478.
Page 1226, line 10: after that line insert:
"SECTION 3603b. 100.23 (5) (b) (intro.) of the statutes is amended to read:
100.23 (5) (b) (intro.) Has a current annual report on file with the secretary of state department of financial institutions which satisfies all of the following requirements:
SECTION 3604b. 100.23 (5) (b) 2. of the statutes is amended to read:
100.23 (5) (b) 2. Is on a form furnished to the association by the secretary of state department of financial institutions using information given as of the date of the execution of the report.
SECTION 3605b. 100.23 (5) (b) 4. of the statutes is amended to read:
100.23 (5) (b) 4. Is filed with the secretary of state department of financial institutions in each year following the year in which the association first filed the annual report required under this paragraph, during the calendar year quarter in which the anniversary of the filing occurs.
SECTION 3606b. 100.23 (6) (intro.) of the statutes is amended to read:
100.23 (6) (title) SECRETARY OF STATE DEPARTMENT OF FINANCIAL INSTITUTIONS DUTIES. (intro.) The secretary of state department of financial institutions shall:
SECTION 3607b. 100.23 (6) (c) of the statutes is amended to read:
100.23 (6) (c) Upon receipt of a report required under sub. (5) (b), determine if the report satisfies the requirements of sub. (5) (b). If the secretary of state department of financial institutions determines that the report does not satisfy all of those requirements, the secretary of state department of financial institutions shall return the report to the association which filed it, along with a notice of any correction required. If the association files a corrected report within 30 days after the association receives that notice, the report shall be deemed timely filed for purposes of sub. (5) (b) 4.".
479.
Page 1237, line 4: after that line insert:
"SECTION 3649m. 101.02 (20) of the statutes is created to read:
101.02 (20) The department of industry, labor and human relations shall establish a procedure for that department to provide to the state public defender and the department of administration any information that the department of industry, labor and human relations may have concerning an individual's wages to assist the state public defender and the department of administration in collecting payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1).
SECTION 3649r. 101.02 (20) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 103.005 (20).".
480.
Page 1258, line 5: before the last period insert: "and any other job training program for veterans administered by the department".
481.
Page 1260, line 11: before the last period insert: "and any other job training program for veterans administered by the department".
482.
Page 1265, line 2: delete lines 2 to 8.
483.
Page 1265, line 13: on lines 13 and 16, restore the stricken material and delete the underscored material.
484.
Page 1265, line 25: delete the material beginning with that line and ending with page 1266, line 20.
485.
Page 1274, line 6: after that line insert:
"SECTION 3742b. 102.17 (1) (a) of the statutes is amended to read:
102.17 (1) (a) Upon the filing with the department by any party in interest of any application in writing stating the general nature of any claim as to which any dispute or controversy may have arisen, it shall mail a copy of such application to all other parties in interest and the insurance carrier shall be deemed a party in interest. The department may bring in additional parties by service of a copy of the application. The department shall cause notice of hearing on the application to be given to each party interested, by service of such notice on the interested party personally or by mailing a copy to the interested party's last-known address at least 10 days before such hearing. In case a party in interest is located without the state, and has no post-office address within this state, the copy of the application and copies of all notices shall be filed in the office of the secretary of state with the department of financial institutions and shall also be sent by registered or certified mail to the last-known post-office address of such party. Such filing and mailing shall constitute sufficient service, with the same effect as if served upon a party located within this state. The hearing may be adjourned in the discretion of the department, and hearings may be held at such places as the department designates, within or without the state. The department may also arrange to have hearing held by the commission, officer or tribunal having authority to hear cases arising under the worker's compensation law of any other state, of the District of Columbia, or of any territory of the United States, the testimony and proceedings at any such hearing to be reported to the department and to be part of the record in the case. Any evidence so taken shall be subject to rebuttal upon final hearing before the department.".
486.
Page 1274, line 6: after that line insert:
"SECTION 3741g. 102.07 (14) of the statutes is amended to read:
102.07 (14) An adult performing uncompensated community service work under s. 971.38, 973.03 (3), 973.05 (3) or, 973.09 or 973.095 is an employe of the county in which the district attorney requiring or the court ordering the community service work is located or in which the place of assignment under s. 973.095 is located. No compensation may be paid to that employe for temporary disability during the healing period.".
487.
Page 1274, line 7: delete lines 7 to 22.
488.
Page 1276, line 4: delete lines 4 to 11.
489.
Page 1276, line 25: delete the material beginning with that line and ending with page 1277, line 14.
490.
Page 1287, line 19: delete the material beginning with that line and ending with page 1288, line 4.
491.
Page 1292, line 14: delete that line and substitute:
"SECTION 3765m. 104.04 of the statutes is amended to read:
104.04 Classifications; department's authority. The department shall investigate, ascertain, determine and fix such reasonable classifications, and shall impose general or special orders, determining the living-wage, and shall carry out the purposes of ss. 104.01 to 104.12. Such investigations, classifications and orders shall be made pursuant to the proceeding in ss. 101.01 to 101.25, which are hereby made a part hereof, so far as not inconsistent with ss. 104.01 to 104.12; and every order of the department shall have the same force and effect as the orders issued pursuant to said ss. 101.01 to 101.25, and the penalties therein shall apply to and be imposed for any violation of ss. 104.01 to 104.12. In determining the living-wage, the department may consider the effect that an increase in the living-wage might have on the economy of the state, including the effect of a living-wage increase on job creation, retention and expansion, on the availability of entry-level jobs and on regional economic conditions within the state. The department may not establish a different minimum wage for men and women. Said orders shall be subject to review in the manner provided in ch. 227.
SECTION 3765p. 104.04 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:".
492.
Page 1292, line 24: after the last period insert: "In determining the living-wage, the department may consider the effect that an increase in the living-wage might have on the economy of the state, including the effect of a living-wage increase on job creation, retention and expansion, on the availability of entry-level jobs and on regional economic conditions within the state.".
493.
Page 1296, line 6: restore the stricken material.
494.
Page 1296, line 7: restore "department of"; after "services" insert "revenue"; restore the stricken comma; and restore "state or".
495.
Page 1296, line 12: restore the stricken material.
496.
Page 1297, line 12: delete the material beginning with that line and ending with page 1298, line 8.
497.
Page 1298, line 24: after that line insert:
"SECTION 3782am. 110.08 (2) of the statutes is amended to read:
110.08 (2) Except as provided under s. 343.16 (1) (b) and (c), all examinations for operator's licenses and permits shall be given by state examiners.".
498.
Page 1302, line 2: delete "at any time" and substitute "on or after October 1, 1998".
499.
Page 1305, line 9: after that line insert:
"SECTION 3783b. 111.07 (2) (a) of the statutes is amended to read:
111.07 (2) (a) Upon the filing with the commission by any party in interest of a complaint in writing, on a form provided by the commission, charging any person with having engaged in any specific unfair labor practice, it shall mail a copy of such complaint to all other parties in interest. Any other person claiming interest in the dispute or controversy, as an employer, an employe, or their representative, shall be made a party upon application. The commission may bring in additional parties by service of a copy of the complaint. Only one such complaint shall issue against a person with respect to a single controversy, but any such complaint may be amended in the discretion of the commission at any time prior to the issuance of a final order based thereon. The person or persons so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the notice of hearing. The commission shall fix a time for the hearing on such complaint, which will be not less than 10 nor more than 40 days after the filing of such complaint, and notice shall be given to each party interested by service on the party personally or by mailing a copy thereof to the party at the party's last-known post-office address at least 10 days before such hearing. In case a party in interest is located without the state and has no known post-office address within this state, a copy of the complaint and copies of all notices shall be filed in the office of the secretary of state with the department of financial institutions and shall also be sent by registered mail to the last-known post-office address of such party. Such filing and mailing shall constitute sufficient service with the same force and effect as if served upon the party located within this state. Such hearing may be adjourned from time to time in the discretion of the commission and hearings may be held at such places as the commission shall designate.".
500.
Page 1312, line 5: after that line insert:
"SECTION 3789x. 111.32 (3) of the statutes is amended to read:
111.32 (3) "Conviction record" includes, but is not limited to, information indicating that an individual has been convicted of any felony, misdemeanor or other offense, has been adjudicated delinquent, has been less than honorably discharged, or has been placed on probation or community supervision, fined, imprisoned or paroled pursuant to any law enforcement or military authority.".
501.
Page 1313, line 4: delete lines 4 to 25 and substitute:
"SECTION 3793am. 111.70 (1) (a) of the statutes is amended to read:
111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representatives representative of its municipal employes in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employe to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. (4) (m) and (n) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employes under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours and conditions of employment of the municipal employes in a collective bargaining unit. In creating this subchapter the legislature recognizes that the public municipal employer must exercise its powers and responsibilities to act for the government and good order of the municipality jurisdiction which it serves, its commercial benefit and the health, safety and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to public municipal employes by the constitutions of this state and of the United States and by this subchapter.
SECTION 3793c. 111.70 (1) (dm) of the statutes, as created by 1993 Wisconsin Act 16, section 2207ahm, is repealed and recreated to read:
111.70 (1) (dm) "Economic issue" means any issue that creates a new or increased financial liability upon the municipal employer, including salaries, overtime pay, sick leave, payments in lieu of sick leave usage, vacations, clothing allowances in excess of the actual cost of clothing, length-of-service credit, continuing education credit, shift premium pay, longevity pay, extra duty pay, performance bonuses, health insurance, life insurance, vacation pay, holiday pay, lead worker pay, temporary assignment pay, retirement contributions, severance or other separation pay, hazardous duty pay, certification or license payment, job security provisions, limitations on layoffs and contracting or subcontracting of work that would otherwise be performed by municipal employes in the collective bargaining unit with which there is a labor dispute.
SECTION 3793e. 111.70 (1) (nc) of the statutes, as created by 1993 Wisconsin Act 16, section 2207aho, is repealed and recreated to read:
111.70 (1) (nc) 1. "Qualified economic offer" means an offer made to a labor organization by a municipal employer that includes all of the following, except as provided in subd. 2.:
a. A proposal to maintain the percentage contribution by the municipal employer to the municipal employes' existing fringe benefit costs as determined under sub. (4) (cm) 8s., and to maintain all fringe benefits provided to the municipal employes in a collective bargaining unit, as such contributions and benefits existed on the 90th day prior to expiration of any previous collective bargaining agreement between the parties, or the 90th day prior to commencement of negotiations if there is no previous collective bargaining agreement between the parties.
b. In any collective bargaining unit in which the municipal employe positions were on August 12, 1993, assigned to salary ranges with steps that determine the levels of progression within each salary range during a 12-month period, a proposal to provide for a salary increase of at least one full step for each 12-month period covered by the proposed collective bargaining agreement, beginning with the expiration date of any previous collective bargaining agreement, for each municipal employe who is eligible for a within range salary increase, unless the increased cost of providing such a salary increase, as determined under sub. (4) (cm) 8s., exceeds 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the proposed collective bargaining agreement, or unless the increased cost required to maintain the percentage contribution by the municipal employer to the municipal employes' existing fringe benefit costs and to maintain all fringe benefits provided to the municipal employes, as determined under sub. (4) (cm) 8s., in addition to the increased cost of providing such a salary increase, exceeds 3.8% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the proposed collective bargaining agreement, in which case the offer shall include provision for a salary increase for each such municipal employe in an amount at least equivalent to that portion of a step for each such 12-month period that can be funded after the increased cost in excess of 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit is subtracted, or in an amount equivalent to that portion of a step for each such 12-month period that can be funded from the amount that remains, if any, after the increased cost of such maintenance exceeding 1.7% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for each 12-month period is subtracted on a prorated basis, whichever is the lower amount.
c. A proposal to provide for an average salary increase for each 12-month period covered by the proposed collective bargaining agreement, beginning with the expiration date of any previous collective bargaining agreement, for the municipal employes in the collective bargaining unit at least equivalent to an average cost of 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for each 12-month period covered by the proposed collective bargaining agreement, beginning with the expiration date of any previous collective bargaining agreement, including that percentage required to provide for any step increase and any increase due to a promotion or the attainment of increased professional qualifications, as determined under sub. (4) (cm) 8s., unless the increased cost of providing such a salary increase, as determined under sub. (4) (cm) 8s., exceeds 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the proposed collective bargaining agreement, or unless the increased cost required to maintain the percentage contribution by the municipal employer to the municipal employes' existing fringe benefit costs and to maintain all fringe benefits provided to the municipal employes, as determined under sub. (4) (cm) 8s., in addition to the increased cost of providing such a salary increase, exceeds 3.8% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the collective bargaining agreement, in which case the offer shall include provision for a salary increase for each such period for the municipal employes covered by the agreement at least equivalent to an average of that percentage, if any, for each such period of the prorated portion of 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit that remains, if any, after the increased cost of such maintenance exceeding 1.7% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for each 12-month period and the cost of a salary increase of at least one full step for each municipal employe in the collective bargaining unit who is eligible for a within range salary increase for each 12-month period is subtracted from that total cost.
2. "Qualified economic offer" may include a proposal to provide for an average salary decrease for any 12-month period covered by a proposed collective bargaining agreement, beginning with the expiration date of any previous collective bargaining agreement, for the municipal employes covered by the agreement, in an amount equivalent to the average percentage increased cost of maintenance of the percentage contribution by the municipal employer to the municipal employes' existing fringe benefit costs, as determined under sub. (4) (cm) 8s., and the average percentage increased cost of maintenance of all fringe benefits provided to the municipal employes represented by a labor organization, as such costs and benefits existed on the 90th day prior to commencement of negotiations, exceeding 3.8% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit required for maintenance of those contributions and benefits for that 12-month period if the increased cost of maintenance of those costs and benefits exceeds 3.8% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for that 12-month period.".
502.
Page 1314, line 1: delete lines 1 to 5 and substitute:
"SECTION 3794am. 111.70 (1) (ne) of the statutes is amended to read:
111.70 (1) (ne) "School district professional employe" means a municipal employe who is a professional employe and who is employed by to perform services for a school district, who holds a license issued by the state superintendent of public instruction under s. 115.28 (7), and whose employment requires that license.
SECTION 3794c. 111.70 (1) (nm) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed is recreated to read:
111.70 (1) (nm) "Strike" includes any strike or other concerted stoppage of work by municipal employes, and any concerted slowdown or other concerted interruption of operations or services by municipal employes, or any concerted refusal to work or perform their usual duties as municipal employes, for the purpose of enforcing demands upon a municipal employer. Such conduct by municipal employes which is not authorized or condoned by a labor organization constitutes a "strike", but does not subject such labor organization to the penalties under this subchapter. This paragraph does not apply to collective bargaining units composed of municipal employes of any county or municipal employes who are engaged in law enforcement or fire fighting functions.
SECTION 3794d. 111.70 (3) (a) 4. of the statutes is amended to read:
111.70 (3) (a) 4. To refuse to bargain collectively with a representative of a majority of its employes in an appropriate collective bargaining unit. Such refusal shall include action by the employer to issue or seek to obtain contracts, including those provided for by statute, with individuals in the collective bargaining unit while collective bargaining, mediation or fact-finding concerning the terms and conditions of a new collective bargaining agreement is in progress, unless such individual contracts contain express language providing that the contract is subject to amendment by a subsequent collective bargaining agreement. Where the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employes in an appropriate bargaining unit does in fact have that support, it may file with the commission a petition requesting an election to that claim. An employer shall not be deemed to have refused to bargain until an election has been held and the results thereof certified to the employer by the commission. The violation shall include, though not be limited thereby, to the refusal to execute a collective bargaining agreement previously agreed upon. A violation also includes a failure to advise a labor organization whether the municipal employer accepts or rejects a fact-finder's recommendations under sub. (4) (ce) 2. The term of any collective bargaining agreement shall not exceed 3 years.
SECTION 3794e. 111.70 (3) (a) 7. of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:
111.70 (3) (a) 7. To refuse or otherwise fail to implement an arbitration decision lawfully made under sub. (4) (cm).
SECTION 3794f. 111.70 (3) (b) 3. of the statutes is amended to read:
111.70 (3) (b) 3. To refuse to bargain collectively with the duly authorized officer or agent of a municipal employer, provided it is the recognized or certified exclusive collective bargaining representative of employes in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously agreed upon. A violation also includes a failure by a labor organization to advise a municipal employer whether it accepts or rejects a fact-finder's recommendations under sub. (4) (ce) 2.
SECTION 3794g. 111.70 (3) (b) 6. of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:
111.70 (3) (b) 6. To refuse or otherwise fail to implement an arbitration decision lawfully made under sub. (4) (cm).
SECTION 3794gg. 111.70 (3) (b) 7. of the statutes is created to read:
111.70 (3) (b) 7. In the case of municipal employes of a county, other than those engaged in law enforcement or fire fighting functions, to engage in, or induce or encourage any municipal employes to engage in a strike or other concerted refusal to perform their usual duties as municipal employes.
SECTION 3794h. 111.70 (4) (c) (title) of the statutes is amended to read:
111.70 (4) (c) (title) Methods for peaceful settlement of disputes; law enforcement and fire fighting personnel.
SECTION 3794i. 111.70 (4) (c) 4. of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:
111.70 (4) (c) 4. 'Applicability.' This paragraph applies only to municipal employes who are engaged in law enforcement or fire fighting functions.
SECTION 3794j. 111.70 (4) (ce) of the statutes is created to read:
111.70 (4) (ce) Methods for peaceful settlement of disputes; nonprotective county employes. 1. 'Mediation.' The commission may function as a mediator in any labor dispute. Such mediation may be carried on by a person designated to act by the commission upon request of one or both of the parties or upon initiation of the commission. The function of the mediator shall be to bring the parties together voluntarily under such favorable auspices as will tend to effectuate settlement of the dispute, but neither the commission nor a mediator shall have the power of compulsion.
2. 'Fact-finding.' a. If a dispute has not been settled after a reasonable period of negotiation and after the settlement procedures, if any, established by the parties have been exhausted, the parties jointly may petition the commission, in writing, to initiate fact-finding and to make recommendations to resolve the dispute.
b. Upon receipt of a petition to initiate fact-finding, the commission shall make an investigation with or without a formal hearing, to determine whether a deadlock exists. After its investigation the commission shall certify the results thereof. If the commission certifies that a deadlock exists, it shall appoint a qualified, disinterested person or, if jointly requested by the parties, a 3-member panel to function as a fact finder.
c. The fact finder may establish dates and places of hearings, and shall conduct the hearings pursuant to rules established by the commission. Upon request, the commission shall issue subpoenas for hearings conducted by the fact finder. The fact finder may administer oaths. Upon completion of the hearing, the fact finder shall make written findings of fact and recommendations for resolution of the dispute and shall cause them to be served on the parties and the commission. Costs of fact-finding proceedings shall be divided equally between the parties. At the time the fact finder submits a statement of his or her costs to the parties, the fact finder shall submit a copy thereof to the commission at its Madison office.
d. Any fact finder may endeavor to mediate the dispute in which the fact finder is involved at any time prior to the issuance of the fact finder's recommendations.
e. Within the time period mutually agreed upon by the parties, or if no time period is agreed to within 30 days after receipt of the fact-finder's recommendations, each party shall advise the other, in writing, as to its acceptance or rejection, in whole or in part, of the fact finder's recommendations and, at the same time, transmit a copy of such notice to the commission at its Madison office.
3. 'Remedies in event of strike.' Upon establishing that a strike is in progress, the employer may either seek an injunction or file a prohibited practice charge with the commission under sub. (3) (b) 7. or both. The existence of an administrative remedy does not constitute grounds for denial of injunctive relief. The occurrence of a strike and the participation therein by municipal employes do not affect the rights of the municipal employer, in law or in equity, to deal with the strike, including:
a. The right to impose discipline, including discharge, or suspension without pay, of any municipal employe participating in the strike.
b. The right to cancel the reinstatement eligibility of any municipal employe engaging in the strike.
