AB562: Bill Text

AB562,6 Section 6. 16.301 (intro.) of the statutes, as affected by 2011 Wisconsin Act 32, section 3450m, is amended to read:

AB562,5,1 16.301 Definitions. (intro.) In this subchapter ss. 16.301 to 16.315:

Note: Corrects cross-reference. Sections 16.301 to 16.315 were renumbered from ss. 560.9801 to 560.9815, which made up an entire subchapter. Sections 16.301 to 16.315 were renumbered to be a part of subchapter I of Chapter 16 and the definitions in s. 16.301 do not apply to the entire subchapter.

AB562,7 Section 7. 16.50 (3) (b) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

AB562,5,9 16.50 (3) (b) No change in the number of full-time equivalent positions authorized through the biennial budget process or other legislative act may be made without the approval of the joint committee on finance, except for position changes made by the governor under s. 16.505 (1) (c), (2), or (2j), by the investment board under s. 16.505 (2g), or by the board of regents of the University of Wisconsin System under s. 16.505 (2m) or (2p).

Note: Inserts missing commas.

AB562,8 Section 8. The treatment of 16.505 (1) (intro.) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 16.505 (1) (intro.) reads:

(1) Except as provided in subs. (2), (2g), (2j), (2m), and (2p), no position, as defined in s. 230.03 (11), regardless of funding source or type, may be created or abolished unless authorized by one of the following:

AB562,9 Section 9. 16.70 (11m) of the statutes is repealed.

Note: Section 16.70 (11m) defines "recyclable material" in s. 16.70, but the term does not appear in s. 16.70.

AB562,10 Section 10. 16.75 (8) (a) 1. and 2. of the statutes are renumbered 16.75 (8) (am) and (bm).

Note: Section 16.75 (8) does not have multiple paragraphs as currently numbered.

AB562,11 Section 11. 16.75 (10e) (b) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB562,6,18 16.75 (10e) (b) If s. 16.855 (10s) (a) provides an applicable standard for the type of agency energy consuming equipment being purchased and the purchase will cost more than $5,000 per unit the department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74, and any authority may not purchase that type of energy consuming equipment unless the specifications for the equipment meet the applicable standards. If there is an applicable standard under s. 16.855 (10s) (a), but the energy consuming equipment meeting that standard is not reasonably available, the department, purchasing agent, agency, or authority shall ensure, for purchases over $5,000 per unit, that the energy consuming equipment that is purchased maximizes energy efficiency to the extent technically and economically feasible. The department, purchasing agent, agency, or authority shall not determine that energy consuming equipment that meets the applicable standard under s. 16.855 (10s) (a) either is not reasonably available on the basis of cost alone or is not cost-effective unless the difference in the cost of the purchase and installation of the equipment that meets the standard and the equipment that would otherwise be installed is greater than the difference in the cost of operating the equipment that meets the standard and the equipment that would otherwise be installed over the anticipated life of the equipment.

Note: Inserts correct word as indicated by drafting records for 2011 Wis. Act 32.

AB562,12 Section 12. 16.85 (1) of the statutes, as affected by 2011 Wisconsin Act 32, section 267, is amended to read:

AB562,7,11 16.85 (1) To take charge of and supervise all engineering or architectural services or construction work, as defined in s. 16.87 (1) (a), performed by, or for, the state, or any department, board, institution, commission, or officer of the state, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under ss. 13.488, 36.09, and 36.11, except work to be performed for the University of Wisconsin System with respect to a building, structure, or facility involving a cost of less than $500,000 that is funded entirely with the proceeds of gifts or grants made to the system, and except the engineering, architectural, and construction work of the department of transportation; and the engineering service performed by the department of safety and professional services, department of revenue, public service commission, department of health services, and other departments, boards, and commissions when the service is not related to the maintenance, and construction and planning, of the physical properties of the state.

Note: Text inserted by 2011 Wis. Act 32, section 266, was removed by Act 32, section 267, without being shown as stricken. Drafting records show that no change was intended. Also makes a cross-reference more specific. "Construction work" is defined in s. 16.87 (1) (a).

AB562,13 Section 13. 16.854 (2) (intro.) of the statutes is amended to read:

AB562,8,15 16.854 (2) (intro.) Subject to the requirements of s. 16.82 (7), the department may, upon request of any local professional baseball park district, if the district has entered into a lease agreement with the department under s. 16.82 (7), take charge of and supervise engineering or architectural services or construction work, as defined in s. 16.87 (1) (a), performed by, or for, the district for compensation to be agreed upon between the department and the district. In connection with such services or work, the department may furnish engineering, architectural, project management and other building construction services whenever requisitions therefor are presented to the department by the district. If the district has entered into a lease agreement with the department under s. 16.82 (7), the department may also assist the district, upon request of the district, in letting contracts for engineering, architectural or construction work authorized by law and in supervising the work done thereunder. The department may award any such contract for any combination or division of work it designates and may consider any factors in awarding a contract including price, time for completion of work and the qualifications and past performance of a contractor. In awarding contracts under this section for the construction of baseball park facilities, as defined in s. 229.65 (1), the department shall ensure that any person who is awarded a contract agrees, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 25% of the employees hired because of the contract will be minority group members and at least 5% of the employees hired because of the contract will be women. It shall also be a goal of the department to ensure that at least 25% of the aggregate dollar value of contracts awarded for the construction of such facilities in the following areas are awarded to minority businesses and at least 5% of the aggregate dollar value of contracts awarded for the construction of such facilities in the following areas are awarded to women's businesses:

Note: Makes cross-reference more specific. "Construction work" is defined in s. 16.87 (1) (a).

AB562,14 Section 14. 20.505 (1) (gr) of the statutes, as affected by 2011 Wisconsin Act 32, section 406, is amended to read:

AB562,9,2 20.505 (1) (gr) Disabled veteran-owned, woman-owned, and minority business certification fees. All moneys received from fees collected under s. 16.283 (3) (c) for the costs of certifying disabled veteran-owned businesses under s. 16.283; all moneys received from fees collected under s. 16.285 (1) (bm), for the costs of certifying woman-owned businesses under s. 6.285 16.285; and all moneys received from fees collected under s. 16.287 (2) (dm) for the costs of certifying minority businesses under s. 16.287.

Note: Corrects cross-reference. 2011 Wis. Act 32 renumbered s. 560.035 to s. 16.285, but the cross-reference in this provision was changed from s. 560.035 (1) to s. 6.285. There is no s. 6.285.

AB562,15 Section 15. The treatment of 20.923 (8) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 20.923 (8) reads:

(8) Deputies. Salaries for deputies appointed pursuant to ss. 13.94 (3) (b), 15.04 (2), 230.04 (16), and 551.601 (1) shall be set by the appointing authority. The salary shall not exceed the maximum of the salary range one range below the salary range of the executive salary group to which the department or agency head is assigned. The positions of assistant secretary of state, assistant state treasurer and associate director of the historical society shall be treated as unclassified deputies for pay purposes under this subsection. The salary of the deputy director of the office of business development in the department of administration is assigned to executive salary group 2.

AB562,16 Section 16. 23.0917 (6m) (d) of the statutes is amended to read:

AB562,9,7 23.0917 (6m) (d) The procedures under pars. par. (a) and (b) apply to any land acquisition under sub. (5m).

Note: 23.0917 (6m) (b) of the statutes was repealed by 2011 Wis. Act 32.

AB562,17 Section 17. 25.49 (intro.) and (1) of the statutes, as affected by 2011 Wisconsin Act 32, are consolidated, renumbered 25.49 and amended to read:

AB562,9,12 25.49 Economic development fund. There is established a separate nonlapsible trust fund designated as the economic development fund, to consist of: (1) The the surcharge imposed under subch. VII of ch. 77.

Note: Section 25.49 does not have multiple subsections.

AB562,18 Section 18. The treatment of 36.09 (1) (j) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-15, s. 36.09 (1) (j) reads:

(j) Except where such matters are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91, the board shall establish salaries for persons prior to July 1 of each year for the next fiscal year, and shall designate the effective dates for payment of the new salaries. In the first year of the biennium, payments of the salaries established for the preceding year shall be continued until the biennial budget bill is enacted. If the budget is enacted after July 1, payments shall be made following enactment of the budget to satisfy the obligations incurred on the effective dates, as designated by the board, for the new salaries, subject only to the appropriation of funds by the legislature and s. 20.928 (3). This paragraph does not limit the authority of the board to establish salaries for new appointments. The board may not increase the salaries of employees under this paragraph unless the salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary increase to correct salary inequities under par. (h), to fund job reclassifications or promotions, or to recognize competitive factors. The granting of salary increases to recognize competitive factors does not obligate inclusion of the annualized amount of the increases in the appropriations under s. 20.285 (1) for subsequent fiscal bienniums. No later than October 1 of each year, the board shall report to the joint committee on finance and the secretary of administration and director of the office of state employment relations concerning the amounts of any salary increases granted to recognize competitive factors, and the institutions at which they are granted, for the 12-month period ending on the preceding June 30.

AB562,19 Section 19. The treatment of 40.05 (4) (b) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 40.05 (4) (b) reads:

(b) Except as provided under pars. (bc) and (bp), accumulated unused sick leave under ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5) and subch. V of ch. 111 of any eligible employee shall, at the time of death, upon qualifying for an immediate annuity or for a lump sum payment under s. 40.25 (1) or upon termination of creditable service and qualifying as an eligible employee under s. 40.02 (25) (b) 6. or 10., be converted, at the employee's highest basic pay rate he or she received while employed by the state, to credits for payment of health insurance premiums on behalf of the employee or the employee's surviving insured dependents. Any supplemental compensation that is paid to a state employee who is classified under the state classified civil service as a teacher, teacher supervisor, or education director for the employee's completion of educational courses that have been approved by the employee's employer is considered as part of the employee's basic pay for purposes of this paragraph. The full premium for any eligible employee who is insured at the time of retirement, or for the surviving insured dependents of an eligible employee who is deceased, shall be deducted from the credits until the credits are exhausted and paid from the account under s. 40.04 (10), and then deducted from annuity payments, if the annuity is sufficient. The department shall provide for the direct payment of premiums by the insured to the insurer if the premium to be withheld exceeds the annuity payment. Upon conversion of an employee's unused sick leave to credits under this paragraph or par. (bf), the employee or, if the employee is deceased, the employee's surviving insured dependents may initiate deductions from those credits or may elect to delay initiation of deductions from those credits, but only if the employee or surviving insured dependents are covered by a comparable health insurance plan or policy during the period beginning on the date of the conversion and ending on the date on which the employee or surviving insured dependents later elect to initiate deductions from those credits. If an employee or an employee's surviving insured dependents elect to delay initiation of deductions from those credits, an employee or the employee's surviving insured dependents may only later elect to initiate deductions from those credits during the annual enrollment period under par. (be). A health insurance plan or policy is considered comparable if it provides hospital and medical benefits that are substantially equivalent to the standard health insurance plan established under s. 40.52 (1).

AB562,20 Section 20. The treatment of 40.05 (5) (b) 4. of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 40.05 (5) (b) 4. reads:

4. The accrual and crediting of sick leave shall be determined in accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5) and subch. V of ch. 111.

AB562,21 Section 21. The treatment of 40.62 (2) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 40.62 (2) reads:

(2) Sick leave accumulation shall be determined in accordance with rules of the department, any collective bargaining agreement under subch. V of ch. 111, and ss. 13.121 (4), 36.30, 49.825 (4) (d) and (5) (d), 49.826 (4) (d), 230.35 (2), 233.10, 238.04 (8), 757.02 (5) and 978.12 (3).

AB562,22 Section 22. 41.57 (5) (title) of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

Note: See the next section of this bill.

AB562,23 Section 23. 41.57 (5) (intro.), (c) and (d) of the statutes, as affected by 2011 Wisconsin Act 32, sections 1224, 1227 and 1228, are renumbered 41.57 (intro.), (1) and (2).

Note: Section 41.57, as affected by 2011 Wis. Act 32, does not have multiple subsections and sub. (5) does not have paragraphs (a) and (b). See also Section 76 and the previous section of this bill.

AB562,24 Section 24. 62.50 (13) of the statutes is amended to read:

AB562,12,7 62.50 (13) Notice of discharge or suspension; appeals. The chief discharging or suspending for a period exceeding 5 days any member of the force shall give written notice of the discharge or suspension to the member and, at the same time that the notice is given, and shall also give the member any exculpatory evidence in the chief's possession related to the discharge or suspension. The chief shall also immediately report the notice of the discharge or suspension to the secretary of the board of fire and police commissioners together with a complaint setting forth the reasons for the discharge or suspension and the name of the complainant if other than the chief. Within 10 days after the date of service of the notice of a discharge or suspension order the members so discharged or suspended may appeal from the order of discharge or suspension or discipline to the board of fire and police commissioners, by filing with the board a notice of appeal in the following or similar form:

AB562,12,8 To the honorable board of fire and police commissioners:

AB562,12,11 Please take notice that I appeal from the order or decision of the chief of the .... department, discharging (or suspending) me from service, which order of discharge (or suspension) was made on the .... day of ...., .... (year).

Note: Deletes repeated "and" and creates a title. All the other subsections in this section have titles.

AB562,25 Section 25. 66.0506 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB562,12,18 66.0506 (1) In this section, "local governmental unit" means any city, village, town, county, metropolitan sewerage district, long-term care district, transit authority under s. 59.58 (7) or 66.1039, local cultural arts district under subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state.

Note: Sections 59.58 (7) and 66.1039 were repealed by 2011 Wis. Act 32.

AB562,26 Section 26. 71.28 (1dm) (k) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB562,13,5 71.28 (1dm) (k) If a person who is entitled under s. 238.395 (3) (a) 4. or s. 560.795 (3) (a) 4., 2009 stats., to claim tax benefits or certified under s. 238.395 (5), 239.398 238.398 (3), or 238.3995 (4) or s. 560.795 (5), 2009 stats., s. 560.798 (3), 2009 stats., or s. 560.7995 (4), 2009 stats., ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.

Note: Corrects cross-reference. There is no s. 239.398. Section 238.398 (3) was renumbered from s. 560.798 (3) by 2011 Wis. Act 32.

AB562,27 Section 27. 79.043 (title) of the statutes is repealed.

Note: All provisions of s. 79.043 were renumbered or repealed by 2011 Wis. Act 32.

AB562,28 Section 28. 93.42 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 93.42.

Note: Following the repeal of s. 93.42 (3) by 2011 Wis. Act 32, this provision no longer has multiple subsections.

AB562,29 Section 29. 103.50 (2m) (b) 1. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB562,13,15 103.50 (2m) (b) 1. The laborer, worker, mechanic or truck driver is employed to go to the source of mineral aggregate such as sand, gravel or stone and deliver that mineral aggregate to the site of a project that is subject to this section by depositing the material directly in final place, from the transporting the vehicle or through spreaders from the transporting vehicle.

Note: Makes the phrase "the transporting vehicle" inserted by 2011 Wis. Act 32 consistent with the previously existing "the transporting vehicle."

AB562,30 Section 30. 111.70 (1) (j) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB562,14,4 111.70 (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, local cultural arts district created under subch. V of ch. 229, 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.

Note: Sections 59.58 (7) and 66.1039 were repealed by 2011 Wis. Act 32.

AB562,31 Section 31. 111.70 (4) (cg) 6. am. of the statutes, as created by 2011 Wisconsin Act 32, is amended to read:

AB562,15,21 111.70 (4) (cg) 6. am. Upon receipt of a petition under subd. 6. a. to initiate arbitration, the commission shall determine, with or without a formal hearing, whether arbitration should be commenced. If in determining whether an impasse exists the commission finds that the procedures under this paragraph have not been complied with and compliance would tend to result in a settlement, it may order compliance before ordering arbitration. The validity of any arbitration award or collective bargaining agreement is not affected by failure to comply with the procedures. Prior to the close of the investigation each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute that are subject to interest arbitration under this subdivision. If a party fails to submit a single, ultimate final offer, the commission shall use the last written position of the party. Such final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and is then treated as a mandatory subject. At that time, the parties shall submit to the commission a stipulation, in writing, with respect to all matters that they agree to include in the new or amended collective bargaining agreement. The commission, after determining that arbitration should be commenced, shall issue an order requiring arbitration and immediately submit to the parties a list of 7 arbitrators. The parties shall alternately strike names from the list until one name is left and that person shall be appointed arbitrator. The petitioning party shall notify the commission in writing of the identity of the arbitrator. The commission shall then formally appoint the arbitrator and submit to him or her the final offers of the parties. The final offers are public documents and the commission shall make them available. In lieu of a single arbitrator and upon request of both parties, the commission shall appoint a tripartite arbitration panel consisting of one member selected by each of the parties and a neutral person designated by the commission who shall serve as a chairperson. An arbitration panel has the same powers and duties provided in this section as any other appointed arbitrator, and all arbitration decisions by a panel shall be determined by majority vote. In lieu of selection of the arbitrator by the parties and upon request of both parties, the commission shall establish a procedure for randomly selecting names of arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators to the parties. Each party shall strike one name from the list. From the remaining 5 names, the commission shall randomly appoint an arbitrator. Unless both parties to an arbitration proceeding otherwise agree in writing, every individual whose name is submitted by the commission for appointment as an arbitrator must be a resident of this state at the time of submission and every individual who is designated as an arbitration panel chairperson must be a resident of this state at the time of designation.

Note: Inserts missing word.

AB562,32 Section 32. 111.81 (15) of the statutes is repealed.

Note: Section 111.81 (15) defines "professional employee" in subchapter V of Chapter 111, but the term does not appear in subchapter V.

AB562,33 Section 33. 111.815 (1) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

AB562,16,22 111.815 (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. To coordinate the employer position in the negotiation of agreements, the office 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 unit units specified in s. 111.825 (1r), and (1t),, 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 (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 (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.

Note: Removes unnecessary commas, adds "and" to correct grammar, and changes a singular word form to the plural for sentence agreement.

AB562,34 Section 34. 111.815 (2) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

AB562,17,8 111.815 (2) 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 unit units specified in s. 111.825 (1r), and (1t),. The director of the office shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.

Note: Removes unnecessary commas, adds "and" to correct grammar, and changes a singular word form to the plural for sentence agreement.

AB562,35 Section 35. 111.825 (3) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

AB562,17,12 111.825 (3) The commission shall assign employees to the appropriate collective bargaining units set forth in subs. (1), (1r), (1t), and (2).

Note: Inserts missing comma.

AB562,36 Section 36. 111.825 (4) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

AB562,17,22 111.825 (4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit specified in sub. (1) , (1r), (1t), or (2) in accordance with the election procedures set forth in s. 111.83, provided the petition is accompanied by a 30% showing of interest in the form of signed authorization cards. Each additional labor organization seeking to appear on the ballot shall file petitions within 60 days of the date of filing of the original petition and prove, through signed authorization cards, that at least 10% of the employees in the collective bargaining unit want it to be their representative.

Note: Inserts missing comma.

AB562,37 Section 37. 111.83 (7) (b) of the statutes, as created by 2011 Wisconsin Act 32, is renumbered 111.83 (7).