Amendment SSA1-SB45

SB45-SSA1,51,15 16.76 (4) (h) A master lease may not be used to obtain a facility for use or occupancy by the state or an agency or instrumentality of the state or to obtain an internal improvement.

SB45-SSA1, s. 102 Section 102. 16.76 (4) (j) of the statutes is created to read:

SB45-SSA1,51,20 16.76 (4) (j) If a master lease is used to finance payments to be made under an energy conservation construction project as provided in s. 16.858 (2), payments under the lease may not be conditioned upon any payment required to be made by the contractor pursuant to an energy conservation audit.

SB45-SSA1, s. 105m Section 105m. 16.857 of the statutes is created to read:

SB45-SSA1,51,23 16.857 Agency building maintenance. (1) In this section, "agency" has the meaning given under s. 16.70 (1).

SB45-SSA1,52,6 (2) The department shall require each agency to which moneys are appropriated in any fiscal period for capital building maintenance purposes to submit a work plan to the department describing the agency's proposal for expenditure of those moneys. The plan shall be submitted for such period as the secretary may require, and shall be filed no later than the date prescribed by the secretary. Upon approval of a work plan by the department, the department shall forward the plan to the building commission for its review and approval under s. 13.48 (30).

SB45-SSA1,52,10 (3) Notwithstanding s. 16.50 (2), the secretary may withhold approval of any proposed expenditure under s. 16.50 (2) by any agency for any significant capital building maintenance project, as determined by the secretary, if a project does not conform to a work plan approved by the department and the building commission.

SB45-SSA1,52,14 (4) Following the end of each fiscal year, the department shall submit a report to the joint committee on finance concerning the expenditure of capital building maintenance moneys by each agency and capital building maintenance work completed by each agency during the preceding fiscal year.

SB45-SSA1, s. 106 Section 106. 16.858 (2) of the statutes is renumbered 16.858 (2) (a) and amended to read:

SB45-SSA1,53,8 16.858 (2) (a) Any A contract under sub. (1) shall require may provide for the construction work to be financed by the state or by the contractor to undertake the construction work at its own expense. The contract shall provide for the state to pay a maximum stated amount, which shall include any financing costs incurred by the contractor. The maximum stated amount may not exceed the minimum savings determined under the audit to be realized by the state within the period specified in the audit. The state shall make payments under the contract as the savings identified in the audit are realized by the state, in the amounts actually realized, but not to exceed the lesser of the maximum stated amount or the actual amount of the savings realized by the state within the period specified in the audit. If the department provides financing for construction work, the department may finance any portion of the cost of the work under a master lease entered into as provided under s. 16.76 (4). If the department provides financing for the construction work and the stated amount to be paid by the state under the contract is greater than the amount of the savings realized by the state within the period specified in the audit under sub. (1), the contract shall require the contractor to remit the difference to the department.

SB45-SSA1,53,16 (b) The department shall charge the cost of the payments made by the state to the contractor to the applicable appropriation for fuel and utility costs at the building, structure or facility where the work is performed in the amounts equivalent to the savings that accrue to the state under that appropriation from expenditures not made as a result of the construction work, as determined by the department in accordance with the contract. The department may also charge its costs for negotiation and, administration and financing of the contract to the same appropriation.

SB45-SSA1, s. 107 Section 107. 16.858 (4) of the statutes is amended to read:

SB45-SSA1,54,3 16.858 (4) No later than January 1 of each year, the secretary shall report to the cochairpersons of the joint committee on finance identifying any construction work for which the department has contracted under this section for which the state has not made its final payment has not been made as of the date of the preceding report, together with the actual energy cost savings realized by the state as a result of the contract to date, or the estimated energy cost savings to be realized by the state if the total savings to be realized in the audit under sub. (1) have not yet been realized, and the date on which the state made its final payment under the contract or, if the final payment has not been made, the latest date on which the state is obligated to make its final payment under the contract, and any amount that remains payable to the state under the contract.

SB45-SSA1, s. 109 Section 109. 16.956 of the statutes is repealed.

SB45-SSA1, s. 110 Section 110. 16.964 (6) of the statutes is created to read:

SB45-SSA1,54,7 16.964 (6) (a) In this subsection, "tribe" means a federally recognized American Indian tribe or band in this state.

SB45-SSA1,54,15 (b) From the appropriation under s. 20.505 (6) (ks), the office shall provide grants to tribes to fund tribal law enforcement operations. To be eligible for a grant under this subsection, a tribe must submit an application for a grant to the office that includes a proposed plan for expenditure of the grant moneys. The office shall review any application and plan submitted to determine whether that application and plan meet the criteria established under par. (c). The office shall review the use of grant money provided under this subsection to ensure that the money is used according to the approved plan.

SB45-SSA1,54,18 (c) The office shall develop criteria and procedures for use in administering this subsection. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.

SB45-SSA1, s. 110j Section 110j. 16.964 (7) of the statutes is created to read:

SB45-SSA1,54,22 16.964 (7) (a) From the appropriation under s. 20.505 (6) (kq), the office shall provide grants to counties to fund county law enforcement services. The office may make a grant to a county under this subsection only if all of the following apply:

SB45-SSA1,54,23 1. The county borders one or more federally recognized Indian reservations.

SB45-SSA1,55,3 2. The county has not established a cooperative county-tribal law enforcement program under s. 165.90 with each federally recognized Indian tribe or band that has a reservation bordering the county.

SB45-SSA1,55,5 3. The county demonstrates a need for the law enforcement services to be funded with the grant.

SB45-SSA1,55,7 4. The county submits an application for a grant and a proposed plan that shows how the county will use the grant moneys to fund law enforcement services.

SB45-SSA1,55,11 (b) The office shall review an application and plan submitted under par. (a) 4. to determine if the application and plan meet the requirements of par. (a) 1. to 3. and the criteria established under par. (c). The office may not award an annual grant in excess of $50,000 to any county under this subsection.

SB45-SSA1,55,14 (c) The office shall develop criteria and procedures for use in administering this subsection. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.

SB45-SSA1, s. 110k Section 110k. 16.964 (8) of the statutes is created to read:

SB45-SSA1,55,17 16.964 (8) From the appropriation under s. 20.505 (6) (ks), the office shall make the following grants:

SB45-SSA1,55,19 (a) To the Stockbridge-Munsee Indian tribe, $175,000 in each fiscal year for a public safety initiative.

SB45-SSA1,55,21 (b) To the St. Croix Chippewa Indian tribe, $150,000 in each fiscal year to develop law enforcement capabilities on the reservation and trust lands of the tribe.

SB45-SSA1, s. 110m Section 110m. 16.965 (title), (1) and (2) of the statutes are created to read:

SB45-SSA1,55,24 16.965 (title) Planning grants to local governmental units. (1) In this section:

SB45-SSA1,56,2 (a) "Local governmental unit" means a county, city, village, town or regional planning commission.

SB45-SSA1,56,7 (b) "Smart growth area" means an area that will enable the development and redevelopment of lands with existing infrastructure and municipal, state and utility services, where practicable, and that will encourage efficient development patterns that are both contiguous to existing development and at densities which have relatively low municipal, state governmental and utility costs.

SB45-SSA1,56,11 (c) "Supporting agency" means the department of administration, the department of agriculture, trade and consumer protection, the department of commerce, the department of natural resources, the department of revenue and the board of regents of the University of Wisconsin System.

SB45-SSA1,56,25 (2) From the appropriation under s. 20.505 (1) (kh), the department may provide grants to local governmental units to be used to finance the cost of planning activities, including contracting for planning consultant services, public planning sessions and other planning outreach and educational activities, or for the purchase of computerized planning data, planning software or the hardware required to utilize that data or software. The department may require any local governmental unit that receives a grant under this section to finance not more than 25% of the cost of the product or service to be funded by the grant from the resources of the local governmental unit. A local governmental unit that desires to receive a grant under this subsection shall file an application with the department. The application shall contain a complete statement of the expenditures proposed to be made for the purposes of the grant. No local governmental unit is eligible to receive a grant under this subsection unless the local governmental unit agrees to utilize the grant to finance planning for all of the purposes specified in s. 66.0295 (2).

SB45-SSA1, s. 110n Section 110n. 16.965 (title), (1) and (2) of the statutes, as created by 1999 Wisconsin Act .... (this act), are repealed.

SB45-SSA1, s. 110no Section 110no. 16.965 (3) of the statutes is created to read:

SB45-SSA1,57,7 16.965 (3) Prior to awarding a grant to a local governmental unit under sub. (2), the department shall forward a statement of the expenditures proposed to be made under the grant to the Wisconsin land council for its written approval. The council may approve or disapprove any proposed grant.

SB45-SSA1, s. 110p Section 110p. 16.965 (3) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

SB45-SSA1, s. 110q Section 110q. 16.965 (4) of the statutes is created to read:

SB45-SSA1,57,13 16.965 (4) In determining whether to approve a proposed grant, greater precedence shall be accorded to applications of local governmental units that contain one or more of the following elements:

SB45-SSA1,57,15 (a) Planning efforts that address the interests of overlapping or neighboring jurisdictions.

SB45-SSA1,57,17 (b) Planning efforts that contain a specific description of the means by which one or more of the following goals will be achieved:

SB45-SSA1,57,20 1. Promotion of the redevelopment of lands with existing infrastructure and public services and the maintenance and rehabilitation of existing residential, commercial and industrial structures.

SB45-SSA1,57,22 2. Encouragement of neighborhood designs that support a range of transportation choices.

SB45-SSA1,57,24 3. Protection of natural areas, including wetlands, wildlife habitats, lakes, woodlands, open spaces and groundwater resources.

SB45-SSA1,57,25 4. Protection of economically productive areas, including farmland and forests.

SB45-SSA1,58,3 5. Encouragement of land uses, densities and regulations that promote efficient development patterns and relatively low municipal, state governmental and utility costs.

SB45-SSA1,58,4 6. Preservation of cultural, historic and archaeological sites.

SB45-SSA1,58,6 7. Encouragement of coordination and cooperation among nearby units of government.

SB45-SSA1,58,8 8. Building of community identity by maintaining physical separation between urban areas, revitalizing main streets and enforcing design standards.

SB45-SSA1,58,10 9. Providing an adequate supply of affordable housing for individuals of all income levels throughout each community.

SB45-SSA1,58,13 10. 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.

SB45-SSA1,58,15 11. Promoting the expansion or stabilization of the current economic base and the creation of a range of employment opportunities.

SB45-SSA1,58,16 12. Balancing individual property rights with community interests and goals.

SB45-SSA1,58,18 13. Planning and development of land uses that create or preserve varied and unique urban and rural communities.

SB45-SSA1,58,19 (c) Planning efforts that identify smart growth areas.

SB45-SSA1,58,22 (d) Planning efforts, including subsequent updates and amendments, that include development of implementing ordinances, including ordinances pertaining to zoning, subdivisions and land division.

SB45-SSA1,58,24 (e) Planning efforts for which completion is contemplated within 30 months of the date on which a grant would be awarded.

SB45-SSA1,58,25 (f) Planning efforts that provide opportunities for public participation.

SB45-SSA1, s. 110r Section 110r. 16.965 (4) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

SB45-SSA1, s. 110s Section 110s. 16.965 (5) of the statutes is created to read:

SB45-SSA1,59,6 16.965 (5) The Wisconsin land council may promulgate rules specifying the methodology whereby precedence will be accorded to applications in awarding grants under sub. (2).

SB45-SSA1, s. 110t Section 110t. 16.965 (5) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

SB45-SSA1, s. 110u Section 110u. 16.965 (6) of the statutes is created to read:

SB45-SSA1,59,14 16.965 (6) The department shall assess each supporting agency $250,000 per year to support planning assistance provided to local governmental units. Each supporting agency shall charge the cost of its assessment to the agency's appropriations for general program operations from general purpose revenue in the amounts specified by the secretary.

SB45-SSA1, s. 110v Section 110v. 16.965 (6) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

SB45-SSA1, s. 110w Section 110w. 16.9651 of the statutes is created to read:

SB45-SSA1,59,20 16.9651 Transportation planning grants to local governmental units. (1) In this section, "local governmental unit" means a county, city, village, town or regional planning commission.

SB45-SSA1,60,9 (2) From the appropriation under s. 20.505 (1) (z), the department may provide grants to local governmental units to be used to finance the cost of planning activities related to the transportation element, as described in s. 66.0295 (2) (c), of a comprehensive plan, as defined in s. 66.0295 (1) (a), including contracting for planning consultant services, public planning sessions and other planning outreach and educational activities, or for the purchase of computerized planning data, planning software or the hardware required to utilize that data or software. The department may require any local governmental unit that receives a grant under this section to finance not more than 25% of the cost of the product or service to be funded by the grant from the resources of the local governmental unit. Prior to awarding a grant under this section, the department shall forward a detailed statement of the proposed expenditures to be made under the grant to the secretary of transportation and obtain his or her written approval of the proposed expenditures.

SB45-SSA1, s. 114m Section 114m. 16.967 (11) of the statutes is created to read:

SB45-SSA1,60,17 16.967 (11) Soil surveys and mapping. (a) The board may conduct soil surveys and soil mapping activities. The board may assess any state agency for any amount that the board determines to be required to conduct soil surveys and soil mapping activities. For this purpose, the board may assess state agencies on a premium basis and pay costs incurred on an actual basis. The board shall credit all moneys received from state agencies under this paragraph to the appropriation account under s. 20.505 (1) (kt).

SB45-SSA1,60,20 (b) The board may contract with the board of commissioners of public lands to perform soil surveys and soil mapping activities on lands under the jurisdiction of the board of commissioners of public lands.

SB45-SSA1, s. 114n Section 114n. 16.967 (11) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

SB45-SSA1, s. 114p Section 114p. 16.971 (5) of the statutes is repealed.

SB45-SSA1, s. 115 Section 115. 16.971 (9) of the statutes is amended to read:

SB45-SSA1,61,13 16.971 (9) In conjunction with the public defender board, the director of state courts, the departments of corrections and justice and district attorneys, the division may maintain, promote and coordinate automated justice information systems that are compatible among counties and the officers and agencies specified in this subsection, using the moneys appropriated under s. 20.505 (1) (ja) and, (kp) and (kq). When acting under this subsection, the division shall give priority to assisting counties that show the greatest need for additional assistant district attorney positions based on the weighted prosecutor caseload measurement formula developed by the department of administration under s. 978.042 (1), unless such a county informs the division that it does not want to be given priority in receiving assistance. The division shall annually report to the legislature under s. 13.172 (2) concerning the division's efforts to improve and increase the efficiency of integration of justice information systems.

SB45-SSA1, s. 115e Section 115e. 16.973 (1) (a) of the statutes is renumbered 16.973 (1) (ar).

SB45-SSA1, s. 115m Section 115m. 16.973 (1) (ag) of the statutes is created to read:

SB45-SSA1,61,17 16.973 (1) (ag) "Broadcasting corporation" has the meaning given under s. 39.81 (2).

SB45-SSA1, s. 115s Section 115s. 16.973 (2) (b) of the statutes is amended to read:

SB45-SSA1,62,9 16.973 (2) (b) 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 division considers to be appropriate and as the division can efficiently and economically provide. The division 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 division 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 secretary. 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 division shall prescribe eligibility requirements for qualified museums and zoos to receive telecommunications services under this paragraph.

SB45-SSA1, s. 116 Section 116. 16.974 (7) of the statutes is amended to read:

SB45-SSA1,62,15 16.974 (7) (a) Subject to s. 196.218 (4r) (f), coordinate Coordinate with the technology for educational achievement in Wisconsin board to provide school districts, and cooperative educational service agencies and technical college districts with telecommunications access under s. 196.218 (4r) 44.73 and contract with telecommunications providers to provide such access.

SB45-SSA1,62,20 (b) Coordinate Subject to s. 44.73 (5), coordinate with the technology for educational achievement in Wisconsin board to provide private colleges and, technical college districts, public library boards and public library systems with telecommunications access under s. 196.218 (4r) 44.73 and contract with telecommunications providers to provide such access.

SB45-SSA1,62,23 (c) Coordinate with the technology for educational achievement in Wisconsin board to provide private schools with telecommunications access under s. 196.218 (4r) 44.73 and contract with telecommunications providers to provide such access.

SB45-SSA1, s. 117 Section 117. 16.974 (7) (d) of the statutes is created to read:

SB45-SSA1,63,4 16.974 (7) (d) Coordinate with the technology for educational achievement in Wisconsin board to provide the Wisconsin School for the Visually Handicapped and the Wisconsin School for the Deaf with telecommunications access under s. 44.73 and contract with telecommunications providers to provide such access.