Amendment ASA1-SB40

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2007 SENATE BILL 40

July 10, 2007 - Offered by Representative Huebsch.

SB40-ASA1,1,2 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:

SB40-ASA1, s. 1b Section 1b. 5.05 (5s) (c) of the statutes, as affected by 2007 Wisconsin Act 1, is amended to read:

SB40-ASA1,1,8 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).

SB40-ASA1, s. 1m Section 1m. 6.47 (1) (ag) of the statutes is amended to read:

SB40-ASA1,2,2 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).

SB40-ASA1, s. 1 Section 1. 7.08 (10) of the statutes is amended to read:

SB40-ASA1,2,7 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.

SB40-ASA1, s. 3d Section 3d. 10.53 (title) of the statutes is amended to read:

SB40-ASA1,2,9 10.53 (title) Revisor Legislative reference bureau to correct listings.

SB40-ASA1, s. 3h Section 3h. 10.53 (1g) of the statutes is amended to read:

SB40-ASA1,2,16 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.

SB40-ASA1, s. 3p Section 3p. 10.53 (1r) of the statutes is amended to read:

SB40-ASA1,2,20 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.

SB40-ASA1, s. 3t Section 3t. 10.53 (2) and (3) of the statutes are amended to read:

SB40-ASA1,2,25 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.

SB40-ASA1,3,5 (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.

SB40-ASA1, s. 3w Section 3w. 13.094 of the statutes is repealed.

SB40-ASA1, s. 2 Section 2. 13.101 (6) (a) of the statutes is amended to read:

SB40-ASA1,4,2 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) (vr), 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) (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.

SB40-ASA1, s. 3 Section 3 . 13.101 (6) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,4,23 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 (vr), 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.

SB40-ASA1, s. 7b Section 7b. 13.172 (1) of the statutes is amended to read:

SB40-ASA1,5,6 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.

SB40-ASA1, s. 4 Section 4. 13.48 (14) (a) of the statutes is amended to read:

SB40-ASA1,5,12 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.

SB40-ASA1, s. 9c Section 9c. 13.48 (31) (a) of the statutes is amended to read:

SB40-ASA1,5,23 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.

SB40-ASA1, s. 9e Section 9e. 13.48 (31) (b) of the statutes is amended to read:

SB40-ASA1,6,11 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.

SB40-ASA1, s. 9h Section 9h. 13.48 (31) (c) (intro.) of the statutes is amended to read:

SB40-ASA1,6,16 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:

SB40-ASA1, s. 9n Section 9n. 13.48 (31) (d) of the statutes is amended to read:

SB40-ASA1,6,25 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.

SB40-ASA1, s. 9p Section 9p. 13.53 (2) (intro.) of the statutes is amended to read:

SB40-ASA1,7,9 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. 16.971 (2) (Lg) and 16.973 (10) to (14) and s. 36.59. The joint legislative audit committee may:

SB40-ASA1, s. 9q Section 9q. 13.55 (1) (a) 1. (intro.) of the statutes is amended to read:

SB40-ASA1,7,14 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:

SB40-ASA1, s. 9r Section 9r. 13.55 (1) (a) 1. c. of the statutes is repealed.

SB40-ASA1, s. 10b Section 10b. 13.62 (2) of the statutes is amended to read:

SB40-ASA1,7,21 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.

SB40-ASA1, s. 5 Section 5. 13.63 (1) (am) of the statutes is amended to read:

SB40-ASA1,8,4 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.

SB40-ASA1, s. 6 Section 6. 13.63 (1) (b) of the statutes is amended to read:

SB40-ASA1,8,22 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.

SB40-ASA1, s. 7 Section 7. 13.64 (2) of the statutes is amended to read:

SB40-ASA1,9,17 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.

SB40-ASA1, s. 8 Section 8. 13.64 (2m) of the statutes is amended to read:

SB40-ASA1,9,25 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.

SB40-ASA1, s. 14d Section 14d. 13.83 (1) (c) 1. of the statutes is amended to read:

SB40-ASA1,10,4 13.83 (1) (c) 1. Consider decisions and opinions referred to it by the revisor of statutes legislative reference bureau under s. 13.93 (2) (d) 13.92 (2) (j) to determine whether revisions are needed in the statutes or session laws.

SB40-ASA1, s. 14h Section 14h. 13.83 (1) (c) 2. of the statutes is amended to read:

SB40-ASA1,10,7 13.83 (1) (c) 2. Consider bills referred to it by the revisor of statutes legislative reference bureau under s. 13.93 (2) (j) 13.92 (2) (L).

SB40-ASA1, s. 14p Section 14p. 13.83 (1) (c) 3. of the statutes is amended to read:

SB40-ASA1,10,10 13.83 (1) (c) 3. Consider bills referred to it by the revisor of statutes legislative reference bureau under s. 13.93 (1) and (2) (c) 13.92 (1) (bm) and (2) (i).

SB40-ASA1, s. 14t Section 14t. 13.83 (1) (g) 3. of the statutes is amended to read:

SB40-ASA1,10,14 13.83 (1) (g) 3. Supply the revisor of statutes legislative reference bureau with the texts of and information relating to the parties to interstate agreements to which this state is a party.

SB40-ASA1, s. 9 Section 9. 13.83 (3) (f) (intro.) of the statutes is amended to read:

SB40-ASA1,10,17 13.83 (3) (f) (intro.) The special committee shall be assisted by a technical advisory committee composed of 7 8 members representing the following:

SB40-ASA1, s. 10 Section 10. 13.83 (3) (f) 2m. of the statutes is created to read:

SB40-ASA1,10,19 13.83 (3) (f) 2m. The department of children and families.

SB40-ASA1, s. 11 Section 11. 13.83 (4) (a) 9. of the statutes is repealed.

SB40-ASA1, s. 17a Section 17a. 13.83 (4) (am) of the statutes is created to read:

SB40-ASA1,10,24 13.83 (4) (am) The special committee shall advise the department of children and families regarding the administration of the programs administered by that department.

SB40-ASA1, s. 17be Section 17be. 13.90 (1) (intro.) of the statutes is amended to read:

SB40-ASA1,11,4 13.90 (1) (intro.) The joint committee on legislative organization shall be the policy-making board for the legislative reference bureau, the revisor of statutes bureau, the legislative fiscal bureau, the legislative audit bureau and the legislative technology services bureau. The committee shall:

SB40-ASA1, s. 17br Section 17br. 13.90 (1m) (a) of the statutes is amended to read:

SB40-ASA1,11,9 13.90 (1m) (a) In this subsection, "legislative service agency" means the legislative council staff, the legislative audit bureau, the legislative fiscal bureau, the legislative reference bureau, the revisor of statutes bureau and the legislative technology services bureau.

SB40-ASA1, s. 17dr Section 17dr. 13.92 (1) (b) 5. of the statutes is amended to read:

SB40-ASA1,11,13 13.92 (1) (b) 5. In cooperation with the revisor of statutes, prepare Prepare a biennial list of numerical cross-references in the statutes to other parts of the statutes.

SB40-ASA1, s. 17fe Section 17fe. 13.92 (2) (g) of the statutes is repealed.

SB40-ASA1, s. 17fh Section 17fh. 13.92 (3) of the statutes is renumbered 13.92 (3) (a).

SB40-ASA1, s. 17fm Section 17fm. 13.92 (3) (b) of the statutes is created to read:

SB40-ASA1,12,4 13.92 (3) (b) Notwithstanding s. 230.08 (2) (fc), those employees holding positions in the classified service at the revisor of statutes bureau on the effective date of this paragraph .... [revisor inserts date], who have achieved permanent status in class before that date, if they become employed by the legislative reference bureau under 2007 Wisconsin Act .... (this act), section 9130 (1f) (d) 1. or 2., shall retain, while serving in the unclassified service at the legislative reference bureau, those protections afforded employees in the classified service under ss. 230.34 (1) (a) and 230.44 (1) (c) relating to demotion, suspension, discharge, layoff, or reduction in base pay. Each such employee shall also have reinstatement privileges to the classified service as provided under s. 230.31 (1) and any other reinstatement privileges or restoration rights provided under an applicable collective bargaining agreement under subch. V of ch. 111 covering the employee on the effective date of this paragraph .... [revisor inserts date].

SB40-ASA1, s. 17fr Section 17fr. 13.93 (intro.) of the statutes is repealed.

SB40-ASA1, s. 17he Section 17he. 13.93 (1) of the statutes is renumbered 13.92 (1) (bm), and 13.92 (1) (bm) (intro.), 2. and 13. (intro.), as renumbered, are amended to read:

SB40-ASA1,12,10 13.92 (1) (bm) Duties of the bureau Revision of statutes. (intro.) The revisor of statutes legislative reference bureau shall prepare copy for the biennial Wisconsin statutes, and for this purpose it:

SB40-ASA1,12,15 2. May renumber any chapter or section of the statutes for the purpose of revision, and shall change reference numbers to agree with any renumbered chapter or section. Where the term "preceding section" or similar expressions are used in the statutes the revisor of statutes bureau may change the same by inserting the proper section or chapter reference.

SB40-ASA1,12,19 13. (intro.) Shall, whenever any statute is affected by any act of the legislature, and may, at the revisor's bureau's discretion, ensure that the statutory language does not discriminate on the basis of sex by making the following corrections, which shall have no substantive effect:

SB40-ASA1, s. 17hr Section 17hr. 13.93 (1m) of the statutes is repealed.

SB40-ASA1, s. 17je Section 17je. 13.93 (2) (intro.) of the statutes is repealed.

SB40-ASA1, s. 17jr Section 17jr. 13.93 (2) (a) of the statutes is repealed.

SB40-ASA1, s. 17Le Section 17Le. 13.93 (2) (b) of the statutes is repealed.

SB40-ASA1, s. 17Lr Section 17Lr. 13.93 (2) (c) of the statutes is renumbered 13.92 (2) (i) and amended to read:

SB40-ASA1,13,9 13.92 (2) (i) Serve as editor of the biennial Wisconsin statutes. In preparing each edition, if 2 or more acts of a legislative session affect the same statutory unit without taking cognizance of the effect thereon of the other acts and if the revisor chief finds that there is no mutual inconsistency in the changes made by each such act, the revisor chief shall incorporate the changes made by each act into the text of the statutory unit and document the incorporation in a note to the section. For each such incorporation, the revisor chief shall include in a correction bill a provision formally validating the incorporation. Section 990.07 is not affected by printing decisions made by the revisor chief under this paragraph.

SB40-ASA1, s. 17ne Section 17ne. 13.93 (2) (d) of the statutes is renumbered 13.92 (2) (j).