1997 Wisconsin Act 27

20.923 (4) State agency positions. (intro.) State agency heads, the administrator of the division of merit recruitment and selection in the department of employment relations, commission chairpersons and members and higher education administrative positions shall be identified and limited in number in accordance with the standardized nomenclature contained in this subsection, and shall be assigned to the executive salary groups listed in pars. (a) to (j). Except for positions specified in par. (c) 3m. and sub. (12) and s. 230.08 (2) (e) 6m., all unclassified division administrator positions enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint committee on employment relations, by the secretary of employment relations to one of the 10 executive salary groups listed in pars. (a) to (j). The joint committee on employment relations, by majority vote of the full committee, may amend recommendations for initial position assignments and changes in assignments to the executive salary groups submitted by the secretary of employment relations. All division administrator assignments and amendments to assignments of administrator positions approved by the committee shall become part of the compensation plan. Whenever a new unclassified division administrator position is created, the appointing authority may set the salary for the position until the joint committee on employment relations approves assignment of the position to an executive salary group. If the committee approves assignment of the position to an executive salary group having a salary range minimum or maximum inconsistent with the salary paid to the incumbent at the time of such approval, the incumbent's salary shall be adjusted by the appointing authority to conform with the committee's action, effective on the date of that action. Positions are assigned as follows:

27,750 Section 750 . 20.923 (4) (a) 4q. of the statutes is repealed.

27,751 Section 751 . 20.923 (4) (c) 4. of the statutes is created to read:

20.923 (4) (c) 4. Higher educational aids board: executive secretary.

27,752 Section 752 . 20.923 (4) (e) 1. of the statutes is renumbered 20.923 (4) (e) 1e.

27,753 Section 753 . 20.923 (4) (e) 1b. of the statutes is created to read:

20.923 (4) (e) 1b. Administration, department of; technology for educational achievement in Wisconsin board: executive director.

27,754 Section 754 . 20.923 (4) (e) 2m. of the statutes is repealed.

27,754m Section 754m. 20.923 (4) (e) 5m. of the statutes is created to read:

20.923 (4) (e) 5m. Legislature, integrated legislative information system staff: director.

27,755 Section 755 . 20.923 (4) (g) 1g. of the statutes is repealed.

27,756c Section 756c. 20.923 (4m) of the statutes is repealed and recreated to read:

20.923 (4m) University of Wisconsin System executive positions. (a) The board of regents of the University of Wisconsin System may set the salary of the president of the University of Wisconsin System at any point up to 30% above the maximum dollar value of the salary range for executive salary group 10, based on the competitive market for comparable positions at comparable institutions of higher education.

(b) Notwithstanding the maximum of the salary range established under sub. (4) (j), the board of regents of the University of Wisconsin System may set the salaries of the chancellor of the University of Wisconsin-Madison and the chancellor of the University of Wisconsin-Milwaukee at any point up to 20% above the maximum dollar value of the salary range for executive salary group 10.

(c) The board of regents of the University of Wisconsin System may set the salaries of the vice presidents of the University of Wisconsin System, the chancellors of the University of Wisconsin System campuses at Eau Claire, Green Bay, LaCrosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior and Whitewater, the chancellors of the University of Wisconsin-Center System and the University of Wisconsin-Extension, the vice chancellor for health sciences of the University of Wisconsin-Madison and the vice chancellor who is serving as a deputy at the University of Wisconsin-Madison and the University of Wisconsin-Milwaukee at any point between the minimum dollar value of the salary range for executive salary group 7 and 10% above the maximum dollar value of the salary range for executive salary group 10, to reflect the hierarchical structure of the system, to recognize merit, to permit orderly salary progression and to recognize competitive factors.

(d) The board of regents of the University of Wisconsin System may set the salaries of the vice chancellors who are serving as deputies at the University of Wisconsin-Center System and the University of Wisconsin-Extension and at any University of Wisconsin System campus, other than the University of Wisconsin-Madison and the University of Wisconsin-Milwaukee, at any point between the minimum dollar value of the salary range for executive salary group 7 and the maximum dollar value of the salary range for executive salary group 10, to reflect the hierarchical structure of the system, to recognize merit, to permit orderly salary progression and to recognize competitive factors.

27,757 Section 757 . 20.923 (6) (aL) of the statutes is created to read:

20.923 (6) (aL) Administration, department of: director of Indian gaming, and the attorney appointed under s. 569.015 (2).

27,757d Section 757d. 20.923 (6) (bd) of the statutes is created to read:

20.923 (6) (bd) Health and family services, department of: director of the office of urban development.

27,757m Section 757m. 20.923 (6) (bp) of the statutes is created to read:

20.923 (6) (bp) Integrated legislative information system staff: staff employes.

27,757r Section 757r. 20.923 (6) (m) of the statutes is amended to read:

20.923 (6) (m) University of Wisconsin system: deans, principals, professors, instructors, research assistants, librarians and other teachers, as defined in s. 40.02 (55), and the staff of the environmental education board.

27,757s Section 757s. 20.923 (6) (o) of the statutes is amended to read:

20.923 (6) (o) Wisconsin sesquicentennial commission; staff. This paragraph does not apply after June 30, 1999.

27,758 Section 758. 20.923 (15) of the statutes is amended to read:

20.923 (15) Salary adjustment limitations. (a) An Except as provided in sub. (4m) and except as authorized under s. 36.09 (1) (j) for a position identified in sub. (4) (j), an incumbent of a position that has been assigned to an executive salary group of the compensation plan under this section, whose current salary exceeds the maximum of the salary range to which his or her position's group is assigned, shall remain at his or her current rate of pay while he or she remains employed in that position until the maximum of the salary range to which his or her executive salary group is assigned equals or exceeds his or her current rate of pay.

(b) Except for the positions identified in subs. (4) (j) and (4m), the pay of any incumbent whose salary is subject to a limitation under this section may not equal or exceed that amount paid the governor. The pay of any incumbent in the position of president of the university of Wisconsin system, chancellor of the university of Wisconsin-Madison or chancellor of the university of Wis consin-Milwaukee may not exceed the maximum dollar value of the salary range for the group to which the incumbent's position is assigned.

27,758m Section 758m. 20.924 (1) (a) of the statutes is amended to read:

20.924 (1) (a) Shall authorize the design and construction of any building, structure or facility costing in excess of $250,000 $500,000 regardless of funding source, only if that project is enumerated in the authorized state building program.

27,758s Section 758s. 20.924 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 5, section 3, is amended to read:

20.924 (1) (b) Shall authorize the acquisition of land, or the repair, remodeling or improvement to any existing building, structure or facility costing in excess of $250,000 $500,000, regardless of funding source, only if that project is enumerated in the authorized state building program. This paragraph does not apply to the acquisition of land by the building commission in the city of Madison within a block number specified in s. 13.48 (18). This paragraph does not apply to projects authorized under s. 16.858.

27,759 Section 759 . 20.924 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 5, section 4, is amended to read:

20.924 (1) (b) Shall authorize the acquisition of land, or the repair, remodeling or improvement to any existing building, structure or facility costing in excess of $250,000 $500,000, regardless of funding source, only if that project is enumerated in the authorized state building program. This paragraph does not apply to projects authorized under s. 16.858.

27,760 Section 760 . 20.924 (2) of the statutes is created to read:

20.924 (2) Subsection (1) does not apply to the acquisition of land for, or the design or construction of, the harbor of refuge along the Lake Superior shoreline under s. 30.92 (4m).

27,760f Section 760f. 20.9275 of the statutes is created to read:

20.9275 Prohibitions on funding for abortion-related activities. (1) In this section:

(a) “Abortion" has the meaning given in s. 253.10 (2) (a).

(b) “Local governmental unit" means a city, village, town or county or an agency or subdivision of a city, village, town or county.

(c) “Organization" means a nonprofit corporation, as defined in s. 46.93 (1m) (c), or a public agency, as defined in s. 46.93 (1m) (e).

(e) “Pregnancy program, project or service" means a program, project or service of an organization that provides services for pregnancy prevention, family planning, as defined in s. 253.07 (1) (a), pregnancy testing, pregnancy counseling, prenatal care, pregnancy services and reproductive health care services that are related to pregnancy.

(f) “Program funds" means all of the following funds distributed or attributable to an organization for operation of a pregnancy program, project or service:

1. Funds specified under sub. (2) (intro.).

2. Income derived from a grant, subsidy or other funding specified under sub. (2) (intro.) or from a pregnancy program, project or service funded by a grant, subsidy or other funding specified under sub. (2) (intro.).

3. Funds that are matching funds to a grant, subsidy or other funding specified under sub. (2) (intro.).

(g) “State 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, which is entitled to expend moneys appropriated by law, including the legislature, the courts and an authority created in ch. 231 or 233.

(2) No state agency or local governmental unit may authorize payment of funds of this state, of any local governmental unit or, subject to sub. (3m), of federal funds passing through the state treasury as a grant, subsidy or other funding that wholly or partially or directly or indirectly involves pregnancy programs, projects or services, including a grant, subsidy or other funding under s. 46.93, 46.995, 46.997, 253.05, 253.07, 253.08 or 253.085, if any of the following applies:

(a) The pregnancy program, project or service does any of the following using the state, local or federal funds:

1. Provides abortion services.

2. Promotes, encourages or counsels in favor of abortion services.

3. Makes abortion referrals either directly or through an intermediary in any instance other than when an abortion is directly and medically necessary to save the life of the pregnant woman.

(b) The pregnancy program, project or service is funded from any other source that requires, as a condition for receipt of the funds, that the pregnancy program, project or service perform any of the activities specified in par. (a) 1. to 3.

(2m) Nothing in sub. (2) prohibits the providing of nondirective information explaining any of the following:

(a) Prenatal care and delivery.

(b) Infant care, foster care or adoption.

(c) Pregnancy termination.

(3) Subject to sub. (3m), no organization that receives funds specified under sub. (2) (intro.) may use program funds for an activity that is specified under sub. (2) (a) 1. to 3.

(3m) The restriction under subs. (2) and (3) on the authorization of payment and the use of federal funds passing through the state treasury shall apply only to the extent that the application of the restriction does not result in the loss of any federal funds.

(4) If an organization that receives funds specified under sub. (2) (intro.) violates sub. (3), all of the following shall apply:

(a) The organization may not receive funds specified under sub. (2) (intro.) for 24 months after the date on which the state agency or local governmental unit last authorized payment or the date on which the organization, under a pregnancy program, project or service, last violated sub. (3), whichever is later.

(b) The grant, subsidy or other funding under which an organization, under a pregnancy program, project or service, has used funds in violation of sub. (3), is terminated; and the organization shall return to the state agency or local governmental unit all funds that have been paid to the organization under the grant, subsidy or other funding.

(5) If a state agency or local governmental unit authorizes payment in violation of sub. (2), the grant, subsidy or other funding under which the state agency or local governmental unit authorized payment in violation of sub. (2), is terminated; and the organization shall return to the state agency or local governmental unit funds that have been paid to the organization under the grant, subsidy or other funding.

27,761 Section 761 . 21.19 (3) (b) of the statutes is amended to read:

21.19 (3) (b) Notwithstanding s. 13.48 (14) (c), the department, under the authority and procedures established in par. (a), may sell and convey the Wisconsin national guard armory located at 1225 E. Henry Clay Street, Whitefish Bay, Milwaukee County. The proceeds of a sale shall be used first to pay off all bonds, all or a part of which were used to construct or purchase the property. Any moneys remaining from the sale shall be paid into the state treasury and credited to the appropriation under s. 20.465 (2) (1) (g).

27,761g Section 761g. 21.49 (1) (b) 2. of the statutes is amended to read:

21.49 (1) (b) 2. Any accredited institution of higher education as defined by rule by the department of education higher educational aids board.

27,761m Section 761m. 21.49 (2) (a) of the statutes is amended to read:

21.49 (2) (a) An officer or warrant officer.

27,762 Section 762 . 21.49 (3) (a) of the statutes is amended to read:

21.49 (3) (a) Any eligible guard member upon satisfactory completion of a full-time or part-time course in a qualifying school is eligible for a tuition grant equal to 50% 100% of the actual tuition charged by the school or 50% 100% of the maximum resident undergraduate tuition charged by the university of Wisconsin-Madison for a comparable number of credits, whichever amount is less.

27,762b Section 762b. 23.09 (2) (f) of the statutes is amended to read:

23.09 (2) (f) Propagation, game and fish. Capture Subject to s. 95.60, capture, propagate, transport, sell or exchange any species of game or fish needed for stocking or restocking any lands or waters of the state.

27,762c Section 762c. 23.09 (2) (km) of the statutes is created to read:

23.09 (2) (km) Resources inventory. Develop an information system to acquire, integrate and disseminate information concerning inventories and data on aquatic and terrestrial natural resources.

27,762d Section 762d. 23.09 (2) (m) of the statutes is amended to read:

23.09 (2) (m) (title) Lake and stream Stream classification. Develop a program for classifying lakes and streams by use and to make recommendations to municipalities and other state agencies for protection and development of recreational waters.

27,762g Section 762g. 23.09 (2q) (intro.) and (b) of the statutes are consolidated, renumbered 23.09 (2q) and amended to read:

23.09 (2q) Warren Knowles-Gaylord Nelson stewardship program; lower Wisconsin state riverway; ice age trail. Except as provided in s. 23.0915 (2), the department in each fiscal year may not expend from the appropriation under s. 20.866 (2) (tz): (b) More more than $2,000,000 under sub. (2) (d) 11.

27,762h Section 762h. 23.09 (2q) (c) of the statutes is repealed.

27,762k Section 762k. 23.09 (2r) (intro.) of the statutes is amended to read:

23.09 (2r) Warren Knowles-Gaylord Nelson stewardship program; land acquisition. (intro.) Except as provided in s. 23.0915 (2), the department in each fiscal year may not expend from the appropriation under s. 20.866 (2) (tz) more than a total of $8,600,000 under this subsection the amount designated under s. 23.0915 (1) (a) or (am) for that fiscal year. The purposes for which these moneys may be expended are the following:

27,762L Section 762L. 23.09 (2s) of the statutes is created to read:

23.09 (2s) Warren Knowles-Gaylord Nelson stewardship program; Ice Age Trail. Except as provided in s. 23.0915 (2), the department in each fiscal year may expend from the appropriation under s. 20.866 (2) (tz) not more than $500,000 for all of the following purposes:

(a) The Ice Age Trail under ss. 23.17 and 23.293.

(b) Grants for the Ice Age Trail under s. 23.096.

27,762p Section 762p. 23.09 (3) of the statutes is renumbered 23.09 (3) (a) and amended to read:

23.09 (3) (a) The department shall cooperate with the several state departments and officials in the conduct of matters in which the interests of the respective departments or officials overlap. The cooperating agencies may provide by agreement for the manner of sharing expenses and responsibilities under this subsection paragraph.