Amendment ASA1-AB133

AB133-ASA1,528,23 (b) Any progress in advancing the transition to digital television and radio, distance education and other technological innovations.

AB133-ASA1,528,25 (c) The status of federal funding, private donations, other private fund raising and any financially beneficial partnerships.

AB133-ASA1,529,2 (d) The status of the broadcasting corporation's efforts to satisfy the duties specified in this subchapter.

AB133-ASA1,529,6 (3) This section does not apply unless the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation.

AB133-ASA1,529,9 39.87 Transfer provisions. (1) Definitions. In this section, "state office building" means the state office building located at 3319 West Beltline Highway in Dane County.

AB133-ASA1,529,13 (2) Assets. (a) If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation, each of the following applies:

AB133-ASA1,529,20 1. Any asset of the state, other than the state office building and the assets specified in subd. 3., that is used by the educational communications board and that, as determined by the secretary of administration, is not a shared asset, as defined in s. 16.26 (1) (b), is transferred, subject to the approval of the joint committee on finance under s. 39.83 (2), to the broadcasting corporation. A transfer under this subdivision shall take effect on on the effective date of the last license transferred as determined by the secretary of administration under s. 39.88 (2).

AB133-ASA1,529,24 2. Subject to the approval of the joint committee on finance under s. 39.83 (2), the secretary of administration shall transfer title to the state office building from the state to the broadcasting corporation if the broadcasting corporation pays $476,228 to the foundation or the foundation waives such payment.

AB133-ASA1,530,4 3. The assets of the state that, as determined by the secretary of administration, are used by educational communications board for the operation of an emergency weather warning system are transferred to the department of administration.

AB133-ASA1,530,6 (b) Any asset transferred under par. (a) 1. or 2. shall revert to the state if the asset is not used for the purpose of providing public broadcasting.

AB133-ASA1,530,13 (3) Educational communications board funds. Subject to the approval of the joint committee on finance under s. 39.83, if the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation, each of the following applies on the effective date of the last license transferred as determined by the secretary of administration under s. 39.88 (2):

AB133-ASA1,530,17 (a) To the appropriation account under s. 20.218 (1) (a), there is transferred the unencumbered balance of the appropriation accounts under s. 20.225 (1) (a), (b), (d), (eg), (er) and (f), except for the unencumbered balance of the appropriation accounts that are otherwise transferred under sub. (4).

AB133-ASA1,530,22 (b) To the appropriation account under s. 20.505 (5) (i), there is transferred the unencumbered balance of the appropriation account under s. 20.225 (1) (kb) and the amounts in the schedule for the appropriation account under s. 20.505 (5) (i) are increased by the amount transferred from the appropriation account under s. 20.225 (1) (kb).

AB133-ASA1,531,2 (c) To the appropriation account under s. 20.505 (1) (kv), there is transferred the unencumbered balance of the appropriation accounts under s. 20.225 (1) (g), (h), (k) and (m), and, to the extent allowed under federal law, the secretary of administration shall pay the broadcasting corporation a grant equal to the amount of the unencumbered balance of the appropriation account under s. 20.505 (1) (kv).

AB133-ASA1,531,12 (4) Positions. If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation, all positions authorized for the educational communications board and the incumbent employes holding the positions are transferred to the department of administration. Employes transferred under this subsection have all rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes that they enjoyed in the educational communications board. Notwithstanding s. 230.28 (4), no employe so transferred who has attained permanent status in class may be required to serve a probationary period.

AB133-ASA1,531,18 (5) Duties of former educational communications board employes. All employes transferred to the department of administration under sub. (4) shall provide broadcasting services to the broadcasting corporation under a contract between the department of administration and the broadcasting corporation for such services. The contract shall provide that the services are to be provided to the broadcasting corporation at no charge to the broadcasting corporation.

AB133-ASA1,531,20 39.88 License transfer determination. The secretary shall determine each of the following:

AB133-ASA1,531,23 (1) Whether the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation.

AB133-ASA1,532,2 (2) If the secretary determines that the federal communications commission has approved the transfer of all the broadcasting licences specified in sub. (1), the effective date of the transfer of the last license transferred to the broadcasting corporation.

AB133-ASA1, s. 930t Section 930t. 40.02 (17) (g) of the statutes is repealed.

AB133-ASA1, s. 930v Section 930v. 40.02 (17) (gm) of the statutes is created to read:

AB133-ASA1,532,11 40.02 (17) (gm) Any assistant district attorney in a county having a population of 500,000 or more who did not have vested benefit rights under the retirement system established under chapter 201, laws of 1937, who became a participating employe on January 1, 1990, and who is a participating employe on the effective date of this paragraph .... [revisor inserts date], shall receive creditable service for the total period of his or her service under the retirement system established under chapter 201, laws of 1937.

AB133-ASA1, s. 931 Section 931. 40.02 (28) of the statutes is amended to read:

AB133-ASA1,532,20 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state and any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, except as provided under ss. 40.51 (7) and 40.61 (3), or a local exposition district created under subch. II of ch. 229 or a family care district created under s. 46.2895. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

AB133-ASA1, s. 932 Section 932. 40.02 (36) of the statutes is amended to read:

AB133-ASA1,533,5 40.02 (36) "Governing body" means the legislature or the head of each state agency with respect to employes of that agency for the state, the common council in cities, the village board in villages, the town board in towns, the county board in counties, the school board in school districts, or the board, commission or other governing body having the final authority for any other unit of government, for any agency or instrumentality of 2 or more units of government, for any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more or, for a local exposition district created under subch. II of ch. 229 or for a family care district created under s. 46.2895.

AB133-ASA1, s. 935 Section 935. 40.02 (48) (am) of the statutes is amended to read:

AB133-ASA1,533,17 40.02 (48) (am) "Protective occupation participant" includes any participant whose name is certified to the fund as provided in s. 40.06 (1) (d) and (dm) and who is a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, conservation pilot, conservation patrol officer, forest fire control assistant, member of the state traffic patrol, state motor vehicle inspector, police officer, fire fighter, sheriff, undersheriff, deputy sheriff, state probation and parole officer, county traffic police officer, state forest ranger, fire watcher employed by the Wisconsin veterans home, state correctional-psychiatric officer, excise tax investigator employed by the department of revenue, special criminal investigation agent in the department of justice, assistant or deputy fire marshal, or person employed under s. 61.66 (1).

AB133-ASA1, s. 936 Section 936. 40.02 (48) (b) 4. of the statutes is created to read:

AB133-ASA1,533,23 40.02 (48) (b) 4. A "member of the state traffic patrol" includes one division administrator in the department of transportation who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol, if the division administrator is certified by the law enforcement standards board under s. 165.85 (4) (b) 1. as being qualified to be a law enforcement officer.

AB133-ASA1, s. 938d Section 938d. 40.03 (6) (a) 2. of the statutes is amended to read:

AB133-ASA1,534,6 40.03 (6) (a) 2. May, wholly or partially in lieu of subd. 1., on behalf of the state, provide any group insurance plan on a self-insured basis in which case the group insurance board shall approve a written description setting forth the terms and conditions of the plan, and may contract directly with providers of hospital, medical or ancillary services or long-term care to provide insured employes with the benefits provided under this chapter.

AB133-ASA1, s. 938h Section 938h. 40.03 (6) (h) (intro.) of the statutes is renumbered 40.03 (6) (h) and amended to read:

AB133-ASA1,534,10 40.03 (6) (h) Shall, on behalf of the state, offer as provided in s. 40.55 long-term care insurance policies, subject to the following conditions:.

AB133-ASA1, s. 938i Section 938i. 40.03 (6) (h) 1. of the statutes is repealed.

AB133-ASA1, s. 938j Section 938j. 40.03 (6) (h) 2. of the statutes is repealed.

AB133-ASA1, s. 939m Section 939m. 40.04 (9) of the statutes is amended to read:

AB133-ASA1,534,25 40.04 (9) Separate group health, long-term care, income continuation and life insurance accounts, and additional accounts for any other type of insurance provided under this chapter shall be maintained within the fund, to which shall be credited moneys received from operations of the respective group insurance plans for insurance premiums, as dividend or premium credits arising from the operation of the respective insurance plans and from investment income on any reserves established in the fund for the respective insurance plans. Premium payments to insurers, any insurance benefit to be paid directly by the fund and reimbursements of 3rd parties for benefits paid on behalf of an insurance plan shall be charged to the corresponding account established for that benefit plan. This subsection shall not be construed to prohibit the direct payment of premiums to insurers when appropriate administrative procedures have been established for direct payments.

AB133-ASA1, s. 939t Section 939t. 40.05 (2) (bz) of the statutes is created to read:

AB133-ASA1,535,6 40.05 (2) (bz) The employer contribution rate determined under par. (b) for the department of administration shall be adjusted to reflect the cost of granting creditable service under s. 40.02 (17) (gm) and that rate shall be sufficient to amortize the unfunded prior service liability of the department of administration over the remainder of the 40-year amortization period under par. (b).

AB133-ASA1, s. 944e Section 944e. 40.55 (1m) of the statutes is created to read:

AB133-ASA1,535,10 40.55 (1m) (a) Except as provided in sub. (5), the state may offer, through the group insurance board, to eligible employes under s. 40.02 (25) (bm) and to state annuitants long-term care coverage on a self-insured basis.

AB133-ASA1,535,14 (b) If the state offers long-term care coverage on a self-insured basis under par. (a), the state shall allow any eligible employe under s. 40.02 (25) (bm) and any state annuitant to purchase the long-term care coverage for his or her spouse, parent or spouse's parent.

AB133-ASA1,535,20 (c) If the state offers long-term care coverage on a self-insured basis under par. (a), the group insurance board, biennially, shall submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report on the rates of participation in the self-insured program by eligible employes under s. 40.02 (25) (bm) and state annuitants. The group insurance board shall submit the report no later than July 1 of each odd-numbered year.

AB133-ASA1, s. 944g Section 944g. 40.55 (2) of the statutes is amended to read:

AB133-ASA1,535,24 40.55 (2) For any long-term care policy offered through the group insurance board under sub. (1), the insurer may impose underwriting considerations in determining the initial eligibility of persons to cover and what premiums to charge.

AB133-ASA1, s. 944i Section 944i. 40.55 (4) of the statutes is amended to read:

AB133-ASA1,536,3 40.55 (4) The group insurance board may charge a fee to each insurer whose policy is offered under this section sub. (1), but the fee may not exceed the direct costs incurred by the group insurance board in offering the policy.

AB133-ASA1, s. 944m Section 944m. 40.63 (1) (c) of the statutes is amended to read:

AB133-ASA1,536,12 40.63 (1) (c) The employe is not entitled to any earnings from the employer and the employer has certified that it has paid to the employe all earnings to which the employe is entitled, that the employe is on a leave of absence and is not expected to resume active service, or that the employe's participating employment has been terminated, because of a disability as described in par. (b) and as a consequence the employe is not entitled to any earnings from the employer. In this paragraph, "earnings" does not include bonus compensation to which the employe is was entitled under s. 25.156 (7) (a), 1997 stats.

