AB56: Bill Text

AB56,96,13 4.005 Use of municipal ward plans. After receipt of a division ordinance or resolution under s. 5.15 (4) (b), the legislative reference bureau shall use the data obtained from the U.S. bureau of the census under s. 4.004 (3) to assign a population figure based upon certified federal census data to each ward established in the division ordinance or resolution. The legislative reference bureau shall use each ward to which a population figure is assigned in preparing congressional and legislative redistricting plans as required under s. 4.006.

AB56,96,23 4.006 Preparation of redistricting plans. (1) Not later than January 1 of the 2nd year following the decennial federal census, the legislative reference bureau shall deliver to the majority leader of the senate and speaker of the assembly identical bills creating plans of legislative and congressional redistricting, prepared in accordance with s. 4.007. Either the assembly or the senate shall bring the bill to a vote expeditiously, but not less than 7 days after the commission report under s. 13.49 (3) (d) 2. is received and made available to the members of the legislature. The vote shall be under a procedure or rule permitting no amendments. If the bill is approved by the first house in which it is considered, the bill shall expeditiously be brought to a vote in the 2nd house under a similar procedure or rule.

AB56,97,13 (2) If neither of the bills delivered by the legislative reference bureau under sub. (1) is approved by both the assembly and the senate, the chief clerk of the house that failed to approve the bill shall immediately transmit to the legislative reference bureau information that the house may direct regarding reasons why the plan was not approved. The legislative reference bureau shall prepare identical bills embodying a 2nd plan of legislative and congressional redistricting prepared in accordance with s. 4.007, taking into account the reasons transmitted to the legislative reference bureau under this subsection insofar as it is possible to do so within the requirements of s. 4.007. The legislative reference bureau shall deliver the bills to the majority leader of the senate and the speaker of the assembly no later than 21 days after the date of the vote by which the senate or the assembly failed to approve the bill submitted under sub. (1). Any bill delivered by the legislative reference bureau under this subsection shall be expeditiously introduced and brought to a vote not less than 7 days after the date of introduction, in the same manner as prescribed for the bill required under sub. (1).

AB56,97,25 (3) If neither of the bills delivered by the legislative reference bureau under sub. (2) is approved by both the assembly and the senate, the same procedure as prescribed by sub. (2) shall be followed. If a 3rd plan is required under this subsection, the legislative reference bureau shall deliver the bills to the majority leader of the senate and the speaker of the assembly no later than 21 days after the date of the vote by which the senate or the assembly failed to approve the bill submitted under sub. (2). Any bill delivered by the legislative reference bureau under this subsection shall be expeditiously introduced and brought to a vote not less than 7 days after the date of introduction and shall be subject to amendment in the same manner as other bills. Any bill delivered under this subsection, and any amendment to such a bill, may be passed only with the approval of three-fourths of all the members elected in each house.

AB56,98,1 (4) Notwithstanding subs. (1) to (3):

AB56,98,11 (a) If certified federal census data that is sufficient to permit preparation of a congressional redistricting plan becomes available at an earlier time than the population data needed to permit preparation of a legislative redistricting plan in accordance with s. 4.007, the legislative reference bureau shall so inform the majority leader of the senate and the speaker of the assembly. If the majority leader of the senate and the speaker of the assembly jointly direct, the legislative reference bureau shall prepare a separate bill establishing congressional districts and deliver it separately from the bill establishing legislative districts. The legislature shall proceed to consider the congressional redistricting bill in substantially the manner prescribed by subs. (1) to (3).

AB56,98,21 (b) If the population data for legislative redistricting that the U.S. bureau of the census is required to provide this state under P.L. 94-171 and, if used by the legislative reference bureau, the corresponding topologically integrated geographic encoding and referencing data file for that population data are not available to the legislative reference bureau on or before April 1 of the first year following the decennial federal census, the deadlines set forth in this section shall be extended by a number of days equal to the number of days after April 1 of the first year following the decennial federal census that the population data and the topologically integrated geographic encoding and referencing data file for legislative redistricting become available.

AB56,98,25 4.007 Redistricting standards. (1) Legislative and congressional districts shall be established on the basis of population requirements imposed under the Wisconsin Constitution and the U.S. Constitution and requirements imposed under Section 2 of the Voting Rights Act.

AB56,99,12 (2) Senate and assembly districts, respectively, shall satisfy the population standards established in this subsection. The quotient, obtained by dividing the sum of the absolute values of the deviations of all district populations from the applicable ideal district population by the number of districts established, may not exceed 1 percent of the applicable ideal district population, unless necessary to maintain compliance with Section 2 of the Voting Rights Act. For purposes of this subsection, the ideal district population is determined by dividing the population of the state reported in the most recent federal decennial census by the number of districts to be established. No senate district may have a population that exceeds that of any other senate district by more than 10 percent and no assembly district may have a population that exceeds that of any other assembly district by more than 10 percent, unless necessary to maintain compliance with Section 2 of the Voting Rights Act.

AB56,99,18 (3) Congressional districts shall each have a population as nearly equal as practicable to the ideal district population, derived as prescribed in sub. (2), while maintaining compliance with Section 2 of the Voting Rights Act. No congressional district may have a population which varies by more than 1 percent from the applicable ideal district population, unless necessary to comply with Section 2 of the Voting Rights Act.

AB56,99,24 (4) District boundaries shall coincide with ward boundaries and, to the extent consistent with sub. (1), shall coincide with the boundaries of political subdivisions. The number of political subdivisions divided among more than one district shall be as small as possible. When there is a choice among political subdivisions to divide, the more populous political subdivisions shall be divided before the less populous, except that this requirement does not apply to a legislative district boundary drawn along a county boundary which passes through a city with territory in more than one county.

AB56,100,4 (5) Districts shall be composed of convenient contiguous territory. Areas which meet only at the points of adjoining corners are not contiguous.

AB56,100,8 (6) Districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or diminishing their ability to elect representatives of their choice, whether by themselves or by voting in concert with other persons.

AB56,100,9 (7) (a) In this subsection:

AB56,100,18 1. “Geographic unit center" means that point within a population data unit approximately equidistant from the northern and southern extremities and also approximately equidistant from the eastern and western extremities of the population data unit. This point shall be determined by visual observation of a map of the population data unit, unless it is otherwise determined within the context of an appropriate coordinate system developed by the federal government or another source that the legislative reference bureau determines is qualified and objective and is obtained for use in this state with prior approval of the joint committee on legislative organization.

AB56,100,22 2. “Population data unit" means a ward, census enumeration district, block, or other unit of territory having clearly identified geographic boundaries and for which a total population figure is included in or can be derived directly from certified federal census data.

AB56,101,3 3. “X-coordinate" means the relative location of a point along the east–west axis of the state. Unless otherwise measured within the context of an appropriate coordinate system obtained for use as permitted by subd. 1., the x-coordinate shall be measured along a line drawn due east from a due north and south line running through the point which is the western extremity of this state, to the point to be located.

AB56,101,9 4. “Y-coordinate" means the relative location of a point along the north–south axis of the state. Unless otherwise measured within the context of an appropriate coordinate system obtained for use as permitted by subd. 1., the y-coordinate shall be measured along a line drawn due south from a due east and west line running through the point which is the northern extremity of this state, to the point to be located.

AB56,101,16 (b) To the extent consistent with subs. (1) to (3), districts shall be compact in form. Compact districts are those which are square, rectangular, or hexagonal in shape to the extent permitted by natural or political boundaries. When it is necessary to compare the relative compactness of 2 or more districts, or of 2 or more alternative redistricting plans, the tests prescribed by pars. (c) and (d) shall be used. Should the results of these 2 tests be contradictory, the standard under par. (c) shall be given greater weight than the standard under par. (d).

AB56,101,19 (c) 1. The compactness of a district is greatest when the length of the district and the width of the district are equal. The measure of a district's compactness is the absolute value of the difference between the length and the width of the district.

AB56,101,24 2. In measuring the compactness of a district by means of electronic data processing, the difference between the x-coordinates of the easternmost and the westernmost geographic unit centers included in the district shall be compared to the difference between the y-coordinates of the northernmost and southernmost geographic unit centers included in the district.

AB56,102,14 3. To determine the length and width of a district by manual measurement, the distance from the northernmost point or portion of the boundary of a district to the southernmost point or portion of the boundary of the same district and the distance from the westernmost point or portion of the boundary of the district to the easternmost point or portion of the boundary of the same district shall each be measured. If the northernmost or southernmost portion of the boundary, or each of these points, is a part of the boundary running due east and west, the line used to make the measurement required by this subdivision shall be drawn either due north and south or as nearly so as the configuration of the district permits. If the easternmost or westernmost portion of the boundary, or each of these points, is a part of the boundary running due north and south, a similar procedure shall be followed. The lines to be measured for the purpose of this subdivision shall each be drawn as required by this subdivision, even if some part of either or both lines lies outside the boundaries of the district which is being tested for compactness.

AB56,102,20 4. The absolute values computed for individual districts under this paragraph may be cumulated for all districts in a plan in order to compare the overall compactness of 2 or more alternative redistricting plans for the state or for a portion of the state. However, it is not valid to cumulate or compare absolute values computed using the measurements under subd. 2. with those computed using the measurements under subd. 3.

AB56,102,23 (d) 1. The compactness of a district is greatest when the ratio of the dispersion of population about the population center of the district to the dispersion of population about the geographic center of the district is one to one.

AB56,103,9 2. The population dispersion about the population center of a district or about the geographic center of a district is computed as the sum of the products of the population of each population data unit included in the district multiplied by the square of the distance from the geographic unit center of that population data unit to the population center or the geographic center of the district, as the case may be. The geographic center of the district is defined by averaging the locations of all geographic unit centers which are included in the district. The population center of the district is defined by computing the population–weighted average of the x-coordinates and y-coordinates of each geographic unit center assigned to the district, it being assumed for the purpose of this calculation that each population data unit possesses uniform density of population.

AB56,103,12 3. The ratios computed for individual districts under this paragraph may be averaged for all districts in a plan in order to compare the overall compactness of 2 or more alternative redistricting plans for the state or for a portion of the state.

AB56,103,19 (8) In preparing any redistricting plan, the legislative reference bureau shall be strictly nonpartisan. No district may be drawn for the purpose of favoring a political party, incumbent legislator or member of Congress, or other person or group or, except to the extent required under sub. (1), for the purpose of augmenting or diluting the voting strength of a language or racial minority group. Except as provided in sub. (10), in establishing districts, no use shall be made of any of the following data:

AB56,103,20 (a) The residence addresses of incumbent legislators or members of Congress.

AB56,103,21 (b) Political affiliations of registered voters.

AB56,103,22 (c) Previous election results.

AB56,103,24 (d) Demographic information except as necessary to meet the requirements of subs. (1) and (10).

AB56,104,9 (9) The number of assembly districts in any redistricting plan may not be less than 54 nor more than 100. The number of senate districts in any redistricting plan may not be more than one-third nor less than one-fourth of the number of assembly districts. Each senate district shall contain only whole assembly districts. Except as otherwise provided in this subsection, to the extent possible, each congressional district shall contain only whole senate districts. The other standards specified in this section shall take precedence where a conflict arises between those standards and the requirement of including only whole senate districts within a congressional district.

AB56,104,15 (10) In preparing any redistricting plan, the legislative reference bureau shall test the efficiency gap and competitiveness of each district and make the test results available to the public, including publishing the results on its Internet site, no later than 72 hours prior to the first public hearing on the proposed plan. The legislative reference bureau may use the data described under sub. (8) (b) to (d) to perform the tests under this subsection.

AB56,104,17 4.008 Required provisions in redistricting bills. Each bill delivered under s. 4.006 shall provide all of the following:

AB56,104,19 (1) That, wherever territory is described in the bill by geographic boundaries, the following conventions are used:

AB56,104,21 (a) Each bound continues to the intersection with the bound next named, or to the intersection with a straight-line extension of such bound.

AB56,104,23 (b) If the bound is a street, it follows the center line of the street or the center line of the street extended.

AB56,104,25 (c) If the bound is a railroad right-of-way, it follows the center line of the railroad right-of-way.

AB56,105,2 (d) If the bound is a river or stream, it follows the center of the main channel of such river or stream.

AB56,105,3 (e) If the bound follows a municipal boundary, it coincides with such boundary.

AB56,105,7 (2) That the bill first applies, with respect to regular elections, to offices filled at the next occurring general election after the bill takes effect and, with respect to special or recall elections, to offices filled or contested on or after the date of that general election.

AB56,105,18 4.0085 Challenge based on population inequality; burden of proof. If an action is brought challenging a legislative redistricting plan under this subchapter on the basis of an excessive population variance among senate or assembly districts established in the plan, the legislature has the burden of justifying any variance in excess of 10 percent between the population of a senate or assembly district and the applicable ideal district population. If an action is brought challenging a congressional redistricting plan under this subchapter on the basis of an excessive population variance among congressional districts established in the plan, the legislature has the burden of justifying any variance in excess of 1 percent between the population of a congressional district and the applicable ideal district population.

AB56,6 Section 6. 5.02 (6m) (f) of the statutes is amended to read:

AB56,106,2 5.02 (6m) (f) An unexpired student identification card issued by a university or college in this state that is accredited, as defined in s. 39.30 (1) (d), or by a technical college in this state that is a member of and governed by the technical college system under ch. 38, that contains the date of issuance and signature of the individual to whom it is issued and that contains an expiration date indicating that the card expires no later than 2 5 years after the date of issuance if the individual establishes that he or she is enrolled as a student at the university or college on the date that the card is presented.

AB56,7 Section 7. 5.056 of the statutes is amended to read:

AB56,106,12 5.056 Matching program with secretary of transportation. The commission administrator shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the commission under s. 6.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally identifiable information maintained by the department of transportation. Subject to s. 343.14 (2p) (b), the agreement shall provide for the electronic transfer of information under s. 6.256 (2) to the commission on a continuous basis, no less often than monthly.

AB56,8 Section 8 . 5.15 (4) (a) of the statutes is amended to read:

AB56,107,7 5.15 (4) (a) Except as provided in par. (c), the division ordinance or resolution shall number all wards in the municipality with unique whole numbers in consecutive order, beginning with the number one, shall designate the polling place for each ward, and shall describe the boundaries of each ward consistent with the conventions set forth in s. 4.003 4.008 (1). The ordinance or resolution shall be accompanied by a list of the block numbers used by the U.S. bureau of the census that are wholly or partly contained within each ward, with any block numbers partly contained within a ward identified, and a map of the municipality which illustrates the revised ward boundaries. If the legislature, in an act redistricting legislative districts under article IV, section 3, of the constitution, or in redistricting congressional districts, establishes a district boundary within a municipality that does not coincide with the boundary of a ward established under the ordinance or resolution of the municipality, the municipal governing body shall, no later than April 10 of the 2nd year following the year of the federal decennial census on which the act is based, amend the ordinance or resolution to the extent required to effect the act. The amended ordinance or resolution shall designate the polling place for any ward that is created to effect the legislative act. Nothing in this paragraph shall be construed to compel a county or city to alter or redraw supervisory or aldermanic districts.

AB56,9 Section 9 . 6.256 of the statutes is created to read:

AB56,107,14 6.256 Commission shall facilitate registration of electors. (1) Except as provided for electors specified in sub. (7) and as otherwise expressly provided, the commission shall use all feasible means to facilitate the registration of all eligible electors of this state who are subject to a registration requirement and the maintenance of the registration of all eligible electors for so long as they remain eligible.

AB56,107,18 (2) Subject to s. 343.14 (2p) (b), for the purpose of carrying out its functions under sub. (1), the commission shall obtain the following information from the department of transportation, to the extent that the department has the information:

AB56,107,22 (a) The full name of each individual who holds a current operator's license issued to the individual under ch. 343 or a current identification card issued to the individual under s. 343.50, together with the following information pertaining to that individual:

AB56,107,24 1. The current address of the individual together with any address history and any name history maintained by the department of transportation.

AB56,107,25 2. The date of birth of the individual.

AB56,108,1 3. The number of the license or identification card issued to the individual.

AB56,108,6 4. A copy of the document that the applicant provided as proof of citizenship and a statement from the department of transportation indicating that the department verified the applicant's citizenship. For purposes of this subdivision, the applicant shall provide a document that meets the requirements under 42 USC 1320b-7 (d).

AB56,108,9 (b) For each item of information specified in this subsection, the most recent date that the item of information was provided or obtained by the department of transportation.

AB56,108,18 (3) The commission shall compare the information obtained under sub. (2) with the information in the registration list under s. 6.36 (1) (a). If the commission finds discrepancies between the information obtained under sub. (2) regarding an elector and the information in the registration list under s. 6.36 (1) (a) regarding that same elector, the commission shall contact the elector by mail or telephone or in person to resolve the discrepancies. If the commission is able to resolve the discrepancies after contacting the elector, the commission shall update the information on the registration list. If the commission is unable to contact the elector, the commission shall resolve any discrepancies in favor of the information in the registration list.

AB56,109,6 (4) Except as provided in this subsection and sub. (7), if the commission concludes that an individual appears eligible to vote in this state but is not registered, and the commission has obtained from reliable sources all the information required under s. 6.33 (1) to complete the individual's registration, the commission shall enter the individual's name on the registration list. If the commission has not obtained from reliable sources all the information pertaining to an individual that is required under s. 6.33 (1), the commission shall attempt to obtain from reliable sources the necessary information under s. 6.33 (1) that is required to complete the individual's registration. If a municipality has changed the status of an elector from eligible to ineligible under s. 6.50 (1) and the elector's eligibility, name, or residence has not changed, the commission may not change the individual's name to eligible status unless the commission first verifies that the individual is eligible and wishes to change his or her status to eligible.

AB56,109,9 (5) The commission shall attempt to contact individuals described in sub. (4) if necessary to obtain all the information specified in s. 6.33 (1) pertaining to the individual that is required to complete the individual's registration.

AB56,109,12 (6) If the commission is able to obtain all the required information specified in s. 6.33 (1) pertaining to an individual, the commission shall enter the name of the individual on the registration list maintained under s. 6.36 (1) (a).

AB56,109,24 (7) Any individual may file a request with the commission to exclude his or her name from the registration list. Any individual whose name is added to the registration list by the commission may file a request with the commission or a municipal clerk to have his or her name deleted from the list. A request for exclusion or deletion shall be filed in the manner prescribed by the commission. An individual who files an exclusion or deletion request under this subsection may revoke his or her request by the same means that an individual may request an exclusion or deletion. The commission shall ensure that the name of any individual who has filed an exclusion or deletion request under this subsection is excluded from the registration list or if the individual's name appears on the list, is removed from the registration list and is not added to the list at any subsequent time unless the individual files a revocation of his or her request under this subsection.

AB56,110,8 (8) If the commission removes from the registration list the name of an elector who does not request that his or her name be deleted, other than to correct an entry that the commission positively determines to be a duplication or to change the name of an individual who is verified to be deceased to ineligible status, the commission shall mail the individual a notice of the removal or change in status by 1st class postcard at the individual's last-known address. The notice shall provide that the individual may apply to have his or her status changed to eligible if he or she is a qualified elector.

AB56,110,10 (9) The commission shall attempt to facilitate the initial registration of all eligible electors, except as otherwise provided in this section, as soon as practicable.

AB56,110,14 (10) The commission shall maintain the confidentiality of all information obtained from the department of transportation under sub. (2) and may use this information only for the purpose of carrying out its functions under sub. (1) and s. 6.34 (2m) and in accordance with the agreement under s. 85.61 (1).

AB56,10 Section 10 . 6.29 (2) (e) of the statutes is created to read:

AB56,110,19 6.29 (2) (e) The municipal clerk or clerk's agent shall promptly add the names of qualified electors who register and vote under this section to the registration list. The clerk or clerk's agent shall add the names of qualified electors who vote at their polling places in the manner prescribed in s. 6.33 (5) (a).

AB56,11 Section 11. 6.33 (2) (a) of the statutes is amended to read:

AB56,111,6 6.33 (2) (a) All information may be recorded by any person, except that the clerk shall record the ward and aldermanic district, if any, other geographic information under sub. (1), the indication of whether the registration is received by mail, and the type of identifying document submitted by the elector as proof of residence under s. 6.34 or the indication of verification of information in lieu of proof of residence under s. 6.34 (2m). Except as provided in s. 6.30 (5), each elector shall sign his or her own name unless the elector is unable to sign his or her name due to physical disability. In such case, the elector may authorize another elector to sign the form on his or her behalf. If the elector so authorizes, the elector signing the form shall attest to a statement that the application is made upon request and by authorization of a named elector who is unable to sign the form due to physical disability.

AB56,12 Section 12. 6.35 (3) of the statutes is amended to read:

AB56,111,12 6.35 (3) Original Except for electronic registrations, original registration forms shall be maintained in the office of the municipal clerk or board of election commissioners at all times. The commission shall maintain electronic registration forms and make such forms available for inspection by the municipal clerk, the clerk's designated agent, or the board of election commissioners.

AB56,13 Section 13. 6.86 (1) (b) of the statutes is amended to read:

AB56,112,12 6.86 (1) (b) Except as provided in this section, if application is made by mail, the application shall be received no later than 5 p.m. on the 5th day immediately preceding the election. If application is made in person, the application shall be made no earlier than 14 days preceding the election and no later than the Sunday 7 p.m. on the Friday preceding the election. No application may be received on a legal holiday. A municipality shall specify the hours in the notice under s. 10.01 (2) (e). The municipal clerk or an election official shall witness the certificate for any in-person absentee ballot cast. Except as provided in par. (c), if the elector is making written application for an absentee ballot at the partisan primary, the general election, the presidential preference primary, or a special election for national office, and the application indicates that the elector is a military elector, as defined in s. 6.34 (1), the application shall be received by the municipal clerk no later than 5 p.m. on election day. If the application indicates that the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk's agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then witness the voting procedure as provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk as required in s. 6.88. If application is made under sub. (2) or (2m), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.

AB56,14 Section 14. 6.86 (3) (c) of the statutes is amended to read:

AB56,113,8 6.86 (3) (c) An application under par. (a) 1. may be made and a registration form under par. (a) 2. may be filed in person at the office of the municipal clerk not earlier than 7 days before an election and not later than 5 p.m. on the day of the election. A list of hospitalized electors applying for ballots under par. (a) 1. shall be made by the municipal clerk and used to check that the electors vote only once, and by absentee ballot. If Except as provided in s. 6.34 (2m), if the elector is registering for the election after the close of registration or if the elector registered by mail or by electronic application and has not voted in an election in this state, the municipal clerk shall inform the agent that proof of residence under s. 6.34 is required and the elector shall enclose proof of residence under s. 6.34 in the envelope with the ballot. The clerk shall verify that the name on any required proof of identification presented by the agent conforms to the name on the elector's application. The clerk shall then enter his or her initials on the carrier envelope indicating that the agent presented proof of identification to the clerk. The agent is not required to enter a signature on the registration list. The ballot shall be sealed by the elector and returned to the municipal clerk either by mail or by personal delivery of the agent; but if the ballot is returned on the day of the election, the agent shall make personal delivery to the polling place serving the hospitalized elector's residence before the closing hour or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk no later than 8 p.m. on election day.

AB56,15 Section 15. 13.124 of the statutes is repealed.

AB56,16 Section 16 . 13.127 of the statutes is repealed.

AB56,17 Section 17 . 13.365 of the statutes is repealed.

AB56,18 Section 18. 13.48 (10) (a) of the statutes is amended to read:

AB56,113,25 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 $300,000 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, remodeling of, or addition to a state building as defined in s. 41.51 (2) unless it determines that the requirements under s. 41.58 have been complied with or that s. 41.58 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.

AB56,19 Section 19. 13.48 (14) (a) of the statutes is renumbered 13.48 (14) (a) (intro.) and amended to read:

AB56,114,3 13.48 (14) (a) (intro.) In this subsection, “ agency":

AB56,114,4 1. “Agency” has the meaning given in s. 16.52 (7).

AB56,20 Section 20. 13.48 (14) (a) 2. of the statutes is created to read:

AB56,114,8 13.48 (14) (a) 2. “Statutory bond purpose” means a purpose specified in s. 20.866 (2) (s) to (zz), but not including any purpose specified in s. 20.866 (2) (s) 1., (z) 1m. to 4m., and (zbj) 1. and 2.

AB56,21 Section 21. 13.48 (14) (c) (intro.) of the statutes is amended to read:

AB56,116,4 13.48 (14) (c) (intro.) Except as provided in par. (e), 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 deposit a sufficient amount of the net proceeds from the sale or lease of the 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 redeeming any of that debt, except that the commission may deposit some or all of the net proceeds, not to exceed the amount the commission would have deposited in the bond security and redemption fund, in the capital improvement fund for use as a substitute source of funding under s. 20.924 (1) (em) for a project enumerated under the authorized state building program that is within the same statutory bond purpose as the property sold or leased under par. (am). 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, 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 be deposited, paid, or used for another purpose under this subsection, the building commission shall use the net proceeds or remaining net proceeds to pay principal and interest costs on outstanding public debt issued to finance the acquisition, construction, or improvement of property, except that the commission may deposit some or all of the net proceeds in the capital improvement fund for use as a substitute source of funding under s. 20.924 (1) (em) for a project enumerated under the authorized state building program that is within the same statutory bond purpose as the property sold or leased under par. (am). If any net proceeds remain thereafter, the commission shall use the proceeds to pay principal and interest costs on other outstanding public debt, except that the commission may deposit some or all of the net proceeds in the capital improvement fund for use as a substitute source of funding under s. 20.924 (1) (em) for any statutory bond purpose. 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. For the purpose of using an amount deposited under this paragraph as a substitute source of funding under s. 20.924 (1) (em), the commission shall determine which projects to fund and shall authorize expenditures for those projects. To the extent practical, the commission shall consider all of the following in determining which public debt to redeem, whether to use any net proceeds as a substitute source of funding under s. 20.924 (1) (em), and which projects to fund:

AB56,22 Section 22. 13.48 (14) (c) 3. of the statutes is amended to read:

AB56,116,8 13.48 (14) (c) 3. The fiscal benefit of redeeming outstanding debt with higher interest costs and the costs of establishing an escrow needed to redeem the outstanding debt.