Amendment ASA2-AB43

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO ASSEMBLY BILL 43

June 22, 2023 - Offered by Joint Committee on Finance.

AB43-ASA2,1,2 An Act; relating to: state finances and appropriations, constituting the executive budget act of the 2023 legislature.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB43-ASA2,1 Section 1. 13.106 (3) (d) of the statutes is created to read:

AB43-ASA2,1,4 13.106 (3) (d) For the Medical College of Wisconsin, all of the following:

AB43-ASA2,1,6 1. The financial status of the psychiatry and behavioral health practice residency sites.

AB43-ASA2,1,8 2. The number of psychiatry and behavioral health residents choosing to practice in medically underserved areas of the state upon graduation.

AB43-ASA2,1,10 3. The number of graduates entering psychiatry and behavioral health practice as a career.

AB43-ASA2,2 Section 2 . 13.48 (2) (L) of the statutes is created to read:

AB43-ASA2,2,5 13.48 (2) (L) From the appropriation under s. 20.867 (3) (x), the building commission may supplement authorized state building program project budgets to offset cost overruns resulting from an increase in price levels due to inflation. No moneys may be expended under this paragraph without the approval of the joint committee on finance.

AB43-ASA2,3 Section 3 . 13.48 (3) of the statutes is amended to read:

AB43-ASA2,3,2 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 $1,000,000 or less or, beginning in fiscal year 2023-24, $2,000,000 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.

AB43-ASA2,4 Section 4 . 13.48 (6) of the statutes is amended to read:

AB43-ASA2,3,16 13.48 (6) Review of projects. All reports submitted as provided by sub. (4) shall be reviewed by the building commission, which shall make its report as soon after November 20 as is possible. Such report shall include specific recommendations and establish priorities for the next 3 biennia from among all projects submitted which the building commission deems essential and shall recommend additional appropriations if necessary for the execution thereof. The building commission shall include in the report any projects proposed by the state fair park board involving a cost of not more than $300,000, together with the method of financing proposed for those projects by the board, without recommendation. Beginning in fiscal year 2023-24, this amount is $600,000. The building commission shall include in its report an appraisal and recommendation of available and alternative methods of financing buildings for the use of state agencies and shall file copies of its report with the governor-elect.

AB43-ASA2,5 Section 5 . 13.48 (7) of the statutes is amended to read:

AB43-ASA2,4,4 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 $300,000, together with the method of financing those projects proposed by the board, without recommendation. Beginning in fiscal year 2023-24, this amount is $600,000. 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.

AB43-ASA2,6 Section 6 . 13.48 (10) (a) of the statutes is amended to read:

AB43-ASA2,4,16 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. Beginning in fiscal year 2023-24, this amount is $600,000. 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.

AB43-ASA2,7 Section 7 . 13.48 (10) (b) 5. of the statutes is amended to read:

AB43-ASA2,4,20 13.48 (10) (b) 5. Contracts for construction of any building, structure or facility for the state fair park board involving a cost of not more than $300,000. Beginning in fiscal year 2023-24, this amount is $600,000.

AB43-ASA2,8 Section 8 . 13.48 (20v) of the statutes is created to read:

AB43-ASA2,5,3 13.48 (20v) 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 statewide public purpose. The building commission is prohibited from awarding a grant for a construction project under this subsection unless the joint committee on finance both approves the grant and finds that the project is in the public interest and serves one or more statewide public purposes.

AB43-ASA2,5,8 (b) From the appropriation under s. 20.867 (3) (x), 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), 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.

AB43-ASA2,5,13 (c) No grant awarded under par. (b) may exceed $4,000,000. Before approving each grant, the building commission shall determine that the nonstate 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.

AB43-ASA2,5,18 (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.

AB43-ASA2,5,24 (e) The building commission is prohibited from awarding 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 is prohibited from supervising any services or work or let any contract for the project. Section 16.87 does not apply to the project.

AB43-ASA2,9 Section 9 . 13.48 (29) of the statutes is amended to read:

AB43-ASA2,6,6 13.48 (29) Simplified policies and procedures for construction projects. 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 involving a cost of not more than $300,000, except projects specified in sub. (10) (c). Beginning in fiscal year 2023-24, this amount is $600,000.

AB43-ASA2,10 Section 10 . 13.48 (32c) of the statutes is created to read:

AB43-ASA2,6,19 13.48 (32c) Marquette University School of Dentistry upgrades. (a) The legislature finds and determines that improving the experiences and training of Marquette University School of Dentistry dental students, increasing the chances of continuing the supply of dentists throughout this state in future years, and improving access to oral health care statewide, particularly for Wisconsin's underserved populations via the Marquette University School of Dentistry's Main Campus Clinic and its affiliated statewide clinics, 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 Marquette University in carrying out construction and equipment upgrades to the Marquette University School of Dentistry's main campus clinic and classrooms, affiliated clinics and classrooms statewide, and patient experience center.

AB43-ASA2,7,3 (b) From the appropriation under s. 20.867 (3) (x), the building commission may authorize a grant to Marquette University of up to $10,750,000 to assist the Marquette University School of Dentistry in carrying out construction and equipment upgrades to its main campus clinic and classrooms, affiliated clinics and classrooms statewide, and patient experience center. Before approving any state funding commitment for the construction and equipment upgrades under this paragraph, the building commission shall determine that Marquette University has secured additional funding for the project of at least $17,250,000 from nonstate revenue sources.

AB43-ASA2,7,8 (c) If the building commission authorizes a grant to Marquette University under par. (b), and if, for any reason, a facility receiving construction or equipment upgrades, or both, with funds from the grant is not used for dentistry purposes, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.

AB43-ASA2,11 Section 11 . 13.48 (37m) of the statutes is created to read:

AB43-ASA2,7,20 13.48 (37m) Children's Hospital and Health System dental clinic expansion. (a) The legislature finds and determines that reducing wait times and improving accessibility of dental care at the dental clinic of Children's Hospital and Health System, Inc., will improve health outcomes for children in this state, and reducing the burden on urgent care and emergency services at Children's Hospital and Health System, Inc., and improving economic development in the state by increasing the capacity of the pediatric dental residency program at the dental clinic at Children's Hospital and Health System, Inc., main Milwaukee campus, are a statewide responsibility of statewide dimension. It is therefore in the public interest, and it is the public policy of this state, to assist Children's Hospital and Health System, Inc., in carrying out the expansion of its dental clinic at its main Milwaukee campus.

AB43-ASA2,8,2 (b) From the appropriation under s. 20.867 (3) (x), the building commission may authorize a grant to Children's Hospital and Health System, Inc., of up to $4,789,000 to assist Children's Hospital and Health System, Inc., to expand the dental clinic at its main Milwaukee campus. Before approving any state funding commitment for the expansion of the dental clinic, the building commission shall determine that Children's Hospital and Health System, Inc., has secured additional funding for the project of at least $4,789,000 from nonstate revenue sources.

AB43-ASA2,8,7 (c) If the building commission authorizes a grant to Children's Hospital and Health System, Inc., under par. (b), and if, for any reason, the money received for expansion of the dental clinic at its main Milwaukee campus from funds from the grant is not used for dentistry purposes, the state shall retain an ownership interest in the clinic equal to the amount of the state's grant.

AB43-ASA2,12 Section 12 . 13.48 (41m) of the statutes is created to read:

AB43-ASA2,8,17 13.48 (41m) Badgerland After School Enrichment Program facility. (a) The legislature finds and determines that providing out-of-school care that inspires local youth to be contributing, productive, and responsible members of their communities through intentional programming that supports positive character development and unique opportunities to grow as individuals 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 Badgerland After School Enrichment Program, Inc., in the purchase and renovation of a building to serve as a facility to provide out-of-school care to youth.

AB43-ASA2,8,25 (b) From the appropriation under s. 20.867 (3) (x), the building commission may provide a grant of up to $1,000,000 to assist the Badgerland After School Enrichment Program, Inc., in the purchase and renovation of a building to serve as a facility to provide out-of-school care to youth. Before approving any state funding commitment for the construction of such a facility, the building commission shall determine that the Badgerland After School Enrichment Program has secured additional funding for the project of at least $10,000,000 from nonstate revenue sources.

AB43-ASA2,9,5 (c) If the building commission authorizes a grant to the Badgerland After School Enrichment Program, Inc., under par. (b), and if, for any reason, the facility that is purchased and renovated with funds from the grant is not used as a facility for out-of-school care, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.

AB43-ASA2,13 Section 13 . 13.48 (46s) of the statutes is created to read:

AB43-ASA2,9,14 13.48 (46s) Food and Farm Exploration Center. (a) The legislature finds and determines that providing hands-on learning experiences to teach students about agricultural innovation and sustainability will attract more interest in agricultural careers; assist in workforce and development training for elementary, secondary, technical college, and university students; and help the state retain talent and is a statewide responsibility of statewide dimension. It is the public policy of this state, and it is in the interest of the state, to assist Farming for the Future Foundation, Inc., with the construction of the Food and Farm Exploration Center.

AB43-ASA2,9,20 (b) From the appropriation under s. 20.867 (3) (x), the building commission may award a grant to Farming for the Future Foundation, Inc. The amount authorized for the grant is $3,000,000. The grant shall be to assist in the construction of the Food and Farm Exploration Center. Farming for the Future Foundation, Inc., shall secure additional funding for the project of at least $38,000,000 from nonstate revenue sources.

AB43-ASA2,9,25 (c) If the building commission awards a grant to Farming for the Future Foundation, Inc., under par. (b), and if, for any reason, the Food and Farm Exploration Center constructed with funds from the grant is not used for agricultural education, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.

AB43-ASA2,14 Section 14. 13.48 (48) of the statutes is created to read:

AB43-ASA2,10,8 13.48 (48) Versiti Blood Research Institute. (a) The legislature finds and determines that research focused on blood health, including research in the areas of blood cancers, benign hematology, cellular therapy, and immunology is essential to the health and well-being of the people 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 Versiti Blood Research Institute Foundation, Inc., in the expansion of the Versiti Blood Research Institute for purposes of blood research.

AB43-ASA2,10,14 (b) From the appropriation under s. 20.867 (3) (x), the building commission may award a grant to Versiti Blood Research Institute Foundation, Inc. The amount authorized for the grant is $10,000,000. The grant shall be to assist in the expansion of the Versiti Blood Research Institute. The Versiti Blood Research Institute Foundation, Inc., shall secure additional funding for the project of at least $53,500,000 from nonstate revenue sources.

AB43-ASA2,10,19 (c) If the building commission awards a grant to Versiti Blood Research Institute Foundation, Inc., under par. (b), and if, for any reason, the expanded space constructed with funds from the grant is not used for blood research, the state shall retain an ownership interest in the expanded space equal to the amount of the state's grant.

AB43-ASA2,15 Section 15 . 13.48 (49) of the statutes is created to read:

AB43-ASA2,11,3 13.48 (49) Regional forensic science center. (a) The legislature finds and determines that offering training and continuing education opportunities to coroners and medical examiners, law enforcement, district attorney offices, and emergency medical and health services providers will improve the quality of the death investigation process for central and northern Wisconsin 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 Marathon County with the construction of a regional forensic science center.

AB43-ASA2,11,8 (b) From the appropriation under s. 20.867 (3) (x), the building commission may award a grant to Marathon County. The amount authorized for the grant is $7,000,000. The grant shall be to assist in the construction of a regional forensic science center. Marathon County shall secure additional funding for the project of at least $7,800,000 from nonstate revenue sources.

AB43-ASA2,11,12 (c) If the building commission awards a grant to Marathon County under par. (b), and if, for any reason, the space constructed with funds from the grant is not used as a regional forensic science center, the state shall retain an ownership interest in the expanded space equal to the amount of the state's grant.

AB43-ASA2,16 Section 16 . 13.488 (7) (a) of the statutes is amended to read:

AB43-ASA2,11,17 13.488 (7) (a) The building commission, with advice from the state fair park board, shall examine and review detailed design requirements for all state-owned facilities involving a cost of more than $300,000 to be included in the development of state fair park. Beginning in fiscal year 2023-24, this amount is $600,000.

AB43-ASA2,17 Section 17. 13.90 (1) (intro.) of the statutes is amended to read:

AB43-ASA2,11,22 13.90 (1) (intro.) The joint committee on legislative organization shall be the policy-making board for the legislative reference bureau, the legislative fiscal bureau, the legislative audit bureau, the legislative human resources office, and the legislative technology services bureau. The committee shall:

AB43-ASA2,18 Section 18. 13.90 (1m) (a) of the statutes is amended to read:

AB43-ASA2,12,2 13.90 (1m) (a) In this subsection, “legislative service agency" means the legislative council staff, the legislative audit bureau, the legislative fiscal bureau, the legislative reference bureau, the legislative human resources office, and the legislative technology services bureau.

AB43-ASA2,19 Section 19 . 13.97 of the statutes is created to read:

AB43-ASA2,12,9 13.97 Legislative human resources office. There is created a service agency known as the “Legislative Human Resources Office,” headed by a director. The legislative human resources office shall be strictly nonpartisan. The legislative human resources office shall have all rights and privileges pertaining to human resources records as are enjoyed by executive branch agencies, including those under s. 230.13 and subch. II of ch. 19.

AB43-ASA2,12,10 (1) Duties of the office. The legislative human resources office shall:

AB43-ASA2,12,12 (a) Provide human resources services to the legislative branch, as directed by the joint committee on legislative organization.

AB43-ASA2,12,17 (b) Establish a formal complaint process to review and investigate allegations of harassment, discrimination, retaliation, violence, or bullying by legislators, legislative employees, and legislative service agency employees. The office shall investigate all such allegations, unless the director designates another person or entity to review and investigate any specific allegation.

AB43-ASA2,12,19 (2) Duties of the director. The director of the legislative human resources office shall:

AB43-ASA2,12,20 (a) Report to the joint committee on legislative organization.

AB43-ASA2,12,21 (b) Direct the operations of the staff.

AB43-ASA2,12,22 (c) Employ, train, and supervise the personnel assigned to the director.

AB43-ASA2,12,23 (d) Supervise all expenditures of the legislative human resources office.

AB43-ASA2,13,3 (e) Manage reviews and investigations of the formal complaint process established under sub. (1) (b). Upon completion of an investigation, report the findings to the appropriate legislative leader or employee supervisor.

AB43-ASA2,13,5 (f) On a periodic basis, recommend to the joint committee on legislative organization improvements to human resources services and programs.

AB43-ASA2,20 Section 20. 16.004 (22) of the statutes is created to read:

AB43-ASA2,13,8 16.004 (22) Endowment fund for WisconsinEye. (a) In this section, “WisconsinEye” means the WisconsinEye Public Affairs Network, Inc.

AB43-ASA2,13,12 (b) From the appropriation under s. 20.855 (4) (dt), if the joint committee on finance approves a request for funding made jointly by the secretary and WisconsinEye, the secretary shall make a payment in the form of a grant to WisconsinEye for the establishment of an endowment fund.

AB43-ASA2,13,16 (c) The department is prohibited from making a payment under par. (b) unless prior to June 1, 2025, WisconsinEye has raised for the endowment fund from nonstate funding sources total amounts that at least equal the amount of the payment, up to $10,000,000.

AB43-ASA2,13,19 (d) If, after a payment under par. (b), WisconsinEye ever ceases operations and divests its assets, WisconsinEye shall pay to the secretary for deposit into the general fund an amount equal to the total amount paid under par. (b).

AB43-ASA2,13,21 (e) As a condition for receiving any payment under par. (b), WisconsinEye is prohibited from charging any fee for access to recorded content of public meetings.

AB43-ASA2,21 Section 21 . 16.009 (2) (a) of the statutes is amended to read:

AB43-ASA2,14,2 16.009 (2) (a) Appoint an executive director within the classified service who. The executive director shall serve as employ the state long-term care ombudsman as specified under sub. (4) (a) within the classified service, and who shall employ staff within the classified service.

AB43-ASA2,22 Section 22 . 16.009 (4) (a) of the statutes is amended to read:

AB43-ASA2,14,10 16.009 (4) (a) The board shall operate the office in order to carry out the requirements of the long-term care ombudsman program, as defined in 42 USC 3058g (a) (2), under 42 USC 3027 (a) (12) (A) and 42 USC 3058f to 3058h and in compliance with 42 CFR 1321 and 1324. The executive director appointed by the board shall serve as employ the state long-term care ombudsman. The executive director state long-term care ombudsman may delegate operation of the office to the staff employed under sub. (2) (a), as designated representatives of the ombudsman.

AB43-ASA2,23 Section 23 . 16.088 of the statutes is created to read:

AB43-ASA2,14,13 16.088 Tribal grants. From the appropriation under s. 20.505 (1) (kt) the department shall do all of the following:

AB43-ASA2,14,16 (1) Award grants to the Oneida Nation of Wisconsin to support the Healing to Wellness Court program at the Oneida Nation, in an amount up to $259,100 annually.

AB43-ASA2,14,19 (2) Award grants to the Oneida Nation of Wisconsin to support coordination between the National Estuarine Research Reserve System and Great Lakes tribal nations, in an amount up to $110,100 annually.

AB43-ASA2,14,23 (3) Award grants to the Oneida Nation of Wisconsin to support the Oneida Nation's collaboration with the Audubon Society concerning Audubon Great Lakes restoration projects, in an amount up to $175,000 annually. No grant may be awarded under this subsection after June 30, 2028.