AB40, s. 51
18Section
51. 13.48 (15) of the statutes is amended to read:
AB40,58,2219
13.48
(15) Acquisition of leasehold interests. Subject to the requirements
20of s. 20.924 (1) (i), the building commission shall have the authority to acquire
21leasehold interests in land and buildings where such authority is not otherwise
22provided to an agency
or the University of Wisconsin–Madison by law.
AB40, s. 52
23Section
52. 13.48 (19) of the statutes is amended to read:
AB40,59,924
13.48
(19) Alternatives to state construction. Whenever the building
25commission determines that the use of innovative types of design and construction
1processes will make better use of the resources and technology available in the
2building industry, the building commission may waive any or all of s. 16.855 if such
3action is in the best interest of the state
or the University of Wisconsin–Madison and
4if the waiver is accomplished through formal action of the building commission. The
5building commission may authorize the lease, lease purchase or acquisition of
such
6state facilities constructed in the manner authorized by the building commission.
7Subject to the requirements of s. 20.924 (1) (i), the building commission may also
8authorize the lease, lease purchase or acquisition of existing facilities in lieu of
state
9construction of any project enumerated in the authorized state building program.
AB40, s. 53
10Section
53. 13.48 (25) of the statutes is amended to read:
AB40,59,2211
13.48
(25) Wisconsin initiative for state technology and applied research. 12There is created a program, to be known as the Wisconsin initiative for state
13technology and applied research, for the purpose of providing financial support to
14maintain the ability of
the University of Wisconsin–Madison and the University of
15Wisconsin System and other state agencies, as defined in s. 20.001 (1), to attract
16federal and private research funds which enable the state to engage in
17high-technology endeavors, which expand the state's economy and which influence
18the ability of the state and nation to compete in an increasingly complex world. To
19carry out the program, the building commission may authorize new construction
20projects and projects to repair and renovate existing research facilities and
21supporting systems. Projects shall be financed from the appropriation under s.
2220.866 (2) (z) or as otherwise provided in the authorized state building program.
AB40, s. 54
23Section
54. 13.48 (25t) of the statutes is amended to read:
AB40,60,1124
13.48
(25t) Wisbuild initiative. There is created a program, to be known as the
25"Wisbuild initiative", for the purpose of providing financial support for the
1maintenance, repair and renovation of
state-
owned buildings
owned by the state
2and the University of Wisconsin–Madison. Funding may be provided under the
3initiative for high priority, comprehensive building renovation projects, as well as for
4the maintenance and repair of the exterior components of buildings and, without
5limitation because of enumeration, systems such as mechanical, electrical, plumbing
6and other building systems. Funding may also be provided under the initiative for
7projects to remove barriers that reduce access to and use of state facilities
and
8University of Wisconsin–Madison facilities by persons with disabilities. The
9building commission shall allocate available funding for the initiative. Projects
10funded as a part of the initiative shall be financed from the appropriation under s.
1120.866 (2) (z) or as otherwise provided in the authorized state building program.
AB40, s. 55
12Section
55. 13.48 (28) (title) of the statutes is amended to read:
AB40,60,1413
13.48
(28) (title)
State and University of Wisconsin–Madison property leased
14to the University of Wisconsin Hospitals and Clinics Authority.
AB40, s. 56
15Section
56. 13.48 (29) of the statutes is amended to read:
AB40,60,2016
13.48
(29) Small projects. Except as otherwise required under s. 16.855
17(10m), the building commission may prescribe simplified policies and procedures to
18be used in lieu of the procedures provided in s. 16.855 for any project that does not
19require prior approval of the building commission under sub. (10) (a)
, except projects
20specified in sub. (10) (c).
AB40, s. 57
21Section
57. 13.488 (1) (intro.) of the statutes is amended to read:
AB40,61,622
13.488
(1) (intro.) For the purpose of providing housing for state departments
23and agencies
and the University of Wisconsin–Madison, including housing for state
24offices anywhere in the state and the completion of the state office building, and all
25buildings, improvements, facilities or equipment or other capital items required in
1connection therewith, for the acquisition of lands for future office building
2development, and to refinance indebtedness previously or hereafter created by a
3nonprofit-sharing corporation for the purpose of providing a state office building or
4buildings or additions or improvements thereto which are located on land owned by
5the state or by the nonprofit-sharing corporation, or for any one or more of said
6purposes, the building commission shall have the following powers and duties:
AB40, s. 58
7Section
58. 13.488 (5) of the statutes is amended to read:
AB40,61,138
13.488
(5) Unless the context requires otherwise, the terms "building", "new
9buildings" and "existing buildings", as used in this section, include all buildings,
10structures, improvements, facilities, equipment or other capital items as the
11building commission determines to be necessary or desirable for the purpose of
12providing housing for state departments
and, agencies
, and the University of
13Wisconsin–Madison.
AB40, s. 59
14Section
59. 13.489 (1m) (f) of the statutes is created to read:
AB40,61,1615
13.489
(1m) (f) This subsection does not apply to major highway projects
16described in s. 84.013 (1) (a) 2m.
AB40, s. 60
17Section
60. 13.489 (4) (d) of the statutes is created to read:
AB40,61,1918
13.489
(4) (d) This subsection does not apply to major highway projects
19described in s. 84.013 (1) (a) 2m.
AB40, s. 61
20Section
61. 13.489 (4m) of the statutes is created to read:
AB40,62,221
13.489
(4m) Review of high-cost major highway projects. (a)
22Notwithstanding sub. (4), for any major highway project described in s. 84.013 (1) (a)
232m., the department of transportation shall submit a report to the commission, prior
24to construction of the project, which report may request the commission's approval
25to proceed with the project. The department may submit this request at any time
1following completion by the department of a draft environmental impact statement
2or environmental assessment for the project.
AB40,62,133
(b) After receiving a request under par. (a) for approval to proceed with a major
4highway project described in s. 84.013, if the chairperson of the commission does not
5notify the department of transportation within 14 working days after the date on
6which the department submits the request under par. (a) that the commission has
7scheduled a meeting for the purpose of reviewing the request, the request is
8considered approved and the department may proceed with the project. If, within
914 working days after the date on which the department submits the request, the
10chairperson of the commission notifies the department that the commission has
11scheduled a meeting for the purpose of reviewing the request, the department may
12implement the request only as approved by the commission, including approval after
13modification by the commission.
AB40,62,1614
(c) The department of transportation may not proceed with construction of a
15major highway project described in s. 84.013 (1) (a) 2m. unless the project is approved
16by the commission as provided in par. (b).
AB40,62,1917
(d) The procedures specified in this subsection shall apply to all major highway
18projects described in s. 84.013 (1) (a) 2m. in lieu of the procedures described in sub.
19(4).
AB40,63,222
13.62
(2) "Agency" means any board, commission, department, office, society,
23institution of higher education, council, or committee in the state government, or any
24authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch.
37, 52, 231,
1232, 233, 234, 237, 238, or 279, except that the term does not include a council or
2committee of the legislature.
AB40, s. 63
3Section
63. 13.625 (9) of the statutes is amended to read:
AB40,63,84
13.625
(9) This section does not apply to the solicitation, acceptance, or
5furnishing of anything of pecuniary value by the
department of commerce Wisconsin
6Economic Development Corporation, or to a principal furnishing anything of
7pecuniary value to the
department of commerce Wisconsin Economic Development
8Corporation, under s. 19.56 (3) (e) or (f) for the activities specified in s. 19.56 (3) (e).
AB40, s. 64
9Section
64. 13.94 (1) (intro.) of the statutes is amended to read:
AB40,64,610
13.94
(1) Duties of the bureau. (intro.) The legislative audit bureau shall be
11responsible for conducting postaudits of the accounts and other financial records of
12departments to assure that all financial transactions have been made in a legal and
13proper manner. In connection with such postaudits, the legislative audit bureau
14shall review the performance and program accomplishments of the department
15during the fiscal period for which the audit is being conducted to determine whether
16the department carried out the policy of the legislature and the governor during the
17period for which the appropriations were made. In performing postaudits under this
18subsection, the legislative audit bureau shall not examine issues related to academic
19freedom within the
University of Wisconsin–Madison or the University of Wisconsin
20System. A postaudit shall not examine into or comment upon the content of the
21various academic programs, including degree requirements, majors, curriculum or
22courses within the
University of Wisconsin–Madison or the University of Wisconsin
23System, nor shall any such postaudit examine into the manner in which individual
24faculty members or groups of faculty members conduct their instructional, research
25or public service activities. This subsection does not preclude the bureau from
1reviewing the procedures by which decisions are made and priorities set in the
2University of Wisconsin–Madison or the University of Wisconsin System, or the
3manner in which such decisions and priorities are implemented within the
4University of Wisconsin–Madison or the University of Wisconsin System, insofar as
5such review is not inconsistent with s. 36.09
or 37.03. The legislative audit bureau
6shall audit the fiscal concerns of the state as required by law. To this end, it shall:
AB40, s. 65
7Section
65. 13.94 (1) (dp) of the statutes is created to read:
AB40,64,128
13.94
(1) (dp) In addition to any other audit to be performed under this section
9relating to veterans homes, perform one or more financial audits of the operation of
10the Wisconsin Veterans Home at Chippewa Falls by any private entity with which
11the department of veterans affairs enters into an agreement under s. 45.50 (2m) (c).
12The audit shall be performed at such time as the governor or legislature directs.
AB40,64,2415
13.94
(1) (mm) No later than July 1, 2012, prepare a financial and performance
16evaluation audit of the economic development programs administered by
the
17department of commerce, the University of Wisconsin System, the department of
18agriculture, trade and consumer protection, the department of natural resources, the
19Wisconsin Housing and Economic Development Authority, the Wisconsin Economic
20Development Corporation, the department of tourism, the technical college system,
21and the department of transportation. In this paragraph, economic development
22program has the meaning given in s.
560.001 (1m)
23.167 (1). The legislative audit
23bureau shall file a copy of the report of the audit under this paragraph with the
24distributees specified in par. (b).
AB40, s. 67
25Section
67. 13.94 (1) (ms) of the statutes is amended to read:
AB40,65,4
113.94
(1) (ms) No later than July 1, 2014, prepare a financial and performance
2evaluation audit of the economic development tax benefit program under ss.
560.701
3to 560.706 238.301 to 238.306. The legislative audit bureau shall file a copy of the
4report of the audit under this paragraph with the distributees specified in par. (b).
AB40, s. 68
5Section
68. 13.94 (1) (n) of the statutes is amended to read:
AB40,65,86
13.94
(1) (n) Provide periodic performance audits of any division of the
7department of
commerce safety and professional services that is responsible for
8inspections of multifamily housing under s. 101.973 (11).
AB40, s. 69
9Section
69. 13.94 (1) (o) of the statutes is created to read:
AB40,65,1310
13.94
(1) (o) Annually, by June 30, prepare a financial and performance
11evaluation audit of at least one program funded by the universal service fund
12established under s. 25.95. The legislative audit bureau shall file a copy of each audit
13report under this paragraph with the distributees specified in par. (b).
AB40,66,816
13.94
(4) (a) 1. Every state department, board, examining board, affiliated
17credentialing board, commission, independent agency, council or office in the
18executive branch of state government; all bodies created by the legislature in the
19legislative or judicial branch of state government; any public body corporate and
20politic created by the legislature including specifically
the University of
21Wisconsin–Madison, the Wisconsin Quality Home Care Authority, the Fox River
22Navigational System Authority, the Lower Fox River Remediation Authority, and
23the Wisconsin Aerospace Authority, the Wisconsin Economic Development
24Corporation, a professional baseball park district, a local professional football
25stadium district, a local cultural arts district and a long-term care district under s.
146.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of
2medical assistance under subch. IV of ch. 49; technical college district boards; every
3county department under s. 51.42 or 51.437; every nonprofit corporation or
4cooperative or unincorporated cooperative association to which moneys are
5specifically appropriated by state law; and every corporation, institution, association
6or other organization which receives more than 50% of its annual budget from
7appropriations made by state law, including subgrantee or subcontractor recipients
8of such funds.
AB40,66,24
1113.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
12known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau
13shall be strictly nonpartisan and shall at all times observe the confidential nature
14of the research requests received by it; however, with the prior approval of the
15requester in each instance, the bureau may duplicate the results of its research for
16distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
17designated employees shall at all times, with or without notice, have access to all
18state agencies, the University of Wisconsin Hospitals and Clinics Authority,
the
19University of Wisconsin–Madison, the Wisconsin Aerospace Authority, the Health
20Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
21Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic
22Development Corporation, and the Fox River Navigational System Authority, and to
23any books, records, or other documents maintained by such agencies or authorities
24and relating to their expenditures, revenues, operations, and structure.
AB40, s. 72
25Section
72. 14.015 (1) of the statutes is amended to read:
AB40,67,13
114.015
(1) Disability board. There is created a disability board which is
2attached to the office of the governor under s. 15.03. Where not in conflict with s.
317.025, s. 15.07 applies to the disability board. The disability board shall consist of
4the governor, the chief justice of the supreme court, the speaker of the assembly, the
5president of the senate, the minority leader of the assembly, the minority leader of
6the senate, and the dean of the University of Wisconsin
Medical School
of Medicine
7and Public Health. In case of the absence or disability of any of the members to serve
8for a particular meeting of the board, the lieutenant governor, a justice of the
9supreme court designated by the chief justice, the deputy speaker of the assembly,
10the majority leader of the senate, the assistant minority leader of the assembly, the
11assistant minority leader of the senate, or an associate dean of the University of
12Wisconsin
Medical School
of Medicine and Public Health designated by the dean
13shall serve, respectively, in place of the officers.
AB40, s. 73
14Section
73. 14.165 (2) of the statutes is amended to read:
AB40,67,1715
14.165
(2) Recommendations. The department of administration, department
16of
commerce safety and professional services, and public service commission shall
17make recommendations to the governor for awards under sub. (1).
AB40, s. 74
18Section
74. 14.57 of the statutes is renumbered 15.105 (25m), and 15.105
19(25m) (intro.) and (a), as renumbered, are amended to read:
AB40,67,2320
15.105
(25m) Same; attached boards College savings program board. (intro.)
21There is created a college savings program board that is attached to the
office of the
22state treasurer department of administration under s. 15.03 and that consists of all
23of the following members:
AB40,67,2424
(a) The
state treasurer secretary of administration or his or her designee.
AB40, s. 75
1Section
75. 14.63 of the statutes is renumbered 16.64, and 16.64 (2) (intro.)
2and (b), (3) (a), (c) and (d), (5) (b) (intro.), (6) (a) 5. and (b), (7) (a) (intro.), 4. and 5. and
3(b), (7m) (a) (intro.), (b) and (c), (9), (10) (a) and (b), (12) (title), (a) (intro.) and (b)
4(intro.) and (13), as renumbered, are amended to read:
AB40,68,65
16.64
(2) Weighted average tuition; tuition unit cost. (intro.) Annually, the
6state treasurer department and the board jointly shall determine all of the following:
AB40,68,137
(b) The price of a tuition unit, which shall be valid for a period determined
8jointly by the
state treasurer department and the board. The price shall be sufficient
9to ensure the ability of the
state treasurer department to meet
his or her its 10obligations under this section. To the extent possible, the price shall be set so that
11the value of the tuition unit in the anticipated academic year of its use will be equal
12to 1% of the weighted average tuition for that academic year plus the costs of
13administering the program under this section attributable to the unit.
AB40,68,16
14(3) (a) An individual, trust, legal guardian, or entity described under
26 USC
15529 (e) (1) (C) may enter into a contract with the
state treasurer department for the
16sale of tuition units on behalf of a beneficiary.
AB40,68,1717
(c) The
state treasurer department may charge a purchaser an enrollment fee.
AB40,68,2018
(d) The
state treasurer department shall promulgate rules authorizing a
19person who has entered into a contract under this subsection to change the
20beneficiary named in the contract.
AB40,68,23
21(5) (b) (intro.) Upon request by the beneficiary, the
state treasurer department 22shall pay to the institution or beneficiary, whichever is appropriate, in each semester
23of attendance the lesser of the following:
AB40,68,25
24(6) (a) 5. Other circumstances determined by the
state treasurer department 25to be grounds for termination.
AB40,69,4
1(b) The
state treasurer department may terminate a contract under sub. (3) if
2any of the tuition units purchased under the contract remain unused 10 years after
3the anticipated academic year of the beneficiary's initial enrollment in an institution
4of higher education, as specified in the contract.
AB40,69,6
5(7) (a) (intro.) Except as provided in sub. (7m), the
state treasurer department 6shall do all of the following:
AB40,69,97
4. If a contract is terminated under sub. (6) (a) 5., refund to the person who
8entered into the contract the amount under subd. 2. or under subd. 3., as determined
9by the
state treasurer department.
AB40,69,1510
5. If the beneficiary is awarded a scholarship, tuition waiver or similar subsidy
11that cannot be converted into cash by the beneficiary, refund to the person who
12entered into the contract, upon the person's request, an amount equal to the value
13of the tuition units that are not needed because of the scholarship, waiver or similar
14subsidy and that would otherwise have been paid by the
state treasurer department 15on behalf of the beneficiary during the semester in which the beneficiary is enrolled.
AB40,69,1716
(b) The
state treasurer department shall determine the method and schedule
17for the payment of refunds under this subsection.
AB40,69,21
18(7m) (a) (intro.) The
state treasurer
department may adjust the value of a
19tuition unit based on the actual earnings attributable to the tuition unit less the costs
20of administering the program under this section that are attributable to the tuition
21unit if any of the following applies:
AB40,70,222
(b) The
state treasurer department may not increase the value of a tuition unit
23under par. (a) to an amount that exceeds the value of a tuition unit that was
24purchased at a similar time, held for a similar period and used or refunded in the
1anticipated academic year of the beneficiary's attendance, as specified in the
2contract.
AB40,70,73
(c) The
state treasurer department may promulgate rules imposing or
4increasing penalties for refunds under sub. (7) (a) if the
state treasurer department 5determines that such rules are necessary to maintain the status of the program
6under this section as a qualified state tuition program under section
529 of the
7Internal Revenue Code, as defined in s. 71.01 (6).
AB40,70,12
8(9) Contract with actuary. The
state treasurer department shall contract
9with an actuary or actuarial firm to evaluate annually whether the assets in the
10tuition trust fund are sufficient to meet the obligations of the
state treasurer 11department under this section and to advise the
state treasurer department on
12setting the price of a tuition unit under sub. (2) (b).
AB40,70,18
13(10) (a) Annually, the
state treasurer
department shall submit a report to the
14governor, and to the appropriate standing committees of the legislature under s.
1513.172 (3), on the program under this section. The report shall include any
16recommendations for changes to the program that the
state treasurer department 17determines are necessary to ensure the sufficiency of the tuition trust fund to meet
18the
state treasurer's department's obligations under this section.
AB40,70,2419
(b) The
state treasurer department shall submit a quarterly report to the state
20investment board projecting the future cash flow needs of the tuition trust fund. The
21state investment board shall invest moneys held in the tuition trust fund in
22investments with maturities and liquidity that are appropriate for the needs of the
23fund as reported by the
state treasurer department in
his or her its quarterly reports.
24All income derived from such investments shall be credited to the fund.
AB40,71,2
1(12) (title)
Additional duties and powers of the state treasurer. (a) (intro.)
2The
state treasurer department shall do all of the following:
AB40,71,33
(b) (intro.) The
state treasurer department may do any of the following:
AB40,71,7
4(13) Program termination. If the
state treasurer department determines that
5the program under this section is financially infeasible, the
state treasurer 6department shall discontinue entering into contracts under sub. (3) and discontinue
7selling tuition units under sub. (4).
AB40, s. 76
8Section
76. 14.64 of the statutes is renumbered 16.641, and 16.641 (2) (g), as
9renumbered, is amended to read:
AB40,71,1310
16.641
(2) (g) Ensure that if the department
of administration changes
11vendors, the balances of college savings accounts are promptly transferred into
12investment instruments as similar to the original investment instruments as
13possible.
AB40, s. 77
14Section
77. 14.65 of the statutes is renumbered 16.642 and amended to read:
AB40,71,23
1516.642 Repayment to the general fund.
(1) The secretary
of
16administration shall transfer from the tuition trust fund, the college savings
17program trust fund, the college savings program bank deposit trust fund, or the
18college savings program credit union deposit trust fund to the general fund an
19amount equal to the amount expended from the appropriations under s. 20.505 (9)
20(a), 1995 stats., s. 20.585 (2) (a), 2001 stats., and s. 20.585 (2) (am), 2001 stats., when
21the secretary
of administration determines that funds in those trust funds are
22sufficient to make the transfer. The secretary
of administration may make the
23transfer in installments.
AB40,72,2
24(2) Annually, by June 1, the
state treasurer secretary shall submit a report to
25the secretary of administration and the joint committee on finance on the amount
1available for repayment under sub. (1), the amount repaid under sub. (1), and the
2outstanding balance under sub. (1).
AB40, s. 78
3Section
78. 14.76 (1m) of the statutes is created to read:
AB40,72,54
14.76
(1m) In this section, "state agency" includes the University of
5Wisconsin–Madison.
AB40, s. 79
6Section
79. 14.85 (2) of the statutes is amended to read:
AB40,72,97
14.85
(2) The
secretary of commerce, the secretary of tourism, the secretary of
8natural resources, the secretary of transportation
, and the director of the historical
9society, or their designees, shall serve as nonvoting members of the commission.
AB40, s. 80
10Section
80. 14.85 (8) (d) of the statutes is amended to read:
AB40,72,2111
14.85
(8) (d)
If permitted by law, any state agency or local public body, board,
12commission or agency may allocate funds under its control to fund programs
13recommended by the commission. If the department of commerce determines that
14a program recommended by the commission to undertake activities relating to the
15promotion of economic development is consistent with the department's statewide
16economic development plans, priorities and resources, the department shall have
17primary responsibility to support the activities of the program. If the department
18of tourism determines that a program recommended by the commission to undertake
19activities relating to the promotion of tourism is consistent with the department's
20statewide tourism marketing plans, priorities
, and resources, the department shall
21have primary responsibility to support the activities of the program.
AB40, s. 81
22Section
81. 14.85 (9) of the statutes is amended to read: