Amendment CSA1-SB40

SB40-CSA1, s. 57 Section 57. 15.197 (24) (a) 3. of the statutes is renumbered 15.207 (24) (a) 3.

SB40-CSA1, s. 58 Section 58. 15.197 (24) (a) 4. of the statutes is renumbered 15.207 (24) (a) 4.

SB40-CSA1, s. 59 Section 59. 15.197 (24) (a) 5. of the statutes is renumbered 15.207 (24) (a) 5.

SB40-CSA1, s. 60 Section 60. 15.197 (24) (a) 6. of the statutes is renumbered 15.207 (24) (a) 6.

SB40-CSA1, s. 61 Section 61. 15.197 (24) (a) 7. of the statutes is renumbered 15.207 (24) (a) 7.

SB40-CSA1, s. 62 Section 62. 15.197 (24) (b) of the statutes is renumbered 15.207 (24) (b).

SB40-CSA1, s. 63 Section 63. 15.197 (24) (c) of the statutes is renumbered 15.207 (24) (c).

SB40-CSA1, s. 64 Section 64. 15.197 (24) (d) of the statutes is renumbered 15.207 (24) (d) and amended to read:

SB40-CSA1,28,4 15.207 (24) (d) If the department of workforce development children and families establishes more than one geographical area in Milwaukee County under s. 49.143 (6), the children's services networks established in Milwaukee County under s. 49.143 (2) (b), in nominating members under par. (a) 7., shall nominate residents of different geographical areas established under s. 49.143 (6) and, when the term of a member appointed under par. (a) 7. ends or if a vacancy occurs in the membership of the council under par. (a) 7., those children's services networks shall nominate a resident of a different geographical area established under s. 49.143 (6) from the geographical area of the member who is being replaced according to a rotating order of succession determined by the children's services networks.

SB40-CSA1, s. 65 Section 65. 15.20 of the statutes is created to read:

SB40-CSA1,28,8 15.20 Department of children and families; creation. There is created a department of children and families under the direction and supervision of the secretary of children and families.

SB40-CSA1, s. 66 Section 66. 15.205 (title) of the statutes is created to read:

SB40-CSA1,28,10 15.205 (title) Same; attached boards.

SB40-CSA1, s. 67 Section 67. 15.207 (title) of the statutes is created to read:

SB40-CSA1,28,12 15.207 (title) Same; councils.

SB40-CSA1, s. 68 Section 68. 15.345 (6) of the statutes is created to read:

SB40-CSA1,28,16 15.345 (6) Managed forest land board. There is created in the department of natural resources a managed forest land board consisting of the chief state forester or his or her designee and the following members appointed for 3-year terms:

SB40-CSA1,28,18 (a) One member appointed from a list of 5 nominees submitted by the Wisconsin Counties Association.

SB40-CSA1,28,20 (b) One member appointed from a list of 5 nominees submitted by the Wisconsin Towns Association.

SB40-CSA1,28,23 (c) One member appointed from a list of 5 nominees submitted by an association that represents the interests of counties that have county forests within their boundaries.

SB40-CSA1,28,25 (d) One member appointed from a list of 5 nominees submitted by the council on forestry.

SB40-CSA1, s. 68k Section 68k. 15.96 (title) of the statutes is amended to read:

SB40-CSA1,29,3 15.96 (title) University of Wisconsin Hospitals and Clinics Board; creation.

SB40-CSA1, s. 68L Section 68L. 15.96 of the statutes is renumbered 15.96 (1), and 15.96 (1) (a) and (am), as renumbered, are amended to read.

SB40-CSA1,29,7 15.96 (1) (a) Three members nominated by the governor, and with the advice and consent of the senate appointed, for 3-year 5-year terms.

SB40-CSA1,29,9 (am) Each cochairperson of the joint committee on finance or a member of the committee legislature designated by that cochairperson.

SB40-CSA1, s. 68m Section 68m. 15.96 (1) (ag) of the statutes is created to read:

SB40-CSA1,29,12 15.96 (1) (ag) Three members nominated by the board and appointed by the governor, with the advice and consent of the senate, for 5-year terms.

SB40-CSA1, s. 68n Section 68n. 15.96 (2) of the statutes is created to read:

SB40-CSA1,29,16 15.96 (2) Eight voting members of the University of Wisconsin Hospitals and Clinics Board constitute a quorum for the purpose of conducting the business and exercising the powers of the board, notwithstanding the existence of a vacancy.

SB40-CSA1, s. 69b Section 69b. 16.002 (2) of the statutes is amended to read:

SB40-CSA1,29,22 16.002 (2) "Departments" means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. II of ch. 114 or subch. III of ch. 149 and in chs. 231, 232, 233, 234, 235, and 237, and 279.

SB40-CSA1, s. 70b Section 70b. 16.004 (4) of the statutes is amended to read:

SB40-CSA1,30,4 16.004 (4) Freedom of access. The secretary and such employees of the department as the secretary designates may enter into the offices of state agencies and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 231, 233, 234, and 237, and 279, and may examine their books and accounts and any other matter that in the secretary's judgment should be examined and may interrogate the agency's employees publicly or privately relative thereto.

SB40-CSA1, s. 71b Section 71b. 16.004 (5) of the statutes is amended to read:

SB40-CSA1,30,10 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 231, 233, 234, and 237, and 279, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.

SB40-CSA1, s. 71p Section 71p. 16.004 (12) (a) of the statutes is amended to read:

SB40-CSA1,30,19 16.004 (12) (a) In this subsection, "state agency" means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, and the Fox River Navigational System Authority.

SB40-CSA1, s. 74 Section 74. 16.009 (2) (p) (intro.) of the statutes is amended to read:

SB40-CSA1,31,6 16.009 (2) (p) (intro.) Contract Employ staff within the classified service or contract with one or more organizations to provide advocacy services to potential or actual recipients of the family care benefit, as defined in s. 46.2805 (4), or their families or guardians. The board and contract organizations under this paragraph shall assist these persons in protecting their rights under all applicable federal statutes and regulations and state statutes and rules. An organization with which the board contracts for these services may not be a provider, nor an affiliate of a provider, of long-term care services, a resource center under s. 46.283 or a care management organization under s. 46.284. For potential or actual recipients of the family care benefit, advocacy services required under this paragraph shall include all of the following:

SB40-CSA1, s. 76b Section 76b. 16.045 (1) (a) of the statutes is amended to read:

SB40-CSA1,31,13 16.045 (1) (a) "Agency" means an office, department, independent 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, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, 235, or 237 , or 279.

SB40-CSA1, s. 76m Section 76m. 16.15 (1) (ab) of the statutes is amended to read:

SB40-CSA1,31,18 16.15 (1) (ab) "Authority" has the meaning given under s. 16.70 (2), but excludes the University of Wisconsin Hospitals and Clinics Authority , the Lower Fox River Remediation Authority, and the Health Insurance Risk-Sharing Plan Authority.

SB40-CSA1, s. 76r Section 76r. 16.19 of the statutes is created to read:

SB40-CSA1,32,2 16.19 Civil legal services for the indigent. Annually, the department shall pay the amount appropriated under s. 20.505 (1) (e) to the Wisconsin Trust Account Foundation, Inc., to provide civil legal services to indigent persons. The Wisconsin Trust Account Foundation, Inc., shall distribute the amount received as grants to programs that provide civil legal services to indigent persons, and those programs may use the grant funds to match other federal and private grants. The grants may be used only for the purposes for which the funding was provided.

SB40-CSA1, s. 77 Section 77. 16.22 (4) of the statutes is created to read:

SB40-CSA1,32,11 16.22 (4) State funding. The department shall annually determine the amount of funding for administrative support of the board that is required for this state to qualify for federal financial assistance to be provided to the board. The department shall apportion that amount equally among the departments of administration, health and family services, public instruction, and workforce development and shall assess those entities for the necessary funding. The department shall credit the moneys received to the appropriation account under s. 20.505 (4) (kb).

SB40-CSA1, s. 78 Section 78. 16.257 of the statutes is created to read:

SB40-CSA1,32,15 16.257 Postsecondary education promotion. For the purpose of promoting attendance at nonprofit postsecondary institutions in this state, the department shall do all of the following:

SB40-CSA1,32,19 (1) Serve as the state's liaison agency between the higher educational aids board, the department of public instruction, the University of Wisconsin System, the technical college system, and other public and private organizations that are interested in promoting postsecondary education in this state.

SB40-CSA1,32,25 (2) (a) Contract with The Wisconsin Covenant Foundation, Inc., if the secretary determines it appropriate, to pay The Wisconsin Covenant Foundation, Inc., an amount not to exceed the amount appropriated under s. 20.505 (4) (bm), to establish and implement a campaign to promote attendance at nonprofit postsecondary educational institutions in this state. Funds may be expended to carry out the contract only as provided in pars. (b) and (c).

SB40-CSA1,33,8 (b) No funds appropriated under s. 20.505 (4) (bm) may be expended until the The Wisconsin Covenant Foundation, Inc., submits to the secretary a report setting forth the amount of private contributions received by The Wisconsin Covenant Foundation, Inc., since the date on which The Wisconsin Covenant Foundation, Inc., last submitted a report under this paragraph. After receiving the report, the secretary may approve the expenditure of funds up to the amount set forth in the report. Total funds expended in any fiscal year may not exceed the amounts in the schedule under s. 20.505 (4) (bm).

SB40-CSA1,33,15 (c) The Wisconsin Covenant Foundation, Inc., shall expend funds appropriated under s. 20.505 (4) (bm) in adherence with the uniform travel schedule amounts approved under s. 20.916 (8). The Wisconsin Covenant Foundation, Inc., may not expend funds appropriated under s. 20.505 (4) (bm) on entertainment, foreign travel, payments to persons not providing goods or services to The Wisconsin Covenant Foundation, Inc., or for other purposes prohibited by contract between The Wisconsin Covenant Foundation, Inc., and the department.

SB40-CSA1,33,18 (3) Coordinate the postsecondary education promotional activities of the department, the persons specified in sub. (1), and The Wisconsin Covenant Foundation, Inc., and prevent duplication of effort in conducting those activities.

SB40-CSA1,33,23 (5) On or before July 1, 2009, and every July 1 thereafter, submit to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), a report on the postsecondary education promotional activities conducted by The Wisconsin Covenant Foundation, Inc., using funds provided under s. 20.505 (4) (bm).

SB40-CSA1, s. 79m Section 79m. 16.40 (24) of the statutes is created to read:

SB40-CSA1,34,4 16.40 (24) Aids for certain local purchases and projects. Provide funding from the appropriation under s. 20.855 (4) (fs) on a one-time basis in the 2007-08 fiscal year for the purposes specified in 2007 Wisconsin Act .... (this act), section 9155 (5a).

SB40-CSA1, s. 79n Section 79n. 16.40 (24) of the statutes, as created by 2007 Wisconsin Act .... (this act), is repealed.

SB40-CSA1, s. 80b Section 80b. 16.41 (4) of the statutes is amended to read:

SB40-CSA1,34,9 16.41 (4) In this section, "authority" means a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 233, 234, or 237, or 279.

SB40-CSA1, s. 81b Section 81b. 16.417 (1) (b) of the statutes is amended to read:

SB40-CSA1,34,12 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 231, 232, 233, 234, 235, or 237, or 279.

SB40-CSA1, s. 85b Section 85b. 16.47 (1) of the statutes is amended to read:

SB40-CSA1,34,21 16.47 (1) Except as provided in s. 16.529 (2) and subject to s. 25.40 (3) (c), the executive budget bill or bills shall incorporate the governor's recommendations for appropriations for the succeeding biennium. The appropriation method shown in the bill or bills shall in no way affect the amount of detail or manner of presentation which may be requested by the joint committee on finance. Appropriation requests may be divided into 3 allotments: personal services, other operating expenses and capital outlay or such other meaningful classifications as may be approved by the joint committee on finance.

SB40-CSA1, s. 85c Section 85c. 16.50 (1) (a) of the statutes is amended to read:

SB40-CSA1,35,10 16.50 (1) (a) Each department except the legislature and the courts shall prepare and submit to the secretary an estimate of the amount of money which it proposes to expend, encumber or distribute under any appropriation in ch. 20. The department of administration shall prepare and submit estimates for expenditures from appropriations under ss. 20.855, 20.865, 20.866 and 20.867. The secretary may waive the submission of estimates of other than administrative expenditures from such funds as he or she determines, but the secretary shall not waive submission of estimates for the appropriations under s. 20.285 (1) (im) and (n) nor for expenditure of any amount designated as a refund of an expenditure under s. 20.001 (5). Estimates shall be prepared in such form, at such times and for such time periods as the secretary requires. Revised Except as provided in par. (c), revised and supplemental estimates may be presented at any time under rules promulgated by the secretary.

SB40-CSA1, s. 85e Section 85e. 16.50 (1) (c) of the statutes is created to read:

SB40-CSA1,35,19 16.50 (1) (c) 1. The department may not approve any revised or supplemental estimate submitted by the department of transportation under par. (a) for any appropriation of federal funds under s. 20.395 unless the department of transportation has submitted a request to revise or supplement the estimate to the joint committee on finance and the request is approved under subd. 2. or the department of transportation has submitted a plan including the revised or supplemental estimate to the joint committee on finance under s. 84.03 (2) (b) 1. and the plan is approved under s. 84.03 (2) (c).

SB40-CSA1,36,3 2. If the department of transportation submits a request under subd. 1. and the cochairpersons of the joint committee on finance do not notify the department of transportation within 14 working days after the date of the submittal that the committee has scheduled a meeting for the purpose of reviewing the request, the request is approved. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department of transportation that the committee has scheduled a meeting for the purpose of reviewing the request, the department of administration may not revise or supplement any estimate specified in the request until it is approved by the committee, as submitted or as modified.

SB40-CSA1, s. 85f Section 85f. 16.50 (6) of the statutes is amended to read:

SB40-CSA1,36,13 16.50 (6) Proportional spending. If the secretary determines that expenditures of general purpose or segregated fund revenues are utilized to match revenues received under s. 16.54 or 20.001 (2) (b) for the purposes of combined program expenditure, the secretary may require that disbursements of the general purpose revenue and corresponding segregated revenue be in direct proportion to the amount of program revenue or corresponding segregated revenue which is available or appropriated in ch. 20 or as condition of a grant or contract. If Subject to sub. (1) (c), if the secretary makes such a determination, the agency shall incorporate the necessary adjustments into the expenditure plans provided for in sub. (1).

SB40-CSA1, s. 86b Section 86b. 16.52 (7) of the statutes is amended to read:

SB40-CSA1,36,25 16.52 (7) Petty cash account. Petty cash account. With the approval of the secretary, each agency that is authorized to maintain a contingent fund under s. 20.920 may establish a petty cash account from its contingent fund. The procedure for operation and maintenance of petty cash accounts and the character of expenditures therefrom shall be prescribed by the secretary. In this subsection, "agency" means an office, department, independent 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, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, or 237, or 279.

SB40-CSA1, s. 86d Section 86d. 16.527 (2) (a) of the statutes is renumbered 16.527 (2) (am).

SB40-CSA1, s. 86h Section 86h. 16.527 (2) (ad) of the statutes is created to read:

SB40-CSA1,37,4 16.527 (2) (ad) "Aggregate expected debt service and net exchange payments" means the sum of the following:

SB40-CSA1,37,6 1. The aggregate net payments expected to be made and received under a specified interest exchange agreement under sub. (4) (e).

SB40-CSA1,37,8 2. The aggregate debt service expected to be made on obligations related to that agreement.

SB40-CSA1,37,11 3. The aggregate net payments expected to be made and received under all other interest exchange agreements under sub. (4) (e) relating to those obligations that are in force at the time of executing the agreement.

SB40-CSA1, s. 87 Section 87. 16.527 (4) (e) of the statutes is amended to read:

SB40-CSA1,37,24 16.527 (4) (e) At Subject to pars. (h) and (i), at the time of, or in anticipation of, contracting for the appropriation obligations and at any time thereafter so long as the appropriation obligations are outstanding, the department may enter into agreements and ancillary arrangements relating to the appropriation obligations, including trust indentures, liquidity facilities, remarketing or dealer agreements, letter of credit agreements, insurance policies, guaranty agreements, reimbursement agreements, indexing agreements, or interest exchange agreements. Any payments made or received pursuant to any such agreement or ancillary arrangement shall be made from or deposited as provided in the agreement or ancillary arrangement. The determination of the department included in an interest exchange agreement that such agreement relates to an appropriation obligation shall be conclusive.

SB40-CSA1, s. 88 Section 88. 16.527 (4) (h) of the statutes is created to read:

SB40-CSA1,38,3 16.527 (4) (h) 1. Subject to subd. 2., the terms and conditions of an interest exchange agreement under par. (e) shall not be structured so that, as of the trade date of the agreement, both of the following are reasonably expected to occur:

SB40-CSA1,38,8 a. The aggregate expected debt service and net exchange payments relating to the agreement during the fiscal year in which the trade date occurs will be less than the aggregate expected debt service and net exchange payments relating to the agreement that would be payable during that fiscal year if the agreement is not executed.

SB40-CSA1,38,12 b. The aggregate expected debt service and net exchange payments relating to the agreement in subsequent fiscal years will be greater than the aggregate expected debt service and net exchange payments relating to the agreement that would be payable in those fiscal years if the agreement is not executed.

SB40-CSA1,38,13 2. Subd. 1. shall not apply if either of the follow occurs:

SB40-CSA1,38,17 a. The department receives a determination by the independent financial consulting firm that the terms and conditions of the agreement reflect payments by the state that represent on-market rates as of the trade date for the particular type of agreement.

SB40-CSA1,38,22 b. The department provides written notice to the joint committee on finance of its intention to enter into an agreement that is reasonably expected to satisfy subd. 1., and the joint committee on finance either approves or disapproves, in writing, the department's entering into the agreement within 14 days of receiving the written notice from the commission.