AB100: Bill Text Engrossed

AB100-engrossed, s. 40 Section 40. 15.01 (2) of the statutes is amended to read:

AB100-engrossed,16,2 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members, and the parole commission which shall consist of 8 members, and the Fox River management commission which shall consist of 7 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (27) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7), and (9).

AB100-engrossed, s. 40m Section 40m. 15.01 (4) of the statutes is amended to read:

AB100-engrossed,16,12 15.01 (4) "Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Wisconsin land council has the powers specified in s. 16.965 (3) and (5) and the powers granted to agencies under ch. 227, the Milwaukee River revitalization council has the powers and duties specified in s. 23.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), and the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24.

AB100-engrossed, s. 41g Section 41g. 15.07 (1) (b) 23. of the statutes is created to read:

AB100-engrossed,16,14 15.07 (1) (b) 23. Cemetery board.

AB100-engrossed, s. 41m Section 41m. 15.07 (1) (cm) of the statutes is amended to read:

AB100-engrossed,17,3 15.07 (1) (cm) The term of one member of the ethics board shall expire on each May 1. The terms of 3 members of the development finance board appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the members of the cemetery board shall expire on July 1 in an even-numbered year.

AB100-engrossed, s. 41r Section 41r. 15.07 (1) (cs) of the statutes is amended to read:

AB100-engrossed,17,8 15.07 (1) (cs) No member of the auctioneer board, cemetery board, real estate appraisers board, or real estate board may be an officer, director, or employee of a private organization that promotes or furthers any profession or occupation regulated by that board.

AB100-engrossed, s. 42m Section 42m. 15.07 (2) (k) of the statutes is repealed.

AB100-engrossed, s. 44m Section 44m. 15.07 (3) (b) of the statutes is amended to read:

AB100-engrossed,17,15 15.07 (3) (b) Except as provided in par. (bm), each board not covered under par. (a) shall meet annually, and may meet at other times on the call of the chairperson or a majority of its members. The auctioneer board, the cemetery board, the real estate board, and the real estate appraisers board shall also meet on the call of the secretary of regulation and licensing or his or her designee within the department.

AB100-engrossed, s. 45g Section 45g. 15.07 (3) (bm) 6. of the statutes is created to read:

AB100-engrossed,17,17 15.07 (3) (bm) 6. The cemetery board shall meet at least 4 times each year.

AB100-engrossed, s. 45m Section 45m. 15.07 (5) (z) of the statutes is created to read:

AB100-engrossed,17,19 15.07 (5) (z) Members of the cemetery board, $25 per day.

AB100-engrossed, s. 47 Section 47. 15.105 (12) (e) of the statutes is amended to read:

AB100-engrossed,17,22 15.105 (12) (e) Executive director. The board shall appoint an executive director under or outside of the classified service to serve at its pleasure.

AB100-engrossed, s. 48 Section 48. 15.105 (12) (f) of the statutes is amended to read:

AB100-engrossed,18,3 15.105 (12) (f) Assistance. The executive director board may request contract with any state agency to provide assistance necessary for the board to fulfill its duties.

AB100-engrossed, s. 52 Section 52. 15.16 (2) of the statutes is repealed.

AB100-engrossed, s. 53m Section 53m. 15.225 (3) of the statutes is repealed.

AB100-engrossed, s. 54 Section 54. 15.345 (5) of the statutes is repealed.

AB100-engrossed, s. 55m Section 55m. 15.405 (3m) of the statutes is created to read:

AB100-engrossed,18,8 15.405 (3m) Cemetery board. (a) In this subsection:

AB100-engrossed,18,9 1. "Business representative" has the meaning given in s. 452.01 (3k).

AB100-engrossed,18,11 2. "Licensed cemetery authority" means a cemetery authority that is licensed under s. 440.91 (1).

AB100-engrossed,18,13 (b) There is created in the department of regulation and licensing a cemetery board consisting of the following members, who shall serve 4-year terms:

AB100-engrossed,18,15 1. Four members, each of whom is a business representative of a licensed cemetery authority.

AB100-engrossed,18,16 2. Two public members.

AB100-engrossed,18,18 (c) No member of the cemetery board may be a business representative of a religious cemetery authority, unless the religious cemetery is regulated by the board.

AB100-engrossed,18,19 (d) No member of the cemetery board may serve more than 2 terms.

AB100-engrossed, s. 56 Section 56. 15.495 of the statutes is renumbered 15.945 and amended to read:

AB100-engrossed,19,2 15.945 Same; attached board. (1) Educational approval board. There is created an educational approval board which is attached to the department of veterans affairs technical college system board under s. 15.03. The board shall consist of not more than 7 members, who shall be representatives of state agencies and other persons with a demonstrated interest in educational programs, appointed to serve at the pleasure of the governor.

AB100-engrossed, s. 57 Section 57. 16.004 (13) of the statutes is repealed.

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

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

AB100-engrossed,19,9 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-engrossed, s. 62 Section 62. 16.40 (14) of the statutes is amended to read:

AB100-engrossed,20,7 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) (1) (ka) 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) (1) (ka) 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) (1) (ka) in accordance with the modified budget during the period covered by the modified budget.

AB100-engrossed, s. 62m Section 62m. 16.40 (17) of the statutes is amended to read:

AB100-engrossed,20,12 16.40 (17) Interstate bodies. Perform administrative services required to properly account for dues and related expenses for state participation in national or regional interstate governmental bodies specified in s. 20.505 (4) (ba) (1) (ka) or determined by the governor.

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

AB100-engrossed,20,23 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-engrossed, s. 64 Section 64. 16.45 of the statutes is amended to read:

AB100-engrossed,21,10 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-engrossed, s. 65 Section 65. 16.46 (5m) of the statutes is repealed and recreated to read:

AB100-engrossed,21,14 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-engrossed, s. 66 Section 66. 16.50 (1) (b) of the statutes is amended to read:

AB100-engrossed,21,17 16.50 (1) (b) This subsection does not apply to appropriations under ss. 20.255 (2) (ac) and (r), 20.835, and 20.865 (4).

AB100-engrossed, s. 66m Section 66m. 16.50 (7) (b) of the statutes is amended to read:

AB100-engrossed,22,3 16.50 (7) (b) Following such notification, the governor shall submit a bill containing his or her recommendations for correcting the imbalance between projected revenues and authorized expenditures, including, if the imbalance is caused by actual general fund revenues being 98 percent or less of estimated general fund revenues under s. 20.005 (1), as published in the biennial budget act or acts, a recommendation as to whether moneys should be transferred from the budget stabilization fund to the general fund. If the legislature is not in a floorperiod at the time of the secretary's notification, the governor shall call a special session of the legislature to take up the matter of the projected revenue shortfall and the governor shall submit his or her bill for consideration at that session.

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

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

AB100-engrossed,22,9 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 appropriation under s. 20.255 (2) (ac) and (r).

AB100-engrossed, s. 78m Section 78m. 16.528 (5) of the statutes is amended to read:

AB100-engrossed,22,16 16.528 (5) Reports of interest paid. Annually before October 1, each agency shall report to the department the number of times in the previous fiscal year the agency paid interest under this section, the total amount of interest paid and the reasons why interest payments were not avoided by making timely payment. This subsection does not apply to the Board of Regents of the University of Wisconsin System.

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

AB100-engrossed,22,21 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-engrossed,23,2 (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-engrossed,23,4 (3) The secretary shall determine the amounts of the allocations required under sub. (2) as follows:

AB100-engrossed,23,7 (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-engrossed,23,15 (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-engrossed,23,20 (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-engrossed, s. 80 Section 80. 16.54 (2) (b) of the statutes is amended to read:

AB100-engrossed,24,7 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-engrossed, s. 81 Section 81. 16.56 of the statutes is created to read:

AB100-engrossed,24,16 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-engrossed, s. 81m Section 81m. 16.71 (1m) of the statutes is amended to read:

AB100-engrossed,25,2 16.71 (1m) The department shall not delegate to any executive branch agency, other than the board of regents of the University of Wisconsin System, the authority to enter into any contract for materials, supplies, equipment, or contractual services relating to information technology or telecommunications prior to review and approval of the contract by the department. No executive branch agency, other than the board of regents of the University of Wisconsin System, may enter into any such contract without review and approval of the contract by the department. Any delegation to the board of regents of the University of Wisconsin System is subject to the limitations prescribed in s. 36.11 (49).

AB100-engrossed, s. 81r Section 81r. 16.75 (1) (a) 1. of the statutes is amended to read:

AB100-engrossed,25,12 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment, and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8), (9), and (10m) and ss. 16.73 (4) (a), 16.751, 16.754, 16.964 (8), 50.05 (7) (f), 153.05 (2m) (a), and 287.15 (7), and 301.265, shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

AB100-engrossed, s. 83m Section 83m. 16.84 (1) of the statutes is amended to read:

AB100-engrossed,25,22 16.84 (1) Have charge of, operate, maintain and keep in repair the state capitol building, the executive residence, the light, heat and power plant, the state office buildings and their power plants, the grounds connected therewith, and such other state properties as are designated by law. All costs of such operation and maintenance shall be paid from the appropriations under s. 20.505 (5) (ka) and (kb), except for debt service costs paid under s. 20.866 (1) (u). The department shall transfer moneys from the appropriation under s. 20.505 (5) (ka) to the appropriation account under s. 20.505 (5) (kc) sufficient to make principal and interest payments on state facilities and payments to the United States under s. 13.488 (1) (m).

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

AB100-engrossed,26,3 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-engrossed,26,5 (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-engrossed,26,7 (b) Subsection (1) does not apply to property under the jurisdiction of the board of regents of the University of Wisconsin System.

AB100-engrossed,26,9 (c) Subsection (1) does not apply to property sold by the department under s. 16.98 (3).

AB100-engrossed,26,11 (d) Subsection (1) does not apply to lands under the jurisdiction of the board of commissioners of public lands.

AB100-engrossed,26,13 (e) Subsection (1) does not apply to property under the jurisdiction of the department of natural resources, except central or district office facilities.

AB100-engrossed,26,15 (f) Subsection (1) does not apply to lands acquired with revenues collected under s. 70.58.

AB100-engrossed,26,17 (g) Subsection (1) does not apply to property that is subject to sale by the department of veterans affairs under s. 45.32 (7).

AB100-engrossed,26,20 (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-engrossed,26,23 (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-engrossed,27,14 (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 sub. (5m) and 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-engrossed,27,17 (5m) If the net proceeds or the remaining net proceeds of property sales under sub. (4) exceed $36,000,000 in the 2005-07 fiscal biennium, the department shall deposit the excess amount in the budget stabilization fund.

AB100-engrossed, s. 85g Section 85g. 16.85 (4) of the statutes is repealed.