2009 - 2010 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 75
June 15, 2009 - Offered by Senators
Decker, Miller and
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
section. If no public hearing is otherwise required, the responsible agency shall hold 2
the hearing in the area affected. Notice of the hearing shall be given by publishing 3
a class 1 notice, under ch. 985, at least 15 days prior to the hearing in a newspaper 4
covering the affected area. If the proposal has statewide significance, notice shall be 5
published in the official state newspaper on the agency's Web site for a reasonable
6period of time
AB75-SSA1, 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 9
as a division administrator for the board may have been a lobbyist, as defined in s. 10
13.62 (11). No such individual may have served in, or have been a candidate, as
11defined 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 14
election officials and trainees shall be borne in the manner provided in s. 7.03.
Any municipality that maintained polling hours beginning later than 17
7 a.m. prior to April 29, 2006, and that incurs additional costs to adjust its polling 18
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 20
shall be accompanied by appropriate substantiation of all costs incurred. The board 21
shall audit the claim and, if the board finds that the costs have been incurred by the 22
municipality, and the costs would not have been incurred but for the requirement to 23
open polling places at 7 a.m., the board shall reimburse the municipality for those 24
costs. No claim is payable under this subsection unless the claim is filed with the
board, together with appropriate substantiation, within 60 days following the date 2
on which the costs are incurred.
AB75-SSA1, s. 2m
5.68 (7) of the statutes, as affected by 2009 Wisconsin Act .... (this 4
act), is repealed.
7.08 (11) Coordination with and assistance to local officials.
Allocate and 7
assign sufficient members of its staff to coordinate their activities with local election 8
officials and maintain their availability to respond to inquiries from local election 9
officials for each statewide election and each recount in progress.
AB75-SSA1, 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 12
includes an authority created under subch. II of ch. 114 or ch. 52,
231, 232, 233, 234, 13
Except as otherwise provided in this subsection, each local 16
governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon 17
proper application under sub. (3), permit each of its employees to serve as an election 18
official under s. 7.30 without loss of fringe benefits or seniority privileges earned for 19
scheduled working hours during the period specified in sub. (3), without loss of pay 20
for scheduled working hours during the period specified in sub. (3) except as provided 21
in sub. (5), and without any other penalty. For employees who are included in a 22
collective bargaining unit for which a representative is recognized or certified under 23
subch. V or VI
of ch. 111, this subsection shall apply unless otherwise provided in a 24
collective bargaining agreement.
AB75-SSA1, s. 5
13.101 (6) (a) of the statutes is amended to read:
(a) As an emergency measure necessitated by decreased state 2
revenues and to prevent the necessity for a state tax on general property, the 3
committee may reduce any appropriation made to any board, commission, 4
department, or the University of Wisconsin System, or to any other state agency or 5
activity, by such amount as it deems feasible, not exceeding 25% of the 6
appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and 7
(cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (af), 8
(aq), (ar), and (au), 20.435 (6) (7)
(a) and (7)
(da), and 20.437 (2) (a) and (dz) or for 9
forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, 10
city, village, town, or school district. Appropriations of receipts and of a sum 11
sufficient shall for the purposes of this section be regarded as equivalent to the 12
amounts expended under such appropriations in the prior fiscal year which ended 13
June 30. All functions of said state agencies shall be continued in an efficient 14
manner, but because of the uncertainties of the existing situation no public funds 15
should be expended or obligations incurred unless there shall be adequate revenues 16
to meet the expenditures therefor. For such reason the committee may make 17
reductions of such appropriations as in its judgment will secure sound financial 18
operations of the administration for said state agencies and at the same time 19
interfere least with their services and activities.
AB75-SSA1, s. 5g
13.101 (6) (b) of the statutes is amended to read:
(b) No reduction in any such appropriation may be made under 22
authority of this section until an opportunity to be heard is given, in writing or 23
through publication in the official state paper on the committee's Web site for a
24reasonable period of time
, to the state agency to which such appropriation is made. 25
Notice of any reduction in appropriations shall be communicated to the state agency
affected, and to the department of administration. Thereafter, the secretary of 2
administration shall not release and shall not draw a warrant in payment of any 3
amount exceeding the reduced appropriations.
13.111 (2) Duties.
The joint committee on employment relations shall perform 6
the functions assigned to it under subch. subchs.
V and VI
of ch. 111, subch. II of ch. 7
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, 10
institution of higher education, association, society, or other body in state 11
government created or authorized to be created by the constitution or any law, that 12
is entitled to expend moneys appropriated by law, including the legislature and the 13
courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in 14
231, 233, 234, or 279.
AB75-SSA1, 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 17
appropriated from general purpose revenue for each fiscal biennium, excluding any 18
amount under an appropriation specified in sub. (3) (a) to (i), as determined under 19
sub. (4), may not exceed the sum of:
AB75-SSA1, s. 12
13.40 (3) (k) of the statutes is created to read:
(k) An appropriation under s. 20.505 (1) (bq).
AB75-SSA1, 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 24
facility that is constructed for the benefit of or use of the state, any state agency, 25
board, commission or department, the University of Wisconsin Hospitals and Clinics
Authority, the Fox River Navigational System Authority, the Wisconsin Quality
2Home Care Authority,
or any local professional baseball park district created under 3
subch. III of ch. 229 if the construction is undertaken by the department of 4
administration on behalf of the district, shall be in compliance with all applicable 5
state laws, rules, codes and regulations but the construction is not subject to the 6
ordinances or regulations of the municipality in which the construction takes place 7
except zoning, including without limitation because of enumeration ordinances or 8
regulations relating to materials used, permits, supervision of construction or 9
installation, payment of permit fees, or other restrictions.
AB75-SSA1, s. 17
13.48 (14) (a) of the statutes is amended to read:
(a) In this subsection, "agency" has the meaning given for "state 12
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
14beginning on the effective date of this paragraph .... [LRB inserts date],
the term does 15
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 18
the Milwaukee initiative, for the purpose of providing financial support to attract 19
federal and private funds to construct research and academic facilities to spur 20
science education and research activities at the University of Wisconsin-Milwaukee. 21
Projects financed under the program shall be designed to provide engineering, 22
science, freshwater science and health education and research facilities, ancillary 23
systems, and supporting infrastructure. Projects shall be financed from the 24
appropriation account under s. 20.866 (2) (s) or as otherwise provided in the 25
authorized state building program, except that total funding commitments shall not
exceed $240,000,000, with up to $123,410,000 in general fund supported borrowing; 2
$55,590,000 in program revenue supported borrowing; $60,000,000 in funding from 3
gifts, grants, and receipts; and $1,000,000 in funding from moneys in the state 4
building trust fund.
13.48 (39) AIDS Network, Inc.
(a) The legislature finds and determines that 7
providing comprehensive care and prevention services for individuals with human 8
immunodeficiency virus or acquired immunodeficiency syndrome and related 9
illnesses, including core and support services facilitating the enhanced well-being 10
and quality of life of affected individuals, is necessary for preserving public health 11
in Wisconsin. It is therefore in the public interest, and it is the public policy of this 12
state, to assist the AIDS Network, Inc., in the construction and renovation of 13
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 15
supported borrowing to aid in the construction and renovation of facilities and 16
purchase of equipment for the AIDS Network, Inc. The state funding commitment 17
shall be in the form of a grant to the AIDS Network, Inc. Before approving any state 18
funding commitment under this paragraph, the building commission shall 19
determine that the AIDS Network, Inc., has secured additional cash or goods from 20
nonstate persons for the project.
(c) If the building commission authorizes a grant to the AIDS Network, Inc., 22
under par. (b) and if, for any reason, the facility that is constructed or renovated with 23
funds from the grant, or the equipment that is purchased, is not used for providing 24
comprehensive care and prevention services for individuals with human 25
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.
(b) The building commission may authorize up to $500,000 in general fund 4
supported borrowing to aid in the construction of a climate change classroom and 5
interactive laboratory that will border the cities of Madison and Monona. The state 6
funding commitment shall be in the form of a grant to the Aldo Leopold Nature 7
Center, Inc. Before approving any state funding commitment under this paragraph, 8
the building commission shall determine that the Aldo Leopold Nature Center, Inc., 9
has secured at least $2,200,000 in additional funding from nonstate donations for the 10