Amendment AA1-ASA1-AB40

AB40-ASA1-AA1,109,13 118. Page 1148, line 24: delete "is amended" and substitute ", as affected by 2011 Wisconsin Act 10, is repealed and recreated".

AB40-ASA1-AA1,109,14 119. Page 1149, line 1: delete lines 1 to 20 and substitute:

AB40-ASA1-AA1,110,5 "230.09 (2) (g) When filling a new or vacant position, if the director determines that the classification for a position is different than that provided for by the legislature as established by law or in budget determinations, or as authorized by the joint committee on finance under s. 13.10, or as specified by the governor creating positions under s. 16.505 (1) (c) or (2), or is different than that of the previous incumbent, the director shall notify the administrator and the secretary of administration. The administrator shall withhold action on the selection and certification process for filling the position. The secretary of administration shall review the position to determine that sufficient funds exist for the position and that the duties and responsibilities of the proposed position reflect the intent of the legislature as established by law or in budget determinations, the intent of the joint committee on finance acting under s. 13.10, the intent of the governor creating positions under s. 16.505 (1) (c) or (2). The administrator may not proceed with the". selection and certification process until the secretary of administration has authorized the position to be filled.

AB40-ASA1-AA1,110,6 120. Page 1149, line 20: after that line insert:

AB40-ASA1-AA1, s. 2763r Section 2763r. 230.10 (1) of the statutes is amended to read:

AB40-ASA1-AA1,110,15 230.10 (1) Except as provided under sub. (2), the compensation plan provisions of s. 230.12 apply to all employees of the classified service, unless they are covered by a collective bargaining agreement under subch. V of ch. 111 and the unclassified service, unless otherwise excluded under s. 230.12 (1) (a) 1. b. If an employee is covered under a collective bargaining agreement under subch. V of ch. 111, the compensation plan provisions of s. 230.12 apply to that employee, except for those provisions relating to matters that are subject to bargaining under a collective bargaining agreement that covers the employee.".

AB40-ASA1-AA1,110,16 121. Page 1150, line 22: after that line insert:

AB40-ASA1-AA1,110,17 " Section 2764bg. 230.12 (1) (h) of the statutes is created to read:

AB40-ASA1-AA1,110,21 230.12 (1) (h) Other pay, benefits, and working conditions. The compensation plan may include other provisions relating to pay, benefits, and working conditions that shall supersede the provisions of the civil service and other applicable statutes and rules promulgated by the director and the administrator.

AB40-ASA1-AA1, s. 2764br Section 2764br. 230.12 (3) (a) of the statutes is amended to read:

AB40-ASA1-AA1,111,11 230.12 (3) (a) Submission to the joint committee on employment relations. The director shall submit to the joint committee on employment relations a proposal for any required changes in the compensation plan which may include across the board pay adjustments for positions in the classified service. The proposal shall include the amounts and methods for within range pay progression, for pay transactions, and for performance awards. The proposal shall be based upon experience in recruiting for the service, the principle of providing pay equity regardless of gender or race, data collected as to rates of pay for comparable work in other public services and in commercial and industrial establishments, recommendations of agencies and any special studies carried on as to the need for any changes in the compensation plan to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies.

AB40-ASA1-AA1, s. 2764bt Section 2764bt. 230.12 (3) (b) of the statutes is amended to read:

AB40-ASA1-AA1,111,24 230.12 (3) (b) Public hearing on the proposal; adoption of plan. The director shall submit the proposal for any required changes in the compensation plan to the joint committee on employment relations. The committee shall hold a public hearing on the proposal. The proposal, as may be modified by the joint committee on employment relations together with the unchanged provisions of the current compensation plan, shall, for the ensuing fiscal year or until a new or modified plan is adopted under this subsection, constitute the state's compensation plan for positions in the classified service. Any modification of the director's proposed changes in the compensation plan by the joint committee on employment relations may be disapproved by the governor within 10 calendar days. A vote of 6 members of the joint committee on employment relations is required to set aside any such disapproval of the governor.".

AB40-ASA1-AA1,112,1 122. Page 1151, line 3: after that line insert:

AB40-ASA1-AA1,112,2 " Section 2764dg. 230.12 (3) (e) 1. of the statutes is amended to read:

AB40-ASA1-AA1,113,2 230.12 (3) (e) 1. The director, after receiving recommendations from the board of regents, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining unit under subch. V or VI of ch. 111 for which a representative is certified. The proposal shall include the salary ranges and adjustments to the salary ranges for the university senior executive salary groups 1 and 2 established under s. 20.923 (4g). The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employee benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents.".

AB40-ASA1-AA1,113,4 123. Page 1151, line 4: delete the material beginning with that line and ending with page 1152, line 4 and substitute:

AB40-ASA1-AA1,113,7 " Section 2764dh. 230.12 (3) (e) 1. of the statutes, as affected by 2011 Wisconsin Act 10 and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

AB40-ASA1-AA1,114,3 230.12 (3) (e) 1. The director, after receiving recommendations from the board of regents and the chancellor of the University of Wisconsin-Madison, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for University of Wisconsin System employees. The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employee benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employees. The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such employees. The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents.".

AB40-ASA1-AA1,114,4 124. Page 1152, line 13: after that line insert:

AB40-ASA1-AA1,114,5 " Section 2764wb. 230.24 (4) of the statutes is created to read:

AB40-ASA1-AA1,114,9 230.24 (4) An appointing authority may reassign an employee in a career executive position to a career executive position in any agency if the appointing authority in the agency to which the employee is to be reassigned approves of the reassignment.

AB40-ASA1-AA1, s. 2764wd Section 2764wd. 230.29 (1) of the statutes is renumbered 230.29 and amended to read:

AB40-ASA1-AA1,114,13 230.29 Transfers. Subject to sub. (2), a A transfer may be made from one position to another only if specifically authorized by the administrator.

AB40-ASA1-AA1, s. 2764wf Section 2764wf. 230.29 (2) of the statutes is repealed.".

AB40-ASA1-AA1,114,15 125. Page 1153, line 9: delete lines 9 to 19 and substitute:

AB40-ASA1-AA1,114,16 " Section 2766h. 230.34 (1) (ar) of the statutes is amended to read:

AB40-ASA1-AA1,115,2 230.34 (1) (ar) Paragraphs (a) and (am) apply to all employees with permanent status in class in the classified service and all employees who have served with the state as an assistant district attorney for a continuous period of 12 months or more, except that for employees specified in s. 111.81 (7) (a) in a collective bargaining unit for which a representative is recognized or certified, or for employees specified in s. 111.81 (7) (b) or (c) in a collective bargaining unit for which a representative is certified, if a collective bargaining agreement is in effect covering employees in the collective bargaining unit, the determination of just cause and all aspects of the appeal procedure shall be governed by the provisions of the collective bargaining agreement.

AB40-ASA1-AA1, s. 2766k Section 2766k. 230.34 (1) (ax) of the statutes is created to read:

AB40-ASA1-AA1,115,6 230.34 (1) (ax) 1. Notwithstanding pars. (a), (am), and (ar), during a state of emergency declared by the governor under s. 323.10, an appointing authority may discharge any employee who does any of the following:

AB40-ASA1-AA1,115,9 a. Fails to report to work as scheduled for any 3 working days during the state of emergency and the employee's absences from work are not approved leaves of absence.

AB40-ASA1-AA1,115,12 b. Participates in a strike, work stoppage, sit-down, stay-in, slowdown, or other concerted activities to interrupt the operations or services of state government, including specifically participation in purported mass resignations or sick calls.

AB40-ASA1-AA1,115,13 2. Engaging in any action under subd. 1. constitutes just cause for discharge.

AB40-ASA1-AA1,115,17 3. Before discharging an employee, the appointing authority shall provide the employee notice of the action and shall furnish to the employee in writing the reasons for the action. The appointing authority shall provide the employee an opportunity to respond to the reasons for the discharge.

AB40-ASA1-AA1, s. 2766m Section 2766m. 230.35 (1s) of the statutes is amended to read:

AB40-ASA1-AA1,115,25 230.35 (1s) Annual leave of absence with pay for instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm) shall be determined by the governing board of the charter school established by contract under s. 118.40 (2r) (cm), as approved by the chancellor of the University of Wisconsin-Parkside and subject to the terms of any collective bargaining agreement under subch. V of ch. 111 covering the instructional staff.

AB40-ASA1-AA1, s. 2766p Section 2766p. 230.35 (2d) (e) of the statutes is amended to read:

AB40-ASA1-AA1,116,5 230.35 (2d) (e) For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

AB40-ASA1-AA1, s. 2766s Section 2766s. 230.35 (3) (e) 6. of the statutes is amended to read:

AB40-ASA1-AA1,116,10 230.35 (3) (e) 6. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this paragraph shall apply unless otherwise provided in a collective bargaining agreement.".

AB40-ASA1-AA1,116,11 126. Page 1153, line 24: after that line insert:

AB40-ASA1-AA1,116,12 " Section 2767p. 230.88 (2) (b) of the statutes is amended to read:

AB40-ASA1-AA1,116,21 230.88 (2) (b) No collective bargaining agreement supersedes the rights of an employee under this subchapter. However, nothing in this subchapter affects any right of an employee to pursue a grievance procedure under a collective bargaining agreement under subch. V or VI of ch. 111, and if the division of equal rights determines that a grievance arising under such a collective bargaining agreement involves the same parties and matters as a complaint under s. 230.85, it shall order the arbitrator's final award on the merits conclusive as to the rights of the parties to the complaint, on those matters determined in the arbitration which were at issue and upon which the determination necessarily depended.".

AB40-ASA1-AA1,116,22 127. Page 1158, line 15: after that line insert:

AB40-ASA1-AA1,116,23 " Section 2795g. 233.02 (1) (h) of the statutes is repealed.

AB40-ASA1-AA1, s. 2795r Section 2795r. 233.02 (8) of the statutes is amended to read:

AB40-ASA1-AA1,117,9 233.02 (8) The members of the board of directors shall annually elect a chairperson and may elect other officers as they consider appropriate. Eight voting members of the board of directors constitute a quorum for the purpose of conducting the business and exercising the powers of the authority, notwithstanding the existence of any vacancy. The members of the board of directors specified under sub. (1) (c) and (g) may not be the chairperson of the board of directors for purposes of 1995 Wisconsin Act 27, section 9159 (2). The board of directors may take action upon a vote of a majority of the members present, unless the bylaws of the authority require a larger number.

AB40-ASA1-AA1, s. 2796p Section 2796p. 233.03 (7) of the statutes is amended to read:

AB40-ASA1-AA1,117,16 233.03 (7) Subject to s. 233.10 and ch. 40 and 1995 Wisconsin Act 27, section 9159 (4) and the duty to engage in collective bargaining with employees in a collective bargaining unit for which a representative is recognized or certified under subch. I of ch. 111, employ any agent, employee or special advisor that the authority finds necessary and fix his or her compensation and provide any employee benefits, including an employee pension plan.

AB40-ASA1-AA1, s. 2798p Section 2798p. 233.04 (2) of the statutes is amended to read:

AB40-ASA1-AA1,117,19 233.04 (2) Subject to subs. (4) to (4r) and s. 233.10, develop and implement a personnel structure and other employment policies for employees of the authority.

AB40-ASA1-AA1, s. 2799p Section 2799p. 233.04 (4) of the statutes is repealed.

AB40-ASA1-AA1, s. 2800p Section 2800p. 233.04 (4m) of the statutes is repealed.

AB40-ASA1-AA1, s. 2800s Section 2800s. 233.04 (4r) of the statutes is repealed.

AB40-ASA1-AA1, s. 2812br Section 2812br. 233.10 (1) of the statutes is amended to read:

AB40-ASA1-AA1,118,2 233.10 (1) Subject to s. 233.04 (4) to (4r) and 1995 Wisconsin Act 27, section 9159 (2) and (4), the The authority shall employ such employees as it may require and shall determine the qualifications and duties of its employees. Appointments to and promotions in the authority shall be made according to merit and fitness.

AB40-ASA1-AA1, s. 2812cr Section 2812cr. 233.10 (2) (intro.) of the statutes is amended to read:

AB40-ASA1-AA1,118,7 233.10 (2) (intro.) Subject to subs. (3), (3m), (3r) and (3t) and ch. 40 and the duty to engage in collective bargaining with employees in a collective bargaining unit for which a representative is recognized or certified under subch. I of ch. 111, the authority shall establish any of the following:

AB40-ASA1-AA1, s. 2812dr Section 2812dr. 233.10 (3) (a) (intro.) of the statutes is amended to read:

AB40-ASA1-AA1,118,10 233.10 (3) (a) (intro.) In this subsection and subs. (3m) and sub. (4), "carry-over employee" means an employee of the authority who satisfies all of the following:

AB40-ASA1-AA1, s. 2812er Section 2812er. 233.10 (3) (b) of the statutes is repealed.

AB40-ASA1-AA1, s. 2812fr Section 2812fr. 233.10 (3) (c) (intro.) of the statutes is amended to read:

AB40-ASA1-AA1,118,16 233.10 (3) (c) (intro.) If an employee of the authority is a carry-over employee and is an employee to whom par. (b) does not apply, the authority shall, when setting the terms of the carry-over employee's employment during the period beginning on June 29, 1996, and ending on June 30, 1997, do all of the following:

AB40-ASA1-AA1, s. 2812gr Section 2812gr. 233.10 (3) (d) of the statutes is amended to read:

AB40-ASA1-AA1,118,22 233.10 (3) (d) If an employee of the authority is not a carry-over employee and is an employee to whom par. (b) does not apply, the authority shall, from June 29, 1996, to June 30, 1997, provide that employee the same rights, benefits and compensation provided to a carry-over employee under par. (c) who holds a position at the authority with similar duties.

AB40-ASA1-AA1, s. 2812hg Section 2812hg. 233.10 (3m) of the statutes is repealed.".

AB40-ASA1-AA1,118,24 128. Page 1193, line 12: after that line insert:

AB40-ASA1-AA1,119,2 " Section 2927h. 281.75 (4) (b) 3. of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,119,4 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 52, 231, 233, 234, 237, or 238.".

AB40-ASA1-AA1,119,5 129. Page 1197, line 18: after that line insert:

AB40-ASA1-AA1,119,7 " Section 2952m. 285.59 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,119,17 285.59 (1) (b) "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 Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Wisconsin Health and Educational Facilities Authority.".

AB40-ASA1-AA1,119,18 130. Page 1371, line 3: after that line insert:

AB40-ASA1-AA1,119,19 " Section 3474k. 704.31 (3) of the statutes is amended to read:

AB40-ASA1-AA1,119,22 704.31 (3) This section does not apply to a lease to which a local professional baseball park district created under subch. III of ch. 229, the Wisconsin Quality Home Care Authority, or the Fox River Navigational System Authority is a party.".

AB40-ASA1-AA1,119,23 131. Page 1375, line 24: after that line insert:

AB40-ASA1-AA1,119,24 " Section 3492p. 851.71 (4) of the statutes is amended to read:

AB40-ASA1-AA1,120,5 851.71 (4) In counties having a population of 500,000 or more, the appointment under subs. (1) and (2) shall be made as provided in those subsections but the judges shall not remove the register in probate and deputy registers, except through charges for dismissal made and sustained under s. 63.10 or an applicable collective bargaining agreement.".

AB40-ASA1-AA1,120,6 132. Page 1379, line 18: after that line insert:

AB40-ASA1-AA1,120,7 " Section 3508v. 904.085 (2) (a) of the statutes is amended to read:

AB40-ASA1-AA1,120,13 904.085 (2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation under s. 111.54, mediation under s. 111.11, 111.70 (4) (cg) or (cm) 3. or 111.87, mediation under s. 115.797, negotiation under s. 289.33 (9), mediation under ch. 655 or s. 767.405, or any similar statutory, contractual or court-referred process facilitating the voluntary resolution of disputes. "Mediation" does not include binding arbitration or appraisal.".

AB40-ASA1-AA1,120,14 133. Page 1399, line 6: after that line insert:

AB40-ASA1-AA1,120,15 " Section 3561p. 978.12 (1) (c) of the statutes is amended to read:

AB40-ASA1-AA1,120,24 978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be employed outside the classified service. For purposes of salary administration, the director of the office of state employment relations shall establish one or more classifications for assistant district attorneys in accordance with the classification or classifications allocated to assistant attorneys general. Except as provided in s. 111.93 (3) (b), the salaries of assistant district attorneys shall be established and adjusted in accordance with the state compensation plan for assistant attorneys general whose positions are allocated to the classification or classifications established by the director of the office of state employment relations.".

AB40-ASA1-AA1,121,1 134. Page 1401, line 24: after that line insert:

AB40-ASA1-AA1,121,6 "(1q) Evaluation of staffing needs at the Wisconsin employment relations commission. The department of administration shall evaluate the staffing requirements of the Wisconsin employment relations commission and shall submit the report of the evaluation to the joint committee on finance under section 13.10 of the statutes.".

AB40-ASA1-AA1,121,7 135. Page 1445, line 8: after that line insert:

AB40-ASA1-AA1,121,12 "(1dr) State employee health care coverage. Notwithstanding section 40.05 (4) (ag) and (c) of the statutes, as affected by this act, beginning with health insurance premiums paid in any month that begins after the effective date of this subsection, as determined by the secretary of administration, and ending with coverage for December 2011, all of the following shall apply:

AB40-ASA1-AA1,121,21 (a) Employees covered under section 40.05 (4) (ag) 2. of the statutes, as affected by this act, shall pay $84 a month for individual coverage and $208 a month for family coverage for health care coverage under any plan offered in the tier with the lowest employee premium cost under section 40.51 (6) of the statutes; $122 a month for individual coverage and $307 a month for family coverage for health care coverage under any plan offered in the tier with the next lowest employee premium cost under section 40.51 (6) of the statutes; and $226 a month for individual coverage and $567 a month for family coverage for health care coverage under any plan offered in the tier with the highest employee premium cost under section 40.51 (6) of the statutes.