January 2011 Special Session
2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 11
February 22, 2011 - Offered by Representatives Grigsby, Mason, Shilling and
Pocan.
AB11-ASA1,1,4 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, sale of certain facilities, granting
4bonding authority, and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB11-ASA1, s. 1 5Section 1. 20.515 (1) (ut) of the statutes is amended to read:
AB11-ASA1,1,106 20.515 (1) (ut) Health insurance data collection and analysis and other
7consulting services
contracts. From the public employee trust fund, the amounts in
8the schedule for the costs of contracting for insurance data collection and analysis
9services under ss. 40.03 (6) (j) and 153.05 (2r) and other consulting services contracts
10under s. 40.03 (6) (j)
.
AB11-ASA1, s. 2 11Section 2. 20.866 (2) (xf) of the statutes is amended to read:
AB11-ASA1,2,11
120.866 (2) (xf) Building commission; refunding tax-supported and
2self-amortizing general obligation debt
incurred before July 1, 2011. From the
3capital improvement fund, a sum sufficient to refund the whole or any part of any
4unpaid indebtedness used to finance tax-supported or self-amortizing facilities.
5The state may contract public debt in an amount not to exceed $309,000,000
6$474,000,000 for this purpose. Such indebtedness shall be construed to include any
7premium and interest payable with respect thereto. Debt incurred by this paragraph
8shall be incurred before July 1, 2011, and shall be repaid under the appropriations
9providing for the retirement of public debt incurred for tax-supported and
10self-amortizing facilities in proportional amounts to the purposes for which the debt
11was refinanced.
AB11-ASA1, s. 3 12Section 3. 40.03 (6) (c) of the statutes is amended to read:
AB11-ASA1,2,2413 40.03 (6) (c) Shall not enter into any agreements to modify or expand group
14insurance coverage in a manner which conflicts with this chapter or rules of the
15department or materially affects the level of premiums required to be paid by the
16state or its employees, or the level of benefits to be provided, under any group
17insurance coverage. This restriction shall not be construed to prevent modifications
18required by law, prohibit the group insurance board from modifying the standard
19plan to establish a more cost effective benefit plan design or providing optional
20insurance coverages as alternatives to the standard insurance coverage when any
21excess of required premium over the premium for the standard coverage is paid by
22the employee, prohibit the group insurance board from encouraging participation in
23wellness or disease management programs,
or prohibit the group insurance board
24from providing other plans as authorized under par. (b).
AB11-ASA1, s. 4 25Section 4. 40.03 (6) (j) of the statutes is amended to read:
AB11-ASA1,3,5
140.03 (6) (j) May contract with the department of health services and may
2contract with other public or private entities for data collection and analysis services
3related to health maintenance organizations and insurance companies that provide
4health insurance to state employees, as well as for any other consulting services
5related to plans offered by the group insurance board
.
AB11-ASA1, s. 5 6Section 5. 40.04 (2) (a) of the statutes is amended to read:
AB11-ASA1,3,127 40.04 (2) (a) An administrative account shall be maintained within the fund
8from which administrative costs of the department shall be paid, except charges for
9services performed by the investment board, costs of medical and vocational
10evaluations used in determinations of eligibility for benefits under ss. 40.61, 40.63
11and 40.65 and costs of contracting for insurance data collection and analysis services
12and other consulting services under s. 40.03 (6) (j).
AB11-ASA1, s. 6 13Section 6. 40.04 (2) (e) of the statutes is amended to read:
AB11-ASA1,3,1614 40.04 (2) (e) The costs of contracting for insurance data collection and analysis
15services and other consulting services under s. 40.03 (6) (j) shall be paid from the
16appropriation under s. 20.515 (1) (ut).
AB11-ASA1, s. 7 17Section 7. 40.23 (2m) (e) 2. of the statutes is amended to read:
AB11-ASA1,3,2318 40.23 (2m) (e) 2. For each participant for creditable service as an elected official
19or as an executive participating employee that is performed before January 1, 2000,
202.165%; for such creditable service that is performed on or after January 1, 2000, but
21before the effective date of this subdivision .... [LRB inserts date],
2%; and for such
22creditable service that is performed on or after the effective date of this subdivision
23.... [LRB inserts date], 1.6%
.
AB11-ASA1, s. 8 24Section 8. 49.175 (1) (zh) of the statutes is amended to read:
AB11-ASA1,4,4
149.175 (1) (zh) Earned income tax credit supplement. For the transfer of
2moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation
3account under s. 20.835 (2) (kf) for the earned income tax credit, $6,664,200 in fiscal
4year 2009-10 and $6,664,200 $43,664,200 in fiscal year 2010-2011.
AB11-ASA1, s. 9 5Section 9. 71.05 (6) (b) 47. of the statutes, as created by 2011 Wisconsin Act
65
, is amended to read:
AB11-ASA1,4,257 71.05 (6) (b) 47. An amount equal to the increase in the number of full-time
8equivalent employees employed by the taxpayer in this state during the taxable year,
9multiplied by $4,000 for a business with gross receipts of no greater than $5,000,000
10in the taxable year or $2,000 for a business with gross receipts greater than
11$5,000,000 in the taxable year. For purposes of this subdivision, the increase in the
12number of full-time equivalent employees employed by the taxpayer in this state
13during the taxable year is determined by subtracting from the number of full-time
14equivalent employees employed by the taxpayer in this state during the taxable year,
15as determined by computing the average employee count from the taxpayer's
16quarterly unemployment insurance reports or other information as required by the
17department for the taxable year, the number of full-time equivalent employees
18employed by the taxpayer in this state during the immediately preceding taxable
19year, as determined by computing the average employee count from the taxpayer's
20quarterly unemployment insurance reports or other information as required by the
21department for the immediately preceding taxable year. No person may claim a
22deduction under this subdivision if the person may claim a credit deduction under
23this subchapter based on the person relocating the person's business from another
24state to this state and in an amount equal to the person's tax liability. The
25department shall promulgate rules to administer this subdivision.
AB11-ASA1, s. 10
1Section 10. 2009 Wisconsin Act 28, section 9222 (1d) is repealed.
AB11-ASA1, s. 9101 2Section 9101. Nonstatutory provisions; Administration.
AB11-ASA1,5,63 (1) Tax reciprocity payments, Minnesota. From the appropriation account
4under section 20.855 (4) (c) of the statutes, the secretary of administration shall
5make the payment due the state of Minnesota under the tax reciprocity agreement,
6as it relates to taxable year 2009, plus interest, no later than June 30, 2011.
AB11-ASA1, s. 9115 7Section 9115. Nonstatutory provisions; Employee Trust Funds.
AB11-ASA1,5,15 8(1) Allocation of certain excess reserves in the public employee trust fund
9to reduce employer health insurance costs during 2011.
Notwithstanding any
10action of the group insurance board under section 40.03 (6) (d) of the statutes, from
11reserve accounts established under section 20.515 (1) (r) of the statutes for group
12health insurance and pharmacy benefits for state employees, the secretary of
13employee trust funds shall allocate an amount equal to $28,000,000 to reduce
14employer costs for providing group health insurance for state employees for the
15period beginning on July 1, 2011, and ending on December 31, 2011.
AB11-ASA1,5,19 16(2) Agreements to modify group insurance coverage for state employees.
17Section 40.03 (6) (c) of the statutes shall not apply to any agreements entered into
18by the group insurance board to modify group insurance coverage for the 2012 and
192013 calendar years.
AB11-ASA1,6,420 (3) Reductions in health care premium costs for health care coverage
21during 2012 calendar year.
The group insurance board shall design health care
22coverage plans for the 2012 calendar year that, after adjusting for any inflationary
23increase in health benefit costs, as determined by the group insurance board, reduces
24the average premium cost of plans offered in the tier with the lowest employee
25premium cost under section 40.51 (6) of the statutes by at least 5 percent from the

1cost of such plans offered during the 2011 calendar year. The group insurance board
2shall include copayments in the health care coverage plans for the 2012 calendar
3year and may require health risk assessments for state employees and participation
4in wellness or disease management programs.
AB11-ASA1,6,13 5(4) Audit of dependent eligibility under benefit programs. If the department
6of employee trust funds determines that an audit of benefit programs administered
7by the department is necessary for the purpose of verifying the eligibility of
8dependents covered under the benefit programs, the department shall submit a
9written request to the secretary of administration to expend an amount not
10exceeding $700,000 from the appropriation account under section 20.515 (1) (w) of
11the statutes for the 2011-12 fiscal year to fund the cost of the audit. If the secretary
12of administration approves the request, the department of employee trust funds may
13proceed with the audit.
AB11-ASA1, s. 9155 14Section 9155. Nonstatutory provisions; Other.
AB11-ASA1,6,1615 (1) Section 20.003 (4) shall not apply to the actions of the legislature in enacting
16this act.
AB11-ASA1,7,217 (2) Employee savings for 2010-11 fiscal year. Before March 15, 2011, the
18secretary of administration shall negotiate with representatives of employees in
19collective bargaining units under subchapter V of chapter 111 of the statutes to
20require employees to pay for the remainder of the 2010-11 fiscal year an additional
21$27,891,400 in either employee required contributions under the Wisconsin
22retirement system or health insurance premiums, or both. The $27,891,400 amount
23shall be reduced by any additional amount that the secretary of administration
24requires nonrepresented employees to pay for the remainder of the 2010-11 fiscal in

1either employee required contributions under the Wisconsin retirement system or
2health insurance premiums, or both.
AB11-ASA1, s. 9208 3Section 9208. Fiscal changes; Children and Families.
AB11-ASA1,7,9 4(1) Temporary Assistance for Needy Families block grant funds. In the
5schedule under section 20.005 (3) of the statutes for the appropriation to the
6department of children and families under section 20.437 (2) (md) of the statutes, as
7affected by the acts of 2011, the dollar amount is increased by $37,000,000 for the
8second fiscal year of the fiscal biennium in which this subsection takes effect to
9support an increase in the earned income tax credit.
AB11-ASA1,7,10 10(2) Income augmentation lapse.
AB11-ASA1,7,1511 (a) Notwithstanding section 20.001 (3) (c) of the statutes, there is lapsed to the
12general fund from the appropriation account to the department of children and
13families under section 20.437 (1) (kx) of the statutes, as affected by the acts of 2011,
14$2,011,200 in the second fiscal year of the fiscal biennium in which this subsection
15takes effect.
AB11-ASA1,7,1816 (b) Notwithstanding 2007 Wisconsin Act 20, section 9201 (1c) (a), the secretary
17of administration shall apply the lapse under paragraph (a) to the lapse requirement
18for the 2009-11 fiscal biennium under 2007 Wisconsin Act 20, section 9201 (1c) (a).
AB11-ASA1, s. 9211 19Section 9211. Fiscal changes; Corrections.
AB11-ASA1,7,2520 (1) Adult correctional services. In the schedule under section 20.005 (3) of
21the statutes for the appropriation to the department of corrections under section
2220.410 (1) (a) of the statutes, as affected by the acts of 2011, the dollar amount is
23increased by $19,537,900 for the second fiscal year of the fiscal biennium in which
24this subsection takes effect to increase funding for the purpose for which the
25appropriation is made.
AB11-ASA1,8,1
1(2) Transfers.
AB11-ASA1,8,52 (a) There is transferred from the appropriation account under section 20.410
3(1) (f) of the statutes to the appropriation account under section 20.410 (1) (a) of the
4statutes $5,362,500 in the second fiscal year of the fiscal biennium in which this
5paragraph takes effect.
AB11-ASA1,8,96 (b) There is transferred from the appropriation account under section 20.410
7(1) (ab) of the statutes to the appropriation account under section 20.410 (1) (a) of the
8statutes $2,825,300 in the second fiscal year of the fiscal biennium in which this
9paragraph takes effect.
AB11-ASA1,8,1310 (c) There is transferred from the appropriation account under section 20.410
11(2) (a) of the statutes to the appropriation account under section 20.410 (1) (a) of the
12statutes $100,200 in the second fiscal year of the fiscal biennium in which this
13paragraph takes effect.
AB11-ASA1,8,1714 (d) There is transferred from the appropriation account under section 20.410
15(3) (cg) of the statutes to the appropriation account under section 20.410 (1) (a) of the
16statutes $71,000 in the second fiscal year of the fiscal biennium in which this
17paragraph takes effect.
AB11-ASA1,8,2118 (e) There is transferred from the appropriation account under section 20.410
19(1) (bm) of the statutes to the appropriation account under section 20.410 (1) (a) of
20the statutes $10,700 in the second fiscal year of the fiscal biennium in which this
21paragraph takes effect.
AB11-ASA1,8,2522 (f) There is transferred from the appropriation account under section 20.410
23(3) (a) of the statutes to the appropriation account under section 20.410 (1) (a) of the
24statutes $36,600 in the second fiscal year of the fiscal biennium in which this
25paragraph takes effect.
AB11-ASA1,9,4
1(g) There is transferred from the appropriation account under section 20.410
2(3) (cg) of the statutes to the appropriation account under section 20.410 (1) (b) of the
3statutes $2,138,400 in the second fiscal year of the fiscal biennium in which this
4paragraph takes effect.
AB11-ASA1, s. 9219 5Section 9219. Fiscal changes; Governor.
AB11-ASA1,9,126 (1) Lapses to general fund relating to employer savings in fringe benefit
7costs during the 2009-11 fiscal biennium.
Notwithstanding section 20.001 (3) (a) to
8(c) of the statutes, before July 1, 2011, the governor shall take actions to ensure that
9from general purpose revenue appropriations to the office of the governor under
10section 20.525 of the statutes an amount equal to $37,500 is lapsed from sum certain
11appropriation accounts or is subtracted from the expenditure estimates for any other
12type of appropriations, or both.
AB11-ASA1, s. 9221 13Section 9221. Fiscal changes; Health Services.
AB11-ASA1,9,14 14(1) Income augmentation lapse.
AB11-ASA1,9,1915 (a) Notwithstanding section 20.001 (3) (c) of the statutes, there is lapsed to the
16general fund from the appropriation account to the department of health services
17under section 20.435 (8) (mb) of the statutes, as affected by the acts of 2011,
18$4,500,000 in the second fiscal year of the fiscal biennium in which this subsection
19takes effect.
AB11-ASA1,9,2220 (b) Notwithstanding 2007 Wisconsin Act 20, section 9201 (1c) (a), the secretary
21of administration shall apply the lapse under paragraph (a) to the lapse requirement
22for the 2009-11 fiscal biennium under 2007 Wisconsin Act 20, section 9201 (1c) (a).
AB11-ASA1,9,25 23(2) Community aids appropriation. In the schedule under section 20.005 (3) of
24the statutes for the appropriation to the department of health services under section
2520.435 (7) (b) of the statutes, as affected by the acts of 2011, the dollar amount is

1decreased by $3,100,000 for the second fiscal year of the fiscal biennium in which this
2subsection takes effect for the purposes for which the appropriation is made.
AB11-ASA1,10,83 (3) Medical Assistance general purpose revenue appropriation. In the
4schedule under section 20.005 (3) of the statutes for the appropriation to the
5department of health services under section 20.435 (4) (b) of the statutes, as affected
6by the acts of 2011, the dollar amount is increased by $127,200,000 for the second
7fiscal year of the fiscal biennium in which this subsection takes effect for the
8purposes for which the appropriation is made.
AB11-ASA1,10,149 (4) Medical Assistance administration appropriation. In the schedule under
10section 20.005 (3) of the statutes for the appropriation to the department of health
11services under section 20.435 (4) (bm) of the statutes, as affected by the acts of 2011,
12the dollar amount is increased by $16,000,000 for the second fiscal year of the fiscal
13biennium in which this subsection takes effect for the purposes for which the
14appropriation is made.
AB11-ASA1,10,2015 (5) Income maintenance appropriation. In the schedule under section 20.005
16(3) of the statutes for the appropriation to the department of health services under
17section 20.435 (4) (bn) of the statutes, as affected by the acts of 2011, the dollar
18amount is increased by $2,500,000 for the second fiscal year of the fiscal biennium
19in which this subsection takes effect for the purposes for which the appropriation is
20made.
AB11-ASA1,10,2521 (6) Medical Assistance trust fund. In the schedule under section 20.005 (3)
22of the statutes for the appropriation to the department of health services under
23section 20.435 (4) (w) of the statutes, as affected by the acts of 2011, the dollar amount
24is increased by $6,700,000 for the second fiscal year of the fiscal biennium in which
25this subsection takes effect for the purposes for which the appropriation is made.
AB11-ASA1,11,6
1(7) Medical Assistance program benefits appropriation increase. In the
2schedule under section 20.005 (3) of the statutes for the appropriation to the
3department of health services under section 20.435 (4) (b) of the statutes, as affected
4by the acts of 2011, the dollar amount is increased by $6,800,000 for the second fiscal
5year of the fiscal biennium in which this subsection takes effect to fund the
6contribution for indigent health care in Milwaukee County.
AB11-ASA1,11,157 (8) Increase in Medical Assistance appropriation for capitation payments. In
8the schedule under section 20.005 (3) of the statutes for the appropriation to the
9department of health services under section 20.435 (4) (b) of the statutes, as affected
10by the acts of 2011, the dollar amount is increased by $42,700,000 for the second fiscal
11year of the fiscal biennium in which this subsection takes effect to pay capitation
12payments to care management organizations and other entities that provide services
13to medical assistance recipients under a managed care system for services provided
14in June 2011, to individuals enrolled in care management organizations and
15managed care systems.
AB11-ASA1, s. 9227 16Section 9227. Fiscal changes; Joint Committee on Finance.
AB11-ASA1,11,22 17(1) Federal program supplement. In the schedule under section 20.005 (3) of
18the statutes for the appropriation to the joint committee on finance under section
1920.865 (4) (m) of the statutes, as affected by the acts of 2011, the dollar amount is
20decreased by $37,000,000 for the second fiscal year of the fiscal biennium in which
21this subsection takes effect for supplementing federal earned income tax credit
22payments.
AB11-ASA1, s. 9230 23Section 9230. Fiscal changes; Legislature.
AB11-ASA1,11,2524 (1) Lapses to general fund relating to employer savings in fringe benefit
25costs during the 2009-11 fiscal biennium.
AB11-ASA1,12,6
1(a) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, before July 1,
22011, the cochairpersons of the joint committee on legislative organization shall take
3actions to ensure that from general purpose revenue appropriations to the
4legislature under section 20.765 of the statutes an amount equal to $717,700 is
5lapsed from sum certain appropriation accounts or is subtracted from the
6expenditure estimates for any other type of appropriations, or both.
AB11-ASA1,12,97 (b) The amount lapsed under paragraph (a) shall be in addition to the amounts
8that are required to be lapsed or transferred to the general fund under 2009
9Wisconsin Act 28
, section 3416f.
AB11-ASA1, s. 9236 10Section 9236. Fiscal changes; Public Defender Board
AB11-ASA1,12,1511 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation
12to the public defender board under section 20.550 (1) (d) of the statutes, as affected
13by the acts of 2011, the dollar amount is increased by $3,500,000 for the second fiscal
14year of the fiscal biennium in which this subsection takes effect for the purpose for
15which the appropriation is made.
AB11-ASA1, s. 9241 16Section 9241. Fiscal changes; Revenue.
AB11-ASA1,12,2117 (1) Earned income tax credit. In the schedule under section 20.005 (3) of the
18statutes for the appropriation to the department of revenue under section 20.835 (2)
19(kf) of the statutes, as affected by the acts of 2011, the dollar amount is increased by
20$37,000,000 for the second fiscal year of the fiscal biennium in which this subsection
21takes effect for the purposes for which the appropriation is made.
AB11-ASA1, s. 9245 22Section 9245. Fiscal changes; Supreme Court.
AB11-ASA1,13,523 (1) Lapses to general fund relating to employer savings in fringe benefit
24costs during the 2009-11 fiscal biennium.
Notwithstanding section 20.001 (3) (a) to
25(c) of the statutes, before July 1, 2011, the chief justice of the supreme court shall take

1actions to ensure that from general purpose revenue appropriations to the judicial
2branch of government under subchapter VII of chapter 20 of the statutes an amount
3equal to $1,153,400 is lapsed from sum certain appropriation accounts or is
4subtracted from the expenditure estimates for any other type of appropriations, or
5both.
AB11-ASA1, s. 9255 6Section 9255. Fiscal changes; Other.
AB11-ASA1,13,87 (1) Lapses to general fund relating to employer savings in fringe benefit
8costs during the 2009-11 fiscal biennium.
AB11-ASA1,13,109 (a) In this subsection, "state agency" means any office, department, or
10independent agency in the executive branch of state government.
AB11-ASA1,13,1511 (b) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, before July 1,
122011, the secretary of administration shall lapse to the general fund, from the
13unencumbered balances of general purpose revenue and program revenue
14appropriations to state agencies, other than sum sufficient appropriations and
15appropriations of federal revenues, an amount equal to $27,891,400.
AB11-ASA1,13,1816 (c) The amount lapsed under paragraph (b) shall be in addition to the amounts
17that are required to be lapsed or transferred to the general fund under 2009
18Wisconsin Act 28
, section 3416d.
AB11-ASA1,13,2319 (d) The secretary of administration may not lapse moneys under paragraph (b )
20if the lapse would violate a condition imposed by the federal government on the
21expenditure of the moneys or if the lapse would violate the federal or state
22constitution. The secretary also may not lapse any amount from program revenue
23appropriations under section 20.285 of the statutes.
AB11-ASA1, s. 9315 24Section 9315. Initial applicability; Employee Trust Funds.
AB11-ASA1,13,2525 (1) Calculation of annuities under the Wisconsin retirement system.
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