AB40: Bill Text

AB40, s. 798 Section 798. 20.866 (2) (xg) of the statutes is created to read:

AB40,449,14 20.866 (2) (xg) Building commission; refunding tax-supported and self-amortizing general obligation debt before July 1, 2013. From the capital improvement fund, a sum sufficient to refund the whole or any part of any unpaid indebtedness used to finance tax-supported or self-amortizing facilities. The state may contract public debt in an amount not to exceed $364,300,000 for this purpose. Such indebtedness shall be construed to include any premium and interest payable with respect thereto. Debt incurred by this paragraph shall be incurred before July 1, 2013, and shall be repaid under the appropriations providing for the retirement of public debt incurred for tax-supported and self-amortizing facilities in proportional amounts to the purposes for which the debt was refinanced.

AB40, s. 799 Section 799. 20.867 (3) (c) of the statutes is repealed.

AB40, s. 800 Section 800. 20.867 (3) (h) of the statutes is amended to read:

AB40,450,10 20.867 (3) (h) Principal repayment, interest, and rebates. A sum sufficient to guarantee full payment of principal and interest costs for self-amortizing or partially self-amortizing facilities enumerated under ss. 20.190 (1) (j), 20.245 (1) (j), 20.280 (1) (je), (jq), (kd), and (ko), 20.285 (1) (im), (je), (jq), (kd), and (km), and (ko), 20.370 (7) (eq), 20.485 (1) (go), and 20.867 (3) (kd) if moneys available in those appropriations are insufficient to make full payment, to make full payment of the amounts determined by the building commission under s. 13.488 (1) (m) if the appropriation under s. 20.190 (1) (j), 20.245 (1) (j), 20.285 (1) (im), (je), (jq), (kd), (km), or (ko), 20.485 (1) (g), or 20.867 (3) (kd) is insufficient to make full payment of those amounts, and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a). All amounts advanced under the authority of this paragraph shall be repaid to the general fund whenever the balance of the appropriation for which the advance was made is sufficient to meet any portion of the amount advanced. The department of administration may take whatever action is deemed necessary including the making of transfers from program revenue appropriations and corresponding appropriations from program receipts in segregated funds and including actions to enforce contractual obligations that will result in additional program revenue for the state, to ensure recovery of the amounts advanced.

AB40, s. 801 Section 801. 20.867 (3) (k) of the statutes is amended to read:

AB40,450,16 20.867 (3) (k) Interest rebates on obligation proceeds; program revenues. All moneys transferred from the appropriations under pars. (g) and (i) and ss. 20.190 (1) (j), 20.245 (1) (j), 20.280 (1) (kd), 20.285 (1) (kd), 20.410 (1) (ko) and 20.505 (5) (g) and (kc) to make the payments determined by the building commission under s. 13.488 (1) (m) on the proceeds of obligations specified in those paragraphs.

AB40, s. 802 Section 802. 20.901 (3m) of the statutes is created to read:

AB40,450,19 20.901 (3m) University of Wisconsin-Madison. In subs. (1) to (3), "state agency" includes the University of Wisconsin-Madison.

AB40, s. 803 Section 803. 20.901 (4) of the statutes is amended to read:

AB40,451,6 20.901 (4) Educational inter-system cooperation. The board of regents Board of Regents of the University of Wisconsin System, the Board of Trustees of the University of Wisconsin-Madison, and the technical college system board shall establish arrangements for joint use of facilities and joint staffing of programs operated by either system any of the entities, in such ways as to make their educational and public services programs as fully and economically available to the citizens of the state as possible. Such arrangements may include, but are not limited to, inter-system inter-entity rental agreements, contracts for services provided by one system entity in support of programs of the other system another, joint management of facilities and programs at specific locations, joint enrollment of students, and joint employment of staff.

AB40, s. 804 Section 804. 20.916 (3) of the statutes is amended to read:

AB40,451,20 20.916 (3) Furnishing of group transportation to place of work. The department of health services, the department of corrections, and the department of natural resources may, with the approval of the governor and the department of administration, provide group transportation, in the absence of convenient and public scheduled transportation, for employees to and from the Mendota and Winnebago mental health institutes and the centers for the developmentally disabled in the case of employees of the department of health services, to the Ethan Allen School, the Taycheedah Correctional Institution, and the Fox Lake Correctional Institution in the case of employees of the department of corrections, and to and from its temporary branch offices located at the Nevin Fish Hatchery grounds in the case of employees of the department of natural resources. Any employee, if injured while being so transported, shall be considered to have been in the course of his or her employment.

AB40, s. 805 Section 805. 20.923 (4) (intro.) of the statutes is amended to read:

AB40,452,19 20.923 (4) State agency positions. (intro.) State agency heads, the administrator of the division of merit recruitment and selection in the office of state employment relations and commission chairpersons and members shall be identified and limited in number in accordance with the standardized nomenclature contained in this subsection, and shall be assigned to the executive salary groups listed in pars. (a) to (h). Except for positions specified in par. pars. (c) 3m. and (g) 1e. and sub. (12), all unclassified division administrator positions enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint committee on employment relations, by the director of the office of state employment relations to one of 10 executive salary groups. The joint committee on employment relations, by majority vote of the full committee, may amend recommendations for initial position assignments and changes in assignments to the executive salary groups submitted by the director of the office of state employment relations. All division administrator assignments and amendments to assignments of administrator positions approved by the committee shall become part of the compensation plan. Whenever a new unclassified division administrator position is created, the appointing authority may set the salary for the position until the joint committee on employment relations approves assignment of the position to an executive salary group. If the committee approves assignment of the position to an executive salary group having a salary range minimum or maximum inconsistent with the salary paid to the incumbent at the time of such approval, the incumbent's salary shall be adjusted by the appointing authority to conform with the committee's action, effective on the date of that action. Positions are assigned as follows:

AB40, s. 806 Section 806. 20.923 (4) (b) 6. of the statutes is amended to read:

AB40,452,21 20.923 (4) (b) 6. Earned release review Parole commission: chairperson.

AB40, s. 807 Section 807. 20.923 (4) (c) 2. of the statutes is created to read:

AB40,452,24 20.923 (4) (c) 2. Administration, department of; office of business development: director.

AB40, s. 808 Section 808. 20.923 (4) (f) 8m. of the statutes is amended to read:

AB40,453,2 20.923 (4) (f) 8m. Regulation and licensing Safety and professional services, department of: secretary.

AB40, s. 809 Section 809. 20.923 (4) (g) 1e. of the statutes is created to read:

AB40,453,5 20.923 (4) (g) 1e. Administration, department of: administrator of any division having responsibility for information technology management.

AB40, s. 810 Section 810. 20.923 (4g) (c) of the statutes is repealed.

AB40, s. 811 Section 811. 20.923 (4g) (e) of the statutes is repealed.

AB40, s. 812 Section 812. 20.923 (6) (am) of the statutes is amended to read:

AB40,453,10 20.923 (6) (am) Each elective executive officer, except the secretary of state and the state treasurer: a stenographer.

AB40, s. 813 Section 813. 20.923 (6) (m) of the statutes is amended to read:

AB40,453,17 20.923 (6) (m) University of Wisconsin System: deans, principals, professors, instructors, research assistants, librarians and other teachers, as defined in s. 40.02 (55), the staff of the environmental education board, and instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm) (b) 1. e.

AB40, s. 814 Section 814. 20.923 (8) of the statutes is amended to read:

AB40,454,2 20.923 (8) Deputies. Salaries for deputies appointed pursuant to ss. 13.94 (3) (b), 15.04 (2) and 551.601 (1) shall be set by the appointing authority. The salary shall not exceed the maximum of the salary range one range below the salary range of the executive salary group to which the department or agency head is assigned. The positions of assistant secretary of state, assistant state treasurer and associate director of the historical society shall be treated as unclassified deputies for pay purposes under this subsection. The salary of the deputy director of the office of business development in the department of administration is assigned to executive salary group 2.

AB40, s. 815 Section 815. 20.923 (12) (title) of the statutes is amended to read:

AB40,454,5 20.923 (12) (title) Other department of regulation and licensing safety and professional services positions.

AB40, s. 816 Section 816. 20.924 (1) (d) of the statutes is amended to read:

AB40,454,14 20.924 (1) (d) Shall exercise considered judgment in supervising the implementation of the state building program, and may authorize limited changes in the project program, and in the project budget if the commission determines that unanticipated program conditions or bidding conditions require the change to effectively and economically construct the project. However, total state and University of Wisconsin-Madison funds for major projects under the authorized state building program for each agency and for the University of Wisconsin-Madison shall not be exceeded.

AB40, s. 817 Section 817. 20.924 (1) (j) of the statutes is amended to read:

AB40,454,23 20.924 (1) (j) Shall not enter into any lease or other contract that provides for the construction of any building, structure, or facility, or portion thereof, for initial occupancy by the state or the University of Wisconsin-Madison and that contains an option for the state or the University of Wisconsin-Madison to purchase the building, structure, or facility unless the seller or lessor agrees that all equipment to be installed as a component of the building, structure, or facility that relates to any function that consumes energy meets applicable requirements for state building projects under s. 16.855 (10s) (a).

AB40, s. 818 Section 818. 23.09 (3) (b) of the statutes is amended to read:

AB40,455,6 23.09 (3) (b) If the department and the board of regents Board of Trustees of the University of Wisconsin System Wisconsin-Madison enter into an agreement to create a faculty position at the University of Wisconsin-Madison for a forest landscape ecologist, the department and the University of Wisconsin-Madison shall develop an annual work plan for the ecologist. In developing the annual work plan, the department shall consult with the council on forestry.

AB40, s. 819 Section 819. 23.09 (10) of the statutes is amended to read:

AB40,455,18 23.09 (10) Conservation easements and rights in property. Confirming all the powers hereinabove granted to the department and in furtherance thereof, the department, subject to the limitations under s. 23.0917 (8m), may acquire any and all easements in the furtherance of public rights, including the right of access and use of lands and waters for hunting and fishing and the enjoyment of scenic beauty, together with the right to acquire all negative easements, restrictive covenants, covenants running with the land, and all rights for use of property of any nature whatsoever, however denominated, which may be lawfully acquired for the benefit of the public. The department also may grant leases and easements to properties and other lands under its management and control under such covenants as will preserve and protect such properties and lands for the purposes for which they were acquired.

AB40, s. 820 Section 820. 23.09 (19) (cg) of the statutes is amended to read:

AB40,455,23 23.09 (19) (cg) The Subject to the limitations under s. 23.0917 (8m), the department may award grants from the appropriation under s. 20.866 (2) (ta) for the acquisition of land or rights in land for urban green space under this subsection only for the purposes of nature-based outdoor recreation.

AB40, s. 821 Section 821. 23.09 (20) (am) of the statutes is amended to read:

AB40,456,10 23.09 (20) (am) Any governmental unit may apply for state aids for the acquisition and development of recreational lands and rights in lands. State aids under this subsection that are expended from the appropriation under s. 20.866 (2) (ta) may only be used for nature-based outdoor recreation. Acquisition of land or rights in land using state aids awarded under this subsection are subject to the limitations under s. 23.0917 (8m). State aids received by a municipality shall be used for the development of its park system in accordance with priorities based on comprehensive plans submitted with the application and consistent with the outdoor recreation program under s. 23.30. An application under this subsection shall be made in the manner the department prescribes.

AB40, s. 822 Section 822. 23.09 (20m) (c) of the statutes is created to read:

AB40,456,14 23.09 (20m) (c) Beginning with fiscal year 2011-12, the department may not obligate any moneys from the appropriation under s. 20.866 (2) (ta) for grants under this subsection.

AB40, s. 823 Section 823. 23.0916 (1) (am) of the statutes is created to read:

AB40,456,19 23.0916 (1) (am) "Local governmental unit" means a city, a village, a town, a county, a special purpose district in this state, an agency or corporation of a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

AB40, s. 824 Section 824. 23.0916 (1) (bg) of the statutes is created to read:

AB40,456,21 23.0916 (1) (bg) "State agency" has the meaning given in s. 16.004 (12) (a).

AB40, s. 825 Section 825. 23.0916 (2) (a) of the statutes is amended to read:

AB40,457,2 23.0916 (2) (a) Earlier acquisitions. Except as provided in par. (b) and sub. (4), any person receiving a stewardship grant on or after October 27, 2007 , and before the effective date of this paragraph .... [LRB inserts date], that will be used to acquire land in fee simple or to acquire an easement on former managed forest land shall permit public access to the land for nature-based outdoor activities.

AB40, s. 826 Section 826. 23.0916 (2) (am) of the statutes is created to read:

AB40,457,8 23.0916 (2) (am) Later acquisitions. Except as provided in par. (b) or (c) and sub. (4), any person receiving a stewardship grant on or after the effective date of this paragraph .... [LRB inserts date], that will be used to acquire land in fee simple or to acquire an easement on former managed forest land shall permit public access to the land for nature-based outdoor activities.

AB40, s. 827 Section 827. 23.0916 (2) (b) (intro.) of the statutes is amended to read:

AB40,457,14 23.0916 (2) (b) Authority to prohibit access; earlier acquisitions; trails. (intro.) The Except as provided in par. (c), the person receiving the a stewardship grant subject to par. (a) or (am) may prohibit public access for one or more nature-based outdoor activities, only if the natural resources board determines that it is necessary to do so in order to do any of the following:

AB40, s. 828 Section 828. 23.0916 (2) (c) of the statutes is created to read:

AB40,457,20 23.0916 (2) (c) Authority to prohibit access; later acquisitions. For acquisitions of land or easements that are not for state trails or the ice age trail the person receiving a stewardship grant subject to par. (am) may prohibit public access for one or more nature-based outdoor activities only if the natural resources board determines that it is necessary to do so in order to do any of the following:

AB40,457,21 1. Protect public safety.

AB40,457,22 2. Protect a unique animal or plant community.

AB40, s. 829 Section 829. 23.0916 (3) (a) (title) of the statutes is created to read:

AB40,457,24 23.0916 (3) (a) (title) All acquisitions.

AB40, s. 830 Section 830. 23.0916 (3) (b) (intro.), 1., 2., and 3. of the statutes are consolidated, renumbered 23.0916 (3) (b) and amended to read:

AB40,458,14 23.0916 (3) (b) Authority to prohibit access; earlier acquisitions; trails. The department may prohibit public access on land or an easement subject to par. (a) for one or more nature-based outdoor activities if the natural resources board determines that it is necessary to do so in order to do any of the following: 1. Protect protect public safety. 2. Protect, protect a unique animal or plant community. 3. Accommodate, or accommodate usership patterns, as defined by rule by the department. This paragraph applies to all acquisitions of land in fee simple and easements on former managed forest land that occur on former managed forest land before the effective date of this paragraph .... [LRB inserts date], and to the acquisition of easements on former managed forest land for state trails and the ice age trail that occur on or after the effective date of this paragraph .... [LRB inserts date].

AB40, s. 831 Section 831. 23.0916 (3) (c) of the statutes is created to read:

AB40,458,23 23.0916 (3) (c) Authority to prohibit access; later acquisitions. The department may prohibit public access on land or an easement subject to par. (a) for one or more nature-based outdoor activities only if the natural resources board determines that it is necessary to do so to protect public safety or to protect a unique animal or plant community. This paragraph applies to acquisitions of land in fee simple and easements on former managed forest land for purposes other than for state trails and the ice age trail that occur on or after the effective date of this paragraph .... [LRB inserts date].

AB40, s. 832 Section 832. 23.0916 (4) of the statutes is amended to read:

AB40,459,3 23.0916 (4) Fish and game refuges. The department or an owner of land that is in a fish or game refuge and that is subject to sub. (2) (a) or (am) or (3) (a) may prohibit hunting, fishing, or trapping, or any combination thereof.

AB40, s. 833 Section 833. 23.0916 (5) (a) of the statutes is amended to read:

AB40,459,8 23.0916 (5) (a) Provisions relating to public access for nature-based outdoor activities for all lands other than those subject to sub. (2) (a) or (am) or (3) (a) that are acquired in whole or in part with funding from the stewardship programs under ss. 23.0915 and 23.0917.

AB40, s. 834 Section 834. 23.0916 (5) (b) of the statutes is amended to read:

AB40,459,11 23.0916 (5) (b) A process for the review of determinations made under subs. (2) (b) or (c) and (3) (b) or (c).

AB40, s. 835 Section 835. 23.0917 (1) (cm) of the statutes is created to read:

AB40,459,16 23.0917 (1) (cm) "Forestry easement" means a conservation easement that includes all of the development rights in the land and that imposes an obligation on the owner of the land to ensure that the land is managed using sustainable forestry practices to produce forest products.

AB40, s. 836 Section 836. 23.0917 (4) (b) 3. of the statutes is amended to read:

AB40,459,20 23.0917 (4) (b) 3. Grants for acquisition of property development rights under ss. 23.09 (20m) and 23.096. Beginning with fiscal year 2011-12, the department may not obligate moneys for such grants.

AB40, s. 837 Section 837. 23.0917 (5t) of the statutes is created to read:

AB40,460,7 23.0917 (5t) Local governmental resolutions. Each city, village, town, or county shall adopt a nonbinding resolution that supports or opposes the proposed acquisition of land to be funded by moneys obligated from the appropriation under s. 20.866 (2) (ta) if all or a portion of the land is located in the city, village, town, or county. The department shall provide written notification to each city, village, town, or county that is required to adopt a resolution. Within 30 days after receiving the notification, the city, village, town, or county shall adopt the resolution and shall provide the department with a copy of the resolution. If the department receives the copy within this time period, the department may not approve or deny the proposed acquisition until it takes the resolution into consideration. This paragraph does not apply to proposed acquisitions of forestry easements.

AB40, s. 838 Section 838. 23.0917 (6m) (c) of the statutes is amended to read:

AB40,460,11 23.0917 (6m) (c) The procedures under pars. (a) and (b) apply only to an amount for a project or activity that exceeds $750,000 $250,000, except as provided in pars. (d) and (dm).

AB40, s. 839 Section 839. 23.0917 (6m) (dm) (intro.) of the statutes is amended to read:

AB40,460,15 23.0917 (6m) (dm) (intro.) The procedures under pars. (a) and (b) apply to an amount for a project or activity that is less than or equal to $750,000 $250,000 if all of the following apply:

AB40, s. 840 Section 840. 23.0917 (6m) (dm) 1. of the statutes is amended to read:

AB40,460,21 23.0917 (6m) (dm) 1. The project or activity is so closely related to one or more other department projects or activities for which the department has proposed to obligate or has obligated moneys under s. 20.866 (2) (ta) that the projects or activities, if combined, would constitute a larger project or activity that exceeds $750,000 $250,000.

AB40, s. 841 Section 841. 23.0917 (7) (b) of the statutes is amended to read:

AB40,460,25 23.0917 (7) (b) For land that has been owned by the current owner for less than one year, the acquisition costs of the land shall equal the current fair market value of the land or the current owner's acquisition price, whichever is lower.

AB40, s. 842 Section 842. 23.0917 (7) (c) of the statutes is renumbered 23.0917 (7) (c) (intro.) and amended to read:

AB40,461,5 23.0917 (7) (c) (intro.) For land that has been owned by the current owner for one year or more but for less than 3 years, the acquisition costs of the land shall equal the lower of the following: