Amendment SA8-AB40

AB40-SA8, s. 2766k Section 2766k. 230.35 (2d) (e) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,137,10 230.35 (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-SA8, s. 2766m Section 2766m. 230.35 (3) (e) 6. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,137,16 230.35 (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-SA8,137,17 80. Page 1153, line 24: after that line insert:

AB40-SA8,137,19 " Section 2767q. 230.88 (2) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,138,4 230.88 (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-SA8,138,5 81. Page 1158, line 15: after that line insert:

AB40-SA8,138,6 " Section 2810d. 233.02 (1) (h) of the statutes is created to read:

AB40-SA8,138,12 233.02 (1) (h) Two nonvoting members appointed by the governor, one of whom shall be an employee or a representative of a labor organization recognized or certified to represent employees in one of the collective bargaining units specified in s. 111.05 (5) (a) and one of whom shall be an employee or a representative of a labor organization recognized or certified to represent employees in one of the collective bargaining units specified in s. 111.825 (1m).

AB40-SA8, s. 2810g Section 2810g. 233.02 (8) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,138,23 233.02 (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-SA8, s. 2810j Section 2810j. 233.03 (7) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,139,8 233.03 (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-SA8, s. 2810m Section 2810m. 233.10 (2) (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,139,14 233.10 (2) (intro.) Subject to subs. (3), (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-SA8,139,15 82. Page 1193, line 12: after that line insert:

AB40-SA8,139,17 " Section 2928d. 281.75 (4) (b) 3. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,139,19 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 52, 231, 233, 234, 237, or 238.".

AB40-SA8,139,20 83. Page 1199, line 18: after that line insert:

AB40-SA8,139,22 " Section 2954g. 285.59 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,140,8 285.59 (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-SA8,140,9 84. Page 1371, line 3: after that line insert:

AB40-SA8,140,11 " Section 3474g. 704.31 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,140,14 704.31 (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-SA8,140,15 85. Page 1375, line 24: after that line insert:

AB40-SA8,140,17 " Section 3493g. 851.71 (4) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,140,22 851.71 (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-SA8,140,23 86. Page 1399, line 6: after that line insert:

AB40-SA8,141,2 " Section 3561g. 978.12 (1) (c) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,141,11 978.12 (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-SA8,141,12 87. Page 1401, line 6: after that line insert:

AB40-SA8,141,13 " Section 3570d. 2011 Wisconsin Act 10, section 9132 is repealed.

AB40-SA8, s. 3570g Section 3570g. 2011 Wisconsin Act 10, section 9155 is repealed.".

AB40-SA8,141,15 88. Page 1522, line 21: after that line insert:

AB40-SA8,143,18 "(3u) Collective bargaining. The repeal of sections 66.0506, 66.0508, 66.0509 (1m), 73.03 (68), 111.70 (1) (cm), 111.70 (1) (fm), 111.70 (1) (mm), 111.70 (3g), 111.70 (4) (d) 3. b., 111.70 (4) (mb), 111.81 (3n), 111.81 (9g), 111.81 (15r), 111.825 (1) (g), 111.825 (6) (b), 111.83 (3) (b), 111.845, 111.91 (3), 111.91 (3q), 111.92 (3) (b), 111.93 (3) (b), 118.223, 118.245 and 120.12 (4m) of the statutes; the renumbering of sections 111.825 (6) (a) and 111.83 (3) (a) of the statutes; the renumbering and amendment of sections 111.02 (7) (a), 111.115 (1), 111.17, 111.70 (4) (c) 1. and 111.92 (3) (a) of the statutes; the consolidation, renumbering and amendment of sections 111.70 (4) (d) 3. a. and c. and 111.93 (3) (intro.) and (a) of the statutes; the amendment of sections 7.33 (1) (c), 7.33 (4), 13.111 (2), 13.172 (1), 13.48 (13) (a), 13.62 (2), 13.94 (4) (a) 1., 13.95 (intro.), 16.002 (2), 16.004 (4), 16.004 (5), 16.004 (12) (a), 16.045 (1) (a), 16.15 (1) (ab), 16.41 (4), 16.417 (1) (b), 16.50 (3) (e), 16.52 (7), 16.528 (1) (a), 16.53 (2), 16.54 (9) (a) 1., 16.70 (2), 16.765 (1), 16.765 (2), 16.765 (4), 16.765 (5), 16.765 (6), 16.765 (7) (intro.), 16.765 (7) (d), 16.765 (8), 16.85 (2), 16.865 (8), 19.82 (1), 19.85 (3), 19.86, 20.425 (1) (a), 20.425 (1) (i), 20.545 (1) (k), 20.545 (1) (km), 20.865 (1) (ci), 20.865 (1) (ic), 20.865 (1) (si), 20.917 (3) (b), 20.921 (1) (a) 2., 20.921 (1) (b), 20.923 (6) (intro.), 20.928 (1), 36.09 (1) (j), 40.02 (25) (b) 8., 40.05 (1) (b), 40.05 (4) (ag) (intro.), 40.05 (4) (b), 40.05 (4) (bw), 40.05 (4g) (a) 4., 40.05 (5) (intro.), 40.05 (5) (b) 4., 40.05 (6) (a), 40.62 (2), 40.80 (3), 40.81 (3), 40.95 (1) (a) 2., 46.2895 (8) (a) 1., 66.1104 (1) (a), 71.26 (1) (be), 77.54 (9a) (a), 100.45 (1) (dm), 101.177 (1) (d), 109.03 (1) (b), 111.02 (1), 111.02 (2), 111.02 (3), 111.02 (7) (b) 1., 111.05 (2), 111.06 (1) (c) 1., 111.06 (1) (d), 111.06 (1) (i), 111.06 (2) (i), 111.115 (title), 111.70 (1) (a), 111.70 (1) (f), 111.70 (1) (j), 111.70 (1) (n), 111.70 (2), 111.70 (3) (a) 3., 111.70 (3) (a) 5., 111.70 (3) (a) 6., 111.70 (3) (a) 9., 111.70 (4) (c) (title), 111.70 (4) (c) 2., 111.70 (4) (c) 3. (intro.), 111.70 (4) (cm) (title), 1., 2., 3. and 4., 111.70 (4) (cm) 8m., 111.70 (4) (d) 2. a., 111.70 (4) (L), 111.70 (4) (mc) (intro.), 111.70 (4) (p), 111.70 (7m) (c) 1. a., 111.70 (8) (a), 111.71 (2), 111.77 (intro.), 111.77 (8) (a), 111.81 (1), 111.81 (9), 111.81 (12) (intro.), 111.81 (12m), 111.81 (16), 111.815 (1), 111.815 (2), 111.82, 111.825 (3), 111.825 (4), 111.825 (5), 111.83 (1), 111.83 (4), 111.84 (1) (b), 111.84 (1) (d), 111.84 (1) (f), 111.84 (2) (c), 111.84 (3), 111.85 (1), (2) and (4), 111.90 (2), 111.91 (1) (a), 111.91 (1) (b), 111.91 (1) (c), 111.91 (1) (cm), 111.91 (1) (d), 111.91 (2) (intro.), 111.91 (2) (gu), 111.92 (1) (a), 118.40 (2r) (b) 3. a., 118.42 (3) (a) 4., 118.42 (5), 119.04 (1), 120.12 (15), 120.18 (1) (gm), 230.01 (3), 230.03 (3), 230.046 (10) (a), 230.10 (1), 230.12 (3) (e) 1., 230.34 (1) (ar), 230.35 (1s), 230.35 (2d) (e), 230.35 (3) (e) 6., 230.88 (2) (b), 233.02 (8), 233.03 (7), 233.10 (2) (intro.), 281.75 (4) (b) 3., 285.59 (1) (b), 704.31 (3), 851.71 (4) and 978.12 (1) (c) of the statutes; the creation of sections 16.705 (3), 19.42 (10) (s), 20.865 (1) (cm), 20.865 (1) (im), 20.865 (1) (sm), 46.284 (4) (m), 46.2898, 46.48 (9m), 49.825 (3) (b) 4., 49.826 (3) (b) 4., chapter 52, 70.11 (41s), 111.02 (6) (am), 111.02 (7) (a) 2., 3. and 4., 111.02 (7m), (9m) and (10m), 111.05 (3g), 111.05 (5), 111.05 (6), 111.05 (7), 111.06 (1) (m), 111.075, 111.115 (1) (a), 111.115 (2), 111.17 (2), 111.70 (1g), 111.70 (3) (a) 7., 111.70 (3) (b) 6., 111.70 (3m), 111.70 (3p), 111.70 (4) (c) 1g., 111.70 (4) (cm) 5., 111.70 (4) (cm) 6., 111.70 (4) (cm) 7., 111.70 (4) (cm) 7g., 111.70 (4) (cm) 7r., 111.70 (4) (cm) 8., 111.70 (4) (cm) 9., 111.70 (4) (m), 111.70 (4) (mc) 4., 111.70 (4) (n) and (o), 111.70 (7), 111.70 (7m) (b), 111.70 (7m) (c) 3., 111.70 (7m) (e), 111.70 (7m) (f), 111.71 (4), 111.71 (5), 111.80, 111.81 (3h), 111.81 (7) (g), 111.81 (9k), 111.825 (2g), 111.83 (5m), 111.83 (7), 111.85 (5), 111.905, 111.91 (1) (cg), 111.91 (1) (e), 111.91 (2c), 111.92 (2m), subchapter VI of chapter 111 [precedes 111.95], 118.22 (4), 118.23 (5) and 233.02 (1) (h) of the statutes; and the repeal of 2011 Wisconsin Act 10, section 9132 and 2011 Wisconsin Act 10, section 9155 first apply to an employee who is covered by a collective bargaining agreement under subchapter IV of chapter 111 of the statutes that contains provisions inconsistent with this act on the day on which the agreement expires or is terminated, extended, modified, or renewed, whichever occurs first.".

AB40-SA8,143,19 (End)