Wisconsin Legislature: 16,107m

(2) Except as provided in sub. (3), the amount appropriated from general purpose revenue for each fiscal biennium, excluding any amount under an appropriation specified in sub. (3) (a) to (i), as determined under sub. (4), may not exceed the sum of:

(a) The amount appropriated from general purpose revenue, excluding any amount under an appropriation specified in sub. (3), for the 2nd fiscal year of the prior fiscal biennium as determined under sub. (4), multiplied by the sum of 1.0 and the annual percentage change in this state's aggregate personal income, expressed as a decimal, for the calendar year that begins on the January 1 that immediately precedes the first year of the fiscal biennium, as estimated by the legislative fiscal bureau, in consultation with the department of revenue, no later than November 20 of each even-numbered year.

(b) The amount determined under par. (a) multiplied by the sum of 1.0 and the annual percentage change in this state's aggregate personal income, expressed as a decimal, for the calendar year that begins on the January 1 that immediately precedes the 2nd year of the fiscal biennium, as estimated by the legislative fiscal bureau, in consultation with the department of revenue, no later than November 20 of each even-numbered year.

(3) The limitation under sub. (2) does not apply to any of the following:

(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).

(b) An appropriation to honor a moral obligation undertaken pursuant to ss. 18.61 (5), 85.25 (5), 101.143 (9m) (i), 229.50 (7), 229.74 (7), 229.830 (7), 234.15 (4), 234.42 (4), 234.54 (4) (b), 234.626 (7), 234.93 (6), 234.932 (6), 234.933 (6), and 281.59 (13m).

(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).

(d) An appropriation contained in a bill that is enacted with approval of at least two-thirds of the members of each house of the legislature.

(e) An appropriation for legal expenses and the costs of judgments, orders, and settlements of actions and appeals incurred by the state.

(f) An appropriation to make a payment for tax relief under s. 20.835 (2).

(g) An appropriation to make a transfer from the general fund to the budget stabilization fund under s. 20.875 (1) (a).

(h) An appropriation to make a transfer from the general fund to the cash building projects fund under s. 20.867 (6) (a).

(i) An appropriation to any of the following:

1. The higher educational aids board.

2. The department of public instruction.

3. The board of regents of the University of Wisconsin System.

(4) For purposes of sub. (2), the legislative fiscal bureau shall determine the amount appropriated from general purpose revenue for any fiscal biennium to which sub. (2) applies. The legislative fiscal bureau shall make this determination no later than December 1 of each even-numbered year.

16,103m Section 103m. 13.45 (3) (a) of the statutes is amended to read:

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.

16,104m Section 104m. 13.48 (7) of the statutes is amended to read:

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. The building commission shall not recommend any project for enumeration in the authorized state building program unless the commission adopts and provides with its recommendation a statement of the amount of the anticipated annual operating costs or the amount of any increased annual operating costs, plus the amount of any anticipated annual debt service costs, generated by the project in the first full year following completion, and the amount of such costs to be funded from each revenue source under s. 20.001 (2). The building commission shall include in its report any projects proposed by the state fair park board involving a cost of not more than $250,000, together with the method of financing those projects proposed by the board, without recommendation. 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 the report prepared by the department of administration under s. 16.40 (20) and the commission's 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.

16,105 Section 105. 13.48 (10) (b) 3m. of the statutes is created to read:

13.48 (10) (b) 3m. Rehabilitation projects of the Fox River Navigational System Authority.

16,105m Section 105m. 13.48 (12) (b) 2. of the statutes is amended to read:

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 the amount specified in sub. (3).

16,106 Section 106. 13.48 (12) (b) 4. of the statutes is created to read:

13.48 (12) (b) 4. A facility constructed by or for the Fox River Navigational System Authority.

16,107 Section 107. 13.48 (13) (a) of the statutes is amended to read:

13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

16,107m Section 107m. 13.48 (14) (am) of the statutes is amended to read:

13.48 (14) (am) Subject to par. (d) and s. 20.9145, the building commission shall have the authority to sell or lease all or any part of a state-owned building or structure or state-owned land, including farmland, where such authority is not otherwise provided to an agency by law, and may transfer land under its jurisdiction among agencies.

16,107mm Section 107mm. 13.48 (14) (am) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

16,107n Section 107n. 13.48 (14) (b) of the statutes is amended to read:

13.48 (14) (b) Subject to par. (d) and s. 20.9145, the building commission shall sell or lease on the basis of either public bids, with the building commission reserving the right to reject any or all bids in the best interest of the state, or negotiated prices. Buildings, structures and land mentioned in this subsection shall be subject to general property taxes levied by those taxing bodies within whose area they lie if used for commercial purposes, and shall be subject to special assessments for public improvements in the same manner and to the same extent as privately owned buildings, structures and land, subject to approval of the building commission when required under s. 66.0703 (6).

16,107nm Section 107nm. 13.48 (14) (b) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

16,107p Section 107p. 13.48 (14) (d) 4. of the statutes is amended to read:

13.48 (14) (d) 4. If the commission proposes to sell or transfer a parcel of surplus land having a fair market value of at least $20,000 that is not subject to sale under s. 20.9145, the commission shall notify the joint committee on finance in writing of its proposed action. If the cochairpersons of the committee do not notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer within 14 working days after the date of the commission's notification, the parcel may be sold or transferred by the commission. If, within 14 working days after the date of the commission's notification, the cochairpersons of the committee notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer, the parcel may be sold or transferred under this subdivision only upon approval of the committee.

16,107pm Section 107pm. 13.48 (14) (d) 4. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

16,108b Section 108b. 13.48 (15) of the statutes is amended to read:

13.48 (15) Acquisition of leasehold interests. The Subject to the requirements of s. 20.924 (1) (i) and (j) , the building commission shall have the authority to acquire leasehold interests in land and buildings where such authority is not otherwise provided to an agency by law.

16,108c Section 108c. 13.48 (19) of the statutes is amended to read:

13.48 (19) Alternatives to state construction. Whenever the building commission determines that the use of innovative types of design and construction processes will make better use of the resources and technology available in the building industry, the building commission may waive any or all of s. 16.855 if such action is in the best interest of the state and if the waiver is accomplished through formal action of the building commission. The building commission may authorize the lease, lease purchase or acquisition of such facilities constructed in the manner authorized by the building commission. The Subject to the requirements of s. 20.924 (1) (i) and (j) , the building commission may also authorize the lease, lease purchase or acquisition of existing facilities in lieu of state construction of any project enumerated in the authorized state building program.

16,108d Section 108d. 13.48 (25p) of the statutes is created to read:

13.48 (25p) Biostar initiative. There is created a program, to be known as the biostar initiative, for the purpose of providing financial support to attract federal and private funds to construct biological sciences facilities to spur biological sciences education and research activities at the University of Wisconsin-Madison. Projects financed under the program shall be designed to provide biological 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.

16,108e Section 108e. 13.48 (27) of the statutes is amended to read:

13.48 (27) Lease of correctional facilities. The Subject to the requirements of s. 20.924 (1) (i) and (j) , the building commission may lease any facility for use of the department of corrections as a part of the authorized state building program, with an option to purchase the facility by the state. Any lease shall provide for the facility to be constructed in accordance with requirements and specifications approved by the department of administration and shall permit inspection of the site and facility by agents of the department.

16,108f Section 108f. 13.48 (31) of the statutes is created to read:

13.48 (31) Debt increase for construction of a biomedical research and technology incubator at the Medical College of Wisconsin, Inc. (a) The legislature finds and determines that it is in the public interest to promote the public health and welfare and to provide for economic development in this state by ensuring a fundamental and expanding capacity to conduct biomedical research and to create new technologies; by training students in the substance and methodology of biomedical research; and by providing scientific support to individuals and organizations in this state who are engaged in biomedical research and technological innovation. It is therefore the public policy of this state to assist the Medical College of Wisconsin, Inc., in the construction of facilities that will be used for biomedical research and the creation of new technologies.

(b) On or after July 1, 2003, the building commission may authorize up to $25,000,000 of general fund supported borrowing to aid in the construction of a biomedical research and technology incubator at the Medical College of Wisconsin, Inc. The state funding commitment for the construction of the incubator shall be in the form of a construction grant to the Medical College of Wisconsin, Inc. Before the building commission may award the construction grant under this paragraph, the Medical College of Wisconsin, Inc., must certify to the building commission that the total funding commitments of the state and nonstate sources will pay for the construction cost of the incubator.

(c) If the building commission awards a construction grant to the Medical College of Wisconsin, Inc., under this subsection, the Medical College of Wisconsin, Inc., shall provide the state with an option to purchase the biomedical research and technology incubator under the following conditions:

1. The option price shall be the appraised fair market value at the time that the option is exercised, less a credit recognizing the amount of the state's construction grant. The option shall be subject to any mortgage or other security interest of any private lenders.

2. The option may be exercised only upon the occurrence of any of the following:

a. Suspension of operation of a program of biomedical research and technology at the Medical College of Wisconsin, Inc., or any successor organization.

b. Foreclosure of any mortgage on the incubator by a private lender.

(d) If the state does not exercise the option to purchase the biomedical research and technology incubator under par. (c), and if the incubator is sold to any 3rd party, any agreement to sell the incubator shall provide that the state has the right to receive an amount equal to the construction grants awarded to the Medical College of Wisconsin, Inc., under this subsection from the net proceeds of any such sale after any mortgage on the incubator has been satisfied and all other secured debts have been paid. This right shall be paramount to the right of the Medical College of Wisconsin, Inc., to the proceeds upon such sale.

16,108h Section 108h. 13.48 (32r) of the statutes is created to read:

13.48 (32r) Debt increase for construction of the Discovery Place museum. (a) Subject to par. (b), the building commission may authorize $1,000,000 of general fund supported borrowing to aid in the construction of the Discovery Place museum as part of the Heritage museum in the city of Racine. The state funding commitment for the construction of the museum shall be in the form of a construction grant to Racine County. Before approving any state funding commitment for the museum and before awarding the construction grant under this paragraph, the building commission shall determine that Racine County has secured additional funding commitments of at least $1,000,000 from nonstate revenue sources.

(b) If the building commission authorizes a grant to Racine County under par. (a) and if, for any reason, the facility that is constructed with funds from the grant is not used as a Discovery Place museum as part of the Heritage museum, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.

16,108m Section 108m. 13.48 (35) of the statutes is created to read:

13.48 (35) HR Academy, Inc., youth and family center. (a) The building commission may authorize up to $1,500,000 in general fund supported borrowing to aid in the construction of a youth and family center for HR Academy, Inc., in the city of Milwaukee. The state funding commitment under this paragraph shall be in the form of a grant to HR Academy, Inc. Before approving any such state funding commitment, the building commission shall determine that HR Academy, Inc., has secured additional funding at least equal to $3,500,000 from nonstate donations for the purpose of constructing a youth and family center.

(b) If the building commission authorizes a grant to HR Academy, Inc., under par. (a) and if, for any reason, the facility that is constructed with funds from the grant is not used as a youth and family center, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.

16,108o Section 108o. 13.489 (2) of the statutes is amended to read:

13.489 (2) Department to report proposed projects. 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. If the report under this subsection includes a recommendation to enumerate one or more major highway projects under s. 84.013 (3), the department of transportation shall provide a life cycle cost statement for each proposed project to the governor, the transportation projects commission, the building commission, and the joint committee on finance. The life cycle cost statement shall include an estimate of the costs of constructing, maintaining, resurfacing, minor and major reconditioning, policing, plowing, painting, signing, and reconstructing the major highway project until the first reconstruction of the project is completed.

16,109 Section 109. 13.58 (5) (a) 5. of the statutes is amended to read:

13.58 (5) (a) 5. Upon receipt of strategic plans from the department of administration electronic government, the joint committee on legislative organization and the director of state courts, review and transmit comments concerning the plans to the entities submitting the plans.

16,110 Section 110. 13.58 (5) (b) 1. of the statutes is amended to read:

13.58 (5) (b) 1. Direct the subunit in the department of administration with policy-making responsibility related to information technology electronic government to conduct studies or prepare reports on items related to the committee's duties under par. (a).

16,111 Section 111. 13.58 (5) (b) 4. (intro.) of the statutes is amended to read:

13.58 (5) (b) 4. (intro.) With the concurrence of the joint committee on finance, direct the department of administration electronic government to report semiannually to the committee and the joint committee on finance concerning any specific information technology system project which is being designed, developed, tested or implemented and which the committees anticipate will have a total cost to the state exceeding $1,000,000 in the current or any succeeding fiscal biennium. The report shall include all of the following:

16,112 Section 112. 13.62 (2) of the statutes is amended to read:

13.62 (2) "Agency" means any board, commission, department, office, society, institution of higher education, council or committee in the state government, or any authority created in ch. 231, 232, 233 or, 234, or 237, except that the term does not include a council or committee of the legislature.

16,113 Section 113. 13.90 (6) of the statutes is amended to read:

13.90 (6) The joint committee on legislative organization shall adopt, revise biennially and submit to the cochairpersons of the joint committee on information policy and technology, the governor and the secretary of administration chief information officer, no later than September 15 of each even-numbered year, a strategic plan for the utilization of information technology to carry out the functions of the legislature and legislative service agencies, as defined in s. 16.70 (6). The plan shall address the business needs of the legislature and legislative service agencies and shall identify all resources relating to information technology which the legislature and legislative service agencies desire to acquire, contingent upon funding availability, the priority for such acquisitions and the justification for such acquisitions. The plan shall also identify any changes in the functioning of the legislature and legislative service agencies under the plan.

16,114 Section 114. 13.93 (2) (h) of the statutes is amended to read:

13.93 (2) (h) Approve specifications and scheduling for computer databases containing the Wisconsin statutes and for the printing of the Wisconsin statutes as prescribed in ss. 16.971 22.03 (6) and 35.56 (5).

16,114g Section 114g. 13.94 (4) (a) 1. of the statutes is amended to read:

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 the Fox River Navigational System Authority, a professional baseball park district, a local professional football stadium district, a local cultural arts district and a family care district created 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.

16,114r Section 114r. 13.95 (intro.) of the statutes is amended to read:

13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies and, the University of Wisconsin Hospitals and Clinics Authority, and the Fox River Navigational System Authority and to any books, records or other documents maintained by such agencies or the authority authorities and relating to their expenditures, revenues, operations and structure.

16,114v Section 114v. 13.95 (1) (dm) of the statutes is created to read:

13.95 (1) (dm) When required to do so under s. 13.0975 (2), prepare prison impact assessments for bills or bill drafts.

16,115 Section 115. 13.95 (1m) of the statutes is created to read:

13.95 (1m) Duties of the bureau; biennial budget bill. (a) In this subsection, "version of the biennial budget bill or bills" means the executive biennial budget bill or bills, as modified by an amendment offered by the joint committee on finance, as engrossed by the first house, as concurred in and amended by the 2nd house or as nonconcurred in by the 2nd house, or as reported by any committee on conference.

(b) The legislative fiscal bureau shall prepare a statement of estimated general purpose revenue receipts and expenditures in the biennium following the succeeding biennium based on recommendations in each version of the biennial budget bill or bills. The statement shall contain all of the following:

1. For the 2nd year of the succeeding biennium, a comparison of the following:

a. The amount of moneys projected to be deposited in the general fund during the fiscal year that are designated as "Revenues and Transfers" in the summary in s. 20.005 (1), as published in each version of the biennial budget bill or bills, less the amount designated as the "Opening Balance" in the summary, and adjusted by any one-time deposit of revenues in the general fund.