1995 Wisconsin Act 27

7.33 (1) (a) “Employe" has the meaning given under s. 101.01 (2) (a) (3).

27,4 Section 4 . 7.33 (1) (b) of the statutes is amended to read:

7.33 (1) (b) “Employer" has the meaning given under s. 101.01 (2) (b) (4).

27,5 Section 5 . 7.33 (1) (c) of the statutes is amended to read:

7.33 (1) (c) “State agency" has the meaning given under s. 20.001 (1) and includes an authority created under ch. 231, 232, 233 or 234.

27,8 Section 8 . 11.36 (1) of the statutes is amended to read:

11.36 (1) No person may solicit or receive from any state officer or employe or from any officer or employe of the University of Wisconsin Hospitals and Clinics Authority any contribution or service for any political purpose while the officer or employe is on state time or 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 employe or an officer or employe of the University of Wisconsin Hospitals and Clinics Authority with respect to a referendum only. Agreement to perform services authorized under this subsection may not be a condition of employment for any state such officer or employe.

27,9 Section 9 . 11.36 (3) and (4) of the statutes are amended to read:

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

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

27,14L Section 14L. 13.101 (4a) of the statutes is created to read:

13.101 (4a) The committee may transfer appropriated moneys from the appropriation account of any state agency, as defined in s. 20.001 (1), under which document production, reproduction or distribution costs are financed, other than a sum sufficient appropriation account, to the appropriation account under s. 20.870 (1) (r), in an amount not exceeding the savings accruing to the state during the fiscal biennium in which the transfer is made resulting from the centralization of document production, reproduction or distribution functions in the department of administration, as documented by the department.

27,14g Section 14g. 13.101 (4b) of the statutes is created to read:

13.101 (4b) The committee may transfer appropriated moneys from the appropriation account of any state agency, as defined in s. 20.001 (1), other than a sum sufficient appropriation account, in an amount not greater than the estimated savings to the state resulting from the implementation by the agency of an information technology project under s. 16.971 (5), to the appropriation account under s. 20.870 (1) (r). The committee shall not act under this subsection unless the estimated savings to the state are documented by the secretary of administration.

27,15 Section 15 . 13.101 (4g) of the statutes is amended to read:

13.101 (4g) At the request of the department of agriculture, trade and consumer protection under s. 92.14 (4r), the committee may transfer funds from the appropriation under s. 20.370 (4) (cq) (6) (aq) to the appropriation under s. 20.115 (7) (q) if necessary to provide grants under s. 92.14 (4) (c).

27,16 Section 16 . 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, 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), (bm), (cg) and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and (6) (aq) and (ar), 20.435 (4) (a), (d) and (e) (1) (c), (6) (a) and (7) (da) and 20.445 (3) (a) and (d) 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.

27,16g Section 16g. 13.101 (10) of the statutes is amended to read:

13.101 (10) The committee may approve expenditure of moneys received by this state as a part of a block grant, and may approve a transfer of moneys allocated by the federal government to this state as a part of a block grant for use as a part of another such grant made for different purposes. In this subsection, “block grant" has the meaning given under s. 16.54 (2) (a).

27,16m Section 16m. 13.101 (13) of the statutes is created to read:

13.101 (13) (a) Upon the crediting of proceeds from the sale or lease of a state building or structure or state land to the appropriation account under s. 20.865 (4) (a), the amounts in the schedule for that appropriation are increased by the amount credited for the fiscal biennium in which the crediting occurs.

(b) If the building, structure or land was used by a single agency, as defined in s. 13.48 (14) (a), the committee may, upon request of that agency, transfer not more than 50% of the moneys so credited to any appropriation account of that agency, other than a sum sufficient appropriation account, without finding that an emergency exists under sub. (3) (a) 1. Upon such transfer, the amounts in the schedule for any sum certain appropriation to the agency from the account to which a transfer is made are increased by the amount transferred during the fiscal year or biennium for which the appropriation is made.

(c) The committee may, upon request of the building commission, transfer not more than 50% of the moneys so credited to the building trust fund without finding that an emergency exists under sub. (3) (a) 1.

(d) If the building, structure or land was not used by a single agency, as defined in s. 13.48 (14) (a), or was under the management of the department of administration for use by more than one agency, the committee may, upon request of the building commission, transfer an amount not greater than the amount of the moneys so credited to the building trust fund without finding that an emergency exists under sub. (3) (a) 1.

27,16q Section 16q. 13.123 (2) (intro.) of the statutes is amended to read:

13.123 (2) Interim expenses. (intro.) From the appropriation under s. 20.765 (1) (a) or (b), each member of the legislature shall be entitled to an expense allowance for postage and clerical assistance for each full calendar month during which the legislature is in actual session 3 days or less. No allowance is payable to a representative to the assembly unless the speaker of the assembly files with the chief clerk of the assembly a written authorization for the allowance to be paid. No allowance is payable to a senator unless the majority leader of the senate files with the chief clerk of the senate a written authorization for the allowance to be paid. An authorization filed under this subsection becomes effective for the month in which it is filed and continues in effect through the month in which the speaker of the assembly or the majority leader of the senate files a written revocation of the authorization with the chief clerk of the appropriate house. The rate of such allowance shall be as follows:

27,17 Section 17. 13.172 (1) of the statutes is amended to read:

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, which is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in ch. 231, 233 or 234.

27,17f Section 17f. 13.45 (3) (a) of the statutes is amended to read:

13.45 (3) (a) For any day for which the legislator does not file a claim under s. 13.123 (1), any legislator appointed to serve on a legislative committee or a committee to which the legislator was appointed by either house or the officers thereof shall be reimbursed from the appropriations under ss. 20.315 and 20.765 (1) (a) or (b) for actual and necessary expenses incurred as a member of the committee.

27,17m Section 17m. 13.48 (1m) (e) of the statutes is created to read:

13.48 (1m) (e) Notwithstanding par. (b), the building commission may grant waivers under s. 44.39 (5).

27,18m Section 18m. 13.48 (5) of the statutes is renumbered 13.48 (5) (a).

27,18n Section 18n. 13.48 (5) (b) of the statutes is created to read:

13.48 (5) (b) Whenever the building commission considers any proposal for the construction of a new correctional institution or the expansion of an existing correctional institution, the department of administration shall provide the commission with information concerning annual operating costs, including staffing costs, that will result from such construction or expansion in connection with consideration of that proposal.

27,22 Section 22 . 13.48 (10) of the statutes, as affected by 1993 Wisconsin Act 288, is amended to read:

13.48 (10) Approval by building commission. (a) No state board, agency, officer, department, commission or body corporate may enter into a contract for the construction, reconstruction, remodeling of or addition to any building, structure, or facility, which involves a cost in excess of $100,000, without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. The building commission may not approve a contract for the construction, reconstruction, renovation or remodeling of or an addition to a state building as defined in s. 44.51 (2) unless it determines that s. 44.57 has been complied with or does not apply. This section applies to the department of transportation only in respect to buildings, structures and facilities to be used for administrative or operating functions, including buildings, land and equipment to be used for the motor vehicle emission inspection and maintenance program under s. 110.20.

(b) This subsection does not apply to contracts any of the following:

1. Contracts by the department of natural resources for construction work related to hazardous substance spill response under s. 144.76 or environmental repair under s. 144.442. This subsection does not apply to projects

2. Projects approved by the governor in response to emergency situations under s. 16.855 (16) (b) or to allocations from the appropriation made under s. 20.867 (2) for special category projects when the building commission has released funds under sub. (3) and has also approved a plan for the expenditure of those funds. “Special category projects" for the purpose of this subsection subdivision include but are not limited to projects such as special maintenance, energy conservation, handicapped access and advance property acquisition designated by the building commission.

27,22m Section 22m. 13.48 (10) (a) of the statutes, as affected by 1993 Wisconsin Act 288 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

13.48 (10) (a) No state board, agency, officer, department, commission or body corporate may enter into a contract for the construction, reconstruction, remodeling of or addition to any building, structure, or facility, which involves a cost in excess of $100,000, without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. The building commission may not approve a contract for the construction, reconstruction, renovation or remodeling of or an addition to a state building as defined in s. 44.51 (2) unless it determines that s. 44.57 or 16.846 has been complied with or does not apply. This section applies to the department of transportation only in respect to buildings, structures and facilities to be used for administrative or operating functions, including buildings, land and equipment to be used for the motor vehicle emission inspection and maintenance program under s. 110.20.

27,23 Section 23 . 13.48 (10) (b) 3. of the statutes is created to read:

13.48 (10) (b) 3. Construction or improvement projects of the University of Wisconsin Hospitals and Clinics Authority.

27,24 Section 24 . 13.48 (13) (a) of the statutes is amended to read:

13.48 (13) (a) Except as provided in par. (c), every building, structure or facility that is constructed for the benefit of or use of the state or any state agency, board, commission or department or the University of Wisconsin Hospitals and Clinics Authority shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

27,24c Section 24c. 13.48 (13) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state or any state agency, board, commission or department or the University of Wisconsin Hospitals and Clinics Authority shall be in compliance with all applicable state laws, rules, codes and regulations and zoning ordinances or regulations of the municipality in which the construction takes place but is not subject to other ordinances or regulations of that municipality, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

27,24f Section 24f. 13.48 (13) (b) of the statutes is created to read:

13.48 (13) (b) Every building, structure or facility that is constructed at state fair park shall be in compliance with all applicable state laws, rules and codes but is not subject to zoning or any other ordinances or regulations of the municipality in which the park is located.

27,24g Section 24g. 13.48 (14) (a) of the statutes is renumbered 13.48 (14) (am).

27,24h Section 24h. 13.48 (14) (a) of the statutes is created to read:

13.48 (14) (a) In this subsection, “agency" has the meaning given for “state agency" in s. 20.001 (1).

27,24j Section 24j. 13.48 (14) (c) of the statutes is amended to read:

13.48 (14) (c) Net If there is any outstanding public debt used to finance the acquisition of a building, structure or land or the construction of a building or structure that is sold or leased under par. (b), the building commission shall deposit a sufficient amount of the net proceeds from the sale or lease of the lands or buildings under par. (b) shall be deposited building, structure or land in the bond security and redemption fund under s. 18.09 to pay repay the principal and pay the interest on any bonds used to finance those lands or buildings the debt, and any premium due upon refunding any of those bonds that debt. If there are is no such bonds debt outstanding, the net proceeds shall be used to pay the principal and interest on the bond which is from any revenue source from which there were appropriations to support those lands or buildings and which bears the highest true interest costs in comparison to any other bond from such revenue sources or, if the net proceeds exceed the amount required to repay that principal and pay that interest and premium, the building commission shall credit the net proceeds or remaining net proceeds to the appropriation account under s. 20.865 (4) (a).

27,24k Section 24k. 13.48 (14) (d) 1. of the statutes is amended to read:

13.48 (14) (d) 1. In this paragraph, “surplus land" means land under the jurisdiction of the commission and allocated for use by a state an agency, but unused and not needed for the agency's operations or included in the agency's plan for construction or development.

27,24L Section 24L. 13.48 (14) (d) 2. of the statutes is amended to read:

13.48 (14) (d) 2. Biennially, beginning on January 1, 1984, each state agency having surplus land shall submit to the building commission and the joint committee on finance an inventory containing the description, location, description and fair market value of each parcel of surplus land.

27,24m Section 24m. 13.48 (14) (d) 3. a. to c. of the statutes are amended to read:

13.48 (14) (d) 3. a. The location, description and fair market value, description and location.

b. Whether the commission intends to sell or transfer the use of the parcel will be sold or transferred for use by from one agency to another state agency.

c. Whether If the commission intends to transfer use of the parcel from one agency to another agency, whether transfer of the parcel for use by another state agency is critical or desirable, if the commission intends to transfer the parcel.

27,25 Section 25 . 13.48 (26) of the statutes is amended to read:

13.48 (26) Clean water annual finance plan approval. The building commission shall review the versions of the biennial finance plan and any amendments to the biennial finance plan submitted to it by the department of natural resources and the department of administration under s. 144.2415 (3) (bm) and the recommendations of the joint committee on finance and the standing committees to which the versions of the biennial finance plan and any amendments were submitted under s. 144.2415 (3) (bm). The building commission shall consider the extent to which that version of the biennial finance plan that is updated to reflect the adopted biennial budget act will maintain the clean water fund in perpetuity, maintain the purchasing power of the clean water fund, meet the requirements of ss. 144.241 and 144.2415 to provide financial assistance for water quality pollution abatement needs and nonpoint source water pollution management needs, and provide a stable and sustainable annual level of financial assistance under ss. 144.241 and 144.2415 proportional to the state's long-term water pollution abatement and management needs and priorities. The building commission shall also consider the extent to which the implementation of the clean water fund, as set forth in that version of the biennial finance plan updated to reflect the adopted biennial budget act, implements legislative intent on the clean water fund program. The building commission shall, no later than 60 days after the date of enactment of the biennial budget act, either approve or disapprove the biennial finance plan that is updated to reflect the adopted biennial budget act, except that the building commission may not disapprove those amounts that the legislature approves under s. 144.2415 (3) (c). If the building commission disapproves the version of the biennial finance plan that is updated to reflect the adopted biennial budget act, it must notify the department of natural resources and the department of administration of its reasons for disapproving the plan, and those departments must revise that version of the biennial finance plan and submit the revision to the building commission.

27,26 Section 26 . 13.48 (28) of the statutes is created to read:

13.48 (28) State property leased to the University of Wisconsin Hospitals and Clinics Authority. The building commission may not authorize public debt to construct or improve any on-campus facilities, as defined under s. 233.01 (7), if the building commission believes, at the time that the public debt is authorized, that the facilities are or will be leased to the University of Wisconsin Hospitals and Clinics Authority.

27,27 Section 27 . 13.53 (2) (b) of the statutes is amended to read:

13.53 (2) (b) Study and review the postaudit or other reports submitted by the legislative audit bureau, confer with the state auditor and assistants and with other legislative committees in regard to such reports and, when necessary, confer with representatives of the state agency entities audited in order to obtain full and complete information in regard to any fiscal transactions and governmental operations within the state.

27,28 Section 28 . 13.53 (2) (c) of the statutes is amended to read:

13.53 (2) (c) Refer to the legislature or to an appropriate standing committee information that, in its opinion, warrants action by the legislature or by the committee. It may request from a standing committee information on such action as is taken. The committee shall seek the advice of the appropriate standing committees with respect to the program portion of an audit relating to a state department or agency an entity which is within the purview of such committee.

27,29 Section 29 . 13.53 (3) (a) of the statutes is amended to read:

13.53 (3) (a) In any instance in which a postaudit report of the legislative audit bureau cites cases of improper payments; inadequate accounting, operating, or administrative system controls, procedures, or related records; inaccuracies; waste or extravagance; unauthorized or unintended activities or programs; or other deficiencies required by statute to be reported, the head of the state department or agency entity to which the audit report pertains shall, within a time period specified by the committee, advise the cochairpersons of the committee, the chairperson of the joint committee on legislative organization and to each appropriate standing committee of any remedial actions taken or to be taken on matters cited in the report. Where such advice is not forthcoming from the head of the state department or agency entity within the time period specified by the committee, or where the committee determines that suitable action has not been taken, the committee may report the matter immediately to the joint committee on legislative organization and to each appropriate standing committee.

27,30 Section 30 . 13.53 (3) (b) of the statutes is amended to read:

13.53 (3) (b) The committee may, in any case, propose specific corrective action to remedy undesirable practices, including changes in applicable laws, rules and procedures, but with respect to the program portion of audit, it shall first seek the advice of the appropriate standing committees which have purview over the state department or agency entity under review. If the committee introduces a bill, it shall be referred to the appropriate standing committee. The appropriate standing committees may propose corrective legislation wherever they find that the program portion of the audit indicates that a law is not being implemented in the manner intended by the legislature when the law was enacted.

27,31 Section 31 . 13.53 (4) of the statutes is amended to read:

13.53 (4) Fiscal and performance evaluations. The committee may at any time, without regard to whether the legislature is then in session, request the joint committee on legislative organization to investigate any matter within the scope of a postaudit completed or being conducted by the legislative audit bureau. It may also request investigation and consideration of any matter relative to the expenditures and revenues as well as the fiscal and performance activities of state departments and agencies entities pursuant to the objectives of the committee and the legislative audit bureau.

27,31g Section 31g. 13.58 (1) (intro.) of the statutes is amended to read:

13.58 (1) Creation. (intro.) There is created a joint standing committee on information policy composed of the following members:

27,31h Section 31h. 13.58 (1) (c) of the statutes is repealed.

27,31i Section 31i. 13.58 (1) (d) of the statutes is repealed.

27,31j Section 31j. 13.58 (5) (a) 1. of the statutes is amended to read:

13.58 (5) (a) 1. Review information management and technology systems, plans, practices and policies of state and local units of government, including their responsiveness to the needs of state and local units of government for delivery of high-quality services on an efficient, effective and economical basis, to ensure their data security and integrity and to protect, their protection of the personal privacy of individuals who are subjects of data bases of state and local governmental agencies and their provision of access to public records under s. 19.35 (1).

27,32 Section 32 . 13.58 (5) (a) 4. of the statutes is repealed.

27,32m Section 32m. 13.58 (5) (a) 5. of the statutes is created to read:

13.58 (5) (a) 5. Upon receipt of strategic plans from the department of administration, the board of regents of the University of Wisconsin System, the joint committee on legislative organization and the director of state courts, review and transmit comments concerning the plans to the entities submitting the plans.

27,33 Section 33 . 13.58 (5) (b) 1. of the statutes is amended to read:

13.58 (5) (b) 1. Direct the privacy advocate, the council on information technology or the subunit in the department of administration with policy-making responsibility related to information technology to conduct studies or prepare reports on items related to the committee's duties under par. (a).