Amendment SA8-AB40

AB40-SA8,6,21 " Section 192m. 16.045 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,7,3 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-SA8,7,4 8. Page 53, line 22: after that line insert:

AB40-SA8,7,6 " Section 202m. 16.15 (1) (ab) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,7,11 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-SA8,7,12 9. Page 54, line 12: after that line insert:

AB40-SA8,7,14 " Section 213m. 16.41 (4) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,7,16 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-SA8,7,17 10. Page 56, line 24: after that line insert:

AB40-SA8,7,19 " Section 217m. 16.417 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,7,21 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-SA8,7,22 11. Page 59, line 18: after that line insert:

AB40-SA8,7,24 " Section 218gm. 16.50 (3) (e) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,8,3 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-SA8,8,4 12. Page 63, line 4: after that line insert:

AB40-SA8,8,6 " Section 221t. 16.52 (7) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,8,16 16.52 (7) Petty cash account. With the approval of the secretary, each agency that is authorized to maintain a contingent fund under s. 20.920 may establish a petty cash account from its contingent fund. The procedure for operation and maintenance of petty cash accounts and the character of expenditures therefrom shall be prescribed by the secretary. In this subsection, "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, 233, 234, 237, 238, or 279.

AB40-SA8, s. 221u Section 221u. 16.528 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,8,24 16.528 (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, 233, 234, 237, 238, or 279.

AB40-SA8, s. 221w Section 221w. 16.53 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,9,11 16.53 (2) Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason it is improperly completed. In this subsection, "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, 233, 234, 237, 238, or 279.

AB40-SA8, s. 221x Section 221x. 16.54 (9) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,9,19 16.54 (9) (a) 1. "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, which 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, 233, 234, 237, 238, or 279.".

AB40-SA8,9,20 13. Page 63, line 5: after that line insert:

AB40-SA8,9,22 " Section 221y. 16.70 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,9,24 16.70 (2) "Authority" means a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 232, 233, 234, 235, 237, or 279.".

AB40-SA8,10,1 14. Page 63, line 15: after that line insert:

AB40-SA8,10,2 " Section 236m. 16.705 (3) of the statutes is created to read:

AB40-SA8,10,6 16.705 (3) The director of the office of state employment relations, prior to award, under conditions established by rule of the department, shall review contracts for contractual services in order to ensure that agencies do all of the following:

AB40-SA8,10,7 (a) Properly utilize the services of state employees.

AB40-SA8,10,9 (b) Evaluate the feasibility of using limited term appointments prior to entering into a contract for contractual services.

AB40-SA8,10,11 (c) Do not enter into any contract for contractual services in conflict with any collective bargaining agreement under subch. V or VI of ch. 111.".

AB40-SA8,10,12 15. Page 69, line 8: after that line insert:

AB40-SA8,10,14 " Section 262b. 16.765 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,11,2 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System 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 Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.

AB40-SA8, s. 262e Section 262e. 16.765 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,11,22 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System 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 Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause".

AB40-SA8, s. 262h Section 262h. 16.765 (4) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,12,6 16.765 (4) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Bradley Center Sports and Entertainment Corporation shall take appropriate action to revise the standard government contract forms under this section.

AB40-SA8, s. 262L Section 262L. 16.765 (5) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,13,2 16.765 (5) The head of each contracting agency and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System 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 Bradley Center Sports and Entertainment Corporation shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System 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 Bradley Center Sports and Entertainment Corporation for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.

AB40-SA8, s. 262p Section 262p. 16.765 (6) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,13,14 16.765 (6) The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System 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, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.

AB40-SA8, s. 262r Section 262r. 16.765 (7) (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,14,3 16.765 (7) (intro.) When a violation of this section has been determined by the department, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System 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, or the Bradley Center Sports and Entertainment Corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System 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, or the Bradley Center Sports and Entertainment Corporation shall:

AB40-SA8, s. 262u Section 262u. 16.765 (7) (d) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,14,13 16.765 (7) (d) Direct the violating party to take immediate steps to prevent further violations of this section and to report its corrective action to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System 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, or the Bradley Center Sports and Entertainment Corporation.

AB40-SA8, s. 262y Section 262y. 16.765 (8) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,15,10 16.765 (8) If further violations of this section are committed during the term of the contract, the contracting agency, the Fox River Navigational System 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, or the Bradley Center Sports and Entertainment Corporation may permit the violating party to complete the contract, after complying with this section, but thereafter the contracting agency, the Fox River Navigational System 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, or the Bradley Center Sports and Entertainment Corporation shall request the department to place the name of the party on the ineligible list for state contracts, or the contracting agency, the Fox River Navigational System 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, or the Bradley Center Sports and Entertainment Corporation may terminate the contract without liability for the uncompleted portion or any materials or services purchased or paid for by the contracting party for use in completing the contract.".

AB40-SA8,15,11 16. Page 73, line 13: after that line insert:

AB40-SA8,15,13 " Section 267m. 16.85 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,15,23 16.85 (2) To furnish engineering, architectural, project management, and other building construction services whenever requisitions therefor are presented to the department by any agency. The department may deposit moneys received from the provision of these services in the account under s. 20.505 (1) (kc) or in the general fund as general purpose revenue — earned. In this subsection, "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, which 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, 233, 234, 237, 238, or 279.".

AB40-SA8,15,24 17. Page 75, line 25: after that line insert:

AB40-SA8,16,2 " Section 290m. 16.865 (8) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,16,17 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under sub. (5). In this subsection, "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-SA8,16,18 18. Page 83, line 14: after that line insert:

AB40-SA8,16,19 " Section 354z. 19.42 (10) (s) of the statutes is created to read:

AB40-SA8,16,21 19.42 (10) (s) The executive director and members of the board of directors of the Wisconsin Quality Home Care Authority.".

AB40-SA8,16,22 19. Page 86, line 6: after that line insert:

AB40-SA8,16,24 " Section 362m. 19.82 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,17,9 19.82 (1) "Governmental body" means a state or local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a long-term care district under s. 46.2895; or a formally constituted subunit of any of the foregoing, but excludes any such body or committee or subunit of such body which is formed for or meeting for the purpose of collective bargaining under subch. I, IV, or V, or VI of ch. 111.".

AB40-SA8,17,10 20. Page 86, line 7: after that line insert:

AB40-SA8,17,12 " Section 364g. 19.85 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,17,16 19.85 (3) Nothing in this subchapter shall be construed to authorize a governmental body to consider at a meeting in closed session the final ratification or approval of a collective bargaining agreement under subch. I, IV, or V, or VI of ch. 111 which has been negotiated by such body or on its behalf.

AB40-SA8, s. 364r Section 364r. 19.86 of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,17,24 19.86 Notice of collective bargaining negotiations. Notwithstanding s. 19.82 (1), where notice has been given by either party to a collective bargaining agreement under subch. I, IV, or V, or VI of ch. 111 to reopen such agreement at its expiration date, the employer shall give notice of such contract reopening as provided in s. 19.84 (1) (b). If the employer is not a governmental body, notice shall be given by the employer's chief officer or such person's designee.".

AB40-SA8,18,1 21. Page 339, line 7: after that line insert:

AB40-SA8,18,3 " Section 634g. 20.425 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,18,5 20.425 (1) (a) General program operations. The amounts in the schedule for the purposes provided in subchs. I, IV, and V, and VI of ch. 111 and s. 230.45 (1).

AB40-SA8, s. 634r Section 634r. 20.425 (1) (i) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,18,20 20.425 (1) (i) Fees, collective bargaining training, publications, and appeals. The amounts in the schedule for the performance of fact-finding, mediation, and arbitration functions, for the provision of copies of transcripts, for the cost of operating training programs under ss. 111.09 (3), 111.71 (5), and 111.94 (3), for the preparation of publications, transcripts, reports, and other copied material, and for costs related to conducting appeals under s. 230.45. All moneys received under ss. 111.09 (1) and (2), 111.71 (1) and (2), 111.94 (1) and (2), 111.9993, and 230.45 (3), all moneys received from arbitrators and arbitration panel members, and individuals who are interested in serving in such positions, and from individuals and organizations who participate in other collective bargaining training programs conducted by the commission, and all moneys received from the sale of publications, transcripts, reports, and other copied material shall be credited to this appropriation account.".

AB40-SA8,18,21 22. Page 364, line 23: after that line insert:

AB40-SA8,18,23 " Section 748t. 20.545 (1) (k) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,19,6 20.545 (1) (k) General program operations. The amounts in the schedule to administer state employment relations functions and the civil service system under subch. subchs. V and VI of ch. 111 and ch. 230, to pay awards under s. 230.48, and to defray the expenses of the state employees suggestion board. All moneys received from state agencies for materials and services provided by the office of state employment relations shall be credited to this appropriation.

AB40-SA8, s. 748w Section 748w. 20.545 (1) (km) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,19,19 20.545 (1) (km) Collective bargaining grievance arbitrations. The amounts in the schedule for the payment of the state's share of costs related to collective bargaining grievance arbitrations under s. 111.86 and related to collective bargaining grievance arbitrations under s. 111.993. All moneys received from state agencies for the purpose of reimbursing the state's share of the costs related to grievance arbitrations under s. 111.86 and to reimburse the state's share of costs for training related to grievance arbitrations, and all moneys received from institutions, as defined in s. 36.05 (9), for the purpose of reimbursing the state's share of the costs related to grievance arbitrations under s. 111.993 and to reimburse the state's share of costs for training related to grievance arbitrations shall be credited to this appropriation account.".

AB40-SA8,19,21 23. Page 371, line 23: delete the material beginning with that line and ending with page 372, line 5, and substitute:

AB40-SA8,19,23 " Section 775m. 20.865 (1) (ci) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,20,7 20.865 (1) (ci) Nonrepresented university system senior executive, faculty and academic University pay adjustments. A sum sufficient to pay the cost of pay and related adjustments approved by the joint committee on employment relations under s. 230.12 (3) (e) for University of Wisconsin System employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included within a collective bargaining unit for which a representative is certified under subch. V or VI of ch. 111, as determined under s. 20.928, other than adjustments funded under par. (cj).".

AB40-SA8,20,8 24. Page 372, line 5: after that line insert:

AB40-SA8,20,9 " Section 775n. 20.865 (1) (cm) of the statutes is created to read:

AB40-SA8,20,16 20.865 (1) (cm) Represented university faculty and academic staff pay adjustments. A sum sufficient to supplement the appropriations to the Board of Regents of the University of Wisconsin System for the cost of compensation and related adjustments approved by the legislature under s. 111.9991 for University of Wisconsin System employees under s. 230.08 (2) (d) who are included within a collective bargaining unit for which a representative is certified under subch. VI of ch. 111, as determined under s. 20.928.".

AB40-SA8,20,18 25. Page 372, line 18: delete the material beginning with that line and ending with page 373, line 2, and substitute:

AB40-SA8,20,20 " Section 775s. 20.865 (1) (ic) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,21,5 20.865 (1) (ic) Nonrepresented university system senior executive, faculty and academic University pay adjustments. From the appropriate program revenue and program revenue-service accounts, a sum sufficient to supplement the appropriations to the University of Wisconsin System to pay the cost of pay and related adjustments approved by the joint committee on employment relations under s. 230.12 (3) (e) for University of Wisconsin System employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included within a collective bargaining unit for which a representative is certified under subch. V or VI of ch. 111, as determined under s. 20.928, other than adjustments funded under par. (cj).

AB40-SA8, s. 775t Section 775t. 20.865 (1) (im) of the statutes is created to read:

AB40-SA8,21,13 20.865 (1) (im) Represented university system faculty and academic staff pay adjustments; program revenue. From the appropriate program revenue and program revenue-service accounts, a sum sufficient to supplement the appropriations to the Board of Regents of the University of Wisconsin System for the cost of compensation and related adjustments for University of Wisconsin System employees under s. 230.08 (2) (d) who are included within a collective bargaining unit for which a representative is certified under subch. VI of ch. 111, as determined under s. 20.928.".

AB40-SA8,21,15 26. Page 373, line 14: delete the material beginning with that line and ending with line 22 and substitute:

AB40-SA8,21,17 " Section 775ym. 20.865 (1) (si) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read: