2005 Wisconsin Act 25

(4) Except as provided in s. 13.48 (14) (e), if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold under sub. (1), the department shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the department shall pay to the federal government any of the net proceeds required by federal law. If the property was acquired by gift or grant or acquired with gift or grant funds, the department shall adhere to any restriction governing use of the proceeds. Except as required under sub. (5m) and ss. 13.48 (14) (e), 20.395 (9) (qd), and 51.06 (6), if there is no such debt outstanding, there are no moneys payable to the federal government, and there is no restriction governing use of the proceeds, and if the net proceeds exceed the amount required to be deposited, paid, or used for another purpose under this subsection, the department shall deposit the net proceeds or remaining net proceeds in the general fund.

(5m) If the net proceeds or the remaining net proceeds of property sales under sub. (4) exceed $36,000,000 in the 2005-07 fiscal biennium, the department shall deposit the excess amount in the taxpayer protection fund.

25,85g Section 85g. 16.85 (4) of the statutes is repealed.

25,85m Section 85m. 16.891 of the statutes is created to read:

16.891 Reports on cost of occupancy of state facilities. (1) In this section:

(a) "Agency" has the meaning given in s. 16.70 (1e).

(b) "Total cost of occupancy" means the cost to operate and maintain the physical plant of a building, structure, or facility, including administrative costs of an agency attributable to operation and maintenance of a building, structure, or facility, together with any debt service costs associated with the building, structure, or facility, computed in the manner prescribed by the department.

(2) Except as provided in sub. (4), each agency shall report to the department no later than October 1 of each year concerning the total cost of occupancy of each state-owned building, structure, and facility, excluding public highways and bridges, under the jurisdiction of the agency for the preceding fiscal year. The report shall be made in a format prescribed by the department. Beginning in 2009, if a building, structure, or facility is a part of an institution, the agency having jurisdiction of the institution shall also include in its report the total cost of occupancy of all of the buildings, structures, and facilities within the institution.

(3) No later than December 1 of each year, the department shall compile the information received under sub. (2) and transmit a consolidated report to the building commission on the total cost of occupancy of all buildings, structures, and facilities included in the reports filed under sub. (2), itemized for each building, structure, and facility. The report shall include, for each building, structure, or facility, the recommendations of the department concerning the desired total cost of occupancy for that building, structure, or facility.

(4) The department may exempt an agency from compliance with the reporting requirement under sub. (2) with respect to any building, structure, or facility that the department determines to have a minimal total cost of occupancy.

25,85r Section 85r. 16.895 of the statutes is repealed.

25,87d Section 87d. 16.896 of the statutes is created to read:

16.896 Sale or contractual operation of state-owned heating, cooling, and power plants and wastewater treatment facilities. (1) Except as provided in 2005 Wisconsin Act .... (this act), section 9101 (4), and notwithstanding ss. 13.48 (14) (am) and 16.705 (1), no later than April 1, 2007, the department shall sell each state-owned heating, cooling, and power plant and wastewater treatment facility or shall contract with a private entity for the operation of each such plant or facility for the period beginning no later than April 1, 2007. Notwithstanding ss. 196.49 and 196.80, no approval or certification of the public service commission is necessary for a public utility to purchase, or contract for the operation of, such a plant or facility.

(2) If there is any outstanding public debt used to finance the acquisition, construction, or improvement of any plant or facility that is sold under sub. (1), the department shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the department shall repay to the federal government any of the net proceeds required by federal law.

(3) Except as provided in s. 51.06 (6), if there is no such debt outstanding or there are no moneys payable to the federal government, or if the net proceeds exceed the amount required to be deposited or paid under sub. (2), the department shall deposit the net proceeds or remaining net proceeds in the taxpayer protection fund.

(4) If the department proposes to sell any property under sub. (1) having a fair market value of at least $20,000, the department shall notify the joint committee on finance in writing of its proposed action. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed sale within 14 working days after the date of the department's notification, the property may be sold by the department. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed sale, the property may be sold under sub. (1) only upon approval of the committee.

(5) Any contract entered into under sub. (1) (a) for the initial operation of a state-owned heating, cooling, or power plant or wastewater treatment facility that was operated by the state prior to the effective date of the contract shall require the contractor to offer employment to those state employees who performed services at the plant or facility and whose positions were terminated as the result of the contract.

25,87h Section 87h. 16.90 of the statutes is repealed.

25,87k Section 87k. 16.91 of the statutes is repealed.

25,87L Section 87L. 16.93 (2) and (3) of the statutes are amended to read:

16.93 (2) Except as provided in sub. (3), any agency, with the approval of the department, may sell fuel, or water, sewage treatment service, electricity, heat or chilled water to another agency, a federal agency, a local government or a private entity.

(3) Prior to contracting for the sale of any fuel or extending any water, sewage treatment, electrical, heating or chilled water service to a new private entity after August 9, 1989, an agency shall contact each public utility that serves the area in which the private entity is located and that is engaged in the sale of the same fuel or utility water service. If a public utility so contacted objects to the proposed sale and commits to provide the fuel or water service, the agency shall not contract for the sale.

25,87m Section 87m. 16.964 (1) (i) of the statutes is created to read:

16.964 (1) (i) Apply for contracts and receive and expend moneys and grants from the federal government related to homeland security.

25,87p Section 87p. 16.964 (4) of the statutes is repealed.

25,87t Section 87t. 16.964 (6) (a) of the statutes is renumbered 165.91 (1) and amended to read:

165.91 (1) In this subsection section, "tribe" means a federally recognized American Indian tribe or band in this state.

25,87u Section 87u. 16.964 (6) (b) of the statutes is renumbered 165.91 (2) and amended to read:

165.91 (2) From the appropriation under s. 20.505 (6) (ks) 20.455 (2) (kw), the office department shall provide grants to tribes to fund tribal law enforcement operations. To be eligible for a grant under this subsection section, a tribe must submit an application for a grant to the office department that includes a proposed plan for expenditure of the grant moneys. The office department shall review any application and plan submitted to determine whether that application and plan meet the criteria established under par. (c) sub. (3). The office department shall review the use of grant money provided under this subsection section to ensure that the money is used according to the approved plan.

25,87v Section 87v. 16.964 (6) (c) of the statutes is renumbered 165.91 (3) and amended to read:

165.91 (3) The office department shall develop criteria and procedures for use in administering this subsection section. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.

25,88b Section 88b. 16.964 (7) of the statutes is renumbered 165.89, and 165.89 (1) (intro.), (2) and (3), as renumbered, are amended to read:

165.89 (1) (intro.) From the appropriation under s. 20.505 (6) (kq) 20.455 (2) (kq), the office department shall provide grants to counties to fund county law enforcement services. The office department may make a grant to a county under this subsection section only if all of the following apply:

(2) The office department shall review an application and plan submitted under par. (a) 4. sub. (1) (d) to determine if the application and plan meet the requirements of par. (a) 1. to 3. sub. (1) (a) to (c) and the criteria established under par. (c) sub. (3). The office department may not award an annual grant in excess of $50,000 to any county under this subsection section.

(3) The office department shall develop criteria and procedures for use in administering this subsection section. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.

25,88k Section 88k. 16.964 (8) (a) of the statutes is renumbered 301.265 (1) and amended to read:

301.265 (1) From the appropriations under s. 20.505 (6) 20.410 (3) (d) and (kj), the office department shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs. Notwithstanding s. 16.75, the office department may enter into a contract under this paragraph subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

25,88m Section 88m. 16.964 (8) (b) of the statutes is renumbered 301.265 (2) and amended to read:

301.265 (2) From the appropriation under s. 20.505 (6) (km) 20.410 (3) (ky), the office department may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under par. (a) sub. (1) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.

25,88p Section 88p. 16.964 (8) (c) of the statutes is renumbered 301.265 (3) and amended to read:

301.265 (3) From the appropriations under s. 20.505 (6) 20.410 (3) (d) and (kj), the office department shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 1 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.410 (3) (kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization that is located in ward 3 of the city of Racine to provide services in Racine County , for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 1 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the office department may enter into a contract under this paragraph subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

25,89 Section 89. 16.964 (9) of the statutes is repealed.

25,90m Section 90m. 16.964 (12) of the statutes is created to read:

16.964 (12) (a) In this subsection, "violent offender" means a person to whom one of the following applies:

1. The person has been charged with or convicted of an offense in a pending case and, during the course of the offense, the person carried, possessed, or used a dangerous weapon, the person used force against another person, or a person died or suffered serious bodily harm.

2. The person has one or more prior convictions for a felony involving the use or attempted use of force against another person with the intent to cause death or serious bodily harm.

(b) The office shall make grants to counties to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The office shall make the grants from the appropriations under s. 20.505 (6) (b) and (ku). The office shall collaborate with the departments of corrections and health and family services in establishing this grant program.

(c) A county shall be eligible for a grant under par. (b) if all of the following apply:

1. The county's program is designed to meet the needs of a person who abuses alcohol or other drugs and who may be or has been charged with or who has been convicted of a crime in that county related to the person's use or abuse of alcohol or other drugs.

2. The program is designed to promote public safety, reduce prison and jail populations, reduce prosecution and incarceration costs, reduce recidivism, and improve the welfare of participants' families by meeting the comprehensive needs of participants.

3. The program establishes eligibility criteria for a person's participation. The criteria shall specify that a violent offender is not eligible to participate in the program.

4. Services provided under the program are consistent with evidence-based practices in substance abuse and mental health treatment, as determined by the department of health and family services, and the program provides intensive case management.

5. The program uses graduated sanctions and incentives to promote successful substance abuse treatment.

6. The program provides holistic treatment to its participants and provides them services that may be needed, as determined under the program, to eliminate or reduce their use of alcohol or other drugs, improve their mental health, facilitate their gainful employment or enhanced education or training, provide them stable housing, facilitate family reunification, ensure payment of child support, and increase the payment of other court-ordered obligations.

7. The program is designed to integrate all mental health services provided to program participants by state and local government agencies and other organizations. The program shall require regular communication among a participant's substance abuse treatment providers, other service providers, the case manager, and any person designated under the program to monitor the person's compliance with his or her obligations under the program and any probation, extended supervision, and parole agent assigned to the participant.

8. The program provides substance abuse and mental health treatment services through providers that are certified by the department of health and family services.

9. The program requires participants to pay a reasonable amount for their treatment, based on their income and available assets, and pursues and uses all possible resources available through insurance and federal, state, and local aid programs, including cash, vouchers, and direct services.

10. The program is developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local law enforcement officials, county agencies responsible for providing social services, including services relating to alcohol and other drug addiction, child welfare, mental health, and the Wisconsin Works program, the departments of corrections and health and family services, private social services agencies, and substance abuse treatment providers.

11. The county complies with other eligibility requirements established by the office to promote the objectives listed in subds. 1. and 2.

(d) In implementing a program that meets the requirements of par. (c), a county department may contract with or award grants to a religious organization under s. 59.54 (27).

(e) 1. A county that receives a grant under this subsection shall create an oversight committee to advise the county in administering and evaluating its program. Each committee shall consist of a circuit court judge, the district attorney or his or her designee, the state public defender or his or her designee, a local law enforcement official, a representative of the county, a representative of each other county agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the departments of corrections and health and family services, a representative from private social services agencies, a representative of substance abuse treatment providers, and other members to be determined by the county.

2. A county that receives a grant under this subsection shall comply with state audits and shall submit an annual report to the office and to the oversight committee created under subd. 1. regarding the impact of the program on jail and prison populations and its progress in attaining the goals specified in par. (c) 2. and 6.

(f) Two or more counties may jointly apply for and receive a grant under this subsection. If counties submit a joint application, they shall include with their application a written agreement specifying each county department's role in developing, administering, and evaluating the program. The oversight committee established under par. (e) 1. shall consist of representatives from each county.

(g) Grants provided under this subsection shall be provided on a calendar year basis beginning on January 1, 2007. If the office decides to make a grant to a county under this subsection, the office shall notify the county of its decision and the amount of the grant no later than September 1 of the year preceding the year for which the grant will be made.

(h) The office shall assist a county receiving a grant under this subsection in obtaining funding from other sources for its program.

(i) The office shall inform any county that is applying for a grant under this subsection whether the county meets the requirements established under par. (c), regardless of whether the county receives a grant.

(j) The office shall enter into one or more contracts with another person for the purpose of evaluating the grant program established under this subsection. The office shall fund such contracts from moneys appropriated under s. 20.505 (6) (b) and (ku) with 1 percent of the amount awarded as grants under par. (b).

(k) By December 31, 2011, the office, in collaboration with the departments of corrections and health and family services, shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under section 13.172 (3), regarding savings that have been generated through the implementation of the grant program. The report shall also include recommendations regarding how the grant program should be structured in the future.

25,90t Section 90t. 16.965 of the statutes is repealed.

25,90u Section 90u. 16.9651 of the statutes is repealed.

25,91 Section 91. 16.966 of the statutes is repealed and recreated to read:

16.966 Geographic information systems. The department may develop and maintain geographic information systems relating to land in this state for the use of governmental and nongovernmental units.

25,92 Section 92. 16.967 of the statutes is repealed and recreated to read:

16.967 Land information program. (1) Definitions. In this section:

(a) "Agency" has the meaning given in s. 16.70 (1e).

(b) "Land information" means any physical, legal, economic, or environmental information or characteristics concerning land, water, groundwater, subsurface resources, or air in this state. "Land information" includes information relating to topography, soil, soil erosion, geology, minerals, vegetation, land cover, wildlife, associated natural resources, land ownership, land use, land use controls and restrictions, jurisdictional boundaries, tax assessment, land value, land survey records and references, geodetic control networks, aerial photographs, maps, planimetric data, remote sensing data, historic and prehistoric sites, and economic projections.

(c) "Land information system" means an orderly method of organizing and managing land information and land records.

(d) "Land records" means maps, documents, computer files, and any other information storage medium in which land information is recorded.

(e) "Systems integration" means land information that is housed in one jurisdiction or jurisdictional subunit and is available to other jurisdictions, jurisdictional subunits, public utilities, and other private sector interests.

(3) Duties of department. The department shall direct and supervise the land information program and serve as the state clearinghouse for access to land information. In addition, the department shall:

(a) Provide technical assistance and advice to state agencies and local governmental units with land information responsibilities.

(b) Maintain and distribute an inventory of land information available for this state, land records available for this state, and land information systems.

(c) Prepare guidelines to coordinate the modernization of land records and land information systems.

(d) Review project applications received under sub. (7) and determine which projects are approved.

(e) Review for approval a countywide plan for land records modernization prepared under s. 59.72 (3) (b).

(4) Funding report. The department shall identify and study possible program revenue sources or other revenue sources for the purpose of funding the operations of the land information program, including grants to counties under sub. (7).

(5) Fee revenue. From the fee revenue received by the department under s. 59.72 (5) (a), the department shall annually deposit the lessor of $2,000,000 or the amount received in the general fund. From any remaining revenue, the department shall credit the amounts appropriated under s. 20.505 (1) (ie) to that appropriation account and shall then credit any remaining revenue to the appropriation account under s. 20.505 (1) (ij).

(6) Reports. By March 31 of each year, the department of administration, the department of agriculture, trade and consumer protection, the department of commerce, the department of health and family services, the department of natural resources, the department of tourism, the department of revenue, the department of transportation, the board of regents of the University of Wisconsin System, the public service commission, and the board of curators of the historical society shall each submit to the department a plan to integrate land information to enable such information to be readily translatable, retrievable, and geographically referenced for use by any state, local governmental unit, or public utility. Upon receipt of this information, the department shall integrate the information to enable the information to be used to meet land information data needs. The integrated information shall be readily translatable, retrievable, and geographically referenced to enable members of the public to use the information.

(7) Aid to counties. (a) A county board that has established a county land information office under s. 59.72 (3) may apply to the department on behalf of any local governmental unit, as defined in s. 59.72 (1) (c), located wholly or partially within the county for a grant for any of the following projects: