SB233: Bill Text

SB233,137,10 (1) Carry out the statutory mandate and goals assigned to the board or to the University of Wisconsin-Madison by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

SB233, s. 247 Section 247. 111.998 (1) (b) of the statutes, as created by 2011 Wisconsin Act .... (this act), is amended to read:

SB233,137,18 111.998 (1) (b) The With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to (i) or (jk) to (r), the board and, with respect to a collective bargaining unit specified in s. 111.98 (1) (a) or (j), the University of Wisconsin-Madison is not required to bargain on management rights under s. 111.997, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action in s. 111.997 (2) is a subject of bargaining.

SB233, s. 248 Section 248. 111.998 (1) (c) of the statutes, as created by 2011 Wisconsin Act .... (this act), is amended to read:

SB233,137,22 111.998 (1) (c) The board is and the University of Wisconsin-Madison are prohibited from bargaining on matters contained in sub. (2).

SB233, s. 249 Section 249. 111.998 (1) (d) of the statutes, as created by 2011 Wisconsin Act .... (this act), is amended to read:

SB233,138,6 111.998 (1) (d) Except as provided in sub. (2) and ss. 40.02 (22) (e) and 40.23 (1) (f) 4., all laws governing the Wisconsin Retirement System under ch. 40 and all actions of the board and of the University of Wisconsin-Madison that are authorized under any such law which apply to nonrepresented individuals employed by the state shall apply to similarly situated employees, unless otherwise specifically provided in a collective bargaining agreement that applies to those employees.

SB233, s. 250 Section 250. 111.998 (1) (e) of the statutes, as created by 2011 Wisconsin Act .... (this act), is amended to read:

SB233,138,11 111.998 (1) (e) Demands relating to retirement and group insurance shall be submitted to the board or to the University of Wisconsin-Madison, whichever is appropriate, at least one year prior to commencement of negotiations.

SB233, s. 251 Section 251. 111.998 (1) (f) of the statutes, as created by 2011 Wisconsin Act .... (this act), is amended to read:

SB233,138,16 111.998 (1) (f) The Neither the board nor the University of Wisconsin-Madison is not required to bargain on matters related to employee occupancy of houses or other lodging provided by the state.

SB233, s. 252 Section 252. 111.998 (2) (intro.) of the statutes, as created by 2011 Wisconsin Act .... (this act), is amended to read:

SB233,138,20 111.998 (2) (intro.) The board is and the University of Wisconsin-Madison are prohibited from bargaining on:

SB233, s. 253 Section 253. 111.999 of the statutes, as created by 2011 Wisconsin Act .... (this act), is renumbered 111.999 (1) and amended to read:.

SB233,139,4 111.999 (1) The With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to (i) or (jk) to (r), the board shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization by the state or to be agreed to by the state before such proposal is actually offered or accepted.

SB233, s. 254 Section 254. 111.999 (2) of the statutes is created to read:

SB233,139,12 111.999 (2) With respect to a collective bargaining unit specified in s. 111.98 (1) (a) or (j), the University of Wisconsin-Madison shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization or to be agreed to before such proposal is actually offered or accepted.

SB233, s. 255 Section 255. 111.9991 (1) of the statutes, as created by 2011 Wisconsin Act .... (this act), is renumbered 111.9991 (1) (a) and amended to read:

SB233,139,20 111.9991 (1) (a) Any tentative agreement reached between the board, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.98 (1) (b) to (i) or (jk) to (r) shall, after official ratification by the labor organization, be submitted by the board to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

SB233,140,12 (c) If the committee approves the a tentative agreement under par. (a) or (b), it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions, or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b), and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and that recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.

SB233, s. 256 Section 256. 111.9991 (1) (b) of the statutes is created to read:

SB233,140,19 111.9991 (1) (b) Any tentative agreement reached between the University of Wisconsin-Madison, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.98 (1) (a) or (j) shall, after official ratification by the labor organization, be submitted by the University of Wisconsin-Madison to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

SB233, s. 257 Section 257. 118.22 (4) of the statutes is created to read:

SB233,140,24 118.22 (4) A collective bargaining agreement may modify, waive, or replace any of the provisions of this section as they apply to teachers in the collective bargaining unit, but neither the employer nor the bargaining agent for the employees is required to bargain such modification, waiver, or replacement.

SB233, s. 258 Section 258. 118.223 of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

SB233, s. 259 Section 259. 118.23 (5) of the statutes is created to read:

SB233,141,7 118.23 (5) A collective bargaining agreement may modify, waive, or replace any of the provisions of this section as they apply to teachers in the collective bargaining unit, but neither the employer nor the bargaining agent for the employees is required to bargain such modification, waiver, or replacement.

SB233, s. 260 Section 260. 118.245 of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

SB233, s. 261 Section 261. 118.40 (2r) (b) 3. a. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,141,18 118.40 (2r) (b) 3. a. Delegate to the governing board of the charter school the board of regents' authority to establish and adjust all compensation and fringe benefits of instructional staff, subject to the terms of any collective bargaining agreement under subch. V of ch. 111 that covers the instructional staff. In the absence of a collective bargaining agreement, the governing board may establish and adjust all compensation and fringe benefits of the instructional staff only with the approval of the chancellor of the University of Wisconsin-Parkside.

SB233, s. 262 Section 262. 118.42 (3) (a) 4. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,141,22 118.42 (3) (a) 4. Implement changes in administrative and personnel structures that are consistent with applicable collective bargaining agreements.

SB233, s. 263 Section 263. 118.42 (5) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,142,3 118.42 (5) Nothing in this section alters or otherwise affects the rights or remedies afforded school districts and school district employees under federal or state law or under the terms of any applicable collective bargaining agreement.

SB233, s. 264 Section 264. 119.04 (1) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

SB233,142,14 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.365 (3), 115.38 (2), 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.

SB233, s. 265 Section 265. 120.12 (4m) of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

SB233, s. 266 Section 266. 120.12 (15) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,142,25 120.12 (15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. The equivalent of 180 such days, as defined in s. 115.01 (10), shall be held during the school term. This subsection does not eliminate a school district's duty to bargain with the employee's collective bargaining representative over any calendaring proposal that is primarily related to wages, hours, or conditions of employment.

SB233, s. 267 Section 267. 120.18 (1) (gm) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,143,19 120.18 (1) (gm) Payroll and related benefit costs for all school district employees in the previous school year. Payroll costs Costs for represented employees shall be based upon the costs of wages of any collective bargaining agreements covering such employees for the previous school year. If, as of the time specified by the department for filing the report, the school district has not entered into a collective bargaining agreement for any portion of the previous school year with the recognized or certified representative of any of its employees and the school district and the representative have been required to submit final offers under s. 111.70 (4) (cm) 6., increased costs of wages limited to the lower of the school district's offer or the representative's offer shall be reflected in the report shall be equal to the maximum wage expenditure that is subject to collective bargaining under s. 111.70 (4) (mb) 2. for the employees. The school district shall amend the annual report to reflect any change in such costs as a result of any collective bargaining agreement entered into award or settlement under s. 111.70 (4) (cm) 6. between the date of filing the report and October 1. Any such amendment shall be concurred in by the certified public accountant licensed or certified under ch. 442 certifying the school district audit.

SB233, s. 268 Section 268. 230.01 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,143,23 230.01 (3) Nothing in this chapter shall be construed to either infringe upon or supersede the rights guaranteed state employees under subch. V or VI of ch. 111.

SB233, s. 269 Section 269. 230.03 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,144,10 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

SB233, s. 270 Section 270. 230.046 (10) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,144,14 230.046 (10) (a) Conduct off-the-job employee development and training programs relating to functions under this chapter or subch. V or VI of ch. 111.

SB233, s. 271 Section 271. 230.10 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,144,23 230.10 (1) Except as provided under sub. (2), the compensation plan provisions of s. 230.12 apply to all employees of the classified service. If an employee is covered under a collective bargaining agreement under subch. V of ch. 111, the compensation plan provisions of s. 230.12 apply to that employee, except for those provisions relating to matters that are subject to bargaining under a collective bargaining agreement that covers the employee, unless they are covered by a collective bargaining agreement under subch. V of ch. 111.

SB233, s. 272 Section 272. 230.12 (3) (e) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,145,24 230.12 (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.

SB233, s. 273 Section 273. 230.34 (1) (ar) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,146,11 230.34 (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 provisions of the collective bargaining agreement govern just cause and all aspects of the appeal procedure.

SB233, s. 274 Section 274. 230.35 (1s) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,146,20 230.35 (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.

SB233, s. 275 Section 275. 230.35 (2d) (e) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,147,2 230.35 (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.

SB233, s. 276 Section 276. 230.35 (3) (e) 6. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,147,8 230.35 (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.

SB233, s. 277 Section 277. 230.88 (2) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,147,19 230.88 (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.

SB233, s. 278 Section 278. 233.02 (1) (h) of the statutes is created to read:

SB233,148,2 233.02 (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).

SB233, s. 279 Section 279. 233.02 (8) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,148,13 233.02 (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.

SB233, s. 280 Section 280. 233.03 (7) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,148,21 233.03 (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.

SB233, s. 281 Section 281. 233.10 (2) (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,149,2 233.10 (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:

SB233, s. 282 Section 282. 281.75 (4) (b) 3. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,149,6 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 52, 231, 233, 234, 237, or 238.

SB233, s. 283 Section 283. 285.59 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,149,18 285.59 (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.

SB233, s. 284 Section 284. 704.31 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,149,23 704.31 (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.

SB233, s. 285 Section 285. 851.71 (4) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,150,5 851.71 (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.

SB233, s. 286 Section 286. 904.085 (2) (a) of the statutes is amended to read:

SB233,150,12 904.085 (2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation under s. 111.54, mediation under s. 111.11, 111.70 (4) (cg) or (cm) 3. or 111.87, mediation under s. 115.797, negotiation under s. 289.33 (9), mediation under ch. 655 or s. 767.405, or any similar statutory, contractual or court-referred process facilitating the voluntary resolution of disputes. "Mediation" does not include binding arbitration or appraisal.

SB233, s. 287 Section 287. 978.12 (1) (c) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,150,23 978.12 (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.

SB233, s. 288 Section 288. 2011 Wisconsin Act 10, section 9132 is repealed.

SB233, s. 289 Section 289. 2011 Wisconsin Act 10, section 9155 is repealed.

SB233, s. 290 Section 290. Initial applicability.

SB233,151,5 (1) This act first applies to an employee who is covered by a collective bargaining agreement under subchapter I, IV, or V 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.

SB233, s. 291 Section 291. Effective dates. This act takes effect on the day after publication, except as follows:

SB233,151,14 (1) The repeal of section 20.865 (1) (cm), (im), and (sm) of the statutes, the renumbering and amendment of sections 111.965, 111.999, and 111.9991 (1) of the statutes, the amendment of sections 111.98 (2) (a), 111.997 (intro.) and (1), and 111.998 (1) (b), (c), (d), (e), and (f) and (2) (intro.) of the statutes, the repeal and recreation of sections 16.705 (3) (intro.), 36.09 (1) (j), 111.815 (1) and (2), and 111.825 (3) and (4) of the statutes, and the creation of sections 111.965 (2m), 111.999 (2), and 111.9991 (1) (b) of the statutes take effect on July 1, 2013.

SB233,151,15 (End)