AB40: Bill Text

AB40,20 Section 20. 13.48 (14) (d) 4. of the statutes is repealed.

AB40,21 Section 21. 13.48 (19) of the statutes is amended to read:

AB40,63,19 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, except s. 16.855 (13) and (14m), if such action is in the best interest of the state 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 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.

AB40,22 Section 22. 13.48 (20) of the statutes is amended to read:

AB40,63,24 13.48 (20) Residence halls. The Except as provided in sub. (14) (am), the building commission may approve the sale or lease of state-owned residence halls by the board of regents of the University of Wisconsin System to another state agency or a nonstate nonprofit agency for purposes provided in s. 36.11 (1) (e).

AB40,23 Section 23. 13.48 (22) of the statutes is amended to read:

AB40,64,7 13.48 (22) Sale or lease of capitol area lands. The building commission may lease or resell lands acquired in the capitol planning area for public or private redevelopment and may set such conditions of sale or lease as it deems necessary to ensure development compatible with the needs of the community and the state. This subsection does not apply to lands that are authorized to be sold or leased under s. 16.848 while an offer of sale, sale, or lease agreement is pending or while the lands are leased.

AB40,24 Section 24. 13.48 (23) of the statutes is amended to read:

AB40,64,15 13.48 (23) Lease of space for commercial use. The Except as provided in sub. (14) (am), the building commission may lease space in state office buildings for commercial use, including without limitation because of enumeration, retail, service and office uses. In doing so the building commission shall consider the cost and fair market value of the space as well as the desirability of the proposed use. Such leases may be negotiated or awarded by competitive bid procedures. All such leases of space in state office buildings shall provide for payments in lieu of property taxes.

AB40,25 Section 25. 13.482 (2) (a) of the statutes is amended to read:

AB40,65,19 13.482 (2) (a) For the purpose of providing housing for state departments and agencies, including housing for state offices and the completion of the state office building, and to enable the construction, financing and ultimate acquisition thereof by the state, the building commission may acquire any necessary lands, and, subject to s. 13.48 (14) (am), lease and re-lease any lands owned by the state and available for the purpose to the Wisconsin State Public Building Corporation or other nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17). The lease and re-lease shall be for a term or terms not exceeding 50 years each and shall be made on the condition that such corporation shall construct and provide on such leased lands such building projects, including buildings, improvements, facilities or equipment or other capital items, as the building commission requires, and shall re-lease the same to the building commission upon satisfactory terms as to the rental, maintenance and ultimate acquisition by the state as is in its best interests in the judgment of the building commission. After such leases and re-leases are executed and until the projects are acquired by the state, they shall be operated by the building commission through the department of administration, which shall have charge of such property as provided in ss. 16.85 and 16.8511. The building commission shall operate the projects in such manner as to provide revenues therefrom sufficient to pay the costs of operation and maintenance of the project and to provide for the payments due the Wisconsin State Public Building Corporation or other nonstock, nonprofit corporation but if the building commission finds and declares that the housing available in any such project is in excess of the current housing needs or requirements of the state departments and agencies occupying or availing themselves of the space in or capacity of such project, the building commission need not operate such project in a manner to provide revenues therefrom sufficient to pay the costs of operation and maintenance of the project and to provide for the rental payments due the Wisconsin State Public Building Corporation or other nonstock, nonprofit corporation.

AB40,26 Section 26. 13.488 (1) (a) of the statutes is amended to read:

AB40,65,25 13.488 (1) (a) Without limitation by reason of any other statutes except s. 13.48 (14) (am), the power to sell and to convey title in fee simple to a nonprofit-sharing corporation any land and any existing buildings thereon owned by the state for such consideration and upon such terms and conditions as in the judgment of the building commission are in the public interest.

AB40,27 Section 27. 13.488 (1) (b) of the statutes is amended to read:

AB40,66,5 13.488 (1) (b) The Except as provided in s. 13.48 (14) (am), the power to lease to a nonprofit-sharing corporation for terms not exceeding 50 years each any land and existing buildings thereon owned by the state upon such terms, conditions and rentals as in the judgment of the building commission are in the public interest.

AB40,28 Section 28. 14.11 (2) (b) of the statutes is amended to read:

AB40,66,12 14.11 (2) (b) When special counsel is employed, a contract in writing shall be entered into between the state and such counsel, in which shall be fixed the compensation to be paid such counsel by the state. The contract shall be executed in behalf of the state by the governor, and shall be filed in the office of the secretary of state. Such compensation shall be charged to the special counsel appropriation in s. 20.455 (1) (b) 20.505 (1) (d).

AB40,29 Section 29. 15.01 (6) of the statutes is amended to read:

AB40,66,25 15.01 (6) "Division," "bureau," "section ," and "unit" means the subunits of a department or an independent agency, whether specifically created by law or created by the head of the department or the independent agency for the more economic and efficient administration and operation of the programs assigned to the department or independent agency. The office of justice assistance in the department of administration and the office of credit unions in the department of financial institutions, the office of the inspector general in the department of health services, and the office of children's mental health in the department of health services have the meaning of "division" under this subsection. The office of the long-term care ombudsman under the board on aging and long-term care and the office of educational accountability in the department of public instruction have the meaning of "bureau" under this subsection.

AB40,30 Section 30. 15.02 (3) (c) 1. of the statutes is amended to read:

AB40,67,10 15.02 (3) (c) 1. The principal subunit of the department is the "division". Each division shall be headed by an "administrator". The office of justice assistance in the department of administration and the office of credit unions in the department of financial institutions and the office of children's mental health in the department of health services have the meaning of "division" and the executive staff director of the office of justice assistance in the department of administration and the director of credit unions in the department of financial institutions and the director of the office of children's mental health in the department of health services have the meaning of "administrator" under this subdivision.

AB40,31 Section 31. 15.05 (3) of the statutes is repealed and recreated to read:

AB40,67,15 15.05 (3) Assistant deputy secretary and executive assistant. (a) Each secretary may appoint an assistant deputy secretary to serve at his or her pleasure outside the classified service. The assistant deputy secretary shall perform duties as the secretary prescribes.

AB40,67,20 (b) The attorney general, the adjutant general, the director of the technical college system, the state superintendent of public instruction, and the director of the historical society may appoint an executive assistant to serve at his or her pleasure outside the classified service. The executive assistant shall perform duties as his or her appointing authority prescribes.

AB40,32 Section 32. 15.05 (5) (title) of the statutes is amended to read:

AB40,67,23 15.05 (5) (title) Executive Assistant deputy secretary and executive assistant approvals.

AB40,33 Section 33. 15.06 (3) (a) 4. of the statutes is created to read:

AB40,67,25 15.06 (3) (a) 4. The members of the employment relations commission.

AB40,34 Section 34. 15.06 (3) (c) of the statutes is created to read:

AB40,68,3 15.06 (3) (c) Each member of the employment relations commission shall be appointed to two-thirds of a full-time equivalent position.

AB40,35 Section 35. 15.06 (4m) of the statutes is amended to read:

AB40,68,9 15.06 (4m) Executive assistant. Each commission chairperson under s. 230.08 (2) (m) and each commissioner of the public service commission may appoint an executive assistant to serve at his or her pleasure outside the classified service. The executive assistant shall perform duties as the chairperson or commissioner prescribes.

AB40,36 Section 36. 15.07 (2) (c) of the statutes is created to read:

AB40,68,12 15.07 (2) (c) The chairperson of the charter school oversight board shall be designated by the governor.

AB40,37 Section 37. 15.105 (19) of the statutes is repealed.

AB40,38 Section 38. 15.107 (18) (b) 1. of the statutes is amended to read:

AB40,68,18 15.107 (18) (b) 1. The executive director of the office of justice assistance attorney general, the adjutant general, the secretary of natural resources, the secretary of transportation, and a representative from the department of administration with knowledge of information technology, or their designees.

AB40,39 Section 39. 15.193 of the statutes is created to read:

AB40,68,22 15.193 Same; specified divisions. (1) Office of the inspector general. There is created in the department of health services an office of the inspector general.

AB40,40 Section 40. 15.194 of the statutes is created to read:

AB40,69,2 15.194 Same; offices. (1) Office of children's mental health. There is created an office of children's mental health in the department of health services. The director of the office shall be appointed by the governor to serve at the pleasure of the governor.

AB40,41 Section 41. 15.205 (title) of the statutes is repealed.

AB40,42 Section 42. 15.205 (4) of the statutes is renumbered 15.105 (34), and 15.105 (34) (intro.), as renumbered, is amended to read:

AB40,69,9 15.105 (34) Child abuse and neglect prevention board. (intro.) There is created a child abuse and neglect prevention board, which is attached to the department of children and families administration under s. 15.03. The board shall consist of 20 members as follows:

AB40,43 Section 43. 15.255 (1) (a) 1. of the statutes is amended to read:

AB40,69,13 15.255 (1) (a) 1. Six Seven representatives of local law enforcement in this state, at least one of whom shall be a sheriff and at least one of whom shall be a chief of police.

AB40,44 Section 44. 15.255 (1) (a) 7. of the statutes is repealed.

AB40,45 Section 45. 15.375 (1) of the statutes is created to read:

AB40,69,19 15.375 (1) Charter school oversight board. (a) There is created a charter school oversight board attached to the department of public instruction under s. 15.03. The board shall consist of the state superintendent of public instruction or his or her designee and the following members appointed for 3-year terms:

AB40,69,23 1. Two members appointed by the governor, at least one of whom has served on the governing board of a charter school established under s. 118.40 (2r), has been employed by a charter school established under s. 118.40 (2r), or has served on the governing body of an entity specified in s. 118.40 (2r) (b) 1.

AB40,69,25 2. a. Two members, who are not legislators, appointed by the senate majority leader.

AB40,70,1 b. One member, who is not a legislator, appointed by the senate minority leader.

AB40,70,3 c. Two members, who are not legislators, appointed by the speaker of the assembly.

AB40,70,5 d. One member, who is not a legislator, appointed by the assembly minority leader.

AB40,70,10 3. Two members, appointed by the state superintendent of public instruction, who in addition to the qualifications under par. (b) have served on the governing board of a charter school established under s. 118.40 (2r), have been employed by a charter school established under s. 118.40 (2r), or have served on the governing body of an entity specified in s. 118.40 (2r) (b) 1.

AB40,70,16 (b) The appointing authorities under par. (a) shall ensure to the extent feasible that members appointed to the board are geographically diverse and have experience and expertise in governing public and nonprofit organizations; in management and finance; in public school leadership, assessment, and curriculum and instruction; and in education law; and understand and are committed to the use of charter schools to strengthen public education.

AB40,70,18 (c) No member of the board appointed under par. (a) may serve more than 2 consecutive terms.

AB40,70,19 (d) The board does not have rule-making authority.

AB40,46 Section 46. 15.406 (6) (a) 1. of the statutes is amended to read:

AB40,71,4 15.406 (6) (a) 1. Six massage therapists or bodywork therapists licensed under ch. 460 who have engaged in the practice of massage therapy or bodywork therapy for at least 2 years preceding appointment. One member appointed under this subdivision shall be a representative of a massage therapy or bodywork therapy school approved by the educational approval board under s. 38.50 440.55. One member appointed under this subdivision shall be a representative of a massage therapy or bodywork therapy program offered by a technical college in this state. No other members appointed under this subdivision shall be directly or indirectly affiliated with a massage therapy or bodywork therapy school or program.

AB40,47 Section 47. 15.58 of the statutes is renumbered 15.225 (2) and amended to read:

AB40,71,9 15.225 (2) Employment relations commission ; creation. There is created an employment relations commission which is attached to the department of workforce development under s. 15.03.

AB40,48 Section 48. 15.945 (title) of the statutes is repealed.

AB40,49 Section 49. 15.945 (1) of the statutes is renumbered 15.405 (18) and amended to read:

AB40,71,18 15.405 (18) Educational approval board. There is created an educational approval board which is attached to the technical college system board department of safety and professional services 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.

AB40,50 Section 50. 16.004 (15) (a) of the statutes is amended to read:

AB40,71,22 16.004 (15) (a) In this subsection, "state agency" means a any office, department, or independent agency in the executive branch of state government that has a secretary who serves at the pleasure of the governor.

AB40,51 Section 51. 16.004 (15) (b) of the statutes is repealed and recreated to read:

AB40,72,2 16.004 (15) (b) 1. At its own discretion, the department may provide legal services to any state agency that has a secretary who serves at the pleasure of the governor and shall assess the state agency for legal services provided by the division of legal services.

AB40,72,6 2. At the request of any state agency that does not have a secretary who serves at the pleasure of the governor, the department may provide legal services to the state agency and shall assess the state agency for legal services provided by the division of legal services.

AB40,72,8 3. The department shall credit all moneys received from state agencies under this paragraph to the appropriation account under s. 20.505 (1) (kr).

AB40,52 Section 52. 16.004 (15) (bm) of the statutes is repealed.

AB40,53 Section 53. 16.004 (18) of the statutes is created to read:

AB40,72,14 16.004 (18) Intergovernmental affairs offices. The secretary may maintain intergovernmental affairs offices to conduct public outreach and promote coordination between agencies, as defined in s. 16.70 (1e), and authorities, as defined in s. 16.70 (2).

AB40,54 Section 54. 16.004 (19) of the statutes is created to read:

AB40,72,19 16.004 (19) Capital investment program. In consultation with the director of the office of business development, the secretary shall provide $25,000,000 in fiscal year 2013-14 for a capital investment program to make coinvestments in business startups and investment capital projects.

AB40,55 Section 55. 16.283 (1) (b) 3. of the statutes is amended to read:

AB40,72,23 16.283 (1) (b) 3. A person who is in receipt of an award from the U.S. department of veterans affairs of a service-connected disability rating under 38 USC 1114 or 1134 of at least 30 20 percent.

AB40,56 Section 56. 16.283 (3) (b) of the statutes is renumbered 16.283 (3) (b) 1m.

AB40,57 Section 57. 16.283 (3) (b) 2m. of the statutes is created to read:

AB40,73,9 16.283 (3) (b) 2m. The department may, without conducting an investigation, certify a business, financial adviser, or investment firm having its principal place of business in this state and currently performing a useful business function if the business, financial advisor, or investment firm is certified, or otherwise classified, as a disabled veteran-owned business, financial advisor, or investment firm by an agency or municipality of this or another state, a federally recognized American Indian tribe, or the federal government, or by a private business with expertise in certifying disabled veteran-owned businesses if the business uses substantially the same procedures the department uses in making a determination under subd. 1m.

AB40,58 Section 58. 16.283 (3) (d) of the statutes is amended to read:

AB40,73,18 16.283 (3) (d) If a business, financial adviser, or investment firm applying for certification under this section fails to provide the department with sufficient information to enable the department to conduct an investigation under par. (b) 1m. or does not qualify for certification under par. (b), the department shall deny the application. A business, financial adviser, or investment firm whose application is denied may, within 30 days after the date of the denial, appeal in writing to the secretary. The secretary shall enter his or her final decision within 30 days after receiving the appeal.

AB40,59 Section 59. 16.285 (1) (b) of the statutes is amended to read:

AB40,74,5 16.285 (1) (b) The department shall implement a program for the certification of woman-owned businesses. The department shall compile and periodically update a list of businesses certified under this section and shall make the list available to the public on the Internet may, without conducting an investigation, certify a business currently performing a useful business function in this state as a woman-owned business if the business is certified, or otherwise classified, as a woman-owned business by an agency or municipality of this or another state, a federally recognized American Indian tribe, or the federal government, or by a private business with expertise in certifying woman-owned businesses if the business uses substantially the same process as the department promulgates by rule for implementing this subsection.

AB40,60 Section 60. 16.285 (2) of the statutes is amended to read: