Amendment SSA1-AB133

AB133-SSA1, s. 647m Section 647m. 20.923 (6) (aj) of the statutes is created to read:

AB133-SSA1,415,10 20.923 (6) (aj) Administration, department of: all positions specified in s. 230.08 (2) (km).

AB133-SSA1, s. 648m Section 648m. 20.923 (6) (b) of the statutes is amended to read:

AB133-SSA1,415,18 20.923 (6) (b) Educational communications board: unclassified professional staff. 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, as defined in s. 39.81 (2), this paragraph does not apply on and after the effective date of the last license transferred as determined by the secretary of administration under s. 39.88 (2).

AB133-SSA1, s. 649 Section 649. 20.923 (17) of the statutes is repealed.

AB133-SSA1, s. 649g Section 649g. 20.924 (1) (i) of the statutes is created to read:

AB133-SSA1,415,25 20.924 (1) (i) Shall not authorize the acquisition or leasing of any building, structure or facility, or portion thereof, under s. 301.19 (2) (a), for initial occupancy by the department of corrections for the purpose of confining persons serving a sentence of imprisonment to the Wisconsin state prisons under ch. 973 unless the seller or lessor agrees as follows:

AB133-SSA1,416,7 1. Not to permit any employe working on the building, structure or facility, or portion thereof, who would be entitled to receive the prevailing wage rate under s. 103.49 and who would not be required or permitted to work more than the prevailing hours of labor, if the building, structure or facility, or portion thereof, were a project of public works subject to s. 103.49, to be paid less than the prevailing wage rate or to be required or permitted to work more than the prevailing hours of labor, except as permitted under s. 103.49 (2).

AB133-SSA1,416,12 2. To require any contractor, subcontractor or agent thereof performing work on the building, structure or facility, or portion thereof, to keep and permit inspection of records in the same manner as a contractor, subcontractor or agent thereof performing work on a project of public works that is subject to s. 103.49 is required to keep and permit inspection of records under s. 103.49 (5).

AB133-SSA1,416,19 3. Otherwise to comply with s. 103.49 in the same manner as a state agency contracting for the erection, construction, remodeling, repairing or demolition of a project of public works is required to comply with s. 103.49 and to require any contractor, subcontractor or agent thereof performing work on the building, structure or facility, or portion thereof, to comply with s. 103.49 in the same manner as a contractor, subcontractor or agent thereof performing work on a project of public works that is subject to s. 103.49 is required to comply with s. 103.49.

AB133-SSA1, s. 649m Section 649m. 20.924 (1) (im) of the statutes is created to read:

AB133-SSA1,417,2 20.924 (1) (im) Shall not enter into any lease or other contract that provides for the construction of any building, structure or facility, or portion thereof, for initial occupancy by the state and that contains an option for the state to purchase the building, structure or facility unless the construction and purchase of the building, structure or facility is enumerated in the authorized state building program prior to entering into the lease or other contract.

AB133-SSA1, s. 649n Section 649n. 20.924 (1) (j) of the statutes is created to read:

AB133-SSA1,417,8 20.924 (1) (j) Shall not enter into any lease or other contract that provides for the construction of any building, structure or facility, or portion thereof, for initial occupancy by the state and that contains an option for the state to purchase the building, structure or facility unless the seller or lessor agrees to all of the following requirements:

AB133-SSA1,417,12 1. Bids or competitive sealed proposals will be submitted to the seller or lessor in accordance with the procedure for soliciting and submitting bids or competitive sealed proposals to the department of administration for contracts entered into by the state.

AB133-SSA1,417,18 2. The contractor or contractors who construct the building, structure or facility, or portion thereof, will ensure that at least 5% of the total amount expended for construction of the building, structure or facility, or portion thereof, is awarded to contractors or subcontractors who are minority businesses, as defined in s. 16.75 (3m) (a), and that the department of administration is empowered to enforce this requirement.

AB133-SSA1,417,19 3. The seller or lessor will do all of the following:

AB133-SSA1,418,2 a. Not permit any employe working on the building, structure or facility, or portion thereof, who would be entitled to receive the prevailing wage rate under s. 103.49 and who would not be required or permitted to work more than the prevailing hours of labor, if the building, structure or facility, or portion thereof, were a project of public works subject to s. 103.49, to be paid less than the prevailing wage rate or to be required or permitted to work more than the prevailing hours of labor, except as permitted under s. 103.49 (2).

AB133-SSA1,418,7 b. Require any contractor, subcontractor or agent thereof performing work on the building, structure or facility, or portion thereof, to keep and permit inspection of records in the same manner as a contractor, subcontractor or agent thereof performing work on a project of public works that is subject to s. 103.49 is required to keep and permit inspection of records under s. 103.49 (5).

AB133-SSA1,418,14 c. Otherwise comply with s. 103.49 in the same manner as a state agency contracting for the erection, construction, remodeling, repairing or demolition of a project of public works is required to comply with s. 103.49 and require any contractor, subcontractor or agent thereof performing work on the building, structure or facility, or portion thereof, to comply with s. 103.49 in the same manner as a contractor, subcontractor or agent thereof performing work on a project of public works that is subject to s. 103.49 is required to comply with s. 103.49.

AB133-SSA1, s. 649p Section 649p. 20.924 (2) of the statutes is repealed.

AB133-SSA1, s. 649r Section 649r. 20.924 (3) of the statutes is created to read:

AB133-SSA1,418,18 20.924 (3) Subsection (1) does not apply to the establishment and development of a state park as specified under s. 23.0917 (4) (e).

AB133-SSA1, s. 650 Section 650. 20.927 (1) of the statutes is amended to read:

AB133-SSA1,418,25 20.927 (1) Except as provided under subs. (2) and (3), no funds of this state or of any county, city, village or, town or family care district under s. 46.2895 or of any subdivision or agency of this state or of any county, city, village or town and no federal funds passing through the state treasury shall be authorized for or paid to a physician or surgeon or a hospital, clinic or other medical facility for the performance of an abortion.

AB133-SSA1, s. 651 Section 651. 20.9275 (1) (b) of the statutes is amended to read:

AB133-SSA1,419,4 20.9275 (1) (b) "Local governmental unit" means a city, village, town or, county or family care district under s. 46.2895 or an agency or subdivision of a city, village, town or county.

AB133-SSA1, s. 652 Section 652. 20.9275 (2) (intro.) of the statutes is amended to read:

AB133-SSA1,419,12 20.9275 (2) (intro.) 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, that is a grant, subsidy or other funding under s. 46.93, 46.99, 46.995, 46.997, 253.05, 253.07, 253.08 or 253.085 or 42 USC 701 to 710, if any of the following applies:

AB133-SSA1, s. 653 Section 653. 20.930 of the statutes is amended to read:

AB133-SSA1,419,16 20.930 Attorney fees. No Except as provided in ss. 46.27 (7g) (h), 49.496 (3) (f) and 49.682 (6), no state agency in the executive branch may employ any attorney until such employment has been approved by the governor.

AB133-SSA1, s. 655 Section 655. 21.25 (1) of the statutes is amended to read:

AB133-SSA1,419,25 21.25 (1) The department of military affairs shall administer the Badger Challenge program for disadvantaged youth. The department shall recruit 10% of the 1999-2000 class of the program from families who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq. The department shall recruit 25% of the 2000-01 class of the program from families who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq. The department of military affairs shall promulgate rules for administering the Badger Challenge program.

AB133-SSA1, s. 656 Section 656. 21.49 (2) (e) of the statutes is amended to read:

AB133-SSA1,420,8 21.49 (2) (e) Delinquent in child support or maintenance payments and who does not owe past support, medical expenses or birth expenses, as established by the receipt by the department of a certification under s. 49.855 (7) appearance of the guard member's name on the statewide support lien docket under s. 49.854 (2) (b), unless the guard member provides to the department a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

AB133-SSA1, s. 658m Section 658m. 23.09 (2) (d) 6. of the statutes is amended to read:

AB133-SSA1,420,11 23.09 (2) (d) 6. For preservation of any endangered species defined in or threatened species under s. 29.604 (2).

AB133-SSA1, s. 659m Section 659m. 23.09 (2) (d) 14. of the statutes is amended to read:

AB133-SSA1,420,13 23.09 (2) (d) 14. For habitat areas and fisheries.

AB133-SSA1, s. 659p Section 659p. 23.09 (2) (d) 16. of the statutes is created to read:

AB133-SSA1,420,15 23.09 (2) (d) 16. For bluff protection under s. 30.24.

AB133-SSA1, s. 659t Section 659t. 23.09 (2dm) (b) of the statutes is amended to read:

AB133-SSA1,420,20 23.09 (2dm) (b) The department shall allocate at least $1,720,000 of the moneys appropriated under s. 20.866 (2) (tz) in each fiscal year for the acquisition of lands within the boundaries of projects established after January 1, 1988. This paragraph does not apply after June 30, 2000.

AB133-SSA1, s. 661b Section 661b. 23.09 (2p) (b) of the statutes is amended to read:

AB133-SSA1,421,3 23.09 (2p) (b) Beginning July 1, 1990, and except Except as provided in par. (c), an amount of money equal to the value of the donation under par. (a) shall be released from the appropriation under s. 20.866 (2) (ta) or (tz) or both to be used for land acquisition activities for the same project for which any donation was made on or after August 9, 1989. The department shall determine how the moneys being released are to be allocated from these appropriations. This paragraph does not apply to transfers of land from agencies other than the department.

AB133-SSA1, s. 661c Section 661c. 23.09 (2p) (c) of the statutes is renumbered 23.09 (2p) (c) 1. and amended to read:

AB133-SSA1,421,17 23.09 (2p) (c) 1. If the moneys to be released allocated under par. (b) for release from the appropriation under s. 20.866 (2) (tz) to match a donation under par. (b) will exceed the expenditure limit under sub. (2r) for a given fiscal year, as adjusted under s. 23.0915 (2), the department shall release from the moneys appropriated under s. 20.866 (2) (tz) the remaining amount available under the expenditure limit under sub. (2r), as adjusted under s. 23.0915 (2) and after deducting the allocation under sub. (2dm) (b), for the given fiscal year and shall release in each following fiscal year from the moneys appropriated under s. 20.866 (2) (tz) an amount equal to the expenditure limit under sub. (2r), as adjusted under s. 23.0915 (2) and after deducting the allocation under sub. (2dm) (b), or equal to the amount still needed to match the donation, whichever is less, until the entire amount necessary to match the donation is released. This subdivision does not apply after June 30, 2000.

AB133-SSA1, s. 661d Section 661d. 23.09 (2p) (c) 2. of the statutes is created to read:

AB133-SSA1,422,4 23.09 (2p) (c) 2. If the moneys allocated under par. (b) for release from the appropriation under s. 20.866 (2) (ta) to match a donation under par. (b) will exceed the annual bonding authority for the subprogram under s. 23.0917 (3) for a given fiscal year, as adjusted under s. 23.0917 (5), the department shall release from the moneys appropriated under s. 20.866 (2) (ta) the remaining amount available under that annual bonding authority, as adjusted under s. 23.0917 (5), for the given fiscal year and shall release in each following fiscal year from the moneys appropriated under s. 20.866 (2) (ta) an amount equal to that annual bonding authority, as adjusted under s. 23.0917 (5), or equal to the amount still needed to match the donation, whichever is less, until the entire amount necessary to match the donation is released.

AB133-SSA1, s. 661e Section 661e. 23.09 (19) (a) 2. of the statutes is amended to read:

AB133-SSA1,422,8 23.09 (19) (a) 2. "Local governmental Governmental unit" means a city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q), or public inland lake protection and rehabilitation district or the Kickapoo reserve management board.

AB133-SSA1, s. 661f Section 661f. 23.09 (19) (a) 3. of the statutes is created to read:

AB133-SSA1,422,11 23.09 (19) (a) 3. "Nature-based outdoor recreation" has the meaning given by the department by rule under s. 23.0917 (4) (f).

AB133-SSA1, s. 661g Section 661g. 23.09 (19) (b) of the statutes is amended to read:

AB133-SSA1,422,17 23.09 (19) (b) Any local governmental unit may apply for state aid for the acquisition of lands and rights in lands for urban green space. Each application shall include a comprehensive description of the proposal for urban green space acquisition, plans for development and management of the land and any other information required by the department.

AB133-SSA1, s. 661h Section 661h. 23.09 (19) (c) (intro.) of the statutes is amended to read:

AB133-SSA1,422,21 23.09 (19) (c) (intro.) The department may approve award grants from the appropriation under s. 20.866 (2) (tz) for the acquisition of land or rights in land for urban green space under this subsection for the following purposes:

AB133-SSA1, s. 661i Section 661i. 23.09 (19) (cg) of the statutes is created to read:

AB133-SSA1,423,2 23.09 (19) (cg) The department may award grants from the appropriation under s. 20.866 (2) (ta) for the acquisition of land or rights in land for urban green space under this subsection only for the purposes of nature-based outdoor recreation.

AB133-SSA1, s. 661j Section 661j. 23.09 (19) (d) of the statutes is amended to read:

AB133-SSA1,423,7 23.09 (19) (d) Grants under this subsection shall be for up to 50% of the cost of acquiring acquisition costs of the land or the rights in land for the urban green space. The local governmental unit is responsible for the remainder of the acquisition cost costs.

AB133-SSA1, s. 661k Section 661k. 23.09 (19) (e) of the statutes is amended to read:

AB133-SSA1,423,13 23.09 (19) (e) As part of its approval of a grant, the department shall specify for which of the purposes listed in par. (c) the local governmental unit may use the land or the rights in the land acquired with the grant. The local governmental unit may not convert the land or the rights in the land acquired under this subsection to a use that is inconsistent with the uses as approved by the department.

AB133-SSA1, s. 661L Section 661L. 23.09 (19) (f) of the statutes is renumbered 23.09 (19) (f) 1. and amended to read:

AB133-SSA1,423,17 23.09 (19) (f) 1. Title Except as provided in subd. 2., title to land or to rights in land acquired under this subsection shall vest in the local governmental unit.

AB133-SSA1, s. 661m Section 661m. 23.09 (19) (f) 2. of the statutes is created to read:

AB133-SSA1,423,20 23.09 (19) (f) 2. Land or rights in land acquired under this subsection by the Kickapoo reserve management board shall vest in the state.

AB133-SSA1, s. 661n Section 661n. 23.09 (19) (h) of the statutes is amended to read:

AB133-SSA1,423,24 23.09 (19) (h) The department may not approve a grant under this subsection unless the urban green space is identified in any master plan that the local governmental unit may have.

AB133-SSA1, s. 661o Section 661o. 23.09 (19) (j) of the statutes is amended to read:

AB133-SSA1,424,4 23.09 (19) (j) Any local governmental unit that acquires an area for gardening with a grant under this subsection may charge fees for use of the garden that are sufficient to recover the costs of maintaining the area. The local governmental unit may reduce or waive any fee charged based on the user's inability to pay.

AB133-SSA1, s. 661p Section 661p. 23.09 (19) (k) of the statutes is amended to read:

AB133-SSA1,424,9 23.09 (19) (k) Except as provided in s. 23.0915 (2), the department may not expend from the appropriation under s. 20.866 (2) (tz) more than $750,000 in each fiscal year for urban green space under this subsection and for grants for urban green space under s. 23.096.

AB133-SSA1, s. 661q Section 661q. 23.09 (19) (L) of the statutes is created to read:

AB133-SSA1,424,12 23.09 (19) (L) The department may not award a grant from the appropriation under s. 20.866 (2) (tz) to the Kickapoo reserve management board.

AB133-SSA1, s. 661u Section 661u. 23.09 (20) (a) of the statutes is renumbered 23.09 (20) (am) and amended to read:

AB133-SSA1,424,23 23.09 (20) (am) Any city, village, town or county governmental unit may apply for state aids for the acquisition and development of recreational lands and rights in lands. State aids under this subsection that are expended from the appropriation under s. 20.866 (2) (ta) may only be used for nature-based outdoor recreation. State aids received by a municipality shall be used for the development of its park system in accordance with priorities based on comprehensive plans submitted with the application and consistent with the outdoor recreation program under s. 23.30. The An application under this subsection shall be made in the manner the department prescribes.

AB133-SSA1, s. 661v Section 661v. 23.09 (20) (ab) of the statutes is created to read:

AB133-SSA1,424,25 23.09 (20) (ab) In this subsection:

AB133-SSA1,425,2 1. "Governmental unit" means a municipality or the Kickapoo reserve management board.

AB133-SSA1,425,3 2. "Municipality" means a city, village, town or county.

AB133-SSA1,425,5 3. "Nature-based outdoor recreation" has the meaning given by the department by rule under s. 23.0917 (4) (f).

AB133-SSA1, s. 661w Section 661w. 23.09 (20) (b) of the statutes is amended to read:

AB133-SSA1,425,18 23.09 (20) (b) State aid under this subsection is limited to no more than 50% of the cost of acquiring acquisition costs and developing the development costs of recreation lands and other outdoor recreation facilities. Costs associated with operation and maintenance of parks and other outdoor recreational facilities established under this subsection are not eligible for state aid. Administrative costs of acquiring lands or land rights are not included in the "cost of land" acquisition costs eligible for state aid under this subsection. Title to lands or rights in lands acquired by a municipality under this subsection shall vest in the local unit of government municipality, but such land shall not be converted to uses inconsistent with this subsection without prior approval of the state and proceeds from the sale or other disposal of such lands shall be used to promote the objectives of this subsection.

AB133-SSA1, s. 661x Section 661x. 23.09 (20) (d) of the statutes is amended to read:

AB133-SSA1,425,23 23.09 (20) (d) Except as provided in s. 23.0915 (2), the department may not expend from the appropriation under s. 20.866 (2) (tz) more than $2,250,000 each fiscal year for local park aids under this subsection and for grants for this purpose under s. 23.096.

AB133-SSA1, s. 661y Section 661y. 23.09 (20) (e) of the statutes is created to read:

AB133-SSA1,426,3 23.09 (20) (e) The department may not award state aid under this subsection from the appropriation under s. 20.866 (2) (tz) to the Kickapoo reserve management board.

AB133-SSA1, s. 661z Section 661z. 23.09 (20m) of the statutes is created to read: