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  Date of enactment: July 3, 2019
2019 Assembly Bill 56   Date of publication*: July 4, 2019
* Section 991.11, Wisconsin Statutes: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
2019 WISCONSIN ACT 9
(Vetoed in Part)
An Act relating to: state finances and appropriations, constituting the executive budget act of the 2019 legislature.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
9,26m Section 26m. 13.48 (20m) of the statutes is created to read:
13.48 (20m) Grants for local projects. (a) The building commission shall establish and operate a grant program under this subsection to assist nonstate organizations to carry out construction projects having a public purpose. The building commission cannot award a grant for a construction project under this subsection unless the building commission first determines that the project is in the public interest and serves one or more public purposes that are statewide responsibilities of statewide dimension.
(b) The building commission may award a grant to any nonstate organization for a construction project that satisfies par. (a). The municipality, as defined in s. 59.001 (3), or county in which the construction project is or will be located shall apply to the building commission for the grant on behalf of the nonstate organization carrying out the construction project.
(c) The building commission may authorize up to $25,000,000 in general fund supported borrowing for grants awarded under par. (b). Each grant award cannot exceed $5,000,000. Before considering each grant application, the building commission shall determine that the organization carrying out the project has secured additional funding for the project from nonstate revenue sources in an amount that is equal to at least 50 percent of the total cost of the project.
(d) If the building commission awards a grant under par. (b), and if, for any reason, the space that is constructed with funds from the grant is not used for one or more public purposes determined by the building commission under par. (a), the state shall retain an ownership interest in the constructed space equal to the amount of the state's grant.
(e) The building commission cannot award a grant under par. (b) unless the department of administration has reviewed and approved plans for the construction project associated with the grant. Notwithstanding ss. 16.85 (1) and 16.855 (1m), the department of administration cannot supervise any services or work or let any contract for the project. Section 16.87 does not apply to the project.
9,26o Section 26o. 13.48 (20s) of the statutes is created to read:
13.48 (20s) Northern Wisconsin regional crisis center. (a) The building commission may award a grant under this subsection to a nonstate organization for the establishment of a northern Wisconsin regional crisis center. The building commission cannot award a grant under this subsection unless the building commission first determines that the project is in the public interest and serves one or more public purposes that are statewide responsibilities of statewide dimension.
(b) Subject to approval of the joint committee on finance, the building commission may authorize up to $15,000,000 in general fund supported borrowing for a grant awarded under par. (a).
(c) If the building commission awards a grant under par. (a), and if, for any reason, the space that is constructed with funds from the grant is not used for one or more public purposes determined by the building commission under par. (a), the state shall retain an ownership interest in the constructed space equal to the amount of the state's grant.
9,27c Section 27c. 13.48 (27m) (b) of the statutes is amended to read:
13.48 (27m) (b) The building commission may authorize up to a total of $40,000,000 in general fund supported borrowing to assist counties in establishing or constructing secured residential care centers for children and youth and attached juvenile detention facilities. The building commission may authorize up to a total of $40,000,000 in additional general fund supported borrowing for those purposes. Any such state funding commitment shall be in the form of a grant to a county issued under 2017 Wisconsin Act 185, section 110 (4).
9,27d Section 27d. 13.48 (31) (title) of the statutes is amended to read:
13.48 (31) (title) Debt increase for construction of a biomedical research and technology incubator and for a cancer research facility at the Medical College of Wisconsin, Inc.
9,27e Section 27e. 13.48 (31) (e) of the statutes is created to read:
13.48 (31) (e) The legislature finds and determines that cancer is the leading cause of death of the citizens of this state and that research into the causes, prevention, and cures of cancer is of vital importance to the health and well-being of all citizens of this state and is a statewide responsibility of statewide dimension. It is therefore in the public interest, and it is the public policy of this state, to assist the Medical College of Wisconsin, Inc., in the construction of a cancer research facility in Milwaukee County.
9,27f Section 27f. 13.48 (31) (f) of the statutes is created to read:
13.48 (31) (f) The building commission may authorize up to $10,000,000 in general fund supported borrowing to assist the Medical College of Wisconsin, Inc., in the construction of a cancer research facility in Milwaukee County. The state funding commitment shall be in the form of a grant to the Medical College of Wisconsin, Inc. Before approving any state funding commitment for the construction of the cancer research facility, the building commission shall determine that the Medical College of Wisconsin, Inc., has secured additional funding for the project of at least $85 , 000 , 00 0 from nonstate revenue sources.
9,27g Section 27g. 13.48 (31) (g) of the statutes is created to read:
13.48 (31) (g) If the building commission authorizes a grant to the Medical College of Wisconsin, Inc., under par. (f), and if, for any reason, the space that is constructed with funds from the grant is not used for cancer research, the state shall retain an ownership interest in the constructed space equal to the amount of the state's grant.
9,39 Section 39. 15.207 (3) of the statutes is repealed.
9,46m Section 46m. 15.463 of the statutes is created to read:
15.463 Same; offices. (1) Office of innovative program delivery. There is created an office of innovative program delivery in the department of transportation. The director of the office shall be appointed by, and report directly to, the secretary of transportation.
9,48 Section 48. 16.009 (2) (em) of the statutes is amended to read:
16.009 (2) (em) Monitor, evaluate, and make recommendations concerning long-term community support services received by clients of the long-term support community options program under s. 46.27 the self-directed services option, the family care program, the Family Care Partnership Program, and the program of all-inclusive care for the elderly.
9,55 Section 55. 16.047 (4m) (e) of the statutes is repealed.
9,55c Section 55c. 16.047 (4s) of the statutes is created to read:
16.047 (4s) School bus replacement grants. (a) In this subsection:
1. “School board” has the meaning given in s. 115.001 (7).
2. “School bus” has the meaning given in s. 121.51 (4).
(b) The department shall establish a program to award grants of settlement funds from the appropriation under s. 20.855 (4) (h) to school boards for the replacement of school buses owned and operated by the school boards with school buses that are energy efficient, including school buses that use alternative fuels. Any school board may apply for a grant under the program.
(c) As a condition of receiving a grant under this subsection, the school board shall provide matching funds equal to the amount of the grant award.
(d) A school board may use settlement funds awarded under this subsection only for the payment of costs incurred by the school board to replace school buses in accordance with the settlement guidelines.
9,60 Section 60. 16.643 (2) of the statutes is amended to read:
16.643 (2) Eligibility for long-term care programs. A person who is determining eligibility for an individual for a long-term care program under s. 46.27, 46.275, or 46.277, the family care benefit under s. 46.286, the family care partnership program, the long-term care program defined in s. 46.2899 (1), or any other demonstration program or program operated under a waiver of federal medicaid law that provides long-term care benefits shall exclude from the determination any income from assets accumulated in an account that is part of a qualified ABLE program under section 529A of the Internal Revenue Code.
9,61 Section 61. 16.705 (1b) (f) of the statutes is created to read:
16.705 (1b) (f) The department of workforce development for the Project SEARCH program under s. 47.07.
9,67 Section 67. 16.848 (2) (g) of the statutes is amended to read:
16.848 (2) (g) Subsection (1) does not apply to property that is subject to sale by the department of veterans affairs under s. 45.32 (7), 2017 stats.
9,88 Section 88. 16.99 (6) of the statutes is repealed.
9,89 Section 89. 16.9945 (1) (intro.) of the statutes is amended to read:
16.9945 (1) Competitive grants. (intro.) In fiscal years 2017-18 and, 2018-19, 2019-20, and 2020-21, the department may annually award grants on a competitive basis to eligible school districts and to eligible public libraries for the purpose of improving information technology infrastructure. For purposes of awarding grants under this section, “improving information technology infrastructure” includes purchasing and installing on a bus a portable device that creates an area of wireless Internet coverage and purchasing for individuals to temporarily borrow from a school or for patrons to check out from a public library a portable device that creates an area of wireless Internet coverage. In awarding grants to eligible school districts under this section, the department shall give priority to applications for school districts in which the percentage of pupils who satisfy the income eligibility criteria under 42 USC 1758 (b) (1) for a free or reduced-price lunch is greater than in other applicant school districts. The department shall require an applicant for a grant under this section to provide all of the following:
9,90 Section 90. 16.9945 (2) (a) of the statutes is renumbered 16.9945 (2) and amended to read:
16.9945 (2) A school district is eligible for a grant under this section in a fiscal year 2017-18 if the school district's membership in the previous school year divided by the school district's area in square miles is 16 or less.
9,91 Section 91. 16.9945 (2) (b) of the statutes is repealed.
9,96m Section 96m. 16.9945 (2m) (b) (intro.) of the statutes is amended to read:
16.9945 (2m) (b) (intro.) A public library, including the branch of a public library a library branch, is eligible for a grant under this section in a fiscal year 2017-18 or in fiscal year 2018-19 or in both fiscal years if the population of the municipality within which the library or branch of the library library branch is located is 20,000 or less and if the public library or branch library branch is located in one of the following areas of the state:
9,105 Section 105. 16.9945 (4) of the statutes is repealed and recreated to read:
16.9945 (4) Funding limitation. The department cannot award grants under this section that total more than $3,000,000 in the 2019-20 or 2020-21 fiscal year.
9,106 Section 106. 16.9945 (5) of the statutes is amended to read:
16.9945 (5) Sunset. The department may not award grants under this section after July 1, 2019 June 30, 2021.
9,107 Section 107. 16.996 of the statutes is repealed.
9,108 Section 108. 16.997 (1) of the statutes is amended to read:
16.997 (1) Except as provided in s. 196.218 (4t), the department shall promulgate rules establishing an educational telecommunications access program to provide educational agencies with access to data lines and video links.
9,109 Section 109. 16.997 (2) (a) of the statutes is amended to read:
16.997 (2) (a) Allow an educational agency to make a request to the department for access to data lines and video links.
9,110 Section 110. 16.997 (2) (b) of the statutes is amended to read:
16.997 (2) (b) Establish eligibility requirements for an educational agency to participate in the program established under sub. (1) and to receive additional telecommunications access under s. 16.998, including a requirement that a charter school sponsor use data lines and video links to benefit pupils attending the charter school and a requirement that Internet access to material that is harmful to children, as defined in s. 948.11 (1) (b), is blocked on the computers of juvenile correctional facilities that are served by data links and video links subsidized under this section.
9,111 Section 111. 16.997 (2) (c) of the statutes is amended to read:
16.997 (2) (c) Establish specifications for data lines and video links for which access is provided to an educational agency under the program established under sub. (1) or for which additional access is provided to an educational agency under s. 16.998.
9,112 Section 112. 16.997 (2) (d) of the statutes is amended to read:
16.997 (2) (d) Require an educational agency to pay the department not more than $250 per month for each data line or video link that is provided to the educational agency under the program established under sub. (1), except that the charge may not exceed $100 per month for each data line or video link that relies on a transport medium that operates at a speed of 1.544 megabits per second.
9,113 Section 113. 16.997 (2) (f) of the statutes is amended to read:
16.997 (2) (f) Ensure that juvenile correctional facilities that receive access under this section to data lines and video links or that receive additional access under s. 16.998 to data lines, video links, and bandwidth use those data lines and video links and that bandwidth only for educational purposes.
9,114 Section 114. 16.997 (2c) of the statutes is amended to read:
16.997 (2c) The department shall develop criteria to use to evaluate whether to provide more than one data line and video link to an educational agency. The department shall include in the criteria an educational agency's current bandwidth, equipment, and readiness, and the available providers and any other economic development in the geographic area that the educational agency serves.
9,115 Section 115. 16.997 (3) of the statutes is amended to read:
16.997 (3) The department shall prepare an annual report on the status of providing data lines and video links that are requested under sub. (2) (a) and the impact on the universal service fund of any payment under contracts under s. 16.974.
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