1999 WISCONSIN ACT 9
(Vetoed in Part)
An Act relating to: state finances and appropriations, constituting the executive budget act of the 1999 legislature.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
9,1b
Section 1b. 1.13 of the statutes is created to read:
1.13 Land use planning activities. (1) In this section:
(a) "Local governmental unit" has the meaning given in s. 1.12 (1) (a).
(b) "State agency" has the meaning given in s. 1.12 (1) (b).
(2) Each state agency, where applicable and consistent with other laws, is encouraged to design its programs, policies, infrastructure and investments of the agency to reflect a balance between the mission of the agency and the following local, comprehensive planning goals:
(a) Promotion of the redevelopment of lands with existing infrastructure and public services and the maintenance and rehabilitation of existing residential, commercial and industrial structures.
(b) Encouragement of neighborhood designs that support a range of transportation choices.
(c) Protection of natural areas, including wetlands, wildlife habitats, lakes, woodlands, open spaces and groundwater resources.
(d) Protection of economically productive areas, including farmland and forests.
(e) Encouragement of land uses, densities and regulations that promote efficient development patterns and relatively low municipal, state governmental and utility costs.
(f) Preservation of cultural, historic and archaeological sites.
(g) Encouragement of coordination and cooperation among nearby units of government.
(h) Building of community identity by revitalizing main streets and enforcing design standards.
(i) Providing an adequate supply of affordable housing for individuals of all income levels throughout each community.
(j) Providing adequate infrastructure and public services and an adequate supply of developable land to meet existing and future market demand for residential, commercial and industrial uses.
(k) Promoting the expansion or stabilization of the current economic base and the creation of a range of employment opportunities at the state, regional and local levels.
(L) Balancing individual property rights with community interests and goals.
(m) Planning and development of land uses that create or preserve varied and unique urban and rural communities.
(n) Providing an integrated, efficient and economical transportation system that affords mobility, convenience and safety and that meets the needs of all citizens, including transit-dependent and disabled citizens.
(3) Each state agency shall ensure that, consistently with other laws, whenever it administers a law under which a local governmental unit prepares a plan, the actions of the local governmental unit under the plan are designed to further the goals specified in sub. (2), to the extent practical.
9,1c
Section
1c. 6.92 (intro.) of the statutes is renumbered 6.92 and amended to read:
6.92 Inspector making challenge. Each inspector shall challenge for cause any person offering to vote whom the inspector knows or suspects is not a qualified elector. If a person is challenged as unqualified by an inspector, one of the inspectors shall administer the following oath or affirmation to the person: "You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding your place of residence and qualifications as an elector of this election"; and shall then ask those of the following questions which are appropriate as determined by the board, by rule, to test the person's qualifications:.
9,1g
Section 1g. 6.92 (1) to (6) of the statutes are repealed.
9,1h
Section 1h. 6.925 (intro.) of the statutes is renumbered 6.925 and amended to read:
6.925 Elector making challenge in person. Any elector may challenge for cause any person offering to vote whom the elector knows or suspects is not a qualified elector. If a person is challenged as unqualified by an elector, one of the inspectors may administer the oath or affirmation to the challenged elector under s. 6.92 and ask the challenged elector the questions under that section which are appropriate to test the elector's qualifications. In addition, one of the inspectors shall administer the following oath or affirmation to the challenging elector: "You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding the challenged person's place of residence and qualifications as an elector of this election"; and shall then ask those of the following questions which are appropriate
as determined by the board, by rule, to test the qualifications of the challenged elector:.
9,1j
Section 1j. 6.925 (1) to (6) of the statutes are repealed.
9,1js
Section 1js. 13.093 (1) of the statutes is amended to read:
13.093 (1) All bills introduced in either house of the legislature for the appropriation of money, providing for revenue or relating to taxation or that require a correctional fiscal estimate under sub. (3) shall be referred to the joint committee on finance before being passed.
9,1jt
Section 1jt. 13.093 (2) (c) of the statutes is repealed.
9,1ju
Section 1ju. 13.093 (3) and (4) of the statutes are created to read:
13.093 (3) (a) All bills introduced in either house of the legislature that create a criminal offense for which a sentence to a state prison or a disposition of placement in a juvenile correctional facility may be imposed, that increase the period of imprisonment in a state prison or placement in a juvenile correctional facility for an existing criminal offense, that require a person to be sentenced to imprisonment in a state prison or a juvenile to be placed in a juvenile correctional facility, or that otherwise affect a penalty provision that increases the statewide probation, parole or extended supervision population shall incorporate a correctional fiscal estimate before any vote is taken thereon by either house of the legislature, if the bill is not referred to a standing committee, before any public hearing is held before a standing committee or, if no public hearing is held, before any vote is taken by the standing committee. The correctional fiscal estimate shall estimate the anticipated state fiscal liability for correctional capital and operational costs under the bill including a projection of such costs for the fiscal year in which the bill becomes effective and the 9 succeeding fiscal years. Correctional fiscal estimates shall be prepared as follows:
1. The departments or agencies required to prepare the correctional estimate shall submit to the legislative fiscal bureau projections of the impact on statewide probationer, prisoner, parolee, extended supervision and juvenile corrections populations, an estimate of the fiscal impact of such population changes on state expenditures and a statement of the methodologies and assumptions used in making the population projections and estimates of fiscal impact. In preparing this information, a department or agency may request information from other departments or agencies. If a specific estimate cannot be determined, the departments or agencies shall provide an estimated cost range. The departments or agencies shall submit this information to the legislative fiscal bureau within 5 working days after the departments or agencies receive a copy of the bill.
2. The legislative fiscal bureau shall review the information received from the departments or agencies under subd. 1. The legislative fiscal bureau shall consult with the departments or agencies from which information was received under subd. 1. and the departments or agencies shall provide information as requested by the legislative fiscal bureau as necessary to complete the review. Such review shall be completed within 5 working days from the date the legislative fiscal bureau receives the information under subd. 1.
3. The departments or agencies preparing information under subd. 1. shall prepare a correctional fiscal estimate and submit it to the legislative reference bureau and the legislative fiscal bureau within 3 working days after the date the legislative fiscal bureau's review period under subd. 2. ends. If a department or agency cannot
make a specific estimate, the department or agency shall establish assumptions, including population estimates, that allow a projection to be made and provide an estimated cost range.
4. The legislative fiscal bureau shall prepare a statement of its review of the correctional fiscal estimate and submit it to the legislative reference bureau within 2 working days after receiving the correctional fiscal estimate.
(b) The legislature shall reproduce and distribute correctional fiscal estimates under par. (a) 3. and statements under par. (a) 4. in the same manner as it reproduces and distributes amendments.
(c) The legislative reference bureau shall determine whether a bill draft requires a correctional fiscal estimate. A bill draft that requires a correctional fiscal estimate under this subsection shall have that requirement noted on its jacket when the jacket is prepared. When a bill that requires a correctional fiscal estimate under this subsection is introduced, the legislative reference bureau shall submit a copy of the bill to the legislative fiscal bureau and the department of administration.
(4) Neither house of the legislature may vote on an amendment to the executive budget bill or bills introduced under s. 16.47 if the amendment meets the criteria of a bill that requires a correctional fiscal estimate under sub. (3) unless the only provisions in the amendment are identical to the provisions of an introduced bill for which the requirements under sub. (3) have been met.
9,1k
Section 1k. 13.101 (4a) of the statutes is repealed.
9,1m
Section 1m. 13.101 (4b) of the statutes is repealed.
9,1p
Section 1p. 13.101 (4g) of the statutes is repealed.
9,1r
Section 1r. 13.101 (4i) of the statutes is created to read:
13.101 (4i) (a) The department of natural resources and the department of agriculture, trade and consumer protection shall present to the committee a schedule for transferring funds from the appropriation account under s. 20.370 (6) (aa) to the appropriation account under s. 20.115 (7) (c) or from the appropriation account under s. 20.370 (6) (aq) to the appropriation account under s. 20.115 (7) (qd), or both, for the purpose of providing funding under s. 92.14 (3) (a).
(b) The committee may transfer funds as provided in the schedule under par. (a). If the committee transfers funds from the appropriation account under s. 20.370 (6) (aa) to the appropriation account under s. 20.115 (7) (c) in a fiscal year, the amounts in the schedule under s. 20.005 for the appropriation under s. 20.370 (6) (aa) for that fiscal year are decreased by the amount of the transfer. If the committee transfers funds from the appropriation account under s. 20.370 (6) (aq) to the appropriation account under s. 20.115 (7) (qd) in a fiscal year, the amounts in the schedule under s. 20.005 for the appropriation under s. 20.370 (6) (aq) for that fiscal year are decreased by the amount of the transfer and the amounts in the schedule under s. 20.005 for the appropriation under s. 20.115 (7) (qd) for that fiscal year are increased by the amount of the transfer.
9,1t
Section 1t. 13.101 (11) of the statutes is amended to read:
13.101 (11) The committee may approve a clean water fund program interest rate change as specified under s. 281.58 (12) (f), an urban storm water loan program interest rate change as specified in s. 281.595 (11) (b) or a safe drinking water loan program interest rate change as specified under s. 281.61 (11) (b).
9,1v
Section 1v. 13.101 (15) of the statutes is created to read:
13.101 (15) Notwithstanding sub. (3) (a), if the department of administration requests the joint committee on finance to supplement the appropriation under s. 20.505 (1) (ku) from the appropriation under s. 20.865 (4) (g), the committee may supplement the appropriation by not more than $500,000 in any fiscal year to provide a grant to one or more eligible counties if the committee finds that the proposed grantee or grantees are eligible to receive a grant under s. 16.18. Notwithstanding sub. (3) (a), no finding of emergency is required for the committee to act in accordance with this subsection.
9,2r
Section 2r. 13.48 (7) of the statutes is amended to read:
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. 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 its 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.
9,2t
Section 2t. 13.48 (15) of the statutes is amended to read:
13.48 (15) Acquisition of leasehold interests. The Subject to the requirements of s. 20.924 (1) (im) and (j), the building commission shall have the authority to acquire leasehold interests in land and buildings where such authority is not otherwise provided to an agency by law.
9,3d
Section 3d. 13.48 (19) of the statutes is amended to read:
13.48 (19) Alternatives to state construction. Whenever the building commission determines that the use of innovative types of design and construction processes will make better use of the resources and technology available in the building industry, the building commission may waive any or all of s. 16.855 if such action is in the best interest of the state and if the waiver is
accomplished through formal action of the building commission. The Subject to the requirements of s. 20.924 (1) (j), the building commission may authorize the lease, lease purchase or acquisition of such facilities constructed in the manner authorized by the building commission. The building commission may also authorize the lease, lease purchase or acquisition of existing facilities in lieu of state construction of any project enumerated in the authorized state building program.
9,3g
Section 3g. 13.48 (25t) of the statutes is created to read:
13.48 (25t) Wisbuild initiative. There is created a program, to be known as the "Wisbuild initiative", for the purpose of providing financial support for the maintenance, repair and renovation of state-owned buildings. Funding may be provided under the initiative for high priority, comprehensive building renovation projects, as well as for the maintenance and repair of the exterior components of buildings and, without limitation because of enumeration, systems such as mechanical, electrical, plumbing and other building systems. Funding may also be provided under the initiative for projects to remove barriers that reduce access to and use of state facilities by persons with disabilities. The building commission shall allocate available funding for the initiative. Projects funded as a part of the initiative shall be financed from the appropriation under s. 20.866 (2) (z) or as otherwise provided in the authorized state building program.
9,3gm
Section 3gm. 13.48 (26) of the statutes is amended to read:
13.48 (26) Environmental improvement 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. 281.59 (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. 281.59 (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 funding for the clean water fund program and the safe drinking water loan program, in the environmental improvement fund, in perpetuity. The building commission shall consider the extent to which the implementation of the clean water fund program, the safe drinking water loan program, the urban storm water loan program and the land recycling loan program, as set forth in the biennial finance plan updated to reflect the adopted biennial budget act, implements legislative intent on the clean water fund program, the safe drinking water loan program, the urban storm water loan program and the land recycling loan 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. 281.59 (3e) (a), (3m) (a) and, (3s) (a) and (3v) (a). 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.
9,3h
Section 3h. 13.48 (27) of the statutes is amended to read:
13.48 (27) Lease of correctional facilities. The Subject to the requirements of s. 20.924 (1) (im) and (j), the building commission may lease any facility for use of the department of corrections as a part of the authorized state building program, with an option to purchase the facility by the state. Any lease shall provide for the facility to be constructed in accordance with requirements and specifications approved by the department of administration and shall permit inspection of the site and facility by agents of the department.
9,3hg
Section 3hg. 13.48 (30) of the statutes is created to read:
13.48 (30) Agency work plans for capital building maintenance. The building commission shall review work plans of agencies for expenditure of capital building maintenance moneys submitted under s. 16.857 (2) and may approve or disapprove any plan or approve a plan with modifications.
9,3i
Section 3i. 13.48 (32) of the statutes is created to read:
13.48 (32) Debt increase for construction of a dental clinic and education facility at Marquette University. (a) The legislature finds and determines that it is in the public interest to promote the health and well-being of residents of this state by ensuring the availability of a sufficient number of dentists to meet the needs of residents of this state; it is in the public interest, advantage and welfare to ensure the continued availability of dental education in this state; and Marquette University operates the only dental school in this state. It is, therefore, the public policy of this state to assist private institutions in this state, including Marquette University, in the construction of facilities that will be used to provide dental education.
(b) The building commission may authorize up to $15,000,000 of general fund supported borrowing to aid in the construction of a dental clinic and education facility at Marquette University. The state funding commitment for the construction of the facility shall be in the form of a construction grant to Marquette University. Before approving any state funding commitment for such a facility and before awarding the construction grant to Marquette University, the building commission shall determine that all of the following conditions have been met:
1. Marquette University has secured additional funding commitments of at least $15,000,000 from nonstate revenue sources, the nonstate revenue sources are reasonable and available and the total funding commitments of the state and the nonstate sources will permit Marquette University to enter into contracts for the construction of the dental clinic and education facility.
2. The dental clinic and education facility will not be used for the purpose of devotional activities, religious worship or sectarian instruction.
3. No religious instruction shall be required as a condition for admission to, or graduation from, the Marquette University School of Dentistry.
(c) If the building commission authorizes a construction grant to Marquette University under par. (b), Marquette University shall provide the state with an option to purchase the dental clinic and education facility under the following conditions:
1. The option price shall be the appraised fair market value at the time that the option is exercised, less a credit recognizing the amount of the state's construction grant. The option shall be subject to any mortgage or other security interest of any private lenders.
2. The option may be exercised only upon the occurrence of any of the following:
a. Suspension of operation of a program of dental education at Marquette University or any successor organization.
b. Foreclosure of the mortgage by a private lender.
(d) If the state does not exercise the option to purchase the dental clinic and education facility, and if the facility is sold to any 3rd party, any agreement to sell the facility shall provide that the state has the right to receive an amount equal to the construction grant under par. (b) from the net proceeds of any such sale after the mortgage has been satisfied and all other secured debts have been paid. This right shall be paramount to the right of Marquette University to the proceeds upon such sale.
9,3im
Section 3im. 13.48 (33) of the statutes is created to read:
13.48 (33) Swiss cultural center. (a) The building commission may authorize up to $1,000,000 in general fund supported borrowing to aid in the construction of a Swiss cultural center in the village of New Glarus. The state funding commitment under this paragraph shall be in the form of a grant to an organization known as the Swiss Cultural Center. Before approving any such state funding commitment, the building commission shall determine that the organization known as the Swiss Cultural Center has secured additional funding at least equal to $2,000,000 from nonstate donations for the purpose of constructing a Swiss cultural center in the village of New Glarus.
(b) If the building commission authorizes a grant to the organization known as the Swiss Cultural Center under par. (a) and if, for any reason, the facility that is constructed with funds from the grant is not used as a Swiss cultural center in the village of New Glarus, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.
9,3ip
Section 3ip. 13.48 (34) of the statutes is created to read:
13.48 (34) Debt increase for the construction of a youth activities center by the Milwaukee Police Athletic League. (a) The legislature finds and determines that preventing youth from engaging in delinquent behavior, encouraging positive moral development in youth and providing youth with opportunities for positive interaction with the police are statewide responsibilities of statewide dimension. The legislature also finds and determines that the youth of the city of Milwaukee are disproportionately represented in the state's juvenile correctional system and that, because those youth are so disproportionately represented, the state has a specific concern in preventing those youth from engaging in delinquent behavior, encouraging positive moral development in those youth and providing those youth with opportunities for positive interaction with the police. In addition, the legislature finds and determines that the Milwaukee Police Athletic League prevents that delinquent behavior, encourages that positive moral development and provides those opportunities for positive interaction through the recreational, educational, social and cultural activities that it provides for the youth of the greater Milwaukee community. The legislature, therefore, finds and determines that assisting the Milwaukee Police Athletic League in the construction of a youth activities center at which the Milwaukee Police Athletic League will provide recreational, educational, social and cultural activities for the youth of the greater Milwaukee community under the supervision of volunteer police officers of the city of Milwaukee will have a direct and immediate effect on that specific statewide concern and on those state responsibilities of statewide dimension.
(b) The building commission may authorize up to $1,000,000 in general fund supported borrowing to aid in the construction of a youth activities center by the Milwaukee Police Athletic League at the northeast corner of N. 24th Street and Burleigh Street in the city of Milwaukee. The state funding commitment for the construction of the center shall be in the form of a grant to the Milwaukee Police Athletic League. Before approving any state funding commitment for the center, the building commission shall determine that the Milwaukee Police Athletic League has secured additional funding at least equal to $4,074,000 from nonstate donations for the purpose of constructing the youth activities center.
(c) If the building commission authorizes a grant to the Milwaukee Police Athletic League under par. (b) and if, for any reason, the facility that is constructed with funds from the grant is not used as a youth activities center, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.
9,3j
Section 3j. 13.485 (2) of the statutes is amended to read:
13.485 (2) The building commission may, under s. 18.56 (5) and (9) (j) ss. 18.561 and 18.562, deposit in a separate and distinct fund, outside the state treasury, in an account maintained by a trustee, fees and charges derived from the facilities or from agreements entered into under sub. (4). The fees and charges deposited are the trustee's moneys in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the fees and charges to the repayment of revenue obligations issued under this section.
