Amendment ASA1-SB55

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:

SB55-ASA1,535,23 40.04 (10) An accumulated sick leave conversion account shall be maintained within the fund, to which shall be credited all money received under s. 40.05 (4) (b), (bc), (bf), (bm), (br), and (bw) for health insurance premiums, as dividends or premium credits arising from the operation of health insurance plans and from investment income on any reserves established in the fund for health insurance purposes for retired employees and their surviving dependents. Premium payments to health insurers authorized in s. 40.05 (4) (b), (bc), (bf), (bm) , and (bw) shall be charged to this account. The department shall separately account for premium payments authorized under s. 40.05 (4) (bf) for purposes of reimbursement from the appropriation under s. 20.515 (1) (b). This subsection does not prohibit the direct payment of premiums to insurers when appropriate administrative procedures have been established for direct payments.

SB55-ASA1, s. 846 Section 846. 40.85 (2) (g) of the statutes is amended to read:

SB55-ASA1,536,3 40.85 (2) (g) Deposit into the account appropriate accounts established under s. 40.04 (9m) (a) that part of an employee's gross compensation that the employee wants placed in an each employee-funded reimbursement account.

SB55-ASA1, s. 847 Section 847. 40.86 (4) of the statutes is created to read:

SB55-ASA1,536,6 40.86 (4) Transportation expenses authorized under section 132 of the Internal Revenue Code.

SB55-ASA1, s. 1400r Section 1400r. 41.17 (6) of the statutes is created to read:

SB55-ASA1,536,11 41.17 (6) Funding for state historical society. The state historical society shall be eligible for funds under this section for any project related to a historic site listed in s. 44.20 (1), regardless of whether program revenues under s. 20.245 are also used for the project.

SB55-ASA1, s. 1403m Section 1403m. 41.19 of the statutes is repealed.

SB55-ASA1, s. 1404f Section 1404f. 41.41 (13) of the statutes is created to read:

SB55-ASA1,536,20 41.41 (13) Report on generating revenue and resubmitting building plans. After consulting with the department of natural resources and any tribal government with whom the Kickapoo reserve management board or the Lower Wisconsin State Riverway board has entered into a memorandum of understanding, the Kickapoo reserve management board, in conjunction with the Lower Wisconsin State Riverway board, shall prepare and submit to the building commission and to the joint committee on finance a report that includes all of the following:

SB55-ASA1,536,22 (a) Recommendations on how revenue may be generated to cover the operational costs of the 2 boards through hunting, camping, or parking or other fees.

SB55-ASA1,536,24 (b) Resubmission of plans for building facilities that, given their close proximity, have their own individual emphases.

SB55-ASA1, s. 848 Section 848. 42.035 of the statutes is amended to read:

SB55-ASA1,537,14 42.035 Treatment of certain state fair park board employees. Notwithstanding s. 230.08 (2) (pm), those employees holding positions in the classified service at the state fair park board on October 29, 1999, who have achieved permanent status in class before that date, shall retain, while serving in the unclassified service at the state fair park board, those protections afforded employees in the classified service under ss. 230.34 (1) (a) and 230.44 (1) (c) relating to demotion, suspension, discharge, layoff or reduction in base pay. Such employees shall also be eligible for transfer under s. 230.29 and shall have reinstatement privileges to the classified service under s. 230.33 (1m). Those employees of the state fair park board on October 29, 1999, who have not achieved permanent status in class in any position at the state fair park board on that date are eligible to receive the protections, privileges and rights preserved under this section if they successfully complete service equivalent to the probationary period required in the classified service for the position that they hold on that date.

SB55-ASA1, s. 1405m Section 1405m. 42.09 (3) (a) of the statutes is amended to read:

SB55-ASA1,537,19 42.09 (3) (a) The Subject to approval of the building commission when required under s. 13.48 (12), the state fair park board may permit a private person to construct a building, structure or facility in the state fair park under a lease agreement with the board.

SB55-ASA1, s. 849 Section 849. 43.70 (2) of the statutes is amended to read:

SB55-ASA1,537,25 43.70 (2) Annually, within 40 days after December 1 by January 10, the state superintendent shall apportion the amount that is estimated to be appropriated under s. 20.255 (2) (s) in the current school year to the school districts in proportion to the number of persons resident therein, as shown by the report certified under sub. (1).

SB55-ASA1, s. 850 Section 850. 43.70 (3) of the statutes is amended to read: