Amendment SA2-AB748

AB748-SA2,67 Section 67. 230.35 (3) (d) of the statutes is amended to read:

AB748-SA2,56,13 230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of absence to compete in promotional evaluations examinations and interviews. The administrator shall promulgate rules governing the lengths of time allowable for such leaves, their frequency and the provisions for their use.

AB748-SA2,68 Section 68. 230.37 (1) of the statutes is amended to read:

AB748-SA2,56,23 230.37 (1) In cooperation with appointing authorities the administrator shall establish an employee performance evaluation program to provide a continuing record of employee development and, when applicable, to serve as a basis for pertinent personnel actions. Under the employee performance evaluation program established under this subsection, the administrator shall require each appointing authority to conduct at least an annual performance evaluation of each employee appointed by the appointing authority. Similar evaluations shall be conducted during the probationary period but may not infringe upon the authority of the appointing authority to retain or dismiss employees during the probationary period.

AB748-SA2,69 Section 69. 230.40 (3) of the statutes is created to read:

AB748-SA2,57,4 230.40 (3) A person who separates from the classified service to fill an elective position shall have reinstatement privileges for 5 years following termination from the classified service or for one year following termination from the elective position, whichever is longer.

AB748-SA2,70 Section 70. 230.43 (1) (title) of the statutes is amended to read:

AB748-SA2,57,7 230.43 (1) (title) Hiring process; obstruction Obstruction or falsifications of examinations.

AB748-SA2,71 Section 71. 230.43 (1) (am) of the statutes is amended to read:

AB748-SA2,57,11 230.43 (1) (am) Willfully defeats, deceives or obstructs any person in respect of the rights of application examination or registration under this subchapter or any rules prescribed pursuant thereto.

AB748-SA2,72 Section 72. 230.43 (1) (b) of the statutes is amended to read:

AB748-SA2,57,16 230.43 (1) (b) Willfully or corruptly, falsely marks, grades, estimates, or reports upon an application or resume examination, or proper standing of any person evaluated examined, registered, or certified, pursuant to this subchapter, or aids in so doing.

AB748-SA2,73 Section 73. 230.43 (1) (c) of the statutes is amended to read:

AB748-SA2,57,19 230.43 (1) (c) Willfully or corruptly makes any false representations concerning the same, or concerning an applicant the person examined.

AB748-SA2,74 Section 74. 230.43 (1) (d) of the statutes is amended to read:

AB748-SA2,57,24 230.43 (1) (d) Willfully or corruptly furnishes any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any persons so evaluated examined, registered, or certified, being appointed, employed, or promoted.

AB748-SA2,75 Section 75. 230.43 (1) (e) of the statutes is amended to read:

AB748-SA2,58,3 230.43 (1) (e) Personates any other person, or permits or aids in any manner any other person to personate him or her in connection with any examination, registration, application, or request to be evaluated examined or registered.

AB748-SA2,76 Section 76. 230.43 (5) of the statutes is amended to read:

AB748-SA2,58,13 230.43 (5) Taxpayers' suits. The right of any taxpayer to bring any action to restrain the payment of compensation to any person appointed to or holding any office or place of employment in violation of this subchapter shall not be limited or denied by reason of the fact that the office or place of employment has been classified as, or determined to be, not subject to a competitive hiring process examination; however, any judgment or injunction in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the rules of the administrator in force at the time of such payments.

AB748-SA2,77 Section 77. 230.44 (1) (c) of the statutes is amended to read:

AB748-SA2,58,21 230.44 (1) (c) Demotion, layoff, suspension or discharge. If an employee has permanent status in class, or an employee has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more, the employee may appeal a demotion, layoff, suspension, discharge or reduction in base pay to the commission as the final step in the state employee grievance process procedure established under s. 230.445 230.04 (14), if the appeal alleges that the decision was not based on just cause.

AB748-SA2,78 Section 78. 230.44 (1) (e) of the statutes is amended to read:

AB748-SA2,59,2 230.44 (1) (e) Discretionary performance awards. This subsection does not apply to decisions of an appointing authority relating to discretionary performance awards under s. 230.12 (5) or under the discretionary merit award program established under s. 230.04 (19), including the evaluation methodology and results used to determine the award or the amount awarded.

AB748-SA2,79 Section 79. 230.445 of the statutes is repealed.

AB748-SA2,80 Section 80. 321.65 (3) (g) of the statutes is amended to read:

AB748-SA2,59,9 321.65 (3) (g) Veterans preferences. The right of a person to reemployment under this subsection does not entitle the person to retention, preference, or displacement rights over any person who has a superior claim under s. 45.03 (4), 62.13 (4) (d), 63.08 (1) (f) or (fm), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16 (7) or (7m), 230.21 (1m), 230.25, or 230.275.”.

AB748-SA2,59,10 27. Page 8, line 12: before that line insert:

AB748-SA2,59,11 “ Section 7b. 111.01 of the statutes is created to read:

AB748-SA2,59,14 111.01 Declaration of policy. The public policy of the state as to employment relations and collective bargaining, in the furtherance of which this subchapter is enacted, is declared to be as follows:

AB748-SA2,59,18 (1) It recognizes that there are 3 major interests involved, namely: the public, the employee, and the employer. These 3 interests are to a considerable extent interrelated. It is the policy of the state to protect and promote each of these interests with due regard to the situation and to the rights of the others.

AB748-SA2,60,8 (2) Industrial peace, regular and adequate income for the employee, and uninterrupted production of goods and services are promotive of all of these interests. They are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employment relations and the availability of suitable machinery for the peaceful adjustment of whatever controversies may arise. It is recognized that certain employers, including farmers, farmer cooperatives, and unincorporated farmer cooperative associations, in addition to their general employer problems, face special problems arising from perishable commodities and seasonal production which require adequate consideration. It is also recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding employment relations, they should not be permitted, in the conduct of their controversy, to intrude directly into the primary rights of 3rd parties to earn a livelihood, transact business, and engage in the ordinary affairs of life by any lawful means and free from molestation, interference, restraint, or coercion.

AB748-SA2,60,13 (3) Negotiations of terms and conditions of work should result from voluntary agreement between employer and employee. For the purpose of such negotiation an employee has the right, if the employee desires, to associate with others in organizing and bargaining collectively through representatives of the employee's own choosing, without intimidation or coercion from any source.

AB748-SA2,60,20 (4) It is the policy of the state, in order to preserve and promote the interests of the public, the employee, and the employer alike, to establish standards of fair conduct in employment relations and to provide a convenient, expeditious, and impartial tribunal by which these interests may have their respective rights and obligations adjudicated. While limiting individual and group rights of aggression and defense, the state substitutes processes of justice for the more primitive methods of trial by combat.

AB748-SA2,7d Section 7d. 111.04 (1) and (2) of the statutes are consolidated, renumbered 111.04 and amended to read:

AB748-SA2,61,5 111.04 Rights of employees. Employees shall have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. (2) Employees shall also have the right to refrain from self-organization; forming, joining, or assisting labor organizations; bargaining collectively through representatives; or engaging in activities for the purpose of collective bargaining or other mutual aid or protection.

AB748-SA2,7e Section 7e. 111.04 (3) of the statutes is repealed.

AB748-SA2,7f Section 7f. 111.06 (1) (c) of the statutes is amended to read:

AB748-SA2,62,10 111.06 (1) (c) To encourage or discourage membership in any labor organization, employee agency, committee, association, or representation plan by discrimination in regard to hiring, tenure, or other terms or conditions of employment except in a collective bargaining unit where an all-union, fair-share, or maintenance of membership agreement is in effect. An employer may enter into an all-union agreement with the voluntarily recognized representative of the employees in a collective bargaining unit, where at least a majority of such employees voting have voted affirmatively, by secret ballot, in favor of the all-union agreement in a referendum conducted by the commission, except that where the bargaining representative has been certified by either the commission or the national labor relations board as the result of a representation election, no referendum is required to authorize the entry into an all-union agreement. An authorization of an all-union agreement continues, subject to the right of either party to the all-union agreement to petition the commission to conduct a new referendum on the subject. Upon receipt of the petition, if the commission determines there is reasonable ground to believe that the employees concerned have changed their attitude toward the all-union agreement, the commission shall conduct a referendum. If the continuance of the all-union agreement is supported on a referendum by a vote at least equal to that provided in this paragraph for its initial authorization, it may continue, subject to the right to petition for a further vote by the procedure under this paragraph. If the continuance of the all-union agreement is not supported on a referendum, it terminates at the expiration of the contract of which it is then a part or at the end of one year from the date of the announcement by the commission of the result of the referendum, whichever is earlier. The commission shall declare any all-union agreement terminated whenever it finds that the labor organization involved has unreasonably refused to receive as a member any employee of such employer. An interested person may, as provided in s. 111.07, request the commission to perform this duty.

AB748-SA2,7g Section 7g. 111.06 (1) (e) of the statutes is amended to read:

AB748-SA2,62,14 111.06 (1) (e) To bargain collectively with the representatives of less than a majority of the employer's employees in a collective bargaining unit, or to enter into an all-union agreement except in the manner provided in par. (c).

AB748-SA2,7h Section 7h. 111.06 (1) (i) of the statutes is amended to read:

AB748-SA2,62,23 111.06 (1) (i) To deduct labor organization dues or assessments from an employee's earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally, and terminable by the employee giving to the employer at least 30 days' written notice of the termination. This paragraph applies to the extent permitted under federal law unless there is an all-union, fair-share, or maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of a notice of termination.

AB748-SA2,7i Section 7i. 111.06 (1) (m) of the statutes is created to read:

AB748-SA2,63,2 111.06 (1) (m) To fail to give the notice of intention to engage in a lockout provided in s. 111.115 (2).

AB748-SA2,11t Section 11t. 947.20 of the statutes is repealed.” .

AB748-SA2,63,4 28. Page 8, line 12: before that line insert:

AB748-SA2,63,5 “ Section 7c. 111.39 (4) (d) of the statutes is amended to read:

AB748-SA2,63,19 111.39 (4) (d) The department shall serve a certified copy of the findings and order on the respondent, the order to have the same force as other orders of the department and be enforced as provided in s. 103.005. The department shall also serve a certified copy of the findings and order on the complainant, together with a notice advising the complainant about the right to seek, and the time for seeking, review by the commission under sub. (5); about the right to bring, and the time for bringing, an action for judicial review under s. 111.395; and about the right to bring, and the time for bringing, an action under s. 111.397 (1) (a). Any person aggrieved by noncompliance with the order may have the order enforced specifically by suit in equity. If the examiner finds that the respondent has not engaged in discrimination, unfair honesty testing, or unfair genetic testing as alleged in the complaint, the department shall serve a certified copy of the examiner's findings served on the complainant, together with shall be accompanied by an order dismissing the complaint.

AB748-SA2,7g Section 7g. 111.39 (5) (b) of the statutes is amended to read:

AB748-SA2,64,7 111.39 (5) (b) If no petition is filed the respondent or complainant does not file a petition under par. (a) within 21 days from the date that a copy of the findings and order of the examiner is mailed to the last-known address of the respondent served on that party, the findings and order shall be considered final for purposes of enforcement under sub. (4) (d). If a timely petition is filed, the commission, on review, may either affirm, reverse, or modify the findings or order in whole or in part, or set aside the findings and order and remand to the department for further proceedings. Such actions shall be based on a review of the evidence submitted. If the commission is satisfied that a respondent or complainant has been prejudiced because of exceptional delay in the receipt of a copy of any findings and order , it the commission may extend the time another 21 days for filing the petition with the department.

AB748-SA2,7n Section 7n. 111.39 (5) (d) of the statutes is created to read:

AB748-SA2,64,14 111.39 (5) (d) The commission shall serve a certified copy of the commission's decision on the respondent. The commission shall also serve a certified copy of the commission's decision on the complainant, together with a notice advising the complainant about the right to bring, and the time for bringing, an action for judicial review under s. 111.395 and about the right to bring, and the time for bringing, an action under s. 111.397 (1) (a).

AB748-SA2,7r Section 7r. 111.397 of the statutes is created to read:

AB748-SA2,65,2 111.397 Civil action. (1) (a) Except as provided in this paragraph, the department or a person alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing may bring an action in circuit court requesting the relief described in sub. (2) (a) against any employer, labor organization, or employment agency that is alleged or found to have engaged in that discrimination, unfair honesty testing, or unfair genetic testing. The department or a person alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing may not bring an action under this paragraph against any local governmental unit, as defined in s. 19.42 (7u), or against any employer, labor organization, or employment agency employing fewer than 15 individuals for each working day in each of 20 or more calendar weeks in the current or preceding year.

AB748-SA2,65,6 (b) If a petition for judicial review of the findings and order of the commission concerning the same violation as the violation giving rise to the action under par. (a) is filed, the circuit court shall consolidate the proceeding for judicial review and the action under par. (a).

AB748-SA2,65,10 (c) A person alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing is not required to file a complaint under s. 111.39 or seek review under s. 111.395 in order for the department or the person to bring an action under par. (a).

AB748-SA2,66,2 (2) (a) Subject to pars. (b) and (c), in an action under sub. (1) (a), if the circuit court finds that discrimination, unfair honesty testing, or unfair genetic testing has occurred, or if such a finding has been made by an examiner or the commission and not been further appealed, the circuit court may order any relief that an examiner would be empowered to order under s. 111.39 (4) (c) after a hearing on a complaint filed under s. 111.39. In addition, the circuit court shall order the defendant to pay to the person discriminated against or subjected to unfair honesty testing or unfair genetic testing any other compensatory damages, and punitive damages under s. 895.043 that the circuit court or jury finds appropriate, plus reasonable costs and attorney fees incurred in the action. If any relief was ordered under s. 111.39 or 111.395, the circuit court shall specify whether the relief ordered under this paragraph is in addition to or replaces the relief ordered under s. 111.39 or 111.395. The sum of the amount of compensatory damages for future economic losses and for pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and other noneconomic losses and the amount of punitive damages that a circuit court may order may not exceed the following:

AB748-SA2,66,5 1. In the case of a defendant that employs 100 or fewer employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $50,000.

AB748-SA2,66,8 2. In the case of a defendant that employs more than 100 but fewer than 201 employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $100,000.

AB748-SA2,66,11 3. In the case of a defendant that employs more than 200 but fewer than 501 employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $200,000.

AB748-SA2,66,14 4. In the case of a defendant that employs more than 500 employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $300,000.

AB748-SA2,66,17 (b) If the circuit court orders any payment under par. (a) because of a violation of s. 111.321, 111.37, or 111.372 by an individual employed by an employer, the employer of that individual is liable for the payment.

AB748-SA2,66,20 (c) 1. In this paragraph, “consumer price index" means the average of the consumer price index for all urban consumers, U.S. city average, as determined by the bureau of labor statistics of the federal department of labor.

AB748-SA2,67,8 2. Except as provided in this subdivision, beginning on July 1, 2019, and on each July 1 after that, the department shall adjust the amounts specified in par. (a) 1., 2., 3., and 4. by calculating the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for the 12-month period ending on December 31 of the year before the preceding year and adjusting those amounts by that percentage difference. The department shall publish the adjusted amounts calculated under this subdivision in the Wisconsin Administrative Register, and the adjusted amounts shall apply to actions commenced under sub. (1) (a) beginning on July 1 of the year of publication. This subdivision does not apply if the consumer price index for the 12-month period ending on December 31 of the preceding year did not increase over the consumer price index for the 12-month period ending on December 31 of the year before the preceding year.

AB748-SA2,7w Section 7w. 814.04 (intro.) of the statutes is amended to read:

AB748-SA2,67,14 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 111.397 (2) (a), 115.80 (9), 767.553 (4) (d), 769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when allowed costs shall be as follows:”.

AB748-SA2,67,15 29. Page 8, line 14: after that line insert:

AB748-SA2,67,16 “ Section 12m. Nonstatutory provisions.

AB748-SA2,68,2 (1) No later than the effective date of this subsection, an employer, as defined in section 103.035 (1) (e) of the statutes, shall provide each service employee, as defined in section 103.035 (1) (L) of the statutes, with a written copy of the service employee's work schedule, as defined in section 103.035 (1) (o) of the statutes. That work schedule is considered a work schedule provided to a service employee under section 103.035 (3) (a) 2. of the statutes for all purposes under section 103.035 of the statutes, including that the employer shall post a copy of the work schedule as provided in section 103.035 (3) (a) 3. of the statutes and, if the employer changes that work schedule, section 103.035 (3) (a) 2. of the statutes applies to that change.”.

AB748-SA2,68,3 30. Page 8, line 14: after that line insert:

AB748-SA2,68,4 “ Section 12m.2 Nonstatutory provisions.

AB748-SA2,68,8 (1) The department of workforce development shall submit in proposed form the rules required under section 103.105 (11) (b) of the statutes to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this subsection.

AB748-SA2,68,12 (2) (a) Notwithstanding section 227.135 (2) of the statutes, the department of workforce development is not required to present the statement of the scope of the rules required under section 103.105 (11) (b) of the statutes to the governor for approval.

AB748-SA2,68,15 (b) Notwithstanding section 227.185 of the statutes, the department of workforce development is not required to present the rules required under section 103.105 (11) (b) of the statutes in final draft form to the governor for approval.

AB748-SA2,68,18 (c) Notwithstanding section 227.137 (2) of the statutes, the department of workforce development is not required to prepare an economic impact analysis for the rules required under section 103.105 (11) (b) of the statutes.

AB748-SA2,68,23 (d) Notwithstanding sections 227.14 (2g) and 227.19 (3) (e) of the statutes, the department of workforce development is not required to submit the proposed rules required under section 103.105 (11) (b) of the statutes to the small business regulatory review board and is not required to prepare a final regulatory flexibility analysis for those rules.

AB748-SA2,69,13 (3) Using the procedure under section 227.24 of the statutes, the department of workforce development shall promulgate the rules required under section 103.105 (11) (b) of the statutes for the period before the effective date of the permanent rules promulgated under section 103.105 (11) (b) of the statutes but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this subsection. Notwithstanding section 227.24 (1) (e) 1d. and 1g. of the statutes, the department is not required to prepare a statement of the scope of the rules promulgated under this subsection or present the rules to the governor for approval.”.

AB748-SA2,69,14 31. Page 8, line 17: after that line insert:

AB748-SA2,69,19 “(2) The treatment of sections 103.035 and 111.322 (2m) (a) and (b) of the statutes and Section 12m of this act first apply to an employee who is covered by a collective bargaining agreement that contains provisions inconsistent with section 103.035 of the statutes on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

AB748-SA2,13m Section 13m. Effective date.

AB748-SA2,69,22 (1) This act takes effect on the first day of the 6th month beginning after publication.”.

AB748-SA2,69,23 32. Page 8, line 17: after that line insert:

AB748-SA2,70,3 “(2m) The treatment of section 66.0145 of the statutes and the creation of section 16.754 (2) (a) of the statutes first apply to purchases made in the fiscal year that begins in the year after this subsection takes effect.

AB748-SA2,70,6 (3m) The treatment of section 16.754 (2m) of the statutes first applies to responses made and bids submitted in the fiscal year that begins in the year after this subsection takes effect.”.

AB748-SA2,70,7 33. Page 8, line 17: after that line insert:

AB748-SA2,70,10 “(1m) The treatment of sections 63.08 (1) (fm) and 230.25 (1g) and (1m) of the statutes first applies to a position that is posted on the effective date of this subsection.

AB748-SA2,70,12 (2m) The treatment of section 230.28 (1) (a), (am), and (c) of the statutes first applies to a probationary period that begins on the effective date of this subsection.

AB748-SA2,70,15 (3m) The treatment of section 230.34 (1) (a) (intro.) and (am) of the statutes first applies to employee discipline for conduct that occurs on the effective date of this subsection.