Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (h), 19
5.08, and 5.081, actions under this section or s. 11.517
may be brought by the board 20
or by the district attorney for the county where the defendant resides or, if the 21
defendant is a nonresident, by the district attorney for the county where the violation 22
is alleged to have occurred. For purposes of this subsection, a person other than a 23
natural person resides within a county if the person's principal place of operation is 24
located within that county.
Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (i), 2
5.08, and 5.081, all prosecutions under this section or s. 11.518
shall be conducted 3
by the district attorney for the county where the defendant resides or, if the 4
defendant is a nonresident, by the district attorney for the county where the violation 5
is alleged to have occurred. For purposes of this subsection, a person other than a 6
natural person resides within a county if the person's principal place of operation is 7
located within that county.
(a) "Department" means the department of commerce 10administration
AB40-ASA1, s. 20
13.099 (1) (b) of the statutes is amended to read:
(b) "State housing strategy plan" means the plan developed under 13
s. 560.9802 16.302
AB40-ASA1, s. 21
13.099 (2) (a) of the statutes is amended to read:
(a) If any bill that is introduced in either house of the legislature 16
directly or substantially affects the development, construction, cost
or availability 17
of housing in this state, the department shall prepare a report on the bill within 30 18
days after it is introduced. The department may request any information from other 19
state agencies, local governments or individuals,
or organizations that is reasonably 20
necessary for the department to prepare the report.
AB40-ASA1, s. 25
13.099 (3) (a) 5. of the statutes is amended to read:
(a) 5. Housing costs, as defined in s.
(3) (a) and (b).
AB40-ASA1, s. 35
13.48 (2) (b) 1m. of the statutes is amended to read:
(b) 1m. The University of Wisconsin System may not accept any gift, 2
grant or bequest of real property with a value in excess of $30,000 $150,000
or any 3
gift, grant or bequest of a building or structure that is constructed for the benefit of 4
the system or any institution thereof without the approval of the building 5
(d) The building commission, for the purpose of carrying out s. 36.33 9
relating to the sale and purchase of agricultural lands of the University of Wisconsin, 10
may authorize the advance of sums from the state building trust fund for the 11
purchase price, including option payments, of agricultural lands to be acquired by 12
the University of Wisconsin and for expenses incurred in selling agricultural lands 13
presently owned by the University of Wisconsin, including, without limitation 14
because of enumeration, expenses of surveying, platting, constructing and 15
improving streets and utilities and drainage in such a way as to realize the greatest 16
return to the state in the sale of such lands, and other selling expenses. All such sums 17
advanced shall be repaid to the state building trust fund from the appropriation 18
made by s. 20.285 (1) (ka) (xq)
13.48 (3) State building trust fund.
In the interest of the continuity of the 22
program, the moneys appropriated to the state building trust fund under s. 20.867 23
(2) (f) shall be retained as a nonlapsing building depreciation reserve. Such moneys 24
shall be deposited into the state building trust fund. At such times as the building 25
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 2
direct the department of administration to allocate from this fund such amounts as 3
are approved for these projects. In issuing such directions, the building commission 4
shall consider the cash balance in the state building trust fund, the necessity and 5
urgency of the proposed improvement, employment conditions and availability of 6
materials in the locality in which the improvement is to be made. The building 7
commission may authorize any project costing $500,000
or less in 8
accordance with priorities to be established by the building commission and may 9
adjust the priorities by deleting, substituting or adding new projects as needed to 10
reflect changing program needs and unforeseen circumstances. The building 11
commission may enter into contracts for the construction of buildings for any state 12
agency, except a project authorized under sub. (10) (c)
, and shall be responsible for 13
accounting for all funds released to projects. The building commission may designate 14
the department of administration or the agency for which the project is constructed 15
to act as its representative in such accounting.
13.48 (4) State agencies to report proposed projects. Each Whenever any 18
state agency contemplating contemplates
a project under this the state building 19
shall report its proposed projects the project
to the building commission
20The report shall be made
on such date and in such manner as the building 21
commission prescribes. This subsection does not apply to projects identified in sub.
AB40-ASA1, s. 47
13.48 (10) (a) of the statutes is amended to read:
(a) No Except as provided in par. (c), no
state board, agency, officer, 25
or body corporate may enter into a contract for the
construction, reconstruction, remodeling of,
or addition to any building, structure, 2
or facility, in connection with any building project which involves a cost in excess of 3$150,000 $185,000
without completion of final plans and arrangement for 4
supervision of construction and prior approval by the building commission. The
5building commission may not approve a contract for the construction, reconstruction,
6renovation or remodeling of or an addition to a state building as defined in s. 44.51
7(2) unless it determines that s. 44.57 has been complied with or does not apply.
section applies to the department of transportation only in respect to buildings, 9
and facilities to be used for administrative or operating functions, 10
including buildings, land,
and equipment to be used for the motor vehicle emission 11
inspection and maintenance program under s. 110.20.
AB40-ASA1, s. 49
13.48 (10) (c) of the statutes is created to read:
(c) Paragraph (a) does not apply to any contract for a building project 14
involving a cost of less than $500,000 to be constructed for the University of 15
Wisconsin System that is funded entirely from the proceeds of gifts and grants made 16
to the system.
(a) In this subsection, "agency" has the meaning given for "state 19
agency" in s. 20.001 (1), except that during the period beginning on October 27, 2007,
20and ending on June 30, 2009, and the period beginning on July 1, 2009,
the term does 21
not include the Board of Regents of the University of Wisconsin System.
(am) Subject Except as provided in this paragraph and subject
to par. 24
(d), the building commission shall have the authority to sell or lease all or any part 25
of a state-owned building or structure or state-owned land, including farmland,
where such authority is not otherwise provided to an agency by law, and may transfer 2
land under its jurisdiction among agencies. The building commission does not have
3the authority to sell or lease any state-owned property under this paragraph after
4the department of administration notifies the commission in writing that an offer of
5sale or sale with respect to a property is pending under s. 16.848 (1). If the sale is
6not completed and no further action is pending with respect to the property, the
7authority of the building commission under this paragraph is restored.
13.48 (29) Small projects.
Except as otherwise required under s. 16.855 10
(10m), the building commission may prescribe simplified policies and procedures to 11
be used in lieu of the procedures provided in s. 16.855 for any project that does not 12
require prior approval of the building commission under sub. (10) (a), except projects
13specified in sub. (10) (c)
AB40-ASA1, s. 56g
13.48 (32) (b) (intro.) of the statutes is amended to read:
(b) (intro.) The building commission may authorize up to 16$15,000,000 $23,000,000
of general fund supported borrowing to aid in the 17
construction of a dental clinic and education facility at Marquette University. The 18
state funding commitment for the construction of the facility shall be in the form of 19
a construction grant to Marquette University. Before approving any state funding 20
commitment for such a facility and before awarding the construction grant to 21
Marquette University, the building commission shall determine that all of the 22
following conditions have been met:
AB40-ASA1, s. 56h
13.48 (32) (b) 1. of the statutes is amended to read:
(b) 1. Marquette University has secured additional funding 25
commitments of at least $15,000,000 $23,000,000
from nonstate revenue sources,
the nonstate revenue sources are reasonable and available and the total funding 2
commitments of the state and the nonstate sources will permit Marquette University 3
to enter into contracts for the construction of the dental clinic and education facility.
13.48 (40m) Lac du Flambeau Indian Tribal Cultural Center.
(a) The 6
legislature finds and determines that the Lac du Flambeau Band of Lake Superior 7
Chippewa has played a vital part in the course of Wisconsin history and has 8
contributed in countless and significant ways to the cultural richness and diversity 9
of this state. Moreover, the legislature finds and determines that Wisconsin citizens, 10
including students, can benefit from learning more about the history and the culture 11
of the Lac du Flambeau Band of Lake Superior Chippewa. It is therefore in the public 12
interest, and it is the public policy of this state, to assist the Lac du Flambeau Band 13
of Lake Superior Chippewa in the construction of a tribal cultural center.
(b) The building commission may authorize up to $250,000 in general fund 15
supported borrowing to aid in the construction of a tribal cultural center for the Lac 16
du Flambeau Band of Lake Superior Chippewa. The state funding commitment shall 17
be in the form of a grant to the Lac du Flambeau Band of Lake Superior Chippewa. 18
Before approving any state funding commitment under this paragraph, the building 19
commission shall determine that the Lac du Flambeau Band of Lake Superior 20
Chippewa has secured at least $1,373,000 in additional funding from nonstate 21
donations for the project.
(c) If the building commission authorizes a grant to the Lac du Flambeau Band 23
of Lake Superior Chippewa under par. (b) and if, for any reason, the facility that is 24
constructed with funds from the grant is not used as a tribal cultural center, the state
shall retain an ownership interest in the facility equal to the amount of the state's 2
13.48 (40p) National Soldiers Home Historic District.
(a) The legislature 5
finds and determines that Wisconsin veterans have performed an invaluable service 6
for this country and for this state. It is therefore in the public interest, and it is the 7
public policy of this state, to improve facilities that provide care, outreach, 8
counseling, and other assistance to state veterans, especially its homeless veterans, 9
and this need is a statewide public concern.
(b) The building commission may authorize up to $2,000,000 in general fund 11
supported borrowing to aid in the construction or restoration of veterans facilities at 12
the National Soldiers Home Historic District in Milwaukee. The grant shall be paid 13
from the appropriation under s. 20.866 (2) (z). The state funding commitment shall 14
be in the form of a grant to the Soldiers Home Foundation, Inc. Before approving any 15
state funding commitment under this paragraph, the building commission shall 16
determine that the Soldiers Home Foundation, Inc., has secured at least $2,000,000 17
in additional funding from nonstate donations for the project.
(c) If the building commission authorizes a grant to the Soldiers Home 19
Foundation, Inc., under par. (b) and if, for any reason, any facility that is constructed 20
or restored with funds from the grant is not used as a veterans facility, the state shall 21
retain an ownership interest in the facility equal to the amount of the state's grant.
AB40-ASA1, s. 59
13.489 (1m) (f) of the statutes is created to read:
(f) This subsection does not apply to major highway projects 24
described in s. 84.013 (1) (a) 2m.
AB40-ASA1, s. 60
13.489 (4) (d) of the statutes is created to read:
(d) This subsection does not apply to major highway projects 2
described in s. 84.013 (1) (a) 2m.
13.489 (4m) Review of high-cost major highway projects.
Notwithstanding sub. (4), for any major highway project described in s. 84.013 (1) (a) 6
2m., the department of transportation shall submit a report to the commission, prior 7
to construction of the project, which report may request the commission's approval 8
to proceed with the project. The department may submit this request at any time 9
following completion by the department of a draft environmental impact statement 10
or environmental assessment for the project.
(b) After receiving a request under par. (a) for approval to proceed with a major 12
highway project described in s. 84.013, the commission shall meet to approve, 13
approve with modifications, or disapprove the request. The department may 14
implement the request only as approved by the commission, including approval after 15
modification by the commission.
(c) The department of transportation may not proceed with construction of a 17
major highway project described in s. 84.013 (1) (a) 2m. unless the project is approved 18
by the commission as provided in par. (b).
(d) The procedures specified in this subsection shall apply to all major highway 20
projects described in s. 84.013 (1) (a) 2m. in lieu of the procedures described in sub. 21
This section does not apply to the solicitation, acceptance, or 24
furnishing of anything of pecuniary value by the department of commerce Wisconsin
25Economic Development Corporation
, or to a principal furnishing anything of
pecuniary value to the department of commerce
Wisconsin Economic Development
, under s. 19.56 (3) (e) or (f) for the activities specified in s. 19.56 (3) (e).
AB40-ASA1, s. 65
13.94 (1) (dp) of the statutes is created to read:
(dp) In addition to any other audit to be performed under this section 5
relating to veterans homes, perform one or more financial audits of the operation of 6
the Wisconsin Veterans Home at Chippewa Falls by any private entity with which 7
the department of veterans affairs enters into an agreement under s. 45.50 (2m) (c). 8
The audit shall be performed at such time as the governor or legislature directs.
(mm) No later than July 1, 2012, prepare a financial and performance 12
evaluation audit of the economic development programs administered by the
13department of commerce,
the University of Wisconsin System, the department of 14
agriculture, trade and consumer protection, the department of natural resources, the 15
Wisconsin Housing and Economic Development Authority, the Wisconsin Economic 16
Development Corporation, the department of tourism, the technical college system, 17
and the department of transportation. In this paragraph, economic development 18
program has the meaning given in s. 560.001 (1m)
. The legislative audit 19
bureau shall file a copy of the report of the audit under this paragraph with the 20
distributees specified in par. (b).
AB40-ASA1, s. 67
13.94 (1) (ms) of the statutes is amended to read:
(ms) No later than July 1, 2014, prepare a financial and performance 23
evaluation audit of the economic development tax benefit program under ss. 560.701
24to 560.706 238.301 to 238.306
. The legislative audit bureau shall file a copy of the 25
report of the audit under this paragraph with the distributees specified in par. (b).
(n) Provide periodic performance audits of any division of the 3
department of commerce safety and professional services
that is responsible for 4
inspections of multifamily housing under s. 101.973 (11).
14.165 (2) Recommendations.
The department of administration, department
of commerce safety and professional services,
and public service commission shall 8
make recommendations to the governor for awards under sub. (1).
AB40-ASA1, s. 74
14.57 of the statutes is renumbered 15.105 (25m), and 15.105 10
(25m) (intro.) and (a), as renumbered, are amended to read:
15.105 (25m) Same; attached boards College savings program board.
There is created a college savings program board that is attached to the office of the
13state treasurer department of administration
under s. 15.03 and that consists of all 14
of the following members:
(a) The state treasurer secretary of administration
or his or her designee.
AB40-ASA1, s. 75
14.63 of the statutes is renumbered 16.64, and 16.64 (2) (intro.) 18
and (b), (3) (a), (c) and (d), (4), (5) (b) (intro.), (6) (a) 5. and (b), (7) (a) (intro.), 4. and 19
5. and (b), (7m) (a) (intro.), (b) and (c), (9), (10) (a) and (b), (12) (title), (a) (intro.) and 20
(b) (intro.) and (13), as renumbered, are amended to read:
16.64 (2) Weighted average tuition; tuition unit cost.
(intro.) Annually, the 22state treasurer department
and the board jointly shall determine all of the following:
(b) The price of a tuition unit, which shall be valid for a period determined 24
jointly by the state treasurer department
and the board. The price shall be sufficient 25
to ensure the ability of the state treasurer department
to meet his or her its
obligations under this section. To the extent possible, the price shall be set so that 2
the value of the tuition unit in the anticipated academic year of its use will be equal 3
to 1% of the weighted average tuition for that academic year plus the costs of 4
administering the program under this section attributable to the unit.
(a) An individual, trust, legal guardian, or entity described under 26 USC
(e) (1) (C) may enter into a contract with the state treasurer department
for the 7
sale of tuition units on behalf of a beneficiary.
(c) The state treasurer department
may charge a purchaser an enrollment fee.
(d) The state treasurer department
shall promulgate rules authorizing a 10
person who has entered into a contract under this subsection to change the 11
beneficiary named in the contract.
12(4) Number of tuition units purchased.
A person who enters into a contract 13
under sub. (3) may purchase tuition units at any time and in any number, or may
14authorize a parent, grandparent, great-grandparent, aunt, or uncle of the
15beneficiary to purchase tuition units,
except that the total number of tuition units 16
purchased on behalf of a single beneficiary may not exceed the number necessary to 17
cover tuition, fees and the costs of room and board, books, supplies and equipment 18
required for enrollment or attendance of the beneficiary at an institution of higher 19
(b) (intro.) Upon request by the beneficiary, the state treasurer department 21
shall pay to the institution or beneficiary, whichever is appropriate, in each semester 22
of attendance the lesser of the following:
(a) 5. Other circumstances determined by the state treasurer department 24
to be grounds for termination.
(b) The state treasurer department
may terminate a contract under sub. (3) if 2
any of the tuition units purchased under the contract remain unused 10 years after 3
the anticipated academic year of the beneficiary's initial enrollment in an institution 4
of higher education, as specified in the contract.
(a) (intro.) Except as provided in sub. (7m), the state treasurer department 6
shall do all of the following: