LRBb0743/1
CMH:cjs:ph
2013 - 2014 LEGISLATURE
SENATE AMENDMENT 36,
TO ASSEMBLY BILL 40
June 20, 2013 - Offered by Senators Erpenbach and Risser.
AB40-SA36,1,21 At the locations indicated, amend the bill, as shown by assembly substitute
2amendment 1, as follows:
AB40-SA36,1,3 31. Page 1, line 2: at the appropriate places, insert the following:
AB40-SA36,1,4 4" Section 1. 7.33 (1) (c) of the statutes is amended to read:
AB40-SA36,1,75 7.33 (1) (c) "State agency" has the meaning given under s. 20.001 (1) and
6includes an authority created under subch. II of ch. 114 or ch. 52, 231, 232, 233, 234,
7or 237.
AB40-SA36,2 8Section 2. 7.33 (4) of the statutes is amended to read:
AB40-SA36,2,59 7.33 (4) Except as otherwise provided in this subsection, each local
10governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon
11proper application under sub. (3), permit each of its employees to serve as an election
12official under s. 7.30 without loss of fringe benefits or seniority privileges earned for
13scheduled 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-SA36,3 6Section 3. 13.111 (2) of the statutes is amended to read:
AB40-SA36,2,97 13.111 (2) Duties. The joint committee on employment relations shall perform
8the functions assigned to it under subch. subchs. V and VI of ch. 111, subch. II of ch.
9230, and ss. 16.53 (1) (d) 1., 20.916, 20.917, and 20.923, and 40.05 (1) (b).
AB40-SA36,4 10Section 4. 13.172 (1) of the statutes is amended to read:
AB40-SA36,2,1611 13.172 (1) In this section, "agency" means an office, department, agency,
12institution of higher education, association, society, or other body in state
13government created or authorized to be created by the constitution or any law, that
14is entitled to expend moneys appropriated by law, including the legislature and the
15courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in
16ch. 52, 231, 233, 234, 238, or 279.
AB40-SA36,5 17Section 5. 13.48 (13) (a) of the statutes is amended to read:
AB40-SA36,3,518 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure, or
19facility that is constructed for the benefit of or use of the state, any state agency,
20board, commission, or department, the University of Wisconsin Hospitals and
21Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
22Quality Home Care Authority,
the Wisconsin Economic Development Corporation,
23or any local professional baseball park district created under subch. III of ch. 229 if
24the construction is undertaken by the department of administration on behalf of the
25district, shall be in compliance with all applicable state laws, rules, codes, and

1regulations but the construction is not subject to the ordinances or regulations of the
2municipality in which the construction takes place except zoning, including without
3limitation because of enumeration ordinances or regulations relating to materials
4used, permits, supervision of construction or installation, payment of permit fees, or
5other restrictions.
AB40-SA36,6 6Section 6. 13.62 (2) of the statutes is amended to read:
AB40-SA36,3,117 13.62 (2) "Agency" means any board, commission, department, office, society,
8institution of higher education, council, or committee in the state government, or any
9authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232,
10233, 234, 237, 238, or 279, except that the term does not include a council or
11committee of the legislature.
AB40-SA36,7 12Section 7. 13.94 (4) (a) 1. of the statutes is amended to read:
AB40-SA36,4,413 13.94 (4) (a) 1. Every state department, board, examining board, affiliated
14credentialing board, commission, independent agency, council, or office in the
15executive branch of state government; all bodies created by the legislature in the
16legislative or judicial branch of state government; any public body corporate and
17politic created by the legislature including specifically the Wisconsin Quality Home
18Care Authority,
the Fox River Navigational System Authority, the Lower Fox River
19Remediation Authority, the Wisconsin Aerospace Authority, and the Wisconsin
20Economic Development Corporation, a professional baseball park district, a local
21professional football stadium district, a local cultural arts district , and a long-term
22care district under s. 46.2895; every Wisconsin works agency under subch. III of ch.
2349; every provider of medical assistance under subch. IV of ch. 49; technical college
24district boards; every county department under s. 51.42 or 51.437; every nonprofit
25corporation or cooperative or unincorporated cooperative association to which

1moneys are specifically appropriated by state law; and every corporation, institution,
2association, or other organization which receives more than 50% 50 percent of its
3annual budget from appropriations made by state law, including subgrantee or
4subcontractor recipients of such funds.
AB40-SA36,8 5Section 8. 13.95 (intro.) of the statutes is amended to read:
AB40-SA36,4,19 613.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
7known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau
8shall be strictly nonpartisan and shall at all times observe the confidential nature
9of the research requests received by it; however, with the prior approval of the
10requester in each instance, the bureau may duplicate the results of its research for
11distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
12designated employees shall at all times, with or without notice, have access to all
13state agencies, the University of Wisconsin Hospitals and Clinics Authority, the
14Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
15the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care
16Authority,
the Wisconsin Economic Development Corporation, and the Fox River
17Navigational System Authority, and to any books, records, or other documents
18maintained by such agencies or authorities and relating to their expenditures,
19revenues, operations, and structure.
AB40-SA36,9 20Section 9. 16.002 (2) of the statutes is amended to read:
AB40-SA36,4,2521 16.002 (2) "Departments" means constitutional offices, departments, and
22independent agencies and includes all societies, associations, and other agencies of
23state government for which appropriations are made by law, but not including
24authorities created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232,
25233, 234, 237, 238, or 279.
AB40-SA36,10
1Section 10. 16.004 (4) of the statutes is amended to read:
AB40-SA36,5,72 16.004 (4) Freedom of access. The secretary and such employees of the
3department as the secretary designates may enter into the offices of state agencies
4and authorities created under subch. II of ch. 114 and subch. III of ch. 149 and under
5chs. 52, 231, 233, 234, 237, 238, and 279, and may examine their books and accounts
6and any other matter that in the secretary's judgment should be examined and may
7interrogate the agency's employees publicly or privately relative thereto.
AB40-SA36,11 8Section 11. 16.004 (5) of the statutes is amended to read:
AB40-SA36,5,139 16.004 (5) Agencies and employees to cooperate. All state agencies and
10authorities created under subch. II of ch. 114 and subch. III of ch. 149 and under chs.
1152, 231, 233, 234, 237, 238, and 279, and their officers and employees, shall cooperate
12with the secretary and shall comply with every request of the secretary relating to
13his or her functions.
AB40-SA36,12 14Section 12. 16.004 (12) (a) of the statutes is amended to read:
AB40-SA36,5,2315 16.004 (12) (a) In this subsection, "state agency" means an association,
16authority, board, department, commission, independent agency, institution, office,
17society, or other body in state government created or authorized to be created by the
18constitution or any law, including the legislature, the office of the governor, and the
19courts, but excluding the University of Wisconsin Hospitals and Clinics Authority,
20the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
21Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home
22Care Authority,
the Wisconsin Economic Development Corporation, and the Fox
23River Navigational System Authority.
AB40-SA36,13 24Section 13. 16.045 (1) (a) of the statutes is amended to read:
AB40-SA36,6,6
116.045 (1) (a) "Agency" means an office, department, independent agency,
2institution of higher education, association, society, or other body in state
3government created or authorized to be created by the constitution or any law, that
4is entitled to expend moneys appropriated by law, including the legislature and the
5courts, but not including an authority created in subch. II of ch. 114 or subch. III of
6ch. 149 or in ch. 52, 231, 232, 233, 234, 237, 238, or 279.
AB40-SA36,14 7Section 14. 16.15 (1) (ab) of the statutes is amended to read:
AB40-SA36,6,128 16.15 (1) (ab) "Authority" has the meaning given under s. 16.70 (2), but
9excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
10River Remediation Authority, the Wisconsin Quality Home Care Authority, the
11Wisconsin Economic Development Corporation, and the Health Insurance
12Risk-Sharing Plan Authority.
AB40-SA36,15 13Section 15. 16.41 (4) of the statutes is amended to read:
AB40-SA36,6,1514 16.41 (4) In this section, "authority" means a body created under subch. II of
15ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 233, 234, 237, 238, or 279.
AB40-SA36,16 16Section 16. 16.417 (1) (b) of the statutes is amended to read:
AB40-SA36,6,1817 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or
18ch. 52, 231, 232, 233, 234, 237, 238, or 279.
AB40-SA36,17 19Section 17. 16.50 (3) (e) of the statutes is amended to read:
AB40-SA36,6,2220 16.50 (3) (e) No pay increase may be approved unless it is at the rate or within
21the pay ranges prescribed in the compensation plan or as provided in a collective
22bargaining agreement under subch. V or VI of ch. 111.
AB40-SA36,18 23Section 18. 16.52 (7) of the statutes is amended to read:
AB40-SA36,7,824 16.52 (7) Petty cash account. With the approval of the secretary, each agency
25that is authorized to maintain a contingent fund under s. 20.920 may establish a

1petty cash account from its contingent fund. The procedure for operation and
2maintenance of petty cash accounts and the character of expenditures therefrom
3shall be prescribed by the secretary. In this subsection, "agency" means an office,
4department, independent agency, institution of higher education, association,
5society, or other body in state government created or authorized to be created by the
6constitution or any law, that is entitled to expend moneys appropriated by law,
7including the legislature and the courts, but not including an authority created in
8subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, 237, 238, or 279.
AB40-SA36,19 9Section 19. 16.528 (1) (a) of the statutes is amended to read:
AB40-SA36,7,1510 16.528 (1) (a) "Agency" means an office, department, independent agency,
11institution of higher education, association, society, or other body in state
12government created or authorized to be created by the constitution or any law, that
13is entitled to expend moneys appropriated by law, including the legislature and the
14courts, but not including an authority created in subch. II of ch. 114 or subch. III of
15ch. 149 or in ch. 52, 231, 233, 234, 237, 238, or 279.
AB40-SA36,20 16Section 20. 16.53 (2) of the statutes is amended to read:
AB40-SA36,7,2517 16.53 (2) Improper invoices. If an agency receives an improperly completed
18invoice, the agency shall notify the sender of the invoice within 10 working days after
19it receives the invoice of the reason it is improperly completed. In this subsection,
20"agency" means an office, department, independent agency, institution of higher
21education, association, society, or other body in state government created or
22authorized to be created by the constitution or any law, that is entitled to expend
23moneys appropriated by law, including the legislature and the courts, but not
24including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch.
2552, 231, 233, 234, 237, 238, or 279.
AB40-SA36,21
1Section 21. 16.54 (9) (a) 1. of the statutes is amended to read:
AB40-SA36,8,72 16.54 (9) (a) 1. "Agency" means an office, department, independent agency,
3institution of higher education, association, society, or other body in state
4government created or authorized to be created by the constitution or any law, which
5is entitled to expend moneys appropriated by law, including the legislature and the
6courts, but not including an authority created in subch. II of ch. 114 or subch. III of
7ch. 149 or in ch. 52, 231, 233, 234, 237, 238, or 279.
AB40-SA36,22 8Section 22. 16.70 (2) of the statutes is amended to read:
AB40-SA36,8,109 16.70 (2) "Authority" means a body created under subch. II of ch. 114 or subch.
10III of ch. 149 or under ch. 52, 231, 232, 233, 234, 237, or 279.
AB40-SA36,23 11Section 23. 16.705 (3) of the statutes is created to read:
AB40-SA36,8,1512 16.705 (3) The director of the office of state employment relations, prior to
13award, under conditions established by rule of the department, shall review
14contracts for contractual services in order to ensure that all agencies, except the
15University of Wisconsin System, do all of the following:
AB40-SA36,8,1616 (a) Properly utilize the services of state employees.
AB40-SA36,8,1817 (b) Evaluate the feasibility of using limited term appointments prior to
18entering into a contract for contractual services.
AB40-SA36,8,2019 (c) Do not enter into any contract for contractual services in conflict with any
20collective bargaining agreement under subch. V or VI of ch. 111.
AB40-SA36,24 21Section 24. 16.765 (1) of the statutes is amended to read:
AB40-SA36,9,822 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
23Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
24Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
25Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the

1Wisconsin Economic Development Corporation, and the Bradley Center Sports and
2Entertainment Corporation shall include in all contracts executed by them a
3provision obligating the contractor not to discriminate against any employee or
4applicant for employment because of age, race, religion, color, handicap, sex, physical
5condition, developmental disability as defined in s. 51.01 (5), sexual orientation as
6defined in s. 111.32 (13m), or national origin and, except with respect to sexual
7orientation, obligating the contractor to take affirmative action to ensure equal
8employment opportunities.
AB40-SA36,25 9Section 25. 16.765 (2) of the statutes is amended to read:
AB40-SA36,9,2510 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
11Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
12Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
13Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the
14Wisconsin Economic Development Corporation, and the Bradley Center Sports and
15Entertainment Corporation shall include the following provision in every contract
16executed by them: "In connection with the performance of work under this contract,
17the contractor agrees not to discriminate against any employee or applicant for
18employment because of age, race, religion, color, handicap, sex, physical condition,
19developmental disability as defined in s. 51.01 (5), sexual orientation or national
20origin. This provision shall include, but not be limited to, the following: employment,
21upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
22termination; rates of pay or other forms of compensation; and selection for training,
23including apprenticeship. Except with respect to sexual orientation, the contractor
24further agrees to take affirmative action to ensure equal employment opportunities.
25The contractor agrees to post in conspicuous places, available for employees and

1applicants for employment, notices to be provided by the contracting officer setting
2forth the provisions of the nondiscrimination clause". ."
AB40-SA36,26 3Section 26. 16.765 (4) of the statutes is amended to read:
AB40-SA36,10,94 16.765 (4) Contracting agencies, the University of Wisconsin Hospitals and
5Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
6Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
7Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and
8the Bradley Center Sports and Entertainment Corporation shall take appropriate
9action to revise the standard government contract forms under this section.
AB40-SA36,27 10Section 27. 16.765 (5) of the statutes is amended to read:
AB40-SA36,11,311 16.765 (5) The head of each contracting agency and the boards of directors of
12the University of Wisconsin Hospitals and Clinics Authority, the Fox River
13Navigational System Authority, the Wisconsin Aerospace Authority, the Health
14Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
15Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic
16Development Corporation, and the Bradley Center Sports and Entertainment
17Corporation shall be primarily responsible for obtaining compliance by any
18contractor with the nondiscrimination and affirmative action provisions prescribed
19by this section, according to procedures recommended by the department. The
20department shall make recommendations to the contracting agencies and the boards
21of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox
22River Navigational System Authority, the Wisconsin Aerospace Authority, the
23Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
24Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic
25Development Corporation, and the Bradley Center Sports and Entertainment

1Corporation for improving and making more effective the nondiscrimination and
2affirmative action provisions of contracts. The department shall promulgate such
3rules as may be necessary for the performance of its functions under this section.
AB40-SA36,28 4Section 28. 16.765 (6) of the statutes is amended to read:
AB40-SA36,11,145 16.765 (6) The department may receive complaints of alleged violations of the
6nondiscrimination provisions of such contracts. The department shall investigate
7and determine whether a violation of this section has occurred. The department may
8delegate this authority to the contracting agency, the University of Wisconsin
9Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
10Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
11the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care
12Authority,
the Wisconsin Economic Development Corporation, or the Bradley Center
13Sports and Entertainment Corporation for processing in accordance with the
14department's procedures.
AB40-SA36,29 15Section 29. 16.765 (7) (intro.) of the statutes is amended to read:
AB40-SA36,12,216 16.765 (7) (intro.) When a violation of this section has been determined by the
17department, the contracting agency, the University of Wisconsin Hospitals and
18Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
19Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
20Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the
21Wisconsin Economic Development Corporation, or the Bradley Center Sports and
22Entertainment Corporation, the contracting agency, the University of Wisconsin
23Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
24Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
25the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care

1Authority,
the Wisconsin Economic Development Corporation, or the Bradley Center
2Sports and Entertainment Corporation shall:
AB40-SA36,30 3Section 30. 16.765 (7) (d) of the statutes is amended to read:
AB40-SA36,12,114 16.765 (7) (d) Direct the violating party to take immediate steps to prevent
5further violations of this section and to report its corrective action to the contracting
6agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
7Navigational System Authority, the Wisconsin Aerospace Authority, the Health
8Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
9Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic
10Development Corporation, or the Bradley Center Sports and Entertainment
11Corporation.
AB40-SA36,31 12Section 31. 16.765 (8) of the statutes is amended to read:
AB40-SA36,13,713 16.765 (8) If further violations of this section are committed during the term
14of the contract, the contracting agency, the Fox River Navigational System Authority,
15the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
16Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home
17Care Authority,
the Wisconsin Economic Development Corporation, or the Bradley
18Center Sports and Entertainment Corporation may permit the violating party to
19complete the contract, after complying with this section, but thereafter the
20contracting agency, the Fox River Navigational System Authority, the Wisconsin
21Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
22Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the
23Wisconsin Economic Development Corporation, or the Bradley Center Sports and
24Entertainment Corporation shall request the department to place the name of the
25party on the ineligible list for state contracts, or the contracting agency, the Fox River

1Navigational System Authority, the Wisconsin Aerospace Authority, the Health
2Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
3Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic
4Development Corporation, or the Bradley Center Sports and Entertainment
5Corporation may terminate the contract without liability for the uncompleted
6portion or any materials or services purchased or paid for by the contracting party
7for use in completing the contract.
AB40-SA36,32 8Section 32. 16.85 (2) of the statutes is amended to read:
AB40-SA36,13,189 16.85 (2) To furnish engineering, architectural, project management, and other
10building construction services whenever requisitions therefor are presented to the
11department by any agency. The department may deposit moneys received from the
12provision of these services in the account under s. 20.505 (1) (kc) or in the general
13fund as general purpose revenue — earned. In this subsection, "agency" means an
14office, department, independent agency, institution of higher education, association,
15society, or other body in state government created or authorized to be created by the
16constitution or any law, which is entitled to expend moneys appropriated by law,
17including the legislature and the courts, but not including an authority created in
18subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, 237, 238, or 279.
AB40-SA36,33 19Section 33. 16.865 (8) of the statutes is amended to read:
AB40-SA36,14,920 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a
21proportionate share of the estimated costs attributable to programs administered by
22the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
23may charge premiums to agencies to finance costs under this subsection and pay the
24costs from the appropriation on an actual basis. The department shall deposit all
25collections under this subsection in the appropriation account under s. 20.505 (2) (k).

1Costs assessed under this subsection may include judgments, investigative and
2adjustment fees, data processing and staff support costs, program administration
3costs, litigation costs, and the cost of insurance contracts under sub. (5). In this
4subsection, "agency" means an office, department, independent agency, institution
5of higher education, association, society, or other body in state government created
6or authorized to be created by the constitution or any law, that is entitled to expend
7moneys appropriated by law, including the legislature and the courts, but not
8including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch.
952, 231, 232, 233, 234, 237, 238, or 279.
AB40-SA36,34 10Section 34. 19.42 (10) (s) of the statutes is created to read:
AB40-SA36,14,1211 19.42 (10) (s) The executive director and members of the board of directors of
12the Wisconsin Quality Home Care Authority.
AB40-SA36,35 13Section 35. 19.42 (13) (o) of the statutes is created to read:
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