2005 Wisconsin Act 25

25,61 Section 61. 16.27 (3) (e) 3. of the statutes is amended to read:

16.27 (3) (e) 3. Except as provided under subd. 6., allocate the balance of funds received under 42 USC 8621 to 8629 in a federal fiscal year, after making the allocations under pars. (c) and (d) and subds. 1. and 2. subd. 1., for the payment of heating assistance or for the payment of crisis assistance under sub. (6).

25,62 Section 62. 16.40 (14) of the statutes is amended to read:

16.40 (14) Committees. Perform administrative services required to properly account for the finances of committees created by law or executive order. The governor may authorize each committee to make expenditures from the appropriation under s. 20.505 (4) (ba) (1) (ka) not exceeding $2,000 per fiscal year. The governor shall report such authorized expenditures to the joint committee on finance at the next quarterly meeting of the committee. If the governor desires to authorize expenditures of more than $2,000 per fiscal year by a committee, the governor shall submit to the joint committee on finance for its approval a complete budget for all expenditures made or to be made by the committee. The budget may cover a period encompassing more than one fiscal year or biennium during the governor's term of office. If the joint committee on finance approves a budget authorizing expenditures of more than $2,000 per fiscal year by such a committee, the governor may authorize the expenditures to be made within the limits of the appropriation under s. 20.505 (4) (ba) (1) (ka) in accordance with the approved budget during the period covered by the budget. If after the joint committee on finance approves a budget for such a committee the governor desires to authorize expenditures in excess of the authorized expenditures under the approved budget, the governor shall submit a modified budget for the committee to the joint committee on finance. If the joint committee on finance approves a modified budget, the governor may authorize additional expenditures to be made within the limits of the appropriation under s. 20.505 (4) (ba) (1) (ka) in accordance with the modified budget during the period covered by the modified budget.

25,62m Section 62m. 16.40 (17) of the statutes is amended to read:

16.40 (17) Interstate bodies. Perform administrative services required to properly account for dues and related expenses for state participation in national or regional interstate governmental bodies specified in s. 20.505 (4) (ba) (1) (ka) or determined by the governor.

25,63 Section 63. 16.43 of the statutes is amended to read:

16.43 Budget compiled. The secretary shall compile and submit to the governor or the governor-elect and to each person elected to serve in the legislature during the next biennium, not later than November 20 of each even-numbered year, a compilation giving all of the data required by s. 16.46 to be included in the state budget report, except the recommendations of the governor and the explanation thereof. The secretary shall not include in the compilation any provision for the development or implementation of an information technology development project for an executive branch agency that is not consistent with the strategic plan of the agency, as approved under s. 16.976. The secretary may distribute the budget compilation in printed or optical disk format.

25,64 Section 64. 16.45 of the statutes is amended to read:

16.45 Budget message to legislature. In each regular session of the legislature, the governor shall deliver the budget message to the 2 houses in joint session assembled. Unless a later date is requested by the governor and approved by the legislature in the form of a joint resolution, the budget message shall be delivered on or before the last Tuesday in January of the odd-numbered year. With the message the governor shall transmit to the legislature, as provided in ss. 16.46 and 16.47, the biennial state budget report and the executive budget bill or bills together with suggestions for the best methods for raising the needed revenues. The governor may distribute the biennial state budget report in printed or optical disk format.

25,65 Section 65. 16.46 (5m) of the statutes is repealed and recreated to read:

16.46 (5m) A statement of estimated general purpose revenue receipts and expenditures in the biennium following the succeeding biennium based on recommendations in the budget bill or bills.

25,65m Section 65m. 16.465 of the statutes is amended to read:

16.465 Budget stabilization Taxpayer protection fund reallocations. The secretary may reallocate moneys in the budget stabilization taxpayer protection fund to other funds in the manner provided in s. 20.002 (11). No interest may be assessed to the general fund on account of such a reallocation.

25,66 Section 66. 16.50 (1) (b) of the statutes is amended to read:

16.50 (1) (b) This subsection does not apply to appropriations under ss. 20.255 (2) (ac) and (r), 20.835, and 20.865 (4).

25,66m Section 66m. 16.50 (7) (b) of the statutes is amended to read:

16.50 (7) (b) Following such notification, the governor shall submit a bill containing his or her recommendations for correcting the imbalance between projected revenues and authorized expenditures, including a recommendation as to whether moneys should be transferred from the budget stabilization taxpayer protection fund to the general fund. If the legislature is not in a floorperiod at the time of the secretary's notification, the governor shall call a special session of the legislature to take up the matter of the projected revenue shortfall and the governor shall submit his or her bill for consideration at that session.

25,67 Section 67. 16.505 (3m) of the statutes is repealed.

25,68a Section 68a. 16.518 (title) of the statutes is amended to read:

16.518 (title) Transfers to the budget stabilization taxpayer protection fund and the cash building projects fund.

25,68g Section 68g. 16.518 (3) (a) of the statutes is amended to read:

16.518 (3) (a) Subject to par. (b), if the amount of moneys projected to be deposited in the general fund during the fiscal year that are designated as "Taxes" in the summary is less than the amount of such moneys actually deposited in the general fund during the fiscal year, the secretary shall annually transfer from the general fund to the budget stabilization taxpayer protection fund 50% of the amount calculated under sub. (2).

25,68i Section 68i. 16.518 (3) (b) 1. of the statutes is repealed.

25,68j Section 68j. 16.518 (3) (b) 2. of the statutes is renumbered 16.518 (3) (b).

25,72 Section 72. 16.52 (10) of the statutes is amended to read:

16.52 (10) Department of public instruction. The provisions of sub. (2) with respect to refunds and sub. (5) (a) with respect to reimbursements for the prior fiscal year shall not apply to the appropriations appropriation under s. 20.255 (2) (ac) and (r).

25,78m Section 78m. 16.528 (5) of the statutes is amended to read:

16.528 (5) Reports of interest paid. Annually before October 1, each agency shall report to the department the number of times in the previous fiscal year the agency paid interest under this section, the total amount of interest paid and the reasons why interest payments were not avoided by making timely payment. This subsection does not apply to the Board of Regents of the University of Wisconsin System.

25,79 Section 79. 16.529 of the statutes is repealed and recreated to read:

16.529 Lapses and fund transfers relating to unfunded retirement liability debt service. (1) The definitions in s. 20.001 are applicable in this section, except that "state agency" does not include the department of employee trust funds or the investment board.

(2) Beginning in the 2007-09 fiscal biennium, during each fiscal biennium the secretary shall lapse to the general fund or transfer to the general fund from each state agency appropriation specified in sub. (3) an amount equal to that portion of the total amount of principal and interest to be paid on obligations issued under s. 16.527 during the fiscal biennium that is allocable to the appropriation, as determined under sub. (3).

(3) The secretary shall determine the amounts of the allocations required under sub. (2) as follows:

(a) The secretary shall first determine the total amount of Wisconsin retirement system contributions that are to be paid by the state under s. 40.05 during the fiscal biennium.

(b) The secretary shall then determine the percentage of the total amount determined under par. (a) that is allocable to each state agency appropriation from which Wisconsin retirement system contributions under s. 40.05 are paid. The secretary shall exclude from this determination any appropriation from which a lapse or transfer to pay any principal or interest amount on obligations issued under s. 16.527 would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse or transfer would violate the federal or state constitution.

(c) For each appropriation identified under par. (b) , the secretary shall then apply the percentage calculated under par. (b) to the total amount of principal and interest to be paid during the fiscal biennium on obligations issued under s. 16.527. This amount is the portion of the total amount of principal and interest paid on the obligations during that fiscal biennium that is allocable to each appropriation .

25,80 Section 80. 16.54 (2) (b) of the statutes is amended to read:

16.54 (2) (b) Upon presentation by the department to the joint committee on finance of alternatives to the provisions under s. 16.27, the joint committee on finance may revise the eligibility criteria under s. 16.27 (5), or benefit payments under s. 16.27 (6) or the amount allocated for crises under s. 16.27 (3) (e) 2., and the department shall implement those revisions. Benefits or eligibility criteria so revised shall take into account and be consistent with the requirements of federal regulations promulgated under 42 USC 8621 to 8629. If funds received under 42 USC 8621 to 8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, the department shall submit to the joint committee on finance a plan for expenditure of the funds. The department may not use the funds unless the committee approves the plan.

25,81 Section 81. 16.56 of the statutes is created to read:

16.56 Grain inspection funding. On June 30 of each fiscal year, the department shall determine whether the accumulated expenses for the inspection and certification of grain under s. 93.06 (1m) have exceeded the accumulated revenues from conducting that inspection and certification as of that date. If so, immediately before the end of the fiscal year, the department shall transfer the unencumbered balances in the appropriation accounts under s. 20.115 (1) (a), (2) (a), (3) (a), (7) (a), and (8) (a), up to the amount of the excess, to the appropriation account under s. 20.115 (1) (h).

25,81m Section 81m. 16.71 (1m) of the statutes is amended to read:

16.71 (1m) The department shall not delegate to any executive branch agency, other than the board of regents of the University of Wisconsin System, the authority to enter into any contract for materials, supplies, equipment, or contractual services relating to information technology or telecommunications prior to review and approval of the contract by the department. No executive branch agency, other than the board of regents of the University of Wisconsin System, may enter into any such contract without review and approval of the contract by the department. Any delegation to the board of regents of the University of Wisconsin System is subject to the limitations prescribed in s. 36.11 (49).

25,81p Section 81p. 16.72 (4) (b) of the statutes is amended to read:

16.72 (4) (b) The department shall promulgate rules for the declaration as surplus of supplies, materials and equipment in any agency and for the transfer to other agencies or for the disposal by private or public sale of supplies, materials and equipment. Except as provided in s. 51.06 (6), in either case, the department shall deposit the net proceeds in the budget stabilization taxpayer protection fund, except that the department shall transfer any supplies, materials or equipment declared to be surplus to the department of tourism, upon request of the department of tourism, at no cost, if the transfer is permitted by the agency having possession of the supplies, materials or equipment.

25,81r Section 81r. 16.75 (1) (a) 1. of the statutes is amended to read:

16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment, and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8), (9), and (10m) and ss. 16.73 (4) (a), 16.751, 16.754, 16.964 (8), 50.05 (7) (f), 153.05 (2m) (a), and 287.15 (7), and 301.265, shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

25,83m Section 83m. 16.84 (1) of the statutes is amended to read:

16.84 (1) Have charge of, operate, maintain and keep in repair the state capitol building, the executive residence, the light, heat and power plant, the state office buildings and their power plants, the grounds connected therewith, and such other state properties as are designated by law. All costs of such operation and maintenance shall be paid from the appropriations under s. 20.505 (5) (ka) and (kb), except for debt service costs paid under s. 20.866 (1) (u). The department shall transfer moneys from the appropriation under s. 20.505 (5) (ka) to the appropriation account under s. 20.505 (5) (kc) sufficient to make principal and interest payments on state facilities and payments to the United States under s. 13.488 (1) (m).

25,85 Section 85. 16.848 of the statutes is created to read:

16.848 Sale of certain state property. (1) Except as provided in sub. (2) and subject to sub. (3), the department may sell any state-owned real property, if the department determines that the sale is in the best interest of the state. The sale may be either on the basis of public bids, with the department reserving the right to reject any bid in the interest of the state, or negotiated prices.

(2) (a) Subsection (1) does not authorize the closure or sale of any facility or institution the operation of which is provided for by law.

(b) Subsection (1) does not apply to property under the jurisdiction of the board of regents of the University of Wisconsin System.

(c) Subsection (1) does not apply to property sold by the department under s. 16.98 (3).

(d) Subsection (1) does not apply to lands under the jurisdiction of the board of commissioners of public lands.

(e) Subsection (1) does not apply to property under the jurisdiction of the department of natural resources, except central or district office facilities.

(f) Subsection (1) does not apply to lands acquired with revenues collected under s. 70.58.

(g) Subsection (1) does not apply to property that is subject to sale by the department of veterans affairs under s. 45.32 (7).

(h) The department shall not sell any property under this section that is leased by the state until the lease expires or the lease is modified, renewed, or extended, whichever first occurs, without consent of the lessee.

(3) The department shall not sell any state property under sub. (1) unless the sale is approved by the building commission under 2005 Wisconsin Act .... (this act), section 9101 (4) (b).

(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: