Amendment ASA1-AB75

AB75-ASA1,25,12 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 52, 231, 233, 234, 237, and 279, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.

AB75-ASA1, s. 47 Section 47. 16.004 (12) (a) of the statutes is amended to read:

AB75-ASA1,25,21 16.004 (12) (a) In this subsection, "state agency" means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Fox River Navigational System Authority.

AB75-ASA1, s. 48 Section 48. 16.004 (15) of the statutes is created to read:

AB75-ASA1,25,25 16.004 (15) Legal services. (a) In this subsection, "state agency" means a department in the executive branch of state government that has a secretary who serves at the pleasure of the governor.

AB75-ASA1,26,4 (b) The department may provide legal services to state agencies and shall assess state agencies for legal services provided by the division of legal services. The department shall credit all moneys received from state agencies under this paragraph to the appropriation account under s. 20.505 (1) (kr).

AB75-ASA1,26,6 (bm) In the report submitted under s. 16.705 (8), the department shall document the division's success in reducing the state's use of contracted employees.

AB75-ASA1, s. 49 Section 49. 16.009 (1) (em) 6. of the statutes is amended to read:

AB75-ASA1,26,8 16.009 (1) (em) 6. An adult family home, as defined in s. 50.01 (1) (a) or (b).

AB75-ASA1, s. 50 Section 50. 16.009 (1) (em) 7. of the statutes is created to read:

AB75-ASA1,26,11 16.009 (1) (em) 7. A residential care apartment complex, as defined in s. 50.01 (1d).

AB75-ASA1, s. 52 Section 52. 16.045 (1) (a) of the statutes is amended to read:

AB75-ASA1,26,18 16.045 (1) (a) "Agency" means an office, department, independent 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232, 233, 234, 235, 237, or 279.

AB75-ASA1, s. 53 Section 53. 16.15 (1) (ab) of the statutes is amended to read:

AB75-ASA1,26,23 16.15 (1) (ab) "Authority" has the meaning given under s. 16.70 (2), but excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Health Insurance Risk-Sharing Plan Authority.

AB75-ASA1, s. 54 Section 54. 16.18 (5) of the statutes is amended to read:

AB75-ASA1,27,2 16.18 (5) No county may receive a grant under this section in an amount exceeding $500,000 $600,000 in any state fiscal year.

AB75-ASA1, s. 55 Section 55. 16.19 of the statutes is amended to read:

AB75-ASA1,27,10 16.19 Civil legal services for the indigent. Annually, the department shall pay the amount appropriated under s. 20.505 (1) (e) (jc) to the Wisconsin Trust Account Foundation, Inc., to provide civil legal services to indigent persons. The Wisconsin Trust Account Foundation, Inc., shall distribute the amount received as grants to programs that provide civil legal services to indigent persons, and those programs may use the grant funds to match other federal and private grants. The grants may be used only for the purposes for which the funding was provided.

AB75-ASA1, s. 64m Section 64m. 16.27 (3) (e) 1. of the statutes is amended to read:

AB75-ASA1,27,16 16.27 (3) (e) 1. Allocate and transfer to the appropriation under s. 20.505 (1) (kn) (n), 15% of the moneys received under 42 USC 8621 to 8629 in each federal fiscal year under the priority of maintaining funding for the geographical areas on July 20, 1985, and, if funding is reduced, prorating contracted levels of payment, for the weatherization assistance program administered by the department under s. 16.26.

AB75-ASA1, s. 68 Section 68. 16.27 (5) (c) of the statutes is amended to read:

AB75-ASA1,27,21 16.27 (5) (c) A household entirely composed of persons receiving aid to families with dependent children under s. 49.19, food stamps under 7 USC 2011 to 2029 2036, or supplemental security income or state supplemental payments under 42 USC 1381 to 1383c or s. 49.77.

