AB100: Bill Text

AB100, s. 58 Section 58. 16.004 (15) of the statutes is created to read:

AB100,68,19 16.004 (15) Legal services. (a) In this subsection, "state agency" means an office, commission, department, independent agency, or board in the executive branch of state government, and includes the building commission.

AB100,68,23 (b) The department may provide legal services to state agencies. Annually, the department shall assess each state agency for the cost of the legal services provided to the state agency. The department shall credit all moneys received from state agencies under this paragraph to the appropriation account under s. 20.505 (1) (kr).

AB100,68,25 (c) An attorney employed by the department may prosecute or defend any action brought by or against the state in any matter relating to tax litigation.

AB100, s. 59 Section 59. 16.03 (3) of the statutes is amended to read:

AB100,69,5 16.03 (3) Report. The interagency coordinating council shall report at least twice annually to the health care quality and patient safety board on health care information in the department of health and family services administration, concerning the council's activities under this section.

AB100, s. 60 Section 60. 16.27 (3) (e) 2. of the statutes is repealed.

AB100, s. 61 Section 61. 16.27 (3) (e) 3. of the statutes is amended to read:

AB100,69,11 16.27 (3) (e) 3. Except as provided under subd. 6., allocate the balance of funds received under 42 USC 8621 to 8629 in a federal fiscal year, after making the allocations under pars. (c) and (d) and subds. 1. and 2. subd. 1., for the payment of heating assistance or for the payment of crisis assistance under sub. (6).

AB100, s. 62 Section 62. 16.40 (14) of the statutes is amended to read:

AB100,70,11 16.40 (14) Committees. Perform administrative services required to properly account for the finances of committees created by law or executive order. The governor may authorize each committee to make expenditures from the appropriation under s. 20.505 (4) (ba) not exceeding $2,000 per fiscal year. The governor shall report such authorized expenditures to the joint committee on finance at the next quarterly meeting of the committee. If the governor desires to authorize expenditures of more than $2,000 per fiscal year by a committee, the governor shall submit to the joint committee on finance for its approval a complete budget for all expenditures made or to be made by the committee. The budget may cover a period encompassing more than one fiscal year or biennium during the governor's term of office. If the joint committee on finance approves a budget authorizing expenditures of more than $2,000 per fiscal year by such a committee, the governor may authorize the expenditures to be made within the limits of the appropriation under s. 20.505 (4) (ba) in accordance with the approved budget during the period covered by the budget. If after the joint committee on finance approves a budget for such a committee the governor desires to authorize expenditures in excess of the authorized expenditures under the approved budget, the governor shall submit a modified budget for the committee to the joint committee on finance. If the joint committee on finance approves a modified budget, the governor may authorize additional expenditures to be made within the limits of the appropriation under s. 20.505 (4) (ba) in accordance with the modified budget during the period covered by the modified budget. The secretary may reduce or eliminate proposed expenditures under this subsection in any fiscal year if the amount appropriated under s. 20.505 (4) (ba) for that fiscal year is insufficient to fully fund the proposed expenditures.

AB100, s. 63 Section 63. 16.43 of the statutes is amended to read:

AB100,70,22 16.43 Budget compiled. The secretary shall compile and submit to the governor or the governor-elect and to each person elected to serve in the legislature during the next biennium, not later than November 20 of each even-numbered year, a compilation giving all of the data required by s. 16.46 to be included in the state budget report, except the recommendations of the governor and the explanation thereof. The secretary shall not include in the compilation any provision for the development or implementation of an information technology development project for an executive branch agency that is not consistent with the strategic plan of the agency, as approved under s. 16.976. The secretary may distribute the budget compilation in printed or optical disk format.

AB100, s. 64 Section 64. 16.45 of the statutes is amended to read:

AB100,71,8 16.45 Budget message to legislature. In each regular session of the legislature, the governor shall deliver the budget message to the 2 houses in joint session assembled. Unless a later date is requested by the governor and approved by the legislature in the form of a joint resolution, the budget message shall be delivered on or before the last Tuesday in January of the odd-numbered year. With the message the governor shall transmit to the legislature, as provided in ss. 16.46 and 16.47, the biennial state budget report and the executive budget bill or bills together with suggestions for the best methods for raising the needed revenues. The governor may distribute the biennial state budget report in printed or optical disk format.

AB100, s. 65 Section 65. 16.46 (5m) of the statutes is repealed and recreated to read:

AB100,71,12 16.46 (5m) A statement of estimated general purpose revenue receipts and expenditures in the biennium following the succeeding biennium based on recommendations in the budget bill or bills.

AB100, s. 66 Section 66. 16.50 (1) (b) of the statutes is amended to read:

AB100,71,15 16.50 (1) (b) This subsection does not apply to appropriations under ss. 20.255 (2) (ac) and, (af), and (r), 20.835, and 20.865 (4).

AB100, s. 67 Section 67. 16.505 (3m) of the statutes is repealed.

AB100, s. 68 Section 68. 16.518 (title) of the statutes is amended to read:

AB100,71,19 16.518 (title) Transfers to the budget stabilization fund and the cash building projects health care quality improvement fund.

AB100, s. 69 Section 69. 16.518 (3) (b) 3. of the statutes is created to read:

AB100,71,24 16.518 (3) (b) 3. In the 2006-07 fiscal year, the secretary shall reduce any amount transferred to the budget stabilization fund under par. (a) by an amount necessary to ensure that the distribution on June 15, 2007, under s. 79.10 (7m) (a) 1. b. is made.

AB100, s. 70 Section 70. 16.518 (3) (b) 4. of the statutes is created to read:

AB100,72,3 16.518 (3) (b) 4. In the 2006-07 fiscal year, the secretary shall reduce any amount transferred to the budget stabilization fund under par. (a) by an amount necessary to fund the appropriation under s. 20.255 (2) (af).

AB100, s. 71 Section 71. 16.518 (4) of the statutes is created to read:

AB100,72,10 16.518 (4) Notwithstanding sub. (3), if the amount of moneys projected to be deposited in the general fund during the 2005-07 fiscal biennium that are designated as "Taxes" in the summary is less than the amount of such moneys estimated to be deposited in the general fund during that fiscal biennium, as determined by the department under s. 79.10 (7m) (a) 1. b., the secretary may transfer any of the excess to the health care quality improvement fund.

AB100, s. 72 Section 72. 16.52 (10) of the statutes is amended to read:

AB100,72,14 16.52 (10) Department of public instruction. The provisions of sub. (2) with respect to refunds and sub. (5) (a) with respect to reimbursements for the prior fiscal year shall not apply to the appropriations under s. 20.255 (2) (ac) and, (af), and (r).

AB100, s. 73 Section 73. 16.526 (title) of the statutes is repealed and recreated to read:

AB100,72,17 16.526 (title) Revenue obligation program to fund costs of the Medical Assistance program.

AB100, s. 74 Section 74. 16.526 (1) of the statutes is amended to read:

AB100,73,6 16.526 (1) For purposes of subch. II of ch. 18, the purposes of obtaining proceeds to pay the state's anticipated unfunded prior service liability under s. 40.05 (2) (b) and of paying the state's unfunded prior service liability under s. 40.05 (2) (b) and the state's unfunded liability under s. 40.05 (4) (b), (bc), and (bw) and subch. IX of ch. 40 fund costs of the Medical Assistance program is a special fund program, and the excise tax fund is a special fund. The legislature finds and determines that the excise tax fund is a segregated fund consisting of fees, penalties, or excise taxes and that financing the special Medical Assistance program to pay the state's unfunded prior service liability under s. 40.05 (2) (b) and the state's unfunded liability under s. 40.05 (4) (b), (bc), and (bw) and subch. IX of ch. 40 fund costs from the net proceeds of revenue obligations issued under this section is appropriate and will serve a public purpose by improving the quality of, and access of citizens of this state to, health care services.

AB100, s. 75 Section 75. 16.526 (2) of the statutes is amended to read:

AB100,73,17 16.526 (2) The net proceeds of revenue obligations issued under subch. II of ch. 18, as authorized under this section, shall be deposited in a fund in the state treasury, or an account maintained by a trustee, created under s. 18.57 (1). The moneys shall be applied for ancillary payments and for the provision of reserves, as determined by the building commission, and for the payment of part or all of the state's unfunded prior service liability under s. 40.05 (2) (b) and the state's unfunded liability under s. 40.05 (4) (b), (bc), and (bw) and subch. IX of ch. 40, as determined by the department, costs of the Medical Assistance program, and any remainder shall be paid into a retirement liability an excise tax revenue obligation redemption fund created under 18.562 (3).

AB100, s. 76 Section 76. 16.526 (5) (b) of the statutes is amended to read:

AB100,74,6 16.526 (5) (b) Except as otherwise provided in this paragraph, the secretary shall determine the requirements for funds to be obtained from revenue obligations issued under this section to pay the state's anticipated unfunded prior service liability under s. 40.05 (2) (b) and funds used for the payment of the state's unfunded prior service liability under s. 40.05 (2) (b) and the state's unfunded liability under s. 40.05 (4) (b), (bc), and (bw) and subch. IX of ch. 40, that are to be paid from revenue obligations issued under this section, shall be determined by the secretary costs of the Medical Assistance program. The sum amount of expenditures to be paid from revenue obligations issued under this section and appropriation obligations issued under s. 16.527, if any, excluding any appropriation revenue obligations that have been defeased under a cash optimization program administered by the building commission and any appropriation obligations issued pursuant to s. 16.527 (3) (b) 3., shall not exceed $1,500,000,000 $130,000,000.

AB100, s. 77 Section 77. 16.526 (5) (c) of the statutes is created to read:

AB100,74,10 16.526 (5) (c) For the purpose of s. 18.58 (4), the department is carrying out program responsibilities for which the revenue obligations are authorized under this section.

AB100, s. 78 Section 78. 16.527 (3) (b) 2. of the statutes is amended to read:

AB100,74,16 16.527 (3) (b) 2. The sum of appropriation obligations issued under this section, excluding any obligations that have been defeased under a cash optimization program administered by the building commission and any obligations issued pursuant to subd. 3., and revenue obligations issued under s. 16.526, if any, may not exceed $1,500,000,000.

AB100, s. 79 Section 79. 16.529 of the statutes is repealed and recreated to read:

AB100,74,21 16.529 Lapses and fund transfers relating to unfunded retirement liability debt service. (1) The definitions in s. 20.001 are applicable in this section, except that "state agency" does not include the department of employee trust funds or the investment board.

AB100,75,2 (2) Beginning in the 2007-09 fiscal biennium, during each fiscal biennium the secretary shall lapse to the general fund or transfer to the general fund from each state agency appropriation specified in sub. (3) an amount equal to that portion of the total amount of principal and interest to be paid on obligations issued under s. 16.527 during the fiscal biennium that is allocable to the appropriation, as determined under sub. (3).

AB100,75,4 (3) The secretary shall determine the amounts of the allocations required under sub. (2) as follows:

AB100,75,7 (a) The secretary shall first determine the total amount of Wisconsin retirement system contributions that are to be paid by the state under s. 40.05 during the fiscal biennium.

AB100,75,15 (b) The secretary shall then determine the percentage of the total amount determined under par. (a) that is allocable to each state agency appropriation from which Wisconsin retirement system contributions under s. 40.05 are paid. The secretary shall exclude from this determination any appropriation from which a lapse or transfer to pay any principal or interest amount on obligations issued under s. 16.527 would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse or transfer would violate the federal or state constitution.

AB100,75,20 (c) For each appropriation identified under par. (b), the secretary shall then apply the percentage calculated under par. (b) to the total amount of principal and interest to be paid during the fiscal biennium on obligations issued under s. 16.527. This amount is the portion of the total amount of principal and interest paid on the obligations during that fiscal biennium that is allocable to each appropriation.

AB100, s. 80 Section 80. 16.54 (2) (b) of the statutes is amended to read:

AB100,76,7 16.54 (2) (b) Upon presentation by the department to the joint committee on finance of alternatives to the provisions under s. 16.27, the joint committee on finance may revise the eligibility criteria under s. 16.27 (5), or benefit payments under s. 16.27 (6) or the amount allocated for crises under s. 16.27 (3) (e) 2., and the department shall implement those revisions. Benefits or eligibility criteria so revised shall take into account and be consistent with the requirements of federal regulations promulgated under 42 USC 8621 to 8629. If funds received under 42 USC 8621 to 8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, the department shall submit to the joint committee on finance a plan for expenditure of the funds. The department may not use the funds unless the committee approves the plan.

AB100, s. 81 Section 81. 16.56 of the statutes is created to read:

AB100,76,16 16.56 Grain inspection funding. On June 30 of each fiscal year, the department shall determine whether the accumulated expenses for the inspection and certification of grain under s. 93.06 (1m) have exceeded the accumulated revenues from conducting that inspection and certification as of that date. If so, immediately before the end of the fiscal year, the department shall transfer the unencumbered balances in the appropriation accounts under s. 20.115 (1) (a), (2) (a), (3) (a), (7) (a), and (8) (a), up to the amount of the excess, to the appropriation account under s. 20.115 (1) (h).

AB100, s. 82 Section 82. 16.75 (4) (d) of the statutes is amended to read:

AB100,76,21 16.75 (4) (d) In this subsection and s. 16.755, "veteran-owned business" means a small business, as defined in par. (c), that is certified by the department of veterans affairs as being at least 51% owned by one or more veterans, as defined in s. 45.35 (5) 45.001 (4).

AB100, s. 83 Section 83. 16.771 of the statutes is created to read:

AB100,77,4 16.771 False claims. Whoever knowingly presents or causes to be presented a false claim for payment under any contract or order for materials, supplies, equipment, or contractual services to be provided to an agency shall forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the damages that were sustained by the state or would have been sustained by the state, whichever is greater, as a result of the false claim. The attorney general may bring an action on behalf of the state to recover any forfeiture incurred under this section.

AB100, s. 84 Section 84. 16.841 (1) (b) of the statutes is amended to read:

AB100,77,8 16.841 (1) (b) "Child care provider" means a provider licensed under s. 48.65 49.98, certified under s. 48.651 49.156, or established or contracted for under s. 120.13 (14).

AB100, s. 85 Section 85. 16.848 of the statutes is created to read:

AB100,77,14 16.848 Sale of certain state property. (1) Except as provided in sub. (2) and subject to sub. (3), the department may sell any state-owned real property, if the department determines that the sale is in the best interest of the state. The sale may be either on the basis of public bids, with the department reserving the right to reject any bid in the interest of the state, or negotiated prices.

AB100,77,16 (2) (a) Subsection (1) does not authorize the closure or sale of any facility or institution the operation of which is provided for by law.

AB100,77,18 (b) Subsection (1) does not apply to property under the jurisdiction of the board of regents of the University of Wisconsin System.

AB100,77,20 (c) Subsection (1) does not apply to property sold by the department under s. 16.98 (3).

AB100,77,22 (d) Subsection (1) does not apply to lands under the jurisdiction of the board of commissioners of public lands.

AB100,77,24 (e) Subsection (1) does not apply to property under the jurisdiction of the department of natural resources, except central or district office facilities.

AB100,78,2 (f) Subsection (1) does not apply to lands acquired with revenues collected under s. 70.58.

AB100,78,4 (g) Subsection (1) does not apply to property that is subject to sale by the department of veterans affairs under s. 45.72 (7).

AB100,78,7 (h) The department shall not sell any property under this section that is leased by the state until the lease expires or the lease is modified, renewed, or extended, whichever first occurs, without consent of the lessee.

AB100,78,10 (3) The department shall not sell any state property under sub. (1) unless the sale is approved by the building commission under 2005 Wisconsin Act .... (this act), section 9101 (4) (b).

AB100,79,2 (4) Except as provided in s. 13.48 (14) (e), if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold under sub. (1), the department shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the department shall pay to the federal government any of the net proceeds required by federal law. If the property was acquired by gift or grant or acquired with gift or grant funds, the department shall adhere to any restriction governing use of the proceeds. Except as required under ss. 13.48 (14) (e), 20.395 (9) (qd), and 51.06 (6), if there is no such debt outstanding, there are no moneys payable to the federal government, and there is no restriction governing use of the proceeds, and if the net proceeds exceed the amount required to be deposited, paid, or used for another purpose under this subsection, the department shall deposit the net proceeds or remaining net proceeds in the general fund.

AB100, s. 86 Section 86. 16.871 of the statutes is created to read:

AB100,79,4 16.871 False claims. (1) In this section:

AB100,79,5 (a) "Agency" has the meaning given in s. 16.70 (1e).

AB100,79,6 (b) "Construction work" has the meaning given in s. 16.87 (1) (a).

AB100,79,7 (c) "Limited trades work" has the meaning given in s. 16.70 (7).

AB100,79,14 (2) Whoever knowingly presents or causes to be presented a false claim under any contract for construction work or limited trades work, or for engineering or architectural services, to be provided to any agency shall forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the damages that were sustained by the state or would have been sustained by the state, whichever is greater, as a result of the false claim. The attorney general may bring an action on behalf of the state to recover any forfeiture incurred under this subsection.

AB100, s. 87 Section 87. 16.891 of the statutes is created to read:

AB100,79,16 16.891 Reports on cost of occupancy of state facilities. (1) In this section:

AB100,79,17 (a) "Agency" has the meaning given in s. 16.70 (1e).

AB100,79,22 (b) "Total cost of occupancy" means the cost to operate and maintain the physical plant of a building, structure, or facility, including administrative costs of an agency attributable to operation and maintenance of a building, structure, or facility, together with any debt service costs associated with the building, structure, or facility, computed in the manner prescribed by the department.

AB100,80,5 (2) Except as provided in sub. (4), each agency shall report to the department no later than October 1 of each year concerning the total cost of occupancy of each state-owned building, structure, and facility, excluding public highways and bridges, under the jurisdiction of the agency for the preceding fiscal year. The report shall be made in a format prescribed by the department. Beginning in 2009, if a building, structure, or facility is a part of an institution, the agency having jurisdiction of the institution shall also include in its report the total cost of occupancy of all of the buildings, structures, and facilities within the institution.

AB100,80,12 (3) No later than December 1 of each year, the department shall compile the information received under sub. (2) and transmit a consolidated report to the building commission on the total cost of occupancy of all buildings, structures, and facilities included in the reports filed under sub. (2), itemized for each building, structure, and facility. The report shall include, for each building, structure, or facility, the recommendations of the department concerning the desired total cost of occupancy for that building, structure, or facility.

AB100,80,15 (4) The department may exempt an agency from compliance with the reporting requirement under sub. (2) with respect to any building, structure, or facility that the department determines to have a minimal total cost of occupancy.

AB100, s. 88 Section 88. 16.964 (7) of the statutes is repealed.

AB100, s. 89 Section 89. 16.964 (9) of the statutes is repealed.

AB100, s. 90 Section 90. 16.964 (10) of the statutes is created to read:

AB100,80,23 16.964 (10) Annually, the office shall pay the amount appropriated under s. 20.505 (6) (e) to the Wisconsin Trust Account Foundation, Inc., to provide civil legal services to indigent persons. The Wisconsin Trust Account Foundation, Inc., shall distribute the amount received as grants to programs that provide civil legal services to indigent persons. The grants may be used only for the following civil legal services:

AB100,80,25 (a) Serving as guardian ad litem for cases with the bureau of Milwaukee child welfare of the department of health and family services.