AB21: Bill Text

Under current law, most public property is subject to local special assessment. One exception provides that certain state highway or railway property is not subject to local special assessment. This bill specifies that certain state property related to freight rail service is not subject to local special assessment.

Under current law DOT may enter into sponsorship agreements under which DOT displays material associated with the sponsor at locations owned or controlled by DOT for a fee or provision of services. Fees received by DOT under an agreement may be used by DOT for certain specified purposes, including the maintenance and repair of state trunk highways and routine maintenance activities performed under contract with DOT.

Under this bill, the fees received by DOT for the display of material at a passenger railroad station are deposited into the transportation fund.

Other transportation

Under current law, rail transport generally is regulated by the Federal Railroad Administration (FRA). The FRA does not regulate certain public transportation systems that operate along a fixed guideway. This bill creates a transit safety oversight program within DOT, under which DOT may oversee, enforce, investigate, and audit all safety aspects of fixed guideway transit systems.

Under current law, the Building Commission may issue revenue bonds for major highway projects and transportation administrative facilities. DOT may deposit in a special trust fund vehicle registration and titling fee revenues that are pledged for the repayment of these revenue bonds. This bill allows DOT to pledge one-half of motor vehicle fuel tax revenues for the repayment of revenue bonds.

Under current law, DOT administers an elderly and disabled transportation capital assistance program to award grants to qualified private, nonprofit organizations and local public bodies for capital costs related to specialized vehicles and facilities used to provide transportation services to elderly and disabled persons.

This bill changes several of the requirements of the program. Under the bill: 1) the program is not limited to capital costs; 2) the assistance beneficiary category is changed to seniors age 65 or older; 3) DOT need not maintain an annual application cycle; and 4) several statutory requirements that are in addition to federal requirements are eliminated.

This bill transfers administration of the pretrial intoxicated driver intervention grant program from DOT to DHS.

Veterans

Under current law, DVA administers a grant program for a grant of $500,000 to VETransfer, Inc. (VETransfer), an organization that provides training and other assistance to veterans engaged in entrepreneurship. Of those moneys, VETransfer is required to use at least $300,000 to make grants to Wisconsin veterans or their businesses to cover costs associated with the start-up of veteran-owned businesses located in Wisconsin, and VETransfer is authorized to use up to $200,000 to provide entrepreneurial training and related services to Wisconsin veterans. VETransfer must repay to the state any moneys not used by June 30, 2017.

This bill transfers that grant program to the Forward Wisconsin Development Authority.

Under current law, DVA subsistence payments and health care assistance to certain veterans and their dependents and a person may be eligible for those benefits only if the person is a resident of and living in Wisconsin at the time the person applies for the benefits. This bill eliminates that residency requirement for such subsistence payments and health care assistance.

Also under current law, the parent of a veteran may be eligible for admission as a resident in a veterans home in Wisconsin. The bill limits that eligibility to a parent of a person who died while serving in the U.S. armed forces.

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:

AB21,1 Section 1. 1.12 (1) (b) of the statutes is amended to read:

AB21,50,2 1.12 (1) (b) "State agency" means an office, department, agency, institution of higher education, the legislature, a legislative service agency, the courts, a judicial branch agency, an association, society, or other body in state government that is created or authorized to be created by the constitution or by law, for which appropriations are made by law, excluding the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority.

AB21,2 Section 2. 5.15 (1) (c) of the statutes is amended to read:

AB21,50,17 5.15 (1) (c) The wards established by municipal governing bodies in a division ordinance or resolution enacted or adopted under this section shall govern the adjustment of supervisory districts under s. 59.10 (2) (a) and (3) (b) and of aldermanic districts under s. 62.08 (1) for the purpose of local elections beginning on January 1 of the 2nd year commencing after the year of the census until revised under this section on the basis of the results of the next decennial census of population unless adjusted under sub. (2) (f) 4. or 5., (6) (a), or (7), or unless a division is required to effect an act of the legislature redistricting legislative districts under article IV, section 3, of the constitution or redistricting congressional districts. The populations of wards under each decennial ward division shall be determined on the basis of the federal decennial census and any official corrections to the census issued on or before the date of adoption of the division ordinance or resolution to reflect the correct populations of the municipality and the blocks within the municipality on April 1 of the year of the census.

AB21,3 Section 3. 5.15 (2) (f) 5. of the statutes is created to read:

AB21,50,23 5.15 (2) (f) 5. Territory that lies between an actual municipal boundary that existed on April 1 of the year of a federal decennial census and an intersecting municipal boundary that deviates from the actual municipal boundary on that date if the deviating boundary was used by the U.S. bureau of the census to enumerate the population of the municipality in that census.

AB21,4 Section 4. 5.15 (4) (b) of the statutes is amended to read:

AB21,51,8 5.15 (4) (b) Within 5 days after adoption or enactment of an ordinance or resolution under this section or any amendment thereto, the municipal clerk shall transmit one copy of the ordinance or resolution or the amendment to the county clerk of each county in which the municipality is contained, accompanied by the list and map specified in par. (a). If the population of the municipality exceeds 10,000, the municipal clerk shall furnish one copy to the legislative reference bureau at the same time. Each copy shall identify the name of the municipality and the county or counties in which it is located.

AB21,5 Section 5. 5.15 (4) (bg) of the statutes is created to read:

AB21,51,19 5.15 (4) (bg) No later than October 15 of each year following the year of a federal decennial census, each municipal clerk shall file a report with the county clerk of each county in which the municipality is contained confirming the boundaries of the municipality and of all wards in the municipality. The report shall be accompanied by a map of the municipality and a list of the block numbers of which the municipality and each ward within the municipality are comprised. Within 5 days after notice to the municipal clerk of a judgment that has the effect of changing the municipal boundaries, the clerk shall file the same report. Each report filed under this paragraph shall identify the name of the municipality and the county or counties in which it is located.

AB21,6 Section 6. 5.15 (4) (br) of the statutes is created to read:

AB21,52,2 5.15 (4) (br) 1. Except as provided in subd. 2., no later than January 15 and July 15 of each year, the county clerk shall transmit to the legislative technology services bureau a report confirming the boundaries of each municipality, ward, and supervisory district in the county together with a map of the county, in an electronic format approved by the legislative technology services bureau. Each report shall be current to the nearest January 1 or July 1 preceding the date of the report.

AB21,52,7 2. In each year following the year of a federal decennial census, the July report shall instead be transmitted no later than November 1 and shall be current to the date of the report. The November 1 report shall be accompanied by a list of the block numbers of which the county and each municipality and ward within the county are comprised.

AB21,7 Section 7. 5.15 (7) of the statutes is amended to read:

AB21,52,24 5.15 (7) If a new town municipality is created or if part of a town municipality is annexed to a city or village during a decennial period after April 1 of the year of the federal decennial census, the town board governing body of any town municipality to which territory is attached or from which territory is detached, without regard to the time provisions of sub. (1) (b), may, by ordinance or resolution, create new wards or adjust the existing wards in that town municipality to the extent required to reflect the change. If a municipality is consolidated with another municipality during a decennial period after April 1 of the year of the federal decennial census, the governing body of the consolidated municipality, without regard to the time provisions under sub. (1) (b), may, by ordinance or resolution, create new wards or adjust the existing wards of the municipality to the extent required to reflect the change. No ward line adjustment under this subsection may cross the boundary of a congressional, assembly, or supervisory district. The Within 5 days after adoption of the ordinance or resolution, the municipal clerk shall transmit copies of the ordinance or resolution making the adjustment to the county clerk in compliance with sub. (4) (b).

AB21,8 Section 8. 7.33 (1) (c) of the statutes is amended to read:

AB21,53,3 7.33 (1) (c) "State agency" has the meaning given under s. 20.001 (1) and includes an authority created under subch. II of ch. 114 or ch. 36, 231, 232, 233, 234, or 237.

AB21,9 Section 9. 11.36 (1) of the statutes is amended to read:

AB21,53,14 11.36 (1) No person may solicit or receive from any state officer or employee or from any officer or employee of the University of Wisconsin Hospitals and Clinics Authority or the University of Wisconsin System Authority any contribution or service for any political purpose while the officer or employee is engaged in his or her official duties, except that an elected state official may solicit and receive services not constituting a contribution from a state officer or employee or an officer or employee of the University of Wisconsin Hospitals and Clinics Authority or the University of Wisconsin System Authority with respect to a referendum only. Agreement to perform services authorized under this subsection may not be a condition of employment for any such officer or employee.

AB21,10 Section 10. 11.36 (3) of the statutes is amended to read:

AB21,53,20 11.36 (3) Every person who has charge or control in a building, office or room occupied for any purpose by this state, by any political subdivision thereof or by the University of Wisconsin Hospitals and Clinics Authority or the University of Wisconsin System Authority shall prohibit the entry of any person into that building, office or room for the purpose of making or receiving a contribution.

AB21,11 Section 11. 11.36 (4) of the statutes is amended to read:

AB21,54,2 11.36 (4) No person may enter or remain in any building, office or room occupied for any purpose by the state, by any political subdivision thereof or by the University of Wisconsin Hospitals and Clinics Authority or the University of Wisconsin System Authority or send or direct a letter or other notice thereto for the purpose of requesting or collecting a contribution.

AB21,12 Section 12. 13.101 (6) (a) of the statutes is amended to read:

AB21,54,22 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) (4) (a) and (5) (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.

AB21,13 Section 13 . 13.101 (6) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

AB21,55,20 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, or department, or the University of Wisconsin System, or to any other state agency or activity, or to the University of Wisconsin System Authority, 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 (4) (a) and (5) (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.

AB21,14 Section 14. 13.121 (4) of the statutes is amended to read:

AB21,56,5 13.121 (4) Insurance. For the purpose of premium determinations under s. 40.05 (4) and (5) each member of the legislature shall accrue sick leave at a rate equivalent to a percentage of time worked recommended for such positions by the director of the office administrator of the division of state employment relations personnel management in the department of administration and approved by the joint committee on employment relations in the same manner as compensation for such positions is determined under s. 20.923. This percentage of time worked shall be applied to the sick leave accrual rate established under s. 230.35 (2). The approved percentage shall be incorporated into the compensation plan under s. 230.12 (1).

AB21,15 Section 15. 13.123 (1) (a) 1. of the statutes is amended to read:

AB21,56,24 13.123 (1) (a) 1. Any member of the legislature who has signified, by affidavit filed with the department of administration, the necessity of establishing a temporary residence at the state capital for the period of any regular or special legislative session shall be entitled to an allowance for expenses incurred for food and lodging for each day that he or she is in Madison on legislative business, but not including any Saturday or Sunday unless the legislator is in actual attendance on such day at a session of the legislature or a meeting of a standing committee of which the legislator is a member. The amount of the allowance for each biennial session shall be 90% of the per diem rate for travel for federal government business within the city of Madison, as established by the federal general services administration. For the purpose of determining the amount of the allowance, the director of the office administrator of the division of state employment relations personnel management in the department of administration shall certify to the chief clerk of each house the federal per diem rate in effect on December 1, or the first business day thereafter if December 1 is not a business day, in each even-numbered year. Each legislator shall file an affidavit with the chief clerk of his or her house certifying the specific dollar amount within the authorized allowance the member wishes to receive. Such affidavit, when filed, shall remain in effect for the biennial session.

AB21,16 Section 16. 13.172 (1) of the statutes is amended to read:

AB21,57,6 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 in ch. 36, 231, 233, 234, 238 235, or 279.

AB21,17 Section 17. 13.20 (2) of the statutes is amended to read:

AB21,57,19 13.20 (2) Pay ranges; duration of employment. All legislative employees shall be paid in accordance with the compensation and classification plan for employees in the classified civil service within ranges approved by the joint committee on legislative organization. The director of the office of state employment relations administrator of the division of personnel management in the department of administration shall make recommendations concerning a compensation and classification schedule for legislative employees if requested to do so by the joint committee on legislative organization or by the committee on organization of either house. If the joint committee does not approve pay ranges for legislative employees, the committee on organization of either house may approve pay ranges for its employees. Appointments shall be made for the legislative session, unless earlier terminated by the appointing officer.

AB21,18 Section 18. 13.48 (2) (ad) of the statutes is created to read:

AB21,57,23 13.48 (2) (ad) At the first meeting of the building commission following the enactment of the biennial budget act, the commission may take any of the following actions:

AB21,58,4 1. Authorize the department of administration to contract public debt or obligations under subch. II of ch. 18 in an amount not to exceed the amount that the building commission is authorized by the laws of this state to contract. If authorization is granted under this subdivision, the department of administration shall provide periodic reports regarding the contracting of debt or obligations under this subdivision to the commission.

AB21,58,6 2. Release an amount not to exceed the amount of state building trust fund moneys to the department of administration for planning for enumerated projects.

AB21,58,8 3. Authorize the department of administration to issue revenue-obligation refunding obligations under s. 18.60.

AB21,19 Section 19. 13.48 (2) (ah) of the statutes is created to read:

AB21,58,13 13.48 (2) (ah) After the first meeting of the building commission following the enactment of the biennial budget act, the department of administration shall report quarterly to the commission regarding the status of projects under the state building program.

AB21,20 Section 20. 13.48 (2) (ap) of the statutes is created to read:

AB21,58,21 13.48 (2) (ap) After the enactment of the biennial budget act in any biennium, any request for approval from the building commission of a project budget increase or of a substantial change in an enumerated project shall be submitted in writing to the commission. If, within 14 working days after the date of that written request, a majority of the members of the commission do not request that the commission schedule a meeting to review the request under this paragraph, the request is approved.

AB21,21 Section 21. 13.48 (2) (at) of the statutes is created to read:

AB21,59,4 13.48 (2) (at) Any request for an approval required to be made by the building commission, other than a request for approval of a project budget increase or of a substantial change in an enumerated project, shall be submitted in writing to the commission. If, within 14 working days after the date of that written request, a majority of the members of the commission do not request that the commission schedule a meeting to review the request under this paragraph, the request is approved.

AB21,22 Section 22. 13.48 (2) (b) 1m. of the statutes is amended to read:

AB21,59,10 13.48 (2) (b) 1m. The University of Wisconsin System may not accept any gift, grant or bequest of real property with a value in excess of $150,000 or any gift, grant or bequest of a building or structure that is constructed for the benefit of the system or any institution thereof without the approval under par. (at) of the building commission.

AB21,23 Section 23 . 13.48 (2) (b) 1m. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed.

AB21,24 Section 24. 13.48 (2) (b) 2. of the statutes is amended to read:

AB21,59,22 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, 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 under par. (at) 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.

AB21,25 Section 25. 13.48 (2) (d) of the statutes is repealed.

AB21,26 Section 26. 13.48 (2) (e) of the statutes is repealed.

AB21,27 Section 27. 13.48 (2) (f) of the statutes is repealed.

AB21,28 Section 28. 13.48 (2) (g) of the statutes is amended to read:

AB21,60,3 13.48 (2) (g) The building commission shall under par. (at) review assessments on property of the state under s. 66.0703 (6).

AB21,29 Section 29. 13.48 (3) of the statutes is amended to read:

AB21,60,24 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 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 $760,000 $3,000,000 or less 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, 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 or the agency for which the project is constructed to act as its representative in such accounting.

AB21,30 Section 30 . 13.48 (3) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

AB21,61,23 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 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 $3,000,000 or less 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 and the University of Wisconsin System Authority, except a project authorized described 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 or the agency for which the project is constructed to act as its representative in such accounting.

AB21,31 Section 31. 13.48 (4) of the statutes is repealed.

AB21,32 Section 32. 13.48 (6) of the statutes is repealed.

AB21,33 Section 33. 13.48 (7) of the statutes is amended to read:

AB21,62,13 13.48 (7) Biennial recommendations. The building commission shall prepare and formally adopt recommendations for the long-range state building program on a biennial basis. The building commission shall include in its report any projects proposed by the state fair park board involving a cost of not more than $250,000 $760,000, together with the method of financing those projects proposed by the board, without recommendation. Unless a later date is requested by the building commission and approved by the joint committee on finance, the building commission shall, no later than the first Tuesday in April of each odd-numbered year, transmit the report prepared by the department of administration under s. 16.40 (20) and the commission's recommendations for the succeeding fiscal biennium that require legislative approval to the joint committee on finance in the form of proposed legislation prepared in proper form.

AB21,34 Section 34 . 13.48 (7) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

AB21,63,3 13.48 (7) Biennial recommendations. The building commission shall prepare and formally adopt recommendations for the long-range state building program on a biennial basis, including projects proposed by the University of Wisconsin System Authority. The building commission shall include in its report any projects proposed by the state fair park board involving a cost of not more than $760,000, together with the method of financing those projects proposed by the board, without recommendation. Unless a later date is requested by the building commission and approved by the joint committee on finance, the building commission shall, no later than the first Tuesday in April of each odd-numbered year, transmit the report prepared by the department of administration under s. 16.40 (20) and the commission's recommendations for the succeeding fiscal biennium that require legislative approval to the joint committee on finance in the form of proposed legislation prepared in proper form.