ALL:all:all
March 2008 Special Session
2007 - 2008 LEGISLATURE
CONFERENCE SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 1
May 12, 2008 - Offered by Committee of Conference on March 2008 Special
Session Assembly Bill 1.
AB1-CSA1,2,11
1An Act to repeal 16.526, 20.505 (1) (sd), 20.505 (1) (sh), 20.505 (1) (sm), 20.505
2(1) (sp), 25.17 (1) (es) and 25.59;
to renumber 40.08 (2), 71.34 (1) and 71.42 (1);
3to renumber and amend 71.26 (2) (a), 79.04 (4m) and 946.42 (1) (a);
to amend
413.101 (6) (a), 13.40 (3) (b), 16.50 (1) (b), 16.518 (title), 16.52 (10), 16.527 (title),
516.527 (1), 16.527 (3) (b) 2. and 3., 16.527 (10), 16.63 (2), 20.003 (4) (ft), 20.003
6(4) (fv), 20.505 (1) (br), 20.505 (1) (iq), 20.835 (1) (d), 20.866 (2) (uur), 25.69,
749.175 (1) (p), 66.0721 (title), 66.0721 (2), 66.0721 (3), 70.11 (intro.), 70.11 (4),
871.05 (6) (a) 15., 71.30 (2), 71.45 (2) (a) 10., 71.80 (1) (b), 86.30 (2) (e), 100.52 (1)
9(f), 118.14 (title), 118.153 (4) (b), 121.004 (7) (c) 1. (intro.), 121.004 (7) (cm),
10121.007, 121.15 (1m) (a) 3., 121.15 (1m) (b), 350.12 (3j) (b), 628.348 (1) and
11973.01 (2) (c) 2. a.;
to create 16.518 (2m), 16.518 (3) (b) 3., 16.527 (1) (b), 16.527
12(2) (d), 16.527 (2) (e), 16.527 (3) (c), 16.527 (8) (f), 20.255 (2) (at), 20.505 (1) (bq),
1320.505 (1) (iw), 23.225, 23.245, 40.02 (48g), 40.05 (4r), 40.08 (2) (b), 40.80 (2t),
149.155 (6m), 66.0721 (1) (ae), 70.11 (4a), 70.11 (4b), 71.01 (1am), 71.01 (1t),
271.01 (5s), 71.01 (9ad), 71.01 (9am), 71.01 (9an), 71.05 (6) (a) 24., 71.05 (6) (b)
345., 71.05 (6) (b) 46., 71.22 (1b), 71.22 (1tm), 71.22 (3m), 71.22 (9ad), 71.22
4(9am), 71.22 (9an), 71.26 (2) (a) 7., 71.26 (2) (a) 8., 71.26 (2) (a) 9., 71.34 (1am),
571.34 (1b), 71.34 (1e), 71.34 (1k) (j), 71.34 (1k) (k), 71.34 (1k) (L), 71.34 (1L),
671.34 (1p), 71.34 (1r), 71.42 (1b), 71.42 (1s), 71.42 (1t), 71.42 (4d), 71.42 (4m),
771.42 (4n), 71.45 (2) (a) 16., 71.45 (2) (a) 17., 71.45 (2) (a) 18., 71.80 (23), 79.04
8(4m) (b), 100.52 (1) (bm), 118.14 (3), 121.15 (1m) (a) 4., 946.42 (1) (a) 1. bm.,
9946.42 (1) (a) 1. c. and h., 946.42 (2m) and 946.42 (4) of the statutes; and
to
10affect 2007 Wisconsin Act 20, section
9201 (1c) (a);
relating to: state finances
11and appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1-CSA1,3,914
13.101
(6) (a) As an emergency measure necessitated by decreased state
15revenues and to prevent the necessity for a state tax on general property, the
16committee may reduce any appropriation made to any board, commission,
17department, or the University of Wisconsin System, or to any other state agency or
18activity, by such amount as it deems feasible, not exceeding 25% of the
19appropriations, except appropriations made by ss. 20.255 (2) (ac),
(at), (bc), (bh), (cg),
20and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6)
21(af), (aq), (ar), and (au), 20.435 (6) (a) and (7) (da), and 20.437 (2) (a) and (dz) or for
22forestry purposes under s. 20.370 (1), or any other moneys distributed to any county,
23city, village, town, or school district. Appropriations of receipts and of a sum
1sufficient shall for the purposes of this section be regarded as equivalent to the
2amounts expended under such appropriations in the prior fiscal year which ended
3June 30. All functions of said state agencies shall be continued in an efficient
4manner, but because of the uncertainties of the existing situation no public funds
5should be expended or obligations incurred unless there shall be adequate revenues
6to meet the expenditures therefor. For such reason the committee may make
7reductions of such appropriations as in its judgment will secure sound financial
8operations of the administration for said state agencies and at the same time
9interfere least with their services and activities.
AB1-CSA1, s. 2
10Section
2. 13.40 (3) (b) of the statutes is amended to read:
AB1-CSA1,3,1411
13.40
(3) (b) An appropriation to honor a moral obligation undertaken
12pursuant to ss.
16.526 (8), 16.527 (10), 18.61 (5), 85.25 (5), 101.143 (9m) (i), 229.50
13(7), 229.74 (7), 229.830 (7), 234.15 (4), 234.42 (4), 234.54 (4) (b), 234.626 (7), 234.93
14(6), 234.932 (6), 234.933 (6), and 281.59 (13m).
AB1-CSA1, s. 3
15Section
3. 16.50 (1) (b) of the statutes is amended to read:
AB1-CSA1,3,1716
16.50
(1) (b) This subsection does not apply to appropriations under ss. 20.255
17(2) (ac),
and (at), 20.835, and 20.865 (4).
AB1-CSA1, s. 4
18Section
4. 16.518 (title) of the statutes is amended to read:
AB1-CSA1,3,21
1916.518 (title)
Transfers
Reductions in school aid; delayed payment and
20transfers to the budget stabilization fund and the cash building projects
21fund.
AB1-CSA1, s. 5
22Section
5. 16.518 (2m) of the statutes is created to read:
AB1-CSA1,4,223
16.518
(2m) (a) If the amount of moneys projected to be deposited in the general
24fund during the fiscal year that are designated as "Taxes" in the summary are less
25than the amount of such moneys actually deposited in the general fund during the
1fiscal year, the secretary shall reduce the amount of the delayed general school aid
2payment required under s. 121.15 (1m) (a) 4. by the difference.
AB1-CSA1,4,63
(b) If there is a balance remaining after the amount of the delayed general
4school aid payment required under s. 121.15 (1m) (a) 4. is reduced to zero under par.
5(a), the secretary shall use it to reduce the amount of the delayed general school aid
6payment required under s. 121.15 (1m) (a) 3.
AB1-CSA1, s. 6
7Section
6. 16.518 (3) (b) 3. of the statutes is created to read:
AB1-CSA1,4,108
16.518
(3) (b) 3. If the amounts of the delayed general school aid payments
9required under s. 121.15 (1m) (a) 3. and 4. are not reduced to zero under sub. (2m),
10the secretary may not make the transfer under par. (a).
AB1-CSA1, s. 7
11Section
7. 16.52 (10) of the statutes is amended to read:
AB1-CSA1,4,1512
16.52
(10) Department of public instruction. The provisions of sub. (2) with
13respect to refunds and sub. (5) (a) with respect to reimbursements for the prior fiscal
14year shall not apply to the
appropriation appropriations under s. 20.255 (2) (ac)
and
15(at).
AB1-CSA1, s. 9
17Section
9. 16.527 (title) of the statutes is amended to read:
AB1-CSA1,4,19
1816.527 (title)
Retirement of state's unfunded liabilities under the
19Wisconsin Retirement System; appropriation Appropriation obligations.
AB1-CSA1, s. 10
20Section
10. 16.527 (1) of the statutes is amended to read:
AB1-CSA1,4,2221
16.527
(1) Legislative finding and determination findings and
22determinations.
AB1-CSA1,5,7
23(a) Recognizing that the state, by prepaying part or all of the state's unfunded
24prior service liability under s. 40.05 (2) (b) and the state's unfunded liability under
25s. 40.05 (4) (b), (bc), and (bw) and subch. IX of ch. 40, may reduce its costs and better
1ensure the timely and full payment of retirement benefits to participants and their
2beneficiaries under the Wisconsin Retirement System, the legislature finds and
3determines that it is in the public interest for the state to issue appropriation
4obligations to obtain proceeds to pay the state's anticipated unfunded prior service
5liability under s. 40.05 (2) (b) and to pay part or all of the state's unfunded prior
6service liability under s. 40.05 (2) (b) and the state's unfunded liability under s. 40.05
7(4) (b), (bc), and (bw) and subch. IX of ch. 40.
AB1-CSA1, s. 11
8Section
11. 16.527 (1) (b) of the statutes is created to read:
AB1-CSA1,5,129
16.527
(1) (b) The legislature finds and determines that the purchase of any
10of the tobacco settlement revenues that had been sold by the secretary under s. 16.63
11from the net proceeds of appropriation obligations issued under this section is
12appropriate and in the public interest and will serve a public purpose.
AB1-CSA1, s. 12
13Section
12. 16.527 (2) (d) of the statutes is created to read:
AB1-CSA1,5,1514
16.527
(2) (d) "Tobacco settlement agreement" has the meaning given in s.
1516.63 (1) (b).
AB1-CSA1, s. 13
16Section
13. 16.527 (2) (e) of the statutes is created to read:
AB1-CSA1,5,1817
16.527
(2) (e) "Tobacco settlement revenues" has the meaning given in s. 16.63
18(1) (c).
AB1-CSA1, s. 14
19Section
14. 16.527 (3) (b) 2. and 3. of the statutes are amended to read:
AB1-CSA1,5,2420
16.527
(3) (b) 2. The sum of appropriation obligations issued under this section
21for the purpose under subd. 1., excluding any obligations that have been defeased
22under a cash optimization program administered by the building commission and
23any obligations issued pursuant to subd. 3.
, and revenue obligations issued under s.
2416.526, if any, may not exceed $1,500,000,000.
AB1-CSA1,6,6
13. The department may contract appropriation obligations as the department
2determines is desirable to fund or refund outstanding appropriation obligations
3issued under this section
for the purpose under subd. 1., to pay issuance or
4administrative expenses, to make deposits to reserve funds, to pay accrued or funded
5interest, to pay the costs of credit enhancement, or to make payments under other
6agreements entered into under sub. (4) (e).
AB1-CSA1, s. 15
7Section
15. 16.527 (3) (c) of the statutes is created to read:
AB1-CSA1,6,118
16.527
(3) (c) 1. Before July 1, 2009, subject to the limitation under subd. 2.,
9the department may contract appropriation obligations of the state under this
10section for the purpose of purchasing any of the tobacco settlement revenues that had
11been sold by the secretary under s. 16.63.
AB1-CSA1,6,2112
2. The sum of appropriation obligations issued under this section for the
13purpose under subd. 1., excluding any obligations that have been defeased under a
14cash optimization program administered by the building commission and any
15obligations issued pursuant to subd. 3., may not exceed $1,700,000,000, excluding
16amounts representing original issue discount, unless a higher amount is required by
17Badger Tobacco Asset Securitization Corporation to defease any outstanding
18indebtedness secured by such tobacco settlement revenues and to release
19repurchased tobacco settlement revenues to the state free and clear of any security
20interest therein. The secretary's certification as to the amount so required shall be
21conclusive for all purposes of this section.
AB1-CSA1,7,222
3. The department may contract appropriation obligations as the department
23determines is desirable to fund outstanding appropriation obligations issued under
24this section for the purpose under subd. 1., to pay issuance or administrative
25expenses, to make deposits to reserve funds, to pay accrued or funded interest, to pay
1the costs of credit enhancement, or to make payments under other agreements
2entered into under sub. (4) (e).
AB1-CSA1, s. 16
3Section
16. 16.527 (8) (f) of the statutes is created to read:
AB1-CSA1,7,74
16.527
(8) (f) The department may enter into a contract with any firm or
5individual engaged in financial services for the performance of any of its duties under
6this section, using selection and procurement procedures established by the
7department. The contract is not subject to s. 16.705 or 16.75.
AB1-CSA1, s. 17
8Section
17. 16.527 (10) of the statutes is amended to read:
AB1-CSA1,7,159
16.527
(10) Moral obligation pledge. Recognizing its moral obligation to do
10so, the legislature expresses its expectation and aspiration that it shall make timely
11appropriations from moneys in the general fund that are sufficient to pay the
12principal and interest due with respect to any appropriation obligations in any year,
13to make payments of the state under agreements and ancillary arrangements
14entered into under sub. (4) (e), to make deposits into reserve funds created under sub.
15(3) (b) 3.
or (c) 3., and to pay related issuance or administrative expenses.
AB1-CSA1, s. 18
16Section
18. 16.63 (2) of the statutes is amended to read:
AB1-CSA1,7,1917
16.63
(2) The Before July 1, 2009, the secretary may sell for cash or other
18consideration the state's right to receive any of the payments under the tobacco
19settlement agreement.
AB1-CSA1, s. 19
20Section
19. 20.003 (4) (ft) of the statutes is amended to read:
AB1-CSA1,7,2121
20.003
(4) (ft) For fiscal year 2007-08,
$65,000,000 $25,000,000.
AB1-CSA1, s. 20
22Section
20. 20.003 (4) (fv) of the statutes is amended to read:
AB1-CSA1,7,2323
20.003
(4) (fv) For fiscal year 2008-09,
$65,000,000 $25,000,000.
AB1-CSA1, s. 21
24Section
21. 20.005 (3) (schedule) of the statutes: at the appropriate place,
25insert the following amounts for the purposes indicated:
-
See PDF for table AB1-CSA1, s. 22
1Section
22. 20.255 (2) (at) of the statutes is created to read:
AB1-CSA1,8,52
20.255
(2) (at)
General equalization aids; reduction in delayed payment. A sum
3sufficient equal to the amount of the reductions made under s. 16.518 (2m) in the
4current fiscal year to the amounts of the delayed school aid payments under s. 121.15
5(1m) (a) 3. and 4., for the payment of educational aids under s. 121.08.
AB1-CSA1, s. 23
6Section
23. 20.505 (1) (bq) of the statutes is created to read:
AB1-CSA1,8,127
20.505
(1) (bq)
Appropriation obligations repayment; tobacco settlement
8revenues. The amounts in the schedule to pay debt service costs due in the current
9fiscal year on appropriation obligations issued under s. 16.527 for the purpose under
10s. 16.527 (3) (c) 1., to make payments of the state under agreements and ancillary
11arrangements entered into under s. 16.527 (4) (e), and to pay related issuance or
12administrative expenses.
AB1-CSA1, s. 24
13Section
24. 20.505 (1) (br) of the statutes is amended to read:
AB1-CSA1,9,214
20.505
(1) (br)
Appropriation obligations repayment; unfunded liabilities
15under the Wisconsin Retirement System. The amounts in the schedule to pay debt
16service costs due in the current fiscal year on appropriation obligations issued under
17s. 16.527
for the purpose under s. 16.527 (3) (b) 1., to make payments of the state
18under agreements and ancillary arrangements entered into under s. 16.527 (4) (e),
1to make deposits into reserve funds created under s. 16.527 (3) (b) 3., and to pay
2related issuance or administrative expenses.
AB1-CSA1, s. 25
3Section
25. 20.505 (1) (iq) of the statutes is amended to read:
AB1-CSA1,9,164
20.505
(1) (iq)
Appropriation obligation proceeds; unfunded liabilities under
5the Wisconsin Retirement System. All moneys received from the sale of appropriation
6obligations that are issued under s. 16.527
for the purpose under s. 16.527 (3) (b) 1.,
7and any earnings on such moneys and on any other moneys held for the purpose of
8this paragraph, to pay part or all of the state's unfunded prior service liability under
9s. 40.05 (2) (b) and the state's unfunded liability under s. 40.05 (4) (b), (bc), and (bw)
10and subch. IX of ch. 40, as determined by the department of administration, and to
11provide for reserves and for expenses of issuance and administration of the
12appropriation obligations, and to pay interest on the appropriation obligations, the
13redemption price of refunded appropriation obligations and any related obligations
14incurred under agreements entered into under s. 16.527 (4) (e), as determined by the
15department of administration. Estimated disbursements under this paragraph
16shall not be included in the schedule under s. 20.005.
AB1-CSA1, s. 26
17Section
26. 20.505 (1) (iw) of the statutes is created to read:
AB1-CSA1,9,2518
20.505
(1) (iw)
Appropriation obligation proceeds; tobacco settlement revenues. 19All moneys received from the sale of appropriation obligations that are issued under
20s. 16.527 for the purpose under s.16.527 (3) (c) 1., and any earnings on such moneys
21and on any other moneys held for the purpose of this paragraph, to purchase any of
22the tobacco settlement revenues that had been sold by the secretary under s. 16.63,
23as determined by the department of administration, and to provide for reserves and
24for expenses of issuance and administration of the appropriation obligations, and to
25pay interest on the appropriation obligations, the redemption price of refunded
1appropriation obligations and any related obligations incurred under agreements
2entered into under s. 16.527 (4) (e), as determined by the department of
3administration. Estimated disbursements under this paragraph shall not be
4included in the schedule under s. 20.005.
AB1-CSA1, s. 31
9Section
31. 20.835 (1) (d) of the statutes is amended to read:
AB1-CSA1,10,1310
20.835
(1) (d)
Shared revenue account. A sum sufficient to meet the
11requirements of the shared revenue account established under s. 79.01 (2) to provide
12for the distributions from the shared revenue account to counties, towns, villages and
13cities under ss. 79.03, 79.04 (1) to
(4) (4m), and 79.06.
AB1-CSA1, s. 32
14Section
32. 20.866 (2) (uur) of the statutes is amended to read:
AB1-CSA1,10,2015
20.866
(2) (uur)
Transportation; state highway rehabilitation projects. From
16the capital improvement fund, a sum sufficient for the department of transportation
17to fund state highway rehabilitation projects, as provided under s. 84.95. The state
18may contract public debt in an amount not to exceed $250,000,000 for this purpose.
19In addition, the state may contract public debt in an amount not to exceed $50 million
20for this purpose.
AB1-CSA1,10,24
2223.225 Invasive fish species. (1) In this section, "invasive fish species"
23means a species of fish that is not native to the waters of this state and that causes,
24or is likely to cause, harm to the economy, to the environment, or to human health.
AB1-CSA1,11,3
1(2) No person may possess, release, control, store, sell, or transport any fish,
2or viable fish eggs, that are of an invasive fish species if the person knows, or should
3know, that the fish or the eggs are of an invasive fish species.
AB1-CSA1,11,4
4(3) The prohibitions under sub. (2) do not apply to any of the following:
AB1-CSA1,11,55
(a) A person who holds a scientific collector permit under s. 29.614.
AB1-CSA1,11,66
(b) A person who holds a permit to import fish under s. 29.735.
AB1-CSA1,11,77
(c) A person who holds a permit to introduce, plant, or stock fish under s. 29.736.
AB1-CSA1,11,88
(e) A person who operates a state or municipal fish hatchery.
AB1-CSA1,11,119
(f) A person who is authorized by the department to possess, release, control,
10sell, or transport fish or fish eggs for scientific or educational purposes or for the
11purpose of controlling the population of fish that are of an invasive fish species.
AB1-CSA1,11,1312
(g) A person who, while lawfully fishing, inadvertently catches a fish that is of
13an invasive fish species.
AB1-CSA1,11,15
14(4) The department shall promulgate rules specifying fish that are of an
15invasive fish species for purposes of this section and the requirements for sub. (3) (g).
AB1-CSA1,11,16
16(5) Any person who violates sub. (2) shall forfeit not more than $1,000.