LRBb1095/1
CMH&RAC:cjs:ph
2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 40
June 13, 2011 - Offered by Representatives J. Fitzgerald and Suder.
AB40-ASA1-AA1,1,11 At the locations indicated, amend the substitute amendment as follows:
AB40-ASA1-AA1,1,2 21. Page 5, line 3: before that line insert:
AB40-ASA1-AA1,1,3 3" Section 5t. 7.33 (1) (c) of the statutes is amended to read:
AB40-ASA1-AA1,1,64 7.33 (1) (c) "State agency" has the meaning given under s. 20.001 (1) and
5includes an authority created under subch. II of ch. 114 or ch. 52, 231, 232, 233, 234,
6or 237.
AB40-ASA1-AA1, s. 5u 7Section 5u. 7.33 (4) of the statutes is amended to read:
AB40-ASA1-AA1,2,58 7.33 (4) Except as otherwise provided in this subsection, each local
9governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon
10proper application under sub. (3), permit each of its employees to serve as an election
11official under s. 7.30 without loss of fringe benefits or seniority privileges earned for
12scheduled working hours during the period specified in sub. (3), without loss of pay

1for scheduled working hours during the period specified in sub. (3) except as provided
2in sub. (5), and without any other penalty. For employees who are included in a
3collective bargaining unit for which a representative is recognized or certified under
4subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a
5collective bargaining agreement.".
AB40-ASA1-AA1,2,6 62. Page 15, line 23: before that line insert:
AB40-ASA1-AA1,2,7 7" Section 31h. 13.111 (2) of the statutes is amended to read:
AB40-ASA1-AA1,2,108 13.111 (2) Duties. The joint committee on employment relations shall perform
9the functions assigned to it under subchs. subch. V and VI of ch. 111, subch. II of ch.
10230 and ss. 16.53 (1) (d) 1., 20.916, 20.917, and 20.923 and 40.05 (1) (b).
AB40-ASA1-AA1, s. 31k 11Section 31k. 13.172 (1) of the statutes, as affected by 2011 Wisconsin Act 7,
12is amended to read:
AB40-ASA1-AA1,2,1813 13.172 (1) In this section, "agency" means an office, department, agency,
14institution of higher education, association, society, or other body in state
15government created or authorized to be created by the constitution or any law, that
16is entitled to expend moneys appropriated by law, including the legislature and the
17courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in
18ch. 52, 231, 233, 234, 238, or 279.".
AB40-ASA1-AA1,2,19 193. Page 18, line 16: after that line insert:
AB40-ASA1-AA1,2,21 20" Section 49d. 13.48 (13) (a) of the statutes, as affected by 2011 Wisconsin Act
217
, is amended to read:
AB40-ASA1-AA1,3,1022 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

1Authority, the Fox River Navigational System Authority, the Wisconsin Quality
2Home Care Authority,
the Wisconsin Economic Development Corporation, or any
3local professional baseball park district created under subch. III of ch. 229 if the
4construction is undertaken by the department of administration on behalf of the
5district, shall be in compliance with all applicable state laws, rules, codes and
6regulations but the construction is not subject to the ordinances or regulations of the
7municipality in which the construction takes place except zoning, including without
8limitation because of enumeration ordinances or regulations relating to materials
9used, permits, supervision of construction or installation, payment of permit fees, or
10other restrictions.".
AB40-ASA1-AA1,3,11 114. Page 22, line 21: after that line insert:
AB40-ASA1-AA1,3,13 12" Section 61m. 13.62 (2) of the statutes, as affected by 2011 Wisconsin Act 7,
13is amended to read:
AB40-ASA1-AA1,3,1814 13.62 (2) "Agency" means any board, commission, department, office, society,
15institution of higher education, council, or committee in the state government, or any
16authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232,
17233, 234, 237, 238, or 279, except that the term does not include a council or
18committee of the legislature.".
AB40-ASA1-AA1,3,19 195. Page 24, line 4: after that line insert:
AB40-ASA1-AA1,3,21 20" Section 68m. 13.94 (4) (a) 1. of the statutes, as affected by 2011 Wisconsin Act
217
, is amended to read:
AB40-ASA1-AA1,4,1422 13.94 (4) (a) 1. Every state department, board, examining board, affiliated
23credentialing board, commission, independent agency, council or office in the
24executive branch of state government; all bodies created by the legislature in the

1legislative or judicial branch of state government; any public body corporate and
2politic created by the legislature including specifically the Wisconsin Quality Home
3Care Authority,
the Fox River Navigational System Authority, the Lower Fox River
4Remediation Authority, and the Wisconsin Aerospace Authority, the Wisconsin
5Economic Development Corporation, a professional baseball park district, a local
6professional football stadium district, a local cultural arts district and a long-term
7care district under s. 46.2895; every Wisconsin works agency under subch. III of ch.
849; every provider of medical assistance under subch. IV of ch. 49; technical college
9district boards; every county department under s. 51.42 or 51.437; every nonprofit
10corporation or cooperative or unincorporated cooperative association to which
11moneys are specifically appropriated by state law; and every corporation, institution,
12association or other organization which receives more than 50% of its annual budget
13from appropriations made by state law, including subgrantee or subcontractor
14recipients of such funds.
AB40-ASA1-AA1, s. 68r 15Section 68r. 13.95 (intro.) of the statutes, as affected by 2011 Wisconsin Act
167
, is amended to read:
AB40-ASA1-AA1,5,5 1713.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
18known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau
19shall be strictly nonpartisan and shall at all times observe the confidential nature
20of the research requests received by it; however, with the prior approval of the
21requester in each instance, the bureau may duplicate the results of its research for
22distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
23designated employees shall at all times, with or without notice, have access to all
24state agencies, the University of Wisconsin Hospitals and Clinics Authority, the
25Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,

1the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care
2Authority,
the Wisconsin Economic Development Corporation, and the Fox River
3Navigational System Authority, and to any books, records, or other documents
4maintained by such agencies or authorities and relating to their expenditures,
5revenues, operations, and structure.".
AB40-ASA1-AA1,5,6 66. Page 31, line 18: after that line insert:
AB40-ASA1-AA1,5,7 7" Section 85s. 15.07 (1) (a) 6. of the statutes is repealed.".
AB40-ASA1-AA1,5,8 87. Page 32, line 22: after that line insert:
AB40-ASA1-AA1,5,9 9" Section 89n. 15.07 (4) of the statutes is amended to read:
AB40-ASA1-AA1,5,1510 15.07 (4) Quorum. A majority of the membership of a board constitutes a
11quorum to do business and, unless a more restrictive provision is adopted by the
12board, a majority of a quorum may act in any matter within the jurisdiction of the
13board. This subsection does not apply to actions of the government accountability
14board, the University of Wisconsin Hospitals and Clinics Board, or the school district
15boundary appeal board as provided in ss. 5.05 (1e), 15.96 (2), and 117.05 (2) (a).".
AB40-ASA1-AA1,5,16 168. Page 51, line 22: after that line insert:
AB40-ASA1-AA1,5,17 17" Section 182p. 15.96 of the statutes is repealed.
AB40-ASA1-AA1, s. 183d 18Section 183d. 16.002 (2) of the statutes, as affected by 2011 Wisconsin Act 7,
19is amended to read:
AB40-ASA1-AA1,5,2420 16.002 (2) "Departments" means constitutional offices, departments, and
21independent agencies and includes all societies, associations, and other agencies of
22state government for which appropriations are made by law, but not including
23authorities created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232,
24233, 234, 235, 237, 238, or 279.
AB40-ASA1-AA1, s. 183h
1Section 183h. 16.004 (4) of the statutes, as affected by 2011 Wisconsin Act 7,
2is amended to read:
AB40-ASA1-AA1,6,83 16.004 (4) Freedom of access. The secretary and such employees of the
4department as the secretary designates may enter into the offices of state agencies
5and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under
6chs. 52, 231, 233, 234, 237, 238, and 279, and may examine their books and accounts
7and any other matter that in the secretary's judgment should be examined and may
8interrogate the agency's employees publicly or privately relative thereto.
AB40-ASA1-AA1, s. 183p 9Section 183p. 16.004 (5) of the statutes, as affected by 2011 Wisconsin Act 7,
10is amended to read:
AB40-ASA1-AA1,6,1511 16.004 (5) Agencies and employees to cooperate. All state agencies and
12authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs.
1352, 231, 233, 234, 237, 238, and 279, and their officers and employees, shall cooperate
14with the secretary and shall comply with every request of the secretary relating to
15his or her functions.
AB40-ASA1-AA1, s. 183t 16Section 183t. 16.004 (12) (a) of the statutes, as affected by 2011 Wisconsin Act
177
, is amended to read:
AB40-ASA1-AA1,7,218 16.004 (12) (a) In this subsection, "state agency" means an association,
19authority, board, department, commission, independent agency, institution, office,
20society, or other body in state government created or authorized to be created by the
21constitution or any law, including the legislature, the office of the governor, and the
22courts, but excluding the University of Wisconsin Hospitals and Clinics Authority,
23the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
24Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home

1Care Authority,
the Wisconsin Economic Development Corporation, and the Fox
2River Navigational System Authority.".
AB40-ASA1-AA1,7,3 39. Page 52, line 8: after that line insert:
AB40-ASA1-AA1,7,5 4" Section 192m. 16.045 (1) (a) of the statutes, as affected by 2011 Wisconsin
5Act 7
, is amended to read:
AB40-ASA1-AA1,7,116 16.045 (1) (a) "Agency" means an office, department, independent agency,
7institution of higher education, association, society, or other body in state
8government created or authorized to be created by the constitution or any law, that
9is entitled to expend moneys appropriated by law, including the legislature and the
10courts, but not including an authority created in subch. II of ch. 114 or subch. III of
11ch. 149 or in ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279.".
AB40-ASA1-AA1,7,12 1210. Page 53, line 22: after that line insert:
AB40-ASA1-AA1,7,14 13" Section 202t. 16.15 (1) (ab) of the statutes, as affected by 2011 Wisconsin Act
147
, is amended to read:
AB40-ASA1-AA1,7,1915 16.15 (1) (ab) "Authority" has the meaning given under s. 16.70 (2), but
16excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
17River Remediation Authority, the Wisconsin Quality Home Care Authority, the
18Wisconsin Economic Development Corporation, and the Health Insurance
19Risk-Sharing Plan Authority.".
AB40-ASA1-AA1,7,20 2011. Page 54, line 12: after that line insert:
AB40-ASA1-AA1,7,22 21" Section 215g. 16.41 (4) of the statutes, as affected by 2011 Wisconsin Act 7,
22is amended to read:
AB40-ASA1-AA1,7,2423 16.41 (4) In this section, "authority" means a body created under subch. II of
24ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 233, 234, 237, 238, or 279.".
AB40-ASA1-AA1,8,1
112. Page 56, line 24: after that line insert:
AB40-ASA1-AA1,8,3 2" Section 217d. 16.417 (1) (b) of the statutes, as affected by 2011 Wisconsin Act
37
, is amended to read:
AB40-ASA1-AA1,8,54 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or
5ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279.".
AB40-ASA1-AA1,8,6 613. Page 59, line 11: delete lines 11 to 18 and substitute:
AB40-ASA1-AA1,8,8 7" Section 218gb. 16.50 (3) (b) of the statutes, as affected by 2011 Wisconsin Act
810
, is repealed and recreated to read:
AB40-ASA1-AA1,8,149 16.50 (3) (b) No change in the number of full-time equivalent positions
10authorized through the biennial budget process or other legislative act may be made
11without the approval of the joint committee on finance, except for position changes
12made by the governor under s. 16.505 (1) (c), (2), or (2j), by the investment board
13under s. 16.505 (2g), or by the board of regents of the University of Wisconsin System
14under s. 16.505 (2m) or (2p).
AB40-ASA1-AA1, s. 218gm 15Section 218gm. 16.50 (3) (e) of the statutes is amended to read:
AB40-ASA1-AA1,8,1816 16.50 (3) (e) No pay increase may be approved unless it is at the rate or within
17the pay ranges prescribed in the compensation plan or as provided in a collective
18bargaining agreement under subch. V or VI of ch. 111.".
AB40-ASA1-AA1,8,19 1914. Page 60, line 5: delete lines 5 to 8 and substitute:
AB40-ASA1-AA1,8,21 20" Section 218p. 16.505 (1) (intro.) of the statutes, as affected by 2011 Wisconsin
21Act 10
, is repealed and recreated to read:
AB40-ASA1-AA1,8,2422 16.505 (1) (intro.) Except as provided in subs. (2), (2g), (2j), (2m), and (2p), no
23position, as defined in s. 230.03 (11), regardless of funding source or type, may be
24created or abolished unless authorized by one of the following:".
AB40-ASA1-AA1,9,1
115. Page 61, line 15: after that line insert:
AB40-ASA1-AA1,9,2 2" Section 219g. 16.505 (2n) of the statutes is repealed.".
AB40-ASA1-AA1,9,3 316. Page 63, line 4: after that line insert:
AB40-ASA1-AA1,9,5 4" Section 223m. 16.52 (7) of the statutes, as affected by 2011 Wisconsin Act 7,
5is amended to read:
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