SB44,803,2011
106.215
(1m) Conservation fund appropriation Youth employment project
12grants. Notwithstanding par. (a), moneys Moneys appropriated under s. 20.445
(6) 13(1) (u) that are not derived from the forestation state tax under s. 70.58 may be
14utilized for any
youth employment project approved by the
board department
15regardless of whether the project consists in whole or in part of conservation
16activities.
From those moneys, the department shall provide grants to
17community-based nonprofit organizations, as defined in s. 108.02 (19), for the
18provision of youth employment projects that are designed to meet the objectives
19specified in sub. (2) (a), (c), and (e) and one or more of the objectives specified in sub.
20(2) (b) and (d).
SB44, s. 1927
21Section
1927. 106.215 (8) of the statutes is repealed.
SB44, s. 1928
22Section
1928. 106.215 (8g) of the statutes is repealed.
SB44, s. 1929
23Section
1929. 106.215 (8m) of the statutes is repealed.
SB44, s. 1930
24Section
1930. 106.215 (9) of the statutes is repealed.
SB44, s. 1931
25Section
1931. 106.215 (10) (title) of the statutes is repealed.
SB44, s. 1932
1Section
1932. 106.215 (10) (a) of the statutes is repealed.
SB44, s. 1933
2Section
1933. 106.215 (10) (b) of the statutes is repealed.
SB44, s. 1934
3Section
1934. 106.215 (10) (c) of the statutes is repealed.
SB44, s. 1935
4Section
1935. 106.215 (10) (e) of the statutes is repealed.
SB44, s. 1936
5Section
1936. 106.215 (10) (f) of the statutes is repealed.
SB44, s. 1937
6Section
1937. 106.215 (10) (fm) of the statutes is repealed.
SB44, s. 1938
7Section
1938. 106.215 (10) (g) (title) and 1. of the statutes are repealed.
SB44, s. 1939
8Section
1939. 106.215 (10) (g) 1m. of the statutes is repealed.
SB44, s. 1940
9Section
1940. 106.215 (10) (g) 2. of the statutes is repealed.
SB44, s. 1941
10Section
1941. 106.215 (10) (g) 2m. of the statutes is repealed.
SB44, s. 1942
11Section
1942. 106.215 (10) (g) 3. of the statutes is renumbered 106.217 and
12amended to read:
SB44,804,18
13106.217 Wisconsin conservation corps education vouchers. The An 14education voucher
under s. 106.215 (10) (g) 1m. or 2m., 2001 stats., is valid for 4 years
15after the date of issuance for the payment of tuition and required program activity
16fees at any institution of higher education, as defined in
20 USC 1002, that accepts
17the voucher. The
board department shall authorize payment to the institution of face
18value of the voucher upon presentment.
SB44, s. 1943
19Section
1943. 106.215 (10) (g) 4. of the statutes is repealed.
SB44, s. 1944
20Section
1944. 106.215 (10) (h) of the statutes is repealed.
SB44, s. 1945
21Section
1945. 106.215 (11) of the statutes is repealed.
SB44, s. 1946
22Section
1946. 106.215 (12) of the statutes is repealed.
SB44, s. 1947
23Section
1947. 106.215 (13) of the statutes is repealed.
SB44, s. 1948
24Section
1948. 106.217 of the statutes, as affected by 2003 Wisconsin Act ....
25(this act), is repealed.
SB44, s. 1949
1Section
1949. 106.26 (4) of the statutes is repealed.
SB44, s. 1950
2Section
1950. 106.50 (6) (c) 4. of the statutes is amended to read:
SB44,805,123
106.50
(6) (c) 4. If the department initially determines that there is no probable
4cause to believe that discrimination occurred as alleged in the complaint, it may
5dismiss those allegations. The department shall, by a notice to be served with the
6determination, notify the parties of the complainant's right to appeal the dismissal
7of the
claim to the secretary for a hearing on the issue allegations by requesting a
8review of the determination by a hearing examiner
, which review shall be based
9solely on the department's record of the complaint. Service of the determination shall
10be made by certified mail, return receipt requested. If the hearing examiner
11determines that no probable cause exists, that determination is the final
12determination of the department and may be appealed under par. (j).
SB44, s. 1951
13Section
1951. 106.52 (4) (a) 4m. of the statutes is created to read:
SB44,805,2314
106.52 (4) (a) 4m. If the department initially finds that there is no probable
15cause to believe that any act prohibited under sub. (3) has been or is being committed
16as alleged in the complaint, the department may dismiss the complaint. The
17department shall, by a notice to be served with the findings, notify the parties of the
18complainant's right to appeal the dismissal of the complaint by requesting a review
19of the findings by a hearing examiner, which review shall be based solely on the
20department's record of the complaint. Service of the findings shall be made by
21certified mail, return receipt requested. If the hearing examiner determines that no
22probable cause exists, that determination is the final determination of the
23department and may be appealed under par. (b).
SB44, s. 1952
24Section
1952. 107.30 (10) of the statutes is amended to read:
SB44,806,2
1107.30
(10) "Mining damage appropriation" means the appropriation under s.
220.445 (4) (b) 20.143 (3) (a).
SB44, s. 1953
3Section
1953. 107.31 (5) (a) (intro.) of the statutes is amended to read:
SB44,806,74
107.31
(5) (a)
Calculation. (intro.) The mining damage reserve accumulation
5is calculated by subtracting the total amount of all mining damages awards paid
6from the appropriation under s. 20.445 (4) (a)
, 2001 stats., beginning on May 22, 1980
7or paid from the appropriation under s. 20.143 (3) (a) from the sum of:
SB44, s. 1954
8Section
1954. 108.15 (6) (c) of the statutes is amended to read:
SB44,806,129
108.15
(6) (c) If such delinquency is finally established under s. 108.10, the
10fund's treasurer shall, in case such unit receives a share of any state tax or any type
11of state aid, certify to the
state treasurer secretary of administration the existence
12and amount of such delinquency.
SB44, s. 1955
13Section
1955. 108.15 (6) (d) (intro.) of the statutes is amended to read:
SB44,806,1714
108.15
(6) (d) (intro.) Upon receipt of such certification, the
state treasurer 15secretary of administration shall withhold, from each sum of any such tax or aid
16thereafter payable to the government unit, until the delinquency is satisfied, the
17lesser of the following amounts:
SB44, s. 1956
18Section
1956. 108.15 (6) (e) of the statutes is amended to read:
SB44,806,2219
108.15
(6) (e) Any amount withheld by the
state treasurer secretary of
20administration under par. (d) shall be paid by the
state treasurer secretary of
21administration to the fund's treasurer, who shall duly credit such payment toward
22satisfying the delinquency.
SB44, s. 1957
23Section
1957. 108.161 (3) of the statutes is amended to read:
SB44,807,224
108.161
(3) Consistently with this chapter and said section 903, such moneys
25shall be used solely for benefits or employment security administration
by the
1department, including unemployment insurance, employment service
,
2apprenticeship programs, and related statistical operations.
SB44, s. 1958
3Section
1958. 108.161 (4) (c) of the statutes is amended to read:
SB44,807,74
108.161
(4) (c) Specifying that the appropriated amounts are available for
5obligation solely within the 2 years beginning on the appropriation law's date of
6enactment.
This paragraph does not apply to the appropriation under s. 20.445 (1)
7(nd).
SB44, s. 1959
8Section
1959. 108.162 (3) of the statutes is amended to read:
SB44,807,139
108.162
(3) The amount obligated under this section during any fiscal year may
10not exceed the aggregate of all amounts credited under s. 108.161 (1), including
11amounts credited under s. 108.161 (8), reduced by the amount obligated under s.
1220.445 (1) (nb)
and (nd) and further reduced at the time of any obligation by the sum
13of the moneys obligated and charged against any of the amounts thus credited.
SB44, s. 1960
14Section
1960. 108.20 (2) of the statutes is amended to read:
SB44,807,1915
108.20
(2) All amounts received by the department for the administrative
16account shall be paid over to the
state treasurer
secretary of administration and
17credited to that account for the administration of this chapter and the employment
18service, for the payment of benefits chargeable to the account under s. 108.07 (5) and
19for the purposes specified in sub. (2m).
SB44, s. 1961
20Section
1961. 111.335 (1) (cv) of the statutes is amended to read:
SB44,808,221
111.335
(1) (cv) Notwithstanding s. 111.322, it is not employment
22discrimination because of conviction record to refuse to employ in a position in the
23classified service
, or in a position described in s. 230.08 (2) (k)
, or as a corps enrollee
24with the Wisconsin conservation corps under s. 106.215 (1) (c) a person who has been
1convicted under 50 USC, Appendix, section 462 for refusing to register with the
2selective service system and who has not been pardoned.
SB44, s. 1962
3Section
1962. 111.375 (1) of the statutes is amended to read:
SB44,808,144
111.375
(1) Except as provided under sub. (2), this This subchapter shall be
5administered by the department. The department may make, amend and rescind
6such rules as are necessary to carry out this subchapter. The department or the
7commission may, by such agents or agencies as it designates, conduct in any part of
8this state any proceeding, hearing, investigation or inquiry necessary to the
9performance of its functions. The department shall preserve the anonymity of any
10employee who is the aggrieved party in a complaint of discrimination in promotion,
11compensation or terms and conditions of employment, of unfair honesty testing or
12of unfair genetic testing against his or her present employer until a determination
13as to probable cause has been made, unless the department determines that the
14anonymity will substantially impede the investigation.
SB44, s. 1963
15Section
1963. 111.375 (2) of the statutes is amended to read:
SB44,808,2016
111.375
(2) This subchapter applies to each agency of the state
except that
17complaints of discrimination, unfair honesty testing or unfair genetic testing against
18the agency as an employer shall be filed with and processed by the personnel
19commission under s. 230.45 (1) (b). Decisions of the personnel commission are
20subject to review under ch. 227.
SB44, s. 1964
21Section
1964. 111.39 (4) (bm) of the statutes is created to read:
SB44,809,722
111.39
(4) (bm) If the department initially finds that there is no probable cause
23to believe that any discrimination has been or is being committed, that unfair
24honesty testing has occurred or is occurring, or that unfair genetic testing has
25occurred or is occurring as alleged in the complaint, the department may dismiss the
1complaint. The department shall, by a notice to be served with the findings, notify
2the parties of the complainant's right to appeal the dismissal of the complaint by
3requesting a review of the findings by a hearing examiner, which review shall be
4based solely on the department's record of the complaint. Service of the findings shall
5be made by certified mail, return receipt requested. If the hearing examiner
6determines that no probable cause exists, that determination is the final
7determination of the department and may be appealed under sub. (5).
SB44, s. 1965
8Section
1965. 111.40 of the statutes is created to read:
SB44,809,12
9111.40 Civil action. (1) Any person, including the state, alleging that
10discrimination, unfair honesty testing, or unfair genetic testing has occurred may
11bring a civil action seeking such action, as described in s. 111.39 (4) (c), as will
12effectuate the purpose of this subchapter.
SB44,809,18
13(2) An action commenced under sub. (1) may be brought in the circuit court for
14the county where the alleged violation occurred or for the county where the person
15against whom the action is filed resides or has a principal place of business, and shall
16be commenced within 300 days after the alleged violation occurred. The 300-day
17statute of limitations under this subsection shall be tolled while an administrative
18proceeding concerning the same violation is pending.
SB44, s. 1966
19Section
1966. 111.70 (1) (a) of the statutes is amended to read:
SB44,810,1720
111.70
(1) (a) "Collective bargaining" means the performance of the mutual
21obligation of a municipal employer, through its officers and agents, and the
22representative of its municipal employees in a collective bargaining unit, to meet and
23confer at reasonable times, in good faith, with the intention of reaching an
24agreement, or to resolve questions arising under such an agreement, with respect to
25wages, hours and conditions of employment, and with respect to a requirement of the
1municipal employer for a municipal employee to perform law enforcement and fire
2fighting services under s. 61.66, except as provided in sub. (4) (m) and s. 40.81 (3) and
3except that a municipal employer shall not meet and confer with respect to any
4proposal to diminish or abridge the rights guaranteed to municipal employees under
5ch. 164. The duty to bargain, however, does not compel either party to agree to a
6proposal or require the making of a concession. Collective bargaining includes the
7reduction of any agreement reached to a written and signed document. The
8municipal employer shall not be required to bargain on subjects reserved to
9management and direction of the governmental unit except insofar as the manner
10of exercise of such functions affects the wages, hours and conditions of employment
11of the municipal employees in a collective bargaining unit
and except as provided in
12sub. (4) (p). In creating this subchapter the legislature recognizes that the municipal
13employer must exercise its powers and responsibilities to act for the government and
14good order of the jurisdiction which it serves, its commercial benefit and the health,
15safety and welfare of the public to assure orderly operations and functions within its
16jurisdiction, subject to those rights secured to municipal employees by the
17constitutions of this state and of the United States and by this subchapter.
SB44, s. 1967
18Section
1967. 111.70 (1) (b) of the statutes is amended to read:
SB44,810,2219
111.70
(1) (b) "Collective bargaining unit" means a unit
consisting of municipal
20employees who are school district professional employees or of municipal employees
21who are not school district professional employees that is determined by the
22commission to be appropriate for the purpose of collective bargaining.
SB44, s. 1968
23Section
1968. 111.70 (1) (dm) of the statutes is repealed.
SB44, s. 1969
24Section
1969. 111.70 (1) (fm) of the statutes is repealed.
SB44, s. 1970
25Section
1970. 111.70 (1) (nc) of the statutes is repealed.
SB44, s. 1971
1Section
1971. 111.70 (4) (cm) 5. of the statutes is amended to read:
SB44,811,112
111.70
(4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the
3other impasse resolution procedures provided in this paragraph, a municipal
4employer and labor organization may at any time, as a permissive subject of
5bargaining, agree in writing to a dispute settlement procedure, including
6authorization for a strike by municipal employees or binding interest arbitration,
7which is acceptable to the parties for resolving an impasse over terms of any
8collective bargaining agreement under this subchapter. A copy of such agreement
9shall be filed by the parties with the commission. If the parties agree to any form of
10binding interest arbitration, the arbitrator shall give weight to the factors
11enumerated under
subds. 7., 7g. and subd. 7r.
SB44, s. 1972
12Section
1972. 111.70 (4) (cm) 5s. of the statutes is repealed.
SB44, s. 1973
13Section
1973. 111.70 (4) (cm) 6. a. of the statutes is amended to read:
SB44,812,414
111.70
(4) (cm) 6. a. If in any collective bargaining unit a dispute
relating to one
15or more issues, qualifying for interest arbitration under subd. 5s. in a collective
16bargaining unit to which subd. 5s. applies, has not been settled after a reasonable
17period of negotiation and after mediation by the commission under subd. 3. and other
18settlement procedures, if any, established by the parties have been exhausted, and
19the parties are deadlocked with respect to any dispute between them over wages,
20hours
, and conditions of employment to be included in a new collective bargaining
21agreement, either party, or the parties jointly, may petition the commission, in
22writing, to initiate compulsory, final
, and binding arbitration, as provided in this
23paragraph. At the time the petition is filed, the petitioning party shall submit in
24writing to the other party and the commission its preliminary final offer containing
25its latest proposals on all issues in dispute. Within 14 calendar days after the date
1of that submission, the other party shall submit in writing its preliminary final offer
2on all disputed issues to the petitioning party and the commission. If a petition is
3filed jointly, both parties shall exchange their preliminary final offers in writing and
4submit copies to the commission at the time the petition is filed.
SB44, s. 1974
5Section
1974. 111.70 (4) (cm) 6. am. of the statutes is amended to read:
SB44,813,246
111.70
(4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the
7commission shall make an investigation, with or without a formal hearing, to
8determine whether arbitration should be commenced. If in determining whether an
9impasse exists the commission finds that the procedures set forth in this paragraph
10have not been complied with and such compliance would tend to result in a
11settlement, it may order such compliance before ordering arbitration. The validity
12of any arbitration award or collective bargaining agreement shall not be affected by
13failure to comply with such procedures. Prior to the close of the investigation each
14party shall submit in writing to the commission its single final offer containing its
15final proposals on all issues in dispute that are subject to interest arbitration under
16this subdivision
or under subd. 5s. in collective bargaining units to which subd. 5s.
17applies. If a party fails to submit a single, ultimate final offer, the commission shall
18close the investigation based on the last written position of the party.
The municipal
19employer may not submit a qualified economic offer under subd. 5s. after the close
20of the investigation. Such final offers may include only mandatory subjects of
21bargaining, except that a permissive subject of bargaining may be included by a
22party if the other party does not object and shall then be treated as a mandatory
23subject. No later than such time, the parties shall also submit to the commission a
24stipulation, in writing, with respect to all matters which are agreed upon for
25inclusion in the new or amended collective bargaining agreement. The commission,
1after receiving a report from its investigator and determining that arbitration should
2be commenced, shall issue an order requiring arbitration and immediately submit
3to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall
4alternately strike names until a single name is left, who shall be appointed as
5arbitrator. The petitioning party shall notify the commission in writing of the
6identity of the arbitrator selected. Upon receipt of such notice, the commission shall
7formally appoint the arbitrator and submit to him or her the final offers of the
8parties. The final offers shall be considered public documents and shall be available
9from the commission. In lieu of a single arbitrator and upon request of both parties,
10the commission shall appoint a tripartite arbitration panel consisting of one member
11selected by each of the parties and a neutral person designated by the commission
12who shall serve as a chairperson. An arbitration panel has the same powers and
13duties as provided in this section for any other appointed arbitrator, and all
14arbitration decisions by such panel shall be determined by majority vote. In lieu of
15selection of the arbitrator by the parties and upon request of both parties, the
16commission shall establish a procedure for randomly selecting names of arbitrators.
17Under the procedure, the commission shall submit a list of 7 arbitrators to the
18parties. Each party shall strike one name from the list. From the remaining 5
19names, the commission shall randomly appoint an arbitrator. Unless both parties
20to an arbitration proceeding otherwise agree in writing, every individual whose
21name is submitted by the commission for appointment as an arbitrator shall be a
22resident of this state at the time of submission and every individual who is
23designated as an arbitration panel chairperson shall be a resident of this state at the
24time of designation.
SB44, s. 1975
25Section
1975. 111.70 (4) (cm) 7. of the statutes is repealed.
SB44, s. 1976
1Section
1976. 111.70 (4) (cm) 7g. of the statutes is repealed.
SB44, s. 1977
2Section
1977. 111.70 (4) (cm) 7r. (intro.) of the statutes is amended to read:
SB44,814,53
111.70
(4) (cm) 7r. `
Other factors
Factors considered.' (intro.) In making any
4decision under the arbitration procedures authorized by this paragraph, the
5arbitrator or arbitration panel shall
also give weight to the following factors:
SB44, s. 1978
6Section
1978. 111.70 (4) (cm) 7r. hm. of the statutes is created to read:
SB44,814,97
111.70
(4) (cm) 7r. hm. In a school district, a determination as to which party's
8proposal best provides for a fundamental right to an equal opportunity for a sound
9basic education under article X, section 3, of the constitution.
SB44, s. 1979
10Section
1979. 111.70 (4) (cm) 7r. ie. of the statutes is created to read:
SB44,814,1411
111.70
(4) (cm) 7r. ie. Any state law or directive lawfully issued by a state
12legislative or administrative officer, body, or agency which places limitations on
13expenditures that may be made or revenues that may be collected by a municipal
14employer.
SB44, s. 1980
15Section
1980. 111.70 (4) (cm) 7r. ir. of the statutes is created to read:
SB44,814,1716
111.70
(4) (cm) 7r. ir. Economic conditions in the jurisdiction of the municipal
17employer.
SB44, s. 1981
18Section
1981. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated,
19renumbered 111.70 (4) (cm) 8m. and amended to read:
SB44,815,820
111.70
(4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
21the initial collective bargaining agreement between the parties and except as the
22parties otherwise agree, every collective bargaining agreement covering municipal
23employees subject to this paragraph
other than school district professional
24employees shall be for a term of 2 years
. No, but in no case may a collective
25bargaining agreement for any collective bargaining unit consisting of municipal
1employees
subject to this paragraph other than school district professional
2employees shall be for a term exceeding 3 years.
c. No arbitration award may
3contain a provision for reopening of negotiations during the term of a collective
4bargaining agreement, unless both parties agree to such a provision. The
5requirement for agreement by both parties does not apply to a provision for
6reopening of negotiations with respect to any portion of an agreement that is
7declared invalid by a court or administrative agency or rendered invalid by the
8enactment of a law or promulgation of a federal regulation.
SB44, s. 1982
9Section
1982. 111.70 (4) (cm) 8m. b. of the statutes is repealed.
SB44, s. 1983
10Section
1983. 111.70 (4) (cm) 8p. of the statutes is repealed.
SB44, s. 1984
11Section
1984. 111.70 (4) (cm) 8s. of the statutes is repealed.
SB44, s. 1985
12Section
1985. 111.70 (4) (d) 2. a. of the statutes is amended to read:
SB44,816,1613
111.70
(4) (d) 2. a. The commission shall determine the appropriate collective
14bargaining unit for the purpose of collective bargaining and shall whenever possible,
15unless otherwise required under this subchapter, avoid fragmentation by
16maintaining as few collective bargaining units as practicable in keeping with the size
17of the total municipal work force. In making such a determination, the commission
18may decide whether, in a particular case, the municipal employees in the same or
19several departments, divisions, institutions, crafts, professions
, or other
20occupational groupings constitute a collective bargaining unit. Before making its
21determination, the commission may provide an opportunity for the municipal
22employees concerned to determine, by secret ballot, whether or not they desire to be
23established as a separate collective bargaining unit.
The commission shall not
24decide, however, that any group of municipal employees constitutes an appropriate
25collective bargaining unit if the group includes both municipal employees who are
1school district professional employees and municipal employees who are not school
2district professional employees. The commission shall not decide
, however, that any
3other group of municipal employees constitutes an appropriate collective bargaining
4unit if the group includes both professional employees and nonprofessional
5employees, unless a majority of the professional employees vote for inclusion in the
6unit. The commission shall not decide that any group of municipal employees
7constitutes an appropriate collective bargaining unit if the group includes both craft
8employees and noncraft employees unless a majority of the craft employees vote for
9inclusion in the unit. The commission shall place the professional employees who are
10assigned to perform any services at a charter school, as defined in s. 115.001 (1), in
11a separate collective bargaining unit from a unit that includes any other professional
12employees whenever at least 30% of those professional employees request an election
13to be held to determine that issue and a majority of the professional employees at the
14charter school who cast votes in the election decide to be represented in a separate
15collective bargaining unit. Any vote taken under this subsection shall be by secret
16ballot.