2007 - 2008 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO 2007 SENATE BILL 40
June 26, 2007 - Offered by Senator
Robson.
SB40-SSA1-SA1,2,24
7.33
(4) Except as otherwise provided in this subsection, each local
5governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon
6proper application under sub. (3), permit each of its employees to serve as an election
7official under s. 7.30 without loss of fringe benefits or seniority privileges earned for
8scheduled working hours during the period specified in sub. (3), without loss of pay
9for scheduled working hours during the period specified in sub. (3) except as provided
10in sub. (5), and without any other penalty. For employees who are included in a
11collective bargaining unit for which a representative is recognized or certified under
1subch. V
or VI of ch. 111, this subsection shall apply unless otherwise provided in a
2collective bargaining agreement.".
SB40-SSA1-SA1,2,5
4"
Section 4d. 13.101 (6) (a) of the statutes, as affected by 2007 Wisconsin Act
5.... (this act), is amended to read:
SB40-SSA1-SA1,2,246
13.101
(6) (a) As an emergency measure necessitated by decreased state
7revenues and to prevent the necessity for a state tax on general property, the
8committee may reduce any appropriation made to any board, commission,
9department, or the University of Wisconsin System, or to any other state agency or
10activity, by such amount as it deems feasible, not exceeding 25% of the
11appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and
12(vr) (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (af),
13(aq), (ar), and (au), 20.435 (6) (a) and (7) (da), and 20.445 (3) (a) and (dz) or for forestry
14purposes under s. 20.370 (1), or any other moneys distributed to any county, city,
15village, town, or school district. Appropriations of receipts and of a sum sufficient
16shall for the purposes of this section be regarded as equivalent to the amounts
17expended under such appropriations in the prior fiscal year which ended June 30.
18All functions of said state agencies shall be continued in an efficient manner, but
19because of the uncertainties of the existing situation no public funds should be
20expended or obligations incurred unless there shall be adequate revenues to meet the
21expenditures therefor. For such reason the committee may make reductions of such
22appropriations as in its judgment will secure sound financial operations of the
23administration for said state agencies and at the same time interfere least with their
24services and activities.".
SB40-SSA1-SA1,3,64
13.111
(2) Duties. The joint committee on employment relations shall perform
5the functions assigned to it under
subch. subchs. V
and VI of ch. 111, subch. II of ch.
6230 and ss. 16.53 (1) (d) 1., 20.916, 20.917, 20.923 and 40.05 (1) (b).".
SB40-SSA1-SA1,3,2110
13.48
(13) (a) Except as provided in par. (b) or (c), every building, structure or
11facility that is constructed for the benefit of or use of the state, any state agency,
12board, commission or department, the University of Wisconsin Hospitals and Clinics
13Authority, the Fox River Navigational System Authority,
the Healthy Wisconsin
14Authority, or any local professional baseball park district created under subch. III
15of ch. 229 if the construction is undertaken by the department of administration on
16behalf of the district, shall be in compliance with all applicable state laws, rules,
17codes and regulations but the construction is not subject to the ordinances or
18regulations of the municipality in which the construction takes place except zoning,
19including without limitation because of enumeration ordinances or regulations
20relating to materials used, permits, supervision of construction or installation,
21payment of permit fees, or other restrictions.".
SB40-SSA1-SA1,4,11
113.48
(36) Hmong cultural center. (a) The legislature finds and determines
2that a significant number of Hmong people are citizens of this state, that the Hmong
3people have a proud heritage that needs to be recognized and preserved, and that the
4Hmong people have experienced difficulties assimilating in this state. The
5legislature finds that supporting the Hmong people in their efforts to recognize their
6heritage and to realize the full advantages of citizenship in this state is a statewide
7responsibility of statewide dimension. Because it will better ensure that the heritage
8of the Hmong people is preserved and will better enable the Hmong people to realize
9the full advantages of citizenship in this state, the legislature finds that it will have
10a direct and immediate effect on a matter of statewide concern for the state to
11facilitate the purchase or construction and operation of a Hmong cultural center.
SB40-SSA1-SA1,4,2512
(b) The building commission may authorize up to $2,000,000 in general fund
13supported borrowing to make a grant to an organization designated by the secretary
14of administration that represents the cultural interests of Hmong people for
15purchase or construction of a Hmong cultural center in Dane County. Before
16approving any state funding commitment for the purchase or construction of the
17center and before awarding the grant, the building commission shall determine that
18the organization has secured additional funding commitments of at least $2,500,000
19from nonstate revenue sources for purchase or construction of the center. Before
20awarding the grant, the organization shall submit to the building commission and
21the commission shall review and approve an initial budget and business plan for the
22operation of the center that is acceptable to the commission. As a condition of
23receiving the grant, the organization must enter into an agreement with the
24secretary guaranteeing that the center will be operated to serve the nonsectarian
25cultural interests of the Hmong people.
SB40-SSA1-SA1,5,5
1(c) If, for any reason, the facility that is purchased or constructed with funds
2from the grant under par. (b) is not used as a Hmong cultural center in Dane County,
3or the center is not operated to serve the nonsectarian cultural interests of the
4Hmong people, the state shall retain an ownership interest in the facility equal to the
5amount of the state's grant.".
SB40-SSA1-SA1,5,168
13.48
(38) Civil War exhibit at the Kenosha Public Museums. (a) The
9legislature finds and determines that the Civil War was an event of unequaled
10importance in the historical development of the United States; that Wisconsin
11citizens fought bravely and valiantly in assisting the Union to achieve victory in the
12Civil War; and that the study of the Civil War will deepen our understanding and
13appreciation of the history of the United States and of Wisconsin. It is therefore in
14the public interest, and it is the public policy of this state, to assist the Kenosha
15Public Museums in the construction of facilities that will be used for a Civil War
16exhibit.
SB40-SSA1-SA1,5,2417
(b) The building commission may authorize up to $500,000 in general fund
18supported borrowing to aid in the construction of a Civil War exhibit as part of the
19Kenosha Public Museums in the city of Kenosha. The state funding commitment
20shall be in the form of a grant to the Kenosha Public Museums. Before approving any
21such state funding commitment and before awarding the construction grant, the
22building commission shall determine that the Kenosha Public Museums has secured
23additional funding at least equal to $2,000,000 from nonstate donations for the
24purpose of constructing a Civil War exhibit.
SB40-SSA1-SA1,6,4
1(c) If the building commission authorizes a grant to the Kenosha Public
2Museums under par. (b) and if, for any reason, the facility that is constructed with
3funds from the grant is not used as a Civil War exhibit, the state shall retain an
4ownership interest in the facility equal to the amount of the state's grant.".
SB40-SSA1-SA1,6,157
13.48
(36p) Bond Health Center. (a) The legislature finds and determines
8that improving the health of the citizens of this state and increasing access to health
9care in this state is a statewide responsibility of statewide dimension. In addition,
10the legislature finds and determines that the Bond Health Center in the city of
11Oconto plays a vital role in improving the health of the citizens of this state and is
12a quality health care facility. The legislature, therefore, finds and determines that
13assisting the Bond Health Center in the city of Oconto in expanding a health care
14facility will have a direct and immediate effect on this state responsibility of
15statewide dimension.
SB40-SSA1-SA1,6,2216
(b) The building commission may authorize up to $1,000,000 in general fund
17supported borrowing to make a grant to the Bond Health Center in the city of Oconto
18for construction costs related to hospital expansion. Before approving any state
19funding commitment for construction costs relating to the hospital expansion and
20before awarding the grant, the building commission shall determine that the Bond
21Health Center has secured all necessary additional funding commitments from
22nonstate revenue sources for the expansion.
SB40-SSA1-SA1,7,3
1(c) If, for any reason, the facility that is expanded with funds from the grant
2under par. (b) is not used as a hospital, the state shall retain an ownership interest
3in the facility equal to the amount of the state's grant.".
SB40-SSA1-SA1,7,6
6"
Section 17yd. 13.94 (1) (dj) of the statutes is created to read:
SB40-SSA1-SA1,7,97
13.94
(1) (dj) Annually, conduct a financial audit of the Healthy Wisconsin Plan
8under ch. 260 and file copies of each audit report under this paragraph with the
9distributees specified in par. (b).
SB40-SSA1-SA1,7,1211
13.94
(1s) (c) 5. The Healthy Wisconsin Authority for the cost of the audit under
12sub. (1) (dj).".
SB40-SSA1-SA1,8,317
15.01
(2) "Commission" means a 3-member governing body in charge of a
18department or independent agency or of a division or other subunit within a
19department, except for the Wisconsin waterways commission which shall consist of
205 members and the
parole earned release review commission which shall consist of
218 members. A Wisconsin group created for participation in a continuing interstate
22body, or the interstate body itself, shall be known as a "commission", but is not a
23commission for purposes of s. 15.06. The
parole
earned release review commission
24created under s. 15.145 (1) shall be known as a "commission", but is not a commission
1for purposes of s. 15.06.
The sentencing commission created under s. 15.105 (27)
2shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1)
3to (4m), (7), and (9).".
SB40-SSA1-SA1,8,96
15.06
(6) Quorum. A majority of the membership of a commission constitutes
7a quorum to do business, except that vacancies shall not prevent a commission from
8doing business. This subsection does not apply to the
parole earned release review
9commission.
".
SB40-SSA1-SA1,8,1412
15.04
(4) Legal services. If a department or independent agency is authorized
13or required to employ or retain an attorney, the department or independent agency
14may do so only in the following ways:
SB40-SSA1-SA1,8,1515
(a) Employ an attorney in a position authorized under s. 16.505.
SB40-SSA1-SA1,8,1716
(b) Contract with the department of administration for legal services under s.
1716.004 (15).
SB40-SSA1-SA1,8,1918
(c) Allow the department of justice to furnish legal services if the department
19of justice is required by law to furnish the services.
SB40-SSA1-SA1,8,2220
(d) 1. Allow the division of hearings and appeals created under s. 15.103 (1) to
21furnish legal services if the division of hearings and appeals is required or authorized
22by law to furnish the services.
SB40-SSA1-SA1,9,3
12. Contract under s. 227.43 (1m) for contested case hearing services with the
2division of hearings and appeals if the department or independent agency is not
3prohibited by law to do so.
SB40-SSA1-SA1,9,54
(e) Employ or retain any attorney who is not a state employee, subject to s.
520.930.".
SB40-SSA1-SA1,9,108
15.103
(1g) Division of legal services. There is created in the department of
9administration a division of legal services. The administrator of the division shall
10be appointed by the secretary of administration in the classified service.".
SB40-SSA1-SA1,9,1913
15.145
(1) Parole Earned release review commission. There is created in the
14department of corrections
a parole an earned release review commission consisting
15of 8 members. Members shall have knowledge of or experience in corrections or
16criminal justice. The members shall include a chairperson who is nominated by the
17governor, and with the advice and consent of the senate appointed, for a 2-year term
18expiring March 1 of the odd-numbered years, subject to removal under s. 17.07 (3m),
19and the remaining members in the classified service appointed by the chairperson.
".
SB40-SSA1-SA1,9,23
21"
Section 52b. 15.197 (11n) of the statutes is renumbered 15.105 (8), and
2215.105 (8) (title), (ag), (am) (intro.), (bm), and (cm) 1., as renumbered, are amended
23to read:
SB40-SSA1-SA1,10,4
115.105
(8) (title)
Council on Board for people with developmental
2disabilities. (ag) There is created a
council on
board for people with developmental
3disabilities, attached to the department of
health and family services administration 4under s. 15.03.
SB40-SSA1-SA1,10,85
(am) (intro.) Subject to par. (cm), the
council
board shall consist of the following
6state residents, appointed for staggered 4-year terms, who shall be representative
7of all geographic areas of the state and reflect the state's diversity with respect to race
8and ethnicity:
SB40-SSA1-SA1,10,139
(bm) A member specified in par. (am) 1. or 3. shall recuse himself or herself from
10any discussion by the
council board of grants or contracts for which the member's
11department, agency, program, or group is a grantee, contractor, or applicant and may
12not vote on a matter that would provide direct financial benefit to the member or
13otherwise give the appearance of a conflict of interest.
SB40-SSA1-SA1,10,2114
(cm) 1. At least 60% of the membership of the
council
board shall be individuals
15specified under par. (am) 2. who are not managing employees, as defined under
42
16USC 1320a-5 (b), of an entity, or employees of a state agency, that receives federal
17funds for the developmentally disabled or uses the funds to provide services to
18persons with developmental disabilities. Of those individuals, one-third shall be
19individuals specified under par. (am) 2. a., one-third shall be individuals specified
20under par. (am) 2. b. or c., and one-third shall be individuals specified under par. (am)
212. a., b., or c.".
SB40-SSA1-SA1,11,73
16.004
(7d) Containment of health care costs. In consultation with the board
4of the Healthy Wisconsin Authority, the secretary shall establish, by rule, a program
5to contain health care costs in this state during any year in which the board
6determines that health care costs increase at a rate exceeding the national average
7of medical inflation, as defined in s. 260.01 (4).
SB40-SSA1-SA1,11,149
16.004
(7h) Employer assessments to the Healthy Wisconsin trust fund. 10The secretary shall establish a methodology for allocating employer assessments
11among state agencies to pay the Healthy Wisconsin trust fund for the operation and
12funding of the Healthy Wisconsin Plan under ch. 260. State agencies shall pay, from
13appropriations used to fund fringe benefit costs of state employees, to the Healthy
14Wisconsin trust fund amounts determined by the secretary.".
SB40-SSA1-SA1,11,2119
16.004
(15) Legal services. (a) In this subsection, "state agency" means an
20office, commission, department, independent agency, or board in the executive
21branch of state government, and includes the building commission.
SB40-SSA1-SA1,12,222
(b) The department may provide legal services to state agencies. Annually, the
23department shall assess each state agency for the cost of the legal services provided
1to the state agency. The department shall credit all moneys received from state
2agencies under this paragraph to the appropriation account under s. 20.505 (1) (kr).".