AB133-ASA1, s. 945am Section 945am. 41.17 (2) of the statutes is amended to read:

AB133-ASA1,536,25 41.17 (2) Eligibility. Any public or private organization not organized or incorporated for profit, including a tribal organization of a federally recognized American Indian tribe or band in this state, and any elected governing body of a federally recognized American Indian tribe or band in this state may apply to the department for joint effort marketing funds under this section. Prior to applying for such funds, each prospective applicant shall have submitted, at the time and in the manner provided by departmental rule, a plan and budget specifying the media to be used, the market to be approached, the facilities and attractions to be promoted and the applicant's estimated expenditures and receipts for the various projects within the plan. If such plan is coordinated with the statewide marketing strategy, the department shall approve it and the submitting organization or governing body shall be eligible to apply for joint effort marketing funds under this section.

AB133-ASA1, s. 945ar Section 945ar. 41.17 (3) (intro.) of the statutes is amended to read:

AB133-ASA1,537,5 41.17 (3) Written agreements. (intro.) Each joint effort marketing project shall be implemented by a written agreement between the department and the applicant organization, which or governing body. The agreement shall specify at a minimum:

AB133-ASA1, s. 945b Section 945b. 41.17 (4) (a) of the statutes is amended to read:

AB133-ASA1,537,9 41.17 (4) (a) No state funds may be released for a project which that is not included within an advertising plan and budget submitted by an eligible organization or governing body and approved by the department.

AB133-ASA1, s. 945c Section 945c. 41.17 (5) of the statutes is created to read:

AB133-ASA1,537,15 41.17 (5) Funding source. Subject to the 50% limitation under s. 20.380 (1) (b) and the proportional expenditure requirements under s. 20.380 (1) (b) and (kg), the department shall expend, from the appropriations under s. 20.380 (1) (b) and (kg), at least $1,130,000 in the aggregate in each fiscal year in joint effort marketing funds under this section.

AB133-ASA1, s. 945d Section 945d. 41.41 (7) (cm) of the statutes is created to read:

AB133-ASA1,537,19 41.41 (7) (cm) Acquire development rights in land any portion of which is approved by the department for inclusion in the Kickapoo valley reserve. Purchases under this paragraph are subject to the approval of the governor under s. 20.914 (1).

AB133-ASA1, s. 945e Section 945e. 44.015 (6) of the statutes is renumbered 44.015 (10).

AB133-ASA1, s. 945f Section 945f. 44.015 (7) of the statutes is created to read:

AB133-ASA1,537,23 44.015 (7) Contract with the Wisconsin History Foundation, Inc., for the purpose of administering the historical society's membership program.

AB133-ASA1, s. 945g Section 945g. 44.02 (28) of the statutes is created to read:

AB133-ASA1,538,3 44.02 (28) In the 1999-2001 fiscal biennium, pay the amount appropriated under s. 20.245 (3) (c) to the city of Neenah to restore the Neenah city clock tower if the city of Neenah contributes matching funds of at least $25,000.

AB133-ASA1, s. 945m Section 945m. 44.08 of the statutes is repealed.

AB133-ASA1, s. 945s Section 945s. 44.16 of the statutes is amended to read:

AB133-ASA1,538,11 44.16 Historic sites foundation Circus World Museum Foundation. (1) The historical society may enter into a lease agreement with the historic sites foundation, inc. Circus World Museum Foundation, Inc., for the purpose of operating Circus World Museum, located in Baraboo, Wisconsin. The lease agreement shall not include any provision for the payment of a percentage of gross admissions income at Circus World Museum to the historical society.

AB133-ASA1,538,15 (2) Upon request of the board of directors of the historic sites foundation, inc. Circus World Museum Foundation, Inc., the governor may nominate, and with the advice and consent of the senate appoint, one member of the board of directors to serve at the pleasure of the governor.

AB133-ASA1, s. 946 Section 946. 44.20 (1) of the statutes is amended to read:

AB133-ASA1,538,21 44.20 (1) The historical society shall operate and maintain the historic sites known as Stonefield Village, Pendarvis, Villa Louis, Old Wade House, Madeline Island, Old World Wisconsin, H.H. Bennett Studios and, if the First Capitol state park has been transferred to the historical society under 1993 Wisconsin Act 16, section 9142 (1e), First Capitol.

AB133-ASA1, s. 946m Section 946m. 44.49 of the statutes is created to read:

AB133-ASA1,539,4 44.49 Heritage trust program. (1) Purpose. The legislature determines that the provision of assistance by the state under this section and the awarding of grants to the Wisconsin Trust for Historic Preservation under this section serve a statewide public purpose by assisting in the protection, restoration and rehabilitation of property located in this state that is significant in the history, prehistory, architecture, archaeology or culture of this state, its rural and urban communities or the nation.

AB133-ASA1,539,5 (2) Definitions. In this section:

AB133-ASA1,539,6 (a) "Local governmental unit" has the meaning given in s. 16.97 (7).

AB133-ASA1,539,7 (b) "Trust" means the Wisconsin Trust for Historic Preservation.

AB133-ASA1,539,13 (3) Grants to governmental units and nonprofit organizations. (a) From the appropriation under s. 20.866 (2) (zfm), the state historical society shall award grants to state agencies, local governmental units and nonprofit organizations for historic preservation. A grant recipient shall provide matching funds equal to 25% of the amount of the grant, except that the state historical society may require a recipient to provide matching funds equal to a higher percentage.

AB133-ASA1,539,15 (b) The state historical society shall ensure that all grant recipients under par. (a) comply with the standards for rehabilitation in 36 CFR 67.7.

AB133-ASA1,539,22 (c) The state historical society may award up to $1,000,000 in grants under par. (a) in the 2000-01 fiscal year and up to $1,500,000 in grants under par. (a) in each of the 9 succeeding fiscal years, except that if the state historical society awards less than the maximum amount allowed in any fiscal year the maximum amount allowed in the succeeding fiscal year is increased by an amount equal to the difference between the amount awarded in the current fiscal year and the maximum amount allowed in the current fiscal year.

AB133-ASA1,540,2 (4) Grants to the trust. (a) Subject to par. (b), the state historical society annually shall award a grant to the trust from the appropriation under s. 20.866 (2) (zfm). In the 2000-01 fiscal year, the amount of the grant shall be $1,000,000. In each of the 9 succeeding fiscal years, the amount of the grant shall be $500,000.

AB133-ASA1,540,4 (b) The state historical society may award a grant under par. (a) only if the following conditions are satisfied:

AB133-ASA1,540,8 1. The bylaws of the trust state that the purpose of the trust is to develop and support statewide initiatives promoting historic preservation and that, if the trust dissolves, the trust shall in good faith take all reasonable measures to ensure that all moneys paid to the trust under this subsection revert to the state.

AB133-ASA1,540,12 2. The trust provides public access to any meeting held for the purpose of deliberations regarding the awarding of grants under par. (c) 1. to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, a governmental body under subch. V of ch. 19.

AB133-ASA1,540,14 (c) The moneys received under par. (a) shall constitute an endowment fund. The trust shall use the earnings of the endowment fund for the following purposes:

AB133-ASA1,540,19 1. To award grants to state agencies, local governmental units and nonprofit organizations for historic preservation, including historic preservation to commemorate the 200th anniversary of Wisconsin statehood. A grant recipient shall provide matching funds equal to 25% of the amount of the grant, except that the trust may require a recipient to provide matching funds equal to a higher percentage.

AB133-ASA1,540,21 2. To temporarily acquire historic property for the purpose of historic preservation.

AB133-ASA1,540,23 (d) The trust shall comply, and shall ensure that all grant recipients under par. (c) 1. comply, with the standards for rehabilitation in 36 CFR 67.7.

AB133-ASA1,541,2 (e) The trust shall contract with an independent certified public accountant to biennially audit the endowment fund. Within 30 days after the completion of each audit, the trust shall submit a detailed report of the audit to the governor and the joint committee on finance.

AB133-ASA1,541,4 (5) Sunset. The state historical society may not award a grant under this section after June 30, 2010.