Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,254,5 561. Page 425, line 18: after that line insert:

SB55-ASA1-AA1,254,7 " Section 983b. 20.903 (2) (b) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,254,16 20.903 (2) (b) Notwithstanding sub. (1), liabilities may be created and moneys expended from the appropriations under ss. 20.370 (8) (mt) (1) (st), 20.375 (2) (uk), 20.395 (4) (eq), (er) and (es) and 20.505 (1) (im), (ka), (kb), and (kc) in an additional amount not exceeding the depreciated value of equipment for operations financed under ss. 20.370 (8) (mt) (1) (st), 20.375 (2) (uk), 20.395 (4) (eq), (er) and (es) and 20.505 (1) (im), (ka), (kb), and (kc). The secretary of administration may require such statements of assets and liabilities as he or she deems necessary before approving expenditure estimates in excess of the unexpended moneys in the appropriation account.

SB55-ASA1-AA1, s. 983e Section 983e. 20.9045 (title) of the statutes is amended to read:

SB55-ASA1-AA1,254,19 20.9045 (title) Department of natural resources fish, wildlife, parks, and forestry; appropriations; program balances; revenues.

SB55-ASA1-AA1, s. 983j Section 983j. 20.916 (3) of the statutes is amended to read:

SB55-ASA1-AA1,255,10 20.916 (3) Furnishing of group transportation to place of work. The department of health and family services, the department of corrections and the department of natural resources fish, wildlife, parks, and forestry may, with the approval of the governor and the department of administration, provide group transportation, in the absence of convenient and public scheduled transportation, for employees to and from the Mendota and Winnebago mental health institutes and the centers for the developmentally disabled in the case of employees of the department of health and family services, to the Ethan Allen School, the Taycheedah Correctional Institution and the Fox Lake Correctional Institution in the case of employees of the department of corrections, and to and from its temporary branch offices located at the Nevin fish hatchery grounds in the case of employees of the department of natural resources fish, wildlife, parks, and forestry. Any employee, if injured while being so transported, shall be deemed to have been in the course of his or her employment.".

SB55-ASA1-AA1,255,11 562. Page 425, line 18: after that line insert:

SB55-ASA1-AA1,255,12 " Section 983m. 20.9145 of the statutes is created to read:

SB55-ASA1-AA1,255,16 20.9145 Sale of residual state property. (1) In this section, "residual state property" means vacant state-owned land, together with any improvements thereon, that are not utilized under any statutory program, or any plan or proposal of a state agency.

SB55-ASA1-AA1,255,19 (2) No later than the end of the 2-year period beginning on the effective date of this subsection .... [revisor inserts date], each state agency that has jurisdiction over residual property shall solicit bids for the sale of the property.

SB55-ASA1-AA1,255,22 (3) During the 2-year period under sub. (2), the state agency selling residual property shall sell the property to the highest responsible bidder, if any, who offers to pay at least the fair market value of the property.

SB55-ASA1-AA1,256,3 (4) If no responsible bids are received by a state agency under sub. (2) for the purchase of a parcel of residual property at or above the fair market value of the property, the state agency having jurisdiction of the property shall, no later than one year after expiration of the period under sub. (2), resolicit bids for the sale of the property and shall sell the property to the highest responsible bidder, if any.

SB55-ASA1-AA1,256,8 (5) No later than September 1 annually, each state agency that sold a parcel of residual state property in the preceding fiscal year shall file a report with the cochairpersons of the joint committee on finance specifying the location and size of the parcel, the date sold, the estimated fair market value, the sales price and the allocation of the proceeds of the sale.

SB55-ASA1-AA1,256,13 (6) This section does not apply to residual property that is leased to a person other than a state agency on the effective date of this subsection .... [revisor inserts date], if the lease contains terms that preclude sale of the property during the term of the lease, until the lease expires or the lease is modified, renewed, or extended, whichever first occurs.".

SB55-ASA1-AA1,256,14 563. Page 426, line 19: after that line insert:

SB55-ASA1-AA1,256,15 " Section 988v. 20.923 (4) (g) 1n. of the statutes is created to read:

SB55-ASA1-AA1,256,16 20.923 (4) (g) 1n. Environmental management, department of: secretary.

SB55-ASA1-AA1, s. 988w Section 988w. 20.923 (4) (g) 2. of the statutes is amended to read:

SB55-ASA1-AA1,256,19 20.923 (4) (g) 2. Natural resources Fish, wildlife, parks, and forestry, department of: secretary.".

SB55-ASA1-AA1,256,20 564. Page 428, line 20: after that line insert:

SB55-ASA1-AA1,256,22 " Section 995pb. 20.9275 (1) of the statutes is renumbered 20.9275 (1r), and 20.9275 (1r) (intro.), as renumbered, is amended to read:

SB55-ASA1-AA1,256,23 20.9275 (1r) (intro.) In this section, except as otherwise specified:

SB55-ASA1-AA1, s. 995pc Section 995pc. 20.9275 (1g) of the statutes is created to read:

SB55-ASA1-AA1,257,2 20.9275 (1g) It is the intent of the legislature that this section shall further the profound and compelling state interest in all of the following:

SB55-ASA1-AA1,257,5 (a) To protect the life of an unborn child throughout pregnancy by favoring childbirth over abortion and implementing that value judgment through the allocation of public resources.

SB55-ASA1-AA1,257,7 (b) To ensure that the state, state agencies, and local governmental units do not lend their imprimatur to abortion-related activities.

SB55-ASA1-AA1,257,9 (c) To ensure that organizations that engage in abortion-related activities do not receive a direct or indirect economic or marketing benefit from public funds.

SB55-ASA1-AA1, s. 995pd Section 995pd. 20.9275 (1r) (am) of the statutes is created to read:

SB55-ASA1-AA1,257,19 20.9275 (1r) (am) "Family planning" means the process of establishing objectives for the number and spacing of one's children and selecting the means by which those objectives may be achieved, including a broad range of acceptable and effective methods and services to limit or enhance fertility, including contraceptive methods, including natural family planning and abstinence; the management of infertility, including adoption; and preconceptional counseling, education, and general reproductive health care, including diagnosis and treatment of infections that threaten reproductive capability. "Family planning" does not include pregnancy care, including obstetric or prenatal care.

SB55-ASA1-AA1, s. 995pe Section 995pe. 20.9275 (1r) (em) of the statutes is created to read:

SB55-ASA1-AA1,257,22 20.9275 (1r) (em) "Prenatal care" means medical services provided to a pregnant woman to promote maternal and fetal health.

SB55-ASA1-AA1, s. 995pf Section 995pf. 20.9275 (2) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,258,6 20.9275 (2) (intro.) No Except as provided in sub. (2m) and notwithstanding s. 20.927 (2), 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 including a grant, subsidy, or other funding under s. 46.93, 46.99, 46.995, 253.02 (2), 253.05, 253.07, 253.08, or 253.085 or 42 USC 701 to 710, if any of the following applies:

SB55-ASA1-AA1, s. 995pg Section 995pg. 20.9275 (2) (a) 2. of the statutes is renumbered 20.9275 (2) (a) 2. (intro.) and amended to read:

SB55-ASA1-AA1,258,10 20.9275 (2) (a) 2. (intro.) Promotes, encourages, or counsels in favor of abortion services., including by doing any of the following:

SB55-ASA1-AA1, s. 995ph Section 995ph. 20.9275 (2) (a) 2. a. of the statutes is created to read:

SB55-ASA1-AA1,258,12 20.9275 (2) (a) 2. a. Acting to assist women to obtain abortions.

SB55-ASA1-AA1, s. 995pi Section 995pi. 20.9275 (2) (a) 2. b. of the statutes is created to read:

SB55-ASA1-AA1,258,15 20.9275 (2) (a) 2. b. Acting to increase the availability or accessibility of abortion for family planning purposes.

SB55-ASA1-AA1, s. 995pj Section 995pj. 20.9275 (2) (a) 2. c. of the statutes is created to read:

SB55-ASA1-AA1,258,18 20.9275 (2) (a) 2. c. Lobbying for the passage of legislation to increase in any way the availability of abortion as a method of family planning.

SB55-ASA1-AA1, s. 995pk Section 995pk. 20.9275 (2) (a) 2. d. of the statutes is created to read:

SB55-ASA1-AA1,258,21 20.9275 (2) (a) 2. d. Providing speakers to promote the use of abortion as a method of family planning.

SB55-ASA1-AA1, s. 995pL Section 995pL. 20.9275 (2) (a) 2. e. of the statutes is created to read:

SB55-ASA1-AA1,258,24 20.9275 (2) (a) 2. e. Paying dues to a group that as a significant part of its activities advocates abortion as a method of family planning.

SB55-ASA1-AA1, s. 995pm Section 995pm. 20.9275 (2) (a) 2. f. of the statutes is created to read:

SB55-ASA1-AA1,259,2 20.9275 (2) (a) 2. f. Using legal action to make abortion available in any way as a method of family planning.

SB55-ASA1-AA1, s. 995pn Section 995pn. 20.9275 (2) (a) 2. g. of the statutes is created to read:

SB55-ASA1-AA1,259,6 20.9275 (2) (a) 2. g. Developing or disseminating in any way materials, including printed matter and audiovisual materials, advocating abortion as a method of family planning.

SB55-ASA1-AA1, s. 995pp Section 995pp. 20.9275 (2m) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,259,10 20.9275 (2m) (intro.) Nothing in sub. (2) prohibits the providing of nondirective information explaining promotion, encouragement, or counseling in favor of, or referral either directly or through an intermediary for, any of the following:

SB55-ASA1-AA1, s. 995pq Section 995pq. 20.9275 (2m) (c) of the statutes is repealed.

SB55-ASA1-AA1, s. 995pr Section 995pr. 20.9275 (2n) of the statutes is created to read:

SB55-ASA1-AA1,259,15 20.9275 (2n) Except as provided in sub. (6), none of the funds specified under sub. (2) (intro.) may be paid to an organization or affiliate of an organization that does any of the following:

SB55-ASA1-AA1,259,16 (a) Engages in an activity that is specified under sub. (2) (a) 1. to 3.

SB55-ASA1-AA1,259,19 (b) Receives funds from any source that requires, as a condition for receipt of the funds, that the organization or affiliate perform any of the activities specified in sub. (2) (a) 1. to 3.

SB55-ASA1-AA1, s. 995ps Section 995ps. 20.9275 (3) of the statutes is amended to read:

SB55-ASA1-AA1,260,2 20.9275 (3) Subject to sub. (3m) Notwithstanding s. 20.927 (2), no organization that receives funds specified under sub. (2) (intro.) may use program funds for an activity that is specified under sub. (2) (a) 1. to 3. No organization that receives funds specified under sub. (2) (intro.) may transfer any program funds or any other public funds to an organization or affiliate of an organization to which sub. (2n) (a) or (b) applies.

SB55-ASA1-AA1, s. 995pt Section 995pt. 20.9275 (3m) of the statutes is repealed.

SB55-ASA1-AA1, s. 995pu Section 995pu. 20.9275 (6) of the statutes is created to read:

SB55-ASA1-AA1,260,8 20.9275 (6) Subsection (2n) does not apply to an organization that otherwise is qualified to receive funding under sub. (2) and that is affiliated with an organization to which sub. (2n) (a) or (b) applies if the organizations are physically and financially independent from each other under all of the following criteria:

SB55-ASA1-AA1,260,11 (a) The organization that receives funds specified under sub. (2) (intro.) and its independent affiliate to which sub. (2n) (a) or (b) applies are not located in the same building and do not share any of the following:

SB55-ASA1-AA1,260,12 1. The same or a similar name.

SB55-ASA1-AA1,260,14 2. Medical or nonmedical facilities, including treatment, consultation, examination, or waiting rooms or business offices.

SB55-ASA1-AA1,260,16 3. Equipment or supplies, including computers, telephone systems, telecommunications equipment, vehicles, office supplies, or medical supplies.

SB55-ASA1-AA1,260,18 4. Services, including management, accounting, or payroll services or equipment or facility maintenance.

SB55-ASA1-AA1,260,19 5. Income, grants, donations of cash or property, in-kind gifts, or other revenue.

SB55-ASA1-AA1,260,20 6. Fund-raising activities.

SB55-ASA1-AA1,260,21 7. Expenses.

SB55-ASA1-AA1,260,22 8. Employees.

SB55-ASA1-AA1,260,23 9. Employee wages or salaries.

SB55-ASA1-AA1,260,24 10. Databases, including client lists.

SB55-ASA1-AA1,261,3 (b) The organization that receives funds specified under sub. (2) (intro.) is separately incorporated from its independent affiliate to which sub. (2n) (a) or (b) applies.

SB55-ASA1-AA1,261,9 (c) The organization that receives funds specified under sub. (2) (intro.) maintains financial records and database records that demonstrate that its independent affiliate to which sub. (2n) (a) or (b) applies receives no direct or indirect economic or marketing benefit from the program funds. Separation of program funds from other moneys by means of bookkeeping alone is not sufficient to meet the requirement of this paragraph.

SB55-ASA1-AA1, s. 995pv Section 995pv. 20.9275 (7) of the statutes is created to read:

SB55-ASA1-AA1,261,17 20.9275 (7) At least once every 3 years, the legislative audit bureau shall conduct an audit of each organization that receives the funds specified under sub. (2) (intro.) and the state agency or local governmental unit that authorizes payment of the funds to the organization, to determine if the organization, state agency, or local governmental unit has strictly complied with this section. If the organization is an affiliate of an organization to which sub. (2n) (a) or (b) applies, the legislative audit bureau shall conduct the audit at least annually.

SB55-ASA1-AA1, s. 995pw Section 995pw. 20.9275 (8) of the statutes is created to read:

SB55-ASA1-AA1,261,21 20.9275 (8) A person may file a petition for a writ of mandamus or prohibition with the circuit court for the county where a violation of this section is alleged to have occurred or is proposed to occur.".

SB55-ASA1-AA1,261,22 565. Page 428, line 20: after that line insert:

SB55-ASA1-AA1,261,23 " Section 995cb. 20.9273 of the statutes is created to read:

SB55-ASA1-AA1,262,6 20.9273 Prohibition on the use of public employees and public property to perform abortions or engage in abortion-related activity. (1) It is the intent of the legislature that this section shall further the profound and compelling state interest in protecting the life of an unborn child throughout pregnancy by favoring childbirth over abortion and implementing that value judgment through the allocation of public resources.

SB55-ASA1-AA1,262,7 (2) In this section:

SB55-ASA1-AA1,262,8 (a) "Abortion" has the meaning given in s. 253.10 (2) (a).

SB55-ASA1-AA1,262,9 (b) "Authority" means an authority created in chs. 231 and 233.

SB55-ASA1-AA1,262,11 (c) "Local governmental unit" means a city, village, town, county, or school district or an agency or subdivision of a city, village, town, county, or school district.

SB55-ASA1-AA1,262,16 (d) "Public property" means a public facility, public institution, or other building or part of a building that is owned, leased, or controlled by the state, a state agency, a local governmental unit, or an authority, or any equipment or other physical asset that is owned, leased, or controlled by the state, a state agency, a local governmental unit, or an authority.

SB55-ASA1-AA1,262,20 (e) "State agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts.

SB55-ASA1-AA1,262,24 (3) Beginning on the effective date of this subsection .... [revisor inserts date], no person employed by this state, by a state agency, by a local governmental unit, or by an authority may do any of the following while acting within the scope of his or her employment: