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January 2011 Special Session
2011 - 2012 LEGISLATURE
CONFERENCE SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 11
March 9, 2011 - Offered by Committee of Conference on January 2011 Special
Session Assembly Bill 11
.
AB11-CSA1,1,3 1An Act relating to: state finances, collective bargaining for public employees,
2compensation and fringe benefits of public employees, the state civil service
3system, the Medical Assistance program.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB11-CSA1, s. 1 4Section 1. 7.33 (1) (c) of the statutes is amended to read:
AB11-CSA1,1,75 7.33 (1) (c) "State agency" has the meaning given under s. 20.001 (1) and
6includes an authority created under subch. II of ch. 114 or ch. 52, 231, 232, 233, 234,
7or 237.
AB11-CSA1, s. 2 8Section 2. 7.33 (4) of the statutes is amended to read:
AB11-CSA1,2,79 7.33 (4) Except as otherwise provided in this subsection, each local
10governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon
11proper application under sub. (3), permit each of its employees to serve as an election

1official under s. 7.30 without loss of fringe benefits or seniority privileges earned for
2scheduled working hours during the period specified in sub. (3), without loss of pay
3for scheduled working hours during the period specified in sub. (3) except as provided
4in sub. (5), and without any other penalty. For employees who are included in a
5collective bargaining unit for which a representative is recognized or certified under
6subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a
7collective bargaining agreement.
AB11-CSA1, s. 3 8Section 3. 13.111 (2) of the statutes is amended to read:
AB11-CSA1,2,119 13.111 (2) Duties. The joint committee on employment relations shall perform
10the functions assigned to it under subchs. subch. V and VI of ch. 111, subch. II of ch.
11230 and ss. 16.53 (1) (d) 1., 20.916, 20.917, and 20.923 and 40.05 (1) (b).
AB11-CSA1, s. 4 12Section 4. 13.172 (1) of the statutes, as affected by 2011 Wisconsin Act 7, is
13amended to read:
AB11-CSA1,2,1914 13.172 (1) In this section, "agency" means an office, department, agency,
15institution of higher education, association, society, or other body in state
16government created or authorized to be created by the constitution or any law, that
17is entitled to expend moneys appropriated by law, including the legislature and the
18courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in
19ch. 52, 231, 233, 234, 238, or 279.
AB11-CSA1, s. 5 20Section 5. 13.48 (13) (a) of the statutes, as affected by 2011 Wisconsin Act 7,
21is amended to read:
AB11-CSA1,3,922 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or
23facility that is constructed for the benefit of or use of the state, any state agency,
24board, commission or department, the University of Wisconsin Hospitals and Clinics
25Authority, the Fox River Navigational System Authority, the Wisconsin Quality

1Home Care Authority,
the Wisconsin Economic Development Corporation, or any
2local professional baseball park district created under subch. III of ch. 229 if the
3construction is undertaken by the department of administration on behalf of the
4district, shall be in compliance with all applicable state laws, rules, codes and
5regulations but the construction is not subject to the ordinances or regulations of the
6municipality in which the construction takes place except zoning, including without
7limitation because of enumeration ordinances or regulations relating to materials
8used, permits, supervision of construction or installation, payment of permit fees, or
9other restrictions.
AB11-CSA1, s. 6 10Section 6. 13.488 (1) (m) of the statutes is amended to read:
AB11-CSA1,3,2211 13.488 (1) (m) The duty to compute determine and make payments to the
12United States required under 26 USC 148 (f) so that public debt, revenue obligations
13and operating notes issued pursuant to ch. 18 will not be treated as arbitrage bonds
14for the purpose of exclusion from gross income under 26 USC 103 (b) (2)
so as to avoid
15an adverse effect on any exclusion of interest from gross income for federal income
16tax purposes on public debt, revenue obligations, and operating notes issued
17pursuant to ch. 18, master lease obligations issued pursuant to s. 16.76, and
18appropriation obligations issued pursuant to s. 16.527 and to make any payments to
19advisors that assist in making the determination
. If the proceeds of an obligation are
20utilized for an activity that is financed from program revenue, the building
21commission shall make the payment payments required under this paragraph from
22that revenue, to the extent it is available.
AB11-CSA1, s. 7 23Section 7. 13.62 (2) of the statutes, as affected by 2011 Wisconsin Act 7, is
24amended to read:
AB11-CSA1,4,5
113.62 (2) "Agency" means any board, commission, department, office, society,
2institution of higher education, council, or committee in the state government, or any
3authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232,
4233, 234, 237, 238, or 279, except that the term does not include a council or
5committee of the legislature.
AB11-CSA1, s. 8 6Section 8. 13.94 (4) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 7,
7is amended to read:
AB11-CSA1,4,248 13.94 (4) (a) 1. Every state department, board, examining board, affiliated
9credentialing board, commission, independent agency, council or office in the
10executive branch of state government; all bodies created by the legislature in the
11legislative or judicial branch of state government; any public body corporate and
12politic created by the legislature including specifically the Wisconsin Quality Home
13Care Authority,
the Fox River Navigational System Authority, the Lower Fox River
14Remediation Authority, and the Wisconsin Aerospace Authority, and the Wisconsin
15Economic Development Corporation, a professional baseball park district, a local
16professional football stadium district, a local cultural arts district and a long-term
17care district under s. 46.2895; every Wisconsin works agency under subch. III of ch.
1849; every provider of medical assistance under subch. IV of ch. 49; technical college
19district boards; every county department under s. 51.42 or 51.437; every nonprofit
20corporation or cooperative or unincorporated cooperative association to which
21moneys are specifically appropriated by state law; and every corporation, institution,
22association or other organization which receives more than 50% of its annual budget
23from appropriations made by state law, including subgrantee or subcontractor
24recipients of such funds.
AB11-CSA1, s. 9
1Section 9. 13.95 (intro.) of the statutes, as affected by 2011 Wisconsin Act 7,
2is amended to read:
AB11-CSA1,5,16 313.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
4known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau
5shall be strictly nonpartisan and shall at all times observe the confidential nature
6of the research requests received by it; however, with the prior approval of the
7requester in each instance, the bureau may duplicate the results of its research for
8distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
9designated employees shall at all times, with or without notice, have access to all
10state agencies, the University of Wisconsin Hospitals and Clinics Authority, the
11Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
12the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care
13Authority,
the Wisconsin Economic Development Corporation, and the Fox River
14Navigational System Authority, and to any books, records, or other documents
15maintained by such agencies or authorities and relating to their expenditures,
16revenues, operations, and structure.
AB11-CSA1, s. 10 17Section 10. 15.07 (1) (a) 6. of the statutes is repealed.
AB11-CSA1, s. 11 18Section 11. 15.07 (4) of the statutes is amended to read:
AB11-CSA1,5,2419 15.07 (4) Quorum. A majority of the membership of a board constitutes a
20quorum to do business and, unless a more restrictive provision is adopted by the
21board, a majority of a quorum may act in any matter within the jurisdiction of the
22board. This subsection does not apply to actions of the government accountability
23board, the University of Wisconsin Hospitals and Clinics Board, or the school district
24boundary appeal board as provided in ss. 5.05 (1e), 15.96 (2), and 117.05 (2) (a).
AB11-CSA1, s. 12 25Section 12. 15.96 of the statutes is repealed.
AB11-CSA1, s. 13
1Section 13. 16.002 (2) of the statutes, as affected by 2011 Wisconsin Act 7, is
2amended to read:
AB11-CSA1,6,73 16.002 (2) "Departments" means constitutional offices, departments, and
4independent agencies and includes all societies, associations, and other agencies of
5state government for which appropriations are made by law, but not including
6authorities created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232,
7233, 234, 235, 237, 238, or 279.
AB11-CSA1, s. 14 8Section 14. 16.004 (4) of the statutes, as affected by 2011 Wisconsin Act 7, is
9amended to read:
AB11-CSA1,6,1510 16.004 (4) Freedom of access. The secretary and such employees of the
11department as the secretary designates may enter into the offices of state agencies
12and authorities created under subch. II of ch. 114 or and subch. III of ch. 149 and
13under chs. 52, 231, 233, 234, 237, 238, and 279, and may examine their books and
14accounts and any other matter that in the secretary's judgment should be examined
15and may interrogate the agency's employees publicly or privately relative thereto.
AB11-CSA1, s. 15 16Section 15. 16.004 (5) of the statutes, as affected by 2011 Wisconsin Act 7, is
17amended to read:
AB11-CSA1,6,2218 16.004 (5) Agencies and employees to cooperate. All state agencies and
19authorities created under subch. II of ch. 114 or and subch. III of ch. 149 and under
20chs. 52, 231, 233, 234, 237, 238, and 279, and their officers and employees, shall
21cooperate with the secretary and shall comply with every request of the secretary
22relating to his or her functions.
AB11-CSA1, s. 16 23Section 16. 16.004 (12) (a) of the statutes, as affected by 2011 Wisconsin Act
247
, is amended to read:
AB11-CSA1,7,9
116.004 (12) (a) In this subsection, "state agency" means an association,
2authority, board, department, commission, independent agency, institution, office,
3society, or other body in state government created or authorized to be created by the
4constitution or any law, including the legislature, the office of the governor, and the
5courts, but excluding the University of Wisconsin Hospitals and Clinics Authority,
6the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
7Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home
8Care Authority,
the Wisconsin Economic Development Corporation, and the Fox
9River Navigational System Authority.
AB11-CSA1, s. 17 10Section 17. 16.045 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 7,
11is amended to read:
AB11-CSA1,7,1712 16.045 (1) (a) "Agency" means an office, department, independent agency,
13institution of higher education, association, society, or other body in state
14government created or authorized to be created by the constitution or any law, that
15is entitled to expend moneys appropriated by law, including the legislature and the
16courts, but not including an authority created in subch. II of ch. 114 or subch. III of
17ch. 149 or in ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279.
AB11-CSA1, s. 18 18Section 18. 16.15 (1) (ab) of the statutes, as affected by 2011 Wisconsin Act 7,
19is amended to read:
AB11-CSA1,7,2420 16.15 (1) (ab) "Authority" has the meaning given under s. 16.70 (2), but
21excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
22River Remediation Authority, the Wisconsin Quality Home Care Authority, the
23Wisconsin Economic Development Corporation, and the Health Insurance
24Risk-Sharing Plan Authority.
AB11-CSA1, s. 19
1Section 19. 16.41 (4) of the statutes, as affected by 2011 Wisconsin Act 7, is
2amended to read:
AB11-CSA1,8,43 16.41 (4) In this section, "authority" means a body created under subch. II of
4ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 233, 234, 237, 238, or 279.
AB11-CSA1, s. 20 5Section 20. 16.417 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 7,
6is amended to read:
AB11-CSA1,8,87 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or
8ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279.
AB11-CSA1, s. 21 9Section 21. 16.50 (3) (b) of the statutes is amended to read:
AB11-CSA1,8,1510 16.50 (3) (b) No change in the number of full-time equivalent positions
11authorized through the biennial budget process or other legislative act may be made
12without the approval of the joint committee on finance, except for position changes
13made by the governor under s. 16.505 (1) (c) or (2), by the University of Wisconsin
14Hospitals and Clinics Board under s. 16.505 (2n),
or by the board of regents of the
15University of Wisconsin System under s. 16.505 (2m) or (2p).
AB11-CSA1, s. 22 16Section 22. 16.50 (3) (e) of the statutes is amended to read:
AB11-CSA1,8,1917 16.50 (3) (e) No pay increase may be approved unless it is at the rate or within
18the pay ranges prescribed in the compensation plan or as provided in a collective
19bargaining agreement under subch. V or VI of ch. 111.
AB11-CSA1, s. 23 20Section 23. 16.505 (1) (intro.) of the statutes is amended to read:
AB11-CSA1,8,2321 16.505 (1) (intro.) Except as provided in subs. (2), (2m), (2n), and (2p), no
22position, as defined in s. 230.03 (11), regardless of funding source or type, may be
23created or abolished unless authorized by one of the following:
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