Wisconsin Legislature: 25,85

25,78m Section 78m. 16.528 (5) of the statutes is amended to read:

16.528 (5) Reports of interest paid. Annually before October 1, each agency shall report to the department the number of times in the previous fiscal year the agency paid interest under this section, the total amount of interest paid and the reasons why interest payments were not avoided by making timely payment. This subsection does not apply to the Board of Regents of the University of Wisconsin System.

25,79 Section 79. 16.529 of the statutes is repealed and recreated to read:

16.529 Lapses and fund transfers relating to unfunded retirement liability debt service. (1) The definitions in s. 20.001 are applicable in this section, except that "state agency" does not include the department of employee trust funds or the investment board.

(2) Beginning in the 2007-09 fiscal biennium, during each fiscal biennium the secretary shall lapse to the general fund or transfer to the general fund from each state agency appropriation specified in sub. (3) an amount equal to that portion of the total amount of principal and interest to be paid on obligations issued under s. 16.527 during the fiscal biennium that is allocable to the appropriation, as determined under sub. (3).

(3) The secretary shall determine the amounts of the allocations required under sub. (2) as follows:

(a) The secretary shall first determine the total amount of Wisconsin retirement system contributions that are to be paid by the state under s. 40.05 during the fiscal biennium.

(b) The secretary shall then determine the percentage of the total amount determined under par. (a) that is allocable to each state agency appropriation from which Wisconsin retirement system contributions under s. 40.05 are paid. The secretary shall exclude from this determination any appropriation from which a lapse or transfer to pay any principal or interest amount on obligations issued under s. 16.527 would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse or transfer would violate the federal or state constitution.

(c) For each appropriation identified under par. (b) , the secretary shall then apply the percentage calculated under par. (b) to the total amount of principal and interest to be paid during the fiscal biennium on obligations issued under s. 16.527. This amount is the portion of the total amount of principal and interest paid on the obligations during that fiscal biennium that is allocable to each appropriation .

25,80 Section 80. 16.54 (2) (b) of the statutes is amended to read:

16.54 (2) (b) Upon presentation by the department to the joint committee on finance of alternatives to the provisions under s. 16.27, the joint committee on finance may revise the eligibility criteria under s. 16.27 (5), or benefit payments under s. 16.27 (6) or the amount allocated for crises under s. 16.27 (3) (e) 2., and the department shall implement those revisions. Benefits or eligibility criteria so revised shall take into account and be consistent with the requirements of federal regulations promulgated under 42 USC 8621 to 8629. If funds received under 42 USC 8621 to 8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, the department shall submit to the joint committee on finance a plan for expenditure of the funds. The department may not use the funds unless the committee approves the plan.

25,81 Section 81. 16.56 of the statutes is created to read:

16.56 Grain inspection funding. On June 30 of each fiscal year, the department shall determine whether the accumulated expenses for the inspection and certification of grain under s. 93.06 (1m) have exceeded the accumulated revenues from conducting that inspection and certification as of that date. If so, immediately before the end of the fiscal year, the department shall transfer the unencumbered balances in the appropriation accounts under s. 20.115 (1) (a), (2) (a), (3) (a), (7) (a), and (8) (a), up to the amount of the excess, to the appropriation account under s. 20.115 (1) (h).

25,81m Section 81m. 16.71 (1m) of the statutes is amended to read:

16.71 (1m) The department shall not delegate to any executive branch agency, other than the board of regents of the University of Wisconsin System, the authority to enter into any contract for materials, supplies, equipment, or contractual services relating to information technology or telecommunications prior to review and approval of the contract by the department. No executive branch agency, other than the board of regents of the University of Wisconsin System, may enter into any such contract without review and approval of the contract by the department. Any delegation to the board of regents of the University of Wisconsin System is subject to the limitations prescribed in s. 36.11 (49).

25,81p Section 81p. 16.72 (4) (b) of the statutes is amended to read:

16.72 (4) (b) The department shall promulgate rules for the declaration as surplus of supplies, materials and equipment in any agency and for the transfer to other agencies or for the disposal by private or public sale of supplies, materials and equipment. Except as provided in s. 51.06 (6), in either case, the department shall deposit the net proceeds in the budget stabilization taxpayer protection fund, except that the department shall transfer any supplies, materials or equipment declared to be surplus to the department of tourism, upon request of the department of tourism, at no cost, if the transfer is permitted by the agency having possession of the supplies, materials or equipment.

25,81r Section 81r. 16.75 (1) (a) 1. of the statutes is amended to read:

16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment, and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8), (9), and (10m) and ss. 16.73 (4) (a), 16.751, 16.754, 16.964 (8), 50.05 (7) (f), 153.05 (2m) (a), and 287.15 (7), and 301.265, shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

25,83m Section 83m. 16.84 (1) of the statutes is amended to read:

16.84 (1) Have charge of, operate, maintain and keep in repair the state capitol building, the executive residence, the light, heat and power plant, the state office buildings and their power plants, the grounds connected therewith, and such other state properties as are designated by law. All costs of such operation and maintenance shall be paid from the appropriations under s. 20.505 (5) (ka) and (kb), except for debt service costs paid under s. 20.866 (1) (u). The department shall transfer moneys from the appropriation under s. 20.505 (5) (ka) to the appropriation account under s. 20.505 (5) (kc) sufficient to make principal and interest payments on state facilities and payments to the United States under s. 13.488 (1) (m).

25,85 Section 85. 16.848 of the statutes is created to read:

16.848 Sale of certain state property. (1) Except as provided in sub. (2) and subject to sub. (3), the department may sell any state-owned real property, if the department determines that the sale is in the best interest of the state. The sale may be either on the basis of public bids, with the department reserving the right to reject any bid in the interest of the state, or negotiated prices.

(2) (a) Subsection (1) does not authorize the closure or sale of any facility or institution the operation of which is provided for by law.

(b) Subsection (1) does not apply to property under the jurisdiction of the board of regents of the University of Wisconsin System.

(d) Subsection (1) does not apply to lands under the jurisdiction of the board of commissioners of public lands.

(e) Subsection (1) does not apply to property under the jurisdiction of the department of natural resources, except central or district office facilities.

(f) Subsection (1) does not apply to lands acquired with revenues collected under s. 70.58.

(g) Subsection (1) does not apply to property that is subject to sale by the department of veterans affairs under s. 45.32 (7).

(h) The department shall not sell any property under this section that is leased by the state until the lease expires or the lease is modified, renewed, or extended, whichever first occurs, without consent of the lessee.

(3) The department shall not sell any state property under sub. (1) unless the sale is approved by the building commission under 2005 Wisconsin Act .... (this act), section 9101 (4) (b).

(4) Except as provided in s. 13.48 (14) (e), if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold under sub. (1), the department shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the department shall pay to the federal government any of the net proceeds required by federal law. If the property was acquired by gift or grant or acquired with gift or grant funds, the department shall adhere to any restriction governing use of the proceeds. Except as required under sub. (5m) and ss. 13.48 (14) (e), 20.395 (9) (qd), and 51.06 (6), if there is no such debt outstanding, there are no moneys payable to the federal government, and there is no restriction governing use of the proceeds, and if the net proceeds exceed the amount required to be deposited, paid, or used for another purpose under this subsection, the department shall deposit the net proceeds or remaining net proceeds in the general fund.

(5m) If the net proceeds or the remaining net proceeds of property sales under sub. (4) exceed $36,000,000 in the 2005-07 fiscal biennium, the department shall deposit the excess amount in the taxpayer protection fund.

25,85g Section 85g. 16.85 (4) of the statutes is repealed.

25,85m Section 85m. 16.891 of the statutes is created to read:

16.891 Reports on cost of occupancy of state facilities. (1) In this section:

(a) "Agency" has the meaning given in s. 16.70 (1e).

(b) "Total cost of occupancy" means the cost to operate and maintain the physical plant of a building, structure, or facility, including administrative costs of an agency attributable to operation and maintenance of a building, structure, or facility, together with any debt service costs associated with the building, structure, or facility, computed in the manner prescribed by the department.

(2) Except as provided in sub. (4), each agency shall report to the department no later than October 1 of each year concerning the total cost of occupancy of each state-owned building, structure, and facility, excluding public highways and bridges, under the jurisdiction of the agency for the preceding fiscal year. The report shall be made in a format prescribed by the department. Beginning in 2009, if a building, structure, or facility is a part of an institution, the agency having jurisdiction of the institution shall also include in its report the total cost of occupancy of all of the buildings, structures, and facilities within the institution.

(3) No later than December 1 of each year, the department shall compile the information received under sub. (2) and transmit a consolidated report to the building commission on the total cost of occupancy of all buildings, structures, and facilities included in the reports filed under sub. (2), itemized for each building, structure, and facility. The report shall include, for each building, structure, or facility, the recommendations of the department concerning the desired total cost of occupancy for that building, structure, or facility.

(4) The department may exempt an agency from compliance with the reporting requirement under sub. (2) with respect to any building, structure, or facility that the department determines to have a minimal total cost of occupancy.

25,85r Section 85r. 16.895 of the statutes is repealed.

25,87d Section 87d. 16.896 of the statutes is created to read:

16.896 Sale or contractual operation of state-owned heating, cooling, and power plants and wastewater treatment facilities. (1) Except as provided in 2005 Wisconsin Act .... (this act), section 9101 (4), and notwithstanding ss. 13.48 (14) (am) and 16.705 (1), no later than April 1, 2007, the department shall sell each state-owned heating, cooling, and power plant and wastewater treatment facility or shall contract with a private entity for the operation of each such plant or facility for the period beginning no later than April 1, 2007. Notwithstanding ss. 196.49 and 196.80, no approval or certification of the public service commission is necessary for a public utility to purchase, or contract for the operation of, such a plant or facility.

(2) If there is any outstanding public debt used to finance the acquisition, construction, or improvement of any plant or facility that is sold under sub. (1), the department shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the department shall repay to the federal government any of the net proceeds required by federal law.

(3) Except as provided in s. 51.06 (6), if there is no such debt outstanding or there are no moneys payable to the federal government, or if the net proceeds exceed the amount required to be deposited or paid under sub. (2), the department shall deposit the net proceeds or remaining net proceeds in the taxpayer protection fund.

(4) If the department proposes to sell any property under sub. (1) having a fair market value of at least $20,000, the department shall notify the joint committee on finance in writing of its proposed action. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed sale within 14 working days after the date of the department's notification, the property may be sold by the department. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed sale, the property may be sold under sub. (1) only upon approval of the committee.

(5) Any contract entered into under sub. (1) (a) for the initial operation of a state-owned heating, cooling, or power plant or wastewater treatment facility that was operated by the state prior to the effective date of the contract shall require the contractor to offer employment to those state employees who performed services at the plant or facility and whose positions were terminated as the result of the contract.

25,87h Section 87h. 16.90 of the statutes is repealed.

25,87k Section 87k. 16.91 of the statutes is repealed.

25,87L Section 87L. 16.93 (2) and (3) of the statutes are amended to read:

16.93 (2) Except as provided in sub. (3), any agency, with the approval of the department, may sell fuel, or water, sewage treatment service, electricity, heat or chilled water to another agency, a federal agency, a local government or a private entity.

(3) Prior to contracting for the sale of any fuel or extending any water, sewage treatment, electrical, heating or chilled water service to a new private entity after August 9, 1989, an agency shall contact each public utility that serves the area in which the private entity is located and that is engaged in the sale of the same fuel or utility water service. If a public utility so contacted objects to the proposed sale and commits to provide the fuel or water service, the agency shall not contract for the sale.

25,87m Section 87m. 16.964 (1) (i) of the statutes is created to read:

16.964 (1) (i) Apply for contracts and receive and expend moneys and grants from the federal government related to homeland security.

25,87p Section 87p. 16.964 (4) of the statutes is repealed.

25,87t Section 87t. 16.964 (6) (a) of the statutes is renumbered 165.91 (1) and amended to read:

165.91 (1) In this subsection section, "tribe" means a federally recognized American Indian tribe or band in this state.

25,87u Section 87u. 16.964 (6) (b) of the statutes is renumbered 165.91 (2) and amended to read:

165.91 (2) From the appropriation under s. 20.505 (6) (ks) 20.455 (2) (kw), the office department shall provide grants to tribes to fund tribal law enforcement operations. To be eligible for a grant under this subsection section, a tribe must submit an application for a grant to the office department that includes a proposed plan for expenditure of the grant moneys. The office department shall review any application and plan submitted to determine whether that application and plan meet the criteria established under par. (c) sub. (3). The office department shall review the use of grant money provided under this subsection section to ensure that the money is used according to the approved plan.

25,87v Section 87v. 16.964 (6) (c) of the statutes is renumbered 165.91 (3) and amended to read:

165.91 (3) The office department shall develop criteria and procedures for use in administering this subsection section. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.

25,88b Section 88b. 16.964 (7) of the statutes is renumbered 165.89, and 165.89 (1) (intro.), (2) and (3), as renumbered, are amended to read:

165.89 (1) (intro.) From the appropriation under s. 20.505 (6) (kq) 20.455 (2) (kq), the office department shall provide grants to counties to fund county law enforcement services. The office department may make a grant to a county under this subsection section only if all of the following apply:

(2) The office department shall review an application and plan submitted under par. (a) 4. sub. (1) (d) to determine if the application and plan meet the requirements of par. (a) 1. to 3. sub. (1) (a) to (c) and the criteria established under par. (c) sub. (3). The office department may not award an annual grant in excess of $50,000 to any county under this subsection section.

(3) The office department shall develop criteria and procedures for use in administering this subsection section. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.

25,88k Section 88k. 16.964 (8) (a) of the statutes is renumbered 301.265 (1) and amended to read:

301.265 (1) From the appropriations under s. 20.505 (6) 20.410 (3) (d) and (kj), the office department shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs. Notwithstanding s. 16.75, the office department may enter into a contract under this paragraph subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

25,88m Section 88m. 16.964 (8) (b) of the statutes is renumbered 301.265 (2) and amended to read:

301.265 (2) From the appropriation under s. 20.505 (6) (km) 20.410 (3) (ky), the office department may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under par. (a) sub. (1) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.

25,88p Section 88p. 16.964 (8) (c) of the statutes is renumbered 301.265 (3) and amended to read:

301.265 (3) From the appropriations under s. 20.505 (6) 20.410 (3) (d) and (kj), the office department shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 1 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.410 (3) (kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization that is located in ward 3 of the city of Racine to provide services in Racine County , for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 1 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the office department may enter into a contract under this paragraph subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

25,89 Section 89. 16.964 (9) of the statutes is repealed.

25,90m Section 90m. 16.964 (12) of the statutes is created to read:

16.964 (12) (a) In this subsection, "violent offender" means a person to whom one of the following applies:

1. The person has been charged with or convicted of an offense in a pending case and, during the course of the offense, the person carried, possessed, or used a dangerous weapon, the person used force against another person, or a person died or suffered serious bodily harm.

2. The person has one or more prior convictions for a felony involving the use or attempted use of force against another person with the intent to cause death or serious bodily harm.

(b) The office shall make grants to counties to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The office shall make the grants from the appropriations under s. 20.505 (6) (b) and (ku). The office shall collaborate with the departments of corrections and health and family services in establishing this grant program.

1. The county's program is designed to meet the needs of a person who abuses alcohol or other drugs and who may be or has been charged with or who has been convicted of a crime in that county related to the person's use or abuse of alcohol or other drugs.

2. The program is designed to promote public safety, reduce prison and jail populations, reduce prosecution and incarceration costs, reduce recidivism, and improve the welfare of participants' families by meeting the comprehensive needs of participants.

3. The program establishes eligibility criteria for a person's participation. The criteria shall specify that a violent offender is not eligible to participate in the program.

4. Services provided under the program are consistent with evidence-based practices in substance abuse and mental health treatment, as determined by the department of health and family services, and the program provides intensive case management.

5. The program uses graduated sanctions and incentives to promote successful substance abuse treatment.

6. The program provides holistic treatment to its participants and provides them services that may be needed, as determined under the program, to eliminate or reduce their use of alcohol or other drugs, improve their mental health, facilitate their gainful employment or enhanced education or training, provide them stable housing, facilitate family reunification, ensure payment of child support, and increase the payment of other court-ordered obligations.

7. The program is designed to integrate all mental health services provided to program participants by state and local government agencies and other organizations. The program shall require regular communication among a participant's substance abuse treatment providers, other service providers, the case manager, and any person designated under the program to monitor the person's compliance with his or her obligations under the program and any probation, extended supervision, and parole agent assigned to the participant.

8. The program provides substance abuse and mental health treatment services through providers that are certified by the department of health and family services.

9. The program requires participants to pay a reasonable amount for their treatment, based on their income and available assets, and pursues and uses all possible resources available through insurance and federal, state, and local aid programs, including cash, vouchers, and direct services.