AB40-ASA1,14,2418 11.60 (4) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (h),
195.08, and 5.081, actions under this section or s. 11.517 may be brought by the board
20or by the district attorney for the county where the defendant resides or, if the
21defendant is a nonresident, by the district attorney for the county where the violation
22is alleged to have occurred. For purposes of this subsection, a person other than a
23natural person resides within a county if the person's principal place of operation is
24located within that county.
AB40-ASA1, s. 17c 25Section 17c. 11.61 (2) of the statutes is amended to read:
AB40-ASA1,15,7
111.61 (2) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (i),
25.08, and 5.081, all prosecutions under this section or s. 11.518 shall be conducted
3by the district attorney for the county where the defendant resides or, if the
4defendant is a nonresident, by the district attorney for the county where the violation
5is alleged to have occurred. For purposes of this subsection, a person other than a
6natural person resides within a county if the person's principal place of operation is
7located within that county.
AB40-ASA1, s. 19m 8Section 19m. 13.099 (1) (a) of the statutes is amended to read:
AB40-ASA1,15,109 13.099 (1) (a) "Department" means the department of commerce
10administration.
AB40-ASA1, s. 20 11Section 20. 13.099 (1) (b) of the statutes is amended to read:
AB40-ASA1,15,1312 13.099 (1) (b) "State housing strategy plan" means the plan developed under
13s. 560.9802 16.302.
AB40-ASA1, s. 21 14Section 21. 13.099 (2) (a) of the statutes is amended to read:
AB40-ASA1,15,2015 13.099 (2) (a) If any bill that is introduced in either house of the legislature
16directly or substantially affects the development, construction, cost , or availability
17of housing in this state, the department shall prepare a report on the bill within 30
18days after it is introduced. The department may request any information from other
19state agencies, local governments or individuals, or organizations that is reasonably
20necessary for the department to prepare the report.
AB40-ASA1, s. 25 21Section 25. 13.099 (3) (a) 5. of the statutes is amended to read:
AB40-ASA1,15,2222 13.099 (3) (a) 5. Housing costs, as defined in s. 560.9801 16.301 (3) (a) and (b).
AB40-ASA1, s. 33 23Section 33. 13.40 of the statutes is repealed.
AB40-ASA1, s. 35 24Section 35. 13.48 (2) (b) 1m. of the statutes is amended to read:
AB40-ASA1,16,5
113.48 (2) (b) 1m. The University of Wisconsin System may not accept any gift,
2grant or bequest of real property with a value in excess of $30,000 $150,000 or any
3gift, grant or bequest of a building or structure that is constructed for the benefit of
4the system or any institution thereof without the approval of the building
5commission.
AB40-ASA1, s. 39 6Section 39. 13.48 (2) (b) 4. of the statutes is repealed.
AB40-ASA1, s. 41 7Section 41. 13.48 (2) (d) of the statutes is amended to read:
AB40-ASA1,16,188 13.48 (2) (d) The building commission, for the purpose of carrying out s. 36.33
9relating to the sale and purchase of agricultural lands of the University of Wisconsin,
10may authorize the advance of sums from the state building trust fund for the
11purchase price, including option payments, of agricultural lands to be acquired by
12the University of Wisconsin and for expenses incurred in selling agricultural lands
13presently owned by the University of Wisconsin, including, without limitation
14because of enumeration, expenses of surveying, platting, constructing and
15improving streets and utilities and drainage in such a way as to realize the greatest
16return to the state in the sale of such lands, and other selling expenses. All such sums
17advanced shall be repaid to the state building trust fund from the appropriation
18made by s. 20.285 (1) (ka) (xq).
AB40-ASA1, s. 43 19Section 43. 13.48 (2) (j) of the statutes is repealed.
AB40-ASA1, s. 44p 20Section 44p. 13.48 (3) of the statutes is amended to read:
AB40-ASA1,17,1521 13.48 (3) State building trust fund. In the interest of the continuity of the
22program, the moneys appropriated to the state building trust fund under s. 20.867
23(2) (f) shall be retained as a nonlapsing building depreciation reserve. Such moneys
24shall be deposited into the state building trust fund. At such times as the building
25commission directs, or in emergency situations under s. 16.855 (16) (b), the governor

1shall authorize releases from this fund to become available for projects and shall
2direct the department of administration to allocate from this fund such amounts as
3are approved for these projects. In issuing such directions, the building commission
4shall consider the cash balance in the state building trust fund, the necessity and
5urgency of the proposed improvement, employment conditions and availability of
6materials in the locality in which the improvement is to be made. The building
7commission may authorize any project costing $500,000 $760,000 or less in
8accordance with priorities to be established by the building commission and may
9adjust the priorities by deleting, substituting or adding new projects as needed to
10reflect changing program needs and unforeseen circumstances. The building
11commission may enter into contracts for the construction of buildings for any state
12agency, except a project authorized under sub. (10) (c), and shall be responsible for
13accounting for all funds released to projects. The building commission may designate
14the department of administration or the agency for which the project is constructed
15to act as its representative in such accounting.
AB40-ASA1, s. 45 16Section 45. 13.48 (4) of the statutes is amended to read:
AB40-ASA1,17,2217 13.48 (4) State agencies to report proposed projects. Each Whenever any
18state agency contemplating contemplates a project under this the state building
19program it shall report its proposed projects the project to the building commission .
20The report shall be made
on such date and in such manner as the building
21commission prescribes. This subsection does not apply to projects identified in sub.
22(10) (c).
AB40-ASA1, s. 47 23Section 47. 13.48 (10) (a) of the statutes is amended to read:
AB40-ASA1,18,1124 13.48 (10) (a) No Except as provided in par. (c), no state board, agency, officer,
25department, commission, or body corporate may enter into a contract for the

1construction, reconstruction, remodeling of, or addition to any building, structure,
2or facility, in connection with any building project which involves a cost in excess of
3$150,000 $185,000 without completion of final plans and arrangement for
4supervision of construction and prior approval by the building commission. The
5building commission may not approve a contract for the construction, reconstruction,
6renovation or remodeling of or an addition to a state building as defined in s. 44.51
7(2) unless it determines that s. 44.57 has been complied with or does not apply.
This
8section applies to the department of transportation only in respect to buildings,
9structures, and facilities to be used for administrative or operating functions,
10including buildings, land, and equipment to be used for the motor vehicle emission
11inspection and maintenance program under s. 110.20.
AB40-ASA1, s. 49 12Section 49. 13.48 (10) (c) of the statutes is created to read:
AB40-ASA1,18,1613 13.48 (10) (c) Paragraph (a) does not apply to any contract for a building project
14involving a cost of less than $500,000 to be constructed for the University of
15Wisconsin System that is funded entirely from the proceeds of gifts and grants made
16to the system.
AB40-ASA1, s. 50g 17Section 50g. 13.48 (14) (a) of the statutes is amended to read:
AB40-ASA1,18,2118 13.48 (14) (a) In this subsection, "agency" has the meaning given for "state
19agency" in s. 20.001 (1), except that during the period beginning on October 27, 2007,
20and ending on June 30, 2009, and the period beginning on July 1, 2009,
the term does
21not include the Board of Regents of the University of Wisconsin System.
AB40-ASA1, s. 50h 22Section 50h. 13.48 (14) (am) of the statutes is amended to read:
AB40-ASA1,19,723 13.48 (14) (am) Subject Except as provided in this paragraph and subject to par.
24(d), the building commission shall have the authority to sell or lease all or any part
25of a state-owned building or structure or state-owned land, including farmland,

1where such authority is not otherwise provided to an agency by law, and may transfer
2land under its jurisdiction among agencies. The building commission does not have
3the authority to sell or lease any state-owned property under this paragraph after
4the department of administration notifies the commission in writing that an offer of
5sale or sale with respect to a property is pending under s. 16.848 (1). If the sale is
6not completed and no further action is pending with respect to the property, the
7authority of the building commission under this paragraph is restored.
AB40-ASA1, s. 52 8Section 52. 13.48 (29) of the statutes is amended to read:
AB40-ASA1,19,139 13.48 (29) Small projects. Except as otherwise required under s. 16.855
10(10m), the building commission may prescribe simplified policies and procedures to
11be used in lieu of the procedures provided in s. 16.855 for any project that does not
12require prior approval of the building commission under sub. (10) (a), except projects
13specified in sub. (10) (c)
.
AB40-ASA1, s. 56g 14Section 56g. 13.48 (32) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,19,2215 13.48 (32) (b) (intro.) The building commission may authorize up to
16$15,000,000 $23,000,000 of general fund supported borrowing to aid in the
17construction of a dental clinic and education facility at Marquette University. The
18state funding commitment for the construction of the facility shall be in the form of
19a construction grant to Marquette University. Before approving any state funding
20commitment for such a facility and before awarding the construction grant to
21Marquette University, the building commission shall determine that all of the
22following conditions have been met:
AB40-ASA1, s. 56h 23Section 56h. 13.48 (32) (b) 1. of the statutes is amended to read:
AB40-ASA1,20,324 13.48 (32) (b) 1. Marquette University has secured additional funding
25commitments of at least $15,000,000 $23,000,000 from nonstate revenue sources,

1the nonstate revenue sources are reasonable and available and the total funding
2commitments of the state and the nonstate sources will permit Marquette University
3to enter into contracts for the construction of the dental clinic and education facility.
AB40-ASA1, s. 56p 4Section 56p. 13.48 (40m) of the statutes is created to read:
AB40-ASA1,20,135 13.48 (40m) Lac du Flambeau Indian Tribal Cultural Center. (a) The
6legislature finds and determines that the Lac du Flambeau Band of Lake Superior
7Chippewa has played a vital part in the course of Wisconsin history and has
8contributed in countless and significant ways to the cultural richness and diversity
9of this state. Moreover, the legislature finds and determines that Wisconsin citizens,
10including students, can benefit from learning more about the history and the culture
11of the Lac du Flambeau Band of Lake Superior Chippewa. It is therefore in the public
12interest, and it is the public policy of this state, to assist the Lac du Flambeau Band
13of Lake Superior Chippewa in the construction of a tribal cultural center.
AB40-ASA1,20,2114 (b) The building commission may authorize up to $250,000 in general fund
15supported borrowing to aid in the construction of a tribal cultural center for the Lac
16du Flambeau Band of Lake Superior Chippewa. The state funding commitment shall
17be in the form of a grant to the Lac du Flambeau Band of Lake Superior Chippewa.
18Before approving any state funding commitment under this paragraph, the building
19commission shall determine that the Lac du Flambeau Band of Lake Superior
20Chippewa has secured at least $1,373,000 in additional funding from nonstate
21donations for the project.
AB40-ASA1,21,222 (c) If the building commission authorizes a grant to the Lac du Flambeau Band
23of Lake Superior Chippewa under par. (b) and if, for any reason, the facility that is
24constructed with funds from the grant is not used as a tribal cultural center, the state

1shall retain an ownership interest in the facility equal to the amount of the state's
2grant.
AB40-ASA1, s. 56q 3Section 56q. 13.48 (40p) of the statutes is created to read:
AB40-ASA1,21,94 13.48 (40p) National Soldiers Home Historic District. (a) The legislature
5finds and determines that Wisconsin veterans have performed an invaluable service
6for this country and for this state. It is therefore in the public interest, and it is the
7public policy of this state, to improve facilities that provide care, outreach,
8counseling, and other assistance to state veterans, especially its homeless veterans,
9and this need is a statewide public concern.
AB40-ASA1,21,1710 (b) The building commission may authorize up to $2,000,000 in general fund
11supported borrowing to aid in the construction or restoration of veterans facilities at
12the National Soldiers Home Historic District in Milwaukee. The grant shall be paid
13from the appropriation under s. 20.866 (2) (z). The state funding commitment shall
14be in the form of a grant to the Soldiers Home Foundation, Inc. Before approving any
15state funding commitment under this paragraph, the building commission shall
16determine that the Soldiers Home Foundation, Inc., has secured at least $2,000,000
17in additional funding from nonstate donations for the project.
AB40-ASA1,21,2118 (c) If the building commission authorizes a grant to the Soldiers Home
19Foundation, Inc., under par. (b) and if, for any reason, any facility that is constructed
20or restored with funds from the grant is not used as a veterans facility, the state shall
21retain an ownership interest in the facility equal to the amount of the state's grant.
AB40-ASA1, s. 59 22Section 59. 13.489 (1m) (f) of the statutes is created to read:
AB40-ASA1,21,2423 13.489 (1m) (f) This subsection does not apply to major highway projects
24described in s. 84.013 (1) (a) 2m.
AB40-ASA1, s. 60 25Section 60. 13.489 (4) (d) of the statutes is created to read:
AB40-ASA1,22,2
113.489 (4) (d) This subsection does not apply to major highway projects
2described in s. 84.013 (1) (a) 2m.
AB40-ASA1, s. 61 3Section 61. 13.489 (4m) of the statutes is created to read:
AB40-ASA1,22,104 13.489 (4m) Review of high-cost major highway projects. (a)
5Notwithstanding sub. (4), for any major highway project described in s. 84.013 (1) (a)
62m., the department of transportation shall submit a report to the commission, prior
7to construction of the project, which report may request the commission's approval
8to proceed with the project. The department may submit this request at any time
9following completion by the department of a draft environmental impact statement
10or environmental assessment for the project.
AB40-ASA1,22,1511 (b) After receiving a request under par. (a) for approval to proceed with a major
12highway project described in s. 84.013, the commission shall meet to approve,
13approve with modifications, or disapprove the request. The department may
14implement the request only as approved by the commission, including approval after
15modification by the commission.
AB40-ASA1,22,1816 (c) The department of transportation may not proceed with construction of a
17major highway project described in s. 84.013 (1) (a) 2m. unless the project is approved
18by the commission as provided in par. (b).
AB40-ASA1,22,2119 (d) The procedures specified in this subsection shall apply to all major highway
20projects described in s. 84.013 (1) (a) 2m. in lieu of the procedures described in sub.
21(4).
AB40-ASA1, s. 63 22Section 63. 13.625 (9) of the statutes is amended to read:
AB40-ASA1,23,223 13.625 (9) This section does not apply to the solicitation, acceptance, or
24furnishing of anything of pecuniary value by the department of commerce Wisconsin
25Economic Development Corporation
, or to a principal furnishing anything of

1pecuniary value to the department of commerce Wisconsin Economic Development
2Corporation
, under s. 19.56 (3) (e) or (f) for the activities specified in s. 19.56 (3) (e).
AB40-ASA1, s. 65 3Section 65. 13.94 (1) (dp) of the statutes is created to read:
AB40-ASA1,23,84 13.94 (1) (dp) In addition to any other audit to be performed under this section
5relating to veterans homes, perform one or more financial audits of the operation of
6the Wisconsin Veterans Home at Chippewa Falls by any private entity with which
7the department of veterans affairs enters into an agreement under s. 45.50 (2m) (c).
8The audit shall be performed at such time as the governor or legislature directs.
AB40-ASA1, s. 66 9Section 66. 13.94 (1) (mm) of the statutes, as affected by 2011 Wisconsin Act
107
, is amended to read:
AB40-ASA1,23,2011 13.94 (1) (mm) No later than July 1, 2012, prepare a financial and performance
12evaluation audit of the economic development programs administered by the
13department of commerce,
the University of Wisconsin System, the department of
14agriculture, trade and consumer protection, the department of natural resources, the
15Wisconsin Housing and Economic Development Authority, the Wisconsin Economic
16Development Corporation, the department of tourism, the technical college system,
17and the department of transportation. In this paragraph, economic development
18program has the meaning given in s. 560.001 (1m) 23.167 (1). The legislative audit
19bureau shall file a copy of the report of the audit under this paragraph with the
20distributees specified in par. (b).
AB40-ASA1, s. 67 21Section 67. 13.94 (1) (ms) of the statutes is amended to read:
AB40-ASA1,23,2522 13.94 (1) (ms) No later than July 1, 2014, prepare a financial and performance
23evaluation audit of the economic development tax benefit program under ss. 560.701
24to 560.706
238.301 to 238.306. The legislative audit bureau shall file a copy of the
25report of the audit under this paragraph with the distributees specified in par. (b).
AB40-ASA1, s. 68
1Section 68. 13.94 (1) (n) of the statutes is amended to read:
AB40-ASA1,24,42 13.94 (1) (n) Provide periodic performance audits of any division of the
3department of commerce safety and professional services that is responsible for
4inspections of multifamily housing under s. 101.973 (11).
AB40-ASA1, s. 73 5Section 73. 14.165 (2) of the statutes is amended to read:
AB40-ASA1,24,86 14.165 (2) Recommendations. The department of administration, department
7of commerce safety and professional services, and public service commission shall
8make recommendations to the governor for awards under sub. (1).
AB40-ASA1, s. 74 9Section 74. 14.57 of the statutes is renumbered 15.105 (25m), and 15.105
10(25m) (intro.) and (a), as renumbered, are amended to read:
AB40-ASA1,24,1411 15.105 (25m) Same; attached boards College savings program board. (intro.)
12There is created a college savings program board that is attached to the office of the
13state treasurer
department of administration under s. 15.03 and that consists of all
14of the following members:
AB40-ASA1,24,1515 (a) The state treasurer secretary of administration or his or her designee.
AB40-ASA1, s. 74m 16Section 74m. 14.58 (20) of the statutes is repealed.
AB40-ASA1, s. 75 17Section 75. 14.63 of the statutes is renumbered 16.64, and 16.64 (2) (intro.)
18and (b), (3) (a), (c) and (d), (4), (5) (b) (intro.), (6) (a) 5. and (b), (7) (a) (intro.), 4. and
195. and (b), (7m) (a) (intro.), (b) and (c), (9), (10) (a) and (b), (12) (title), (a) (intro.) and
20(b) (intro.) and (13), as renumbered, are amended to read:
AB40-ASA1,24,2221 16.64 (2) Weighted average tuition; tuition unit cost. (intro.) Annually, the
22state treasurer department and the board jointly shall determine all of the following:
AB40-ASA1,25,423 (b) The price of a tuition unit, which shall be valid for a period determined
24jointly by the state treasurer department and the board. The price shall be sufficient
25to ensure the ability of the state treasurer department to meet his or her its

1obligations under this section. To the extent possible, the price shall be set so that
2the value of the tuition unit in the anticipated academic year of its use will be equal
3to 1% of the weighted average tuition for that academic year plus the costs of
4administering the program under this section attributable to the unit.
AB40-ASA1,25,7 5(3) (a) An individual, trust, legal guardian, or entity described under 26 USC
6529
(e) (1) (C) may enter into a contract with the state treasurer department for the
7sale of tuition units on behalf of a beneficiary.
AB40-ASA1,25,88 (c) The state treasurer department may charge a purchaser an enrollment fee.
AB40-ASA1,25,119 (d) The state treasurer department shall promulgate rules authorizing a
10person who has entered into a contract under this subsection to change the
11beneficiary named in the contract.
AB40-ASA1,25,19 12(4) Number of tuition units purchased. A person who enters into a contract
13under sub. (3) may purchase tuition units at any time and in any number, or may
14authorize a parent, grandparent, great-grandparent, aunt, or uncle of the
15beneficiary to purchase tuition units,
except that the total number of tuition units
16purchased on behalf of a single beneficiary may not exceed the number necessary to
17cover tuition, fees and the costs of room and board, books, supplies and equipment
18required for enrollment or attendance of the beneficiary at an institution of higher
19education.
AB40-ASA1,25,22 20(5) (b) (intro.) Upon request by the beneficiary, the state treasurer department
21shall pay to the institution or beneficiary, whichever is appropriate, in each semester
22of attendance the lesser of the following:
AB40-ASA1,25,24 23(6) (a) 5. Other circumstances determined by the state treasurer department
24to be grounds for termination.
AB40-ASA1,26,4
1(b) The state treasurer department may terminate a contract under sub. (3) if
2any of the tuition units purchased under the contract remain unused 10 years after
3the anticipated academic year of the beneficiary's initial enrollment in an institution
4of higher education, as specified in the contract.
AB40-ASA1,26,6 5(7) (a) (intro.) Except as provided in sub. (7m), the state treasurer department
6shall do all of the following:
AB40-ASA1,26,97 4. If a contract is terminated under sub. (6) (a) 5., refund to the person who
8entered into the contract the amount under subd. 2. or under subd. 3., as determined
9by the state treasurer department.
AB40-ASA1,26,1510 5. If the beneficiary is awarded a scholarship, tuition waiver or similar subsidy
11that cannot be converted into cash by the beneficiary, refund to the person who
12entered into the contract, upon the person's request, an amount equal to the value
13of the tuition units that are not needed because of the scholarship, waiver or similar
14subsidy and that would otherwise have been paid by the state treasurer department
15on behalf of the beneficiary during the semester in which the beneficiary is enrolled.
AB40-ASA1,26,1716 (b) The state treasurer department shall determine the method and schedule
17for the payment of refunds under this subsection.
AB40-ASA1,26,21 18(7m) (a) (intro.) The state treasurer department may adjust the value of a
19tuition unit based on the actual earnings attributable to the tuition unit less the costs
20of administering the program under this section that are attributable to the tuition
21unit if any of the following applies:
AB40-ASA1,27,222 (b) The state treasurer department may not increase the value of a tuition unit
23under par. (a) to an amount that exceeds the value of a tuition unit that was
24purchased at a similar time, held for a similar period and used or refunded in the

1anticipated academic year of the beneficiary's attendance, as specified in the
2contract.
AB40-ASA1,27,73 (c) The state treasurer department may promulgate rules imposing or
4increasing penalties for refunds under sub. (7) (a) if the state treasurer department
5determines that such rules are necessary to maintain the status of the program
6under this section as a qualified state tuition program under section 529 of the
7Internal Revenue Code, as defined in s. 71.01 (6).
AB40-ASA1,27,12 8(9) Contract with actuary. The state treasurer department shall contract
9with an actuary or actuarial firm to evaluate annually whether the assets in the
10tuition trust fund are sufficient to meet the obligations of the state treasurer
11department under this section and to advise the state treasurer department on
12setting the price of a tuition unit under sub. (2) (b).
AB40-ASA1,27,18 13(10) (a) Annually, the state treasurer department shall submit a report to the
14governor, and to the appropriate standing committees of the legislature under s.
1513.172 (3), on the program under this section. The report shall include any
16recommendations for changes to the program that the state treasurer department
17determines are necessary to ensure the sufficiency of the tuition trust fund to meet
18the state treasurer's department's obligations under this section.
AB40-ASA1,27,2419 (b) The state treasurer department shall submit a quarterly report to the state
20investment board projecting the future cash flow needs of the tuition trust fund. The
21state investment board shall invest moneys held in the tuition trust fund in
22investments with maturities and liquidity that are appropriate for the needs of the
23fund as reported by the state treasurer department in his or her its quarterly reports.
24All income derived from such investments shall be credited to the fund.
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