6/24/2015 5:35:00 PM Page 1 2015 DRAFTING REQUEST Senate Amendment (SA-SB21) Received: 6/24/2015 Received By: rchampag For: Legislative Fiscal Bureau Same as LRB: May Contact: By/Representing: Onsager ect: Legislature miscellaneous Drafter: - rchampag Addl. Drafters: Extra Copies: Submit via email: YES Requester's email: Carbon copy (CC) to: jbauer@legis.wisconsin.gov Pre Topic: LFB: ..Onsager - Topic: Records Retention Law for Legislature Instructions: See attached Drafting History: legs1 Reviewed Brgg?gd Submitted hem Reguired rchampag 6f24?2015 wj ackson sbasford 6/24/2015 6/24/2015 FE Sent For: report J-RCCP must address: (1) the costs that are likely to be incurred or saved under the bill; (2) the consistency of penalties proposed in the bill with existing criminal penalties; (3) alternative language needed, if any, to conform penalties proposed in the bill to penalties in existing criminal statutes; and (4) whether acts prohibited under the bill are prohibited under existing criminal statutes. e. 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 theguthority of the Governor to direct ?nancial transactions of any . Delete the authority of the sage prior Wits? enactment of the biennial 5 w. ?3 budget bill. Under current law, no bill containing government or decreasing state reve by either house of the Legislature Governor or the Joint Committee on either house, in writing, for passage, an gas in an anri ceeding be passed budget mypassed both house? except that the - uch bills to the presiding officer of roceed to enact them.? 3 g. Publzc Rear? -3 ,3 orre dence of any of?cer of the . <51 . 2% leg?lig?? servrce agency would not be - i preserii?ition by the Public Records Board. of any member of the legislature are not considered/Enti?tarecords preservation by the Public Records Board. e. a . {i dministrative rules processes and procedures 110administrative rule must submit a scope statement for the to the Governor, but also to the Joint Committee for Review A scope statement of a proposed rule must be presented to Chief Clerk of each house of the legislature. A state agency must resubmit a scope statement 6' a proposed rule to the Chief Clerks of each house if the statement is modified prior to being approved by the Governor. Amend current law to provide that an agency may not send the scope statement for a proposed rule to the Legislative Reference Bureau (LRB) for publication until the Governor issues a written notice of approval of the statement and JCRAR: (1) completes its review of the scope statement; (2) waives its jurisdiction over the scope statement; or (3) the Committee's review period for the scope statement has expired. Specify that the agency include with any scope statement submitted to the LRB the date CRAR completed its review, waived its jurisdiction, or Motion #999draft (June 20) Page 15 ?15112 Hf 2015 2016 LEGISLATURE was LFB: ..Onsager Records Retention Law fOr Legislature FOR 2015?2017 BUDGET NOT READY FOR INTRODUCTION SENATE AMENDMENT TO SENATE BILL 21 16.61 (2) 1. Records and correspondence of any member or Of?cer Of the legislature. any legislative employee under s. 13.20. and anv legislative service agency under subch. IV of ch. History: 1975 c. 41 ss. 15, 52; 1975 c. 198 s. 65; 1915 c. 199; Stats. 1915 5. 16.61; 1977 c. 418; 1979 c. 32, 79, 93; 1979 c. 361 s. 113; 1981c. 335; 1981 c. 350 9 to 12, 13; 1981 c. 391; 1983 21.27, 524; 1985 a. 181155.510 17.30111; 1985 a. 332 s. 251 1987 a. 147 ss. 1 10 16, 25; 1987 a. 186; 1989 a. 31, 10?, 248, 359; 1991 a. 39, 185, 269, 285, 315; 1993 a. 172, 213; 1995 a. 2? ss. 309 to 347, 9126 1995 a. 216, 225; 2001 a. 16; 2003 a. 33; 200? a. 20 s. 9121 (6) 2009 11.42 55. 2. 152. (END) fawn of miamnain RAC:wlj LFB: ..Onsager Records Retention Law for Legislature FOR 2015?2017 BUDGET NOT READY FOR INTRODUCTION SENATE AMENDMENT TO SENATE BILL .21 At the locations indicated, amend the bill as follows: 1. Page 135, line 23: after that line insert: 307111. 16.61 (2) 1. of the statutes is amended tO read: 1661 (2) 1. Records and correspondence of any member or Of?cer Of the legislature._any legislative employee under s. 13.20, and any legislative service agency under subch. IV Of ch. (END) 7/1/2015 10:55:19 AM Page 1 2015 DRAFTING REQUEST Senate Amendment Received: 7/1/2015 Received By: mgallagh For: Legislative Fiscal Bureau Same as LRB: May Contact: By/Representing: Onsager Subject: Legislature miscellaneous Drafter: mgallagh State Govt miscellaneous Addl. Drafters: Extra Copies: Submit via email: YES Requester's email: Legislative Fiscal Bureau Carbon copy (CC) to: jbauer@legis.wisconsin.gov Pre Topic: LFB: ..Onsager Topic: Legislative privilege. Instructions: No speci?c instructions given Drafting History: Vers. Drafted Reviewed Proofed Submitted .1 acketed Required mgallagh eweiss 7/1/2015 7/1/2015 mbarman 7/1/2015 7/1/2015 10:55:20 AM Page 2 FE Sent For: distributed a copy of an earmark transparency report on the biennial budget bill, as amended, to each Member of the Legislature and has made the report available on the legislature's Internet Web site; prohibit a biennial budget bill Conference Committee from adopting any earmark to the budget that was not included in the executive budget bill or amendment thereto that was passed by either house of the Legislature; authorize a biennial budget bill Conference Committee to reduce the amount of any earmark that requires a payment to a speci?c bene?ciary or bene?ciaries, or reduce the cost to the state of any earmark that is a tax deduction, credit, exclusion, or exemption; and every earmark transparency report must contain a list of all earmarks, the cost of each earmark, the bene?ciary of each earmark, and if an amendment to the biennial budget bill, the name of the Representative or Senator who proposed Zieannark. Under current law, an earmark either: authorizes or requires the payment of st to a speci?c bene?ciary or bene?ciaries in a manner not determined by laws of ge "plicability for the selection of the bene?ciary or bene?ciaries; or creates or mo a? taggeduction, credit, exclusion, or exemption that applies to a speci?c bene?ciary oer-heir ?ciarie . ?aa manner not determined by ne?ciary or bane: 'giaries. 27. Legislative Organization and Po g5: Legislature in the following areas as indicated. a. Sta?'ing of the Joint Ch, current law which provides that the designated representatiVe must serve asks; nt of Administration or his or her ,e committee convenes to act on meptember 1, 2015, a clerk of of the committee when iorg?l?tietireni? Delete current law which provides i Sys. be composed of 10 members as party senator, two majority party appointed as are the members of standing an assistant attorney general appointed by the Attorney ember of blic not a participant in any public retirement system in A overnor? (4) the Commissioner of Insurance or an experienced a ce designated by the Commissioner; and (5) the Secretary of Employee Trust $4 her desigu?ee. Instead, provide that continue to be composed of 10 membe .- rsting of ?ve senators and ?ve representatives appointed as are members of standing in their resPective houses. With the elimination of nonlegislator members from delete the requirement that the secretary of SCRS 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 andth a anecessor 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 must not be incompatible with any other public o?ce. e. Legislative Audit Bureau. Amend current law to provide that any audit by the Motion #999draft (June 30) Page 9 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 ?nancial transactions of any department, agency, or officer. g. Public Reecrds. 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 __?n1ber of the legislature are not considered public records for purposes of public records present? :on by the Public Records Board. 28. De?nition of Public Records. Provide materials? would not be considered a public record for purposes of the state'sg?hyc Specify that deliberative materials would mean communications and other? fals, includi'? pepsinions, analyses, brie?ngs, background information, recommendations, ons, drafts, corr??s?: notes, created or prepared in the process of ranging a decision or course of action or in the process of drafting a documfeni; fort}; gting an 0 communication. Deliberative materials would include; ter?authority -: I but would not include: communications who are 11% apthorized to in the process of reaching a decision, drafting a do? . . . "a .11? . - communications With persons other auth law), unless the comm/tiniean is wi ggwof?i?ffice: a communication between the or another person acting on behalf of the ,_,H,_,rgeant staff; a communication between the legislator or another person acting on behalf of the legislator, "the nonpartis??staff; (Eva communication between the legislator, or a person - and a member of the legislator's personal staff; a communication betw" two jjiire members of the nonpartisan staff or clerk and sergeant staff related to the legislative megs of a legislator; a communication between two or more members of the staff; and a commnnication 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 ?om 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 prop03als; the deve10prnent of public policy, including research, analysis, consideration, and discussion of issues relevant to public policy; (0) all aspects of legislative Motion #999draft (June 30) Page 10 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 interning in the of?ce of a legislator. A legislators 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 0 the con?dential nature of all communications, records, and information that may I Further, provide that these legislator privileges or ri be waived only by the express personal waiver of each legislator who may claim nonpartisan sta?, shall not constitute a legal w? former legislative staff member must assert and not legislator Who may claim the legal privilege. s- the leg'slator's personal staff; mil be These provisions related to legislator a) members of the nonpaqi?fsta?; or clerlgor sergeant staff. Q, ?3:7 \f . . . . etc the requ its reference responsrbihties, the LRB: maintam?tl'; afting introduced in prior sessions of the legislature and utilize such record 1L. Ethan on of legislative intent; and retain these drafting elete the requirements that the drafting section of the LRB: requests received during a legislative session while the after ?nal adjournment of a legislative session turn over to the reference section i 9 the ?les for all drafting requests received during a legislative Session which resulted in ?'?t'r?oduced 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 Public Records Law to Legislative Records. Specify that no provision of the state's public records law that conflicts 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. Motion #999draft (June 30) Page 11 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 commnnicating with any staff member of another nonpartisan legislative service agency for the purpose of serving the Legislature and its members or from disclosing any communication, record, or information in accord with a rule, custom, policy, or practice of the Legislature. This provision is e?ective July 1, 2015. 33. Lead-Bearing Paint -- De?nitions and Penalties. Change the de?nition of "lead- bearing pain (from the current statutory de?nition of any paingor other surface coating material containing more than 0.06% lead by weight in liquid paint or . than 0.7 milligrams of lead per square centimeter in the dried ?lm of applied paint) to any ?tier other surface coating containing a by weight in dried paint, or 1.0 ?ent law provision that allows milligram of lead per square centimeter in dried pa' administrative rules to supersede the statutory de?m?, j. than $100 nor i ,000 per violationrl?Specify that the of 33. 254.11 to 254.178, or any iolation). Specify that these gQM'S?i?Eeneral effective date. These an: in :33; . t, preventlon and control of lead? . ilSoutheastern Wisconsin. Require DHS to reimbursement of nonemergency medical I bene?bia?es, to the extent permitted by that contract, Ozaukee, Racine, Walworth, Washington, and Waukesha MA bene?cggies fro gave contract and make alternative arrangements for the provision of no P?girkergency transportation services for bene?ciaries in those counties. Specify that alt?? may be made with counties, health maintenance organizations, or adders. Specify that this change would apply to the contract in effect on the effective daf 2 and would take effect no later than January 1, 2016. ,5 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 reinibursement rates for dental services provided under the dental pilot project would be discontinued for dates of service beginning on the first day of the 3?7"h 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 Motion #999draft (June 30) Page 12 Ta 1 7 $15112 Hf 2015 2016 LEGISLATURE em LFB: ..Onsager Legislative privilege. FOR 2015?2017 BUDGET NOT READY FOR INTRODUCTION SENATE AMENDMENT TO SENATE BILL 21 At the locations indicated, amend the bill as follows: A. Page 77, line 2: after that line insert: INSERT A f2. Page 1704, line 11: after that line insert: INSERT J3. Page 1810, line 7: after that line insert: INSERT J4. Pa 1820, line 14: after that line insert: I 1/ - LEGISLATIVE PRIVILEGE. The treatment of sections 13.97 and 905.17 of the statutes and SECTION 9327 (1 Of this act take effect on July 1, 2015.?. (END) SECTION 13.97 of the statutes is created'to read: 13.97 Confidentiality of priVileged communications and records; collaboration among legislative service agencies. (1) The legislative service agencies under 33. 13.91, 13.92, 13.94, 13.95, and 13.96 shall at all" times observe the con?dential nature of all communications, records, and information that may be subject to the privilegeunder s; 905.17. (2) imposed on nonpartisan legislative service agencies tinder sub; 13.94, 1395; and 13.96 shall not be construed to prohibitany staff member of a nonpartisan legislative service agency from communiCatin'g'with anystaff member of'another nonpartisan legislative service agency'for the porpose of'Servingithe-legislature and its members or from disclosing any communication, recordpor information in accord 1arith a rule, custom, policy, or practice-of the legislature. TM/jo ?Van?quizw?r?fa?h?2a?z?gvr . .. .. I . . . . mah- .1 n: . 95L 15 16 17 sigma the statuteei's created to read: 905.17 Communications; invelving'. legislators and. legislative staff; records. (1) DEFINITIONS. As usedi? t-his'sectioni . ?Clerk staff? means all of the following. . 1. The assembly chief clerk and employees assigned to: thi?lags?hhlir chief clerk?s of?ce. 2. The senate chief clerk and employees: assigned'to the: senate chief clerk?s of?ce. I i - ?Em?leye'e?includespaidand uhp?aid-i-n?erns. 1.-- ef the legislative process,'3hall be broadly consume-93nd incmdesaau-ofthe :fduowing; Researchihg,'drafting, circulatihg; and amending EEK-Li??gg?legislative preposals. A COOSThe development of -I_p1_1blic policy, including research, analysis, consideration, and discussion of issues relevant to public policy. . c. All aspects of legiSlative proceedings. d. All matters related to the policies, practices, and procedures of the legislative branch. e. All matters related to the work of a legislative committee. f. Investigations and oversight. g. Constituent relations. - h. All other functions assigned by law, rule, custom, policy, or practice to the legislature, onelhouse of the legislature, a committee of the legislature, or a member of the legislature. I 2. ?Legislative business? does not include criminal conduct or. political campaigning. ?Legislative staff member? means a member of the clerk staff, Sergeant staff, nonpartisan staff, or personal staff. - ?Legislator? means a current 'or former member of the legislature or a I legislator?elect. - For purposes of the privileges under this section, a legislator?s term of of?ce shall be consideredtobeginoni the date of certi?cation of the legislator?s election to that office. . ?Nonplartisan staff? means the heads and employees of the nonpartisan legislative service agencies under ss. 13.91, 13.92, 13.94, 13.95, and 13.96. ?Personal staff? means the employees assigned to or interning in the Office of a legislator. I I ?Record? means information that is inscribed on a tangible medium or that is stored in an electronic or other-medium and is retrievable in perceivable form. ?Sergeant staff? means all of the follovsfing: 2 1. The at arms and employees assigned to the assembly 3 sergeant at arms?: office; - 4 2. The senate Sergeant at arms and employees assigned to the senate sergeant 5 at arms? of?ce.- I A I - 6 (2) GENERAL RULE oF A legislator has a privilege to refuse to 7 disclose and to prevent a legislative staff- member fr'om disclosing all of the following 8 communications, if made within the course of legislative business. during the 9 legislator?s term of of?ce: 10 1. A_communication between the legislator or a member of the legislator?s 11 personal staff, or another person acting on behalfof the legislator, and a'member of the clerk stafgor sergeant staff. [we mm) fame?gm,? \quir?? . - Mme?? 2 (KW. I 441counlcatI?On between the legilator . or a member of the leg1 tor 13ers? the nonpartisan staff. . v? "Hr: ?rms,? A communication between-the legislator or a'pers'onlactinig on behalf of the 17 egislator and a member of the legislator?s personal staff. I . A Communication between 2 or more members of the nonpartisan staff, clerk 19 staff, or sergeant staff related to the legislative business of a legislator. I . A communication between 2 or more members of the legislator?s personal A _legis1ator or a member of the legislator?s 23 personal staff, or anOther?persona-actingon behalf of the legislator, and any other 24 person. 10_ legislator-heels privilege.to'refuseito disclose and to prevent a legislative staff member from disclosing allrecords relating to a communication made under par. 1. to A legislator has a privilege to refuse to disclose and to prevent a 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. Any privilege that may be claimed bya legislator under pars. to continues to apply with reSpe?ct to Ia'former legislative staff member to the same extent the privilege applied with-respeet to that legislative staff member when he or Ishe was a legislative staff member. - A legislator?s privilege to prevent a personal staff memberlfrom disclosing a communication, record, or information under pars. to only applies with respect to the personal staff of that legislator. . (3) - EXPRESS WAIVER REQUIRED. A privilege under this section maybe waived only by the express personal waiver of each legislator whc') may claim the privilege. Disclosure of a communication, record, or information that is privileged under this section by'any person to any other person, regardless of whether that disclosure is antherized- bytheile'gislatonand including a disclosure under 3. 13.97 (2), shall not constitute a waives I I A legislative staff member or former legislative staff member shall assert and may not waive a privilege under this section on behalf of a legislator Who-may claim the privilege. I a! *c . I, Gretel-Avg? 35.1.11 5; N?etliing in this-"section shallbe construed to limit or?restl?ict - in any way a privilege or other protection available to a legislator under cominon law 1 2 a 01' any other law/section 905.17 _of the statutes ?rst 6 applies to actions. in: Special they; are Sommenced 0n the effective date of this Wm, mrmd?mJ?LL it VJ- w-Wh -- I 3?4 . I 27W. ?zu?w?ri?rs??e'??ai?egnmare-LEIsw-?rmnw?lm??d?h? . . . a 1mm no.00-Joiowe 10 11 giant Hf 2015 2016 LEGISLATURE MPG:emw LFB: ..Onsager Legislative privilege. FOR 2015?2017 BUDGET NOT READY FOR INTRODUCTION SENATE AMENDMENT TO SENATE BILL 21 At the locations indicated, amend the bill as follows: 1. Page 77, line 2: after that line insert: 77b. 13.97 of the statutes-is created to read: 13.97 Confidentiality. Of privileged communications and records; collaboration among legislative service agencies. (1) The legislative service agencies under ss. 13.91, 13.92, 13.94, 13.95, and 13.96 shall at all times observe the con?dential nature Of all communications, records, and information that may be subject to the privilege under s. 905.17. (2) The con?dentiality requirements imposed on nonpartisan legislative service agencies under sub. (1) and ss. 13.91, 13.92, 13.94, 13.95, and 13.96 shall not be construed toprohibit 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 from disclosing any communication, record, or information in accord with a rule, custom, policy, or practice of the legislature?. 2. Page 1704, line 11: after that line insert: 4644s. 905.17 of the statutes is created to read: 905.17 Communications involving legislators and legislative staff; records. (1) DEFINITIONS. As used in this section: ?Clerk staff? means all of the following: 1. The assembly chief clerk and employees assigned to the assembly chief clerk?s of?ce. 2. The senate chief clerk and employees assigned to the senate chief clerk?s of?ce. ?Employee? includes paid and unpaid interns. 1. ?Legislative business? means all asPects of the legislative process, shall be broadly construed, and includes all of the following: a. Researching, drafting, circulating, discussing, introducing, and amending legislative proposals. b. The development of public policy, including research, analysis, consideration, and discussion of issues relevant to public policy. 0. All aspects of legislative proceedings. d. All matters related to the policies, practices, and procedures of the legislative branch. e. All matters related to the work of a legislative committee. 2015 2016 Legislature 3 - Mpg;emw f. Investigations and oversight. g. Constituent relations. h. 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. 2. ?Legislative business? does not include criminal conduct or political campaigning. ?Legislative staff member? means a member of the clerk staff, sergeant staff, nonpartisan staff, or personal staff. ?Legislator? means a current or former member of the legislature or a legislator?elect. For purposes of the privileges under this section, a legislator?s term of of?ce shall be considered to begin on the date of certi?cation of the legislator?s election to that of?ce. ?Nonpartisan staff? means the heads and employees of the nonpartisan legislative service agencies under ss. 13.91, 13.92, 13.94, 13.95, and 13.96. ?Personal staff? means the employees assigned to or interning in the of?ce of a legislator. ?Record? means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. ?Sergeant staff? means all of the following: 1. The assembly sergeant at arms and employees assigned to the assembly sergeant at arms? of?ce. 2. The senate sergeant at arms and employees assigned to the senate sergeant at arms? of?ce. 01?LegiSIature 4 MPGzemw (2) GENERAL RULE or PRMLEGE. A legislator has a privilege to refuse to disclose and to prevent a legislative staff member from disclosing all of the following communications, if made within the course of legislative business during the legislator?s term of of?ce: 1. 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, clerk staff, or sergeant staff. I 2. A communication between the legislator or a person acting on behalf of the legislator and a member of the legislator?s personal staff. 3. A communication between 2 or more members of the nonpartisan staff, clerk staff, or sergeant staff related to the legislative business of a legislator. 4. A communication between 2 or more members of the legislator?s personal staff. 5. 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. A legislator has a privilege to refuse to disclose and to prevent a legislative staff member from disclosing all records relating to a communication made under par. 1. to 5. A legislator has a privilege to refuse to disclose and to prevent a 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. Any privilege that may be claimed by a legislator under pars. to continues to apply with respect to a former legislative staff member to the same 2015 2016 Legislature 5 MPG:emw extent the privilege applied with reSpect to that legislative staff member when he or she was a legislative staff member. A legislator?s privilege to prevent a personal staff member from disclosing a communication, record, or information under pars. to only applies with respect to the personal staff of that legislator. (3) EXPRESS WAIVER REQUIRED. A privilege under this section 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 privileged under this section by any person to any other person, regardless of whether that disclosure is authorized by the legislator and including a disclosure under s. 13.97 (2), shall not constitute a waiver. A legislative staff member or former legislative staff member shall assert and may not waive a privilege under this section on behalf of a legislator who may claim the privilege. (4) CONSTRUCTION. Nothing in this section shall be construed to limit or restrict in any way a privilege or other protection available to a legislator under common law or any other law.?. 3. Page 1810, line 7: after that line insert: PRIVILEGE. The treatment of section 905.17 of the statutes ?rst applies to actions or special proceedings that are commenced on the effective date of this subsection?. 4. Page 1820, line 14: after that line insert: 2 2015 2016 Legislature 6 Mpe;emw LEGISLATIVE PRIVILEGE. The treatment of sections 13.97 and 905.17 of the statutes and SECTION 9327 (1v) of this act take effect on July 1, 2015.?. (END) 7/1/2015 12:25:21 PM Page 1 2015 DRAFTING REQUEST Senate Amendment (SA-S321) Received: 7/1/2015 Received By: mgallagh For: Legislative Fiscal Bureau Same as LRB: May Contact: By/Representing: Onsager Subject: Legislature - miscellaneous Drafter: mgallagh State Govt miscellaneous Add]. Drafters: Extra Copies: Submit via email: YES Requester's email: Legislative Fiscal Bureau Carbon copy (CC) to: jbauer@legis.wisconsin.gov Pre Topic: LFB: ..Onsager - Topic: LRB drafting records. Instructions: No Speci?c instructions given Drafting History: Vers. Drafted Reviewed Proofed Submitted Jacketed Reguired mgallagh kfollett 7/1/2015 7/1/2015 lparisi 7/1/2015 7/1f2015 12:25:22 PM Page 2 FE Sent For: distributed a copy of an earmark transparency report on the biennial budget bill, as amended, to each Member of the Legislature and has made the report available on the Legislature's Internet Web site; prohibit a biennial budget bill Conference Committee horn adopting any earmark to the budget that was not included in the executive budget bill or amendment thereto that was passed by either house of the Legislature; authorize a biennial budget bill Conference Committee to reduce the amount of any earmark that requires a payment to a speci?c bene?ciary or bene?ciaries, or reduce the cost to the state of any earmark that is a tax deduction, credit, exclusion, or exemption; and (?every LFB earmark transparency report must contain a list of all earmarks, the cost of each earmark, the bene?ciary of each earmark, and if an amendment to the biennial budget bill, the name of the Representative or Senator who proposed thegisarmark. Under current law, an earmark either: authorizes or requires the payment of st "iieys to a speci?c bene?ciary or bene?ciaries in a manner not determined by laws of ge iplicability for the selection of the bene?ciary or bene?ciaries; or creates or mod"; duction, credit, exclusion, or exemption that applies to a speci?c bene?ciary 0 .be" ?ciarie 'ea manner not determined by laws of general applicability for the selection of rte?ciary or b?en?l 'piaries. 27. Legislative Organization and P0 egg? 5 Modify the authority Legislature in the following areas as indicated. organization of the er 5. 13.10 of the gander. Delete nt of Administration or his or her a. Sta??ing of the Joint current law which provides that the designated representativc must serve a requests under 3. 13.10 ofthestptutes. speii the committee select - ysrems. Delete current law which provides et?s'f" a; be composed of 10 members as party senator, two majority party I . represeht?liiVe, appointed as are the members of standing . ember of blic xv not a participant in any public retirement system in Wisconsin, to lected by tli E?rovernorii (4) the Commissioner of Insurance or an experienced actuary in the Co a ce designated by the Commissioner; and (5) the Secretary of Employee Trust her design'ee. Instead, provide that continue to be composed of 10 member _.1?ting of ?ve senators and ?ve representatives appointed as are members of standing in their respective houses. With the elimination of nonlegislator members from 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 fear years and until a successor is appointed and quali?ed. Further, delete current law which provides that any member of 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 must not be incompatible with any other public of?ce. e. Legislative Audit Bureau. Amend current law to provide that any audit by the Motion #999draft (June 30) Page 9 Legislative Audit Bureau (LAB) of the operations of the Wisconsin Veterans Home at Chippewa Falls by any private entity wonld 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 ?nancial transactions of any department, agency, or officer. g. 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 In her of the Legislature are not considered public records for purposes of public records prese on by the Public Records Board. 28. De?nition of Public Records. Provide materials" would not be considered a public record for purposes of the state'sg?hhc aw. Specify that deliberative materials would mean communications and other aiigrzials, includiif _,__ppinions, analyses, brie?ngs, background information, recommendations, drafts, ,Lgence about drafts, and notes, created or prepared in the process of r65 a decision policy or course of action or in the process of drafting a docurffge?nat? or forn; airing an communication. Deliberative materials would include;- tpr-authority? ?in W, fhority but would not include: communications wi who are at; ,?ufhorized to in the process of reaching a decision, drafting a do Yd IA communications with persons other tha 29. right to refus disclosing legislatiaZ b, fbf?ce: a communication between the legisla?ti a member perso??lfi?? or another person acting on behalf of the legislatoi?, a member Ofsg ?x 5nrgeant staff; a communication between the legislator or a membera he legislator? or another person acting on behalf of the legislator, nonpartis?ig (39a communication between the legislator, or a person . .0 the legis?lggr, and a member of the legislator's personal staff; a communication betw?e two or ?re members of the nonpartisan staff or clerk and sergeant staff related to the legislative sis of a legislator; a communication between two or more members of the legislator'? .??Ersonal 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 ?om 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 Motion #999draft (June 30) Page 10 proceedings; all matters related to the policies, practices, and procedures of the legislative branch; all matters related to the work of a leg?slative committee; investigations and oversight; constituent relations; and all Other powers, duties, and 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 interning in the office of a legislator. A legislator?s term of office is considered to begin on the date of certi?cation of the legislator?s election to the Legislature. the confidential nature of all ct to these legislator privileges. 1?eape waived only by the express isclosure of a communication, person to ther person, regardless of Require legislative service agencies to at all times 0 communications, records, and information that may bf, Further, provide that these legislator privileges or ?d ?c personal waiver of each legislator who may claim record, or information that is legally privileged whether that disclosure is authorized by the la? _.1a or and including?an authorized disclosure by nonpartisan staff, shall not constitute a legal gnof the privilege. Al jiyative staff member or former legislative staff member must assert and not a legal on behalf of a legislator who may claim the legal privilege. Legile embers members of the leg?slator?s personal staff; the nonBla; staff; or clerk or sergeant staff. These provisions related to legislator any not to limit or restrict in any way in? legislatn .. drafting ?les and other records relating to the LRB must remain con?dential at all . its reference responsibilities, the LRB: drafting record ail-$93 'a introduced in prior sessions of the legislature and utilize . rovide i?or?gtron on a?fg?ons of legislative intent; and retain these drafting records in its at all times @elete tli: requirements that the drafting section of the LRB: -. requests recelved durmg a leglslatrve sessron while the Legislature remains 1' after ?nal adjournment of a legislative session turn over to the reference section of the ?les for all drafting requests received during a legislative session which resulted in't'ii'ritroduced legislation. Eliminate the requirement for the LRB to administer payments associated with costs incurred for microfilming, optical imaging, or electronic formatting of legislative drafting records. This provision is effective and initially applicable July 1, 2015. 31. Application of State Public Records Low 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. Motion #999draft (June 30) Page 11 32. Nonpartison 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 I purpose of serving the Leg'slature and its members or from disclosing any commnnication, 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 -- De?nitions and Penalties. Change the de?nition of "lead- bearing pain (?om the current statutory de?nition of any paintgor other surface coating material containing more than 0.06% lead by weight in liquid paint or than 0.7 milligrams of lead per square centimeter in the dried ?lm of applied paint) to any ,Igror other Surface coating containing more than 0.06% by weight in liquid paint, more than. 7" _by weight in dried paint, or 1.0 milligram of lead per square centimeter in dried pa' ?lete a= gent law provision that allows administrative rules to supersede the statutory tin of "lead?b mg paint" if the Centers for Disease Control and Prevention speci?es a stand at differs ?om sta tatute. than $100 nor 000 per violation. ifs?pacify that the prion of as. 254.11 to 254.178, or any hthan $100 nor more than $5,000 - iolation). Specify that these effective date. These t, prevention and control of lead~ statutes, or rules promulgated, or issued, under more than $1,000, to not less a; Southeastern Wisconsin. Require DHS to .. reimbursement of nonemergency medical Egtance bene?ciaries, to the extent permitted by that contract, K. ee, Ozaukee, Racine, Walworth, Washington, and arias fro" contract and make alternatiVe arrangements for the cal transportation services for bene?ciaries in those counties. ents may be made with counties, health maintenance tier}? roviders. Specify that this change would apply to the contract in and would take effect no later than January 1, 2016. effer Specify that alt? organizations, or tramp a e?ect on the effective chit . it is" a 35. Dental Pilot Program. Clarify that the rate used for dental pr00edures 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 first 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 Motion #999draft (June 30) Page 12 00-5103 10 11 ($13112 of B??iamn?n 2015 2016 LEGISLATURE LFB: ..Onsager LRB drafting records. FOR 2015?2017 BUDGET NOT READY FOR INTRODUCTION SENATE AMENDMENT TO SENATE BILL 21 At the locations indicated, amend the bill as follows: 1. Page 72, line 5: after that line insert: 63d. 13.92 (intro.) Of the statutes is amended to read: 13.92 Legislative reference bureau. (intro) There is created a bureau to be known as the ?Legislative Reference Bureau,? headed by the chief of legislative reference bureau. The legislative reference bureau shall be strictly nonpartisan and shall at all times Observe the con?dential nature of the reference or, drafting? research requests received by it. and all drafting ?les and other records relating to those reguests shall remain con?dential at all times. SECTION 63e. 13.92 (1) 8. of the statutes is repealed. SECTION 63f. 13.92 (1) of the statutes is repealed. 10 11 12 2015 2016 Legislature 2 MPG:kjf SECTION 63g. 13.92 (1) 5. of the statutes is amended to read: 13.92 (1) 5. Micro?lming, optical imaging or electronic formatting of reference materials under par. 1. 2; Page 1810, line 7: after that line insert: DRAFTING RECORDS. The treatment of section 13.92 (introthe statutes ?rst applies to a proposal introduced on the effective date of this subsection?. 3. Page 1820, line 14: after that line insert: ?(10 DRAFTING RECORDS. The treatment of section 13.92 (introthe statutes and 9327 (1f) of this act take effect retroactively to July 1, 2015.?. I (END) 7/1/2015 10:53:53 AM Page 1 201 5 DRAFTING REQUEST Senate Amendment Received: 7/1/2015 Received By: mgallagh For: Legislative Fiscal Bureau Same as LRB: May Contact: By/Representing: Onsager Subject: Legislature - miscellaneous Drafter: mgallagh State Govt - miscellaneous Addl. Dra?ers: Extra Copies: Submit via email: . YES Requester?s email: Legislative Fiscal Bureau Carbon copy (CC) to: jbauer@legis.wisconsin.gov Pre Topic: LFB: ..0nsager Tepic: Collaboration among legislative service agencies Instructions: No speci?c instructions given Drafting History: Vers. Drafted Reviewed Proofed Submitted acketed Required mgallagh kmochal 7/1/2015 7/1/2015 /Pl . lparisi 7/1/2015 lJiBb0455 7/1/2015 10:53:54 AM Page 2 FE Sent For: distributed a copy of an earmark transparency report on the biennial budget bill, as amended, to each Member of the Iegislattue and has made the report available on the Legislature's Internet Web site; prohibit a biennial budget bill Conference Committee from adopting any earmark to the budget that was not included in the executive budget bill or amendment thereto that was passed by either house of the Legislature; authorize a biennial budget bill Conference Committee to reduce the amount of any earmark that requires a payment to a speci?c bene?ciary or bene?ciaries, or reduce the cost to the state of any earmark that is a tax deduction, credit, exclusion, or exemption; and every LFB earmark transparency report must contain a list of all earmarks, the cost of each earmark, the bene?ciary of each earmark, and if an amendment to the biennial budget bill, the name of the RepresentatiVe or Senator who proposed memmk. Under current law, an earmark either: authorizes or requires the payment of sta to a speci?c bene?ciary or bene?ciaries in a manner not determined by laws of ge Initialicability for the selection of the bene?ciary or bene?ciaries; or creates or mo at tax eduction, credit, exclusion, or exemption that applies to a speci?c bene?ciary or/b ?9 laws of general applicability for the selection of . eptember 1, 2015, a clerk of a: segriitary of the committee when an assistant attorney general appointed by the Attorney blic not a participant in any public retirement system in ember of th governor: (4) the Commissioner of Insurance or an experienced lected by tli sioner's designated by the Commissioner; and (5) the Secretary of Employee Trust or hi 9 her design'ee. Instead, provide that continue to be composed of 10 member ?pgrgi?sisting of ?ve senators and ?ve representatives appointed as are members of standing commi ?es in their respective houses. With the elimination of nonlegislator members from 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 SCRS 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 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 o?ce. e. Legislative Audit Bureau. Amend current law to provide that any audit by the Motion #999draft (June 30) Page 9 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 ?nancial transactions of any department, agency, or of?cer. g. 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 ernber of the Legislature are not considered public records for purposes of public records prese tan by the Public Records Board. notes, created or prepared in the process of action or in the process of drafting a docum' pr fem; Deliberative materials would include; ter?authorityi? 'ithority comm but w0uld 'morized to par?cipafte in the process right to refuse to disclo 'or former legislative staff member from . .: a . $1,1th racords if made Within the course of a commumcatron between the .- Igeant staff; 03) a Communication between the legislator or another person acting on behalf of the legislator: a communication between the 16951311?: or a Person cam 1-: the legis:l and a member of the legislators personal staff; a acting on behalf 4 communication but?? two 1' ?are members of the nonpartisan staff or clerk and sergeant staff related to the legislative: gs of a legislator; a communication between two or more members of the 1egislator? pfirsonal 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 office. 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 Motion #999draft (June 30) Page 10 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 interning in the of?ce of a legislator. A legislator's term of office is considered to begin on the date of certi?cation of the legislator's election to the Legislature. the confidential nature of all Require legislative service agencies to at all times 0 communications, records, and information that may Further, provide that these legislator privileges or be waived only by the express personal waiver of each legislator who may claim 'sclosure of a communication, record, or information that is legally privileged Whether that disclosure is authorized by the glator and including nonpartisan staff, shall not constitute a legal former legislative staff member must assert and n3 uthorized disclosure by Cge- A13 til ,tive staff member or on behalf of a a) members of 4.5.. staff; or clerk sergeant staff. o. . tip-at all Hgafting ?les and other records relating to I irked the LRB must remain con?dential at all ions of legislative intent; and retain these drafting elete the requirements that the drafting section of the LRB: maintain the or}? all dr 1; requests received during a legislative session while the Legislature remains A after ?nal adjournment of a legislative session turn over to the reference section of: the ?les for all drafting requests received during a legislative session which resulted 1n?mtroduced legislation. Eliminate the requirement for the LRB to administer payments associated with costs incurred for microfilming, optical imaging, or electronic formatting of legislative drafting records. This provision is effective and initially applicable July 1, 2015. provide infomi ax I i first all time 31. Application of State?s 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. - Motion #999draft (June 30) Page 11 \Nonpartisan Legislative Service Agencies? Communications. Provide that the confr entialit requirements imposed on nonpartisan legislative service agencies may not be construe 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 from 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 -- De?nitions and Penalties. Change the de?nition of "load bearing pain (from the current statutory de?nition of any other surface coating material containing more than 0.06% lead by weight in liquid paint or than 0.7 milligrams of lead per tee to] to ss. 25 254.178 of the statutes, or rules promulgated, or organs issued, undo; itions from than $100 nor more than $1,000, to not less ,000 per violationfSpecify that the than $100 nor more than $5,000 sb?l'ssgeneral effective date. These n. h?T-gu t, anti? prevention and control of lead- ea- penalties apply to th" or to excluth Waukesha contract and make alternative arrangements for the transportation services for bene?ciaries in those counties. may be made with counties, health maintenance gividers. Specify that this change would apply to the contract in 7 i a ill and would take effect no later than January 1, 2016. 3:531. E's 3. :1 effect on the effective da 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 Motion #999draft (June 30) Page 12 10 11 ?brin of miacnnain 2015 2016 LEGISLATURE . MPG: jld&km LFB: ..Onsager Collaboration among legislative service agencies FOR 2015?2017 BUDGET NOT READY FOR INTRODUCTION SENATE AMENDMENT TO SENATE BILL 21 At the locations indicated, amend the bill as follows: 1. Page 77, line 2: after that line insert: 77b. 13.97 of the statutes is created to read: 13.97 Collaboration among legislative service agencies. The con?dentiality requirements imposed on nonpartisan legislative service agencies under ss. 13.91, 13.92, 13.94, 13.95, and 13.96 shall 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 from disclosing any communication, record, or information in accord with a rule, custom, policy, or practice of the legislature?. 2015? 2016 Legislature 2 I 2. Page 1820, line 14: after that line insert: LEGISLATIVE SERVICE AGENCY COLLABORATION. The treatment of section 13.97 of the statutes takes effect on July 1, 2015.?. (END) 7/1/2015 12:46:42 PM Page 1 2015 DRAFTING REQUEST Senate Amendment I Received: 7/1/2015 Received By: mgallagh For: Legislative Fiscal Bureau Same as LRB: May Contact: By/Representing: Onsager Subject: Legislature - miscellaneous Drafter: mgallagh State Govt - miscellaneous Addl. Dra?ers: Extra Copies: Submit via email: YES Requester's email: Legislative Fiscal Bureau Carbon copy (CC) to: jbauer@legis.wisconsin.gov Pre Topic: LFB: ..Onsager Topic: Deliberative process public records exception. Instructions: No speci?c instructions given Drafting History: Vers. Drafted Reviewed Proofed Submitted Jacketed Required mgallagh eweiss 7/1/2015 7/1/2015 /Pl sbasford 7/1/2015 6 7/1/2015 12:46:42 PM Page 2 FE Sent For: distributed a copy of an earmark transparency report on the biennial budget bill, as amended, to each Member of the Legislature and has made the report aVailable on the Legislature?s Internet Web site; prohibit a biennial budget bill Conference Committee from adopting any earmark to the budget that was not included in the executive budget bill or amendment thereto that was passed by either house of the Legislature; authorize a biennial budget bill Conference Committee to reduce the amount of any earmark that requires a payment to a speci?c bene?ciary or bene?ciaries, or reduce the cost to the state of any earmark that is a tax deduction, credit, exclusion, or exemption; and every LFB earmark transparency report must contain a list of all earmarks, the cost of each earmark, the bene?ciary of each earmark, and if an amendment to the biennial budget bill, the name of the Representative or Senator who preposed t? mearmark. Under current law, an earmark either: authorizes or requires the payment of st to a speci?c bene?ciary or bene?ciaries in a manner not determined by laws of ge pplicability for the selection of the bene?ciary or bene?ciaries; or creates or art\ eduction, credit, exclusion, or exemption that applies to a speci?c bene?ciary {be names a manner not determined by laws of general applicability for the selection of ?i erfe?ciary or bier; 27. Legislative Organization and Legislature in the following areas as indicated. a. Sta?ng of the Joint C5 current law which provides that the Si?; be er 3. 13.10 of the Statutes. Delete =urnt of Administration or his or her .1: Vi designated representative must serve g?etireni ?participant in any public retirement system in s; (4) the Commissioner of Insurance or an experienced :ce designated by the Commissioner; and (5) the Secretary of ?her design'ee. Instead, provide that continue to be composed of 10 members: of ?ve senators and ?ve representatives appointed as are members of standing comr?i'??es in their respective houses. With the elimination of nonlegislator members from 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 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 must not be incompatible with any other public of?ce. I 6. Legislative Audit Bureau. Amend current law to provide that any audit by the Motion #999draft (June 30) Page 9 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 ?nancial transactions of any department, agency, or officer. g. 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 Ingmber of the Legislature are not considered public records for purposes of public records pres; by the Public Records Board. 28. De?nition of Public Records. Provide considered a public record for purposes of the state's, materials would 'mean communications and other background information, recommendations, drafts, cories pdence about drafts, and notes, created or prepared in the process of re hing a decision conce or course of action or in the process of drafting a docum?e, formt? ting an communication. DeliberatiVe materials would include ority but would not include: communications wit thorized to in the process of reaching a decision, drafting a dog a communications with persons other that: lit-under the state?s public records law), unless the comm/utmeation is wi i" ?n con the person and an . . . .. 15 plated records if made within the course of a communication between the or another person acting on behalf of the . rgeant staff; a communication between the legislator ptaff; a communication between the legislator, or a person acting on behalf ?rife the legisl gr, and a member of the legislator's personal staff; a communication betwb?? ??gre members of the nonpartisan staff or clerk and sergeant staff related to the legislatlv of a legislator; a' communication between two or more members of the legislator'?if??rsonal 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; all aspects of legislative Motion #999draft (June 30) Page 10 proceedings; all matters related to the policies, practices, and procedures of the legislative branch; all matters related to the work of a legislativc 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 interning in the of?ce of a legislator. A legislators term of office is considered to begin on the date of certi?cation of the legislator's election to the Legislature. . the con?dential nature of all not to these legislator privileges. Require legislative service agencies to at all times 0 communications, records, and information that may Further, provide that these legislator privileges or . personal waiver of each legislator who may claim record, or information that is legally privileged I person to ther person, regardless of whether that disclosure is authorized by the a Dr and including?fan agtho?Zed disclosure by nonpartisan sta?, shall not constitute a legal v93?? of the privilege. Al ,tive staff member or former legislative staff member must assert and not a legal pf? legislator who may claim the legal pgigilege. a) members of staff; or clerk or sergeant staff. Those provisions related to legislator 3:113" a Privilege of other protection available Provide that the observe the con?dential nature of research a. at iZlIafting ?les and other records relating to given the LRB must remain con?dential at all late the requ I its reference responsibilities, the LRB: mahrtaln'tl; drafting recordifl?legislaiim introduced in prior sessions of the legislature and utilize . rovide infoa?? - miwtions of legislative intent; and retain these drafting at all times; lgelete the requirements that the drafting section of the LRB: all requests received during a legislative session while the after ?nal adjournment of a legislative session turn over to the ?les for all drafting requests received during a legislative session which resulted in ?mtroduced 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 '3 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. Motion #999draft (June 30) - Page 11 32. Nonpariisan 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 from 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 -- De?nitions and Penalties. Change the de?nition of "lead bearing pain (from the current statutory de?nition of any paintgor other surface coating material containing more than 0.06% lead by weight in liquid paint 0 0.7 milligrams of lead per square centimeter in the dried ?lm of applied paint) to any? f6; other surface coating containing more than 0.06% by weight in liquid paint, more mm_' i d. by weight in dried paint, or 1.0 milligram of lead per square centimeter in dried pa; pent law provision that allows administrative rules to supersede the statutory de paint" if the Centers for at?at differs from sta tatute. reg relati254.178 of the statutes, or rules promulgated, or ordgri issued, and gs Jjefions from than $100 nor more than $1,000, to not less than nor more ,000 per violation.ngpecify that the criminal penalty for a person Who plates any p?r rule promulgated, or order issued, per violation (current lawgd Provisions would ?rsf: penalties apply to effective date. ?These 493?"; prevention and control of lead- Southeastem Wisconsin. Require DHS to reimbursement of medical transp tion services to the extent permitted by that contract, to exclud efferson, Kc hp, Ozaukec, Racine, Walworth, Washington, and ,1 MA bene??j?gr?cs fro?i . .3. tive arrarfi: Enents may be made with counties, health maintenance organizations, or trans ation?q? ividers. Specify that this change would apply to the contract in 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 first day of the 37th month after the enhanced rcimb?rsement 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 Motion #999draft (June 30) Page 12 :51 ?nite {If 2015 2016 LEGISLATURE Deliberative process public records exception. FOR 2015?2017 BUDGET NOTREADY FOR INTRODUCTION SENATE AMENDMENT TO SENATE BILL 21 6*ng AN 1 At the locations indicated, amend the bill as follows: 2 1. Page 181,1/ine 19: after that line insert: . 3 INSERT 4 2. Page 1815, line 6: after that line insert: 5 INSERT PUBLIC The treatment of section 19.32 (lbbstatutes and SECTION 9352( of this act take effect @11137 1, 2015.?. A 9 (END) . (mo em ?0:3 Am a, 6 5165 13. Page 183?line before that line insert: 7 i munication is within the, scope of acontract between the person and an authority. am? ow; A SECTION 19.32 (lbb) of the statutes is created to read: 19.32 (lbb) ?Deliberative materials? means communications and other materials, including opinions, analyses, brie?ngs, background information, recommendations,suggestions, drafts, correspondence about drafts, and notes, that are 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? include interauthority and intra?authority communications, but do not include: Communications with persons who are not authorized to participate in the process of reaching a decision, drafting a document, or formulating an of?cial communication. Communications other than an authority, unless the SECTION 19.32 (2) of the statutes is amended to read: 19.32 (2) ?Record? means any material on which written, drawn, printed, spoken, visual, or electromagnetic information or electronically generated or stored data is recorded or preserved, regardless of physical form or characteristics, which that has been created or is being kept by an authority. ?Record? includes, but is not limited to, handwritten, typed, or printed pages, maps, charts, photographs, films, recordings, tapes, optical disks, and any other medium on which electronically - . .. ?aim?: Wail? rm can - 1. . .35 it?: rm; am: (.5 Hoax-Hens; .. v. .J- Luwzer-y? a? generated or stored data is recorded or preserved. ?Record? does not include drafts, notes, preliminary computations; and like materials prepared for the .originator?s personal use or prepared by the originator in the name of a person for Whom the originator is working;.deliberatire 'rnaterialg- materials whieh 1313; are purely the personal property of the custodian and have no relation to his or her of?ce; materials to which access is lirnited by 0r bequest; and published materials in the possession of an authority other than a public library Whieh are available for sale, or whisk mat are available f0?hspectiohpoblic library/(?ima- W1 A .. -.-. - 911:. sum- Em. WT PM mm?mw ?ll?luu?a away-.muwm" . - ?.45an9 6?7 (2 PUBLIC RECORDS. The treatment. of section 19.32 (1131)) and (2) of the statutes . 3W 9 ?rst applies to a request for-inspection,- copying, 10 or disclosure of a record under sectien 19.35 (1) 0f the statutes that is received on the effective date of this . subsection4 . . coco?acacia: 10 ?tatc 11f mi?t?n?in 2015 2016 LEGISLATURE LFB: ..Onsager Deliberative process public records exception. FOR 2015?201'? BUDGET NOT READY FOR INTRODUCTION SENATE AMENDMENT TO SENATE BILL 21 At the locations indicated, amend the bill as follows: 1. Page 181, line 19: after that line insert: 453i. 19.32 (lbb) of the statutes is created to read: 19.32 (lbb) ?Deliberative materials? means communications and other materials, including opinions, analyses, brie?ngs, background information, recommendations, suggestions, drafts, correspondence about drafts, and notes, that are 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 materials? include interauthority and communication. ?Deliberative intra?authority communications, but do not include: 21 22 23 2015 2016 Legislature 2 - MPG;emw Communications with persons who are not authorized to participate in the process of reaching a decision, drafting a document, or formulating an of?cial communication. I Communications with persons other than an authority, unless the communication is within the scope of a contract between the person and an authority. SECTION 453j. 19.32 (2) of the statutes is amended to read: 19.32 (2) ?Record? means any material on which written, drawn, printed, spoken, visual, or electromagnetic information or electronically generated or stored data is recorded or preserved, regardless of physical form or characteristics, which th_at has been created or is being kept by an? authority. ?Record? includes, but is not limited to, handwritten, typed, or printed pages, maps, charts, photographs, ?lms, recordings, tapes, optical disks, and any other medium on which electronically generated or stored data is recorded or preserved. ?Record? does not include drafts, notes, preliminary computations, and like materials prepared for the originator?s personal use or prepared by the originator in the name of a person for whom the originator is working; deliberative materials; materials which ,th_a_t are purely the personal property of the custodian and have no relation to his or her of?ce; materials to which access is limited by copyright, patent, or bequest; and published materials in the possession of an authority other than a public library which are available for sale, or which that are available for inSpection at a public library?; 2. Page 1815, line 6: after that line insert: PUBLIC RECORDS. The treatment of section 19.32 (lbb) and (2) of the statutes ?rst applies to a request for' inspection, copying, or disclosure of a record 0301;43- 2015 2016 Legislature 3 - MPG;emw under section 19.35 (1) of the statutes that is received on the effective date of this subsection.?. 3. Page 1835, line 1: before that line insert: PUBLIC RECORDS. The treatment of section 19.32 (lbb) and (2) of the statutes and SECTION 9352 (2u) of this act take effect retroactively to July 2015.?. (END) 7 7/1/2015 12:25:26 PM Page 1 2015 DRAF TING REQUEST Senate Amendment Received: 7/1/2015 Received By: mgallagh For: Legislative Fiscal Bureau Same as LRB: May Contact: By/Representing: Onsager Subject: Legislature - miscellaneous Drafter: mgallagh State Govt - miscellaneous Addl. Drafters: Extra Copies: Submit via email: YES Requester's email: Legislative Fiscal Bureau Carbon copy (CC) to: jbauer@legis.wisconsin.gov Pre Topic: LFB: ..0nsager - Topic: Legislative rule or policy regarding legislative records. Instructions: No specific instructions given I Drafting History: Vers. Drafted Reviewed Proofed Submitted acketed Required mgallagh kfollett 7/1/2015 7/1/2015 /Pl - lparisi 7/1/2015 7 7/1/2015 12:25:26 PM Page 2 FE Sent For: distributed a copy of an earmark transparency report on the biennial budget bill, as amended, to each Member of the Legislature and has made the report available on the Legislature's Internet Web site; prohibit a biennial budget bill Conference Committee from adopting any earmark to the budget that was not included in the executive budget bill or amendment thereto that was passed by either house of the Legislature; (is) authorize a biennial budget bill Conference Committee to reduce the amount of any earmark that requires a payment to a speci?c bene?ciary or bene?ciaries, or reduce the cost to the state of any earmark that is a tax deduction, credit, exclusion, or exemption; and every LFB earmark transparency report must contain a list of all earmarks, the cost of each earmark, the bene?ciary of each earmark, and if an amendment to the biennial budget bill, the name of the Representative or Senator who proposed Learmark. Under current law, an earmark either: authorizes or requires the payment of st gii?ieys to a speci?c bene?ciary or bene?ciaries in a manner not determined by laws of ge for the selection of the bene?ciary or bene?ciaries; or creates or mo a deduction, credit, exclusion, or exemption that applies to a speci?c bene?ciary 0 she" ?ciarie ?aa manner not determined by laws of general applicability for the selection of ne?ciary or bend 'jgiaries. 27. Legislative Organization and P0 Legislature in the following areas as indicated. al eptember 1, 2015, a clerk of hm? the committee selecte 1 1 se?c?ii?iitary of the committee when a? that the . n?Sys. he composed of 10 members as party senator, two majority party repres ntzi?ire, appointed as are the members of standing committe ouseii. an assistant attorney general appointed by the Attorney General; ember of blic not a participant in any public retirement system in Wisconsin, to giselected by (4) the Commissioner of Insurance or an errperienced actuary in the C0 sioner's ce designated by the Commissioner; and (5) the Secretary of Employee Trust I hi her design'ee. Instead, provide that continue to be composed of 10 member: :gsisting of ?ve senators and ?ve representatives appointed as are members of standing commi?ges in their respective houses. With the elimination of nonlegislator members from 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 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 must not be incompatible with any other public of?ce. e. Legislative Audit Bureau. Amend current law to provide that any audit .by the Motion #999draft (June 30) Page 9 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 ?nancial transactions of any department, agency, or of?cer. g. 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 prese by the Public Records Board. 28. De?nition of Public Records. Provide considered a public record for purposes of the state'g 4,13 pinions, analyses, brie?ngs, igstfons, drafts, corres g. ,policy or course of action or in the process of drafting a document pr form?, an 0 . av ?lo?ty 00mm but would Jiiho materials would'mean communications and other Bx about drafts, and notes, created or prepared in the process of relaying a decision conce communication. Deliberative materials would include tor?authority\ I: rized to participifte in the process I -- official communication; and (as de?u?munder the state's public records sco - a con ,galbetween the person and an rappnt a out "or former legislative staff member from - ps ain? plated records if made within the course of aof?fi??ce: a communication between the or another person acting on behalf of the Irgeant staff; a communication between the legislator or another person acting on behalf of the legislator, "i (cg? a communication between the legislator, or a person the and a member of the legislator's personal staff; a communication betw? two on ?re members of the nonpartisan staff or clerk and sergeant staff related to the legislative gas of a legislator; a communication between two or more - members of the legislator?" ?hrsonal staff; and a commnnication 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 sta? 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 office. 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; all aspects of legislatiVe Motion #999draft (June 30) Page 10 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, of 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 interning 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. the confidential nature of all j??let to these legislator privileges. Further, provide that these legislator privileges or - be waived only by the express personal waiver of each legislator who may claim Effirrv?ege.? ?sclosure of a communication, record, or information that is legally privileged person to? other person, regardless of Require legislative service agencies to at all times 0 communications, records, and information that may be, the legislator's personal staff; These provisions related to legjslator 916 a privilege or other protection available . at es observe the con?dential nature of research i? ?afting files and other records relating to the LRB must remain con?dential at all 1 carry'QgH-ihiut its reference responsibilities, the LRB: introduced in prior sessions of the legislature and utilize 911 on of legislative intent; and retain these drafting :Delete the requirements that the drafting section of the LRB: maintain the (Tot all requests received during a legislative session while the . . Eta. . Leglslature remains after ?nal adjournment of a legislative session turn over to the reference section 0 session which resulted in?intro the ?les for all drafting requests received during a legislative duced legislation. Eliminate the requirement for the LRB to administer payments associated with costs incurred for microfilming, optical imaging, or electronic formatting of legislative drafting records. This provision is effective and initially applicable July 1, 20 pplication of State is Public Records Law to Legislative Records. Specify that no 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. Motion #999draft (June 30) Page 11 32. Nonpar'tisan 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 commnnicating with any staff member of another nonpartisan leg?slative service agency for the purpose of serving the Legislature and its members or from 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 -- De?nitions and Penalties. Change the de?nition of "lead- bearing pain (from the current statutory de?nition of any pa' other surface coating material containing more than 0.06% lead by weight in liquid paint or 1e than 0.7 milligrams of lead per square centimeter in the dried ?lm of applied paint) to any ?or other surface coating containing more than 0.06% by weight in liquid paint, more than by weight in dried paint, or 1.0 milligram of lead per square centimeter in dried *Belete an: nt law provision that allows paint" if the Centers for administrative rules to supersede the statutory of "lead? 254.178 of the ., than $100 nor an per violationwapecify that the criminal penalty for a person who kno Linn: rule promulgated, or order issued, If $100 nor more than $5,000 ggiolation). Specify that these 3.19111 sifglieneral' effective ?date. These ?Y?Z?A'irm t, prevention and control of lead- Soatheastem Wisconsin. Require DHS to arranges}; reimbursement of nonemergency medical iptance bene?ciaries, to the extent permitted by that contract, Ozaukee, Racine, Walworth, Washington, and Waukesha 5 contract and make alternative arrangements for the provision of nog??ergency transportation services for bene?ciaries in those counties. Specify that tive ents may be made with counties, health maintenance organizations, or gatio Eviders. Specify that this change would apply to the contract in effect on the effective da ill and would take e?ect no later than January 1, 2016. to exclude; 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 first 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 Motion #999draft (June 30) Page 12 <10) $1312 at Wisconsin 2015 2016 LEGISLATURE MPG:kjf LFB: ..Onsager Legislative rule or policy regarding legislative records. FOR 2015?2017 BUDGET NOT READY FOR INTRODUCTION SENATE AMENDMENT TO SENATE BILL 21 At the locations indicated, amend the bill as follows: 1. Page 135, line 23: after that line insert: 307 5. 16.61 (14) Of the statutes is created to read: 16.61 (14) CERTAIN RECORDS OF THE LEGISLATIVE BRANCH. No provision of this section that con?icts with a rule or policy of the senate or assembly or joint rule or policy of the legislature shall apply tO a public record that is subject to such rule or policy?. 2. Page 181, line 19: after that line insert: 453p. 19.38 Of the statutes is created to read: 2015 2016 Legislature 2 19.38 Legislative records. No provision of this subchapter that con?icts with a rule or policy of the senate or assembly or joint rule or policy of the legislature shall apply to a record that is subject to such rule or policy?. 3. Page 1820, line 14: after that line insert: LEGISLATIVE RECORDS. The treatment of sections 16.61 (14) and 19.38 of the statutes takes effect retroactively to July 1, 2015.?. (END)