AB40: Bill Text

Because this bill directly or substantially affects the development, construction, cost or availability of housing in this state, the Department of Administration, as required by law, will prepare a report to be printed as an appendix to this bill.

Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.

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

AB40, s. 1 Section 1. 11.26 (9) (a) and (b) of the statutes are amended to read:

AB40,44,7 11.26 (9) (a) Except as provided in par. (ba), no individual who is a candidate for state or local office may receive and accept more than 65 percent of the value of the total disbursement level determined under s. 11.31 or 11.511 (7) (a) for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party and legislative campaign committees.

AB40,45,3 (b) Except as provided in par. (ba), no individual who is a candidate for state or local office may receive and accept more than 45 percent of the value of the total disbursement level determined under s. 11.31 or 11.511 (7) (a) for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.

AB40, s. 2 Section 2. 11.506 (1) of the statutes is amended to read:

AB40,45,15 11.506 (1) An eligible candidate shall not accept private contributions other than seed money contributions and qualifying contributions that the candidate accepts during the exploratory period and the public financing qualifying period during the primary election campaign period in an aggregate amount exceeding the difference, if any, between the maximum amount of the public financing benefit for the primary election campaign period and the actual amount of the public financing benefit for that period paid to the eligible candidate. An eligible candidate shall not accept private contributions during the election campaign period in an aggregate amount exceeding the difference, if any, between the maximum amount of the public financing benefit for the election campaign period and the actual amount of the public financing benefit for that period paid to the eligible candidate.

AB40, s. 3 Section 3. 11.51 (title) of the statutes is amended to read:

AB40,45,17 11.51 (title) Certification Certifications by candidate and board.

AB40, s. 4 Section 4. 11.51 (1m) of the statutes is created to read:

AB40,46,13 11.51 (1m) Upon determination of the number of eligible candidates who qualify for a public financing benefit for the primary election campaign period, the board shall determine the amounts of the public financing benefits that are payable to all eligible candidates in the primary election campaign period and the election campaign period by reserving a public financing benefit amount from the democracy trust fund for the election campaign period for 2 eligible candidates, if 2 or more candidates qualify to receive a public financing benefit for the primary election campaign period, or for one eligible candidate, if only one candidate qualifies to receive a public financing benefit for the primary election campaign period and, if there are insufficient moneys in the democracy trust fund to make full payment of all public financing benefits that are or may become payable for the primary and election campaign periods, by prorating the amounts of the public financing benefits to fully allocate all available moneys to the eligible candidates. If, on the day that the board makes its certification under sub. (3), there are additional moneys in the democracy trust fund that have become available for distribution to eligible candidates in the election campaign period, the board shall distribute the additional moneys in equal amounts to each eligible candidate at the spring election or, if there is only one eligible candidate, to that candidate alone, up to the maximum amount of the public financing benefit for the spring election, as provided in s. 11.511 (3) and (6).

AB40, s. 5 Section 5. 11.51 (2) of the statutes is amended to read:

AB40,46,22 11.51 (2) The board shall certify to the state treasurer the name of each eligible candidate at the spring primary together with the amount of the public financing benefit payable to the candidate promptly after the candidate demonstrates his or her eligibility and, in any event, not later than 5 days after the end of the public financing qualifying period. The state treasurer Upon certification of an eligible candidate, the board shall immediately credit that candidate's account with a line of credit for the amount certified. No candidate may utilize a line of credit received under this subsection until the beginning of the primary election campaign period.

AB40, s. 6 Section 6. 11.51 (3) of the statutes is amended to read:

AB40,47,7 11.51 (3) The board shall certify to the state treasurer the name of each eligible candidate at the spring election together with the amount of the public financing benefit payable to the candidate not later than 48 hours after the date of the spring primary election for the office of justice, or the date that the primary election would be held if a primary were required. The state treasurer Upon certification of an eligible candidate, the board shall immediately credit that candidate's account with a line of credit for the amount certified. However, no candidate for a particular office shall receive a line of credit until all candidates for the office of justice who apply and qualify for a public financing benefit have been certified as eligible candidates.

AB40, s. 7 Section 7. 11.511 (1) of the statutes is amended to read:

AB40,47,18 11.511 (1) The state treasurer board shall provide to each eligible candidate who qualifies to receive a public financing benefit for the primary or election campaign period separate lines of credit for the public financing benefits payable to the candidate for the primary and election campaign periods in the amounts specified in this section, subject to any required adjustment under s. 11.512 (2) or 11.513 (2). An eligible candidate may use this public financing benefit to finance any lawful disbursements during the primary and election campaign periods to further the election of the candidate in that primary or election. An eligible candidate shall not use this public financing benefit to repay any loan, or in violation of ss. 11.502 to 11.522 or any other applicable law.

AB40, s. 8 Section 8 . 11.511 (1) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,48,5 11.511 (1) The board shall provide to each eligible candidate who qualifies to receive a public financing benefit for the primary or election campaign period separate lines of credit for the public financing benefits payable to the candidate for the primary and election campaign periods in the amounts specified in this section, subject to any required adjustment under s. 11.512 (2) or 11.513 (2). An eligible candidate may use this public financing benefit to finance any lawful disbursements during the primary and election campaign periods to further the election of the candidate in that primary or election. An eligible candidate shall not use this public financing benefit to repay any loan, or in violation of ss. 11.502 to 11.522 or any other applicable law.

AB40, s. 9 Section 9. 11.511 (2) of the statutes is amended to read:

AB40,48,9 11.511 (2) Except as provided in ss. 11.512 (2) and 11.513 (2), the The maximum public financing benefit for a primary election campaign period is $100,000, subject to adjustment under s. 11.51 (1m).

AB40, s. 10 Section 10. 11.511 (3) of the statutes is amended to read:

AB40,48,13 11.511 (3) Except as provided in ss. 11.512 (2) and 11.513 (2), the The maximum public financing benefit for an election campaign period is $300,000 , subject to adjustment under s. 11.51 (1m).

AB40, s. 11 Section 11. 11.511 (6) of the statutes is amended to read:

AB40,48,19 11.511 (6) Notwithstanding subs. (2) and (3), beginning on July 1, 2012, and every 2 years thereafter, the board shall modify the maximum public financing benefits provided for in subs. (2) and (3) to adjust for the change in the consumer price index, all items, U.S. city average, published by the U.S. department of labor for the preceding 2-year period ending on December 31.

AB40, s. 12 Section 12. 11.511 (7) (a) of the statutes is renumbered 11.511 (7) and amended to read:

AB40,49,4 11.511 (7) Except as provided in par. (b), no No candidate for the office of justice who files an application for a public financing benefit and certification under s. 11.51 (1) and who accepts a public financing benefit may make or authorize total disbursements in a campaign, beginning with the first day of the exploratory period and ending on the date of the spring election, to the extent of more than the maximum amounts specified in ss. 11.502 (2) and 11.508 (1), plus the amount specified in s. 11.511 (3), as adjusted under s. 11.511 (6), and, if there is a primary for the office of justice, the amount specified in s. 11.511 (2), as adjusted under s. 11.511 (6).

AB40, s. 13 Section 13. 11.511 (7) (b) of the statutes is repealed.

AB40, s. 14 Section 14. 11.512 of the statutes is repealed.

AB40, s. 15 Section 15. 11.513 of the statutes is repealed.

AB40, s. 16 Section 16. 11.515 of the statutes is amended to read:

AB40,49,12 11.515 Democracy trust fund. The democracy trust fund shall be administered by the state treasurer government accountability board. The state treasurer board shall establish an account within the fund for each eligible candidate.

AB40, s. 17 Section 17. 11.517 (1) of the statutes is amended to read:

AB40,49,20 11.517 (1) Notwithstanding s. 11.60 (1), if an eligible candidate makes disbursements that exceed the total amount of the public financing benefit allocated to the candidate for any campaign and, the total qualifying and seed money contributions lawfully accepted by the candidate, and the total private contributions that the candidate may accept under s. 11.506 (1), the candidate may be required to forfeit not more than 10 times the amount by which the disbursements exceed the allocation that total.

AB40, s. 18 Section 18. 11.522 of the statutes is amended to read:

AB40,50,2 11.522 Contributions to nonparticipating candidates. A nonparticipating candidate may accept contributions from private sources without limitation, except that no person may make any contribution or contributions to a nonparticipating candidate exceeding a total of $1,000 during any campaign, subject to applicable limitations under s. 11.26.

AB40, s. 19 Section 19. 13.099 (1) (a) of the statutes is amended to read:

AB40,50,5 13.099 (1) (a) "Department" " Authority" means the department of commerce Wisconsin Housing and Economic Development Authority.

AB40, s. 20 Section 20. 13.099 (1) (b) of the statutes is amended to read:

AB40,50,8 13.099 (1) (b) "State housing strategy plan" means the plan developed under s. 560.9802 234.5602.

AB40, s. 21 Section 21. 13.099 (2) (a) of the statutes is amended to read:

AB40,50,16 13.099 (2) (a) If any bill that is introduced in either house of the legislature directly or substantially affects the development, construction, cost , or availability of housing in this state, the department authority shall prepare a report on the bill within 30 days after it is introduced. The department authority may request any information from other state agencies, local governments or individuals , or organizations that is reasonably necessary for the department authority to prepare the report.

AB40, s. 22 Section 22. 13.099 (2) (b) of the statutes is amended to read:

AB40,50,22 13.099 (2) (b) A bill that requires a report by the department authority under this section shall have that requirement noted on its jacket when the jacket is prepared. When a bill that requires a report under this section is introduced, the legislative reference bureau shall submit a copy of the bill to the department authority.

AB40, s. 23 Section 23. 13.099 (3) (title) of the statutes is amended to read:

AB40,50,25 13.099 (3) (title) Findings of the department authority to be contained in the report.

AB40, s. 24 Section 24. 13.099 (3) (a) (intro.) of the statutes is amended to read:

AB40,51,4 13.099 (3) (a) (intro.) The report of the department authority shall contain information about the effect of the bill on housing in this state, including information on the effect of the bill on all of the following:

AB40, s. 25 Section 25. 13.099 (3) (a) 5. of the statutes is amended to read:

AB40,51,7 13.099 (3) (a) 5. Housing costs, as defined in s. 560.9801 234.5601 (3) (a) and (b).

AB40, s. 26 Section 26. 13.099 (4) of the statutes is amended to read:

AB40,51,10 13.099 (4) Rule-making authority Rules. The department authority may promulgate adopt any rules necessary for the administration of this section.

AB40, s. 27 Section 27. 13.101 (6) (a) of the statutes is amended to read:

AB40,52,5 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity, by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (af), (aq), (ar), and (au), 20.435 (7) (a) and (da), and 20.437 (2) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

AB40, s. 28 Section 28. 13.106 (title) of the statutes is amended to read:

AB40,52,8 13.106 (title) Medical College of Wisconsin and UW-Madison Medical School school reports.

AB40, s. 29 Section 29. 13.106 (1) (intro.) of the statutes is amended to read:

AB40,52,12 13.106 (1) (intro.) The Medical College of Wisconsin and the University of Wisconsin-Madison Medical Wisconsin School of Medicine and Public Health shall biennially report to the governor and the joint committee on finance on the:

AB40, s. 30 Section 30. 13.106 (2) of the statutes is amended to read:

AB40,52,19 13.106 (2) The Medical College of Wisconsin and the University of Wisconsin-Madison Medical Wisconsin School of Medicine and Public Health shall submit a biennial report containing financial summaries for the college and school to the governor and the joint committee on finance, in a consistent format and methodology to be developed in consultation with the medical education review committee under s. 39.16.

AB40, s. 31 Section 31. 13.106 (3) (intro.) of the statutes is amended to read:

AB40,52,25 13.106 (3) (intro.) By October 15 of each even-numbered year, the Medical College of Wisconsin and the University of Wisconsin-Madison Medical Wisconsin School of Medicine and Public Health shall submit a report to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that provides information on all of the following:

AB40, s. 32 Section 32. 13.172 (1) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,53,8 13.172 (1) In this section, "agency" means an office, department, 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, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 37, 52, 231, 233, 234, 238, or 279.

AB40, s. 33 Section 33. 13.40 of the statutes is repealed.

AB40, s. 34 Section 34. 13.48 (1) of the statutes is amended to read:

AB40,53,20 13.48 (1) Policy. The legislature finds and determines that it is necessary to improve the adequacy of the public building facilities that are required by the various state agencies and the University of Wisconsin–Madison including the educational institutions, for the proper performance of their duties and functions, and that it is in the interest of economy, efficiency and the public welfare that such improvement be accomplished by means of a long-range public building program, with funds to be provided by successive legislatures. The long-range program shall include the necessary lands, new buildings, and all facilities and equipment required and also the remodeling, reconstruction, maintenance and reequipping of existing buildings and facilities, as determined by the building commission.

AB40, s. 35 Section 35. 13.48 (1m) (b) of the statutes is amended to read:

AB40,54,2 13.48 (1m) (b) The long-range public building program shall recognize the importance of historic properties and shall include a program of preservation and restoration of those historic properties under the control of the state and the University of Wisconsin–Madison as provided in s. 44.41, including criteria for determining which historic properties should be preserved and restored.

AB40, s. 36 Section 36. 13.48 (1m) (c) of the statutes is amended to read:

AB40,54,8 13.48 (1m) (c) The long-range public building program shall require the biennial review of each historic property under the control of the state and the University of Wisconsin–Madison to determine the current uses of the property and compliance by state agency compliance agencies and the University of Wisconsin–Madison with the requirements of the long-range program.

AB40, s. 37 Section 37. 13.48 (1m) (d) of the statutes is amended to read:

AB40,54,14 13.48 (1m) (d) The building commission shall allocate, from that portion of the state building program funding which is available to all state agencies and the University of Wisconsin–Madison, an amount of funds deemed necessary by the building commission for the preservation, restoration and maintenance of historic properties under the control of the state and the University of Wisconsin–Madison.

AB40, s. 38 Section 38. 13.48 (2) (b) 2. of the statutes is amended to read:

AB40,54,25 13.48 (2) (b) 2. In the construction of all new buildings or additions to existing buildings used for housing state offices and constructed for general state purposes and not specially for the use of any particular state agency or the University of Wisconsin–Madison, the building commission shall function with respect to such construction in the same manner as other state agencies function with respect to buildings constructed for such agencies. The building commission shall fix the rental for all space in such buildings, and, notwithstanding any other statute, may remove to any building any department housed in the state capitol. After the completion of such buildings, they shall be in the charge of the department of administration as provided by s. 16.84.

AB40, s. 39 Section 39. 13.48 (2) (b) 4. of the statutes is repealed.

AB40, s. 40 Section 40. 13.48 (2) (d) of the statutes is repealed.

AB40, s. 41 Section 41. 13.48 (2) (e) 2. of the statutes is amended to read:

AB40,55,6 13.48 (2) (e) 2. It is the intent of the legislature that it be given a complete picture of the results of its past decisions regarding the state's state building program which will serve as background for making further decisions.

AB40, s. 42 Section 42. 13.48 (2) (g) of the statutes is amended to read:

AB40,55,9 13.48 (2) (g) The building commission shall review assessments on property of the state and the University of Wisconsin–Madison under s. 66.0703 (6).

AB40, s. 43 Section 43. 13.48 (2) (j) of the statutes is repealed.

AB40, s. 44 Section 44. 13.48 (3) of the statutes is amended to read:

AB40,56,8 13.48 (3) State building trust fund. In the interest of the continuity of the program, the moneys appropriated to the state building trust fund under s. 20.867 (2) (f) shall be retained as a nonlapsing building depreciation reserve. Such moneys shall be deposited into the state building trust fund. At such times as the building commission directs, or in emergency situations under s. 16.855 (16) (b), the governor shall authorize releases from this fund to become available for projects of state agencies or the University of Wisconsin–Madison and shall direct the department of administration to allocate from this fund such amounts as are approved for these projects. In issuing such directions, the building commission shall consider the cash balance in the state building trust fund, the necessity and urgency of the proposed improvement, employment conditions and availability of materials in the locality in which the improvement is to be made. The building commission may authorize any project costing $500,000 or less for any state agency or the University of Wisconsin–Madison in accordance with priorities to be established by the building commission and may adjust the priorities by deleting, substituting or adding new projects as needed to reflect changing program needs and unforeseen circumstances. The building commission may enter into contracts for the construction of buildings for any state agency or the University of Wisconsin–Madison, except a project authorized under sub. (10) (c), and shall be responsible for accounting for all funds released to projects. The building commission may designate the department of administration, the University of Wisconsin-Madison, or the agency for which the project is constructed to act as its representative in such accounting.