Date of enactment: October 26, 2007
2007 Senate Bill 40 Date of publication*: October 26, 2007
* Section 991.11, Wisconsin Statutes 2005-06 : 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 as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2007 WISCONSIN ACT 20
(Vetoed in Part)
An Act; relating to: state finances and appropriations, constituting the executive budget act of the 2007 legislature.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
20,1b Section 1b. 5.05 (5s) (c) of the statutes, as affected by 2007 Wisconsin Act 1, is amended to read:
5.05 (5s) (c) The board shall provide information from investigation and hearing records that pertains to the location of individuals and assets of individuals as requested under s. 49.22 (2m) by the department of workforce development children and families or by a county child support agency under s. 59.53 (5).
20,1m Section 1m. 6.47 (1) (ag) of the statutes is amended to read:
6.47 (1) (ag) "Domestic abuse victim service provider" means an organization that is certified by the department of health and family services children and families as eligible to receive grants under s. 46.95 49.165 (2) and whose name is included on the list provided by the board under s. 7.08 (10).
20,2 Section 2. 7.08 (10) of the statutes is amended to read:
7.08 (10) Domestic abuse and sexual assault service providers. Provide to each municipal clerk, on a continuous basis, the names and addresses of organizations that are certified under s. 46.95 49.165 (4) or 165.93 (4) to provide services to victims of domestic abuse or sexual assault.
20,3d Section 3d. 10.53 (title) of the statutes is amended to read:
10.53 (title) Revisor Legislative reference bureau to correct listings.
20,3h Section 3h. 10.53 (1g) of the statutes is amended to read:
10.53 (1g) In preparing each edition of the statutes for publication the revisor legislative reference bureau shall, if the revisor bureau finds that a conflict exists between the listings in ss. 10.62 to 10.82 and the substantive statutes to which those sections refer, correct the listing in this subchapter to properly reflect the intent of the substantive statute or of the act of the legislature on which the substantive statute is based.
20,3p Section 3p. 10.53 (1r) of the statutes is amended to read:
10.53 (1r) For any correction made by the revisor legislative reference bureau under the authority of this section, the revisor bureau shall prepare a note explaining the correction that shall be printed with the affected listing in this subchapter.
20,3t Section 3t. 10.53 (2) and (3) of the statutes are amended to read:
10.53 (2) If the revisor legislative reference bureau makes any correction under the authority of this section, the revisor bureau shall incorporate the change in a revisor's correction bill to be submitted to the legislature at its next regularly scheduled meeting.
(3) Whenever a new act of the legislature requires a position or person to give an election notice or to perform a specific action in connection with any election, but such act fails to create an appropriate paragraph for inclusion within the listings in this subchapter, the revisor legislative reference bureau shall create and print the appropriate paragraph in compliance with this section.
20,3w Section 3w. 13.094 of the statutes is repealed.
20,5 Section 5. 13.101 (6) (a) of the statutes is amended to read:
13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity, by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (af), (aq), (ar), and (au), 20.435 (6) (a) and (7) (da), and 20.445 (3) 20.437 (2) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.
20,7b Section 7b. 13.172 (1) of the statutes is amended to read:
13.172 (1) In this section, "agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, or 234, or 279.
20,9 Section 9. 13.48 (14) (a) of the statutes is amended to read:
13.48 (14) (a) In this subsection, "agency" has the meaning given for "state agency" in s. 20.001 (1), except that during the period prior to July 1, 2007, and the period beginning on the effective date of this paragraph .... [revisor inserts date], and ending on June 30, 2009, the term does not include the Board of Regents of the University of Wisconsin System.
20,9c Section 9c. 13.48 (31) (a) of the statutes is amended to read:
13.48 (31) (a) The legislature finds and determines that it is in the public interest to promote the public health and welfare and to provide for economic development in this state by ensuring a fundamental and expanding capacity to conduct biomedical research and to create new technologies; by training students in the substance and methodology of biomedical research; and by providing scientific support to individuals and organizations in this state who are engaged in biomedical research and technological innovation. It is therefore the public policy of this state to assist the Medical College of Wisconsin, Inc., in the construction of and installation of equipment at facilities that will be used for biomedical research and the creation of new technologies.
20,9e Section 9e. 13.48 (31) (b) of the statutes is amended to read:
13.48 (31) (b) On or after July 1, 2003, the building commission may authorize up to $25,000,000 $35,000,000 of general fund supported borrowing to aid in the construction of and installation of equipment at a biomedical research and technology incubator at the Medical College of Wisconsin, Inc. The state funding commitment for the construction of and installation of equipment at the incubator shall be in the form of a construction grant to the Medical College of Wisconsin, Inc. Before the building commission may award the construction grant under this paragraph, the Medical College of Wisconsin, Inc., must certify to the building commission that the total funding commitments of the state and nonstate sources will pay for the construction cost of and the cost of installation of equipment at the incubator.
20,9h Section 9h. 13.48 (31) (c) (intro.) of the statutes is amended to read:
13.48 (31) (c) (intro.) If the building commission awards a construction grant to the Medical College of Wisconsin, Inc., under this subsection, the Medical College of Wisconsin, Inc., shall provide the state with an option to purchase the biomedical research and technology incubator under the following conditions:
20,9n Section 9n. 13.48 (31) (d) of the statutes is amended to read:
13.48 (31) (d) If the state does not exercise the option to purchase the biomedical research and technology incubator under par. (c), and if the incubator is sold to any 3rd party, any agreement to sell the incubator shall provide that the state has the right to receive an amount equal to the construction grants awarded to the Medical College of Wisconsin, Inc., under this subsection from the net proceeds of any such sale after any mortgage on the incubator has been satisfied and all other secured debts have been paid. This right shall be paramount to the right of the Medical College of Wisconsin, Inc., to the proceeds upon such sale.
20,9nb Section 9nb. 13.48 (32r) of the statutes is repealed.
20,9nd Section 9nd. 13.48 (36) of the statutes is created to read:
13.48 (36) Hmong cultural centers. (a) The legislature finds and determines that a significant number of Hmong people are citizens of this state, that the Hmong people have a proud heritage that needs to be recognized and preserved, and that the Hmong people have experienced difficulties assimilating in this state. The legislature finds that supporting the Hmong people in their efforts to recognize their heritage and to realize the full advantages of citizenship in this state is a statewide responsibility of statewide dimension. Because it will better ensure that the heritage of the Hmong people is preserved and will better enable the Hmong people to realize the full advantages of citizenship in this state, the legislature finds that it will have a direct and immediate effect on a matter of statewide concern for the state to facilitate the purchase or construction and operation of Hmong cultural centers.
(b) 1. The building commission may authorize up to $2,000,000 in general fund supported borrowing to make a grant to an organization designated by the secretary of administration that represents the cultural interests of Hmong people for purchase or construction of a Hmong cultural center in Dane County. Before approving any state funding commitment for the purchase or construction of the center and before awarding the grant, the building commission shall determine that the organization has secured additional funding commitments of at least $2,500,000 from nonstate revenue sources for purchase or construction of the center. Before awarding the grant, the organization shall submit to the building commission and the commission shall review and approve an initial budget and business plan for the operation of the center that is acceptable to the commission. As a condition of receiving the grant, the organization must enter into an agreement with the secretary guaranteeing that the center will be operated to serve the nonsectarian cultural interests of the Hmong people.
2. If, for any reason, the facility that is purchased or constructed with funds from the grant under subd. 1. is not used as a Hmong cultural center in Dane County, or the center is not operated to serve the nonsectarian cultural interests of the Hmong people, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.
(c) 1. The building commission may authorize up to $250,000 in general fund supported borrowing to make a grant to an organization designated by the secretary of administration that represents the cultural interests of Hmong people for purchase or construction of a Hmong cultural center in La Crosse County. Before awarding the grant, the organization shall submit to the building commission and the commission shall review and approve an initial budget and business plan for the operation of the center that is acceptable to the commission. As a condition of receiving the grant, the organization must enter into an agreement with the secretary guaranteeing that the center will be operated to serve the nonsectarian cultural interests of the Hmong people.
2. If, for any reason, the facility that is purchased or constructed with funds from the grant under subd. 1. is not used as a Hmong cultural center in La Crosse County, or the center is not operated to serve the nonsectarian cultural interests of the Hmong people, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.
20,9nf Section 9nf. 13.48 (36p) of the statutes is created to read:
13.48 (36p) Bond Health Center. (a) The legislature finds and determines that improving the health of the citizens of this state and increasing access to health care in this state is a statewide responsibility of statewide dimension. In addition, the legislature finds and determines that the Bond Health Center in the city of Oconto plays a vital role in improving the health of the citizens of this state and is a quality health care facility. The legislature, therefore, finds and determines that assisting the Bond Health Center in the city of Oconto in expanding a health care facility will have a direct and immediate effect on this state responsibility of statewide dimension.
(b) The building commission may authorize up to $1,000,000 in general fund supported borrowing to make a grant to the Bond Health Center in the city of Oconto for construction costs related to hospital expansion. Before approving any state funding commitment for construction costs relating to the hospital expansion and before awarding the grant, the building commission shall determine that the Bond Health Center has secured all necessary additional funding commitments from nonstate revenue sources for the expansion.
(c) If, for any reason, the facility that is expanded with funds from the grant under par. (b) is not used as a hospital, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.
20,9nx Section 9nx. 13.48 (38) of the statutes is created to read:
13.48 (38) Civil War exhibit at the Kenosha Public Museums. (a) The legislature finds and determines that the Civil War was an event of unequaled importance in the historical development of the United States; that Wisconsin citizens fought bravely and valiantly in assisting the Union to achieve victory in the Civil War; and that the study of the Civil War will deepen our understanding and appreciation of the history of the United States and of Wisconsin. It is therefore in the public interest, and it is the public policy of this state, to assist the Kenosha Public Museums in the construction of facilities that will be used for a Civil War exhibit.
(b) The building commission may authorize up to $500,000 in general fund supported borrowing to aid in the construction of a Civil War exhibit as part of the Kenosha Public Museums in the city of Kenosha. The state funding commitment shall be in the form of a grant to the Kenosha Public Museums. Before approving any such state funding commitment and before awarding the construction grant, the building commission shall determine that the Kenosha Public Museums has secured additional funding at least equal to $2,000,000 from nonstate donations for the purpose of constructing a Civil War exhibit.
(c) If the building commission authorizes a grant to the Kenosha Public Museums under par. (b) and if, for any reason, the facility that is constructed with funds from the grant is not used as a Civil War exhibit, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.
20,9og Section 9og. 13.489 (5) (b) of the statutes is amended to read:
13.489 (5) (b) All project information included in any report required under this subsection par. (a) shall be reported on both a cumulative basis from the inception of the project and on an updated basis for the period since the department's last report under this subsection.
20,9oh Section 9oh. 13.489 (5) (c) of the statutes is created to read:
13.489 (5) (c) With the report submitted under par. (a), by February 1 of each year, the department of transportation shall include a current project schedule for all projects enumerated under s. 84.013 (3) or approved under s. 84.013 (6), showing the annual funding required until completion for each project.
20,9p Section 9p. 13.53 (2) (intro.) of the statutes is amended to read:
13.53 (2) Responsibilities. (intro.) The joint legislative audit committee shall have advisory responsibilities for the legislative audit bureau. The committee's responsibility is subject to general supervision of the joint committee on legislative organization. If the joint committee on information policy and technology is not organized, the joint legislative audit committee shall assume the responsibilities assigned to the joint committee on information policy and technology under ss. 13.58 (5) (b) 5. and 6., 16.971 (2) (Lg), 16.973 (10) to (16), and 36.59. The joint legislative audit committee may:
20,9q Section 9q. 13.55 (1) (a) 1. (intro.) of the statutes is amended to read:
13.55 (1) (a) 1. (intro.) There is created a 9-member an 8-member commission on uniform state laws to advise the legislature with regard to uniform laws and model laws. Except as provided under par. (b), the commission shall consist of all of the following:
20,9r Section 9r. 13.55 (1) (a) 1. c. of the statutes is repealed.
20,9rg Section 9rg. 13.58 (5) (b) 5. of the statutes is created to read:
13.58 (5) (b) 5. Review any executive branch information technology project identified in a report submitted to the committee by the department of administration under s. 16.973 (15) to determine whether the project should be continued or implemented. The committee may forward any recommendations regarding the project to the governor and to the legislature under s. 13.172 (2).
20,9rk Section 9rk. 13.58 (5) (b) 6. of the statutes is created to read:
13.58 (5) (b) 6. Review any University of Wisconsin System, institution, or college campus information technology project identified in a report submitted to the committee by the Board of Regents under s. 36.59 (7) to determine whether the project should be continued or implemented. The committee may forward any recommendations regarding the project to the governor and to the legislature under s. 13.172 (2).
20,10b Section 10b. 13.62 (2) of the statutes is amended to read:
13.62 (2) "Agency" means any board, commission, department, office, society, institution of higher education, council, or committee in the state government, or any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, or 237, or 279, except that the term does not include a council or committee of the legislature.
20,11 Section 11. 13.63 (1) (am) of the statutes is amended to read:
13.63 (1) (am) If an individual who applies for a license under this section does not have a social security number, the individual, as a condition of obtaining that license, shall submit a statement made or subscribed under oath or affirmation to the board that the individual does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A license issued in reliance upon a false statement submitted under this paragraph is invalid.
20,12 Section 12. 13.63 (1) (b) of the statutes is amended to read:
13.63 (1) (b) Except as provided under par. (am), the board shall not issue a license to an applicant who does not provide his or her social security number. The board shall not issue a license to an applicant or shall revoke any license issued to a lobbyist if the department of revenue certifies to the board that the applicant or lobbyist is liable for delinquent taxes under s. 73.0301. The board shall refuse to issue a license or shall suspend any existing license for failure of an applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure of an applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. No application may be disapproved by the board except an application for a license by a person who is ineligible for licensure under this subsection or s. 13.69 (4) or an application by a lobbyist whose license has been revoked under this subsection or s. 13.69 (7) and only for the period of such ineligibility or revocation.
20,13 Section 13. 13.64 (2) of the statutes is amended to read:
13.64 (2) The registration shall expire on December 31 of each even-numbered year. Except as provided in sub. (2m), the board shall refuse to accept a registration statement filed by an individual who does not provide his or her social security number. The board shall refuse to accept a registration statement filed by an individual or shall suspend any existing registration of an individual for failure of the individual or registrant to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure of the individual or registrant to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceeding, as provided in a memorandum of understanding entered into under s. 49.857. If all lobbying by or on behalf of the principal which is not exempt under s. 13.621 ceases, the board shall terminate the principal's registration and any authorizations under s. 13.65 as of the day after the principal files a statement of cessation and expense statements under s. 13.68 for the period covering all dates on which the principal was registered. Refusal to accept a registration statement or suspension of an existing registration pursuant to a memorandum of understanding under s. 49.857 is not subject to review under ch. 227.
20,14 Section 14. 13.64 (2m) of the statutes is amended to read:
13.64 (2m) If an individual who applies for registration under this section does not have a social security number, the individual, as a condition of obtaining registration, shall submit a statement made or subscribed under oath or affirmation to the board that the individual does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A registration accepted in reliance upon a false statement submitted under this subsection is invalid.
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