Amendment AA2-ASA1-AB133

ASSEMBLY AMENDMENT 2, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1999 ASSEMBLY BILL 133

June 28, 1999 - Offered by Representatives Jensen, Foti and Gard.

AB133-ASA1-AA2,1,1 At the locations indicated, amend the substitute amendment as follows:

AB133-ASA1-AA2,1,2 1. Page 3, line 1: delete lines 1 to 6.

AB133-ASA1-AA2,1,4 2. Page 4, line 1: delete the material beginning with that line and ending with page 5, line 6.

AB133-ASA1-AA2,1,5 3. Page 6, line 7: after that line insert:

AB133-ASA1-AA2,1,6 " Section 1jm. 7.15 (2) (d) of the statutes is amended to read:

AB133-ASA1-AA2,2,4 7.15 (2) (d) Whenever the governing body of any municipality submits any question to a vote of the electors or whenever a proper recall petition and certificate are filed under s. 9.10, the municipal clerk shall issue a call for the election and prepare and distribute ballots as required in the authorization of submission or as provided in s. 9.10. The date of the referendum shall be established in accordance with s. 8.065, and shall be fixed by the municipal clerk or board of election commissioners unless otherwise provided by law or unless the governing body fixes a date. The ballot for any referendum shall conform to s. 5.64 (2). If there is already an official municipal referendum ballot for the election, the question may appear on the same ballot.

AB133-ASA1-AA2, s. 1jn Section 1jn. 8.05 (3) (d) and (e) of the statutes are amended to read:

AB133-ASA1-AA2,2,11 8.05 (3) (d) The question of adoption of the nonpartisan primary under this subsection may be submitted to the electors at any regular election authorized under s. 8.065 held in the town or at a special election called for the purpose. When a petition conforming to the requirements of s. 8.40 signed by at least 20 electors of the town is filed with the town clerk so requesting, the question shall be submitted to a vote.

AB133-ASA1-AA2,2,16 (e) Petitions requesting a vote on the question at a regular town election shall be filed no later than 5 p.m. the last Tuesday in February. When the petition is filed, the clerk shall check its sufficiency. Whether at a regular or special election, the The clerk shall give separate notice by one publication in a newspaper at least 5 days before the election.

AB133-ASA1-AA2, s. 1jo Section 1jo. 8.06 of the statutes is amended to read:

AB133-ASA1-AA2,2,21 8.06 Special elections may be called. Towns, cities, villages and school districts may call special elections for any purpose whenever such action is authorized or required by law. If an election is called for a special referendum, the election shall be called and noticed under as provided in s. 8.55.

AB133-ASA1-AA2, s. 1jp Section 1jp. 8.065 of the statutes is created to read:

AB133-ASA1-AA2,2,24 8.065 Scheduling of referenda. (1) In this section, "local governmental unit" has the meaning given in s. 16.97 (7).

AB133-ASA1-AA2,3,9 (2) Unless otherwise required by law or unless authorized under sub. (3), a referendum held by any local governmental unit that is authorized or required by law to hold a referendum may only be held concurrently with the spring primary, spring election, September primary or general election, or on the first Tuesday after the first Monday of November of an odd-numbered year. Unless otherwise required by law or unless authorized under sub. (3), no referendum submitted by the same local governmental unit relating to substantially similar subject matter or relating to authorization for the borrowing of money may be held more than once in any 12-month period.

AB133-ASA1-AA2,3,23 (3) If a local governmental unit wishes to hold a special referendum on a date that is not concurrent with an election specified in s. 5.02 (5), (18), (21) or (22) or on a date other than the first Tuesday after the first Monday in November of an odd-numbered year, the local governmental unit may petition the referendum appeal board for a determination that an emergency exists with respect to a particular question. The referendum appeal board shall make a determination within 10 days after receipt of a petition under this subsection. If the referendum appeal board finds, with the concurrence of at least 4 members, that an emergency exists which requires a special referendum to be held by a local governmental unit on a date that is not concurrent with an election specified in s. 5.02 (5), (18), (21) or (22) or on a date other than the first Tuesday after the first Monday in November of an odd-numbered year, the board may permit a referendum relating to the question specified in the petition to be held on a date determined by the local governmental unit.

AB133-ASA1-AA2, s. 1jq Section 1jq. 9.20 (4) of the statutes is amended to read:

AB133-ASA1-AA2,4,12 9.20 (4) The common council or village board shall, without alteration, either pass the ordinance or resolution within 30 days following the date of the clerk's final certificate, or submit it to the electors at the next spring or general election authorized under s. 8.065, if the election is more than 6 weeks after the date of the council's or board's action on the petition or the expiration of the 30-day period, whichever first occurs. If there are 6 weeks or less before the election, the ordinance or resolution shall be voted on at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) thereafter. The council or board by a three-fourths vote of the members-elect may order a special election for the purpose of voting on the ordinance or resolution at any time prior to the next election, but not more than one special election for direct legislation may be ordered in any 6-month period.".

AB133-ASA1-AA2,4,13 4. Page 7, line 17: after that line insert:

AB133-ASA1-AA2,4,14 " Section 1w. 13.123 (3) (a) of the statutes is amended to read:

AB133-ASA1-AA2,5,2 13.123 (3) (a) Any senator authorized by the committee on senate organization to attend a meeting outside the state capital, any representative to the assembly authorized by the committee on assembly organization to attend an out-of-state meeting or authorized by the speaker to attend a meeting within this state outside the state capital, and all members of the legislature required by law, legislative rule, resolution or joint resolution to attend such meetings, shall be paid no additional compensation for such services but shall be reimbursed for actual and necessary expenses from the appropriation under s. 20.765 (1) (a) or (b), but no legislator may be reimbursed under this subsection for expenses on any day for which the legislator submits a claim under sub. (1). Any expenses incurred by a legislator under s. 14.82 shall be reimbursed from the appropriation under s. 20.315 (1) (q).

AB133-ASA1-AA2, s. 1y Section 1y. 13.45 (3) (a) of the statutes is amended to read:

AB133-ASA1-AA2,5,9 13.45 (3) (a) For any day for which the legislator does not file a claim under s. 13.123 (1), any legislator appointed to serve on a legislative committee or a committee to which the legislator was appointed by either house or the officers thereof shall be reimbursed from the appropriations under ss. 20.315 (1) (q) and s. 20.765 (1) (a) or (b) for actual and necessary expenses incurred as a member of the committee.".

AB133-ASA1-AA2,5,10 5. Page 8, line 2: after that line insert:

AB133-ASA1-AA2,5,11 " Section 2rm. 13.48 (10) (a) of the statutes is amended to read:

AB133-ASA1-AA2,5,23 13.48 (10) (a) No state board, agency, officer, department, commission or body corporate may enter into a contract for the construction, reconstruction, remodeling of or addition to any building, structure, or facility, which involves a cost in excess of $100,000, without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. The building commission may not approve a contract for the construction, reconstruction, renovation or remodeling of or an addition to a state building as defined in s. 44.51 (2) unless it determines that s. 44.57 has been complied with or does not apply. This section applies to the department of transportation only in respect to buildings, structures and facilities to be used for administrative or operating functions, including buildings, land and equipment to be used for the motor vehicle emission inspection and maintenance program under s. 110.20.".

AB133-ASA1-AA2,6,2 6. Page 8, line 20: delete "or all of s. 16.855" and substitute "or all provision of s. 16.855 except s. 16.855 (14m)".

AB133-ASA1-AA2,6,3 7. Page 12, line 7: delete "$1,106,400" and substitute "$5,531,900".

AB133-ASA1-AA2,6,4 8. Page 12, line 21: delete "$280,000" and substitute "$1,400,000".

AB133-ASA1-AA2,6,5 9. Page 13, line 7: delete "$350,000" and substitute "$1,750,000".

AB133-ASA1-AA2,6,6 10. Page 15, line 13: after that line insert:

AB133-ASA1-AA2,6,7 " Section 3im. 13.48 (33) of the statutes is created to read:

AB133-ASA1-AA2,6,16 13.48 (33) Swiss cultural center. (a) The building commission may authorize up to $1,000,000 in general fund supported borrowing to aid in the construction of a Swiss cultural center in the village of New Glarus. The state funding commitment under this paragraph shall be in the form of a grant to an organization known as the Swiss Cultural Center. Before approving any such state funding commitment, the building commission shall determine that the organization known as the Swiss Cultural Center has secured additional funding at least equal to $2,000,000 from nonstate donations for the purpose of constructing a Swiss cultural center in the village of New Glarus.

AB133-ASA1-AA2,6,21 (b) If the building commission authorizes a grant to the organization known as the Swiss Cultural Center under par. (a) and if, for any reason, the facility that is constructed with funds from the grant is not used as a Swiss cultural center in the village of New Glarus, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.".

AB133-ASA1-AA2,6,22 11. Page 19, line 12: after that line insert:

AB133-ASA1-AA2,6,23 " Section 4m. 13.94 (1) (p) of the statutes is created to read:

AB133-ASA1-AA2,7,4 13.94 (1) (p) No later than January 1, 2008, prepare a program evaluation audit of the private employer health care coverage program established under subch. X of ch. 40. The legislative audit bureau shall file a copy of the audit report under this paragraph with the distributees specified in par. (b).

AB133-ASA1-AA2, s. 4r Section 4r. 13.94 (1) (p) of the statutes, as created by 1999 Wisconsin Act .... (this act), section 4m, is repealed.".

AB133-ASA1-AA2,7,7 12. Page 20, line 10: after that line insert:

AB133-ASA1-AA2,7,9 " Section 7m. 14.035 of the statutes is renumbered 14.035 (1) and amended to read:

AB133-ASA1-AA2,7,11 14.035 (1) The Subject to sub. (2), the governor may, on behalf of this state, enter into any compact that has been negotiated under 25 USC 2710 (d).

AB133-ASA1-AA2, s. 7n Section 7n. 14.035 (2) of the statutes is created to read:

AB133-ASA1-AA2,7,17 14.035 (2) Before entering into any compact negotiated under sub. (1), the governor shall submit the proposed compact to the legislature for approval. The governor may not enter into any compact until the legislature approves the compact by joint resolution. If the legislature does not approve without change the proposed compact, the proposed compact shall be returned to the governor for renegotiation.

AB133-ASA1-AA2, s. 7q Section 7q. 14.037 of the statutes is created to read:

AB133-ASA1-AA2,8,2 14.037 Indian gaming on lands taken into trust after October 17, 1988. The governor may not concur with the determination of the U.S. secretary of the interior, as described in 25 USC 2719 (b) (1) (A), that a gaming establishment proposed to be located on lands acquired by the U.S. secretary of the interior in trust for the benefit of an Indian tribe after October 17, 1988, would not be detrimental to the surrounding community unless the legislature approves the proposed gaming establishment by joint resolution.".

AB133-ASA1-AA2,8,3 13. Page 20, line 10: after that line insert:

AB133-ASA1-AA2,8,4 " Section 6g. 13.94 (8) of the statutes is created to read:

AB133-ASA1-AA2,8,6 13.94 (8) County and municipal best practices reviews. (a) In this subsection, "municipality" means a city, village or town.

AB133-ASA1-AA2,8,7 (b) The state auditor shall undertake periodic reviews to:

AB133-ASA1-AA2,8,9 1. Examine the procedures and practices used by counties and municipalities to deliver governmental services.

AB133-ASA1-AA2,8,10 2. Determine the methods of governmental service delivery.

AB133-ASA1-AA2,8,12 3. Identify variations in costs and effectiveness of such services between counties and municipalities.

AB133-ASA1-AA2,8,14 4. Recommend practices to save money or provide more effective service delivery.

AB133-ASA1-AA2,8,16 (c) The state auditor shall determine the frequency, scope and subject of any reviews conducted under par. (b).

AB133-ASA1-AA2,8,19 (d) To assist the state auditor with the selection of county and municipal practices to be reviewed by the auditor, the auditor shall establish an advisory council consisting of the following members appointed by the auditor:

AB133-ASA1-AA2,8,21 1. Two members chosen from among 6 names submitted by the Wisconsin Counties Association.

AB133-ASA1-AA2,8,23 2. One member chosen from among 3 names submitted by the League of Wisconsin Municipalities.

AB133-ASA1-AA2,9,2 3. One member chosen from among 3 names submitted by the Wisconsin Alliance of Cities.

AB133-ASA1-AA2,9,4 4. One member chosen from among 3 names submitted by the Wisconsin Towns Association.

AB133-ASA1-AA2,9,6 (e) The members of the council appointed under par. (d) shall serve without compensation.".

AB133-ASA1-AA2,9,7 14. Page 21, line 5: delete lines 5 to 11 and substitute:

AB133-ASA1-AA2,9,8 " Section 12h. 14.82 of the statutes is repealed.".

AB133-ASA1-AA2,9,10 15. Page 21, line 12: delete the material beginning with that line and ending with page 22, line 10.

AB133-ASA1-AA2,9,11 16. Page 22, line 10: after that line insert:

AB133-ASA1-AA2,9,12 " Section 13m. 15.03 of the statutes is amended to read:

AB133-ASA1-AA2,9,24 15.03 Attachment for limited purposes. Any division, office, commission, council or board attached under this section to a department or independent agency or a specified division thereof shall be a distinct unit of that department, independent agency or specified division. Any division, office, commission, council or board so attached shall exercise its powers, duties and functions prescribed by law, including rule making, licensing and regulation, and operational planning within the area of program responsibility of the division, office, commission, council or board, independently of the head of the department or independent agency, but budgeting, program coordination and related management functions shall be performed under the direction and supervision of the head of the department or independent agency, except that with respect to the office of the commissioner of railroads, all personnel and biennial budget requests by the office of the commissioner of railroads shall be provided to the department of transportation as required under s. 189.02 (7) and shall be processed and properly forwarded by the public service commission without change except as requested and concurred in by the office of the commissioner of railroads.".

AB133-ASA1-AA2,10,5 17. Page 22, line 18: after that line insert:

AB133-ASA1-AA2,10,6 " Section 14p. 15.07 (1) (b) 22. of the statutes is created to read:

AB133-ASA1-AA2,10,7 15.07 (1) (b) 22. Private employer health care coverage board.

AB133-ASA1-AA2, s. 14r Section 14r. 15.07 (1) (b) 22. of the statutes, as created by 1999 Wisconsin Act .... (this act), section 14p, is repealed.".

AB133-ASA1-AA2,10,10 18. Page 24, line 9: after that line insert:

AB133-ASA1-AA2,10,11 " Section 28c. 15.165 (5) of the statutes is created to read:

AB133-ASA1-AA2,10,16 15.165 (5) Private employer health care coverage board. (a) There is created in the department of employe trust funds a private employer health care coverage board consisting of the secretary of employe trust funds or his or her designee, the secretary of health and family services or his or her designee and the following members appointed for 3-year terms:

AB133-ASA1-AA2,10,17 1. One member who represents health maintenance organizations.

AB133-ASA1-AA2,10,18 2. One member who represents hospitals.

AB133-ASA1-AA2,10,19 3. One member who represents insurance agents, as defined in s. 628.02 (4).

AB133-ASA1-AA2,10,21 4. Two members who are employes eligible to receive health care coverage under subch. X of ch. 40 and whose employer employs not more than 50 employes.

AB133-ASA1-AA2,10,22 5. One member who represents insurers.

AB133-ASA1-AA2,11,3 6. Two members who are, or who represent, employers that employ not more than 50 employes and who are eligible to offer health care coverage under subch. X of ch. 40.

AB133-ASA1-AA2,11,4 7. One member who is a physician, as defined in s. 448.01 (5).

AB133-ASA1-AA2,11,5 8. Two members who represent the public interest.

AB133-ASA1-AA2,11,7 (b) The secretary of employe trust funds or his or her designee and the secretary of health and family services or his or her designee shall be nonvoting members.

AB133-ASA1-AA2, s. 28r Section 28r. 15.165 (5) of the statutes, as created by 1999 Wisconsin Act .... (this act), section 28c, is repealed.".

AB133-ASA1-AA2,11,10 19. Page 24, line 9: after that line insert:

AB133-ASA1-AA2,11,11 " Section 30a. 15.183 (2) of the statutes is amended to read:

AB133-ASA1-AA2,11,17 15.183 (2) Division of savings and loan institutions. There is created a division of savings and loan institutions. Prior to July 1, 2000, the division is attached to the department of financial institutions under s. 15.03. After June 30, 2000, the division is created in the department of financial institutions. The administrator of the division shall be appointed outside the classified service by the secretary of financial institutions and shall serve at the pleasure of the secretary.".