Amendment ASA1-AB40

AB40-ASA1, s. 2763m Section 2763m. 230.08 (4) (d) of the statutes is created to read:

AB40-ASA1,1148,23 230.08 (4) (d) The division administrator appointed under sub. (2) (e) 4. shall be an attorney.

AB40-ASA1, s. 2763p Section 2763p. 230.09 (2) (g) of the statutes is amended to read:

AB40-ASA1,1149,20 230.09 (2) (g) When filling a new or vacant position, if the director determines that the classification for a position is different than that provided for by the legislature as established by law or in budget determinations, or as authorized by the joint committee on finance under s. 13.10, or as specified by the governor creating positions under s. 16.505 (1) (c) or (2), or the University of Wisconsin Hospitals and Clinics Board creating positions under s. 16.505 (2n) or the board of regents of the University of Wisconsin System creating positions under s. 16.505 (2m), or is different than that of the previous incumbent, the director shall notify the administrator and the secretary of administration. The administrator shall withhold action on the selection and certification process for filling the position. The secretary of administration shall review the position to determine that sufficient funds exist for the position and that the duties and responsibilities of the proposed position reflect the intent of the legislature as established by law or in budget determinations, the intent of the joint committee on finance acting under s. 13.10, the intent of the governor creating positions under s. 16.505 (1) (c) or (2), or the University of Wisconsin Hospitals and Clinics Board creating positions under s. 16.505 (2n) or the intent of the board of regents of the University of Wisconsin System creating positions under s. 16.505 (2m). The administrator may not proceed with the selection and certification process until the secretary of administration has authorized the position to be filled.

AB40-ASA1, s. 2763s Section 2763s. 230.10 (2) of the statutes is amended to read:

AB40-ASA1,1150,11 230.10 (2) The compensation plan in effect at the time that a representative is recognized or certified to represent employees in a collective bargaining unit and the employee salary and benefit provisions under s. 230.12 (3) (e) in effect at the time that a representative is certified to represent employees in a collective bargaining unit under subch. V of ch. 111 constitute the compensation plan or employee salary and benefit provisions for employees in the collective bargaining unit until a collective bargaining agreement becomes effective for that unit. If a collective bargaining agreement under subch. V of ch. 111 expires prior to the effective date of a subsequent agreement, and a representative continues to be recognized or certified to represent employees specified in s. 111.81 (7) (a) or certified to represent employees specified in s. 111.81 (7) (b) (ar) to (f) in that collective bargaining unit, the wage rates of the employees in such a unit shall be frozen until a subsequent agreement becomes effective, and the compensation plan under s. 230.12 and salary and benefit changes adopted under s. 230.12 (3) (e) do not apply to employees in the unit.

AB40-ASA1, s. 2764 Section 2764. 230.12 (1) (a) 1. b. of the statutes is amended to read:

AB40-ASA1,1150,22 230.12 (1) (a) 1. b. The provisions governing the pay of all unclassified positions except positions for employees of the University of Wisconsin System, for employees of the legislature who are not identified under s. 20.923 (4), for employees of a service agency under subch. IV of ch. 13, for employees of the state court system, for employees of the investment board identified under s. 230.08 (2) (p), for one stenographer employed by each elective executive officer, except the secretary of state and the state treasurer, under s. 230.08 (2) (g), for 3 sales representatives of prison industries and one sales manager of prison industries identified under s. 303.01 (10), and for sales and development professional of the historical society employed under s. 44.20 (4) (a).

AB40-ASA1, s. 2764c Section 2764c. 230.12 (3) (e) (title) of the statutes is amended to read:

AB40-ASA1,1151,3 230.12 (3) (e) (title) University of Wisconsin System senior executives, faculty, and academic staff nonrepresented employees; Wisconsin Technical College System senior executives.

AB40-ASA1, s. 2764g Section 2764g. 230.12 (3) (e) 1. of the statutes is amended to read:

AB40-ASA1,1152,4 230.12 (3) (e) 1. The director, after receiving recommendations from the board of regents and the chancellor of the University of Wisconsin-Madison, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for University of Wisconsin System employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining unit under subch. V or VI of ch. 111 for which a representative is certified. The proposal shall include the salary ranges and adjustments to the salary ranges for the university senior executive salary groups 1 and 2 established under s. 20.923 (4g). The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employee benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents.

AB40-ASA1, s. 2764n Section 2764n. 230.143 (intro.) of the statutes is renumbered 230.143 and amended to read:

AB40-ASA1,1152,11 230.143 Appointment; selective service registration. A person who is required to register with the selective service system under 50 USC, Appendix, sections 451 to 473, but has not registered, may not receive any of the following an original appointment to a position in the classified service during the period that the person is required to register:.

AB40-ASA1, s. 2764r Section 2764r. 230.143 (1) of the statutes is repealed.

AB40-ASA1, s. 2764w Section 2764w. 230.143 (2) of the statutes is repealed.

AB40-ASA1, s. 2765 Section 2765. 230.339 of the statutes is created to read:

AB40-ASA1,1152,23 230.339 Rights of certain employees of the department of safety and professional services. (1) If any of the following employees who hold the position of bureau director in the classified service at the department of commerce on the day before the effective date of this subsection .... [LRB inserts date], and who have achieved permanent status in class on or before that date are transferred to the position of bureau director in the unclassified service at the department of safety and professional services, that transferred employee shall retain those protections afforded employees in the classified service under ss. 230.34 (1) (a) and 230.44 (1) (c) relating to demotion, suspension, discharge, layoff, or reduction in base pay:

AB40-ASA1,1152,25 (b) Director of the bureau of petroleum environmental cleanup fund administration in the division of environmental and regulatory services.

AB40-ASA1,1153,2 (c) Director of the bureau of petroleum products and tanks in the division of environmental and regulatory services.

AB40-ASA1,1153,4 (d) Director of the bureau of integrated services in the division of safety and buildings.

AB40-ASA1,1153,6 (e) Director of the bureau of program development in the division of safety and buildings.

AB40-ASA1,1153,8 (2) Each employee specified under sub. (1) shall also have reinstatement privileges to the classified service as provided under s. 230.33 (1).

AB40-ASA1, s. 2766 Section 2766. 230.34 (1) (ar) of the statutes is amended to read:

AB40-ASA1,1153,19 230.34 (1) (ar) Paragraphs (a) and (am) apply to all employees with permanent status in class in the classified service and all employees who have served with the state as an assistant district attorney for a continuous period of 12 months or more, except that for employees specified in s. 111.81 (7) (a) in a collective bargaining unit for which a representative is recognized or certified, or for employees specified in s. 111.81 (7) (b) (ar) or (c) in a collective bargaining unit for which a representative is certified, if a collective bargaining agreement is in effect covering employees in the collective bargaining unit, the determination of just cause and all aspects of the appeal procedure shall be governed by the provisions of the collective bargaining agreement.

AB40-ASA1, s. 2767m Section 2767m. 230.48 (3) (b) of the statutes is amended to read:

AB40-ASA1,1153,24 230.48 (3) (b) Cash awards, in the an amount equal to 10 percent of the average annual savings that result from the suggestion, with a minimum payment of $50 and a maximum payment of $10,000, and payable at the times that the state employees suggestion board determines.

AB40-ASA1, s. 2768 Section 2768. 231.01 (1) of the statutes is renumbered 231.01 (1t).

AB40-ASA1, s. 2769 Section 2769. 231.01 (1m) of the statutes is created to read:

AB40-ASA1,1154,3 231.01 (1m) "Affiliate" means an entity that controls, is controlled by, or is under common control with another entity.

AB40-ASA1, s. 2770 Section 2770. 231.01 (4t) of the statutes is created to read:

AB40-ASA1,1154,5 231.01 (4t) "Entity" means any person other than a natural person.

AB40-ASA1, s. 2771 Section 2771. 231.01 (5r) of the statutes is amended to read:

AB40-ASA1,1154,10 231.01 (5r) "Participating child care provider" means a child care provider, or an affiliate of a child care provider, that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

AB40-ASA1, s. 2772 Section 2772. 231.01 (5w) of the statutes is amended to read:

AB40-ASA1,1154,16 231.01 (5w) "Participating educational institution" means a corporation, agency or association which is an entity authorized by state law to provide or operate an educational facility, or an affiliate of that entity, and which that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

AB40-ASA1, s. 2773 Section 2773. 231.01 (6) (intro.) and (a) of the statutes are consolidated, renumbered 231.01 (6) and amended to read:

AB40-ASA1,1154,23 231.01 (6) "Participating health institution" means: (a) A corporation, agency or association an entity authorized by state law to provide or operate a health facility, or an affiliate of that entity, and which that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

AB40-ASA1, s. 2774 Section 2774. 231.01 (6t) of the statutes is amended to read:

AB40-ASA1,1155,5 231.01 (6t) "Participating research institution" means an entity organized under the laws of this state that provides or operates a research facility, or an affiliate of that entity, and that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

AB40-ASA1, s. 2775 Section 2775. 231.01 (7) (c) of the statutes is amended to read:

AB40-ASA1,1155,12 231.01 (7) (c) "Project" may include more than one project, and it may include any combination of projects undertaken jointly by any participating health institution, participating educational institution, participating research institution, or participating child care provider with one or more other participating health institutions, participating educational institutions, participating research institutions, or participating child care providers.

AB40-ASA1, s. 2776 Section 2776. 231.01 (7) (cg) of the statutes is created to read:

AB40-ASA1,1155,15 231.01 (7) (cg) "Project" includes any project located within or outside of this state.

AB40-ASA1, s. 2777 Section 2777. 231.01 (7) (d) 2. of the statutes is amended to read:

AB40-ASA1,1155,18 231.01 (7) (d) 2. Any office or clinic of a person licensed under ch. 446, 447, 448, 449, or 455, or the substantially equivalent laws or rules of another state.

AB40-ASA1, s. 2778 Section 2778. 231.03 (6) (a) 3. c. of the statutes is amended to read:

AB40-ASA1,1155,23 231.03 (6) (a) 3. c. The expenditure, by or on behalf of a hospital, independent practitioner, partnership, unincorporated medical group or service corporation, as defined in s. 180.1901 (2), or the substantially equivalent laws or rules of another state, for clinical medical equipment.

AB40-ASA1, s. 2779 Section 2779. 231.03 (6) (b) of the statutes is amended to read:

AB40-ASA1,1156,9 231.03 (6) (b) Refinance outstanding debt of any participating health institution if the department of health services certifies that refinancing will result in a reduction in the participating health institution's rates below the rates which would have otherwise prevailed, except that the authority may not refinance any office or clinic of a person licensed under ch. 446, 447, 448, 449 or 455, or the substantially equivalent laws or rules of another state, and except that this certification is not required for the refinancing for a participating health institution that operates a facility as defined under s. 49.45 (6m) (a) 3, or for a participating health institution that is located in another state.

AB40-ASA1, s. 2780 Section 2780. 231.06 of the statutes is amended to read:

AB40-ASA1,1156,21 231.06 Property acquisition. The authority may acquire, directly or by and through a participating health institution, participating educational institution, participating research institution, or participating child care provider as its agent, by purchase or by gift or devise, such lands, structures, property, rights, rights-of-way, franchises, easements, and other interests in lands, including lands lying under water and riparian rights, which are located within this state as it deems necessary or convenient for the construction or operation of a project, upon such terms and at such prices as it considers reasonable and can be agreed upon between it and the owner thereof, and take title thereto in the name of the authority or in the name of a health facility, educational facility, research facility, or child care center as its agent.

AB40-ASA1, s. 2781 Section 2781. 231.08 (8) of the statutes is created to read:

AB40-ASA1,1157,2 231.08 (8) The proceeds of a bond issued under this section may be used for a project in this state or any other state, except that if the proceeds of a bond are used for a project located in another state, that project shall include a substantial component located in this state, as determined by the executive director.

AB40-ASA1, s. 2782 Section 2782. 231.20 of the statutes is amended to read:

AB40-ASA1,1157,14 231.20 Waiver of construction and bidding requirements. In exercising its powers under s. 101.12, the department of commerce safety and professional services or any city, village, town, or county may, within its discretion for proper cause shown, waive any particular requirements relating to public buildings, structures, grounds, works, and improvements imposed by law upon projects under this chapter; the requirements of s. 101.13 may not be waived, however. If, however, the prospective lessee so requests in writing, the authority shall, through the participating health institution, participating educational institution, participating research institution, or participating child care provider as its agent, call for construction bids in such manner as is determined by the authority with the approval of the lessee.

AB40-ASA1, s. 2783 Section 2783. 231.27 (1) of the statutes is amended to read:

AB40-ASA1,1157,19 231.27 (1) In this section, "minority business", "minority financial adviser" and "minority investment firm" mean a business, financial adviser and investment firm, respectively, certified by the department of commerce administration under s. 560.036 16.287 (2).

AB40-ASA1, s. 2784 Section 2784. 231.29 (1) of the statutes is amended to read:

AB40-ASA1,1157,23 231.29 (1) In this section, "business," "financial adviser," and "investment firm" mean a business, financial adviser, and investment firm certified by the department of commerce administration under s. 560.0335 16.283 (3).

AB40-ASA1, s. 2785 Section 2785. 231.35 (6) (a) of the statutes is amended to read:

AB40-ASA1,1158,5 231.35 (6) (a) The authority shall enter into a guarantee agreement with any person who makes loans described under sub. (3) (b) and who wishes to have those loans guaranteed under this section. The guarantee agreement shall comply with the rules promulgated by the department of commerce administration under sub. (7) (b).

AB40-ASA1, s. 2786 Section 2786. 231.35 (6) (b) of the statutes is amended to read:

AB40-ASA1,1158,11 231.35 (6) (b) The authority may use money from the rural hospital loan fund to guarantee loans made for the purposes described in sub. (3) (b), if the authority sets out the terms and conditions of the guarantee in a guarantee agreement that complies with the rules promulgated by the department of commerce administration under sub. (7) (b).

AB40-ASA1, s. 2787 Section 2787. 231.35 (7) (intro.) of the statutes is amended to read:

AB40-ASA1,1158,15 231.35 (7) (intro.) With the advice of the rural health development council, the department of commerce administration shall promulgate rules specifying all of the following:

AB40-ASA1, s. 2818 Section 2818. 234.01 (4n) (a) 3m. e. of the statutes is amended to read:

AB40-ASA1,1158,20 234.01 (4n) (a) 3m. e. The facility is located in a targeted area, as determined by the authority after considering the factors set out in s. 560.605 (2m) (c), 2005 stats., s. 560.605 (2m) (d), 2005 stats., s. 560.605 (2m) (e), 2005 stats., s. 560.605 (2m) (g), 2007 stats., and s. 560.605 (2m) (a), (b), (f), and (h), 2009 stats.

AB40-ASA1, s. 2819 Section 2819. 234.02 (1) of the statutes is amended to read:

AB40-ASA1,1159,12 234.02 (1) There is created a public body corporate and politic to be known as the "Wisconsin Housing and Economic Development Authority." The members of the authority shall be the secretary of commerce chief executive officer of the Wisconsin Economic Development Corporation or his or her designee and the secretary of administration or his or her designee, and 6 public members nominated by the governor, and with the advice and consent of the senate appointed, for staggered 4-year terms commencing on the dates their predecessors' terms expire. In addition, one senator of each party and one representative to the assembly of each party appointed as are the members of standing committees in their respective houses shall serve as members of the authority. A member of the authority shall receive no compensation for services but shall be reimbursed for necessary expenses, including travel expenses, incurred in the discharge of duties. Subject to the bylaws of the authority respecting resignations, each member shall hold office until a successor has been appointed and has qualified. A certificate of appointment or reappointment of any member shall be filed with the authority and the certificate shall be conclusive evidence of the due and proper appointment.

AB40-ASA1, s. 2820 Section 2820. 234.032 (2) (intro.) of the statutes is amended to read:

AB40-ASA1,1159,16 234.032 (2) (intro.) The authority, in consultation with the department of commerce Wisconsin Economic Development Corporation, shall do all of the following for each economic development program administered by the authority:

AB40-ASA1, s. 2821 Section 2821. 234.034 of the statutes is amended to read:

AB40-ASA1,1159,21 234.034 Consistency with state housing strategy plan. Subject to agreements with bondholders or noteholders, the authority shall exercise its powers and perform its duties related to housing consistent with the state housing strategy plan under s. 560.9802 16.302.

AB40-ASA1, s. 2822 Section 2822. 234.06 (1) of the statutes is amended to read:

AB40-ASA1,1160,6 234.06 (1) The authority may, as authorized in the state housing strategy plan under s. 560.9802 16.302, use the moneys held in the housing development fund to make temporary loans to eligible sponsors, with or without interest, and with such security for repayment, if any, as the authority determines reasonably necessary and practicable, solely from the housing development fund, to defray development costs for the construction of proposed housing projects for occupancy by persons and families of low and moderate income. No temporary loan may be made unless the authority may reasonably anticipate that satisfactory financing may be obtained by the eligible sponsor for the permanent financing of the housing project.

AB40-ASA1, s. 2823 Section 2823. 234.06 (3) of the statutes is amended to read:

AB40-ASA1,1160,17 234.06 (3) The authority may, as authorized in the state housing strategy plan under s. 560.9802 16.302, use the moneys held in the housing development fund to establish and administer programs of grants to counties, municipalities , and eligible sponsors of housing projects for persons of low and moderate income, to pay organizational expenses, administrative costs, social services, technical services, training expenses, or costs incurred or expected to be incurred by counties, municipalities, or sponsors for land and building acquisition, construction, improvements, renewal, rehabilitation, relocation, or conservation under a plan to provide housing or related facilities, if the costs are not reimbursable from other private or public loan, grant, or mortgage sources.

AB40-ASA1, s. 2824 Section 2824. 234.08 (5) of the statutes is amended to read:

AB40-ASA1,1160,22 234.08 (5) This section does not supersede or impair the power of the department of commerce Wisconsin Economic Development Corporation to carry out its program responsibilities relating to economic development which are funded by bonds or notes issued under this section.

AB40-ASA1, s. 2825 Section 2825. 234.08 (6) of the statutes is amended to read:

AB40-ASA1,1161,2 234.08 (6) The authority may reimburse the department of commerce Wisconsin Economic Development Corporation its operating costs to carry out its program responsibilities relating to economic development which are funded by bonds or notes issued under this section.

AB40-ASA1, s. 2826 Section 2826. 234.165 (2) (b) 2. of the statutes is amended to read:

AB40-ASA1,1161,9 234.165 (2) (b) 2. Annually before August 31 the authority shall submit to the governor a plan for expending or encumbering the actual surplus reported under subd. 1. The part of the plan related to housing shall be consistent with the state housing strategy plan under s. 560.9802 16.302. The plan submitted under this subdivision may be attached to and submitted as a part of the report filed under subd. 1.

AB40-ASA1, s. 2827 Section 2827. 234.25 (1) (e) of the statutes is amended to read:

AB40-ASA1,1161,14 234.25 (1) (e) An evaluation of its progress in implementing within its own housing programs the goals, policies, and objectives of the state housing strategy plan under s. 560.9802 16.302, and recommendations for legislation to improve its ability to carry out its programs consistent with the state housing strategy plan.

AB40-ASA1, s. 2828 Section 2828. 234.255 (title) of the statutes is amended to read:

AB40-ASA1,1161,17 234.255 (title) Economic development assistance coordination and reporting.

AB40-ASA1, s. 2829 Section 2829. 234.255 of the statutes is renumbered 234.255 (2) and amended to read: