Amendment ASA1-SB55

SB55-ASA1,423,19 20.866 (2) (zd) Educational communications board; educational communications facilities. From the capital improvement fund, a sum sufficient for the educational communications board to acquire, construct, develop, enlarge or improve educational communications facilities. The state may contract public debt in an amount not to exceed $8,658,100 $16,658,100 for this purpose before July 1, 2003, and an amount not to exceed $22,858,100 for this purpose on and after July 1, 2003. If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation as defined in s. 39.81 (2), on and after the effective date of the last license transferred as determined by the secretary of administration under s. 39.87 (2) (a).

SB55-ASA1, s. 977n Section 977n. 20.866 (2) (zj) of the statutes is amended to read:

SB55-ASA1,423,25 20.866 (2) (zj) Military affairs; armories and military facilities. From the capital improvement fund, a sum sufficient for the department of military affairs to acquire, construct, develop, enlarge, or improve armories and other military facilities. The state may contract public debt in an amount not to exceed $20,417,300 $22,421,900 for this purpose.

SB55-ASA1, s. 604 Section 604. 20.866 (2) (zn) of the statutes is amended to read:

SB55-ASA1,424,5 20.866 (2) (zn) Veterans affairs; self-amortizing mortgage loans. From the capital improvement fund, a sum sufficient for the department of veterans affairs for loans to veterans under s. 45.79 (6) (a). The state may contract public debt in an amount not to exceed $2,020,500,000 $2,120,840,000 for this purpose.

SB55-ASA1, s. 978b Section 978b. 20.866 (2) (zp) of the statutes is amended to read:

SB55-ASA1,424,11 20.866 (2) (zp) Veterans affairs; self-amortizing facilities. From the capital improvement fund, a sum sufficient for the department of veterans affairs to acquire, construct, develop, enlarge or improve facilities at state veterans homes. The state may contract public debt in an amount not to exceed $15,941,000 $29,520,900 for this purpose.

SB55-ASA1, s. 978h Section 978h. 20.866 (2) (zx) of the statutes is amended to read:

SB55-ASA1,424,17 20.866 (2) (zx) State fair park board; board facilities. From the capital improvement fund, a sum sufficient for the state fair park board to acquire, construct, develop, enlarge, or improve state fair park board facilities. The state may contract public debt in an amount not to exceed $3,887,100 $4,587,100 for this purpose.

SB55-ASA1, s. 978p Section 978p. 20.866 (2) (zz) of the statutes is amended to read:

SB55-ASA1,424,23 20.866 (2) (zz) State fair park board; self-amortizing facilities. From the capital improvement fund, a sum sufficient to the state fair park board to acquire, construct, develop, enlarge, or improve facilities at the state fair park in West Allis. The state may contract public debt not to exceed $44,787,100 $45,787,100 for this purpose.

SB55-ASA1, s. 605 Section 605. 20.867 (3) (h) of the statutes is amended to read:

SB55-ASA1,425,16 20.867 (3) (h) Principal repayment, interest, and rebates. A sum sufficient to guarantee full payment of principal and interest costs for self-amortizing or partially self-amortizing facilities enumerated under ss. 20.190 (1) (j), 20.245 (2) (1) (j), 20.285 (1) (ih), (kd) and (km), 20.370 (7) (eq) and 20.485 (1) (go) if moneys available in those appropriations are insufficient to make full payment, and to make full payment of the amounts determined by the building commission under s. 13.488 (1) (m) if the appropriation under s. 20.190 (1) (j), 20.245 (2) (1) (j), 20.285 (1) (ih), (kd) or (km) or 20.485 (1) (go) is insufficient to make full payment of those amounts. All amounts advanced under the authority of this paragraph shall be repaid to the general fund whenever the balance of the appropriation for which the advance was made is sufficient to meet any portion of the amount advanced. The department of administration may take whatever action is deemed necessary including the making of transfers from program revenue appropriations and corresponding appropriations from program receipts in segregated funds and including actions to enforce contractual obligations that will result in additional program revenue for the state, to ensure recovery of the amounts advanced.

SB55-ASA1, s. 606 Section 606. 20.867 (3) (k) of the statutes is amended to read:

SB55-ASA1,425,22 20.867 (3) (k) Interest rebates on obligation proceeds; program revenues. All moneys transferred from the appropriations under pars. (g) and (i) and ss. 20.190 (1) (j), 20.245 (2) (1) (j), 20.285 (1) (kd), 20.410 (1) (ko) and 20.505 (5) (g) and (kc) to make the payments determined by the building commission under s. 13.488 (1) (m) on the proceeds of obligations specified in those paragraphs.

SB55-ASA1, s. 607 Section 607. 20.875 (1) (a) of the statutes is repealed and recreated to read:

SB55-ASA1,425,25 20.875 (1) (a) General fund transfer. A sum sufficient equal to the amount that is required to be transferred under s. 16.518 (3).

SB55-ASA1, s. 608 Section 608. 20.876 of the statutes is created to read:

SB55-ASA1,426,3 20.876 Tax relief fund. (1) Transfers to fund. There is appropriated to the tax relief fund:

SB55-ASA1,426,5 (a) General fund transfer. A sum sufficient equal to the amount that is required to be transferred under s. 16.518 (4).

SB55-ASA1,426,7 (2) Transfers from the fund. There is appropriated from the tax relief fund to the general fund:

SB55-ASA1,426,9 (q) Tax relief fund transfer. An amount equal to the amount certified to the secretary of administration under s. 71.07 (7m) (d).

SB55-ASA1, s. 609 Section 609. 20.903 (2) (b) of the statutes is amended to read:

SB55-ASA1,426,18 20.903 (2) (b) Notwithstanding sub. (1), liabilities may be created and moneys expended from the appropriations under ss. 20.370 (8) (mt), 20.395 (4) (eq), (er) and (es) and 20.505 (1) (im), (ka), (kb), and (kc) and (kd) in an additional amount not exceeding the depreciated value of equipment for operations financed under ss. 20.370 (8) (mt), 20.395 (4) (eq), (er) and (es) and 20.505 (1) (im), (ka), (kb), and (kc) and (kd). The secretary of administration may require such statements of assets and liabilities as he or she deems necessary before approving expenditure estimates in excess of the unexpended moneys in the appropriation account.

SB55-ASA1, s. 610 Section 610. 20.916 (8) (a) of the statutes is amended to read:

SB55-ASA1,427,5 20.916 (8) (a) The secretary of employment relations shall recommend to the joint committee on employment relations uniform travel schedule amounts for travel by state officers and employees whose compensation is established under s. 20.923 or 230.12. Such amounts shall include maximum permitted amounts for meal and lodging costs, special allowance expenses under sub. (9) (d), and porterage tips, except as authorized under s. 16.53 (12) (c). In lieu of the maximum permitted amounts for expenses under sub. (9) (b), (c), and (d), the secretary may recommend to the committee a per diem amount and method of reimbursement for any or all expenses under sub. (9) (b), (c), and (d). The secretary shall also recommend to the committee the amount of the allowance for legislative expenses under s. 13.123 (1) (a) 1.

SB55-ASA1, s. 611 Section 611. 20.916 (8) (b) of the statutes is amended to read:

SB55-ASA1,427,11 20.916 (8) (b) The approval process for the uniform travel schedule amounts and allowances for legislative expenses under this subsection shall be the same as that provided under s. 230.12 (3) (b). The approved amounts for the uniform travel schedule and legislative expense allowances shall be incorporated into the compensation plan under s. 230.12 (1).

SB55-ASA1, s. 612 Section 612. 20.923 (4) (e) 1e. of the statutes is amended to read:

SB55-ASA1,427,19 20.923 (4) (e) 1e. Educational communications board: executive director. If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation as defined in s. 39.81 (2), this subdivision does not apply on and after the effective date of the last license transferred as determined by the secretary of administration under s. 39.87 (2) (a).

SB55-ASA1, s. 613 Section 613. 20.923 (4) (h) 2. of the statutes is created to read:

SB55-ASA1,427,22 20.923 (4) (h) 2. Electronic government, department of: secretary (chief information officer).

SB55-ASA1, s. 989m Section 989m. 20.923 (4g) (intro.) of the statutes is amended to read:

SB55-ASA1,428,14 20.923 (4g) University of Wisconsin System senior executive positions. (intro.) A compensation plan consisting of 9 university senior executive salary groups is established for certain administrative positions at the University of Wisconsin System. The salary ranges and adjustments to the salary ranges for the university senior executive salary groups 1 and 2 shall be contained in the recommendations of the secretary of employment relations under s. 230.12 (3) (e). The salary ranges and adjustments to the salary ranges for university senior executive salary groups 3 to 9 shall be determined by the board of regents of the University of Wisconsin System based on an analysis of salaries paid for similar positions at comparable universities in other states. The board of regents of the University of Wisconsin System shall set the salaries for these positions within the ranges to which the positions are assigned to reflect the hierarchical structure of the system, to recognize merit, to permit orderly salary progression and to recognize competitive factors. The salary of any incumbent in the positions identified in pars. (ae) to (f) may not exceed the maximum of the salary range for the group to which the position is assigned. The positions are assigned as follows:

SB55-ASA1, s. 614 Section 614. 20.923 (6) (b) of the statutes is amended to read:

SB55-ASA1,428,22 20.923 (6) (b) Educational communications board: unclassified professional staff. If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation as defined in s. 39.81 (2), this paragraph does not apply on and after the effective date of the last license transferred as determined by the secretary of administration under s. 39.87 (2) (a).

SB55-ASA1, s. 615 Section 615. 20.923 (6) (dm) of the statutes is repealed.

SB55-ASA1, s. 616 Section 616. 20.924 (1) (h) of the statutes is repealed.

SB55-ASA1, s. 994d Section 994d. 20.924 (1) (i) of the statutes is created to read:

SB55-ASA1,429,8 20.924 (1) (i) Shall not acquire or lease or authorize the acquisition or leasing of any building, structure, or facility, or portion thereof, for initial occupancy by the department of corrections for the purpose of confining persons serving a sentence of imprisonment to the Wisconsin state prisons or for the purpose of confining juveniles alleged or found to be delinquent unless the construction of the building, structure, or facility or the conversion of the building, structure, or facility into a correctional facility either was completed before January 1, 2001, or began after the building, structure, or facility was enumerated in the authorized state building program.

SB55-ASA1, s. 994e Section 994e. 20.924 (1) (j) of the statutes is created to read:

SB55-ASA1,429,15 20.924 (1) (j) Shall not enter into any lease or other contract that provides for the construction of any building, structure, or facility, or portion thereof, for initial occupancy by the state and that contains an option for the state to purchase the building, structure, or facility unless the construction and purchase of the building, structure, or facility is enumerated in the authorized state building program prior to entering into the lease or other contract.

SB55-ASA1, s. 617 Section 617. 20.924 (4) of the statutes is amended to read:

SB55-ASA1,429,20 20.924 (4) In addition to the authorized building program for the historical society, the society may expend any funds which are made available from the appropriations under s. 20.245 (1) (ag), (g), (h) and, (m), (2) (a) to (bi), (g), (h) and (m), (3) (g), (h), (m) and (n), (4) (g), (h) and (m) and (5) (a), (g), (h) and (m) and (n).

SB55-ASA1, s. 618 Section 618. 21.01 (1) of the statutes is amended to read:

SB55-ASA1,429,25 21.01 (1) The organized militia of this state shall be known as the "Wisconsin national guard" and the "Wisconsin naval militia" and shall consist of members appointed or enlisted therein in accordance with federal law or regulations governing or pertaining to the national guard or to the naval militia.

SB55-ASA1, s. 619 Section 619. 21.01 (3) of the statutes is created to read:

SB55-ASA1,430,14 21.01 (3) The Wisconsin naval militia shall consist of members or former members of U.S. naval, coast guard, or marine corps reserve, enlisted or appointed, who also join the Wisconsin naval militia. The members and units of the Wisconsin naval militia while in state service shall be under the command and control of the governor through the adjutant general. Their membership in the Wisconsin naval militia is authorized under the provisions of Title 10 U.S. Code Sections 7851, 7852, and 7854. The primary purpose of the naval militia will be to respond to the call of the governor to support the state of Wisconsin during times of natural disaster, state emergency, domestic disorder, or other public service support missions. The military structure of the units of the naval militia will be established by the adjutant general by military regulation, approved by the governor. The term "naval militia" when used in this chapter will refer to the members and units thus organized and not to the "national guard," unless the context otherwise requires that interpretation.

SB55-ASA1, s. 620 Section 620. 21.015 (1) of the statutes is amended to read:

SB55-ASA1,430,16 21.015 (1) Administer the national guard and the naval militia.

SB55-ASA1, s. 621 Section 621. 21.015 (2) of the statutes is amended to read:

SB55-ASA1,430,19 21.015 (2) Provide facilities for the national guard and the naval militia and any other support available from the appropriations under s. 20.465.

SB55-ASA1, s. 622 Section 622. 21.025 (2) (b) of the statutes is amended to read:

SB55-ASA1,430,23 21.025 (2) (b) The governor may form an aviation unit and a naval unit of the state defense force and formulate the rules and regulations therefor and prescribe the duties thereof consistent with the functions of the state defense force.

SB55-ASA1, s. 623 Section 623. 21.025 (2) (c) of the statutes is amended to read:

SB55-ASA1,431,3 21.025 (2) (c) Officers and enlistees, while on active duty under orders of the governor, shall receive the base pay and allowances of the their identical pay grade in the United States army.

SB55-ASA1, s. 624 Section 624. 21.03 of the statutes is amended to read:

SB55-ASA1,431,9 21.03 Distribution of arms. The governor may receive and distribute, according to law, the quota of arms and military equipment which the state may receive from the government of the United States under the provisions of any acts of congress providing for arming and equipping the national guard, the naval militia, and the state defense force.

SB55-ASA1, s. 625 Section 625. 21.07 of the statutes is amended to read:

SB55-ASA1,431,14 21.07 Decorations and awards. The adjutant general may prescribe decorations and awards for the Wisconsin national guard, the Wisconsin naval militia, and the state defense force, the form and issue thereof made under rules adopted by the adjutant general and approved by the governor.

SB55-ASA1, s. 626 Section 626. 21.09 of the statutes is amended to read:

SB55-ASA1,431,24 21.09 Training; special schools; pay and allowances. The governor may order the national guard or the naval militia, or both, to assemble for training at any military establishment within or without the state specified and approved by the department of defense and fix the dates and places thereof, and the governor may order members of the national guard and the naval militia, at their option, to attend such special schools for military training as may be authorized by the state or federal government. For such training and attendance at special schools, members of the national guard and the naval militia shall receive such pay and allowances as the federal government or the governor may authorize.

SB55-ASA1, s. 627 Section 627. 21.11 (1) of the statutes is amended to read:

SB55-ASA1,432,21 21.11 (1) In case of war, insurrection, rebellion, riot, invasion or resistance to the execution of the laws of this state or of the United States; in the event of public disaster resulting from flood, conflagration or tornado; in order to assess damage or potential damage and to recommend responsive action as a result of natural or man-made events; or upon application of any marshal of the United States, the president of any village, the mayor of any city, the chairperson of any town board, or any sheriff in this state, the governor may order into active service all or any portion of the national guard or the naval militia. If the governor is absent, or cannot be immediately communicated with, any such civil officer may, if the officer deems the occasion so urgent, make such application, which shall be in writing, to the commanding officers of any company, battalion or regiment, or similar naval militia unit, who may upon approval of the adjutant general, if the danger is great and imminent, order out that officer's command to the aid of such civil officer. Such order shall be delivered to the commanding officer, who shall immediately communicate the order to each, and every subordinate officer, and every company commander or similar naval militia commander receiving the same shall immediately communicate the substance thereof to each member of the company or naval militia unit, or if any such member cannot be found, a notice in writing containing the substance of such order shall be left at the last and usual place of residence of such member with some person of suitable age and discretion, to whom its contents shall be explained.

SB55-ASA1, s. 628 Section 628. 21.11 (2) of the statutes is amended to read:

SB55-ASA1,433,3 21.11 (2) Any commissioned officer or enlisted member of the national guard or the naval militia who fails to carry out orders or fails to appear at the time or place ordered as provided in sub. (1) shall be punished under the Wisconsin code of military justice. Any person who advises or endeavors to persuade an officer or soldier enlisted member to refuse or neglect to appear at such place or obey such order shall forfeit not less than $200 nor more than $1,000.

SB55-ASA1, s. 629 Section 629. 21.13 (1) of the statutes is amended to read:

SB55-ASA1,433,17 21.13 (1) If any member of the national guard, the naval militia, or the state defense force is prosecuted by any civil or criminal action for any act performed by the member while in the performance of military duty and in pursuance of military duty, the action against the member shall be defended by counsel, which may include the attorney general, appointed for that purpose by the governor upon the recommendation of the adjutant general. The adjutant general shall make the recommendation if the act performed by the member was in the line of duty. The costs and expenses of any such defense shall be audited by the department of administration and paid out of the state treasury and charged to the appropriation under s. 20.455 (1) (b) and if the jury or court finds that the member of the national guard, the naval militia, or the state defense force against whom the action is brought acted within the scope of his or her employment as a member, the judgment as to damages entered against the member shall also be paid by the state.

SB55-ASA1, s. 630 Section 630. 21.13 (2) of the statutes is amended to read:

SB55-ASA1,433,21 21.13 (2) Any civil action or proceeding brought against a member of the national guard, the naval militia, or the state defense force under sub. (1) is subject to ss. 893.82 and 895.46.

SB55-ASA1, s. 631 Section 631. 21.18 (1) of the statutes is amended to read:

SB55-ASA1,434,9 21.18 (1) The Except as provided in sub. (4), the military staff of the governor shall consist of the adjutant general, with a minimum rank of brigadier general; a deputy adjutant general for army, who may be a general officer; an assistant adjutant general, army, for readiness and training, who may be a general officer; a deputy assistant adjutant general, army, for readiness and training; a deputy adjutant general for air, who may be a general officer; a chief surgeon for army, who may be a general officer; a chief surgeon for air, who may be a general officer; a staff judge advocate for army, who may be a general officer; a staff judge advocate for air, who may be a general officer; a state chaplain, who may be a general officer; and such other officers as the governor deems necessary. Vacancies in positions other than those of the adjutant general shall be filled through appointment by the adjutant general.

SB55-ASA1, s. 632 Section 632. 21.18 (4) of the statutes is created to read:

SB55-ASA1,434,22 21.18 (4) The military staff of the governor shall be to include an assistant to the adjutant general for readiness and training for the naval militia who shall hold the rank of rear admiral lower half, or brigadier general, depending upon branch of service. He or she shall be appointed by the adjutant general with the consent of the governor for a 3-year period and the appointee may be reappointed to successive periods. The appointment of this assistant to the adjutant general shall not be conditioned upon current membership in one of the United States armed forces reserves. However, the appointee must comply with sub. (2) and must currently be either a member of a U.S. reserve component, or have been separated from military service under honorable conditions. The remainder of the military staff of the naval militia shall be established by military regulations promulgated by the adjutant general and approved by the governor.

SB55-ASA1, s. 633 Section 633. 21.19 (2) of the statutes is amended to read:

SB55-ASA1,435,5 21.19 (2) The department of military affairs on behalf of the state may rent to appropriate organizations or individuals state-owned lands, buildings and facilities used by, acquired for, or erected for the Wisconsin national guard or other state recognized military force, when not required for use by the Wisconsin national guard, or other state recognized military force. Such rental shall not be effective unless in writing and approved by the governor and the adjutant general or a designee in writing.

SB55-ASA1, s. 634 Section 634. 21.19 (8) of the statutes is amended to read:

SB55-ASA1,435,10 21.19 (8) The adjutant general or a designee shall issue all necessary supplies to members and units of the national guard, naval militia, or state defense force and may contract for the purchase and transportation of such supplies, subject to s. 16.71 (1).

SB55-ASA1, s. 635 Section 635. 21.20 of the statutes is amended to read:

SB55-ASA1,435,17 21.20 Civil service status. All full-time state-paid employees of the department of military affairs shall be under the classified service, except the adjutant general, the executive assistant to the adjutant general, the deputy adjutants general for army and air, the assistant to the adjutant general for readiness and training for the naval militia, and the administrator of the division of emergency management.

SB55-ASA1, s. 636 Section 636. 21.30 of the statutes is amended to read:

SB55-ASA1,436,2 21.30 Chief surgeons; powers and duties. The chief surgeons for army and air shall, under direction of the adjutant general, have general supervision of the medical units of the Wisconsin national guard, the Wisconsin naval militia, and state defense force when organized. The chief surgeons shall make recommendations concerning procurement of medical supplies for state active duty operations, for the procurement and training of medical personnel and for the publication of Wisconsin national guard, Wisconsin naval militia, or state defense force directives on medical subjects. The chief surgeons shall submit an annual report of the affairs and expenses of their departments to the adjutant general.

SB55-ASA1, s. 637 Section 637. 21.32 of the statutes is amended to read:

SB55-ASA1,436,8 21.32 Physical examinations. The chief surgeons for army and, air, and naval militia shall provide for such physical examinations and inoculations of officers, enlistees and applicants for enlistment, in the Wisconsin national guard and the Wisconsin naval militia, as may be prescribed by department of defense and national guard regulations and, if applicable, Wisconsin naval militia regulations.

SB55-ASA1, s. 638 Section 638. 21.35 of the statutes is amended to read:

SB55-ASA1,436,24 21.35 Federal laws and regulations; no discrimination. The organization, armament, equipment and discipline of the Wisconsin national guard and the Wisconsin naval militia shall be that prescribed by federal laws or regulations; and the governor may by order perfect such organization, armament, equipment and discipline, at any time, so as to comply with such laws and regulations insofar as they are consistent with the Wisconsin code of military justice. Notwithstanding any rule or regulation prescribed by the federal government or any officer or department thereof, no person, otherwise qualified, may be denied membership in the Wisconsin national guard or the Wisconsin naval militia because of sex, color, race, creed or sexual orientation and no member of the Wisconsin national guard or the Wisconsin naval militia may be segregated within the Wisconsin national guard or the Wisconsin naval militia on the basis of sex, color, race, creed or sexual orientation. Nothing in this section prohibits separate facilities for persons of different sexes with regard to dormitory accommodations, public toilets, showers, saunas and dressing rooms.

SB55-ASA1, s. 639 Section 639. 21.36 (1) of the statutes is amended to read:

SB55-ASA1,437,10 21.36 (1) The rules of discipline and the regulations of the armed forces of the U.S. shall, so far as the same are applicable, constitute the rules of discipline and the regulations of the national guard and the naval militia; the rules and uniform code of military justice established by congress and the department of defense for the armed forces shall be adopted so far as they are applicable and consistent with the Wisconsin code of military justice for the government of the national guard and the naval militia, and the system of instruction and the drill regulations prescribed for the different arms and corps of the armed forces of the U.S. shall be followed in the military instruction and practice of the national guard and the naval militia, and the use of any other system is forbidden.

SB55-ASA1, s. 640 Section 640. 21.36 (2) of the statutes is amended to read: