AB75: Bill Text

Under current law, DOT provides state aid payments, for each of four classes of mass transit systems, to local public bodies in urban areas served by mass transit systems to assist with their costs.

This bill increases in 2010 and 2011 the amount of state aid to each class of mass transit.

This bill authorizes DOT to award grants to cities, villages, towns, and counties, or enter into contracts with private providers of intercity bus service, for the purpose of increasing the availability of intercity bus service. The amount of DOT funding related to any particular bus route is limited to the lesser of 50 percent of the net operating loss of the route or the net operating loss of the route that is not covered by federal funding.

This bill creates the southeast Wisconsin Transit Capital Assistance Program under which DOT may award grants, subject to certain conditions and restrictions, for transit capital improvements to qualifying transit authorities located in southeastern Wisconsin (presently only the southeast regional transit authority if such an authority is created under authorization provided in this bill — see Other transportation). The state may issue up to $100,000,000 in general obligation bonds to provide grants under the program.

This bill authorizes within DOT to award grants to American Indian tribes or bands for the purpose of assisting in providing transportation services to elderly persons. The bill appropriates Indian gaming receipts to fund the grants.

Rail and air transportation

This bill increases the authorized general obligation bonding limit for the acquisition and improvement of rail property from $66,500,000 to $126,500,000.

This bill increases from $82,000,000 to $122,000,000 the authorized general obligation bonding authority for DOT's rail passenger route development program.

Other transportation

This bill creates, or authorizes the creation of, three regional transit authorities: a southeast regional transit authority (SE RTA), a Dane County regional transit authority (DC RTA), and a Fox Cities regional transit authority (FC RTA). The SE RTA is created if the governing body of Milwaukee County or Kenosha County, or of any municipality located within that portion of Racine County east of I 94, adopts a resolution authorizing the county or municipality to become a member of the SE RTA. If any of these counties or municipalities fails to adopt a resolution creating the SE RTA, these counties and municipalities, as well as Racine County, may also join the SE RTA after it has been created. If Milwaukee County or Kenosha County joins the SE RTA, all municipalities located within Milwaukee County or Kenosha County, respectively, become members of the SE RTA. Waukesha County, Ozaukee County, and Washington County may join the SE RTA and any municipality located within these counties may join the SE RTA upon approval of the SE RTA's board of directors. The jurisdictional area of the SE RTA is the geographic area formed by the combined territorial boundaries of counties and municipalities that are members of the SE RTA.

The DC RTA is created if the governing body of Dane County adopts a resolution authorizing the county to become a member of the DC RTA. Once created, the members of the DC RTA consist of Dane County and all municipalities located within the Madison metropolitan planning area (MMPA). Any other municipality located within Dane County may join the DC RTA upon approval of the DC RTA's board of directors. The jurisdictional area of the DC RTA is the geographic area consisting of the MMPA and all municipalities outside the MMPA that join the DC RTA.

The members of the FC RTA consist of Outagamie County, Calumet County, and Winnebago County and all municipalities located within the urbanized area of the Fox Cities metropolitan planning area (UFCMPA). Any other municipality located within Outagamie County, Calumet County, or Winnebago County may join the FC RTA upon approval of the FC RTA's board of directors. The jurisdictional area of the FC RTA is the geographic area consisting of the UFCMPA and all municipalities outside the UFCMPA that join the FC RTA.

An RTA's authority is vested in its board of directors. Directors serve four-year terms. An RTA's bylaws govern its management, operations, and administration and must include specified provisions, including the maximum rate of the sales and use tax, not exceeding the statutory limit, that may be imposed by the RTA.

An RTA may establish or acquire a transportation system, and operate the transportation system or contract for its operation by another. An RTA may also contract with a public or private organization to provide transportation services in lieu of directly providing these services and may purchase and lease transportation facilities to public or private transit companies. An RTA may acquire property by condemnation; impose, by the adoption of a resolution by the RTA's board of directors, a sales and use tax in the RTA's jurisdictional area at a rate of not more than 0.5 percent of the gross receipts or sales price; and issue tax-exempt revenue bonds.

Charges received by an RTA must be used only for the general expenses and capital expenditures of the RTA, to pay interest, amortization, and retirement charges on the RTA's revenue bonds, and for other specific purposes of the RTA, and may not be transferred to any political subdivision. An RTA must provide, or contract for the provision of, transit service within the RTA's jurisdictional area.

Under current law, the counties of Kenosha, Racine, and Milwaukee must create a Regional Transit Authority (KRM RTA). The KRM RTA is responsible for the coordination of transit and commuter rail programs within these counties but has no authority to manage or operate any transit system. The KRM RTA may receive funding by imposing a rental car transaction fee within these counties, but the fee may be used only to hire staff, conduct studies, and prepare a report to the legislature and the governor, due by November 15, 2008. This bill terminates the KRM RTA and modifies the rental car transaction fee so that it provides a funding source for the SE RTA if the SE RTA is created.

Under current law, DOT may accept payment by credit card of certain fees, particularly those relating to motor vehicle ownership and operation. This bill allows DOT to accept payment by credit card, debit card, or any other electronic payment mechanism for these fees. The bill also allows DOT to charge a convenience fee, set by DOT, for each payment made by credit card, debit card, or any other electronic payment mechanism. The convenience fee must approximate the cost to DOT for providing the service.

Under current law, the state may contract up to $53,400,000 in public debt for DOT to award grants for harbor improvements. This bill increases this authorized general obligation bonding limit from $53,400,000 to $72,450,000.

veterans and military affairs

Currently, DVA assists veterans whose need for services is based on homelessness, incarceration, or other circumstances, including assistance in receiving medical care, dental care, education, employment, and transitional housing. This bill expands the types of services that DVA may provide to include single room occupancy housing.

As a condition for receiving reimbursement for tuition from DVA, current law requires a veteran to provide DVA with the veteran's name, the educational institution the veteran is attending, whether the veteran is enrolled full time or part time, and an estimate of the amount of tuition reimbursement the veteran will later claim. This bill eliminates that requirement.

Current law requires a veteran to submit an application to DVA for tuition reimbursement within 60 days after completion of the semester or course. This bill allows DVA to set the time limit for submitting the application.

This bill eliminates the use of money in the veterans trust funds to assist indigent veterans to pay the costs of residing at the Wisconsin Veterans Home at Union Grove, and instead uses money provided to pay for the operation of the veterans homes for that purpose, but limits the amount that may be used for that purpose to not more than 1 percent of the moneys received from residents of the Home, the federal department of veterans affairs, and from Medical Assistance.

The bill also allows up to $100,000 of the amount appropriated for the operation of the veterans homes to be used for grants to counties and American Indian tribes and bands for the improvement of services to veterans.

The bill extends the sunset date for the grant program to train volunteers to assist individuals who return to this state after active duty in the national guard or armed forces from June 30, 2007, to June 30, 2011.

This bill provides funding from the petroleum inspection fund for the general program operations of the division of emergency management.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB75, s. 1 Section 1. 5.68 (1) of the statutes is amended to read:

AB75,87,5 5.68 (1) The Except as provided in sub. (7), the cost of acquisition of ballot boxes and voting booths, voting machines or electronic voting systems and regular maintenance thereof shall be borne by the municipalities in which the boxes, booths, machines or systems are used.

AB75, s. 2 Section 2. 5.68 (7) of the statutes is amended to read:

AB75,87,17 5.68 (7) Any municipality that maintained polling hours beginning later than 7 a.m. prior to April 29, 2006, and that incurs additional costs to adjust its polling hours to begin at 7 a.m. at any election held after April 29, 2006, may file a claim with the board for reimbursement of those costs. The claim shall be accompanied by appropriate substantiation of all costs incurred. The board shall audit the claim and, if the board finds that the costs have been incurred by the municipality, and the costs would not have been incurred but for the requirement to open polling places at 7 a.m., the board shall may reimburse the municipality for those costs or any portion of those costs. No claim is payable under this subsection unless the claim is filed with the board, together with appropriate substantiation, within 60 days following the date on which the costs are incurred.

AB75, s. 3 Section 3. 7.33 (1) (c) of the statutes is amended to read:

AB75,88,3 7.33 (1) (c) "State agency" has the meaning given under s. 20.001 (1) and includes an authority created under subch. II of ch. 114 or ch. 52, 231, 232, 233, 234, or 237.

AB75, s. 4 Section 4. 7.33 (4) of the statutes is amended to read:

AB75,88,14 7.33 (4) Except as otherwise provided in this subsection, each local governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon proper application under sub. (3), permit each of its employees to serve as an election official under s. 7.30 without loss of fringe benefits or seniority privileges earned for scheduled working hours during the period specified in sub. (3), without loss of pay for scheduled working hours during the period specified in sub. (3) except as provided in sub. (5), and without any other penalty. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

AB75, s. 5 Section 5. 13.101 (6) (a) of the statutes is amended to read:

AB75,89,9 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity, by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (cr) (vr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (af), (aq), (ar), and (au), and (av), 20.435 (6) (7) (a) and (7) (da), and 20.437 (2) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

AB75, s. 6 Section 6. 13.106 (1) (b) of the statutes is repealed.

AB75, s. 7 Section 7. 13.106 (1) (e) of the statutes is repealed.

AB75, s. 8 Section 8. 13.106 (2) of the statutes is repealed.

AB75, s. 9 Section 9. 13.111 (2) of the statutes is amended to read:

AB75,89,16 13.111 (2) Duties. The joint committee on employment relations shall perform the functions assigned to it under subch. subchs. V and VI of ch. 111, subch. II of ch. 230 and ss. 16.53 (1) (d) 1., 20.916, 20.917, 20.923 and 40.05 (1) (b).

AB75, s. 10 Section 10. 13.172 (1) of the statutes is amended to read:

AB75,89,23 13.172 (1) In this section, "agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, or 279.

AB75, s. 11 Section 11. 13.40 (2) (intro.) of the statutes is amended to read:

AB75,90,4 13.40 (2) (intro.) Except as provided in subs. sub. (3) and (3m), the amount appropriated from general purpose revenue for each fiscal biennium, excluding any amount under an appropriation specified in sub. (3) (a) to (i), as determined under sub. (4), may not exceed the sum of:

AB75, s. 12 Section 12. 13.40 (3) (k) of the statutes is created to read:

AB75,90,6 13.40 (3) (k) An appropriation under s. 20.505 (1) (bq).

AB75, s. 13 Section 13. 13.40 (3m) of the statutes is repealed.

AB75, s. 14 Section 14. 13.48 (2) (a) of the statutes is amended to read:

AB75,90,23 13.48 (2) (a) There is created a building commission consisting of the governor, who shall serve as chairperson, and 3 senators and 3 representatives to the assembly appointed as are the members of standing committees in their respective houses. The 2 major political parties shall be represented in the membership from each house. One legislator from each house shall be a member of the state supported programs study and advisory committee created by s. 13.47. One citizen member shall be appointed by the governor to serve at the governor's pleasure. The secretary, head of the engineering function, and ranking architect of the department of administration shall be nonvoting advisory members. The secretary of administration shall designate an employee of the department of administration to serve as secretary to the building commission. The building commission shall bear a title beginning with the words "State of Wisconsin". The members shall be liable only for misconduct. Nonlegislator members of the building commission shall be reimbursed for actual and necessary expenses, incurred as members of the building commission, from the appropriation under s. 20.505.

AB75, s. 15 Section 15. 13.48 (10) (a) of the statutes is amended to read:

AB75,91,12 13.48 (10) (a) No state board, agency, officer, department, commission or body corporate may enter into a contract for the construction, reconstruction, remodeling of or addition to any building, structure, or facility, in connection with any building project which involves a cost in excess of $150,000 $250,000 without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. The building commission may not approve a contract for the construction, reconstruction, renovation or remodeling of or an addition to a state building as defined in s. 44.51 (2) unless it determines that s. 44.57 has been complied with or does not apply. This section applies to the department of transportation only in respect to buildings, structures and facilities to be used for administrative or operating functions, including buildings, land and equipment to be used for the motor vehicle emission inspection and maintenance program under s. 110.20.

AB75, s. 16 Section 16. 13.48 (13) (a) of the statutes is amended to read:

AB75,91,25 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Quality Home Care Authority, or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

AB75, s. 17 Section 17. 13.48 (14) (a) of the statutes is amended to read:

AB75,92,6 13.48 (14) (a) In this subsection, "agency" has the meaning given for "state agency" in s. 20.001 (1), except that during the period prior to July 1, 2007, and the period beginning on October 27, 2007, and ending on June 30, 2009, and the period beginning on the effective date of this paragraph .... [LRB inserts date], the term does not include the Board of Regents of the University of Wisconsin System.

AB75, s. 18 Section 18. 13.48 (19m) of the statutes is created to read:

AB75,92,10 13.48 (19m) Waiver of construction project contract requirements. The secretary of the building commission may waive compliance with any requirement under s. 16.855 for any project the estimated cost of which is less than $5,000,000.

AB75, s. 19 Section 19. 13.48 (29) of the statutes is amended to read:

AB75,92,16 13.48 (29) Small projects. Except as otherwise required under s. 16.855 (10m), the building commission may prescribe simplified policies and procedures to be used in lieu of the procedures provided in s. 16.855 for any project that does not require prior approval of the building commission under sub. (10) (a) having an estimated cost that does not exceed $500,000.

AB75, s. 20 Section 20. 13.62 (2) of the statutes is amended to read:

AB75,92,22 13.62 (2) "Agency" means any board, commission, department, office, society, institution of higher education, council, or committee in the state government, or any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232, 233, 234, 237, or 279, except that the term does not include a council or committee of the legislature.

AB75, s. 21 Section 21. 13.94 (1) (dg) of the statutes is repealed.

AB75, s. 22 Section 22. 13.94 (1) (ms) of the statutes is created to read:

AB75,93,4 13.94 (1) (ms) No later than July 1, 2014, prepare a financial and performance evaluation audit of the economic development tax benefit program under ss. 560.701 to 560.706. The legislative audit bureau shall file a copy of the report of the audit under this paragraph with the distributees specified in par. (b).

AB75, s. 23 Section 23. 13.94 (4) (a) 1. of the statutes is amended to read:

AB75,93,22 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Wisconsin Quality Home Care Authority, the Fox River Navigational System Authority, the Lower Fox River Remediation Authority, and the Wisconsin Aerospace Authority, a professional baseball park district, a local professional football stadium district, a local cultural arts district and a long-term care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; development zones designated under s. 560.71; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

AB75, s. 24 Section 24. 13.95 (intro.) of the statutes is amended to read:

AB75,94,11 13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.

AB75, s. 25 Section 25. 15.01 (2) of the statutes is amended to read:

AB75,94,21 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 earned release review commission which shall consist of 8 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 earned release review commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06.

AB75, s. 26 Section 26. 15.05 (3r) of the statutes is created to read:

AB75,94,24 15.05 (3r) Chief legal advisor. The secretary of each department specified in s. 230.08 (2) (eg) may appoint in the unclassified service a chief legal advisor.

AB75, s. 27 Section 27. 15.06 (6) of the statutes is amended to read:

AB75,95,4 15.06 (6) Quorum. A majority of the membership of a commission constitutes a quorum to do business, except that vacancies shall not prevent a commission from doing business. This subsection does not apply to the parole earned release review commission.

AB75, s. 28 Section 28. 15.07 (1) (b) 10. of the statutes is repealed.

AB75, s. 29 Section 29. 15.07 (1) (cm) of the statutes is amended to read:

AB75,95,22 15.07 (1) (cm) The term of one member of the government accountability board shall expire on each May 1. The terms of 3 members of the development finance economic policy board appointed under s. 15.155 (1) (a) 6. (2) (a) 4. 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. (2) (a) 4. 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. The term of the student member of the Board of Regents of the University of Wisconsin System who is at least 24 years old shall expire on May 1 of every even-numbered year.

AB75, s. 30 Section 30. 15.07 (5) (h) of the statutes is repealed.

AB75, s. 31 Section 31. 15.103 (1g) of the statutes is created to read:

AB75,96,2 15.103 (1g) Division of legal services. There is created in the department of administration a division of legal services.

AB75, s. 32 Section 32. 15.135 (4) of the statutes is repealed.

AB75, s. 33 Section 33. 15.137 (3) of the statutes is created to read: