Amendment AA1-ASA1-SB55

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SB55-ASA1-AA1, s. 995pt Section 995pt. 20.9275 (3m) of the statutes is repealed.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

SB55-ASA1-AA1,263,2 (a) Provide or assist in providing an abortion, unless the abortion is directly and medically necessary to save the life of the pregnant woman.

SB55-ASA1-AA1,263,4 (b) Aid or encourage a pregnant woman to have an abortion, unless the abortion is directly and medically necessary to save the life of the pregnant woman.

SB55-ASA1-AA1,263,7 (c) Make abortion referrals either directly or through an intermediary, unless the abortion is directly and medically necessary to save the life of the pregnant woman.

SB55-ASA1-AA1,263,10 (d) Require, provide, refer for, or make arrangements for the provision of training in the performance of a medical treatment or surgical procedure for the purpose of performing or inducing an abortion.

SB55-ASA1-AA1,263,13 (4) (a) Except as provided in pars. (b) and (c), beginning on the effective date of this paragraph .... [revisor inserts date], no public property may be used to do any of the following:

SB55-ASA1-AA1,263,15 1. Provide or assist in providing an abortion, unless the abortion is directly and medically necessary to save the life of the pregnant woman.

SB55-ASA1-AA1,263,17 2. Aid or encourage a pregnant woman to have an abortion, unless the abortion is directly and medically necessary to save the life of the pregnant woman.

SB55-ASA1-AA1,263,20 3. Make abortion referrals either directly or through an intermediary, unless the abortion is directly and medically necessary to save the life of the pregnant woman.

SB55-ASA1-AA1,263,23 4. Require, provide, refer for, or make arrangements for the provision of training in the performance of a medical treatment or surgical procedure for the purpose of performing or inducing an abortion.

SB55-ASA1-AA1,263,25 (b) Paragraph (a) does not prohibit a private person from using police or fire protection services or any services provided by a public utility.

SB55-ASA1-AA1,264,4 (c) Paragraph (a) does not apply to public property that is leased to a private person under a lease agreement entered into before the effective date of this paragraph .... [revisor inserts date], until the date on which the lease agreement expires or is extended, modified, or renewed.

SB55-ASA1-AA1,264,6 (5) (a) Any person who violates sub. (3) shall be required to forfeit not less than $500 nor more than $1,000 for each offense.

SB55-ASA1-AA1,264,8 (b) Any person who violates sub. (4) shall be required to forfeit not less than $2,000 nor more than $5,000 for each offense.

SB55-ASA1-AA1,264,11 (c) The penalties under pars. (a) and (b) may not be construed to limit the power of the state, a state agency, a local governmental unit, or an authority to discipline an employee.".

SB55-ASA1-AA1,264,12 566. Page 428, line 20: after that line insert:

SB55-ASA1-AA1,264,13 " Section 995m. 20.930 of the statutes is renumbered 20.930 (1).

SB55-ASA1-AA1, s. 995n Section 995n. 20.930 (2) to (5) of the statutes are created to read:

SB55-ASA1-AA1,264,18 20.930 (2) No state agency in the executive branch may employ legal counsel except by contract. Notwithstanding s. 16.75 (1) (c), (2m) and (6) (c) to (e), all contracts for the employment of counsel entered into by any state agency in the executive branch shall be awarded only by solicitation of bids under s. 16.75.

SB55-ASA1-AA1,265,2 (3) Every legal services contract entered into by a state agency in the executive branch which provides for counsel to be retained on a contingent fee basis shall contain a provision requiring the counsel to submit a statement of the number of hours worked under the contract, the expenses incurred in relation to the contract and the net charge per hour under the contract, computed on the basis of the total charges, less expenses, divided by the number of hours worked. The head of the agency shall not authorize payment to be made under the contract until the statement is submitted.

SB55-ASA1-AA1,265,7 (4) No state agency in the executive branch may enter into any contract that requires the state to pay for legal services at a rate that exceeds $1,000 per hour. If a contract provides for a contingent or fixed fee, the hourly charge shall be computed in the manner provided in s. 14.11 (2) (bp). The head of the agency shall not authorize any payment to be made exceeding the amount specified in this subsection.

SB55-ASA1-AA1,265,14 (5) If the legal services to be performed by any person for a state agency in the executive branch will or reasonably may be anticipated to exceed $1,000,000, the employment shall be by contract, which shall be signed by the governor. Prior to approving any contract for the provision of legal services under this section, the governor shall file the proposed contract with the chief clerk of each house of the legislature. Any proposed contract so filed is subject to the procedures and limitations prescribed in ss. 13.107 and 14.11 (2).".

SB55-ASA1-AA1,265,15 567. Page 434, line 17: after that line insert:

SB55-ASA1-AA1,265,16 " Section 1013m. 21.25 (1) of the statutes is amended to read:

SB55-ASA1-AA1,266,2 21.25 (1) The department of military affairs shall may 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 If the department of military affairs administers the Badger Challenge program under this subsection, it shall promulgate rules for administering the Badger Challenge program.".

SB55-ASA1-AA1,266,5 568. Page 438, line 12: after "1002" insert ", that is located in this state or that is included in the Minnesota-Wisconsin student reciprocity agreement under s. 39.47".

SB55-ASA1-AA1,266,7 569. Page 438, line 18: delete lines 18 to 22 and substitute "a comparable number of credits, whichever amount is less.".

SB55-ASA1-AA1,266,8 570. Page 439, line 11: after that line insert:

SB55-ASA1-AA1,266,9 " Section 1024k. 21.49 (4) (c) of the statutes is created to read:

SB55-ASA1-AA1,266,12 21.49 (4) (c) 1. Any person who joins the Wisconsin national guard on or after the effective date of this subdivision .... [revisor inserts date], is only eligible for a tuition grant under this section for a course in one of the following schools:

SB55-ASA1-AA1,266,14 a. The extension division and any campus of the University of Wisconsin System.

SB55-ASA1-AA1,266,16 b. Any public institution of higher education, that is included in the Minnesota-Wisconsin student reciprocity agreement under s. 39.47.

SB55-ASA1-AA1,266,17 c. Any technical college established under ch. 38.

SB55-ASA1-AA1,266,19 d. Any accredited institution of higher education as defined in 20 USC 1002, that is located in this state.

SB55-ASA1-AA1, s. 1024m Section 1024m. 21.49 (4) (d) of the statutes is created to read:

SB55-ASA1-AA1,267,2 21.49 (4) (d) A guard member may, until June 30, 2005, receive tuition grants under this section for attendance at an accredited institution of higher education, as defined in 20 USC 1002, that is located outside this state if the guard member was enrolled in that institution on the effective date of this paragraph .... [revisor inserts date].".

SB55-ASA1-AA1,267,3 571. Page 442, line 5: after that line insert:

SB55-ASA1-AA1,267,4 " Section 1030m. 22.07 (9) of the statutes is created to read:

SB55-ASA1-AA1,267,10 22.07 (9) In consultation with the department of veterans affairs, administer a program to increase outreach to veterans regarding veterans services and benefits, and to provide training to employees of the department of veterans affairs and county veterans service officers. The department of electronic government shall make the program available through a satellite system that is linked to 5 remote locations in this state.".

SB55-ASA1-AA1,267,11 572. Page 445, line 22: after that line insert:

SB55-ASA1-AA1,267,12 " Section 1034b. 23.09 (2) (d) 16. of the statutes is amended to read:

SB55-ASA1-AA1,267,13 23.09 (2) (d) 16. For bluff protection under s. 30.24 23.0942.

SB55-ASA1-AA1, s. 1034bd Section 1034bd. 23.09 (2r) (b) of the statutes is amended to read:

SB55-ASA1-AA1,267,15 23.09 (2r) (b) Land acquisition for urban river grants under s. 30.277 23.0944.

SB55-ASA1-AA1, s. 1034bg Section 1034bg. 23.09 (12) (c) of the statutes is amended to read:

SB55-ASA1-AA1,267,22 23.09 (12) (c) State aid under this subsection to any county shall be distributed by the department according to the procedures adopted by the natural resources fish, wildlife, parks, and forestry board. State aid granted to any county under this subsection shall be matched by the county, and the state's share may not exceed one-half of the actual cost of the project. Personnel, equipment and materials furnished by the county may be included in computing the county share contribution.

SB55-ASA1-AA1, s. 1034bj Section 1034bj. 23.091 (2) of the statutes is amended to read:

SB55-ASA1-AA1,268,5 23.091 (2) Master plan. The department may designate a recreational area only after a master plan for use and management of the area is prepared, public hearings on the plan are held in the county where the largest portion of land in the project is located, the procedures prescribed in s. 1.11 are complied with, and the plan is approved by the natural resources fish, wildlife, parks, and forestry board.

SB55-ASA1-AA1, s. 1034gc Section 1034gc. 23.0915 (1g) of the statutes is amended to read:

SB55-ASA1-AA1,268,10 23.0915 (1g) Land acquisition; urban river grants. Beginning in fiscal year 1992-93 and ending in fiscal year 1999-2000, the department for each fiscal year shall designate for expenditure $1,900,000 of the moneys appropriated under s. 20.866 (2) (tz) for land acquisition for urban river grants under s. 30.277 23.0944.

SB55-ASA1-AA1, s. 1034gh Section 1034gh. 23.0915 (1r) (c) of the statutes is amended to read:

SB55-ASA1-AA1,268,14 23.0915 (1r) (c) For land acquisition, the department shall designate for expenditure $900,000 for urban river grants under s. 30.277 23.0944 and for grants under s. 23.096 for the purposes under s. 30.277 23.0944 (2) (a).

SB55-ASA1-AA1, s. 1034gm Section 1034gm. 23.0915 (2) (d) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,268,22 23.0915 (2) (d) (intro.) In a given fiscal year, in addition to expending the amount designated for a purpose under sub. (1) (a) or (c) to (k), or the amount equal to the expenditure limit for that purpose, as adjusted under pars. (a) and (b), whichever amount is applicable, the department may also expend for that purpose up to 50% of the designated amount for that purpose for the given fiscal year for a project or activity if the natural resources fish, wildlife, parks, and forestry board determines all of the following:

SB55-ASA1-AA1, s. 1034gp Section 1034gp. 23.0915 (2g) of the statutes is amended to read:

SB55-ASA1-AA1,269,4 23.0915 (2g) Funds for Monona terrace project. If all of the money set aside under s. 23.195 for the Frank Lloyd Wright Monona terrace project is not expended before July 1, 1998, the department shall make the unexpended moneys available for expenditure for land acquisition and for urban river grants under s. 30.277 23.0944. The moneys expended for the Frank Lloyd Wright Monona terrace project are expended as an amount for land acquisition.".

SB55-ASA1-AA1,269,5 573. Page 446, line 9: after that line insert: