Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,112,20 3. The product of multiplying the sum of 1.0 and the percentage increase under subd. 2., expressed as a decimal, by the sum of the amounts appropriated in the current fiscal year under s. 20.235 (1) (fe) and (ks).

AB133-ASA1-AA2,113,2 (b) On October 1, 2000, and annually thereafter, there is transferred from the appropriation account under s. 20.285 (1) (im) to the appropriation account under s. 20.235 (1) (ks) a sum, rounded to the nearest 100 dollars, that is equal to the product determined under par. (a) 3. less the amount appropriated in the current fiscal year under s. 20.234 (1) (fe).".

AB133-ASA1-AA2,113,4 406. Page 523, line 6: delete the material beginning with that line and ending with page 532, line 2, and substitute:

AB133-ASA1-AA2,113,5 "39.81 Definitions. In this subchapter:

AB133-ASA1-AA2,113,6 (1) "Association" means the Wisconsin Public Radio Association.

AB133-ASA1-AA2,113,7 (2) "Broadcasting corporation" means the corporation specified in s. 39.82 (1).

AB133-ASA1-AA2,113,9 (3) "Corporate board" means the board of directors of the broadcasting corporation.

AB133-ASA1-AA2,113,10 (4) "Foundation" means the Wisconsin Public Broadcasting Foundation.

AB133-ASA1-AA2,113,15 (5) "Friends group" means a nonstock, nonprofit corporation described under section 501 (c) (3) or (4) of the Internal Revenue Code and exempt from taxation under section 501 (a) of the Internal Revenue Code that is organized to raise funds for a public broadcasting television or radio station in this state. "Friends group" includes the association.

AB133-ASA1-AA2,113,16 (7) "Transitional board" means the public broadcasting transitional board.

AB133-ASA1-AA2,113,18 39.82 Transitional board duties. The transitional board shall do each of the following:

AB133-ASA1-AA2,113,22 (1) Draft and file articles of incorporation for a nonstock corporation under ch. 181, including a provision that the corporation will not have members, and take all actions necessary to exempt the corporation from federal taxation under section 501 (c) (3) of the Internal Revenue Code.

AB133-ASA1-AA2,113,24 (2) Draft bylaws for adoption by the corporate board under s. 181.0206 (2). The bylaws shall specify each of the following:

AB133-ASA1-AA2,114,2 (a) That the members of the transitional board shall serve as the directors of the corporate board.

AB133-ASA1-AA2,114,6 (b) That directors specified in s. 15.98 (2) (i), (j) or (k) shall serve staggered 3-year terms and that, upon expiration of the term or occurrence of a vacancy in the office of director, the remaining directors of the corporate board shall elect a successor who is a member of the same friends group.

AB133-ASA1-AA2,114,10 (c) That a director specified in s. 15.98 (2) (L) shall serve a 3-year term and that, upon expiration of the term or occurrence of a vacancy in the office of director, the remaining directors of the corporate board shall elect a successor who is a representative of public elementary and secondary schools.

AB133-ASA1-AA2,114,14 (d) That a director specified in s. 15.98 (2) (a), (b), (c), (e) or (f) shall vacate the office of director if he or she ceases to hold the office specified in s. 15.98 (2) (a), (b), (c), (e) or (f) and that the remaining directors of the corporate board shall appoint as a successor the individual who is the successor to the office.

AB133-ASA1-AA2,114,18 (e) That the term of a director specified in s. 15.98 (2) (g) or (h) shall expire on the date specified in s. 13.02 (1) and that the remaining directors of the corporate board shall appoint a successor who is an individual appointed as is a member of a standing committee.

AB133-ASA1-AA2,114,22 (f) That a director specified in s. 15.98 (2) (i), (j) or (k) shall vacate the office of director if he or she ceases to be a member of the friends group specified in s. 15.98 (2) (i), (j) or (k) and that the remaining directors of the corporate board shall elect as a successor an individual who is a member of the same friends group.

AB133-ASA1-AA2,115,2 (2m) No later than March 15, 2000, the transitional board shall submit a report to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that includes and describes the bylaws drafted under sub. (2).

AB133-ASA1-AA2,115,5 (3) Prepare an application for submission by the corporate board to the federal communications commission to transfer all broadcasting licenses held by the educational communications board to the broadcasting corporation.

AB133-ASA1-AA2,115,7 39.83 Transitional plan. (1) The corporate board shall prepare a plan for submission to the secretary of administration that specifies each of the following:

AB133-ASA1-AA2,115,9 (a) The transfer of the unencumbered balances of the appropriations to the educational communications board to the broadcasting corporation.

AB133-ASA1-AA2,115,11 (b) The transfer of positions and related funding from the educational communications board to the University of Wisconsin System.

AB133-ASA1-AA2,115,12 (c) The transfer of assets under s. 39.87 (2) to the broadcasting corporation.

AB133-ASA1-AA2,115,19 (2) If the secretary of administration does not notify the corporate board within 14 working days after the date of submittal of the plan under sub. (1) that the secretary intends to modify the plan, the plan may be implemented as proposed. If, within 14 working days after the date of submittal of the plan under sub. (1), the secretary of administration notifies the corporate board that the secretary intends to modify the proposed plan, the plan may be implemented only upon approval of the secretary.

AB133-ASA1-AA2,115,23 (3) If the secretary of administration approves a transfer of unencumbered balances specified in sub. (1) (a) and (b), the unencumbered balances shall be transferred to the appropriation accounts under ss. 20.218 (1) (a), 20.285 (1) (cc) and 20.505 (1) (kv).

AB133-ASA1-AA2,116,3 39.84 Duties of broadcasting corporation. The broadcasting corporation shall do each of the following as a condition for receiving state aid under s. 20.218 (1) (a):

AB133-ASA1-AA2,116,5 (1) Commit to provide editorial integrity in all aspects of public broadcasting that is free from the influence of politics or special interest groups.

AB133-ASA1-AA2,116,7 (2) Provide educational broadcasting that enriches the cultural, civic and educational well-being of the people of this state.

AB133-ASA1-AA2,116,9 (3) Provide access to public broadcasting to all populations and geographic areas of this state.

AB133-ASA1-AA2,116,11 (4) Maintain a state system of radio broadcasting for the presentation of educational, informational and public service programs.

AB133-ASA1-AA2,116,14 (5) Maintain educational television channels reserved for this state and take such action as is necessary to preserve such channels in this state for educational use.

AB133-ASA1-AA2,116,16 (6) Furnish leadership in securing adequate funding for a statewide system of public broadcasting.

AB133-ASA1-AA2,116,18 (7) Lease, purchase or construct radio and television facilities for joint use with state and local agencies.

AB133-ASA1-AA2,116,20 (8) Maintain radio and television transmission equipment in order to provide broadcast service to all areas of this state.

AB133-ASA1-AA2,116,22 (9) Establish and maintain a continuing evaluation of the effectiveness of public broadcasting in this state.

AB133-ASA1-AA2,117,2 (10) Act as a central clearinghouse and source of information concerning educational radio and television activities in this state, including the furnishing of such information to legislators, offices of government, educational institutions and the general public.

AB133-ASA1-AA2,117,5 (11) Provide educational programming for elementary and secondary schools in this state and transmit public radio and television to remote and underserved areas of the state.

AB133-ASA1-AA2,117,7 (12) Hire an executive director in charge of the daily operations of the broadcasting corporation.

AB133-ASA1-AA2,117,8 (13) Enter into the agreements specified in ss. 36.25 (5) (c) 2. and 38.125 (2) (a).

AB133-ASA1-AA2,117,10 39.85 State aid. (1) The broadcasting corporation may receive state aid under s. 20.218 (1) (a) if each of the following is satisfied:

AB133-ASA1-AA2,117,16 (a) The articles of incorporation state that the purpose of the broadcasting corporation is to provide public broadcasting to this state and that, if the broadcasting corporation dissolves or discontinues public broadcasting in this state, the broadcasting corporation shall in good faith take all reasonable measures to transfer or assign the broadcasting corporation's assets, licenses and rights to an entity whose purpose is to advance public broadcasting in this state.

AB133-ASA1-AA2,117,19 (b) The broadcasting corporation initially adopts the bylaws drafted by the transitional board under s. 39.82 (2) and does not amend the bylaws regarding election, appointment and terms of the members of the corporate board.

AB133-ASA1-AA2,117,23 (c) The broadcasting corporation permits public inspection and copying of any record of the corporation, as defined in s. 19.32 (1), to the same extent as required of, and subject to the same terms and enforcement provisions that apply to, an authority under subch. II of ch. 19.

AB133-ASA1-AA2,118,3 (d) The broadcasting corporation provides public access to its meetings 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-AA2,118,7 (e) The broadcasting corporation provides the secretary of administration or his or her designee and the employes of the legislative audit bureau and the legislative fiscal bureau with access to all of the broadcasting corporation's records, as defined in s. 19.32 (2), except records identifying the names of private donors.

AB133-ASA1-AA2,118,12 (f) The broadcasting corporation carries out any obligation of the educational communications board under any contract entered into by the educational communications board that relates to the provision of public broadcasting in this state until the contract is modified or rescinded by the broadcasting corporation to the extent allowed under the contract.

AB133-ASA1-AA2,118,15 (g) The broadcasting corporation maintains public television, public radio and distance education as separate operating divisions within the broadcasting corporation.

AB133-ASA1-AA2,118,17 (2) The secretary of administration shall pay aid under s. 20.218 (1) (a) to the broadcasting corporation in instalments, as determined by the secretary.

AB133-ASA1-AA2,118,24 39.86 Broadcasting corporation reports. (1) No later than September 15 of each even-numbered year, in the form and content prescribed by the department of administration, the broadcasting corporation shall, as a condition of receiving state aid under s. 20.218 (1) (a), prepare and forward to the department of administration and to the legislative fiscal bureau all of the following information regarding each program administered by the broadcasting corporation for which the broadcasting corporation is requesting state aid:

AB133-ASA1-AA2,118,25 (a) A clear statement of the purpose or goal for each program.

AB133-ASA1-AA2,119,3 (b) Clear statements of specific objectives to be accomplished and, as appropriate, the performance measures used by the broadcasting corporation to assess progress toward achievement of these objectives.

AB133-ASA1-AA2,119,5 (c) Proposed plans to implement the objectives specified in par. (a) and the estimated resources needed to carry out the proposed plans.

AB133-ASA1-AA2,119,7 (d) A statement of legislation required to implement proposed programmatic and financial plans.

AB133-ASA1-AA2,119,9 (e) Any other fiscal or other information that the secretary of administration or the governor requires on forms prescribed by the secretary of administration.

AB133-ASA1-AA2,119,13 (2) No later than December 1 of each year, the broadcasting corporation shall, as a condition of receiving state aid under s. 20.218 (1) (a), submit a report to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that describes each of the following:

AB133-ASA1-AA2,119,16 (a) Any use of state aid received by the broadcasting corporation for serving educational communities, diverse populations and rural and remote areas of the state, including a detailed itemization of the use of state aid.

AB133-ASA1-AA2,119,18 (b) Any progress in advancing the transition to digital television and radio, distance education and other technological innovations.

AB133-ASA1-AA2,119,20 (c) The status of federal funding, private donations, other private fund raising and any financially beneficial partnerships.

AB133-ASA1-AA2,119,22 (d) The status of the broadcasting corporation's efforts to satisfy the duties specified in this subchapter.

AB133-ASA1-AA2,120,2 (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-AA2,120,5 39.87 Transfer provisions. (1) Definition. In this section, "state office building" means the state office building located at 3319 West Beltline Highway in Dane County.

AB133-ASA1-AA2,120,9 (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-AA2,120,16 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 secretary of administration 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-AA2,120,20 2. Subject to the approval of the secretary of administration 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-AA2,120,24 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-AA2,121,2 (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-AA2,121,9 (3) Educational communications board funds. Subject to the approval of the secretary of administration 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-AA2,121,13 (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-AA2,121,18 (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-AA2,121,23 (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), (ka) 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-AA2,122,8 (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 University of Wisconsin System. 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-AA2,122,14 (5) Duties of former educational communications board employes. All employes transferred to the University of Wisconsin System under sub. (4) shall provide broadcasting services to the broadcasting corporation under a contract between the University of Wisconsin System 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-AA2,122,16 39.88 Determinations by secretary of administration. The secretary of administration shall determine each of the following:

AB133-ASA1-AA2,122,19 (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-AA2,122,23 (2) If the secretary of administration 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-AA2,122,25 (3) Determine the date on which the articles of incorporation of the broadcasting corporation become effective under s. 180.0123.".

AB133-ASA1-AA2,123,1 407. Page 532, line 11: after that line insert:

AB133-ASA1-AA2,123,2 " Section 930wb. 40.02 (26) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,123,10 40.02 (26) (intro.) "Employe" means any person who receives earnings as payment for personal services rendered for the benefit of any employer including officers of the employer, except as provided in subch. X. An employe is deemed to have separated from the service of an employer at the end of the day on which the employe last performed services for the employer, or, if later, the day on which the employe-employer relationship is terminated because of the expiration or termination of leave without pay, sick leave, vacation or other leave of absence. A person shall not be considered an employe if a person:

AB133-ASA1-AA2, s. 930wm Section 930wm. 40.02 (26) (intro.) of the statutes, as affected by 1999 Wisconsin Act .... (this act), section 930wb, is amended to read:

AB133-ASA1-AA2,123,20 40.02 (26) (intro.) "Employe" means any person who receives earnings as payment for personal services rendered for the benefit of any employer including officers of the employer, except as provided in subch. X. An employe is deemed to have separated from the service of an employer at the end of the day on which the employe last performed services for the employer, or, if later, the day on which the employe-employer relationship is terminated because of the expiration or termination of leave without pay, sick leave, vacation or other leave of absence. A person shall not be considered an employe if a person:".

AB133-ASA1-AA2,123,21 408. Page 532, line 11: after that line insert:

AB133-ASA1-AA2,123,22 " Section 930x. 40.02 (17) (n) of the statutes is created to read:

AB133-ASA1-AA2,124,8 40.02 (17) (n) Notwithstanding par. (d), each participant who is a sex offender registration specialist on or after the effective date of this paragraph .... [revisor inserts date], shall be granted creditable service as a protective occupation participant for all covered service as a sex offender registration specialist that was earned on or after the effective date of this paragraph .... [revisor inserts date], but may not be granted creditable service as a protective occupation participant for any covered service as a sex offender registration specialist that was earned before the effective date of this paragraph .... [revisor inserts date], unless that service was earned while the participant was classified under sub. (48) (a) and s. 40.06 (1) (d) as a protective occupation participant.".

AB133-ASA1-AA2,124,9 409. Page 532, line 12: before that line insert:

AB133-ASA1-AA2,124,10 " Section 930y. 40.02 (20) of the statutes is amended to read:

AB133-ASA1-AA2,124,19 40.02 (20) "Dependent" means the spouse, minor child, including stepchildren of the current marriage dependent on the employe for support and maintenance, or child of any age, including stepchildren of the current marriage, if handicapped to an extent requiring continued dependence. For group insurance purposes only, the department may promulgate rules with a different definition of "dependent" than the one otherwise provided in this subsection for each group insurance plan, except that the department may not promulgate a rule that includes within the definition of "dependent" any adult who resides with an employe and who is not related to the employe or the employe's spouse by blood, marriage or adoption.".