2003 Wisconsin Act 33

33,1917 Section 1917. 106.215 (3) of the statutes is repealed.

33,1918 Section 1918. 106.215 (3m) of the statutes is repealed.

33,1919 Section 1919. 106.215 (4) of the statutes is repealed.

33,1920 Section 1920. 106.215 (5) of the statutes is repealed.

33,1921 Section 1921. 106.215 (6) of the statutes is repealed.

33,1922d Section 1922d. 106.215 (7) of the statutes is repealed.

33,1927 Section 1927. 106.215 (8) of the statutes is repealed.

33,1928 Section 1928. 106.215 (8g) of the statutes is repealed.

33,1929 Section 1929. 106.215 (8m) of the statutes is repealed.

33,1930 Section 1930. 106.215 (9) of the statutes is repealed.

33,1931 Section 1931. 106.215 (10) (title) of the statutes is repealed.

33,1932 Section 1932. 106.215 (10) (a) of the statutes is repealed.

33,1933 Section 1933. 106.215 (10) (b) of the statutes is repealed.

33,1934 Section 1934. 106.215 (10) (c) of the statutes is repealed.

33,1935 Section 1935. 106.215 (10) (e) of the statutes is repealed.

33,1936 Section 1936. 106.215 (10) (f) of the statutes is repealed.

33,1937 Section 1937. 106.215 (10) (fm) of the statutes is repealed.

33,1938 Section 1938. 106.215 (10) (g) (title) and 1. of the statutes are repealed.

33,1939 Section 1939. 106.215 (10) (g) 1m. of the statutes is repealed.

33,1940 Section 1940. 106.215 (10) (g) 2. of the statutes is repealed.

33,1941 Section 1941. 106.215 (10) (g) 2m. of the statutes is repealed.

33,1942 Section 1942. 106.215 (10) (g) 3. of the statutes is renumbered 106.217 and amended to read:

106.217 Wisconsin conservation corps education vouchers. The An education voucher under s. 106.215 (10) (g) 1m. or 2m., 2001 stats., is valid for 4 years after the date of issuance for the payment of tuition and required program activity fees at any institution of higher education, as defined in 20 USC 1002, that accepts the voucher. The board department shall authorize payment to the institution of face value of the voucher upon presentment.

33,1943 Section 1943. 106.215 (10) (g) 4. of the statutes is repealed.

33,1944 Section 1944. 106.215 (10) (h) of the statutes is repealed.

33,1945 Section 1945. 106.215 (11) of the statutes is repealed.

33,1946 Section 1946. 106.215 (12) of the statutes is repealed.

33,1947 Section 1947. 106.215 (13) of the statutes is repealed.

33,1948 Section 1948. 106.217 of the statutes, as affected by 2003 Wisconsin Act .... (this act), is repealed.

33,1949 Section 1949. 106.26 (4) of the statutes is repealed.

33,1952 Section 1952. 107.30 (10) of the statutes is amended to read:

107.30 (10) "Mining damage appropriation" means the appropriation under s. 20.445 (4) (b) 20.143 (3) (a).

33,1953 Section 1953. 107.31 (5) (a) (intro.) of the statutes is amended to read:

107.31 (5) (a) Calculation. (intro.) The mining damage reserve accumulation is calculated by subtracting the total amount of all mining damages awards paid from the appropriation under s. 20.445 (4) (a), 2001 stats., beginning on May 22, 1980 or paid from the appropriation under s. 20.143 (3) (a) from the sum of:

33,1954 Section 1954. 108.15 (6) (c) of the statutes is amended to read:

108.15 (6) (c) If such delinquency is finally established under s. 108.10, the fund's treasurer shall, in case such unit receives a share of any state tax or any type of state aid, certify to the state treasurer secretary of administration the existence and amount of such delinquency.

33,1955 Section 1955. 108.15 (6) (d) (intro.) of the statutes is amended to read:

108.15 (6) (d) (intro.) Upon receipt of such certification, the state treasurer secretary of administration shall withhold, from each sum of any such tax or aid thereafter payable to the government unit, until the delinquency is satisfied, the lesser of the following amounts:

33,1956 Section 1956. 108.15 (6) (e) of the statutes is amended to read:

108.15 (6) (e) Any amount withheld by the state treasurer secretary of administration under par. (d) shall be paid by the state treasurer secretary of administration to the fund's treasurer, who shall duly credit such payment toward satisfying the delinquency.

33,1957 Section 1957. 108.161 (3) of the statutes is amended to read:

108.161 (3) Consistently with this chapter and said section 903, such moneys shall be used solely for benefits or employment security administration by the department, including unemployment insurance, employment service, apprenticeship programs, and related statistical operations.

33,1958 Section 1958. 108.161 (4) (c) of the statutes is amended to read:

108.161 (4) (c) Specifying that the appropriated amounts are available for obligation solely within the 2 years beginning on the appropriation law's date of enactment. This paragraph does not apply to the appropriation under s. 20.445 (1) (nd).

33,1959 Section 1959. 108.162 (3) of the statutes is amended to read:

108.162 (3) The amount obligated under this section during any fiscal year may not exceed the aggregate of all amounts credited under s. 108.161 (1), including amounts credited under s. 108.161 (8), reduced by the amount obligated under s. 20.445 (1) (nb) and (nd) and further reduced at the time of any obligation by the sum of the moneys obligated and charged against any of the amounts thus credited.

33,1960 Section 1960. 108.20 (2) of the statutes is amended to read:

108.20 (2) All amounts received by the department for the administrative account shall be paid over to the state treasurer secretary of administration and credited to that account for the administration of this chapter and the employment service, for the payment of benefits chargeable to the account under s. 108.07 (5) and for the purposes specified in sub. (2m).

33,1960m Section 1960m. 111.09 (1) of the statutes is amended to read:

111.09 (1) The commission may adopt reasonable and proper rules and regulations relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee, established by rule, by the commission at a uniform rate per page. All transcript fees shall be credited to the appropriation account under s. 20.425 (1) (i), except that fees collected in excess of the uniform rate per page for any transcript produced by a reporter who is not employed by the commission shall be credited to the appropriation account under s. 20.425 (1) (g).

33,1961 Section 1961. 111.335 (1) (cv) of the statutes is amended to read:

111.335 (1) (cv) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ in a position in the classified service, or in a position described in s. 230.08 (2) (k), or as a corps enrollee with the Wisconsin conservation corps under s. 106.215 (1) (c) a person who has been convicted under 50 USC, Appendix, section 462 for refusing to register with the selective service system and who has not been pardoned.

33,1962 Section 1962. 111.375 (1) of the statutes is amended to read:

111.375 (1) Except as provided under sub. (2), this This subchapter shall be administered by the department. The department may make, amend and rescind such rules as are necessary to carry out this subchapter. The department or the commission may, by such agents or agencies as it designates, conduct in any part of this state any proceeding, hearing, investigation or inquiry necessary to the performance of its functions. The department shall preserve the anonymity of any employee who is the aggrieved party in a complaint of discrimination in promotion, compensation or terms and conditions of employment, of unfair honesty testing or of unfair genetic testing against his or her present employer until a determination as to probable cause has been made, unless the department determines that the anonymity will substantially impede the investigation.

33,1963 Section 1963. 111.375 (2) of the statutes is amended to read:

111.375 (2) This subchapter applies to each agency of the state except that complaints of discrimination, unfair honesty testing or unfair genetic testing against the agency as an employer shall be filed with and processed by the personnel commission under s. 230.45 (1) (b). Decisions of the personnel commission are subject to review under ch. 227.

33,1966 Section 1966. 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 representative of its municipal employees 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 employee to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. (4) (m), (n), and (o) 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 employees 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 employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the 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 municipal employees by the constitutions of this state and of the United States and by this subchapter.

33,1985m Section 1985m. 111.70 (4) (n) of the statutes is created to read:

111.70 (4) (n) Municipal employer-initiated change in health care coverage plan provider. Notwithstanding the terms of a collective bargaining agreement, in any collective bargaining unit other than a unit consisting of law enforcement or fire fighting personnel a municipal employer may unilaterally change its employees' health care coverage plan to a health care coverage plan under s. 40.51 (7) or a health care coverage plan that is substantially similar to a plan offered under s. 40.51 (7) without the consent of any affected employee in the collective bargaining unit. The commission shall use the criteria in rules promulgated by the commissioner of insurance under s. 601.41 (12) to determine if health care coverage plans are substantially similar. Any such unilateral change in health care coverage plan provider is not a violation of a collective bargaining agreement or a prohibited practice under sub. (3) (a) and, for purposes of a qualified economic offer, satisfies the requirement to maintain fringe benefits under sub. (1) (nc).

33,1985n Section 1985n. 111.70 (4) (o) of the statutes is created to read:

111.70 (4) (o) Prohibited subject of collective bargaining. In collective bargaining units other than units consisting of law enforcement or fire fighting personnel, a municipal employer is prohibited from bargaining collectively with respect to the employer's selection of a health care coverage plan if the municipal employer offers to enroll the employees in a health care coverage plan under s. 40.51 (7) or in a health care coverage plan that is substantially similar to a plan offered under s. 40.51 (7). The commission shall use the criteria in rules promulgated by the commissioner of insurance under s. 601.41 (12) to determine if health care coverage plans are substantially similar.

33,1986m Section 1986m. 111.71 (1) of the statutes is amended to read:

111.71 (1) The commission may adopt reasonable rules relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee, established by rule, by the commission at a uniform rate per page. All transcript fees shall be credited to the appropriation account under s. 20.425 (1) (i), except that fees collected in excess of the uniform rate per page for any transcript produced by a reporter who is not employed by the commission shall be credited to the appropriation account under s. 20.425 (1) (g).

33,1987m Section 1987m. 111.81 (5) of the statutes is repealed.

33,1988m Section 1988m. 111.81 (14) of the statutes is created to read:

111.81 (14) "Office" means the office of state human resources management.

33,1988s Section 1988s. 111.815 of the statutes is amended to read:

111.815 Duties of state. (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The department office shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the department office shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining units specified in s. 111.825 (1m) and (2) (f), the department office is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the department office that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2) (f), the governing board of the charter school established by contract under s. 118.40 (2r) (cm) is responsible for the employer functions under this subchapter.

(2) In the furtherance of the policy under s. 111.80 (4), the secretary of the department shall establish a collective bargaining capability within the department outside of the division of merit recruitment and selection and director of the office shall, together with the appointing authorities or their representatives, represent the state in its responsibility as an employer under this subchapter except with respect to negotiations in the collective bargaining units specified in s. 111.825 (1m) and (2) (f). The secretary of the department director of the office shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.

(3) With regard to collective bargaining activities involving employees who are assistant district attorneys, the secretary of the department director of the office shall maintain close liaison with the department secretary of administration.

33,1989m Section 1989m. 111.83 (3) of the statutes is amended to read:

111.83 (3) Whenever a question arises concerning the representation of employees in a collective bargaining unit the commission shall determine the representative thereof by taking a secret ballot of the employees and certifying in writing the results thereof to the interested parties and to the secretary of the department director of the office. There shall be included on any ballot for the election of representatives the names of all labor organizations having an interest in representing the employees participating in the election as indicated in petitions filed with the commission. The name of any existing representative shall be included on the ballot without the necessity of filing a petition. The commission may exclude from the ballot one who, at the time of the election, stands deprived of his or her rights under this subchapter by reason of a prior adjudication of his or her having engaged in an unfair labor practice. The ballot shall be so prepared as to permit a vote against representation by anyone named on the ballot. The commission's certification of the results of any election is conclusive as to the findings included therein unless reviewed under s. 111.07 (8).

33,1990 Section 1990. 111.86 (2) of the statutes is amended to read:

111.86 (2) The department office shall charge a state department or agency the employer's share of the cost related to grievance arbitration under sub. (1) for any arbitration that involves one or more employees of the state department or agency. Each state department or agency so charged shall pay the amount that the department office charges from the appropriation account or accounts used to pay the salary of the grievant. Funds received under this subsection shall be credited to the appropriation account under s. 20.512 (1) (km) 20.545 (1) (km).

33,1990m Section 1990m. 111.89 (1) of the statutes is amended to read:

111.89 (1) Upon establishing that a strike is in progress, the employer may either seek an injunction or file an unfair labor practice charge with the commission under s. 111.84 (2) (e) or both. It is the responsibility of the department office to decide whether to seek an injunction or file an unfair labor practice charge. The existence of an administrative remedy does not constitute grounds for denial of injunctive relief.

33,1991m Section 1991m. 111.91 (2) (im) of the statutes is created to read:

111.91 (2) (im) The employer contribution rate and the number of hours of work per year covered under s. 40.05 (4) (ag) 1.

33,1992 Section 1992. 111.91 (2) (j) of the statutes is amended to read:

111.91 (2) (j) Creditable service to which s. 40.25 (7) (f) 40.285 (2) (b) 4. applies.

33,1992e Section 1992e. 111.91 (4) of the statutes is amended to read:

111.91 (4) The secretary of the department director of the office, in connection with the development of tentative collective bargaining agreements to be submitted under s. 111.92 (1) (a), shall endeavor to obtain tentative agreements with each recognized or certified labor organization representing employees or supervisors of employees specified in s. 111.81 (7) (a) and with each certified labor organization representing employees specified in s. 111.81 (7) (b) to (e) which do not contain any provision for the payment to any employee of a cumulative or noncumulative amount of compensation in recognition of or based on the period of time an employee has been employed by the state.

33,1992m Section 1992m. 111.915 of the statutes is amended to read:

111.915 Labor proposals. The secretary of the department director of the office shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization by the state or to be agreed to by the state before such proposal is actually offered or accepted.

33,1992s Section 1992s. 111.92 (1) (a) of the statutes is amended to read:

111.92 (1) (a) Any tentative agreement reached between the department office, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or (2) (a) to (e) shall, after official ratification by the labor organization, be submitted by the department office to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and which recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.

33,1992v Section 1992v. 111.94 (1) of the statutes is amended to read:

111.94 (1) The commission may adopt reasonable and proper rules relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee, established by rule, by the commission at a uniform rate per page. All transcript fees shall be credited to the appropriation account under s. 20.425 (1) (i), except that fees collected in excess of the uniform rate per page for any transcript produced by a reporter who is not employed by the commission shall be credited to the appropriation account under s. 20.425 (1) (g).