February 14, 2014 - Introduced by Representatives C. Taylor, Hesselbein, Sinicki,
Barca, Barnes, Berceau, Bernard Schaber, Genrich, Hebl, Hulsey,
Johnson, Jorgensen, Kahl, Kessler, Mason, Ohnstad, Pasch, Pope,
Richards, Riemer, Ringhand, Sargent, Shankland, Wachs, Wright, Young
and Doyle, cosponsored by Senators Risser, Erpenbach, Carpenter, Hansen,
Harris, Jauch, C. Larson, Lassa, Lehman, Miller, L. Taylor, Vinehout and
Wirch. Referred to Committee on Labor.
AB766,3,15 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), 20.545 (1) (k), 20.545 (1) (km), 20.917 (3)
3(b), 20.921 (1) (a) 2., 20.921 (1) (b), 20.923 (6) (intro.), 36.09 (1) (j), 40.02 (25) (b)
48., 40.05 (4) (ag) (intro.), 40.05 (4) (b), 40.05 (4) (bw), 40.05 (4g) (a) 4., 40.05 (5)
5(intro.), 40.05 (5) (b) 4., 40.05 (6) (a), 40.62 (2), 40.80 (3), 40.81 (3), 40.95 (1) (a)
62., 46.2895 (8) (a) 1., 71.26 (1) (be), 77.54 (9a) (a), 100.45 (1) (dm), 109.03 (1) (b),
7111.02 (1), 111.02 (2), 111.02 (3), 111.02 (7) (b) 1., 111.05 (2), 111.06 (1) (c) 1.,
8111.06 (1) (d), 111.06 (1) (i), 111.06 (2) (i), 111.115 (title), 111.70 (1) (a), 111.70
9(1) (f), 111.70 (1) (j), 111.70 (1) (n), 111.70 (2), 111.70 (3) (a) 3., 111.70 (3) (a) 5.,
10111.70 (3) (a) 6., 111.70 (3) (a) 9., 111.70 (4) (c) (title), 111.70 (4) (c) 2., 111.70 (4)
11(c) 3. (intro.), 111.70 (4) (cm) (title), 111.70 (4) (cm) 2., 3. and 4., 111.70 (4) (cm)
128m., 111.70 (4) (d) 2. a., 111.70 (4) (L), 111.70 (4) (mc) (intro.) and 5., 111.70 (4)
13(mc) 6., 111.70 (4) (p), 111.70 (7m) (c) 1. a., 111.70 (8) (a), 111.71 (2), 111.77
14(intro.), 111.77 (8) (a), 111.77 (9), 111.81 (1), 111.81 (9), 111.81 (12) (intro.),
15111.81 (12m), 111.81 (16), 111.815 (2), 111.82, 111.825 (3), 111.825 (4), 111.825
16(5), 111.83 (1), 111.83 (4), 111.84 (1) (b), 111.84 (1) (d), 111.84 (1) (f), 111.84 (2)
17(c), 111.84 (3), 111.85 (1), (2) and (4), 111.91 (1) (a), 111.91 (1) (b), 111.91 (1) (c),
18111.91 (1) (cm), 111.91 (1) (d), 111.91 (2) (intro.), 111.91 (2) (fm), 111.91 (2) (gu),
19111.92 (1) (a) 1., 118.40 (2r) (b) 3. a., 118.42 (3) (a) 4., 118.42 (5), 119.04 (1),
20120.12 (15), 120.18 (1) (gm), 230.01 (3), 230.03 (3), 230.046 (10) (a), 230.10 (1),
21230.12 (3) (e) 1., 230.34 (1) (ar), 230.35 (1s), 230.35 (2d) (e), 230.35 (3) (e) 6.,
22230.88 (2) (b), 233.02 (8), 233.03 (7), 233.10 (2) (intro.), 281.75 (4) (b) 3., 285.59
23(1) (b), 704.31 (3), 851.71 (4), 904.085 (2) (a) and 978.12 (1) (c); to repeal and
24recreate
40.05 (1) (b); and to create 16.705 (3), 19.42 (10) (s), 19.42 (13) (o),
2546.284 (4) (m), 46.2898, 46.48 (9m), 49.825 (3) (b) 4., 49.826 (3) (b) 4., chapter

152, 70.11 (41s), 111.02 (6) (am), 111.02 (7) (a) 2., 3. and 4., 111.02 (7m), (9m) and
2(10m), 111.05 (5), 111.05 (6), 111.05 (7), 111.06 (1) (m), 111.075, 111.115 (1) (a),
3111.115 (2), 111.17 (2), 111.70 (1g), 111.70 (3) (a) 7., 111.70 (3) (b) 6., 111.70 (3m),
4111.70 (3p), 111.70 (4) (c) 1g., 111.70 (4) (cm) 1g., 111.70 (4) (cm) 5., 111.70 (4)
5(cm) 6., 111.70 (4) (cm) 7., 111.70 (4) (cm) 7g., 111.70 (4) (cm) 7r., 111.70 (4) (cm)
68., 111.70 (4) (m), 111.70 (4) (mc) 3., 111.70 (4) (n), 111.70 (7), 111.70 (7m) (ag),
7111.70 (7m) (b), 111.70 (7m) (c) 3., 111.70 (7m) (e), 111.71 (4), 111.71 (5), 111.80,
8111.81 (3h), 111.81 (7) (g), 111.81 (9k), 111.815 (1) (b) 5., 111.825 (2g), 111.83
9(5m), 111.905, 111.91 (1) (cg), 111.91 (1) (e), 111.91 (2) (fp), 111.91 (2c), 111.92
10(2m), subchapter VI of chapter 111 [precedes 111.95], 118.22 (4), 118.23 (5) and
11233.02 (1) (h) of the statutes; relating to: collective bargaining for public
12employees, prohibiting employees other than public safety employees from
13bargaining collectively on insurance contributions and employee required
14contributions to retirement, granting rule-making authority, and making
15appropriations.
Analysis by the Legislative Reference Bureau
Under current law, certain protective occupation participants under the
Wisconsin Retirement System (public safety employees) and certain municipal
transit employees may collectively bargain over wages, hours, and conditions of
employment except that public safety employees who are municipal employees are
prohibited from bargaining over costs, payments, and the design and selection of
health care coverage plans and public safety employees who are state or municipal
employees are prohibited from bargaining over the requirement that the employer
may not pay any employee required contributions under the Wisconsin Retirement
System or under an employee retirement system of a first class city or a county
having a population of 500,000 or more (employee required contribution to a
retirement system). State government and municipal government employees who
are not public safety employees or municipal transit employees (general employees)
may collectively bargain only over a percentage increase in base wages that does not
exceed the percentage change in the consumer price index. Current law also
prohibits municipal employers from collectively bargaining with municipal general

employees in matters that are not permitted under the Municipal Employment
Relations Act (MERA).
Under this bill, all municipal employees may collectively bargain over wages,
hours, and conditions of employment under MERA and all state employees may
collectively bargain over wages, hours, and conditions of employment under the
State Employment Labor Relations Act (SELRA). This bill does not change any
exceptions listed above for public safety employees, but does provide that general
employees are prohibited from bargaining over costs, payments, and the design and
selection of health care coverage plans and over the requirement that the employer
may not pay any employee required contributions to a retirement system. This bill
permits University of Wisconsin (UW) System employees to collectively bargain over
wages, hours, and conditions of employment subject to the same prohibited subjects
created in this bill for state employees. 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.
Currently, the term for a collective bargaining agreement covering a general
employee may not exceed one year and may not be extended. This bill generally
limits the term to two years and eliminates the prohibition on agreement extensions.
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:
AB766,1 1Section 1. 7.33 (1) (c) of the statutes is amended to read:
AB766,4,42 7.33 (1) (c) "State agency" has the meaning given under s. 20.001 (1) and
3includes an authority created under subch. II of ch. 114 or ch. 52, 231, 232, 233, 234,
4or 237.
AB766,2 5Section 2. 7.33 (4) of the statutes is amended to read:
AB766,5,46 7.33 (4) Except as otherwise provided in this subsection, each local
7governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon
8proper application under sub. (3), permit each of its employees to serve as an election
9official under s. 7.30 without loss of fringe benefits or seniority privileges earned for
10scheduled working hours during the period specified in sub. (3), without loss of pay
11for scheduled working hours during the period specified in sub. (3) except as provided

1in sub. (5), and without any other penalty. For employees who are included in a
2collective bargaining unit for which a representative is recognized or certified under
3subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a
4collective bargaining agreement.
AB766,3 5Section 3. 13.111 (2) of the statutes is amended to read:
AB766,5,86 13.111 (2) Duties. The joint committee on employment relations shall perform
7the functions assigned to it under subch. subchs. V and VI of ch. 111, subch. II of ch.
8230, and ss. 16.53 (1) (d) 1., 20.916, 20.917, and 20.923, and 40.05 (1) (b).
AB766,4 9Section 4. 13.172 (1) of the statutes is amended to read:
AB766,5,1510 13.172 (1) In this section, "agency" means an office, department, agency,
11institution of higher education, association, society, or other body in state
12government created or authorized to be created by the constitution or any law, that
13is entitled to expend moneys appropriated by law, including the legislature and the
14courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in
15ch. 52, 231, 233, 234, 238, or 279.
AB766,5 16Section 5. 13.48 (13) (a) of the statutes is amended to read:
AB766,6,417 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure, or
18facility that is constructed for the benefit of or use of the state, any state agency,
19board, commission, or department, the University of Wisconsin Hospitals and
20Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
21Quality Home Care Authority,
the Wisconsin Economic Development Corporation,
22or any local professional baseball park district created under subch. III of ch. 229 if
23the construction is undertaken by the department of administration on behalf of the
24district, shall be in compliance with all applicable state laws, rules, codes, and
25regulations but the construction is not subject to the ordinances or regulations of the

1municipality in which the construction takes place except zoning, including without
2limitation because of enumeration ordinances or regulations relating to materials
3used, permits, supervision of construction or installation, payment of permit fees, or
4other restrictions.
AB766,6 5Section 6. 13.62 (2) of the statutes, as affected by 2013 Wisconsin Act 20, is
6amended to read:
AB766,6,107 13.62 (2) "Agency" means any board, commission, department, office, society,
8institution of higher education, council, or committee in the state government, or any
9authority created in subch. II of ch. 114 or in ch. 52, 231, 232, 233, 234, 237, 238, or
10279, except that the term does not include a council or committee of the legislature.
AB766,7 11Section 7. 13.94 (4) (a) 1. of the statutes is amended to read:
AB766,7,312 13.94 (4) (a) 1. Every state department, board, examining board, affiliated
13credentialing board, commission, independent agency, council, or office in the
14executive branch of state government; all bodies created by the legislature in the
15legislative or judicial branch of state government; any public body corporate and
16politic created by the legislature including specifically the Wisconsin Quality Home
17Care Authority,
the Fox River Navigational System Authority, the Lower Fox River
18Remediation Authority, the Wisconsin Aerospace Authority, and the Wisconsin
19Economic Development Corporation, a professional baseball park district, a local
20professional football stadium district, a local cultural arts district , and a long-term
21care district under s. 46.2895; every Wisconsin works agency under subch. III of ch.
2249; every provider of medical assistance under subch. IV of ch. 49; technical college
23district boards; every county department under s. 51.42 or 51.437; every nonprofit
24corporation or cooperative or unincorporated cooperative association to which
25moneys are specifically appropriated by state law; and every corporation, institution,

1association, or other organization which receives more than 50% 50 percent of its
2annual budget from appropriations made by state law, including subgrantee or
3subcontractor recipients of such funds.
AB766,8 4Section 8. 13.95 (intro.) of the statutes, as affected by 2013 Wisconsin Act 20,
5is amended to read:
AB766,7,18 613.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
7known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau
8shall be strictly nonpartisan and shall at all times observe the confidential nature
9of the research requests received by it; however, with the prior approval of the
10requester in each instance, the bureau may duplicate the results of its research for
11distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
12designated employees shall at all times, with or without notice, have access to all
13state agencies, the University of Wisconsin Hospitals and Clinics Authority, the
14Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the
15Wisconsin Quality Home Care Authority,
the Wisconsin Economic Development
16Corporation, and the Fox River Navigational System Authority, and to any books,
17records, or other documents maintained by such agencies or authorities and relating
18to their expenditures, revenues, operations, and structure.
AB766,9 19Section 9. 16.002 (2) of the statutes, as affected by 2013 Wisconsin Act 20, is
20amended to read:
AB766,7,2521 16.002 (2) "Departments" means constitutional offices, departments, and
22independent agencies and includes all societies, associations, and other agencies of
23state government for which appropriations are made by law, but not including
24authorities created in subch. II of ch. 114 or in ch. 52, 231, 232, 233, 234, 237, 238,
25or 279.
AB766,10
1Section 10. 16.004 (4) of the statutes, as affected by 2013 Wisconsin Act 20,
2is amended to read:
AB766,8,83 16.004 (4) Freedom of access. The secretary and such employees of the
4department as the secretary designates may enter into the offices of state agencies
5and authorities created under subch. II of ch. 114 and under chs. 52, 231, 233, 234,
6237, 238, and 279, and may examine their books and accounts and any other matter
7that in the secretary's judgment should be examined and may interrogate the
8agency's employees publicly or privately relative thereto.
AB766,11 9Section 11. 16.004 (5) of the statutes, as affected by 2013 Wisconsin Act 20,
10is amended to read:
AB766,8,1411 16.004 (5) Agencies and employees to cooperate. All state agencies and
12authorities created under subch. II of ch. 114 and under chs. 52, 231, 233, 234, 237,
13238, and 279, and their officers and employees, shall cooperate with the secretary
14and shall comply with every request of the secretary relating to his or her functions.
AB766,12 15Section 12. 16.004 (12) (a) of the statutes, as affected by 2013 Wisconsin Act
1620
, is amended to read:
AB766,8,2417 16.004 (12) (a) In this subsection, "state agency" means an association,
18authority, board, department, commission, independent agency, institution, office,
19society, or other body in state government created or authorized to be created by the
20constitution or any law, including the legislature, the office of the governor, and the
21courts, but excluding the University of Wisconsin Hospitals and Clinics Authority,
22the Wisconsin 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.
AB766,13
1Section 13. 16.045 (1) (a) of the statutes, as affected by 2013 Wisconsin Act 20,
2is amended to read:
AB766,9,83 16.045 (1) (a) "Agency" means an office, department, independent agency,
4institution of higher education, association, society, or other body in state
5government created or authorized to be created by the constitution or any law, that
6is entitled to expend moneys appropriated by law, including the legislature and the
7courts, but not including an authority created in subch. II of ch. 114 or in ch. 52, 231,
8232, 233, 234, 237, 238, or 279.
AB766,14 9Section 14. 16.15 (1) (ab) of the statutes, as affected by 2013 Wisconsin Act 20,
10is amended to read:
AB766,9,1411 16.15 (1) (ab) "Authority" has the meaning given under s. 16.70 (2), but
12excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
13River Remediation Authority, the Wisconsin Quality Home Care Authority, and the
14Wisconsin Economic Development Corporation.
AB766,15 15Section 15. 16.41 (4) of the statutes, as affected by 2013 Wisconsin Act 20, is
16amended to read:
AB766,9,1817 16.41 (4) In this section, "authority" means a body created under subch. II of
18ch. 114 or under ch. 52, 231, 233, 234, 237, 238, or 279.
AB766,16 19Section 16. 16.417 (1) (b) of the statutes is amended to read:
AB766,9,2120 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or
21ch. 52, 231, 232, 233, 234, 237, 238, or 279.
AB766,17 22Section 17. 16.50 (3) (e) of the statutes is amended to read:
AB766,9,2523 16.50 (3) (e) No pay increase may be approved unless it is at the rate or within
24the pay ranges prescribed in the compensation plan or as provided in a collective
25bargaining agreement under subch. V or VI of ch. 111.
AB766,18
1Section 18. 16.52 (7) of the statutes, as affected by 2013 Wisconsin Act 20, is
2amended to read:
AB766,10,123 16.52 (7) Petty cash account. With the approval of the secretary, each agency
4that is authorized to maintain a contingent fund under s. 20.920 may establish a
5petty cash account from its contingent fund. The procedure for operation and
6maintenance of petty cash accounts and the character of expenditures therefrom
7shall be prescribed by the secretary. In this subsection, "agency" means an office,
8department, independent agency, institution of higher education, association,
9society, or other body in state government created or authorized to be created by the
10constitution or any law, that is entitled to expend moneys appropriated by law,
11including the legislature and the courts, but not including an authority created in
12subch. II of ch. 114 or in ch. 52, 231, 233, 234, 237, 238, or 279.
AB766,19 13Section 19. 16.528 (1) (a) of the statutes, as affected by 2013 Wisconsin Act 20,
14is amended to read:
AB766,10,2015 16.528 (1) (a) "Agency" means an office, department, independent agency,
16institution of higher education, association, society, or other body in state
17government created or authorized to be created by the constitution or any law, that
18is entitled to expend moneys appropriated by law, including the legislature and the
19courts, but not including an authority created in subch. II of ch. 114 or in ch. 52, 231,
20233, 234, 237, 238, or 279.
AB766,20 21Section 20. 16.53 (2) of the statutes, as affected by 2013 Wisconsin Act 20, is
22amended to read:
AB766,11,623 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.
AB766,21 7Section 21. 16.54 (9) (a) 1. of the statutes, as affected by 2013 Wisconsin Act
820
, is amended to read:
AB766,11,149 16.54 (9) (a) 1. "Agency" means an office, department, independent agency,
10institution of higher education, association, society, or other body in state
11government created or authorized to be created by the constitution or any law, which
12is entitled to expend moneys appropriated by law, including the legislature and the
13courts, but not including an authority created in subch. II of ch. 114 or in ch. 52, 231,
14233, 234, 237, 238, or 279.
AB766,22 15Section 22. 16.70 (2) of the statutes, as affected by 2013 Wisconsin Act 20, is
16amended to read:
AB766,11,1817 16.70 (2) "Authority" means a body created under subch. II of ch. 114 or under
18ch. 52, 231, 232, 233, 234, 237, or 279.
AB766,23 19Section 23. 16.705 (3) of the statutes is created to read:
AB766,11,2320 16.705 (3) The director of the office of state employment relations, prior to
21award, under conditions established by rule of the department, shall review
22contracts for contractual services in order to ensure that all agencies, except the
23University of Wisconsin System, do all of the following:
AB766,11,2424 (a) Properly utilize the services of state employees.
AB766,12,2
1(b) Evaluate the feasibility of using limited term appointments prior to
2entering into a contract for contractual services.
AB766,12,43 (c) Do not enter into any contract for contractual services in conflict with any
4collective bargaining agreement under subch. V or VI of ch. 111.
AB766,24 5Section 24. 16.765 (1) of the statutes, as affected by 2013 Wisconsin Act 20,
6is amended to read:
AB766,12,177 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
8Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
9Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
10Quality Home Care Authority,
the Wisconsin Economic Development Corporation,
11and the Bradley Center Sports and Entertainment Corporation shall include in all
12contracts executed by them a provision obligating the contractor not to discriminate
13against any employee or applicant for employment because of age, race, religion,
14color, handicap, sex, physical condition, developmental disability as defined in s.
1551.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin and,
16except with respect to sexual orientation, obligating the contractor to take
17affirmative action to ensure equal employment opportunities.
AB766,25 18Section 25. 16.765 (2) of the statutes, as affected by 2013 Wisconsin Act 20,
19is amended to read:
AB766,13,1220 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
21Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
22Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
23Quality Home Care Authority,
the Wisconsin Economic Development Corporation,
24and the Bradley Center Sports and Entertainment Corporation shall include the
25following provision in every contract executed by them: "In connection with the

1performance of work under this contract, the contractor agrees not to discriminate
2against any employee or applicant for employment because of age, race, religion,
3color, handicap, sex, physical condition, developmental disability as defined in s.
451.01 (5), sexual orientation or national origin. This provision shall include, but not
5be limited to, the following: employment, upgrading, demotion or transfer;
6recruitment or recruitment advertising; layoff or termination; rates of pay or other
7forms of compensation; and selection for training, including apprenticeship. Except
8with respect to sexual orientation, the contractor further agrees to take affirmative
9action to ensure equal employment opportunities. The contractor agrees to post in
10conspicuous places, available for employees and applicants for employment, notices
11to be provided by the contracting officer setting forth the provisions of the
12nondiscrimination clause".."
AB766,26 13Section 26. 16.765 (4) of the statutes, as affected by 2013 Wisconsin Act 20,
14is amended to read:
AB766,13,2015 16.765 (4) Contracting agencies, the University of Wisconsin Hospitals and
16Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
17Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
18Quality Home Care Authority,
and the Bradley Center Sports and Entertainment
19Corporation shall take appropriate action to revise the standard government
20contract forms under this section.
AB766,27 21Section 27. 16.765 (5) of the statutes, as affected by 2013 Wisconsin Act 20,
22is amended to read:
AB766,14,1423 16.765 (5) The head of each contracting agency and the boards of directors of
24the University of Wisconsin Hospitals and Clinics Authority, the Fox River
25Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox

1River Remediation Authority, the Wisconsin Quality Home Care Authority, the
2Wisconsin Economic Development Corporation, and the Bradley Center Sports and
3Entertainment Corporation shall be primarily responsible for obtaining compliance
4by any contractor with the nondiscrimination and affirmative action provisions
5prescribed by this section, according to procedures recommended by the department.
6The department shall make recommendations to the contracting agencies and the
7boards of directors of the University of Wisconsin Hospitals and Clinics Authority,
8the Fox River Navigational System Authority, the Wisconsin Aerospace Authority,
9the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care
10Authority,
the Wisconsin Economic Development Corporation, and the Bradley
11Center Sports and Entertainment Corporation for improving and making more
12effective the nondiscrimination and affirmative action provisions of contracts. The
13department shall promulgate such rules as may be necessary for the performance of
14its functions under this section.
AB766,28 15Section 28. 16.765 (6) of the statutes, as affected by 2013 Wisconsin Act 20,
16is amended to read:
AB766,14,2517 16.765 (6) The department may receive complaints of alleged violations of the
18nondiscrimination provisions of such contracts. The department shall investigate
19and determine whether a violation of this section has occurred. The department may
20delegate this authority to the contracting agency, the University of Wisconsin
21Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
22Wisconsin 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 for
25processing in accordance with the department's procedures.
AB766,29
1Section 29. 16.765 (7) (intro.) of the statutes, as affected 2013 Wisconsin Act
220
, is amended to read:
AB766,15,133 16.765 (7) (intro.) When a violation of this section has been determined by the
4department, the contracting agency, 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,
8or the Bradley Center Sports and Entertainment Corporation, 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 shall:
AB766,30 14Section 30. 16.765 (7) (d) of the statutes, as affected by 2013 Wisconsin Act 20,
15is amended to read:
AB766,15,2216 16.765 (7) (d) Direct the violating party to take immediate steps to prevent
17further violations of this section and to report its corrective action to the contracting
18agency, the 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, or the Bradley Center Sports and
22Entertainment Corporation.
AB766,31 23Section 31. 16.765 (8) of the statutes, as affected by 2013 Wisconsin Act 20,
24is amended to read:
AB766,16,18
116.765 (8) If further violations of this section are committed during the term
2of the contract, the contracting agency, the Fox River Navigational System Authority,
3the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the
4Wisconsin Quality Home Care Authority,
the Wisconsin Economic Development
5Corporation, or the Bradley Center Sports and Entertainment Corporation may
6permit the violating party to complete the contract, after complying with this section,
7but thereafter the contracting agency, the Fox River Navigational System Authority,
8the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the
9Wisconsin Quality Home Care Authority,
the Wisconsin Economic Development
10Corporation, or the Bradley Center Sports and Entertainment Corporation shall
11request the department to place the name of the party on the ineligible list for state
12contracts, or the contracting agency, the Fox River Navigational System Authority,
13the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the
14Wisconsin Quality Home Care Authority,
the Wisconsin Economic Development
15Corporation, or the Bradley Center Sports and Entertainment Corporation may
16terminate the contract without liability for the uncompleted portion or any materials
17or services purchased or paid for by the contracting party for use in completing the
18contract.
AB766,32 19Section 32. 16.85 (2) of the statutes, as affected by 2013 Wisconsin Act 20, is
20amended to read:
AB766,17,521 16.85 (2) To furnish engineering, architectural, project management, and other
22building construction services whenever requisitions therefor are presented to the
23department by any agency. The department may deposit moneys received from the
24provision of these services in the account under s. 20.505 (1) (kc) or in the general
25fund as general purpose revenue — earned. In this subsection, "agency" means an

1office, department, independent agency, institution of higher education, association,
2society, or other body in state government created or authorized to be created by the
3constitution or any law, which is entitled to expend moneys appropriated by law,
4including the legislature and the courts, but not including an authority created in
5subch. II of ch. 114 or in ch. 52, 231, 233, 234, 237, 238, or 279.
AB766,33 6Section 33. 16.865 (8) of the statutes, as affected by 2013 Wisconsin Act 20,
7is amended to read:
AB766,17,228 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a
9proportionate share of the estimated costs attributable to programs administered by
10the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
11may charge premiums to agencies to finance costs under this subsection and pay the
12costs from the appropriation on an actual basis. The department shall deposit all
13collections under this subsection in the appropriation account under s. 20.505 (2) (k).
14Costs assessed under this subsection may include judgments, investigative and
15adjustment fees, data processing and staff support costs, program administration
16costs, litigation costs, and the cost of insurance contracts under sub. (5). In this
17subsection, "agency" means an office, department, independent agency, institution
18of higher education, association, society, or other body in state government created
19or authorized to be created by the constitution or any law, that is entitled to expend
20moneys appropriated by law, including the legislature and the courts, but not
21including an authority created in subch. II of ch. 114 or in ch. 52, 231, 232, 233, 234,
22237, 238, or 279.
AB766,34 23Section 34. 19.42 (10) (s) of the statutes is created to read:
AB766,17,2524 19.42 (10) (s) The executive director and members of the board of directors of
25the Wisconsin Quality Home Care Authority.
AB766,35
1Section 35. 19.42 (13) (o) of the statutes is created to read:
AB766,18,32 19.42 (13) (o) The executive director and members of the board of directors of
3the Wisconsin Quality Home Care Authority.
AB766,36 4Section 36. 19.82 (1) of the statutes is amended to read:
AB766,18,135 19.82 (1) "Governmental body" means a state or local agency, board,
6commission, committee, council, department or public body corporate and politic
7created by constitution, statute, ordinance, rule or order; a governmental or
8quasi-governmental corporation except for the Bradley center sports and
9entertainment corporation; a local exposition district under subch. II of ch. 229; a
10long-term care district under s. 46.2895; or a formally constituted subunit of any of
11the foregoing, but excludes any such body or committee or subunit of such body which
12is formed for or meeting for the purpose of collective bargaining under subch. I, IV,
13or
V, or VI of ch. 111.
AB766,37 14Section 37. 19.85 (3) of the statutes is amended to read:
AB766,18,1815 19.85 (3) Nothing in this subchapter shall be construed to authorize a
16governmental body to consider at a meeting in closed session the final ratification or
17approval of a collective bargaining agreement under subch. I, IV, or V, or VI of ch. 111
18which has been negotiated by such body or on its behalf.
AB766,38 19Section 38. 19.86 of the statutes is amended to read:
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