Amendment AA1-ASA1-AB40

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AB40-ASA1-AA1,38,15 " Section 1304p. 46.284 (4) (m) of the statutes is repealed.".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was previously employed by a county, which participated in creating the district and at the time of the offer had not withdrawn or been removed from the district under sub.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AB40-ASA1-AA1, s. 1305p Section 1305p. 46.2898 of the statutes is repealed.".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:

AB40-ASA1-AA1,44,15 " Section 2311p. 100.45 (1) (dm) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,45,2 100.45 (1) (dm) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.".

AB40-ASA1-AA1,45,3 77. Page 951, line 22: after that line insert:

AB40-ASA1-AA1,45,5 " Section 2378d. 101.177 (1) (d) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,45,16 101.177 (1) (d) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority and the Lower Fox River Remediation Authority.".

AB40-ASA1-AA1,45,17 78. Page 956, line 1: before that line insert:

AB40-ASA1-AA1,45,18 " Section 2407bg. 111.70 (3p) of the statutes is repealed.

AB40-ASA1-AA1, s. 2407br Section 2407br. 111.70 (4) (intro.) of the statutes is amended to read:

AB40-ASA1-AA1,45,23 111.70 (4) Powers of the commission. (intro.) The commission shall conduct any election under this subsection by secret ballot and shall be governed by adhere to the following provisions relating to bargaining in municipal employment in addition to other powers and duties provided in this subchapter:

AB40-ASA1-AA1, s. 2407bt Section 2407bt. 111.70 (4) (bm) of the statutes is created to read:

AB40-ASA1-AA1,46,5 111.70 (4) (bm) Transit employee determination. The commission shall determine that any municipal employee is a transit employee if the commission determines that the municipal employer who employs the municipal employee would lose federal funding under 49 USC 5333 (b) if the municipal employee is not a transit employee.

AB40-ASA1-AA1, s. 2407cg Section 2407cg. 111.70 (4) (c) (title) of the statutes is amended to read:

AB40-ASA1-AA1,46,8 111.70 (4) (c) (title) Methods for peaceful settlement of disputes; law enforcement and fire fighting personnel public safety employees.

AB40-ASA1-AA1, s. 2407cr Section 2407cr. 111.70 (4) (c) 1. of the statutes is amended to read:

AB40-ASA1-AA1,46,15 111.70 (4) (c) 1. `Mediation.' The commission may function as a mediator in labor disputes involving a collective bargaining unit containing a public safety employee. Such mediation may be carried on by a person designated to act by the commission upon request of one or both of the parties or upon initiation of the commission. The function of the mediator shall be is to encourage voluntary settlement by the parties but no mediator shall have has the power of compulsion.

AB40-ASA1-AA1, s. 2407dg Section 2407dg. 111.70 (4) (c) 2. a. of the statutes is renumbered 111.70 (4) (c) 2. and amended to read:

AB40-ASA1-AA1,46,22 111.70 (4) (c) 2. `Arbitration.' Parties to a dispute pertaining to the meaning or application of the terms of a written collective bargaining agreement involving a collective bargaining unit containing a public safety employee may agree in writing to have the commission or any other appropriate agency serve as arbitrator or may designate any other competent, impartial and disinterested person to so serve.

AB40-ASA1-AA1, s. 2407dgm Section 2407dgm. 111.70 (4) (c) 2. b. of the statutes is repealed.

AB40-ASA1-AA1, s. 2407dr Section 2407dr. 111.70 (4) (c) 3. of the statutes is amended to read:

AB40-ASA1-AA1,47,8 111.70 (4) (c) 3. `Fact-finding.' If Unless s. 111.77 applies, if a dispute involving a collective bargaining unit containing a public safety employee has not been settled after a reasonable period of negotiation and after the settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them arising in the collective bargaining process, either party, or the parties jointly, may petition the commission, in writing, to initiate fact-finding, as provided hereafter, and to make recommendations to resolve the deadlock., as follows:

AB40-ASA1-AA1,47,14 a. Upon receipt of a the petition to initiate fact-finding, the commission shall make an investigation with or without a formal hearing, to determine whether a deadlock in fact exists. After its investigation the commission shall certify the results thereof. If the commission decides that fact-finding should be initiated, it shall appoint a qualified, disinterested person or 3-member panel, when jointly requested by the parties, to function as a fact finder.

AB40-ASA1-AA1,47,24 b. The fact finder appointed under subd. 3. a. may establish dates and place of hearings which shall be where feasible, and shall conduct the hearings pursuant to rules established by the commission. Upon request, the commission shall issue subpoenas for hearings conducted by the fact finder. The fact finder may administer oaths. Upon completion of the hearing, the fact finder shall make written findings of fact and recommendations for solution of the dispute and shall cause the same to be served on the parties and the commission. Cost of fact-finding proceedings shall be divided equally between the parties. At the time the fact finder submits a statement of his or her costs to the parties, the fact finder shall submit a copy thereof of the statement to the commission at its Madison office.

AB40-ASA1-AA1,48,4 c. Nothing herein shall be construed as prohibiting in this subdivision prohibits any fact finder appointed under subd. 3. a. from endeavoring to mediate the dispute, in which the fact finder is involved, at any time prior to the issuance of the fact finder's recommendations.

AB40-ASA1-AA1,48,9 d. Within 30 days of the receipt of the fact finder's recommendations under subd. 3. b., or within the time period mutually agreed upon by the parties, each party shall advise give notice to the other party, in writing as to its acceptance or rejection, in whole or in part, of the fact finder's recommendations and, at the same time, transmit a copy of such the notice to the commission at its Madison office.

AB40-ASA1-AA1, s. 2407eg Section 2407eg. 111.70 (4) (c) 4. of the statutes is repealed.

AB40-ASA1-AA1, s. 2407ep Section 2407ep. 111.70 (4) (cg) of the statutes is created to read:

AB40-ASA1-AA1,48,22 111.70 (4) (cg) Methods for peaceful settlement of disputes; transit employees. 1. `Notice of commencement of contract negotiations.' To advise the commission of the commencement of contract negotiations involving a collective bargaining unit containing transit employees, whenever either party requests the other to reopen negotiations under a binding collective bargaining agreement, or the parties otherwise commence negotiations if no collective bargaining agreement exists, the party requesting negotiations shall immediately notify the commission in writing. Upon failure of the requesting party to provide notice, the other party may provide notice to the commission. The notice shall specify the expiration date of the existing collective bargaining agreement, if any, and shall provide any additional information the commission may require on a form provided by the commission.

AB40-ASA1-AA1,49,5 2. `Presentation of initial proposals; open meetings.' The meetings between parties to a collective bargaining agreement or proposed collective bargaining agreement under this subchapter that involve a collective bargaining unit containing a transit employee and that are held to present initial bargaining proposals, along with supporting rationale, are open to the public. Each party shall submit its initial bargaining proposals to the other party in writing. Failure to comply with this subdivision does not invalidate a collective bargaining agreement under this subchapter.