AB40: Bill Text

AB40,11 Section 11. 13.48 (14) (b) of the statutes is amended to read:

AB40,59,13 13.48 (14) (b) Subject to par. (d), the The building commission shall sell or lease on the basis of either public bids, with the building commission reserving the right to reject any or all bids in the best interest of the state, or on the basis of negotiated prices as determined through a competitive or transparent process. Buildings, structures and land mentioned in this subsection shall be subject to general property taxes levied by those taxing bodies within whose area they lie if used for commercial purposes, and shall be subject to special assessments for public improvements in the same manner and to the same extent as privately owned buildings, structures and land real property, subject to approval of the building commission when required under s. 66.0703 (6).

AB40,12 Section 12. 13.48 (14) (bg) of the statutes is created to read:

AB40,59,18 13.48 (14) (bg) If any property that is proposed to be sold by the commission under par. (am) is co-owned by a nonstate entity, the commission shall afford to that entity the right of first refusal to purchase the share of the property owned by the state on reasonable financial terms established by the commission.

AB40,13 Section 13. 13.48 (14) (br) of the statutes is created to read:

AB40,60,2 13.48 (14) (br) If the building commission sells or leases any real property under par. (am) that was under the jurisdiction of an agency prior to the sale or lease, the agency shall convey all systems, fixtures, or additional property interests specified by the commission to the purchaser or lessee of the property on terms specified by the commission. If the commission sells or leases a state-owned heating, cooling, or power plant that is under the jurisdiction of an agency, the agency shall convey all real and personal property associated with the plant to the purchaser or lessee on terms specified by the commission.

AB40,14 Section 14. 13.48 (14) (c) of the statutes is renumbered 13.48 (14) (c) (intro.) and amended to read:

AB40,61,9 13.48 (14) (c) (intro.) If Except as provided in par. (e), if there is any outstanding public debt used to finance the acquisition of a building, structure or land or the, construction, or improvement of a building or structure any property that is sold or leased under par. (b) (am), the building commission shall deposit a sufficient amount of the net proceeds from the sale or lease of the building, structure or land property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of that debt. Except as provided in s. 51.06 (6), if If there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold or leased under par. (am), the building commission shall then provide a sufficient amount of the net proceeds from the sale or lease of the property for the costs of maintaining federal tax law compliance applicable to the debt. If the property was acquired, constructed, or improved with federal financial assistance, the commission shall pay to the federal government any of the proceeds required by federal law. If the property was acquired by gift or grant or with gift or grant funds, the commission shall adhere to any restriction governing use of the proceeds. Except as required under par. (e) and ss. 20.395 (9) (qd) and 51.06 (6), if there is no such debt outstanding, or, there are no moneys payable to the federal government, and there is no restriction governing use of the proceeds, and if the net proceeds exceed the amount required to repay that principal and pay that interest and premium be deposited, paid, or used for another purpose under this subsection, the building commission shall deposit use the net proceeds or remaining net proceeds in the budget stabilization fund. to pay principal and interest costs on other outstanding public debt. For the purpose of paying principal and interest costs on other outstanding public debt under this paragraph, the commission may cause outstanding bonds to be called for redemption on or following their optional redemption date, establish one or more escrow accounts to redeem bonds at their optional redemption date, or purchase bonds in the open market. To the extent practical, the commission shall consider all of the following in determining which public debt to redeem:

AB40,15 Section 15. 13.48 (14) (c) 1. to 4. of the statutes are created to read:

AB40,61,13 13.48 (14) (c) 1. To the extent that debt service on the property being sold or leased was paid from a segregated fund, other outstanding public debt related to that segregated fund should be redeemed.

AB40,61,17 2. The extent to which general obligation debt that was issued to acquire, build, or improve the property being sold or leased is subject to current optional redemption, would require establishment of an escrow, or could be assigned for accounting purposes to another statutory bond purpose.

AB40,61,18 3. The fiscal benefit of redeeming outstanding debt with higher interest costs.

AB40,61,20 4. The costs of maintaining federal tax law compliance in the selection of general obligation debt to be redeemed.

AB40,16 Section 16. 13.48 (14) (cm) of the statutes is created to read:

AB40,62,17 13.48 (14) (cm) If there are any outstanding revenue obligations, issued pursuant to subch. II of ch. 18, used to finance the acquisition, construction, or improvement of any property that is sold or leased under par. (am), the commission shall deposit a sufficient amount of the net proceeds from the sale or lease of the property in the respective redemption fund provided under s. 18.561 (5) or 18.562 (3) to repay the principal and pay the interest on the revenue obligations, and any premium due upon refunding any of the revenue obligations. If there are any outstanding revenue obligations, issued pursuant to subch. II of ch. 18, used to finance the acquisition, construction, or improvement of any property that is sold or leased under par. (am), the commission shall then provide a sufficient amount of the net proceeds from the sale or lease of the property for the costs of maintaining federal tax law compliance applicable to the revenue obligations. For the purpose of paying principal and interest costs on other outstanding revenue obligations, the commission may cause outstanding revenue obligations to be called for redemption on or following their optional redemption date, establish one or more escrow accounts to redeem obligations at their optional redemption date, or purchase bonds on the open market. Except as required under par. (e) and ss. 20.395 (9) (qd) and 51.06 (6), if the net proceeds exceed the amount required to be deposited, paid, or used for another purpose under this paragraph, the department shall use the net proceeds or the remaining net proceeds to pay principal and interest costs on other similar revenue obligations.

AB40,17 Section 17. 13.48 (14) (d) 1. of the statutes is repealed.

AB40,18 Section 18. 13.48 (14) (d) 2. of the statutes is renumbered 13.48 (14) (d) and amended to read:

AB40,63,5 13.48 (14) (d) Biennially, beginning on January 1, 1984, each agency having surplus land 2014, each agency shall submit to the department of administration an inventory of all real property under its jurisdiction together with the estimated fair market value of each property. The agency shall specifically identify any under utilized assets in the inventory. No later than July 1 following receipt of the inventories, the department of administration shall obtain appraisals of all properties in the inventories that are identified by the department for potential sale and shall submit to the building commission and the joint committee on finance an inventory containing the location, description and fair market value of each parcel of surplus land property identified for potential sale.

AB40,19 Section 19. 13.48 (14) (d) 3. of the statutes is repealed.

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.