SB44-SSA1,768,1915
977.01
(2) "Public assistance" means relief provided by counties under s. 59.53
16(21), Wisconsin works under ss. 49.141 to 49.161,
aid to families with dependent
17children under s. 49.19, medical assistance under subch. IV of ch. 49, low-income
18energy assistance under s. 16.385, weatherization assistance under s. 16.39
, and the
19food stamp program under
7 USC 2011 to
2029.
SB44-SSA1, s. 1938
14Section
1938. 106.215 (10) (g) (title) and 1. of the statutes are repealed.
SB44-SSA1, s. 1942
18Section
1942. 106.215 (10) (g) 3. of the statutes is renumbered 106.217 and
19amended to read:
SB44-SSA1,769,25
20106.217 Wisconsin conservation corps education vouchers. The An 21education voucher
under s. 106.215 (10) (g) 1m. or 2m., 2001 stats., is valid for 4 years
22after the date of issuance for the payment of tuition and required program activity
23fees at any institution of higher education, as defined in
20 USC 1002, that accepts
24the voucher. The
board department shall authorize payment to the institution of face
25value of the voucher upon presentment.
SB44-SSA1, s. 1948
6Section
1948. 106.217 of the statutes, as affected by 2003 Wisconsin Act ....
7(this act), is repealed.
SB44-SSA1,770,1110
107.30
(10) "Mining damage appropriation" means the appropriation under s.
1120.445 (4) (b) 20.143 (3) (a).
SB44-SSA1, s. 1953
12Section
1953. 107.31 (5) (a) (intro.) of the statutes is amended to read:
SB44-SSA1,770,1613
107.31
(5) (a)
Calculation. (intro.) The mining damage reserve accumulation
14is calculated by subtracting the total amount of all mining damages awards paid
15from the appropriation under s. 20.445 (4) (a)
, 2001 stats., beginning on May 22, 1980
16or paid from the appropriation under s. 20.143 (3) (a) from the sum of:
SB44-SSA1,770,2118
108.15
(6) (c) If such delinquency is finally established under s. 108.10, the
19fund's treasurer shall, in case such unit receives a share of any state tax or any type
20of state aid, certify to the
state treasurer secretary of administration the existence
21and amount of such delinquency.
SB44-SSA1, s. 1955
22Section
1955. 108.15 (6) (d) (intro.) of the statutes is amended to read:
SB44-SSA1,771,223
108.15
(6) (d) (intro.) Upon receipt of such certification, the
state treasurer 24secretary of administration shall withhold, from each sum of any such tax or aid
1thereafter payable to the government unit, until the delinquency is satisfied, the
2lesser of the following amounts:
SB44-SSA1,771,74
108.15
(6) (e) Any amount withheld by the
state treasurer secretary of
5administration under par. (d) shall be paid by the
state treasurer secretary of
6administration to the fund's treasurer, who shall duly credit such payment toward
7satisfying the delinquency.
SB44-SSA1,771,129
108.161
(3) Consistently with this chapter and said section 903, such moneys
10shall be used solely for benefits or employment security administration
by the
11department, including unemployment insurance, employment service
,
12apprenticeship programs, and related statistical operations.
SB44-SSA1,771,1714
108.161
(4) (c) Specifying that the appropriated amounts are available for
15obligation solely within the 2 years beginning on the appropriation law's date of
16enactment.
This paragraph does not apply to the appropriation under s. 20.445 (1)
17(nd).
SB44-SSA1,771,2319
108.162
(3) The amount obligated under this section during any fiscal year may
20not exceed the aggregate of all amounts credited under s. 108.161 (1), including
21amounts credited under s. 108.161 (8), reduced by the amount obligated under s.
2220.445 (1) (nb)
and (nd) and further reduced at the time of any obligation by the sum
23of the moneys obligated and charged against any of the amounts thus credited.
SB44-SSA1,772,5
1108.20
(2) All amounts received by the department for the administrative
2account shall be paid over to the
state treasurer
secretary of administration and
3credited to that account for the administration of this chapter and the employment
4service, for the payment of benefits chargeable to the account under s. 108.07 (5) and
5for the purposes specified in sub. (2m).
SB44-SSA1,772,157
111.09
(1) The commission may adopt reasonable and proper rules and
8regulations relative to the exercise of its powers and authority and proper rules to
9govern its proceedings and to regulate the conduct of all elections and hearings. The
10commission shall, upon request, provide a transcript of a proceeding to any party to
11the proceeding for a fee, established by rule, by the commission at a uniform rate per
12page. All transcript fees shall be credited to the appropriation account under s.
1320.425 (1) (i)
, except that fees collected in excess of the uniform rate per page for any
14transcript produced by a reporter who is not employed by the commission shall be
15credited to the appropriation account under s. 20.425 (1) (g).
SB44-SSA1,772,2217
111.335
(1) (cv) Notwithstanding s. 111.322, it is not employment
18discrimination because of conviction record to refuse to employ in a position in the
19classified service
, or in a position described in s. 230.08 (2) (k)
, or as a corps enrollee
20with the Wisconsin conservation corps under s. 106.215 (1) (c) a person who has been
21convicted under 50 USC, Appendix, section 462 for refusing to register with the
22selective service system and who has not been pardoned.
SB44-SSA1,773,924
111.375
(1) Except as provided under sub. (2), this This subchapter shall be
25administered by the department. The department may make, amend and rescind
1such rules as are necessary to carry out this subchapter. The department or the
2commission may, by such agents or agencies as it designates, conduct in any part of
3this state any proceeding, hearing, investigation or inquiry necessary to the
4performance of its functions. The department shall preserve the anonymity of any
5employee who is the aggrieved party in a complaint of discrimination in promotion,
6compensation or terms and conditions of employment, of unfair honesty testing or
7of unfair genetic testing against his or her present employer until a determination
8as to probable cause has been made, unless the department determines that the
9anonymity will substantially impede the investigation.
SB44-SSA1,773,1511
111.375
(2) This subchapter applies to each agency of the state
except that
12complaints of discrimination, unfair honesty testing or unfair genetic testing against
13the agency as an employer shall be filed with and processed by the personnel
14commission under s. 230.45 (1) (b). Decisions of the personnel commission are
15subject to review under ch. 227.
SB44-SSA1,774,1417
111.70
(1) (a) "Collective bargaining" means the performance of the mutual
18obligation of a municipal employer, through its officers and agents, and the
19representative of its municipal employees in a collective bargaining unit, to meet and
20confer at reasonable times, in good faith, with the intention of reaching an
21agreement, or to resolve questions arising under such an agreement, with respect to
22wages, hours and conditions of employment, and with respect to a requirement of the
23municipal employer for a municipal employee to perform law enforcement and fire
24fighting services under s. 61.66, except as provided in sub. (4) (m)
, (n), and (o) and
25s. 40.81 (3) and except that a municipal employer shall not meet and confer with
1respect to any proposal to diminish or abridge the rights guaranteed to municipal
2employees under ch. 164. The duty to bargain, however, does not compel either party
3to agree to a proposal or require the making of a concession. Collective bargaining
4includes the reduction of any agreement reached to a written and signed document.
5The municipal employer shall not be required to bargain on subjects reserved to
6management and direction of the governmental unit except insofar as the manner
7of exercise of such functions affects the wages, hours and conditions of employment
8of the municipal employees in a collective bargaining unit. In creating this
9subchapter the legislature recognizes that the municipal employer must exercise its
10powers and responsibilities to act for the government and good order of the
11jurisdiction which it serves, its commercial benefit and the health, safety and welfare
12of the public to assure orderly operations and functions within its jurisdiction,
13subject to those rights secured to municipal employees by the constitutions of this
14state and of the United States and by this subchapter.
SB44-SSA1,775,316
111.70
(4) (n)
Municipal employer-initiated change in health care coverage
17plan provider. Notwithstanding the terms of a collective bargaining agreement, in
18any collective bargaining unit other than a unit consisting of law enforcement or fire
19fighting personnel a municipal employer may unilaterally change its employees'
20health care coverage plan to a health care coverage plan under s. 40.51 (7) or a health
21care coverage plan that is substantially similar to a plan offered under s. 40.51 (7)
22without the consent of any affected employee in the collective bargaining unit. The
23commission shall use the criteria in rules promulgated by the commissioner of
24insurance under s. 601.41 (12) to determine if health care coverage plans are
25substantially similar. Any such unilateral change in health care coverage plan
1provider is not a violation of a collective bargaining agreement or a prohibited
2practice under sub. (3) (a) and, for purposes of a qualified economic offer, satisfies the
3requirement to maintain fringe benefits under sub. (1) (nc).
SB44-SSA1,775,135
111.70
(4) (o)
Prohibited subject of collective bargaining. In collective
6bargaining units other than units consisting of law enforcement or fire fighting
7personnel, a municipal employer is prohibited from bargaining collectively with
8respect to the employer's selection of a health care coverage plan if the municipal
9employer offers to enroll the employees in a health care coverage plan under s. 40.51
10(7) or in a health care coverage plan that is substantially similar to a plan offered
11under s. 40.51 (7). The commission shall use the criteria in rules promulgated by the
12commissioner of insurance under s. 601.41 (12) to determine if health care coverage
13plans are substantially similar.
SB44-SSA1,775,2315
111.71
(1) The commission may adopt reasonable rules relative to the exercise
16of its powers and authority and proper rules to govern its proceedings and to regulate
17the conduct of all elections and hearings. The commission shall, upon request,
18provide a transcript of a proceeding to any party to the proceeding for a fee,
19established by rule, by the commission at a uniform rate per page. All transcript fees
20shall be credited to the appropriation account under s. 20.425 (1) (i)
, except that fees
21collected in excess of the uniform rate per page for any transcript produced by a
22reporter who is not employed by the commission shall be credited to the
23appropriation account under s. 20.425 (1) (g).
SB44-SSA1,776,1
1111.81
(14) "Office" means the office of state human resources management.
SB44-SSA1,776,20
3111.815 Duties of state. (1) In the furtherance of this subchapter, the state
4shall be considered as a single employer and employment relations policies and
5practices throughout the state service shall be as consistent as practicable. The
6department office shall negotiate and administer collective bargaining agreements.
7To coordinate the employer position in the negotiation of agreements, the
8department office shall maintain close liaison with the legislature relative to the
9negotiation of agreements and the fiscal ramifications of those agreements. Except
10with respect to the collective bargaining units specified in s. 111.825 (1m) and (2) (f),
11the
department office is responsible for the employer functions of the executive
12branch under this subchapter, and shall coordinate its collective bargaining
13activities with operating state agencies on matters of agency concern. The legislative
14branch shall act upon those portions of tentative agreements negotiated by the
15department office that require legislative action. With respect to the collective
16bargaining units specified in s. 111.825 (1m), the University of Wisconsin Hospitals
17and Clinics Board is responsible for the employer functions under this subchapter.
18With respect to the collective bargaining unit specified in s. 111.825 (2) (f), the
19governing board of the charter school established by contract under s. 118.40 (2r)
20(cm) is responsible for the employer functions under this subchapter.
SB44-SSA1,777,4
21(2) In the furtherance of the policy under s. 111.80 (4), the
secretary of the
22department shall establish a collective bargaining capability within the department
23outside of the division of merit recruitment and selection and
director of the office 24shall, together with the appointing authorities or their representatives, represent
25the state in its responsibility as an employer under this subchapter except with
1respect to negotiations in the collective bargaining units specified in s. 111.825 (1m)
2and (2) (f). The
secretary of the department director of the office shall establish and
3maintain, wherever practicable, consistent employment relations policies and
4practices throughout the state service.
SB44-SSA1,777,7
5(3) With regard to collective bargaining activities involving employees who are
6assistant district attorneys, the
secretary of the department director of the office 7shall maintain close liaison with the
department
secretary of administration.
SB44-SSA1,777,239
111.83
(3) Whenever a question arises concerning the representation of
10employees in a collective bargaining unit the commission shall determine the
11representative thereof by taking a secret ballot of the employees and certifying in
12writing the results thereof to the interested parties and to the
secretary of the
13department director of the office. There shall be included on any ballot for the
14election of representatives the names of all labor organizations having an interest
15in representing the employees participating in the election as indicated in petitions
16filed with the commission. The name of any existing representative shall be included
17on the ballot without the necessity of filing a petition. The commission may exclude
18from the ballot one who, at the time of the election, stands deprived of his or her rights
19under this subchapter by reason of a prior adjudication of his or her having engaged
20in an unfair labor practice. The ballot shall be so prepared as to permit a vote against
21representation by anyone named on the ballot. The commission's certification of the
22results of any election is conclusive as to the findings included therein unless
23reviewed under s. 111.07 (8).
SB44-SSA1,778,7
1111.86
(2) The
department
office shall charge a state department or agency the
2employer's share of the cost related to grievance arbitration under sub. (1) for any
3arbitration that involves one or more employees of the state department or agency.
4Each state department or agency so charged shall pay the amount that the
5department office charges from the appropriation account or accounts used to pay the
6salary of the grievant. Funds received under this subsection shall be credited to the
7appropriation account under s.
20.512 (1) (km) 20.545 (1) (km).
SB44-SSA1,778,149
111.89
(1) Upon establishing that a strike is in progress, the employer may
10either seek an injunction or file an unfair labor practice charge with the commission
11under s. 111.84 (2) (e) or both. It is the responsibility of the
department office to
12decide whether to seek an injunction or file an unfair labor practice charge. The
13existence of an administrative remedy does not constitute grounds for denial of
14injunctive relief.
SB44-SSA1,778,1716
111.91
(2) (im) The employer contribution rate and the number of hours of work
17per year covered under s. 40.05 (4) (ag) 1.
SB44-SSA1,778,1919
111.91
(2) (j) Creditable service to which s.
40.25 (7) (f) 40.285 (2) (b) 4. applies.
SB44-SSA1,779,421
111.91
(4) The
secretary of the department director of the office, in connection
22with the development of tentative collective bargaining agreements to be submitted
23under s. 111.92 (1) (a), shall endeavor to obtain tentative agreements with each
24recognized or certified labor organization representing employees or supervisors of
25employees specified in s. 111.81 (7) (a) and with each certified labor organization
1representing employees specified in s. 111.81 (7) (b) to (e) which do not contain any
2provision for the payment to any employee of a cumulative or noncumulative amount
3of compensation in recognition of or based on the period of time an employee has been
4employed by the state.
SB44-SSA1,779,12
6111.915 Labor proposals. The
secretary of the department director of the
7office shall notify and consult with the joint committee on employment relations, in
8such form and detail as the committee requests, regarding substantial changes in
9wages, employee benefits, personnel management, and program policy contract
10provisions to be included in any contract proposal to be offered to any labor
11organization by the state or to be agreed to by the state before such proposal is
12actually offered or accepted.
