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(c) 1. During the 2001-02 fiscal year , the secretary shall lapse to the general fund or appropriate segregated fund from each sum certain appropriation account made to each state agency from any revenue source except program revenue, federal revenue, or segregated revenue derived from specific program receipts, or shall reestimate to subtract from the expenditure estimate for each appropriation other than a sum certain appropriation made to each state agency from any revenue source, an amount equivalent to the amount expended by that state agency for annual salary and fringe benefit costs for the vacant positions identified by the secretary under paragraph (b) from that appropriation in the 2000-01 fiscal year. During the 2002-03 fiscal year, the secretary shall lapse to the general fund or appropriate segregated fund from each such account or shall reestimate to subtract from each such estimate an equivalent amount.
2. Each sum certain appropriation to each state agency for the 2001-02 fiscal year and the 2002-03 fiscal year from program revenue, federal revenue, or segregated revenue derived from specific program receipts is decreased by an amount equal to the amount expended by that state agency for the payment of annual salary and fringe benefit costs for the vacant positions identified by the secretary under paragraph (b) from that appropriation in the 2000-01 and 2002-03 fiscal years.
(d) The authorized FTE positions for each state agency are decreased by the number of FTE positions identified by the secretary under paragraph (b) from the appropriate funding source.
(e) The secretary shall notify the joint committee on finance of all actions taken under paragraphs (c) and (d).
16,9104 Section 9104. Nonstatutory provisions; agriculture, trade and consumer protection.
(1) Agricultural producer security council. Notwithstanding the length of terms specified for the members of the agricultural producer security council under section 15.137 (1) (a) of the statutes, as created by this act, the initial members shall be appointed for terms expiring on July 1, 2005.
(1v) Qualified producer agent rules. Using the procedure under section 227.24 of the statutes, the department of agriculture, trade and consumer protection may promulgate the rule required under section 126.51 of the statutes, as created by this act, for the period before the effective date of the permanent rule, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(2) Agricultural producer security transition.
(a) Vegetable contractors. Notwithstanding Section 9404 (1) of this act, chapter 126 of the statutes, as created by this act, does not apply with respect to vegetable contractors until February 1, 2002, except as follows:
1. All registration fees and surcharges paid under section 100.03 (3), 1999 stats., after December 31, 2001, shall be deposited in the agricultural producer security fund.
2. A vegetable contractor applying for a license for the license year that begins on February 1, 2002, shall submit an application that complies with section 126.56 of the statutes, as created by this act.
(b) Milk contractors. Notwithstanding Section 9404 (1) of this act, chapter 126 of the statutes, as created by this act, does not apply with respect to milk contractors until May 1, 2002, except as follows:
1. All milk producer security fees paid under section 100.06 (9), 1999 stats., after December 31, 2001, shall be deposited in the agricultural producer security fund.
2. A milk contractor applying for a license for the license year that begins on May 1, 2002, shall submit an application that complies with section 126.41 of the statutes, as created by this act.
(c) Grain dealers and warehouse keepers. Notwithstanding Section 9404 (1) of this act, chapter 126 of the statutes, as created by this act, does not apply with respect to grain dealers and grain warehouse keepers until September 1, 2002, except as follows:
1. All license fees and surcharges paid under chapter 127, 1999 stats., after December 31, 2001, shall be deposited in the agricultural producer security fund.
2. A grain dealer applying for a license for the license year that begins on September 1, 2002, shall submit an application that complies with section 126.11 of the statutes, as created by this act.
3. A grain warehouse keeper applying for a license for the license year that begins on September 1, 2002, shall submit an application that complies with section 126.26 of the statutes, as created by this act.
(2k) Arsenic in wood. No later than the 4th quarterly meeting of the joint committee on finance under section 13.10 of the statutes in 2001, the department of agriculture, trade and consumer protection and the department of commerce jointly shall submit to the committee a comprehensive plan recommending how to keep wood that is treated with arsenic, inorganic arsenic, or an arsenic copper combination, such as chromated copper arsenate wood preservative fungicide, from being used in picnic tables, park benches, and children's playground equipment at elementary and secondary schools and municipal parks, if there is a less harmful substitute wood preservative that may be used.
(3k) Advisory committee. The department of agriculture, trade and consumer protection shall appoint a committee under section 227.13 of the statutes to advise the department concerning rules required to be promulgated under section 173.40 of the statutes, as created by this act. The department shall ensure that the members of the committee represent a variety of interests related to animals.
(4f) Soil and water management positions. The authorized FTE positions for the department of agriculture, trade and consumer protection are increased by 11.0 SEG positions, funded by the appropriation under section 20.115 (7) (qd) of the statutes, to reflect the transfer of funding for nonpoint source water pollution control to the environmental fund.
(4q) Telephone solicitation regulation. The authorized FTE positions for the department of agriculture, trade and consumer protection are increased by 5.5 PR positions, to be funded from the appropriation under section 20.115 (8) (jm) of the statutes, as created by this act, for the purpose of regulating telephone solicitations under section 100.52 of the statutes, as created by this act.
(4z) Agricultural producer security positions.
(a) The authorized FTE positions for the department of agriculture, trade and consumer protection are increased on January 1, 2002, by 12.12 SEG positions, to be funded from the appropriation under section 20.115 (1) (q) of the statutes, as created by this act, for agricultural producer security.
(b) The authorized FTE positions for the department of agriculture, trade and consumer protection are increased on January 1, 2002, by 0.5 PR position, to be funded from the appropriation under section 20.115 (1) (h) of the statutes, for agricultural producer security.
16,9105 Section 9105. Nonstatutory provisions; arts board.
(1h) Initial terms of Wisconsin Artistic Endowment Foundation members. Notwithstanding section 247.03 (2) (a) of the statutes, as created by this act, 2 of the initial members of the board of directors of the Wisconsin Artistic Endowment Foundation shall be appointed for 2-year terms; 2 of the initial members shall be appointed for 4-year terms; and 2 of the initial members shall be appointed for 6-year terms.
16,9106 Section 9106. Nonstatutory provisions; boundary area commission, Minnesota-Wisconsin.
(1k) Minnesota-Wisconsin boundary area commission and compact withdrawal. The state of Wisconsin withdraws from the Minnesota-Wisconsin boundary area commission and from the compact creating the commission under chapter 274, laws of 1965. The governor of Wisconsin shall inform the governor of Minnesota of this withdrawal no later than 10 days after the effective date of this subsection.
16,9107 Section 9107. Nonstatutory provisions; building commission.
(1) 2001-03 Authorized state building program. For the fiscal years beginning on July 1, 2001, and ending on June 30, 2003, the authorized state building program is as follows: - See PDF for table PDF
(2) Programs previously authorized. In addition to the projects and financing authority enumerated under subsection (1), the building and financing authority enumerated under the previous state building program is continued in the 2001-03 fiscal biennium.
(3) Loans. During the 2001-03 fiscal biennium, the building commission may make loans from general fund supported borrowing or the building trust fund to state agencies, as defined in section 20.001 (1) of the statutes, for projects which are to be utilized for programs not funded by general purpose revenue and which are authorized under subsection (1).
(3f) 1999-2001 State building program changes.
(a) In 1999 Wisconsin Act 9, section 9107 (1) (i) 3., under projects financed by program revenue supported borrowing, the amount authorized for the project identified as "System — Aquaculture demonstration facility — Ashland area" is increased from $3,000,000 to $3,350,000 and the appropriate totals are increased accordingly.
(3q) University of Wisconsin System facilities repair and renovation. Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission shall not authorize public debt to be contracted for the purpose for which moneys are allocated under section 20.866 (2) (z) 4m. of the statutes, as created by this act, prior to July 1, 2003.
(4) Project contingency funding reserve. During the 2001-03 fiscal biennium, the building commission may allocate moneys from the appropriation under section 20.866 (2) (yg) of the statutes, as affected by this act, for contingency expenses in connection with any project in the authorized state building program.
(4v) Mechanical engineering building renovation and addition; University of Wisconsin-Madison. Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission shall not authorize public debt to be contracted for the purpose of financing the mechanical engineering building renovation and addition at the University of Wisconsin-Madison, as enumerated in subsection (1) (m), prior to July 1, 2003.
(5) Digital television conversion.
(a) Of the public debt authorized to be contracted under section 20.866 (2) (zd) of the statutes, $14,200,000 is allocated to finance construction of the digital television conversion project enumerated under subsection (1) (c). Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission shall not authorize public debt to be contracted for the purpose for which moneys are allocated under this subsection in an amount exceeding $8,000,000 prior to July 1, 2003, and shall not authorize any of that amount of debt to be contracted unless the secretary of administration notifies the commission that the secretary has approved the report submitted by the president of the University of Wisconsin System and the chairperson of the educational communications board under Section 9159 (2x) of this act.
(b) Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission may authorize public debt to be contracted for the purpose for which moneys are allocated under this subsection in an amount exceeding $8,000,000 only after June 30, 2003, and only if the president of the University of Wisconsin System and the educational communications board submit the report required under Section 9159 (2y) of this act before the authorization is made.
(6q) HR Academy, Inc., youth and family center. Notwithstanding section 13.48 (35) of the statutes, as created by this act, the building commission shall not make a grant to HR Academy, Inc., for the youth and family center project enumerated in subsection (1) (ob) under section 13.48 (35) of the statutes, as created by this act, unless the department of administration has reviewed and approved the plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.
(7x) Wisconsin history center. Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission shall not authorize public debt to be contracted for the purpose of funding construction of all or any portion of the Wisconsin history center, as enumerated under subsection (1) (e), until the building commission determines that the historical society has secured funding commitments from gifts, grants, or other receipts to finance construction of the center in an amount at least equal to the amount of public debt proposed to be contracted to fund construction of the center, excluding that portion of the center to be utilized solely as a parking facility. Upon making the determination required under this subsection, the building commission shall notify the cochairpersons of the joint committee on finance of the commission's determination that gifts, grants, and other receipts have been secured in a specified amount and shall provide to the cochairpersons supporting documentation. If the cochairpersons of the committee do not notify the building commission that the committee has scheduled a meeting for the purpose of reviewing the determination within 14 working days after the date of the notification, the building commission may authorize public debt to be contracted in the amount specified in its determination. Notwithstanding section 18.04 (1) and (2) of the statutes, if within 14 working days after the date of the notification the cochairpersons of the committee notify the building commission that the committee has scheduled a meeting for the purpose of reviewing the determination, the building commission shall not authorize public debt to be contracted in the amount specified in its determination unless the committee approves that action.
(8g) Veterinary diagnostic laboratory. Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission shall not authorize public debt to be contracted for the purpose of financing construction of the veterinary diagnostic laboratory at the University of Wisconsin-Madison, as enumerated under subsection (1) (m), prior to July 1, 2003.
(9g) Meat/muscle science laboratory.
(a) Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission shall not authorize public debt to be contracted for the purpose of financing construction of the meat/muscle science laboratory at the University of Wisconsin-Madison, as enumerated under subsection (1) (m), prior to July 1, 2003.
(b) No later than July 1, 2002, the building commission shall require the board of regents of the University of Wisconsin system to obtain gifts, grants, and other receipts in an amount specified by the commission for the purpose of financing a portion of the cost of construction of the meat/muscle science laboratory at the University of Wisconsin-Madison, as enumerated under subsection (1) (m). Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission shall not authorize public debt to be contracted for the purpose of financing construction of the laboratory until the portion of the funding to be derived from gifts, grants, and other receipts has been received by the state. Notwithstanding section 20.924 (1) (em) of the statutes, the building commission shall substitute the gifts, grants and other receipts for a corresponding amount of the borrowing authorized under section 20.866 (2) (s) of the statutes, as affected by this act, to finance construction of the laboratory.
(11) Medical College of Wisconsin, Inc.; biomedical research and technology incubator.
(a) Notwithstanding section 13.48 (31) of the statutes, as created by this act, the building commission shall not make any grant to the Medical College of Wisconsin, Inc., for the biomedical research and technology incubator project enumerated in subsection (1) (o) under section 13.48 (31) of the statutes, as created by this act, unless the department of administration has reviewed and approved the plans for the project. Notwithstanding section 16.85 (1) of the statutes, as affected by this act, and section 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes, as affected by this act, does not apply to the project.
(b) Notwithstanding section 18.04 (1) and (2) of the statutes, the building commission shall not authorize public debt to be contracted for the purpose for which moneys are allocated under section 20.866 (2) (zbh) of the statutes, as created by this act, prior to July 1, 2003.
(12mk) Wausau state office facility study. The building commission shall conduct a study of the feasibility of constructing a state office facility in the Wausau area to consolidate state employee staff. The building commission shall report the results of the study, together with its findings and recommendations, to the legislature in the manner provided in section 13.172 (2) of the statutes no later than July 1, 2002.
(12w) Utility service cost allocation study. Notwithstanding section 16.705 (1) of the statutes, the building commission shall direct the department of administration to contract with a private person to perform a study of the extent of utility services provided to state programs funded with program revenue and to determine whether the charges made to the programs utilizing this service are fairly compensating the state for the cost of the service provided to the programs. The report of the study shall include any recommendations for changes in allocation of charges for utility service. The department of administration shall report the results of the study, together with any recommendations included in the study report, to the cochairpersons of the joint committee on finance no later than July 1, 2002.
(13r) Discovery Place museum.
(a) Notwithstanding section 13.48 (32r) of the statutes, as created by this act, the building commission shall not make any grant to Racine County for the Discovery Place museum project enumerated in subsection (1) (p) under section 13.48 (32r) of the statutes, as created by this act, unless the department of administration has reviewed and approved the plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.
16,9110 Section 9110. Nonstatutory provisions; commerce.
(1) Grant for Lincoln Park center. From the appropriation under section 20.143 (1) (kj) of the statutes, as affected by this act, the department of commerce may make a grant of up to $1,000,000 to the M7 Development Corporation for constructing a multipurpose center at Lincoln Park in the city of Milwaukee. If the department of commerce makes a grant under this subsection, the department shall enter into an agreement with the M7 Development Corporation that provides for, among other things, reporting and auditing requirements.
(2k) Grants to Chippewa Valley Technical College. From the appropriation under section 20.143 (1) (kj) of the statutes, as affected by this act, the department of commerce may make grants of up to $250,000 in fiscal year 2001-02 and up to $250,000 in fiscal year 2002-03 to the Chippewa Valley Technical College for a health care education center. If the department of commerce makes a grant under this subsection, the department of commerce shall enter into an agreement with the Chippewa Valley Technical College that specifies the uses for the grant proceeds and reporting and auditing requirements.
(2x) Rules for petroleum storage remedial action program arbitration. The department of commerce shall submit in proposed form the rules required under section 101.143 (6s) of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than May 1, 2002.
(2y) Mediation for petroleum storage remedial action program appeals. No later than March 1, 2002, the department of commerce shall submit to the joint committee on finance recommendations for a process for mediating disputes over the department's decisions related to the program under section 101.143 of the statutes.
(3z) Transitional water and sewer assessments.
(a) In this subsection:
1. "Manufactured home" has the meaning given in section 101.91 (2) of the statutes.
2. "Manufactured home park" has the meaning given in section 101.91 (5m) of the statutes, as affected by this act.
3. "Manufactured home park operator" has the meaning given in section 101.91 (8) of the statutes, as affected by this act.
(b) No later than 90 days after the effective date of this paragraph, the department of commerce shall assess against each manufactured home park operator the amount obtained by dividing the number of manufactured homes in this state in manufactured home parks that are owned or managed by an individual manufactured home park operator by the number of manufactured homes in all manufactured home parks in this state and multiplying the result by $46,100. A manufactured home park operator shall pay the assessment within 30 days after the department of commerce mails the bill to the manufactured home park operator. The bill constitutes notice of the assessment and demand for payment.
(c) Disputes over failure to pay an assessment under paragraph (b) shall be governed by section 196.85 (3) to (8), 1999 stats., except that any reference to the public service commission shall refer instead to the department of commerce and any reference to a bill under section 196.85 (2g), 1999 stats., shall refer instead to a bill under paragraph (b).
(4q) Dwelling code council. Notwithstanding the length of terms specified for members of the dwelling code council appointed under section 15.157 (3) of the statutes, as affected by this act, the member appointed under that section as a representative of remodeling contractors shall be initially appointed for a term expiring on July 1, 2004.
(7g) Grants to United Community Center.
(a) In this subsection:
1. "Department" means the department of commerce.
2. "Secretary" means the secretary of commerce.
(b) The department shall make 2 grants of $160,000 each in fiscal year 2001-02 to the United Community Center in the city of Milwaukee, one from the appropriation under section 20.143 (1) (ie) of the statutes, as affected by this act, and one from the appropriation under section 20.143 (1) (im) of the statutes, as affected by this act, if all of the following apply:
1. The United Community Center submits a plan to the department detailing the proposed use of the grants and the secretary approves the plan.
2. The United Community Center enters into a written agreement with the department that specifies the conditions for the use of the proceeds of the grants, including reporting and auditing requirements.
3. The United Community Center agrees in writing to submit to the department the report required under paragraph (c) by the time required under paragraph (c).
(c) If the United Community Center receives the grants under this subsection, it shall submit to the department, within 6 months after spending the full amount of each grant, a report detailing how the grant proceeds were used.
(8x) Grant to Gateway Technical College.
(a) In this subsection:
1. "Consortium" means an association of business, governmental, and educational entities.
2. "Department" means the department of commerce.
3. "Secretary" means the secretary of commerce.
(b) The department shall make a grant of $25,000 in fiscal year 2001-02 from the appropriation under section 20.143 (1) (fg) of the statutes, as affected by this act, to Gateway Technical College for costs related to a consortium for a manufacturing training center if all of the following apply:
1. The consortium and manufacturing training center are located in the Racine-Kenosha area.
2. Gateway Technical College submits a plan to the department detailing the proposed use of the grant and the secretary approves the plan.
3. Gateway Technical College enters into a written agreement with the department that specifies the conditions for the use of the grant proceeds, including reporting and auditing requirements.
4. Gateway Technical College agrees in writing to submit to the department the report required under paragraph (c) by the time required under paragraph (c).
(c) If Gateway Technical College receives a grant under this subsection, it shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.
(8y) Grant to CAP Services, Inc. From the appropriation under section 20.143 (1) (fg) of the statutes, as affected by this act, the department of commerce shall make a grant of $25,000 in fiscal year 2001-02 to CAP Services, Inc., for providing technical assistance and management services to small businesses. Within 6 months after spending the full amount of the grant under this subsection, CAP Services, Inc., shall submit a report to the department of commerce detailing how the grant proceeds were used. Any grant awarded to CAP Services, Inc., under section 560.14 of the statutes in fiscal year 2001-02 for providing technical assistance and management services to small businesses may be counted toward satisfying the requirement under this subsection.
(8z) Report on office of economic strategy. By July 1, 2002, the department of commerce shall submit a report to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes on a plan to create an office of economic strategy for coordinating all state government efforts and activities related to economic development.
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