2005 Wisconsin Act 25

25,11 Section 11. 13.40 (3) (jm) of the statutes is created to read:

13.40 (3) (jm) An appropriation under s. 20.505 (1) (br).

25,12 Section 12. 13.40 (3m) (a) of the statutes is repealed.

25,13 Section 13. 13.40 (3m) (ae) of the statutes is created to read:

13.40 (3m) (ae) In this subsection, an "excluded appropriation" consists of all of the following:

1. State operations appropriations for the Board of Regents of the University of Wisconsin System.

2. Appropriations for fuel and utility costs.

3. An appropriation under s. 20.505 (1) (br).

4. An appropriation under s. 20.855 (4) (c) and (cm).

25,14 Section 14. 13.40 (3m) (am) of the statutes is amended to read:

13.40 (3m) (am) In addition to the limitations limitation under sub. (2) and par. (a), the amount appropriated from general purpose revenue for state operations in fiscal year 2005-06 and in fiscal year 2006-07,, less any excluded appropriation and excluding the estimated amount to be expended from general purpose revenue for debt service for that fiscal year, may not exceed the amount appropriated from general purpose revenue for state operations in fiscal year 2004-05, less any excluded appropriation and excluding the estimated amount to be expended from general purpose revenue for debt service for that fiscal year, as shown in the schedule under s. 20.005 (3) published in the 2003-04 Wisconsin Statutes, less $100,000,000.

25,15 Section 15. 13.40 (3m) (b) of the statutes is repealed.

25,15m Section 15m. 13.41 of the statutes is created to read:

13.41 Limit on expenditure of general fund revenues; taxpayer protection fund balances. (1) In this section:

(a) "Consumer price index" has the meaning given in s. 16.004 (8) (e) 1.

(b) "Compensation reserves" has the meaning given in s. 13.40 (1) (ad).

(c) "General fund revenues" means the sum of general fund tax receipts, departmental revenues deposited in the general fund without being credited to a program revenue account, and transfers to the general fund from other funds or from program revenue accounts.

(d) "General purpose revenue" has the meaning given for "general purpose revenues" in s. 20.001 (2) (a).

(e) "Prior year growth in the consumer price index" means the percentage change in the consumer price index between the calendar year in which the preceding fiscal year began and the calendar year in which the 2nd preceding fiscal year began, but not less than zero.

(f) "Prior year growth in state population" means the percentage change in the state population, as estimated under s. 16.96, between the calendar year in which the preceding fiscal year began and the calendar year in which the 2nd preceding fiscal year began, but not less than zero.

(g) "Program revenue" has the meaning given for "program revenues" in s. 20.001 (2) (b).

(2) Beginning in fiscal year 2007-08, the sum of appropriations from general purpose revenues, general fund compensation reserves, and transfers to other funds, minus estimated lapses from appropriations of general purpose revenues, as shown under s. 20.005 (1), in each fiscal year may not exceed the amount of the general fund revenues received by the state in the previous fiscal year increased by the sum of the prior year growth in the consumer price index, the prior year growth in state population, and 1 percent. The limitation imposed under this subsection is in addition to the limitation imposed under s. 13.40.

(3) Any general fund revenues in excess of the amount that may be budgeted for expenditure in any fiscal year under sub. (2) shall be deposited in the taxpayer protection fund at the end of the fiscal year. The amount deposited under this subsection includes any amount that is required to be transferred to the taxpayer protection fund under ss. 13.48 (14) (c), 16.518 (3), 16.72 (4) (b), and 16.848 (5m).

(4) Moneys in the taxpayer protection fund may only be appropriated upon a recommendation from the governor and an affirmative vote of three-fourths of the members voting in each house of the legislature.

(5) If the balance in the taxpayer protection fund at the end of any fiscal year exceeds 10 percent of the amount that may be budgeted for expenditure in that fiscal year under sub. (2), the amount in excess of 10 percent of the amount that may be budgeted for expenditure under sub. (2) shall be returned to taxpayers in the following fiscal year through a reduction in state income taxes, in a manner determined by the legislature by law.

25,16 Section 16. 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 s. 20.765 (1) (a) or (b) or (5) for actual and necessary expenses incurred as a member of the committee.

25,16m Section 16m. 13.48 (2) (k) 1. of the statutes is renumbered 13.48 (2) (k).

25,16n Section 16n. 13.48 (2) (k) 2. of the statutes is repealed.

25,16p Section 16p. 13.48 (7) of the statutes is renumbered 13.48 (7) (a).

25,16r Section 16r. 13.48 (7) (b) of the statutes is created to read:

13.48 (7) (b) In making recommendations for the long-range state building program in any fiscal biennium under par. (a), the building commission shall seek to recommend that any increase in general fund supported borrowing for the succeeding fiscal biennium not exceed an amount equal to $480,000,000, adjusted each fiscal biennium by any percentage change in construction costs, as determined by the building commission, and reduced by both of the following:

1. Any amount of general fund supported borrowing previously authorized by law, but the obligations for which may not be issued until the succeeding fiscal biennium.

2. Any amount of general fund supported borrowing for the succeeding fiscal biennium that is contained in the executive bill or bills introduced under s. 16.47 (1) for the succeeding fiscal biennium.

25,17 Section 17. 13.48 (14) (a) of the statutes is amended to read:

13.48 (14) (a) In this subsection, "agency" has the meaning given for "state agency" in s. 20.001 (1), except that prior to July 1, 2007, the term does not include the Board of Regents of the University of Wisconsin System.

25,17m Section 17m. 13.48 (14) (c) of the statutes is amended to read:

13.48 (14) (c) 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 building, structure or land 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 that debt. Except as provided in s. 51.06 (6), if there is no such debt outstanding, or, if the net proceeds exceed the amount required to repay that principal and pay that interest and premium, the building commission shall deposit the net proceeds or remaining net proceeds in the budget stabilization taxpayer protection fund.

25,18 Section 18. 13.48 (14) (d) 4. of the statutes is amended to read:

13.48 (14) (d) 4. If the commission proposes to sell or transfer a parcel of surplus land having a fair market value of at least $20,000, the commission shall notify the joint committee on finance in writing of its proposed action. If the cochairpersons of the committee do not notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer within 14 working days after the date of the commission's notification, the parcel may be sold or transferred by the commission. If, within 14 working days after the date of the commission's notification, the cochairpersons of the committee notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer, the parcel may be sold or transferred under this subdivision only upon approval of the committee. This subdivision does not apply to surplus land that is authorized to be sold under s. 16.848.

25,19 Section 19. 13.48 (22) of the statutes is amended to read:

13.48 (22) Sale or lease of capitol area lands. The building commission may lease or resell lands acquired in the capitol planning area for public or private redevelopment and may set such conditions of sale or lease as it deems necessary to ensure development compatible with the needs of the community and the state. This subsection does not apply to lands that are authorized to be sold under s. 16.848.

25,19e Section 19e. 13.48 (25r) of the statutes is created to read:

13.48 (25r) Wisconsin Institute for Discovery initiative. There is created a program, to be known as the Wisconsin Institute for Discovery initiative, for the purpose of providing financial support to attract federal and private funds to construct facilities for biotechnology, nanotechnology, and information technology education and research activities at the University of Wisconsin. Projects financed under the program shall be designed to provide computational and biological sciences education and research facilities, ancillary systems, and supporting infrastructure. Projects shall be financed from the appropriation under s. 20.866 (2) (z) or as otherwise provided in the authorized state building program.

25,19s Section 19s. 13.48 (37) of the statutes is created to read:

13.48 (37) Children's research institute. (a) The legislature finds and determines that there is a critical need for pediatric research to be conducted in the Milwaukee metropolitan area at a unified site and that state support for the construction of a children's research institute at a location that permits interconnection with functionally related facilities of the Medical College of Wisconsin, Inc., will contribute to the advancement of public health in this state. The legislature further finds that pediatric research is a statewide responsibility of statewide dimension. Because it will better ensure that this important responsibility is undertaken in the manner that is most advantageous to the people of this state, the legislature finds that it will have a direct and immediate effect on a matter of statewide concern for the state to facilitate the construction and operation of a children's research institute.

(b) The building commission may authorize up to $10,000,000 in general fund supported borrowing to make a grant to the Children's Hospital and Health System for construction of a children's research institute in the city of Wauwatosa. Before approving any state funding commitment for the construction of the institute and before awarding the grant, the building commission shall determine that the Children's Hospital and Health System has secured additional funding commitments of at least $30,000,000 from nonstate revenue sources for construction of the institute.

(c) If, for any reason, the facility that is constructed with funds from the grant under par. (b) is not used as a children's research institute in the city of Wauwatosa, or the institute is not operated to conduct pediatric research, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.

25,20 Section 20. 13.50 (6) (am) of the statutes is amended to read:

13.50 (6) (am) The cochairpersons of the joint survey committee on retirement systems or the cochairpersons of the joint committee on finance, with respect to any bill or amendment specified in par. (a), or the presiding officer of either house of the legislature, with respect to any bill or amendment specified in par. (a) that is pending in his or her house, may make a determination, based on any available information, that the bill or amendment may have a significant fiscal impact on the costs, actuarial balance or goals of the Wisconsin Retirement System and order the attachment of an independent actuarial opinion on such impact. The cochairpersons or presiding officer ordering such an opinion shall direct the staff under sub. (4) to obtain the opinion. The staff shall make payment for the opinion from the appropriation under s. 20.765 (2) (ab) or (5).

25,21 Section 21. 13.56 (2) of the statutes is amended to read:

13.56 (2) Participation in certain proceedings. The cochairpersons of the joint committee for review of administrative rules or their designated agents shall accept service made under ss. 227.40 (5) and 806.04 (11). If the committee determines that the legislature should be represented in the proceeding, it shall request the joint committee on legislative organization to designate the legislature's representative for the proceeding. The costs of participation in the proceeding shall be paid equally from the appropriations under s. 20.765 (1) (a) and (b) or shall be paid from the appropriation under s. 20.765 (5), if applicable, except that such costs incurred by the department of justice shall be paid from the appropriation under s. 20.455 (1) (d).

25,22 Section 22. 13.57 (3) of the statutes is amended to read:

13.57 (3) All expenses under sub. (1) shall be reimbursed from the appropriation under s. 20.765 (1) (a) or (b) or (5).

25,23 Section 23. 13.81 (6) of the statutes is amended to read:

13.81 (6) Reimbursement for special studies. At the end of each fiscal year, the general fund shall be reimbursed, from any other state fund, the amounts actually expended by the joint legislative council under s. 20.765 (3) (e) or (5) for the cost of making and publishing surveys and analyses of activities and policies related to such funds. The council shall bill such state funds at the end of each fiscal year for the costs so incurred, in accordance with cost records maintained by the council.

25,24 Section 24. 13.81 (8) of the statutes is amended to read:

13.81 (8) Conference on legislative procedures. Following each general election, the joint legislative council shall sponsor a conference to acquaint new legislators or legislators-elect with legislative procedures. Expenses for the conference shall be paid from the appropriation under s. 20.765 (3) (e) or (5).

25,25 Section 25. 13.83 (3) (c) 1. of the statutes is amended to read:

13.83 (3) (c) 1. The joint legislative council shall pay the expenses incurred by the members appointed under par. (b) 1., in performing their functions on the special committee, from the appropriation under s. 20.765 (3) (e) or (5).

25,27 Section 27. 13.90 (2) of the statutes is amended to read:

13.90 (2) The cochairpersons of the joint committee on legislative organization or their designated agent shall accept service made under s. 806.04 (11). If the committee, the senate organization committee or the assembly organization committee, determines that the legislature should be represented in the proceeding, that committee shall designate the legislature's representative for the proceeding. The costs of participation in the proceeding shall be paid equally from the appropriations under s. 20.765 (1) (a) and (b) or shall be paid from the appropriation under s. 20.765 (5), if applicable, except that such costs incurred by the department of justice shall be paid from the appropriation under s. 20.455 (1) (d).

25,28 Section 28. 13.90 (4) of the statutes is amended to read:

13.90 (4) The cochairpersons of the joint committee on legislative organization shall authorize payment of fees entitling the legislature to membership in national organizations from the appropriation under s. 20.765 (3) (fa) or (5).

25,30 Section 30. 13.93 (2) (k) of the statutes is amended to read:

13.93 (2) (k) Pay, from the appropriation under s. 20.765 (3) (a) or (5), the expenses of attendance at meetings of members of the Commission on Uniform State Laws who are appointed by the governor.

25,31 Section 31. 13.94 (1m) of the statutes is amended to read:

13.94 (1m) Independent experts. The legislative audit bureau may contract for the services of such independent professional or technical experts as deemed necessary to carry out the statutory duties and functions of the bureau within the limits of the amount provided under s. 20.765 (3) (c) or (5); and, in the case of postaudits involving the performance and program accomplishments of a department, shall contract for the services of such subject matter and program specialists from any state or federal agency or public institution of higher learning as deemed necessary by the joint committee on legislative organization.

25,32 Section 32. 13.95 (1m) of the statutes is repealed and recreated to read:

13.95 (1m) Duties of the bureau; biennial budget bill. (a) In this subsection, "version of the biennial budget bill or bills" means the executive biennial budget bill or bills, as modified by an amendment offered by the joint committee on finance, as engrossed by the first house, as concurred in and amended by the 2nd house or as nonconcurred in by the 2nd house, or as reported by any committee on conference.

(b) The legislative fiscal bureau shall prepare a statement of estimated general purpose revenue receipts and expenditures in the biennium following the succeeding biennium based on recommendations in each version of the biennial budget bill or bills.

25,32m Section 32m. 14.019 (2) of the statutes is amended to read:

14.019 (2) Effect of appropriation. Subsection (1) continues to apply to any nonstatutory committee created by the governor even if a part of its expenses is later defrayed from state funds, whether under the general appropriation of s. 20.505 (4) (ba) (1) (ka) or under an appropriation enacted specifically for the purposes of such committee.

25,33 Section 33. 14.38 (10) (c) of the statutes is amended to read:

14.38 (10) (c) Publish in the official state newspaper within 10 days after the date of publication of an act a notice certifying the number of each act, the number of the bill from which it originated, the date of publication and the relating clause. Each certificate shall also contain a notice of where the full text of each act can be obtained. Costs under this paragraph shall be charged to the appropriation under s. 20.765 (1) (d) or (5).

25,37 Section 37. 14.90 (2) of the statutes is amended to read:

14.90 (2) The members of the commission shall serve without compensation but shall be reimbursed from the appropriation under s. 20.505 (4) (ba) (1) (ka) for actual and necessary expenses incurred in the performance of their duties. The commission has the powers granted and the duties imposed under s. 39.80.

25,38b Section 38b. 14.90 (3) of the statutes is amended to read:

14.90 (3) From the appropriation under s. 20.505 (4) (ba) (1) (ka), the department of administration shall pay the costs of membership in and costs associated with the midwestern higher education compact.

25,40 Section 40. 15.01 (2) of the statutes is amended to read:

15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members, and the parole commission which shall consist of 8 members, and the Fox River management commission which shall consist of 7 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (27) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7), and (9).

25,40m Section 40m. 15.01 (4) of the statutes is amended to read:

15.01 (4) "Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Wisconsin land council has the powers specified in s. 16.965 (3) and (5) and the powers granted to agencies under ch. 227, the Milwaukee River revitalization council has the powers and duties specified in s. 23.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), and the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24.

25,41g Section 41g. 15.07 (1) (b) 23. of the statutes is created to read:

15.07 (1) (b) 23. Cemetery board.

25,41m Section 41m. 15.07 (1) (cm) of the statutes is amended to read:

15.07 (1) (cm) The term of one member of the ethics board shall expire on each May 1. The terms of 3 members of the development finance board appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the members of the cemetery board shall expire on July 1 in an even-numbered year.

25,41r Section 41r. 15.07 (1) (cs) of the statutes is amended to read:

15.07 (1) (cs) No member of the auctioneer board, cemetery board, real estate appraisers board, or real estate board may be an officer, director, or employee of a private organization that promotes or furthers any profession or occupation regulated by that board.