Amendment SA8-AB40

SENATE AMENDMENT 8, TO 2011 ASSEMBLY BILL 40

June 16, 2011 - Offered by Senators Wirch, Hansen, Miller, Holperin, Carpenter, Taylor, Jauch, Lassa, Vinehout, S. Coggs, Erpenbach, C. Larson, T. Cullen and Risser.

AB40-SA8,1,2 At the locations indicated, amend the bill, as shown by assembly substitute amendment 1, as follows:

AB40-SA8,1,3 1. Page 5, line 2: after that line insert:

AB40-SA8,1,5 " Section 5s. 7.33 (1) (c) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,1,8 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-SA8, s. 5t Section 5t. 7.33 (4) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,2,7 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-SA8,2,8 2. Page 15, line 22: after that line insert:

AB40-SA8,2,10 " Section 25m. 13.111 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,2,13 13.111 (2) Duties. The joint committee on employment relations shall perform the functions assigned to it under subch. subchs. 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.

AB40-SA8, s. 26m Section 26m. 13.172 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,2,21 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-SA8,2,22 3. Page 18, line 16: after that line insert:

AB40-SA8,2,24 " Section 49b. 13.48 (13) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,3,13 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-SA8,3,14 4. Page 22, line 21: after that line insert:

AB40-SA8,3,16 " Section 62m. 13.62 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,3,21 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-SA8,3,22 5. Page 24, line 4: after that line insert:

AB40-SA8,3,24 " Section 69. 13.94 (4) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,4,17 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, the Wisconsin Aerospace Authority, and 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-SA8, s. 69g Section 69g. 13.95 (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,5,8 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-SA8,5,9 6. Page 51, line 22: after that line insert:

AB40-SA8,5,11 " Section 176. 16.002 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,5,16 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-SA8, s. 177 Section 177. 16.004 (4) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,5,24 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 and 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-SA8, s. 178 Section 178. 16.004 (5) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,6,7 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. II of ch. 114 and 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-SA8, s. 179 Section 179. 16.004 (12) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,6,18 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-SA8,6,19 7. Page 52, line 8: after that line insert:

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: