AB75: Bill Text

AB75, s. 74 Section 74. 16.41 (4) of the statutes is amended to read:

AB75,108,10 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, or 279.

AB75, s. 75 Section 75. 16.417 (1) (b) of the statutes is amended to read:

AB75,108,13 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 52, 231, 232, 233, 234, 235, 237, or 279.

AB75, s. 76 Section 76. 16.42 (1) (f) of the statutes is repealed.

AB75, s. 77 Section 77. 16.42 (3) of the statutes is created to read:

AB75,108,20 16.42 (3) In formulating the 2011-13 biennial budget bill, the secretary shall assume that the base level of funding for general equalization aid distributed to school districts from the appropriation under s. 20.255 (2) (ac) in the 2011-13 fiscal biennium is the sum of the amounts appropriated under s. 20.255 (2) (ac) and (p) in the 2010-11 fiscal year.

AB75, s. 78 Section 78. 16.42 (4) of the statutes is created to read:

AB75,108,24 16.42 (4) In formulating the biennial budget bill, the secretary shall assume that the base level of funding for the appropriation under s. 20.435 (4) (b) beginning in fiscal years 2011-2012 and 2012-2013 is $1,564,356,500.

AB75, s. 79 Section 79. 16.423 of the statutes is repealed.

AB75, s. 80 Section 80. 16.45 of the statutes is amended to read:

AB75,109,11 16.45 Budget message to legislature. In each regular session of the legislature, the governor shall deliver the budget message to the 2 houses in joint session assembled. Unless a later date is requested by the governor and approved by the legislature in the form of a joint resolution, the budget message shall be delivered on or before the last Tuesday in January of the odd-numbered year. With the message the governor shall transmit to the legislature, as provided in ss. 16.46 and 16.47, the biennial state budget report and the executive budget bill or bills together with suggestions for the best methods for raising the needed revenues. The governor may distribute the biennial state budget report in printed or optical disk format or post the biennial state budget report on the Internet.

AB75, s. 81 Section 81. 16.46 (intro.) of the statutes is amended to read:

AB75,109,18 16.46 Biennial budget, contents. (intro.) The biennial state budget report shall be prepared by the secretary, under the direction of the governor, and a copy of a budget-in-brief thereof shall be furnished to each member of the legislature or posted on the Internet on the day of the delivery of the budget message. The biennial state budget report shall be furnished to each member of the legislature or posted on the Internet on the same day and shall contain the following information:

AB75, s. 82 Section 82. 16.46 (5g) of the statutes is repealed.

AB75, s. 83 Section 83. 16.50 (3) (b) of the statutes is amended to read:

AB75,110,3 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) or (2), by the secretary of employee trust funds under s. 16.505 (2e), by the secretary of administration under s. 16.505 (2g), by the University of Wisconsin Hospitals and Clinics Board under s. 16.505 (2n), or by the board of regents of the University of Wisconsin System under s. 16.505 (2m) or (2p).

AB75, s. 84 Section 84. 16.50 (3) (e) of the statutes is amended to read:

AB75,110,7 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.

AB75, s. 85 Section 85. 16.50 (5) of the statutes is amended to read:

AB75,110,19 16.50 (5) Disbursements. The secretary may not draw a warrant for payment of any expenditures incurred by any department nor may any department make any expenditure for which the approval of the secretary or the governor is necessary under this section, including any expenditure under s. 20.867, unless the expenditure was made in accordance with an estimate submitted to and approved by the secretary or by the governor. In the event that the secretary determines that previously authorized expenditures will exceed revenues in the current or forthcoming fiscal year by more than 0.5% 2 percent of the estimated general purpose revenue appropriations for that fiscal year, he or she may not decline to approve an estimate or to draw a warrant under this subsection, but shall instead proceed under sub. (7).

AB75, s. 86 Section 86. 16.50 (7) (a) of the statutes is amended to read:

AB75,111,2 16.50 (7) (a) If following the enactment of the biennial budget act in any biennium the secretary determines that previously authorized expenditures will exceed revenues in the current or forthcoming fiscal year by more than one-half of one 2 percent of the estimated general purpose revenue appropriations for that fiscal year, he or she may not take any action under sub. (2) and shall immediately notify the governor, the presiding officers of each house of the legislature and the joint committee on finance.

AB75, s. 87 Section 87. 16.501 of the statutes is repealed.

AB75, s. 88 Section 88. 16.505 (1) (intro.) of the statutes is amended to read:

AB75,111,7 16.505 (1) (intro.) Except as provided in subs. (2), (2e), (2g), (2m), (2n), and (2p) and s. 16.004 (15) (c), 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:

AB75, s. 89 Section 89. 16.505 (2e) of the statutes is created to read:

AB75,111,21 16.505 (2e) (a) The secretary of employee trust funds may create or abolish a full-time equivalent position or portion thereof that is funded from revenues deposited in the public employee trust fund by notifying the governor and the joint committee on finance in writing of his or her proposed action. If, within 14 working days after the date of the secretary's notification, the governor does not object to the proposed action and if the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed action within 14 working days after the date of the secretary's notification, the position changes may be made as proposed by the secretary. If the governor objects to the proposed action within 14 working days after the date of the secretary's notification or the cochairpersons notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the position changes may be made only upon approval of the committee.

AB75,111,24 (b) If a full-time equivalent position or portion thereof is created under par. (a), the appropriation that is used to pay salary and fringe benefit costs for the position is supplemented to cover the salary and fringe benefit costs for the position.

AB75,112,3 (c) The secretary of employee trust funds shall submit a quarterly report to the employee trust funds board, the governor, and the joint committee on finance of any position changes made under this subsection.

AB75, s. 90 Section 90. 16.505 (2g) of the statutes is created to read:

AB75,112,7 16.505 (2g) (a) In this subsection, "executive branch state agency" means any office, department, or independent agency in the executive branch of state government.

AB75,112,10 (b) The secretary may abolish any full-time equivalent position or portion thereof in any executive branch state agency if that position has been vacant for more than 12 months.

AB75,112,19 (c) Notwithstanding s. 20.001 (3) (a) to (c), the secretary shall lapse from each sum certain appropriation made to an executive branch state agency from any revenue source except program revenue, federal revenue, or segregated revenue derived from specific program receipts, or shall reestimate to subtract from the expenditure estimate for each appropriation other than a sum certain appropriation made to an executive branch state agency from any revenue source, the amount expended from the appropriations by that executive branch state agency for annual salary and fringe benefit costs for the vacant positions abolished by the secretary under par. (b).

AB75, s. 91 Section 91. 16.505 (2m) of the statutes is amended to read:

AB75,113,7 16.505 (2m) The board of regents of the University of Wisconsin System may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (gs), (h), (ip), (iz), (j), (kc), (m), (n), or (u) (q) to (w) or (3) (iz) or (n) and may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (im) that are generated from increased enrollment and from courses for which the academic fees or tuition charged equals the full cost of offering the courses. No later than the last day of the month following completion of each calendar quarter, the board of regents shall report to the department and the cochairpersons of the joint committee on finance concerning the number of full-time equivalent positions created or abolished by the board under this subsection during the preceding calendar quarter and the source of funding for each such position.

AB75, s. 92 Section 92. 16.506 of the statutes is created to read:

AB75,113,12 16.506 Reassignment of employees in state agencies for purposes of efficiency and effectiveness of state operations. (1) In this section, "state agency" means any office, department, or independent agency in the executive branch of state government, and includes the building commission.

AB75,113,15 (2) If the secretary determines that state operations may be performed more efficiently and effectively by the reassignment of employees among state agencies, the secretary may reassign employees from one state agency to another state agency.

AB75,113,18 (3) (a) Employees who are reassigned from one state agency to another state agency under sub. (2) shall, for the duration of the reassignment, perform any work assignment of the state agency to which they are reassigned.

AB75,113,23 (b) Employees who are reassigned from one state agency to another state agency under sub. (2) are entitled to the same salary and fringe benefits to which they would otherwise be entitled and shall remain employees of the state agency from which they were reassigned for all purposes, including the payment of their salaries and fringe benefits, and any continuous service benefits.

AB75, s. 93 Section 93. 16.52 (7) of the statutes is amended to read:

AB75,114,11 16.52 (7) Petty cash account. 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, or 279.

AB75, s. 94 Section 94. 16.528 (1) (a) of the statutes is amended to read:

AB75,114,18 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, or 279.

AB75, s. 95 Section 95. 16.53 (2) of the statutes is amended to read:

AB75,115,3 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, or 279.

AB75, s. 96 Section 96. 16.53 (4) of the statutes is amended to read:

AB75,115,11 16.53 (4) Audit order endorsed on claim; record. The order of the secretary auditing any claim shall be endorsed on or annexed to such claim, shall specify the amount allowed, the fund from which the same is payable, and the law that authorizes payment of such claim out of the treasury; and said order with the claim and all evidence relative thereto shall be filed and preserved in the secretary's office. The secretary may develop procedures to permit electronic compliance with any requirement under this subsection.

AB75, s. 97 Section 97. 16.54 (2) (b) of the statutes is renumbered 196.3744 (6m) and amended to read:

AB75,115,24 196.3744 (6m) Joint finance revisions. Upon presentation of proposed revisions by the department commission to the joint committee on finance of alternatives to the provisions under s. 16.27, the joint committee on finance may revise the eligibility criteria under s. 16.27 sub. (5) or benefit payments under s. 16.27 sub. (6), and the department commission shall implement those revisions. Benefits or eligibility criteria so revised shall take into account and be consistent with the requirements of federal regulations promulgated under 42 USC 8621 to 8629. If funds received under 42 USC 8621 to 8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, the department shall submit to the joint committee on finance a plan for expenditure of the funds. The department may not use the funds unless the committee approves the plan.

AB75, s. 98 Section 98. 16.54 (9) (a) 1. of the statutes is amended to read:

AB75,116,6 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, or 279.

AB75, s. 99 Section 99. 16.70 (2) of the statutes is amended to read:

AB75,116,9 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.

AB75, s. 100 Section 100. 16.70 (3g) of the statutes is repealed.

AB75, s. 101 Section 101. 16.705 (2) of the statutes is amended to read:

AB75,117,4 16.705 (2) The department shall promulgate rules for the procurement of contractual services by the department and its designated agents, including but not limited to rules prescribing approval and monitoring processes for contractual service contracts, a requirement for agencies to conduct a uniform cost-benefit analysis of each proposed contractual service procurement involving an estimated expenditure of more than $25,000 in accordance with standards prescribed in the rules, and a requirement for agencies to review periodically, and before any renewal, the continued appropriateness of contracting under each contractual services agreement involving an estimated expenditure of more than $25,000. Each officer requesting approval to engage any person to perform contractual services shall submit to the department written justification for such contracting which shall include a description of the contractual services to be procured, justification of need, justification for not contracting with other agencies, a specific description of the scope of contractual services to be performed, and justification for the procurement process if a process other than competitive bidding is to be used. The department may not approve any contract for contractual services unless it is satisfied that the justification for contracting conforms to the requirements of this section and ss. 16.71 to 16.77.

AB75, s. 102 Section 102. 16.705 (3) (c) of the statutes is amended to read:

AB75,117,7 16.705 (3) (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.

AB75, s. 103 Section 103. 16.705 (8) (intro.) and (b) of the statutes are consolidated, renumbered 16.705 (8) and amended to read:

AB75,117,19 16.705 (8) The department shall, annually on or before October 15, submit to the governor, the joint committee on finance, the joint legislative audit committee and the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), a report concerning the number, value and nature of contractual service procurements authorized for each agency during the preceding fiscal year. The report shall also include, with respect to contractual service procurements by agencies for the preceding fiscal year: (b) Recommendations, recommendations for elimination of unneeded contractual service procurements and for consolidation or resolicitation of existing contractual service procurements.

AB75, s. 104 Section 104. 16.705 (8) (a) of the statutes is repealed.

AB75, s. 105 Section 105. 16.765 (1) of the statutes is amended to read:

AB75,118,7 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, 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.

AB75, s. 106 Section 106. 16.765 (2) of the statutes is amended to read:

AB75,119,2 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, 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".

AB75, s. 107 Section 107. 16.765 (4) of the statutes is amended to read:

AB75,119,9 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.

AB75, s. 108 Section 108. 16.765 (5) of the statutes is amended to read:

AB75,120,2 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, 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, 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.

AB75, s. 109 Section 109. 16.765 (6) of the statutes is amended to read:

AB75,120,12 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, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.

AB75, s. 110 Section 110. 16.765 (7) (intro.) of the statutes is amended to read:

AB75,120,24 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, 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, or the Bradley Center Sports and Entertainment Corporation shall:

AB75, s. 111 Section 111. 16.765 (7) (d) of the statutes is amended to read:

AB75,121,7 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, or the Bradley Center Sports and Entertainment Corporation.

AB75, s. 112 Section 112. 16.765 (8) of the statutes is amended to read:

AB75,122,2 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, 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, 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, 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.

AB75, s. 113 Section 113. 16.85 (1) of the statutes is amended to read:

AB75,122,25 16.85 (1) To take charge of and supervise all engineering or architectural services or construction work as defined in s. 16.87 performed by, or for, the state, or any department, board, institution, commission or officer thereof, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under ss. 13.488, 36.09 and 36.11, except the engineering, architectural and construction work of the department of transportation, the engineering service performed by the department of commerce, department of revenue, public service commission, department of health services and other departments, boards and commissions when the service is not related to the maintenance, and construction and planning of the physical properties of the state. For the purpose of selection of an appropriate engineer or architect for each construction project under the department's supervision, except an emergency project approved under s. 16.855 (16) (b) 2., the secretary shall appoint one or more selection committees. If the estimated cost of a project is $5,000,000 or more, the selection committee shall interview each candidate for appointment as an engineer or architect for the project, except that the secretary of administration or the secretary to the building commission may waive this requirement when he or she determines that it is in the best interests of the state to do so. The department shall not authorize construction work for any state office facility in the city of Madison after May 11, 1990, unless the department first provides suitable space for a day care center primarily for use by children of state employees.

AB75, s. 114 Section 114. 16.85 (2) of the statutes is amended to read:

AB75,123,11 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, or 279.

AB75, s. 115 Section 115. 16.855 (2) (intro.) of the statutes is amended to read:

AB75,123,15 16.855 (2) (intro.) Except for projects authorized under s. 16.858, whenever the estimated construction cost of a project exceeds $40,000 $100,000, or if less and in the best interest of the state, the department shall:

AB75, s. 116 Section 116. 16.855 (10) of the statutes is amended to read:

AB75,123,21 16.855 (10) When the department believes that it is in the best interests of the state to contract for certain specified proprietary articles or materials available from only one source, it may contract for said articles or materials without upon solicitation of bids apart from the usual statutory procedure, after a publication of a class 1 notice, under ch. 985, in the official state newspaper.

AB75, s. 117 Section 117. 16.855 (13) (a) of the statutes is amended to read: