Amendment AA1-ASA1-AB40

AB40-ASA1-AA1, s. 1151g Section 1151g. 40.05 (4g) (a) 4. of the statutes is amended to read:

AB40-ASA1-AA1,34,6 40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V or VI of ch. 111 or under rules promulgated by the director of the office of state employment relations or is eligible for reemployment with the state under s. 321.64 after completion of his or her service in the U.S. armed forces.

AB40-ASA1-AA1, s. 1151p Section 1151p. 40.05 (5) (intro.) of the statutes is amended to read:

AB40-ASA1-AA1,34,12 40.05 (5) Income continuation insurance premiums. (intro.) For the income continuation insurance provided under subch. V the employee shall pay the amount remaining after the employer has contributed the following or, if different, the amount determined under a collective bargaining agreement under subch. I, V, or VI of ch. 111 or s. 230.12 or 233.10:".

AB40-ASA1-AA1,34,13 55. Page 485, line 21: delete lines 21 to 24 and substitute:

AB40-ASA1-AA1,34,15 " Section 1153b. 40.05 (5) (b) 4. of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,34,18 40.05 (5) (b) 4. The accrual and crediting of sick leave shall be determined in accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5) and subch. V of ch. 111.".

AB40-ASA1-AA1,34,19 56. Page 485, line 24: after that line insert:

AB40-ASA1-AA1,34,20 " Section 1153c. 40.05 (6) (a) of the statutes is amended to read:

AB40-ASA1-AA1,35,4 40.05 (6) (a) Except as otherwise provided in accordance with a collective bargaining agreement under subch. I, V, or VI of ch. 111 or s. 230.12 or 233.10, each insured employee under the age of 70 and annuitant under the age of 65 shall pay for group life insurance coverage a sum, approved by the group insurance board, which shall not exceed 60 cents monthly for each $1,000 of group life insurance, based upon the last amount of insurance in force during the month for which earnings are paid. The equivalent premium may be fixed by the group insurance board if the annual compensation is paid in other than 12 monthly installments.".

AB40-ASA1-AA1,35,5 57. Page 487, line 19: after that line insert:

AB40-ASA1-AA1,35,6 " Section 1156gh. 40.23 (2m) (e) 2. of the statutes is amended to read:

AB40-ASA1-AA1,35,12 40.23 (2m) (e) 2. For each participant for creditable service as an elected official or as an executive participating employee that is performed before January 1, 2000, 2.165%; for such creditable service that is performed on or after January 1, 2000, but before the effective date of this subdivision .... [LRB inserts date], 2%; and for such creditable service that is performed on or after the effective date of this subdivision .... [LRB inserts date], 1.6%.".

AB40-ASA1-AA1,35,13 58. Page 489, line 18: after that line insert:

AB40-ASA1-AA1,35,14 " Section 1156tm. 40.32 (1) of the statutes is amended to read:

AB40-ASA1-AA1,35,21 40.32 (1) The sum of all contributions allocated to a participant's account under each defined contribution plan sponsored by the employer, including all employer contributions and picked-up contributions credited with interest at the effective rate under ss. 40.04 (4) (a) and (5) (b) and 40.05 (2) (g) and all employee contributions made under ss. 40.02 (17) and 40.05 (1) and (2m), may not in any calendar year exceed the maximum contribution limitation established under section 415 (c) of the Internal Revenue Code.".

AB40-ASA1-AA1,35,23 59. Page 489, line 19: delete the material beginning with that line and ending with page 491, line 2, and substitute:

AB40-ASA1-AA1,36,2 " Section 1156ym. 40.51 (7) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,36,14 40.51 (7) (a) Any employer, other than the state, may offer to all of its employees a health care coverage plan through a program offered by the group insurance board. Notwithstanding sub. (2) and ss. 40.05 (4) and 40.52 (1), the department may by rule establish different eligibility standards or contribution requirements for such employees and employers and may by rule limit the categories of employers, other than the state, which may be included as participating employers under this subchapter. Beginning on January 1, 2012, except as otherwise provided in a collective bargaining agreement under subch. IV of ch. 111 and except as provided in par. (b), an employer may not offer a health care coverage plan to its employees under this subsection if the employer pays more than 88 percent of the average premium cost of plans offered in any tier with the lowest employee premium cost under this subsection.

AB40-ASA1-AA1,36,21 (b) 1. A municipal employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee, who was initially employed by the municipal employer before the effective date of this subdivision .... [LRB inserts date], the same percentage under par. (a) that is paid by the municipal employer for represented law enforcement or fire fighting personnel who were initially employed by the municipal employer before the effective date of this subdivision .... [LRB inserts date].

AB40-ASA1-AA1,37,7 2. A municipal employer shall pay, on behalf of a represented law enforcement or fire fighting employee, who was initially employed by the municipal employer before the effective date of this subdivision .... [LRB inserts date], and who on or after the effective date of this subdivision .... [LRB inserts date], became employed in a nonrepresented law enforcement or fire fighting managerial position with the same municipal employer, or a successor municipal employer in the event of a combined department that is created on or after the effective date of this subdivision .... [LRB inserts date], the same percentage under par. (a) that is paid by the municipal employer for represented law enforcement or fire fighting personnel who were initially employed by the municipal employer before the effective date of this subdivision .... [LRB inserts date].".

AB40-ASA1-AA1,37,8 60. Page 491, line 2: after that line insert:

AB40-ASA1-AA1,37,10 " Section 1158m. 40.52 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,37,19 40.52 (3) The group insurance board, after consulting with the board of regents of the University of Wisconsin System, shall establish the terms of a health insurance plan for graduate assistants or teaching assistants, and for employees-in-training designated by the board of regents, who are employed on at least a one-third full-time basis and for teachers who are employed on at least a one-third full-time basis by the University of Wisconsin System with an expected duration of employment of at least 6 months but less than one year. Annually, the director of the office of state employment relations shall establish the amount that the employer and employees are required to pay in premium costs under this subsection.".

AB40-ASA1-AA1,37,20 61. Page 491, line 12: delete lines 12 to 16 and substitute:

AB40-ASA1-AA1,37,22 " Section 1161m. 40.62 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,38,2 40.62 (2) Sick leave accumulation shall be determined in accordance with rules of the department, any collective bargaining agreement under subch. V of ch. 111, and ss. 13.121 (4), 36.30, 49.825 (4) (d) and (5) (d), 49.826 (4) (d), 230.35 (2), 233.10, 238.04 (8), 757.02 (5) and 978.12 (3).".

AB40-ASA1-AA1,38,3 62. Page 491, line 16: after that line insert:

AB40-ASA1-AA1,38,4 " Section 1162g. 40.80 (3) of the statutes is amended to read:

AB40-ASA1-AA1,38,6 40.80 (3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. V or VI of ch. 111.

AB40-ASA1-AA1, s. 1162p Section 1162p. 40.81 (3) of the statutes is amended to read:

AB40-ASA1-AA1,38,9 40.81 (3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. IV, or V, or VI of ch. 111.".

AB40-ASA1-AA1,38,10 63. Page 491, line 19: after that line insert:

AB40-ASA1-AA1,38,11 " Section 1163d. 40.95 (1) (a) 2. of the statutes is amended to read:

AB40-ASA1-AA1,38,13 40.95 (1) (a) 2. The employee has his or her compensation established in a collective bargaining agreement under subch. V or VI of ch. 111.".

AB40-ASA1-AA1,38,14 64. Page 512, line 19: after that line insert:

AB40-ASA1-AA1,38,15 " Section 1304p. 46.284 (4) (m) of the statutes is repealed.".

AB40-ASA1-AA1,38,16 65. Page 513, line 2: after that line insert:

AB40-ASA1-AA1,38,17 " Section 1305g. 46.2895 (8) (a) 1. of the statutes is amended to read:

AB40-ASA1-AA1,39,8 46.2895 (8) (a) 1. If the long-term care district offers employment to any individual who was previously employed by a county, which participated in creating the district and at the time of the offer had not withdrawn or been removed from the district under sub. (14), and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district and whose wages, hours and conditions of employment were established in a collective bargaining agreement with the county under subch. IV of ch. 111 that is in effect on the date that the individual commences employment with the district, with respect to that individual, abide by the terms of the collective bargaining agreement concerning the individual's wages and, if applicable, vacation allowance, sick leave accumulation, sick leave bank, holiday allowance, funeral leave allowance, personal day allowance, or paid time off allowance until the time of the expiration of that collective bargaining agreement or adoption of a collective bargaining agreement with the district under subch. IV of ch. 111 covering the individual as an employee of the district, whichever occurs first.

AB40-ASA1-AA1, s. 1305p Section 1305p. 46.2898 of the statutes is repealed.".

AB40-ASA1-AA1,39,10 66. Page 513, line 17: after that line insert:

AB40-ASA1-AA1,39,11 " Section 1309p. 46.48 (9m) of the statutes is repealed.".

AB40-ASA1-AA1,39,12 67. Page 624, line 7: after that line insert:

AB40-ASA1-AA1,39,13 " Section 1545nd. 49.825 (3) (b) 4. of the statutes is repealed.".

AB40-ASA1-AA1,39,14 68. Page 626, line 8: after that line insert:

AB40-ASA1-AA1,39,15 " Section 1546n. 49.826 (3) (b) 4. of the statutes is repealed.".

AB40-ASA1-AA1,39,16 69. Page 637, line 20: after that line insert:

AB40-ASA1-AA1,39,17 " Section 1667m. Chapter 52 of the statutes is repealed.".

AB40-ASA1-AA1,39,18 70. Page 658, line 17: after that line insert:

AB40-ASA1-AA1,39,19 " Section 1721g. 66.0506 of the statutes is created to read:

AB40-ASA1-AA1,40,2 66.0506 Referendum; increase in employee wages. (1) In this section, "local governmental unit" means any city, village, town, county, metropolitan sewerage district, long-term care district, transit authority under s. 59.58 (7) or 66.1039, local cultural arts district under subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state.

AB40-ASA1-AA1,40,13 (2) If any local governmental unit wishes to increase the total base wages of its general municipal employees, as defined in s. 111.70 (1) (fm), who are part of a collective bargaining unit under subch. IV of ch. 111, in an amount that exceeds the limit under s. 111.70 (4) (mb) 2., the governing body of the local governmental unit shall adopt a resolution to that effect. The resolution shall specify the amount by which the proposed total base wages increase will exceed the limit under s. 111.70 (4) (mb) 2. The resolution may not take effect unless it is approved in a referendum called for that purpose. The referendum shall occur in November for collective bargaining agreements that begin the following January 1. The results of a referendum apply to the total base wages only in the next collective bargaining agreement.

AB40-ASA1-AA1,40,19 (3) The referendum question shall be substantially as follows: "Shall the .... [general municipal employees] in the .... [local governmental unit] receive a total increase in wages from $....[current total base wages] to $....[proposed total base wages], which is a percentage wage increase that is .... [x] percent higher than the percent of the consumer price index increase, for a total percentage increase in wages of .... [x]?"

AB40-ASA1-AA1, s. 1721j Section 1721j. 66.0508 of the statutes is created to read:

AB40-ASA1-AA1,40,22 66.0508 Collective bargaining. (1) In this section, "local governmental unit" has the meaning given in s. 66.0506 (1).

AB40-ASA1-AA1,40,24 (1m) Except as provided under subch. IV of ch. 111, no local governmental unit may collectively bargain with its employees.

AB40-ASA1-AA1,41,3 (2) If a local governmental unit has in effect on the effective date of this subsection .... [LRB inserts date], an ordinance or resolution that is inconsistent with sub. (1m), the ordinance or resolution does not apply and may not be enforced.

AB40-ASA1-AA1, s. 1721n Section 1721n. 66.0509 (1m) of the statutes is created to read:

AB40-ASA1-AA1,41,8 66.0509 (1m) (a) A local governmental unit, as defined in s. 66.0131 (1) (a), that does not have a civil service system on the effective date of this paragraph .... [LRB inserts date], shall establish a grievance system not later than the first day of the 4th month beginning after the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1-AA1,41,13 (b) To comply with the grievance system that is required under par. (a), a local governmental unit may establish either a civil service system under any provision authorized by law, to the greatest extent practicable, if no specific provision for the creation of a civil service system applies to that local governmental unit, or establish a grievance procedure as described under par. (d).

AB40-ASA1-AA1,41,16 (c) Any civil service system that is established under any provision of law, and any grievance procedure that is created under this subsection, shall contain at least all of the following provisions:

AB40-ASA1-AA1,41,17 1. A grievance procedure that addresses employee terminations.

AB40-ASA1-AA1,41,18 2. Employee discipline.

AB40-ASA1-AA1,41,19 3. Workplace safety.

AB40-ASA1-AA1,41,21 (d) If a local governmental unit creates a grievance procedure under this subsection, the procedure shall contain at least all of the following elements:

AB40-ASA1-AA1,41,23 1. A written document specifying the process that a grievant and an employer must follow.

AB40-ASA1-AA1,41,24 2. A hearing before an impartial hearing officer.

AB40-ASA1-AA1,42,2 3. An appeal process in which the highest level of appeal is the governing body of the local governmental unit.

AB40-ASA1-AA1,42,7 (e) If an employee of a local governmental unit is covered by a civil service system on the effective date of this paragraph .... [LRB inserts date], and if that system contains provisions that address the provisions specified in par. (c), the provisions that apply to the employee under his or her existing civil service system continue to apply to that employee.

AB40-ASA1-AA1, s. 1721p Section 1721p. 66.0518 of the statutes is created to read:

AB40-ASA1-AA1,42,14 66.0518 Defined benefit pension plans. A local governmental unit, as defined in s. 66.0131 (1) (a), may not establish a defined benefit pension plan for its employees unless the plan requires the employees to pay half of all actuarially required contributions for funding benefits under the plan and prohibits the local governmental unit from paying on behalf of an employee any of the employee's share of the actuarially required contributions.".

AB40-ASA1-AA1,42,15 71. Page 675, line 15: after that line insert:

AB40-ASA1-AA1,42,17 " Section 1740b. 66.1105 (2) (k) of the statutes is renumbered 66.1105 (2) (k) 1. and amended to read:

AB40-ASA1-AA1,43,4 66.1105 (2) (k) 1. "Tax incremental district" means a contiguous geographic area within a city defined and created by resolution of the local legislative body, consisting solely of whole units of property as are assessed for general property tax purposes, other than railroad rights-of-way, rivers or highways. Railroad rights-of-way, rivers or highways may be included in a tax incremental district only if they are continuously bounded on either side, or on both sides, by whole units of property as are assessed for general property tax purposes which are in the tax incremental district. "Tax incremental district" does not include any area identified as a wetland on a map under s. 23.32, except for an area identified on such a map that has been converted in compliance with state law so that it is no longer a wetland and except as provided in subd. 2.

AB40-ASA1-AA1, s. 1740d Section 1740d. 66.1105 (2) (k) 2. of the statutes is created to read:

AB40-ASA1-AA1,43,10 66.1105 (2) (k) 2. For an area that is identified as a wetland on a map under s. 23.32 and that is within the boundaries of a tax incremental district or is part of a tax incremental district parcel, the area shall be considered part of the tax incremental district for determining the applicability of exemptions from or compliance with water quality standards that are applicable to wetlands.".

AB40-ASA1-AA1,43,11 72. Page 682, line 3: after that line insert:

AB40-ASA1-AA1,43,12 " Section 1748dc. 70.11 (41s) of the statutes is repealed.".

AB40-ASA1-AA1,43,13 73. Page 753, line 11: after that line insert:

AB40-ASA1-AA1,43,15 " Section 1894x. 71.26 (1) (be) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,43,20 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan Authority, of the Wisconsin Quality Home Care Authority, of the Fox River Navigational System Authority, of the Wisconsin Economic Development Corporation, and of the Wisconsin Aerospace Authority.".

AB40-ASA1-AA1,43,21 74. Page 864, line 6: after that line insert:

AB40-ASA1-AA1,43,22 " Section 2135p. 73.03 (68) of the statutes is created to read:

AB40-ASA1-AA1,44,4 73.03 (68) At the request of the Wisconsin Employment Relations Commission, as provided under s. 111.70 (4) (mbb) or 111.91 (3q), to determine the average annual percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the federal department of labor, for the 12 months immediately preceding the request from the Wisconsin Employment Relations Commission.".

AB40-ASA1-AA1,44,5 75. Page 875, line 19: after that line insert:

AB40-ASA1-AA1,44,7 " Section 2179m. 77.54 (9a) (a) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,44,12 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.".

AB40-ASA1-AA1,44,13 76. Page 934, line 10: after that line insert: