Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,79,17 " Section 103m. 13.45 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,79,23 13.45 (3) (a) For any day for which the legislator does not file a claim under s. 13.123 (1), any legislator appointed to serve on a legislative committee or a committee to which the legislator was appointed by either house or the officers thereof shall be reimbursed from the appropriations under ss. 20.315 (1) (q) and s. 20.765 (1) (a) or (b) for actual and necessary expenses incurred as a member of the committee.".

SB55-ASA1-AA1,79,24 30. Page 12, line 11: after that line insert:

SB55-ASA1-AA1,80,1 " Section 104v. 13.48 (10) (b) 1. of the statutes is amended to read:

SB55-ASA1-AA1,80,4 13.48 (10) (b) 1. Contracts by the department of natural resources environmental management for construction work related to hazardous substance spill response under s. 292.11 or environmental repair under s. 292.31.".

SB55-ASA1-AA1,80,5 31. Page 12, line 11: after that line insert:

SB55-ASA1-AA1,80,6 " Section 104r. 13.48 (10) (a) of the statutes is amended to read:

SB55-ASA1-AA1,80,18 13.48 (10) (a) No state board, agency, officer, department, commission, or body corporate may enter into a contract for the construction, reconstruction, remodeling of or addition to any building, structure, or facility, which involves a cost in excess of $100,000, without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. The building commission may not approve a contract for the construction, reconstruction, renovation or remodeling of or an addition to a state building as defined in s. 44.51 (2) unless it determines that s. 44.57 has been complied with or does not apply. This section applies to the department of transportation only in respect to buildings, structures and facilities to be used for administrative or operating functions, including buildings, land and equipment to be used for the motor vehicle emission inspection and maintenance program under s. 110.20.".

SB55-ASA1-AA1,80,19 32. Page 13, line 8: after that line insert:

SB55-ASA1-AA1,80,20 " Section 107m. 13.48 (14) (am) of the statutes is amended to read:

SB55-ASA1-AA1,81,2 13.48 (14) (am) Subject to par. (d) and s. 20.9145, the building commission shall have the authority to sell or lease all or any part of a state-owned building or structure or state-owned land, including farmland, where such authority is not otherwise provided to an agency by law, and may transfer land under its jurisdiction among agencies.

SB55-ASA1-AA1, s. 107n Section 107n. 13.48 (14) (b) of the statutes is amended to read:

SB55-ASA1-AA1,81,12 13.48 (14) (b) Subject to par. (d) and s. 20.9145, the building commission shall sell or lease on the basis of either public bids, with the building commission reserving the right to reject any or all bids in the best interest of the state, or negotiated prices. Buildings, structures and land mentioned in this subsection shall be subject to general property taxes levied by those taxing bodies within whose area they lie if used for commercial purposes, and shall be subject to special assessments for public improvements in the same manner and to the same extent as privately owned buildings, structures and land, subject to approval of the building commission when required under s. 66.0703 (6).

SB55-ASA1-AA1, s. 107p Section 107p. 13.48 (14) (d) 4. of the statutes is amended to read:

SB55-ASA1-AA1,81,25 13.48 (14) (d) 4. If the commission proposes to sell or transfer a parcel of surplus land having a fair market value of at least $20,000 that is not subject to sale under s. 20.9145, the commission shall notify the joint committee on finance in writing of its proposed action. If the cochairpersons of the committee do not notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer within 14 working days after the date of the commission's notification, the parcel may be sold or transferred by the commission. If, within 14 working days after the date of the commission's notification, the cochairpersons of the committee notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer, the parcel may be sold or transferred under this subdivision only upon approval of the committee.".

SB55-ASA1-AA1,82,1 33. Page 14, line 16: after that line insert:

SB55-ASA1-AA1,82,2 " Section 108dm. 13.48 (26) of the statutes is amended to read:

SB55-ASA1-AA1,83,4 13.48 (26) Environmental improvement annual finance plan approval. The building commission shall review the versions of the biennial finance plan and any amendments to the biennial finance plan submitted to it by the department of natural resources environmental management and the department of administration under s. 281.59 (3) (bm) and the recommendations of the joint committee on finance and the standing committees to which the versions of the biennial finance plan and any amendments were submitted under s. 281.59 (3) (bm). The building commission shall consider the extent to which that version of the biennial finance plan that is updated to reflect the adopted biennial budget act will maintain the funding for the clean water fund program and the safe drinking water loan program, in the environmental improvement fund, in perpetuity. The building commission shall consider the extent to which the implementation of the clean water fund program, the safe drinking water loan program, and the land recycling loan program, as set forth in the biennial finance plan updated to reflect the adopted biennial budget act, implements legislative intent on the clean water fund program, the safe drinking water loan program, and the land recycling loan program. The building commission shall, no later than 60 days after the date of enactment of the biennial budget act, either approve or disapprove the biennial finance plan that is updated to reflect the adopted biennial budget act, except that the building commission may not disapprove those amounts that the legislature approves under s. 281.59 (3e) (a), (3m) (a), and (3s) (a). If the building commission disapproves the version of the biennial finance plan that is updated to reflect the adopted biennial budget act, it must notify the department of natural resources environmental management and the department of administration of its reasons for disapproving the plan, and those departments must revise that version of the biennial finance plan and submit the revision to the building commission.".

SB55-ASA1-AA1,83,5 34. Page 17, line 15: after that line insert:

SB55-ASA1-AA1,83,6 " Section 112d. 13.625 (8m) of the statutes is amended to read:

SB55-ASA1-AA1,83,10 13.625 (8m) Subsection (3) does not apply to the solicitation of anything of pecuniary value to pay the costs of remedying environmental contamination, as defined in s. 292.51 (1), by an agency official of the department of natural resources environmental management.

SB55-ASA1-AA1, s. 112n Section 112n. 13.83 (3) (f) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,83,13 13.83 (3) (f) (intro.) The special committee shall be assisted by a technical advisory committee composed of 7 8 members representing the following:

SB55-ASA1-AA1, s. 112p Section 112p. 13.83 (3) (f) 4. of the statutes is amended to read:

SB55-ASA1-AA1,83,16 13.83 (3) (f) 4. The department of natural resources fish, wildlife, parks, and forestry.

SB55-ASA1-AA1, s. 112r Section 112r. 13.83 (3) (f) 8. of the statutes is created to read:

SB55-ASA1-AA1,83,18 13.83 (3) (f) 8. The department of environmental management.".

SB55-ASA1-AA1,83,19 35. Page 18, line 8: after "(4) (a)" insert "1.".

SB55-ASA1-AA1,83,20 36. Page 22, line 18: after that line insert:

SB55-ASA1-AA1,83,22 " Section 118m. 14.11 (2) (bd), (bh), (bp) and (bt) of the statutes are created to read:

SB55-ASA1-AA1,84,3 14.11 (2) (bd) Notwithstanding s. 16.75 (1) (c), (2m) and (6) (c) to (e), all contracts for legal services under this subsection shall be awarded only by solicitation of bids under s. 16.75.

SB55-ASA1-AA1,84,11 (bh) 1. The governor shall not enter into a contract for the provision of legal services under which the state is obligated or reasonably may be anticipated to be obligated to pay more than $1,000,000 unless the governor first files the proposed contract with the chief clerk of each house of the legislature and complies with subds. 2. to 4. If the governor does not receive a report from a legislative committee under subd. 2. recommending changes to a proposed contract within 60 days of the date on which the proposed contract is filed, the governor may enter into the contract as proposed.

SB55-ASA1-AA1,84,16 2. If the governor receives a timely report from a legislative committee under s. 13.107 concerning a proposed legal services contract, the governor shall review the report and, if the governor determines to make any changes to the proposed contract that is the subject of the report, the governor shall file a revised copy of the proposed contract with the chief clerk of each house of the legislature.

SB55-ASA1-AA1,84,21 3. If the governor does not make all of the changes to a proposed legal services contract recommended by a legislative committee under s. 13.107 (3), the governor shall submit a report to the chairperson or cochairpersons of the committee recommending the changes containing an explanation of the reasons why all of the proposed changes were not made.

SB55-ASA1-AA1,84,24 4. If the governor submits a report under subd. 3. pertaining to a proposed legal services contract, the governor shall not enter into that contract until at least 45 days after submittal of the report.

SB55-ASA1-AA1,85,4 5. If, within 60 days after referral under s. 13.107 (2), a committee to which a proposed legal services contract is referred has not transmitted a report to the governor concerning the proposed contract, the governor may enter into the proposed contract.

SB55-ASA1-AA1,85,11 (bp) Every legal services contract entered into by the governor 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 governor shall not authorize payment to be made under the contract until the statement is submitted.

SB55-ASA1-AA1,85,16 (bt) The governor shall not 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 par. (bp). The governor shall not authorize any payment to be made exceeding the amount specified in this paragraph.".

SB55-ASA1-AA1,85,17 37. Page 22, line 25: after that line insert:

SB55-ASA1-AA1,85,18 " Section 122p. 14.58 (21) of the statutes is amended to read:

SB55-ASA1-AA1,85,21 14.58 (21) Credit card use charges. From moneys received under ss. 59.25 (3) (j) and (k) and 85.14 (1) (b), pay the charges under ss. 23.49 and, 85.14 (1) (b) and (2), and 278.49 from the appropriation under s. 20.585 (1) (km).".

SB55-ASA1-AA1,85,22 38. Page 23, line 13: after that line insert:

SB55-ASA1-AA1,85,23 " Section 126t. 14.82 (1) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,86,21 14.82 (1) Minnesota-Wisconsin. (intro.) There is created a commission of 5 citizens nominated by the governor, and with the advice and consent of the senate appointed, for staggered 5-year terms, to represent this state on the joint Minnesota-Wisconsin boundary area commission. Any vacancy shall be filled for the balance of the unexpired term. To assist the commission, there is created a legislative advisory committee comprising 4 senators and 6 representatives to the assembly appointed as are the members of standing committees in their respective houses, and a technical advisory committee of 2 members appointed by the governor and one member each appointed by the governing board or head of the following agencies, to represent such agencies: the department of justice, the department of administration, the department of agriculture, trade and consumer protection, the department of natural resources fish, wildlife, parks, and forestry, the department of health and family services, the public service commission, the department of tourism and the department of commerce. The members of the commission and the members of its advisory committees shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties, from the appropriation made by s. 20.315 (1) (q), on vouchers approved by the Wisconsin member of the commission selected to serve as its chairperson or vice chairperson. All other expenses incurred by the commission in the course of exercising its powers and duties, unless met in some other manner specifically provided by statute, shall be paid by the commission out of its own funds.

SB55-ASA1-AA1, s. 126w Section 126w. 14.85 (2) of the statutes is amended to read:

SB55-ASA1-AA1,87,2 14.85 (2) The secretary of commerce, the secretary of tourism, the secretary of natural resources fish, wildlife, parks, and forestry, the secretary of transportation and the director of the historical society, or their designees, shall serve as nonvoting members of the commission.".

SB55-ASA1-AA1,87,3 39. Page 23, line 13: after that line insert:

SB55-ASA1-AA1,87,4 " Section 126s. 14.82 of the statutes is repealed.".

SB55-ASA1-AA1,87,5 40. Page 24, line 21: after that line insert:

SB55-ASA1-AA1,87,6 " Section 130j. 15.01 (6) of the statutes is amended to read:

SB55-ASA1-AA1,87,17 15.01 (6) "Division," "bureau," "section ," and "unit" means mean the subunits of a department or an independent agency, whether specifically created by law or created by the head of the department or the independent agency for the more economic and efficient administration and operation of the programs assigned to the department or independent agency. The office of justice assistance and the office of faith-based crime prevention initiatives in the department of administration and the office of credit unions in the department of financial institutions have the meaning of "division" under this subsection. The office of the long-term care ombudsman under the board on aging and long-term care and the office of educational accountability in the department of public instruction have the meaning of "bureau" under this subsection.

SB55-ASA1-AA1, s. 130k Section 130k. 15.01 (6) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,88,6 15.01 (6) "Division," "bureau," "section," and "unit" mean the subunits of a department or an independent agency, whether specifically created by law or created by the head of the department or the independent agency for the more economic and efficient administration and operation of the programs assigned to the department or independent agency. The office of justice assistance and the office of faith-based crime prevention initiatives in the department of administration and the office of credit unions in the department of financial institutions have the meaning of "division" under this subsection. The office of the long-term care ombudsman under the board on aging and long-term care and the office of educational accountability in the department of public instruction have the meaning of "bureau" under this subsection.

SB55-ASA1-AA1, s. 130r Section 130r. 15.02 (3) (c) 1. of the statutes is amended to read:

SB55-ASA1-AA1,88,15 15.02 (3) (c) 1. The principal subunit of the department is the "division".." Each division shall be headed by an "administrator".." The office of justice assistance and the office of faith-based crime prevention initiatives in the department of administration and the office of credit unions in the department of financial institutions have the meaning of "division," and the executive staff director of the office of justice assistance and the executive director heading the office of faith-based crime prevention initiatives in the department of administration and the director of credit unions have the meaning of "administrator" under this subdivision.

SB55-ASA1-AA1, s. 130s Section 130s. 15.02 (3) (c) 1. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,88,25 15.02 (3) (c) 1. The principal subunit of the department is the "division." Each division shall be headed by an "administrator." The office of justice assistance and the office of faith-based crime prevention initiatives in the department of administration and the office of credit unions in the department of financial institutions have the meaning of "division," and the executive staff director of the office of justice assistance and the executive director heading the office of faith-based crime prevention initiatives in the department of administration and the director of credit unions have the meaning of "administrator" under this subdivision.".

SB55-ASA1-AA1,89,1 41. Page 24, line 21: after that line insert:

SB55-ASA1-AA1,89,3 " Section 130b. 15.01 (4) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,89,13 15.01 (4) "Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Wisconsin land council has the powers specified in s. 16.965 (3) and (5) and the powers granted to agencies under ch. 227, the Milwaukee River revitalization council has the powers and duties specified in s. 23.18 278.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24, and, before January 1, 2001, the council on health care fraud and abuse has the powers and duties specified in s. 146.36.

SB55-ASA1-AA1, s. 130g Section 130g. 15.05 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,89,23 15.05 (1) (b) Except as provided in pars. (c) and, (d) and (e), if a department is under the direction and supervision of a board, the board shall appoint a secretary to serve at the pleasure of the board outside the classified service. In such departments, the powers and duties of the board shall be regulatory, advisory and policy-making, and not administrative. All of the administrative powers and duties of the department are vested in the secretary, to be administered by him or her under the direction of the board. The secretary, with the approval of the board, shall promulgate rules for administering the department and performing the duties assigned to the department.

SB55-ASA1-AA1, s. 130h Section 130h. 15.05 (1) (c) of the statutes is repealed and recreated to read:

SB55-ASA1-AA1,90,3 15.05 (1) (c) The fish, wildlife, parks, and forestry board shall nominate and, with the approval of the governor, appoint the secretary of fish, wildlife, parks, and forestry.

SB55-ASA1-AA1, s. 130j Section 130j. 15.05 (1) (e) of the statutes is created to read:

SB55-ASA1-AA1,90,6 15.05 (1) (e) The environmental management board shall nominate and, with the approval of the governor, appoint the secretary of environmental management.".

SB55-ASA1-AA1,90,7 42. Page 25, line 10: after that line insert:

SB55-ASA1-AA1,90,8 " Section 136h. 15.09 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,90,10 15.09 (1) (b) The terms of the members of the council on recycling shall expire as specified under s. 15.347 (17) 15.337 (5) (c).".

SB55-ASA1-AA1,90,11 43. Page 25, line 12: after that line insert:

SB55-ASA1-AA1,90,12 " Section 138j. 15.105 (title) of the statutes is amended to read:

SB55-ASA1-AA1,90,13 15.105 (title) Same; attached boards, commissions and office offices.

SB55-ASA1-AA1, s. 138k Section 138k. 15.105 (title) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,90,16 15.105 (title) Same; attached boards, commissions and offices office.".

SB55-ASA1-AA1,90,17 44. Page 25, line 18: after that line insert:

SB55-ASA1-AA1,90,18 " Section 141b. 15.105 (16) (b) 1. of the statutes is amended to read:

SB55-ASA1-AA1,90,22 15.105 (16) (b) 1. The secretary of administration, the secretary of agriculture, trade and consumer protection, the secretary of environmental management, the secretary of natural resources fish, wildlife, parks, and forestry, the secretary of revenue and the secretary of transportation, or their designees.".

SB55-ASA1-AA1,90,23 45. Page 26, line 9: after that line insert:

SB55-ASA1-AA1,90,24 " Section 160j. 15.105 (28) of the statutes is created to read:

SB55-ASA1-AA1,91,12 15.105 (28) Office of faith-based crime prevention initiatives. There is created an office of faith-based crime prevention initiatives, headed by the executive director, which is attached to the department of administration under s. 15.03. The executive director shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The executive director may not be a member of the board of directors of, be otherwise involved in the governance or control of, or be employed by any faith-based organization eligible for contracts or grants under s. 59.54 (27) or 301.065. The executive director shall have experience relevant to the operation of nonprofit organizations or state or local government and shall have a demonstrated understanding of state and federal laws regarding nondiscrimination against religious organizations. This subsection does not apply after June 30, 2004.".

SB55-ASA1-AA1,91,13 46. Page 26, line 9: after that line insert:

SB55-ASA1-AA1,91,14 " Section 160t. 15.107 (5) (a) 2m. of the statutes is created to read:

SB55-ASA1-AA1,91,16 15.107 (5) (a) 2m. The secretary of environmental management or his or her designee.

SB55-ASA1-AA1, s. 160u Section 160u. 15.107 (5) (a) 3. of the statutes is amended to read:

SB55-ASA1-AA1,91,19 15.107 (5) (a) 3. The secretary of natural resources fish, wildlife, parks, and forestry or his or her designee.".

SB55-ASA1-AA1,91,20 47. Page 26, line 12: after that line insert:

SB55-ASA1-AA1,91,21 " Section 162q. 15.107 (16) (b) 3m. of the statutes is created to read:

SB55-ASA1-AA1,91,22 15.107 (16) (b) 3m. The secretary of environmental management.