AB100-ASA1,24,12 516.56 Grain inspection funding. On June 30 of each fiscal year, the
6department shall determine whether the accumulated expenses for the inspection
7and certification of grain under s. 93.06 (1m) have exceeded the accumulated
8revenues from conducting that inspection and certification as of that date. If so,
9immediately before the end of the fiscal year, the department shall transfer the
10unencumbered balances in the appropriation accounts under s. 20.115 (1) (a), (2) (a),
11(3) (a), (7) (a), and (8) (a), up to the amount of the excess, to the appropriation account
12under s. 20.115 (1) (h).
AB100-ASA1, s. 81m 13Section 81m. 16.71 (1m) of the statutes is amended to read:
AB100-ASA1,24,2214 16.71 (1m) The department shall not delegate to any executive branch agency,
15other than the board of regents of the University of Wisconsin System, the authority
16to enter into any contract for materials, supplies, equipment, or contractual services
17relating to information technology or telecommunications prior to review and
18approval of the contract by the department. No executive branch agency, other than
19the board of regents of the University of Wisconsin System, may enter into any such
20contract without review and approval of the contract by the department. Any
21delegation to the board of regents of the University of Wisconsin System is subject
22to the limitations prescribed in s. 36.11 (49).
AB100-ASA1, s. 81r 23Section 81r. 16.75 (1) (a) 1. of the statutes is amended to read:
AB100-ASA1,25,724 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all
25materials, supplies, equipment, and contractual services to be provided to any

1agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
2(6), (7), (8), (9), and (10m) and ss. 16.73 (4) (a), 16.751, 16.754, 16.964 (8), 50.05 (7)
3(f), 153.05 (2m) (a), and 287.15 (7), and 301.265, shall be awarded to the lowest
4responsible bidder, taking into consideration life cycle cost estimates under sub.
5(1m), when appropriate, the location of the agency, the quantities of the articles to
6be supplied, their conformity with the specifications, and the purposes for which they
7are required and the date of delivery.
AB100-ASA1, s. 83m 8Section 83m. 16.84 (1) of the statutes is amended to read:
AB100-ASA1,25,179 16.84 (1) Have charge of, operate, maintain and keep in repair the state capitol
10building, the executive residence, the light, heat and power plant, the state office
11buildings and their power plants, the grounds connected therewith, and such other
12state properties as are designated by law. All costs of such operation and
13maintenance shall be paid from the appropriations under s. 20.505 (5) (ka) and (kb),
14except for debt service costs paid under s. 20.866 (1) (u). The department shall
15transfer moneys from the appropriation under s. 20.505 (5) (ka) to the appropriation
16account under s. 20.505 (5) (kc) sufficient to make principal and interest payments
17on state facilities and payments to the United States under s. 13.488 (1) (m).
AB100-ASA1, s. 85 18Section 85. 16.848 of the statutes is created to read:
AB100-ASA1,25,23 1916.848 Sale of certain state property. (1) Except as provided in sub. (2) and
20subject to sub. (3), the department may sell any state-owned real property, if the
21department determines that the sale is in the best interest of the state. The sale may
22be either on the basis of public bids, with the department reserving the right to reject
23any bid in the interest of the state, or negotiated prices.
AB100-ASA1,25,25 24(2) (a) Subsection (1) does not authorize the closure or sale of any facility or
25institution the operation of which is provided for by law.
AB100-ASA1,26,2
1(b) Subsection (1) does not apply to property under the jurisdiction of the board
2of regents of the University of Wisconsin System.
AB100-ASA1,26,43 (c) Subsection (1) does not apply to property sold by the department under s.
416.98 (3).
AB100-ASA1,26,65 (d) Subsection (1) does not apply to lands under the jurisdiction of the board
6of commissioners of public lands.
AB100-ASA1,26,87 (e) Subsection (1) does not apply to property under the jurisdiction of the
8department of natural resources, except central or district office facilities.
AB100-ASA1,26,109 (f) Subsection (1) does not apply to lands acquired with revenues collected
10under s. 70.58.
AB100-ASA1,26,1211 (g) Subsection (1) does not apply to property that is subject to sale by the
12department of veterans affairs under s. 45.72 (7).
AB100-ASA1,26,1513 (h) The department shall not sell any property under this section that is leased
14by the state until the lease expires or the lease is modified, renewed, or extended,
15whichever first occurs, without consent of the lessee.
AB100-ASA1,26,18 16(3) The department shall not sell any state property under sub. (1) unless the
17sale is approved by the building commission under 2005 Wisconsin Act .... (this act),
18section 9101 (4) (b).
AB100-ASA1,27,9 19(4) Except as provided in s. 13.48 (14) (e), if there is any outstanding public debt
20used to finance the acquisition, construction, or improvement of any property that
21is sold under sub. (1), the department shall deposit a sufficient amount of the net
22proceeds from the sale of the property in the bond security and redemption fund
23under s. 18.09 to repay the principal and pay the interest on the debt, and any
24premium due upon refunding any of the debt. If the property was acquired,
25constructed, or improved with federal financial assistance, the department shall pay

1to the federal government any of the net proceeds required by federal law. If the
2property was acquired by gift or grant or acquired with gift or grant funds, the
3department shall adhere to any restriction governing use of the proceeds. Except as
4required under sub. (5m) and ss. 13.48 (14) (e), 20.395 (9) (qd), and 51.06 (6), if there
5is no such debt outstanding, there are no moneys payable to the federal government,
6and there is no restriction governing use of the proceeds, and if the net proceeds
7exceed the amount required to be deposited, paid, or used for another purpose under
8this subsection, the department shall deposit the net proceeds or remaining net
9proceeds in the general fund.
AB100-ASA1,27,12 10(5m) If the net proceeds or the remaining net proceeds of property sales under
11sub. (4) exceed $36,000,000 in the 2005-07 fiscal biennium, the department shall
12deposit the excess amount in the budget stabilization fund.
AB100-ASA1, s. 85g 13Section 85g. 16.85 (4) of the statutes is repealed.
AB100-ASA1, s. 85m 14Section 85m. 16.891 of the statutes is created to read:
AB100-ASA1,27,15 1516.891 Reports on cost of occupancy of state facilities. (1) In this section:
AB100-ASA1,27,1616 (a) "Agency" has the meaning given in s. 16.70 (1e).
AB100-ASA1,27,2117 (b) "Total cost of occupancy" means the cost to operate and maintain the
18physical plant of a building, structure, or facility, including administrative costs of
19an agency attributable to operation and maintenance of a building, structure, or
20facility, together with any debt service costs associated with the building, structure,
21or facility, computed in the manner prescribed by the department.
AB100-ASA1,28,4 22(2) Except as provided in sub. (4), each agency shall report to the department
23no later than October 1 of each year concerning the total cost of occupancy of each
24state-owned building, structure, and facility, excluding public highways and
25bridges, under the jurisdiction of the agency for the preceding fiscal year. The report

1shall be made in a format prescribed by the department. Beginning in 2009, if a
2building, structure, or facility is a part of an institution, the agency having
3jurisdiction of the institution shall also include in its report the total cost of
4occupancy of all of the buildings, structures, and facilities within the institution.
AB100-ASA1,28,11 5(3) No later than December 1 of each year, the department shall compile the
6information received under sub. (2) and transmit a consolidated report to the
7building commission on the total cost of occupancy of all buildings, structures, and
8facilities included in the reports filed under sub. (2), itemized for each building,
9structure, and facility. The report shall include, for each building, structure, or
10facility, the recommendations of the department concerning the desired total cost of
11occupancy for that building, structure, or facility.
AB100-ASA1,28,14 12(4) The department may exempt an agency from compliance with the reporting
13requirement under sub. (2) with respect to any building, structure, or facility that
14the department determines to have a minimal total cost of occupancy.
AB100-ASA1, s. 85r 15Section 85r. 16.895 of the statutes is repealed.
AB100-ASA1, s. 87d 16Section 87d. 16.896 of the statutes is created to read:
AB100-ASA1,28,25 1716.896 Sale or contractual operation of state-owned heating, cooling,
18and power plants and wastewater treatment facilities.
(1) Except as provided
19in 2005 Wisconsin Act .... (this act), section 9101 (4), and notwithstanding ss. 13.48
20(14) (am) and 16.705 (1), no later than April 1, 2007, the department shall sell each
21state-owned heating, cooling, and power plant and wastewater treatment facility or
22shall contract with a private entity for the operation of each such plant or facility for
23the period beginning no later than April 1, 2007. Notwithstanding ss. 196.49 and
24196.80, no approval or certification of the public service commission is necessary for
25a public utility to purchase, or contract for the operation of, such a plant or facility.
AB100-ASA1,29,8
1(2) If there is any outstanding public debt used to finance the acquisition,
2construction, or improvement of any plant or facility that is sold under sub. (1), the
3department shall deposit a sufficient amount of the net proceeds from the sale of the
4property in the bond security and redemption fund under s. 18.09 to repay the
5principal and pay the interest on the debt, and any premium due upon refunding of
6the debt. If the property was acquired, constructed, or improved with federal
7financial assistance, the department shall repay to the federal government any of the
8net proceeds required by federal law.
AB100-ASA1,29,12 9(3) Except as provided in s. 51.06 (6), if there is no such debt outstanding or
10there are no moneys payable to the federal government, or if the net proceeds exceed
11the amount required to be deposited or paid under sub. (2), the department shall
12deposit the net proceeds or remaining net proceeds in the budget stabilization fund.
AB100-ASA1,29,22 13(4) If the department proposes to sell any property under sub. (1) having a fair
14market value of at least $20,000, the department shall notify the joint committee on
15finance in writing of its proposed action. If the cochairpersons of the committee do
16not notify the department that the committee has scheduled a meeting for the
17purpose of reviewing the proposed sale within 14 working days after the date of the
18department's notification, the property may be sold by the department. If, within 14
19working days after the date of the department's notification, the cochairpersons of
20the committee notify the department that the committee has scheduled a meeting for
21the purpose of reviewing the proposed sale, the property may be sold under sub. (1)
22only upon approval of the committee.
AB100-ASA1,30,2 23(5) Any contract entered into under sub. (1) (a) for the initial operation of a
24state-owned heating, cooling, or power plant or wastewater treatment facility that
25was operated by the state prior to the effective date of the contract shall require the

1contractor to offer employment to those state employees who performed services at
2the plant or facility and whose positions were terminated as the result of the contract.
AB100-ASA1, s. 87h 3Section 87h. 16.90 of the statutes is repealed.
AB100-ASA1, s. 87k 4Section 87k. 16.91 of the statutes is repealed.
AB100-ASA1, s. 87L 5Section 87L. 16.93 (2) and (3) of the statutes are amended to read:
AB100-ASA1,30,96 16.93 (2) Except as provided in sub. (3), any agency, with the approval of the
7department, may sell fuel, or water , sewage treatment service, electricity, heat or
8chilled water
to another agency, a federal agency, a local government or a private
9entity.
AB100-ASA1,30,16 10(3) Prior to contracting for the sale of any fuel or extending any water, sewage
11treatment, electrical, heating or chilled water
service to a new private entity after
12August 9, 1989, an agency shall contact each public utility that serves the area in
13which the private entity is located and that is engaged in the sale of the same fuel
14or utility water service. If a public utility so contacted objects to the proposed sale
15and commits to provide the fuel or water service, the agency shall not contract for the
16sale.
AB100-ASA1, s. 87m 17Section 87m. 16.964 (1) (i) of the statutes is created to read:
AB100-ASA1,30,1918 16.964 (1) (i) Apply for contracts and receive and expend moneys and grants
19from the federal government related to homeland security.
AB100-ASA1, s. 87p 20Section 87p. 16.964 (4) of the statutes is repealed.
AB100-ASA1, s. 87t 21Section 87t. 16.964 (6) (a) of the statutes is renumbered 165.91 (1) and
22amended to read:
AB100-ASA1,30,2423 165.91 (1) In this subsection section, "tribe" means a federally recognized
24American Indian tribe or band in this state.
AB100-ASA1, s. 87u
1Section 87u. 16.964 (6) (b) of the statutes is renumbered 165.91 (2) and
2amended to read:
AB100-ASA1,31,113 165.91 (2) From the appropriation under s. 20.505 (6) (ks) 20.455 (2) (kw), the
4office department shall provide grants to tribes to fund tribal law enforcement
5operations. To be eligible for a grant under this subsection section, a tribe must
6submit an application for a grant to the office department that includes a proposed
7plan for expenditure of the grant moneys. The office department shall review any
8application and plan submitted to determine whether that application and plan meet
9the criteria established under par. (c) sub. (3). The office department shall review
10the use of grant money provided under this subsection section to ensure that the
11money is used according to the approved plan.
AB100-ASA1, s. 87v 12Section 87v. 16.964 (6) (c) of the statutes is renumbered 165.91 (3) and
13amended to read:
AB100-ASA1,31,1614 165.91 (3) The office department shall develop criteria and procedures for use
15in administering this subsection section. Notwithstanding s. 227.10 (1), the criteria
16and procedures need not be promulgated as rules under ch. 227.
AB100-ASA1, s. 88b 17Section 88b. 16.964 (7) of the statutes is renumbered 165.89, and 165.89 (1)
18(intro.), (2) and (3), as renumbered, are amended to read:
AB100-ASA1,31,2219 165.89 (1) (intro.) From the appropriation under s. 20.505 (6) (kq) 20.455 (2)
20(kq)
, the office department shall provide grants to counties to fund county law
21enforcement services. The office department may make a grant to a county under
22this subsection section only if all of the following apply:
AB100-ASA1,32,2 23(2) The office department shall review an application and plan submitted under
24par. (a) 4. sub. (1) (d) to determine if the application and plan meet the requirements
25of par. (a) 1. to 3. sub. (1) (a) to (c) and the criteria established under par. (c) sub. (3).

1The office department may not award an annual grant in excess of $50,000 to any
2county under this subsection section.
AB100-ASA1,32,5 3(3) The office department shall develop criteria and procedures for use in
4administering this subsection section. Notwithstanding s. 227.10 (1), the criteria
5and procedures need not be promulgated as rules under ch. 227.
AB100-ASA1, s. 88k 6Section 88k. 16.964 (8) (a) of the statutes is renumbered 301.265 (1) and
7amended to read:
AB100-ASA1,32,158 301.265 (1) From the appropriations under s. 20.505 (6) 20.410 (3) (d) and (kj),
9the office department shall allocate $500,000 in each fiscal year to enter into a
10contract with an organization to provide services in a county having a population of
11500,000 or more for the diversion of youths from gang activities into productive
12activities, including placement in appropriate educational, recreational , and
13employment programs. Notwithstanding s. 16.75, the office department may enter
14into a contract under this paragraph subsection without soliciting bids or proposals
15and without accepting the lowest responsible bid or offer.
AB100-ASA1, s. 88m 16Section 88m. 16.964 (8) (b) of the statutes is renumbered 301.265 (2) and
17amended to read:
AB100-ASA1,32,2218 301.265 (2) From the appropriation under s. 20.505 (6) (km) 20.410 (3) (ky), the
19office department may not distribute more than $300,000 in each fiscal year to the
20organization that it has contracted with under par. (a) sub. (1) for alcohol and other
21drug abuse education and treatment services for participants in that organization's
22youth diversion program.
AB100-ASA1, s. 88p 23Section 88p. 16.964 (8) (c) of the statutes is renumbered 301.265 (3) and
24amended to read:
AB100-ASA1,33,21
1301.265 (3) From the appropriations under s. 20.505 (6) 20.410 (3) (d) and (kj),
2the office department shall allocate $150,000 in each fiscal year to enter into a
3contract with an organization to provide services in Racine County, $150,000 in each
4fiscal year to enter into a contract with an organization to provide services in
5Kenosha County, $150,000 in each fiscal year to enter into a contract with an
6organization that is located in ward 1 in the city of Racine to provide services in
7Racine County, and $150,000 in each fiscal year to enter into a contract with an
8organization to provide services in Brown County, and from the appropriation under
9s. 20.410 (3) (kj), the department shall allocate $100,000 in each fiscal year to enter
10into a contract with an organization that is located in ward 3 of the city of Racine to
11provide services in Racine County,
for the diversion of youths from gang activities
12into productive activities, including placement in appropriate educational,
13recreational, and employment programs, and for alcohol or other drug abuse
14education and treatment services for participants in that organization's youth
15diversion program. The organization that is located in ward 1 in the city of Racine
16shall have a recreational facility, shall offer programs to divert youths from gang
17activities, may not be affiliated with any national or state association, and may not
18have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s.
1916.75, the office department may enter into a contract under this paragraph
20subsection without soliciting bids or proposals and without accepting the lowest
21responsible bid or offer.
AB100-ASA1, s. 89 22Section 89. 16.964 (9) of the statutes is repealed.
AB100-ASA1, s. 90m 23Section 90m. 16.964 (12) of the statutes is created to read:
AB100-ASA1,33,2524 16.964 (12) (a) In this subsection, "violent offender" means a person to whom
25one of the following applies:
AB100-ASA1,34,4
11. The person has been charged with or convicted of an offense in a pending case
2and, during the course of the offense, the person carried, possessed, or used a
3dangerous weapon, the person used force against another person, or a person died
4or suffered serious bodily harm.
AB100-ASA1,34,75 2. The person has one or more prior convictions for a felony involving the use
6or attempted use of force against another person with the intent to cause death or
7serious bodily harm.
AB100-ASA1,34,148 (b) The office shall make grants to counties to enable them to establish and
9operate programs, including suspended and deferred prosecution programs and
10programs based on principles of restorative justice, that provide alternatives to
11prosecution and incarceration for criminal offenders who abuse alcohol or other
12drugs. The office shall make the grants from the appropriations under s. 20.505 (6)
13(b) and (ku). The office shall collaborate with the departments of corrections and
14health and family services in establishing this grant program.
AB100-ASA1,34,1615 (c) A county shall be eligible for a grant under par. (b) if all of the following
16apply:
AB100-ASA1,34,2017 1. The county's program is designed to meet the needs of a person who abuses
18alcohol or other drugs and who may be or has been charged with or who has been
19convicted of a crime in that county related to the person's use or abuse of alcohol or
20other drugs.
AB100-ASA1,34,2421 2. The program is designed to promote public safety, reduce prison and jail
22populations, reduce prosecution and incarceration costs, reduce recidivism, and
23improve the welfare of participants' families by meeting the comprehensive needs of
24participants.
AB100-ASA1,35,3
13. The program establishes eligibility criteria for a person's participation. The
2criteria shall specify that a violent offender is not eligible to participate in the
3program.
AB100-ASA1,35,74 4. Services provided under the program are consistent with evidence-based
5practices in substance abuse and mental health treatment, as determined by the
6department of health and family services, and the program provides intensive case
7management.
AB100-ASA1,35,98 5. The program uses graduated sanctions and incentives to promote successful
9substance abuse treatment.
AB100-ASA1,35,1510 6. The program provides holistic treatment to its participants and provides
11them services that may be needed, as determined under the program, to eliminate
12or reduce their use of alcohol or other drugs, improve their mental health, facilitate
13their gainful employment or enhanced education or training, provide them stable
14housing, facilitate family reunification, ensure payment of child support, and
15increase the payment of other court-ordered obligations.
AB100-ASA1,35,2216 7. The program is designed to integrate all mental health services provided to
17program participants by state and local government agencies and other
18organizations. The program shall require regular communication among a
19participant's substance abuse treatment providers, other service providers, the case
20manager, and any person designated under the program to monitor the person's
21compliance with his or her obligations under the program and any probation,
22extended supervision, and parole agent assigned to the participant.
AB100-ASA1,35,2523 8. The program provides substance abuse and mental health treatment
24services through providers that are certified by the department of health and family
25services.
AB100-ASA1,36,4
19. The program requires participants to pay a reasonable amount for their
2treatment, based on their income and available assets, and pursues and uses all
3possible resources available through insurance and federal, state, and local aid
4programs, including cash, vouchers, and direct services.
AB100-ASA1,36,115 10. The program is developed with input from, and implemented in
6collaboration with, one or more circuit court judges, the district attorney, the state
7public defender, local law enforcement officials, county agencies responsible for
8providing social services, including services relating to alcohol and other drug
9addiction, child welfare, mental health, and the Wisconsin Works program, the
10departments of corrections and health and family services, private social services
11agencies, and substance abuse treatment providers.
AB100-ASA1,36,1312 11. The county complies with other eligibility requirements established by the
13office to promote the objectives listed in subds. 1. and 2.
AB100-ASA1,36,1614 (d) In implementing a program that meets the requirements of par. (c), a county
15department may contract with or award grants to a religious organization under s.
1659.54 (27).
AB100-ASA1,37,217 (e) 1. A county that receives a grant under this subsection shall create an
18oversight committee to advise the county in administering and evaluating its
19program. Each committee shall consist of a circuit court judge, the district attorney
20or his or her designee, the state public defender or his or her designee, a local law
21enforcement official, a representative of the county, a representative of each other
22county agency responsible for providing social services, including services relating
23to child welfare, mental health, and the Wisconsin Works program, representatives
24of the departments of corrections and health and family services, a representative

1from private social services agencies, a representative of substance abuse treatment
2providers, and other members to be determined by the county.
AB100-ASA1,37,63 2. A county that receives a grant under this subsection shall comply with state
4audits and shall submit an annual report to the office and to the oversight committee
5created under subd. 1. regarding the impact of the program on jail and prison
6populations and its progress in attaining the goals specified in par. (c) 2. and 6.
AB100-ASA1,37,117 (f) Two or more counties may jointly apply for and receive a grant under this
8subsection. If counties submit a joint application, they shall include with their
9application a written agreement specifying each county department's role in
10developing, administering, and evaluating the program. The oversight committee
11established under par. (e) 1. shall consist of representatives from each county.
AB100-ASA1,37,1612 (g) Grants provided under this subsection shall be provided on a calendar year
13basis beginning on January 1, 2007. If the office decides to make a grant to a county
14under this subsection, the office shall notify the county of its decision and the amount
15of the grant no later than September 1 of the year preceding the year for which the
16grant will be made.
AB100-ASA1,37,1817 (h) The office shall assist a county receiving a grant under this subsection in
18obtaining funding from other sources for its program.
AB100-ASA1,37,2119 (i) The office shall inform any county that is applying for a grant under this
20subsection whether the county meets the requirements established under par. (c),
21regardless of whether the county receives a grant.
AB100-ASA1,37,2522 (j) The office shall enter into one or more contracts with another person for the
23purpose of evaluating the grant program established under this subsection. The
24office shall fund such contracts from moneys appropriated under s. 20.505 (6) (b) and
25(ku) with 1 percent of the amount awarded as grants under par. (b).
AB100-ASA1,38,7
1(k) By December 31, 2011, the office, in collaboration with the departments of
2corrections and health and family services, shall submit a report to the chief clerk
3of each house of the legislature, for distribution to the appropriate standing
4committees under section 13.172 (3), regarding savings that have been generated
5through the implementation of the grant program. The report shall also include
6recommendations regarding how the grant program should be structured in the
7future.
AB100-ASA1, s. 90t 8Section 90t. 16.965 of the statutes is repealed.
AB100-ASA1, s. 90u 9Section 90u. 16.9651 of the statutes is repealed.
AB100-ASA1, s. 91 10Section 91. 16.966 of the statutes is repealed and recreated to read:
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