AB40: Bill Text

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:

AB40,54,8 13.48 (1m) (c) The long-range public building program shall require the biennial review of each historic property under the control of the state and the University of Wisconsin–Madison to determine the current uses of the property and compliance by state agency compliance agencies and the University of Wisconsin–Madison with the requirements of the long-range program.

AB40, s. 37 Section 37. 13.48 (1m) (d) of the statutes is amended to read:

AB40,54,14 13.48 (1m) (d) The building commission shall allocate, from that portion of the state building program funding which is available to all state agencies and the University of Wisconsin–Madison, an amount of funds deemed necessary by the building commission for the preservation, restoration and maintenance of historic properties under the control of the state and the University of Wisconsin–Madison.

AB40, s. 38 Section 38. 13.48 (2) (b) 2. of the statutes is amended to read:

AB40,54,25 13.48 (2) (b) 2. In the construction of all new buildings or additions to existing buildings used for housing state offices and constructed for general state purposes and not specially for the use of any particular state agency or the University of Wisconsin–Madison, the building commission shall function with respect to such construction in the same manner as other state agencies function with respect to buildings constructed for such agencies. The building commission shall fix the rental for all space in such buildings, and, notwithstanding any other statute, may remove to any building any department housed in the state capitol. After the completion of such buildings, they shall be in the charge of the department of administration as provided by s. 16.84.

AB40, s. 39 Section 39. 13.48 (2) (b) 4. of the statutes is repealed.

AB40, s. 40 Section 40. 13.48 (2) (d) of the statutes is repealed.

AB40, s. 41 Section 41. 13.48 (2) (e) 2. of the statutes is amended to read:

AB40,55,6 13.48 (2) (e) 2. It is the intent of the legislature that it be given a complete picture of the results of its past decisions regarding the state's state building program which will serve as background for making further decisions.

AB40, s. 42 Section 42. 13.48 (2) (g) of the statutes is amended to read:

AB40,55,9 13.48 (2) (g) The building commission shall review assessments on property of the state and the University of Wisconsin–Madison under s. 66.0703 (6).

AB40, s. 43 Section 43. 13.48 (2) (j) of the statutes is repealed.

AB40, s. 44 Section 44. 13.48 (3) of the statutes is amended to read:

AB40,56,8 13.48 (3) State building trust fund. In the interest of the continuity of the program, the moneys appropriated to the state building trust fund under s. 20.867 (2) (f) shall be retained as a nonlapsing building depreciation reserve. Such moneys shall be deposited into the state building trust fund. At such times as the building commission directs, or in emergency situations under s. 16.855 (16) (b), the governor shall authorize releases from this fund to become available for projects of state agencies or the University of Wisconsin–Madison and shall direct the department of administration to allocate from this fund such amounts as are approved for these projects. In issuing such directions, the building commission shall consider the cash balance in the state building trust fund, the necessity and urgency of the proposed improvement, employment conditions and availability of materials in the locality in which the improvement is to be made. The building commission may authorize any project costing $500,000 or less for any state agency or the University of Wisconsin–Madison in accordance with priorities to be established by the building commission and may adjust the priorities by deleting, substituting or adding new projects as needed to reflect changing program needs and unforeseen circumstances. The building commission may enter into contracts for the construction of buildings for any state agency or the University of Wisconsin–Madison, except a project authorized under sub. (10) (c), and shall be responsible for accounting for all funds released to projects. The building commission may designate the department of administration, the University of Wisconsin-Madison, or the agency for which the project is constructed to act as its representative in such accounting.

AB40, s. 45 Section 45. 13.48 (4) of the statutes is amended to read:

AB40,56,16 13.48 (4) State agencies and the University of Wisconsin–Madison to report proposed projects. Each Whenever any state agency contemplating or the University of Wisconsin–Madison contemplates a project under this the state building program, it shall report its proposed projects the project to the building commission. The report shall be made on such date and in such manner as the building commission prescribes. This subsection does not apply to projects identified in sub. (10) (c).

AB40, s. 46 Section 46. 13.48 (6) of the statutes is amended to read:

AB40,57,5 13.48 (6) Review of projects. All reports submitted as provided by sub. (4) shall be reviewed by the building commission, which shall make its report as soon after November 20 as is possible. Such report shall include specific recommendations and establish priorities for the next 3 biennia from among all projects submitted which the building commission deems essential and shall recommend additional appropriations if necessary for the execution thereof. The building commission shall include in the report any projects proposed by the state fair park board involving a cost of not more than $250,000, together with the method of financing proposed for those projects by the board, without recommendation. The building commission shall include in its report an appraisal and recommendation of available and alternative methods of financing buildings for the use of state agencies and the University of Wisconsin–Madison and shall file copies of its report with the governor-elect.

AB40, s. 47 Section 47. 13.48 (10) (a) of the statutes is amended to read:

AB40,57,19 13.48 (10) (a) No Except as provided in par. (c), no state board, agency, officer, department, commission, or body corporate, including the University of Wisconsin–Madison, 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 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.

AB40, s. 48 Section 48. 13.48 (10) (c) of the statutes is created to read:

AB40,57,24 13.48 (10) (c) Paragraph (a) does not apply to any contract for a building project involving a cost of not more than $500,000 to be constructed for the University of Wisconsin–Madison that is funded entirely from sources other than general purpose revenue or general fund supported borrowing.

AB40, s. 49 Section 49. 13.48 (12) (b) 6. of the statutes is created to read:

AB40,58,2 13.48 (12) (b) 6. A facility constructed by or for the University of Wisconsin–Madison.

AB40, s. 50 Section 50. 13.48 (13) (a) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,58,17 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-Madison, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, 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.

AB40, s. 51 Section 51. 13.48 (15) of the statutes is amended to read:

AB40,58,22 13.48 (15) Acquisition of leasehold interests. Subject to the requirements of s. 20.924 (1) (i), the building commission shall have the authority to acquire leasehold interests in land and buildings where such authority is not otherwise provided to an agency or the University of Wisconsin–Madison by law.

AB40, s. 52 Section 52. 13.48 (19) of the statutes is amended to read:

AB40,59,9 13.48 (19) Alternatives to state construction. Whenever the building commission determines that the use of innovative types of design and construction processes will make better use of the resources and technology available in the building industry, the building commission may waive any or all of s. 16.855 if such action is in the best interest of the state or the University of Wisconsin–Madison and if the waiver is accomplished through formal action of the building commission. The building commission may authorize the lease, lease purchase or acquisition of such state facilities constructed in the manner authorized by the building commission. Subject to the requirements of s. 20.924 (1) (i), the building commission may also authorize the lease, lease purchase or acquisition of existing facilities in lieu of state construction of any project enumerated in the authorized state building program.

AB40, s. 53 Section 53. 13.48 (25) of the statutes is amended to read:

AB40,59,22 13.48 (25) Wisconsin initiative for state technology and applied research. There is created a program, to be known as the Wisconsin initiative for state technology and applied research, for the purpose of providing financial support to maintain the ability of the University of Wisconsin–Madison and the University of Wisconsin System and other state agencies, as defined in s. 20.001 (1), to attract federal and private research funds which enable the state to engage in high-technology endeavors, which expand the state's economy and which influence the ability of the state and nation to compete in an increasingly complex world. To carry out the program, the building commission may authorize new construction projects and projects to repair and renovate existing research facilities and supporting systems. Projects shall be financed from the appropriation under s. 20.866 (2) (z) or as otherwise provided in the authorized state building program.

AB40, s. 54 Section 54. 13.48 (25t) of the statutes is amended to read:

AB40,60,11 13.48 (25t) Wisbuild initiative. There is created a program, to be known as the "Wisbuild initiative", for the purpose of providing financial support for the maintenance, repair and renovation of state- owned buildings owned by the state and the University of Wisconsin–Madison. Funding may be provided under the initiative for high priority, comprehensive building renovation projects, as well as for the maintenance and repair of the exterior components of buildings and, without limitation because of enumeration, systems such as mechanical, electrical, plumbing and other building systems. Funding may also be provided under the initiative for projects to remove barriers that reduce access to and use of state facilities and University of Wisconsin–Madison facilities by persons with disabilities. The building commission shall allocate available funding for the initiative. Projects funded as a part of the initiative shall be financed from the appropriation under s. 20.866 (2) (z) or as otherwise provided in the authorized state building program.

AB40, s. 55 Section 55. 13.48 (28) (title) of the statutes is amended to read:

AB40,60,14 13.48 (28) (title) State and University of Wisconsin–Madison property leased to the University of Wisconsin Hospitals and Clinics Authority.

AB40, s. 56 Section 56. 13.48 (29) of the statutes is amended to read:

AB40,60,20 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), except projects specified in sub. (10) (c).

AB40, s. 57 Section 57. 13.488 (1) (intro.) of the statutes is amended to read:

AB40,61,6 13.488 (1) (intro.) For the purpose of providing housing for state departments and agencies and the University of Wisconsin–Madison, including housing for state offices anywhere in the state and the completion of the state office building, and all buildings, improvements, facilities or equipment or other capital items required in connection therewith, for the acquisition of lands for future office building development, and to refinance indebtedness previously or hereafter created by a nonprofit-sharing corporation for the purpose of providing a state office building or buildings or additions or improvements thereto which are located on land owned by the state or by the nonprofit-sharing corporation, or for any one or more of said purposes, the building commission shall have the following powers and duties:

AB40, s. 58 Section 58. 13.488 (5) of the statutes is amended to read:

AB40,61,13 13.488 (5) Unless the context requires otherwise, the terms "building", "new buildings" and "existing buildings", as used in this section, include all buildings, structures, improvements, facilities, equipment or other capital items as the building commission determines to be necessary or desirable for the purpose of providing housing for state departments and, agencies, and the University of Wisconsin–Madison.

AB40, s. 59 Section 59. 13.489 (1m) (f) of the statutes is created to read:

AB40,61,16 13.489 (1m) (f) This subsection does not apply to major highway projects described in s. 84.013 (1) (a) 2m.

AB40, s. 60 Section 60. 13.489 (4) (d) of the statutes is created to read:

AB40,61,19 13.489 (4) (d) This subsection does not apply to major highway projects described in s. 84.013 (1) (a) 2m.

AB40, s. 61 Section 61. 13.489 (4m) of the statutes is created to read:

AB40,62,2 13.489 (4m) Review of high-cost major highway projects. (a) Notwithstanding sub. (4), for any major highway project described in s. 84.013 (1) (a) 2m., the department of transportation shall submit a report to the commission, prior to construction of the project, which report may request the commission's approval to proceed with the project. The department may submit this request at any time following completion by the department of a draft environmental impact statement or environmental assessment for the project.

AB40,62,13 (b) After receiving a request under par. (a) for approval to proceed with a major highway project described in s. 84.013, if the chairperson of the commission does not notify the department of transportation within 14 working days after the date on which the department submits the request under par. (a) that the commission has scheduled a meeting for the purpose of reviewing the request, the request is considered approved and the department may proceed with the project. If, within 14 working days after the date on which the department submits the request, the chairperson of the commission notifies the department that the commission has scheduled a meeting for the purpose of reviewing the request, the department may implement the request only as approved by the commission, including approval after modification by the commission.

AB40,62,16 (c) The department of transportation may not proceed with construction of a major highway project described in s. 84.013 (1) (a) 2m. unless the project is approved by the commission as provided in par. (b).

AB40,62,19 (d) The procedures specified in this subsection shall apply to all major highway projects described in s. 84.013 (1) (a) 2m. in lieu of the procedures described in sub. (4).

AB40, s. 62 Section 62. 13.62 (2) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,63,2 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. 37, 52, 231, 232, 233, 234, 237, 238, or 279, except that the term does not include a council or committee of the legislature.