Amendment ASA1-SB55

SB55-ASA1,523,24 39.15 (1m) The Medical College of Wisconsin, inc., may not encumber funds appropriated in s. 20.250 (1) (b) if doing so would reduce the number of the college's available family medicine residency positions below the number of available family medicine residency positions in the 2000-01 fiscal year.

SB55-ASA1, s. 1380m Section 1380m. 39.30 (3m) (a) of the statutes is amended to read:

SB55-ASA1,524,9 39.30 (3m) (a) No grant awarded under this section may exceed $1,150 per semester or a prorated amount in the case of a quarter or trimester institution, or $2,300 per academic year. The board shall establish the maximum amount of a grant awarded under this subsection. The board may not establish a maximum amount that exceeds the maximum amount in the previous academic year unless the board determines, to the best of its ability, that in doing so the board will award grants under this paragraph in the current academic year to at least as many students as the board awarded grants to under this paragraph in the previous academic year. Grants under this section may not be less than $250 during any one academic year.

SB55-ASA1, s. 833 Section 833. 39.41 (title) of the statutes is repealed and recreated to read:

SB55-ASA1,524,11 39.41 (title) Governor Thompson scholarship program.

SB55-ASA1, s. 1381m Section 1381m. 39.41 (1m) (bm) of the statutes is created to read:

SB55-ASA1,524,17 39.41 (1m) (bm) The school board of a school district operating one or more high schools and the governing body of each private high school may, in lieu of designating a scholar who meets the criteria under par. (a) or nominating a scholar who meets the criteria under par. (b), designate the senior with the highest grade point average in the International Baccalaureate Degree Program as a scholar.

SB55-ASA1, s. 834 Section 834. 39.41 (9) of the statutes is created to read:

SB55-ASA1,524,22 39.41 (9) In any printed material or other information disseminated or otherwise distributed by the board, the scholarship program under this section shall be referred to as the Governor Thompson scholarship program, and scholars shall be referred to as Governor Thompson scholars.

SB55-ASA1, s. 835 Section 835. 39.44 (5) of the statutes is created to read:

SB55-ASA1,525,3 39.44 (5) By November 1, 2001, and annually thereafter, the board shall report to the department of administration on the effectiveness of the program under this section.

SB55-ASA1, s. 836 Section 836. 39.76 (1) of the statutes is amended to read:

SB55-ASA1,525,16 39.76 (1) State representation on the education commission of the states. There is created a 7-member delegation to represent the state of Wisconsin on the education commission of the states. The delegation shall consist of the governor, the state superintendent of public instruction, one senator and one representative to the assembly selected as are the members of standing committees in their respective houses, and 3 members appointed by the governor in compliance with s. 39.75 (3) (a) who shall serve at the pleasure of the governor. The chairperson of the delegation shall be designated by the governor from among its members. Members of the delegation shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties from the appropriation in s. 20.505 (3) (a) (4) (ba). Annual commission membership dues shall be paid from the appropriation in s. 20.505 (3) (a) (4) (ba).

SB55-ASA1, s. 837 Section 837. Subchapter V of chapter 39 [precedes 39.81] of the statutes is created to read:

SB55-ASA1,525,19 chapter 39

SB55-ASA1,525,21 Subchapter V Public broadcasting

SB55-ASA1,525,22 39.81 Definitions. In this subchapter:

SB55-ASA1,525,23 (1) "Association" means the Wisconsin Public Radio Association.

SB55-ASA1,525,24 (2) "Broadcasting corporation" means the corporation specified in s. 39.82 (1).

SB55-ASA1,526,2 (3) "Corporate board" means the board of directors of the broadcasting corporation.

SB55-ASA1,526,3 (4) "Foundation" means the Wisconsin Public Broadcasting Foundation.

SB55-ASA1,526,7 (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 station in this state.

SB55-ASA1,526,8 (6) "Secretary" means the secretary of administration.

SB55-ASA1,526,9 (7) "Transitional board" means the public broadcasting transitional board.

SB55-ASA1,526,11 39.82 Transitional board duties. The transitional board shall do all of the following:

SB55-ASA1,526,14 (1) Draft and file articles of incorporation for a nonstock corporation under ch. 181 and take all actions necessary to exempt the corporation from federal taxation under section 501 (c) (3) of the Internal Revenue Code.

SB55-ASA1,526,16 (2) Provide in the articles of incorporation filed under sub. (1) that the initial directors of the corporate board are the members of the transitional board.

SB55-ASA1,526,17 (3) Draft bylaws for adoption by the corporate board under s. 181.0206 (2).

SB55-ASA1,526,22 (4) 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 and the board of regents of the University of Wisconsin System, except licenses held by the board of regents for student radio, to the broadcasting corporation.

SB55-ASA1,526,24 (5) Negotiate an agreement with the association for the transfer to the broadcasting corporation of funds raised by the association.

SB55-ASA1,527,2 (6) Negotiate an agreement with each friends group in this state for the transfer to the broadcasting corporation of funds raised by the friends group.

SB55-ASA1,527,5 39.83 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):

SB55-ASA1,527,10 (1) Maintain a state system of radio broadcasting for presenting educational, informational, and public service programs; formulate policies regulating the operation of that state system; and coordinate the public radio activities of the various educational and informational agencies, civic groups, and citizens that contribute to the public interest and welfare.

SB55-ASA1,527,13 (2) 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.

SB55-ASA1,527,16 (3) Maintain a comprehensive state plan for the orderly operation of a statewide television system for presenting noncommercial instructional programs that will best serve the interests of the state.

SB55-ASA1,527,19 (4) Work with the educational agencies and institutions of the state as reviewer, adviser, and coordinator of their joint efforts to meet the educational needs of the state through radio and television.

SB55-ASA1,527,22 (5) Furnish leadership in securing adequate funding for statewide joint use of radio and television for educational and cultural purposes, including funding for media programming for broadcast over the state networks.

SB55-ASA1,528,2 (6) Lease, purchase, or construct radio and television facilities for joint use with state and local agencies, including facilities such as broadcast network and production facilities, network interconnection or relay equipment, mobile units, and other equipment available for statewide use.

SB55-ASA1,528,4 (7) Maintain radio and television transmission equipment in order to provide broadcast service to all areas of this state.

SB55-ASA1,528,7 (8) Establish and maintain a continuing evaluation of the effectiveness of the joint efforts of all participating educational institutions in terms of jointly established goals in the area of educational radio and television.

SB55-ASA1,528,10 (9) Act as an information source for educational radio and television activities in this state and provide such information to legislators, government offices, educational institutions, and the general public.

SB55-ASA1,528,13 (10) 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.

SB55-ASA1,528,15 (11) Enter into a contract with board of regents of the University of Wisconsin System under s. 36.25 (5m) (b).

SB55-ASA1,528,16 (12) Make the most effective use of its digital broadcasting spectrum.

SB55-ASA1,528,18 39.84 State aid. (1) The broadcasting corporation may receive state aid under s. 20.218 (1) if all of the following are satisfied:

SB55-ASA1,528,24 (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.

SB55-ASA1,529,2 (b) The broadcasting corporation initially adopts the bylaws drafted by the transitional board under s. 39.82 (3).

SB55-ASA1,529,6 (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.

SB55-ASA1,529,9 (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.

SB55-ASA1,529,13 (e) The broadcasting corporation provides the secretary of administration, the legislative audit bureau, and the legislative fiscal bureau access to all of the broadcasting corporation's records, as defined in s. 19.32 (2), except records identifying the names of private donors.

SB55-ASA1,529,21 (f) 1. If the broadcast licenses of the educational communications board are transferred to the broadcasting corporation, 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 and the broadcasting corporation pays any outstanding state debt related to the state office building as defined under s. 39.86 (1).

SB55-ASA1,530,3 2. If the broadcast licenses of the board of regents of the University of Wisconsin System, other than licenses for student radio, are transferred to the broadcasting corporation, the broadcasting corporation carries out any obligation of the board of regents of the University of Wisconsin System under any contract entered into by the board of regents of the University of Wisconsin System 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.

SB55-ASA1,530,5 (2) The secretary of administration shall pay aid under s. 20.218 (1) to the broadcasting corporation in installments, as determined by the secretary.

SB55-ASA1,530,7 39.86 Transfer provisions. (1) In this section, "state office building" means the state office building located at 3319 West Beltline Highway in Dane County.

SB55-ASA1,530,11 (2) (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:

SB55-ASA1,530,17 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 to the broadcasting corporation. A transfer under this subdivision takes effect on on the effective date of the last license transferred, as determined by the secretary of administration under s. 39.87 (2) (a).

SB55-ASA1,530,20 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.

SB55-ASA1,530,24 3. The assets of the state that, as determined by the secretary of administration, are used by the educational communications board for the operation of an emergency weather warning system are transferred to the department of administration.

SB55-ASA1,531,2 (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.

SB55-ASA1,531,12 (2m) (a) If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses, except licenses for student radio, held by the board of regents of the University of Wisconsin System to the broadcasting corporation, any asset of the state, other than the state office building and the assets specified in sub. (2) (a) 3., that is used by the board of regents of the University of Wisconsin System and that, as determined by the secretary of administration, is not a shared asset, as defined in s. 16.26 (1) (b), is transferred to the broadcasting corporation. A transfer under this paragraph shall take effect on on the effective date of the last license transferred as determined by the secretary of administration under s. 39.87 (2) (b).

SB55-ASA1,531,14 (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.

SB55-ASA1,531,19 (3) 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. 39.87 (2) (a):

SB55-ASA1,531,23 (a) To the appropriation account under s. 20.218 (1), 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).

SB55-ASA1,532,3 (b) To the appropriation account under s. 20.505 (9) (a), 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 (9) (a) are increased by the amount transferred from the appropriation account under s. 20.225 (1) (kb).

SB55-ASA1,532,8 (c) To the appropriation account under s. 20.505 (9) (k), 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 (9) (k).

SB55-ASA1,532,18 (4) 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 employees holding the positions are transferred to the department of administration. Employees transferred under this subsection have all rights and the same status under subch. V of ch. 111 and ch. 230 that they enjoyed in the educational communications board. Notwithstanding s. 230.28 (4), no employee so transferred who has attained permanent status in class may be required to serve a probationary period.

SB55-ASA1,532,23 (5) All employees 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 employees who are providing services are supervised solely by the broadcasting corporation.

SB55-ASA1,532,25 39.87 License transfer determination. The secretary shall determine each of the following:

SB55-ASA1,533,4 (1) Whether the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board and the board of regents of the University of Wisconsin System, except licenses held by the board of regents for student radio, to the broadcasting corporation.

SB55-ASA1,533,8 (2) (a) If the secretary determines that the federal communications commission has approved the transfer of all the broadcasting licences held by the educational communications board to the broadcasting corporation, the effective date of the transfer of the last license transferred to the broadcasting corporation.

SB55-ASA1,533,13 (b) If the secretary determines that the federal communications commission has approved the transfer of all the broadcasting licences, except licenses for student radio, held by the board of regents of the University of Wisconsin System to the broadcasting corporation, the effective date of the transfer of the last license transferred to the broadcasting corporation.

SB55-ASA1, s. 838 Section 838. 40.02 (26g) of the statutes is renumbered 40.02 (26g) (intro.) and amended to read:

SB55-ASA1,533,17 40.02 (26g) (intro.) "Employee-funded reimbursement account plan" means a any of the following:

SB55-ASA1,533,21 (a) A plan in accordance with section 125 of the internal revenue code Internal Revenue Code under which an employee may direct an employer to place part of the employee's gross compensation in an account to pay for certain future expenses of the employee under section 125 of the internal revenue code Internal Revenue Code.

SB55-ASA1, s. 839 Section 839. 40.02 (26g) (b) of the statutes is created to read:

SB55-ASA1,534,2 40.02 (26g) (b) A plan in accordance with section 132 of the Internal Revenue Code under which an employee may direct an employer to place part of the employee's gross compensation in an account to pay for certain future expenses of the employee under section 132 of the Internal Revenue Code.

SB55-ASA1, s. 840 Section 840. 40.02 (54) (i) of the statutes is created to read:

SB55-ASA1,534,4 40.02 (54) (i) The Fox River Navigational System Authority.

SB55-ASA1, s. 841 Section 841. 40.03 (2) (v) of the statutes is created to read:

SB55-ASA1,534,14 40.03 (2) (v) May settle any dispute in an appeal of a determination made by the department that is subject to review under sub. (1) (j), (6) (i), (7) (f), or (8) (f), or s. 40.80 (2g), but only with the approval of the board having the authority to accept the appeal. In deciding whether to settle such a dispute, the secretary shall consider the cost of litigation, the likelihood of success on the merits, the cost of delay in resolving the dispute, the actuarial impact on the trust fund, and any other relevant factor the secretary considers appropriate. Any moneys paid by the department to settle a dispute under this paragraph shall be paid from the appropriation account under s. 20.515 (1) (r).

SB55-ASA1, s. 842 Section 842. 40.03 (2) (w) of the statutes is created to read:

SB55-ASA1,534,22 40.03 (2) (w) If the secretary determines that an otherwise eligible participant has unintentionally forfeited or otherwise involuntarily ceased to be eligible for any benefit provided under this chapter principally because of an error in administration by the department, may order the correction of the error to prevent inequity. A decision under this paragraph is not subject to review. The secretary shall submit a quarterly report to the employee trust funds board on decisions made under this paragraph.

SB55-ASA1, s. 843 Section 843. 40.04 (9m) (a) of the statutes is amended to read:

SB55-ASA1,534,25 40.04 (9m) (a) Maintain a separate account in the fund for the each employee-funded reimbursement account plan authorized under subch. VIII.

SB55-ASA1, s. 844 Section 844. 40.04 (9m) (b) of the statutes is amended to read:

SB55-ASA1,535,5 40.04 (9m) (b) Credit to the account appropriate accounts established under par. (a) money received from employees in connection with the each employee-funded reimbursement account plan and income from investment of the reserves in the account.

SB55-ASA1, s. 845 Section 845. 40.04 (9m) (c) of the statutes is amended to read:

SB55-ASA1,535,10 40.04 (9m) (c) Charge to the account appropriate accounts established under par. (a) payments made to reimburse employee-funded reimbursement account plan providers for payments made to employees under the each employee-funded reimbursement account plan under subch. VIII.

SB55-ASA1, s. 1398m Section 1398m. 40.04 (10) of the statutes is amended to read: