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.
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
7.33 (1) (c) of the statutes is amended to read:
(c) "State agency" has the meaning given under s. 20.001 (1) and 6
includes an authority created under subch. II of ch. 114 or ch. 52,
231, 232, 233, 234, 7
Except as otherwise provided in this subsection, each local 10
governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon 11
proper application under sub. (3), permit each of its employees to serve as an election
official under s. 7.30 without loss of fringe benefits or seniority privileges earned for 2
scheduled working hours during the period specified in sub. (3), without loss of pay 3
for scheduled working hours during the period specified in sub. (3) except as provided 4
in sub. (5), and without any other penalty. For employees who are included in a 5
collective bargaining unit for which a representative is recognized or certified under 6
subch. V or VI
of ch. 111, this subsection shall apply unless otherwise provided in a 7
collective bargaining agreement.
13.111 (2) Duties.
The joint committee on employment relations shall perform 10
the functions assigned to it under subchs. subch.
V and VI
of ch. 111, subch. II of ch. 11
230 and ss. 16.53 (1) (d) 1., 20.916, 20.917, and
20.923 and 40.05 (1) (b)
In this section, "agency" means an office, department, agency, 15
institution of higher education, association, society, or other body in state 16
government created or authorized to be created by the constitution or any law, that 17
is entitled to expend moneys appropriated by law, including the legislature and the 18
courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in 19
231, 233, 234, 238, or 279.
(a) Except as provided in par. (b) or (c), every building, structure or 23
facility that is constructed for the benefit of or use of the state, any state agency, 24
board, commission or department, the University of Wisconsin Hospitals and Clinics 25
Authority, the Fox River Navigational System Authority, the Wisconsin Quality
1Home Care Authority,
the Wisconsin Economic Development Corporation, or any 2
local professional baseball park district created under subch. III of ch. 229 if the 3
construction is undertaken by the department of administration on behalf of the 4
district, shall be in compliance with all applicable state laws, rules, codes and 5
regulations but the construction is not subject to the ordinances or regulations of the 6
municipality in which the construction takes place except zoning, including without 7
limitation because of enumeration ordinances or regulations relating to materials 8
used, permits, supervision of construction or installation, payment of permit fees, or 9
AB11-CSA1, s. 6
13.488 (1) (m) of the statutes is amended to read:
(m) The duty to compute
and make payments to the 12
United 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 20
utilized for an activity that is financed from program revenue, the building 21
commission shall make the payment payments
required under this paragraph from 22
that revenue, to the extent it is available
"Agency" means any board, commission, department, office, society, 2
institution of higher education, council, or committee in the state government, or any 3
authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52,
231, 232, 4
233, 234, 237, 238, or 279, except that the term does not include a council or 5
committee of the legislature.
(a) 1. Every state department, board, examining board, affiliated 9
credentialing board, commission, independent agency, council or office in the 10
executive branch of state government; all bodies created by the legislature in the 11
legislative or judicial branch of state government; any public body corporate and 12
politic created by the legislature including specifically the Wisconsin Quality Home
the Fox River Navigational System Authority, the Lower Fox River 14
Remediation Authority, and
the Wisconsin Aerospace Authority, and
the Wisconsin 15
Economic Development Corporation, a professional baseball park district, a local 16
professional football stadium district, a local cultural arts district and a long-term 17
care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 18
49; every provider of medical assistance under subch. IV of ch. 49; technical college 19
district boards; every county department under s. 51.42 or 51.437; every nonprofit 20
corporation or cooperative or unincorporated cooperative association to which 21
moneys are specifically appropriated by state law; and every corporation, institution, 22
association or other organization which receives more than 50% of its annual budget 23
from appropriations made by state law, including subgrantee or subcontractor 24
recipients of such funds.
313.95 Legislative fiscal bureau.
(intro.) There is created a bureau to be 4
known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau 5
shall be strictly nonpartisan and shall at all times observe the confidential nature 6
of the research requests received by it; however, with the prior approval of the 7
requester in each instance, the bureau may duplicate the results of its research for 8
distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's 9
designated employees shall at all times, with or without notice, have access to all 10
state agencies, the University of Wisconsin Hospitals and Clinics Authority, the 11
Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, 12
the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care
the Wisconsin Economic Development Corporation, and the Fox River 14
Navigational System Authority, and to any books, records, or other documents 15
maintained by such agencies or authorities and relating to their expenditures, 16
revenues, operations, and structure.
15.07 (4) Quorum.
A majority of the membership of a board constitutes a 20
quorum to do business and, unless a more restrictive provision is adopted by the 21
board, a majority of a quorum may act in any matter within the jurisdiction of the 22
board. This subsection does not apply to actions of the government accountability 23
board, the University of Wisconsin Hospitals and Clinics Board,
or the school district 24
boundary appeal board as provided in ss. 5.05 (1e), 15.96 (2),
and 117.05 (2) (a).
"Departments" means constitutional offices, departments, and 4
independent agencies and includes all societies, associations, and other agencies of 5
state government for which appropriations are made by law, but not including 6
authorities created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52,
231, 232, 7
233, 234, 235, 237, 238, or 279.
16.004 (4) Freedom of access.
The secretary and such employees of the 11
department as the secretary designates may enter into the offices of state agencies 12
and authorities created under subch. II of ch. 114 or
subch. III of ch. 149 and 13
under chs. 52,
231, 233, 234, 237, 238, and 279, and may examine their books and 14
accounts and any other matter that in the secretary's judgment should be examined 15
and may interrogate the agency's employees publicly or privately relative thereto.
16.004 (5) Agencies and employees to cooperate.
All state agencies and 19
authorities created under subch. II of ch. 114 or
subch. III of ch. 149 and under 20
231, 233, 234, 237, 238, and 279, and their officers and employees, shall 21
cooperate with the secretary and shall comply with every request of the secretary 22
relating to his or her functions.
(a) In this subsection, "state agency" means an association, 2
authority, board, department, commission, independent agency, institution, office, 3
society, or other body in state government created or authorized to be created by the 4
constitution or any law, including the legislature, the office of the governor, and the 5
courts, but excluding the University of Wisconsin Hospitals and Clinics Authority, 6
the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan 7
Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home
the Wisconsin Economic Development Corporation, and the Fox 9
River Navigational System Authority.
(a) "Agency" means an office, department, independent agency, 13
institution of higher education, association, society, or other body in state 14
government created or authorized to be created by the constitution or any law, that 15
is entitled to expend moneys appropriated by law, including the legislature and the 16
courts, but not including an authority created in subch. II of ch. 114 or subch. III of 17
ch. 149 or in ch. 52,
231, 232, 233, 234, 235, 237, 238, or 279.
(ab) "Authority" has the meaning given under s. 16.70 (2), but 21
excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox 22
River Remediation Authority, the Wisconsin Quality Home Care Authority,
Wisconsin Economic Development Corporation, and the Health Insurance 24
Risk-Sharing Plan Authority.
In this section, "authority" means a body created under subch. II of 4
ch. 114 or subch. III of ch. 149 or under ch. 52,
231, 233, 234, 237, 238, or 279.
(b) "Authority" means a body created under subch. II of ch. 114 or 8
231, 232, 233, 234, 235, 237, 238, or 279.
(b) No change in the number of full-time equivalent positions 11
authorized through the biennial budget process or other legislative act may be made 12
without the approval of the joint committee on finance, except for position changes 13
made 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 15
University of Wisconsin System under s. 16.505 (2m) or (2p).
AB11-CSA1, s. 22
16.50 (3) (e) of the statutes is amended to read:
(e) No pay increase may be approved unless it is at the rate or within 18
the pay ranges prescribed in the compensation plan or as provided in a collective 19
bargaining agreement under subch. V or VI
of ch. 111.
AB11-CSA1, s. 23
16.505 (1) (intro.) of the statutes is amended to read:
(intro.) Except as provided in subs. (2), (2m), (2n),
and (2p), no 22
position, as defined in s. 230.03 (11), regardless of funding source or type, may be 23
created or abolished unless authorized by one of the following: