Amendment AA1-ASA1-AB40

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-AA1,1,1 At the locations indicated, amend the substitute amendment as follows:

AB40-ASA1-AA1,1,2 1. Page 5, line 3: before that line insert:

AB40-ASA1-AA1,1,3 " Section 5t. 7.33 (1) (c) of the statutes is amended to read:

AB40-ASA1-AA1,1,6 7.33 (1) (c) "State agency" has the meaning given under s. 20.001 (1) and includes an authority created under subch. II of ch. 114 or ch. 52, 231, 232, 233, 234, or 237.

AB40-ASA1-AA1, s. 5u Section 5u. 7.33 (4) of the statutes is amended to read:

AB40-ASA1-AA1,2,5 7.33 (4) Except as otherwise provided in this subsection, each local governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon proper application under sub. (3), permit each of its employees to serve as an election official under s. 7.30 without loss of fringe benefits or seniority privileges earned for scheduled working hours during the period specified in sub. (3), without loss of pay for scheduled working hours during the period specified in sub. (3) except as provided in sub. (5), and without any other penalty. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.".

AB40-ASA1-AA1,2,6 2. Page 15, line 23: before that line insert:

AB40-ASA1-AA1,2,7 " Section 31h. 13.111 (2) of the statutes is amended to read:

AB40-ASA1-AA1,2,10 13.111 (2) Duties. The joint committee on employment relations shall perform the functions assigned to it under subchs. subch. V and VI of ch. 111, subch. II of ch. 230 and ss. 16.53 (1) (d) 1., 20.916, 20.917, and 20.923 and 40.05 (1) (b).

AB40-ASA1-AA1, s. 31k Section 31k. 13.172 (1) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,2,18 13.172 (1) In this section, "agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, 238, or 279.".

AB40-ASA1-AA1,2,19 3. Page 18, line 16: after that line insert:

AB40-ASA1-AA1,2,21 " Section 49d. 13.48 (13) (a) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,3,10 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.".

AB40-ASA1-AA1,3,11 4. Page 22, line 21: after that line insert:

AB40-ASA1-AA1,3,13 " Section 61m. 13.62 (2) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,3,18 13.62 (2) "Agency" means any board, commission, department, office, society, institution of higher education, council, or committee in the state government, or any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232, 233, 234, 237, 238, or 279, except that the term does not include a council or committee of the legislature.".

AB40-ASA1-AA1,3,19 5. Page 24, line 4: after that line insert:

AB40-ASA1-AA1,3,21 " Section 68m. 13.94 (4) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,4,14 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Wisconsin Quality Home Care Authority, the Fox River Navigational System Authority, the Lower Fox River Remediation Authority, and the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation, a professional baseball park district, a local professional football stadium district, a local cultural arts district and a long-term care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

AB40-ASA1-AA1, s. 68r Section 68r. 13.95 (intro.) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,5,5 13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.".

AB40-ASA1-AA1,5,6 6. Page 31, line 18: after that line insert:

AB40-ASA1-AA1,5,7 " Section 85s. 15.07 (1) (a) 6. of the statutes is repealed.".

AB40-ASA1-AA1,5,8 7. Page 32, line 22: after that line insert:

AB40-ASA1-AA1,5,9 " Section 89n. 15.07 (4) of the statutes is amended to read:

AB40-ASA1-AA1,5,15 15.07 (4) Quorum. A majority of the membership of a board constitutes a quorum to do business and, unless a more restrictive provision is adopted by the board, a majority of a quorum may act in any matter within the jurisdiction of the board. This subsection does not apply to actions of the government accountability board, the University of Wisconsin Hospitals and Clinics Board, or the school district boundary appeal board as provided in ss. 5.05 (1e), 15.96 (2), and 117.05 (2) (a).".

AB40-ASA1-AA1,5,16 8. Page 51, line 22: after that line insert:

AB40-ASA1-AA1,5,17 " Section 182p. 15.96 of the statutes is repealed.

AB40-ASA1-AA1, s. 183d Section 183d. 16.002 (2) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,5,24 16.002 (2) "Departments" means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279.

AB40-ASA1-AA1, s. 183h Section 183h. 16.004 (4) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,6,8 16.004 (4) Freedom of access. The secretary and such employees of the department as the secretary designates may enter into the offices of state agencies and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 52, 231, 233, 234, 237, 238, and 279, and may examine their books and accounts and any other matter that in the secretary's judgment should be examined and may interrogate the agency's employees publicly or privately relative thereto.

AB40-ASA1-AA1, s. 183p Section 183p. 16.004 (5) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,6,15 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 52, 231, 233, 234, 237, 238, and 279, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.

AB40-ASA1-AA1, s. 183t Section 183t. 16.004 (12) (a) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,7,2 16.004 (12) (a) In this subsection, "state agency" means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.".

AB40-ASA1-AA1,7,3 9. Page 52, line 8: after that line insert:

AB40-ASA1-AA1,7,5 " Section 192m. 16.045 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,7,11 16.045 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279.".

AB40-ASA1-AA1,7,12 10. Page 53, line 22: after that line insert:

AB40-ASA1-AA1,7,14 " Section 202t. 16.15 (1) (ab) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,7,19 16.15 (1) (ab) "Authority" has the meaning given under s. 16.70 (2), but excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Health Insurance Risk-Sharing Plan Authority.".

AB40-ASA1-AA1,7,20 11. Page 54, line 12: after that line insert:

AB40-ASA1-AA1,7,22 " Section 215g. 16.41 (4) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,7,24 16.41 (4) In this section, "authority" means a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 233, 234, 237, 238, or 279.".

AB40-ASA1-AA1,8,1 12. Page 56, line 24: after that line insert:

AB40-ASA1-AA1,8,3 " Section 217d. 16.417 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,8,5 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279.".

AB40-ASA1-AA1,8,6 13. Page 59, line 11: delete lines 11 to 18 and substitute:

AB40-ASA1-AA1,8,8 " Section 218gb. 16.50 (3) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,8,14 16.50 (3) (b) No change in the number of full-time equivalent positions authorized through the biennial budget process or other legislative act may be made without the approval of the joint committee on finance, except for position changes made by the governor under s. 16.505 (1) (c), (2), or (2j), by the investment board under s. 16.505 (2g), or by the board of regents of the University of Wisconsin System under s. 16.505 (2m) or (2p).

AB40-ASA1-AA1, s. 218gm Section 218gm. 16.50 (3) (e) of the statutes is amended to read:

AB40-ASA1-AA1,8,18 16.50 (3) (e) No pay increase may be approved unless it is at the rate or within the pay ranges prescribed in the compensation plan or as provided in a collective bargaining agreement under subch. V or VI of ch. 111.".

AB40-ASA1-AA1,8,19 14. Page 60, line 5: delete lines 5 to 8 and substitute:

AB40-ASA1-AA1,8,21 " Section 218p. 16.505 (1) (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,8,24 16.505 (1) (intro.) Except as provided in subs. (2), (2g), (2j), (2m), and (2p), no position, as defined in s. 230.03 (11), regardless of funding source or type, may be created or abolished unless authorized by one of the following:".

AB40-ASA1-AA1,9,1 15. Page 61, line 15: after that line insert:

AB40-ASA1-AA1,9,2 " Section 219g. 16.505 (2n) of the statutes is repealed.".

AB40-ASA1-AA1,9,3 16. Page 63, line 4: after that line insert:

AB40-ASA1-AA1,9,5 " Section 223m. 16.52 (7) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read: