SB45: Bill Text

This bill provides that the amount of aid that DOT may award under the elderly and disabled transportation capital assistance program, which provides aid for specialized vehicles and facilities used to provide transportation services to elderly and disabled persons, may not exceed the percentage of estimated costs specified by DOT or the percentage of costs that are eligible for federal aid, whichever is less.

Under current law, DOT may contract up to $19,000,000 in public debt for the acquisition and improvement of rail property. This bill increases this authorized general obligation bonding limit from $19,000,000 to $23,500,000.

Rail and aid transportation

Under current law, DOT, local governmental bodies, local residents and railroad companies may petition the office of the commissioner of railroads (OCR) for a determination of whether a railroad crossing over a public highway protects and promotes public safety. OCR may order the railroad to install automatic warning signals or other suitable safety device at the railroad crossing.

This bill creates a railroad grade crossings committee to review every railroad grade crossing in this state to recommend crossings for improvements. The bill generally prohibits DOT from paying for improvements to railroad grade crossings ordered by OCR unless the committee first recommended improvements to the crossing.

Currently, under the freight railroad assistance program, DOT makes loans to cities, villages, towns and counties for acquiring freight railroad facilities, rehabilitating or constructing rail property improvements or improving freight railroad infrastructure. The loans are made at the legal rate of interest of 5%, unless DOT and the borrower agree to a different rate. This bill requires DOT to specify by rule a rate of interest applicable to such loans.

Other transportation

This bill increases the authorized general obligation bonding limit for grants awarded by DOT for harbor improvements from $15,000,000 to $18,000,000.

Under current law, participants under the Wisconsin retirement system (WRS) whose principal duties involve law enforcement, require frequent exposure to a high degree of peril and require a high degree of physical conditioning are classified as protective occupation participants. Current law specifically classifies members of the state patrol as protective occupation participants. Under WRS, the normal retirement age of a protective occupation participant is lower, and the percentage multiplier used to calculate retirement annuities is higher, than for other participants.

This bill specifically classifies the administrator of the division of state patrol as a protective occupation participant for the purposes of WRS, if the division administrator is certified as qualified to be employed as a law enforcement officer in this state. The bill also makes the administrator a member of the state traffic patrol (having the same powers and duties of other members) if the administrator is certified as a law enforcement officer in this state. As a member of the state traffic patrol, the administrator is entitled to receive full pay and other benefits during any period in which the administrator is unable to work because of an injury sustained while performing certain duties that entail a considerable risk of injury or danger.

Under current law, the state traffic patrol consists of not more than 385 traffic officers in the classified service. This bill increases the authorized number of state patrol officers from 385 to 400.

Under current law, the operator of an authorized emergency vehicle (such as a police and fire vehicle or an ambulance) is exempt from certain traffic regulations when responding to an emergency call or when in pursuit of a suspected violator of the law. This exemption applies only when the operator is driving with due regard under the circumstances for the safety of all persons and, in most circumstances, is giving visible and audible signals.

This bill makes snowmobiles operated on state lands by DNR's law enforcement employes and all-terrain vehicles and snowmobiles operated by conservation wardens, on or off state lands, authorized emergency vehicles.

This bill requires DOT to award a grant of $1,000,000 to the city of Superior for the construction of the Major Richard I. Bong Air Museum.

veterans and military affairs

Under current law, in response to a war, insurrection, rebellion, riot or invasion, in the event of a public disaster resulting from a flood, conflagration or tornado, or upon application of certain public officials, the governor may order into active service all or any portion of the national guard. This bill allows the governor to order all or any portion of the national guard into active service when the governor considers that activation necessary for the protection of persons or property.

Under current law, to be eligible for veterans benefits, a veteran must meet certain criteria, including residency in this state and service on active duty under honorable conditions in the U.S. armed forces. The veteran may be eligible for benefits if he or she meets certain types of service requirements, such as service in a war period or in specified conflicts or receipt of a specified service medal, or if he or she served on active duty for two consecutive years or the full period of his or her initial service obligation.

Under this bill, a veteran may also be eligible for benefits if he or she was a resident of this state for any consecutive five-year period after entry, reentry, enlistment or induction into service in the U.S. armed forces and before the date of his or her application for benefits or, if applicable, before the date of his or her death.

Currently, the department of veterans affairs (DVA) administers a mortgage loan program for veterans. Under the program, eligible veterans may obtain a mortgage loan for the purchase of a house or mobile home, construction of a home, home improvements, including construction of a garage, and certain refinancing related to a home purchase or construction. Under current law, the maximum loan amount for home improvements, including construction of a garage, is $15,000. This bill changes that maximum loan amount to $25,000.

Currently, DVA reimburses eligible nondisabled veterans for 50% of the tuition and fees incurred by the veteran while attending a postsecondary school as an undergraduate. This bill raises the reimbursement rate to 65% of the tuition and fees incurred by a nondisabled veteran.

Under current law, reimbursement is available under this program only for classes in an institution in the University of Wisconsin (UW) System or at a technical college or for classes attended by a veteran receiving a waiver of nonresident tuition under the Minnesota-Wisconsin student reciprocity agreement. Reimbursement is limited to tuition and fees paid for 120 part-time or full-time credits at an institution in the UW System, or for 60 part-time or full-time credits at a technical college, or an equivalent amount of credits at the institution at which the veteran is receiving a waiver of nonresident tuition. This bill allows the veteran to attend any institution of higher education, including technical colleges, but requires the veteran to enroll for at least 12 credits during the semester for which reimbursement is requested.

Under current law, an eligible veteran who is a resident of this state and who completes a correspondence course or a course as a part-time student from an institution of higher education may apply for reimbursement from DVA for a portion of the costs of the course if the course is related to the veteran's occupational, professional or employment objectives. Under current law, the maximum reimbursement that may be paid is 50% of the tuition and fees paid for the course. This bill increases the maximum reimbursement percentage from 50% to 65%.

Currently, DVA may borrow money from the veterans mortgage loan repayment fund and enter into transactions with the state investment board to obtain money to make loans to veterans under the veterans personal loan program. If DVA borrows money from the veterans mortgage loan repayment fund, DVA must pledge the loans made under the veterans personal loan program as collateral for that borrowed money.

Under this bill, DVA may borrow money from the veterans mortgage loan repayment fund to obtain money for the veterans personal loan program, but is not required to pledge the loans made under the personal loan program as collateral for the borrowed money. The bill provides that transactions with the state investment board may include the sale of veterans' loans.

This bill uses moneys received under the Indian gaming compacts to fund an American Indian services coordinator as a project position in DVA. The bill also uses moneys received under the Indian gaming compacts to award grants to the governing bodies of federally recognized American Indian tribes and bands for the creation of a model program that helps American Indians overcome barriers to the receipt of federal and state veterans benefits.

Under current law, the state may contract public debt for the purpose of making loans to veterans for the purchase or construction of housing, for home improvements and for refinancing any existing mortgage for the purchase or construction of a home or for home improvements. Currently, the state is authorized to contract public debt in an amount not to exceed $1,807,500,000. This bill increases this amount to $1,918,000,000.

Under current law, DVA operates the Wisconsin Veterans Museum in Madison. The museum contains the battle flags of Wisconsin armed forces units that served in the nation's wars and other relics and mementos of those wars. This bill provides that the mission of the Wisconsin Veterans Museum is to acknowledge, commemorate and affirm the role of Wisconsin veterans in the United States of America's military past by means of instructive exhibits and other educational programs.

Under current law, only a county with a population of 100,000 or more, a bank or trust company and the commandant of the Wisconsin Veterans Home at King may be a guardian of five or more unrelated wards at one time. The commandant may act as a guardian only of members of the Wisconsin Veterans Home at King and is not allowed to charge a fee for that service. This bill eliminates the commandant of the Wisconsin Veterans Home at King from among those who may act as guardian of five or more unrelated wards at one time.

Currently, the national guard, in the department of military affairs, operates the Badger Challenge program, which provides programs for high school aged disadvantaged youth to help them remain in and complete high school. This bill allows only youths who are members of families eligible to receive aid from the federal temporary assistance for needy families program to attend the Badger Challenge program. The bill removes state general purpose funding from the program and allows federal temporary assistance for needy families block grant moneys received by the department of workforce development to be used to fund the operation of the Badger Challenge program.

This bill will be referred to the joint survey committee on tax exemptions for a detailed analysis, which will be printed as an appendix to this bill.

This bill will be referred to the joint survey committee on retirement systems for a detailed analysis, which will be printed as an appendix to this bill.

Because this bill concerns a conveyance of a lake bed area, the department of natural resources, as required by law, will prepare a detailed report to be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB45, s. 1 Section 1. 13.123 (3) (a) of the statutes is amended to read:

SB45,121,12 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).

SB45, s. 2 Section 2. 13.45 (3) (a) of the statutes is amended to read:

SB45,122,2 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 s. 20.765 (1) (a) or (b) for actual and necessary expenses incurred as a member of the committee.

SB45, s. 3 Section 3. 13.48 (16) of the statutes is amended to read:

SB45,122,10 13.48 (16) Madison downtown state office facilities. The Except as provided in s. 32.02 (16) the eminent domain authority of the building commission under ch. 32 is limited to the acquisition of such parcels of land as it deems necessary for a site for Madison downtown state office facilities, whenever the building commission is unable to agree with the owner upon the compensation therefor, or whenever the absence or legal incapacity of such owner, or other cause prevents or unreasonably delays such agreement.

SB45, s. 4 Section 4. 13.94 (1) (b) of the statutes is amended to read:

SB45,123,2 13.94 (1) (b) Audit the records of every state department, board, commission, independent agency or authority and the corporation described under s. 39.81 at least once each 5 years and audit the records of other departments as defined in sub. (4) when the state auditor deems it advisable or when he or she is so directed and, in conjunction therewith, reconcile the records of the department audited with those of the department of administration. Audits of the records of a county, city, village, town or school district may be performed only as provided in par. (m). Within 30 days after completion of any such audit, the bureau shall file with the chief clerk of each house of the legislature, the governor, the department of administration, the legislative reference bureau, the joint committee on finance, the legislative fiscal bureau and the department audited, a detailed report thereof, including its recommendations for improvement and efficiency and including specific instances, if any, of illegal or improper expenditures. The chief clerks shall distribute the report to the joint legislative audit committee, the appropriate standing committees of the legislature and the joint committee on legislative organization.

SB45, s. 5 Section 5. 13.94 (4) (a) 1. of the statutes is amended to read:

SB45,123,16 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically a professional baseball park district and a family care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; development zones designated under s. 560.71; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

SB45, s. 6 Section 6. 13.94 (4) (b) of the statutes is amended to read:

SB45,123,24 13.94 (4) (b) In performing audits of family care districts under s. 46.2895, Wisconsin works agencies under subch. III of ch. 49, providers of medical assistance under subch. IV of ch. 49, corporations, institutions, associations, or other organizations, and their subgrantees or subcontractors, the legislative audit bureau shall audit only the records and operations of such providers and organizations which pertain to the receipt, disbursement or other handling of appropriations made by state law.

SB45, s. 7 Section 7. 13.96 (3) of the statutes is created to read:

SB45,124,6 13.96 (3) Powers of the director. The director of the legislative technology services bureau may, by lease agreement, purchase and install computer networking equipment to serve facilities of state agencies, as defined in s. 20.001 (1), that are located in the same building in which a legislative branch office is located or in an adjacent building, and may provide related maintenance and support services to such agencies.

SB45, s. 8 Section 8. 14.06 of the statutes is created to read:

SB45,124,9 14.06 Gifts, grants and bequests. The governor may accept gifts, grants and bequests, and may expend the proceeds to carry out the purposes for which received.

SB45, s. 9 Section 9. 14.11 (2) (a) 1. to 3. of the statutes are amended to read:

SB45,124,11 14.11 (2) (a) 1. To assist the attorney general in any action or proceeding;.

SB45,124,13 2. To act instead of the attorney general in any action or proceeding, if the attorney general is in any way interested adversely to the state;.

SB45,124,15 3. To defend any action instituted by the attorney general against any officer of the state;.

SB45, s. 10 Section 10. 14.11 (2) (a) 5. of the statutes is created to read:

SB45,124,19 14.11 (2) (a) 5. Upon request of the ethics board, to assist the board in investigating or prosecuting an alleged violation of subch. III of ch. 13 or subch. III of ch. 19.

SB45, s. 11 Section 11. 14.18 of the statutes is created to read:

SB45,124,22 14.18 Assistance from state agencies. (1) In this section "state agency" has the meaning given under s. 20.001 (1).

SB45,124,25 (2) The governor may enter into a cooperative arrangement with any state agency under which the agency provides assistance to the governor in carrying out his or her responsibilities.

SB45, s. 12 Section 12. 14.82 of the statutes is repealed.

SB45, s. 13 Section 13. 15.03 of the statutes is amended to read:

SB45,125,17 15.03 Attachment for limited purposes. Any division, office, commission, council or board attached under this section to a department or independent agency or a specified division thereof shall be a distinct unit of that department, independent agency or specified division. Any division, office, commission, council or board so attached shall exercise its powers, duties and functions prescribed by law, including rule making, licensing and regulation, and operational planning within the area of program responsibility of the division, office, commission, council or board, independently of the head of the department or independent agency, but budgeting, program coordination and related management functions shall be performed under the direction and supervision of the head of the department or independent agency, except that with respect to the office of the commissioner of railroads, all personnel and biennial budget requests by the office of the commissioner of railroads shall be processed and properly forwarded by the public service commission without change except as requested and concurred in by the office of the commissioner of railroads by the department of transportation.

SB45, s. 14 Section 14. 15.07 (1) (a) 5. of the statutes is amended to read:

SB45,125,21 15.07 (1) (a) 5. The members of the educational communications board appointed under s. 15.57 (5) and (7) (1) (e) and (g) shall be appointed as provided in that section.

SB45, s. 15 Section 15. 15.07 (2) (k) of the statutes is created to read:

SB45,125,24 15.07 (2) (k) The governor shall serve as chairperson of the governor's work-based learning board.

SB45, s. 16 Section 16. 15.07 (2) (L) of the statutes is created to read:

SB45,126,2 15.07 (2) (L) The chairperson of the glass ceiling board shall be designated annually by the governor.

SB45, s. 17 Section 17. 15.07 (5) (i) of the statutes is repealed.