AB40: Bill Text

Under current law, DOT administers the Southeast Wisconsin Transit Capital Assistance Program under which DOT awards grants to eligible applicants for transit capital improvements. The only eligible applicant for this program is the Southeastern Regional Transit Authority, often referred to as SERTA. The only source of funding for the program is proceeds from state general obligation bonds. This bill eliminates the program and bonding authority for the program.

Under current law, DOT administers an intercity bus assistance program to award grants to cities, villages, towns, or counties or enter into contracts with private providers of intercity bus service for the purpose of increasing the availability of intercity bus service in this state. This bill eliminates the grant portion of the program.

Rail and air transportation

This bill increases the authorized general obligation bonding limit for the acquisition and improvement of rail property from $126,500,000 to $186,500,000.

Other transportation

The 2009 biennial budget act (Act 28) authorized the creation of several new regional transit authorities (RTAs): the Dane County RTA, the Chippewa Valley RTA, and the Chequamegon Bay RTA. Each RTA, once created, is a public body corporate and politic and a separate governmental entity. The board of directors of an RTA may, upon adopting a resolution, impose a sales and use tax in the RTA's jurisdictional area at a rate not exceeding 0.5 percent of the gross receipts or sales price if certain conditions are satisfied.

This bill requires that an RTA hold a referendum in the RTA's jurisdictional area before the RTA may impose a sales and use tax within its jurisdictional area.

Upon approval by its board of directors, SERTA may impose a rental car transaction fee in the counties of Kenosha, Racine, and Milwaukee.

This bill requires that SERTA hold a referendum in the counties of Kenosha, Racine, and Milwaukee before SERTA may impose the rental car transaction fee in these counties.

Under current law, DOT may accept payment by credit card, debit card, or any other electronic payment mechanism of certain fees, which generally derive from transactions related to motor vehicles or motor vehicle operators. DOT may charge a convenience fee for each transaction in which payment is made in this way.

This bill allows DOT to accept payment of any fee by credit card, debit card, or any other electronic payment mechanism, and to charge a convenience fee whenever payment is made in this way. DOT may promulgate rules requiring a person to pay an additional fee for conducting an in-person, telephone, or paper transaction in lieu of using an electronic filing or submission option when DOT has made an electronic filing or submission option available.

This bill increases the authorized general obligation bonding limit for harbor improvement grants from $66,100,000 to $78,800,000.

Veterans and military affairs

Currently, DVA operates two veterans homes in the state, one at King and the other at Union Grove. Operation of veterans homes includes hiring personnel and providing services to the residents of the home. A third home, that has not yet been opened, is to be located in Chippewa Falls. For this third home, in lieu of DVA operating the home, DVA may contract with a private entity to operate the home. The bill also specifically requires the Legislative Audit Bureau, at the request of the governor or the legislature, to conduct one or more financial audits of the operation of the Chippewa Falls home by a private entity.

Because this bill directly or substantially affects the development, construction, cost or availability of housing in this state, the Department of Administration, as required by law, will prepare a report to be printed as an appendix to this bill.

Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.

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

AB40, s. 1 Section 1. 11.26 (9) (a) and (b) of the statutes are amended to read:

AB40,44,7 11.26 (9) (a) Except as provided in par. (ba), no individual who is a candidate for state or local office may receive and accept more than 65 percent of the value of the total disbursement level determined under s. 11.31 or 11.511 (7) (a) for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party and legislative campaign committees.

AB40,45,3 (b) Except as provided in par. (ba), no individual who is a candidate for state or local office may receive and accept more than 45 percent of the value of the total disbursement level determined under s. 11.31 or 11.511 (7) (a) for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.

AB40, s. 2 Section 2. 11.506 (1) of the statutes is amended to read:

AB40,45,15 11.506 (1) An eligible candidate shall not accept private contributions other than seed money contributions and qualifying contributions that the candidate accepts during the exploratory period and the public financing qualifying period during the primary election campaign period in an aggregate amount exceeding the difference, if any, between the maximum amount of the public financing benefit for the primary election campaign period and the actual amount of the public financing benefit for that period paid to the eligible candidate. An eligible candidate shall not accept private contributions during the election campaign period in an aggregate amount exceeding the difference, if any, between the maximum amount of the public financing benefit for the election campaign period and the actual amount of the public financing benefit for that period paid to the eligible candidate.

AB40, s. 3 Section 3. 11.51 (title) of the statutes is amended to read:

AB40,45,17 11.51 (title) Certification Certifications by candidate and board.

AB40, s. 4 Section 4. 11.51 (1m) of the statutes is created to read:

AB40,46,13 11.51 (1m) Upon determination of the number of eligible candidates who qualify for a public financing benefit for the primary election campaign period, the board shall determine the amounts of the public financing benefits that are payable to all eligible candidates in the primary election campaign period and the election campaign period by reserving a public financing benefit amount from the democracy trust fund for the election campaign period for 2 eligible candidates, if 2 or more candidates qualify to receive a public financing benefit for the primary election campaign period, or for one eligible candidate, if only one candidate qualifies to receive a public financing benefit for the primary election campaign period and, if there are insufficient moneys in the democracy trust fund to make full payment of all public financing benefits that are or may become payable for the primary and election campaign periods, by prorating the amounts of the public financing benefits to fully allocate all available moneys to the eligible candidates. If, on the day that the board makes its certification under sub. (3), there are additional moneys in the democracy trust fund that have become available for distribution to eligible candidates in the election campaign period, the board shall distribute the additional moneys in equal amounts to each eligible candidate at the spring election or, if there is only one eligible candidate, to that candidate alone, up to the maximum amount of the public financing benefit for the spring election, as provided in s. 11.511 (3) and (6).

AB40, s. 5 Section 5. 11.51 (2) of the statutes is amended to read:

AB40,46,22 11.51 (2) The board shall certify to the state treasurer the name of each eligible candidate at the spring primary together with the amount of the public financing benefit payable to the candidate promptly after the candidate demonstrates his or her eligibility and, in any event, not later than 5 days after the end of the public financing qualifying period. The state treasurer Upon certification of an eligible candidate, the board shall immediately credit that candidate's account with a line of credit for the amount certified. No candidate may utilize a line of credit received under this subsection until the beginning of the primary election campaign period.

AB40, s. 6 Section 6. 11.51 (3) of the statutes is amended to read:

AB40,47,7 11.51 (3) The board shall certify to the state treasurer the name of each eligible candidate at the spring election together with the amount of the public financing benefit payable to the candidate not later than 48 hours after the date of the spring primary election for the office of justice, or the date that the primary election would be held if a primary were required. The state treasurer Upon certification of an eligible candidate, the board shall immediately credit that candidate's account with a line of credit for the amount certified. However, no candidate for a particular office shall receive a line of credit until all candidates for the office of justice who apply and qualify for a public financing benefit have been certified as eligible candidates.

AB40, s. 7 Section 7. 11.511 (1) of the statutes is amended to read:

AB40,47,18 11.511 (1) The state treasurer board shall provide to each eligible candidate who qualifies to receive a public financing benefit for the primary or election campaign period separate lines of credit for the public financing benefits payable to the candidate for the primary and election campaign periods in the amounts specified in this section, subject to any required adjustment under s. 11.512 (2) or 11.513 (2). An eligible candidate may use this public financing benefit to finance any lawful disbursements during the primary and election campaign periods to further the election of the candidate in that primary or election. An eligible candidate shall not use this public financing benefit to repay any loan, or in violation of ss. 11.502 to 11.522 or any other applicable law.

AB40, s. 8 Section 8 . 11.511 (1) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,48,5 11.511 (1) The board shall provide to each eligible candidate who qualifies to receive a public financing benefit for the primary or election campaign period separate lines of credit for the public financing benefits payable to the candidate for the primary and election campaign periods in the amounts specified in this section, subject to any required adjustment under s. 11.512 (2) or 11.513 (2). An eligible candidate may use this public financing benefit to finance any lawful disbursements during the primary and election campaign periods to further the election of the candidate in that primary or election. An eligible candidate shall not use this public financing benefit to repay any loan, or in violation of ss. 11.502 to 11.522 or any other applicable law.

AB40, s. 9 Section 9. 11.511 (2) of the statutes is amended to read:

AB40,48,9 11.511 (2) Except as provided in ss. 11.512 (2) and 11.513 (2), the The maximum public financing benefit for a primary election campaign period is $100,000, subject to adjustment under s. 11.51 (1m).

AB40, s. 10 Section 10. 11.511 (3) of the statutes is amended to read:

AB40,48,13 11.511 (3) Except as provided in ss. 11.512 (2) and 11.513 (2), the The maximum public financing benefit for an election campaign period is $300,000 , subject to adjustment under s. 11.51 (1m).

AB40, s. 11 Section 11. 11.511 (6) of the statutes is amended to read:

AB40,48,19 11.511 (6) Notwithstanding subs. (2) and (3), beginning on July 1, 2012, and every 2 years thereafter, the board shall modify the maximum public financing benefits provided for in subs. (2) and (3) to adjust for the change in the consumer price index, all items, U.S. city average, published by the U.S. department of labor for the preceding 2-year period ending on December 31.

AB40, s. 12 Section 12. 11.511 (7) (a) of the statutes is renumbered 11.511 (7) and amended to read:

AB40,49,4 11.511 (7) Except as provided in par. (b), no No candidate for the office of justice who files an application for a public financing benefit and certification under s. 11.51 (1) and who accepts a public financing benefit may make or authorize total disbursements in a campaign, beginning with the first day of the exploratory period and ending on the date of the spring election, to the extent of more than the maximum amounts specified in ss. 11.502 (2) and 11.508 (1), plus the amount specified in s. 11.511 (3), as adjusted under s. 11.511 (6), and, if there is a primary for the office of justice, the amount specified in s. 11.511 (2), as adjusted under s. 11.511 (6).

AB40, s. 13 Section 13. 11.511 (7) (b) of the statutes is repealed.

AB40, s. 14 Section 14. 11.512 of the statutes is repealed.

AB40, s. 15 Section 15. 11.513 of the statutes is repealed.

AB40, s. 16 Section 16. 11.515 of the statutes is amended to read:

AB40,49,12 11.515 Democracy trust fund. The democracy trust fund shall be administered by the state treasurer government accountability board. The state treasurer board shall establish an account within the fund for each eligible candidate.

AB40, s. 17 Section 17. 11.517 (1) of the statutes is amended to read:

AB40,49,20 11.517 (1) Notwithstanding s. 11.60 (1), if an eligible candidate makes disbursements that exceed the total amount of the public financing benefit allocated to the candidate for any campaign and, the total qualifying and seed money contributions lawfully accepted by the candidate, and the total private contributions that the candidate may accept under s. 11.506 (1), the candidate may be required to forfeit not more than 10 times the amount by which the disbursements exceed the allocation that total.

AB40, s. 18 Section 18. 11.522 of the statutes is amended to read:

AB40,50,2 11.522 Contributions to nonparticipating candidates. A nonparticipating candidate may accept contributions from private sources without limitation, except that no person may make any contribution or contributions to a nonparticipating candidate exceeding a total of $1,000 during any campaign, subject to applicable limitations under s. 11.26.

AB40, s. 19 Section 19. 13.099 (1) (a) of the statutes is amended to read:

AB40,50,5 13.099 (1) (a) "Department" " Authority" means the department of commerce Wisconsin Housing and Economic Development Authority.

AB40, s. 20 Section 20. 13.099 (1) (b) of the statutes is amended to read:

AB40,50,8 13.099 (1) (b) "State housing strategy plan" means the plan developed under s. 560.9802 234.5602.

AB40, s. 21 Section 21. 13.099 (2) (a) of the statutes is amended to read:

AB40,50,16 13.099 (2) (a) If any bill that is introduced in either house of the legislature directly or substantially affects the development, construction, cost , or availability of housing in this state, the department authority shall prepare a report on the bill within 30 days after it is introduced. The department authority may request any information from other state agencies, local governments or individuals , or organizations that is reasonably necessary for the department authority to prepare the report.

AB40, s. 22 Section 22. 13.099 (2) (b) of the statutes is amended to read:

AB40,50,22 13.099 (2) (b) A bill that requires a report by the department authority under this section shall have that requirement noted on its jacket when the jacket is prepared. When a bill that requires a report under this section is introduced, the legislative reference bureau shall submit a copy of the bill to the department authority.

AB40, s. 23 Section 23. 13.099 (3) (title) of the statutes is amended to read:

AB40,50,25 13.099 (3) (title) Findings of the department authority to be contained in the report.

AB40, s. 24 Section 24. 13.099 (3) (a) (intro.) of the statutes is amended to read:

AB40,51,4 13.099 (3) (a) (intro.) The report of the department authority shall contain information about the effect of the bill on housing in this state, including information on the effect of the bill on all of the following:

AB40, s. 25 Section 25. 13.099 (3) (a) 5. of the statutes is amended to read:

AB40,51,7 13.099 (3) (a) 5. Housing costs, as defined in s. 560.9801 234.5601 (3) (a) and (b).

AB40, s. 26 Section 26. 13.099 (4) of the statutes is amended to read:

AB40,51,10 13.099 (4) Rule-making authority Rules. The department authority may promulgate adopt any rules necessary for the administration of this section.

AB40, s. 27 Section 27. 13.101 (6) (a) of the statutes is amended to read:

AB40,52,5 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), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (af), (aq), (ar), and (au), 20.435 (7) (a) and (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.

AB40, s. 28 Section 28. 13.106 (title) of the statutes is amended to read:

AB40,52,8 13.106 (title) Medical College of Wisconsin and UW-Madison Medical School school reports.

AB40, s. 29 Section 29. 13.106 (1) (intro.) of the statutes is amended to read:

AB40,52,12 13.106 (1) (intro.) The Medical College of Wisconsin and the University of Wisconsin-Madison Medical Wisconsin School of Medicine and Public Health shall biennially report to the governor and the joint committee on finance on the:

AB40, s. 30 Section 30. 13.106 (2) of the statutes is amended to read:

AB40,52,19 13.106 (2) The Medical College of Wisconsin and the University of Wisconsin-Madison Medical Wisconsin School of Medicine and Public Health shall submit a biennial report containing financial summaries for the college and school to the governor and the joint committee on finance, in a consistent format and methodology to be developed in consultation with the medical education review committee under s. 39.16.

AB40, s. 31 Section 31. 13.106 (3) (intro.) of the statutes is amended to read:

AB40,52,25 13.106 (3) (intro.) By October 15 of each even-numbered year, the Medical College of Wisconsin and the University of Wisconsin-Madison Medical Wisconsin School of Medicine and Public Health shall submit a report to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that provides information on all of the following:

AB40, s. 32 Section 32. 13.172 (1) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,53,8 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. 37, 52, 231, 233, 234, 238, or 279.

AB40, s. 33 Section 33. 13.40 of the statutes is repealed.

AB40, s. 34 Section 34. 13.48 (1) of the statutes is amended to read:

AB40,53,20 13.48 (1) Policy. The legislature finds and determines that it is necessary to improve the adequacy of the public building facilities that are required by the various state agencies and the University of Wisconsin–Madison including the educational institutions, for the proper performance of their duties and functions, and that it is in the interest of economy, efficiency and the public welfare that such improvement be accomplished by means of a long-range public building program, with funds to be provided by successive legislatures. The long-range program shall include the necessary lands, new buildings, and all facilities and equipment required and also the remodeling, reconstruction, maintenance and reequipping of existing buildings and facilities, as determined by the building commission.

AB40, s. 35 Section 35. 13.48 (1m) (b) of the statutes is amended to read:

AB40,54,2 13.48 (1m) (b) The long-range public building program shall recognize the importance of historic properties and shall include a program of preservation and restoration of those historic properties under the control of the state and the University of Wisconsin–Madison as provided in s. 44.41, including criteria for determining which historic properties should be preserved and restored.

AB40, s. 36 Section 36. 13.48 (1m) (c) of the statutes is amended to read: