SB45: Bill Text

SB45, s. 100 Section 100. 16.76 (4) (h) of the statutes is created to read:

SB45,152,3 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, s. 101 Section 101. 16.76 (4) (i) of the statutes is created to read:

SB45,152,9 16.76 (4) (i) A master lease may not provide that the right of the department or any other agency to obtain property or services under the lease depends on payments to be made by a municipality for property or services obtained by the municipality under the lease unless the obligation of the municipality to make those payments constitutes a general obligation.

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

SB45,152,14 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, s. 103 Section 103. 16.77 (1) of the statutes is amended to read:

SB45,152,23 16.77 (1) No bill or statement for work or labor performed under purchase orders or contracts issued by the secretary or the secretary's designated agents, and no bill or statement for supplies, materials, equipment or contractual services purchased for and delivered to any agency may be paid until the bill or statement is approved through a preaudit or postaudit process determined by the secretary. This subsection does not apply to purchases made by the investment board or to purchases made directly by the courts, the legislature or a legislative service or judicial branch agency under s. 16.74.

SB45, s. 104 Section 104. 16.78 (1) of the statutes is amended to read:

SB45,153,8 16.78 (1) Every agency other than the board of regents of the university of Wisconsin system or an agency making purchases under s. 16.74 or 16.745 shall purchase all computer services from the division of information technology services in the department of administration, unless the division grants written authorization to the agency to procure the services under s. 16.75 (1), to purchase the services from another agency or to provide the services to itself. The board of regents of the university of Wisconsin system may purchase computer services from the division of information technology services.

SB45, s. 105 Section 105. 16.84 (14) of the statutes is amended to read:

SB45,153,12 16.84 (14) Provide interagency mail delivery service for agencies, as defined in s. 16.70 (1). The department may charge agencies for this service. Any moneys collected shall be credited to the appropriation account under s. 20.505 (1) (kd) (ka).

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

SB45,154,6 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.

SB45,154,14 (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, s. 107 Section 107. 16.858 (4) of the statutes is amended to read:

SB45,155,2 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, s. 108 Section 108. 16.952 of the statutes is created to read:

SB45,155,6 16.952 Planning grants to local governmental units. (1) In this section, "local governmental unit" means a county, city, village, town or regional planning commission.

SB45,155,18 (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, 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 shall require any local governmental unit that receives a grant under this section to finance at least 20% 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, s. 109 Section 109. 16.956 of the statutes is repealed.

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

SB45,155,22 16.964 (6) (a) In this subsection, "tribe" means a federally recognized American Indian tribe or band in this state.

SB45,156,5 (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. (b). 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.

SB45,156,8 (c) The office shall develop criteria and procedures for use in administering this subsection. Notwithstanding s. 227.10 (1), the criteria need not be promulgated as rules under ch. 227.

SB45, s. 111 Section 111. 16.966 (3) of the statutes is amended to read:

SB45,156,14 16.966 (3) The department shall develop and maintain a computer-based Wisconsin land information system and may develop and maintain other geographic information systems relating to land in this state for the use of governmental and nongovernmental units. In conjunction with the land information system, the department may conduct soil surveys and soil mapping activities.

SB45, s. 112 Section 112. 16.966 (5) and (6) of the statutes are created to read:

SB45,156,21 16.966 (5) The department may assess any state agency for any amount that it determines to be required to conduct soil surveys and soil mapping activities. For this purpose, the department may assess state agencies on a premium basis and pay costs incurred on an actual basis. The department shall credit all moneys received from state agencies under this subsection to the appropriation account under s. 20.505 (1) (kt).

SB45,156,24 (6) The department may contract with the board of commissioners of public lands to perform soil surveys and soil mapping activities on lands under the jurisdiction of that board.

SB45, s. 113 Section 113. 16.967 (3) (intro.) of the statutes is amended to read:

SB45,157,3 16.967 (3) Board duties. (intro.) The Except as otherwise provided in s. 16.966 (3), the board shall direct and supervise the land information program and serve as the state clearinghouse for access to land information. In addition, the board shall:

SB45, s. 114 Section 114. 16.967 (5) of the statutes is repealed.

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

SB45,157,13 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). 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, s. 116 Section 116. 16.974 (7) of the statutes is amended to read:

SB45,157,19 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.

SB45,157,24 (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.

SB45,158,3 (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, s. 117 Section 117. 16.974 (7) (d) of the statutes is created to read:

SB45,158,8 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 (5) and contract with telecommunications providers to provide such access.

SB45, s. 118 Section 118. 17.13 (intro.) of the statutes is amended to read:

SB45,158,13 17.13 Removal of village, town, town sanitary district, school district and, technical college and family care district officers. (intro.) Officers of towns, town sanitary districts, villages, school districts and, technical college districts and family care districts may be removed as follows:

SB45, s. 119 Section 119. 17.13 (4) of the statutes is created to read:

SB45,158,17 17.13 (4) Appointive officers of a family care district. Any member of a family care district board appointed under s. 46.2895 (3) (a) 1., by the appointing authority for cause.

SB45, s. 120 Section 120. 17.15 (5) of the statutes is created to read:

SB45,158,21 17.15 (5) Family care district. Any member of a family care district governing board appointed under s. 46.2895 (3) (a) 2. may be removed by the appointing authority for cause.

SB45, s. 121 Section 121. 17.27 (3m) of the statutes is created to read:

SB45,159,2 17.27 (3m) Family care district board. If a vacancy occurs in the position of any appointed member of a family care district board, the appointing authority shall appoint to serve for the residue of the unexpired term a person who meets the applicable requirements under s. 46.2895 (3) (b).

SB45, s. 122 Section 122. 18.51 of the statutes is amended to read:

SB45,159,8 18.51 Provisions applicable. The following sections apply to this subchapter, except that all references to "public debt" or "debt" are deemed shall be read to refer to a "revenue obligation" and all references to "evidences of indebtedness" shall be read to refer to "evidences of revenue obligations": ss. 18.02, 18.03, 18.06 (8), 18.07, 18.10 (1), (2), (4) to (9) and (11) and 18.17.

SB45, s. 123 Section 123. 18.52 (2m) (intro.) of the statutes is created to read:

SB45,159,11 18.52 (2m) (intro.) "Enterprise obligation" means every undertaking by the state to repay a certain amount of borrowed money that is all of the following:

SB45, s. 124 Section 124. 18.52 (5) (intro.) of the statutes is renumbered 18.52 (5) and amended to read:

SB45,159,17 18.52 (5) "Revenue obligation" means every undertaking by the state to repay a certain amount of borrowed money which is: an enterprise obligation or a special fund obligation. A revenue obligation may be both an enterprise obligation and a special fund obligation.

SB45, s. 125 Section 125. 18.52 (5) (a) of the statutes is renumbered 18.52 (2m) (a) and amended to read:

SB45,159,22 18.52 (2m) (a) Created for the purpose of purchasing, acquiring, leasing, constructing, extending, expanding, adding to, improving, conducting, controlling, operating or managing a revenue-producing enterprise or program;.

SB45, s. 126 Section 126. 18.52 (5) (b) of the statutes is renumbered 18.52 (2m) (b) and amended to read:

SB45,160,2 18.52 (2m) (b) Payable solely from and secured solely by the property or income or both of the enterprise or program; and.

SB45, s. 127 Section 127. 18.52 (5) (c) of the statutes is renumbered 18.52 (2m) (c).

SB45, s. 128 Section 128. 18.52 (7) of the statutes is created to read:

SB45,160,6 18.52 (7) "Special fund obligation" means every undertaking by the state to repay a certain amount of borrowed money which is all of the following:

SB45,160,7 (a) Payable from a special fund consisting of fees, penalties or excise taxes.

SB45,160,8 (b) Not public debt under s. 18.01 (4).

SB45, s. 129 Section 129. 18.52 (8) of the statutes is created to read:

SB45,160,12 18.52 (8) "Special fund program" means a state program or purpose with respect to which the legislature has determined that financing with special fund obligations is appropriate and will serve a public purpose.

SB45, s. 130 Section 130. 18.53 (3) of the statutes is renumbered 18.53 (3) (intro.) and amended to read:

SB45,160,22 18.53 (3) (intro.) The commission shall authorize money to be borrowed and evidences of revenue obligation to be issued therefor up to the amounts specified by the legislature to purchase, acquire, lease, construct, extend, expand, add to, improve, conduct, control, operate or manage such revenue-producing enterprises or programs as are specified by the legislature as the funds are required. The requirements for funds shall be established by the state department or agency head carrying out program responsibilities for which the revenue obligations have been authorized by the legislature., but shall not exceed the following:

SB45, s. 131 Section 131. 18.53 (3) (a) and (b) of the statutes are created to read:

SB45,161,2 18.53 (3) (a) In the case of enterprise obligations, the amounts specified by the legislature to purchase, acquire, lease, construct, extend, expand, add to, improve, conduct, control, operate or manage such revenue-producing enterprises or programs as are specified by the legislature.

SB45,161,4 (b) In the case of special fund obligations, the amount specified by the legislature for such expenditures to be paid from special fund obligations.

SB45, s. 132 Section 132. 18.56 (1) of the statutes is renumbered 18.56 and amended to read:

SB45,161,18 18.56 Revenue bonds obligations. The commission may authorize, for any of the purposes described in s. 18.53 (3), the issuance of revenue-obligation bonds revenue obligations. The bonds revenue obligations shall mature at any time not exceeding 50 years from the date thereof as the commission shall determine. The bonds revenue obligations shall be payable only out of the redemption fund provided under sub. s. 18.561 (5) or 18.562 (3) and each bond revenue obligation shall contain on its face a statement to that effect. Any such bonds A revenue obligation may contain a provision authorizing redemption, in whole or in part, at stipulated prices, at the option of the commission and shall provide the method of redeeming the bonds. The state and a contracting party may provide in any contract for purchasing or acquiring a revenue-producing enterprise or program, that payment shall be made in such bonds revenue obligations.

SB45, s. 133 Section 133. 18.56 (2) to (6) of the statutes are renumbered 18.561 (2) to (6) and amended to read:

SB45,163,3 18.561 (2) Security interests of owners of enterprise obligations. There shall be is a mortgage lien upon or security interest in the income and property of each revenue-producing enterprise or program to for the benefit of the holders owners of the related bonds and to the holders of the coupons of the bonds. The note or other instrument evidencing the security interest of a bondholder in a loan made or purchased with revenue obligation bonds shall constitute a statutory lien on the revenue enterprise obligations. No physical delivery, recordation or other action is required to perfect the security interest. The income and property of the revenue-producing enterprise or program shall remain subject to the lien until provision for payment in full of the principal and interest of the bonds enterprise obligations has been made, as provided in the authorizing resolution. Any holder owner of such bonds or attached coupons enterprise obligations may either at law or in equity protect and enforce the lien and compel performance of all duties required by this section. If there is any default in the payment of the principal or interest of any of such bonds enterprise obligations, any court having jurisdiction of the action may appoint a receiver to administer the revenue-producing enterprise or program on behalf of the state and the bondholders owners of the enterprise obligations, with power to charge and collect rates sufficient to provide for the payment of the operating expenses and also to pay any bonds or enterprise obligations outstanding against the revenue-producing enterprise or program, and to apply the income and revenues thereof in conformity with this subchapter and the authorizing resolution, or the court may declare the whole amount of the bonds enterprise obligations due and payable, if such relief is requested, and may order and direct the sale of the revenue-producing enterprise or program. Under any sale so ordered, the purchaser shall be vested with an indeterminate permit to maintain and operate the revenue-producing enterprise or program. The legislature may provide for additions, extensions and improvements to a revenue-producing enterprise or program to be financed by additional issues of bonds enterprise obligations as provided by this section. Such additional issues of bonds enterprise obligations shall be subordinate to all prior related issues of bonds enterprise obligations which may have been made under this section, unless the legislature, in the statute authorizing the initial issue of bonds enterprise obligations, permits the issue of additional bonds enterprise obligations on a parity therewith.

SB45,163,17 (3) Dedication of revenues. As accurately as possible in advance, the commission and the state department or agency carrying out program responsibilities for which bonds enterprise obligations are to be issued shall determine, and the commission shall fix in the authorizing resolution for such bonds enterprise obligations: the proportion of the revenues of the revenue-producing enterprise or program which shall be necessary for the reasonable and proper operation and maintenance thereof; the proportion of the revenues which shall be set aside as a proper and adequate replacement and reserve fund; and the proportion of the revenues which shall be set aside and applied to the payment of the principal and interest of the bonds enterprise obligations, and shall provide that the revenues be set aside in separate funds. At any time after one year's operation, the state department or agency and the commission may recompute the proportion of the revenues which shall be assignable under this subsection based upon the experience of operation or upon the basis of further financing.

SB45,164,4 (4) Replacement and reserve fund. The proportion set aside to the replacement and reserve fund shall be available and shall be used, whenever necessary, to restore any deficiency in the redemption fund for the payment of the principal and interest due on bonds enterprise obligations and for the creation and maintenance of any reserves established by the authorizing resolution to secure such payments. At any time when the redemption fund is sufficient for said purposes, moneys in the replacement and reserve fund may, subject to available appropriations, be expended either in the revenue-producing enterprise or program or in new acquisitions, constructions, extensions or, additions, expansions or improvements. Any accumulations of the replacement and reserve fund may be invested as provided in this subchapter, and if invested, the income from the investment shall be carried in the replacement and reserve fund.

SB45,164,17 (5) Redemption fund. The proportion which shall be set aside for the payment of the principal and interest of such bonds on the enterprise obligations shall from month to month as they accrue and are received, be set apart and paid into a separate fund in the treasury or in an account maintained by a trustee under sub. (9) (j) to be identified as "the ... redemption fund". Each redemption fund shall be expended, and all moneys from time to time on hand therein are irrevocably appropriated, in sums sufficient, only for the payment of principal and interest on the revenue enterprise obligations giving rise to it and premium, if any, due upon refunding redemption of any such obligations. Moneys in the redemption funds may be commingled only for the purpose of investment with other public funds, but they shall be invested only in investment instruments permitted in s. 25.17 (3) (dr). All such investments shall be the exclusive property of the fund and all earnings on or income from such investments shall be credited to the fund.

SB45,164,20 (6) Redemption fund surplus. If any surplus is accumulated in any of the redemption funds, subject to any contract rights vested in holders owners of revenue enterprise obligations secured thereby, it shall be paid over to the treasury.

SB45, s. 134 Section 134. 18.56 (7) and (8) of the statutes are renumbered 18.561 (7) and (8).

SB45, s. 135 Section 135. 18.56 (9) (intro.) of the statutes is renumbered 18.561 (9) (intro.) and amended to read:

SB45,165,9 18.561 (9) Authorizing resolution. (intro.) The commission may provide in the authorizing resolution for bonds enterprise obligations or by subsequent action all things necessary to carry into effect this section. Any authorizing resolution shall constitute a contract with the holder owners of any bonds enterprise obligations issued pursuant to such the resolution. Any authorizing resolution may contain such provisions or covenants, without limiting the generality of the power to adopt the resolution, as is are deemed necessary or desirable for the security of bondholders the owners of enterprise obligations or the marketability of the bonds enterprise obligations, including but not limited to provisions as to:

SB45, s. 136 Section 136. 18.56 (9) (a) to (j) of the statutes are renumbered 18.561 (9) (a) to (j).

SB45, s. 137 Section 137. 18.56 (10) of the statutes is renumbered 18.561 (10) and amended to read:

SB45,166,14 18.561 (10) Sinking fund. The authorizing resolution may set apart bonds enterprise obligations the par value of which are equal to the principal amount of any secured obligation or charge subject to which a revenue-producing enterprise or program is to be purchased or acquired, and shall set aside in a sinking fund from the income of the revenue-producing enterprise or program, a sum sufficient to comply with the requirements of the instrument creating the security , or if interest. If the instrument does not make any provision therefor for a sinking fund, the resolution shall fix and determine the amount which that shall be set aside into such the sinking fund from month to month for interest on the secured obligation or charge, and a fixed amount or proportion not exceeding a stated sum, which shall be not less than one percent of the principal, to be set aside into the fund to pay the principal of the secured obligation or charge. Any balance in the fund after satisfying the secured obligations or charge, shall be transferred to the redemption fund. Bonds Enterprise obligations set aside for the secured obligation or charge may, from time to time, be issued to an amount sufficient with the amount then in the sinking fund, to pay and retire the secured obligation or charge or any portion thereof. The bonds enterprise obligation may be issued in exchange for or satisfaction of the secured obligation or charge, or may be sold in the manner provided in this subchapter, and the proceeds applied in payment of the same at maturity or before maturity by agreement with the holder owner of the secured obligation or charge. The commission and the owners of any revenue-producing enterprise or program acquired or purchased may, upon such terms and conditions as are satisfactory, contract that bonds enterprise obligations to provide for the discharge of the secured obligation or charge, or for the whole purchase price shall be deposited with a trustee or depository and released from the deposit from time to time on such terms and conditions as are necessary to secure the payment of the secured obligation or charge.

SB45, s. 138 Section 138. 18.561 (title) of the statutes is created to read:

SB45,166,16 18.561 (title) Enterprise obligations.

SB45, s. 139 Section 139. 18.561 (1) of the statutes is created to read:

SB45,166,20 18.561 (1) Payment with revenue obligations. The state and a contracting party may provide, in any contract for purchasing or acquiring a revenue-producing enterprise or program, that payment shall be made in revenue obligations.