Wisconsin Legislature: 59,8bt

2017 WISCONSIN ACT 59

(Vetoed in Part)

An Act relating to: state finances and appropriations, constituting the executive budget act of the 2017 legislature.

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

59,1c Section 1c. 7.52 (8) of the statutes is amended to read:

7.52 (8) The board of absentee ballot canvassers shall make full and accurate return of the votes cast for each candidate and proposition on the tally sheet forms. Each tally sheet shall record the returns for each office or referendum by ward, unless combined returns are authorized in accordance with s. 5.15 (6) (b), in which case the tally sheet shall record the returns for each group of combined wards. After recording the votes, the board of absentee ballot canvassers shall seal in a carrier envelope outside the ballot bag or container one inspector's statement under sub. (4) (d), one tally sheet, and one poll list for delivery to the county clerk, unless the election relates only to municipal or school district offices or referenda or municipal offices or referenda. The board of absentee ballot canvassers shall also similarly seal one statement, one tally sheet, and one poll list for delivery to the municipal clerk.

59,1d Section 1d. 8.06 of the statutes is amended to read:

8.06 Special elections may be called. Towns, cities, villages, and, subject to ss. 67.05 (6a) (a) 2. and 121.91 (3) (a), school districts, may call special elections for any purpose authorized by law. If an election is called for a special referendum, the election shall be noticed under s. 8.55.

59,1e Section 1e. 13.093 (2) (a) of the statutes is amended to read:

13.093 (2) (a) Any bill making an appropriation, any bill increasing or decreasing existing appropriations or state or general local government fiscal liability or revenues, and any bill that modifies an existing surcharge or creates a new surcharge that is imposed under ch. 814, shall, before any vote is taken thereon by either house of the legislature if the bill is not referred to a standing committee, or before any public hearing is held before any standing committee or, if no public hearing is held, before any vote is taken by the committee, incorporate a reliable estimate of the anticipated change in appropriation authority or state or general local government fiscal liability or revenues under the bill, including to the extent possible a projection of such changes in future biennia. The estimate shall also indicate whether any increased costs incurred by the state under the bill can be mitigated through the use of contractual service contracts let in accordance with competitive procedures. For purposes of this paragraph, a bill increasing or decreasing the liability or revenues of the unemployment reserve fund is considered to increase or decrease state fiscal liability or revenues. Except as otherwise provided by joint rules of the legislature or this paragraph, such estimates shall be made by the department or agency administering the appropriation or fund or collecting the revenue. The legislative council staff shall prepare the fiscal estimate with respect to the provisions of any bill referred to the joint survey committee on retirement systems which create or modify any system for, or make any provision for, the retirement of or payment of pensions to public officers or employees. The director of state courts shall prepare the fiscal estimate with respect to the provisions of any bill that modifies an existing surcharge or creates a new surcharge that is imposed under ch. 814. The executive director of the state prosecutors office shall prepare the fiscal estimate with respect to the provisions of any bill that affects prosecutors or the state prosecutors office, including bills modifying or creating crimes or sentencing practices. When a fiscal estimate is prepared after the bill has been introduced, it shall be printed and distributed as are amendments.

59,1L Section 1L. 13.0967 of the statutes is created to read:

13.0967 Review of bills affecting state prosecutors office. Any bill that is introduced in either house of the legislature that directly affects the state prosecutors office shall have a notation to that effect on its jacket when the jacket is prepared. When a bill that has that notation on the jacket is introduced, the legislative reference bureau shall submit a copy of the bill to the state prosecutors office.

59,2 Section 2 . 13.101 (6) (a) of the statutes is amended to read:

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 percent 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) (2), 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.

59,8bd Section 8bd. 13.48 (33e) of the statutes is created to read:

13.48 (33e) La Crosse Center. (a) The legislature finds and determines that the meetings and conventions and the sports and entertainment industries are of vital importance in creating jobs and contributing to economic development and tourism in this state and are statewide responsibilities of statewide dimension. It is therefore in the public interest, and it is the public policy of this state, to assist the city of La Crosse in the remodeling and expansion of the La Crosse Center.

(b) The building commission may authorize up to $5,000,000 in general fund supported borrowing to assist the city of La Crosse in the remodeling and expansion of the La Crosse Center. The state funding commitment shall be in the form of a grant to the city of La Crosse. Before approving any state funding commitment for the remodeling and expansion of the La Crosse Center, the building commission shall determine that the city of La Crosse has secured additional funding for the project of at least $42,000,000 from nonstate revenue sources.

(c) If the building commission authorizes a grant to the city of La Crosse under par. (b), and if, for any reason, the space that is remodeled and expanded with funds from the grant is not used for meetings and conventions or sports and entertainment, the state shall retain an ownership interest in the remodeled and expanded space equal to the amount of the state's grant.

59,8be Section 8be. 13.48 (33m) of the statutes is created to read:

13.48 (33m) St. Ann Center for Intergenerational Care, Inc.; Bucyrus Campus. (a) The legislature finds and determines that the improvement of the health and well-being of residents of all ages of this state and the promotion of community and economic development are statewide responsibilities of statewide dimension. The legislature further finds and determines that St. Ann Center for Intergenerational Care, Inc., provides vital intergenerational care at its Bucyrus Campus in the city of Milwaukee that includes services for individuals suffering from Alzheimer's disease and dementia, services for individuals with mental and physical disabilities, services for minority and economically disadvantaged children and their families, and services that encourage entrepreneurship and business development. It is therefore in the public interest, and it is the public policy of this state, to assist St. Ann Center for Intergenerational Care, Inc., in the completion of its Bucyrus Campus.

(b) The building commission may authorize up to $5,000,000 in general fund supported borrowing to assist St. Ann Center for Intergenerational Care, Inc., in the completion of its Bucyrus Campus. The state funding commitment shall be in the form of a grant to St. Ann Center for Intergenerational Care, Inc. Before approving any state funding commitment for completion of the Bucyrus Campus, the building commission shall determine that St. Ann Center for Intergenerational Care, Inc., has secured additional funding for the project of at least $20,268,200 from nonstate revenue sources.

(c) If the building commission authorizes a grant to St. Ann Center for Intergenerational Care, Inc., under par. (b), and if, for any reason, the Bucyrus Campus is not used for the provision of intergenerational care, the state shall retain an ownership interest in the Bucyrus Campus equal to the amount of the state's grant.

59,8bm Section 8bm. 13.48 (33s) of the statutes is created to read:

13.48 (33s) Brown County innovation center. (a) The legislature finds and determines that meeting manufacturing workforce needs and supporting innovation and entrepreneurship in the manufacturing industry in this state are of vital importance in expanding the manufacturing industry in this state, creating jobs, and improving the municipal, regional, and state economies and are statewide responsibilities of statewide dimension. It is therefore in the public interest, and it is the public policy of this state, to assist Brown County in the construction of a science, technology, engineering, and mathematics innovation center located on or adjacent to the University of Wisconsin - Green Bay campus.

(b) The building commission may authorize up to $5,000,000 in general fund supported borrowing to assist Brown County in the construction of a science, technology, engineering, and mathematics innovation center located on or adjacent to the University of Wisconsin - Green Bay campus. The state funding commitment shall be in the form of a grant to Brown County. Before approving any state funding commitment for the construction of the innovation center, the building commission shall determine that Brown County has secured additional funding for the project of at least $10,000,000 from nonstate revenue sources.

(c) If the building commission authorizes a grant to Brown County under par. (b), and if, for any reason, the center that is constructed with funds from the grant is not used as a science, technology, engineering, and mathematics innovation center, the state shall retain an ownership interest in the center equal to the amount of the state's grant.

59,8bt Section 8bt. 13.489 (1g) of the statutes is renumbered 13.489 (1g) (a) and amended to read:

13.489 (1g) (a) There is created a transportation projects commission consisting.

(b) The commission consists of the governor, 3 2 citizen members appointed by the governor to serve at his or her pleasure, and 5 3 senators and 5 3 representatives to the assembly appointed as are the members of standing committees in their respective houses, and 4 citizen members, one appointed by each the senate majority leader, the senate minority leader, the speaker of the assembly, and the assembly minority leader. Of the members from each house, 3 shall be chosen from the majority party and 2 shall be chosen from the minority party the senate and the assembly, 2 shall be appointed by each the speaker of the assembly and the senate majority leader and one shall be appointed by each the assembly minority leader and senate minority leader. The governor shall appoint the secretary of transportation shall serve or the secretary of administration as a nonvoting member.

(d) Citizen members of the commission shall be reimbursed for their actual and necessary expenses incurred as members of the commission from the appropriation under s. 20.395 (4) (aq).

59,8c Section 8c. 13.489 (1i) of the statutes is created to read:

13.489 (1i) Staff. (a) The commission shall appoint a director and submit the appointment to the senate for confirmation. The director may serve prior to senate confirmation. The commission shall make the initial appointment of a director under this paragraph no later than January 12, 2018.

(b) The director shall appoint staff necessary for performing the duties of the commission. Staff appointed under this paragraph shall include an engineer, legal counsel, and a financial auditor. Staff appointed under this paragraph report to and serve at the pleasure of the director.

59,8d Section 8d. 13.489 (2) of the statutes is renumbered 13.489 (2) (a).

59,8e Section 8e. 13.489 (2) (b) of the statutes is created to read:

13.489 (2) (b) 1. Annually, the department of transportation shall provide the commission with a list of potential major highway projects and southeast Wisconsin freeway megaprojects that are not yet being considered for an environmental impact statement or an environmental assessment or enumeration under s. 84.013 (3) or approval under s. 84.013 (6) and the estimated cost and scope of each project.

2. In each even-numbered year, the department of transportation shall provide the commission with a list of proposed or planned state highway rehabilitation projects and southeast Wisconsin freeway megaprojects, the estimated cost and scope of each project, and the location of each project.

59,8f Section 8f. 13.489 (3) of the statutes is renumbered 13.489 (3) (a).

59,8g Section 8g. 13.489 (3) (b) of the statutes is created to read:

13.489 (3) (b) When the department of transportation submits its biennial budget request under s. 16.42, the department shall provide a copy of the request to the commission.

59,8h Section 8h. 13.489 (7) of the statutes is created to read:

13.489 (7) Review of department accounts and records. (a) The commission shall periodically review the records and accounts of the department of transportation.

(b) Annually, the commission shall evaluate the department of transportation based on goals and performance measures established by the commission. Not later than December 31 of each year, the commission shall submit the evaluation to the governor, the joint committee on finance, the standing committees of the legislature with jurisdiction over transportation matters, and the department of transportation.

(c) The director of the commission may periodically enter into a contract for an independent audit of the department of transportation.

59,8i Section 8i. 13.489 (8) of the statutes is created to read:

13.489 (8) Meetings. (a) The commission shall meet at least twice each year.

(b) The commission may hold public meetings.

59,8j Section 8j. 13.489 (9) of the statutes is created to read:

13.489 (9) Deenumeration. In each even-numbered year the commission shall consider recommending the removal of projects that are at least 10 years old from the schedule of enumerated projects.

59,8k Section 8k. 13.489 (10) of the statutes is created to read:

13.489 (10) Commission reports. The commission shall prepare all of the following reports:

(a) A report describing the short-term and long-term impacts of each department of transportation biennial budget request on state and local roads. The commission shall submit the report under this paragraph to the governor and the standing committees of the legislature with jurisdiction over transportation matters no later than 30 days after the department of transportation submits its biennial budget request under s. 16.42.

(b) A report describing the short-term and long-term impacts of the executive budget bill on state and local roads. The commission shall submit the report under this paragraph to the governor and the standing committees of the legislature with jurisdiction over transportation matters no later than 30 days after the executive budget bill is introduced under s. 16.47.

59,8L Section 8L. 13.489 (11) of the statutes is created to read:

13.489 (11) Long-range planning. If the commission issues long-range planning recommendations, the department of transportation, to the extent permitted by state and federal law, shall adopt the recommendations.

59,8m Section 8m. 13.489 (12) of the statutes is created to read:

13.489 (12) Budget request. The commission shall submit a biennial budget request under s. 16.42 for commission operations.

59,8n Section 8n. 13.489 (13) of the statutes is created to read:

13.489 (13) Sunset. Subsections (1g) (b), (1m), (3), (4), (4m), (7), (8), (9), (10), and (11) do not apply after June 30, 2021.

59,8p Section 8p. 13.90 (10) of the statutes is created to read:

13.90 (10) The cochairpersons of the joint committee on legislative organization shall authorize all expenditures from the appropriation under s. 20.765 (4) (b).

59,8s Section 8s. 13.94 (1) (u) of the statutes is created to read:

13.94 (1) (u) Audit the financial records of a commission created under s. 66.0304 and any entity created under s. 66.0304 (4e) at the direction of the joint legislative audit committee.

59,9 Section 9 . 15.01 (2) of the statutes is amended to read:

15.01 (2) “Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the employment relations commission which shall consist of one chairperson, the Wisconsin waterways commission which shall consist of 5 members, the elections commission which shall consist of at least 6 members, the ethics commission which shall consist of at least 6 members, and the parole commission which shall consist of 8 4 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a “commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a “commission", but is not a commission for purposes of s. 15.06.

59,12 Section 12 . 15.06 (1) (bm) of the statutes is created to read:

15.06 (1) (bm) The employment relations commission shall consist of a chairperson, nominated by the governor, and with the advice and consent of the senate appointed, for a 6-year term, except that the term of the first chairperson appointed after the effective date of this paragraph .... [LRB inserts date], expires on March 1, 2023.

59,14 Section 14 . 15.06 (3) (a) 4. of the statutes is repealed.

59,15 Section 15 . 15.06 (3) (c) of the statutes is repealed.

59,17 Section 17 . 15.06 (10) of the statutes is amended to read:

15.06 (10) Compensation. Members A member of the elections commission and members a member of the ethics commission shall receive a per diem of $ 227 for each day they were actually and necessarily engaged in performing their duties a per diem equal to the amount prescribed under s. 753.075 (3) (a) for reserve judges sitting in circuit court on which the member attends or participates by audio or video conference call in a meeting of the member's commission.

59,17m Section 17m. 15.07 (1) (a) 6. of the statutes is created to read:

15.07 (1) (a) 6. Members of the public leadership board appointed under s. 15.915 (7) (d) and (e) shall be appointed by the governor without senate confirmation.

59,17n Section 17n. 15.07 (1) (b) 24. of the statutes is created to read:

15.07 (1) (b) 24. The 6 members of the group insurance board appointed under s. 15.165 (2) (j).

59,22 Section 22 . 15.07 (5) (i) of the statutes is repealed.

59,31 Section 31 . 15.105 (3) of the statutes is repealed.

59,31n Section 31n. 15.105 (7) of the statutes is created to read:

15.105 (7) State prosecutors office. There is created a prosecutors office that is attached to the department of administration under s. 15.03. The executive director shall be appointed by the prosecutor board.

59,32 Section 32 . 15.105 (10) of the statutes is amended to read:

15.105 (10) Board on aging and long-term care. There is created a board on aging and long-term care, attached to the department of administration under s. 15.03. The board shall consist of 7 members who are members of the public and who are appointed for staggered 5-year terms. Members shall have demonstrated a continuing interest in the problems of providing delivering and financing long-term care for the aged or disabled. At least 4 members shall be public members with no interest in or affiliation with any nursing home persons who are 60 years of age or older or who are beneficiaries of the Medicare program. No person who currently owns or who, within the previous 5 years, owned or who had any operational or substantial financial or employment interest in or any other affiliation with any long-term care provider or health care insurance company may be appointed to or retained as a member of the board. No person who is or has been an employee or volunteer of the board may be appointed to or retained as a member.

59,34 Section 34 . 15.105 (25m) of the statutes is renumbered 15.185 (5), and 15.185 (5) (intro.) and (a), as renumbered, are amended to read:

15.185 (5) College savings program board. (intro.) There is created a college savings program board that is attached to the department of administration financial institutions under s. 15.03 and that consists of all of the following members:

(a) The secretary of administration financial institutions or his or her designee.

59,34m Section 34m. 15.107 (18) of the statutes is renumbered 15.315 (1), and 15.315 (1) (a), as renumbered, is amended to read:

15.315 (1) (a) There is created an interoperability council, attached to the department of administration military affairs under s. 15.03.

59,35 Section 35 . 15.137 (2) of the statutes is renumbered 15.227 (15), and 15.227 (15) (a) (intro.), as renumbered, is amended to read:

15.227 (15) (a) (intro.) There is created in the department of agriculture, trade and consumer protection workforce development an agricultural education and workforce development council consisting of the following members: