Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,69,22 (c) The penalties under pars. (a) and (b) may not be construed to limit the power of the state, a state agency, a local governmental unit or an authority to discipline an employe.".

AB133-ASA1-AA2,69,23 321. Page 419, line 4: after that line insert:

AB133-ASA1-AA2,69,24 " Section 651d. 20.9275 (1) (e) of the statutes is amended to read:

AB133-ASA1-AA2,70,5 20.9275 (1) (e) "Pregnancy program, project or service" means a program, project or service of an organization that provides services for pregnancy prevention, family planning, as defined in s. 253.07 (1) (a) 49.001 (1r), pregnancy testing, pregnancy counseling, prenatal care, pregnancy services and reproductive health care services that are related to pregnancy.".

AB133-ASA1-AA2,70,6 322. Page 419, line 12: after that line insert:

AB133-ASA1-AA2,70,7 " Section 652g. 20.9276 of the statutes is created to read:

AB133-ASA1-AA2,70,9 20.9276 Prohibitions on funding for contraceptive articles prescribed for minors without parental consent. (1) In this section:

AB133-ASA1-AA2,70,17 (a) "Contraceptive article" means any drug, medicine, mixture, preparation, instrument, article or device of any nature or any hormonal compound that is taken orally, that is approved by the federal food and drug administration for use to prevent a pregnancy and that is prescribed by a licensed health care provider for use to prevent a pregnancy. "Contraceptive article" does not include any drug, medicine, mixture, preparation, instrument, article or device of any nature prescribed for use in terminating the pregnancy of a woman who is known by the prescribing licensed health care provider to be pregnant.

AB133-ASA1-AA2,70,20 (b) "Entity" has the meaning given in s. 180.0103 (8), except that "entity" does not mean the United States or a foreign government and "entity" includes a nonprofit corporation, as defined in s. 66.504 (1) (b).

AB133-ASA1-AA2,70,21 (c) "Family planning services" has the meaning given in s. 49.001 (1s).

AB133-ASA1-AA2,70,23 (d) "Local governmental unit" means a city, village, town or county or an agency or subdivision of a city, village, town or county.

AB133-ASA1-AA2,71,2 (e) "Program funds" means all of the following funds distributed or attributable to an entity, public agency or individual for providing family planning services:

AB133-ASA1-AA2,71,3 1. Funds specified under sub. (2).

AB133-ASA1-AA2,71,6 2. Income derived from a grant, subsidy or other funding specified under sub. (2) or from family planning services funded by a grant, subsidy or other funding specified under sub. (2).

AB133-ASA1-AA2,71,8 3. Funds that are matching funds to a grant, subsidy or other funding specified under sub. (2).

AB133-ASA1-AA2,71,9 (f) "Public agency" has the meaning given in s. 46.93 (1m) (e).

AB133-ASA1-AA2,71,10 (g) "State agency" has the meaning given in s. 20.9275 (1) (g).

AB133-ASA1-AA2,71,17 (2) No state agency or local governmental unit may authorize payment of funds of this state, of any local governmental unit or, subject to sub. (4), of federal funds passing through the state treasury as a grant, subsidy or other funding that wholly or partially funds family planning services, if the entity, public agency or individual that receives the funding prescribes a contraceptive article for a minor other than a married or emancipated minor, as defined in s. 48.375 (2) (e), without the written consent of one of the minor's parents or his or her legal guardian or custodian.

AB133-ASA1-AA2,71,22 (3) Subject to sub. (4), no entity, public agency or individual that receives funds specified under sub. (2) may use program funds to prescribe a contraceptive article for a minor other than a married or emancipated minor, as defined in s. 48.375 (2) (e), without the written consent of one of the minor's parents or his or her legal guardian or custodian.

AB133-ASA1-AA2,72,2 (4) The restriction under subs. (2) and (3) on the authorization of payment and the use of federal funds passing through the state treasury shall apply only to the extent that the application of the restriction does not result in the loss of any federal funds.

AB133-ASA1-AA2,72,4 (5) If an entity, public agency or individual that receives funds specified under sub. (2) violates sub. (3), all of the following shall apply:

AB133-ASA1-AA2,72,8 (a) The entity, public agency or individual may not receive funds specified under sub. (2) for 24 months after the date on which the state agency or local governmental unit last authorized payment or the date on which the entity, public agency or individual last violated sub. (3), whichever is later.

AB133-ASA1-AA2,72,13 (b) The grant, subsidy or other funding under which an entity, public agency or individual has used funds in violation of sub. (3) is terminated; and the entity, public agency or individual shall return to the state agency or local governmental unit all funds that have been paid to the entity, public agency or individual under the grant, subsidy or other funding.

AB133-ASA1-AA2,72,19 (6) If a state agency or local governmental unit authorizes payment in violation of sub. (2), the grant, subsidy or other funding under which the state agency or local governmental unit authorized payment in violation of sub. (2), is terminated; and the entity, public agency or individual shall return to the state agency or local governmental unit funds that have been paid to the entity, public agency or individual under the grant, subsidy or other funding.".

AB133-ASA1-AA2,72,20 323. Page 419, line 12: after that line insert:

AB133-ASA1-AA2,72,21 " Section 652d. 20.9275 (2m) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,72,24 20.9275 (2m) (intro.) Nothing in sub. (2) prohibits the providing of nondirective information explaining promotion, encouragement or counseling in favor of, or referral either directly or through an intermediary for, any of the following:

AB133-ASA1-AA2, s. 652e Section 652e. 20.9275 (2m) (c) of the statutes is repealed.

AB133-ASA1-AA2, s. 652f Section 652f. 20.9275 (2n) of the statutes is created to read:

AB133-ASA1-AA2,73,5 20.9275 (2n) None of the funds specified under sub. (2) (intro.) may be paid to an organization or affiliate of an organization that engages in an activity that is specified under sub. (2) (a) 1. to 3.

AB133-ASA1-AA2, s. 652g Section 652g. 20.9275 (3) of the statutes is amended to read:

AB133-ASA1-AA2,73,12 20.9275 (3) Subject to sub. (3m), no organization that receives funds specified under sub. (2) (intro.) may use program funds or any other public funds for an activity that is specified under sub. (2) (a) 1. to 3. No organization that receives funds specified under sub. (2) (intro.) may transfer any program funds or any other public funds to an organization or affiliate of an organization that engages in an activity that is specified under sub. (2) (a) 1. to 3.".

AB133-ASA1-AA2,73,13 324. Page 431, line 15: after that line insert:

AB133-ASA1-AA2,73,15 "(am) "Available bonding authority" means the annual bonding authority as it may be adjusted under sub. (4g) (b), (4m) (k), (4r) (b), (5) or (5m).".

AB133-ASA1-AA2,73,16 325. Page 431, line 22: after that line insert:

AB133-ASA1-AA2,73,18 "(dm) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).".

AB133-ASA1-AA2,73,19 326. Page 432, line 5: after that line insert:

AB133-ASA1-AA2,73,21 "(h) "State conservation reserve enhancement subprogram" means the subprogram under sub. (2) (a) 5.

AB133-ASA1-AA2,73,24 (i) "Total bonding authority" means the total amount that may be obligated under a subprogram under the Warren Knowles-Gaylord Nelson stewardship 2000 program over the entire duration of the program.".

AB133-ASA1-AA2,74,1 327. Page 432, line 7: delete "for conservation and recreational purposes".

AB133-ASA1-AA2,74,3 328. Page 432, line 9: after "acquisition" insert "for conservation or recreational".

AB133-ASA1-AA2,74,4 329. Page 432, line 10: after that line insert:

AB133-ASA1-AA2,74,5 "3. A subprogram for bluff protection.

AB133-ASA1-AA2,74,7 4. A subprogram for land acquisition in the Baraboo Hills for conservation purposes.

AB133-ASA1-AA2,74,10 5. A subprogram to enable the state to participate in the state conservation reserve enhancement program as approved by the secretary of the federal department of agriculture under 16 USC 3834 (f) (4).".

AB133-ASA1-AA2,74,12 330. Page 432, line 11: substitute "Except as provided in sub. (5m), no" for "No".

AB133-ASA1-AA2,74,13 331. Page 433, line 8: delete that line.

AB133-ASA1-AA2,74,14 332. Page 433, line 10: delete that line.

AB133-ASA1-AA2,74,15 333. Page 433, line 11: delete lines 11 to 12 and substitute:

AB133-ASA1-AA2,74,18 "(dm) Except as provided in subs. (4m) (k), (4r) (b), (5) and (5m), the department may not obligate under the subprogram for land acquisition more than the following amounts:

AB133-ASA1-AA2,74,19 1. For fiscal year 2000-01, $10,000,000.

AB133-ASA1-AA2,74,20 2. For fiscal year 2001-02, $13,500,000.

AB133-ASA1-AA2,74,21 3. For fiscal year 2002-03, $15,500,000.

AB133-ASA1-AA2,74,22 4. For fiscal year 2003-04, $19,000,000.

AB133-ASA1-AA2,75,2 5. For each fiscal year beginning with 2004-05 and ending with fiscal year 2009-10, $19,500,000.".

AB133-ASA1-AA2,75,3 334. Page 434, line 9: delete lines 9 to 19 and substitute:

AB133-ASA1-AA2,75,6 "(dm) Except as provided in subs. (4r) (b) and (5), the department may not obligate under the subprogram for property development and local assistance more than the following amounts:

AB133-ASA1-AA2,75,7 1. For fiscal year 2000-01, $8,100,000.

AB133-ASA1-AA2,75,8 2. For fiscal year 2001-02, $11,000,000.

AB133-ASA1-AA2,75,9 3. For fiscal year 2002-03, $12,700,000.

AB133-ASA1-AA2,75,11 4. For each fiscal year beginning with 2003-04 and ending with fiscal year 2009-10, $15,500,000.".

AB133-ASA1-AA2,75,12 335. Page 434, line 21: after that line insert:

AB133-ASA1-AA2,75,15 "(4g) Bluff protection. (a) Except as provided in par. (b) and subs. (4r) (b) and (5), the department may not obligate under the subprogram for bluff protection more than the following amounts:

AB133-ASA1-AA2,75,16 1. For fiscal year 2000-01, $1,900,000.

AB133-ASA1-AA2,75,18 2. For each fiscal year beginning with 2001-02 and ending with fiscal year 2003-04, $500,000.

AB133-ASA1-AA2,75,24 (b) If the total amount obligated for the subprogram for bluff protection on June 30, 2004, is less than $3,400,000, the department shall calculate the unobligated amount by subtracting the total obligated amount from $3,400,000. The department shall then adjust the available bonding authority for the subprogram for property development and local assistance by increasing the available bonding authority in an amount equal to the unobligated amount.

AB133-ASA1-AA2,76,2 (c) The department may not obligate moneys for the subprogram for bluff protection after June 30, 2004.

AB133-ASA1-AA2,76,3 (4m) Baraboo Hills. (a) Definitions. In this subsection:

AB133-ASA1-AA2,76,6 1. "Assigned amount" means the sum of the amounts made available for expenditure under par. (g) and the amounts set aside by the department under par. (h) 1.

AB133-ASA1-AA2,76,9 2. "Federal nontransportation moneys" means moneys received from the federal government that are not deposited in the transportation fund and that are not credited to the appropriations under ss. 20.115 (2) (m) and 20.445 (1) (ox).

AB133-ASA1-AA2,76,12 3. "Local governmental unit" means a city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q) or a public inland lake protection and rehabilitation district.

AB133-ASA1-AA2,76,14 4. "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).

AB133-ASA1-AA2,76,17 (b) Matching funding. The department shall provide funding under the subprogram for the Baraboo Hills to match the value of land acquisitions that are certified as qualifying matching land acquisitions under par. (e).

AB133-ASA1-AA2,76,19 (c) Overall requirements. 1. Except as provided in sub. (4r) (b), the department may obligate not more than $5,000,000 under the subprogram for the Baraboo Hills.

AB133-ASA1-AA2,76,23 2. The amount of moneys, other than federal moneys, that may be used by local governmental units or nonprofit conservation organizations to make land acquisitions that are certified as qualifying matching land acquisitions under par. (e) may not exceed $2,500,000.

AB133-ASA1-AA2,77,3 3. Land that is either certified as a qualifying matching land acquisition under par. (e) or (h) 2. or acquired with moneys made available for expenditure under par. (g) or (h) 2. may not be department land or land that is otherwise owned or under the jurisdiction of the state on the effective date of this subdivision .... [revisor inserts date].

AB133-ASA1-AA2,77,6 (d) Matching land acquisitions; requirements. The department may only certify as a qualifying matching land acquisition in the Baraboo Hills an acquisition to which all of the following apply:

AB133-ASA1-AA2,77,7 1. The land is being acquired for conservation purposes.

AB133-ASA1-AA2,77,9 2. The land is being acquired by the federal government, by a local governmental unit or by a nonprofit conservation organization.

AB133-ASA1-AA2,77,11 3. Any federal moneys being used for the acquisition are federal nontransportation moneys.

AB133-ASA1-AA2,77,15 (e) Matching land acquisitions; certification. The department shall certify which land acquisitions qualify as matching land acquisitions for the subprogram for the Baraboo Hills and shall determine the values of these matching land acquisitions as provided in par. (f).

AB133-ASA1-AA2,77,18 (f) Matching land acquisitions; valuation. The value of a land acquisition that is certified as a qualifying matching land acquisition under par. (e) shall be calculated as follows:

AB133-ASA1-AA2,77,22 1. For land that is acquired by purchase at fair market value, the value shall equal the sum of the purchase price and the costs incurred by the federal government, local governmental unit or nonprofit conservation organization in acquiring the land.

AB133-ASA1-AA2,78,2 2. For land that is acquired by gift or bequest or by purchase at less than fair market value, the value shall equal the sum of the appraised fair market value of the land at the time of the acquisition and the costs incurred by the acquiring entity in acquiring the land. The acquiring entity shall supply the appraisal upon which the appraised fair market value is based.

AB133-ASA1-AA2,78,9 (g) Matching land acquisitions; available moneys. For each land acquisition that is certified as a qualifying matching land acquisition under par. (e) the department shall make available for expenditure moneys in an amount that equals the value of the land acquisition, as calculated under par. (f). This paragraph does not apply to a land acquisition that is acquired with moneys committed by the federal government, local governmental unit or nonprofit conservation organization under par. (h).

AB133-ASA1-AA2,78,17 (h) Matching land acquisitions; future commitments. 1. In addition to the moneys made available for expenditure under par. (g), the department shall set aside moneys in amounts that equal amounts that the federal government, local governmental units or nonprofit conservation organizations commit for the acquisition of land in the Baraboo Hills for conservation purposes. Federal moneys that are committed under this paragraph shall be federal nontransportation moneys. The department may set aside moneys under this paragraph only for commitments that are made before January 1, 2006.

AB133-ASA1-AA2,78,23 2. For each land acquisition that is made by using moneys that are committed by the federal government, a local governmental unit or a nonprofit conservation organization under this paragraph and that is certified as a qualifying matching land acquisition under par. (e), the department shall make available for expenditure moneys in an amount that equals the value of the land acquisition, as calculated under par. (f), after the acquisition is certified.

AB133-ASA1-AA2,79,2 (i) Available moneys; uses. The moneys made available for expenditure under par. (g) or (h) 2. may be used by the department to acquire land in the Baraboo Hills for conservation purposes and to award grants to local governmental units and nonprofit conservation organizations.

AB133-ASA1-AA2,79,8 (j) Available moneys; grant requirements. A local governmental unit or nonprofit conservation organization that receives a grant under par. (i) does not need to provide any matching funding. Land acquired with moneys from a grant awarded under par. (i) may not be certified by the department as a qualifying matching land acquisition under par. (e). Grants awarded under par. (i) shall be used to acquire land for conservation purposes in the Baraboo Hills.