Amendment SSA1-SB27

SB27-SSA1, s. 2403e Section 2403e. 108.02 (26m) of the statutes is created to read:

SB27-SSA1,1000,13 108.02 (26m) Waiting period. "Waiting period" means any period of time under s. 108.04 (3) for which no benefits are payable to a claimant as a condition precedent to receipt of benefits.

SB27-SSA1, s. 2403m Section 2403m. 108.04 (1) (c) of the statutes is created to read:

SB27-SSA1,1000,22 108.04 (1) (c) If a claimant fails or refuses to take a test for the presence of illegal drugs that is required by the claimant's employer or a prospective employer as a condition of employment, the employer shall report the failure or refusal to the department. The department shall retain the information received from employers under this paragraph for the purpose of determining eligibility for benefits. A claimant is ineligible to receive benefits for a period of 52 weeks after the week in which the department receives a report of the claimant's failure or refusal under this paragraph. This paragraph applies to the extent permitted under federal law.

SB27-SSA1, s. 2403s Section 2403s. 108.04 (3) of the statutes is created to read:

SB27-SSA1,1001,3 108.04 (3) Waiting period. The first week of a claimant's benefit year for which the claimant has timely applied and is otherwise eligible for regular benefits under this chapter is the claimant's waiting period for that benefit year.

SB27-SSA1, s. 2403w Section 2403w. 108.06 (1) of the statutes is amended to read:

SB27-SSA1,1001,14 108.06 (1) Except as provided in subs. (6) and (7) and ss. 108.141 and 108.142, no claimant may receive total benefits based on employment in a base period greater than 26 times the claimant's weekly benefit rate under s. 108.05 (1) or 40% of the claimant's base period wages, whichever is lower. Except as provided in subs. (6) and (7) and ss. 108.141 and 108.142, if a claimant's base period wages are reduced or canceled under s. 108.04 (5) or (18), or suspended under s. 108.04 (1) (c) or (f), (10) (a), or (17), the claimant may not receive total benefits based on employment in a base period greater than 26 times the claimant's weekly benefit rate under s. 108.05 (1) or 40% of the base period wages not reduced, canceled or suspended which were paid or payable to the claimant, whichever is lower.

SB27-SSA1, s. 1528 Section 1528. 109.07 (1m) (b) of the statutes is amended to read:

SB27-SSA1,1001,21 109.07 (1m) (b) The department shall promptly provide a copy of the notice required under par. (a) to the department of commerce and to the office of the commissioner of insurance and shall cooperate with the department of commerce in the performance of its responsibilities under s. 560.15 and with the office of the commissioner of insurance in the performance of its responsibilities under s. 601.41 (7).

SB27-SSA1, s. 2404c Section 2404c. 109.09 (1) of the statutes is amended to read:

SB27-SSA1,1002,18 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim which is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 66.0903, 66.0904, 103.02, 103.49, 103.82, 104.12, and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

SB27-SSA1, s. 2404g Section 2404g. 110.08 (2) of the statutes is amended to read:

SB27-SSA1,1002,21 110.08 (2) Except as provided under sub. (5) (b) and s. 343.16 (1) (b) to (c), all examinations for operator's licenses and permits shall be given by state examiners.

SB27-SSA1, s. 2404r Section 2404r. 110.08 (5) of the statutes is created to read:

SB27-SSA1,1002,25 110.08 (5) (a) The department shall provide in each county, directly or by contract as described in par. (b), at least 20 hours per week of services relating to operator's licenses and identification cards.

SB27-SSA1,1003,10 (b) The department shall provide the services required under par. (a) by the most cost-effective means possible, which may include contracting with counties or other local governments to provide these services. Notwithstanding any provision of ss. 343.14 and 343.16, a contract between the department and a county or other local government under this paragraph may authorize an employee of the county or local government to conduct any examination for an operator's license except a driving skills test. The department may require any employee of a county or local government who provides services under a contract entered into under this paragraph to satisfy any requirement under s. 110.09 that would be required of an employee of the department.

SB27-SSA1, s. 2404q Section 2404q. 111.322 (2m) (c) of the statutes is amended to read:

SB27-SSA1,1003,14 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 66.0903, 66.0904, 103.49, or 229.8275 or testifies or assists in any action or proceeding under s. 66.0903, 66.0904, 103.49, or 229.8275.

SB27-SSA1, s. 2404t Section 2404t. 111.335 (1) (cv) of the statutes is amended to read:

SB27-SSA1,1003,20 111.335 (1) (cv) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ in a position in the classified service or in a position described in s. 230.08 (2) (k) a person who has been convicted under 50 USC, Appendix, section 462 for refusing to register with the selective service system and who has not been pardoned.

SB27-SSA1, s. 1529 Section 1529. 111.70 (1) (a) of the statutes is amended to read:

SB27-SSA1,1004,21 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13 (2e) and for a school district with respect to any matter under sub. (4) (n) and (o), and for a school district with respect to any matter under sub. (4) (n), except as provided in subs. (3m), (3p), and (4) (m) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety, and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

SB27-SSA1, s. 2406m Section 2406m. 111.70 (1) (j) of the statutes is amended to read:

SB27-SSA1,1005,5 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, transit authority under s. 59.58 (7) or 66.1039, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.

SB27-SSA1, s. 2407dg Section 2407dg. 111.70 (4) (c) 2. a. of the statutes is renumbered 111.70 (4) (c) 2.

SB27-SSA1, s. 2407dgg Section 2407dgg. 111.70 (4) (c) 2. b. of the statutes is repealed.

SB27-SSA1, s. 2408cv Section 2408cv. 111.70 (4) (jm) 4w. of the statutes is created to read:

SB27-SSA1,1005,14 111.70 (4) (jm) 4w. In determining the proper compensation to be received by members of the police department under subd. 4., the arbitrator shall give greater weight to the economic conditions in the 1st class city than the arbitrator gives to the factors under subd. 5. The arbitrator shall give an accounting of the consideration of this factor in the arbitrator's decision.

SB27-SSA1, s. 2408cx Section 2408cx. 111.70 (4) (jm) 5. (intro.) of the statutes is amended to read:

SB27-SSA1,1005,18 111.70 (4) (jm) 5. (intro.) In determining the proper compensation to be received by members of the police department under subd. 4., in addition to the factor under subd. 4w., the arbitrator shall utilize:

SB27-SSA1, s. 2409cp Section 2409cp. 111.70 (4) (mc) 1., 2. and 3. of the statutes are repealed.

SB27-SSA1, s. 2409cy Section 2409cy. 111.70 (4) (mc) 5. and 6. of the statutes are created to read:

SB27-SSA1,1006,7 111.70 (4) (mc) 5. If the collective bargaining unit contains a public safety employee who is initially employed on or after the effective date of this subdivision .... [LRB inserts date], the requirement under ss. 40.05 (1) (b), 59.875, and 62.623 that the municipal employer may not pay, on behalf of that public safety employee any employee required contributions or the employee share of required contributions, and the impact of this requirement on the wages, hours, and conditions of employment of that public safety employee. If a public safety employee is initially employed by a municipal employer before the effective date of this subdivision .... [LRB inserts date], this subdivision does not apply to that public safety employee if he or she is employed as a public safety employee by a successor municipal employer in the event of a combined department that is created on or after that date.

SB27-SSA1,1006,11 6. The design and selection of health care coverage plans by the municipal employer for public safety employees, and the impact of the design and selection of the health care coverage plans on the wages, hours, and conditions of employment of the public safety employee.

SB27-SSA1, s. 2409it Section 2409it. 111.77 (6) of the statutes is renumbered 111.77 (6) (bm), and 111.77 (6) (bm) (intro.), as renumbered, is amended to read:

SB27-SSA1,1006,15 111.77 (6) (bm) (intro.) In reaching a decision, in addition to the factors under par. (am), the arbitrator shall give weight to the following factors:

SB27-SSA1, s. 2409iv Section 2409iv. 111.77 (6) (am) of the statutes is created to read:

SB27-SSA1,1006,20 111.77 (6) (am) In reaching a decision, the arbitrator shall give greater weight to the economic conditions in the jurisdiction of the municipal employer than the arbitrator gives to the factors under par. (bm). The arbitrator shall give an accounting of the consideration of this factor in the arbitrator's decision.

SB27-SSA1, s. 2410a Section 2410a. 111.81 (7) (ar) of the statutes is created to read:

SB27-SSA1,1006,25 111.81 (7) (ar) Any employee who is employed by the University of Wisconsin System, except an employee who is assigned to the University of Wisconsin-Madison, and except academic faculty under s. 36.13 and academic staff under s. 36.15.

SB27-SSA1, s. 2410b Section 2410b. 111.81 (7) (at) of the statutes is created to read:

SB27-SSA1,1007,4 111.81 (7) (at) Any employee who is employed by the University of Wisconsin System and assigned to the University of Wisconsin-Madison except academic faculty under s. 36.13 and academic staff under s. 36.15.

SB27-SSA1, s. 2410c Section 2410c. 111.815 (1) of the statutes is amended to read:

SB27-SSA1,1008,11 111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The office shall negotiate and administer collective bargaining agreements except that the department of health services, subject to the approval of the federal centers for medicare and medicaid services to use collective bargaining as the method of setting rates for reimbursement of home care providers, shall negotiate and administer collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g). To coordinate the employer position in the negotiation of agreements, the office, or the department of health services with regard to collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g), shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining units specified in s. 111.825 (1m), (2) (f), (1r), (1t), and (2g), the office is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the office that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible for the employer functions under this subchapter. With respect to the collective bargaining units specified in s. 111.825 (1r), the Board of Regents of the University of Wisconsin System is responsible for the employer functions under this subchapter. With respect to the collective bargaining units specified in s. 111.825 (1t), the chancellor of the University of Wisconsin-Madison is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2) (f) (1r) (ef), the governing board of the charter school established by contract under s. 118.40 (2r) (cm) is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2g), the department of health services is responsible for the employer functions of the executive branch under this subchapter.

SB27-SSA1, s. 2410d Section 2410d. 111.815 (2) of the statutes is amended to read:

SB27-SSA1,1008,19 111.815 (2) In the furtherance of the policy under s. 111.80 (4), the director of the office shall, together with the appointing authorities or their representatives, represent the state in its responsibility as an employer under this subchapter except with respect to negotiations in the collective bargaining units specified in s. 111.825 (1m), (2) (f), (1r), (1t), and (2g). The director of the office shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.

SB27-SSA1, s. 2410e Section 2410e. 111.825 (1r) of the statutes is created to read:

SB27-SSA1,1008,24 111.825 (1r) Except as provided in sub. (2), collective bargaining units for employees who are employed by the University of Wisconsin System, other than employees who are assigned to the University of Wisconsin-Madison, are structured with one collective bargaining unit for each of the following occupational groups:

SB27-SSA1,1008,25 (a) Administrative support.

SB27-SSA1,1009,1 (b) Blue collar and nonbuilding trades.

SB27-SSA1,1009,2 (c) Building trades crafts.

SB27-SSA1,1009,3 (cm) Law enforcement.

SB27-SSA1,1009,4 (d) Security and public safety.

SB27-SSA1,1009,5 (e) Technical.

SB27-SSA1,1009,6 (f) Professional:

SB27-SSA1,1009,7 1. Fiscal and staff services.

SB27-SSA1,1009,8 2. Research, statistics, and analysis.

SB27-SSA1,1009,9 3. Legal.

SB27-SSA1,1009,10 4. Patient treatment.

SB27-SSA1,1009,11 5. Patient care.

SB27-SSA1,1009,12 6. Social services.

SB27-SSA1,1009,13 7. Education.

SB27-SSA1,1009,14 8. Engineering.

SB27-SSA1,1009,15 9. Science.

SB27-SSA1, s. 2410f Section 2410f. 111.825 (1t) of the statutes is created to read:

SB27-SSA1,1009,20 111.825 (1t) Except as provided in sub. (2), collective bargaining units for employees employed by the University of Wisconsin System and assigned to the University of Wisconsin-Madison are structured with one collective bargaining unit for each of the following occupational groups:

SB27-SSA1,1009,21 (a) Administrative support.

SB27-SSA1,1009,22 (b) Blue collar and nonbuilding trades.

SB27-SSA1,1009,23 (c) Building trades crafts.

SB27-SSA1,1009,24 (cm) Law enforcement.

SB27-SSA1,1009,25 (d) Security and public safety.

SB27-SSA1,1010,1 (e) Technical.

SB27-SSA1,1010,2 (f) Professional:

SB27-SSA1,1010,3 1. Fiscal and staff services.

SB27-SSA1,1010,4 2. Research, statistics, and analysis.

SB27-SSA1,1010,5 3. Legal.

SB27-SSA1,1010,6 4. Patient treatment.

SB27-SSA1,1010,7 5. Patient care.

SB27-SSA1,1010,8 6. Social services.

SB27-SSA1,1010,9 7. Education.

SB27-SSA1,1010,10 8. Engineering.

SB27-SSA1,1010,11 9. Science.

SB27-SSA1, s. 2410g Section 2410g. 111.825 (2) (a) of the statutes is renumbered 111.825 (1t) (em) and amended to read:

SB27-SSA1,1010,15 111.825 (1t) (em) The program, project, and teaching assistants of the University of Wisconsin-Madison and.

SB27-SSA1,1010,17 (1r) (em) The program, project, and teaching assistants of the University of Wisconsin-Extension.

SB27-SSA1, s. 2410h Section 2410h. 111.825 (2) (b), (c) and (f) of the statutes are renumbered 111.825 (1r) (eb), (ec) and (ef).

SB27-SSA1, s. 2410i Section 2410i. 111.825 (2) (g) of the statutes is renumbered 111.825 (1t) (er) and amended to read:

SB27-SSA1,1010,23 111.825 (1t) (er) Research assistants of the University of Wisconsin-Madison and.