SB44: Bill Text

SB44, s. 1950 Section 1950. 106.50 (6) (c) 4. of the statutes is amended to read:

SB44,805,12 106.50 (6) (c) 4. If the department initially determines that there is no probable cause to believe that discrimination occurred as alleged in the complaint, it may dismiss those allegations. The department shall, by a notice to be served with the determination, notify the parties of the complainant's right to appeal the dismissal of the claim to the secretary for a hearing on the issue allegations by requesting a review of the determination by a hearing examiner, which review shall be based solely on the department's record of the complaint. Service of the determination shall be made by certified mail, return receipt requested. If the hearing examiner determines that no probable cause exists, that determination is the final determination of the department and may be appealed under par. (j).

SB44, s. 1951 Section 1951. 106.52 (4) (a) 4m. of the statutes is created to read:

SB44,805,23 106.52 (4) (a) 4m. If the department initially finds that there is no probable cause to believe that any act prohibited under sub. (3) has been or is being committed as alleged in the complaint, the department may dismiss the complaint. The department shall, by a notice to be served with the findings, notify the parties of the complainant's right to appeal the dismissal of the complaint by requesting a review of the findings by a hearing examiner, which review shall be based solely on the department's record of the complaint. Service of the findings shall be made by certified mail, return receipt requested. If the hearing examiner determines that no probable cause exists, that determination is the final determination of the department and may be appealed under par. (b).

SB44, s. 1952 Section 1952. 107.30 (10) of the statutes is amended to read:

SB44,806,2 107.30 (10) "Mining damage appropriation" means the appropriation under s. 20.445 (4) (b) 20.143 (3) (a).

SB44, s. 1953 Section 1953. 107.31 (5) (a) (intro.) of the statutes is amended to read:

SB44,806,7 107.31 (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:

SB44, s. 1954 Section 1954. 108.15 (6) (c) of the statutes is amended to read:

SB44,806,12 108.15 (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.

SB44, s. 1955 Section 1955. 108.15 (6) (d) (intro.) of the statutes is amended to read:

SB44,806,17 108.15 (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:

SB44, s. 1956 Section 1956. 108.15 (6) (e) of the statutes is amended to read:

SB44,806,22 108.15 (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.

SB44, s. 1957 Section 1957. 108.161 (3) of the statutes is amended to read:

SB44,807,2 108.161 (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.

SB44, s. 1958 Section 1958. 108.161 (4) (c) of the statutes is amended to read:

SB44,807,7 108.161 (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).

SB44, s. 1959 Section 1959. 108.162 (3) of the statutes is amended to read:

SB44,807,13 108.162 (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.

SB44, s. 1960 Section 1960. 108.20 (2) of the statutes is amended to read:

SB44,807,19 108.20 (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).

SB44, s. 1961 Section 1961. 111.335 (1) (cv) of the statutes is amended to read:

SB44,808,2 111.335 (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.

SB44, s. 1962 Section 1962. 111.375 (1) of the statutes is amended to read:

SB44,808,14 111.375 (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.

SB44, s. 1963 Section 1963. 111.375 (2) of the statutes is amended to read:

SB44,808,20 111.375 (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.

SB44, s. 1964 Section 1964. 111.39 (4) (bm) of the statutes is created to read:

SB44,809,7 111.39 (4) (bm) If the department initially finds that there is no probable cause to believe that any discrimination has been or is being committed, that unfair honesty testing has occurred or is occurring, or that unfair genetic testing has occurred or is occurring as alleged in the complaint, the department may dismiss the complaint. The department shall, by a notice to be served with the findings, notify the parties of the complainant's right to appeal the dismissal of the complaint by requesting a review of the findings by a hearing examiner, which review shall be based solely on the department's record of the complaint. Service of the findings shall be made by certified mail, return receipt requested. If the hearing examiner determines that no probable cause exists, that determination is the final determination of the department and may be appealed under sub. (5).

SB44, s. 1965 Section 1965. 111.40 of the statutes is created to read:

SB44,809,12 111.40 Civil action. (1) Any person, including the state, alleging that discrimination, unfair honesty testing, or unfair genetic testing has occurred may bring a civil action seeking such action, as described in s. 111.39 (4) (c), as will effectuate the purpose of this subchapter.

SB44,809,18 (2) An action commenced under sub. (1) may be brought in the circuit court for the county where the alleged violation occurred or for the county where the person against whom the action is filed resides or has a principal place of business, and shall be commenced within 300 days after the alleged violation occurred. The 300-day statute of limitations under this subsection shall be tolled while an administrative proceeding concerning the same violation is pending.

SB44, s. 1966 Section 1966. 111.70 (1) (a) of the statutes is amended to read:

SB44,810,17 111.70 (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) 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 and except as provided in sub. (4) (p). 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.

SB44, s. 1967 Section 1967. 111.70 (1) (b) of the statutes is amended to read:

SB44,810,22 111.70 (1) (b) "Collective bargaining unit" means a unit consisting of municipal employees who are school district professional employees or of municipal employees who are not school district professional employees that is determined by the commission to be appropriate for the purpose of collective bargaining.

SB44, s. 1968 Section 1968. 111.70 (1) (dm) of the statutes is repealed.

SB44, s. 1969 Section 1969. 111.70 (1) (fm) of the statutes is repealed.

SB44, s. 1970 Section 1970. 111.70 (1) (nc) of the statutes is repealed.

SB44, s. 1971 Section 1971. 111.70 (4) (cm) 5. of the statutes is amended to read:

SB44,811,11 111.70 (4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the other impasse resolution procedures provided in this paragraph, a municipal employer and labor organization may at any time, as a permissive subject of bargaining, agree in writing to a dispute settlement procedure, including authorization for a strike by municipal employees or binding interest arbitration, which is acceptable to the parties for resolving an impasse over terms of any collective bargaining agreement under this subchapter. A copy of such agreement shall be filed by the parties with the commission. If the parties agree to any form of binding interest arbitration, the arbitrator shall give weight to the factors enumerated under subds. 7., 7g. and subd. 7r.

SB44, s. 1972 Section 1972. 111.70 (4) (cm) 5s. of the statutes is repealed.

SB44, s. 1973 Section 1973. 111.70 (4) (cm) 6. a. of the statutes is amended to read:

SB44,812,4 111.70 (4) (cm) 6. a. If in any collective bargaining unit a dispute relating to one or more issues, qualifying for interest arbitration under subd. 5s. in a collective bargaining unit to which subd. 5s. applies, has not been settled after a reasonable period of negotiation and after mediation by the commission under subd. 3. and other settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them over wages, hours, and conditions of employment to be included in a new collective bargaining agreement, either party, or the parties jointly, may petition the commission, in writing, to initiate compulsory, final, and binding arbitration, as provided in this paragraph. At the time the petition is filed, the petitioning party shall submit in writing to the other party and the commission its preliminary final offer containing its latest proposals on all issues in dispute. Within 14 calendar days after the date of that submission, the other party shall submit in writing its preliminary final offer on all disputed issues to the petitioning party and the commission. If a petition is filed jointly, both parties shall exchange their preliminary final offers in writing and submit copies to the commission at the time the petition is filed.

SB44, s. 1974 Section 1974. 111.70 (4) (cm) 6. am. of the statutes is amended to read:

SB44,813,24 111.70 (4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the commission shall make an investigation, with or without a formal hearing, to determine whether arbitration should be commenced. If in determining whether an impasse exists the commission finds that the procedures set forth in this paragraph have not been complied with and such compliance would tend to result in a settlement, it may order such compliance before ordering arbitration. The validity of any arbitration award or collective bargaining agreement shall not be affected by failure to comply with such procedures. Prior to the close of the investigation each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute that are subject to interest arbitration under this subdivision or under subd. 5s. in collective bargaining units to which subd. 5s. applies. If a party fails to submit a single, ultimate final offer, the commission shall close the investigation based on the last written position of the party. The municipal employer may not submit a qualified economic offer under subd. 5s. after the close of the investigation. Such final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and shall then be treated as a mandatory subject. No later than such time, the parties shall also submit to the commission a stipulation, in writing, with respect to all matters which are agreed upon for inclusion in the new or amended collective bargaining agreement. The commission, after receiving a report from its investigator and determining that arbitration should be commenced, shall issue an order requiring arbitration and immediately submit to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall alternately strike names until a single name is left, who shall be appointed as arbitrator. The petitioning party shall notify the commission in writing of the identity of the arbitrator selected. Upon receipt of such notice, the commission shall formally appoint the arbitrator and submit to him or her the final offers of the parties. The final offers shall be considered public documents and shall be available from the commission. In lieu of a single arbitrator and upon request of both parties, the commission shall appoint a tripartite arbitration panel consisting of one member selected by each of the parties and a neutral person designated by the commission who shall serve as a chairperson. An arbitration panel has the same powers and duties as provided in this section for any other appointed arbitrator, and all arbitration decisions by such panel shall be determined by majority vote. In lieu of selection of the arbitrator by the parties and upon request of both parties, the commission shall establish a procedure for randomly selecting names of arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators to the parties. Each party shall strike one name from the list. From the remaining 5 names, the commission shall randomly appoint an arbitrator. Unless both parties to an arbitration proceeding otherwise agree in writing, every individual whose name is submitted by the commission for appointment as an arbitrator shall be a resident of this state at the time of submission and every individual who is designated as an arbitration panel chairperson shall be a resident of this state at the time of designation.

SB44, s. 1975 Section 1975. 111.70 (4) (cm) 7. of the statutes is repealed.

SB44, s. 1976 Section 1976. 111.70 (4) (cm) 7g. of the statutes is repealed.

SB44, s. 1977 Section 1977. 111.70 (4) (cm) 7r. (intro.) of the statutes is amended to read:

SB44,814,5 111.70 (4) (cm) 7r. `Other factors Factors considered.' (intro.) In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall also give weight to the following factors:

SB44, s. 1978 Section 1978. 111.70 (4) (cm) 7r. hm. of the statutes is created to read:

SB44,814,9 111.70 (4) (cm) 7r. hm. In a school district, a determination as to which party's proposal best provides for a fundamental right to an equal opportunity for a sound basic education under article X, section 3, of the constitution.

SB44, s. 1979 Section 1979. 111.70 (4) (cm) 7r. ie. of the statutes is created to read:

SB44,814,14 111.70 (4) (cm) 7r. ie. Any state law or directive lawfully issued by a state legislative or administrative officer, body, or agency which places limitations on expenditures that may be made or revenues that may be collected by a municipal employer.

SB44, s. 1980 Section 1980. 111.70 (4) (cm) 7r. ir. of the statutes is created to read:

SB44,814,17 111.70 (4) (cm) 7r. ir. Economic conditions in the jurisdiction of the municipal employer.

SB44, s. 1981 Section 1981. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated, renumbered 111.70 (4) (cm) 8m. and amended to read:

SB44,815,8 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for the initial collective bargaining agreement between the parties and except as the parties otherwise agree, every collective bargaining agreement covering municipal employees subject to this paragraph other than school district professional employees shall be for a term of 2 years. No, but in no case may a collective bargaining agreement for any collective bargaining unit consisting of municipal employees subject to this paragraph other than school district professional employees shall be for a term exceeding 3 years. c. No arbitration award may contain a provision for reopening of negotiations during the term of a collective bargaining agreement, unless both parties agree to such a provision. The requirement for agreement by both parties does not apply to a provision for reopening of negotiations with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation.

SB44, s. 1982 Section 1982. 111.70 (4) (cm) 8m. b. of the statutes is repealed.

SB44, s. 1983 Section 1983. 111.70 (4) (cm) 8p. of the statutes is repealed.

SB44, s. 1984 Section 1984. 111.70 (4) (cm) 8s. of the statutes is repealed.

SB44, s. 1985 Section 1985. 111.70 (4) (d) 2. a. of the statutes is amended to read:

SB44,816,16 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective bargaining unit for the purpose of collective bargaining and shall whenever possible, unless otherwise required under this subchapter, avoid fragmentation by maintaining as few collective bargaining units as practicable in keeping with the size of the total municipal work force. In making such a determination, the commission may decide whether, in a particular case, the municipal employees in the same or several departments, divisions, institutions, crafts, professions, or other occupational groupings constitute a collective bargaining unit. Before making its determination, the commission may provide an opportunity for the municipal employees concerned to determine, by secret ballot, whether or not they desire to be established as a separate collective bargaining unit. The commission shall not decide, however, that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both municipal employees who are school district professional employees and municipal employees who are not school district professional employees. The commission shall not decide , however, that any other group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both professional employees and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. The commission shall not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both craft employees and noncraft employees unless a majority of the craft employees vote for inclusion in the unit. The commission shall place the professional employees who are assigned to perform any services at a charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any other professional employees whenever at least 30% of those professional employees request an election to be held to determine that issue and a majority of the professional employees at the charter school who cast votes in the election decide to be represented in a separate collective bargaining unit. Any vote taken under this subsection shall be by secret ballot.

SB44, s. 1986 Section 1986. 111.70 (4) (p) of the statutes is created to read:

SB44,816,23 111.70 (4) (p) Additional mandatory subjects of bargaining in school districts. 1. In a school district, the municipal employer is required to bargain collectively with respect to education policy, except that no dispute relating to an education policy issue is subject to interest arbitration under par. (cm) 6. unless all parties to the dispute agree, in writing, to make such an issue subject to interest arbitration under par. (cm) 6.

SB44,817,3 2. Notwithstanding subd. 1., in a school district, if the municipal employer makes a proposal that provides that employee compensation or performance expectations are linked with student academic performance, the labor organization may include in its single final offer under par. (cm) 6. am. any proposal to meet the performance expectations, including a proposal affecting education policy.

SB44, s. 1987 Section 1987. 111.81 (5) of the statutes is amended to read:

SB44,817,6 111.81 (5) "Department" means the department of employment relations administration.

SB44, s. 1988 Section 1988. 111.81 (5m) of the statutes is created to read:

SB44,817,9 111.81 (5m) "Assistant district attorney" includes an assignable prosecutor, as defined in s. 978.001 (1c).

SB44, s. 1989 Section 1989. 111.815 (3) of the statutes is repealed.

SB44, s. 1990 Section 1990. 111.86 (2) of the statutes is amended to read:

SB44,817,18 111.86 (2) The department 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 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) 20.505 (1) (ko).

SB44, s. 1991 Section 1991. 111.91 (2) (c) of the statutes is amended to read:

SB44,817,21 111.91 (2) (c) Disciplinary actions and position abandonments governed by s. 230.34 (1) (a) (ah), (am) and (ar), except as provided in those paragraphs.

SB44, s. 1992 Section 1992. 111.91 (2) (j) of the statutes is amended to read:

SB44,817,23 111.91 (2) (j) Creditable service to which s. 40.25 (7) (f) 40.285 (2) (b) 4. applies.

SB44, s. 1993 Section 1993. 114.33 (10) of the statutes is amended to read:

SB44,818,14 114.33 (10) Subject to the approval of the governor under this subsection, the secretary may sell at public or private sale property of whatever nature owned by the state and under the jurisdiction of the secretary when the secretary determines that the property is no longer necessary for the state's use for airport purposes and, if real property, the real property is not the subject of a petition under s. 16.375 560.9810. The secretary shall present to the governor a full and complete report of the property to be sold, the reason for the sale, and the minimum price for which the property should be sold, together with an application for the governor's approval of the sale. The governor shall investigate the proposed sale as he or she deems necessary and approve or disapprove the application. Upon approval and receipt of the full purchase price, the secretary shall by appropriate deed or other instrument transfer the property to the purchaser. The funds derived from the sale shall be deposited in the appropriate airport fund, and the expense incurred by the secretary in connection with the sale shall be paid from that fund.

SB44, s. 1994 Section 1994. 115.28 (25) of the statutes is repealed.

SB44, s. 1995 Section 1995. 115.28 (30) (b) 1. to 6. of the statutes are amended to read:

SB44,818,18 115.28 (30) (b) 1. Two One full-time consultants consultant in agriculture education.

SB44,818,19 2. Two One full-time consultants consultant in business education.

SB44,818,20 3. Two One full-time consultants consultant in technology education.

SB44,818,22 4. Two One full-time consultants consultant in family and consumer sciences education.

SB44,818,23 5. Two One full-time consultants consultant in marketing education.

SB44,818,24 6. One full-time half-time consultant in health science education.

SB44, s. 1996 Section 1996. 115.29 (4) of the statutes is renumbered 115.29 (4) (a).