Amendment ASA1-AB133

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.

AB133-ASA1, s. 3m Section 3m. 13.62 (8) of the statutes is amended to read:

AB133-ASA1,17,17 13.62 (8) "Legislative action" means the development, drafting, introduction, consideration, modification, adoption, rejection, review, enactment or defeat of any bill, resolution, amendment, report, nomination, proposed administrative rule or other matter by the legislature or by either house or any committee, subcommittee, joint or select committee thereof, or by a legislator or employe of the legislature acting in an official capacity. "Legislative action" also means the action of the governor in approving or vetoing any bill or portion thereof, and the action of the governor or any agency in the development of a proposal for introduction in the legislature.

AB133-ASA1, s. 3mi Section 3mi. 13.62 (8s) of the statutes is created to read:

AB133-ASA1,17,19 13.62 (8s) "Legislative proposal" means a bill, resolution or joint resolution.

AB133-ASA1, s. 3n Section 3n. 13.67 of the statutes is amended to read:

AB133-ASA1,18,17 13.67 Identification of legislative and administrative proposals and topics. (1) Except as authorized under s. 13.621, no person may engage in lobbying as a lobbyist on behalf of a principal and no principal may authorize a lobbyist to engage in lobbying on its behalf unless the principal reports to the board, in such manner as the board may prescribe, each bill or legislative proposal, budget bill subject and proposed administrative rule number in connection with which the principal has made or intends to make a lobbying communication or, if the lobbying does not relate to a legislative proposal or proposed administrative rule that has been numbered or a budget bill subject, each topic of a lobbying communication made or intended to be made by the principal. A principal shall describe any topic of a lobbying communication with reasonable specificity, sufficient to identify the subject matter of the lobbying communication and whether the communication is an attempt to influence legislative or administrative action, or both. The principal shall file the report no later than the end of the 15th day after the date on which the principal makes a lobbying communication with respect to a legislative proposal or, proposed administrative rule, budget bill subject or other topic not previously reported by the principal under this section during the biennial period for which the principal is registered. With respect to a lobbying communication relating to the executive budget bill or bills introduced under s. 16.47, the principal shall further identify from among topics provided by the board the topic or topics of its lobbying communications, if any. The report shall be made by a person who is identified by the principal under s. 13.64 (1) (e).

AB133-ASA1,18,20 (2) Any person who is not a principal may, upon payment of the fee prescribed under s. 13.75 (5), register with the board an interest in any bill or legislative proposal, proposed administrative rule, budget bill subject or other topic.

AB133-ASA1, s. 3o Section 3o. 13.68 (1) (bn) of the statutes is amended to read:

AB133-ASA1,19,6 13.68 (1) (bn) For each bill or legislative proposal, proposed administrative rule, budget bill subject or other topic that accounts for 10% or more of the principal's time spent in lobbying during the reporting period, the principal's reasonable estimate of the proportion of its time spent in lobbying associated with that bill or legislative proposal, proposed administrative rule. With respect to the executive budget bill or bills introduced under s. 16.47, the principal shall further identify from topics provided by the board each topic that accounts for 10% or more of the principal's time spent in lobbying during the reporting period and the principal's reasonable estimate of the proportion of its time spent in lobbying associated with that topic, budget bill subject or other topic.

AB133-ASA1, s. 3p Section 3p. 13.685 (4) of the statutes is created to read:

AB133-ASA1,19,9 13.685 (4) The board shall, by rule, define what constitutes a "topic" for purposes of ss. 13.67 and 13.68 (1) (bn).

AB133-ASA1, s. 3q Section 3q. 13.75 (5) of the statutes is amended to read:

AB133-ASA1,19,12 13.75 (5) Registering an interest in a bill or legislative proposal, proposed administrative rule, budget bill subject or other topic under 13.67 (2), $10.

AB133-ASA1, s. 5 Section 5. 13.94 (4) (a) 1. of the statutes is amended to read:

AB133-ASA1,20,2 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically a professional baseball park district and a family care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; development zones designated under s. 560.71; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

AB133-ASA1, s. 6 Section 6. 13.94 (4) (b) of the statutes is amended to read:

AB133-ASA1,20,10 13.94 (4) (b) In performing audits of family care districts under s. 46.2895, Wisconsin works agencies under subch. III of ch. 49, providers of medical assistance under subch. IV of ch. 49, corporations, institutions, associations, or other organizations, and their subgrantees or subcontractors, the legislative audit bureau shall audit only the records and operations of such providers and organizations which pertain to the receipt, disbursement or other handling of appropriations made by state law.

AB133-ASA1, s. 8 Section 8. 14.06 of the statutes is created to read:

AB133-ASA1,20,13 14.06 Gifts, grants and bequests. The governor may accept gifts, grants and bequests, and may expend the proceeds to carry out the purposes for which received.

AB133-ASA1, s. 11 Section 11. 14.18 of the statutes is created to read:

AB133-ASA1,20,16 14.18 Assistance from executive branch agencies. (1) In this section "executive branch agency" has the meaning given under s. 16.70 (4).

AB133-ASA1,20,19 (2) The governor may enter into a cooperative arrangement with any executive branch agency under which the agency provides assistance to the governor in carrying out his or her responsibilities.

AB133-ASA1, s. 11ac Section 11ac. 14.18 of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

AB133-ASA1, s. 11d Section 11d. 14.20 (title) of the statutes is amended to read:

AB133-ASA1,20,23 14.20 (title) Literacy improvement aids.

AB133-ASA1, s. 11g Section 11g. 14.20 (2) of the statutes is amended to read:

AB133-ASA1,21,3 14.20 (2) From the appropriation appropriations under s. 20.525 (1) (f) and (kf), the governor may provide a grant to any local governmental unit or nonprofit organization for support of a literacy improvement program.

AB133-ASA1, s. 11n Section 11n. 14.20 (3) and (4) of the statutes are repealed.

AB133-ASA1, s. 12e Section 12e. 14.82 (1) (c) of the statutes is repealed.

AB133-ASA1, s. 12g Section 12g. 14.82 (1) (d) of the statutes is created to read:

AB133-ASA1,21,11 14.82 (1) (d) Beginning on July 1, 1999, the total amount that may be expended in a fiscal year from the appropriation account under s. 20.315 (1) (q) for the joint Minnesota-Wisconsin boundary area commission may not exceed the total amount expended by the state of Minnesota in the same fiscal year for the joint Minnesota-Wisconsin boundary area commission.

AB133-ASA1, s. 12m Section 12m. 15.01 (4) of the statutes is amended to read:

AB133-ASA1,21,22 15.01 (4) "Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Wisconsin land council has the powers specified in s. 16.965 (3) and (5) and the powers granted to agencies under ch. 227, the Milwaukee river revitalization council has the powers and duties specified in s. 23.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24 and, before January 1, 2001, the council on health care fraud and abuse has the powers and duties specified in s. 146.36.

AB133-ASA1, s. 12n Section 12n. 15.01 (4) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1,22,10 15.01 (4) "Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Wisconsin land council has the powers specified in s. 16.965 (3) and (5) and the powers granted to agencies under ch. 227, the Milwaukee river revitalization council has the powers and duties specified in s. 23.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24 and, before January 1, 2001, the council on health care fraud and abuse has the powers and duties specified in s. 146.36.

AB133-ASA1, s. 14 Section 14. 15.07 (1) (a) 5. of the statutes is amended to read:

AB133-ASA1,22,14 15.07 (1) (a) 5. The members of the educational communications board appointed under s. 15.57 (5) and (7) (1) (e) and (h) shall be appointed as provided in that section.

AB133-ASA1, s. 14m Section 14m. 15.07 (1) (b) 21. of the statutes is created to read:

AB133-ASA1,22,18 15.07 (1) (b) 21. The public broadcasting transitional board. This subdivision does not apply after the first day of the 36th month beginning after the effective date of this subdivision .... [revisor inserts date].

AB133-ASA1, s. 15 Section 15. 15.07 (2) (k) of the statutes is created to read:

AB133-ASA1,22,21 15.07 (2) (k) The governor shall serve as chairperson of the governor's work-based learning board.

AB133-ASA1, s. 20 Section 20. 15.105 (24) (title) of the statutes is renumbered 15.195 (3) (title).

AB133-ASA1, s. 21 Section 21. 15.105 (24) (a) of the statutes is renumbered 15.195 (3) (a) and amended to read:

AB133-ASA1,23,3 15.195 (3) (a) Creation. There is created a national and community service board which is attached to the department of administration health and family services under s. 15.03.