2011 Wisconsin Act 32

32,16d Section 16d. 11.518 of the statutes is repealed.

32,16e Section 16e. 11.522 of the statutes is repealed.

32,16f Section 16f. 11.60 (4) of the statutes is amended to read:

11.60 (4) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (h), 5.08, and 5.081, actions under this section or s. 11.517 may be brought by the board or by the district attorney for the county where the defendant resides or, if the defendant is a nonresident, by the district attorney for the county where the violation is alleged to have occurred. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.

32,17c Section 17c. 11.61 (2) of the statutes is amended to read:

11.61 (2) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (i), 5.08, and 5.081, all prosecutions under this section or s. 11.518 shall be conducted by the district attorney for the county where the defendant resides or, if the defendant is a nonresident, by the district attorney for the county where the violation is alleged to have occurred. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.

32,19m Section 19m. 13.099 (1) (a) of the statutes is amended to read:

13.099 (1) (a) "Department" means the department of commerce administration.

32,20 Section 20. 13.099 (1) (b) of the statutes is amended to read:

13.099 (1) (b) "State housing strategy plan" means the plan developed under s. 560.9802 16.302.

32,21 Section 21. 13.099 (2) (a) of the statutes is amended to read:

13.099 (2) (a) If any bill that is introduced in either house of the legislature directly or substantially affects the development, construction, cost, or availability of housing in this state, the department shall prepare a report on the bill within 30 days after it is introduced. The department may request any information from other state agencies, local governments or individuals, or organizations that is reasonably necessary for the department to prepare the report.

32,25 Section 25. 13.099 (3) (a) 5. of the statutes is amended to read:

13.099 (3) (a) 5. Housing costs, as defined in s. 560.9801 16.301 (3) (a) and (b).

32,33 Section 33. 13.40 of the statutes is repealed.

32,35 Section 35. 13.48 (2) (b) 1m. of the statutes is amended to read:

13.48 (2) (b) 1m. The University of Wisconsin System may not accept any gift, grant or bequest of real property with a value in excess of $30,000 $150,000 or any gift, grant or bequest of a building or structure that is constructed for the benefit of the system or any institution thereof without the approval of the building commission.

32,39 Section 39. 13.48 (2) (b) 4. of the statutes is repealed.

32,41 Section 41. 13.48 (2) (d) of the statutes is amended to read:

13.48 (2) (d) The building commission, for the purpose of carrying out s. 36.33 relating to the sale and purchase of agricultural lands of the University of Wisconsin, may authorize the advance of sums from the state building trust fund for the purchase price, including option payments, of agricultural lands to be acquired by the University of Wisconsin and for expenses incurred in selling agricultural lands presently owned by the University of Wisconsin, including, without limitation because of enumeration, expenses of surveying, platting, constructing and improving streets and utilities and drainage in such a way as to realize the greatest return to the state in the sale of such lands, and other selling expenses. All such sums advanced shall be repaid to the state building trust fund from the appropriation made by s. 20.285 (1) (ka) (gb).

32,43 Section 43. 13.48 (2) (j) of the statutes is repealed.

32,44p Section 44p. 13.48 (3) of the statutes is amended to read:

13.48 (3) State building trust fund. In the interest of the continuity of the program, the moneys appropriated to the state building trust fund under s. 20.867 (2) (f) shall be retained as a nonlapsing building depreciation reserve. Such moneys shall be deposited into the state building trust fund. At such times as the building commission directs, or in emergency situations under s. 16.855 (16) (b), the governor shall authorize releases from this fund to become available for projects and shall direct the department of administration to allocate from this fund such amounts as are approved for these projects. In issuing such directions, the building commission shall consider the cash balance in the state building trust fund, the necessity and urgency of the proposed improvement, employment conditions and availability of materials in the locality in which the improvement is to be made. The building commission may authorize any project costing $500,000 $760,000 or less in accordance with priorities to be established by the building commission and may adjust the priorities by deleting, substituting or adding new projects as needed to reflect changing program needs and unforeseen circumstances. The building commission may enter into contracts for the construction of buildings for any state agency, except a project authorized under sub. (10) (c), and shall be responsible for accounting for all funds released to projects. The building commission may designate the department of administration or the agency for which the project is constructed to act as its representative in such accounting.

32,45 Section 45. 13.48 (4) of the statutes is amended to read:

13.48 (4) State agencies to report proposed projects. Each Whenever any state agency contemplating contemplates a project under this the state building program it shall report its proposed projects the project to the building commission. The report shall be made on such date and in such manner as the building commission prescribes. This subsection does not apply to projects identified in sub. (10) (c).

32,47 Section 47. 13.48 (10) (a) of the statutes is amended to read:

13.48 (10) (a) No Except as provided in par. (c), no state board, agency, officer, department, commission, or body corporate may enter into a contract for the construction, reconstruction, remodeling of, or addition to any building, structure, or facility, in connection with any building project which involves a cost in excess of $150,000 $185,000 without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. The building commission may not approve a contract for the construction, reconstruction, renovation or remodeling of or an addition to a state building as defined in s. 44.51 (2) unless it determines that s. 44.57 has been complied with or does not apply. This section applies to the department of transportation only in respect to buildings, structures, and facilities to be used for administrative or operating functions, including buildings, land, and equipment to be used for the motor vehicle emission inspection and maintenance program under s. 110.20.

32,49 Section 49. 13.48 (10) (c) of the statutes is created to read:

13.48 (10) (c) Paragraph (a) does not apply to any contract for a building project involving a cost of less than $500,000 to be constructed for the University of Wisconsin System that is funded entirely from the proceeds of gifts and grants made to the system.

32,50g Section 50g. 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 during the period beginning on October 27, 2007, and ending on June 30, 2009, and the period beginning on July 1, 2009, the term does not include the Board of Regents of the University of Wisconsin System.

32,50h Section 50h. 13.48 (14) (am) of the statutes is amended to read:

13.48 (14) (am) Subject Except as provided in this paragraph and subject to par. (d), the building commission shall have the authority to sell or lease all or any part of a state-owned building or structure or state-owned land, including farmland, where such authority is not otherwise provided to an agency by law, and may transfer land under its jurisdiction among agencies. The building commission does not have the authority to sell or lease any state-owned property under this paragraph after the department of administration notifies the commission in writing that an offer of sale or sale with respect to a property is pending under s. 16.848 (1). If the sale is not completed and no further action is pending with respect to the property, the authority of the building commission under this paragraph is restored.

32,52 Section 52. 13.48 (29) of the statutes is amended to read:

13.48 (29) Small projects. Except as otherwise required under s. 16.855 (10m), the building commission may prescribe simplified policies and procedures to be used in lieu of the procedures provided in s. 16.855 for any project that does not require prior approval of the building commission under sub. (10) (a), except projects specified in sub. (10) (c).

32,56g Section 56g. 13.48 (32) (b) (intro.) of the statutes is amended to read:

13.48 (32) (b) (intro.) The building commission may authorize up to $15,000,000 $23,000,000 of general fund supported borrowing to aid in the construction of a dental clinic and education facility at Marquette University. The state funding commitment for the construction of the facility shall be in the form of a construction grant to Marquette University. Before approving any state funding commitment for such a facility and before awarding the construction grant to Marquette University, the building commission shall determine that all of the following conditions have been met:

32,56h Section 56h. 13.48 (32) (b) 1. of the statutes is amended to read:

13.48 (32) (b) 1. Marquette University has secured additional funding commitments of at least $15,000,000 $23,000,000 from nonstate revenue sources, the nonstate revenue sources are reasonable and available and the total funding commitments of the state and the nonstate sources will permit Marquette University to enter into contracts for the construction of the dental clinic and education facility.

32,56p Section 56p. 13.48 (40m) of the statutes is created to read:

13.48 (40m) Lac du Flambeau Indian Tribal Cultural Center. (a) The legislature finds and determines that the Lac du Flambeau Band of Lake Superior Chippewa has played a vital part in the course of Wisconsin history and has contributed in countless and significant ways to the cultural richness and diversity of this state. Moreover, the legislature finds and determines that Wisconsin citizens, including students, can benefit from learning more about the history and the culture of the Lac du Flambeau Band of Lake Superior Chippewa. It is therefore in the public interest, and it is the public policy of this state, to assist the Lac du Flambeau Band of Lake Superior Chippewa in the construction of a tribal cultural center.

(b) The building commission may authorize up to $250,000 in general fund supported borrowing to aid in the construction of a tribal cultural center for the Lac du Flambeau Band of Lake Superior Chippewa. The state funding commitment shall be in the form of a grant to the Lac du Flambeau Band of Lake Superior Chippewa. Before approving any state funding commitment under this paragraph, the building commission shall determine that the Lac du Flambeau Band of Lake Superior Chippewa has secured at least $1,373,000 in additional funding from nonstate donations for the project.

(c) If the building commission authorizes a grant to the Lac du Flambeau Band of Lake Superior Chippewa under par. (b) and if, for any reason, the facility that is constructed with funds from the grant is not used as a tribal cultural center, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.

32,59 Section 59. 13.489 (1m) (f) of the statutes is created to read:

13.489 (1m) (f) This subsection does not apply to major highway projects described in s. 84.013 (1) (a) 2m.

32,60 Section 60. 13.489 (4) (d) of the statutes is created to read:

13.489 (4) (d) This subsection does not apply to major highway projects described in s. 84.013 (1) (a) 2m.

32,61 Section 61. 13.489 (4m) of the statutes is created to read:

13.489 (4m) Review of high-cost major highway projects. (a) Notwithstanding sub. (4), for any major highway project described in s. 84.013 (1) (a) 2m., the department of transportation shall submit a report to the commission, prior to construction of the project, which report may request the commission's approval to proceed with the project. The department may submit this request at any time following completion by the department of a draft environmental impact statement or environmental assessment for the project.

(b) After receiving a request under par. (a) for approval to proceed with a major highway project described in s. 84.013, the commission shall meet to approve, approve with modifications, or disapprove the request. The department may implement the request only as approved by the commission, including approval after modification by the commission.

(c) The department of transportation may not proceed with construction of a major highway project described in s. 84.013 (1) (a) 2m. unless the project is approved by the commission as provided in par. (b).

(d) The procedures specified in this subsection shall apply to all major highway projects described in s. 84.013 (1) (a) 2m. in lieu of the procedures described in sub. (4).

32,63 Section 63. 13.625 (9) of the statutes is amended to read:

13.625 (9) This section does not apply to the solicitation, acceptance, or furnishing of anything of pecuniary value by the department of commerce Wisconsin Economic Development Corporation, or to a principal furnishing anything of pecuniary value to the department of commerce Wisconsin Economic Development Corporation, under s. 19.56 (3) (e) or (f) for the activities specified in s. 19.56 (3) (e).

32,65 Section 65. 13.94 (1) (dp) of the statutes is created to read:

13.94 (1) (dp) In addition to any other audit to be performed under this section relating to veterans homes, perform one or more financial audits of the operation of the Wisconsin Veterans Home at Chippewa Falls by any private entity with which the department of veterans affairs enters into an agreement under s. 45.50 (2m) (c). The audit shall be performed at such time as the governor or legislature directs.

32,66 Section 66. 13.94 (1) (mm) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

13.94 (1) (mm) No later than July 1, 2012, prepare a financial and performance evaluation audit of the economic development programs administered by the department of commerce, the University of Wisconsin System, the department of agriculture, trade and consumer protection, the department of natural resources, the Wisconsin Housing and Economic Development Authority, the Wisconsin Economic Development Corporation, the department of tourism, the technical college system, and the department of transportation. In this paragraph, economic development program has the meaning given in s. 560.001 (1m) 23.167 (1). The legislative audit bureau shall file a copy of the report of the audit under this paragraph with the distributees specified in par. (b).

32,67 Section 67. 13.94 (1) (ms) of the statutes is amended to read:

13.94 (1) (ms) No later than July 1, 2014, prepare a financial and performance evaluation audit of the economic development tax benefit program under ss. 560.701 to 560.706 238.301 to 238.306. The legislative audit bureau shall file a copy of the report of the audit under this paragraph with the distributees specified in par. (b).

32,68 Section 68. 13.94 (1) (n) of the statutes is amended to read:

13.94 (1) (n) Provide periodic performance audits of any division of the department of commerce safety and professional services that is responsible for inspections of multifamily housing under s. 101.973 (11).

32,73 Section 73. 14.165 (2) of the statutes is amended to read:

14.165 (2) Recommendations. The department of administration, department of commerce safety and professional services, and public service commission shall make recommendations to the governor for awards under sub. (1).

32,74 Section 74. 14.57 of the statutes is renumbered 15.105 (25m), and 15.105 (25m) (intro.) and (a), as renumbered, are amended to read:

15.105 (25m) Same; attached boards College savings program board. (intro.) There is created a college savings program board that is attached to the office of the state treasurer department of administration under s. 15.03 and that consists of all of the following members:

(a) The state treasurer secretary of administration or his or her designee.

32,74m Section 74m. 14.58 (20) of the statutes is repealed.

32,75 Section 75. 14.63 of the statutes is renumbered 16.64, and 16.64 (2) (intro.) and (b), (3) (a), (c) and (d), (4), (5) (b) (intro.), (6) (a) 5. and (b), (7) (a) (intro.), 4. and 5. and (b), (7m) (a) (intro.), (b) and (c), (9), (10) (a) and (b), (12) (title), (a) (intro.) and (b) (intro.) and (13), as renumbered, are amended to read:

16.64 (2) Weighted average tuition; tuition unit cost. (intro.) Annually, the state treasurer department and the board jointly shall determine all of the following:

(b) The price of a tuition unit, which shall be valid for a period determined jointly by the state treasurer department and the board. The price shall be sufficient to ensure the ability of the state treasurer department to meet his or her its obligations under this section. To the extent possible, the price shall be set so that the value of the tuition unit in the anticipated academic year of its use will be equal to 1% of the weighted average tuition for that academic year plus the costs of administering the program under this section attributable to the unit.

(3) (a) An individual, trust, legal guardian, or entity described under 26 USC 529 (e) (1) (C) may enter into a contract with the state treasurer department for the sale of tuition units on behalf of a beneficiary.

(c) The state treasurer department may charge a purchaser an enrollment fee.

(d) The state treasurer department shall promulgate rules authorizing a person who has entered into a contract under this subsection to change the beneficiary named in the contract.

(4) Number of tuition units purchased. A person who enters into a contract under sub. (3) may purchase tuition units at any time and in any number, or may authorize a parent, grandparent, great-grandparent, aunt, or uncle of the beneficiary to purchase tuition units, except that the total number of tuition units purchased on behalf of a single beneficiary may not exceed the number necessary to cover tuition, fees and the costs of room and board, books, supplies and equipment required for enrollment or attendance of the beneficiary at an institution of higher education.

(5) (b) (intro.) Upon request by the beneficiary, the state treasurer department shall pay to the institution or beneficiary, whichever is appropriate, in each semester of attendance the lesser of the following:

(6) (a) 5. Other circumstances determined by the state treasurer department to be grounds for termination.

(b) The state treasurer department may terminate a contract under sub. (3) if any of the tuition units purchased under the contract remain unused 10 years after the anticipated academic year of the beneficiary's initial enrollment in an institution of higher education, as specified in the contract.

(7) (a) (intro.) Except as provided in sub. (7m), the state treasurer department shall do all of the following:

4. If a contract is terminated under sub. (6) (a) 5., refund to the person who entered into the contract the amount under subd. 2. or under subd. 3., as determined by the state treasurer department.

5. If the beneficiary is awarded a scholarship, tuition waiver or similar subsidy that cannot be converted into cash by the beneficiary, refund to the person who entered into the contract, upon the person's request, an amount equal to the value of the tuition units that are not needed because of the scholarship, waiver or similar subsidy and that would otherwise have been paid by the state treasurer department on behalf of the beneficiary during the semester in which the beneficiary is enrolled.

(b) The state treasurer department shall determine the method and schedule for the payment of refunds under this subsection.

(7m) (a) (intro.) The state treasurer department may adjust the value of a tuition unit based on the actual earnings attributable to the tuition unit less the costs of administering the program under this section that are attributable to the tuition unit if any of the following applies:

(b) The state treasurer department may not increase the value of a tuition unit under par. (a) to an amount that exceeds the value of a tuition unit that was purchased at a similar time, held for a similar period and used or refunded in the anticipated academic year of the beneficiary's attendance, as specified in the contract.

(c) The state treasurer department may promulgate rules imposing or increasing penalties for refunds under sub. (7) (a) if the state treasurer department determines that such rules are necessary to maintain the status of the program under this section as a qualified state tuition program under section 529 of the Internal Revenue Code, as defined in s. 71.01 (6).

(9) Contract with actuary. The state treasurer department shall contract with an actuary or actuarial firm to evaluate annually whether the assets in the tuition trust fund are sufficient to meet the obligations of the state treasurer department under this section and to advise the state treasurer department on setting the price of a tuition unit under sub. (2) (b).

(10) (a) Annually, the state treasurer department shall submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3), on the program under this section. The report shall include any recommendations for changes to the program that the state treasurer department determines are necessary to ensure the sufficiency of the tuition trust fund to meet the state treasurer's department's obligations under this section.

(b) The state treasurer department shall submit a quarterly report to the state investment board projecting the future cash flow needs of the tuition trust fund. The state investment board shall invest moneys held in the tuition trust fund in investments with maturities and liquidity that are appropriate for the needs of the fund as reported by the state treasurer department in his or her its quarterly reports. All income derived from such investments shall be credited to the fund.

(12) (title) Additional duties and powers of the state treasurer. (a) (intro.) The state treasurer department shall do all of the following: