Senator Darling

Representative Nygren
BUDGET MODIFICATIONS
Motion:
Move the following provisions:
1. Revenue Limit for Consolidated School Districts. Modify prior Joint Finance action to

specify that both districts currently receiving consolidation aid (rather than only one) would receive
a recurring revenue limit adjustment in 2015?16 equal to 75% of the consolidation aid that is outside
of revenue limits received by the district in 2014-15. Specify that this adj ustrnent would also apply
to any future school district consolidations, and delete the current law provisions related to
consolidation aid for the sixth and seventh years after consolidation.

2. Additional Charter School Authorizers. Modify prior Joint Finance action to specify
that the Gateway Technical College District Board would be able to authorize charter schools
located only in the district, not in counties adjacent to the district. Also, specify that the College of
Menominee Nation and the Lao Courte Oreilles Ojibwa Community College, rather than tribal
colleges generally, would be able to authorize charter schools. Specify that these two colleges could
authorize up to a total of six schools between them, with no geographic limitations on the location
of those schools. 

3. Coarse Options Program Modify prior Joint Finance action to restore the course
options program. Additionally, specify that an institution of higher education, including the
University of Wisconsin System, a technical college, a nonpro?t institution of higher education, or a
tribal college may charge tuition and fees to a pupil or his or her parents or guardians if that pupil
receives postsecondary credit for a course taken through the course options program in an amount
determined based on a negotiation between the institution of higher education and the school
district. Specify that no tuition or fees could be charged for a course for which the pupil would not
receive postsecondary credit. I

4. Supplemental Special Education Aid for District With Special Circumstances.
Modify prior Joint Finance action to specify that the alternative criteria for the distribution of
supplemental special education aid would apply to a district that experienced a natural disaster,
including a ?re, rather than a district that experienced unforeseen and extenuating circumstances.

Clarify that in 2015-16, a district could qualify for supplemental special education aid under
either the current law criteria or the alternative criteria identi?ed by the Committee.

5. Participation in Athletics and Extra-Curricular Activities. Modify prior Joint Finance
action to: specify that it would only apply to pupils who are enrolled in a home?based private
educational program; and require that the home-based educational program provide the school
board with a written statement that the pupil meets the school boards requirements for participation

Motion #999 Page 1

in interscholastic athletics based on age and academic and. disciplinary records, rather than the
public school making that determination as under Joint Finance. With regard to the statement under
specify that no person could provide a false statement, and the school board could not question
the accuracy or validity of the statement or request additional information.

6. Educational Communications Board. Delete 8.6 PR positions and $1,647,300 PR
annually to re?ect GPR funding adjustments made by the Committee to the Educational
Communications Board.

7. Teacher Licensare. Make the following modi?cations to prior Joint Finance action
regarding alternative teacher licenses.

a. Maintain the provisions of the IF motion requiring DPI to grant an initial teaching
license to teach a technical education subject to an individual based on experience in a technical
?eld and pedagogical experience, except require DPI to approve or deny an application for an initial
teaching license to teach a technical education subject within 45 business days after receipt of the
application, rather than 15 business days. did not act within 45 business days, the application
would be considered to be approved until further action by DPI.

b. Create a new provision requiring DPI to grant an initial teaching license to any
individual who was granted a teaching license by another state and completed at least one year of
teaching experience in that state. Additionally, require DPI to grant an administrator license to any
individual who was granted an administrator license by another state and completed at least of year
of administrator experience in that state. Provide that the individual must have received an offer of
employment from a school in Wisconsin prior to applying for such a license, and the application
must be completed by both the applicant and the employing school/school district. Specify that the
license type, including the subject area and grade level, would be determined by DPI based on the
individual's out?of?state license type or experience.

0. Delete provisions of the JF motion that would have required DPI to issue a teaching
license to teach English, social studies, mathematics, or science to any individual with a bachelor's
degree, if the school board, operator, or governing body of the school district, independent "2r"
charter school, or private choice school in which the individual intends to teach would have
determined that the individual is pro?cient in each subject that he or she intends to teach and that
the individual has relevant experience in each subject that he or she intends to teach.

(1. Delete provisions of the IF motion that would have required DPI to issue a teaching
permit to an individual in any subject area excluding English, social studies, mathematics, or
science if the school board, operator, or governing body of the school district, independent "2r"
charter school, or private choice school in which the individual intends to teach determines that the
individual is pro?cient in each subject that he or she intends to teach and that the individual has
relevant experience in each subject that he or she intends to teach.

e. Delete provisions of the motion that would have speci?ed that a license or permit
issued under c. and d. would have authorized an individual to teach only the following: the
subject or subjects for which a school board, operator, or governing body determines the individual

Motion #999 Page 2

is proficient and possesses suf?cient experience; in the school district, independent "2r" charter
school, or choice school governed by the school board, operator, or governing body that determines
the individual is pro?cient and pOSsesses relevant experience; and pupils in grades 6 through 12.
The license would have been valid for three years, and would have been renewable upon a request
made jointly by the school board, operator, or governing body and license or permit holder. Delete
the provision that would have speci?ed that DPI could not have imposed additional requirements
for a license or permit issued based on these requirements.

f. Delete the provision of the JFC motion that would have required DPI to make an
online teacher training program consisting of at least 40 hours of instruction available to any
individual holding a license or permit issued under 0. or d.

8. Student Information System. Reduce funding in the appropriation for the student
information system by $2,350,000 GPR in 2015?16.

9. General Fund Structural Balance. Provide that s. 20.003(4m) of the statutes,
which requires that no bill may be passed by the Legislature if estimated general fund
expenditures exceed estimated revenues in the second year of any ?scal biennium, would not
apply to the 2015?17 budget bill.

10. Statutory Reserve. In addition to the Joint Finance provision, provide that
beginning in 2017?18, the statutory reserve would be increased from the prior year by $5 million
annually. Specify that the statutory reserve could not exceed 2% of GPR appropriations plus
compensation reserves.

11. Wisconsin Environmental Education Board (PVEEB). Delay the effective date of the
repeal of the two appropriations for environmental education grants and current law provisions
related to the Wisconsin environmental education board from July 1, 2016, under the bill and a
previous motion, to July 1, 2017. This would allow WEBB to fully expend revenues received in the
2014?15 and 2015 -16 ?scal years but would not provide any additional moneys for grants compared
to the bill or the previous motion.

12. Nonresident Tuition Remissions. Modify previous action to retain current law
specifying that, to be eligible for a tuition remission, a graduate student who is employed within the
UW System must have an appointment equal to at least 33% of a full-time equivalent position.

13. Application Fees. Clarify previous action by specifying that each UW institution
would be required to charge a uniform application fee to all undergraduate applicants to that
institution. In addition, modify previous action to specify that each institution could set a different
application fee for each of the following groups of applicants: undergraduate applicants; (13)
graduate applicants; (0) law school applicants; and medical school applicants.

14. University Personnel Systems. Clarify two current law references to persons who are
assigned to university senior executive salary groups and delete one such reference to conform with
other changes made under 2011 Act 32 related to the creation of the UW personnel systems, which
will take effect on July 1, 2015.

Motion #999 Page 3

15. Special Prosecutor Positions for the Department of Justice. Provide $220,000 GPR
annually to the Joint Committee on Finance?s supplemental GPR appropriation for the purpose of
providing funding to the Department of Justice (DOJ) for 2.0 assistant attorney general (AAG)
positions. The 2.0 AAG positions would serve as special prosecutors who would prosecute cases
related to gun violence and other offenses involving the use of a ?rearm. The release of funding
from the Committee's supplemental GPR appropriation to the Department of Justice would be
contingent upon DOJ submitting a plan to the Committee, under 8. 13.10 of the statutes, which
would detail how DOJ would utilize the funding and the 2.0 AAG positions for gun violence
prosecutors.

16. Remove Military Property Program Modi?cations. Delete the provisions
previously adopted by the Joint Committee on Finance under Motion #112 related to Wisconsin's
involvement in the federal military property program.

Motion #112 would have created additional oversight over state and local law enforcement
agencies? participation in the military property program. Speci?cally, the motion would have
speci?ed the following: 

a. Require that state or local law enforcement agencies receive approval from the
appropriate state or local approval entity in order to acquire weapons and machines under the
military property program. Further, specify that speci?c policies must be developed by the
appropriate state or local approval entity as to when such weapons or machines, or parts of such
weapons or machines, may be fully or partially utilized by law enforcement, and the training that is
required to utilize such weapons or machines.

b. Require law enforcement agencies to report on the use of weapons or machines, or
parts of such weapons or machines, obtained under the military property program to the law
enforcement agency's state or local approval entity within 14 days of use of such weapons or
equipment. Such a report must detail the circumstances surrounding the use of the weapons or
machines.

c. Require that the appropriate state or local approval entity develop policies that would
specify the appropriate use of equipment acquired under the military property program. Further,
require that the developed policies specify what would happen to any equipment acquired under the
program that has been utilized inappropriately, as speci?ed by the state or local approval entity's
policies.

(1. Require that state or local law enforcement agencies requesting to obtain equipment
under the military property program public a notice of such a request on a publicly accessible
website within 14 days of submitting a request. Further, require that the state or local law
enforcement agency report on the receipt of any items under the military property program on the
same publicly accessible website within 14 days of receipt.

17. Wisconsin Interoperability System for Communications. Require the Interoperability
Council to submit a report to the Joint Committee on Finance on the Wisconsin Interoperability
System for Communications (WISCOM) by June 30, 2016. Provide that the required report must, at

Motion. #999 Page 4

a minimum, include answers to the following questions:

- From inception of the program through 2015?16, how much has the state expended to
develop, construct, and operate Be sure to identify the amounts that have been spent
?om GPR, PR, FED, and SEG sources. Further, for PR, FED, and SEG expenditures, identify the
revenue sources utilized to support WISCOM. .

- What is the annual operating budget for WISCOM during 2015-16? Speci?cally
identify costs relating to staff, infrastructure expansion, infrastructure maintenance, supplies and
services, and other costs related to WISCOM.

Which local, state, and federal agencies utilize How frequently do these
agencies use the system? How is each agency utilizing the system to support its agency's
operations? Are there agencies in Wisconsin that utilize an alternative communications system for
their emergency responders? If so, identify these agencies. Further, elaborate as to why these
agencies utilize an alternative communications system for their emergency responders. What are the
bene?ts of these alternative communications systems?

- Which local, state, and federal agencies are daily users of Is it anticipated
that additional local, state, or federal agencies will become daily users of If so, identify
these agencies. Further, when is it anticipated that these agencies will become daily users of
[Note that a daily user of WISCOM utilizes WISCOM for its emergency response
communications needs, and foregoes use of a separate communication system for its emergency
responders]

What is the current status of WISCOM's infrastructure? How, if at all, will 
in?astructure be expanded in ?iture years?

- How have other Midwestern states developed statewide interoperable systems for
communications? Has WISCOM been developed in a similar manner? If so, how? If not, why not?

- What successes has WISCOM had in providing an effective system for statewide
communication between local, state, and federal public safety agencies?

- Has WISCOM faced any challenges in providing an effective system for statewide
communication between local, state, and federal public safety agencies? If so, how could these
challenges be addressed?

- To what extent is WISCOM compatible with other emergency response
communication networks utilized by local agencies? Are there instances in which Very
High Frequency (VHF) channels or sites have interfered with channels or sites utilized by local
emergency responders? If so, why has this occurred, and has, or will, this issue be addressed?

- How many sites, channels, and users does WISCOM currently support? Further, what
is the maximum number of sites, channels, and users that WISCOM could currently support?
Would there be a way of expanding the number of sites, channels, and users that could be supported
by 

Motion #999 Page 5

18. Law Enforcement Officer?In valved Deaths. Specify that before releasing the
investigative report of an of?cer~involved death, the investigators who conducted the investigation
must delete any information from the report released to the public that would not be subject to
disclosure pursuant to the balancing test under the state?s open records laws. [The state's open
records laws generally provide that an individual has a right to inspect any public record, unless the
legal custodian of the record or the appropriate authority makes a specific determination that there is
a need to restrict public access at the time that the request to inspect or copy the record is made (this
is commonly known as the balancing test). Current law does not specify that reports released to the
public related to of?cer?involved death investigations are subject to the balancing test provided
under the open records law.]

19. One-Time Funding for Department of Corrections Wheelchair Recycling
Program Provide one?time funding of $25,000 GPR in each year of the 2015-17 biennium to the

Department of Corrections general program operations appropriation for wheelchair recycling.

20. CCAP De?nition and Removal of Certain Information from WCCA. Create
statutory language de?ning the Courts' Consolidated Court Automation programs as follows:

"Wisconsin Circuit Court Access Internet site? means the Internet site of the consolidated
court automation programs, which is the statewide electronic circuit court case management
system and maintained by the director of state courts.

Specify that the Director of State Courts must remove from the Wisconsin Circuit Court
Access Internet site all information relating to a criminal case if all of the following have occurred:
all charges have been dismissed by the court prior to trial; all dismissed charges were
offenses for which the maximum period of imprisonment was six years or less; none of the
dismissed changes was for a violent offense as de?ned in s. of the statutes; an
order has been issued by the court having jurisdiction to remove such information; and the
dismissed charges were ?led when the person charged was under the age of 25.

Specify that the change would apply to judgments or orders entered before and after the
effective date if information regarding the judgement or order is available on the Wisconsin Circuit
Court Access Internet site on the effective date.

21. Eliminate Certain Boards and Councils. Eliminate the following boards and councils.
In addition, specify that the Department of Safety and Professional Services (DSPS) must include a
proposal to eliminate inactive boards, councils, or commissions with the submission of its biennial
agency budget request. Under current law, DOA proposes the elimination of inactive boards,
councils, or commissions with the submission of its biennial agency budget request. [It should be
noted that 2015 Senate Bill 171 would eliminate the identi?ed boards and councils and transfer
responsibility to propose elimination from DOA to DSPS. As amended by Senate Amendment 1 to
SB 171, the Automatic Fire Sprinkler System Contractors and Journeymen Council would not be
eliminated and would remain in statute. The amended bill passed the Senate on June 9, 2015.]

Motion #999 Page 6

Administration

Acid Deposition Research Council

Council on Utility Public Bene?ts
Information Technology Management Board
Service Award Board

Of?ce of the Governor
Standards Development Council

Historical Society
Historical Society Endowment Fund Council

Natural Resources
Managed Forest Land Board
Milwaukee River Revitalization Council

Public Service Commission
Telecommunications Privacy Council

Safety and Professional Services

Automatic Fire Sprinkler System Contractors and Journeymen Council
Crematory Authority Council Examining Council on Licensed Practical Nurses
Examining Council on Registered Nurses

Multifamily Dwelling Code Council

Pharmacist Advisory Council

Workforce Development
Labor and Management Council

22. Appraisals of State-Owned Property. Provide $100,000 PR annually to the
Department of Administration?s facility operations and maintenance and police and protection

functions appropriation for appraisals of state?owned real property. [Under the bill, the
appropriation is funded at $39,482,300 PR in 2015?16 and $39,5 82,700 in 2016?17.]

23. Retirement Systems for First Class Cities and Counties with a Population of 500,000
or More -- Mental Injury Related Duty Disabilin Bene?ts. Provide that no compensable mental
injury duty disability bene?t may be paid from any retirement system of a ?rst class city or of a
county with a population of 500,000 or more unless: the employer certi?es that the compensable
mental injury was duty-related; or the Department of Workforce Development (DWD)
determines that the compensable mental injury was duty-related on appeal. Provide that any appeal
to DWD would follow the procedures under ss. 102.16 to 102.26 of the statutes. Specify that a
compensable mental injury would mean a mental injury resulting from a situation of greater
dimensions than the day-to-day mental stresses and tensions and post?traumatic stress that all
similarly situated employees must experience.

24. High-Deductible Health Plan Alternative for Local Protective Service Employees.
Specify that if a local governmental unit offers health care insurance to employees who are police
of?cers, ?re ?ghters, or emergency medical technicians, the local governmental unit must also
offer to the employees who are police of?cers, ?re ?ghters, or emergency medical technicians, a

Motion #999 Page 7

high?deductible health plan (HDHP) that has identical design features to the HDHP offered to state
employees.

25. General Employee Labor Union Recognition Elections. Provide that state and local
general employee unions seeking initial recognition to represent a collective bargaining unit would
have to receive at least 51% of the votes of all of the general employees in the collective
bargaining unit in order to be initially certi?ed to represent the collective bargaining unit. [Under
current law, a general employee union already authorized to represent a collective bargaining unit
must receive at least 51% of the votes of. all of the general employees in the collective bargaining
unit in order to be recertifled to represent the collective bargaining unit for an additional year.
General employee unions must win a recerti?cation election every year in order to continue to be
authorized to represent the collective bargaining unit. However, under current law, if a collective
bargaining unit has been unrepresented, a general employee union must only win a majority of
votes cast at the election in order to be initially recognized or certi?ed to represent the collective
bargaining unit]

26. STAR Project Implementation Group Insurance Changes. Eliminate the requirement
that executive branch state employees must be covered under the Wisconsin Retirement System for
a period of at least six months in order to be eligible for group insurance bene?ts, other than health
insurance. As a result, employees would be immediately eligible for life and income continuation
insurance bene?ts.

Provide that state employees electing to receive health care coverage within 30 days of being
hired, begin to receive this coverage on the ?rst day of the month that ?rst occurs during the 30?day
election period, instead of receiving coverage effective on the ?rst day of the month which begins
on or after the date the employee's application for coverage is received by the employer. Further,
provide that state employees electing to receive income continuation insurance within 30 days of
initial eligibility, begin to receive this coverage on the ?rst day of the month that ?rst occurs during
this 30?day period, instead of receiving coverage effective on the ?rst day of the month which
begins on or after the date the employee's application for coverage is received by the employer.

Specify that state employees would now have 60 days, instead of the current 30 days, to elect
income continuation coverage when initially eligible for a higher level of employer contribution
towards the premium cost. For state employees other than teachers employed by the university, this
coverage would be effective the following April 1. For teachers employed by the university, this
coverage would be effective the ?rst day of. the month following the date of eligibility instead of the
first day of the month following the date the employee's application for coverage is received by the
employer.

The state is currently undertaking a project to replace various existing ?nance, procurement,
human resource, payroll, bene?ts and budget information systems across state agencies with one
consolidated system. The project is entitled the STAR (state transforming agency resources)
project. The administration indicates that these requested group insurance changes would reduce
the customization that will be required of PeopleSoft (the base information technology system for
the STAR project). It is estimated that eliminating the six month waiting period for group life
insurance coverage would increase state costs by $48,000 in 2015?16, and $96,000 in 2016?17 (all

Motion #999 Page 8

funds). Under the motion, these increased costs would be addressed by state agencies ?om base
resources.

27. Legislative Organization and Powers. Modify the authority and organization of the
Legislature in the following areas as indicated.

a. Joint Survey Committee on Retirement Systems. Delete current law which provides
that the Joint Survey Committee on Retirement Systems (J SCRS) be composed of 10 members as
follows: (1) two majority party senators, one minority party senator, two majority party
representatives, and one minority party representative, appointed as are the members of standing
committees in their respective houses; (2) an assistant attorney general appointed by the Attorney
General; (3) a member of the public who is not a participant in any public retirement system in
Wisconsin, to be selected by the Governor; (4) the Commissioner of Insurance or an experienced
actuary in the Commissioner?s Of?ce designated by the Commissioner; and (5) the Secretary of
Employee Trust Funds or his or her designee. Instead, provide that SCRS continue to be
composed of 10 members, consisting of five senators and five representatives appointed as are
members of standing committees in their respective houses. With the elimination of nonlegislator
members ?om SCRS, delete the requirement that the secretary of be elected from the
nonlegislator members of the committee. Delete current law which provides that legislators, the
assistant attorney general and the member of the public appointed to under current law
serve for a period of four years and until a successor is appointed and quali?ed. Further, delete
current law which provides that any member of SCRS ceases to be a member of the committee
upon losing the status upon which the appointment was based. Finally, delete current law which
speci?es that membership on SCRS must not be incompatible with any other public of?ce.

b. Legislative Audit Bureau. Amend current law to provide that any audit by the
Legislative Audit Bureau (LAB) of the operations of the Wisconsin Veterans Home at Chippewa
Falls by any private entity would be performed at such times as the Legislature directs, instead of
at such times as the Governor or Legislature directs. Delete the authority of the Governor to direct
the LAB to make special examinations of the accounts and financial transactions of any
department, agency, or of?cer. 

0. Public Records. Provide that the records and correspondence of any of?cer of the
Legislature, any legislative employee, and of any legislative service agency would not be
considered public records for purposes of public records preservation by the Public Records Board.
Under current law, the records and correspondence of any member of the Legislature are not
considered public records for purposes of public records preservation by the Public Records Board.

28. Definition of Public Records. Provide that "deliberative rnaterialsf1 would not be
considered a public record for purposes of the state's public records law. Specify that deliberative
materials would mean communications and other materials, including opinions, analyses, brie?ngs,
background information, recommendations, suggestions, drafts, correspondence about drafts, and
notes, created or prepared in the process of reaching a decision concerning a policy or course of
action or in the process of drafting a document or formulating an of?cial communication.
Deliberative materials would include inter-authority and intra?authority communications but would
not include: communications with persons who are not authorized to participate in the process

Motion #999 Page 9

of reaching a decision, drafting a document, or formulating an of?cial communication; and 
communications with persons other than an authority (as de?ned under the state's public records
law), unless the communication is within the scope of a contract between the person and an
authority. This provision is effective and initially applicable July 1, 2015.

29. Legislator Disclosure Privileges. Provide that a legislator has a legal privilege or
right to refuse to disclose, and to prevent a current or former legislative staff member from
disclosing, all of the following communications and related records if made within the course of
legislative business during the legislator?s term of of?ce: a communication between the
legislator or a member of the legislator's personal staff, or another person acting on behalf of the
legislator, and a member of the clerk or sergeant staff; a communication between the legislator
or a member of the legislator's personal staff, or another person acting on behalf of the legislator,
and a member of the nonpartisan staff; (0) a communication between the legislator, or a person
acting on behalf of the legislator, and a member of the legislator?s personal staff; a
communication between two or more members of the nonpartisan staff or clerk and sergeant staff
related to the legislative business of a legislator; a communication between two or more
members of the legislator's personal staff; and a communication between the legislator or a
member of the legislator?s personal staff, or another person acting on behalf of the legislator, and
any other person. In addition, specify that a legislator has a legal privilege or right to refuse to
disclose, and to prevent a current or former legislative staff member from disclosing, information
from which can be ascertained the identity of any person who communicates with the legislator
within the course of legislative business during the legislator's term of of?ce. For purposes of
these legislator privileges, legislative business means all aspects of the legislative process, broadly
construed, and includes: researching, drafting, circulating, discussing, introducing, and
amending legislative proposals; the development of public policy, including research, analysis,
consideration, and discussion of issues relevant to public policy; (0) all aspects of legislative
proceedings; all matters related to the policies, practices, and procedures of the legislative
branch; all matters related to the work of a legislative committee; investigations and
oversight; constituent relations; and all other powers, duties, and functions assigned by law,
rule, custom, policy, or practice to the Legislature, one house of the Legislature, a committee of the
Legislature, or a member of the Legislature. Provide that legislative business does not include
criminal conduct or political campaigning. For purposes of these legislator privileges, provide that
personal staff means the employees assigned to or inteming in the of?ce of a legislator. A
legislator's term of of?ce is considered to begin on the date of certi?cation of the legislator's
election to the Legislature.

Require legislative service agencies to at all times observe the con?dential nature of all
communications, records, and information that may be subject to these legislator privileges.
Further, provide that these legislator privileges or rights may be waived only by the express
personal waiver of each legislator who may claim the privilege. Disclosure of a communication,
record, or information that is legally privileged by any person to any other person, regardless of
whether that disclosure is authorized by the legislator and including an authorized disclosure by
nonpartisan staff, shall not constitute a legal waiver of the privilege. A legislative staff member or
former legislative staff member must assert and may not waive a legal privilege on behalf of a
legislator who may claim. the legal privilege. Legislative staff members includes: members of
the legislator's personal staff; members of the nonpartisan staff; or clerk or sergeant staff.

Motion #999 Page 10

These provisions related to legislator privilege may not be construed to limit or restrict in any way
a privilege or other protection available to a legislator under any other law.

This provision is effective and initially applicable July 1, 2015.

30. Legislative Reference Bureau Records and Communications. Provide that the
Legislative Reference Bureau (LRB) must at all times observe the con?dential nature of research
requests received by it. Further, provide that all drafting ?les and other records relating to
reference, drafting, and research requests received by the LRB must remain con?dential at all
times. Delete the requirements that, in carrying out its reference responsibilities, the LRB: 
maintain the drafting records of legislation introduced in prior sessions of the legislature and utilize
such records to provide information on questions of legislative intent; and retain these drafting
records in its of?ces at all times. Delete the requirements that the drafting section of the LRB: 
maintain the ?les for all drafting requests received during a legislative session while the
Legislature remains in session; and after ?nal adjournment of a legislative session turn over to
the reference section of the LRB the files for all drafting requests received during a legislative
session which resulted in introduced legislation. Eliminate the requirement for the LRB to
administer payments associated with costs incurred for micro?lming, optical imaging, or electronic
formatting of legislative drafting records. This provision is effective and initially applicable July 1,
2015.

31. Application of State '5 Public Records Law to Legislative Records. Specify that no
provision of the state?s public records law that con?icts with a rule or policy of the Senate or
Assembly or joint rule or policy of the Legislature applies to a record that is subject to such
legislative rule or policy. This provision is effective July 1, 2015 .

32. Nonpartisan Legislative Service Agencies' Communications. Provide that the
con?dentiality requirements imposed on nonpartisan legislative service agencies may not be
construed to prohibit any staff member of a nonpartisan legislative service agency from
communicating with any staff member of another nonpartisan legislative service agency for the
purpose of serving the Legislature and its members or ?om disclosing any communication, record,
or information in accord with a rule, custom, policy, or practice of the Legislature. This provision
is effective July 1, 2015.

33. Lead-Bearing Paint Definitions and Penalties. Change the de?nition of "lead?
bearing pain (from the current statutory definition of any paint or other surface coating material
containing more than 0.06% lead by weight in liquid paint or more than 07 milligrams of lead per
square centimeter in the dried ?lm of applied paint) to any paint or other surface coating containing
more than 0.06% by weight in liquid paint, more than 0.5% lead by weight in dried paint, or 1.0
milligram of lead per square centimeter in dried paint. Delete a current law provision that allows
administrative rules to supersede the statutory de?nition of "lead?bearing paint" if the Centers for
Disease Control and Prevention specifies a standard that differs from state statute.

Increase the forfeiture for a violation of statutes relating to ss. 254.11 to 254.178 of the
statutes, or rules promulgated, or orders issued, under those sections from not less than $100 nor
more than $1,000, to not less than $100 nor more than $5,000 per violation. Specify that the

Motion #999 Page 11

criminal penalty for a person who knowingly violates any provision of ss. 254.11 to 254.178, or any
rule promulgated, or order issued, under those sections is not less than $100 nor more than $5,000
per violation (current law does not specify that the penalty is per violation). Specify that these
provisions would first apply to violations that occur on the bill's general effective date. These
penalties apply to the use or sale of lead?bearing paint, and the prevention and control of lead-
bearing paint hazards.

34. Nonemergency Medical Transportation in Southeastern Wisconsin. Require DHS to
modify the current contract for the arrangement and reimbursement of nonemergency medical
transportation services for medical assistance bene?ciaries, to the extent permitted by that contract,
to exclude Jefferson, Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, and
Waukesha county MA beneficiaries from the contract and make alternative arrangements for the
provision of nonemergency medical transportation services for bene?ciaries in those counties.
Specify that alternative arrangements may be made with counties, health maintenance
organizations, or transportation providers. Specify that this change would apply to the contract in
effect on the effective date of the bill and would take effect no later than January I, 2016.

35. Dental Pilot Program Clarify that the rate used for dental procedures for which
there is no survey data shall be 80% of the median usual and customary charge for that procedure
for dentists practicing in Wisconsin (or the provider's usual and customary charge for that
procedure if that charge is less). Specify that the enhanced MA reimbursement rates for dental
services provided under the dental pilot project would be discontinued for dates of service
beginning on the ?rst day of the 37th month after the enhanced reimbursement rates take effect.

36. Long?Term Care Waiver. Modify provisions that direct DHS to seek changes to the
federal waiver under which Family Care and IRIS (Include, Respect, I Self?Direct) operates, as
follows. 

First, require DHS to submit, as a part of the MA quarterly reports submitted by September
30, 2015, and December 30, 2015, progress reports regarding the development of the waiver
proposal. Specify that the reports must include, but are not limited to, information regarding
outcomes from discussions with representatives of consumers of long-term care, long-term care
providers, and the federal Centers for Medicare and Medicaid Services.

Second, require that DHS hold no less than two public hearings regarding the proposed
Family Care waiver prior to its submission to FC.

37. Nursing Home Bed Transfer. Require DHS to redistribute three nursing home beds
that are currently available under the statewide bed limit to a facility that meets all of the following
criteria: has a licensed bed capacity of no more than 75, on the effective date of the bill; is
covered by a continuing care permit under s. 647.02 of the statutes, on the effective date of the bill;
is located in a county with a population of at least 380,000 and adjacent to a county with a
population of at least 750,000, on the effective date of the bill; and for which the facility has
applied for the beds using an application that, on a form provided by the Department, includes the
applicant's per diem operating and capital rates.

Motion #999 Page 12

38. FoodShare Replacement Cards Initial Applicability. Specify that the policy to
require DHS to deduct the allowable costs the state incurs to replace a lost or stolen electronic
bene?t transfer (EBT) card from the FoodShare bene?t amount provided on the BET card first
applies to requests to replace lost or stolen EBT cards received by DHS or its contracted entities on
July 1, 2016, rather than requests received on October 1, 2015.

39. Freeze on County-Imposed Fees for Coroner and Transportation Services 
E?ective Date. Modify a provision that would prohibit a county from increasing fees for
services rendered by a coroner, fees for the signing of a death certi?cate by a coroner or medical
examiner, or the transportation services, for a two?year period, beginning on the bill?s general
effective date, so that instead, a county could not charge a funeral home, cemetery or
crematorium an amount that exceeds the amount that was in effect on April 17, 2015, for a two?
year period. 

40. Veterans Affairs -- Assistance for Needy Veterans Program Eligibility. Delete all
provisions in the bill relating to changes in eligibility for bene?ts under the assistance for needy
veterans program, as the administration indicates that the provision, with the modi?cation
adopted by the Committee at the request of the administration, is unnecessary to accomplish the
Department?s intent.

41. Veterans Affairs -- Appropriation for Transfers from Other Agencies. Create a PR
appropriation in the Department of Veterans Affairs to enable the agency to expend moneys it
receives from other state agencies for the purposes for which the funding is received.

42. Authorization for Ont-oflState Risk Retention Groups to Sell Medical Liability
Insurance in Wisconsin. Incorporate the provisions of 2013 Assembly Bill 808, as amended by
Assembly Amendment 1, into the bill. This provision would specify that a risk retention group that
has not been issued an authorization to do business in the state as a nondomestic insurer ("foreign
risk retention group") is authorized to sell health care liability policies if the risk retention group is
approved by the Insurance Commissioner and it has and maintains a risk?based capital ratio of at
least 300%, as determined under the risk-based capital instructions adopted by the National
Association of Insurance Commissioners. Specify that a foreign risk retention group is considered
an "insurer" for the purposes of Chapter 655 of the statutes (Health Care Liability and Injured
Patients and Families Compensation), thereby extending the excess coverage offered by the injured
patients and families compensation fund to parties insured by a foreign risk retention group that
otherwise complies with Chapter 655 requirements for insurers. Specify that a 3% premium tax
applicable to nondomestic insurers applies to a foreign risk retention group that sells health care
liability insurance under Chapter 655.

43. Self-Insurance for School Districts and Local Units of Government. Modify
current law provisions that allow two or more school districts or two or more local units of
government (cities, towns, and villages) that together have at least 100 employees to provide
health insurance bene?ts on a self?insured basis to allow school districts to combine with local
units of government for the purpose of reaching the 100 employee threshold for self?insurance.

Motion #999 Page 13

44. Dispute Resolution Process Relating Health Insurance Coverage of Chiropractic
Treatment. Require the Insurance Commissioner to promulgate rules that provide for a fast, fair,
cost-effective, and binding independent process for resolving disputes related to insurer conduct
with respect to statutory requirements for chiropractic coverage, access, and reimbursement.
Specify that the rules must include at least all of the following: the procedures for making a
request to the Commissioner for an independent dispute resolution, including speci?cation of who is
eligible to request an independent dispute resolution; a requirement that individuals requesting
an independent dispute resolution must first exhaust any internal grievance procedure established by
the insurer for grievances related to conduct pertaining to chiropractic coverage requirements; (0)
the application procedure and quali?cations, including con?ict of interest provisions, for individuals
to act as independent reviewers under the independent dispute resolution process and the inclusion
of retired members of the state judiciary as individuals who are eligible to act as independent
reviewers; the procedure for selecting an independent reviewer to review a particular complaint;
the procedures, including timelines, that an independent reviewer must follow when reviewing a
complaint and a requirement that an independent reviewer must render a decision regarding a
particular complaint within nine months after the Commissioner receives the request for
independent dispute resolution; procedures for setting and paying the fees of the independent
reviewers; a requirement that the insurer about which the independent dispute resolution is
requested pay the fees of the independent reviewer; and the relief to which an individual who
requests independent dispute resolution and who prevails is entitled, including inj unctive and
declaratory relief and monetary relief due to underpayments by the insurer. Authorize the
Commissioner to promulgate emergency rules for the period before the effective date of permanent
rules, without being required to provide evidence that an emergency rule is necessary for the
preservation of public peace, health, safety, or welfare, or being required to provide a ?nding of
emergency.

45. Pharmacy Bene?t Manager Regulation. Require any pharmacy bene?t manager,
with respect to a contract with a pharmacy, to agree to do the following in each contract or contract
renewal: update maximum allowable cost pricing information for prescribed drugs or devices at
least every seven business days and provide a means by which contracted pharmacies may 
review pricing updates in a format that is readily available and accessible; reimburse pharmacists
and pharmacies for prescribed drugs or devices subject to maximum allowable cost information that
has been updated at least every seven business days; and eliminate prescribed drugs or devices
from the maximum allowable cost information or modify maximum allowable cost in a timely
fashion, consistent with availability of prescribed drugs or devices and pricing changes in the
marketplace.

Require a pharmacy bene?t manager and pharmacy to include in each contract with a
pharmacy a process to appeal, investigate, and resolve disputes regarding maximum allowable
cost pricing that includes the following: a 21?day limit on the right to appeal following the
initial claim; a requirement that the appeal be investigated and resolved within 21 days after
the date of the appeal; (0) a dedicated telephone number at which the pharmacy may contact the
pharmacy bene?t manager to speak to a person responsible for processing appeals; a
requirement that a pharmacy benefit manager provide a reason for any appeal denial and the
national drug code published in a directory by the Food and Drug Administration of a prescribed
drug or device that may be purchased by retail network pharmacies at a price at or below the

Motion #999 Page 14

 

maximum allowable cost; and a requirement that a pharmacy bene?t manager make a pricing
adjustment no later than one day after the date of the ?nal determination of the appeal.

De?ne a pharmacy bene?t manager as an entity doing business in Wisconsin that contracts
to administer or manage prescription drug bene?ts on behalf of any insurer or other entity that
provides prescription drug bene?ts to Wisconsin residents. De?ne a prescription drug bene?t as
coverage of or payment or assistance for prescribed drugs or devices. Create cross references to
current law de?nitions for the following terms: pharmacist, pharmacy, and prescribed drug or
device.

Specify that these provisions take effect on July 1, 2016.

46. Septic and Well Pump Installer Electrician License Exenqition. Create an exemption
in the Department of Safety and Professional Services (DSPS) electrician licensing statutes in s.
101.862 to provide that the following persons would not have to be a licensed electrician: a
person engaged in installing, repairing, or maintaining a private on?sitie wastewater treatment
system, if the activity only involves installing or modifying a conductor going from the system?s
junction, pull, or device box to the nearest disconnecting point and the conductor is buried with the
system; and a person engaged in installing, repairing, or maintaining a pump for a well, if the
activity only involves installing or modifying a conductor going from the pump's junction, pull, or
device box to the nearest disconnecting point and the conductor is buried with the pump.

47. Local Electrical and Multifamib) Sprinkler Code Ordinances. Require that if a city,
village or town adopts an electrical code or ordinance regarding electrical wiring and inspection of
electrical wiring under s. 101.86 of the statutes, the code or ordinance must strictly conform to
administrative rules promulgated by the Department of Safety and Professional Services (DSPS)
under s. 101.82 (1) (state electrical wiring code). [Currently, the electrical wiring provisions in
Chapter 101 allow municipalities to enact a local electric wiring ordinance if it is not less restrictive
than state requirements]

Further, amend s. 101.02 (7r) to clarify that the provisions of s. 101.02 (7m) and s. 101.975
(3) allow a city, village or town to enforce a preexisting stricter automatic sprinkler ordinance, if the
ordinance: (1) is for multifamily dwellings containing 20 or less attached dwellings; (2) was in
effect on January 1, 1992, and remained in effect on May 1, 1992; (3) does not conform to the
multifamily dwelling code subchapter of Chapter 101 and s. 101.02 (7m) or is contrary to an order
of DSPS under the Department's general regulatory provisions; and (4) is stricter than the
multifamily dwelling code or the contrary provision of the DSPS order. [Currently, s. 101.02 (7m)
Speci?es that no city, village or town may make or enforce a multifamily dwelling ordinance that
does not conform to the state multifamily dwelling code, unless the local ordinance has a
preexisting stricter sprinkler ordinance. Section 101.02 (7r) specifies that no city, village or town
may enact or enforce an ordinance that establishes minimum standards for constructing, altering, or
adding to public buildings or buildings that are places of employment (commercial buildings),
unless the ordinance conforms to applicable state rules, unless the ordinance met certain
requirements for preexisting ordinances]

48. Madison Metropolitan Sewerage District. Make the following changes to
Metropolitan Sewerage Districts that are not ?rst class cities, and that contain a second class city

Motion #999 Page 15

with a population of 200,000 or more, including the following provisions:

a. Specify that a metropolitan sewerage district that contains a second class city with a
population of 200,000 or more shall be governed by a nine?member commission appointed for
staggered three?year terms. [This provision would only apply to the Madison Metropolitan
Sewerage District. Currently, metropolitan sewerage districts in districts other than ?rst class cities
are governed by a ?ve?member commission appointed for staggered ?ve?year terms] Specify that
the members would be appointed as follows: (1) ?ve by the mayor of the second class city; (2)
three by a majority vote of the members of the executive council composed of the elected
executive of?cers of each city and village that is wholly or partly within the boundaries of the
district; and (3) one by a majority vote of the members of the executive council composed of the
elected executive of?cers of each town that is wholly or partly within the boundaries of the district.
[Currently, in metropolitan sewerage districts in districts other than ?rst class cities
are appointed by the county board of the county in which the district is located]

b. Specify that the terms of the current members of a metropolitan sewerage district that
contains a second class city with a population of 200,000 or more would expire on the 90th day
after publication of the budget bill. Specify that the other provisions of the motion would take
effect on the 90th day after publication of the budget bill.

c. Specify that the initial members of the commission appointed under this motion shall
be appointed for the following terms: (1) the member appointed by the executive council of the
towns, one member appointed by the executive council of the cities and villages, and one member
appointed by the mayor of the second class city, for a term expiring three years after the initial
appointment; (2) one member appointed by the cities and villages, and two members appointed by
the mayor, for a term expiring two years after the initial appointment; and (3) one member
appointed by the cities and villages, and two members appointed by the mayor, for a term expiring
one year after the initial appointment.

d. Specify that all actions of a commission in a metropolitan sewerage district that
contains a second class city with a population of200,000 or more shall be approved by a majority
vote of the members present, except that the following actions require the af?rmative vote of three?
fourths of the members who are entitled to a seat on the commission (seven of the nine): (1) any
policy, rule, regulation, ordinance, rate, or charging structure that does not by its terms apply
uniformly to all geographical areas of the district; and (2) any change in the methods in effect on
May 1, 2015, that are used to ?nance capital projects or to ?nance operations of the district.

e. Authorize addition of territory to the district if it is annexed or attached to a city or
village or added to a town sanitary district if a portion of the city, village, or town sanitary district is
located within a district that contains a second class city with a population of 200,000 or more, if the
city, village or town sanitary district submits of?cial notice to the commission and the regional
planning commission of the region within the district or the greatest portion of. the district is located.
[This would be in addition to the current allowance of addition of territory that is added to a city,
village, or town sanitary district that is located entirely within the original district prior to the
annexation or addition, when an of?cial notice ?rom the city, village or town sanitary district is
submitted to the commission and regional planning commission] Specify that the current

Motion #999 Page 16

 

procedure for potential written objection by the regional planning commission, and public hearing
by the commission, would apply to the addition of territory to the district if a portion of the city,
village, or town sanitary district is located within the district. [Currently, if, within 30 days after
receipt of a notice of addition of territory to the district, the regional planning commission ?les a
written objection with the district commission to any part of the annexation or addition, the district
commission holds a public hearing preceded by a class 2 notice, then the commission may approve
the annexation based on a determination that Speci?c standards are met]

49. Dam Water Level Orders. Modify Motion #520, Item #18 to specify that the
legislative approval provision applies to a dam in Vilas County meeting the speci?ed criteria as
of June 1, 2015 [no date was speci?ed in the original motion].

50. Frank Lloyd Wright Heritage Trail. Modify Motion #509, Item #13 to provide the
Department of Tourism $500,000 GPR in 2015?16 under its tourism marketing biennial
appropriation to promote buildings designed or constructed by Frank Lloyd Wright that are open
to the public. [The original motion would require Tourism to expend $500,000 from existing
GPR or tribal gaming PR tourism marketing appropriations to promote Wright-designed
or -constructed buildings open to the public]

Further, in addition to the route previously speci?ed, provide the Frank Lloyd Wright
Heritage Trail is to extend from the junction of US. Highway 14 and State Trunk Highway 23 in
Sauk County west on USH 14 to the junction at County Trunk Highway in the City of
Richland Center (Richland County). In addition to the markers previously speci?ed, require the
Department of Transportation (DOT) to place one marker facing each direction at the following
locations: at the junction of USH 14 and CTH in the City of Richland Center, identifying
one end of the trail and also the Richland Museum and Visitors Center; at the junction Sauk County, identifying the location of Taliesin in Iowa County and the
continuation of the trail both west on USH l4 and south Iowa
County, identifying the end of the trail on the STH 23 spur, as well as the locations of the Frank
Lloyd Wright Visitor Center and Taliesin in the Town of Wyoming.

Additionally, specify Transportation may erect and maintain directional signs along any
highway along the Frank Lloyd Wright Heritage Trail to aid in navigation to the locations
designated. Finally, clarify that the Racine County DOT sign for the SC. Johnson Research
Tower and be at the Interstate 94 and State Trunk Highway 20 interchange.

51. PSC-Condemnation Authority for Oil Pipeline Companies. Delete the reference to
"corporation" and substitute "business entity" in the current law provision which conveys the
authority to condemn real estate and personal property to corporations that transmit oil or related
products in pipelines in Wisconsin and that maintain terminal or product delivery facilities in
Wisconsin, subject to the approval of the Public Service Commission (PSC) upon a ?nding by the
PSC that the proposed real estate interests sought to be acquired are in the public interest. Include a
reference to a business entity having condemnation authority in the current law provision
concerning Building Commission approval of privately owned or operated facilities on state?owned
land, and replace references to "corporation" with references to "business entity" under the current
law provision concerning rights of abutting (land) owners.

Motion #999 Page 17

52. PSC-Regulation of Alternative Telecommunications Utilities. Incorporate the
provisions of LRB 0641/1 to delete a cross reference to s. 196.81 in s. This would
remove the PSC's authority under current law to require alternative telecommunications utilities
(ATUs) to: (1) obtain PSC approval before abandoning or discontinuing any line, extension, or
service; (2) remove poles and certain other structures from a right?of?way, if the ATU abandons the
right?of?way; or (3) diSpose of any part of a right?of?way obtained by the ATU by condemnation, if
the right?of?way is in a rural area and the ATU abandons the right?of?way. This provision would
become effective on the general effective date of the biennial budget act. [Under the motion, the
responsibility for removing abandoned lines and poles would shift from affected providers to land
owners and municipalities. In addition, if a competing telecommunication provider interconnects to
an affected provider's network and that provider abandons service, the interconnected provider?s
access to its customers could be affected]

53. PSC-Definition of Essential Telecommunications Services. Incorporate the provisions
of LRB 0955/1 to modify the current law provision that de?nes essential telecommunications
services as "the services or i?rnctionalities listed in 47 CFR 54.101(a) as of January 1, 2010" by
deleting the reference to January 1, 2010. [The motion would incorporate any changes that the FCC
has made or will make to its regulation after January 1, 2010.]

54. PSC~Designation of Chairperson of the Commission. Specify that the chairperson of
the PSC is a distinct appointment, and is different from that of a Commissioner. Upon expiration of
the two-year term as chairperson, specify that the individual would resume his or her remaining
term as a Commissioner. Specify that all current law provisions that apply to a Commissioner of
the PSC related to financial interests and involvement in political activities also apply to the
chairperson. Specify that these provisions apply to an individual serving as chairperson on the
effective date of the bill.

55. Limitation on Town and County Actions. Prohibit any town or county from imposing
requirements that are expressly preempted by federal or state law as conditions for approving a
conditional use permit. In addition, prohibit any town or county from imposing insurance
requirements on an operator of an interstate hazardous liquid pipeline if the pipeline operating
company carries comprehensive general liability insurance coverage that includes coverage for
sudden and accidental pollution liability.

56. One Day of Rest in Seven. Include the provisions of 2015 AB 118 to permit an
employee to state in writing that he or she voluntarily chooses to work without one day of rest in
seven. Specify the provision first apply to union contracts on the day the collective bargaining
agreement expires, or is extended, modi?ed, or renewed, whichever comes ?rst. [Currently every
factory or mercantile employer must allow each employee 24 hours of rest in every consecutive
seven days, except for certain emergency circumstances. The requirement does not apply to
janitors, security staff, bakeries, restaurants, hotels and certain dairy or agricultural plants]

57. DWD Lapse Plan Correction. An administration errata identifies a double?count in
the budget system related to the 2015-16 Department of Workforce Development required GPR
and PR lapse amounts. The correction of this error reduces the amount identified for transfer to
the general fund by $2,673,000 in 2015?16.

Motion #999 Page 18

 

58. Statutory Minimum Wage Requirement. Repeal references to and provisions for a
"living wage?, including the provision allowing DWD to determine the living wage, and replace
them with a "minimum wage?. Further, statutorily set the minimum wage levels currently
provided in administrative rule DWD 272. Establish in the statutes the allowance against the
minimum wage that an employer who provides room and board for an employee may take at the
levels currently set by DWD rule. Further, establish in the statutes similar employee
classi?cation de?nitions as currently provided in DWD rules.

Specify that the minimum wage for general employees, minors and agricultural employees
is $7.25 per hour. Provide that if an employer furnishes an employee with meals or lodging, the
employer may deduct the following amounts from the wages of the employee: for lodging,
$58 per week or $8.30 per day and for meals, $87 per week or $4.15 per meal. De?ne
?agricultural employee? to mean an employee who is employed in the operation of farm
premises, as described in s. 102.04 (3). De?ne ?minor employee? to mean a person under age 18
who is paid at the applicable minimum wage rate for minors.

Specify that the minimum wage for an opportunity employee is $5.90 per hour. Provide
that if an employer furnishes an opportunity employee with meals or lodging, the employer may
deduct the following amounts from the wages of the employee: for lodging, $47.20 per week
or $6.75 per day and for meals, $70.80 per week or $3.35 per meal. De?ne ?opportunity
employee? to mean a person under 20 years of age who is in the ?rst 90 consecutive days of
employment with his or her employer.

Specify that the minimum wage for a counselor at a seasonal recreational or educational
camp, including a day camp, is $350 per week if meals and lodging are not furnished, $265 per
week if only meals are ?irnished, and $210 per week if both meals and lodging are furnished.

Specify that the minimum wage for a golf caddy is $10.50 for caddying 18 holes and $5.90
for caddying 9 holes.

Specify that if an employer of a tipped employee establishes by the employer?s payroll
records that, when adding the tips received by the tipped employee in a week to the wages paid
to the tipped employee in that week, the tipped employee receives not less than the applicable
minimum wage. Provide that the minimum wage for the tipped employee is as follows: for
wages earned by a tipped employee who is not an opportunity employee, $2.33 per hour and 
for wages earned by a tipped employee who is an Opportunity employee, $2.13 per hour. Specify
that if an employer furnishes a tipped employee with meals or lodging, the employer may deduct
the applicable amounts from the wages of the tipped employee. De?ne ?tipped employee? to
mean an employee who in the course of employment customarily and regularly receives money
or other gratuities from persons other than the employee?s employer.

Specify that DWD promulgate rules providing the minimum wage for the following: an
employee or worker with a disability covered under a license as de?ned under s. 104.07; a
student learner; and a student employed by an independent college or university for less than
20 hours per week. In addition, Specify that DWD promulgate rules that exempt from the
minimum wage requirements all of the following: a person engaged in casual employment in

Motion #999 Page 19

and around an employer?s home on an irregular or intermittent basis for not more than 15 hours
per week; a person who resides in the home of an employer who, due to advanced age or
physical or mental disability, cannot care for his or her own needs, for the purpose of
companionship and who spends not more than 15 hours per week on general household work for
the employer; and an elementary or secondary school student performing student workwlike
activities in the student?s school. 272 currently contains provisions addressing these
categories]

Repeal the de?nition of "living wage? and the provision which speci?es that within 20
days after the filing of a veri?ed complaint of any person setting forth that the wages paid to any
employee in any occupation are not sufficient to enable the employee to maintain himself or
herself under conditions consistent with his or her welfare, DWD investigate and determine
whether there is reasonable cause to believe that the wage paid to any employee is not a living
wage. [Any person could still ?le a complaint with DWD that a speci?c employee is being paid
in violation of law.]

Repeal the provision which states that if, upon investigation, DWD ?nds that there is
reasonable cause to believe that the wages paid to any employee are not a living wage, DWD
appoint a wage council, selected so as fairly to represent employers, employees, and the public,
to assist in its investigations and determinations. Further repeal the provision which states that
the living wage so determined be the living wage for all employees within the same class as
established by the classi?cation of the Department.

Repeal the provision which states that DWD investigate, ascertain, determine, and ?x such
reasonable classi?cations, and impose general or special orders, determining the living wage.
Further repeal the provision which states that in determining the living wage, the Department
may consider the effect that an increase in the living wage might have on the economy of the
state, including the effect of a living wage increase on job creation, retention, and expansion, on
the availability of entry?level jobs, and on regional economic conditions within the state.

Further, include technical modi?cations related to the ?ne for intimidating a witness and
the de?nition of a minimum wage violation.

Provide that these provisions take effect on the ?rst day of the first month beginning after
publication of the bill.

59. Work Experience Program Drug Screening, Testing, and Treatment. Specify that
the drug screening, testing, and treatment requirements for the Transform Milwaukee program,
the Transitional Jobs program, services and bene?ts for noncustodial parents, and Children
First apply to applicants to such programs on the effective date of the rules (or emergency rules,
whichever is earlier) promulgated by Department of Children and Families (DCF) to implement
the drug screening, testing, and treatment requirements.

60. emporary Assistance for Needy Families Funding for General Education
Development Testing and Preparation, Adult Literacy Grants, and Legal Services for Low
Income Families. Make a technical modi?cation to Motions 349 (GED Test Assistance), 365

Motion #999 Page 20

(Adult Literacy Grants), and 370 (Legal Services for Low Income Families) to specify that
federal funding provided from the temporary assistance for needy families (TANF) block grant
may be used for individuals "who are eligible for rather than individuals "who are
eligible to receive assistance under the TANF program.?

61.. Expand Payday Lender Authority. Expand the types of ?nancial products and
services a payday lending company may provide to include: the sale of insurance, annuities, and
related products; and any ?nancial or consumer ?nance services subject to regulation by statute
or rule. Specify that a payday loan licensee may conduct, and permit others to conduct, at the place
of business speci?ed in its license, services commonly offered by a currency exchange. Further,
specify that a payday loan licensee may sell merchandise and conduct other business at the place of
business speci?ed in the payday loan license provided that the licensee holds any applicable license,
permit, or other approval required by law to sell the merchandise or conduct the other business.

62. Grants for Fabrication Laboratories. Reduce the Joint Committee on Finance?s
supplemental GPR appropriation by $500,000 in 2015?16. Instead, increase the Wisconsin
Economic Development Corporation's (WEDC) operations and programs appropriation by
$500,000 in 2015?16 and require WEDC to develop and implement a program to make up to
$500,000 of grants to eligible recipients for purchases of equipment used in fabrication laboratories
for instructional and educational purposes by grade school, junior high school, and high school
students. Specify that a fabrication laboratory is a medium-scale, high?technology workshop
equipped with computer?controlled additive and subtractive manufacturing components, including
three?dimensional printers, laser engravers, computer numerical control routers, and plasma cutters.

Specify that awards under the program could be made to eligible applicants, annually, over a
three-year period in proportion to the eligible equipment expenditures used in eligible fabrication
laboratories in the following manner for each eligible applicant: 75% of eligible expenditures in
the ?rst year of the grant award; 50% of eligible expenditures in the second year; and 25% of
eligible expenditures in the third year. Prohibit WEDC from making a grant award in excess of
$25,000, annually, per eligible recipient (maximum total grant award over the three?year period of
$75,000 per recipient). Require WEDC to develop policies and procedures to implement the grant
program for fabrication laboratories. Specify that grants must be awarded on a competitive basis,
annually, based on ?nancial need and without consideration of whether the grant applicant received
an award during the previous calendar year. Specify that WEDC could not certify a person as
eligible to receive awards under the program after June 30, 2017.

63. Grant for St. Croix Valley Business Incubator. Reduce the Joint Committee on
Finance?s supplemental GPR apprOpriation by $250,000 in 2015?16. Instead, provide $250,000
GPR in 2015?16 to WEDC's operations and programs appropriation for the purpose of making a
grant to the River Falls Economic Development Corporation to construct the St. Croix Valley
Business Incubator. Specify that WEDC may only award the grant if federal monies are secured to
?nance construction of the St. Croix Valley Business Incubator.

64. Transfer the non-Uniform Commercial Code Wisconsin Railroad Records from the
Department of Financial Institutions (DFI) to Office of the Commissioner of Railroads (OCR).
Specify that every conveyance or lease, deed of trust, mortgage or satisfaction made by any railroad

Motion #999 Page 21

corporation be acknowledged, ?led, and stored with OCR and that OCR collect all fees associated
with such ?lings.

65. Prohibiting Local Governments from Imposing Time of Sale Requirements. Prohibit
any local governmental unit from restricting, by ordinance, resolution, or any other means, the
ability of an owner of real property to sell or otherwise transfer title to or re?nance the properw by
requiring the owner, or an agent of the owner, to take certain actions with respect to the property or
pay a related fee, to show compliance with taking certain actions with respect to the property, or to
pay a fee for failing to take certain actions with respect to the property. Specify that the prohibition
extends to any of the following times: before the owner may sell, re?nance, or transfer title to
the property; at the time of the sale or re?nancing of, or the transfer of title to, the property; or
within a certain period of time after selling, refinancing, or transferring title to the prOperty.
De?ne "local governmental unit? as meaning any of the following: a political subdivision of this
state; a Special purpose district in this state; an agency or corporation of a political
subdivision or special purpose district in this state; a combination or subunit of any of the
preceding entities; or an employee or committee of any of the preceding entities. De?ne ?actions
with respect to the property? as including such actions as: (3) having an inspection made by an
employee or agent of, or contractor with, the local governmental unit; making improvements or
repairs; (0) removing junk or debris; mowing or pruning; performing maintenance or upkeep
activities; weatherproo?ng; upgrading electrical systems; paving; painting; repairing
or replacing appliances; replacing or installing ?xtures or other items; and actions relating to
compliance with building codes or other property condition standards. Specify that the preceding
provisions do not prohibit a local governmental unit from requiring a real property owner or the
owner's agent to take certain actions with respect to the property not in connection with the sale or
refinancing of, or the transfer of title to, the property. Provide that an ordinance, resolution, or
policy of a local governmental unit that is in effect on the effective date of the biennial budget act
and that is inconsistent with the preceding prohibition does not apply and may not be enforced.

66. Extension of Water or Sewer Service Between Munietpalities. Authorize a
municipality to request the extension of water or sewer service from another municipality that owns
and operates a water or sewer utility if the request for service is for an area that does not receive
water or sewer service from any public utility or municipality on the date of the request, and the
municipality requesting the service contains an area that receives water or sewer service from the
water or sewer utility owned and operated by the other municipality on the date of the request.
Authorize the municipality requesting the service extension to specify the point on the municipal
water or sewer utility?s system from which service is to be extended to the area that is the subject of
the request. Require the municipality that owns and operates the water or sewer utility to approve or
disapprove the request in writing within 45 days of the date on which the request is made. Prohibit
the municipality owning and operating the water or sewer utility from disapproving a request unless
the utility does not have suf?cient capacity to serve the area that is the subject of the request or if the
request would have a signi?cant adverse effect on the utility. Authorize the municipality making the
request to appeal any decision of the municipality that owns and operates the water or sewer utility
to deny the service extension to the circuit court of the county in which the requesting municipality
is located or is predominately located. Authorize the municipality making the request to proceed
under these provisions even if the municipality that owns and operates the water or sewer utility has
enacted an ordinance or entered an agreement, before the budget bill's general effective date,

Motion #999 Page 22

specifying that the municipality is not obligated to provide utility service beyond the area covered
by the ordinance or agreement.

67. Duties and Powers of the County Executive in Poputous Counties. Modify the
current law provision regarding the duties and powers of the county executive in counties with a
population of 750,000 or more to authorize the county board to continue to exercise authority
related to the acquisition of prOperty with regard to land that is zoned as a park on or a?er the
effective date of the biennial budget act, other than land zoned as a park in the City of Milwaukee
that is located within the area west of Lincoln Memorial Drive, south of East Mason Street, east of
North Van Buren Street, and north of East Clybourn Avenue. Otherwise, authorize the county
executive to exercise the authority vested with the county board under current law provisions with
regard to: making orders concerning county property and commencing and maintaining actions
to protect county interests; transferring county property; (0) constructing, maintaining, and
?nancing county?owned buildings and public works projects; and leasing lands to the
Department of Natural Resources. Modify the current law provision pertaining to the sale or lease
of property that requires actions of the county executive to be consistent with established county
board policy and to be approved by the board to instead allow the county executive's action to not
be consistent with established county board policy and to take effect without submission to or
approval by the county board. Repeal the current law provision stating that the county board may
only approve or reject the contract as negotiated by the county executive. Require the proceeds of
the sale of property under this provision to first be applied to any debt attached to the property.
Specify that the sale of county land by the county executive not take effect until a majority of the
following individuals sign a document certifying that they believe the sale is in the best interest of
the county: the county executive or the executive's designee; the county comptroller or
comptroller?s designee; and an individual who is a resident of the municipality where the property is
located, who has been appointed, at least biennially, by the Executive Council for Milwaukee
County, as defined under current law, who has demonstrable experience in real estate law or real
estate sales or development, and who is not an elective official. Require a copy of that document to
be attached to the bill of sale and require a second copy of that document to be retained by the
county. Authorize the county executive in a county with a population of 750,000 or more to have
sole authority over the following administrative actions and specify that the actions may take effect
without any review or approval of the county board: (1) procurement, including requests for
proposals or information, negotiation, approval, amendment, execution, administration, and
payment; (2) contracting, including negotiation, requests for proposals or information, approval,
amendment, execution, administration, and payment; (3) administrative review of appeals of the
denial in whole or in part of a contract award, an initial permit, license, right, privilege, or authority,
except an alcohol beverage license, for which a person applies through the county; and (4) actions
taken under the administrative manual of operating procedures related to the authority and powers
granted to a county executive under state law and under county ordinances, and specify that the
county executive's action shall prevail over the county board?s action to the extent that the county
executive's action and the county board?s action con?ict. Extend these limitations to a related
provision under current law concerning persons seeking review by a local governing body of a
determination of a local government. Prohibit the county board ?om enacting an ordinance or
adopting a resolution or policy that con?icts or interferes in form or function with the statutory
authority of a county executive.

Motion #999 Page 23

Repeal the current law provisions and remove related language that require the board's
Finance Committee to approve contracts of at least $100,000 but not more than $300,000 and the
county board to approve any contract of more than $300,000 in a county with a population of
750,000 or more. In addition, create a provision Specifying that the county board has no role in the
review of public contracts and that public contracts take effect Without the approval of the county

board.

 

Note:

The following table shows the ?scal effect of the motion.

Educational Communications Board
Student Information System

Special Prosecutor Positions DOJ
Corrections Wheelchair Recycling Program
Appraisals of State-Owned Property DOA
Frank Lloyd Wright Heritage Trail

DWD GPR?Earned

Totals

Net Impact on General Fund Balance

Motion #999

 

 

 

 

Funding Positions
2015-16 2016~l7 2015-17 2015?l6 2016?17
~$l,647,300 1 ,647,300 $3,294,600 -8.60 ?8.60
?2,350,000 0 ?2,350,000 0.00 0.00
220,000 220,000 440,000 0.00 0.00
25,000 25,000 50,000 0.00 0.00
100,000 100,000 200,000 0.00 0.00
500,000 0 500,000 0.00 0.00
-2,673,000 0 2,673,000
$1,605,000 $245,000 $1,360,000 0.00 0.00
-2,673,000 0 0,673,000
-1,547,3 00 6,094,600 ~8.60 -8.60
?$l,068,000 $245,000 $1,313,000 0.00 0.00

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GPR

GPR

GPR

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CPR-REV

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PR