LRB-4183/1
CMH/RAC/TJD:ahe
2015 - 2016 LEGISLATURE
February 9, 2016 - Introduced by Representatives C. Taylor, Barca, Barnes,
Berceau, Billings, Bowen, Brostoff, Considine, Danou, Genrich, Goyke,
Hebl, Hesselbein, Hintz, Johnson, Jorgensen, Kahl, Kessler, Kolste,
Mason, Meyers, Milroy, Ohnstad, Pope, Riemer, Sargent, Shankland,
Sinicki, Spreitzer, Stuck, Subeck, Wachs, Young, Zamarripa and Zepnick,
cosponsored by Senators Risser, Bewley, Carpenter, Erpenbach, Hansen,
Harris Dodd, C. Larson, Lassa, Miller, Ringhand, Shilling, L. Taylor,
Vinehout and Wirch. Referred to Committee on State Affairs and
Government Operations.
AB900,3,13
1An Act to repeal 40.51 (7) (b), 59.875 (2) (b), 62.623 (2), 66.0506, 66.0508,
266.0509 (1m), 73.03 (68), 111.70 (1) (cm), 111.70 (1) (fm), 111.70 (3) (a) 7m.,
3111.70 (3) (b) 6m., 111.70 (3g), 111.70 (4) (cg), 111.70 (4) (d) 3. b., 111.70 (4) (mb),
4111.70 (4) (mbb), 111.71 (4m), 111.71 (5m), 111.81 (3n), 111.81 (9g), 111.825 (1)
5(g), 111.825 (6) (b), 111.83 (3) (b), 111.845, 111.91 (3), 111.91 (3q), 111.92 (3) (b),
6111.93 (3) (b), 118.223, 118.245 and 120.12 (4m);
to renumber 111.70 (7m) (a),
7111.825 (6) (a) and 111.83 (3) (a);
to renumber and amend 40.51 (7) (a), 59.875
8(2) (a), 62.623 (1), 111.02 (7) (a), 111.115 (1), 111.17, 111.70 (4) (c) 1., 111.70 (4)
9(cm) 1., 111.815 (1) and 111.92 (3) (a);
to consolidate, renumber and amend
10111.70 (4) (d) 3. a. and c. and 111.93 (3) (intro.) and (a);
to amend 7.33 (1) (c),
117.33 (4), 13.111 (2), 13.172 (1), 13.48 (13) (a), 13.62 (2), 13.94 (4) (a) 1., 13.95
12(intro.), 16.002 (2), 16.004 (4), 16.004 (5), 16.004 (12) (a), 16.045 (1) (a), 16.15
13(1) (ab), 16.41 (4), 16.417 (1) (b), 16.50 (3) (e), 16.52 (7), 16.528 (1) (a), 16.53 (2),
1416.54 (9) (a) 1., 16.70 (2), 16.765 (1), 16.765 (2), 16.765 (4), 16.765 (5), 16.765 (6),
116.765 (7) (intro.), 16.765 (7) (d), 16.765 (8), 16.85 (2), 16.865 (8), 19.82 (1), 19.85
2(3), 19.86, 20.425 (1) (a), 20.425 (1) (i), 20.505 (1) (ks), 20.505 (1) (kz), 20.917 (3)
3(b), 20.921 (1) (a) 2., 20.923 (6) (intro.), 36.09 (1) (j), 40.02 (25) (b) 8., 40.05 (4)
4(ag) (intro.), 40.05 (4) (b), 40.05 (4) (bw), 40.05 (4g) (a) 4., 40.05 (5) (intro.), 40.05
5(5) (b) 4., 40.05 (6) (a), 40.62 (2), 40.80 (3), 40.81 (3), 40.95 (1) (a) 2., 46.2895 (8)
6(a) 1., 71.26 (1) (be), 77.54 (9a) (a), 100.45 (1) (dm), 109.03 (1) (b), 111.02 (2),
7111.02 (3), 111.02 (7) (b) 1., 111.05 (2), 111.06 (1) (d), 111.06 (2) (i), 111.115 (title),
8111.70 (1) (a), 111.70 (1) (f), 111.70 (1) (j), 111.70 (1) (n), 111.70 (2), 111.70 (3) (a)
93., 111.70 (3) (a) 5., 111.70 (3) (a) 6., 111.70 (3) (a) 9., 111.70 (4) (c) (title), 111.70
10(4) (c) 2., 111.70 (4) (c) 3. (intro.), 111.70 (4) (cm) (title), 111.70 (4) (cm) 2., 3. and
114., 111.70 (4) (cm) 8m., 111.70 (4) (d) 1., 111.70 (4) (d) 2. a., 111.70 (4) (L), 111.70
12(4) (mc) (intro.) and 5., 111.70 (4) (mc) 6., 111.70 (4) (p), 111.70 (7m) (c) 1. a.,
13111.70 (8) (a), 111.71 (2), 111.77 (intro.), 111.77 (8) (a), 111.77 (9), 111.81 (1),
14111.81 (9), 111.81 (12) (intro.), 111.81 (12m), 111.81 (16), 111.815 (2), 111.82,
15111.825 (3), 111.825 (4), 111.825 (5), 111.83 (1), 111.83 (4), 111.83 (5) (d), (e) and
16(f), 111.84 (1) (b), 111.84 (1) (d), 111.84 (1) (f), 111.84 (2) (c), 111.84 (3), 111.85 (1),
17(2) and (4), 111.91 (1) (a), 111.91 (1) (b), 111.91 (1) (c), 111.91 (1) (cm), 111.91 (1)
18(d), 111.91 (2) (intro.), 111.91 (2) (fm), 111.91 (2) (gu), 111.92 (1) (a) 1., 118.42 (3)
19(a) 4., 118.42 (5), 119.04 (1), 120.12 (15), 120.18 (1) (gm), 230.01 (3), 230.03 (3),
20230.046 (10) (a), 230.10 (1), 230.12 (3) (e) 1., 230.34 (1) (ar), 230.35 (1s), 230.35
21(2d) (e), 230.35 (3) (e) 6., 230.88 (2) (b), 233.02 (8), 233.03 (7), 233.10 (2) (intro.),
22281.75 (4) (b) 3., 285.59 (1) (b), 704.31 (3), 851.71 (4), 904.085 (2) (a) and 978.12
23(1) (c);
to repeal and recreate 40.05 (1) (b); and
to create 16.705 (3), 19.42 (10)
24(s), 19.42 (13) (o), 46.284 (4) (m), 46.2898, 46.48 (9m), 49.825 (3) (b) 4., 49.826
25(3) (b) 4., chapter 52, 70.11 (41s), 111.02 (6) (am), 111.02 (7) (a) 2., 3. and 4.,
1111.05 (5), 111.05 (6), 111.05 (7), 111.06 (1) (m), 111.115 (1) (a), 111.115 (2), 111.17
2(2), 111.70 (1g), 111.70 (3) (a) 7., 111.70 (3) (b) 6., 111.70 (3m), 111.70 (3p), 111.70
3(4) (c) 1g., 111.70 (4) (cm) 1g., 111.70 (4) (cm) 5., 111.70 (4) (cm) 6., 111.70 (4) (cm)
47., 111.70 (4) (cm) 7g., 111.70 (4) (cm) 7r., 111.70 (4) (cm) 8., 111.70 (4) (m), 111.70
5(4) (mc) 3., 111.70 (4) (n), 111.70 (7), 111.70 (7m) (ag), 111.70 (7m) (b), 111.70 (7m)
6(c) 3., 111.70 (7m) (e), 111.71 (4), 111.71 (5), 111.80, 111.81 (3h), 111.81 (7) (g),
7111.81 (9k), 111.815 (1) (b) 5., 111.825 (2g), 111.83 (5m), 111.905, 111.91 (1) (cg),
8111.91 (1) (e), 111.91 (2) (fp), 111.91 (2c), 111.92 (2m), subchapter VI of chapter
9111 [precedes 111.95], 118.22 (4), 118.23 (5) and 233.02 (1) (h) of the statutes;
10relating to: collective bargaining for public employees, prohibiting employees
11other than public safety employees from bargaining collectively on insurance
12contributions and employee required contributions to retirement, granting
13rule-making authority, and making appropriations.
Analysis by the Legislative Reference Bureau
Under this bill, all municipal employees may collectively bargain over wages,
hours, and conditions of employment under the Municipal Employment Relations
Act (MERA) and all state employees may collectively bargain over wages, hours, and
conditions of employment under the State Employment Labor Relations Act
(SELRA). This bill also permits University of Wisconsin (UW) System employees to
collectively bargain over wages, hours, and conditions of employment similar to
employees covered by SELRA. In addition, this bill permits employees of the UW
Hospitals and Clinics Authority and certain home care and child care providers to
collectively bargain over wages, hours, and conditions of employment.
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:
AB900,1
14Section
1. 7.33 (1) (c) of the statutes is amended to read:
AB900,4,3
17.33
(1) (c) "State agency" has the meaning given under s. 20.001 (1) and
2includes an authority created under subch. II of ch. 114 or ch.
52, 231, 232, 233, 234,
3or 237.
AB900,2
4Section
2. 7.33 (4) of the statutes is amended to read:
AB900,4,145
7.33
(4) Except as otherwise provided in this subsection, each local
6governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon
7proper application under sub. (3), permit each of its employees to serve as an election
8official under s. 7.30 without loss of fringe benefits or seniority privileges earned for
9scheduled working hours during the period specified in sub. (3), without loss of pay
10for scheduled working hours during the period specified in sub. (3) except as provided
11in sub. (5), and without any other penalty. For employees who are included in a
12collective bargaining unit for which a representative is recognized or certified under
13subch. V
or VI of ch. 111, this subsection shall apply unless otherwise provided in a
14collective bargaining agreement.
AB900,3
15Section
3. 13.111 (2) of the statutes is amended to read:
AB900,4,1816
13.111
(2) Duties. The joint committee on employment relations shall perform
17the functions assigned to it under
subch. subchs. V
and VI of ch. 111, subch. II of ch.
18230
, and ss. 16.53 (1) (d) 1., 20.916, 20.917,
and 20.923
, and 40.05 (1) (b).
AB900,4
19Section
4. 13.172 (1) of the statutes is amended to read:
AB900,4,2520
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 in ch.
52, 231, 233, 234,
25238, or 279.
AB900,5
1Section
5. 13.48 (13) (a) of the statutes is amended to read:
AB900,5,142
13.48
(13) (a) Except as provided in par. (b) or (c), every building, structure
, or
3facility that is constructed for the benefit of or use of the state, any state agency,
4board, commission
, or department, the University of Wisconsin Hospitals and
5Clinics Authority, the Fox River Navigational System Authority,
the Wisconsin
6Quality Home Care Authority, the Wisconsin Economic Development Corporation,
7or any local professional baseball park district created under subch. III of ch. 229 if
8the construction is undertaken by the department of administration on behalf of the
9district, shall be in compliance with all applicable state laws, rules, codes
, and
10regulations but the construction is not subject to the ordinances or regulations of the
11municipality in which the construction takes place except zoning, including without
12limitation because of enumeration ordinances or regulations relating to materials
13used, permits, supervision of construction or installation, payment of permit fees, or
14other restrictions.
AB900,6
15Section
6. 13.62 (2) of the statutes is amended to read:
AB900,5,1916
13.62
(2) "Agency" means any board, commission, department, office, society,
17institution of higher education, council, or committee in the state government, or any
18authority created in subch. II of ch. 114 or in ch.
52, 231, 232, 233, 234, 237, 238, or
19279, except that the term does not include a council or committee of the legislature.
AB900,7
20Section
7. 13.94 (4) (a) 1. of the statutes is amended to read:
AB900,6,1221
13.94
(4) (a) 1. Every state department, board, examining board, affiliated
22credentialing board, commission, independent agency, council
, or office in the
23executive branch of state government; all bodies created by the legislature in the
24legislative or judicial branch of state government; any public body corporate and
25politic created by the legislature including specifically
the Wisconsin Quality Home
1Care Authority, the Fox River Navigational System Authority, the Lower Fox River
2Remediation Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic
3Development Corporation, a professional baseball park district, a local professional
4football stadium district, a local cultural arts district
, and a long-term care district
5under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every
6provider of medical assistance under subch. IV of ch. 49; technical college district
7boards; every county department under s. 51.42 or 51.437; every nonprofit
8corporation or cooperative or unincorporated cooperative association to which
9moneys are specifically appropriated by state law; and every corporation, institution,
10association
, or other organization which receives more than
50% 50 percent of its
11annual budget from appropriations made by state law, including subgrantee or
12subcontractor recipients of such funds.
AB900,8
13Section
8. 13.95 (intro.) of the statutes is amended to read:
AB900,7,2
1413.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
15known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau
16shall be strictly nonpartisan and shall at all times observe the confidential nature
17of the research requests received by it; however, with the prior approval of the
18requester in each instance, the bureau may duplicate the results of its research for
19distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
20designated employees shall at all times, with or without notice, have access to all
21state agencies, the University of Wisconsin Hospitals and Clinics Authority, the
22Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
23Wisconsin Quality Home Care Authority, the Wisconsin Economic Development
24Corporation, and the Fox River Navigational System Authority, and to any books,
1records, or other documents maintained by such agencies or authorities and relating
2to their expenditures, revenues, operations, and structure.
AB900,9
3Section
9. 16.002 (2) of the statutes is amended to read:
AB900,7,84
16.002
(2) "Departments" means constitutional offices, departments, and
5independent agencies and includes all societies, associations, and other agencies of
6state government for which appropriations are made by law, but not including
7authorities created in subch. II of ch. 114 or in ch.
52, 231, 232, 233, 234, 237, 238,
8or 279.
AB900,10
9Section
10. 16.004 (4) of the statutes is amended to read:
AB900,7,1510
16.004
(4) Freedom of access. The secretary and such employees of the
11department as the secretary designates may enter into the offices of state agencies
12and authorities created under subch. II of ch. 114 and under chs.
52, 231, 233, 234,
13237, 238, and 279, and may examine their books and accounts and any other matter
14that in the secretary's judgment should be examined and may interrogate the
15agency's employees publicly or privately relative thereto.
AB900,11
16Section
11. 16.004 (5) of the statutes is amended to read:
AB900,7,2017
16.004
(5) Agencies and employees to cooperate. All state agencies and
18authorities created under subch. II of ch. 114 and under chs.
52, 231, 233, 234, 237,
19238, and 279, and their officers and employees, shall cooperate with the secretary
20and shall comply with every request of the secretary relating to his or her functions.
AB900,12
21Section
12. 16.004 (12) (a) of the statutes is amended to read:
AB900,8,422
16.004
(12) (a) In this subsection, "state agency" means an association,
23authority, board, department, commission, independent agency, institution, office,
24society, or other body in state government created or authorized to be created by the
25constitution or any law, including the legislature, the office of the governor, and the
1courts, but excluding the University of Wisconsin Hospitals and Clinics Authority,
2the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
3Wisconsin Quality Home Care Authority, the Wisconsin Economic Development
4Corporation, and the Fox River Navigational System Authority.
AB900,8,127
16.045
(1) (a) "Agency" means an office, department, independent agency,
8institution of higher education, association, society, or other body in state
9government created or authorized to be created by the constitution or any law, that
10is entitled to expend moneys appropriated by law, including the legislature and the
11courts, but not including an authority created in subch. II of ch. 114 or in ch.
52, 231,
12232, 233, 234, 237, 238, or 279.
AB900,14
13Section
14. 16.15 (1) (ab) of the statutes is amended to read:
AB900,8,1714
16.15
(1) (ab) "Authority" has the meaning given under s. 16.70 (2), but
15excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
16River Remediation Authority,
the Wisconsin Quality Home Care Authority, and the
17Wisconsin Economic Development Corporation.
AB900,15
18Section
15. 16.41 (4) of the statutes is amended to read:
AB900,8,2019
16.41
(4) In this section, "authority" means a body created under subch. II of
20ch. 114 or under ch.
52, 231, 233, 234, 237, 238, or 279.
AB900,16
21Section
16. 16.417 (1) (b) of the statutes is amended to read:
AB900,8,2322
16.417
(1) (b) "Authority" means a body created under subch. II of ch. 114 or
23ch.
52, 231, 232, 233, 234, 237, 238, or 279.
AB900,17
24Section
17. 16.50 (3) (e) of the statutes is amended to read:
AB900,9,3
116.50
(3) (e) No pay increase may be approved unless it is at the rate or within
2the pay ranges prescribed in the compensation plan or as provided in a collective
3bargaining agreement under subch. V
or VI of ch. 111.
AB900,18
4Section
18. 16.52 (7) of the statutes is amended to read:
AB900,9,145
16.52
(7) Petty cash account. With the approval of the secretary, each agency
6that is authorized to maintain a contingent fund under s. 20.920 may establish a
7petty cash account from its contingent fund. The procedure for operation and
8maintenance of petty cash accounts and the character of expenditures therefrom
9shall be prescribed by the secretary. In this subsection, "agency" means an office,
10department, independent agency, institution of higher education, association,
11society, or other body in state government created or authorized to be created by the
12constitution or any law, that is entitled to expend moneys appropriated by law,
13including the legislature and the courts, but not including an authority created in
14subch. II of ch. 114 or in ch.
52, 231, 233, 234, 237, 238, or 279.
AB900,19
15Section
19. 16.528 (1) (a) of the statutes is amended to read:
AB900,9,2116
16.528
(1) (a) "Agency" means an office, department, independent agency,
17institution of higher education, association, society, or other body in state
18government created or authorized to be created by the constitution or any law, that
19is entitled to expend moneys appropriated by law, including the legislature and the
20courts, but not including an authority created in subch. II of ch. 114 or in ch.
52, 231,
21233, 234, 237, 238, or 279.
AB900,20
22Section
20. 16.53 (2) of the statutes is amended to read:
AB900,9,2523
16.53
(2) Improper invoices. If an agency receives an improperly completed
24invoice, the agency shall notify the sender of the invoice within 10 working days after
25it receives the invoice of the reason it is improperly completed. In this subsection,
1"agency" means an office, department, independent agency, institution of higher
2education, association, society, or other body in state government created or
3authorized to be created by the constitution or any law, that is entitled to expend
4moneys appropriated by law, including the legislature and the courts, but not
5including an authority created in subch. II of ch. 114 or in ch.
52, 231, 233, 234, 237,
6238, or 279.
AB900,21
7Section
21. 16.54 (9) (a) 1. of the statutes is amended to read:
AB900,10,138
16.54
(9) (a) 1. "Agency" means an office, department, independent agency,
9institution of higher education, association, society
, or other body in state
10government created or authorized to be created by the constitution or any law, which
11is entitled to expend moneys appropriated by law, including the legislature and the
12courts, but not including an authority created in subch. II of ch. 114 or in ch.
52, 231,
13233, 234, 237, 238, or 279.
AB900,22
14Section
22. 16.70 (2) of the statutes is amended to read:
AB900,10,1615
16.70
(2) "Authority" means a body created under subch. II of ch. 114 or under
16ch.
52, 231, 232, 233, 234, 237, or 279.
AB900,23
17Section
23. 16.705 (3) of the statutes is created to read:
AB900,10,2118
16.705
(3) The director of the office of state employment relations, prior to
19award, under conditions established by rule of the department, shall review
20contracts for contractual services in order to ensure that all agencies, except the
21University of Wisconsin System, do all of the following: