Amendment AA26-ASA1-AB150

AB150-ASA1-AA26,168,15 " Section 3800am. 111.70 (4) (d) 2. a. of the statutes is amended to read:

AB150-ASA1-AA26,169,13 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective bargaining unit for the purpose of collective bargaining and shall whenever possible, unless otherwise required under this subchapter, avoid fragmentation by maintaining as few collective bargaining units as practicable in keeping with the size of the total municipal work force. In making such a determination, the commission may decide whether, in a particular case, the municipal employes in the same or several departments, divisions, institutions, crafts, professions or other occupational groupings constitute a collective bargaining unit. Before making its determination, the commission may provide an opportunity for the municipal employes concerned to determine, by secret ballot, whether or not they desire to be established as a separate collective bargaining unit. The commission shall not decide, however, that any unit is group of municipal employes constitutes an appropriate collective bargaining unit if the unit group includes both municipal employes who are school district professional employes and municipal employes who are not school district professional employes. The commission shall not decide that any other group of municipal employes constitutes an appropriate collective bargaining unit if the group includes both professional employes and nonprofessional employes, unless a majority of the professional employes vote for inclusion in the unit. The commission shall not decide that any unit is group of municipal employes constitutes an appropriate collective bargaining unit if the unit group includes both craft employes and noncraft employes unless a majority of the craft employes vote".

AB150-ASA1-AA26,169,14 504. Page 1315, line 3: after that line insert:

AB150-ASA1-AA26,169,16 " Section 3800m. 111.70 (4) (L) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,169,21 111.70 (4) (L) Strikes prohibited. Except as authorized under par. (cm) 5. and 6. c., nothing contained in this subchapter constitutes a grant of the right to strike by any municipal employe or labor organization, and such strikes are hereby expressly prohibited. Paragraph (cm) does not authorize any strike after an injunction has been issued against such strike under sub. (7m).".

AB150-ASA1-AA26,169,22 505. Page 1315, line 21: after that line insert:

AB150-ASA1-AA26,169,23 " Section 3801am. 111.70 (4) (n) of the statutes is created to read:

AB150-ASA1-AA26,170,4 111.70 (4) (n) Permissive subjects of collective bargaining. The municipal employer is not required to bargain collectively with the representative of a collective bargaining unit consisting of school district professional employes with respect to the identity of any group health care benefits provider.

AB150-ASA1-AA26, s. 3801b Section 3801b. 111.70 (7) of the statutes, as affected by 1993 Wisconsin Act 16, is renumbered 111.70 (7) (a).

AB150-ASA1-AA26, s. 3801d Section 3801d. 111.70 (7) (b) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,170,10 111.70 (7) (b) This subsection applies only to municipal employes who are engaged in law enforcement or fire fighting functions.

AB150-ASA1-AA26, s. 3801f Section 3801f. 111.70 (7m) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,170,19 111.70 (7m) Injunctive relief; penalties; civil liability. (a) Injunction; prohibited strike. At any time after the commencement of a strike which is prohibited under sub. (4) (L), the municipal employer or any citizen directly affected by such strike may petition the circuit court for an injunction to immediately terminate the strike. If the court determines that the strike is prohibited under sub. (4) (L), it shall issue an order immediately enjoining the strike, and in addition shall impose the penalties provided in par. (c).

AB150-ASA1-AA26,171,6 (b) Injunction; threat to public health or safety. At any time after a labor organization gives advance notice of a strike under sub. (4) (cm) which is expressly authorized under sub. (4) (cm), the municipal employer or any citizen directly affected by such strike may petition the circuit court to enjoin the strike. If the court finds that the strike poses an imminent threat to the public health or safety, the court shall, within 48 hours after the receipt of the petition but after notice to the parties and after holding a hearing, issue an order immediately enjoining the strike, and in addition shall order the parties to submit a new final offer on all disputed issues to the commission for final and binding arbitration as provided in sub. (4) (cm). The commission, upon receipt of the final offers of the parties, shall transmit them to the arbitrator or a successor designated by the commission. The arbitrator shall omit preliminary steps and shall commence immediately to arbitrate the dispute.

AB150-ASA1-AA26,171,13 (c) Penalties. 1. `Labor organizations.' a. Any labor organization which violates sub. (4) (L) shall be penalized by the suspension of any dues check-off agreement and fair-share agreement between the municipal employer and such labor organization for a period of one year. At the end of the period of suspension, any such agreement shall be reinstated unless the labor organization is no longer authorized to represent the municipal employes covered by such dues check-off or fair-share agreement or the agreement is no longer in effect.

AB150-ASA1-AA26,171,16 b. Any labor organization which violates sub. (4) (L) after an injunction has been issued shall be required to forfeit $2 per member per day, but not more than $10,000 per day. Each day of continued violation constitutes a separate offense.

AB150-ASA1-AA26,171,24 2. `Individuals.' Any individual who violates sub. (4) (L) after an injunction against a strike has been issued shall be fined $10. Each day of continued violation constitutes a separate offense. After the injunction has been issued, any municipal employe who is absent from work because of purported illness is presumed to be on strike unless the illness is verified by a written report from a physician to the municipal employer. The court shall order that any fine imposed under this subdivision be paid by means of a salary deduction at a rate to be determined by the court.

AB150-ASA1-AA26,172,5 3. `Strike in violation of award.' Any person who authorizes or otherwise participates in a strike after the issuance of any final and binding arbitration award or decision under sub. (4) (cm) and prior to the end of the term of the agreement which the award or decision amends or creates shall forfeit not less than $15. Each day of continued violation constitutes a separate offense.

AB150-ASA1-AA26,172,7 4. `Contempt of court.' The penalties provided in this paragraph do not preclude the imposition by the court of any penalty for contempt provided by law.

AB150-ASA1-AA26,172,10 (d) Compensation forfeited. No municipal employe may be paid wages or salaries by the municipal employer for the period during which he or she engages in any strike.

AB150-ASA1-AA26,172,15 (e) Civil liability. Any party refusing to include an arbitration award or decision under sub. (4) (cm) in a written collective bargaining agreement or failing to implement the award or decision, unless good cause is shown, shall be liable for attorney fees, interest on delayed monetary benefits, and other costs incurred in any action by the nonoffending party to enforce the award or decision.

AB150-ASA1-AA26,172,18 (f) Application. This subsection does not apply to strikes involving municipal employes of any county or municipal employes who are engaged in law enforcement or fire fighting functions.

AB150-ASA1-AA26, s. 3801h Section 3801h. 111.70 (8) (a) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,172,25 111.70 (8) (a) This section, except subs. (1) (nm), (4) (cm) and (7m), applies to law enforcement supervisors employed by a 1st class city. This section, except subs. (1) (nm), (4) (cm) and (jm) and (7m), applies to law enforcement supervisors employed by a county having a population of 500,000 or more. For purposes of such application, the term "municipal employe" includes such a supervisor.".

AB150-ASA1-AA26,173,1 506. Page 1315, line 21: after that line insert:

AB150-ASA1-AA26,173,6 "5. Any decision of a school board or board of school directors to contract for the establishment of a charter school under s. 118.40, in which one or more of the employes of the charter school is not a school district employe, or the impact of any such decision on the wages, hours or conditions of employment of the municipal employes who perform services for the school board or board of school directors.".

AB150-ASA1-AA26,173,8 507. Page 1316, line 8: delete the material beginning with that line and ending with page 1317, line 19 and substitute:

AB150-ASA1-AA26,173,10 " Section 3803p. 111.71 (2) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,173,22 111.71 (2) The commission shall assess and collect a filing fee of $25 from the party or parties filing a complaint alleging that a prohibited practice has been committed under s. 111.70 (3). The commission shall assess and collect a filing fee of $25 from the party or parties filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.70 (4) (c) 2. or (cm) 4. If such a request concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for arbitration. A complaint or request for arbitration is not filed until the date such fee or fees are paid. Fees collected under this subsection shall be deposited as general purpose revenue-earned.".

AB150-ASA1-AA26,173,23 508. Page 1318, line 1: after "2." insert "or (cm) 4.".

AB150-ASA1-AA26,173,24 509. Page 1319, line 4: after that line insert:

AB150-ASA1-AA26,174,2 " Section 3803u. 111.71 (3) (c) of the statutes, as affected by 1993 Wisconsin Act 16, section 2213p, is repealed and recreated to read:

AB150-ASA1-AA26,174,7 111.71 (3) (c) The council on municipal collective bargaining shall continuously review the operation of the dispute settlement procedures under s. 111.70 (4) (cm) and (7m). The council shall submit its recommendations with respect to any amendment to s. 111.70 (4) (cm) or (7m) to the chief clerk of each house of the legislature under s. 13.172 (2) at the commencement of each legislative session.

AB150-ASA1-AA26, s. 3803v Section 3803v. 111.71 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,174,14 111.71 (3) (d) The council on municipal collective bargaining shall review each pending legislative proposal relating to modification of the dispute settlement procedures under s. 111.70 (4) (cm) or (7m) and shall report its findings and recommendations relating to the proposal to the chief clerk of each house of the legislature for referral to the appropriate standing committees under s. 13.172 (3).

AB150-ASA1-AA26, s. 3803w Section 3803w. 111.71 (4) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,174,21 111.71 (4) The commission shall collect on a systematic basis information on the operation of the arbitration law under s. 111.70 (4) (cm). The commission shall report on the operation of the law to the legislature on an annual basis. The report shall be submitted to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

AB150-ASA1-AA26, s. 3803x Section 3803x. 111.71 (5) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,175,8 111.71 (5) The commission shall, on a regular basis, provide training programs to prepare individuals for service as arbitrators or arbitration panel members under s. 111.70 (4) (cm). The commission shall engage in appropriate promotional and recruitment efforts to encourage participation in the training programs by individuals throughout the state, including at least 10 residents of each congressional district. The commission may also provide training programs to individuals and organizations on other aspects of collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining. The commission may charge a reasonable fee for participation in the programs.

AB150-ASA1-AA26, s. 3805m Section 3805m. 111.77 (9) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,175,12 111.77 (9) Section 111.70 (4) (c) 3. and (cm) shall not apply to employments covered by this section.".

AB150-ASA1-AA26,175,13 510. Page 1334, line 8: after that line insert:

AB150-ASA1-AA26,175,14 " Section 3844mc. 114.002 (4) of the statutes is repealed.

AB150-ASA1-AA26, s. 3844me Section 3844me. 114.002 (11) of the statutes is amended to read:

AB150-ASA1-AA26,175,18 114.002 (11) "Antique aircraft" means an aircraft more than 35 years old as determined by the which has a date of manufacture of 1944 or earlier and which is used solely for recreational or display purposes.

AB150-ASA1-AA26, s. 3844mg Section 3844mg. 114.002 (13) of the statutes is repealed.

AB150-ASA1-AA26, s. 3844mj Section 3844mj. 114.20 (1) (title) of the statutes is amended to read:

AB150-ASA1-AA26,175,21 114.20 (1) (title) Annual registration Registration required.

AB150-ASA1-AA26, s. 3844mm Section 3844mm. 114.20 (1) (a) of the statutes is amended to read:

AB150-ASA1-AA26,176,5 114.20 (1) (a) Except as provided under sub. (2), all aircraft based in this state shall be registered by the owner of the aircraft with the department annually on or before November 1 or, for aircraft with a maximum gross weight of not more than 3,000 pounds that are not subject to sub. (10), biennially on or before the first November 1. Annual registration fees shall be determined in accordance with sub. (9) or (10). Biennial registration fees shall be determined in accordance with sub. (9m).

AB150-ASA1-AA26, s. 3844mp Section 3844mp. 114.20 (1) (b) of the statutes is amended to read:

AB150-ASA1-AA26,176,10 114.20 (1) (b) Aircraft determined by the department to be based in this state shall be subject to the annual or biennial registration fees under sub. (9) or (9m). Aircraft which are determined to be not based in this state shall be exempt from the annual or biennial registration fees.

AB150-ASA1-AA26, s. 3844mr Section 3844mr. 114.20 (2) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,176,14 114.20 (2) (title) Exceptions to annual registration requirements. (intro.) The annual registration requirements under sub. (1) do not apply to aircraft based in this state that are:

AB150-ASA1-AA26, s. 3844mt Section 3844mt. 114.20 (2) (c) of the statutes is repealed.

AB150-ASA1-AA26, s. 3844mw Section 3844mw. 114.20 (5) of the statutes is amended to read:

AB150-ASA1-AA26,177,3 114.20 (5) Unairworthy aircraft. Any person desiring to have an aircraft designated as an unairworthy aircraft may apply to the department in the manner the department prescribes. No application may be acted upon unless all information requested is supplied. Upon receipt of an application and a registration fee of $5 to be established by rule and after determining from the facts submitted and investigation that the aircraft qualifies as an unairworthy aircraft, the department shall issue an unairworthy aircraft certificate. The certificate shall expire upon transfer of ownership or restoration. An aircraft is presumed restored if it is capable of operation. The annual registration fee is due on the date of restoration. Operation of the aircraft is conclusive evidence of restoration. An additional administrative fee of $5 A late payment charge to be established by rule shall be charged assessed on all applications filed later than 30 days after the date of restoration.

AB150-ASA1-AA26, s. 3844mx Section 3844mx. 114.20 (5) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA1-AA26,177,17 114.20 (5) Unairworthy aircraft. Any person desiring to have an aircraft designated as an unairworthy aircraft may apply to the department in the manner the department prescribes. No application may be acted upon unless all information requested is supplied. Upon receipt of an application and a registration fee to be established by rule and after determining from the facts submitted and investigation that the aircraft qualifies as an unairworthy aircraft, the department shall issue an unairworthy aircraft certificate. The certificate shall expire upon transfer of ownership or restoration. An aircraft is presumed restored if it is capable of operation. The annual or biennial registration fee is due on the date of restoration. Operation of the aircraft is conclusive evidence of restoration. A late payment charge to be established by rule shall be assessed on all applications filed later than 30 days after the date of restoration.

AB150-ASA1-AA26, s. 3844pc Section 3844pc. 114.20 (7) of the statutes is repealed.

AB150-ASA1-AA26, s. 3844pe Section 3844pe. 114.20 (9) (a) to (c) of the statutes are renumbered 114.20 (9m) (a) to (c) and amended to read:

AB150-ASA1-AA26,177,21 114.20 (9m) (a) Not more than 2,000$ 30 $ 60

AB150-ASA1-AA26,177,22 (b) Not more than 2,50039 78

AB150-ASA1-AA26,177,23 (c) Not more than 3,00050 100

AB150-ASA1-AA26, s. 3844pg Section 3844pg. 114.20 (9) (d) of the statutes is amended to read:

AB150-ASA1-AA26,177,25 114.20 (9) (d) Not more than 3,50070 $ 70

AB150-ASA1-AA26, s. 3844pj Section 3844pj. 114.20 (9m) (intro.) of the statutes is created to read:

AB150-ASA1-AA26,178,5 114.20 (9m) Biennial registration fees. (intro.) Except as provided in sub. (10), the owner of an aircraft subject to the biennial registration requirements under sub. (1) shall pay a biennial registration fee established in accordance with the following gross weight schedule:

AB150-ASA1-AA26,178,6 [Maximum gross [Annual

AB150-ASA1-AA26,178,7 Weight in pounds] fee]

AB150-ASA1-AA26, s. 3844pm Section 3844pm. 114.20 (12) of the statutes is amended to read:

AB150-ASA1-AA26,179,2 114.20 (12) (title) Initial annual registration. For new aircraft, aircraft not previously registered in this state or unregistered aircraft for which annual registration is required under sub. (9), the fee for the initial year of registration shall be computed from the date of purchase, restoration, completed construction or entry of the aircraft into this state on the basis of one-twelfth of the registration fee specified in sub. (9) multiplied by the remaining number of months in the current registration year which are not fully expired. For new aircraft, aircraft not previously registered in this state or unregistered aircraft for which biennial registration is required under sub. (9m), the fee for the initial 2-year period of registration shall be computed from the date of purchase, restoration, completed construction or entry of the aircraft into this state on the basis of one twenty-fourth of the registration fee specified in sub. (9m) multiplied by the remaining number of months in the current 2-year registration period which are not fully expired. Application for registration shall be filed within 30 days from the date of purchase, restoration, completed construction or entry of the aircraft into this state and if filed after that date an additional administrative fee of $5 shall be charged. If the date of purchase, restoration, completed construction or entry into this state is not provided by the applicant, the full annual or biennial registration fee provided in sub. (9) or (9m) shall be charged for registering the aircraft.

AB150-ASA1-AA26, s. 3844pp Section 3844pp. 114.20 (13) (b) 1. of the statutes is amended to read:

AB150-ASA1-AA26,179,7 114.20 (13) (b) 1. If an annual registration fee is not paid by November 1, from November 2 to April 30, the department shall add a late payment charge of $50 or 10% of the amount specified for the registration under sub. (9) or (10), whichever is greater, to the fee.

AB150-ASA1-AA26, s. 3844pr Section 3844pr. 114.20 (13) (b) 1. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA1-AA26,179,13 114.20 (13) (b) 1. If an annual or biennial registration fee is not paid by November 1, from November 2 to the following April 30, the department shall add a late payment charge of $50 or 10% of the amount specified for the registration under sub. (9), (9m) or (10), whichever is greater, to the fee.

AB150-ASA1-AA26, s. 3844ps Section 3844ps. 114.20 (13) (b) 2. of the statutes is amended to read:

AB150-ASA1-AA26,179,18 114.20 (13) (b) 2. If an annual registration fee is not paid by April 30, from May 1 to October 31, the department shall add a late payment charge of $50 or 20% of the amount specified for the registration under sub. (9) or (10), whichever is greater, to the fee.

AB150-ASA1-AA26, s. 3844pt Section 3844pt. 114.20 (13) (b) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA1-AA26,179,25 114.20 (13) (b) 2. If an annual or biennial registration fee is not paid by the following April 30, from May 1 to October 31 or, for a biennial registration, the end of the biennial period, the department shall add a late payment charge of $50 or 20% of the amount specified for the registration under sub. (9), (9m) or (10), whichever is greater, to the fee.

AB150-ASA1-AA26, s. 3844pv Section 3844pv. 114.20 (13) (b) 3. of the statutes is repealed.

AB150-ASA1-AA26, s. 3844pw Section 3844pw. 114.20 (13) (b) 5. of the statutes is amended to read:

AB150-ASA1-AA26,180,3 114.20 (13) (b) 5. This paragraph applies after October 31, 1989 1995.

AB150-ASA1-AA26, s. 3844py Section 3844py. 114.20 (15) (b) of the statutes is amended to read:

AB150-ASA1-AA26,180,9 114.20 (15) (b) The lien against the aircraft for the original registration fee shall attach at the time the fee is first payable, and the lien for all renewals of annual registration shall attach on November 1 of each year thereafter and the lien for all renewals of biennial registration shall attach on the first November of the registration period and every 2 years thereafter.".

AB150-ASA1-AA26,180,10 511. Page 1338, line 16: after that line insert:

AB150-ASA1-AA26,180,11 " Section 3858m. 115.28 (39) of the statutes is created to read:

AB150-ASA1-AA26,180,13 115.28 (39) Adult literacy. Designate an employe of the department as the adult literacy advocate to establish a statewide program to improve adult literacy.".

AB150-ASA1-AA26,180,14 512. Page 1343, line 3: delete lines 3 to 10.