AB75-ASA1, s. 69 Section 69. 16.27 (5) (e) of the statutes is created to read:

AB75-ASA1,28,2 16.27 (5) (e) A household that is not eligible under par. (c) that includes at least one person who is eligible for food stamps under 7 USC 2011 to 2036, excluding any household in an institution, as defined by the department of health services by rule. Notwithstanding sub. (6), a household under this paragraph shall be eligible for a heating assistance benefit of not more than $1.

AB75-ASA1, s. 74 Section 74. 16.41 (4) of the statutes is amended to read:

AB75-ASA1,28,5 16.41 (4) In this section, "authority" means a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 233, 234, 237, or 279.

AB75-ASA1, s. 75 Section 75. 16.417 (1) (b) of the statutes is amended to read:

AB75-ASA1,28,8 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 52, 231, 232, 233, 234, 235, 237, or 279.

AB75-ASA1, s. 76 Section 76. 16.42 (1) (f) of the statutes is repealed.

AB75-ASA1, s. 76L Section 76L. 16.42 (1) (h) of the statutes is created to read:

AB75-ASA1,28,13 16.42 (1) (h) 1. The number of contracted positions providing services for the agency that are paid from the agency's base level funding and an identification of the appropriation or appropriations used to fund the contracted positions.

AB75-ASA1,28,15 2. The total amount of agency base level funding used to pay for the contracted positions.

AB75-ASA1,28,18 3. The amount of funding requested for contracted positions and an identification of the appropriation or appropriations that will be used to fund the contracted positions.

AB75-ASA1,28,21 4. An estimate of the number of additional full-time equivalent state employee positions that the agency would need to perform all of the services provided by contracted positions.

AB75-ASA1, s. 77 Section 77. 16.42 (3) of the statutes is created to read:

AB75-ASA1,29,2 16.42 (3) In formulating the 2011-13 biennial budget bill, the secretary shall assume that the base level of funding for general equalization aid distributed to school districts from the appropriation under s. 20.255 (2) (ac) in the 2011-13 fiscal biennium is the sum of the amounts appropriated under s. 20.255 (2) (ac) and (p) in the 2010-11 fiscal year.

AB75-ASA1, s. 79 Section 79. 16.423 of the statutes is repealed.

AB75-ASA1, s. 80 Section 80. 16.45 of the statutes is amended to read:

AB75-ASA1,29,16 16.45 Budget message to legislature. In each regular session of the legislature, the governor shall deliver the budget message to the 2 houses in joint session assembled. Unless a later date is requested by the governor and approved by the legislature in the form of a joint resolution, the budget message shall be delivered on or before the last Tuesday in January of the odd-numbered year. With the message the governor shall transmit to the legislature, as provided in ss. 16.46 and 16.47, the biennial state budget report and the executive budget bill or bills together with suggestions for the best methods for raising the needed revenues. The governor may distribute the biennial state budget report in printed or optical disk format or post the biennial state budget report on the Internet, except that, if requested by a member of the legislature, the governor shall provide the member with a printed copy of the biennial state budget report.

AB75-ASA1, s. 81 Section 81. 16.46 (intro.) of the statutes is amended to read:

AB75-ASA1,30,2 16.46 Biennial budget, contents. (intro.) The biennial state budget report shall be prepared by the secretary, under the direction of the governor, and a copy of a budget-in-brief thereof shall be furnished to each member of the legislature or posted on the Internet on the day of the delivery of the budget message. The biennial state budget report shall be furnished to each member of the legislature or posted on the Internet on the same day and shall. If requested by a member of the legislature, the governor shall provide the member with a printed copy of the budget-in-brief and the biennial state budget report. The biennial state budget report shall contain the following information:

AB75-ASA1, s. 82 Section 82. 16.46 (5g) of the statutes is repealed.

AB75-ASA1, s. 82L Section 82L. 16.46 (10) of the statutes is created to read:

AB75-ASA1,30,8 16.46 (10) (a) A statement of the number of contracted positions providing services for each state agency that are paid from the agency's base level funding and an identification of the appropriation or appropriations used to fund the contracted positions.

AB75-ASA1,30,10 (b) A statement of the total amount of each state agency's base level funding used to pay for the contracted positions.

AB75-ASA1,30,13 (c) A statement of the amount of funding requested by state agencies for contracted positions and an identification of the appropriation or appropriations that will be used to fund the contracted positions.

AB75-ASA1,30,16 (d) An estimate of the number of additional full-time equivalent state employee positions that each state agency would need to perform all of the services provided by contracted positions.

AB75-ASA1, s. 84 Section 84. 16.50 (3) (e) of the statutes is amended to read:

AB75-ASA1,30,20 16.50 (3) (e) No pay increase may be approved unless it is at the rate or within the pay ranges prescribed in the compensation plan or as provided in a collective bargaining agreement under subch. V or VI of ch. 111.

AB75-ASA1, s. 87 Section 87. 16.501 of the statutes is repealed.

AB75-ASA1, s. 88 Section 88. 16.505 (1) (intro.) of the statutes is amended to read:

AB75-ASA1,30,25 16.505 (1) (intro.) Except as provided in subs. (2), (2e), (2m), (2n), and (2p), no position, as defined in s. 230.03 (11), regardless of funding source or type, may be created or abolished unless authorized by one of the following:

AB75-ASA1, s. 91 Section 91. 16.505 (2m) of the statutes is amended to read:

AB75-ASA1,31,13 16.505 (2m) The board of regents of the University of Wisconsin System may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (gs), (h), (ip), (iz), (j), (kc), (m), (n), or (u) (q) to (w) or (3) (iz) or (n) and may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (im) that are generated from increased enrollment and from courses for which the academic fees or tuition charged equals the full cost of offering the courses. No later than the last day of the month following completion of each calendar quarter, the board of regents shall report to the department and the cochairpersons of the joint committee on finance concerning the number of full-time equivalent positions created or abolished by the board under this subsection during the preceding calendar quarter and the source of funding for each such position.

AB75-ASA1, s. 93 Section 93. 16.52 (7) of the statutes is amended to read:

AB75-ASA1,31,25 16.52 (7) Petty cash account. Petty cash account. With the approval of the secretary, each agency that is authorized to maintain a contingent fund under s. 20.920 may establish a petty cash account from its contingent fund. The procedure for operation and maintenance of petty cash accounts and the character of expenditures therefrom shall be prescribed by the secretary. In this subsection, "agency" means an office, department, independent 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, 237, or 279.

AB75-ASA1, s. 94 Section 94. 16.528 (1) (a) of the statutes is amended to read:

AB75-ASA1,32,7 16.528 (1) (a) "Agency" means an office, department, independent 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, 237, or 279.

AB75-ASA1, s. 95 Section 95. 16.53 (2) of the statutes is amended to read:

AB75-ASA1,32,17 16.53 (2) Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason it is improperly completed. In this subsection, "agency" means an office, department, independent 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, 237, or 279.

AB75-ASA1, s. 96 Section 96. 16.53 (4) of the statutes is amended to read:

AB75-ASA1,32,25 16.53 (4) Audit order endorsed on claim; record. The order of the secretary auditing any claim shall be endorsed on or annexed to such claim, shall specify the amount allowed, the fund from which the same is payable, and the law that authorizes payment of such claim out of the treasury; and said order with the claim and all evidence relative thereto shall be filed and preserved in the secretary's office. The secretary may develop procedures to permit electronic compliance with any requirement under this subsection.

AB75-ASA1, s. 98 Section 98. 16.54 (9) (a) 1. of the statutes is amended to read:

AB75-ASA1,33,7 16.54 (9) (a) 1. "Agency" means an office, department, independent 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, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, 237, or 279.

AB75-ASA1, s. 99 Section 99. 16.70 (2) of the statutes is amended to read:

AB75-ASA1,33,10 16.70 (2) "Authority" means a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 232, 233, 234, 235, 237, or 279.

AB75-ASA1, s. 102 Section 102. 16.705 (3) (c) of the statutes is amended to read:

AB75-ASA1,33,13 16.705 (3) (c) Do not enter into any contract for contractual services in conflict with any collective bargaining agreement under subch. V or VI of ch. 111.

AB75-ASA1, s. 104L Section 104L. 16.705 (9) of the statutes is created to read:

AB75-ASA1,33,17 16.705 (9) (a) In this subsection, "federal economic stimulus funds" means federal moneys received by the state, pursuant to federal legislation enacted during the 111th Congress for the purpose of reviving the economy of the United States.

AB75-ASA1,33,22 (b) Except as provided in pars. (c) and (d), if in any fiscal year an agency in the executive branch is prohibited from hiring employees to fill vacant positions or its employees are required to serve an unpaid leave of absence, the agency may not enter into, renew, or extend any contractual services contracts with private contractors or consultants for the remainder of that fiscal year.

AB75-ASA1,34,4 (c) Paragraph (b) shall not apply to contractual services contracts that are funded with federal economic stimulus funds and the secretary determines that any deadlines imposed by the federal government on the expenditure of the federal economic stimulus funds cannot be met without an agency's entering into, renewing, or extending a contractual services contract or a cost-benefit analysis is conducted that demonstrates that a contractual services contract would be more cost effective and efficient than having state employees perform the services.

AB75-ASA1,34,13 (d) An agency in the executive branch may submit a written request to the joint committee on finance to have par. (b) not apply to the agency with respect to a specific contractual services contract. If the cochairpersons of the committee do not notify the agency within 14 working days after the date of the agency's submittal that the committee intends to schedule a meeting to review the request, approval of the request is granted. If, within 14 working days after the date of the agency's request submittal, the cochairpersons of the committee notify the agency that the committee intends to schedule a meeting to review the request, the request may be granted only as approved by the committee.

AB75-ASA1, s. 104n Section 104n. 16.72 (4) (b) of the statutes is renumbered 16.72 (4) (b) 1.

AB75-ASA1, s. 104p Section 104p. 16.72 (4) (b) 2. of the statutes is created to read:

AB75-ASA1,35,3 16.72 (4) (b) 2. The department and its designated agents under s. 16.71 (1) shall grant to any entity or group that is entitled to participate in federal surplus property sales or auctions or is entitled to special purchasing rights or preference in sales or auctions of federal surplus property administered by the U.S. General Services Administration the same purchasing rights and preference in any sale or auction of state surplus property as are available to agencies. This subdivision does not apply if participation in a sale or auction is available only to state or local units of government or other tax-supported agencies. The department and its designated agents under s. 16.71 (1) may restrict the resale of any property that is acquired by an entity or group under this subdivision. The department and its designated agents under s. 16.71 (1) may require entities and groups that are granted rights under this subdivision to show proof of eligibility for purchasing rights or participation in sales or auctions administered by the U.S. General Services Administration.

AB75-ASA1, s. 105 Section 105. 16.765 (1) of the statutes is amended to read:

AB75-ASA1,35,15 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.

AB75-ASA1, s. 106 Section 106. 16.765 (2) of the statutes is amended to read:

AB75-ASA1,36,9 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause".

AB75-ASA1, s. 107 Section 107. 16.765 (4) of the statutes is amended to read:

AB75-ASA1,36,16 16.765 (4) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Bradley Center Sports and Entertainment Corporation shall take appropriate action to revise the standard government contract forms under this section.

AB75-ASA1, s. 108 Section 108. 16.765 (5) of the statutes is amended to read:

AB75-ASA1,37,9 16.765 (5) The head of each contracting agency and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Bradley Center Sports and Entertainment Corporation shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Bradley Center Sports and Entertainment Corporation for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.

AB75-ASA1, s. 109 Section 109. 16.765 (6) of the statutes is amended to read:

AB75-ASA1,37,19 16.765 (6) The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.

AB75-ASA1, s. 110 Section 110. 16.765 (7) (intro.) of the statutes is amended to read: