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 of the statutes is repealed.
SB44, s. 1944 20Section 1944. 106.215 (10) (h) of the statutes is repealed.
SB44, s. 1945 21Section 1945. 106.215 (11) of the statutes is repealed.
SB44, s. 1946 22Section 1946. 106.215 (12) of the statutes is repealed.
SB44, s. 1947 23Section 1947. 106.215 (13) of the statutes is repealed.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25(this act), is repealed.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1Section 1949. 106.26 (4) of the statutes is repealed.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.
SB44, s. 1986 17Section 1986. 111.70 (4) (p) of the statutes is created to read:
SB44,816,2318 111.70 (4) (p) Additional mandatory subjects of bargaining in school districts.
191. In a school district, the municipal employer is required to bargain collectively with
20respect to education policy, except that no dispute relating to an education policy
21issue is subject to interest arbitration under par. (cm) 6. unless all parties to the
22dispute agree, in writing, to make such an issue subject to interest arbitration under
23par. (cm) 6.
SB44,817,324 2. Notwithstanding subd. 1., in a school district, if the municipal employer
25makes a proposal that provides that employee compensation or performance

1expectations are linked with student academic performance, the labor organization
2may include in its single final offer under par. (cm) 6. am. any proposal to meet the
3performance expectations, including a proposal affecting education policy.
SB44, s. 1987 4Section 1987. 111.81 (5) of the statutes is amended to read:
SB44,817,65 111.81 (5) "Department" means the department of employment relations
6administration.
SB44, s. 1988 7Section 1988. 111.81 (5m) of the statutes is created to read:
SB44,817,98 111.81 (5m) "Assistant district attorney" includes an assignable prosecutor, as
9defined in s. 978.001 (1c).
SB44, s. 1989 10Section 1989. 111.815 (3) of the statutes is repealed.
SB44, s. 1990 11Section 1990. 111.86 (2) of the statutes is amended to read:
SB44,817,1812 111.86 (2) The department shall charge a state department or agency the
13employer's share of the cost related to grievance arbitration under sub. (1) for any
14arbitration that involves one or more employees of the state department or agency.
15Each state department or agency so charged shall pay the amount that the
16department charges from the appropriation account or accounts used to pay the
17salary of the grievant. Funds received under this subsection shall be credited to the
18appropriation account under s. 20.512 (1) (km) 20.505 (1) (ko).
SB44, s. 1991 19Section 1991. 111.91 (2) (c) of the statutes is amended to read:
SB44,817,2120 111.91 (2) (c) Disciplinary actions and position abandonments governed by s.
21230.34 (1) (a) (ah), (am) and (ar), except as provided in those paragraphs.
SB44, s. 1992 22Section 1992. 111.91 (2) (j) of the statutes is amended to read:
SB44,817,2323 111.91 (2) (j) Creditable service to which s. 40.25 (7) (f) 40.285 (2) (b) 4. applies.
SB44, s. 1993 24Section 1993. 114.33 (10) of the statutes is amended to read:
SB44,818,14
1114.33 (10) Subject to the approval of the governor under this subsection, the
2secretary may sell at public or private sale property of whatever nature owned by the
3state and under the jurisdiction of the secretary when the secretary determines that
4the property is no longer necessary for the state's use for airport purposes and, if real
5property, the real property is not the subject of a petition under s. 16.375 560.9810.
6The secretary shall present to the governor a full and complete report of the property
7to be sold, the reason for the sale, and the minimum price for which the property
8should be sold, together with an application for the governor's approval of the sale.
9The governor shall investigate the proposed sale as he or she deems necessary and
10approve or disapprove the application. Upon approval and receipt of the full
11purchase price, the secretary shall by appropriate deed or other instrument transfer
12the property to the purchaser. The funds derived from the sale shall be deposited in
13the appropriate airport fund, and the expense incurred by the secretary in
14connection with the sale shall be paid from that fund.
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