Amendment JR1 CSA1-AB11

AB11-CSA1,111,21 230.12 (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.

AB11-CSA1, s. 361 Section 361. 230.24 (4) of the statutes is created to read:

AB11-CSA1,112,2 230.24 (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.

AB11-CSA1, s. 362 Section 362. 230.29 (1) of the statutes is renumbered 230.29 and amended to read:

AB11-CSA1,112,6 230.29 Transfers. Subject to sub. (2), a A transfer may be made from one position to another only if specifically authorized by the administrator.

AB11-CSA1, s. 363 Section 363. 230.29 (2) of the statutes is repealed.

AB11-CSA1, s. 364 Section 364. 230.34 (1) (ar) of the statutes is amended to read:

AB11-CSA1,112,18 230.34 (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.

AB11-CSA1, s. 365 Section 365. 230.34 (1) (ax) of the statutes is created to read:

AB11-CSA1,112,22 230.34 (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:

AB11-CSA1,112,25 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.

AB11-CSA1,113,3 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.

AB11-CSA1,113,4 2. Engaging in any action under subd. 1. constitutes just cause for discharge.

AB11-CSA1,113,8 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.

AB11-CSA1, s. 366 Section 366. 230.35 (1s) of the statutes is amended to read:

AB11-CSA1,113,16 230.35 (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.

AB11-CSA1, s. 367 Section 367. 230.35 (2d) (e) of the statutes is amended to read:

AB11-CSA1,113,21 230.35 (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.

AB11-CSA1, s. 368 Section 368. 230.35 (3) (e) 6. of the statutes is amended to read:

AB11-CSA1,114,2 230.35 (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.

AB11-CSA1, s. 369 Section 369. 230.88 (2) (b) of the statutes is amended to read:

AB11-CSA1,114,12 230.88 (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.

AB11-CSA1, s. 370 Section 370. 233.02 (1) (h) of the statutes is repealed.

AB11-CSA1, s. 371 Section 371. 233.02 (8) of the statutes is amended to read:

AB11-CSA1,114,23 233.02 (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.

AB11-CSA1, s. 372 Section 372. 233.03 (7) of the statutes is amended to read:

AB11-CSA1,115,6 233.03 (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.

AB11-CSA1, s. 373 Section 373. 233.04 (2) of the statutes is amended to read:

AB11-CSA1,115,9 233.04 (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.

AB11-CSA1, s. 374 Section 374. 233.04 (4) of the statutes is repealed.

AB11-CSA1, s. 375 Section 375. 233.04 (4m) of the statutes is repealed.

AB11-CSA1, s. 376 Section 376. 233.04 (4r) of the statutes is repealed.

AB11-CSA1, s. 377 Section 377. 233.10 (1) of the statutes is amended to read:

AB11-CSA1,115,17 233.10 (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.

AB11-CSA1, s. 378 Section 378. 233.10 (2) (intro.) of the statutes is amended to read:

AB11-CSA1,115,22 233.10 (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:

AB11-CSA1, s. 379 Section 379. 233.10 (3) (a) (intro.) of the statutes is amended to read:

AB11-CSA1,115,25 233.10 (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:

AB11-CSA1, s. 380 Section 380. 233.10 (3) (b) of the statutes is repealed.

AB11-CSA1, s. 381 Section 381. 233.10 (3) (c) (intro.) of the statutes is amended to read:

AB11-CSA1,116,6 233.10 (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:

AB11-CSA1, s. 382 Section 382. 233.10 (3) (d) of the statutes is amended to read:

AB11-CSA1,116,12 233.10 (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.

AB11-CSA1, s. 383 Section 383. 233.10 (3m) of the statutes is repealed.

AB11-CSA1, s. 384 Section 384. 281.75 (4) (b) 3. of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11-CSA1,116,17 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 52, 231, 233, 234, 237, or 238.

AB11-CSA1, s. 385 Section 385. 285.59 (1) (b) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11-CSA1,117,4 285.59 (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.

AB11-CSA1, s. 386 Section 386. 704.31 (3) of the statutes is amended to read:

AB11-CSA1,117,8 704.31 (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.

AB11-CSA1, s. 387 Section 387. 851.71 (4) of the statutes is amended to read:

AB11-CSA1,117,14 851.71 (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.

AB11-CSA1, s. 388 Section 388. 978.12 (1) (c) of the statutes is amended to read:

AB11-CSA1,117,24 978.12 (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.

AB11-CSA1, s. 9101 Section 9101. Nonstatutory provisions; Administration.

AB11-CSA1,118,5 (1) 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.

AB11-CSA1,118,6 (2) Position increases and decreases.

AB11-CSA1,118,10 (a) The authorized FTE positions for the department of administration are decreased by 1.0 FED position, funded from the appropriation under section 20.505 (1) (pz) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the position.

AB11-CSA1,118,14 (b) The authorized FTE positions for the department of administration are decreased by 1.0 PR position, funded from the appropriation under section 20.505 (1) (kr) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the position.

AB11-CSA1,118,17 (c) The authorized FTE positions for the department of administration are increased by 1.0 PR position, funded from the appropriation under section 20.505 (1) (ka) of the statutes, to provide for an unclassified division administrator.

AB11-CSA1,118,20 (d) The authorized FTE positions for the department of administration are increased by 1.0 PR position, funded from the appropriation under section 20.505 (1) (kr) of the statutes, to provide for an unclassified division administrator.

AB11-CSA1,118,23 (e) The authorized FTE positions for the department of administration are increased by 1.0 PR position, funded from the appropriation under section 20.505 (5) (ka) of the statutes, to provide for an unclassified division administrator.

AB11-CSA1, s. 9103 Section 9103. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

AB11-CSA1,119,1 (1) Position increases and decreases.

AB11-CSA1,119,6 (a) The authorized FTE positions for the department of agriculture, trade and consumer protection are decreased by 3.0 GPR positions, funded from the appropriation under section 20.115 (8) (a) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the positions.

AB11-CSA1,119,10 (b) The authorized FTE positions for the department of agriculture, trade and consumer protection are increased by 3.0 GPR positions, funded from the appropriation under section 20.115 (8) (a) of the statutes, to provide for additional unclassified division administrators.

AB11-CSA1, s. 9108 Section 9108. Nonstatutory provisions; Children and Families.

AB11-CSA1,119,12 (1) Position increases and decreases.

AB11-CSA1,119,16 (a) The authorized FTE positions for the department of children and families are decreased by 1.0 PR position, funded from the appropriation under section 20.437 (3) (k) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the position.

AB11-CSA1,119,20 (b) The authorized FTE positions for the department of children and families are decreased by 1.85 GPR positions, funded from the appropriation under section 20.437 (3) (a) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the positions.

AB11-CSA1,119,24 (c) The authorized FTE positions for the department of children and families are decreased by 0.15 FED position, funded from the appropriation under section 20.437 (3) (n) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the position.

AB11-CSA1,120,3 (d) The authorized FTE positions for the department of children and families are increased by 1.0 PR position, funded from the appropriation under section 20.437 (3) (k) of the statutes, to provide for an unclassified division administrator.

AB11-CSA1,120,7 (e) The authorized FTE positions for the department of children and families are increased by 1.85 GPR positions, funded from the appropriation under section 20.437 (3) (a) of the statutes, to provide for additional unclassified division administrators.

AB11-CSA1,120,10 (f) The authorized FTE positions for the department of children and families are increased by 0.15 FED position, funded from the appropriation under section 20.437 (3) (n) of the statutes, to provide for an unclassified division administrator.

AB11-CSA1, s. 9111 Section 9111. Nonstatutory provisions; Corrections.

AB11-CSA1,120,12 (1) Position increases and decreases.

AB11-CSA1,120,16 (a) The authorized FTE positions for the department of corrections are decreased by 3.0 GPR positions, funded from the appropriation under section 20.410 (1) (a) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the positions.

AB11-CSA1,120,19 (b) The authorized FTE positions for the department of corrections are increased by 3.0 GPR positions, funded from the appropriation under section 20.410 (1) (a) of the statutes, to provide for additional unclassified division administrators.

AB11-CSA1, s. 9115 Section 9115. Nonstatutory provisions; Employee Trust Funds.

AB11-CSA1,120,21 (1 ) State employee health care coverage.

AB11-CSA1,120,24 (a) Notwithstanding section 40.05 (4) (ag) and (c) of the statutes, as affected by this act, beginning with health insurance premiums paid in April 2011, and ending with coverage for December 2011, all of the following shall apply:

AB11-CSA1,121,9 1. 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.

AB11-CSA1,121,12 2. Eligible employees covered under section 40.02 (25) (b) 2. of the statutes, as affected by this act, shall pay 50 percent of the amounts required for employees under subdivision 1.

AB11-CSA1,121,16 3. Employees covered under section 40.05 (4) (ag) 1. of the statutes, as affected by this act, and craft employees, as defined in section 111.81 (4) of the statutes, and related nonrepresented employees shall pay the same amounts that they are required to pay on the day before the effective date of this subdivision.

AB11-CSA1,121,20 (b) If an employer is unable to modify payroll procedures in sufficient time to collect employees' increased share of the premium costs for health care coverage under paragraph (a), the employer shall recover all amounts that employees owe for the increased share of premium costs before July 1, 2011.

AB11-CSA1,122,6 (2 ) Employer and employee required contributions for 2011. Notwithstanding the employer and employee required contributions rates established for 2011 under section 40.05 (1) and (2), 2009 stats., beginning on the first day of the first pay period after March 13, 2011, the employee required contributions under section 40.05 (1) (a) of the statutes, as affected by this act, shall be in effect for the remainder of 2011, and the employer required contributions under section 40.05 (2) of the statutes shall be adjusted to reflect the increases in employee required contributions for the remainder of 2011. If an employer is unable to modify payroll procedures in sufficient time to collect the increased employee required contributions before the first day of the first pay period after March 13, 2011, the employer shall recover all amounts that employees owe before July 1, 2011.

AB11-CSA1,122,10 (3) Agreements to modify group insurance coverage for state employees. Section 40.03 (6) (c) of the statutes shall not apply to any agreements entered into by the group insurance board to modify group insurance coverage for the 2012 and 2013 calendar years.

AB11-CSA1,122,20 (4) Reductions in health care premium costs for health care coverage during 2012 calendar year. The group insurance board shall design health care coverage plans for the 2012 calendar year that, after adjusting for any inflationary increase in health benefit costs, as determined by the group insurance board, reduces the average premium cost of plans offered in the tier with the lowest employee premium cost under section 40.51 (6) of the statutes by at least 5 percent from the cost of such plans offered during the 2011 calendar year. The group insurance board shall include copayments in the health care coverage plans for the 2012 calendar year and may require health risk assessments for state employees and participation in wellness or disease management programs.

AB11-CSA1, s. 9117 Section 9117. Nonstatutory provisions; Financial Institutions.