AB100: Bill Text Engrossed

AB100-engrossed, s. 1zm Section 1zm. 11.055 of the statutes is created to read:

AB100-engrossed,16,4 11.055 Filing fees. (1) Except as provided in sub. (3), each individual who, or committee, group or corporation that, is required to register with the board under s. 11.05 or 11.38 (1) shall annually pay a filing fee of $100 to the board.

AB100-engrossed,16,13 (2) Except as provided in s. 11.19 (1), an individual who, or committee, group or corporation that, is subject to sub. (1) shall pay the fee specified in sub. (1) together with the continuing report filed under s. 11.20 (4) in January of each year. If an individual, committee, group or corporation registers under s. 11.05 or changes status so that sub. (1) becomes applicable to the individual, committee, group or corporation during a calendar year, the individual, committee, group or corporation shall pay the fee for that year with the filing of the individual's, committee's, group's or corporation's registration statement under s. 11.05 or at any time before the change in status becomes effective.

AB100-engrossed,16,17 (3) Subsection (1) does not apply to a candidate or personal campaign committee. Subsection (1) does not apply to any registrant under s. 11.05 for any year during which the registrant does not make disbursements exceeding a total of $2,500.

AB100-engrossed, s. 1m Section 1m. 11.19 (1) of the statutes is amended to read:

AB100-engrossed,17,9 11.19 (1) Whenever any registrant disbands or determines that obligations will no longer be incurred, and contributions will no longer be received nor disbursements made during a calendar year, and the registrant has no outstanding incurred obligations, the registrant shall file a termination report with the appropriate filing officer. Such report shall indicate a cash balance on hand of zero at the end of the reporting period and shall indicate the disposition of residual funds. Residual funds may be used for any political purpose not prohibited by law, returned to the donors in an amount not exceeding the original contribution, or donated to a charitable organization or the common school fund. The report shall be filed and certified as were previous reports, and shall contain the information required by s. 11.06 (1). A registrant to which s. 11.055 (1) applies shall pay the fee imposed under that subsection with a termination report filed under this subsection. If a termination report or suspension report under sub. (2) is not filed, the registrant shall continue to file periodic reports with the appropriate filing officer, no later than the dates specified in s. 11.20. This subsection does not apply to any registrant making an indication under s. 11.05 (2r).

AB100-engrossed, s. 2 Section 2. 11.20 (4) of the statutes is amended to read:

AB100-engrossed,17,18 11.20 (4) Continuing reports under s. 11.06 (1) by committees or individuals supporting or opposing candidates for office, including committees of a political party, and by individuals or, groups or corporations supporting or opposing a referendum shall be received by the appropriate filing officer no earlier than January 1 and no later than January 31; and no earlier than July 1 and no later than July 20. Individuals, committees, groups and corporations to which s. 11.055 (1) applies shall pay the fee imposed under that subsection with their continuing reports filed in January of each year.

AB100-engrossed, s. 3 Section 3. 11.60 (3m) of the statutes is created to read:

AB100-engrossed,17,23 11.60 (3m) Notwithstanding sub. (1), any person, including any committee, group or corporation, who is subject to a requirement to pay a filing fee under s. 11.055 and who fails to pay that fee within the time prescribed in that section shall forfeit $500 plus treble the amount of the fee payable by that person.

AB100-engrossed, s. 3g Section 3g. 13.04 (1) (title) of the statutes is repealed.

AB100-engrossed, s. 3h Section 3h. 13.04 (1) (a) to (d) of the statutes are renumbered 13.04 (1) to (4).

AB100-engrossed, s. 3i Section 3i. 13.04 (1) (e) of the statutes is renumbered 13.04 (5) and amended to read:

AB100-engrossed,18,9 13.04 (5) Nothing in this subsection section shall prevent the concurrent appointment of an incumbent legislator to an unsalaried part-time state position created during the legislator's current legislative term when the emoluments for such position are limited to reimbursement for actual and necessary expenses incurred in the performance of the duties of the position and when the duties of such position are not incompatible with the legislator's duties as a member of the legislature.

AB100-engrossed, s. 3j Section 3j. 13.04 (2) of the statutes is repealed.

AB100-engrossed, s. 3m Section 3m. 13.0975 of the statutes is created to read:

AB100-engrossed,18,13 13.0975 Prison impact assessments. (1) In this section, "prison" means a state prison described under s. 302.01.

AB100-engrossed,18,20 (2) The director of state courts shall prepare a prison impact assessment for any bill or, if requested, for any bill draft that creates a felony or modifies the period of imprisonment for a felony. Except as otherwise provided by the joint rules of the legislature, the director shall prepare the assessment within 21 days after the date on which the director receives a copy of a bill under sub. (4) or the date on which the director receives a request to prepare the assessment from the requester of the bill draft, whichever occurs first. The assessment shall contain all of the following:

AB100-engrossed,18,22 (a) Projections of the impact on statewide probationer, prisoner and parolee populations.

AB100-engrossed,18,25 (b) An estimate of the fiscal impact of population changes under par. (a) on state expenditures, including expenditures for the construction and operation of state prisons for the current fiscal year and the 5 succeeding fiscal years.

AB100-engrossed,19,3 (c) An analysis of any significant factor, not covered in complying with pars. (a) and (b), affecting the cost of the bill or bill draft and the factor's impact on prosecutors, the state public defender and courts.

AB100-engrossed,19,5 (d) A statement of the methodologies and assumptions that the director used in preparing the assessment.

AB100-engrossed,19,7 (3) The legislature shall reproduce and distribute assessments under sub. (2) in the same manner as it reproduces and distributes amendments.

AB100-engrossed,19,11 (4) A bill draft that requires an assessment by the director of state courts under this section shall have that requirement noted on its jacket when the jacket is prepared. When a bill that requires an assessment under this section is introduced, the legislative reference bureau shall submit a copy of the bill to the director.

AB100-engrossed,19,14 (5) No public hearing before a standing committee may be held and no committee vote may be taken regarding any bill or bill draft described in sub. (2) unless the assessment under sub. (2) has been prepared.

AB100-engrossed,19,18 (6) Annually, by March 1, the director of state courts shall submit to the legislature under s. 13.172 (2) a prison impact assessment reflecting the cumulative effect of all relevant changes in the statutes taking effect during the preceding calendar year.

AB100-engrossed,19,21 (7) The department of corrections shall provide the director of state courts with information on current and past admissions and on length of time served as needed by the director in order to prepare assessments under subs. (2) and (6).

AB100-engrossed,19,23 (8) The circuit courts shall provide the director of state courts with information to assist the director in preparing assessments under subs. (2) and (6).

AB100-engrossed,19,25 (9) This section applies to bills introduced or requests for assessments of bill drafts made on or after July 1, 1998.

AB100-engrossed, s. 3r Section 3r. 13.101 (3m) of the statutes is amended to read:

AB100-engrossed,20,8 13.101 (3m) Notwithstanding sub. (3), the committee shall supplement, from the appropriation under s. 20.865 (4) (c), the appropriation to the Wisconsin sesquicentennial commission under s. 20.525 (1) (k) upon receipt of documentation of the amounts of gifts and grants received by, or pledged to, the commission under s. 20.245 (4) (h). The supplement under this subsection shall equal $1 for each dollar received by, or pledged to, the commission as a gift or grant. This subsection does not apply to the first $250,000 received by the commission as gifts or grants.

AB100-engrossed, s. 4 Section 4. 13.101 (5m) of the statutes is repealed.

AB100-engrossed, s. 5 Section 5. 13.101 (6) (a) of the statutes is amended to read:

AB100-engrossed,21,4 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, the university of Wisconsin system or to any other state agency or activity by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (bm), (cg) and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and (6) (aq) and (ar), 20.435 (1) (c), (6) (a) and (7) (da) and 20.445 (3) (a) and (d) (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

AB100-engrossed, s. 7 Section 7. 13.101 (11) of the statutes is amended to read:

AB100-engrossed,21,8 13.101 (11) The committee may approve a clean water fund program interest rate change as specified under s. 281.58 (12) (f) or a safe drinking water loan program interest rate change as specified under s. 281.61 (11) (b).

AB100-engrossed, s. 7m Section 7m. 13.101 (14) of the statutes is created to read:

AB100-engrossed,21,12 13.101 (14) With the concurrence of the joint committee on information policy, direct the department of administration to report to the committee concerning any specific information technology system project in accordance with s. 13.58 (5) (b) 4.

AB100-engrossed, s. 8 Section 8. 13.123 (3) (a) of the statutes is amended to read:

AB100-engrossed,21,24 13.123 (3) (a) Any senator authorized by the committee on senate organization to attend a meeting outside the state capital, any representative to the assembly authorized by the committee on assembly organization to attend an out-of-state meeting or authorized by the speaker to attend a meeting within this state outside the state capital, and all members of the legislature required by law, legislative rule, resolution or joint resolution to attend such meetings, shall be paid no additional compensation for such services but shall be reimbursed for actual and necessary expenses from the appropriation under s. 20.765 (1) (a) or (b), but no legislator may be reimbursed under this subsection for expenses on any day for which the legislator submits a claim under sub. (1). Any expenses incurred by a legislator under s. 14.82 shall be reimbursed from the appropriation under s. 20.315 (1) (q).

AB100-engrossed, s. 8k Section 8k. 13.123 (3) (b) 2. of the statutes is amended to read:

AB100-engrossed,22,3 13.123 (3) (b) 2. In making the determination under subd. 1., the chief clerk is bound by the determination of the chairperson of the elections board of state canvassers if such determination has been issued.

AB100-engrossed, s. 8m Section 8m. 13.40 of the statutes is created to read:

AB100-engrossed,22,6 13.40 Limitation on state appropriations from general purpose revenue. (1) In this section:

AB100-engrossed,22,8 (a) "Fiscal biennium" means a 2-year period beginning on July 1 of an odd-numbered year.

AB100-engrossed,22,10 (b) "General purpose revenue" has the meaning given for "general purpose revenues" in s. 20.001 (2) (a).

AB100-engrossed,22,11 (c) "Local governmental unit" has the meaning given in s. 16.97 (7).

AB100-engrossed,22,14 (d) "Program revenue" has the meaning given for "program revenues" in s. 20.001 (2) (b) and "program revenues-service" in s. 20.001 (2) (c), but excludes federal revenues as defined in s. 20.001 (2) (e).

AB100-engrossed,22,18 (e) "Segregated revenue" has the meaning given for "segregated fund revenues" in s. 20.001 (2) (d), "segregated fund revenues — service" in s. 20.001 (2) (da) and "segregated fund revenues — local" in s. 20.001 (2) (dm), but excludes federal revenues as defined in s. 20.001 (2) (e).

AB100-engrossed,22,22 (2) Except as provided in subs. (3) to (5), the amount appropriated from general purpose revenue for each fiscal biennium excluding any amount expended under an appropriation specified in sub. (3) (a) to (d), as determined under sub. (6), may not exceed the sum of:

AB100-engrossed,23,3 (a) The amount appropriated from general purpose revenue, excluding any amount expended under an appropriation specified in sub. (3) (a) to (d), for the 2nd fiscal year of the prior fiscal biennium as reported under s. 16.46 (2), multiplied by the sum of 1.0 and the average annual percentage change in this state's per capita personal income, expressed as a decimal, as reported for the most recent 4 calendar years prior to the fiscal biennium by the federal department of commerce.

AB100-engrossed,23,9 (b) The amount determined under par. (a) multiplied by the sum of 1.0 and the average annual percentage change in this state's per capita personal income, expressed as a decimal, as reported for the most recent 3 calendar years prior to the fiscal biennium by the federal department of commerce and as estimated by the department of administration for the calendar year following those years no later than December 5 of each even-numbered year, except as provided in sub. (8).

AB100-engrossed,23,16 (c) Any amount by which the amount appropriated from sum certain appropriations made from general purpose revenue, excluding any amount expended under an appropriation specified in sub. (3) (a) to (d), for the preceding fiscal biennium, exceeded actual expenditures from sum certain appropriations made from general purpose revenue for the preceding fiscal biennium, excluding any amount expended under an appropriation specified in sub. (3) (a) to (d), as determined by the legislative fiscal bureau.

AB100-engrossed,23,17 (3) The limitation under sub. (2) does not apply to any of the following:

AB100-engrossed,23,19 (a) An appropriation for principal repayment and interest payments on public debt, as defined in s. 18.01 (4), or operating notes, as defined in s. 18.71 (4).

AB100-engrossed,23,22 (b) An appropriation to honor a moral obligation undertaken pursuant to ss. 18.61 (5), 85.25 (5), 229.50 (7), 229.74 (7), 234.15 (4), 234.42 (4), 234.54 (4) (b), 234.626 (7), 234.93 (6) and 281.59 (13m).

AB100-engrossed,23,24 (c) An appropriation to make a payment to the United States that the building commission determines to be payable under s. 13.488 (1) (m).

AB100-engrossed,24,2 (d) An appropriation for a period prior to the 1999-2000 fiscal year providing for state aids to any local governmental unit.

AB100-engrossed,24,4 (e) An appropriation that is enacted with the approval of at least three-fifths of the members of each house of the legislature.

AB100-engrossed,24,9 (4) Whenever in any fiscal biennium the federal government assumes fiscal responsibility for a state program that was previously funded from general purpose revenue, the limitation under sub. (2) for the next fiscal biennium shall be reduced by the amount allocated to that program for the most recently completed fiscal biennium in which the state assumed fiscal responsibility for the program.

AB100-engrossed,24,15 (4m) Whenever in any fiscal biennium the legislature reduces the cost of administering a program administered in whole or in part from general purpose revenue by substituting funding from program revenue or segregated revenue, the limitation under sub. (2) for the next fiscal biennium shall be reduced by the amount of the reduced state cost, from general purpose revenue, of administering that program for the most recently completed fiscal biennium.

AB100-engrossed,24,25 (5) Whenever in any fiscal biennium the legislature terminates or reduces the state general purpose revenue funding for a program administered by local governmental units that is partially funded by the state from general purpose revenue, the limitation under sub. (2) for the next fiscal biennium shall be reduced by the amount allocated by the state to that program from general purpose revenue or by the amount of the reduced state cost, from general purpose revenue, of administering that program for the most recently completed fiscal biennium. If the requirement that the local unit of government administer the program is terminated or reduced by the same amount that state general purpose funding is reduced, then no adjustment shall be made to the limitation under sub. (2).

AB100-engrossed,25,10 (6) For purposes of sub. (2), the computation of the amount appropriated from general purpose revenue for any fiscal biennium to which sub. (2) applies shall be made by adding the applicable sum certain appropriations enacted by the legislature from general purpose revenue and an estimate of amounts that will be expended under applicable appropriations, other than sum certain appropriations, that are made from general purpose revenue for that fiscal biennium, including any amounts estimated to be expended for payment of compensation increases for state employes and for litigation expenses incurred in actions against the state or state officers, employes or agents, as determined by the legislative fiscal bureau no later than December 5 of each even-numbered year, except as provided in sub. (8).

AB100-engrossed,25,13 (7) For purposes of calculating the amount appropriated from a biennial appropriation under sub. (2) (a), the amount shown in the schedule under s. 20.005 (3) for the 2nd year of any fiscal biennium is determinative.

AB100-engrossed,26,2 (8) No later than December 5 of each even-numbered year, the department of administration and legislative fiscal bureau shall report to the cochairpersons of the joint committee on finance the estimates and determinations required to be made under subs. (2) and (6) for the succeeding fiscal biennium. If the cochairpersons of the committee do not notify the secretary of administration and the director of the legislative fiscal bureau that the committee has scheduled a meeting for the purpose of reviewing the estimates and determinations by December 15 following their submittal, the estimates and determinations shall be effective. If, by December 15 following the submittal of the estimates and determinations, the cochairpersons of the committee notify the secretary and director that the committee has scheduled a meeting for the purpose of reviewing the estimates and determinations, the estimates and determinations are not effective unless approved or approved with modifications by the committee.

AB100-engrossed, s. 9 Section 9. 13.45 (3) (a) of the statutes is amended to read:

AB100-engrossed,26,9 13.45 (3) (a) For any day for which the legislator does not file a claim under s. 13.123 (1), any legislator appointed to serve on a legislative committee or a committee to which the legislator was appointed by either house or the officers thereof shall be reimbursed from the appropriations under ss. 20.315 (1) (q) and 20.765 (1) (a) or (b) for actual and necessary expenses incurred as a member of the committee.

AB100-engrossed, s. 9e Section 9e. 13.48 (3) of the statutes is amended to read:

AB100-engrossed,27,4 13.48 (3) State building trust fund. In the interest of the continuity of the program, the moneys appropriated to the state building trust fund under s. 20.867 (2) (f) shall be retained as a nonlapsing building depreciation reserve. Such moneys shall be deposited into the state building trust fund. At such times as the building commission directs, or in emergency situations under s. 16.855 (16) (b), the governor shall authorize releases from this fund to become available for projects and shall direct the department of administration to allocate from this fund such amounts as are approved for these projects. In issuing such directions, the building commission shall consider the cash balance in the state building trust fund, the necessity and urgency of the proposed improvement, employment conditions and availability of materials in the locality in which the improvement is to be made. The building commission may authorize any project amounting to $250,000 costing $500,000 or less in accordance with priorities to be established by the building commission and may adjust the priorities by deleting, substituting or adding new projects as needed to reflect changing program needs and unforeseen circumstances. The building commission may enter into contracts for the construction of buildings for any state agency and shall be responsible for accounting for all funds released to projects. The building commission may designate the department of administration or the agency for which the project is constructed to act as its representative in such accounting.

AB100-engrossed, s. 9g Section 9g. 13.48 (7) of the statutes is amended to read:

AB100-engrossed,27,13 13.48 (7) Biennial recommendations. The building commission shall prepare and formally adopt recommendations for the long-range state building program on a biennial basis and. Unless a later date is requested by the building commission and approved by the joint committee on finance, the building commission shall, no later than the first Tuesday in April of each odd-numbered year, transmit those its recommendations for the succeeding fiscal biennium that require legislative approval to the joint committee on finance in the form of proposed legislation prepared in proper form.

AB100-engrossed, s. 9hm Section 9hm. 13.48 (10) (a) of the statutes is amended to read:

AB100-engrossed,28,2 13.48 (10) (a) No state board, agency, officer, department, commission or body corporate may enter into a contract for the construction, reconstruction, remodeling of or addition to any building, structure, or facility, which involves a cost in excess of $100,000, without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. The building commission may not approve a contract for the construction, reconstruction, renovation or remodeling of or an addition to a state building as defined in s. 44.51 (2) unless it determines that s. 44.57 has been complied with or does not apply. This section applies to the department of transportation only in respect to buildings, structures and facilities to be used for administrative or operating functions, including buildings, land and equipment to be used for the motor vehicle emission inspection and maintenance program under s. 110.20.

AB100-engrossed, s. 9j Section 9j. 13.48 (10) (b) 4. of the statutes is created to read:

AB100-engrossed,28,5 13.48 (10) (b) 4. Build-operate-lease or transfer agreements by the department of transportation for transportation projects under s. 84.01 (30).

AB100-engrossed, s. 9m Section 9m. 13.48 (12) (b) 2. of the statutes is amended to read:

AB100-engrossed,28,9 13.48 (12) (b) 2. A facility constructed by or for the state fair park board, if the cost of constructing the facility does not exceed $250,000 the amount specified in sub. (3).

AB100-engrossed, s. 9r Section 9r. 13.48 (12) (b) 3. of the statutes is created to read:

AB100-engrossed,28,12 13.48 (12) (b) 3. A facility constructed pursuant to a build-operate-lease or transfer agreement under s. 84.01 (30).

AB100-engrossed, s. 9s Section 9s. 13.48 (25m) of the statutes is created to read:

AB100-engrossed,28,22 13.48 (25m) Healthstar program. There is created a program, to be known as the healthstar program, for the purpose of providing financial support to attract federal and private funds to construct health science facilities to spur interdisciplinary education and research activities at the University of Wisconsin-Madison. Projects financed under the program shall be designed to provide interdisciplinary health sciences education and research facilities, ancillary systems and supporting infrastructure. Projects shall be financed from the appropriation under s. 20.866 (2) (z) or as otherwise provided in the authorized state building program.

AB100-engrossed, s. 10 Section 10. 13.48 (26) of the statutes is amended to read:

AB100-engrossed,29,24 13.48 (26) (title) Clean water Environmental improvement annual finance plan approval. The building commission shall review the versions of the biennial finance plan and any amendments to the biennial finance plan submitted to it by the department of natural resources and the department of administration under s. 281.59 (3) (bm) and the recommendations of the joint committee on finance and the standing committees to which the versions of the biennial finance plan and any amendments were submitted under s. 281.59 (3) (bm). The building commission shall consider the extent to which that version of the biennial finance plan that is updated to reflect the adopted biennial budget act will maintain the funding for the clean water fund program and the safe drinking water loan program, in the environmental improvement fund, in perpetuity. The building commission shall consider the extent to which the implementation of the clean water fund program, the safe drinking water loan program and the land recycling loan program, as set forth in the biennial finance plan updated to reflect the adopted biennial budget act, implements legislative intent on the clean water fund program, the safe drinking water loan program and the land recycling loan program. The building commission shall, no later than 60 days after the date of enactment of the biennial budget act, either approve or disapprove the biennial finance plan that is updated to reflect the adopted biennial budget act, except that the building commission may not disapprove those amounts that the legislature approves under s. 281.59 (3) (c) (3e) (a), (3m) (a) and (3s) (a). If the building commission disapproves the version of the biennial finance plan that is updated to reflect the adopted biennial budget act, it must notify the department of natural resources and the department of administration of its reasons for disapproving the plan, and those departments must revise that version of the biennial finance plan and submit the revision to the building commission.

AB100-engrossed, s. 10d Section 10d. 13.48 (29) of the statutes is created to read:

AB100-engrossed,30,4 13.48 (29) Small projects. Except as otherwise required under s. 16.855 (10m), the building commission may prescribe simplified policies and procedures to be used in lieu of the procedures provided in s. 16.855 for any project the estimated construction cost of which does not exceed $100,000.

AB100-engrossed, s. 10g Section 10g. 13.489 (2) of the statutes is amended to read:

AB100-engrossed,30,10 13.489 (2) Department to report proposed projects. The Subject to s. 85.05, the department of transportation shall report to the commission not later than September 15 of each even-numbered year and at such other times as required under s. 84.013 (6) concerning its recommendations for adjustments in the major highway projects program under s. 84.013.

AB100-engrossed, s. 10j Section 10j. 13.489 (4) (a) of the statutes is renumbered 13.489 (4) (a) 1. (intro.) and amended to read:

AB100-engrossed,30,21 13.489 (4) (a) 1. (intro.) All reports submitted as provided by sub. (2) shall be reviewed by the commission. The commission shall report its recommendations concerning major highway projects to the governor or governor-elect, the legislature and the joint committee on finance no later than December 15 of each even-numbered year or within 30 days following submission of a report under s. 84.013 (6). The commission may recommend approval, approval with modifications, or disapproval of any project., except that the commission may not recommend the approval, with or without modifications, of any project unless any of the following applies: