Amendment ASA1-SB55

SB55-ASA1,1025,18 (c) Accept for investment moneys received by the authority for rehabilitation and repair under s. 237.08 and invest the moneys at a rate of return that the authority finds adequate to enable the authority to exercise its duties and powers in rehabilitating and repairing the navigational system.

SB55-ASA1,1025,20 (3) If the authority contracts with more than one corporation under s. 237.03 (1) (e), all of the corporations shall make the effort to raise the total of $2,750,000.

SB55-ASA1,1025,24 237.10 Rapide Croche lock. (1) Upon entering into the lease under s. 237.06, the authority shall maintain the sea lamprey barrier at the Rapide Croche lock according to specifications of the department of natural resources in order to prevent sea lampreys and other aquatic nuisance from moving upstream.

SB55-ASA1,1026,5 (2) If the authority decides to construct a means to transport watercraft around the Rapide Croche lock, the authority shall develop a plan for the construction that includes steps to be taken to control sea lampreys and other aquatic nuisance species. The authority shall submit the plan to the department of natural resources and may not implement the plan unless it has been approved by the department.

SB55-ASA1,1026,15 237.11 Political activities. (1) No employee of the authority may directly or indirectly solicit or receive subscriptions or contributions for any partisan political party or any political purpose while engaged in his or her official duties as an employee. No employee of the authority may engage in any form of political activity calculated to favor or improve the chances of any political party or any person seeking or attempting to hold partisan political office while engaged in his or her official duties as an employee or engage in any political activity while not engaged in his or her official duties as an employee to such an extent that the person's efficiency during working hours will be impaired or that he or she will be tardy or absent from work. Any violation of this section is adequate grounds for dismissal.

SB55-ASA1,1026,19 (2) If an employee of the authority declares an intention to run for partisan political office the employee shall be placed on a leave of absence for the duration of the election campaign and if elected shall no longer be employed by the authority on assuming the duties and responsibilities of such office.

SB55-ASA1,1026,21 (3) An employee of the authority may be granted by the chief executive officer a leave of absence to participate in partisan political campaigning.

SB55-ASA1,1026,24 (4) Persons on leave of absence under sub. (2) or (3) shall not be subject to the restrictions of sub. (1), except as they apply to the solicitation of assistance, subscription, or support from any other employee in the authority.

SB55-ASA1,1027,4 237.12 Liability limited. (1) Neither the state nor any political subdivision of the state nor any officer, employee, or agent of the state or a political subdivision who is acting within the scope of employment or agency is liable for any debt, obligation, act, or omission of the authority.

SB55-ASA1,1027,6 (2) All of the expenses incurred by the authority in exercising its duties and powers under this chapter shall be payable only from funds of the authority.

SB55-ASA1,1027,8 237.13 Exemption. (1) In this section, "lock structure" includes a spillway of a lock and excludes the canal body of a lock.

SB55-ASA1,1027,11 (2) Any activity or work that is performed on a lock structure that is part of the navigational system is exempt from any permit or other approval required under ch. 30 or 31.

SB55-ASA1,1027,19 237.14 Abandonment. If the authority determines the operation of the navigational system is no longer feasible, the authority shall submit a plan to the department of administration and to the department of natural resources describing the steps the authority will take in abandoning the navigational system. The navigational system may not be abandoned unless both the department of administration and the department of natural resources determine that the plan for abandonment will preserve the public rights in the Fox River, will ensure safety, and will protect life, health, and property.

SB55-ASA1,1027,24 237.15 Transitional provisions. (1) Funding. The department of administration shall transfer the unencumbered balances in the appropriation accounts under s. 20.370 (9) (jL) and (ju) to the authority on the day after the date on which the state and the authority enter into the lease agreement specified in s. 237.06.

SB55-ASA1,1028,3 (2) Transfers. (a) The chairperson of the Fox River management commission and the chairperson of the board of directors of the authority, acting jointly, shall identify all of the following that will transfer from the commission to the authority:

SB55-ASA1,1028,4 1. Any assets and liabilities of the commission.

SB55-ASA1,1028,5 2. Any tangible personal property, including records, of the commission.

SB55-ASA1,1028,8 3. Any contracts entered into by the commission, and any policies and procedures of the commission that will be in effect on the day after the date on which the state and the authority enter into the lease agreement specified in s. 237.06.

SB55-ASA1,1028,12 (b) On the day after the date on which the state and the authority enter into the lease agreement specified in s. 237.06, all of the assets, liabilities, and personal property identified for transfer under par. (a) 1. and 2. shall become the assets, liabilities, and personal property of the authority.

SB55-ASA1,1028,17 (c) On the day after the date on which the state and the authority enter into the lease agreement specified in s. 237.06, all the contracts identified under par. (a) 3. shall remain in effect and the authority shall, beginning on that day, carry out any such contractual obligations until modified or rescinded to the extent allowed under the contract.

SB55-ASA1,1028,21 (d) On the day after the date on which the state and the authority enter into the lease agreement specified in s. 237.06, all policies and procedures identified in par. (a) 3. shall become policies and procedures of the authority and shall remain in effect until their expiration date or until modified or rescinded by the authority.

SB55-ASA1,1028,24 (e) In case of disagreement with respect to any matter specified in pars. (a) to (d), the secretary of administration shall determine the matter and shall develop a plan for an orderly transfer of the item subject to the disagreement.

SB55-ASA1, s. 3128m Section 3128m. Chapter 247 of the statutes is created to read:

SB55-ASA1,1029,3 chapter 247 Wisconsin Artistic Endowment Foundation

SB55-ASA1,1029,5 247.02 Definition. In this chapter, "foundation" means the Wisconsin Artistic Endowment Foundation.

SB55-ASA1,1029,10 247.03 Creation and organization. (1) There is created a public body corporate and politic, to be known as the "Wisconsin Artistic Endowment Foundation." The foundation shall be a nonprofit corporation organized under ch. 181 so that contributions to it are deductible from adjusted gross income under section 170 of the Internal Revenue Code.

SB55-ASA1,1029,12 (2) The board of directors of the foundation shall consist of the following persons:

SB55-ASA1,1029,18 (a) Eight nominees of the governor, who are residents of this state, represent the diverse artistic interests of the people of this state, and represent each of the geographic regions of the state, appointed for 7-year terms with the advice and consent of the senate. At least one of the nominees shall be knowledgeable in marketing and fund raising. Each member appointed under this paragraph may hold office until a successor is appointed.

SB55-ASA1,1029,19 (b) The chairperson of the arts board or the chairperson's designee.

SB55-ASA1,1029,20 (c) The executive secretary of the arts board as a nonvoting member.

SB55-ASA1,1029,22 (d) Two representatives to the assembly, one appointed by the speaker of the assembly and one appointed by the minority leader of the assembly.

SB55-ASA1,1029,24 (e) Two senators, one appointed by the majority leader of the senate and one appointed by the minority leader of the senate.

SB55-ASA1,1030,7 (3) The board of directors holds the powers of the foundation. The members of the board of directors shall annually elect a chairperson and may elect other officers as they consider appropriate. Seven voting members of the board of directors constitute a quorum for the purpose of conducting the business and exercising the powers of the foundation, notwithstanding the existence of any vacancy. The board of directors may take action upon a vote of a majority of the voting members present, unless the bylaws of the foundation require a larger number.

SB55-ASA1,1030,10 (4) No member of the board of directors may receive compensation for performing his or her duties. Each member shall be reimbursed for actual and necessary expenses, including travel expenses, incurred in performing those duties.

SB55-ASA1,1030,13 247.05 General powers and duties. (1) Except as otherwise provided in this chapter, the foundation has all of the powers necessary and convenient to carry out its duties under sub. (2) and s. 247.06, including the power to do all of the following:

SB55-ASA1,1030,14 (a) Make, amend, and repeal bylaws for the conduct of its affairs.

SB55-ASA1,1030,15 (b) Adopt a seal and alter that seal.

SB55-ASA1,1030,16 (c) Sue and be sued.

SB55-ASA1,1030,17 (d) Maintain an office.

SB55-ASA1,1030,18 (e) Solicit and accept donations of money, property, and art objects.

SB55-ASA1,1030,19 (f) Execute contracts and other instruments.

SB55-ASA1,1030,21 (g) Employ legal, financial, technical, or other experts and any other necessary employees, and fix their qualifications, duties, and compensation.

SB55-ASA1,1030,23 (h) Establish arts programs with the advice of the arts board and statewide arts organizations.

SB55-ASA1,1030,25 (i) Convert any noncash gift, grant, bequest, or other contribution to the foundation to cash.

SB55-ASA1,1031,1 (2) The foundation shall do all of the following:

SB55-ASA1,1031,4 (a) In carrying out its responsibilities under this chapter, ensure to the greatest extent possible the equitable distribution of funds and other support among all of the following:

SB55-ASA1,1031,5 1. The various geographic regions of the state.

SB55-ASA1,1031,6 2. Urban, suburban, and rural areas of the state.

SB55-ASA1,1031,7 3. The various ethnic, racial, and cultural groups of the state.

SB55-ASA1,1031,10 (b) Appoint a licensed appraiser to evaluate each donated art object to establish the current value of, potential appreciation of, degree of risk in holding, and recommended timing for sale of, the art object.

SB55-ASA1,1031,11 (c) Adopt bylaws for accepting restricted donations.

SB55-ASA1,1031,14 (d) Annually submit to the governor and to the presiding officer of each house of the legislature an audited financial statement of the operations of the foundation, prepared in accordance with generally accepted accounting principles.

SB55-ASA1,1031,15 (e) Contract for all education and marketing activities.

SB55-ASA1,1031,19 (f) Deposit in the state treasury all cash, gifts, grants, bequests, or other contributions made to the foundation, and all noncash gifts, grants, bequests, or other contributions made to the foundation that have been converted to cash under sub. (1) (i).

SB55-ASA1,1031,22 (g) Biennially review the foundation's priorities for expenditures under s. 247.06 (1) (b) and report those priorities to the presiding officer of each house of the legislature.

SB55-ASA1,1032,2 247.06 Support of arts programs. (1) (a) The foundation may distribute moneys appropriated under s. 20.220 (1) (r) to the arts board for programs that provide operating support to arts organizations and for the Wisconsin regranting program under s. 44.62.

SB55-ASA1,1032,8 (b) The foundation may distribute moneys appropriated under s. 20.220 (1) (r) to an arts program established under s. 247.05 (1) (h) if the program is reviewed biennially by the foundation with the advice of the arts board and statewide arts organizations. To the extent possible, the programs funded under this paragraph shall use existing arts board mechanisms and staff for administering and distributing the moneys.

SB55-ASA1,1032,11 (2) (a) Of the total amount distributed by the foundation under sub. (1) in any fiscal year that constitutes earnings on unrestricted donations, the foundation shall distribute at least 50% to the arts board under sub. (1) (a).

SB55-ASA1,1032,15 (b) The foundation may not distribute moneys to the arts board under sub. (1) (a) in any fiscal year in which the foundation determines that the amount of general purpose revenue appropriated to the arts board under s. 20.215 is less than the amount appropriated in the previous fiscal year.

SB55-ASA1,1032,17 247.07 Dissolution. The foundation may not dissolve and wind up its affairs unless the legislature enacts a law ordering dissolution.

SB55-ASA1, s. 1566 Section 1566. 252.12 (title) of the statutes is amended to read:

SB55-ASA1,1032,21 252.12 (title) Services relating to acquired immunodeficiency syndrome HIV and related infections, including hepatitis C virus infections; services and prevention.

SB55-ASA1, s. 1567 Section 1567. 252.12 (2) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,1033,2 252.12 (2) (a) Acquired immunodeficiency syndrome HIV and related infections, including hepatitis C virus infections; services. (intro.) From the appropriations under s. 20.435 (1) (a) and (5) (am), the department shall distribute funds for the provision of services to individuals with or at risk of contracting acquired immunodeficiency syndrome HIV infection, as follows:

SB55-ASA1, s. 1568 Section 1568. 252.12 (2) (a) 1. of the statutes is amended to read:

SB55-ASA1,1033,8 252.12 (2) (a) 1. `Partner referral and notification.' The department shall contact an individual known to have received an HIV infection and encourage him or her to refer for counseling and, HIV testing, and, if appropriate, testing for hepatitis C virus infection any person with whom the individual has had sexual relations or has shared intravenous equipment.

SB55-ASA1, s. 1569 Section 1569. 252.12 (2) (a) 2. of the statutes is amended to read:

SB55-ASA1,1033,15 252.12 (2) (a) 2. `Grants to local projects.' The department shall make grants to applying organizations for the provision of acquired immunodeficiency syndrome HIV and related infection prevention information, the establishment of counseling support groups and the provision of direct care to persons with acquired immunodeficiency syndrome HIV infection, including those persons with hepatitis C virus infection.

SB55-ASA1, s. 1570 Section 1570. 252.12 (2) (a) 3. (intro.) of the statutes is amended to read:

SB55-ASA1,1034,2 252.12 (2) (a) 3. `Statewide public education campaign.' (intro.) The department shall promote public awareness of the risk of contracting acquired immunodeficiency syndrome HIV and related infections and measures for acquired immunodeficiency syndrome HIV and related infections protection by development and distribution of information through clinics providing family planning services, as defined in s. 253.07 (1) (b), offices of physicians and clinics for sexually transmitted diseases and by newsletters, public presentations or other releases of information to newspapers, periodicals, radio and television stations and other public information resources. The information would shall be targeted at individuals whose behavior puts them at risk of contracting acquired immunodeficiency syndrome HIV and related infections and would shall encompass the following topics:

SB55-ASA1, s. 1571 Section 1571. 252.12 (2) (a) 3. a. of the statutes is amended to read:

SB55-ASA1,1034,5 252.12 (2) (a) 3. a. Acquired immunodeficiency syndrome and HIV infection and related infections.

SB55-ASA1, s. 1572 Section 1572. 252.12 (2) (a) 3. b. of the statutes is amended to read:

SB55-ASA1,1034,8 252.12 (2) (a) 3. b. Means of identifying whether or not individuals may be at risk of contracting acquired immunodeficiency syndrome HIV and related infections.

SB55-ASA1, s. 1573 Section 1573. 252.12 (2) (a) 3. c. of the statutes is amended to read:

SB55-ASA1,1034,11 252.12 (2) (a) 3. c. Measures individuals may take to protect themselves from contracting acquired immunodeficiency syndrome HIV and related infections.

SB55-ASA1, s. 1574 Section 1574. 252.12 (2) (a) 4. of the statutes is amended to read:

SB55-ASA1,1034,16 252.12 (2) (a) 4. `Information network.' The department shall establish a network to provide information to local health officers and other public officials who are responsible for acquired immunodeficiency syndrome HIV infection and related infection prevention and training.

SB55-ASA1, s. 1575 Section 1575. 252.12 (2) (a) 5. of the statutes is amended to read:

SB55-ASA1,1034,24 252.12 (2) (a) 5. `HIV seroprevalence studies.' The department shall perform tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and, if appropriate, related infections and shall conduct behavioral surveys among population groups determined by the department to be highly at risk of becoming infected with or transmitting HIV and related infections. Information obtained shall be used to develop targeted HIV infection and related infection prevention efforts for these groups and to evaluate the state's prevention strategies.

SB55-ASA1, s. 1576 Section 1576. 252.12 (2) (a) 6. of the statutes is amended to read:

SB55-ASA1,1035,6 252.12 (2) (a) 6. `Grants for targeted populations and intervention services.' The department shall make grants to those applying organizations determined by that the department to be determines are best able to contact individuals who are determined to be highly at risk of contracting acquired immunodeficiency syndrome HIV for the provision of acquired immunodeficiency syndrome HIV and related infection information and intervention services.

SB55-ASA1, s. 1577 Section 1577. 252.12 (2) (a) 7. of the statutes is amended to read:

SB55-ASA1,1035,12 252.12 (2) (a) 7. `Contracts for counseling and laboratory testing services.' The department shall distribute funding in each fiscal year to contract with organizations to provide, at alternate testing sites, anonymous or confidential counseling services for HIV and laboratory testing services for the presence of HIV and, if appropriate, related viruses.

SB55-ASA1, s. 1578 Section 1578. 252.12 (2) (c) 2. of the statutes is amended to read:

SB55-ASA1,1035,21 252.12 (2) (c) 2. From the appropriation under s. 20.435 (5) (am), the department shall award $75,000 in each fiscal year as grants for services to prevent HIV infection and related infections, including hepatitis C virus infection. Criteria for award of the grants shall include the criteria specified under subd. 1. The department shall award 60% of the funding to applying organizations that receive funding under par. (a) 8. and 40% of the funding to applying community-based organizations that are operated by minority group members, as defined in s. 560.036 (1) (f).

SB55-ASA1, s. 1579 Section 1579. 252.12 (2) (c) 3. of the statutes is amended to read:

SB55-ASA1,1036,2 252.12 (2) (c) 3. From the appropriation under s. 20.435 (5) (am), the department shall award to the African American AIDS task force of the Black Health Coalition of Wisconsin, Inc., $25,000 in each fiscal year as grants for services to prevent HIV infection and related infections, including hepatitis C infection.

SB55-ASA1, s. 3142m Section 3142m. 253.065 of the statutes is created to read: