AB75: Bill Text

AB75, s. 118 Section 118. 16.855 (22) of the statutes is amended to read:

AB75,124,12 16.855 (22) The provisions of this section, except sub. (10m), do not apply to construction work for any project that does not require the prior approval of the building commission under s. 13.48 (10) (a) if the project is constructed in accordance with policies and procedures prescribed by the building commission under s. 13.48 (29). If the estimated construction cost of any project is at least $40,000 $100,000, and the building commission elects to utilize the procedures prescribed under s. 13.48 (29) to construct the project, the department shall provide adequate public notice of the project and the procedures to be utilized to construct the project on a publicly accessible computer site.

AB75, s. 119 Section 119. 16.865 (4) of the statutes is amended to read:

AB75,124,18 16.865 (4) Manage the state employees' worker's compensation program and the statewide self-funded programs to protect the state from losses of and damage to state property and liability and, if retained by the department of workforce development under s. 102.65 (3), prosecute or defend claims for payments into or out of the work injury supplemental benefit fund as provided in s. 102.65 (3).

AB75, s. 120 Section 120. 16.865 (8) of the statutes is amended to read:

AB75,125,9 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under sub. (5). In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232, 233, 234, 235, 237, or 279.

AB75, s. 121 Section 121. 16.87 (3) of the statutes is amended to read:

AB75,126,2 16.87 (3) Except as provided in sub. (4) and this subsection, a contract under sub. (2) is not valid or effectual for any purpose until it is endorsed in writing and approved by the secretary or the secretary's designated assistant and, if the contract involves an expenditure over $60,000, approved by the governor. The governor may delegate the authority to approve any contract requiring his or her approval under this subsection that involves an expenditure of less than $150,000 to the secretary or the secretary's designee. Except as provided in sub. (4), no payment or compensation for work done under any contract involving $2,500 or more, except a highway contract, may be made unless the written claim is audited and approved by the secretary or the secretary's designee. Any change order to a contract requiring approval under this subsection requires the prior approval by the secretary or the secretary's designated assistant and, if the change order involves an expenditure over $60,000, the approval of the governor or, if, unless the governor delegates his or her authority to approve contracts under this subsection and the change order involves an expenditure of less than $150,000, the approval of to the secretary or the secretary's designee.

AB75, s. 122 Section 122. 16.957 (title) of the statutes is renumbered 196.3746 (title) and amended to read:

AB75,126,5 196.3746 (title) Low-income State low-income assistance.

AB75, s. 123 Section 123. 16.957 (1) (intro.) of the statutes is renumbered 196.3746 (1) (intro.).

AB75, s. 124 Section 124. 16.957 (1) (bm) of the statutes is repealed.

AB75, s. 125 Section 125. 16.957 (1) (c) to (n) of the statutes are renumbered 196.3746 (1) (c) to (n).

AB75, s. 126 Section 126. 16.957 (1) (o) of the statutes is renumbered 196.3746 (1) (o), and 196.3746 (1) (o) 1., as renumbered, is amended to read:

AB75,126,15 196.3746 (1) (o) 1. The total amount received by the department of administration for low-income funding under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 in fiscal year 1997-98.

AB75, s. 127 Section 127. 16.957 (1) (p) and (q) of the statutes are renumbered 196.3746 (1) (p) and (q).

AB75, s. 128 Section 128. 16.957 (1) (qm) of the statutes is repealed.

AB75, s. 129 Section 129. 16.957 (1) (s) to (x) of the statutes are renumbered 196.3746 (1) (s) to (x).

AB75, s. 130 Section 130. 16.957 (2) (intro.) of the statutes is renumbered 196.3746 (2) (intro.) and amended to read:

AB75,126,24 196.3746 (2) Department Commission duties. (intro.) In consultation with the council, the department commission shall do all of the following:

AB75, s. 131 Section 131. 16.957 (2) (a) (intro.) of the statutes is renumbered 16.957 (2) (a) and amended to read:

AB75,127,9 16.957 (2) (a) Low-income programs. After holding a hearing, establish programs to be administered by the department for awarding grants from the appropriation under s. 20.505 (3) (r) to provide low-income assistance. In each fiscal year, the amount awarded under this paragraph shall be sufficient to ensure that an amount equal to 47% of the sum of the following not less than $75,000,000, or the amount determined under par. (d) 2m., is spent for weatherization and other energy conservation services:.

AB75, s. 132 Section 132 . 16.957 (2) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 196.3746 (2) (a) and amended to read:

AB75,127,17 196.3746 (2) (a) Low-income programs. After holding a hearing, establish programs to be administered by the department commission for awarding grants from the appropriation under s. 20.505 20.155 (3) (r) to provide low-income assistance. In each fiscal year, the amount awarded under this paragraph shall be sufficient to ensure that not less than $75,000,000, or the amount determined under par. (d) 2m., is spent for weatherization and other energy conservation services.

AB75, s. 133 Section 133. 16.957 (2) (a) 1. to 4. of the statutes are repealed.

AB75, s. 134 Section 134. 16.957 (2) (c) of the statutes is renumbered 196.3746 (2) (c).

AB75, s. 135 Section 135. 16.957 (2) (d) of the statutes is renumbered 196.3746 (2) (d), and 196.3746 (2) (d) 4. a. and d., as renumbered, are amended to read:

AB75,127,24 196.3746 (2) (d) 4. a. The expenses of the department commission, other state agencies, and grant recipients in administering or participating in the programs under par. (a).

AB75,128,2 d. Any other issue identified by the department commission, council, governor, speaker of the assembly or majority leader of the senate.

AB75, s. 136 Section 136. 16.957 (2) (d) 2m. of the statutes is created to read:

AB75,128,7 16.957 (2) (d) 2m. In fiscal years 2010-11 and 2011-12, increase the amount required to be spent on weatherization and other energy conservation services under par. (a) to reflect the increase in the cost of living, as determined by the department, that occurred during the previous fiscal year.

AB75, s. 137 Section 137. 16.957 (2) (d) 2m. of the statutes, as created by 2009 Wisconsin Act .... (this act), is renumbered 196.3746 (2) (d) 2m. and amended to read:

AB75,128,13 196.3746 (2) (d) 2m. In fiscal years 2010-11 and 2011-12, increase the amount required to be spent on weatherization and other energy conservation services under par. (a) to reflect the increase in the cost of living, as determined by the department, commission that occurred during the previous fiscal year.

AB75, s. 138 Section 138. 16.957 (3) of the statutes is renumbered 196.3746 (3) and amended to read:

AB75,128,19 196.3746 (3) Contracts. The department commission shall, on the basis of competitive bids, contract with community action agencies described in s. 49.265 (2) (a) 1., nonstock, nonprofit corporations organized under ch. 181, or local units of government to provide services under the programs established under sub. (2) (a).

AB75, s. 139 Section 139. 16.957 (4) (a), (am) and (b) of the statutes are renumbered 196.3746 (4) (a), (am) and (b), and 196.3746 (4) (a) and (b) (intro.), as renumbered, are amended to read:

AB75,129,5 196.3746 (4) (a) Requirement to charge low-income assistance fees. Each electric utility, except for a municipal utility, shall charge each customer a low-income assistance fee in an amount established in rules promulgated by the department commission under par. (b). An electric utility, except for a municipal utility, shall collect and pay the fees to the department commission in accordance with the rules promulgated under par. (b). The low-income assistance fees collected by an electric utility shall be considered trust funds of the department commission and not income of the electric utility.

AB75,129,10 (b) Rules. (intro.) In consultation with the council, the department commission shall promulgate rules that establish the amount of a low-income assistance fee under par. (a). Fees established in rules under this paragraph may vary by class of customer, but shall be uniform within each class, and shall satisfy each of the following:

AB75, s. 140 Section 140. 16.957 (4) (c) (intro.) of the statutes is renumbered 196.3746 (4) (c) (intro.).

AB75, s. 141 Section 141. 16.957 (4) (c) 1. of the statutes is renumbered 196.3746 (4) (c) 1. and 196.3746 (4) (c) 1. (intro.), as renumbered, is amended to read:

AB75,129,18 196.3746 (4) (c) 1. `Low-income funding from fee.' In each fiscal year, the low-income assistance fee shall be an amount that, when added to the sum of the following shall equal the low-income need target for that fiscal year determined by the department commission under sub. (2) (d) 1.:

AB75, s. 142 Section 142. 16.957 (4) (c) 3. (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 196.3746 (4) (c) 3. (intro.).

AB75, s. 143 Section 143. 16.957 (4) (c) 3. of the statutes is renumbered 16.957 (4) (c) 3. (intro.) and amended to read:

AB75,130,2 16.957 (4) (c) 3. `Limitation on low-income assistance fees.' (intro.) In any month, the low-income assistance fee may not exceed 3% of the total of every other charge for which the customer is billed for that month or $750 or the sum of the following, whichever is less.:

AB75, s. 144 Section 144. 16.957 (4) (c) 3. a. of the statutes is created to read:

AB75,130,5 16.957 (4) (c) 3. a. Three percent of the total of every other charge for which the customer is billed for that month.

AB75, s. 145 Section 145. 16.957 (4) (c) 3. a. of the statutes, as created by 2009 Wisconsin Act .... (this act), is renumbered 196.3746 (4) (c) 3. a.

AB75, s. 146 Section 146. 16.957 (4) (c) 3. b. of the statutes is created to read:

AB75,130,12 16.957 (4) (c) 3. b. As determined by the department, the percentage of the total of every other charge for which the customer is billed for that month that is sufficient to generate, over the course of the fiscal year within which the month falls, the amount shown in the schedule under s. 20.437 (2) (s) for that fiscal year.

AB75, s. 147 Section 147. 16.957 (4) (c) 3. b. of the statutes, as created by 2009 Wisconsin Act .... (this act), is renumbered 196.3746 (4) (c) 3. b. and amended to read:

AB75,130,19 196.3746 (4) (c) 3. b. As determined by the department commission, the percentage of the total of every other charge for which the customer is billed for that month that is sufficient to generate, over the course of the fiscal year within which the month falls, the amount shown in the schedule under s. 20.437 (2) (s) for that fiscal year.

AB75, s. 148 Section 148. 16.957 (5) of the statutes is renumbered 196.3746 (5), and 196.3746 (5) (b) 2. and (g) 1. (intro.) and 2., as renumbered, are amended to read:

AB75,131,6 196.3746 (5) (b) 2. No later than October 1, 2007, and no later than every 3rd year after that date, each municipal utility or retail electric cooperative shall notify the department commission whether the utility or cooperative has elected to contribute the fees that the utility or cooperative charges under par. (a) to the programs established under sub. (2) (a) in each year of the 3-year period for which the utility or cooperative has made the election. If a municipal utility or retail electric cooperative elects to contribute to the programs established under sub. (2) (a), the utility or cooperative shall pay the low-income assistance fees that the utility or cooperative collects under par. (a) to the department commission in each year of the 3-year period for which the utility or cooperative has made the election.

AB75,131,11 (g) Reports. 1. (intro.) Annually, each municipal utility and retail electric cooperative that spends the low-income assistance fees that the utility or cooperative charges under par. (a) on commitment to community programs under par. (b) 1. shall provide for an independent audit of its programs and submit a report to the department commission that describes each of the following:

AB75,131,15 2. The department commission shall require that municipal utilities and retail electric cooperatives file reports under subd. 1. electronically, in a format that allows for tabulation, comparison, and other analysis of the reports. The department shall maintain reports filed under subd. 1. for at least 6 years.

AB75, s. 149 Section 149. 16.964 (1) (intro.) and (a) to (i) of the statutes are renumbered 16.964 (1m) (intro.) and (a) to (i), and 16.964 (1m) (intro.), as renumbered, is amended to read:

AB75,131,19 16.964 (1m) (intro.) The office of justice assistance shall:

AB75, s. 150 Section 150. 16.964 (1) (j) of the statutes is renumbered 16.964 (15) (a) and amended to read:

AB75,131,24 16.964 (15) (a) Provide The office shall provide staff support for the interoperability council under s. 16.9645 and oversight of the development and operation of a statewide public safety interoperable communication system.

AB75, s. 151 Section 151. 16.964 (1g) of the statutes is created to read:

AB75,132,1 16.964 (1g) In this section, "office" means the office of justice assistance.

AB75, s. 152 Section 152. 16.964 (2) of the statutes is amended to read:

AB75,132,6 16.964 (2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the office with the information described in sub. (1) (1m) (g) on the basis of the forms or instructions or both to be supplied by the office under sub. (1) (1m) (g).

AB75, s. 153 Section 153. 16.964 (8) (a) of the statutes is amended to read:

AB75,132,15 16.964 (8) (a) From the appropriations under s. 20.505 (1) (kh) and (6) (d) and (kj), the office 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 may enter into a contract under this paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

AB75, s. 154 Section 154. 16.964 (8) (c) of the statutes is amended to read:

AB75,133,10 16.964 (8) (c) From the appropriations under s. 20.505 (1) (kh) and (6) (d) and (kj), the office 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 2 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. 20.505 (6) (kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization, 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 2 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 may enter into a contract under this paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

AB75, s. 155 Section 155. 16.964 (10) of the statutes is repealed.

AB75, s. 156 Section 156. 16.964 (12) (b) of the statutes is amended to read:

AB75,133,19 16.964 (12) (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), and (kv). The office shall collaborate with the departments of corrections and health services in establishing this grant program.

AB75, s. 157 Section 157. 16.964 (14) (intro.) of the statutes is amended to read:

AB75,133,24 16.964 (14) (intro.) Beginning in fiscal year 2008-09, from From the appropriation accounts under s. 20.505 (1) (kh) and (6) (f), the office shall in each fiscal year provide $20,000 to each of the following child advocacy centers for education, training, medical advice, and quality assurance activities:

AB75, s. 158 Section 158. 16.964 (15) (b) of the statutes is created to read:

AB75,134,3 16.964 (15) (b) The office may charge a public safety agency, as defined in s. 256.35 (1) (g), that is a state agency a fee for use of the statewide public safety interoperable communication system under par. (a).

AB75, s. 159 Section 159. 16.997 (2g) (a) of the statutes is renumbered 16.997 (2g) (a) (intro.) and amended to read:

AB75,134,8 16.997 (2g) (a) (intro.) Provide access to the data line to any business entity, as defined in s. 13.62 (5)., unless the business entity complies with all of the following:

AB75, s. 160 Section 160. 16.997 (2g) (a) 1. to 3. of the statutes are created to read:

AB75,134,11 16.997 (2g) (a) 1. The business entity is broadcasting an event sponsored by the educational agency.

AB75,134,13 2. The business entity has the permission of the educational agency to record and broadcast the event.

AB75,134,15 3. The business entity reimburses the department for its proportionate share of the cost of the data line used to broadcast the event.

AB75, s. 161 Section 161. 17.07 (3m) of the statutes is amended to read:

AB75,134,18 17.07 (3m) Notwithstanding sub. (3), the parole earned release review commission chairperson may be removed by the governor, at pleasure.