33,2813 Section 2813. 1999 Wisconsin Act 9, section 9401 (2zu) is amended to read:
[1999 Wisconsin Act 9] Section 9401 (2zu) Soil surveys and mapping. The repeal of sections 16.967 (11) and 20.505 (1) (ik) and of the statutes, the treatment of sections 15.01 (4) (by Section 12n) and 227.01 (1) (by Section 2353n) of the statutes and the repeal of section 16.965 (3) and (5) of the statutes take effect on September1, 2003 2005.
33,2813e Section 2813e. 2001 Wisconsin Act 16, section 9107 (1) (m) 1. and 3. are amended to read:
33,2813g Section 2813g. 2001 Wisconsin Act 16, section 9107 (1) (m) 3m. is created to read:
33,2813j Section 2813j. 2001 Wisconsin Act 16, section 9107 (1) (m) 4. is amended to read:
33,2813r Section 2813r. 2001 Wisconsin Act 16, section 9123 (16rs) (a) 1. is amended to read:
[2001 Wisconsin Act 16] Section 9123 (16rs) (a) 1. "Administering agency" means a county department under section 46.23, 51.42, or 51.437 of the statutes or , a human services agency that administers the program under a contract with such a county department, or the department of health and family services.
33,2813s Section 2813s. 2001 Wisconsin Act 16, section 9123 (16rs) (b) 6. is amended to read:
[2001 Wisconsin Act 16] Section 9123 (16rs) (b) 6. Counties Administering agencies in counties in which the program is located shall provide, contract for the provision of, organize, or arrange for long-term care supports for eligible children up to age 24 years, consistent with section 46.985 (1) (b) and (6) (f) of the statutes.
33,2813t Section 2813t. 2001 Wisconsin Act 16, section 9123 (16rs) (b) 9. and 10. are repealed.
33,2814 Section 2814. 2001 Wisconsin Act 16, section 9152 (5y) is amended to read:
[2001 Wisconsin Act 16] Section 9152 (5y) Request on West Canal Street reconstruction and extension project funding. A request for additional funds in the 2003-05 fiscal biennium to complete the West Canal Street reconstruction and extension project specified under section 84.03 (3) of the statutes, as created by this act, shall require the city of Milwaukee to make a matching contribution to the amount of the grant to be awarded.
33,9101 Section 9101. Nonstatutory provisions; administration.
(1) Prosecution of drug crimes; Dane County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (kp) and (p) of the statutes, the department of administration shall expend $90,600 in fiscal year 2003-04 and $95,900 in fiscal year 2004-05 to provide the multijurisdictional enforcement group serving Dane County with funding for one assistant district attorney to prosecute criminal violations of chapter 961 of the statutes.
(2) Prosecution of drug crimes; Milwaukee County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (kp) and (p) of the statutes, the department of administration shall expend $286,300 in fiscal year 2003-04 and $294,900 in fiscal year 2004-05 to provide the multijurisdictional enforcement group serving Milwaukee County with funding for 3 assistant district attorneys to prosecute criminal violations of chapter 961 of the statutes.
(4) Transfer of housing operations transitional provisions.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the administration of subchapter II of chapter 16, 2001 stats., other than sections 16.385 and 16.39, 2001 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of commerce.
(b) Position and employee transfers. All incumbent employees holding positions in the department of administration performing duties primarily related to the administration of subchapter II of chapter 16, 2001 stats., other than sections 16.385 and 16.39, 2001 stats., as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of commerce.
(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 commerce that they enjoyed in the department of administration 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.
(d) 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 administration of subchapter II of chapter 16, 2001 stats., other than sections 16.385 and 16.39, 2001 stats., as determined by the secretary of administration, is transferred to the department of commerce.
(e) 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 administration of subchapter II of chapter 16, 2001 stats., other than sections 16.385 and 16.39, 2001 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of commerce. The department of commerce shall carry out any obligations under such a contract until the contract is modified, rescinded by the department of commerce to the extent allowed under the contract, or expires.
(f) 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 administration of subchapter II of chapter 16, 2001 stats., other than sections 16.385 and 16.39, 2001 stats., remain in effect until their specified expiration date or until amended or repealed by the department of commerce. Any orders issued by the department of administration or the division of housing in the department of administration that are in effect on the effective date of this paragraph and that are primarily related to the administration of subchapter II of chapter 16, 2001 stats., other than sections 16.385 and 16.39, 2001 stats., remain in effect until their specified expiration date or until modified or rescinded by the department of commerce.
(g) Pending matters. Any matter pending with the department of administration or the division of housing in the department of administration that is primarily related to the administration of subchapter II of chapter 16, 2001 stats., other than sections 16.385 and 16.39, 2001 stats., is transferred to the department of commerce and all materials submitted to or actions taken by the department of administration or the division of housing in the department of administration with respect to such a matter are considered as having been submitted to or taken by the department of commerce.
(4k) Development of state government management systems and Web site.
(a) Definitions. In this subsection:
1. "Department" means the department of administration.
2. "Secretary" means the secretary of administration.
3. "State agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, except that "state agency" does not include the legislative and judicial branches of state government or an authority.
(b) Competitive sealed proposals. During the 2003-05 fiscal biennium, the department shall solicit competitive sealed proposals under section 16.75 (2m) of the statutes for systems described in this paragraph. Each system shall be applicable to all state agencies and open to the participation of the legislative and judicial branches of state government and shall permit authorized persons to access the system via an Internet browser or device designed to access the World Wide Web. The systems are as follows:
1. A budgeting system that facilitates consideration in the budgeting process of information on the performance of programs, so that state funding decisions may be based on whether state agencies are accomplishing expected results.
2. An accounting system.
3. A system for the procurement of all laundry services for state-provided uniforms; cleaning, custodial, and laundry supplies; consumable janitorial supplies; all other necessary materials, supplies, and equipment; all other permanent personal property and miscellaneous capital; all contractual services; and all other expenses of a consumable nature for all state agencies and, if participating, for the legislative and judicial branches of state government.
4. A human resources system for the processing of all employment information and payroll transactions and for providing information to state employees concerning their pay and benefits.
5. An Internet portal for access to the state agency Web sites and, if participating, Web sites of the legislative and judicial branches of state government.
(c) Additional requirements for procurement system. A competitive sealed proposal for the system described in paragraph (b) 3. shall satisfy all of the following:
1. The proposal shall provide for a system that is designed specifically for the needs of the state but shall provide no initial software customization cost to the state.
2. The proposal shall provide for a system that will utilize centralized processing of procurement orders.
3. The proposal shall provide for a system that will aggregate invoices for each state agency and, if participating, for the legislative and judicial branches of state government.
4. The proposal shall provide for a system that will be integrated with the budgetary information of each state agency and, if participating, with the budgetary information of the legislative and judicial branches of state government and shall facilitate the monthly identification of expenditures in excess of budgeted amounts.
5. The proposal shall provide for a system that will allow authorized persons to enter procurement orders via an Internet browser, a device designed to access the World Wide Web, a facsimile transmission, a telephone, or another method of inputting data electronically into the system.
6. The proposal shall provide for training via the Internet and shall provide for on-site, in-person training at all major state facilities.
(d) Status and informational report. No later than July 1, 2004, the department shall submit a report to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes, indicating all of the following:
1. The status of the solicitations under paragraph (b).
2. The current estimated cost for implementing proposals that comply with paragraph (b).
3. The manner in which the secretary will measure the cost savings and efficiencies achieved through implementation of proposals that comply with paragraph (b) and an estimate of any expected cost savings and efficiencies.
4. The feasibility of consolidating all state agency employees performing duties primarily related to state agency procurement into the department's bureau of procurement.
(e) Implementation. During the 2003-05 fiscal biennium, the department shall implement any portion of a lowest, acceptable competitive sealed proposal solicited under paragraph (b) that may be implemented without statutory changes or additional funding. The department shall include, in the program and financial information required to be forwarded under section 16.42 (1) of the statutes by September 15, 2004, a plan for the implementation, during the 2005-07 fiscal biennium, of the remaining portions of the lowest, acceptable competitive sealed proposals solicited under paragraph (b). The plan shall include all of the following:
1. The estimated resources needed to implement the plan.
2. Statutory changes that, in the opinion of the department, are needed to implement the plan, including statutory changes requiring all state agencies to utilize the system described under paragraph (b) 3. for all applicable state agency procurements.
3. Within 6 months after implementation of the system described under paragraph (b) 3., the deletion of 88.0 authorized FTE positions that perform duties primarily related to state agency procurement and that are funded with nonfederal moneys.
4. The lapse to the general fund from the appropriate appropriation account of any state agency in which a position funded from general purpose revenue is eliminated under subdivision 3. of an amount equal to the salary and fringe benefits budgeted for the position for the balance of each applicable fiscal year; and the transfer to the general fund from the appropriate appropriation account of any state agency in which a position funded from a source other than general purpose revenue or federal revenue is eliminated under subdivision 3. of an amount equal to the salary and fringe benefits budgeted for the position for the balance of each applicable fiscal year.
(7) Position transfer; employee status. The incumbent employee holding the position specified in Section 9159 (8) is transferred on July 1, 2003, to the department of administration and has all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that he or she 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.
(8c) Transfer of waste facility siting board.
(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 waste facility siting board, as determined by the secretary of administration, shall become the assets and liabilities of the department of natural resources.
(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property of the department of administration that is primarily related to the functions of the waste facility siting board, as determined by the secretary of administration, is transferred to the department of natural resources.
(c) 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 functions of the waste facility siting board, as determined by the secretary of administration, remain in effect and are transferred to the department of natural resources. The department of natural resources shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of natural resources to the extent allowed under the contract.
(8f) Employer contributions for health insurance premiums for state employees.
(a) The definitions in section 20.001 of the statutes are applicable in this subsection.
(b) The secretary of administration shall determine for each state agency the amount that the agency would have been required to expend under section 40.05 (4) (ag) 1., 2001 stats., during the period that begins on January 1, 2004, and ends on June 30, 2005, and from each appropriation from which the moneys would have been expended, other than appropriations of federal revenues.
(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. The secretary shall make the lapse on the day on which the state agency would have been required to make the expenditure. After the secretary makes the lapse, each of the sum certain appropriations is decreased by the amount specified in paragraph (b) for that appropriation.
(d) For each sum sufficient appropriation of general purpose revenue identified in paragraph (b), the expenditure estimate for the appropriation during the 2003-05 fiscal biennium is reestimated to subtract the amount specified in paragraph (b) for that appropriation.
(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. The secretary shall make the lapse on the day on which the state agency would have been required to make the expenditure. After the secretary 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.
(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) that would otherwise have been expended from each of the appropriations. The secretary shall make the lapse on the day on which the state agency would have been required to make the expenditure. After the secretary 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 shall then transfer the lapsed amounts and an amount equal to the amount subtracted from the estimates to the general fund.
(9) State agency payments relating to unfunded liabilities under the Wisconsin Retirement System.
(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 or the investment board.
(b) If obligations are issued under section 16.526 or 16.527 of the statutes, as created by this act, or both, during the 2003-05 fiscal biennium, the secretary of administration shall determine for each state agency the amount that the agency would have been required to expend under sections 40.05 (2) (b) and 40.05 (4) (b), (bc), and (bw) and subchapter IX of chapter 40 of the statutes during the 2003-05 fiscal biennium had the obligations not been issued, and from each appropriation from which the moneys would have been expended.
(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. The secretary of administration shall make the lapse on the day on which the state agency would have been required to make the expenditure. 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.
(d) For each sum sufficient appropriation of general purpose revenue identified in paragraph (b ), the expenditure estimate for the appropriation during the 2003-05 fiscal biennium is reestimated to subtract the amount specified in paragraph (b) for that appropriation.
(e) 1. Except as provided in subdivision 2., 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. The secretary of administration shall make the lapse on the day on which the state agency would have been required to make the expenditure. 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.
2. From each appropriation of federal revenues, the secretary of administration shall determine the amount that is lapsed to the general fund.
(f) 1. Except as provided in subdivision 2., 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 ) that would otherwise have been expended from each of the appropriations. The secretary of administration shall make the lapse on the day on which the state agency would have been required to make the expenditure. 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.
2. From each appropriation of segregated federal revenues, the secretary of administration shall determine the amount that is transferred to the general fund.
(9q) Appropriation account lapses and fund transfers resulting from Wisconsin retirement system contributions savings.
(a) Definitions. 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 or the investment board.
(b) Determination of credit amounts. If obligations are issued under section 16.526 or 16.527 of the statutes, as created by this act, or both, during the 2003-04 fiscal year, the secretary of administration shall determine for each state agency any amount credited by the department of employee trust funds to the state agency's appropriations from program revenues, program revenues-service, segregated fund revenues, and segregated fund revenues — service during the 2003-04 fiscal year, other than amounts described in Section 9101 (9) (b) of this act, that represents an overpayment of a liability due to the issuance of the obligations.
(c) Lapses and transfers.
1. During the 2003-04 fiscal year, the secretary of administration shall lapse from each state agency's appropriations from program revenues and program revenues-service to the general fund the amounts calculated by the secretary under paragraph (b) for those appropriations.
2. During the 2003-04 fiscal year, the secretary of administration shall lapse from each state agency's appropriations from segregated fund revenues and segregated fund revenues — service to the appropriate segregated fund the amount calculated by the secretary under paragraph (b) for those appropriations. After making this lapse, the secretary shall transfer from the appropriate segregated fund to the general fund an amount equal to the lapse.
(9x) Attorney positions.
(a) In this subsection, "state agency" means an office, commission, department, independent agency, or board in the executive branch of state government, excluding the Board of Regents of the University of Wisconsin System, the department of employee trust funds , and the state of Wisconsin investment board.
(b) On January 2, 2004, all attorney positions in all state agencies that are vacant on that date are eliminated. If fewer than 31.0 FTE attorney positions in all state agencies are vacant on January 2, 2004, there are eliminated the requisite number of FTE attorney positions , as identified by the secretary of administration, so that a total of 31.0 FTE attorney positions are eliminated.
(c) 1. On January 2, 2004, the secretary of administration shall lapse to the general fund from the appropriate appropriation account of any state agency in which a position funded from general purpose revenue is eliminated under paragraph (b) an amount equal to the salary and fringe benefits budgeted for the position for the balance of the 2003-04 fiscal year; and shall transfer to the general fund from the appropriate appropriation account of any state agency in which a position funded from a source other than general purpose revenue or federal revenue is eliminated under paragraph (b) an amount equal to the salary and fringe benefits budgeted for the position for the balance of the 2003-04 fiscal year.
2. On July 1, 2004, the secretary of administration shall lapse to the general fund from the appropriate appropriation account of any state agency in which a position funded from general purpose revenue is eliminated under paragraph (b) an amount equal to the salary and fringe benefits budgeted for the position for the 2004-05 fiscal year; and shall transfer to the general fund from the appropriate appropriation account of any state agency in which a position funded from a source other than general purpose revenue or federal revenue is eliminated under paragraph (b) an amount equal to the salary and fringe benefits budgeted for the position for the 2004-05 fiscal year.
(10) Transitional funding of housing operations. Notwithstanding the requirement under section 20.001 (3) (a) of the statutes that annual appropriations are expendable only up to the amount shown in the schedule and only for the fiscal year for which made, and notwithstanding the requirement under section 20.001 (3) (b) of the statutes that biennial appropriations are expendable only up to the total amount shown in the schedule for both years and only for the biennium for which made, during the period that begins on the effective date of this subsection and ends on the 30th day after the effective date of this subsection, the annual and biennial appropriations to the department of administration under section 20.505 (7) of the statutes provided for the 2002-03 fiscal year shall remain in effect until the 30th day after the effective date of this subsection, except that, for the annual appropriations, the department of administration may not expend or encumber more than one-twelfth of the amounts appropriated for the 2002-03 fiscal year from each such appropriation and, for the biennial appropriations, the department of administration may not expend or encumber more than one-twelfth of the amounts shown in the schedule for the 2002-03 fiscal year from each such appropriation.
(10d) Transfer of educational technology programs.
(a) The authorized FTE positions for the department of administration, funded from the appropriation under section 20.505 (4) (hc) of the statutes, as created by this act, are increased by 0.5 PR position on the effective date of this subsection for the administration of technology for educational achievement programs under subchapter IX of chapter 16 of the statutes, as created by this act.
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