Amendment ASA1-AB48

LRBs0329/1

RAC:jlg:km

1999 - 2000 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1999 ASSEMBLY BILL 48

March 6, 2000 - Offered by Representative Vrakas.

AB48-ASA1,1,7 An Act to renumber and amend 40.02 (48) (am) and 40.02 (48) (c); to amend 40.02 (48) (a), 111.70 (4) (cm) 6. a. and 111.70 (4) (cm) 6. am.; and to create 40.02 (17) (n), 40.02 (48) (am) 22., 40.02 (48) (b) 5., 40.02 (48) (c) 18., 40.65 (4w) and 111.70 (1) (cm) of the statutes; relating to: classifying certain county jailers as protective occupation participants under the Wisconsin retirement system and restricting the issues subject to interest arbitration under the municipal employment relations act.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB48-ASA1, s. 1 Section 1. 40.02 (17) (n) of the statutes is created to read:

AB48-ASA1,2,6 40.02 (17) (n) Notwithstanding par. (d), each participant who is a county jailer described under s. 40.02 (48) (am) 22. on or after the effective date of this paragraph .... [revisor inserts date], shall be granted creditable service as a county jailer that was earned on or after the effective date of this paragraph .... [revisor inserts date], but may not be granted creditable service as a protective occupation participant for any covered service as a county jailer that was earned before the effective date of this paragraph .... [revisor inserts date], unless that service was earned while the participant was classified under sub. (48) (a) and s. 40.06 (1) (d) as a protective occupation participant.

AB48-ASA1, s. 2 Section 2. 40.02 (48) (a) of the statutes is amended to read:

AB48-ASA1,2,14 40.02 (48) (a) "Protective occupation participant" means any participant whose principal duties are determined by the participating employer, or, subject to s. 40.06 (1) (dm), by the department head in the case of a state employe, or, with respect to a county jailer, under a collective bargaining agreement entered into under subch. IV of ch. 111, to involve active law enforcement or active fire suppression or prevention, provided the duties require frequent exposure to a high degree of danger or peril and also require a high degree of physical conditioning.

AB48-ASA1, s. 3 Section 3. 40.02 (48) (am) of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 40.02 (48) (am) (intro.) and amended to read:

AB48-ASA1,2,19 40.02 (48) (am) (intro.) "Protective occupation participant" includes any participant whose name is certified to the fund as provided in s. 40.06 (1) (d) and (dm) and who is a any of the following:

AB48-ASA1,2,20 1. A conservation warden,.

AB48-ASA1,2,21 2. A conservation patrol boat captain, .

AB48-ASA1,2,22 3. A conservation patrol boat engineer, .

AB48-ASA1,2,23 4. A conservation pilot,.

AB48-ASA1,2,24 5. A conservation patrol officer,.

AB48-ASA1,2,25 6. A forest fire control assistant, .

AB48-ASA1,3,1 7. A member of the state traffic patrol,.

AB48-ASA1,3,2 8. A state motor vehicle inspector, .

AB48-ASA1,3,3 9. A police officer,.

AB48-ASA1,3,4 10. A fire fighter,.

AB48-ASA1,3,5 11. A sheriff,.

AB48-ASA1,3,6 12. An undersheriff,.

AB48-ASA1,3,7 13. A deputy sheriff,.

AB48-ASA1,3,8 14. A state probation and parole officer, .

AB48-ASA1,3,9 15. A county traffic police officer, .

AB48-ASA1,3,10 16. A state forest ranger,.

AB48-ASA1,3,11 17. A fire watcher employed by the Wisconsin veterans home,.

AB48-ASA1,3,12 18. A state correctional-psychiatric officer,.

AB48-ASA1,3,13 19. An excise tax investigator employed by the department of revenue,.

AB48-ASA1,3,14 20. A special criminal investigation agent in the department of justice,.

AB48-ASA1,3,15 21. An assistant or deputy fire marshal, or person employed under s. 61.66 (1).

AB48-ASA1, s. 4 Section 4. 40.02 (48) (am) 22. of the statutes is created to read:

AB48-ASA1,3,19 40.02 (48) (am) 22. A county jailer granted protective occupation participant status under a collective bargaining agreement entered into under subch. IV of ch. 111.

AB48-ASA1, s. 5 Section 5. 40.02 (48) (b) 5. of the statutes is created to read:

AB48-ASA1,4,2 40.02 (48) (b) 5. A "county jailer" is any jailer or employe of a county jail, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist or mechanic or whose functions do not clearly fall within the scope of active law enforcement even though such an employe is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement. County jailer includes any person regularly employed and qualifying as a county jailer, even if temporarily assigned to other duties.

AB48-ASA1, s. 6 Section 6. 40.02 (48) (c) of the statutes is renumbered 40.02 (48) (c) (intro.) and amended to read:

AB48-ASA1,4,6 40.02 (48) (c) (intro.) In s. 40.65, "protective occupation participant" means a participating employe who is a any of the following:

AB48-ASA1,4,7 1. A police officer,.

AB48-ASA1,4,8 2. A fire fighter, an.

AB48-ASA1,4,10 3. An individual determined by a participating employer under par. (a) or (bm) to be a protective occupation participant,.

AB48-ASA1,4,11 4. A county undersheriff,.

AB48-ASA1,4,12 5. A deputy sheriff,.

AB48-ASA1,4,13 6. A state probation and parole officer, .

AB48-ASA1,4,14 7. A county traffic police officer, .

AB48-ASA1,4,15 8. A conservation warden,.

AB48-ASA1,4,16 9. A state forest ranger,.

AB48-ASA1,4,18 10. A field conservation employe of the department of natural resources who is subject to call for forest fire control or warden duty, .

AB48-ASA1,4,19 11. A member of the state traffic patrol, .