CMH/RAVC/TJD:wlj:jf
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-CSA1,2,79
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-CSA1,2,119
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-CSA1,2,1914
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-CSA1,3,922
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-CSA1,4,5
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-CSA1,4,248
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-CSA1,5,16
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-CSA1,5,2419
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-CSA1,6,73
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-CSA1,6,1510
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-CSA1,6,2218
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-CSA1,7,9
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-CSA1,7,1712
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-CSA1,7,2420
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-CSA1,8,43
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-CSA1,8,87
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-CSA1,8,1510
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:
AB11-CSA1,9,123
16.52
(7) Petty cash account. With the approval of the secretary, each agency
4that is authorized to maintain a contingent fund under s. 20.920 may establish a
5petty cash account from its contingent fund. The procedure for operation and
6maintenance of petty cash accounts and the character of expenditures therefrom
7shall be prescribed by the secretary. In this subsection, "agency" means an office,
8department, independent agency, institution of higher education, association,
9society, or other body in state government created or authorized to be created by the
10constitution or any law, that is entitled to expend moneys appropriated by law,
11including the legislature and the courts, but not including an authority created in
12subch. II of ch. 114 or subch. III of ch. 149 or in ch.
52, 231, 233, 234, 237, 238, or 279.
AB11-CSA1,9,2015
16.528
(1) (a) "Agency" means an office, department, independent agency,
16institution of higher education, association, society, or other body in state
17government created or authorized to be created by the constitution or any law, that
18is entitled to expend moneys appropriated by law, including the legislature and the
19courts, but not including an authority created in subch. II of ch. 114 or subch. III of
20ch. 149 or in ch.
52, 231, 233, 234, 237, 238, or 279.
AB11-CSA1,9,2523
16.53
(2) Improper invoices. If an agency receives an improperly completed
24invoice, the agency shall notify the sender of the invoice within 10 working days after
25it receives the invoice of the reason it is improperly completed. In this subsection,
1"agency" means an office, department, independent agency, institution of higher
2education, association, society, or other body in state government created or
3authorized to be created by the constitution or any law, that is entitled to expend
4moneys appropriated by law, including the legislature and the courts, but not
5including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch.
652, 231, 233, 234, 237, 238, or 279.
AB11-CSA1,10,149
16.54
(9) (a) 1. "Agency" means an office, department, independent agency,
10institution of higher education, association, society or other body in state
11government created or authorized to be created by the constitution or any law, which
12is entitled to expend moneys appropriated by law, including the legislature and the
13courts, but not including an authority created in subch. II of ch. 114 or subch. III of
14ch. 149 or in ch.
52, 231, 233, 234, 237, 238, or 279.
AB11-CSA1,10,1716
16.70
(2) "Authority" means a body created under subch. II of ch. 114 or subch.
17III of ch. 149 or under ch.
52, 231, 232, 233, 234, 235, 237, or 279.
AB11-CSA1,11,721
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
22Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
23Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
24Fox River Remediation Authority,
the Wisconsin Quality Home Care Authority, the
25Wisconsin Economic Development Corporation, and the Bradley Center Sports and
1Entertainment Corporation shall include in all contracts executed by them a
2provision obligating the contractor not to discriminate against any employee or
3applicant for employment because of age, race, religion, color, handicap, sex, physical
4condition, developmental disability as defined in s. 51.01 (5), sexual orientation as
5defined in s. 111.32 (13m), or national origin and, except with respect to sexual
6orientation, obligating the contractor to take affirmative action to ensure equal
7employment opportunities.
AB11-CSA1,12,210
16.765
(2) Contracting agencies, the University of Wisconsin Hospitals and
11Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
12Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
13Fox River Remediation Authority,
the Wisconsin Quality Home Care Authority, the
14Wisconsin Economic Development Corporation, and the Bradley Center Sports and
15Entertainment Corporation shall include the following provision in every contract
16executed by them: "In connection with the performance of work under this contract,
17the contractor agrees not to discriminate against any employee or applicant for
18employment because of age, race, religion, color, handicap, sex, physical condition,
19developmental disability as defined in s. 51.01 (5), sexual orientation or national
20origin. This provision shall include, but not be limited to, the following: employment,
21upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
22termination; rates of pay or other forms of compensation; and selection for training,
23including apprenticeship. Except with respect to sexual orientation, the contractor
24further agrees to take affirmative action to ensure equal employment opportunities.
25The contractor agrees to post in conspicuous places, available for employees and
1applicants for employment, notices to be provided by the contracting officer setting
2forth the provisions of the nondiscrimination clause".
AB11-CSA1,12,94
16.765
(4) Contracting agencies, the University of Wisconsin Hospitals and
5Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
6Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
7Fox River Remediation Authority,
the Wisconsin Quality Home Care Authority, and
8the Bradley Center Sports and Entertainment Corporation shall take appropriate
9action to revise the standard government contract forms under this section.
AB11-CSA1,13,412
16.765
(5) The head of each contracting agency and the boards of directors of
13the University of Wisconsin Hospitals and Clinics Authority, the Fox River
14Navigational System Authority, the Wisconsin Aerospace Authority, the Health
15Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
16Authority,
the Wisconsin Quality Home Care Authority, the Wisconsin Economic
17Development Corporation, and the Bradley Center Sports and Entertainment
18Corporation shall be primarily responsible for obtaining compliance by any
19contractor with the nondiscrimination and affirmative action provisions prescribed
20by this section, according to procedures recommended by the department. The
21department shall make recommendations to the contracting agencies and the boards
22of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox
23River Navigational System Authority, the Wisconsin Aerospace Authority, the
24Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
25Authority,
the Wisconsin Quality Home Care Authority, the Wisconsin Economic
1Development Corporation, and the Bradley Center Sports and Entertainment
2Corporation for improving and making more effective the nondiscrimination and
3affirmative action provisions of contracts. The department shall promulgate such
4rules as may be necessary for the performance of its functions under this section.
AB11-CSA1,13,167
16.765
(6) The department may receive complaints of alleged violations of the
8nondiscrimination provisions of such contracts. The department shall investigate
9and determine whether a violation of this section has occurred. The department may
10delegate this authority to the contracting agency, the University of Wisconsin
11Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
12Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
13the Lower Fox River Remediation Authority,
the Wisconsin Quality Home Care
14Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
15Sports and Entertainment Corporation for processing in accordance with the
16department's procedures.
AB11-CSA1,14,519
16.765
(7) (intro.) When a violation of this section has been determined by the
20department, the contracting agency, the University of Wisconsin Hospitals and
21Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
22Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
23Fox River Remediation Authority,
the Wisconsin Quality Home Care Authority, the
24Wisconsin Economic Development Corporation, or the Bradley Center Sports and
25Entertainment Corporation, the contracting agency, the University of Wisconsin
1Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
2Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
3the Lower Fox River Remediation Authority,
the Wisconsin Quality Home Care
4Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
5Sports and Entertainment Corporation shall:
AB11-CSA1,14,158
16.765
(7) (d) Direct the violating party to take immediate steps to prevent
9further violations of this section and to report its corrective action to the contracting
10agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
11Navigational System Authority, the Wisconsin Aerospace Authority, the Health
12Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
13Authority,
the Wisconsin Quality Home Care Authority, the Wisconsin Economic
14Development Corporation, or the Bradley Center Sports and Entertainment
15Corporation.
AB11-CSA1,15,1218
16.765
(8) If further violations of this section are committed during the term
19of the contract, the contracting agency, the Fox River Navigational System Authority,
20the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
21Authority, the Lower Fox River Remediation Authority,
the Wisconsin Quality Home
22Care Authority, the Wisconsin Economic Development Corporation, or the Bradley
23Center Sports and Entertainment Corporation may permit the violating party to
24complete the contract, after complying with this section, but thereafter the
25contracting agency, the Fox River Navigational System Authority, the Wisconsin
1Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
2Fox River Remediation Authority,
the Wisconsin Quality Home Care Authority, the
3Wisconsin Economic Development Corporation, or the Bradley Center Sports and
4Entertainment Corporation shall request the department to place the name of the
5party on the ineligible list for state contracts, or the contracting agency, the Fox River
6Navigational System Authority, the Wisconsin Aerospace Authority, the Health
7Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
8Authority,
the Wisconsin Quality Home Care Authority, the Wisconsin Economic
9Development Corporation, or the Bradley Center Sports and Entertainment
10Corporation may terminate the contract without liability for the uncompleted
11portion or any materials or services purchased or paid for by the contracting party
12for use in completing the contract.
AB11-CSA1,15,2415
16.85
(2) To furnish engineering, architectural, project management, and other
16building construction services whenever requisitions therefor are presented to the
17department by any agency. The department may deposit moneys received from the
18provision of these services in the account under s. 20.505 (1) (kc) or in the general
19fund as general purpose revenue — earned. In this subsection, "agency" means an
20office, department, independent agency, institution of higher education, association,
21society, or other body in state government created or authorized to be created by the
22constitution or any law, which is entitled to expend moneys appropriated by law,
23including the legislature and the courts, but not including an authority created in
24subch. II of ch. 114 or subch. III of ch. 149 or in ch.
52, 231, 233, 234, 237, 238, or 279.
AB11-CSA1,16,173
16.865
(8) Annually in each fiscal year, allocate as a charge to each agency a
4proportionate share of the estimated costs attributable to programs administered by
5the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
6may charge premiums to agencies to finance costs under this subsection and pay the
7costs from the appropriation on an actual basis. The department shall deposit all
8collections under this subsection in the appropriation account under s. 20.505 (2) (k).
9Costs assessed under this subsection may include judgments, investigative and
10adjustment fees, data processing and staff support costs, program administration
11costs, litigation costs, and the cost of insurance contracts under sub. (5). In this
12subsection, "agency" means an office, department, independent agency, institution
13of higher education, association, society, or other body in state government created
14or authorized to be created by the constitution or any law, that is entitled to expend
15moneys appropriated by law, including the legislature and the courts, but not
16including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch.
1752, 231, 232, 233, 234, 235, 237, 238, or 279.