Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,117,5 (11) Provide educational programming for elementary and secondary schools in this state and transmit public radio and television to remote and underserved areas of the state.

AB133-ASA1-AA2,117,7 (12) Hire an executive director in charge of the daily operations of the broadcasting corporation.

AB133-ASA1-AA2,117,8 (13) Enter into the agreements specified in ss. 36.25 (5) (c) 2. and 38.125 (2) (a).

AB133-ASA1-AA2,117,10 39.85 State aid. (1) The broadcasting corporation may receive state aid under s. 20.218 (1) (a) if each of the following is satisfied:

AB133-ASA1-AA2,117,16 (a) The articles of incorporation state that the purpose of the broadcasting corporation is to provide public broadcasting to this state and that, if the broadcasting corporation dissolves or discontinues public broadcasting in this state, the broadcasting corporation shall in good faith take all reasonable measures to transfer or assign the broadcasting corporation's assets, licenses and rights to an entity whose purpose is to advance public broadcasting in this state.

AB133-ASA1-AA2,117,19 (b) The broadcasting corporation initially adopts the bylaws drafted by the transitional board under s. 39.82 (2) and does not amend the bylaws regarding election, appointment and terms of the members of the corporate board.

AB133-ASA1-AA2,117,23 (c) The broadcasting corporation permits public inspection and copying of any record of the corporation, as defined in s. 19.32 (1), to the same extent as required of, and subject to the same terms and enforcement provisions that apply to, an authority under subch. II of ch. 19.

AB133-ASA1-AA2,118,3 (d) The broadcasting corporation provides public access to its meetings to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, a governmental body under subch. V of ch. 19.

AB133-ASA1-AA2,118,7 (e) The broadcasting corporation provides the secretary of administration or his or her designee and the employes of the legislative audit bureau and the legislative fiscal bureau with access to all of the broadcasting corporation's records, as defined in s. 19.32 (2), except records identifying the names of private donors.

AB133-ASA1-AA2,118,12 (f) The broadcasting corporation carries out any obligation of the educational communications board under any contract entered into by the educational communications board that relates to the provision of public broadcasting in this state until the contract is modified or rescinded by the broadcasting corporation to the extent allowed under the contract.

AB133-ASA1-AA2,118,15 (g) The broadcasting corporation maintains public television, public radio and distance education as separate operating divisions within the broadcasting corporation.

AB133-ASA1-AA2,118,17 (2) The secretary of administration shall pay aid under s. 20.218 (1) (a) to the broadcasting corporation in instalments, as determined by the secretary.

AB133-ASA1-AA2,118,24 39.86 Broadcasting corporation reports. (1) No later than September 15 of each even-numbered year, in the form and content prescribed by the department of administration, the broadcasting corporation shall, as a condition of receiving state aid under s. 20.218 (1) (a), prepare and forward to the department of administration and to the legislative fiscal bureau all of the following information regarding each program administered by the broadcasting corporation for which the broadcasting corporation is requesting state aid:

AB133-ASA1-AA2,118,25 (a) A clear statement of the purpose or goal for each program.

AB133-ASA1-AA2,119,3 (b) Clear statements of specific objectives to be accomplished and, as appropriate, the performance measures used by the broadcasting corporation to assess progress toward achievement of these objectives.

AB133-ASA1-AA2,119,5 (c) Proposed plans to implement the objectives specified in par. (a) and the estimated resources needed to carry out the proposed plans.

AB133-ASA1-AA2,119,7 (d) A statement of legislation required to implement proposed programmatic and financial plans.

AB133-ASA1-AA2,119,9 (e) Any other fiscal or other information that the secretary of administration or the governor requires on forms prescribed by the secretary of administration.

AB133-ASA1-AA2,119,13 (2) No later than December 1 of each year, the broadcasting corporation shall, as a condition of receiving state aid under s. 20.218 (1) (a), submit a report to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that describes each of the following:

AB133-ASA1-AA2,119,16 (a) Any use of state aid received by the broadcasting corporation for serving educational communities, diverse populations and rural and remote areas of the state, including a detailed itemization of the use of state aid.

AB133-ASA1-AA2,119,18 (b) Any progress in advancing the transition to digital television and radio, distance education and other technological innovations.

AB133-ASA1-AA2,119,20 (c) The status of federal funding, private donations, other private fund raising and any financially beneficial partnerships.

AB133-ASA1-AA2,119,22 (d) The status of the broadcasting corporation's efforts to satisfy the duties specified in this subchapter.

AB133-ASA1-AA2,120,2 (3) This section does not apply unless 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.

AB133-ASA1-AA2,120,5 39.87 Transfer provisions. (1) Definition. In this section, "state office building" means the state office building located at 3319 West Beltline Highway in Dane County.

AB133-ASA1-AA2,120,9 (2) Assets. (a) 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, each of the following applies:

AB133-ASA1-AA2,120,16 1. Any asset of the state, other than the state office building and the assets specified in subd. 3., that is used by the educational communications board and that, as determined by the secretary of administration, is not a shared asset, as defined in s. 16.26 (1) (b), is transferred, subject to the approval of the secretary of administration under s. 39.83 (2), to the broadcasting corporation. A transfer under this subdivision shall take effect on on the effective date of the last license transferred as determined by the secretary of administration under s. 39.88 (2).

AB133-ASA1-AA2,120,20 2. Subject to the approval of the secretary of administration under s. 39.83 (2), the secretary of administration shall transfer title to the state office building from the state to the broadcasting corporation if the broadcasting corporation pays $476,228 to the foundation or the foundation waives such payment.

AB133-ASA1-AA2,120,24 3. The assets of the state that, as determined by the secretary of administration, are used by educational communications board for the operation of an emergency weather warning system are transferred to the department of administration.

AB133-ASA1-AA2,121,2 (b) Any asset transferred under par. (a) 1. or 2. shall revert to the state if the asset is not used for the purpose of providing public broadcasting.

AB133-ASA1-AA2,121,9 (3) Educational communications board funds. Subject to the approval of the secretary of administration under s. 39.83, 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, each of the following applies on the effective date of the last license transferred as determined by the secretary of administration under s. 39.88 (2):

AB133-ASA1-AA2,121,13 (a) To the appropriation account under s. 20.218 (1) (a), there is transferred the unencumbered balance of the appropriation accounts under s. 20.225 (1) (a), (b), (d), (eg), (er) and (f), except for the unencumbered balance of the appropriation accounts that are otherwise transferred under sub. (4).

AB133-ASA1-AA2,121,18 (b) To the appropriation account under s. 20.505 (5) (i), there is transferred the unencumbered balance of the appropriation account under s. 20.225 (1) (kb) and the amounts in the schedule for the appropriation account under s. 20.505 (5) (i) are increased by the amount transferred from the appropriation account under s. 20.225 (1) (kb).

AB133-ASA1-AA2,121,23 (c) To the appropriation account under s. 20.505 (1) (kv), there is transferred the unencumbered balance of the appropriation accounts under s. 20.225 (1) (g), (h), (k), (ka) and (m), and, to the extent allowed under federal law, the secretary of administration shall pay the broadcasting corporation a grant equal to the amount of the unencumbered balance of the appropriation account under s. 20.505 (1) (kv).

AB133-ASA1-AA2,122,8 (4) Positions. 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, all positions authorized for the educational communications board and the incumbent employes holding the positions are transferred to the University of Wisconsin System. Employes transferred under this subsection have all rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes that they enjoyed in the educational communications board. Notwithstanding s. 230.28 (4), no employe so transferred who has attained permanent status in class may be required to serve a probationary period.

AB133-ASA1-AA2,122,14 (5) Duties of former educational communications board employes. All employes transferred to the University of Wisconsin System under sub. (4) shall provide broadcasting services to the broadcasting corporation under a contract between the University of Wisconsin System and the broadcasting corporation for such services. The contract shall provide that the services are to be provided to the broadcasting corporation at no charge to the broadcasting corporation.

AB133-ASA1-AA2,122,16 39.88 Determinations by secretary of administration. The secretary of administration shall determine each of the following:

AB133-ASA1-AA2,122,19 (1) Whether the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation.

AB133-ASA1-AA2,122,23 (2) If the secretary of administration determines that the federal communications commission has approved the transfer of all the broadcasting licences specified in sub. (1), the effective date of the transfer of the last license transferred to the broadcasting corporation.

AB133-ASA1-AA2,122,25 (3) Determine the date on which the articles of incorporation of the broadcasting corporation become effective under s. 180.0123.".

AB133-ASA1-AA2,123,1 407. Page 532, line 11: after that line insert:

AB133-ASA1-AA2,123,2 " Section 930wb. 40.02 (26) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,123,10 40.02 (26) (intro.) "Employe" means any person who receives earnings as payment for personal services rendered for the benefit of any employer including officers of the employer, except as provided in subch. X. An employe is deemed to have separated from the service of an employer at the end of the day on which the employe last performed services for the employer, or, if later, the day on which the employe-employer relationship is terminated because of the expiration or termination of leave without pay, sick leave, vacation or other leave of absence. A person shall not be considered an employe if a person:

AB133-ASA1-AA2, s. 930wm Section 930wm. 40.02 (26) (intro.) of the statutes, as affected by 1999 Wisconsin Act .... (this act), section 930wb, is amended to read:

AB133-ASA1-AA2,123,20 40.02 (26) (intro.) "Employe" means any person who receives earnings as payment for personal services rendered for the benefit of any employer including officers of the employer, except as provided in subch. X. An employe is deemed to have separated from the service of an employer at the end of the day on which the employe last performed services for the employer, or, if later, the day on which the employe-employer relationship is terminated because of the expiration or termination of leave without pay, sick leave, vacation or other leave of absence. A person shall not be considered an employe if a person:".

AB133-ASA1-AA2,123,21 408. Page 532, line 11: after that line insert:

AB133-ASA1-AA2,123,22 " Section 930x. 40.02 (17) (n) of the statutes is created to read:

AB133-ASA1-AA2,124,8 40.02 (17) (n) Notwithstanding par. (d), each participant who is a sex offender registration specialist on or after the effective date of this paragraph .... [revisor inserts date], shall be granted creditable service as a protective occupation participant for all covered service as a sex offender registration specialist that was earned on or after the effective date of this paragraph .... [revisor inserts date], but may not be granted creditable service as a protective occupation participant for any covered service as a sex offender registration specialist that was earned before the effective date of this paragraph .... [revisor inserts date], unless that service was earned while the participant was classified under sub. (48) (a) and s. 40.06 (1) (d) as a protective occupation participant.".

AB133-ASA1-AA2,124,9 409. Page 532, line 12: before that line insert:

AB133-ASA1-AA2,124,10 " Section 930y. 40.02 (20) of the statutes is amended to read:

AB133-ASA1-AA2,124,19 40.02 (20) "Dependent" means the spouse, minor child, including stepchildren of the current marriage dependent on the employe for support and maintenance, or child of any age, including stepchildren of the current marriage, if handicapped to an extent requiring continued dependence. For group insurance purposes only, the department may promulgate rules with a different definition of "dependent" than the one otherwise provided in this subsection for each group insurance plan, except that the department may not promulgate a rule that includes within the definition of "dependent" any adult who resides with an employe and who is not related to the employe or the employe's spouse by blood, marriage or adoption.".

AB133-ASA1-AA2,124,20 410. Page 532, line 12: delete lines 12 to 20 and substitute:

AB133-ASA1-AA2,124,21 " Section 931b. 40.02 (28) of the statutes is amended to read:

AB133-ASA1-AA2,125,6 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state and any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229 and a family care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3), or a local exposition district created under subch. II of ch. 229 and subch. X. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

AB133-ASA1-AA2, s. 931c Section 931c. 40.02 (28) of the statutes, as affected by 1999 Wisconsin Act .... (this act), section 931b, is amended to read:

AB133-ASA1-AA2,125,17 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state and any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229 and a family care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3) and subch. X. Each employer shall be a separate legal jurisdiction for OASDHI purposes.".

AB133-ASA1-AA2,125,18 411. Page 533, line 16: delete "or person" and substitute "or person".

AB133-ASA1-AA2,125,20 412. Page 533, line 17: after "(1)" insert "or sex offender registration specialist".

AB133-ASA1-AA2,125,21 413. Page 533, line 23: after that line insert:

AB133-ASA1-AA2,125,22 " Section 936c. 40.02 (48) (c) of the statutes is amended to read:

AB133-ASA1-AA2,126,10 40.02 (48) (c) In s. 40.65, "protective occupation participant" means a participating employe who is a police officer, fire fighter, an individual determined by a participating employer under par. (a) or (bm) to be a protective occupation participant, county undersheriff, deputy sheriff, state probation and parole officer, county traffic police officer, conservation warden, state forest ranger, field conservation employe of the department of natural resources who is subject to call for forest fire control or warden duty, member of the state traffic patrol, state motor vehicle inspector, university of Wisconsin system full-time police officer, guard or any other employe whose principal duties are supervision and discipline of inmates at a state penal institution, excise tax investigator employed by the department of revenue, person employed under s. 61.66 (1), or special criminal investigation agent employed by the department of justice or sex offender registration specialist.

AB133-ASA1-AA2, s. 936r Section 936r. 40.02 (53m) of the statutes is created to read:

AB133-ASA1-AA2,126,14 40.02 (53m) "Sex offender registration specialist" means an employe of the department of corrections whose primary duties require direct and ongoing contact with persons registered under s. 301.45 and with the public under s. 301.46.".

AB133-ASA1-AA2,126,15 414. Page 533, line 23: after that line insert:

AB133-ASA1-AA2,126,16 " Section 936s. 40.02 (54) (a) of the statutes is repealed.".

AB133-ASA1-AA2,126,18 415. Page 533, line 24: delete the material beginning with that line and ending with page 534, line 25.

AB133-ASA1-AA2,126,19 416. Page 535, line 6: after that line insert:

AB133-ASA1-AA2,126,20 " Section 941m. 40.22 (2) (c) of the statutes is amended to read:

AB133-ASA1-AA2,126,22 40.22 (2) (c) The employe is excluded from participation by s. 40.02 (54) (a) or 40.21 (3) or (4).".

AB133-ASA1-AA2,126,24 417. Page 535, line 7: delete the material beginning with that line and ending with page 536, line 3.

AB133-ASA1-AA2,127,1 418. Page 536, line 3: after that line insert:

AB133-ASA1-AA2,127,2 " Section 941d. 40.51 (8) of the statutes is amended to read:

AB133-ASA1-AA2,127,6 40.51 (8) Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 632.72 (2), 632.746 (1) to (8) and (10), 632.747, 632.748, 632.85, 632.853, 632.855, 632.87 (3) to (5), 632.872, 632.895 (5m) and (8) to (13) and 632.896.

AB133-ASA1-AA2, s. 941g Section 941g. 40.51 (8m) of the statutes is amended to read:

AB133-ASA1-AA2,127,10 40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 632.746 (1) to (8) and (10), 632.747, 632.748, 632.85, 632.853, 632.855, 632.872 and 632.895 (11) to (13).".

AB133-ASA1-AA2,127,11 419. Page 536, line 3: after that line insert:

AB133-ASA1-AA2,127,12 " Section 939tc. 40.41 (6) (b) of the statutes is amended to read:

AB133-ASA1-AA2,127,17 40.41 (6) (b) Services performed by a student or a member of a board or commission, except members of governing bodies, in a position or office which does not normally require actual performance of duty for at least 600 hours in each calendar year. For purposes of this paragraph, a "board" or "commission" is a body referred to in the statutes as a board or commission.

AB133-ASA1-AA2, s. 939tr Section 939tr. 40.41 (6) (c) of the statutes is created to read:

AB133-ASA1-AA2,127,21 40.41 (6) (c) Service performed in the employ of a school, college or university, if the service is performed by a student who is enrolled and regularly attending classes at the school, college or university.".

AB133-ASA1-AA2,127,22 420. Page 536, line 3: after that line insert:

AB133-ASA1-AA2,127,23 " Section 944j. 40.56 of the statutes is created to read:

AB133-ASA1-AA2,128,4 40.56 Prohibited insurance coverage. The state may not provide any insurance coverage under this subchapter to an adult who resides with an employe and who is not related to the employe or the employe's spouse by blood, marriage or adoption.".

AB133-ASA1-AA2,128,5 421. Page 536, line 12: after that line insert:

AB133-ASA1-AA2,128,6 " Section 944r. 40.65 (4w) of the statutes is created to read:

AB133-ASA1-AA2,128,11 40.65 (4w) A sex offender registration specialist who becomes a protective occupation participant on or after the effective date of this subsection .... [revisor inserts date], is not entitled to a duty disability benefit under this section for an injury or disease occurring before the effective date of this subsection .... [revisor inserts date].".

AB133-ASA1-AA2,128,12 422. Page 536, line 13: before that line insert:

AB133-ASA1-AA2,128,14 " Section 944ym. Subchapter X of chapter 40 [precedes 40.98] of the statutes is created to read:

AB133-ASA1-AA2,128,15 Chapter 40