CMH/RAC/TJD:emw
2017 - 2018 LEGISLATURE
February 26, 2018 - Introduced by Representatives C. Taylor, Sinicki, Hebl,
Subeck, Berceau, Zamarripa, Crowley, Ohnstad, Hesselbein, Billings,
Spreitzer, Pope, Wachs, Barca, Shankland, Anderson, Sargent, Brostoff
and Riemer, cosponsored by Senators Risser,
Ringhand and Vinehout.
Referred to Committee on Labor.
AB977,3,13
1An Act to repeal 40.51 (7) (b), 59.875 (2) (b), 62.623 (2), 66.0506, 66.0508,
266.0509 (1m), 73.03 (68), 111.70 (1) (cm), 111.70 (1) (fm), 111.70 (3) (a) 7m.,
3111.70 (3) (b) 6m., 111.70 (3g), 111.70 (4) (cg), 111.70 (4) (d) 3. b., 111.70 (4) (mb),
4111.70 (4) (mbb), 111.71 (4m), 111.71 (5m), 111.81 (3n), 111.81 (9g), 111.825 (1)
5(g), 111.825 (6) (b), 111.83 (3) (b), 111.845, 111.91 (3), 111.91 (3q), 111.92 (3) (b),
6111.93 (3) (b), 118.223, 118.245 and 120.12 (4m);
to renumber 111.70 (7m) (a),
7111.825 (6) (a) and 111.83 (3) (a);
to renumber and amend 40.51 (7) (a), 59.875
8(2) (a), 62.623 (1), 111.02 (7) (a), 111.115 (1), 111.17, 111.70 (4) (c) 1., 111.70 (4)
9(cm) 1., 111.815 (1) and 111.92 (3) (a);
to consolidate, renumber and amend
10111.70 (4) (d) 3. a. and c. and 111.93 (3) (intro.) and (a);
to amend 7.33 (1) (c),
117.33 (4), 13.111 (2), 13.172 (1), 13.48 (13) (a), 13.62 (2), 13.94 (4) (a) 1., 13.95
12(intro.), 16.002 (2), 16.004 (4), 16.004 (5), 16.004 (12) (a), 16.045 (1) (a), 16.15
13(1) (ab), 16.41 (4), 16.417 (1) (b), 16.50 (3) (e), 16.52 (7), 16.528 (1) (a), 16.53 (2),
1416.54 (9) (a) 1., 16.70 (2), 16.765 (1), 16.765 (2), 16.765 (4), 16.765 (5), 16.765 (6),
116.765 (7) (intro.), 16.765 (7) (d), 16.765 (8), 16.85 (2), 16.865 (8), 19.82 (1), 19.85
2(3), 19.86, 20.425 (1) (a), 20.425 (1) (i), 20.505 (1) (ks), 20.505 (1) (kz), 20.917 (3)
3(b), 20.921 (1) (a) 2., 20.923 (6) (intro.), 36.09 (1) (j), 40.02 (25) (b) 8., 40.05 (4)
4(ag) (intro.), 40.05 (4) (b), 40.05 (4) (bw), 40.05 (4g) (a) 4., 40.05 (5) (intro.), 40.05
5(5) (b) 4., 40.05 (6) (a), 40.62 (2), 40.80 (3), 40.81 (3), 40.95 (1) (a) 2., 46.2895 (8)
6(a) 1., 71.26 (1) (be), 77.54 (9a) (a), 100.45 (1) (dm), 109.03 (1) (b), 111.02 (2),
7111.02 (3), 111.02 (7) (b) 1., 111.05 (2), 111.06 (1) (d), 111.06 (2) (i), 111.115 (title),
8111.70 (1) (a), 111.70 (1) (f), 111.70 (1) (j), 111.70 (1) (n), 111.70 (2), 111.70 (3) (a)
93., 111.70 (3) (a) 5., 111.70 (3) (a) 6., 111.70 (3) (a) 9., 111.70 (4) (c) (title), 111.70
10(4) (c) 2., 111.70 (4) (c) 3. (intro.), 111.70 (4) (cm) (title), 111.70 (4) (cm) 2., 3. and
114., 111.70 (4) (cm) 8m., 111.70 (4) (d) 1., 111.70 (4) (d) 2. a., 111.70 (4) (L), 111.70
12(4) (mc) (intro.) and 5., 111.70 (4) (mc) 6., 111.70 (4) (p), 111.70 (7m) (c) 1. a.,
13111.70 (8) (a), 111.71 (2), 111.77 (intro.), 111.77 (8) (a), 111.77 (9), 111.81 (1),
14111.81 (9), 111.81 (12) (intro.), 111.81 (12m), 111.81 (16), 111.815 (2), 111.82,
15111.825 (3), 111.825 (4), 111.825 (5), 111.83 (1), 111.83 (4), 111.83 (5) (d), (e) and
16(f), 111.84 (1) (b), 111.84 (1) (d), 111.84 (1) (f), 111.84 (2) (c), 111.84 (3), 111.85 (1),
17(2) and (4), 111.91 (1) (a), 111.91 (1) (b), 111.91 (1) (c), 111.91 (1) (cm), 111.91 (1)
18(d), 111.91 (2) (intro.), 111.91 (2) (fm), 111.91 (2) (gu), 111.92 (1) (a) 1., 118.42 (3)
19(a) 4., 118.42 (5), 119.04 (1), 120.12 (15), 120.18 (1) (gm), 230.01 (3), 230.03 (3),
20230.046 (10) (a), 230.10 (1), 230.12 (3) (e) 1., 230.34 (1) (ar), 230.35 (1s), 230.35
21(2d) (e), 230.35 (3) (e) 6., 230.88 (2) (b), 233.02 (8), 233.03 (7), 233.10 (2) (intro.),
22281.75 (4) (b) 3., 285.59 (1) (b), 704.31 (3), 851.71 (4), 904.085 (2) (a) and 978.12
23(1) (c);
to repeal and recreate 40.05 (1) (b); and
to create 16.705 (3), 19.42 (10)
24(s), 19.42 (13) (o), 46.284 (4) (m), 46.2898, 46.48 (9m), 49.825 (3) (b) 4., 49.826
25(3) (b) 4., chapter 52, 70.11 (41s), 111.02 (6) (am), 111.02 (7) (a) 2., 3. and 4.,
1111.05 (5), 111.05 (6), 111.05 (7), 111.06 (1) (m), 111.115 (1) (a), 111.115 (2), 111.17
2(2), 111.70 (1g), 111.70 (3) (a) 7., 111.70 (3) (b) 6., 111.70 (3m), 111.70 (3p), 111.70
3(4) (c) 1g., 111.70 (4) (cm) 1g., 111.70 (4) (cm) 5., 111.70 (4) (cm) 6., 111.70 (4) (cm)
47., 111.70 (4) (cm) 7g., 111.70 (4) (cm) 7r., 111.70 (4) (cm) 8., 111.70 (4) (m), 111.70
5(4) (mc) 3., 111.70 (4) (n), 111.70 (7), 111.70 (7m) (ag), 111.70 (7m) (b), 111.70 (7m)
6(c) 3., 111.70 (7m) (e), 111.71 (4), 111.71 (5), 111.80, 111.81 (3h), 111.81 (7) (g),
7111.81 (9k), 111.815 (1) (b) 5., 111.825 (2g), 111.83 (5m), 111.905, 111.91 (1) (cg),
8111.91 (1) (e), 111.91 (2) (fp), 111.91 (2c), 111.92 (2m), subchapter VI of chapter
9111 [precedes 111.95], 118.22 (4), 118.23 (5) and 233.02 (1) (h) of the statutes;
10relating to: collective bargaining for public employees, prohibiting employees
11other than public safety employees from bargaining collectively on insurance
12contributions and employee required contributions to retirement, granting
13rule-making authority, and making appropriations.
Analysis by the Legislative Reference Bureau
Under this bill, all municipal employees may collectively bargain over wages,
hours, and conditions of employment under the Municipal Employment Relations
Act and all state employees may collectively bargain over wages, hours, and
conditions of employment under the State Employment Labor Relations Act. This
bill also permits University of Wisconsin System employees to collectively bargain
over wages, hours, and conditions of employment similar to employees covered by
SELRA. In addition, this bill permits employees of the UW Hospitals and Clinics
Authority and certain home care and child care providers to collectively bargain over
wages, hours, and conditions of employment.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB977,1
14Section
1. 7.33 (1) (c) of the statutes is amended to read:
AB977,4,3
17.33
(1) (c) “State agency" has the meaning given under s. 20.001 (1) and
2includes an authority created under subch. II of ch. 114 or ch.
52, 231, 232, 233, 234,
3or 237.
AB977,2
4Section
2. 7.33 (4) of the statutes is amended to read:
AB977,4,145
7.33
(4) Except as otherwise provided in this subsection, each local
6governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon
7proper application under sub. (3), permit each of its employees to serve as an election
8official under s. 7.30 without loss of fringe benefits or seniority privileges earned for
9scheduled working hours during the period specified in sub. (3), without loss of pay
10for scheduled working hours during the period specified in sub. (3) except as provided
11in sub. (5), and without any other penalty. For employees who are included in a
12collective bargaining unit for which a representative is recognized or certified under
13subch. V
or VI of ch. 111, this subsection shall apply unless otherwise provided in a
14collective bargaining agreement.
AB977,3
15Section 3
. 13.111 (2) of the statutes is amended to read:
AB977,4,1816
13.111
(2) Duties. The joint committee on employment relations shall perform
17the functions assigned to it under
subch. subchs. V
and VI of ch. 111, subch. II of ch.
18230
, and ss. 16.53 (1) (d) 1., 20.916, 20.917,
and 20.923
, and 40.05 (1) (b).
AB977,4
19Section 4
. 13.172 (1) of the statutes is amended to read:
AB977,4,2520
13.172
(1) In this section, “agency" means an office, department, agency,
21institution of higher education, association, society, or other body in state
22government created or authorized to be created by the constitution or any law, that
23is entitled to expend moneys appropriated by law, including the legislature and the
24courts, and any authority created in subch. II of ch. 114 or in ch.
52, 231, 233, 234,
25238, or 279.
AB977,5
1Section
5. 13.48 (13) (a) of the statutes is amended to read:
AB977,5,142
13.48
(13) (a) Except as provided in par. (b) or (c), every building, structure
, or
3facility that is constructed for the benefit of or use of the state, any state agency,
4board, commission
, or department, the University of Wisconsin Hospitals and
5Clinics Authority, the Fox River Navigational System Authority,
the Wisconsin
6Quality Home Care Authority, the Wisconsin Economic Development Corporation,
7or any local professional baseball park district created under subch. III of ch. 229 if
8the construction is undertaken by the department of administration on behalf of the
9district, shall be in compliance with all applicable state laws, rules, codes
, and
10regulations but the construction is not subject to the ordinances or regulations of the
11municipality in which the construction takes place except zoning, including without
12limitation because of enumeration ordinances or regulations relating to materials
13used, permits, supervision of construction or installation, payment of permit fees, or
14other restrictions.
AB977,6
15Section 6
. 13.62 (2) of the statutes is amended to read:
AB977,5,1916
13.62
(2) “Agency" means any board, commission, department, office, society,
17institution of higher education, council, or committee in the state government, or any
18authority created in subch. II of ch. 114 or in ch.
52, 231, 232, 233, 234, 237, 238, or
19279, except that the term does not include a council or committee of the legislature.
AB977,7
20Section 7
. 13.94 (4) (a) 1. of the statutes is amended to read:
AB977,6,1221
13.94
(4) (a) 1. Every state department, board, examining board, affiliated
22credentialing board, commission, independent agency, council
, or office in the
23executive branch of state government; all bodies created by the legislature in the
24legislative or judicial branch of state government; any public body corporate and
25politic created by the legislature including specifically
the Wisconsin Quality Home
1Care Authority, the Fox River Navigational System Authority, the Lower Fox River
2Remediation Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic
3Development Corporation, a professional baseball park district, a local professional
4football stadium district, a local cultural arts district
, and a long-term care district
5under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every
6provider of medical assistance under subch. IV of ch. 49; technical college district
7boards; every county department under s. 51.42 or 51.437; every nonprofit
8corporation or cooperative or unincorporated cooperative association to which
9moneys are specifically appropriated by state law; and every corporation, institution,
10association
, or other organization which receives more than 50 percent of its annual
11budget from appropriations made by state law, including subgrantee or
12subcontractor recipients of such funds.
AB977,8
13Section 8
. 13.95 (intro.) of the statutes is amended to read:
AB977,7,2
1413.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
15known as the “Legislative Fiscal Bureau" headed by a director. The fiscal bureau
16shall be strictly nonpartisan and shall at all times observe the confidential nature
17of the research requests received by it; however, with the prior approval of the
18requester in each instance, the bureau may duplicate the results of its research for
19distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
20designated employees shall at all times, with or without notice, have access to all
21state agencies, the University of Wisconsin Hospitals and Clinics Authority, the
22Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
23Wisconsin Quality Home Care Authority, the Wisconsin Economic Development
24Corporation, and the Fox River Navigational System Authority, and to any books,
1records, or other documents maintained by such agencies or authorities and relating
2to their expenditures, revenues, operations, and structure.
AB977,9
3Section 9
. 16.002 (2) of the statutes is amended to read:
AB977,7,84
16.002
(2) “Departments" means constitutional offices, departments, and
5independent agencies and includes all societies, associations, and other agencies of
6state government for which appropriations are made by law, but not including
7authorities created in subch. II of ch. 114 or in ch.
52, 231, 232, 233, 234, 237, 238,
8or 279.
AB977,10
9Section 10
. 16.004 (4) of the statutes is amended to read:
AB977,7,1510
16.004
(4) Freedom of access. The secretary and such employees of the
11department as the secretary designates may enter into the offices of state agencies
12and authorities created under subch. II of ch. 114 and under chs.
52, 231, 233, 234,
13237, 238, and 279, and may examine their books and accounts and any other matter
14that in the secretary's judgment should be examined and may interrogate the
15agency's employees publicly or privately relative thereto.
AB977,11
16Section 11
. 16.004 (5) of the statutes is amended to read:
AB977,7,2017
16.004
(5) Agencies and employees to cooperate. All state agencies and
18authorities created under subch. II of ch. 114 and under chs.
52, 231, 233, 234, 237,
19238, and 279, and their officers and employees, shall cooperate with the secretary
20and shall comply with every request of the secretary relating to his or her functions.
AB977,12
21Section 12
. 16.004 (12) (a) of the statutes is amended to read:
AB977,8,422
16.004
(12) (a) In this subsection, “state agency" means an association,
23authority, board, department, commission, independent agency, institution, office,
24society, or other body in state government created or authorized to be created by the
25constitution or any law, including the legislature, the office of the governor, and the
1courts, but excluding the University of Wisconsin Hospitals and Clinics Authority,
2the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
3Wisconsin Quality Home Care Authority, the Wisconsin Economic Development
4Corporation, and the Fox River Navigational System Authority.
AB977,13
5Section 13
. 16.045 (1) (a) of the statutes is amended to read:
AB977,8,116
16.045
(1) (a) “Agency" means an office, department, independent agency,
7institution of higher education, association, society, or other body in state
8government created or authorized to be created by the constitution or any law, that
9is entitled to expend moneys appropriated by law, including the legislature and the
10courts, but not including an authority created in subch. II of ch. 114 or in ch.
52, 231,
11232, 233, 234, 237, 238, or 279.
AB977,14
12Section 14
. 16.15 (1) (ab) of the statutes is amended to read:
AB977,8,1613
16.15
(1) (ab) “Authority" has the meaning given under s. 16.70 (2), but
14excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
15River Remediation Authority,
the Wisconsin Quality Home Care Authority, and the
16Wisconsin Economic Development Corporation.
AB977,15
17Section 15
. 16.41 (4) of the statutes is amended to read:
AB977,8,1918
16.41
(4) In this section, “authority" means a body created under subch. II of
19ch. 114 or under ch.
52, 231, 233, 234, 237, 238, or 279.
AB977,16
20Section 16
. 16.417 (1) (b) of the statutes is amended to read:
AB977,8,2221
16.417
(1) (b) “Authority" means a body created under subch. II of ch. 114 or
22ch.
52, 231, 232, 233, 234, 237, 238, or 279.
AB977,17
23Section 17
. 16.50 (3) (e) of the statutes is amended to read:
AB977,9,3
116.50
(3) (e) No pay increase may be approved unless it is at the rate or within
2the pay ranges prescribed in the compensation plan or as provided in a collective
3bargaining agreement under subch. V
or VI of ch. 111.
AB977,18
4Section 18
. 16.52 (7) of the statutes is amended to read:
AB977,9,145
16.52
(7) Petty cash account. With the approval of the secretary, each agency
6that is authorized to maintain a contingent fund under s. 20.920 may establish a
7petty cash account from its contingent fund. The procedure for operation and
8maintenance of petty cash accounts and the character of expenditures therefrom
9shall be prescribed by the secretary. In this subsection, “agency" means an office,
10department, independent agency, institution of higher education, association,
11society, or other body in state government created or authorized to be created by the
12constitution or any law, that is entitled to expend moneys appropriated by law,
13including the legislature and the courts, but not including an authority created in
14subch. II of ch. 114 or in ch.
52, 231, 233, 234, 237, 238, or 279.
AB977,19
15Section 19
. 16.528 (1) (a) of the statutes is amended to read:
AB977,9,2116
16.528
(1) (a) “Agency" means an office, department, independent agency,
17institution of higher education, association, society, or other body in state
18government created or authorized to be created by the constitution or any law, that
19is entitled to expend moneys appropriated by law, including the legislature and the
20courts, but not including an authority created in subch. II of ch. 114 or in ch.
52, 231,
21233, 234, 237, 238, or 279.
AB977,20
22Section 20
. 16.53 (2) of the statutes is amended to read:
AB977,9,2523
16.53
(2) Improper invoices. If an agency receives an improperly completed
24invoice, the agency shall notify the sender of the invoice within 10 working days after
25it receives the invoice of the reason it is improperly completed. In this subsection,
1“agency" means an office, department, independent agency, institution of higher
2education, association, society, or other body in state government created or
3authorized to be created by the constitution or any law, that is entitled to expend
4moneys appropriated by law, including the legislature and the courts, but not
5including an authority created in subch. II of ch. 114 or in ch.
52, 231, 233, 234, 237,
6238, or 279.
AB977,21
7Section 21
. 16.54 (9) (a) 1. of the statutes is amended to read:
AB977,10,138
16.54
(9) (a) 1. “Agency" means an office, department, independent agency,
9institution of higher education, association, society
, or other body in state
10government created or authorized to be created by the constitution or any law, which
11is entitled to expend moneys appropriated by law, including the legislature and the
12courts, but not including an authority created in subch. II of ch. 114 or in ch.
52, 231,
13233, 234, 237, 238, or 279.
AB977,22
14Section 22
. 16.70 (2) of the statutes is amended to read:
AB977,10,1615
16.70
(2) “Authority" means a body created under subch. II of ch. 114 or under
16ch.
52, 231, 232, 233, 234, 237, or 279.
AB977,23
17Section
23. 16.705 (3) of the statutes is created to read:
AB977,10,2118
16.705
(3) The division of personnel management, prior to award, under
19conditions established by rule of the department, shall review contracts for
20contractual services in order to ensure that all agencies, except the University of
21Wisconsin System, do all of the following:
AB977,10,2222
(a) Properly utilize the services of state employees.
AB977,10,2423
(b) Evaluate the feasibility of using limited term appointments prior to
24entering into a contract for contractual services.
AB977,11,2
1(c) Do not enter into any contract for contractual services in conflict with any
2collective bargaining agreement under subch. V or VI of ch. 111.
AB977,24
3Section 24
. 16.765 (1) of the statutes is amended to read:
AB977,11,144
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
5Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
6Aerospace Authority, the Lower Fox River Remediation Authority,
the Wisconsin
7Quality Home Care Authority, the Wisconsin Economic Development Corporation,
8and the Bradley Center Sports and Entertainment Corporation shall include in all
9contracts executed by them a provision obligating the contractor not to discriminate
10against any employee or applicant for employment because of age, race, religion,
11color, handicap, sex, physical condition, developmental disability as defined in s.
1251.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin and,
13except with respect to sexual orientation, obligating the contractor to take
14affirmative action to ensure equal employment opportunities.
AB977,25
15Section 25
. 16.765 (2) of the statutes is amended to read:
AB977,12,816
16.765
(2) Contracting agencies, the University of Wisconsin Hospitals and
17Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
18Aerospace Authority, the Lower Fox River Remediation Authority,
the Wisconsin
19Quality Home Care Authority, the Wisconsin Economic Development Corporation,
20and the Bradley Center Sports and Entertainment Corporation shall include the
21following provision in every contract executed by them: “In connection with the
22performance of work under this contract, the contractor agrees not to discriminate
23against any employee or applicant for employment because of age, race, religion,
24color, handicap, sex, physical condition, developmental disability as defined in s.
2551.01 (5), sexual orientation or national origin. This provision shall include, but not
1be limited to, the following: employment, upgrading, demotion or transfer;
2recruitment or recruitment advertising; layoff or termination; rates of pay or other
3forms of compensation; and selection for training, including apprenticeship. Except
4with respect to sexual orientation, the contractor further agrees to take affirmative
5action to ensure equal employment opportunities. The contractor agrees to post in
6conspicuous places, available for employees and applicants for employment, notices
7to be provided by the contracting officer setting forth the provisions of the
8nondiscrimination clause
".."
AB977,26
9Section 26
. 16.765 (4) of the statutes is amended to read:
AB977,12,1510
16.765
(4) Contracting agencies, the University of Wisconsin Hospitals and
11Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
12Aerospace Authority, the Lower Fox River Remediation Authority,
the Wisconsin
13Quality Home Care Authority, and the Bradley Center Sports and Entertainment
14Corporation shall take appropriate action to revise the standard government
15contract forms under this section.
AB977,27
16Section 27
. 16.765 (5) of the statutes is amended to read:
AB977,13,817
16.765
(5) The head of each contracting agency and the boards of directors of
18the University of Wisconsin Hospitals and Clinics Authority, the Fox River
19Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
20River Remediation Authority,
the Wisconsin Quality Home Care Authority, the
21Wisconsin Economic Development Corporation, and the Bradley Center Sports and
22Entertainment Corporation shall be primarily responsible for obtaining compliance
23by any contractor with the nondiscrimination and affirmative action provisions
24prescribed by this section, according to procedures recommended by the department.
25The department shall make recommendations to the contracting agencies and the
1boards of directors of the University of Wisconsin Hospitals and Clinics Authority,
2the Fox River Navigational System Authority, the Wisconsin Aerospace Authority,
3the Lower Fox River Remediation Authority,
the Wisconsin Quality Home Care
4Authority, the Wisconsin Economic Development Corporation, and the Bradley
5Center Sports and Entertainment Corporation for improving and making more
6effective the nondiscrimination and affirmative action provisions of contracts. The
7department shall promulgate such rules as may be necessary for the performance of
8its functions under this section.
AB977,28
9Section 28
. 16.765 (6) of the statutes is amended to read:
AB977,13,1810
16.765
(6) The department may receive complaints of alleged violations of the
11nondiscrimination provisions of such contracts. The department shall investigate
12and determine whether a violation of this section has occurred. The department may
13delegate this authority to the contracting agency, the University of Wisconsin
14Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
15Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
16Wisconsin Quality Home Care Authority, the Wisconsin Economic Development
17Corporation, or the Bradley Center Sports and Entertainment Corporation for
18processing in accordance with the department's procedures.
AB977,29
19Section 29
. 16.765 (7) (intro.) of the statutes is amended to read:
AB977,14,520
16.765
(7) (intro.) When a violation of this section has been determined by the
21department, the contracting agency, the University of Wisconsin Hospitals and
22Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
23Aerospace Authority, the Lower Fox River Remediation Authority,
the Wisconsin
24Quality Home Care Authority, the Wisconsin Economic Development Corporation,
25or the Bradley Center Sports and Entertainment Corporation, the contracting
1agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
2Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
3River Remediation Authority,
the Wisconsin Quality Home Care Authority, the
4Wisconsin Economic Development Corporation, or the Bradley Center Sports and
5Entertainment Corporation shall:
AB977,30
6Section 30
. 16.765 (7) (d) of the statutes is amended to read:
AB977,14,137
16.765
(7) (d) Direct the violating party to take immediate steps to prevent
8further violations of this section and to report its corrective action to the contracting
9agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
10Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
11River Remediation Authority,
the Wisconsin Quality Home Care Authority, the
12Wisconsin Economic Development Corporation, or the Bradley Center Sports and
13Entertainment Corporation.
AB977,31
14Section 31
. 16.765 (8) of the statutes is amended to read:
AB977,15,715
16.765
(8) If further violations of this section are committed during the term
16of the contract, the contracting agency, the Fox River Navigational System Authority,
17the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
18Wisconsin Quality Home Care Authority, the Wisconsin Economic Development
19Corporation, or the Bradley Center Sports and Entertainment Corporation may
20permit the violating party to complete the contract, after complying with this section,
21but thereafter the contracting agency, the Fox River Navigational System Authority,
22the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
23Wisconsin Quality Home Care Authority, the Wisconsin Economic Development
24Corporation, or the Bradley Center Sports and Entertainment Corporation shall
25request the department to place the name of the party on the ineligible list for state
1contracts, or the contracting agency, the Fox River Navigational System Authority,
2the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
3Wisconsin Quality Home Care Authority, the Wisconsin Economic Development
4Corporation, or the Bradley Center Sports and Entertainment Corporation may
5terminate the contract without liability for the uncompleted portion or any materials
6or services purchased or paid for by the contracting party for use in completing the
7contract.
AB977,32
8Section 32
. 16.85 (2) of the statutes is amended to read:
AB977,15,189
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 in ch.
52, 231, 233, 234, 237, 238, or 279.
AB977,33
19Section 33
. 16.865 (8) of the statutes is amended to read:
AB977,16,920
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 in ch.
52, 231, 232, 233, 234,
9237, 238, or 279.
AB977,34
10Section 34
. 19.42 (10) (s) of the statutes is created to read: