AB100: Bill Text

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.

AB100,81,1 (b) Coordinating insurance benefits for medical assistance recipients.

AB100,81,3 (c) Assisting Wisconsin Works participants in applying for supplemental security income program benefits.

AB100,81,5 (d) Obtaining and enforcing child support, including legal services related to domestic abuse.

AB100,81,7 (e) Developing discharge plans for mentally ill inmates and assisting those inmates in their community integration planning.

AB100,81,8 (f) Providing ancillary services to juvenile offenders.

AB100, s. 91 Section 91. 16.966 of the statutes is repealed and recreated to read:

AB100,81,12 16.966 Geographic information systems. The department may develop and maintain geographic information systems relating to land in this state for the use of governmental and nongovernmental units.

AB100, s. 92 Section 92. 16.967 of the statutes is repealed and recreated to read:

AB100,81,14 16.967 Land information program. (1) Definitions. In this section:

AB100,81,15 (a) "Agency" has the meaning given in s. 16.70 (1e).

AB100,81,24 (b) "Land information" means any physical, legal, economic, or environmental information or characteristics concerning land, water, groundwater, subsurface resources, or air in this state. "Land information" includes information relating to topography, soil, soil erosion, geology, minerals, vegetation, land cover, wildlife, associated natural resources, land ownership, land use, land use controls and restrictions, jurisdictional boundaries, tax assessment, land value, land survey records and references, geodetic control networks, aerial photographs, maps, planimetric data, remote sensing data, historic and prehistoric sites, and economic projections.

AB100,82,2 (c) "Land information system" means an orderly method of organizing and managing land information and land records.

AB100,82,4 (d) "Land records" means maps, documents, computer files, and any other information storage medium in which land information is recorded.

AB100,82,7 (e) "Systems integration" means land information that is housed in one jurisdiction or jurisdictional subunit and is available to other jurisdictions, jurisdictional subunits, public utilities, and other private sector interests.

AB100,82,10 (3) Duties of department. The department shall direct and supervise the land information program and serve as the state clearinghouse for access to land information. In addition, the department shall:

AB100,82,12 (a) Provide technical assistance and advice to state agencies and local governmental units with land information responsibilities.

AB100,82,14 (b) Maintain and distribute an inventory of land information available for this state, land records available for this state, and land information systems.

AB100,82,16 (c) Prepare guidelines to coordinate the modernization of land records and land information systems.

AB100,82,18 (d) Review project applications received under sub. (7) and determine which projects are approved.

AB100,82,20 (e) Review for approval a countywide plan for land records modernization prepared under s. 59.72 (3) (b).

AB100,82,23 (4) Funding report. The department shall identify and study possible program revenue sources or other revenue sources for the purpose of funding the operations of the land information program, including grants to counties under sub. (7).

AB100,83,2 (5) Fee revenue. The department shall credit all fee revenue received under s. 59.72 (5) (a) to the appropriation account under s. 20.505 (1) (ij), except that the department shall credit the amounts appropriated under s. 20.505 (1) (ie) and (if) to those appropriation accounts.

AB100,83,17 (6) Reports. By March 31 of each year, the department of administration, the department of agriculture, trade and consumer protection, the department of commerce, the department of health and family services, the department of natural resources, the department of tourism, the department of revenue, the department of transportation, the board of regents of the University of Wisconsin System, the public service commission, and the board of curators of the historical society shall each submit to the department a plan to integrate land information to enable such information to be readily translatable, retrievable, and geographically referenced for use by any state, local governmental unit, or public utility. The plans shall include the information that will be needed by local governmental units to prepare comprehensive plans containing the planning elements required under s. 66.1001 (2). Upon receipt of this information, the department shall integrate the information to enable the information to be used to meet land information data needs. The integrated information shall be readily translatable, retrievable, and geographically referenced to enable members of the public to use the information.

AB100,83,21 (7) Aid to counties. (a) A county board that has established a county land information office under s. 59.72 (3) may apply to the department on behalf of any local governmental unit, as defined in s. 59.72 (1) (c), located wholly or partially within the county for a grant for any of the following projects:

AB100,84,2 1. The design, development, and implementation of a land information system that contains and integrates, at a minimum, property and ownership records with boundary information, including a parcel identifier referenced to the U.S. public land survey; tax and assessment information; soil surveys, if available; wetlands identified by the department of natural resources; a modern geodetic reference system; current zoning restrictions; and restrictive covenants.

AB100,84,5 2. The preparation of parcel property maps that refer boundaries to the public land survey system and are suitable for use by local governmental units for accurate land title boundary line or land survey line information.

AB100,84,8 3. The preparation of maps that include a statement documenting accuracy if the maps do not refer boundaries to the public land survey system and that are suitable for use by local governmental units for planning purposes.

AB100,84,9 4. Systems integration projects.

AB100,84,11 5. To support technological developments and improvements for the purpose of providing Internet-accessible housing assessment and sales data.

AB100,84,14 (b) Grants shall be paid from the appropriation under s. 20.505 (1) (ij). A grant under this subsection may not exceed $100,000. The department may award more than one grant to a county board.

AB100,84,19 (8) Advice; cooperation. In carrying out its duties under this section, the department may seek advice and assistance from the board of regents of the University of Wisconsin System and other agencies, local governmental units, and other experts involved in collecting and managing land information. Agencies shall cooperate with the department in the coordination of land information collection.

AB100,84,23 (9) Technical assistance; education. The department may provide technical assistance to counties and conduct educational seminars, courses, or conferences relating to land information. The department shall charge and collect fees sufficient to recover the costs of activities authorized under this subsection.

AB100, s. 93 Section 93. 16.9675 of the statutes is created to read:

AB100,84,25 16.9675 Land activities. The department shall do all of the following: