SB233: Bill Text

LRB-3060/1

CMH:wlj:ph

2011 - 2012 LEGISLATURE

2011 Senate BILL 233

October 12, 2011 - Introduced by Senators Risser, Carpenter, S. Coggs, Erpenbach, Hansen, Holperin, Jauch, King, C. Larson, Lassa, Miller, Shilling, Taylor, Vinehout, Wirch and T. Cullen, cosponsored 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. Referred to Committee on Labor, Public Safety, and Urban Affairs.

SB233,3,19 An Act to repeal 20.865 (1) (cm), 20.865 (1) (im), 20.865 (1) (sm), 40.51 (7) (b), 59.875 (2) (b), 62.623 (2), 66.0506, 66.0508, 66.0509 (1m), 73.03 (68), 111.70 (1) (cm), 111.70 (1) (fm), 111.70 (1) (mm), 111.70 (1) (p), 111.70 (3) (a) 7m., 111.70 (3) (b) 6m., 111.70 (3g), 111.70 (4) (bm), 111.70 (4) (cg), 111.70 (4) (d) 3. b., 111.70 (4) (mb), 111.70 (4) (mbb), 111.70 (4) (mc) 5. and 6., 111.71 (4m), 111.71 (5m), 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 (2) (fm), 111.91 (3), 111.91 (3q), 111.92 (3) (b), 111.93 (3) (b), 118.223, 118.245 and 120.12 (4m); to renumber 111.825 (6) (a) and 111.83 (3) (a); to renumber and amend 40.51 (7) (a), 59.875 (2) (a), 62.623 (1), 111.02 (7) (a), 111.115 (1), 111.17, 111.70 (4) (c) 1., 111.70 (4) (mc) (intro.), 111.92 (3) (a), 111.965, 111.999 and 111.9991 (1); to consolidate, renumber and amend 111.70 (4) (d) 3. a. and c. and 111.93 (3) (intro.) and (a); to amend 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 (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., 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) (p), 111.70 (7m) (c) 1. a., 111.70 (8) (a), 111.71 (2), 111.77 (intro.), 111.77 (8) (a), 111.77 (9), 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), 111.98 (2) (a), 111.997 (intro.) and (1), 111.998 (1) (b), 111.998 (1) (c), 111.998 (1) (d), 111.998 (1) (e), 111.998 (1) (f), 111.998 (2) (intro.), 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), 904.085 (2) (a) and 978.12 (1) (c); to repeal and recreate 16.705 (3) (intro.), 36.09 (1) (j), 40.05 (1) (b), 40.05 (4) (ag), 40.05 (4) (b), 111.815 (1), 111.815 (2), 111.825 (3) and 111.825 (4); to create 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) (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), 111.905, 111.91 (1) (cg), 111.91 (1) (e), 111.91 (2c), 111.92 (2m), subchapter VI of chapter 111 [precedes 111.95], 111.965 (2m), 111.999 (2), 111.9991 (1) (b), 118.22 (4), 118.23 (5) and 233.02 (1) (h) of the statutes; and to affect 2011 Wisconsin Act 10, section 9132 and 2011 Wisconsin Act 10, section 9155; relating to: collective bargaining for public employees, granting rule-making authority, 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:

SB233, s. 1 Section 1. 7.33 (1) (c) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,4,5 7.33 (1) (c) "State agency" has the meaning given under s. 20.001 (1) and includes an authority created under subch. II of ch. 114 or ch. 52, 231, 232, 233, 234, or 237.

SB233, s. 2 Section 2. 7.33 (4) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,5,12 7.33 (4) Except as otherwise provided in this subsection, each local governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon proper application under sub. (3), permit each of its employees to serve as an election official under s. 7.30 without loss of fringe benefits or seniority privileges earned for scheduled working hours during the period specified in sub. (3), without loss of pay for scheduled working hours during the period specified in sub. (3) except as provided in sub. (5), and without any other penalty. 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.

SB233, s. 3 Section 3. 13.111 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,5,17 13.111 (2) Duties. The joint committee on employment relations shall perform the functions assigned to it under subch. subchs. V and VI of ch. 111, subch. II of ch. 230 and ss. 16.53 (1) (d) 1., 20.916, 20.917, and 20.923.

SB233, s. 4 Section 4. 13.172 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,5,25 13.172 (1) In this section, "agency" means an 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, 238, or 279.

SB233, s. 5 Section 5. 13.48 (13) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,6,15 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

SB233, s. 6 Section 6. 13.62 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,6,22 13.62 (2) "Agency" means any board, commission, department, office, society, institution of higher education, council, or committee in the state government, or any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232, 233, 234, 237, 238, or 279, except that the term does not include a council or committee of the legislature.

SB233, s. 7 Section 7. 13.94 (4) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,7,17 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Wisconsin Quality Home Care Authority, the Fox River Navigational System Authority, the Lower Fox River Remediation Authority, the Wisconsin Aerospace Authority, and the Wisconsin Economic Development Corporation, a professional baseball park district, a local professional football stadium district, a local cultural arts district and a long-term care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

SB233, s. 8 Section 8. 13.95 (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,8,8 13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.

SB233, s. 9 Section 9. 16.002 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,8,15 16.002 (2) "Departments" means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279.

SB233, s. 10 Section 10. 16.004 (4) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,8,23 16.004 (4) Freedom of access. The secretary and such employees of the department as the secretary designates may enter into the offices of state agencies and authorities created under subch. II of ch. 114 and subch. III of ch. 149 and under chs. 52, 231, 233, 234, 237, 238, and 279, and may examine their books and accounts and any other matter that in the secretary's judgment should be examined and may interrogate the agency's employees publicly or privately relative thereto.

SB233, s. 11 Section 11. 16.004 (5) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,9,5 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. II of ch. 114 and subch. III of ch. 149 and under chs. 52, 231, 233, 234, 237, 238, and 279, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.

SB233, s. 12 Section 12. 16.004 (12) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,9,16 16.004 (12) (a) In this subsection, "state agency" means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

SB233, s. 13 Section 13. 16.045 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,9,24 16.045 (1) (a) "Agency" means an office, department, independent 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279.

SB233, s. 14 Section 14. 16.15 (1) (ab) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,10,7 16.15 (1) (ab) "Authority" has the meaning given under s. 16.70 (2), but excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Health Insurance Risk-Sharing Plan Authority.

SB233, s. 15 Section 15. 16.41 (4) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,10,11 16.41 (4) In this section, "authority" means a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 233, 234, 237, 238, or 279.

SB233, s. 16 Section 16. 16.417 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,10,15 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279.

SB233, s. 17 Section 17. 16.50 (3) (e) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,10,20 16.50 (3) (e) No pay increase may be approved unless it is at the rate or within the pay ranges prescribed in the compensation plan or as provided in a collective bargaining agreement under subch. V or VI of ch. 111.

SB233, s. 18 Section 18. 16.52 (7) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,11,7 16.52 (7) Petty cash account. With the approval of the secretary, each agency that is authorized to maintain a contingent fund under s. 20.920 may establish a petty cash account from its contingent fund. The procedure for operation and maintenance of petty cash accounts and the character of expenditures therefrom shall be prescribed by the secretary. In this subsection, "agency" means an office, department, independent 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, 237, 238, or 279.

SB233, s. 19 Section 19. 16.528 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read: