Amendment MR8 CSA1-AB1

AB1-CSA1, s. 100 Section 100. 100.52 (1) (bm) of the statutes is created to read:

AB1-CSA1,39,22 100.52 (1) (bm) "Commercial mobile service" has the meaning given in s. 196.01 (2i).

AB1-CSA1, s. 101 Section 101. 100.52 (1) (f) of the statutes is amended to read:

AB1-CSA1,40,2 100.52 (1) (f) "Residential customer" means an individual who is furnished with basic local exchange service or commercial mobile service by a telecommunications utility, but does not include an individual who operates a business at his or her residence.

AB1-CSA1, s. 102 Section 102. 118.14 (title) of the statutes is amended to read:

AB1-CSA1,40,4 118.14 (title) Age of pupils; phase in of 4-year-old kindergarten.

AB1-CSA1, s. 103 Section 103. 118.14 (3) of the statutes is created to read:

AB1-CSA1,40,8 118.14 (3) (a) Except a provided in par. (b), if a school board establishes a 4-year-old kindergarten program, the program shall be available to all pupils eligible for the program under sub. (1) (a) or s. 120.12 (25).

AB1-CSA1,40,12 (b) A school board that was operating a 4-year-old kindergarten program in the 2007-08 school year that did not comply with par. (a) shall make a 4-year-old kindergarten program available to all pupils eligible for the program under sub. (1) (a) or s. 120.12 (25) by the beginning of the 2013-14 school year.

AB1-CSA1, s. 104 Section 104. 118.153 (4) (b) of the statutes is amended to read:

AB1-CSA1,40,20 118.153 (4) (b) Upon receipt of a school board's annual report under par. (a) the state superintendent shall pay to the school district from the appropriation under s. 20.255 (2) (bc), for each pupil enrolled in a program for children at risk who achieved at least 3 of the objectives under par. (c) in the previous school year, additional state aid in an amount equal to 10% of the school district's average per pupil aids provided under s. 20.835 (7) (a), 1991 stats., and s. 20.255 (2) (ac) and (at) in the previous school year.

AB1-CSA1, s. 105 Section 105. 121.004 (7) (c) 1. (intro.) of the statutes is amended to read:

AB1-CSA1,41,2 121.004 (7) (c) 1. (intro.) A pupil enrolled in kindergarten may be counted only if the pupil attains the age permitted under s. 120.12 (25) or required under s. 118.14 for kindergarten admission. A kindergarten pupil, including a pupil enrolled in a 4-year-old kindergarten program being phased in under s. 118.14 (3) (b), shall be counted as one-half pupil except that:

AB1-CSA1, s. 106 Section 106. 121.004 (7) (cm) of the statutes is amended to read:

AB1-CSA1,41,8 121.004 (7) (cm) A pupil enrolled in a 4-year-old kindergarten program, including a 4-year-old kindergarten program being phased in under s. 118.14 (3) (b), that provides the required number of hours of direct pupil instruction under s. 121.02 (1) (f) 2. shall be counted as 0.6 pupil if the program annually provides at least 87.5 additional hours of outreach activities.

AB1-CSA1, s. 107 Section 107. 121.007 of the statutes is amended to read:

AB1-CSA1,41,15 121.007 Use of state aid; exemption from execution. All moneys paid to a school district under s. 20.255 (2) (ac), (at), (bc), (cg), and (cr), shall be used by the school district solely for the purposes for which paid. Such moneys are exempt from execution, attachment, garnishment, or other process in favor of creditors, except as to claims for salaries or wages of teachers and other school employees and as to claims for school materials, supplies, fuel, and current repairs.

AB1-CSA1, s. 108 Section 108. 121.15 (1m) (a) 3. of the statutes is amended to read:

AB1-CSA1,41,21 121.15 (1m) (a) 3. Beginning in the 1999-2000 2007-2008 school year, annually the state shall pay to school districts, from the appropriation under s. 20.255 (2) (ac), an amount equal to $75,000,000, less the sum of the reductions made to the amount in the previous and current fiscal years under s. 16.518 (2m) (b), on the 4th first Monday in July of the following school year.

AB1-CSA1, s. 109 Section 109. 121.15 (1m) (a) 4. of the statutes is created to read:

AB1-CSA1,42,2 121.15 (1m) (a) 4. Beginning in the 2007-08 school year, in addition to the payment delay under subd. 3., annually the state shall pay to school districts, from the appropriation under s. 20.255 (2) (ac), an amount equal to $125,000,000, less the sum of the reductions made to the amount in the previous and current fiscal years under s. 16.518 (2m) (a), on the first Monday in July of the following school year.

AB1-CSA1, s. 110 Section 110. 121.15 (1m) (b) of the statutes is amended to read:

AB1-CSA1,42,8 121.15 (1m) (b) The percentages under subs. (1) (a) and (1g) (a) shall be reduced proportionally to reflect the payments made under par. (a). 3. The percentage paid in June under subs. (1) (a) and (1g) (a) shall be reduced to reflect the payment made under par. (a) 4. School districts shall treat the payments made in July under par. (a) as if they had been received in the previous school year.

AB1-CSA1, s. 111 Section 111. 350.12 (3j) (b) of the statutes is amended to read:

AB1-CSA1,42,13 350.12 (3j) (b) The fee for a trail use sticker issued for a snowmobile that is exempt from registration under sub. (2) (b) or (bn) is $17.25 $34.25. A trail use sticker issued for such a snowmobile may be issued only by the department and persons appointed by the department and expires on June 30 of each year.

AB1-CSA1, s. 112 Section 112. 628.348 (1) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB1-CSA1,42,21 628.348 (1) Training requirement. No On and after January 1, 2009, no person may solicit, negotiate, or sell long-term care insurance unless the person is a licensed intermediary and he or she completes has completed the initial training portion of the training program under s. 49.45 (31) (c) by January 1, 2009, and completes the ongoing training under s. 49.45 (31) (c) every 24 months after completing the initial training.

AB1-CSA1, s. 113 Section 113. 946.42 (1) (a) of the statutes is renumbered 946.42 (1) (a) 1. (intro.) and amended to read:

AB1-CSA1,42,25 946.42 (1) (a) 1. (intro.) "Custody" includes without limitation actual all of the following:

AB1-CSA1,43,6 a. Actual custody of an institution, including a juvenile correctional facility, as defined in s. 938.02 (10p), a secured residential care center for children and youth, as defined in s. 938.02 (15g), a juvenile detention facility, as defined in s. 938.02 (10r), a Type 2 residential care center for children and youth, as defined in s. 938.02 (19r), a facility used for the detention of persons detained under s. 980.04 (1), a facility specified in s. 980.065, or a juvenile portion of a county jail, or actual.

AB1-CSA1,43,8 b. Actual custody of a peace officer or institution guard. "Custody" also includes the constructive

AB1-CSA1,43,10 e. Constructive custody of persons placed on supervised release under ch. 980 and constructive.

AB1-CSA1,43,15 f. Constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h), or (4m), or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile, or otherwise. Under s. 303.08 (6) it means, without limitation, that

AB1-CSA1,43,17 g. Custody of the sheriff of the county to which the prisoner was transferred after conviction. It

AB1-CSA1,43,22 2. "Custody" does not include the constructive custody of a probationer, parolee, or person on extended supervision by the department of corrections or a probation, extended supervision, or parole officer agent or the constructive custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).

AB1-CSA1, s. 114 Section 114. 946.42 (1) (a) 1. bm. of the statutes is created to read:

AB1-CSA1,43,25 946.42 (1) (a) 1. bm. Actual custody or authorized physical control of a correctional officer.

AB1-CSA1, s. 115 Section 115. 946.42 (1) (a) 1. c. and h. of the statutes are created to read:

AB1-CSA1,44,4 946.42 (1) (a) 1. c. Actual custody or authorized physical control of a probationer, parolee, or person on extended supervision by the department of corrections.

AB1-CSA1,44,5 h. Custody of a person subject to a confinement order under s. 973.09 (4).

AB1-CSA1, s. 116 Section 116. 946.42 (2m) of the statutes is created to read:

AB1-CSA1,44,10 946.42 (2m) A person who is in the custody of a probation, parole, or extended supervision agent, or a correctional officer, based on an allegation or a finding that the person violated the rules or conditions of probation, parole, or extended supervision and who intentionally escapes from custody is guilty of a Class H felony.

AB1-CSA1, s. 117 Section 117. 946.42 (4) of the statutes is created to read:

AB1-CSA1,44,15 946.42 (4) If a person is convicted of an escape under this section, the maximum term of imprisonment for the escape may be increased by not more than 5 years if an individual who had custody of the person who escaped is injured during the course of the escape.

AB1-CSA1, s. 118 Section 118. 973.01 (2) (c) 2. a. of the statutes is amended to read:

AB1-CSA1,44,18 973.01 (2) (c) 2. a. Sections 939.621, 939.632, 939.645, 946.42 (4), 961.46, and 961.49.

AB1-CSA1, s. 119 Section 119. 2007 Wisconsin Act 20, section 9201 (1c) (a) is amended to read:

AB1-CSA1,45,6 [2007 Wisconsin Act 20] Section 9201 (1c) (a) Notwithstanding sections 20.001 (3) (a) to (c) and 25.40 (3) of the statutes, but subject to paragraph (d), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of appropriations to executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $200,000,000 during the 2007-09 fiscal biennium and $200,000,000 during the 2009-11 fiscal biennium. This paragraph shall not apply to appropriations to the Board of Regents of the University of Wisconsin System and, to the technical college system board, and to the department of transportation except with respect to the appropriation account under section 20.395 (3) (cq) of the statutes. The amount in the current biennium from section 20.395 (3) (cq) of the statutes is limited to $50 million.

AB1-CSA1, s. 9114 Section 9114. Nonstatutory provisions; Employee Trust Funds.

AB1-CSA1,45,14 (1w) Annuity deductions. The authorized FTE positions for the department of employee trust funds are increased by 2.1 SEG project positions to be funded from the appropriation under section 20.515 (1) (w) of the statutes for the implementation of program changes under sections 40.05 (4r) and 40.80 (2t) of the statutes, as created by this act, and by 1.1 SEG positions to be funded from the appropriation under section 20.515 (1) (w) of the statutes for the administration of the program changes under sections 40.05 (4r) and 40.80 (2t) of the statutes, as created by this act.

AB1-CSA1, s. 9137 Section 9137. Nonstatutory provisions; Public Instruction.

AB1-CSA1,45,19 (1) Equalization aid shift. For the following purposes, the department of public instruction shall consider the amount appropriated under section 20.255 (2) (ac) of the statutes as if the decrease in that amount under Section 9237 (1) of this act had not occurred:

AB1-CSA1,45,21 (a) For the purpose of calculating the payment under section 119.23 (4) (b) 2. of the statutes in the 2007-08 and 2008-09 fiscal years.

AB1-CSA1,45,24 (b) For the purpose of calculating the secondary guaranteed valuation per member under section 121.07 (7) (b) of the statutes and the school aid reduction under section 121.08 (4) of the statutes in the 2007-08 fiscal year.

AB1-CSA1, s. 9141 Section 9141. Nonstatutory provisions; Revenue.

AB1-CSA1,46,4 (1) Related entity addback. The department of revenue has entered into a substantial number of settlement agreements with banks and other financial institutions regarding their investment subsidiaries. The intent of the legislature in enacting this act is to have no effect on those settlement agreements.

AB1-CSA1,46,8 (2 ) Omitted property. Notwithstanding section 70.44 (1) of the statutes, section 70.44 (1) of the statutes does not apply to property described under section 70.11 (4a) of the statutes, as created in this act, for the years before 2009 during which the property was omitted from assessment.

AB1-CSA1, s. 9148 Section 9148. Nonstatutory provisions; Transportation.

AB1-CSA1,46,17 (1) Joint finance committee supplemental funding related to REAL ID Act implementation. Notwithstanding section 13.101 (1), (3), and (5) of the statutes, the joint committee on finance may not, for purposes relating to implementation of the federal REAL ID Act of 2005, supplement in the 2007-09 fiscal biennium, from the appropriation account under section 20.865 (4) (u) of the statutes, any appropriation of the department of transportation for expenditures of the department of transportation in the 2007-09 fiscal biennium relating to implementation of the federal REAL ID Act of 2005.

AB1-CSA1,46,22 (2) Estimates for certain department of transportation appropriations. Notwithstanding section 84.03 (2) of the statutes, the secretary of administration and department of transportation shall estimate additional revenues as specified in paragraphs (a) to (cm), which additional revenues are not reflected in the schedule under section 20.005 (3) of the statutes, as created by 2007 Wisconsin Act 20.

AB1-CSA1,46,24 (a) The additional revenues in fiscal year 2007-08 for the appropriation account under section 20.395 (3) (bx) of the statutes are $20,000,000.

AB1-CSA1,47,2 (b) The additional revenues in fiscal year 2007-08 for the appropriation account under section 20.395 (3) (cx) of the statutes are $56,967,500.

AB1-CSA1,47,4 (cm) The additional revenues in fiscal year 2008-09 for the appropriation account under section 20.395 (3) (br) of the statutes are $28 million.

AB1-CSA1,47,5 (4m) Department of transportation requests for 2009-11 biennial budget bill.

AB1-CSA1,47,11 (a) Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2009-11 biennial budget bill, the department of transportation shall submit dollar amounts reflecting the modifications as specified in subdivisions 1. to 3., before submitting any information relating to any increase or decrease in the dollar amounts for these appropriations for the 2009-11 fiscal biennium.

AB1-CSA1,47,14 1. For the appropriation under section 20.395 (3) (bq) of the statutes, a dollar amount that is $28 million more than the total amount appropriated under section 20.395 (3) (bq) of the statutes for the 2008-09 fiscal year.

AB1-CSA1,47,17 2. For the appropriation under section 20.395 (3) (eq) of the statutes, a dollar amount that is $24,846,900 less than the total amount appropriated under section 20.395 (3) (eq) of the statutes for the 2008-09 fiscal year.

AB1-CSA1,47,20 3. For the appropriation under section 20.395 (1) (as) of the statutes, a dollar amount that is $24,846,900 more than the total amount appropriated under section 20.395 (1) (as) of the statutes for the 2008-09 fiscal year.

AB1-CSA1,47,25 (b) In addition to the requirement under paragraph (a), the department of transportation's submission of information under section 16.42 of the statutes for purposes of the 2009-11 biennial budget bill shall not reflect the modified estimate required under subsection (3) related to the appropriation account under section 20.395 (3) (br) of the statutes.

AB1-CSA1, s. 9155 Section 9155. Nonstatutory provisions; other.

AB1-CSA1,48,5 (1) Budget stabilization fund. Notwithstanding section 20.875 (2) (q) of the statutes, any transfer from the budget stabilization fund to the general fund during the 2007-08 fiscal year under section 20.875 (2) (q) of the statutes, as affected by this act, shall occur before July 1, 2008.

AB1-CSA1, s. 9201 Section 9201. Fiscal changes; Administration.

AB1-CSA1,48,8 (1) Lapse or transfer of any unencumbered moneys in appropriation accounts and funds.

AB1-CSA1,48,21 (a) Notwithstanding sections 20.001 (3) (a) to (c) of the statutes, but subject to paragraph (b), the secretary of administration shall lapse or transfer to the general fund from the unencumbered balances of appropriations to executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $69,000,000 during the 2007-09 fiscal biennium and $69,000,000 during the 2009-11 fiscal biennium. The amounts lapsed or transferred under this paragraph shall be in addition to the amounts lapsed or transferred under 2007 Wisconsin Act 20, section 9201 (1c) (a) to (c). This paragraph shall not apply to an appropriation to the department of public instruction under section 20.255 (2) of the statutes, to appropriations to the department of health and family services under section 20.435 (4) (bv) and (5) (fm) of the statutes, to an appropriation to the department of revenue under section 20.566 of the statutes, or to an appropriation to the department of transportation under section 20.395 of the statutes.

AB1-CSA1,48,25 (b) The secretary of administration may not lapse moneys under paragraph (a) if the lapse would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse would violate the federal or state constitution.

AB1-CSA1, s. 9214 Section 9214. Fiscal changes; Employee Trust Funds.

AB1-CSA1,49,6 (1w) Annuity deductions. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of employee trust funds under section 20.515 (1) (w) of the statutes, as affected by the acts of 2007, the dollar amount is increased by $307,100 for fiscal year 2008-09 to fund the positions authorized under Section 9114 (1w) of this act.

AB1-CSA1, s. 9221 Section 9221. Fiscal changes; Health and Family Services.

AB1-CSA1,49,12 (1) Medical Assistance decrease. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (4) (b) of the statutes, as affected by the acts of 2007, the dollar amount is decreased by $209,000,000 for fiscal year 2008-09 to decrease funding for the purposes for which the appropriation is made.

AB1-CSA1,49,17 (2) Medical Assistance increase. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (4) (w) of the statutes, as affected by the acts of 2007, the dollar amount is increased by $209,000,000 for fiscal year 2008-09 to increase funding for the purposes for which the appropriation is made.

AB1-CSA1,49,22 (3f) Medical Assistance decrease. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (4) (b) of the statutes, as affected by the acts of 2007, the dollar amount is decreased by $10,000,000 for fiscal year 2008-09 to decrease funding for the purposes for which the appropriation is made.

AB1-CSA1,50,2 (3t) Tobacco use control grants increase. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (5) (fm) of the statutes, as affected by the acts of 2007, the dollar amount is increased by $250,000 for fiscal year 2008-09 to increase funding for the purpose for which the appropriation is made.

AB1-CSA1, s. 9237 Section 9237. Fiscal changes; Public Instruction.

AB1-CSA1,50,7 (1) Equalization aid shift. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of public instruction under section 20.255 (2) (ac) of the statutes, as affected by the acts of 2007, the dollar amount is decreased by $125,000,000 for fiscal year 2007-08.

AB1-CSA1, s. 9248 Section 9248. Fiscal changes; Transportation.

AB1-CSA1,50,11 (1) Transfer to general fund. Notwithstanding section 25.40 (3) (a) of the statutes, the secretary of administration shall transfer $22 million from the transportation fund to the general fund in the current biennium.

AB1-CSA1,50,16 (2f) Highway maintenance. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of transportation under section 20.395 (3) (eq) of the statutes, as affected by the acts of 2007, the dollar amount is increased by $24,846,900 for fiscal year 2008-09 to increase funding for the purposes for which the appropriation is made.

AB1-CSA1,50,21 (2g) Transportation aids. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of transportation under section 20.395 (1) (as) of the statutes, as affected by the acts of 2007, the dollar amount is decreased by $24,846,900 for fiscal year 2008-09 to decrease funding for the purposes for which the appropriation is made.

AB1-CSA1,51,2 (2h) Appropriation change for major highway projects. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of transportation under section 20.395 (3) (bq) of the statutes, as affected by the acts of 2007, the dollar amount is decreased by $28 million for fiscal year 2008-09 to decrease funding for major development of state trunk and connecting highways.