Amendment AA1-ASA1-SB40

SB40-ASA1-AA1,23,17 11. Page 2, line 7: after that line insert:

SB40-ASA1-AA1,23,18 " Section 3c. 9.20 (4) of the statutes is amended to read:

SB40-ASA1-AA1,24,5 9.20 (4) The Except as provided in sub. (9), the common council or village board shall, without alteration, either pass the ordinance or resolution within 30 days following the date of the clerk's final certificate, or submit it to the electors at the next spring or general election, if the election is more than 6 weeks after the date of the council's or board's action on the petition or the expiration of the 30-day period, whichever first occurs. If there are 6 weeks or less before the election, the ordinance or resolution shall be voted on at the next election thereafter. The council or board by a three-fourths vote of the members-elect may order a special election for the purpose of voting on the ordinance or resolution at any time prior to the next election, but not more than one special election for direct legislation may be ordered in any 6-month period.

SB40-ASA1-AA1, s. 3ce Section 3ce. 9.20 (9) of the statutes is created to read:

SB40-ASA1-AA1,24,8 9.20 (9) A common council or village board is not required to act under sub. (4) if any of the following applies:

SB40-ASA1-AA1,24,10 (a) The proposed ordinance or resolution does not substantially relate to any city or village governmental function or responsibility.

SB40-ASA1-AA1,24,12 (b) The proposed ordinance or resolution is primarily ceremonial or aspirational.".

SB40-ASA1-AA1,24,13 12. Page 3, line 5: after that line insert:

SB40-ASA1-AA1,24,14 " Section 3u. 13.093 (2) (b) of the statutes is amended to read:

SB40-ASA1-AA1,25,2 13.093 (2) (b) Executive budget bills introduced under s. 16.47 (1) are exempt from the fiscal estimate requirement under par. (a) but shall, if they contain a provision affecting a public retirement fund or, providing a tax exemption, or imposing a mandate, as defined in s. 13.59 (1) (b), be analyzed as to those provisions by the respective joint survey committee or the joint committee on state mandates. If such a bill imposes a mandate, as defined in s. 13.59 (1) (b), the bill shall be simultaneously referred to the joint committee on state mandates and the joint committee on finance. If such a bill contains a provision providing a tax exemption, the bill shall be simultaneously referred to the joint survey committee on tax exemptions and the joint committee on finance. The report of the joint survey committee on tax exemptions shall be prepared within 60 days of introduction for bills introduced under s. 16.47 (1).".

SB40-ASA1-AA1,25,3 13. Page 3, line 5: after that line insert:

SB40-ASA1-AA1,25,4 " Section 3u. 11.386 of the statutes is created to read:

SB40-ASA1-AA1,25,7 11.386 Use of moneys derived from employment for political purposes. (1) In this section, "employer" includes the state and every local governmental unit, as defined in s. 16.97 (7).

SB40-ASA1-AA1,25,11 (2) No employer or labor organization may increase the salary of an officer or employee, or give an emolument to an officer, employee, or other person, with the intention that the increase in salary, or the emolument, or a part of it, be used to make a contribution or disbursement.

SB40-ASA1-AA1,25,16 (3) No employer or labor organization may discriminate against an officer or employee with respect to any term or condition of employment for failing to make a contribution; failing to support or oppose a candidate, proposition, political party, or committee; or supporting or opposing a candidate, proposition, political party, or committee.

SB40-ASA1-AA1,25,24 (4) No employer or other person who is responsible for the disbursement of moneys in payment of wages or salaries may withhold any portion of an employee's wages or salary for the purpose of making a contribution to a committee or for use as a contribution to a committee except upon the written request of the employee. Any such request shall be made on a form prescribed by the board informing the employee of the prohibition under sub. (3). The request is valid for 12 months from the date on which it is made by the employee unless the employer and employee agree to an earlier termination date.

SB40-ASA1-AA1,26,8 (5) Each person who withholds moneys under sub. (4) shall maintain open for public inspection for a period of no less than 3 years from the date on which a withholding occurs, during normal business hours, documents and books of accounts which shall include a copy of each employee's request for withholding, the amounts and dates on which moneys are withheld under the request, and the amounts and dates on which moneys are transferred to any committee by the person. Each such person shall deliver or transmit copies of such information to the board upon its request.

SB40-ASA1-AA1, s. 3vb Section 3vb. 11.387 of the statutes is created to read:

SB40-ASA1-AA1,26,11 11.387 Use of deductions for payments to labor organizations. (1) In this section:

SB40-ASA1-AA1,26,12 (a) "All-union agreement" has the meaning given under s. 111.02 (1).

SB40-ASA1-AA1,26,14 (b) "Fair-share agreement" has the meaning given under s. 111.70 (1) (f) or 111.81 (9).

SB40-ASA1-AA1,26,19 (2) No labor organization may use moneys derived from an all-union agreement or a fair-share agreement that are paid by an individual who is not a member of the organization for the purpose of making a contribution or disbursement, unless authorized by the individual. Any authorization shall be made in the manner provided under s. 11.386 (4).".

SB40-ASA1-AA1,26,21 14. Page 3, line 7: delete the material beginning with that line and ending with page 4, line 23.

SB40-ASA1-AA1,26,22 15. Page 4, line 23: after that line insert:

SB40-ASA1-AA1,26,24 " Section 6d. 13.121 (4) of the statutes is renumbered 13.121 (4) (a) and amended to read:

SB40-ASA1-AA1,27,9 13.121 (4) (a) For the purpose of premium determinations under s. 40.05 (4) and (5) each member of the legislature shall accrue sick leave at a rate equivalent to a percentage of time worked recommended for such positions by the director of the office of state employment relations and approved by the joint committee on employment relations in the same manner as compensation for such positions is determined under s. 20.923, except as provided in par. (b). This percentage of time worked shall be applied to the sick leave accrual rate established under s. 230.35 (2). The approved percentage shall be incorporated into the compensation plan under s. 230.12 (1).

SB40-ASA1-AA1, s. 6h Section 6h. 13.121 (4) (b) of the statutes is created to read:

SB40-ASA1-AA1,27,13 13.121 (4) (b) No member of the legislature may receive sick leave as a member of the legislature during any term of office that begins after the effective date of this paragraph .... [revisor inserts date].".

SB40-ASA1-AA1,27,14 16. Page 5, line 6: after that line insert:

SB40-ASA1-AA1,27,15 " Section 7m. 13.48 (10) (a) of the statutes is amended to read:

SB40-ASA1-AA1,28,3 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, in connection with any building project which involves a cost in excess of $150,000 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.".

SB40-ASA1-AA1,28,4 17. Page 6, line 25: after that line insert:

SB40-ASA1-AA1,28,5 " Section 9nh. 13.48 (32r) of the statutes is repealed.".

SB40-ASA1-AA1,28,6 18. Page 6, line 25: after that line insert:

SB40-ASA1-AA1,28,7 " Section 9og. 13.489 (5) (b) of the statutes is amended to read:

SB40-ASA1-AA1,28,11 13.489 (5) (b) All project information included in any report required under this subsection par. (a) shall be reported on both a cumulative basis from the inception of the project and on an updated basis for the period since the department's last report under this subsection.

SB40-ASA1-AA1, s. 9oh Section 9oh. 13.489 (5) (c) of the statutes is created to read:

SB40-ASA1-AA1,28,16 13.489 (5) (c) With the report submitted under par. (a), by February 1 of each year, the department of transportation shall include a current project schedule for all projects enumerated under s. 84.013 (3) or approved under s. 84.013 (6), showing the annual funding required until completion for each project.".

SB40-ASA1-AA1,28,17 19. Page 7, line 7: after "ss." insert "13.58 (5) (b) 5.,".

SB40-ASA1-AA1,28,19 20. Page 7, line 8: delete the material beginning with "(Lg)" and ending with "(14)" and substitute "(Lg), and 16.973 (10) to (15)".

SB40-ASA1-AA1,28,20 21. Page 7, line 15: after that line insert:

SB40-ASA1-AA1,28,21 " Section 9rg. 13.58 (5) (b) 5. of the statutes is created to read:

SB40-ASA1-AA1,29,2 13.58 (5) (b) 5. Review any executive branch information technology project identified in a report submitted to the committee by the department of administration under s. 16.973 (15) to determine whether the project should be continued or implemented. The committee may forward any recommendations regarding the project to the governor and to the legislature under s. 13.172 (2).".

SB40-ASA1-AA1,29,3 22. Page 7, line 15: after that line insert:

SB40-ASA1-AA1,29,4 " Section 9t. 13.59 of the statutes is created to read:

SB40-ASA1-AA1,29,5 13.59 Joint committee on state mandates. (1) Definitions. In this section:

SB40-ASA1-AA1,29,6 (a) "Local governmental unit" has the meaning given in s. 19.42 (7u).

SB40-ASA1-AA1,29,12 (b) "Mandate," except in sub. (6), means a statutory provision placing a requirement on a local governmental unit and, in sub. (6), has the meaning given in s. 227.112 (1) (b). The term does not include any statutory provision that relates to employment discrimination or the compensation, benefits, leave, collective bargaining rights, or conditions of employment of employees or retirees of a local governmental unit or prevailing wages under s. 66.0903.

SB40-ASA1-AA1,29,18 (2) Creation. There is created a joint committee on state mandates, consisting of 3 majority party and 2 minority party senators and 3 majority party and 2 minority party representatives to the assembly appointed as are the members of standing committees in their respective houses. At least one member of the majority party of each house who is appointed to the joint committee on state mandates must also be a member of the joint committee on finance.

SB40-ASA1-AA1,29,20 (3) Committee procedures. (a) The committee shall meet at the call of its cochairpersons.

SB40-ASA1-AA1,29,22 (b) All actions of the committee require the approval of a majority of all of the members.

SB40-ASA1-AA1,29,23 (4) Powers and duties. (a) The committee shall:

SB40-ASA1-AA1,30,2 1. Provide the legislature with a report under sub. (5) concerning each bill that would impose a mandate.

SB40-ASA1-AA1,30,4 2. On a regular basis, review existing mandates and evaluate their desirability as a matter of public policy, cost-effectiveness, and financial responsibility.

SB40-ASA1-AA1,30,5 (b) The committee may make investigations and hold hearings.

SB40-ASA1-AA1,30,13 (5) Report. (a) Upon the introduction in either house of the legislature of a bill that would impose a mandate, the bill shall at once be referred to the joint committee on state mandates by the presiding officer, unless the presiding officer determines that the mandate has a minimal fiscal effect on local governmental units. The bill may not be considered further by either house or any other committee until the earlier of 30 days after referral or the time at which the joint committee on state mandates submits a written report, to the chief clerk of the house in which the bill is introduced, doing all of the following:

SB40-ASA1-AA1,30,15 1. Describing the fiscal effect on state government and on local governmental units of the mandate contained in the bill.

SB40-ASA1-AA1,30,16 2. Identifying the objective of the mandate contained in the bill.

SB40-ASA1-AA1,30,18 3. Determining whether it is possible to achieve the objective without imposing a mandate.

SB40-ASA1-AA1,30,20 4. Determining whether the mandate contained in the bill is state-imposed or is addressing a requirement imposed by the federal government.

SB40-ASA1-AA1,30,25 5. Explaining the effect of the mandate contained in the bill on the revenues and expenditures of state government and local governmental units, including an explanation as to whether unrestricted or restricted state aid, grants, or tax benefits are currently being provided or potentially available under existing law to meet the costs of the mandate.

SB40-ASA1-AA1,31,2 6. Identifying whether the mandate contained in the bill has a recurring or nonrecurring impact.

SB40-ASA1-AA1,31,5 7. Identifying any method of reimbursement for any costs of the mandate contained in the bill or any method of waiver or appeal of the requirements contained in the mandate.

SB40-ASA1-AA1,31,7 8. Addressing whether it is appropriate to consider an expiration date for the mandate contained in the bill.

SB40-ASA1-AA1,31,9 9. Addressing the desirability of the mandate contained in the bill as a matter of public policy.

SB40-ASA1-AA1,31,11 10. Providing any other information that the committee considers to be appropriate.

SB40-ASA1-AA1,31,17 (b) If the committee's report concludes that the bill has a negative uncompensated fiscal effect on local governmental units, and that the mandate contained in the bill is wholly state-imposed, the committee shall prepare and offer an amendment to the bill that increases the amount of the appropriation under s. 20.505 (1) (bm) or such other appropriation designated in the amendment and creates any other provisions required by s. 13.591 (2).

SB40-ASA1-AA1,31,20 (c) The report under par. (a) shall be reproduced as an appendix to the bill and attached to it as are amendments. The reproduction shall be in lieu of inclusion in the daily journal of the house in which the bill is introduced.

SB40-ASA1-AA1,31,24 (6) Identification of mandates. (a) The legislative fiscal bureau shall identify all mandates, other than mandates that have a minimal fiscal effect, existing on the effective date of this paragraph .... [revisor inserts date], and submit that information to the joint committee on state mandates by January 1, 2009.

SB40-ASA1-AA1,32,3 (b) The committee shall introduce one or more bills amending the statutes in each house of the legislature repealing all mandates that are wholly state-imposed and that have a negative uncompensated fiscal effect on local governmental units.

SB40-ASA1-AA1, s. 9v Section 9v. 13.591 of the statutes is created to read:

SB40-ASA1-AA1,32,6 13.591 Funding of state-imposed mandates. (1) Definition. In this section, "mandate" has the meaning set forth in s. 13.59 (1) (b).

SB40-ASA1-AA1,32,14 (2) Appropriation increase. The legislature may not enact a bill on or after the effective date of this subsection .... [revisor inserts date], that contains a mandate unless the bill has had a public hearing before the joint committee on state mandates or contains an appropriation to provide for reimbursement under s. 16.59 for the current fiscal biennium, and requires that an appropriation be provided in all subsequent fiscal years in which the mandate is imposed, by the applicable amount specified in the report prepared under s. 13.59 (5), to provide for reimbursement under s. 16.59.

SB40-ASA1-AA1,32,19 (3) Enforcement prohibited if unfunded. If a bill that contains a mandate is enacted after the effective date of this subsection .... [revisor inserts date], is not in compliance with sub. (2), or if the legislature does not provide an appropriation as required by sub. (2) for the mandate, the mandate contained in the enacted bill may not be enforced until the required appropriation is provided.

SB40-ASA1-AA1,33,2 (4) Existing unfunded mandates. If the joint committee on state mandates determines that a law enacted or rule promulgated on or before the effective date of this subsection .... [revisor inserts date], contains a mandate that is wholly state-imposed and that has a negative uncompensated fiscal effect on local governmental units, the committee shall introduce a bill in each house of the legislature repealing the law or making the rule ineffective unless the committee determines that the uncompensated fiscal effect is minimal.".

SB40-ASA1-AA1,33,3 23. Page 7, line 15: after that line insert:

SB40-ASA1-AA1,33,4 " Section 9rg. 13.58 (5) (b) 5. of the statutes is created to read:

SB40-ASA1-AA1,33,10 13.58 (5) (b) 5. Review any University of Wisconsin System, institution, or college campus information technology project identified in a report submitted to the committee by the Board of Regents under s. 36.59 (7) to determine whether the project should be continued or implemented. The committee may forward any recommendations regarding the project to the governor and to the legislature under s. 13.172 (2).".

SB40-ASA1-AA1,33,11 24. Page 7, line 22: delete lines 22 to 25.

SB40-ASA1-AA1,33,12 25. Page 8, line 1: delete lines 1 to 25.

SB40-ASA1-AA1,33,13 26. Page 9, line 1: delete lines 1 to 25.

SB40-ASA1-AA1,33,14 27. Page 10, line 15: delete lines 15 to 24.

SB40-ASA1-AA1,33,15 28. Page 15, line 17: delete "family long-term" and substitute "family".

SB40-ASA1-AA1,33,16 29. Page 16, line 1: delete lines 1 to 8.

SB40-ASA1-AA1,33,17 30. Page 16, line 22: after that line insert:

SB40-ASA1-AA1,33,18 " Section 20m. 14.037 of the statutes is created to read:

SB40-ASA1-AA1,34,3 14.037 Legislative approval of Indian gaming on lands taken into trust after October 17, 1988. The governor may not concur with a determination of the U.S. secretary of the interior, under 25 USC 2719 (b) (1) (A), that a gaming establishment proposed to be located on lands acquired by the U.S. secretary of the interior in trust for the benefit of an Indian tribe after October 17, 1988, would be in the best interest of the Indian tribe and its members and would not be detrimental to the surrounding community, unless the legislature first concurs in the determination by joint resolution.".

SB40-ASA1-AA1,34,4 31. Page 16, line 23: delete lines 23 to 25.

SB40-ASA1-AA1,34,5 32. Page 17, line 1: delete lines 1 to 3.