AB40-ASA1-AA1,113,4 3123. Page 1151, line 4: delete the material beginning with that line and
4ending with page 1152, line 4 and substitute:
AB40-ASA1-AA1,113,7 5" Section 2764dh. 230.12 (3) (e) 1. of the statutes, as affected by 2011
6Wisconsin Act 10
and 2011 Wisconsin Act .... (this act), is repealed and recreated to
7read:
AB40-ASA1-AA1,114,38 230.12 (3) (e) 1. The director, after receiving recommendations from the board
9of regents and the chancellor of the University of Wisconsin-Madison, shall submit
10to the joint committee on employment relations a proposal for adjusting
11compensation and employee benefits for University of Wisconsin System employees.
12The proposal shall be based upon the competitive ability of the board of regents to
13recruit and retain qualified faculty and academic staff, data collected as to rates of
14pay for comparable work in other public services, universities and commercial and
15industrial establishments, recommendations of the board of regents and any special
16studies carried on as to the need for any changes in compensation and employee
17benefits to cover each year of the biennium. The proposal shall also take proper
18account of prevailing pay rates, costs and standards of living and the state's
19employment policies. The proposal for such pay adjustments may contain
20recommendations for across-the-board pay adjustments, merit or other
21adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf)
22shall apply to the process for approval of all pay adjustments for such employees. The
23proposal as approved by the joint committee on employment relations and the
24governor shall be based upon a percentage of the budgeted salary base for such

1employees. The amount included in the proposal for merit and adjustments other
2than across-the-board pay adjustments is available for discretionary use by the
3board of regents.".
AB40-ASA1-AA1,114,4 4124. Page 1152, line 13: after that line insert:
AB40-ASA1-AA1,114,5 5" Section 2764wb. 230.24 (4) of the statutes is created to read:
AB40-ASA1-AA1,114,96 230.24 (4) An appointing authority may reassign an employee in a career
7executive position to a career executive position in any agency if the appointing
8authority in the agency to which the employee is to be reassigned approves of the
9reassignment.
AB40-ASA1-AA1, s. 2764wd 10Section 2764wd. 230.29 (1) of the statutes is renumbered 230.29 and
11amended to read:
AB40-ASA1-AA1,114,13 12230.29 Transfers. Subject to sub. (2), a A transfer may be made from one
13position to another only if specifically authorized by the administrator.
AB40-ASA1-AA1, s. 2764wf 14Section 2764wf. 230.29 (2) of the statutes is repealed.".
AB40-ASA1-AA1,114,15 15125. Page 1153, line 9: delete lines 9 to 19 and substitute:
AB40-ASA1-AA1,114,16 16" Section 2766h. 230.34 (1) (ar) of the statutes is amended to read:
AB40-ASA1-AA1,115,217 230.34 (1) (ar) Paragraphs (a) and (am) apply to all employees with permanent
18status in class in the classified service and all employees who have served with the
19state as an assistant district attorney for a continuous period of 12 months or more,
20except that for employees specified in s. 111.81 (7) (a) in a collective bargaining unit
21for which a representative is recognized or certified, or for employees specified in s.
22111.81 (7) (b) or (c) in a collective bargaining unit for which a representative is
23certified, if a collective bargaining agreement is in effect covering employees in the
24collective bargaining unit, the determination of just cause and all aspects of the

1appeal procedure shall be governed by the provisions of the collective bargaining
2agreement
.
AB40-ASA1-AA1, s. 2766k 3Section 2766k. 230.34 (1) (ax) of the statutes is created to read:
AB40-ASA1-AA1,115,64 230.34 (1) (ax) 1. Notwithstanding pars. (a), (am), and (ar), during a state of
5emergency declared by the governor under s. 323.10, an appointing authority may
6discharge any employee who does any of the following:
AB40-ASA1-AA1,115,97 a. Fails to report to work as scheduled for any 3 working days during the state
8of emergency and the employee's absences from work are not approved leaves of
9absence.
AB40-ASA1-AA1,115,1210 b. Participates in a strike, work stoppage, sit-down, stay-in, slowdown, or
11other concerted activities to interrupt the operations or services of state government,
12including specifically participation in purported mass resignations or sick calls.
AB40-ASA1-AA1,115,1313 2. Engaging in any action under subd. 1. constitutes just cause for discharge.
AB40-ASA1-AA1,115,1714 3. Before discharging an employee, the appointing authority shall provide the
15employee notice of the action and shall furnish to the employee in writing the reasons
16for the action. The appointing authority shall provide the employee an opportunity
17to respond to the reasons for the discharge.
AB40-ASA1-AA1, s. 2766m 18Section 2766m. 230.35 (1s) of the statutes is amended to read:
AB40-ASA1-AA1,115,2519 230.35 (1s) Annual leave of absence with pay for instructional staff employed
20by the board of regents of the University of Wisconsin System who provide services
21for a charter school established by contract under s. 118.40 (2r) (cm) shall be
22determined by the governing board of the charter school established by contract
23under s. 118.40 (2r) (cm), as approved by the chancellor of the University of
24Wisconsin-Parkside and subject to the terms of any collective bargaining agreement
25under subch. V of ch. 111 covering the instructional staff
.
AB40-ASA1-AA1, s. 2766p
1Section 2766p. 230.35 (2d) (e) of the statutes is amended to read:
AB40-ASA1-AA1,116,52 230.35 (2d) (e) For employees who are included in a collective bargaining unit
3for which a representative is recognized or certified under subch. V or VI of ch. 111,
4this subsection shall apply unless otherwise provided in a collective bargaining
5agreement.
AB40-ASA1-AA1, s. 2766s 6Section 2766s. 230.35 (3) (e) 6. of the statutes is amended to read:
AB40-ASA1-AA1,116,107 230.35 (3) (e) 6. For employees who are included in a collective bargaining unit
8for which a representative is recognized or certified under subch. V or VI of ch. 111,
9this paragraph shall apply unless otherwise provided in a collective bargaining
10agreement.".
AB40-ASA1-AA1,116,11 11126. Page 1153, line 24: after that line insert:
AB40-ASA1-AA1,116,12 12" Section 2767p. 230.88 (2) (b) of the statutes is amended to read:
AB40-ASA1-AA1,116,2113 230.88 (2) (b) No collective bargaining agreement supersedes the rights of an
14employee under this subchapter. However, nothing in this subchapter affects any
15right of an employee to pursue a grievance procedure under a collective bargaining
16agreement under subch. V or VI of ch. 111, and if the division of equal rights
17determines that a grievance arising under such a collective bargaining agreement
18involves the same parties and matters as a complaint under s. 230.85, it shall order
19the arbitrator's final award on the merits conclusive as to the rights of the parties
20to the complaint, on those matters determined in the arbitration which were at issue
21and upon which the determination necessarily depended.".
AB40-ASA1-AA1,116,22 22127. Page 1158, line 15: after that line insert:
AB40-ASA1-AA1,116,23 23" Section 2795g. 233.02 (1) (h) of the statutes is repealed.
AB40-ASA1-AA1, s. 2795r 24Section 2795r. 233.02 (8) of the statutes is amended to read:
AB40-ASA1-AA1,117,9
1233.02 (8) The members of the board of directors shall annually elect a
2chairperson and may elect other officers as they consider appropriate. Eight voting
3members of the board of directors constitute a quorum for the purpose of conducting
4the business and exercising the powers of the authority, notwithstanding the
5existence of any vacancy. The members of the board of directors specified under sub.
6(1) (c) and (g) may not be the chairperson of the board of directors for purposes of 1995
7Wisconsin Act 27
, section 9159 (2). The board of directors may take action upon a vote
8of a majority of the members present, unless the bylaws of the authority require a
9larger number.
AB40-ASA1-AA1, s. 2796p 10Section 2796p. 233.03 (7) of the statutes is amended to read:
AB40-ASA1-AA1,117,1611 233.03 (7) Subject to s. 233.10 and ch. 40 and 1995 Wisconsin Act 27, section
129159 (4) and the duty to engage in collective bargaining with employees in a collective
13bargaining unit for which a representative is recognized or certified under subch. I
14of ch. 111
, employ any agent, employee or special advisor that the authority finds
15necessary and fix his or her compensation and provide any employee benefits,
16including an employee pension plan.
AB40-ASA1-AA1, s. 2798p 17Section 2798p. 233.04 (2) of the statutes is amended to read:
AB40-ASA1-AA1,117,1918 233.04 (2) Subject to subs. (4) to (4r) and s. 233.10, develop and implement a
19personnel structure and other employment policies for employees of the authority.
AB40-ASA1-AA1, s. 2799p 20Section 2799p. 233.04 (4) of the statutes is repealed.
AB40-ASA1-AA1, s. 2800p 21Section 2800p. 233.04 (4m) of the statutes is repealed.
AB40-ASA1-AA1, s. 2800s 22Section 2800s. 233.04 (4r) of the statutes is repealed.
AB40-ASA1-AA1, s. 2812br 23Section 2812br. 233.10 (1) of the statutes is amended to read:
AB40-ASA1-AA1,118,224 233.10 (1) Subject to s. 233.04 (4) to (4r) and 1995 Wisconsin Act 27, section
259159 (2) and (4), the
The authority shall employ such employees as it may require

1and shall determine the qualifications and duties of its employees. Appointments
2to and promotions in the authority shall be made according to merit and fitness.
AB40-ASA1-AA1, s. 2812cr 3Section 2812cr. 233.10 (2) (intro.) of the statutes is amended to read:
AB40-ASA1-AA1,118,74 233.10 (2) (intro.) Subject to subs. (3), (3m), (3r) and (3t) and ch. 40 and the duty
5to engage in collective bargaining with employees in a collective bargaining unit for
6which a representative is recognized or certified under subch. I of ch. 111
, the
7authority shall establish any of the following:
AB40-ASA1-AA1, s. 2812dr 8Section 2812dr. 233.10 (3) (a) (intro.) of the statutes is amended to read:
AB40-ASA1-AA1,118,109 233.10 (3) (a) (intro.) In this subsection and subs. (3m) and sub. (4), "carry-over
10employee" means an employee of the authority who satisfies all of the following:
AB40-ASA1-AA1, s. 2812er 11Section 2812er. 233.10 (3) (b) of the statutes is repealed.
AB40-ASA1-AA1, s. 2812fr 12Section 2812fr. 233.10 (3) (c) (intro.) of the statutes is amended to read:
AB40-ASA1-AA1,118,1613 233.10 (3) (c) (intro.) If an employee of the authority is a carry-over employee
14and is an employee to whom par. (b) does not apply, the authority shall, when setting
15the terms of the carry-over employee's employment during the period beginning on
16June 29, 1996, and ending on June 30, 1997, do all of the following:
AB40-ASA1-AA1, s. 2812gr 17Section 2812gr. 233.10 (3) (d) of the statutes is amended to read:
AB40-ASA1-AA1,118,2218 233.10 (3) (d) If an employee of the authority is not a carry-over employee and
19is an employee to whom par. (b) does not apply
, the authority shall, from June 29,
201996, to June 30, 1997, provide that employee the same rights, benefits and
21compensation provided to a carry-over employee under par. (c) who holds a position
22at the authority with similar duties.
AB40-ASA1-AA1, s. 2812hg 23Section 2812hg. 233.10 (3m) of the statutes is repealed.".
AB40-ASA1-AA1,118,24 24128. Page 1193, line 12: after that line insert:
AB40-ASA1-AA1,119,2
1" Section 2927h. 281.75 (4) (b) 3. of the statutes, as affected by 2011 Wisconsin
2Act 7
, is amended to read:
AB40-ASA1-AA1,119,43 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 52, 231,
4233, 234, 237, or 238.".
AB40-ASA1-AA1,119,5 5129. Page 1197, line 18: after that line insert:
AB40-ASA1-AA1,119,7 6" Section 2952m. 285.59 (1) (b) of the statutes, as affected by 2011 Wisconsin
7Act 7
, is amended to read:
AB40-ASA1-AA1,119,178 285.59 (1) (b) "State agency" means any office, department, agency, institution
9of higher education, association, society, or other body in state government created
10or authorized to be created by the constitution or any law which is entitled to expend
11moneys appropriated by law, including the legislature and the courts, the Wisconsin
12Housing and Economic Development Authority, the Bradley Center Sports and
13Entertainment Corporation, the University of Wisconsin Hospitals and Clinics
14Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace
15Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic
16Development Corporation, and the Wisconsin Health and Educational Facilities
17Authority.".
AB40-ASA1-AA1,119,18 18130. Page 1371, line 3: after that line insert:
AB40-ASA1-AA1,119,19 19" Section 3474k. 704.31 (3) of the statutes is amended to read:
AB40-ASA1-AA1,119,2220 704.31 (3) This section does not apply to a lease to which a local professional
21baseball park district created under subch. III of ch. 229, the Wisconsin Quality
22Home Care Authority,
or the Fox River Navigational System Authority is a party.".
AB40-ASA1-AA1,119,23 23131. Page 1375, line 24: after that line insert:
AB40-ASA1-AA1,119,24 24" Section 3492p. 851.71 (4) of the statutes is amended to read:
AB40-ASA1-AA1,120,5
1851.71 (4) In counties having a population of 500,000 or more, the appointment
2under subs. (1) and (2) shall be made as provided in those subsections but the judges
3shall not remove the register in probate and deputy registers, except through charges
4for dismissal made and sustained under s. 63.10 or an applicable collective
5bargaining agreement
.".
AB40-ASA1-AA1,120,6 6132. Page 1379, line 18: after that line insert:
AB40-ASA1-AA1,120,7 7" Section 3508v. 904.085 (2) (a) of the statutes is amended to read:
AB40-ASA1-AA1,120,138 904.085 (2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation
9under s. 111.54, mediation under s. 111.11, 111.70 (4) (cg) or (cm) 3. or 111.87,
10mediation under s. 115.797, negotiation under s. 289.33 (9), mediation under ch. 655
11or s. 767.405, or any similar statutory, contractual or court-referred process
12facilitating the voluntary resolution of disputes. "Mediation" does not include
13binding arbitration or appraisal.".
AB40-ASA1-AA1,120,14 14133. Page 1399, line 6: after that line insert:
AB40-ASA1-AA1,120,15 15" Section 3561p. 978.12 (1) (c) of the statutes is amended to read:
AB40-ASA1-AA1,120,2416 978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be
17employed outside the classified service. For purposes of salary administration, the
18director of the office of state employment relations shall establish one or more
19classifications for assistant district attorneys in accordance with the classification
20or classifications allocated to assistant attorneys general. Except as provided in s.
21111.93 (3) (b), the salaries of assistant district attorneys shall be established and
22adjusted in accordance with the state compensation plan for assistant attorneys
23general whose positions are allocated to the classification or classifications
24established by the director of the office of state employment relations.".
AB40-ASA1-AA1,121,1
1134. Page 1401, line 24: after that line insert:
AB40-ASA1-AA1,121,6 2"(1q) Evaluation of staffing needs at the Wisconsin employment relations
3commission.
The department of administration shall evaluate the staffing
4requirements of the Wisconsin employment relations commission and shall submit
5the report of the evaluation to the joint committee on finance under section 13.10 of
6the statutes.".
AB40-ASA1-AA1,121,7 7135. Page 1445, line 8: after that line insert:
AB40-ASA1-AA1,121,12 8"(1dr) State employee health care coverage. Notwithstanding section 40.05
9(4) (ag) and (c) of the statutes, as affected by this act, beginning with health insurance
10premiums paid in any month that begins after the effective date of this subsection,
11as determined by the secretary of administration, and ending with coverage for
12December 2011, all of the following shall apply:
AB40-ASA1-AA1,121,2113 (a) Employees covered under section 40.05 (4) (ag) 2. of the statutes, as affected
14by this act, shall pay $84 a month for individual coverage and $208 a month for family
15coverage for health care coverage under any plan offered in the tier with the lowest
16employee premium cost under section 40.51 (6) of the statutes; $122 a month for
17individual coverage and $307 a month for family coverage for health care coverage
18under any plan offered in the tier with the next lowest employee premium cost under
19section 40.51 (6) of the statutes; and $226 a month for individual coverage and $567
20a month for family coverage for health care coverage under any plan offered in the
21tier with the highest employee premium cost under section 40.51 (6) of the statutes.
AB40-ASA1-AA1,121,2422 (b) Eligible employees covered under section 40.02 (25) (b) 2. of the statutes,
23as affected by this act, shall pay 50 percent of the amounts required for employees
24under paragraph (a).
AB40-ASA1-AA1,122,4
1(c) Employees covered under section 40.05 (4) (ag) 1. of the statutes, as affected
2by this act, and craft employees, as defined in section 111.81 (4) of the statutes, and
3related nonrepresented employees shall pay the same amounts that they are
4required to pay on the day before the effective date of this paragraph.
AB40-ASA1-AA1,122,13 5(1hr) Employer and employee required contributions for 2011.
6Notwithstanding the employer and employee required contributions rates
7established for 2011 under section 40.05 (1) and (2), 2009 stats., beginning on the first
8day of any pay period after the effective date of this subsection, as determined by the
9secretary of administration, the employee required contributions under section
1040.05 (1) (a) of the statutes, as affected by this act, shall be in effect for the remainder
11of 2011, and the employer required contributions under section 40.05 (2) of the
12statutes shall be adjusted to reflect the increases in employee required contributions
13for the remainder of 2011.
AB40-ASA1-AA1,122,17 14(1mr) Agreements to modify group insurance coverage for state employees.
15Section 40.03 (6) (c) of the statutes shall not apply to any agreements entered into
16by the group insurance board to modify group insurance coverage for the 2012 and
172013 calendar years.
AB40-ASA1-AA1,123,218 (1pr) Reductions in health care premium costs for health care coverage
19during 2012 calendar year.
The group insurance board shall design health care
20coverage plans for the 2012 calendar year that, after adjusting for any inflationary
21increase in health benefit costs, as determined by the group insurance board, reduces
22the average premium cost of plans offered in the tier with the lowest employee
23premium cost under section 40.51 (6) of the statutes by at least 5 percent from the
24cost of such plans offered during the 2011 calendar year. The group insurance board
25shall include copayments in the health care coverage plans for the 2012 calendar

1year and may require health risk assessments for state employees and participation
2in wellness or disease management programs.".
AB40-ASA1-AA1,123,3 3136. Page 1459, line 4: delete "2011".
AB40-ASA1-AA1,123,5 4137. Page 1459, line 5: delete lines 5 to 7 and substitute "Sections 9315 (1q)
5and (2q) and 9332 (1q) of this act. The memorandum of understanding".
AB40-ASA1-AA1,123,8 6138. Page 1459, line 21: delete the material beginning with "2011" and ending
7with "legislation." on line 24 and substitute "Sections 9315 (1q) and (2q) and 9332
8(1q) of this act.".
AB40-ASA1-AA1,123,9 9139. Page 1460, line 7: after that line insert:
AB40-ASA1-AA1,123,10 10"(1q) Union representative certification vote.
AB40-ASA1-AA1,123,1111 (a) In this subsection:
AB40-ASA1-AA1,123,1312 1. "General municipal employee" has the meaning given in section 111.70 (1)
13(fm) of the statutes, as created by this act.
AB40-ASA1-AA1,123,1514 2. "School district employee" has the meaning given in section 111.70 (1) (ne)
15of the statutes.
AB40-ASA1-AA1,123,2316 (b) Each collective bargaining unit under subchapter IV of chapter 111 of the
17statutes, as affected by this act, containing general municipal employees who are
18subject to an extension of their collective bargaining agreement shall have their
19collective bargaining agreement terminated as soon as legally possible and shall vote
20to certify or decertify their representatives as provided in section 111.70 (4) (d) 3. b.
21of the statutes, as created by this act. Notwithstanding the date provided under
22section 111.70 (4) (d) 3. b. of the statutes, as created by this act, the vote shall be held
23in the 3rd month beginning after the effective date of this paragraph.".
AB40-ASA1-AA1,123,24 24140. Page 1477, line 2: after that line insert:
AB40-ASA1-AA1,124,8
1"(1q) Compensation for represented state employees. Upon termination of
2any collective bargaining agreement between the state and a labor organization
3representing employees in a collective bargaining unit under section 111.825 (1) or
4(2) of the statutes, as affected by this act, the director of the office of state employment
5relations may continue to administer those provisions of the collective bargaining
6agreements that the director determines necessary for the orderly administration of
7the state civil services system until the compensation plan under section 230.12 of
8the statutes is established for the 2011-13 fiscal biennium.".
Loading...
Loading...