond intersections, or aesthetic design elements in projects.

SB21-SSA1,1524,3 (e) The evaluation under paragraph (d) shall include the total amount expended for each highway improvements type from fiscal year 2005-06 to fiscal year 2014-15 by fiscal year.

SB21-SSA1,1524,6 (f) Assess whether the department of transportation could reduce state highway program expenditures on safety-related improvements without significantly reducing public safety.

SB21-SSA1,1524,11 (g) Evaluate the extent to which the department of transportation has met, failed to meet, or exceeded minimum federal and state requirements for highway design and construction for fiscal year 2005-06 to fiscal year 2014-15 and the costs or savings associated with the department's practices related to compliance with highway design and construction requirements.

SB21-SSA1,1524,14 (h) Audit the department of transportation's bidding practices related to the state highway program for fiscal year 2005-06 to fiscal year 2014-15 and assess the extent to which these practices have complied with state statutes.

SB21-SSA1,1524,16 (i) Provide recommendations for the improvement or correction of practices of the department of transportation related to the components of this audit.

SB21-SSA1,1524,22 (1f) General transportation aid payment to the town of Kendall. Notwithstanding any provision of section 86.30 of the statutes relating to amount of or eligibility for aids payments under that section, in the 2015-16 fiscal year, from the appropriation under section 20.395 (1) (ar) of the statutes, as affected by this act, the department of transportation shall make an aid payment of $24,800 to the town of Kendall in Lafayette County to correct a prior aid payment by the department.

SB21-SSA1,1524,23 (1v) Contingent transportation bonding.

SB21-SSA1,1525,13 (a) The department of transportation may submit a request to use the proceeds of general obligation bonds issued under section 20.866 (2) (uuu) of the statutes to the joint committee on finance. If paragraph (d) 2. applies, the request shall include a recommendation regarding whether section 20.395 (6) (ae) or (av) of the statutes should be used to pay principal and interest costs. If the cochairpersons of the joint committee on finance do not notify the department of transportation within 14 working days after the submission of the request that the committee intends to schedule a meeting to review the request, the department of transportation may expend the bond proceeds as requested and any recommendation by the department regarding the appropriation to be used to pay principal and interest costs is approved. If, within 14 working days after the date of the submission of the request, the cochairpersons of the committee notify the department that the committee intends to schedule a meeting for the purpose of reviewing the request, the department of transportation may not expend the bond proceeds, except as the committee determines.

SB21-SSA1,1525,16 (b) Notwithstanding paragraph (a), the joint committee on finance may not approve the use of more than $200,000,000 in state debt under section 20.866 (2) (uuu) of the statutes in fiscal year 2015-16.

SB21-SSA1,1525,23 (c) For fiscal year 2016-17, the modification amount is equal to the amount by which total state revenues for the transportation fund as shown in the annual fiscal report for fiscal year 2015-16 exceed $1,661,562,400, except that the modification amount may not exceed $150,000,000. Notwithstanding paragraph (a), the total amount of debt authorization under section 20.866 (2) (uuu) of the statutes that the joint committee on finance may approve in fiscal year 2016-17 is reduced by the modification amount.

SB21-SSA1,1526,3 (d) Principal and interest costs incurred in financing major highway and rehabilitation projects under section 20.866 (2) (uuu) of the statutes shall be paid as follows:

SB21-SSA1,1526,6 1. For costs related to the first $175,000,000 in state debt incurred under section 20.866 (2) (uuu) of the statutes, from the appropriation under section 20.395 (6) (ae) of the statutes.

SB21-SSA1,1526,10 2. For costs related to state debt incurred under section 20.866 (2) (uuu) of the statutes other than that described under subdivision 1., from the appropriations under section 20.395 (6) (ae) or (av) of the statutes, as the joint committee on finance directs in approving a request under paragraph (a).

SB21-SSA1,1526,23 (e) If the modification amount under paragraph (c) is greater than zero, the department of transportation may submit a request to the joint committee on finance to supplement appropriations under section 20.395 (3) (bq) and (cq) of the statutes for additional major highway development or state highway rehabilitation funding up to the amount of the modification amount. If the cochairpersons of the joint committee on finance do not notify the department of transportation within 14 working days after the submission of the request that the committee intends to schedule a meeting to review the request, the appropriations shall be supplemented as requested. If, within 14 working days after the date of the submission of the request, the cochairpersons of the committee notify the department that the committee intends to schedule a meeting for the purpose of reviewing the request, the appropriations requested to be supplemented shall not be supplemented, except as the committee determines.

SB21-SSA1,1526,24 (f) This subsection does not apply after June 30, 2017.

SB21-SSA1,1527,7 (2f) General transportation aid payment to the village of Lake Hallie. Notwithstanding any provision of section 86.30 of the statutes relating to amount of or eligibility for aids payments under that section, in the 2015-16 fiscal year, from the appropriation under section 20.395 (1) (ar) of the statutes, as affected by this act, the department of transportation shall make an aid payment of $168,700 to the village of Lake Hallie in Chippewa County to correct a prior aid payment by the department.

SB21-SSA1,1527,18 (3f) Payments to replace young road bridge in the town of Seneca. Notwithstanding eligibility requirements for receiving aid or limitations on the amount and use of aid provided under section 84.18 of the statutes, in the 2015-16 fiscal year, from the appropriation under section 20.395 (2) (eq) of the statutes, as affected by this act, the department of transportation shall provide to the town of Seneca in Wood County a grant of $85,000, or an amount equal to the share of the total project cost paid by the town of Seneca, whichever is less, for the replacement of the Young Road Bridge in the town of Seneca. The grant under this subsection shall be paid from amounts allocated under section 20.395 (2) (eq) of the statutes, as affected by this act, for bridge development, construction, and rehabilitation under section 84.18.

SB21-SSA1,1527,19 (4f) Freight optimization modeling report.

SB21-SSA1,1528,6 (a) The department of transportation and the Wisconsin Economic Development Corporation shall conduct a study and prepare a report analyzing possible applications of freight optimization modeling for the purposes of economic development and transportation infrastructure prioritization in the state. The report shall include a description of how the department and the Wisconsin Economic Development Corporation would use freight optimization consultant services for the purposes of economic development and transportation infrastructure prioritization and a recommendation regarding the use of available funding for contracting with one or more consultants for providing freight optimization modeling services. No later than June 30, 2016, the department and the Wisconsin Economic Development Corporation shall complete the study and submit the report to the joint committee on finance.

SB21-SSA1,1528,13 (b) The department of transportation may submit together with the report under paragraph (a) a request under section 13.10 of the statutes to supplement the appropriation under section 20.395 (4) (bk) of the statutes from the appropriation under section 20.865 (4) (a) of the statutes for the purpose of contracting with a consultant for freight optimization modeling. Notwithstanding section 13.101 (3) (a) of the statutes, the joint committee on finance is not required to find that an emergency exists prior to making a supplementation under this paragraph.

SB21-SSA1,1528,20 (5f) Transportation fund solvency study. The department of transportation shall study methods of improving the solvency of the transportation fund and, not later than January 1, 2017, shall submit to the joint committee on finance a report detailing the use of funds allocated for this study, describing the study that was conducted, including the results and conclusions of the study, and making recommendations for statutory modifications needed to improve the solvency of the transportation fund.

SB21-SSA1,9146 Section 9146. Nonstatutory provisions; Treasurer.

SB21-SSA1,9147 Section 9147. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Authority.

SB21-SSA1,9148 Section 9148. Nonstatutory provisions; University of Wisconsin System.

SB21-SSA1,1529,7 (2d) Procurement policies. The Board of Regents shall submit to the joint committee on finance its procurement policies required under section 36.11 (56m) (b) of the statutes. The joint committee on finance shall submit its approval of the procurement policies to the legislative reference bureau. Upon receipt of the approval, the legislative reference bureau shall publish the approval as a notice in the Wisconsin Administrative Register that states the date on which the approval was submitted.

SB21-SSA1,1529,8 (3d) General purpose revenue allocation.

SB21-SSA1,1529,11 (a) In this subsection, "institution" has the meaning given in section 36.05 (9) of the statutes, and includes the extension, as defined in section 36.05 (7) of the statutes.

SB21-SSA1,1529,15 (b) The Board of Regents of the University of Wisconsin System shall allocate the $50,000,000 increase in general purpose revenues under motion number 521 adopted by the Joint Committee on Finance on May 29, 2015, to the institutions that are most impacted by reductions in general purpose revenue spending under this act.

SB21-SSA1,1529,21 (4) Resident undergraduate tuition. Notwithstanding section 36.27 (1) (a) of the statutes, and except as provided in subsection (4d), the Board of Regents of the University of Wisconsin System may not charge resident undergraduates enrolled in an institution or college campus in the 2015-16 or 2016-17 academic year more in academic fees than it charged resident undergraduates enrolled in that institution or college campus in the 2014-15 academic year.

SB21-SSA1,1530,2 (4d) University of Wisconsin-Stevens Point differential tuition. The Board of Regents of the University of Wisconsin System may increase resident undergraduate tuition at the University of Wisconsin-Stevens Point in the 2015-16 and 2016-17 academic years to implement a differential tuition that is approved by students in a referendum held after the effective date of this subsection.

SB21-SSA1,1530,6 (4g) Director of the office of educational opportunity. The president of the University of Wisconsin System shall appoint a special assistant to serve as the director of the office of educational opportunity under section 36.09 (2) (c) of the statutes by no later than 120 days after the effective date of this subsection.

SB21-SSA1,1530,8 (5) Capitalization change. Wherever "board of regents" appears in the statutes, "Board of Regents" is substituted.

SB21-SSA1,1530,13 (6d) Supplements from compensation reserve during 2015-17 fiscal biennium. Notwithstanding section 20.928 of the statutes, the Board of Regents of the University of Wisconsin System may not certify any amount to supplement its agency budget to the department of administration under section 20.928 (1) of the statutes for the 2015-17 fiscal biennium.

SB21-SSA1,1530,14 (7j) Annual financial audit of the University of Wisconsin System.

SB21-SSA1,1530,15 (a) Definitions. In this subsection:

SB21-SSA1,1530,16 1. "Board" has the meaning given in section 36.05 (2) of the statutes.

SB21-SSA1,1530,17 2. "System" has the meaning given in section 36.05 (12) of the statutes.

SB21-SSA1,1530,20 (b) No financial audit by legislative audit bureau. Notwithstanding section 13.94 (1) (t) of the statutes, the legislative audit bureau shall not conduct a financial audit of the system for the 2015-16 and 2016-17 fiscal years.

SB21-SSA1,1531,2 (c) Contract for financial audit. The board shall contract with an independent accounting firm licensed under chapter 442 of the statutes for purposes of conducting an annual financial audit of the system for fiscal year 2015-16 and fiscal year 2016-17. This accounting firm shall report to the board and shall provide all of the following to the board, the governor, the joint legislative audit committee, and the joint committee on finance:

SB21-SSA1,1531,3 1. The audited financial statements.

SB21-SSA1,1531,4 2. Performance improvement observations.

SB21-SSA1,1531,6 3. A management letter complete with internal control deficiencies and audit differences.

SB21-SSA1,1531,10 (d) Legislative audit bureau assistance. The accounting firm with which the board contracts under paragraph (c) may use the legislative audit bureau to assist in conducting the audit to the extent the work relied upon does not modify the audit opinion with the exception of accepting the prior year's unqualified opinion.

SB21-SSA1,1531,11 (8u) Accountability measures.

SB21-SSA1,1531,13 (a) The Board of Regents of the University of Wisconsin System shall identify accountability measures in all of the following areas:

SB21-SSA1,1531,14 1. Financial management.

SB21-SSA1,1531,15 2. Administrative management.

SB21-SSA1,1531,16 3. Educational performance.

SB21-SSA1,1531,17 4. Research and economic development.

SB21-SSA1,1531,22 (b) By October 1, 2015, the Board of Regents of the University of Wisconsin System shall submit the accountability measures identified under paragraph (a) to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees in the manner provided under section 13.172 (3) of the statutes, for approval by these committees.

SB21-SSA1,9149 Section 9149. Nonstatutory provisions; Veterans Affairs.

SB21-SSA1,9150 Section 9150. Nonstatutory provisions; Wisconsin Economic Development Corporation.

SB21-SSA1,1532,5 (5d) Policy concerning unassigned balance. No later than October 1, 2015, the board of directors of the Wisconsin Economic Development Corporation shall submit its policies and procedures established under section 238.03 (4) of the statutes, as created by this act, to the joint committee on finance and the joint legislative audit committee.

SB21-SSA1,1532,8 (5dc) Economic development grants. In fiscal year 2015-16, from the appropriation under section 20.192 (1) (a) of the statutes, the Wisconsin Economic Development Corporation shall do all of the following:

SB21-SSA1,1532,19 (a) Grant $250,000 to the Mid-West Energy Research Consortium to support the growth, training, and research and development of private businesses in the energy, power, and control sector that are headquartered in Wisconsin. The Wisconsin Economic Development Corporation shall develop policies and procedures for determining whether a business is headquartered in Wisconsin and otherwise eligible to receive grant moneys under this paragraph. The Mid-West Energy Research Consortium may not expend any grant moneys under this paragraph after June 30, 2017; shall repay any grant moneys not expended under this paragraph to the secretary of administration for deposit in the general fund; and shall comply with all record-keeping and reporting requirements applicable to other recipients of grants from the Wisconsin Economic Development Corporation.

SB21-SSA1,1532,22 (b) Grant $250,000 to Prosperity Southwest Wisconsin for a new revolving loan program in the southwest region of the state to promote regional economic development and entrepreneurial start-ups.

SB21-SSA1,1532,25 (c) Grant $150,000 to the Northcentral Technical College for the purchase of commercial stoves, ovens, and other equipment for that college's culinary arts program and business incubator facilities.

SB21-SSA1,1533,5 (d) Grant $100,000 to the Marathon County Economic Development Corporation for a revolving loan fund to support minority-owned businesses in Marathon County. A business is considered to be minority owned for purposes of this paragraph if the business is at least 30 percent owned by a minority group member, as defined in section 16.287 (1) (f) of the statutes.

SB21-SSA1,9151 Section 9151. Nonstatutory provisions; Workforce Development.

SB21-SSA1,1533,7 (2) Transfer of worker's compensation adjudicatory functions.

SB21-SSA1,1533,13 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of workforce development that are primarily related to the adjudicatory functions of the division of worker's compensation in that department, as determined by the secretary of administration, shall become the assets and liabilities of the division of hearings and appeals in the department of administration.

SB21-SSA1,1533,24 (bu) Positions and employees. On the effective date of this paragraph, not less than 18.0 FTE SEG administrative law judge positions, and all incumbent employees holding those positions, in the department of workforce development performing duties that are primarily related to the adjudicatory functions of the division of worker's compensation in that department, as determined by the secretary of administration, are transferred to the division of hearings and appeals in the department of administration. In determining the number of administrative law positions to be transferred under this paragraph, the secretary of administration shall ensure that not less than 6.0 FTE SEG administrative law judge positions and 2.0 FTE SEG legal support staff positions remain at the department of workforce development.

SB21-SSA1,1534,6 (c) Employee status. Employees transferred under paragraph (bu) have all the rights and the same status under chapter 230 of the statutes in the division of hearings and appeals in the department of administration that they enjoyed in the department of workforce development 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.

SB21-SSA1,1534,12 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of workforce development that is primarily related to the adjudicatory functions of the division of worker's compensation in that department, as determined by the secretary of administration, is transferred to the division of hearings and appeals in the department of administration.

SB21-SSA1,1534,20 (e) Pending matters. Any matter pending with the department of workforce development on the effective date of this paragraph that is primarily related to the adjudicatory functions of the division of worker's compensation in that department, as determined by the secretary of administration, is transferred to the division of hearings and appeals in the department of administration. All materials submitted to or actions taken by the department of workforce development with respect to the pending matter are considered as having been submitted to or taken by the division of hearings and appeals in the department of administration.

SB21-SSA1,1535,4 (f) Contracts. All contracts entered into by the department of workforce development in effect on the effective date of this paragraph that are primarily related to the adjudicatory functions of the division of worker's compensation in that department, as determined by the secretary of administration, remain in effect and are transferred to the division of hearings and appeals in the department of administration. The division of hearings and appeals in the department of administration shall carry out any obligations under those contracts unless modified or rescinded by the division of hearings and appeals in the department of administration to the extent allowed under the contract.

SB21-SSA1,1535,16 (g) Rules and orders. All rules promulgated by the department of workforce development in effect on the effective date of this paragraph that are primarily related to the adjudicatory functions of the division of worker's compensation in that department, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the administrator of the division of hearings and appeals in the department of administration. All orders issued by the department of workforce development in effect on the effective date of this paragraph that are primarily related to the adjudicatory functions of the division of worker's compensation in that department, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the administrator of the division of hearings and appeals in the department of administration.

SB21-SSA1,1535,17 (5) Unemployment insurance; drug testing.

SB21-SSA1,1535,22 (a) Scope statements for rules. The department of workforce development shall present the statements of scope of the rules required under sections 108.04 (8) (b) and 108.133 (2) (a) and (am) and (4) (b) of the statutes, as created by this act, to the governor for approval under section 227.135 (2) of the statutes no later than the 180th day after the effective date of this paragraph.

SB21-SSA1,1536,8 (b) Emergency rule authority. Using the procedure under section 227.24 of the statutes, the department of workforce development may promulgate any rules required under sections 108.04 (8) (b) and 108.133 (2) (a) and (am) and (4) (b) of the statutes, as created by this act, for the period before the effective date of any corresponding permanent rules, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (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 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 paragraph.

SB21-SSA1,1536,9 (6) Infrastructure employee transfers.

SB21-SSA1,1536,14 (a) Employee transfers. On the effective date of this paragraph, 4.0 FTE positions and the incumbent employees in the classified service of the state civil service holding those positions in the department of workforce development performing duties primarily related to infrastructure, as determined by the secretary of administration, are transferred to the department of administration.

SB21-SSA1,1536,20 (b) Employee status. Employees transferred under paragraph (a) have all the rights and the same status under chapter 230 of the statutes in the department of administration that they enjoyed in the department of workforce development 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.

SB21-SSA1,9152 Section 9152. Nonstatutory provisions; Other.

SB21-SSA1,1536,22 (1c) Pay-for-performance contracts.

SB21-SSA1,1536,23 (a) In this subsection:

SB21-SSA1,1537,6 1. "Pay-for-performance contract" means a contract between a state agency and a private organization for the delivery of services under which payment for those services is contingent upon, and delayed until, the private organization achieves specified performance outcomes as measured by an independent evaluator using agreed-upon standards of measurement. The private organization may serve as an intermediary for obtaining funding to perform the contract by raising capital from private donors or investors and for subcontracting with direct providers to achieve the specified performance outcomes.

SB21-SSA1,1537,8 2. "State agency" means any office, department, or independent agency in the executive branch of state government.

SB21-SSA1,1537,12 (b) All state agencies shall review current programs and submit to the joint committee on finance on or before December 1, 2015, a plan that identifies expenditures that could be decreased or programs that could be improved through the use of pay-for-performance contracts.

SB21-SSA1,1537,14 (1d) Required general fund structural balance. Section 20.003 (4m) of the statutes shall not apply to the action of the legislature in enacting this act.

SB21-SSA1,9201 Section 9201. Fiscal changes; Administration.