JR1 AB11: Bill Text

AB11, s. 1 Section 1. 7.33 (1) (c) of the statutes is amended to read:

AB11,8,4 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.

AB11, s. 2 Section 2. 7.33 (4) of the statutes is amended to read:

AB11,8,15 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.

AB11, s. 3 Section 3. 13.111 (2) of the statutes is amended to read:

AB11,8,19 13.111 (2) Duties. The joint committee on employment relations shall perform the functions assigned to it under subchs. subch. V and VI of ch. 111, subch. II of ch. 230 and ss. 16.53 (1) (d) 1., 20.916, 20.917, and 20.923 and 40.05 (1) (b).

AB11, s. 4 Section 4. 13.172 (1) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,9,6 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.

AB11, s. 5 Section 5. 13.48 (13) (a) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,9,21 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.

AB11, s. 6 Section 6. 13.62 (2) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,9,25 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.

AB11, s. 7 Section 7. 13.94 (4) (a) 1. of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,10,22 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Wisconsin Quality Home Care Authority, the Fox River Navigational System Authority, the Lower Fox River Remediation Authority, and the Wisconsin Aerospace Authority, 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.

AB11, s. 8 Section 8. 13.95 (intro.) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,11,14 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.

AB11, s. 9 Section 9. 15.07 (1) (a) 6. of the statutes is repealed.

AB11, s. 10 Section 10. 15.07 (4) of the statutes is amended to read:

AB11,11,22 15.07 (4) Quorum. A majority of the membership of a board constitutes a quorum to do business and, unless a more restrictive provision is adopted by the board, a majority of a quorum may act in any matter within the jurisdiction of the board. This subsection does not apply to actions of the government accountability board, the University of Wisconsin Hospitals and Clinics Board, or the school district boundary appeal board as provided in ss. 5.05 (1e), 15.96 (2), and 117.05 (2) (a).

AB11, s. 11 Section 11. 15.165 (2) of the statutes is amended to read:

AB11,12,10 15.165 (2) Group insurance board. There is created in the department of employee trust funds a group insurance board. The board shall consist of the governor, the attorney general, the secretary of administration, the director of the office of state employment relations, and the commissioner of insurance or their designees, and 6 persons appointed for 2-year terms, of whom one shall be an insured participant in the Wisconsin Retirement System who is not a teacher, one shall be an insured participant in the Wisconsin Retirement System who is a teacher, one shall be an insured participant in the Wisconsin Retirement System who is a retired employee, one shall be an insured employee of a local unit of government, and one shall be the chief executive or a member of the governing body of a local unit of government that is a participating employer in the Wisconsin Retirement System. The designee of the attorney general shall be an attorney.

AB11, s. 12 Section 12. 15.96 of the statutes is repealed.

AB11, s. 13 Section 13. 16.002 (2) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,12,18 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.

AB11, s. 14 Section 14. 16.004 (4) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,13,2 16.004 (4) Freedom of access. The secretary and such employees of the department as the secretary designates may enter into the offices of state agencies and authorities created under subch. II of ch. 114 or 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.

AB11, s. 15 Section 15. 16.004 (5) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,13,9 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. II of ch. 114 or 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.

AB11, s. 16 Section 16. 16.004 (12) (a) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,13,20 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.

AB11, s. 17 Section 17. 16.045 (1) (a) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,14,3 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.

AB11, s. 18 Section 18. 16.15 (1) (ab) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,14,10 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.

AB11, s. 19 Section 19. 16.41 (4) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,14,14 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.

AB11, s. 20 Section 20. 16.417 (1) (b) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,14,18 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.

AB11, s. 21 Section 21. 16.50 (3) (b) of the statutes is amended to read:

AB11,14,25 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 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).

AB11, s. 22 Section 22. 16.50 (3) (e) of the statutes is amended to read:

AB11,15,4 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.

AB11, s. 23 Section 23. 16.505 (1) (intro.) of the statutes is amended to read:

AB11,15,8 16.505 (1) (intro.) Except as provided in subs. (2), (2m), (2n), and (2p), no position, as defined in s. 230.03 (11), regardless of funding source or type, may be created or abolished unless authorized by one of the following:

AB11, s. 24 Section 24. 16.505 (2n) of the statutes is repealed.

AB11, s. 25 Section 25. 16.52 (7) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,15,21 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.

AB11, s. 26 Section 26. 16.528 (1) (a) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,16,4 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.

AB11, s. 27 Section 27. 16.53 (2) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,16,15 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.

AB11, s. 28 Section 28. 16.54 (9) (a) 1. of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,16,23 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.

AB11, s. 29 Section 29. 16.70 (2) of the statutes is amended to read:

AB11,17,2 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.

AB11, s. 30 Section 30. 16.705 (3) of the statutes is repealed.

AB11, s. 31 Section 31. 16.765 (1) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,17,17 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.

AB11, s. 32 Section 32. 16.765 (2) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,18,12 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".

AB11, s. 33 Section 33. 16.765 (4) of the statutes is amended to read:

AB11,18,19 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.

AB11, s. 34 Section 34. 16.765 (5) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,19,14 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.

AB11, s. 35 Section 35. 16.765 (6) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,20,2 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.

AB11, s. 36 Section 36. 16.765 (7) (intro.) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,20,16 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:

AB11, s. 37 Section 37. 16.765 (7) (d) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,21,2 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.

AB11, s. 38 Section 38. 16.765 (8) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,21,24 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.

AB11, s. 39 Section 39. 16.84 (1) of the statutes is amended to read:

AB11,22,11 16.84 (1) Have charge of, operate, maintain and keep in repair the state capitol building, the executive residence, the light, heat and power plant, the state office buildings and their power plants, any heating, cooling, and power plants owned and operated by the state serving those properties, the grounds connected therewith with those properties, and such other state properties as are designated by law. All costs of such operation and maintenance shall be paid from the appropriations under s. 20.505 (5) (ka) and (kb), except for debt service costs paid under s. 20.866 (1) (u). The department shall transfer moneys from the appropriation under s. 20.505 (5) (ka) to the appropriation account under s. 20.505 (5) (kc) sufficient to make principal and interest payments on state facilities and payments to the United States under s. 13.488 (1) (m).

AB11, s. 40 Section 40. 16.848 (5) of the statutes is created to read:

AB11,22,15 16.848 (5) This section does not apply to the sale of any state-owned heating, cooling, and power plant. Any sale of such a plant is governed exclusively by s. 16.896.

AB11, s. 41 Section 41. 16.85 (2) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,23,2 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.

AB11, s. 42 Section 42. 16.865 (8) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,23,19 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.

AB11, s. 43 Section 43. 16.895 (2) (h) of the statutes is amended to read:

AB11,23,24 16.895 (2) (h) Periodically assess to agencies their proportionate cost of the expenses incurred by the department under this subsection and ss. 16.85 (4), 16.896 (1), 16.90, 16.91 and 16.92 in accordance with a method of apportionment determined by the department.

AB11, s. 44 Section 44. 16.896 of the statutes is created to read:

AB11,24,10 16.896 Sale or contractual operation of state-owned heating, cooling, and power plants. (1) Notwithstanding ss. 13.48 (14) (am) and 16.705 (1), the department may sell any state-owned heating, cooling, and power plant or may contract with a private entity for the operation of any such plant, with or without solicitation of bids, for any amount that the department determines to be in the best interest of the state. Notwithstanding ss. 196.49 and 196.80, no approval or certification of the public service commission is necessary for a public utility to purchase, or contract for the operation of, such a plant, and any such purchase is considered to be in the public interest and to comply with the criteria for certification of a project under s. 196.49 (3) (b).

AB11,24,18 (2) If there is any outstanding public debt used to finance the acquisition, construction, or improvement of any plant that is sold under sub. (1), the department shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the department shall repay to the federal government any of the net proceeds required by federal law.

AB11,24,22 (3) Except as provided in s. 51.06 (6), if there is no such debt outstanding or there are no moneys payable to the federal government, or if the net proceeds exceed the amount required to be deposited or paid under sub. (2), the department shall deposit the net proceeds or remaining net proceeds in the budget stabilization fund.

AB11,25,7 (4) If the department sells or contracts for the operation of any state-owned heating, cooling, and power plant under sub. (1), the department may attach such conditions to the sale or contract as it finds to be in the best interest of the state. Any such contract shall provide that, unless otherwise expressly agreed between the parties, the purchaser or contractor will continue to operate the plant and keep it in good repair, and will continue to provide adequate and sufficient heating, cooling, and power to meet the state's current and future needs. Any such contract shall also require the purchaser or contractor to submit to the jurisdiction of the public service commission under ch. 196 if the commission determines to regulate the purchaser or contractor as a public utility under s. 196.025 (7).

AB11,25,9 (5) (a) In this subsection, "state agency" has the meaning given under s. 20.001 (1).

AB11,25,20 (b) Notwithstanding s. 16.50 (1), the secretary shall require submission of expenditure estimates under s. 16.50 (2) for each state agency that proposes to expend moneys from any appropriation for the operation of a state-owned heating, cooling, and power plant during any fiscal biennium in which the plant is sold or in which the department contracts for operation of the plant. Notwithstanding s. 16.50 (2), the secretary shall disapprove any such estimate for any period during which that plant is owned or operated by a private entity. The secretary may then require the use of the amounts of any disapproved expenditure estimates for the purpose of purchase of contractual services relating to heating, cooling, or power for state facilities or payment of the costs of purchasing heating, cooling, or power for the state agencies or facilities for which the amounts were appropriated.