AB56: Bill Text

Under current law, DOT administers the Local Roads Improvement Program (LRIP) to assist political subdivisions in improving seriously deteriorating local roads by reimbursing political subdivisions for certain improvements. LRIP includes an entitlement component and a discretionary component. Under the entitlement component, DOT distributes an appropriated amount to political subdivisions according to statutorily prescribed allocation percentages. Under the discretionary component, DOT allocates funds in fiscal year 2017-18 and each fiscal year thereafter as follows: $5,393,400 to fund eligible county trunk highway improvements, $5,923,600 to fund eligible town road improvements, and $3,850,400 to fund eligible municipal street improvements.

This bill increases DOT's allocations for the discretionary component of LRIP for fiscal year 2019-20 as follows: $5,569,400 to fund eligible county trunk highway improvements, $6,033,600 to fund eligible town road improvements, and $3,867,000 to fund eligible municipal street improvements. The bill increases the allocations for fiscal year 2020-21 and each fiscal year thereafter as follows: $5,688,400 to fund eligible county trunk highway improvements, $6,162,400 to fund eligible town road improvements, and $3,950,300 to fund eligible municipal street improvements.

4. Transit capital assistance grants

This bill requires DOT to establish a transit capital assistance grant program, under which DOT awards grants to eligible applicants for the replacement of public transit vehicles.

Rail and air transportation

Increase bonding for passenger rail capital projects

Under current law, DOT administers a rail passenger route development program under which DOT may fund the following:

a. Capital costs related to certain Amtrak service extension routes or certain other rail service routes.

b. Railroad track or rail passenger station improvements related to an Amtrak service extension route, or the establishment of commuter rail service, between the city of Milwaukee and Waukesha County.

c. Rail passenger station improvements related to an existing rail passenger service.

Current law provides $79,000,000 in general obligation bonding authority for the program but does not provide for other sources of program funding. However, not more than $10,000,000 of the bonding proceeds may be used for the purposes described in items b and c, above; no proceeds may be used without JCF approval; and no proceeds may be used for the purposes described in items a and b, above, unless DOT provides to JCF certain information.

This bill increases the general obligation bonding authority for the program from $79,000,000 to $124,000,000 but does not modify any of these other program funding limitations.

2. Freight rail preservation bonding

Under current law, the state may contract up to $250,300,000 in public debt for DOT to acquire railroad property and to provide grants and loans for railroad property acquisition and improvement. This bill increases the authorized general obligation bonding limit for these purposes to $280,300,000.

General transportation

Eliminate general fund transfer to transportation fund

Under current law, the secretary of administration must annually transfer from the general fund to the transportation fund 0.25 percent of estimated general fund tax revenues for the fiscal year or $35,127,000, whichever amount is greater. This bill repeals this requirement.

2. Next Generation 911 and WISCOM

Under current law, DMA is required to contract for the creation, operation, and maintenance of an emergency services network capable of meeting certain standards known collectively as Next Generation 911. DMA is also required to develop and operate a statewide public safety interoperable communication system, commonly referred to as WISCOM. To assist DMA in developing the ability of public safety agencies to communicate with each other, there is an interoperability council with a 911 subcommittee attached to DMA. This bill transfers the requirements relating to Next Generation 911 and WISCOM from DMA to DOT and attaches the interoperability council and 911 subcommittee to DOT. The bill also requires DOT to issue a request for proposals for a statewide public safety interoperable communications system to be deployed on existing tower sites and authorizes DOT to spend up to $500,000 for professional consulting services related to the request for proposals.

3. Harbor assistance program bonding

Under current law, the state may contract up to $120,000,000 in public debt for DOT to provide grants for harbor improvements. This bill increases the authorized general obligation bonding limit to $159,000,000 for this purpose.

4. Harbor assistance grants priority

Under current law, DOT administers the harbor assistance program under which eligible applicants may be awarded a grant to partially reimburse the applicant for expenses incurred in making certain harbor improvements. Under this bill, during the 2019-21 fiscal biennium, DOT must prioritize making grant awards under the harbor assistance program to municipalities in which a shipbuilder in the state is conducting operations.

veterans

Veterans outreach and recovery program

2017 Wisconsin Act 295 created a requirement that DVA administer a pilot program that expires on June 30, 2019, to provide outreach, mental health services, and support to certain individuals who are serving or who have served in the armed forces, who reside in Wisconsin, and who may have a mental health condition or substance use disorder. This bill continues the program on an ongoing basis.

2. Continuing appropriations

This bill changes the appropriations for the veterans home exchange program and the veterans cemetery operations from sum certain annual appropriations to continuing appropriations. An annual sum certain appropriation is expendable only for the fiscal year for which the appropriation is made and only up to the dollar amount shown in the schedule for that fiscal year. A continuing appropriation is expendable until fully depleted, and the moneys held therein do not lapse. Therefore, the effect of this change is to allow the moneys in the appropriations to continue to be spent until depleted.

3. General fund supplement to veterans trust fund

This bill changes the appropriation for the general fund supplement to the veterans trust fund from a sum certain annual appropriation to a sum sufficient appropriation. An annual sum certain appropriation is expendable only for the fiscal year for which the appropriation is made and only up to the dollar amount shown in the schedule for that fiscal year; whereas, a sum sufficient appropriation is expendable up to the amount that is necessary to accomplish the purpose specified. The effect of this change is to allow the secretary of administration to determine the amounts of money that may be expended for veterans programs by transferring moneys from the general fund to the veterans trust fund.

4. Elimination of the veterans housing loan program

This bill eliminates the veterans housing loan program. Under current law, DVA has authority to issue and service loans to veterans for certain housing related purposes.

5. Veterans Memorial Cemetery

This bill renumbers the appropriation for the Central Wisconsin Veterans Memorial Cemetery to be appropriately grouped with the other appropriations for the bureau of cemeteries.

6. Institutional appropriations

This bill repeals one of the appropriations that funds a program that provides grants to counties and tribes for the improvement of veterans services.

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.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

This proposal may contain a health insurance mandate requiring a social and financial impact report under s. 601.423, stats.

Because this bill relates to public employee retirement or pensions, it may be referred to the Joint Survey Committee on Retirement Systems 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:

AB56,1 Section 1. 1.12 (3) (d) of the statutes is created to read:

AB56,93,3 1.12 (3) (d) Carbon-free electricity. It is the goal of the state that all electricity produced within the state is 100 percent carbon-free by January 1, 2050.

AB56,2 Section 2 . 3.002 (intro.) and (1m) of the statutes are consolidated, renumbered 3.002 and amended to read:

AB56,93,9 3.002 Description of territory. In this chapter: (1m) Reference, reference to any county or municipality means that county or municipality as its boundaries exist on April 1 of the year of the federal decennial census on which the districting plan described under subch. II is based.

AB56,3 Section 3. 3.002 (2) of the statutes is repealed.

AB56,4 Section 4 . 3.004 (2) of the statutes is amended to read:

AB56,94,2 3.004 (2) “Ward" means a ward prescribed by a municipality based upon municipal boundaries in effect on April 1 of the year of the federal decennial census in accordance with the most recent revision of municipal wards under s. 5.15 upon which the districting plan described under subch. II is based and used in preparing congressional and legislative redistricting plans as required under s. 4.005.

AB56,5 Section 5. Subchapter I of chapter 4 [precedes 4.001] of the statutes is repealed and recreated to read:

AB56,94,5 CHAPTER 4

AB56,94,6 subchapter i

AB56,94,8 general provisions and redistricting

AB56,94,9 4.001 Definitions. In this chapter, unless the context requires otherwise:

AB56,94,10 (1) “Block" has the meaning given in s. 5.02 (1q).

AB56,94,12 (2) “Commission" means the redistricting advisory commission established under s. 13.49.

AB56,94,14 (3) “Plan" means a plan for legislative and congressional reapportionment prepared under this subchapter.

AB56,94,16 (4) “Political subdivision" means a city, town, village, or county within this state.

AB56,94,17 (5) “Section 2 of the Voting Rights Act" means 52 USC 10301.

AB56,94,20 (6) “Ward" means a municipal ward in effect on April 1 of the year of the federal decennial census and used in preparing congressional and legislative redistricting plans as required under s. 4.005.

AB56,94,23 4.002 Political subdivision boundaries. In this chapter, reference to any political subdivision means that political subdivision as its boundaries exist on April 1 of the year of the federal decennial census.

AB56,95,2 4.003 Legislative districts established. This state is divided into 33 senate districts, each composed of 3 assembly districts. Each senate district may elect one member of the senate. Each assembly district may elect one representative to the assembly.

AB56,95,6 4.004 Preparations for redistricting. (1) The legislative reference bureau shall acquire appropriate information, review and evaluate available facilities, and develop programs and procedures in preparation for drawing congressional and legislative redistricting plans on the basis of each federal decennial census.

AB56,95,11 (2) By December 1 of the year of the decennial federal census, the legislative reference bureau shall obtain from the U.S. bureau of the census information regarding geographic and political units in this state for which federal census population data has been gathered and will be tabulated. The legislative reference bureau shall use the information to do all of the following:

AB56,95,14 (a) Prepare necessary descriptions of geographic and political units for which census data will be reported and that are suitable for use as components of legislative districts.

AB56,95,17 (b) Prepare maps of geographic and political units within the state which may be used to illustrate the locations of district boundaries proposed in plans prepared in accordance with s. 4.007.

AB56,96,2 (3) As soon as possible after receiving from the U.S. bureau of the census the population data needed for legislative redistricting that the U.S. bureau of the census is required to provide this state under P.L. 94-171, the legislative reference bureau shall use that data to assign a population figure based upon certified federal census data to each geographic or political unit described under sub. (2) (b). The legislative reference bureau shall prepare and publish an analysis describing the population of current legislative and congressional districts and the extent to which the districts may violate the standards under s. 4.007. Upon satisfying these requirements, the legislative reference bureau shall begin the preparation of congressional and legislative redistricting plans as required under s. 4.006.

AB56,96,6 (4) None of the 4 selecting authorities, as defined in s. 13.49 (1) (b), may assign or hire any person to work with the legislative reference bureau to prepare for redistricting under this section, to prepare plans under s. 4.006, or to oversee either process.

AB56,96,13 4.005 Use of municipal ward plans. After receipt of a division ordinance or resolution under s. 5.15 (4) (b), the legislative reference bureau shall use the data obtained from the U.S. bureau of the census under s. 4.004 (3) to assign a population figure based upon certified federal census data to each ward established in the division ordinance or resolution. The legislative reference bureau shall use each ward to which a population figure is assigned in preparing congressional and legislative redistricting plans as required under s. 4.006.

AB56,96,23 4.006 Preparation of redistricting plans. (1) Not later than January 1 of the 2nd year following the decennial federal census, the legislative reference bureau shall deliver to the majority leader of the senate and speaker of the assembly identical bills creating plans of legislative and congressional redistricting, prepared in accordance with s. 4.007. Either the assembly or the senate shall bring the bill to a vote expeditiously, but not less than 7 days after the commission report under s. 13.49 (3) (d) 2. is received and made available to the members of the legislature. The vote shall be under a procedure or rule permitting no amendments. If the bill is approved by the first house in which it is considered, the bill shall expeditiously be brought to a vote in the 2nd house under a similar procedure or rule.

AB56,97,13 (2) If neither of the bills delivered by the legislative reference bureau under sub. (1) is approved by both the assembly and the senate, the chief clerk of the house that failed to approve the bill shall immediately transmit to the legislative reference bureau information that the house may direct regarding reasons why the plan was not approved. The legislative reference bureau shall prepare identical bills embodying a 2nd plan of legislative and congressional redistricting prepared in accordance with s. 4.007, taking into account the reasons transmitted to the legislative reference bureau under this subsection insofar as it is possible to do so within the requirements of s. 4.007. The legislative reference bureau shall deliver the bills to the majority leader of the senate and the speaker of the assembly no later than 21 days after the date of the vote by which the senate or the assembly failed to approve the bill submitted under sub. (1). Any bill delivered by the legislative reference bureau under this subsection shall be expeditiously introduced and brought to a vote not less than 7 days after the date of introduction, in the same manner as prescribed for the bill required under sub. (1).

AB56,97,25 (3) If neither of the bills delivered by the legislative reference bureau under sub. (2) is approved by both the assembly and the senate, the same procedure as prescribed by sub. (2) shall be followed. If a 3rd plan is required under this subsection, the legislative reference bureau shall deliver the bills to the majority leader of the senate and the speaker of the assembly no later than 21 days after the date of the vote by which the senate or the assembly failed to approve the bill submitted under sub. (2). Any bill delivered by the legislative reference bureau under this subsection shall be expeditiously introduced and brought to a vote not less than 7 days after the date of introduction and shall be subject to amendment in the same manner as other bills. Any bill delivered under this subsection, and any amendment to such a bill, may be passed only with the approval of three-fourths of all the members elected in each house.

AB56,98,1 (4) Notwithstanding subs. (1) to (3):

AB56,98,11 (a) If certified federal census data that is sufficient to permit preparation of a congressional redistricting plan becomes available at an earlier time than the population data needed to permit preparation of a legislative redistricting plan in accordance with s. 4.007, the legislative reference bureau shall so inform the majority leader of the senate and the speaker of the assembly. If the majority leader of the senate and the speaker of the assembly jointly direct, the legislative reference bureau shall prepare a separate bill establishing congressional districts and deliver it separately from the bill establishing legislative districts. The legislature shall proceed to consider the congressional redistricting bill in substantially the manner prescribed by subs. (1) to (3).

AB56,98,21 (b) If the population data for legislative redistricting that the U.S. bureau of the census is required to provide this state under P.L. 94-171 and, if used by the legislative reference bureau, the corresponding topologically integrated geographic encoding and referencing data file for that population data are not available to the legislative reference bureau on or before April 1 of the first year following the decennial federal census, the deadlines set forth in this section shall be extended by a number of days equal to the number of days after April 1 of the first year following the decennial federal census that the population data and the topologically integrated geographic encoding and referencing data file for legislative redistricting become available.

AB56,98,25 4.007 Redistricting standards. (1) Legislative and congressional districts shall be established on the basis of population requirements imposed under the Wisconsin Constitution and the U.S. Constitution and requirements imposed under Section 2 of the Voting Rights Act.

AB56,99,12 (2) Senate and assembly districts, respectively, shall satisfy the population standards established in this subsection. The quotient, obtained by dividing the sum of the absolute values of the deviations of all district populations from the applicable ideal district population by the number of districts established, may not exceed 1 percent of the applicable ideal district population, unless necessary to maintain compliance with Section 2 of the Voting Rights Act. For purposes of this subsection, the ideal district population is determined by dividing the population of the state reported in the most recent federal decennial census by the number of districts to be established. No senate district may have a population that exceeds that of any other senate district by more than 10 percent and no assembly district may have a population that exceeds that of any other assembly district by more than 10 percent, unless necessary to maintain compliance with Section 2 of the Voting Rights Act.

AB56,99,18 (3) Congressional districts shall each have a population as nearly equal as practicable to the ideal district population, derived as prescribed in sub. (2), while maintaining compliance with Section 2 of the Voting Rights Act. No congressional district may have a population which varies by more than 1 percent from the applicable ideal district population, unless necessary to comply with Section 2 of the Voting Rights Act.

AB56,99,24 (4) District boundaries shall coincide with ward boundaries and, to the extent consistent with sub. (1), shall coincide with the boundaries of political subdivisions. The number of political subdivisions divided among more than one district shall be as small as possible. When there is a choice among political subdivisions to divide, the more populous political subdivisions shall be divided before the less populous, except that this requirement does not apply to a legislative district boundary drawn along a county boundary which passes through a city with territory in more than one county.

AB56,100,4 (5) Districts shall be composed of convenient contiguous territory. Areas which meet only at the points of adjoining corners are not contiguous.

AB56,100,8 (6) Districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or diminishing their ability to elect representatives of their choice, whether by themselves or by voting in concert with other persons.

AB56,100,9 (7) (a) In this subsection:

AB56,100,18 1. “Geographic unit center" means that point within a population data unit approximately equidistant from the northern and southern extremities and also approximately equidistant from the eastern and western extremities of the population data unit. This point shall be determined by visual observation of a map of the population data unit, unless it is otherwise determined within the context of an appropriate coordinate system developed by the federal government or another source that the legislative reference bureau determines is qualified and objective and is obtained for use in this state with prior approval of the joint committee on legislative organization.

AB56,100,22 2. “Population data unit" means a ward, census enumeration district, block, or other unit of territory having clearly identified geographic boundaries and for which a total population figure is included in or can be derived directly from certified federal census data.

AB56,101,3 3. “X-coordinate" means the relative location of a point along the east–west axis of the state. Unless otherwise measured within the context of an appropriate coordinate system obtained for use as permitted by subd. 1., the x-coordinate shall be measured along a line drawn due east from a due north and south line running through the point which is the western extremity of this state, to the point to be located.

AB56,101,9 4. “Y-coordinate" means the relative location of a point along the north–south axis of the state. Unless otherwise measured within the context of an appropriate coordinate system obtained for use as permitted by subd. 1., the y-coordinate shall be measured along a line drawn due south from a due east and west line running through the point which is the northern extremity of this state, to the point to be located.

AB56,101,16 (b) To the extent consistent with subs. (1) to (3), districts shall be compact in form. Compact districts are those which are square, rectangular, or hexagonal in shape to the extent permitted by natural or political boundaries. When it is necessary to compare the relative compactness of 2 or more districts, or of 2 or more alternative redistricting plans, the tests prescribed by pars. (c) and (d) shall be used. Should the results of these 2 tests be contradictory, the standard under par. (c) shall be given greater weight than the standard under par. (d).