AB21: Bill Text

AB21,24 Section 24. 13.48 (2) (b) 2. of the statutes is amended to read:

AB21,59,22 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, 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 under par. (at) 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.

AB21,25 Section 25. 13.48 (2) (d) of the statutes is repealed.

AB21,26 Section 26. 13.48 (2) (e) of the statutes is repealed.

AB21,27 Section 27. 13.48 (2) (f) of the statutes is repealed.

AB21,28 Section 28. 13.48 (2) (g) of the statutes is amended to read:

AB21,60,3 13.48 (2) (g) The building commission shall under par. (at) review assessments on property of the state under s. 66.0703 (6).

AB21,29 Section 29. 13.48 (3) of the statutes is amended to read:

AB21,60,24 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 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 $760,000 $3,000,000 or less 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, 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 or the agency for which the project is constructed to act as its representative in such accounting.

AB21,30 Section 30 . 13.48 (3) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

AB21,61,23 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 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 $3,000,000 or less 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 and the University of Wisconsin System Authority, except a project authorized described 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 or the agency for which the project is constructed to act as its representative in such accounting.

AB21,31 Section 31. 13.48 (4) of the statutes is repealed.

AB21,32 Section 32. 13.48 (6) of the statutes is repealed.

AB21,33 Section 33. 13.48 (7) of the statutes is amended to read:

AB21,62,13 13.48 (7) Biennial recommendations. The building commission shall prepare and formally adopt recommendations for the long-range state building program on a biennial basis. The building commission shall include in its report any projects proposed by the state fair park board involving a cost of not more than $250,000 $760,000, together with the method of financing those projects proposed by the board, without recommendation. Unless a later date is requested by the building commission and approved by the joint committee on finance, the building commission shall, no later than the first Tuesday in April of each odd-numbered year, transmit the report prepared by the department of administration under s. 16.40 (20) and the commission's recommendations for the succeeding fiscal biennium that require legislative approval to the joint committee on finance in the form of proposed legislation prepared in proper form.

AB21,34 Section 34 . 13.48 (7) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

AB21,63,3 13.48 (7) Biennial recommendations. The building commission shall prepare and formally adopt recommendations for the long-range state building program on a biennial basis, including projects proposed by the University of Wisconsin System Authority. The building commission shall include in its report any projects proposed by the state fair park board involving a cost of not more than $760,000, together with the method of financing those projects proposed by the board, without recommendation. Unless a later date is requested by the building commission and approved by the joint committee on finance, the building commission shall, no later than the first Tuesday in April of each odd-numbered year, transmit the report prepared by the department of administration under s. 16.40 (20) and the commission's recommendations for the succeeding fiscal biennium that require legislative approval to the joint committee on finance in the form of proposed legislation prepared in proper form.

AB21,35 Section 35. 13.48 (10) (a) of the statutes is amended to read:

AB21,63,14 13.48 (10) (a) Except as provided in par. (c), 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 $185,000 $760,000 without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. 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.

AB21,36 Section 36 . 13.48 (10) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

AB21,64,2 13.48 (10) (a) Except as provided in par. (c) and subject to s. 16.85 (1), 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 $760,000 without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. 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.

AB21,37 Section 37. 13.48 (10) (b) (intro.) of the statutes is amended to read:

AB21,64,5 13.48 (10) (b) (intro.) This subsection Paragraph (a) does not apply to any of the following:

AB21,38 Section 38. 13.48 (10) (b) 5. of the statutes is renumbered 13.48 (10) (d) and amended to read:

AB21,64,10 13.48 (10) (d) Contracts The state fair park board may not enter into contracts for construction of any building, structure or facility for the state fair park board involving a cost of not more than $250,000 $760,000.

AB21,39 Section 39. 13.48 (10) (b) 6. of the statutes is amended to read:

AB21,64,13 13.48 (10) (b) 6. Projects of the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority.

AB21,40 Section 40. 13.48 (10) (c) of the statutes is amended to read:

AB21,64,18 13.48 (10) (c) Paragraph (a) does not apply to any contract for a building project involving a cost of less than $500,000 $760,000 to be constructed for the University of Wisconsin System that is funded entirely from the proceeds of gifts and grants made to the system.

AB21,41 Section 41 . 13.48 (10) (c) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

AB21,64,24 13.48 (10) (c) Paragraph (a) does not apply to any contract for a building project involving a cost of less than $760,000 to be constructed for the University of Wisconsin System Authority that is funded entirely from the proceeds of gifts and grants made to the system not financed from general purpose revenues.

AB21,42 Section 42. 13.48 (12) (a) of the statutes is amended to read:

AB21,65,5 13.48 (12) (a) Except as provided in par. (b), no state board, agency, officer, department, commission or body corporate which has authority to permit a privately owned or operated facility to be constructed on state-owned land may permit a facility that would be privately owned or operated to be constructed on state-owned land without prior approval under sub. (2) (at) of the building commission.

AB21,43 Section 43. 13.48 (12) (b) 5. of the statutes is amended to read:

AB21,65,8 13.48 (12) (b) 5. A facility constructed by or for the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority.

AB21,44 Section 44. 13.48 (13) (a) of the statutes is amended to read:

AB21,65,22 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 University of Wisconsin System Authority, the Fox River Navigational System Authority, the Wisconsin Economic Development Corporation Forward Wisconsin Development 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.

AB21,45 Section 45. 13.48 (14) (am) 5. of the statutes is created to read:

AB21,65,25 13.48 (14) (am) 5. This paragraph does not apply to real property that is subject to the lease agreement under s. 36.11 (27m) (a).

AB21,46 Section 46. 13.48 (14) (d) of the statutes is amended to read:

AB21,66,13 13.48 (14) (d) Biennially, beginning on January 1, 2014, the University of Wisconsin System Authority and each agency other than the investment board shall submit to the department of administration an inventory of all real property under its jurisdiction. Except with respect to the Board of Regents of the University of Wisconsin System Authority, the inventory shall include the estimated fair market value of each property. The University of Wisconsin System Authority and each agency shall specifically identify any underutilized 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 an inventory containing the location, description and fair market value of each parcel of property identified for potential sale.

AB21,47 Section 47. 13.48 (19) of the statutes is renumbered 13.48 (19) (a) and amended to read:

AB21,66,24 13.48 (19) (a) 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 under sub. (2) (at) waive any or all of s. 16.855, except s. 16.855 (13) and (14m) (a) to (c), if such the 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 is approved by the building commission.

AB21,67,4 (b) Subject to the requirements of s. 20.924 (1) (i), the building commission under sub. (2) (at) 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.

AB21,48 Section 48. 13.48 (20) of the statutes is amended to read:

AB21,67,9 13.48 (20) Residence halls. Except as provided in sub. (14) (am), the 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 Authority to another state agency or a nonstate nonprofit agency for purposes provided in s. 36.11 (1) (e).

AB21,49 Section 49. 13.48 (22) of the statutes is amended to read:

AB21,67,17 13.48 (22) Sale or lease of capitol area lands. The building commission may under sub. (2) (at) 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.

AB21,50 Section 50. 13.48 (23) of the statutes is amended to read:

AB21,68,2 13.48 (23) Lease of space for commercial use. Except as provided in sub. (14) (am), the building commission may under sub. (2) (at) 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.

AB21,51 Section 51. 13.48 (25) of the statutes is amended to read:

AB21,68,15 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 System Authority 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.

AB21,52 Section 52. 13.48 (25r) of the statutes is amended to read:

AB21,68,25 13.48 (25r) Wisconsin Institute for Discovery initiative. There is created a program, to be known as the Wisconsin Institute for Discovery initiative, for the purpose of providing financial support to attract federal and private funds to construct facilities for biotechnology, nanotechnology, and information technology education and research activities at the University of Wisconsin System Authority. Projects financed under the program shall be designed to provide computational and biological sciences education and research facilities, ancillary systems, and supporting infrastructure. Projects shall be financed from the appropriation under s. 20.866 (2) (z) or as otherwise provided in the authorized state building program.

AB21,53 Section 53. 13.48 (26) of the statutes is amended to read:

AB21,70,2 13.48 (26) Environmental improvement annual finance plan approval. The building commission shall review the versions of the biennial finance plan and any amendments to the biennial finance plan submitted to it by the department of natural resources and the department of administration under s. 281.59 (3) (bm) and the recommendations of the joint committee on finance and the standing committees to which the versions of the biennial finance plan and any amendments were submitted under s. 281.59 (3) (bm). The building commission shall consider the extent to which that version of the biennial finance plan that is updated to reflect the adopted biennial budget act will maintain the funding for the clean water fund program and the safe drinking water loan program, in the environmental improvement fund, in perpetuity. The building commission shall consider the extent to which the implementation of the clean water fund program, the safe drinking water loan program and the land recycling loan program, as set forth in the biennial finance plan updated to reflect the adopted biennial budget act, implements legislative intent on the clean water fund program, the safe drinking water loan program and the land recycling loan program. The building commission shall under sub. (2) (at), no later than 60 days after the date of enactment of the biennial budget act, either approve or disapprove the biennial finance plan that is updated to reflect the adopted biennial budget act, except that the building commission may not disapprove those amounts that the legislature approves under s. 281.59 (3e) (a), (3m) (a) and (3s) (a). If the building commission disapproves the version of the biennial finance plan that is updated to reflect the adopted biennial budget act, it must notify the department of natural resources and the department of administration of its reasons for disapproving the plan, and those departments must revise that version of the biennial finance plan and submit the revision to the building commission.

AB21,54 Section 54. 13.48 (27) of the statutes is amended to read:

AB21,70,10 13.48 (27) Lease of correctional facilities. Subject to the requirements of s. 20.924 (1) (i), the building commission may under sub. (2) (at) lease any facility for use of the department of corrections as a part of the authorized state building program, with an option to purchase the facility by the state. Any lease shall provide for the facility to be constructed in accordance with requirements and specifications approved by the department of administration and shall permit inspection of the site and facility by agents of the department.

AB21,55 Section 55. 13.48 (29) of the statutes is amended to read:

AB21,70,17 13.48 (29) Small projects Simplified policies and procedures. 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 construction project that does not require prior approval of the building commission under sub. (10) (a) involve an expenditure that exceeds $185,000, except projects specified in sub. (10) (c).

AB21,56 Section 56 . 13.48 (29) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

AB21,70,24 13.48 (29) Simplified policies and procedures. 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 construction project that does not involve an expenditure that exceeds $185,000, except projects specified in sub. (10) (c).

AB21,57 Section 57. 13.488 (1) (m) of the statutes is amended to read:

AB21,71,10 13.488 (1) (m) The duty to determine and make payments to the United States required so as to avoid an adverse effect on any exclusion of interest from gross income for federal income tax purposes on public debt, and revenue obligations, and issued pursuant to ch. 18, operating notes issued pursuant to ch. 18 s. 16.526, master lease obligations issued pursuant to s. 16.76, and appropriation obligations issued pursuant to s. 16.527 and to make any payments to advisors that assist in making the determination. If the proceeds of an obligation are utilized for an activity that is financed from program revenue, the building commission shall make the payments required under this paragraph from that revenue, to the extent it is available.

AB21,58 Section 58. 13.58 (5) (b) 3. of the statutes is repealed.

AB21,59 Section 59. 13.58 (5) (b) 6. of the statutes is repealed.

AB21,60 Section 60. 13.62 (2) of the statutes is amended to read:

AB21,71,17 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 in ch. 36, 231, 232, 233, 234 235, 237, 238, or 279, except that the term does not include a council or committee of the legislature.

AB21,61 Section 61. 13.625 (6s) of the statutes is repealed.

AB21,62 Section 62. 13.625 (9) of the statutes is amended to read:

AB21,71,25 13.625 (9) This section does not apply to the solicitation, acceptance, or furnishing of anything of pecuniary value by the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, or to a principal furnishing anything of pecuniary value to the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, under s. 19.56 (3) (e) or (f) for the activities specified in s. 19.56 (3) (e).

AB21,63 Section 63. 13.90 (5) of the statutes is amended to read:

AB21,72,5 13.90 (5) The joint committee on legislative organization may contract for the services of persons to advise those building commission members who also are legislators on matters related to the state's issuance of state debt , and revenue obligations and operating notes under ch. 18.

AB21,64 Section 64. 13.94 (1) (intro.) of the statutes is amended to read:

AB21,73,2 13.94 (1) Duties of the bureau. (intro.) The legislative audit bureau shall be responsible for conducting postaudits of the accounts and other financial records of departments to assure that all financial transactions have been made in a legal and proper manner. In connection with such postaudits, the legislative audit bureau shall review the performance and program accomplishments of the department during the fiscal period for which the audit is being conducted to determine whether the department carried out the policy of the legislature and the governor during the period for which the appropriations were made. In performing postaudits under this subsection, the legislative audit bureau shall not examine issues related to academic freedom within the University of Wisconsin System. A postaudit shall not examine into or comment upon the content of the various academic programs, including degree requirements, majors, curriculum or courses within the University of Wisconsin System, nor shall any such postaudit examine into the manner in which individual faculty members or groups of faculty members conduct their instructional, research or public service activities. This subsection does not preclude the bureau from reviewing the procedures by which decisions are made and priorities set in the University of Wisconsin System, or the manner in which such decisions and priorities are implemented within the University of Wisconsin System, insofar as such review is not inconsistent with s. 36.09 36.11. The legislative audit bureau shall audit the fiscal concerns of the state as required by law. To this end, it shall:

AB21,65 Section 65. 13.94 (1) (dL) of the statutes is amended to read:

AB21,73,6 13.94 (1) (dL) Annually, conduct a financial audit of the governor's read to lead development fund. The legislative audit bureau shall file a copy of the report of the audit under this paragraph with the distributees specified in par. (b).

AB21,66 Section 66. 13.94 (1) (dr) of the statutes is amended to read:

AB21,73,14 13.94 (1) (dr) Biennially, beginning in 2013 2017, conduct a financial audit of the Wisconsin Economic Development Corporation and a program evaluation audit of the economic development programs administered by the Wisconsin Economic Development Corporation under ch. 238 Forward Wisconsin Development Authority and funded by moneys appropriated under s. 20.885 or another appropriation. The legislative audit bureau shall file a copy of each audit report under this paragraph with the distributees specified in par. (b).

AB21,67 Section 67. 13.94 (1) (ms) of the statutes is repealed.

AB21,68 Section 68. 13.94 (1) (t) of the statutes is amended to read: