Amendment ASA1-AB133

In order to facilitate amendment drafting and the enrolling process, separate section numbers and headings appear for each type of provision and for each state agency, even if there are no provisions included in that section number and heading. Section numbers and headings for which there are no provisions will be deleted in enrolling and will not appear in the published act.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB133-ASA1, s. 1b Section 1b. 1.13 of the statutes is created to read:

AB133-ASA1,3,2 1.13 Land use planning activities. (1) In this section:

AB133-ASA1,3,3 (a) "Local governmental unit" has the meaning given in s. 1.12 (1) (a).

AB133-ASA1,3,4 (b) "State agency" has the meaning given in s. 1.12 (1) (b).

AB133-ASA1,3,6 (2) Each state agency shall ensure that, consistently with other laws, the actions of the agency are designed to further the following goals:

AB133-ASA1,4,3 (a) Promotion of the redevelopment of lands with existing infrastructure and public services and the maintenance and rehabilitation of existing residential, commercial and industrial structures.

AB133-ASA1,4,5 (b) Encouragement of neighborhood designs that support a range of transportation choices.

AB133-ASA1,4,7 (c) Protection of natural areas, including wetlands, wildlife habitats, lakes, woodlands, open spaces and groundwater resources.

AB133-ASA1,4,9 (d) Protection of economically productive areas, including farmland and forests.

AB133-ASA1,4,12 (e) Encouragement of land uses, densities and regulations that promote efficient development patterns and relatively low municipal, state governmental and utility costs.

AB133-ASA1,4,13 (f) Preservation of cultural, historic and archaeological sites.

AB133-ASA1,4,15 (g) Encouragement of coordination and cooperation among nearby units of government.

AB133-ASA1,4,17 (h) Building of community identity by maintaining physical separation between urban areas, revitalizing main streets and enforcing design standards.

AB133-ASA1,4,19 (i) Providing an adequate supply of affordable housing for individuals of all income levels throughout each community.

AB133-ASA1,4,22 (j) Providing adequate infrastructure and public services and an adequate supply of developable land to meet existing and future market demand for residential, commercial and industrial uses.

AB133-ASA1,4,24 (k) Promoting the expansion or stabilization of the current economic base and the creation of a range of employment opportunities.

AB133-ASA1,4,25 (L) Balancing individual property rights with community interests and goals.

AB133-ASA1,5,2 (m) Planning and development of land uses that create or preserve varied and unique urban and rural communities.

AB133-ASA1,5,6 (3) Each state agency shall ensure that, consistently with other laws, whenever it administers a law under which a local governmental unit prepares a plan, the actions of the local governmental unit under the plan are designed to further the goals specified in sub. (2), to the extent applicable.

AB133-ASA1, s. 1c Section 1c. 6.92 (intro.) of the statutes is renumbered 6.92 and amended to read:

AB133-ASA1,5,16 6.92 Inspector making challenge. Each inspector shall challenge for cause any person offering to vote whom the inspector knows or suspects is not a qualified elector. If a person is challenged as unqualified by an inspector, one of the inspectors shall administer the following oath or affirmation to the person: "You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding your place of residence and qualifications as an elector of this election"; and shall then ask those of the following questions which are appropriate as determined by the board, by rule, to test the person's qualifications:.

AB133-ASA1, s. 1g Section 1g. 6.92 (1) to (6) of the statutes are repealed.

AB133-ASA1, s. 1h Section 1h. 6.925 (intro.) of the statutes is renumbered 6.925 and amended to read:

AB133-ASA1,6,6 6.925 Elector making challenge in person. Any elector may challenge for cause any person offering to vote whom the elector knows or suspects is not a qualified elector. If a person is challenged as unqualified by an elector, one of the inspectors may administer the oath or affirmation to the challenged elector under s. 6.92 and ask the challenged elector the questions under that section which are appropriate to test the elector's qualifications. In addition, one of the inspectors shall administer the following oath or affirmation to the challenging elector: "You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding the challenged person's place of residence and qualifications as an elector of this election"; and shall then ask those of the following questions which are appropriate as determined by the board, by rule, to test the qualifications of the challenged elector:.

AB133-ASA1, s. 1j Section 1j. 6.925 (1) to (6) of the statutes are repealed.

AB133-ASA1, s. 1k Section 1k. 13.101 (4a) of the statutes is repealed.

AB133-ASA1, s. 1m Section 1m. 13.101 (4b) of the statutes is repealed.

AB133-ASA1, s. 1p Section 1p. 13.101 (4g) of the statutes is repealed.

AB133-ASA1, s. 1r Section 1r. 13.101 (4i) of the statutes is created to read:

AB133-ASA1,6,17 13.101 (4i) (a) The department of natural resources and the department of agriculture, trade and consumer protection shall present to the committee a schedule for transferring funds from the appropriation account under s. 20.370 (6) (aa) to the appropriation account under s. 20.115 (7) (c) or from the appropriation account under s. 20.370 (6) (aq) to the appropriation account under s. 20.115 (7) (qd), or both, for the purpose of providing funding under s. 92.14 (3) (a).

AB133-ASA1,7,3 (b) The committee may transfer funds as provided in the schedule under par. (a). If the committee transfers funds from the appropriation account under s. 20.370 (6) (aa) to the appropriation account under s. 20.115 (7) (c) in a fiscal year, the amounts in the schedule under s. 20.005 for the appropriation under s. 20.370 (6) (aa) for that fiscal year are decreased by the amount of the transfer. If the committee transfers funds from the appropriation account under s. 20.370 (6) (aq) to the appropriation account under s. 20.115 (7) (qd) in a fiscal year, the amounts in the schedule under s. 20.005 for the appropriation under s. 20.370 (6) (aq) for that fiscal year are decreased by the amount of the transfer and the amounts in the schedule under s. 20.005 for the appropriation under s. 20.115 (7) (qd) for that fiscal year are increased by the amount of the transfer.

AB133-ASA1, s. 1t Section 1t. 13.101 (11) of the statutes is amended to read:

AB133-ASA1,7,8 13.101 (11) The committee may approve a clean water fund program interest rate change as specified under s. 281.58 (12) (f), an urban storm water loan program interest rate change as specified in s. 281.595 (11) (b) or a safe drinking water loan program interest rate change as specified under s. 281.61 (11) (b).

AB133-ASA1, s. 1v Section 1v. 13.101 (15) of the statutes is created to read:

AB133-ASA1,7,17 13.101 (15) Notwithstanding sub. (3) (a), if the department of administration requests the joint committee on finance to supplement the appropriation under s. 20.505 (1) (ku) from the appropriation under s. 20.865 (4) (g), the committee may supplement the appropriation by not more than $500,000 in any fiscal year to provide a grant to one or more eligible counties if the committee finds that the proposed grantee or grantees are eligible to receive a grant under s. 16.18. Notwithstanding sub. (3) (a), no finding of emergency is required for the committee to act in accordance with this subsection.

AB133-ASA1, s. 2r Section 2r. 13.48 (7) of the statutes is amended to read:

AB133-ASA1,8,2 13.48 (7) Biennial recommendations. The building commission shall prepare and formally adopt recommendations for the long-range state building program on a biennial basis. Unless a later date is requested by the building commission and approved by the joint committee on finance, the building commission shall, no later than the first Tuesday in April of each odd-numbered year, transmit its the report prepared by the department of administration under s. 16.40 (20) and the commission's recommendations for the succeeding fiscal biennium that require legislative approval to the joint committee on finance in the form of proposed legislation prepared in proper form.

AB133-ASA1, s. 2s Section 2s. 13.48 (14) (e) of the statutes is amended to read:

AB133-ASA1,8,9 13.48 (14) (e) If the state office building located at 3319 West Beltline highway in Dane county is sold by the state, the building commission shall ensure that the transferee pays $476,228 from the proceeds of the sale to the Wisconsin Public Broadcasting Foundation, if the foundation exists at the time of the transfer and if the secretary of administration does not transfer title to the building under s. 39.87 (2) (a) 2.

AB133-ASA1, s. 2t Section 2t. 13.48 (15) of the statutes is amended to read:

AB133-ASA1,8,14 13.48 (15) Acquisition of leasehold interests. The Subject to the requirements of s. 20.924 (1) (im) and (j), the building commission shall have the authority to acquire leasehold interests in land and buildings where such authority is not otherwise provided to an agency by law.

AB133-ASA1, s. 3e Section 3e. 13.48 (19) of the statutes is renumbered 13.48 (19) (a) and amended to read:

AB133-ASA1,9,2 13.48 (19) (a) Whenever the building commission determines that the use of innovative types of design and construction processes will make better use of the resources and technology available in the building industry, the building commission may waive any or all of s. 16.855 if such action is in the best interest of the state and if the waiver is accomplished through formal action of the building commission. The Subject to the requirements of par. (b) and s. 20.924 (1) (i) and (j), the building commission may authorize the lease, lease purchase or acquisition of such facilities constructed in the manner authorized by the building commission. The Subject to the requirements of par. (b) and s. 20.924 (1) (i), the building commission may also authorize the lease, lease purchase or acquisition of existing facilities in lieu of state construction of any project enumerated in the authorized state building program.

AB133-ASA1, s. 3f Section 3f. 13.48 (19) (b) of the statutes is created to read:

AB133-ASA1,9,9 13.48 (19) (b) The building commission may not lease or acquire a building, structure or facility for the purpose of confining persons serving a sentence of imprisonment to the Wisconsin state prisons under ch. 973 unless the person who undertakes construction or conversion of the building, facility or structure has met the requirements of s. 301.19 (2) and has complied with the agreement under s. 20.924 (1) (i).

AB133-ASA1, s. 3g Section 3g. 13.48 (25t) of the statutes is created to read:

AB133-ASA1,9,22 13.48 (25t) Wisbuild initiative. There is created a program, to be known as the "Wisbuild initiative", for the purpose of providing financial support for the maintenance, repair and renovation of state-owned buildings. Funding may be provided under the initiative for high priority, comprehensive building renovation projects, as well as for the maintenance and repair of the exterior components of buildings and, without limitation because of enumeration, systems such as mechanical, electrical, plumbing and other building systems. Funding may also be provided under the initiative for projects to remove barriers that reduce access to and use of state facilities by persons with disabilities. The building commission shall allocate available funding for the initiative. Projects funded as a part of the initiative shall be financed from the appropriation under s. 20.866 (2) (z) or as otherwise provided in the authorized state building program.

AB133-ASA1, s. 3gm Section 3gm. 13.48 (26) of the statutes is amended to read:

AB133-ASA1,9,25 13.48 (26) Environmental improvement annual finance plan approval. The building commission shall review the versions of the biennial finance plan and any amendments to the biennial finance plan submitted to it by the department of natural resources and the department of administration under s. 281.59 (3) (bm) and the recommendations of the joint committee on finance and the standing committees to which the versions of the biennial finance plan and any amendments were submitted under s. 281.59 (3) (bm). The building commission shall consider the extent to which that version of the biennial finance plan that is updated to reflect the adopted biennial budget act will maintain the funding for the clean water fund program and the safe drinking water loan program, in the environmental improvement fund, in perpetuity. The building commission shall consider the extent to which the implementation of the clean water fund program, the safe drinking water loan program, the urban storm water loan program and the land recycling loan program, as set forth in the biennial finance plan updated to reflect the adopted biennial budget act, implements legislative intent on the clean water fund program, the safe drinking water loan program, the urban storm water loan program and the +land recycling loan program. The building commission shall, no later than 60 days after the date of enactment of the biennial budget act, either approve or disapprove the biennial finance plan that is updated to reflect the adopted biennial budget act, except that the building commission may not disapprove those amounts that the legislature approves under s. 281.59 (3e) (a), (3m) (a) and , (3s) (a) and (3v) (a). If the building commission disapproves the version of the biennial finance plan that is updated to reflect the adopted biennial budget act, it must notify the department of natural resources and the department of administration of its reasons for disapproving the plan, and those departments must revise that version of the biennial finance plan and submit the revision to the building commission.

AB133-ASA1, s. 3h Section 3h. 13.48 (27) of the statutes is amended to read:

AB133-ASA1,11,8 13.48 (27) Lease of correctional facilities. The Subject to the requirements of sub. (19) (b) and s. 20.924 (1) (i), (im) and (j), the building commission may lease any facility meeting the requirements of s. 301.19 (2) for use of the department of corrections as a part of the authorized state building program, with an option to purchase the facility by the state. Any lease shall provide for the facility to be constructed in accordance with requirements and specifications approved by the department of administration and shall permit inspection of the site and facility by agents of the department.

AB133-ASA1, s. 3hg Section 3hg. 13.48 (30) of the statutes is created to read:

AB133-ASA1,11,13 13.48 (30) Agency work plans for capital building maintenance. The building commission shall review work plans of agencies for expenditure of capital building maintenance moneys submitted under s. 16.857 (2) and may approve or disapprove any plan or approve a plan with modifications.

AB133-ASA1, s. 3hr Section 3hr. 13.48 (31) of the statutes is created to read:

AB133-ASA1,11,16 13.48 (31) Digital television conversion. (a) In this subsection, "broadcasting corporation" has the meaning given in s. 39.81 (2).

AB133-ASA1,12,8 (b) 1. Subject to par. (e), the building commission may authorize up to $9,713,700 in general fund supported borrowing to aid in the acquisition, construction, development, enlargement or improvement of facilities and equipment related to the conversion to digital television for the educational communications board or, if the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation, for the broadcasting corporation. If the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation, the state funding commitment under this paragraph shall be in the form of a grant to the broadcasting corporation. Before approving any such state funding commitment, the building commission shall determine that the educational communications board or, if the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation, the broadcasting corporation has secured additional funding at least equal to $1,106,400 from nonstate donations for the purpose of digital television conversion.

AB133-ASA1,12,13 2. If the building commission authorizes a grant to the broadcasting corporation under subd. 1. and if, for any reason, the facility or equipment that is acquired, constructed, developed, enlarged or improved with funds from the grant is not used for the purpose of public broadcasting, the state shall retain an ownership interest in the facility or equipment equal to the amount of the state's grant.

AB133-ASA1,12,22 (c) Subject to par. (e), the building commission may authorize up to $2,800,000 in general fund supported borrowing to aid in the acquisition, construction, development, enlargement or improvement of facilities and equipment related to the conversion to digital television for the University of Wisconsin System. Before approving any such state funding commitment, the building commission shall determine that the board of regents of the University of Wisconsin System has entered into an agreement under s. 36.25 (5) (c) 2. and that the board has secured additional funding at least equal to $280,000 from nonstate donations for the purpose of digital television conversion.

AB133-ASA1,13,7 (d) 1. Subject to par. (e), the building commission may authorize up to $3,500,000 in general fund supported borrowing to aid in the acquisition, construction, development, enlargement or improvement of facilities and equipment related to the conversion to digital television for the Milwaukee Area Technical College. The state funding commitment under this paragraph shall be in the form of a grant to the Milwaukee Area Technical College. Before approving any such state funding commitment, the building commission shall determine that the district board of the Milwaukee Area Technical College has entered into an agreement under s. 38.125 (2) (a) and that the board has secured additional funding at least equal to $350,000 from nonstate donations for the purpose of digital television conversion.

AB133-ASA1,13,12 2. If the building commission authorizes a grant to the Milwaukee Area Technical College under subd. 1. and if, for any reason, the facility or equipment that is acquired, constructed, developed, enlarged or improved with funds from the grant is not used for the purpose of public broadcasting, the state shall retain an ownership interest in the facility or equipment equal to the amount of the state's grant.

AB133-ASA1,13,16 (e) During the 1999-2001 fiscal biennium, the building commission may not authorize any general fund supported borrowing to aid in the acquisition, construction, development, enlargement or improvement of a broadcasting network facility or a production facility.

AB133-ASA1, s. 3i Section 3i. 13.48 (32) of the statutes is created to read:

AB133-ASA1,14,2 13.48 (32) Debt increase for construction of a dental clinic and education facility at Marquette University. (a) The legislature finds and determines that it is in the public interest to promote the health and well-being of residents of this state by ensuring the availability of a sufficient number of dentists to meet the needs of residents of this state; it is in the public interest, advantage and welfare to ensure the continued availability of dental education in this state; and Marquette University operates the only dental school in this state. It is, therefore, the public policy of this state to assist private institutions in this state, including Marquette University, in the construction of facilities that will be used to provide dental education.

AB133-ASA1,14,9 (b) The building commission may authorize up to $15,000,000 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:

AB133-ASA1,14,14 1. Marquette University has secured additional funding commitments of at least $15,000,000 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.

AB133-ASA1,14,16 2. The dental clinic and education facility will not be used for the purpose of devotional activities, religious worship or sectarian instruction.

AB133-ASA1,14,18 3. No religious instruction shall be required as a condition for admission to, or graduation from, the Marquette University School of Dentistry.

AB133-ASA1,14,22 (c) If the building commission authorizes a construction grant to Marquette University under par. (b), Marquette University shall provide the state with an option to purchase the dental clinic and education facility under the following conditions:

AB133-ASA1,15,2 1. The option price shall be the appraised fair market value at the time that the option is exercised, less a credit recognizing the amount of the state's construction grant. The option shall be subject to any mortgage or other security interest of any private lenders.

AB133-ASA1,15,3 2. The option may be exercised only upon the occurrence of any of the following:

AB133-ASA1,15,5 a. Suspension of operation of a program of dental education at Marquette University or any successor organization.

AB133-ASA1,15,6 b. Foreclosure of the mortgage by a private lender.

AB133-ASA1,15,13 (d) If the state does not exercise the option to purchase the dental clinic and education facility, and if the facility is sold to any 3rd party, any agreement to sell the facility shall provide that the state has the right to receive an amount equal to the construction grant under par. (b) from the net proceeds of any such sale after the mortgage has been satisfied and all other secured debts have been paid. This right shall be paramount to the right of Marquette University to the proceeds upon such sale.

AB133-ASA1, s. 3j Section 3j. 13.485 (2) of the statutes is amended to read:

AB133-ASA1,15,21 13.485 (2) The building commission may, under s. 18.56 (5) and (9) (j) ss. 18.561 and 18.562, deposit in a separate and distinct fund, outside the state treasury, in an account maintained by a trustee, fees and charges derived from the facilities or from agreements entered into under sub. (4). The fees and charges deposited are the trustee's moneys in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the fees and charges to the repayment of revenue obligations issued under this section.

AB133-ASA1, s. 3jm Section 3jm. 13.489 (1m) of the statutes is created to read:

AB133-ASA1,15,24 13.489 (1m) Approval of commission required for study of potential major highway projects. (a) In this subsection:

AB133-ASA1,16,3 1. "Environmental assessment" means an analysis of a proposed action to determine whether the proposed action constitutes a major action significantly affecting the human environment under s. 1.11 (2) (c).

AB133-ASA1,16,5 2. "Environmental impact statement" means a detailed statement required under s. 1.11 (2) (c).

AB133-ASA1,16,6 3. "Major highway project" has the meaning given in s. 84.013 (1) (a).

AB133-ASA1,16,14 (b) Not later than October 15 of each odd-numbered year, the department of transportation shall provide to the commission a list of potential major highway projects that the department has initially determined may be recommended under par. (c) for approval to prepare an environmental impact statement or an environmental assessment and a list of potential major highway projects that could be studied for possible recommendation under sub. (4). The commission may conduct public hearings on potential major highway projects identified by the department of transportation or by the commission.

AB133-ASA1,16,18 (c) Not later than March 15 of each even-numbered year, the department of transportation shall report to the commission those potential major highway projects that the department recommends be approved by the commission for preparation of an environmental impact statement or an environmental assessment.

AB133-ASA1,16,24 (d) Not later than April 15 of each even-numbered year, the commission shall notify the department of those potential major highway projects that the commission approves for preparation of an environmental impact statement or an environmental assessment or shall notify the department that it does not approve any potential major highway projects for preparation of an environmental impact statement or environmental assessment.

AB133-ASA1,17,4 (e) The department of transportation may not prepare an environmental impact statement or an environmental assessment for a potential major highway project unless the commission notifies the department under par. (d) that the project is approved.

AB133-ASA1, s. 3k Section 3k. 13.62 (4m) of the statutes is created to read:

AB133-ASA1,17,7 13.62 (4m) "Budget bill subject" means a subject specified by the board which is included in the executive budget bill or bills introduced under s. 16.47.