AB40: Bill Text

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 of the statutes is repealed.

AB40, s. 40 Section 40. 13.48 (2) (d) of the statutes is repealed.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AB40, s. 43 Section 43. 13.48 (2) (j) of the statutes is repealed.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.

AB40, s. 45 Section 45. 13.48 (4) of the statutes is amended to read:

AB40,56,16 13.48 (4) State agencies and the University of Wisconsin–Madison to report proposed projects. Each Whenever any state agency contemplating or the University of Wisconsin–Madison contemplates a project under this the state building program, it shall report its proposed projects the project to the building commission. The report shall be made on such date and in such manner as the building commission prescribes. This subsection does not apply to projects identified in sub. (10) (c).

AB40, s. 46 Section 46. 13.48 (6) of the statutes is amended to read:

AB40,57,5 13.48 (6) Review of projects. All reports submitted as provided by sub. (4) shall be reviewed by the building commission, which shall make its report as soon after November 20 as is possible. Such report shall include specific recommendations and establish priorities for the next 3 biennia from among all projects submitted which the building commission deems essential and shall recommend additional appropriations if necessary for the execution thereof. The building commission shall include in the report any projects proposed by the state fair park board involving a cost of not more than $250,000, together with the method of financing proposed for those projects by the board, without recommendation. The building commission shall include in its report an appraisal and recommendation of available and alternative methods of financing buildings for the use of state agencies and the University of Wisconsin–Madison and shall file copies of its report with the governor-elect.

AB40, s. 47 Section 47. 13.48 (10) (a) of the statutes is amended to read:

AB40,57,19 13.48 (10) (a) No Except as provided in par. (c), no state board, agency, officer, department, commission, or body corporate, including the University of Wisconsin–Madison, may enter into a contract for the construction, reconstruction, remodeling of, or addition to any building, structure, or facility, in connection with any building project which involves a cost in excess of $150,000 without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. The building commission may not approve a contract for the construction, reconstruction, renovation or remodeling of or an addition to a state building as defined in s. 44.51 (2) unless it determines that s. 44.57 has been complied with or does not apply. This section applies to the department of transportation only in respect to buildings, structures, and facilities to be used for administrative or operating functions, including buildings, land, and equipment to be used for the motor vehicle emission inspection and maintenance program under s. 110.20.

AB40, s. 48 Section 48. 13.48 (10) (c) of the statutes is created to read:

AB40,57,24 13.48 (10) (c) Paragraph (a) does not apply to any contract for a building project involving a cost of not more than $500,000 to be constructed for the University of Wisconsin–Madison that is funded entirely from sources other than general purpose revenue or general fund supported borrowing.

AB40, s. 49 Section 49. 13.48 (12) (b) 6. of the statutes is created to read:

AB40,58,2 13.48 (12) (b) 6. A facility constructed by or for the University of Wisconsin–Madison.

AB40, s. 50 Section 50. 13.48 (13) (a) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,58,17 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department, the University of Wisconsin-Madison, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

AB40, s. 51 Section 51. 13.48 (15) of the statutes is amended to read:

AB40,58,22 13.48 (15) Acquisition of leasehold interests. Subject to the requirements of s. 20.924 (1) (i), the building commission shall have the authority to acquire leasehold interests in land and buildings where such authority is not otherwise provided to an agency or the University of Wisconsin–Madison by law.

AB40, s. 52 Section 52. 13.48 (19) of the statutes is amended to read:

AB40,59,9 13.48 (19) Alternatives to state construction. Whenever the building commission determines that the use of innovative types of design and construction processes will make better use of the resources and technology available in the building industry, the building commission may waive any or all of s. 16.855 if such action is in the best interest of the state or the University of Wisconsin–Madison and if the waiver is accomplished through formal action of the building commission. The building commission may authorize the lease, lease purchase or acquisition of such state facilities constructed in the manner authorized by the building commission. Subject to the requirements of s. 20.924 (1) (i), the building commission may also authorize the lease, lease purchase or acquisition of existing facilities in lieu of state construction of any project enumerated in the authorized state building program.

AB40, s. 53 Section 53. 13.48 (25) of the statutes is amended to read:

AB40,59,22 13.48 (25) Wisconsin initiative for state technology and applied research. There is created a program, to be known as the Wisconsin initiative for state technology and applied research, for the purpose of providing financial support to maintain the ability of the University of Wisconsin–Madison and the University of Wisconsin System and other state agencies, as defined in s. 20.001 (1), to attract federal and private research funds which enable the state to engage in high-technology endeavors, which expand the state's economy and which influence the ability of the state and nation to compete in an increasingly complex world. To carry out the program, the building commission may authorize new construction projects and projects to repair and renovate existing research facilities and supporting systems. Projects shall be financed from the appropriation under s. 20.866 (2) (z) or as otherwise provided in the authorized state building program.

AB40, s. 54 Section 54. 13.48 (25t) of the statutes is amended to read:

AB40,60,11 13.48 (25t) Wisbuild initiative. There is created a program, to be known as the "Wisbuild initiative", for the purpose of providing financial support for the maintenance, repair and renovation of state- owned buildings owned by the state and the University of Wisconsin–Madison. Funding may be provided under the initiative for high priority, comprehensive building renovation projects, as well as for the maintenance and repair of the exterior components of buildings and, without limitation because of enumeration, systems such as mechanical, electrical, plumbing and other building systems. Funding may also be provided under the initiative for projects to remove barriers that reduce access to and use of state facilities and University of Wisconsin–Madison facilities by persons with disabilities. The building commission shall allocate available funding for the initiative. Projects funded as a part of the initiative shall be financed from the appropriation under s. 20.866 (2) (z) or as otherwise provided in the authorized state building program.

AB40, s. 55 Section 55. 13.48 (28) (title) of the statutes is amended to read:

AB40,60,14 13.48 (28) (title) State and University of Wisconsin–Madison property leased to the University of Wisconsin Hospitals and Clinics Authority.

AB40, s. 56 Section 56. 13.48 (29) of the statutes is amended to read:

AB40,60,20 13.48 (29) Small projects. Except as otherwise required under s. 16.855 (10m), the building commission may prescribe simplified policies and procedures to be used in lieu of the procedures provided in s. 16.855 for any project that does not require prior approval of the building commission under sub. (10) (a), except projects specified in sub. (10) (c).

AB40, s. 57 Section 57. 13.488 (1) (intro.) of the statutes is amended to read:

AB40,61,6 13.488 (1) (intro.) For the purpose of providing housing for state departments and agencies and the University of Wisconsin–Madison, including housing for state offices anywhere in the state and the completion of the state office building, and all buildings, improvements, facilities or equipment or other capital items required in connection therewith, for the acquisition of lands for future office building development, and to refinance indebtedness previously or hereafter created by a nonprofit-sharing corporation for the purpose of providing a state office building or buildings or additions or improvements thereto which are located on land owned by the state or by the nonprofit-sharing corporation, or for any one or more of said purposes, the building commission shall have the following powers and duties:

AB40, s. 58 Section 58. 13.488 (5) of the statutes is amended to read:

AB40,61,13 13.488 (5) Unless the context requires otherwise, the terms "building", "new buildings" and "existing buildings", as used in this section, include all buildings, structures, improvements, facilities, equipment or other capital items as the building commission determines to be necessary or desirable for the purpose of providing housing for state departments and, agencies, and the University of Wisconsin–Madison.

AB40, s. 59 Section 59. 13.489 (1m) (f) of the statutes is created to read:

AB40,61,16 13.489 (1m) (f) This subsection does not apply to major highway projects described in s. 84.013 (1) (a) 2m.

AB40, s. 60 Section 60. 13.489 (4) (d) of the statutes is created to read:

AB40,61,19 13.489 (4) (d) This subsection does not apply to major highway projects described in s. 84.013 (1) (a) 2m.

AB40, s. 61 Section 61. 13.489 (4m) of the statutes is created to read:

AB40,62,2 13.489 (4m) Review of high-cost major highway projects. (a) Notwithstanding sub. (4), for any major highway project described in s. 84.013 (1) (a) 2m., the department of transportation shall submit a report to the commission, prior to construction of the project, which report may request the commission's approval to proceed with the project. The department may submit this request at any time following completion by the department of a draft environmental impact statement or environmental assessment for the project.

AB40,62,13 (b) After receiving a request under par. (a) for approval to proceed with a major highway project described in s. 84.013, if the chairperson of the commission does not notify the department of transportation within 14 working days after the date on which the department submits the request under par. (a) that the commission has scheduled a meeting for the purpose of reviewing the request, the request is considered approved and the department may proceed with the project. If, within 14 working days after the date on which the department submits the request, the chairperson of the commission notifies the department that the commission has scheduled a meeting for the purpose of reviewing the request, the department may implement the request only as approved by the commission, including approval after modification by the commission.

AB40,62,16 (c) The department of transportation may not proceed with construction of a major highway project described in s. 84.013 (1) (a) 2m. unless the project is approved by the commission as provided in par. (b).

AB40,62,19 (d) The procedures specified in this subsection shall apply to all major highway projects described in s. 84.013 (1) (a) 2m. in lieu of the procedures described in sub. (4).

AB40, s. 62 Section 62. 13.62 (2) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,63,2 13.62 (2) "Agency" means any board, commission, department, office, society, institution of higher education, council, or committee in the state government, or any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 37, 52, 231, 232, 233, 234, 237, 238, or 279, except that the term does not include a council or committee of the legislature.

AB40, s. 63 Section 63. 13.625 (9) of the statutes is amended to read:

AB40,63,8 13.625 (9) This section does not apply to the solicitation, acceptance, or furnishing of anything of pecuniary value by the department of commerce Wisconsin Economic Development Corporation, or to a principal furnishing anything of pecuniary value to the department of commerce Wisconsin Economic Development Corporation, under s. 19.56 (3) (e) or (f) for the activities specified in s. 19.56 (3) (e).

AB40, s. 64 Section 64. 13.94 (1) (intro.) of the statutes is amended to read:

AB40,64,6 13.94 (1) Duties of the bureau. (intro.) The legislative audit bureau shall be responsible for conducting postaudits of the accounts and other financial records of departments to assure that all financial transactions have been made in a legal and proper manner. In connection with such postaudits, the legislative audit bureau shall review the performance and program accomplishments of the department during the fiscal period for which the audit is being conducted to determine whether the department carried out the policy of the legislature and the governor during the period for which the appropriations were made. In performing postaudits under this subsection, the legislative audit bureau shall not examine issues related to academic freedom within the University of Wisconsin–Madison or the University of Wisconsin System. A postaudit shall not examine into or comment upon the content of the various academic programs, including degree requirements, majors, curriculum or courses within the University of Wisconsin–Madison or the University of Wisconsin System, nor shall any such postaudit examine into the manner in which individual faculty members or groups of faculty members conduct their instructional, research or public service activities. This subsection does not preclude the bureau from reviewing the procedures by which decisions are made and priorities set in the University of Wisconsin–Madison or the University of Wisconsin System, or the manner in which such decisions and priorities are implemented within the University of Wisconsin–Madison or the University of Wisconsin System, insofar as such review is not inconsistent with s. 36.09 or 37.03. The legislative audit bureau shall audit the fiscal concerns of the state as required by law. To this end, it shall:

AB40, s. 65 Section 65. 13.94 (1) (dp) of the statutes is created to read:

AB40,64,12 13.94 (1) (dp) In addition to any other audit to be performed under this section relating to veterans homes, perform one or more financial audits of the operation of the Wisconsin Veterans Home at Chippewa Falls by any private entity with which the department of veterans affairs enters into an agreement under s. 45.50 (2m) (c). The audit shall be performed at such time as the governor or legislature directs.

AB40, s. 66 Section 66. 13.94 (1) (mm) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,64,24 13.94 (1) (mm) No later than July 1, 2012, prepare a financial and performance evaluation audit of the economic development programs administered by the department of commerce, the University of Wisconsin System, the department of agriculture, trade and consumer protection, the department of natural resources, the Wisconsin Housing and Economic Development Authority, the Wisconsin Economic Development Corporation, the department of tourism, the technical college system, and the department of transportation. In this paragraph, economic development program has the meaning given in s. 560.001 (1m) 23.167 (1). The legislative audit bureau shall file a copy of the report of the audit under this paragraph with the distributees specified in par. (b).

AB40, s. 67 Section 67. 13.94 (1) (ms) of the statutes is amended to read:

AB40,65,4 13.94 (1) (ms) No later than July 1, 2014, prepare a financial and performance evaluation audit of the economic development tax benefit program under ss. 560.701 to 560.706 238.301 to 238.306. The legislative audit bureau shall file a copy of the report of the audit under this paragraph with the distributees specified in par. (b).

AB40, s. 68 Section 68. 13.94 (1) (n) of the statutes is amended to read:

AB40,65,8 13.94 (1) (n) Provide periodic performance audits of any division of the department of commerce safety and professional services that is responsible for inspections of multifamily housing under s. 101.973 (11).

AB40, s. 69 Section 69. 13.94 (1) (o) of the statutes is created to read:

AB40,65,13 13.94 (1) (o) Annually, by June 30, prepare a financial and performance evaluation audit of at least one program funded by the universal service fund established under s. 25.95. The legislative audit bureau shall file a copy of each audit report under this paragraph with the distributees specified in par. (b).

AB40, s. 70 Section 70. 13.94 (4) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,66,8 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the University of Wisconsin–Madison, the Wisconsin Quality Home Care Authority, the Fox River Navigational System Authority, the Lower Fox River Remediation Authority, and the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation, a professional baseball park district, a local professional football stadium district, a local cultural arts district and a long-term care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

AB40, s. 71 Section 71. 13.95 (intro.) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,66,24 13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin–Madison, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.

AB40, s. 72 Section 72. 14.015 (1) of the statutes is amended to read:

AB40,67,13 14.015 (1) Disability board. There is created a disability board which is attached to the office of the governor under s. 15.03. Where not in conflict with s. 17.025, s. 15.07 applies to the disability board. The disability board shall consist of the governor, the chief justice of the supreme court, the speaker of the assembly, the president of the senate, the minority leader of the assembly, the minority leader of the senate, and the dean of the University of Wisconsin Medical School of Medicine and Public Health. In case of the absence or disability of any of the members to serve for a particular meeting of the board, the lieutenant governor, a justice of the supreme court designated by the chief justice, the deputy speaker of the assembly, the majority leader of the senate, the assistant minority leader of the assembly, the assistant minority leader of the senate, or an associate dean of the University of Wisconsin Medical School of Medicine and Public Health designated by the dean shall serve, respectively, in place of the officers.

AB40, s. 73 Section 73. 14.165 (2) of the statutes is amended to read:

AB40,67,17 14.165 (2) Recommendations. The department of administration, department of commerce safety and professional services, and public service commission shall make recommendations to the governor for awards under sub. (1).

AB40, s. 74 Section 74. 14.57 of the statutes is renumbered 15.105 (25m), and 15.105 (25m) (intro.) and (a), as renumbered, are amended to read:

AB40,67,23 15.105 (25m) Same; attached boards College savings program board. (intro.) There is created a college savings program board that is attached to the office of the state treasurer department of administration under s. 15.03 and that consists of all of the following members:

AB40,67,24 (a) The state treasurer secretary of administration or his or her designee.

AB40, s. 75 Section 75. 14.63 of the statutes is renumbered 16.64, and 16.64 (2) (intro.) and (b), (3) (a), (c) and (d), (5) (b) (intro.), (6) (a) 5. and (b), (7) (a) (intro.), 4. and 5. and (b), (7m) (a) (intro.), (b) and (c), (9), (10) (a) and (b), (12) (title), (a) (intro.) and (b) (intro.) and (13), as renumbered, are amended to read:

AB40,68,6 16.64 (2) Weighted average tuition; tuition unit cost. (intro.) Annually, the state treasurer department and the board jointly shall determine all of the following:

AB40,68,13 (b) The price of a tuition unit, which shall be valid for a period determined jointly by the state treasurer department and the board. The price shall be sufficient to ensure the ability of the state treasurer department to meet his or her its obligations under this section. To the extent possible, the price shall be set so that the value of the tuition unit in the anticipated academic year of its use will be equal to 1% of the weighted average tuition for that academic year plus the costs of administering the program under this section attributable to the unit.

AB40,68,16 (3) (a) An individual, trust, legal guardian, or entity described under 26 USC 529 (e) (1) (C) may enter into a contract with the state treasurer department for the sale of tuition units on behalf of a beneficiary.

AB40,68,17 (c) The state treasurer department may charge a purchaser an enrollment fee.

AB40,68,20 (d) The state treasurer department shall promulgate rules authorizing a person who has entered into a contract under this subsection to change the beneficiary named in the contract.

AB40,68,23 (5) (b) (intro.) Upon request by the beneficiary, the state treasurer department shall pay to the institution or beneficiary, whichever is appropriate, in each semester of attendance the lesser of the following: