2005 Wisconsin Act 25

(1) Identify state land use goals and recommend these goals to the governor.

(2) Identify state land use priorities to further the state's land use goals and recommend to the governor legislation to implement these priorities.

(3) Study areas of cooperation and coordination in the state's land use statutes and recommend to the governor legislation to harmonize these statutes to further the state's land use goals.

(4) Study areas of the state's land use statutes that conflict with each other and recommend to the governor legislation to resolve these conflicts to further the state's land use goals.

(5) Identify areas of the state's land use statutes that conflict with county or municipal land use ordinances, and areas of county or municipal land use ordinances that conflict with each other, and recommend to the governor legislation to resolve these conflicts.

(6) Establish a state agency resource working group that is composed of representatives of the departments of administration; agriculture, trade and consumer protection; commerce; natural resources; revenue; transportation; and other appropriate agencies to discuss, analyze, and address land use issues and related policy issues, including the following:

(a) Gathering information about the land use plans of state agencies.

(b) Establishing procedures for the distribution of the information gathered under par. (a) to other state agencies, local units of government, and private persons.

(c) Creating a system to facilitate, and to provide training and technical assistance for the development of, local intergovernmental land use planning.

(7) Study the activities of local units of government in the land use area to determine how these activities impact on state land use goals, and recommend to the governor legislation that fosters coordination between local land use activities and state land use goals.

(8) Identify procedures for facilitating local land use planning efforts, including training and technical assistance for local units of government, and recommend to the governor legislation to implement such procedures.

(9) Gather and analyze information about the land use activities in this state of the federal government and American Indian governments and inform the governor of the impact of these activities on state land use goals.

(10) Study any other issues that are reasonably related to the state's land use goals, including methods for alternative dispute resolution for disputes involving land use issues, and recommend to the governor legislation in the areas studied by the department that would further the state's land use goals.

(11) Gather information about land use issues in any reasonable way, including the following:

(a) Establishing a state-local government-private sector working group to study and advise the department on land use issues.

(b) Holding public hearings or information meetings on land use issues.

(c) Conducting surveys on land use issues.

(d) Consulting with any person who is interested in land use issues.

25,93m Section 93m. 16.969 (2) (a) of the statutes is amended to read:

16.969 (2) (a) An annual impact fee in an amount equal to 0.3% of the cost net book value of the high-voltage transmission line, as determined by the commission under s. 196.491 (3) (gm).

25,94 Section 94. 16.971 (17) of the statutes is created to read:

16.971 (17) Provide educational agencies that are eligible for a rate discount on telecommunications services under 47 USC 254 with additional telecommunications access under s. 16.998 and contract with telecommunications providers to provide that access.

25,94m Section 94m. 16.972 (2) (a) of the statutes is amended to read:

16.972 (2) (a) Provide such telecommunications services to agencies as the department considers to be appropriate. An agency may use telecommunications services, including data and voice over Internet services, provided to the agency by or through the department only for the purpose of carrying out its functions. No agency may offer, resell, or provide telecommunications services, including data and voice over Internet services, that are available from a private telecommunications carrier to the general public or to any other public or private entity except pursuant to a consortium agreement that is in effect on June 1, 2005, to provide services to member organizations .

25,94n Section 94n. 16.972 (2) (b) of the statutes is amended to read:

16.972 (2) (b) Provide Except as provided in par. (a), provide such computer services and telecommunications services to local governmental units and the broadcasting corporation and provide such telecommunications services to qualified private schools, postsecondary institutions, museums and zoos, as the department considers to be appropriate and as the department can efficiently and economically provide. The department may exercise this power only if in doing so it maintains the services it provides at least at the same levels that it provides prior to exercising this power and it does not increase the rates chargeable to users served prior to exercise of this power as a result of exercising this power. The department may charge local governmental units, the broadcasting corporation, and qualified private schools, postsecondary institutions, museums and zoos, for services provided to them under this paragraph in accordance with a methodology determined by the department. Use of telecommunications services by a qualified private school or postsecondary institution shall be subject to the same terms and conditions that apply to a municipality using the same services. The department shall prescribe eligibility requirements for qualified museums and zoos to receive telecommunications services under this paragraph.

25,95 Section 95. 16.993 (9) of the statutes is repealed.

25,96 Section 96. 16.995 (3m) of the statutes is amended to read:

16.995 (3m) Public debt repayment. To the extent that sufficient moneys for the provision of educational telecommunications access under s. 16.997 are available in the appropriation account under s. 20.505 (4) (mp) after payment of the administrative expenses specified in s. 20.505 (4) (mp), the department shall use those available moneys to reimburse s. 20.505 (4) (es) and (et) for the payment of principal and interest costs incurred in financing educational technology infrastructure financial assistance under this section and to make full payment of the amounts determined by the building commission under s. 13.488 (1) (m).

25,97 Section 97. 16.997 (2) (a) of the statutes is renumbered 16.997 (2) (a) (intro.) and amended to read:

16.997 (2) (a) (intro.) Allow an educational agency to make a request to the department for access to either one data line or one video link, except that any as follows:

1. Any educational agency may request access to additional data lines if the agency shows to the satisfaction of the department that the additional data lines are more cost-effective than a single data line and except that a.

2. A school district that operates more than one high school or a public library board that operates more than one library facility may request access to both a data line and a video link and access to more than one data line or video link.

25,98 Section 98. 16.997 (2) (a) 3. of the statutes is created to read:

16.997 (2) (a) 3. An educational agency that is eligible for a rate discount on telecommunications services under 47 USC 254 may request access to additional data lines and video links and to increased bandwidth access as provided in s. 16.998.

25,99 Section 99. 16.997 (2) (b) of the statutes is amended to read:

16.997 (2) (b) Establish eligibility requirements for an educational agency to participate in the program established under sub. (1) and to receive additional telecommunications access under s. 16.998, including a requirement that a charter school sponsor use data lines and video links to benefit pupils attending the charter school and a requirement that Internet access to material that is harmful to children, as defined in s. 948.11 (1) (b), is blocked on the computers of secured correctional facilities that are served by data links and video links subsidized under this section.

25,100 Section 100. 16.997 (2) (c) of the statutes is amended to read:

16.997 (2) (c) Establish specifications for data lines and video links for which access is provided to an educational agency under the program established under sub. (1) or for which additional access is provided to an educational agency under s. 16.998.

25,101 Section 101. 16.997 (2) (f) of the statutes is amended to read:

16.997 (2) (f) Ensure that secured correctional facilities that receive access under this section to data lines and video links use them or that receive additional access under s. 16.998 to data lines, video links, and bandwidth use those data lines and video links and that bandwidth only for educational purposes.

25,102 Section 102. 16.997 (2g) (intro.) of the statutes is amended to read:

16.997 (2g) (intro.) An educational agency that is provided access to a data line under the program established under sub. (1) or to an additional data line under s. 16.998 may not do any of the following:

25,103 Section 103. 16.997 (2r) (a) of the statutes is amended to read:

16.997 (2r) (a) A public library board that is provided access to a data line under the program established under sub. (1) or to an additional data line under s. 16.998 may enter into a shared service agreement with a political subdivision that provides the political subdivision with access to any excess bandwidth on the data line that is not used by the public library board, except that a public library board may not sell, resell, or transfer in consideration for money or anything of value to a political subdivision access to any excess bandwidth. A shared service agreement under this paragraph is not valid unless the agreement allows the public library board to cancel the agreement at any time after providing notice to the political subdivision.

25,103m Section 103m. 16.997 (7) of the statutes is created to read:

16.997 (7) From the appropriation under s. 20.505 (4) (s), the department shall award $25,000 annually in grants to consortia of school districts that meet all of the following criteria for the purpose of developing and implementing a technology-enhanced high school curriculum:

(a) The curriculum is developed for and implemented through streaming video conferencing and online course work.

(b) The consortium includes high schools from at least 8 school districts.

(c) The participating school districts collectively contribute an amount equal to at least the amount of the grant received in the same fiscal year.

(d) The curriculum is made available to each high school participating in the consortium.

25,104 Section 104. 16.998 of the statutes is created to read:

16.998 Educational telecommunications; additional access. An educational agency that is eligible for a rate discount for telecommunications services under 47 USC 254 may request data lines, video links, and bandwidth access that is in addition to what is provided under the program under s. 16.997 (1). The department shall apply for aid under 47 USC 254 to cover the costs of the data lines, video links, and bandwidth access that are provided under this section and shall credit any aid received to the appropriation account under s. 20.505 (4) (mp). To the extent that the aid does not fully cover those costs, the department shall require an educational agency to pay the department a monthly fee that is sufficient to cover those costs and shall credit any monthly fee received to the appropriation account under s. 20.505 (4) (Lm).

25,115 Section 115. 18.55 (5) of the statutes is amended to read:

18.55 (5) Exercise of authority. Money may be borrowed and evidences of revenue obligation issued therefor pursuant to one or more authorizing resolutions, unless otherwise provided in the resolution or in this subchapter, at any time and from time to time, for any combination of purposes, in any specific amounts, at any rates of interest, for any term, payable at any intervals, at any place, in any manner and having any other terms or conditions deemed necessary or useful. Revenue obligation bonds may bear interest at variable or fixed rates, bear no interest or bear interest payable only at maturity or upon redemption prior to maturity. Unless sooner exercised or unless a shorter different period is provided in the resolution, every authorizing resolution, except as provided in s. 18.59 (1), shall expire one year after the date of its adoption.

25,116 Section 116. 18.61 (5) of the statutes is amended to read:

18.61 (5) The legislature may provide, with respect to any specific issue of revenue obligations, prior to their issuance, that if the special fund income or the enterprise or program income pledged to the payment of the principal and interest of the issue is insufficient for that purpose, or is insufficient to replenish a reserve fund, if applicable, it will consider supplying the deficiency by appropriation of funds, from time to time, out of the treasury. If the legislature so provides, the commission may make the necessary provisions therefor in the authorizing resolution and other proceedings of the issue. Thereafter, if the contingency occurs, recognizing its moral obligation to do so, the legislature hereby expresses its expectation and aspiration that it shall make such appropriation.

25,124 Section 124. 20.001 (2) (e) of the statutes is amended to read:

20.001 (2) (e) Federal revenues. Moneys "Federal revenues" consist of moneys received from the federal government, except that under s. 20.445 (3) (md) "federal revenues" also include moneys treated as refunds of expenditures, and under s. 20.445 (3) (me) "federal revenues" consist only of moneys treated as received from the federal government. Federal revenues may be deposited as program revenues in the general fund or as segregated revenues in a segregated fund. In either case they are indicated in s. 20.005 by the addition of "-F" after the abbreviation assigned under pars. (b) and (d).

25,126 Section 126. 20.001 (5) of the statutes is amended to read:

20.001 (5) Refunds of expenditures. Any amount not otherwise appropriated under this chapter that is received by a state agency as a result of an adjustment made to a previously recorded expenditure from a sum certain appropriation to that agency due to activities that are of a temporary nature or activities that could not be anticipated during budget development and which serves to reduce or eliminate the previously recorded expenditure in the same fiscal year in which the previously recorded expenditure was made, except as provided in s. 20.445 (3) (md), may, upon request of the agency, be designated by the secretary of administration as a refund of an expenditure. Except as otherwise provided in this subsection, the secretary of administration may designate an amount received by a state agency as a refund of an expenditure only if the agency submits to the secretary a written explanation of the circumstances under which the amount was received that includes a specific reference in a statutory or nonstatutory law to a function of the agency under which the amount was received and the appropriation from which the previously recorded expenditure was made. A refund of an expenditure shall be deposited by the receiving state agency in the appropriation account from which the previously recorded expenditure was made. Except as otherwise provided in this subsection, a state agency which proposes to make an expenditure from moneys designated as a refund of an expenditure shall submit to the secretary of administration a written explanation of the purpose of the expenditure, including a specific reference in a statutory or nonstatutory law to a function of the agency under which the expenditure is to be made and the appropriation from which the expenditure is to be made. After submission and approval of an estimate of the amount proposed to be expended under s. 16.50 (2), a state agency may expend the moneys received from the refund of the expenditure. The secretary of administration may waive submission of any explanation required by this subsection for categories of refunds of expenditures or proposed refunds of expenditures.

25,126e Section 126e. 20.002 (11) (a) of the statutes is amended to read:

20.002 (11) (a) All appropriations, special accounts and fund balances within the general fund or any segregated fund may be made temporarily available for the purpose of allowing encumbrances or financing expenditures of other general or segregated fund activities which do not have sufficient moneys in the accounts from which they are financed but have accounts receivable balances or moneys anticipated to be received from lottery proceeds, as defined in s. 25.75 (1) (c), tax revenues, gifts, grants, fees, sales of service, or interest earnings recorded under s. 16.52 (2). The secretary of administration shall determine the composition and allowability of the accounts receivable balances and anticipated moneys to be received for this purpose in accordance with s. 20.903 (2) and shall specifically approve the use of surplus moneys from the general or segregated funds after consultation with the appropriate state agency head for use by specified accounts or programs. The secretary of administration shall reallocate available moneys from the budget stabilization taxpayer protection fund under s. 16.465 prior to reallocating moneys from any other fund.

25,126m Section 126m. 20.002 (11) (b) 4. of the statutes is amended to read:

20.002 (11) (b) 4. This paragraph does not apply to reallocations from the budget stabilization taxpayer protection fund to the general fund.

25,127 Section 127. 20.003 (4) (intro.) of the statutes is amended to read:

20.003 (4) Required general fund balance. (intro.) No bill directly or indirectly affecting general purpose revenues as defined in s. 20.001 (2) (a) may be enacted by the legislature if the bill would cause the estimated general fund balance on June 30 of any fiscal year specified in this subsection, as projected under s. 20.005 (1), to be an amount equal to less than the following amounts for that fiscal year or percentage of the total general purpose revenue appropriations for that fiscal year plus any amount from general purpose revenue designated as "Compensation Reserves" for that fiscal year in the summary under s. 20.005 (1):

25,128 Section 128. 20.003 (4) (a) of the statutes is repealed.

25,129 Section 129. 20.003 (4) (b) of the statutes is repealed.

25,130 Section 130. 20.003 (4) (d) of the statutes is repealed.

25,131 Section 131. 20.003 (4) (e) of the statutes is repealed.

25,132 Section 132. 20.003 (4) (f) of the statutes is repealed.

25,133 Section 133. 20.003 (4) (fm) of the statutes is amended to read:

20.003 (4) (fm) For fiscal year 2005-06, $75,000,000 $65,000,000.

25,134 Section 134. 20.003 (4) (fr) of the statutes is created to read:

20.003 (4) (fr) For fiscal year 2006-07, $65,000,000.

25,135 Section 135. 20.003 (4) (ft) of the statutes is created to read:

20.003 (4) (ft) For fiscal year 2007-08, $65,000,000.

25,136 Section 136. 20.003 (4) (fv) of the statutes is created to read:

20.003 (4) (fv) For fiscal year 2008-09, $65,000,000.

25,137 Section 137. 20.003 (4) (g) of the statutes is amended to read:

20.003 (4) (g) For fiscal year 2006-07 2009-10 and each fiscal year thereafter, 2%.

25,137m Section 137m. 20.003 (4m) of the statutes is amended to read:

20.003 (4m) Required general fund structural balance. No bill may be adopted by the legislature if the bill would cause in any fiscal year the amount of moneys designated as "Total Expenditures" in the summary under s. 20.005 (1) for that fiscal year, less any amounts transferred to the budget stabilization taxpayer protection fund in that fiscal year, to exceed the sum of the amount of moneys designated as "Taxes" and "Departmental Revenues" in the summary under s. 20.005 (1) for that fiscal year.

25,138 Section 138. 20.005 (1) of the statutes is repealed and recreated to read:

20.005 (1) Summary of all funds. The budget governing fiscal operations for the state of Wisconsin for all funds beginning on July 1, 2005, and ending on June 30, 2007, is summarized as follows: [See Figure 20.005 (1) following]

Figure: 20.005 (1)