LRB-2307/1
CMH:wlj:ph
2011 - 2012 LEGISLATURE
October 25, 2011 - Introduced by Representatives Pocan, Barca, Berceau, Bernard
Schaber, Bewley, Doyle, Fields, Grigsby, Hebl, Hintz, Hulsey, Jorgensen,
Kessler, Mason, Milroy, Molepske Jr, Pasch, Pope-Roberts, Richards,
Ringhand, Roys, Seidel, Sinicki, Staskunas, Steinbrink, C. Taylor, Turner,
Young, Zamarripa and
Zepnick, cosponsored by Senators Risser, Carpenter,
S. Coggs, Erpenbach, Hansen, Holperin, Jauch, King, C. Larson, Lassa,
Miller, Shilling, Taylor, Vinehout, Wirch and T. Cullen. Referred to
Committee on Assembly Organization.
AB338,3,19
1An Act to repeal 20.865 (1) (cm), 20.865 (1) (im), 20.865 (1) (sm), 40.51 (7) (b),
259.875 (2) (b), 62.623 (2), 66.0506, 66.0508, 66.0509 (1m), 73.03 (68), 111.70 (1)
3(cm), 111.70 (1) (fm), 111.70 (1) (mm), 111.70 (1) (p), 111.70 (3) (a) 7m., 111.70
4(3) (b) 6m., 111.70 (3g), 111.70 (4) (bm), 111.70 (4) (cg), 111.70 (4) (d) 3. b., 111.70
5(4) (mb), 111.70 (4) (mbb), 111.70 (4) (mc) 5. and 6., 111.71 (4m), 111.71 (5m),
6111.81 (3n), 111.81 (9g), 111.81 (15r), 111.825 (1) (g), 111.825 (6) (b), 111.83 (3)
7(b), 111.845, 111.91 (2) (fm), 111.91 (3), 111.91 (3q), 111.92 (3) (b), 111.93 (3) (b),
8118.223, 118.245 and 120.12 (4m);
to renumber 111.825 (6) (a) and 111.83 (3)
9(a);
to renumber and amend 40.51 (7) (a), 59.875 (2) (a), 62.623 (1), 111.02 (7)
10(a), 111.115 (1), 111.17, 111.70 (4) (c) 1., 111.70 (4) (mc) (intro.), 111.92 (3) (a),
11111.965, 111.999 and 111.9991 (1);
to consolidate, renumber and amend
12111.70 (4) (d) 3. a. and c. and 111.93 (3) (intro.) and (a);
to amend 7.33 (1) (c),
137.33 (4), 13.111 (2), 13.172 (1), 13.48 (13) (a), 13.62 (2), 13.94 (4) (a) 1., 13.95
14(intro.), 16.002 (2), 16.004 (4), 16.004 (5), 16.004 (12) (a), 16.045 (1) (a), 16.15
1(1) (ab), 16.41 (4), 16.417 (1) (b), 16.50 (3) (e), 16.52 (7), 16.528 (1) (a), 16.53 (2),
216.54 (9) (a) 1., 16.70 (2), 16.765 (1), 16.765 (2), 16.765 (4), 16.765 (5), 16.765 (6),
316.765 (7) (intro.), 16.765 (7) (d), 16.765 (8), 16.85 (2), 16.865 (8), 19.82 (1), 19.85
4(3), 19.86, 20.425 (1) (a), 20.425 (1) (i), 20.545 (1) (k), 20.545 (1) (km), 20.865 (1)
5(ci), 20.865 (1) (ic), 20.865 (1) (si), 20.917 (3) (b), 20.921 (1) (a) 2., 20.921 (1) (b),
620.923 (6) (intro.), 20.928 (1), 36.09 (1) (j), 40.02 (25) (b) 8., 40.05 (4) (bw), 40.05
7(4g) (a) 4., 40.05 (5) (intro.), 40.05 (5) (b) 4., 40.05 (6) (a), 40.62 (2), 40.80 (3),
840.81 (3), 40.95 (1) (a) 2., 46.2895 (8) (a) 1., 71.26 (1) (be), 77.54 (9a) (a), 100.45
9(1) (dm), 101.177 (1) (d), 109.03 (1) (b), 111.02 (1), 111.02 (2), 111.02 (3), 111.02
10(7) (b) 1., 111.05 (2), 111.06 (1) (c) 1., 111.06 (1) (d), 111.06 (1) (i), 111.06 (2) (i),
11111.115 (title), 111.70 (1) (a), 111.70 (1) (f), 111.70 (1) (j), 111.70 (1) (n), 111.70
12(2), 111.70 (3) (a) 3., 111.70 (3) (a) 5., 111.70 (3) (a) 6., 111.70 (3) (a) 9., 111.70 (4)
13(c) (title), 111.70 (4) (c) 2., 111.70 (4) (c) 3. (intro.), 111.70 (4) (cm) (title), 1., 2.,
143. and 4., 111.70 (4) (cm) 8m., 111.70 (4) (d) 2. a., 111.70 (4) (L), 111.70 (4) (p),
15111.70 (7m) (c) 1. a., 111.70 (8) (a), 111.71 (2), 111.77 (intro.), 111.77 (8) (a),
16111.77 (9), 111.81 (1), 111.81 (9), 111.81 (12) (intro.), 111.81 (12m), 111.81 (16),
17111.815 (1), 111.815 (2), 111.82, 111.825 (3), 111.825 (4), 111.825 (5), 111.83 (1),
18111.83 (4), 111.84 (1) (b), 111.84 (1) (d), 111.84 (1) (f), 111.84 (2) (c), 111.84 (3),
19111.85 (1), (2) and (4), 111.90 (2), 111.91 (1) (a), 111.91 (1) (b), 111.91 (1) (c),
20111.91 (1) (cm), 111.91 (1) (d), 111.91 (2) (intro.), 111.91 (2) (gu), 111.92 (1) (a),
21111.98 (2) (a), 111.997 (intro.) and (1), 111.998 (1) (b), 111.998 (1) (c), 111.998 (1)
22(d), 111.998 (1) (e), 111.998 (1) (f), 111.998 (2) (intro.), 118.40 (2r) (b) 3. a., 118.42
23(3) (a) 4., 118.42 (5), 119.04 (1), 120.12 (15), 120.18 (1) (gm), 230.01 (3), 230.03
24(3), 230.046 (10) (a), 230.10 (1), 230.12 (3) (e) 1., 230.34 (1) (ar), 230.35 (1s),
25230.35 (2d) (e), 230.35 (3) (e) 6., 230.88 (2) (b), 233.02 (8), 233.03 (7), 233.10 (2)
1(intro.), 281.75 (4) (b) 3., 285.59 (1) (b), 704.31 (3), 851.71 (4), 904.085 (2) (a) and
2978.12 (1) (c);
to repeal and recreate 16.705 (3) (intro.), 36.09 (1) (j), 40.05 (1)
3(b), 40.05 (4) (ag), 40.05 (4) (b), 111.815 (1), 111.815 (2), 111.825 (3) and 111.825
4(4);
to create 16.705 (3), 19.42 (10) (s), 20.865 (1) (cm), 20.865 (1) (im), 20.865
5(1) (sm), 46.284 (4) (m), 46.2898, 46.48 (9m), 49.825 (3) (b) 4., 49.826 (3) (b) 4.,
6chapter 52, 70.11 (41s), 111.02 (6) (am), 111.02 (7) (a) 2., 3. and 4., 111.02 (7m),
7(9m) and (10m), 111.05 (3g), 111.05 (5), 111.05 (6), 111.05 (7), 111.06 (1) (m),
8111.075, 111.115 (1) (a), 111.115 (2), 111.17 (2), 111.70 (1g), 111.70 (3) (a) 7.,
9111.70 (3) (b) 6., 111.70 (3m), 111.70 (3p), 111.70 (4) (c) 1g., 111.70 (4) (cm) 5.,
10111.70 (4) (cm) 6., 111.70 (4) (cm) 7., 111.70 (4) (cm) 7g., 111.70 (4) (cm) 7r., 111.70
11(4) (cm) 8., 111.70 (4) (cm) 9., 111.70 (4) (m), 111.70 (4) (n) and (o), 111.70 (7),
12111.70 (7m) (b), 111.70 (7m) (c) 3., 111.70 (7m) (e), 111.70 (7m) (f), 111.71 (4),
13111.71 (5), 111.80, 111.81 (3h), 111.81 (7) (g), 111.81 (9k), 111.825 (2g), 111.83
14(5m), 111.905, 111.91 (1) (cg), 111.91 (1) (e), 111.91 (2c), 111.92 (2m), subchapter
15VI of chapter 111 [precedes 111.95], 111.965 (2m), 111.999 (2), 111.9991 (1) (b),
16118.22 (4), 118.23 (5) and 233.02 (1) (h) of the statutes; and
to affect 2011
17Wisconsin Act 10, section
9132 and
2011 Wisconsin Act 10, section
9155;
18relating to: collective bargaining for public employees, granting rule-making
19authority, and making appropriations.
Analysis by the Legislative Reference Bureau
Current law grants certain protective occupation participants under the
Wisconsin Retirement System (public safety employees) and certain municipal
transit employees the right to collectively bargain over wages, hours, and conditions
of employment. State government and municipal government employees who are
not public safety employees or municipal transit employees (general employees)
have the right to collectively bargain over a percentage increase in base wages that
does not exceed the percentage change in the consumer price index. Current law also
prohibits municipal employers from collectively bargaining with municipal general
employees in matters that are not permitted under the Municipal Employment
Relations Act (MERA). Under this bill, all municipal employees have the right to
collectively bargain over wages, hours, and conditions of employment under MERA,
and all state employees have the right to collectively bargain over wages, hours, and
conditions of employment under the State Employment Labor Relations Act
(SELRA). In addition, this bill provides University of Wisconsin (UW) System
employees, employees of the UW Hospitals and Clinics Authority, and certain home
care and child care providers the right to collectively bargain over wages, hours, and
conditions of employment.
Under SELRA and MERA, each collective bargaining unit containing general
employees must have an annual election to certify the labor organization that
represents the collective bargaining unit. If, at the election, less than 51 percent of
the actual employees in the collective bargaining unit vote for a representative, then,
at the expiration of the current collective bargaining agreement, the current
representative is decertified and the members of the collective bargaining unit are
nonrepresented and may not be represented for one year. This bill eliminates the
requirement to have an annual certification election. Once the majority of employees
in a collective bargaining unit elects a labor organization as their representative,
that labor organization remains the representative unless a percentage of members
of the collective bargaining unit supports a petition for a new election and
subsequently votes to decertify the representative.
Currently, the term for a collective bargaining agreement covering a general
employee may not exceed one year and may not be extended. This bill generally
limits the term to two years and eliminates the prohibition on agreement extensions.
Current law prohibits the deduction of labor organization dues from salaries of
general employees. This bill allows employees who are represented by a labor
organization to have the organization dues deducted from their salaries.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB338,4,53
7.33
(1) (c) "State agency" has the meaning given under s. 20.001 (1) and
4includes an authority created under subch. II of ch. 114 or ch.
52, 231, 232, 233, 234,
5or 237.
AB338,5,123
7.33
(4) Except as otherwise provided in this subsection, each local
4governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon
5proper application under sub. (3), permit each of its employees to serve as an election
6official under s. 7.30 without loss of fringe benefits or seniority privileges earned for
7scheduled working hours during the period specified in sub. (3), without loss of pay
8for scheduled working hours during the period specified in sub. (3) except as provided
9in sub. (5), and without any other penalty. For employees who are included in a
10collective bargaining unit for which a representative is recognized or certified under
11subch. V
or VI of ch. 111, this subsection shall apply unless otherwise provided in a
12collective bargaining agreement.
AB338,5,1715
13.111
(2) Duties. The joint committee on employment relations shall perform
16the functions assigned to it under
subch. subchs. V
and VI of ch. 111, subch. II of ch.
17230 and ss. 16.53 (1) (d) 1., 20.916, 20.917, and 20.923.
AB338,5,2520
13.172
(1) In this section, "agency" means an office, department, agency,
21institution of higher education, association, society, or other body in state
22government created or authorized to be created by the constitution or any law, that
23is entitled to expend moneys appropriated by law, including the legislature and the
24courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in
25ch.
52, 231, 233, 234, 238, or 279.
AB338,6,153
13.48
(13) (a) Except as provided in par. (b) or (c), every building, structure or
4facility that is constructed for the benefit of or use of the state, any state agency,
5board, commission or department, the University of Wisconsin Hospitals and Clinics
6Authority, the Fox River Navigational System Authority,
the Wisconsin Quality
7Home Care Authority, the Wisconsin Economic Development Corporation, or any
8local professional baseball park district created under subch. III of ch. 229 if the
9construction is undertaken by the department of administration on behalf of the
10district, shall be in compliance with all applicable state laws, rules, codes and
11regulations but the construction is not subject to the ordinances or regulations of the
12municipality in which the construction takes place except zoning, including without
13limitation because of enumeration ordinances or regulations relating to materials
14used, permits, supervision of construction or installation, payment of permit fees, or
15other restrictions.
AB338,6,2218
13.62
(2) "Agency" means any board, commission, department, office, society,
19institution of higher education, council, or committee in the state government, or any
20authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch.
52, 231, 232,
21233, 234, 237, 238, or 279, except that the term does not include a council or
22committee of the legislature.
AB338,7,17
113.94
(4) (a) 1. Every state department, board, examining board, affiliated
2credentialing board, commission, independent agency, council or office in the
3executive branch of state government; all bodies created by the legislature in the
4legislative or judicial branch of state government; any public body corporate and
5politic created by the legislature including specifically
the Wisconsin Quality Home
6Care Authority, the Fox River Navigational System Authority, the Lower Fox River
7Remediation Authority, the Wisconsin Aerospace Authority, and the Wisconsin
8Economic Development Corporation, a professional baseball park district, a local
9professional football stadium district, a local cultural arts district and a long-term
10care district under s. 46.2895; every Wisconsin works agency under subch. III of ch.
1149; every provider of medical assistance under subch. IV of ch. 49; technical college
12district boards; every county department under s. 51.42 or 51.437; every nonprofit
13corporation or cooperative or unincorporated cooperative association to which
14moneys are specifically appropriated by state law; and every corporation, institution,
15association or other organization which receives more than 50% of its annual budget
16from appropriations made by state law, including subgrantee or subcontractor
17recipients of such funds.
AB338,8,8
2013.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
21known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau
22shall be strictly nonpartisan and shall at all times observe the confidential nature
23of the research requests received by it; however, with the prior approval of the
24requester in each instance, the bureau may duplicate the results of its research for
25distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
1designated employees shall at all times, with or without notice, have access to all
2state agencies, the University of Wisconsin Hospitals and Clinics Authority, the
3Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
4the Lower Fox River Remediation Authority,
the Wisconsin Quality Home Care
5Authority, the Wisconsin Economic Development Corporation, and the Fox River
6Navigational System Authority, and to any books, records, or other documents
7maintained by such agencies or authorities and relating to their expenditures,
8revenues, operations, and structure.
AB338,8,1511
16.002
(2) "Departments" means constitutional offices, departments, and
12independent agencies and includes all societies, associations, and other agencies of
13state government for which appropriations are made by law, but not including
14authorities created in subch. II of ch. 114 or subch. III of ch. 149 or in ch.
52, 231, 232,
15233, 234, 235, 237, 238, or 279.
AB338,8,2318
16.004
(4) Freedom of access. The secretary and such employees of the
19department as the secretary designates may enter into the offices of state agencies
20and authorities created under subch. II of ch. 114 and subch. III of ch. 149 and under
21chs.
52, 231, 233, 234, 237, 238, and 279, and may examine their books and accounts
22and any other matter that in the secretary's judgment should be examined and may
23interrogate the agency's employees publicly or privately relative thereto.
AB338,9,5
116.004
(5) Agencies and employees to cooperate. All state agencies and
2authorities created under subch. II of ch. 114 and subch. III of ch. 149 and under chs.
352, 231, 233, 234, 237, 238, and 279, and their officers and employees, shall cooperate
4with the secretary and shall comply with every request of the secretary relating to
5his or her functions.
AB338,9,168
16.004
(12) (a) In this subsection, "state agency" means an association,
9authority, board, department, commission, independent agency, institution, office,
10society, or other body in state government created or authorized to be created by the
11constitution or any law, including the legislature, the office of the governor, and the
12courts, but excluding the University of Wisconsin Hospitals and Clinics Authority,
13the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
14Authority, the Lower Fox River Remediation Authority,
the Wisconsin Quality Home
15Care Authority, the Wisconsin Economic Development Corporation, and the Fox
16River Navigational System Authority.
AB338,9,2419
16.045
(1) (a) "Agency" means an office, department, independent agency,
20institution of higher education, association, society, or other body in state
21government created or authorized to be created by the constitution or any law, that
22is entitled to expend moneys appropriated by law, including the legislature and the
23courts, but not including an authority created in subch. II of ch. 114 or subch. III of
24ch. 149 or in ch.
52, 231, 232, 233, 234, 235, 237, 238, or 279.
AB338,10,73
16.15
(1) (ab) "Authority" has the meaning given under s. 16.70 (2), but
4excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
5River Remediation Authority,
the Wisconsin Quality Home Care Authority, the
6Wisconsin Economic Development Corporation, and the Health Insurance
7Risk-Sharing Plan Authority.
AB338,10,1110
16.41
(4) In this section, "authority" means a body created under subch. II of
11ch. 114 or subch. III of ch. 149 or under ch.
52, 231, 233, 234, 237, 238, or 279.
AB338,10,1514
16.417
(1) (b) "Authority" means a body created under subch. II of ch. 114 or
15ch.
52, 231, 232, 233, 234, 235, 237, 238, or 279.
AB338,10,2018
16.50
(3) (e) No pay increase may be approved unless it is at the rate or within
19the pay ranges prescribed in the compensation plan or as provided in a collective
20bargaining agreement under subch. V
or VI of ch. 111.
AB338,11,723
16.52
(7) Petty cash account. With the approval of the secretary, each agency
24that is authorized to maintain a contingent fund under s. 20.920 may establish a
25petty cash account from its contingent fund. The procedure for operation and
1maintenance of petty cash accounts and the character of expenditures therefrom
2shall be prescribed by the secretary. In this subsection, "agency" means an office,
3department, independent agency, institution of higher education, association,
4society, or other body in state government created or authorized to be created by the
5constitution or any law, that is entitled to expend moneys appropriated by law,
6including the legislature and the courts, but not including an authority created in
7subch. II of ch. 114 or subch. III of ch. 149 or in ch.
52, 231, 233, 234, 237, 238, or 279.
AB338,11,1510
16.528
(1) (a) "Agency" means an office, department, independent agency,
11institution of higher education, association, society, or other body in state
12government created or authorized to be created by the constitution or any law, that
13is entitled to expend moneys appropriated by law, including the legislature and the
14courts, but not including an authority created in subch. II of ch. 114 or subch. III of
15ch. 149 or in ch.
52, 231, 233, 234, 237, 238, or 279.
AB338,12,218
16.53
(2) Improper invoices. If an agency receives an improperly completed
19invoice, the agency shall notify the sender of the invoice within 10 working days after
20it receives the invoice of the reason it is improperly completed. In this subsection,
21"agency" means an office, department, independent agency, institution of higher
22education, association, society, or other body in state government created or
23authorized to be created by the constitution or any law, that is entitled to expend
24moneys appropriated by law, including the legislature and the courts, but not
1including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch.
252, 231, 233, 234, 237, 238, or 279.
AB338,12,105
16.54
(9) (a) 1. "Agency" means an office, department, independent agency,
6institution of higher education, association, society or other body in state
7government created or authorized to be created by the constitution or any law, which
8is entitled to expend moneys appropriated by law, including the legislature and the
9courts, but not including an authority created in subch. II of ch. 114 or subch. III of
10ch. 149 or in ch.
52, 231, 233, 234, 237, 238, or 279.