Amendment AA1-ASA1-AB40

AB40-ASA1-AA1,96,2 111.91 (1) (c) The employer is prohibited from bargaining with a collective bargaining unit under s. 111.825 (1) (g) on matters contained in sub. (2).

AB40-ASA1-AA1, s. 2424hg Section 2424hg. 111.91 (1) (cg) of the statutes is repealed.

AB40-ASA1-AA1, s. 2424hr Section 2424hr. 111.91 (1) (cm) of the statutes is amended to read:

AB40-ASA1-AA1,96,10 111.91 (1) (cm) Except as provided in sub. (2) (g) and (h) and ss. 40.02 (22) (e) and 40.23 (1) (f) 4., all laws governing the Wisconsin retirement system under ch. 40 and all actions of the employer that are authorized under any such law which apply to nonrepresented individuals employed by the state shall apply to similarly situated public safety employees, unless otherwise specifically provided in a collective bargaining agreement that applies to those the public safety employees.

AB40-ASA1-AA1, s. 2424ig Section 2424ig. 111.91 (1) (d) of the statutes is amended to read:

AB40-ASA1-AA1,96,14 111.91 (1) (d) Demands In the case of a collective bargaining unit under s. 111.825 (1) (g), demands relating to retirement and group insurance shall be submitted to the employer at least one year prior to commencement of negotiations.

AB40-ASA1-AA1, s. 2424ir Section 2424ir. 111.91 (1) (e) of the statutes is repealed.

AB40-ASA1-AA1, s. 2424jg Section 2424jg. 111.91 (2) (intro.) of the statutes is amended to read:

AB40-ASA1-AA1,96,18 111.91 (2) (intro.) The employer is prohibited from bargaining on with a collective bargaining unit under s. 111.825 (1) (g) with respect to all of the following:".

AB40-ASA1-AA1,96,19 94. Page 985, line 15: after that line insert:

AB40-ASA1-AA1,96,20 " Section 2424jr. 111.91 (2) (gu) of the statutes is amended to read:

AB40-ASA1-AA1,97,2 111.91 (2) (gu) The right of an a public safety employee, who is an employee, as defined in s. 103.88 (1) (d), and who is a fire fighter, emergency medical technician, first responder, or ambulance driver for a volunteer fire department or fire company, a public agency, as defined in s. 256.15 (1) (n), or a nonprofit corporation, as defined in s. 256.01 (12), to respond to an emergency as provided under s. 103.88 (2).

AB40-ASA1-AA1, s. 2425g Section 2425g. 111.91 (2c) of the statutes is repealed.

AB40-ASA1-AA1, s. 2425p Section 2425p. 111.91 (3) of the statutes is created to read:

AB40-ASA1-AA1,97,6 111.91 (3) The employer is prohibited from bargaining with a collective bargaining unit containing a general employee with respect to any of the following:

AB40-ASA1-AA1,97,10 (a) Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions.

AB40-ASA1-AA1,97,13 (b) Unless the electors in a statewide referendum approve a total base wages increase that exceeds the total base wages expenditure described in this paragraph, any proposal that does any of the following:

AB40-ASA1-AA1,97,18 1. If there is an increase in the consumer price index change, provides for total base wages for authorized positions in the proposed collective bargaining agreement that exceed the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement by a greater percentage than the consumer price index change.

AB40-ASA1-AA1,97,22 2. If there is a decrease or no change in the consumer price index change, provides for any change in total base wages for authorized positions in the proposed collective bargaining agreement from the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement.

AB40-ASA1-AA1, s. 2425s Section 2425s. 111.91 (3q) of the statutes is created to read:

AB40-ASA1-AA1,98,3 111.91 (3q) For purposes of determining compliance with sub. (3), the commission shall provide, upon request, to the employer or to any representative of a collective bargaining unit containing a general employee, the consumer price index change during any 12-month period. The commission may get the information from the department of revenue.".

AB40-ASA1-AA1,98,5 95. Page 986, line 1: delete the material beginning with that line and ending with page 987, line 17, and substitute:

AB40-ASA1-AA1,98,6 " Section 2426gb. 111.92 (1) (a) of the statutes is amended to read:

AB40-ASA1-AA1,99,5 111.92 (1) (a) Any tentative agreement reached between the office, or, as provided in s. 111.815 (1), the department of health services, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1), or (2) (a) to (e), or (2g) shall, after official ratification by the labor organization, be submitted by the office or department of health services to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and which recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.

AB40-ASA1-AA1, s. 2426gh Section 2426gh. 111.92 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 10 and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

AB40-ASA1-AA1,99,12 111.92 (1) (a) 1. Any tentative agreement reached between the office and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or (2) (d) or (e) shall, after official ratification by the labor organization, be submitted by the office to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

AB40-ASA1-AA1,99,25 4. If the committee approves a tentative agreement under subd. 1., 2., or 3., it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and which recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.

AB40-ASA1-AA1, s. 2426L Section 2426L. 111.92 (1) (a) 2. and 3. of the statutes are created to read:

AB40-ASA1-AA1,100,12 111.92 (1) (a) 2. Any tentative agreement reached between the Board of Regents of the University of Wisconsin System, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1r) shall, after official ratification by the labor organization, be submitted by the Board of Regents of the University of Wisconsin System to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

AB40-ASA1-AA1,100,19 3. Any tentative agreement reached between the University of Wisconsin-Madison, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1t) shall, after official ratification by the labor organization and approval by the Board of Regents of the University of Wisconsin System, be submitted by the University of Wisconsin-Madison to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

AB40-ASA1-AA1, s. 2426m Section 2426m. 111.92 (1) (b) of the statutes is repealed.".

AB40-ASA1-AA1,100,21 96. Page 987, line 24: after that line insert:

AB40-ASA1-AA1,100,22 " Section 2426q. 111.92 (2m) of the statutes is repealed.

AB40-ASA1-AA1, s. 2426r Section 2426r. 111.92 (3) of the statutes is renumbered 111.92 (3) (a) and amended to read:

AB40-ASA1-AA1,101,2 111.92 (3) (a) Agreements covering a collective bargaining unit specified under s. 111.825 (1) (g) shall coincide with the fiscal year or biennium.

AB40-ASA1-AA1, s. 2426s Section 2426s. 111.92 (3) (b) of the statutes is created to read:

AB40-ASA1-AA1,101,7 111.92 (3) (b) No agreements covering a collective bargaining unit containing a general employee may be for a period that exceeds one year, and each agreement must coincide with the fiscal year. Agreements covering a collective bargaining unit containing a general employee may not be extended.".

AB40-ASA1-AA1,101,9 97. Page 987, line 25: delete the material beginning with that line and ending with page 988, line 9, and substitute:

AB40-ASA1-AA1,101,11 " Section 2426t. 111.93 (3) of the statutes is renumbered 111.93 (3) (intro.) and amended to read:

AB40-ASA1-AA1,101,13 111.93 (3) (intro.) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm), 230.35 (2d) and (3) (e) 6., and 230.88 (2) (b), if all of the following apply:

AB40-ASA1-AA1,101,21 (a) If a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit under s. 111.825 (1) (g), the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the board of regents Board of Regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

AB40-ASA1-AA1, s. 2426tb Section 2426tb. 111.93 (3) (a) of the statutes, as affected by 2011 Wisconsin Act 10 and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

AB40-ASA1-AA1,102,8 111.93 (3) (a) If a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit under s. 111.825 (1) (g), the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the University of Wisconsin-Madison and the Board of Regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

AB40-ASA1-AA1, s. 2426u Section 2426u. 111.93 (3) (b) of the statutes is created to read:

AB40-ASA1-AA1,102,17 111.93 (3) (b) If a collective bargaining agreement exists between the employer and a labor organization representing general employees in a collective bargaining unit, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the Board of Regents of the University of Wisconsin System and rules and policies of the Board of Trustees of the University of Wisconsin-Madison, related to wages, whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.".

AB40-ASA1-AA1,102,18 98. Page 988, line 17: after that line insert:

AB40-ASA1-AA1,102,20 " Section 2431p. Subchapter VI of chapter 111 [precedes 111.95] of the statutes is repealed.".

AB40-ASA1-AA1,102,21 101. 99. Page 995, line 7: after that line insert:

AB40-ASA1-AA1,102,22 " Section 2487g. 118.22 (4) of the statutes is repealed.

AB40-ASA1-AA1, s. 2487i Section 2487i. 118.223 of the statutes is created to read:

AB40-ASA1-AA1,103,2 118.223 Collective bargaining. Except as provided under subch. IV of ch. 111, no school board may collectively bargain with its employees.

AB40-ASA1-AA1, s. 2487k Section 2487k. 118.23 (5) of the statutes is repealed.

AB40-ASA1-AA1, s. 2487n Section 2487n. 118.245 of the statutes is created to read:

AB40-ASA1-AA1,103,13 118.245 Referendum; increase in employee wages. (1) If a school board wishes to increase the total base wages of its employees in an amount that exceeds the limit under s. 111.70 (4) (mb) 2., the school board 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 April for collective bargaining agreements that begin in July of that year. The results of a referendum apply to the total base wages only in the next collective bargaining agreement.

AB40-ASA1-AA1,103,18 (2) The question submitted in the referendum shall be substantially as follows: "Shall the employees in the .... [school district] receive a total increase on 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-AA1,103,19 100. Page 1002, line 19: after that line insert:

AB40-ASA1-AA1,103,20 " Section 2507ag. 118.42 (3) (a) 4. of the statutes is amended to read:

AB40-ASA1-AA1,103,22 118.42 (3) (a) 4. Implement changes in administrative and personnel structures that are consistent with applicable collective bargaining agreements.

AB40-ASA1-AA1, s. 2507ak Section 2507ak. 118.42 (5) of the statutes is amended to read:

AB40-ASA1-AA1,104,3 118.42 (5) Nothing in this section alters or otherwise affects the rights or remedies afforded school districts and school district employees under federal or state law or under the terms of any applicable collective bargaining agreement.".

AB40-ASA1-AA1,104,5 101. Page 1045, line 19: delete the material beginning with that line and ending with page 1046, line 3, and substitute:

AB40-ASA1-AA1,104,7 " Section 2533b. 119.04 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,104,16 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.365 (3), 115.38 (2), 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.".

AB40-ASA1-AA1,104,17 102. Page 1057, line 6: after that line insert:

AB40-ASA1-AA1,104,18 " Section 2558m. 120.12 (15) of the statutes is amended to read:

AB40-ASA1-AA1,105,2 120.12 (15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. The equivalent of 180 such days, as defined in s. 115.01 (10), shall be held during the school term. This subsection shall not be construed to eliminate a school district's duty to bargain with the employee's collective bargaining representative over any calendaring proposal which is primarily related to wages, hours and conditions of employment.

AB40-ASA1-AA1, s. 2559p Section 2559p. 120.18 (1) (gm) of the statutes is amended to read:

AB40-ASA1-AA1,105,20 120.18 (1) (gm) Payroll and related benefit costs for all school district employees in the previous school year. Costs Payroll costs for represented employees shall be based upon the costs of wages of any collective bargaining agreements covering such employees for the previous school year. If, as of the time specified by the department for filing the report, the school district has not entered into a collective bargaining agreement for any portion of the previous school year with the recognized or certified representative of any of its employees and the school district and the representative have been required to submit final offers under s. 111.70 (4) (cm) 6., increased costs limited to the lower of the school district's offer or the representative's offer shall be of wages reflected in the report shall be equal to the maximum wage expenditure that is subject to collective bargaining under s. 111.70 (4) (mb) 2. for the employees. The school district shall amend the annual report to reflect any change in such costs as a result of any award or settlement under s. 111.70 (4) (cm) 6. collective bargaining agreement entered into between the date of filing the report and October 1. Any such amendment shall be concurred in by the certified public accountant licensed or certified under ch. 442 certifying the school district audit.".

AB40-ASA1-AA1,105,21 103. Page 1111, line 17: after that line insert:

AB40-ASA1-AA1,105,22 " Section 2648b. 146.59 of the statutes is repealed.".

AB40-ASA1-AA1,105,23 104. Page 1146, line 3: after that line insert:

AB40-ASA1-AA1,105,24 " Section 2751d. 230.01 (3) of the statutes is amended to read:

AB40-ASA1-AA1,106,2 230.01 (3) Nothing in this chapter shall be construed to either infringe upon or supersede the rights guaranteed state employees under subch. V or VI of ch. 111.".

AB40-ASA1-AA1,106,3 105. Page 1146, line 4: before that line insert:

AB40-ASA1-AA1,106,5 " Section 2751dm. 230.03 (3) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,106,15 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.".

AB40-ASA1-AA1,106,17 106. Page 1146, line 5: delete: "7, is amended" and substitute "10 and 2011 Wisconsin Act ... (this act), is repealed and recreated".

AB40-ASA1-AA1,106,20 107. Page 1146, line 10: delete "the Board of Regents of the University of Wisconsin System," and substitute "the Board of Regents of the University of Wisconsin System,".

AB40-ASA1-AA1,106,21 108. Page 1146, line 13: delete "52,".

AB40-ASA1-AA1,106,22 109. Page 1147, line 2: after that line insert:

AB40-ASA1-AA1,106,23 " Section 2751mb. 230.04 (16) of the statutes is amended to read:

AB40-ASA1-AA1,107,2 230.04 (16) The director may appoint either a deputy director or an executive assistant outside the classified service.

AB40-ASA1-AA1, s. 2751mk Section 2751mk. 230.046 (10) (a) of the statutes is amended to read:

AB40-ASA1-AA1,107,5 230.046 (10) (a) Conduct off-the-job employee development and training programs relating to functions under this chapter or subch. V or VI of ch. 111.".

AB40-ASA1-AA1,107,6 110. Page 1147, line 5: after that line insert:

AB40-ASA1-AA1, s. 2753d Section 2753d. 230.08 (2) (e) 1. of the statutes is amended to read:

AB40-ASA1-AA1,107,8 230.08 (2) (e) 1. Administration — 14 12.

AB40-ASA1-AA1, s. 2753g Section 2753g. 230.08 (2) (e) 2. of the statutes is amended to read:

AB40-ASA1-AA1,107,10 230.08 (2) (e) 2. Agriculture, trade and consumer protection — 6 9.