Amendment ASA1-AB40

AB40-ASA1,1483,16 2. An employee transferred under subdivision 1. to the department of administration has all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that he or she enjoyed in the office of the state treasurer immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB40-ASA1,1483,21 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of the state treasurer that are primarily related to the state treasurer's performance of duties under sections 14.63, 14.64, and 14.65, 2009 stats., as determined by the secretary of administration, is transferred to the department of administration.

AB40-ASA1,1484,3 (d) Pending matters. Any matter pending with the office of the state treasurer that is primarily related to the state treasurer's performance of duties under sections 14.63, 14.64, and 14.65, 2009 stats., as determined by the secretary of administration, is transferred to the department of administration. All materials submitted to or actions taken by the office of the state treasurer with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB40-ASA1,1484,10 (e) Contracts. All contracts entered into by the office of the state treasurer in effect on the effective date of this paragraph that are primarily related to the state treasurer's performance of duties under sections 14.63, 14.64, and 14.65, 2009 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under those contracts unless modified or rescinded by the department of administration to the extent allowed under the contract.

AB40-ASA1,1484,20 (f) Rules and orders. All rules promulgated by the office of the state treasurer in effect on the effective date of this paragraph that are primarily related to the state treasurer's performance of duties under sections 14.63, 14.64, and 14.65, 2009 stats., as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of administration. All orders issued by the office of the state treasurer in effect on the effective date of this paragraph that are primarily related to the state treasurer's performance of duties under sections 14.63, 14.64, and 14.65, 2009 stats., as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.

AB40-ASA1,1484,22 (2) Transfer of local government pooled-investment duties to the department of administration.

AB40-ASA1,1485,2 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of the state treasurer that are primarily related to the state treasurer's performance of duties under section 25.50, 2009 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

AB40-ASA1,1485,3 (b) Staff.

AB40-ASA1,1485,10 1. On the effective date of this subdivision, 1.0 FTE PR position in the office of the state treasurer, and the incumbent employee holding that position funded from the appropriation under section 20.585 (1) (g), 2009 stats., and responsible for the performance of duties related to the local government pooled-investment fund under section 25.50, 2009 stats., is transferred to the department of administration to be funded from the appropriation under section 20.505 (1) (gc) of the statutes, as affected by this act. The secretary of administration shall identify the position.

AB40-ASA1,1485,16 2. An employee transferred under subdivision 1. to the department of administration has all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department that he or she enjoyed in the office of the state treasurer immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB40-ASA1,1485,21 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of the state treasurer that are primarily related to the state treasurer's performance of duties under section 25.50, 2009 stats., as determined by the secretary of administration, is transferred to the department of administration.

AB40-ASA1,1486,2 (d) Pending matters. Any matter pending with the office of the state treasurer that is primarily related to the state treasurer's performance of duties under section 25.50, 2009 stats., as determined by the secretary of administration, is transferred to the department of administration. All materials submitted to or actions taken by the office of the state treasurer with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB40-ASA1,1486,9 (e) Contracts. All contracts entered into by the office of the state treasurer in effect on the effective date of this paragraph that are primarily related to the state treasurer's performance of duties under section 25.50, 2009 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under those contracts unless modified or rescinded by the department of administration to the extent allowed under the contract.

AB40-ASA1,1486,19 (f) Rules and orders. All rules promulgated by the office of the state treasurer in effect on the effective date of this paragraph that are primarily related to the state treasurer's performance of duties under section 25.50, 2009 stats., as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of administration. All orders issued by the office of the state treasurer in effect on the effective date of this paragraph that are primarily related to the state treasurer's performance of duties under section 25.50, 2009 stats., as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.

AB40-ASA1,1486,21 (3) Transfer of management service functions to department of administration.

AB40-ASA1,1486,25 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of the state treasurer that are primarily related to management services, as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

AB40-ASA1,1487,5 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of the state treasurer that are primarily related to management services, as determined by the secretary of administration, shall become the tangible personal property of the department of administration.

AB40-ASA1,1487,12 (c) Contracts. All contracts entered into by the office of the state treasurer in effect on the effective date of this paragraph that are primarily related to management services, as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

AB40-ASA1,1487,21 (d) Rules and orders. All rules promulgated by the office of the state treasurer in effect on the effective date of this paragraph that are primarily related to management services, as determined by the secretary of administration, remain in effect until their specified expiration date or until amended or repealed by the department of administration. All orders issued by the office of the state treasurer in effect on the effective date of this paragraph that are primarily related to management services, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the department of administration.

AB40-ASA1,1488,2 (e) Pending matters. Any matter pending with the office of the state treasurer on the effective date of this paragraph that is primarily related to management services, as determined by the secretary of administration, is transferred to the department of administration and all materials submitted to or actions taken by the office of the state treasurer with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB40-ASA1, s. 9150 Section 9150. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Authority.

AB40-ASA1, s. 9151 Section 9151. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Board.

AB40-ASA1, s. 9152 Section 9152. Nonstatutory provisions; University of Wisconsin System.

AB40-ASA1,1488,6 (1c) Supplemental pay plans during 2011-13 fiscal biennium.

AB40-ASA1,1488,17 (a) Board of Regents of the University of Wisconsin System. During the 2011-13 fiscal biennium, the Board of Regents of the University of Wisconsin System may provide supplemental pay plans for all of its employees, other than employees assigned to the University of Wisconsin-Madison. The supplemental pay plans shall be in addition to any pay plan approved under section 230.12 (3) (e) 1. of the statutes. The board shall submit the plans to the joint committee on employment relations, and the plans may be implemented only upon approval of the committee. The board may not request supplemental funding under section 20.928 of the statutes to pay the costs of these plans and the board, under section 16.42 of the statutes, may not request any funding of increases in salary and fringe benefit costs provided in these plans.

AB40-ASA1,1489,7 (b) Chancellor of the University of Wisconsin-Madison. During the 2011-13 fiscal biennium, the chancellor of the University of Wisconsin-Madison may provide supplemental pay plans for all employees assigned to the University of Wisconsin-Madison. The supplemental pay plans shall be in addition to any pay plan approved under section 230.12 (3) (e) 1. of the statutes. The chancellor shall submit the plans to the Board of Regents of the University of Wisconsin System. If the board approves the plans, the chancellor shall submit the plans to the joint committee on employment relations and the plans may be implemented only upon approval of the committee. The board may not request supplemental funding under section 20.928 of the statutes to pay the costs of these plans and the board, under section 16.42 of the statutes, may not request any funding of increases in salary and fringe benefit costs provided in these plans.

AB40-ASA1,1489,14 (1gc) Interim bidding procedures pending implementation of procedures. Notwithstanding sections 16.855 (23) and s. 36.11 (53) of the statutes, as created by this act, all construction work for each project that is constructed by or for the University of Wisconsin System that is exempted from compliance with the provisions of section 16.855 of the statutes under this act shall remain subject to the provisions of section 16.855 of the statutes until the procedures required under section 36.11 (53) of the statutes, as created by this act, become effective.

AB40-ASA1,1489,23 (1Lc) Telecommunications services. The Board of Regents of the University of Wisconsin System shall ensure that the amount it expends on telecommunications services, as defined in section 36.585 (1) of the statutes, as created by this act, during the 2011-13 fiscal biennium is reduced by an amount equal to the total value of funds, goods, and services that, after May 1, 2011, have been or will be distributed or committed to be distributed by or on behalf of the board or any institution or college campus or the extension to any participant, contractor, or supplier related to the Building Community Capacity Through Broadband Project, identified in section 36.585 (4) (a) of the statutes, as created by this act.

AB40-ASA1,1489,24 (1pc) Tuition.

AB40-ASA1,1490,5 (a) Notwithstanding section 36.27 (1) of the statutes, the Board of Regents of the University of Wisconsin System may not charge resident undergraduates enrolled in the 2011-12 or 2012-13 academic year academic fees that are more than 5.5 percent greater than the academic fees charged resident undergraduates in the previous academic year.

AB40-ASA1,1490,7 (b) The limit under paragraph (a) does not apply to differential tuition approved by the Board of Regents before June 1, 2011.

AB40-ASA1,1490,8 (1tc) Study.

AB40-ASA1,1490,9 (a) In this subsection:

AB40-ASA1,1490,10 1. "Board" means the Board of Regents of the system.

AB40-ASA1,1490,11 2. "System" means the University of Wisconsin System.

AB40-ASA1,1490,14 (b) There is created a Special Task Force on UW Restructuring and Operational Flexibilities to study the system. The task force shall consist of the following members:

AB40-ASA1,1490,17 1. Six members appointed by the speaker of the assembly, including 3 business or public leaders, 2 current or former system chancellors or board members, and one member of the assembly.

AB40-ASA1,1490,20 2. Six members appointed by the senate majority leader, including 3 business or public leaders, 2 current or former system chancellors, or board members, and one member of the senate.

AB40-ASA1,1490,22 3. One member of the senate appointed by the senate minority leader and one member of the assembly appointed by the minority leader in the assembly.

AB40-ASA1,1490,23 4. Two members appointed by the governor.

AB40-ASA1,1490,25 5. One member appointed by the cochairpersons of the joint committee on finance.

AB40-ASA1,1491,3 (c) The member appointed under paragraph (b) 5. shall serve as chairperson of the task force. The president of the system, the secretary of administration, and the legislative fiscal bureau shall provide staff services for the task force.

AB40-ASA1,1491,4 (d) In conducting its study, the task force shall address the following issues:

AB40-ASA1,1491,6 1. Whether there is a need to restructure the system and make recommendations as to a new governance structure.

AB40-ASA1,1491,9 2. How system employees and those system employees assigned to the University of Wisconsin-Madison would transition from the state personnel system to the new personnel systems.

AB40-ASA1,1491,12 3. Whether tuition flexibility can be extended to the system while ensuring access and affordability, and what role the legislature should have in establishing tuition.

AB40-ASA1,1491,14 4. How compensation plans for system employees should be determined in future biennia.

AB40-ASA1,1491,16 5. Additional operational flexibilities that could be provided to system institutions.

AB40-ASA1,1491,18 6. How articulation and the transfer of credits between system institutions could be improved.

AB40-ASA1,1491,22 (e) By January 1, 2012, the task force shall submit its report to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, in the manner provided under section 13.172 (3) of the statutes, and to the joint committee on finance.

AB40-ASA1,1491,25 (f) Section 15.04 (1) (c) of the statutes applies to the task force as if it were a committee created under that paragraph. Task force expenses shall be paid from the appropriation under section 20.855 (7) (a) of the statutes, as created by this act.

AB40-ASA1,1492,5 (1xc) WiscNet. The legislative audit bureau shall conduct a financial and performance evaluation audit of the use of telecommunications services by the Board of Regents of the University of Wisconsin System and the board's relationship with Wisconsin's Research and Education Network, known as WiscNet. The legislative audit bureau shall file its report as provided in section 13.94 (1) (b) of the statutes.

AB40-ASA1,1492,6 (3) System administration general program operations.

AB40-ASA1,1492,7 (a) In this subsection:

AB40-ASA1,1492,8 1. "Board" means the Board of Regents of the system.

AB40-ASA1,1492,13 2. "Reduction amount" means the difference between the total amounts shown in the schedule under section 20.005 (3) of the statutes for the appropriation under section 20.285 (3) (a) of the statutes for fiscal years 2009-10 and 2010-11 and the total amounts shown in the schedule under that appropriation for fiscal years 2011-12 and 2012-13.

AB40-ASA1,1492,14 3. "System" means the University of Wisconsin System.

AB40-ASA1,1492,19 (am) The board shall allocate the reductions in general purpose revenue appropriated to the system under this act to the institutions within the system based upon each institution's share of the system's general purpose revenue, academic fees, and nonresident tuition, excluding debt service, utilities, financial aid, separately budgeted tuition, and extension credit programs.

AB40-ASA1,1493,4 (b) No later than September 1, 2011, the board shall submit a plan to the secretary of administration and the joint committee on finance specifying the board's preferences for allocating the reduction amount among general program operations of the system administration. If the cochairpersons of the committee do not notify the board within 14 working days after the date of the board's submittal that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented as proposed by the board. If, within 14 working days after the date of the board's submittal, the cochairpersons of the committee notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the plan may be implemented only upon approval of the committee.

AB40-ASA1, s. 9153 Section 9153. Nonstatutory provisions; Veterans Affairs.

AB40-ASA1,1493,12 (2i) Recommendations regarding veterans trust fund. On or before June 30, 2012, the board of veterans affairs and the secretary of veterans affairs shall jointly provide recommendations regarding the adoption of a viable long-term funding source for the veterans trust fund. The department of veterans affairs shall submit the recommendations to the governor, the chief clerk of each house of the legislature for distribution to the chairs of the appropriate standing committees under section 13.172 (3) of the statutes, and the cochairpersons of the joint committee on finance.

AB40-ASA1,1493,19 (2j) Information regarding veterans trust fund. In submitting information under section 16.42 of the statutes for purposes of the 2013-15 biennial budget act, the department of veterans affairs shall include an estimate of the amount of revenues that will be deposited into the veterans trust fund during that biennium and recommendations for amounts to be appropriated from the veterans trust fund for that biennium. The total amount that is recommended to be appropriated may not be greater than the estimate of the total amount to be deposited.

AB40-ASA1, s. 9154 Section 9154. Nonstatutory provisions; Workforce Development.

AB40-ASA1,1493,21 (1) Local agency reimbursement contracts.

AB40-ASA1,1494,2 (a) Positions and employees. On the effective date of this paragraph, one position and the incumbent employee, if any, holding that position in the department of workforce development performing duties that are primarily related to local agency reimbursement contracts for programs administered by the department of children and families, as determined by the secretary of administration, are transferred to the department of children and families.

AB40-ASA1,1494,8 (b) Employee status. Any employee transferred under paragraph (a ) has all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of children and families that he or she enjoyed in the department of workforce development immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB40-ASA1,1494,14 (2c) Prevailing wage exemption; nursing home. Section 66.0903 of the statutes, as affected by this act, does not apply to a project of public works involving the erection, construction, repair, remodeling, or demolition of a nursing home in a county having a population of less than 50,000, the erection, construction, repair, remodeling, or demolition of which commences no later than one year after the effective date of this subsection.

AB40-ASA1, s. 9155 Section 9155. Nonstatutory provisions; Other.

AB40-ASA1,1494,16 (1j) Judicial compensation commission.

AB40-ASA1,1494,25 (a) There is created a judicial compensation commission consisting of 2 members appointed by the governor, one member appointed by the president of the senate, one member appointed by the speaker of the assembly, one member appointed by the dean of the Marquette University Law School, one member appointed by the dean of the University of Wisconsin Law School, and one member appointed by the president of the State Bar of Wisconsin. The judicial compensation commission shall elect one of its members as chairperson. Members of the judicial compensation commission shall be reimbursed for expenses necessarily incurred as members of the judicial compensation commission.

AB40-ASA1,1495,6 (b) The judicial compensation commission shall review the salaries of the justices of the supreme court, court of appeals judges, and judges of circuit court. Not later than December 1, 2012, the judicial compensation commission shall submit a written report to the governor and the joint committee on employment relations that includes recommendations on salaries of the justices of the supreme court, court of appeals judges, and judges of circuit court.

AB40-ASA1,1495,13 (c) Notwithstanding section 20.923 (2) (b) of the statutes, for fiscal biennium 2013-15, the joint committee on employment relations shall review the recommendations submitted by the judicial compensation commission and shall approve the recommendations unless a majority of its members agree not to approve the recommendations. If a majority of members of the judicial compensation commission agree to modify the recommendations submitted by the judicial compensation commission, it shall state the reasons for the modifications in writing.

AB40-ASA1,1495,23 (d) Notwithstanding section 20.923 (2) (b) of the statutes, for the fiscal biennium 2013-15, the governor shall provide funding sufficient to implement the recommendations submitted by the judicial compensation commission and approved by the joint committee on employment relations under paragraph (c). If the salary adjustment approved by the joint committee on employment relations is less than the percentage increase of any across-the-board pay adjustments for any other position in the classified service, the annual salary adjustment for any supreme court justice or judge of the court of appeals or circuit court is increased to equal the percentage increase of the highest across-the-board pay adjustment provided for any position in the classified service.

AB40-ASA1,1495,25 (e) The director of state courts shall provide staff and support services to the judicial compensation commission.

AB40-ASA1,1496,1 (f) This subsection does not apply after December 1, 2012.

AB40-ASA1,1496,3 (2q) Reconciliation provisions; collective bargaining, health insurance, and retirement.

AB40-ASA1,1496,12 (a) If 2011 Wisconsin Act 10 becomes effective or if legislation that is substantially similar to 2011 Wisconsin Act 10 is enacted into law then the treatment of sections 40.02 (41n), 40.05 (4) (at), 59.875, 62.623, 111.70 (4) (jm) 4w. and 5. (intro.) and (mc) 5. and 6., and 111.91 (1) (cm) and (2) (fm) of the statutes, the renumbering and amendment of sections 40.05 (1) (b), 40.51 (7), and 111.77 (6) of the statutes, the creation of sections 40.05 (1) (b) 2., 40.51 (7) (b), and 111.77 (6) (am) of the statutes, and Section 9332 (1r) and (2r) of this act take effect on the later of the effective date of this paragraph or the effective date of 2011 Wisconsin Act 10 or of the legislation that is substantially similar to 2011 Wisconsin Act 10.

AB40-ASA1,1496,19 (b) If 2011 Wisconsin Act 10 does not become effective and legislation that is substantially similar to 2011 Wisconsin Act 10 is not enacted into law then the treatment of sections 40.02 (41n), 40.05 (4) (at), 59.875, 62.623, 111.70 (4) (jm) 4w. and 5. (intro.) and (mc) 5. and 6., and 111.91 (1) (cm) and (2) (fm) of the statutes, the renumbering and amendment of sections 40.05 (1) (b), 40.51 (7), and 111.77 (6) of the statutes, the creation of sections 40.05 (1) (b) 2., 40.51 (7) (b), and 111.77 (6) (am) of the statutes, and Section 9332 (1r) and (2r) of this act are void.

AB40-ASA1,1497,16 (3c) State agency attorney pay progression plan. The Wisconsin State Attorneys Association and the director of the office of state employment relations shall develop a pay progression plan for attorneys who are included in the collective bargaining unit under section 111.825 (1) (f) 3. of the statutes, to be funded from any salary savings resulting from hiring new attorneys to fill the positions of attorneys who will retire from state employment during the 2011-13 fiscal biennium. The plan shall include a detailed description of how a pay progression system would be structured and administered and the fiscal cost of the pay progression system in the 2011-13 fiscal biennium, by fund source, and the projected costs of the pay progression system in the succeeding 4 fiscal biennia. Before October 1, 2011, the Wisconsin State Attorneys Association and the director of the office of state employment relations shall submit the proposed plan to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the Wisconsin State Attorneys Association and the director of the office of state employment relations within 14 working days after the date of the submittal of the plan that the committee has scheduled a meeting to review the plan, the plan may be implemented as proposed by the Wisconsin State Attorneys Association and the director of the office of state employment relations. If, within 14 days after the date of the submittal of the plan, the cochairpersons of the committee notify the Wisconsin State Attorneys Association and the director of the office of state employment relations that the committee has scheduled a meeting to review the plan, the plan may only be implemented as approved by the committee.

AB40-ASA1,1497,21 (3f) Payment of brownfields grant program encumbrances. The Wisconsin Economic Development Corporation shall pay from the appropriation account under section 20.192 (1) (r) of the statutes, as created by this act, the outstanding encumbrances under section 20.143 (1) (qm), 2009 stats., for grants under section 560.13, 2009 stats.

AB40-ASA1,1498,2 (3g) Brownfield site assessment grants. The Wisconsin Economic Development Corporation shall give priority in awarding brownfield site assessment grants under section 238.133 of the statutes, as affected by this act, in fiscal year 2011-12 to applicants that would have been on the funding list of the department of natural resources for awards for fiscal year 2010-11 for brownfield site assessment grants under section 292.75, 2009 stats.

AB40-ASA1, s. 9201 Section 9201. Fiscal changes; Administration.

AB40-ASA1,1498,7 (1q) Transfer from general fund to transportation fund. In addition to the transfer required under section 16.5185 of the statutes, as created by this act, during the 2011-13 fiscal biennium, the secretary of administration shall transfer $125,000,000 from the general fund to the transportation fund.

AB40-ASA1, s. 9202 Section 9202. Fiscal changes; Aging and Long-Term Care Board.

AB40-ASA1, s. 9203 Section 9203. Fiscal changes; Agriculture, Trade and Consumer Protection.

AB40-ASA1,1498,14 (1f) Fertilizer research funding. In fiscal year 2012-13, the department of agriculture, trade and consumer protection shall transfer from the agrichemical management fund to the appropriation account under section 20.115 (7) (h) of the statutes an amount equal to 7 cents per ton of fertilizer sold or distributed in this state during the 12 months ending on June 30, 2012.

AB40-ASA1, s. 9204 Section 9204. Fiscal changes; Arts Board.

AB40-ASA1, s. 9205 Section 9205. Fiscal changes; Board for People with Developmental Disabilities.

AB40-ASA1, s. 9206 Section 9206. Fiscal changes; Building Commission.