2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 75
May 28, 2009 - Offered by Joint Committee on Finance.
1An Act relating to: state finances and appropriations, constituting the
2executive budget act of the 2009 legislature.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
(d) Prior to making any detailed statement, the responsible official 5
shall consult with and obtain the comments of any agency which has jurisdiction or 6
special expertise with respect to any environmental impact involved. Copies of such 7
statement and the comments and views of the appropriate agencies, which are 8
authorized to develop and enforce environmental standards shall be made available 9
to the governor, the department of natural resources and to the public. Every 10
proposal other than for legislation shall receive a public hearing before a final 11
decision is made. Holding a public hearing as required by another statute fulfills this 12
section. If no public hearing is otherwise required, the responsible agency shall hold
the hearing in the area affected. Notice of the hearing shall be given by publishing 2
a class 1 notice, under ch. 985, at least 15 days prior to the hearing in a newspaper 3
covering the affected area. If the proposal has statewide significance, notice shall be 4
published in the official state newspaper on the agency's Web site for a reasonable
5period of time
AB75-ASA1, s. 1k
5.05 (2m) (d) 1. of the statutes is amended to read:
(d) 1. No individual who serves as the legal counsel to the board or 8
as a division administrator for the board may have been a lobbyist, as defined in s. 9
13.62 (11). No such individual may have served in, or have been a candidate, as
10defined in s. 11.01 (1), for,
a partisan state or local office.
5.68 (4) Except as provided under sub. (7), the The
cost of compensation of 13
election officials and trainees shall be borne in the manner provided in s. 7.03.
Any municipality that maintained polling hours beginning later than 16
7 a.m. prior to April 29, 2006, and that incurs additional costs to adjust its polling 17
hours to begin at 7 a.m. at any election held after April 29, 2006,
and before June 30,
may file a claim with the board for reimbursement of those costs. The claim 19
shall be accompanied by appropriate substantiation of all costs incurred. The board 20
shall audit the claim and, if the board finds that the costs have been incurred by the 21
municipality, and the costs would not have been incurred but for the requirement to 22
open polling places at 7 a.m., the board shall reimburse the municipality for those 23
costs. No claim is payable under this subsection unless the claim is filed with the 24
board, together with appropriate substantiation, within 60 days following the date 25
on which the costs are incurred.
AB75-ASA1, s. 2m
5.68 (7) of the statutes, as affected by 2009 Wisconsin Act .... (this 2
act), is repealed.
7.08 (11) Coordination with and assistance to local officials.
Allocate and 5
assign sufficient members of its staff to coordinate their activities with local election 6
officials and maintain their availability to respond to inquiries from local election 7
officials for each statewide election and each recount in progress.
AB75-ASA1, s. 3
7.33 (1) (c) of the statutes is amended to read:
(c) "State agency" has the meaning given under s. 20.001 (1) and 10
includes an authority created under subch. II of ch. 114 or ch. 52,
231, 232, 233, 234, 11
Except as otherwise provided in this subsection, each local 14
governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon 15
proper application under sub. (3), permit each of its employees to serve as an election 16
official under s. 7.30 without loss of fringe benefits or seniority privileges earned for 17
scheduled working hours during the period specified in sub. (3), without loss of pay 18
for scheduled working hours during the period specified in sub. (3) except as provided 19
in sub. (5), and without any other penalty. For employees who are included in a 20
collective bargaining unit for which a representative is recognized or certified under 21
subch. V or VI
of ch. 111, this subsection shall apply unless otherwise provided in a 22
collective bargaining agreement.
AB75-ASA1, s. 5
13.101 (6) (a) of the statutes is amended to read:
(a) As an emergency measure necessitated by decreased state 25
revenues and to prevent the necessity for a state tax on general property, the
committee may reduce any appropriation made to any board, commission, 2
department, or the University of Wisconsin System, or to any other state agency or 3
activity, by such amount as it deems feasible, not exceeding 25% of the 4
appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and 5
(cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (af), 6
(aq), (ar), and (au), 20.435 (6) (7)
(a) and (7)
(da), and 20.437 (2) (a) and (dz) or for 7
forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, 8
city, village, town, or school district. Appropriations of receipts and of a sum 9
sufficient shall for the purposes of this section be regarded as equivalent to the 10
amounts expended under such appropriations in the prior fiscal year which ended 11
June 30. All functions of said state agencies shall be continued in an efficient 12
manner, but because of the uncertainties of the existing situation no public funds 13
should be expended or obligations incurred unless there shall be adequate revenues 14
to meet the expenditures therefor. For such reason the committee may make 15
reductions of such appropriations as in its judgment will secure sound financial 16
operations of the administration for said state agencies and at the same time 17
interfere least with their services and activities.
AB75-ASA1, s. 5g
13.101 (6) (b) of the statutes is amended to read:
(b) No reduction in any such appropriation may be made under 20
authority of this section until an opportunity to be heard is given, in writing or 21
through publication in the official state paper on the committee's Web site for a
22reasonable period of time
, to the state agency to which such appropriation is made. 23
Notice of any reduction in appropriations shall be communicated to the state agency 24
affected, and to the department of administration. Thereafter, the secretary of
administration shall not release and shall not draw a warrant in payment of any 2
amount exceeding the reduced appropriations.
13.111 (2) Duties.
The joint committee on employment relations shall perform 5
the functions assigned to it under subch. subchs.
V and VI
of ch. 111, subch. II of ch. 6
230 and ss. 16.53 (1) (d) 1., 20.916, 20.917, 20.923 and 40.05 (1) (b).
In this section, "agency" means an office, department, agency, 9
institution of higher education, association, society, or other body in state 10
government created or authorized to be created by the constitution or any law, that 11
is entitled to expend moneys appropriated by law, including the legislature and the 12
courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in 13
231, 233, 234, or 279.
AB75-ASA1, s. 11
13.40 (2) (intro.) of the statutes is amended to read:
(intro.) Except as provided in subs. sub.
(3) and (3m)
, the amount 16
appropriated from general purpose revenue for each fiscal biennium, excluding any 17
amount under an appropriation specified in sub. (3) (a) to (i), as determined under 18
sub. (4), may not exceed the sum of:
AB75-ASA1, s. 12
13.40 (3) (k) of the statutes is created to read:
(k) An appropriation under s. 20.505 (1) (bq).
AB75-ASA1, s. 16
13.48 (13) (a) of the statutes is amended to read:
(a) Except as provided in par. (b) or (c), every building, structure or 23
facility that is constructed for the benefit of or use of the state, any state agency, 24
board, commission or department, the University of Wisconsin Hospitals and Clinics 25
Authority, the Fox River Navigational System Authority, the Wisconsin Quality
1Home Care Authority,
or any local professional baseball park district created under 2
subch. III of ch. 229 if the construction is undertaken by the department of 3
administration on behalf of the district, shall be in compliance with all applicable 4
state laws, rules, codes and regulations but the construction is not subject to the 5
ordinances or regulations of the municipality in which the construction takes place 6
except zoning, including without limitation because of enumeration ordinances or 7
regulations relating to materials used, permits, supervision of construction or 8
installation, payment of permit fees, or other restrictions.
AB75-ASA1, s. 17
13.48 (14) (a) of the statutes is amended to read:
(a) In this subsection, "agency" has the meaning given for "state 11
agency" in s. 20.001 (1), except that during the period prior to July 1, 2007, and the
period beginning on October 27, 2007, and ending on June 30, 2009,
and the period
13beginning on the effective date of this paragraph .... [LRB inserts date],
the term does 14
not include the Board of Regents of the University of Wisconsin System.
13.48 (25s) Milwaukee initiative.
There is created a program, to be known as 17
the Milwaukee initiative, for the purpose of providing financial support to attract 18
federal and private funds to construct research and academic facilities to spur 19
science education and research activities at the University of Wisconsin-Milwaukee. 20
Projects financed under the program shall be designed to provide engineering, 21
science, freshwater science and health education and research facilities, ancillary 22
systems, and supporting infrastructure. Projects shall be financed from the 23
appropriation account under s. 20.866 (2) (s) or as otherwise provided in the 24
authorized state building program, except that total funding commitments shall not 25
exceed $240,000,000, with up to $123,410,000 in general fund supported borrowing;
$55,590,000 in program revenue supported borrowing; $60,000,000 in funding from 2
gifts, grants, and receipts; and $1,000,000 in funding from moneys in the state 3
building trust fund.
13.48 (39) AIDS Network, Inc.
(a) The legislature finds and determines that 6
providing comprehensive care and prevention services for individuals with human 7
immunodeficiency virus or acquired immunodeficiency syndrome and related 8
illnesses, including core and support services facilitating the enhanced well-being 9
and quality of life of affected individuals, is necessary for preserving public health 10
in Wisconsin. It is therefore in the public interest, and it is the public policy of this 11
state, to assist the AIDS Network, Inc., in the construction and renovation of 12
facilities and purchase of equipment for providing such care and prevention services.
(b) The building commission may authorize up to $300,000 in general fund 14
supported borrowing to aid in the construction and renovation of facilities and 15
purchase of equipment for the AIDS Network, Inc. The state funding commitment 16
shall be in the form of a grant to the AIDS Network, Inc. Before approving any state 17
funding commitment under this paragraph, the building commission shall 18
determine that the AIDS Network, Inc., has secured additional cash or goods from 19
nonstate persons for the project.
(c) If the building commission authorizes a grant to the AIDS Network, Inc., 21
under par. (b) and if, for any reason, the facility that is constructed or renovated with 22
funds from the grant, or the equipment that is purchased, is not used for providing 23
comprehensive care and prevention services for individuals with human 24
immunodeficiency virus or acquired immunodeficiency syndrome and related
illnesses, the state shall retain an ownership interest in the facility and equipment 2
equal to the amount of the state's grant.
13.48 (39c) Grand Opera House in Oshkosh.
(a) The legislature finds and 5
determines that public support for the performing and cultural arts contributes to 6
the education, enjoyment, and quality of life of Wisconsin residents. It is therefore 7
in the public interest, and it is the public policy of this state, to assist the city of 8
Oshkosh in the repair and restoration of the Grand Opera House.
(b) The building commission may authorize up to $500,000 in general fund 10
supported borrowing to aid in the repair and restoration of the Grand Opera House 11
in Oshkosh. The state funding commitment shall be in the form of a grant to the city 12
of Oshkosh. Before approving any state funding commitment under this paragraph, 13
the building commission shall determine that the city of Oshkosh has secured at 14
least $1,000,000 in additional funding from nonstate donations for the project.
(c) If the building commission authorizes a grant to the city of Oshkosh under 16
par. (b) and if, for any reason, the facility that is repaired and restored with funds 17
from the grant is not used as a venue for the performing and cultural arts, the state 18
shall retain an ownership interest in the facility equal to the amount of the state's 19
13.48 (39d) Aldo Leopold climate change classroom and interactive
(a) The legislature finds and determines that studying the environment 23
and connecting children and their families to the outdoors enhances the quality of 24
life in Wisconsin. It is therefore in the public interest, and it is the public policy of
this state, to assist the Aldo Leopold Nature Center, Inc., in the construction of a 2
climate change classroom and interactive laboratory.