SB44-AA21,9,18
18"
Section 1647d. 77.52 (1) of the statutes is amended to read:
SB44-AA21,9,2219
77.52
(1) For the privilege of selling, leasing or renting tangible personal
20property, including accessories, components, attachments, parts, supplies and
21materials, at retail a tax is imposed upon all retailers at the rate of
5% 5.5% of the
22gross receipts from the sale, lease or rental of tangible personal property, including
1accessories, components, attachments, parts, supplies and materials, sold, leased or
2rented at retail in this state.
SB44-AA21,10,74
77.52
(2) For the privilege of selling, performing or furnishing the services
5described under par. (a) at retail in this state to consumers or users, a tax is imposed
6upon all persons selling, performing or furnishing the services at the rate of
5% 5.5% 7of the gross receipts from the sale, performance or furnishing of the services.".
SB44-AA21,10,9
9"
Section 1647p. 77.53 (1) of the statutes is amended to read:
SB44-AA21,10,1810
77.53
(1) Except as provided in sub. (1m), an excise tax is levied and imposed
11on the use or consumption in this state of taxable services under s. 77.52 purchased
12from any retailer, at the rate of
5% 5.5% of the sales price of those services; on the
13storage, use or other consumption in this state of tangible personal property
14purchased from any retailer, at the rate of
5% 5.5% of the sales price of that property;
15and on the storage, use or other consumption of tangible personal property
16manufactured, processed or otherwise altered, in or outside this state, by the person
17who stores, uses or consumes it, from material purchased from any retailer, at the
18rate of
5% 5.5% of the sales price of that material.".
SB44-AA21,11,8
789. Page 699, line 24: after "account" insert "
and, for distributions in 2004,
8from the appropriation accounts under s. 20.835 (1) (t) and (u)".
SB44-AA21,12,13
13"
Section 1967b. 111.70 (1) (b) of the statutes is amended to read:
SB44-AA21,12,1714
111.70
(1) (b) "Collective bargaining unit" means a unit
consisting of municipal
15employees who are school district professional employees or of municipal employees
16who are not school district professional employees that is determined by the
17commission to be appropriate for the purpose of collective bargaining.
SB44-AA21,13,822
111.70
(4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the
23other impasse resolution procedures provided in this paragraph, a municipal
1employer and labor organization may at any time, as a permissive subject of
2bargaining, agree in writing to a dispute settlement procedure, including
3authorization for a strike by municipal employees or binding interest arbitration,
4which is acceptable to the parties for resolving an impasse over terms of any
5collective bargaining agreement under this subchapter. A copy of such agreement
6shall be filed by the parties with the commission. If the parties agree to any form of
7binding interest arbitration, the arbitrator shall give weight to the factors
8enumerated under
subds. 7., 7g. and subd. 7r.
SB44-AA21,14,211
111.70
(4) (cm) 6. a. If in any collective bargaining unit a dispute
relating to one
12or more issues, qualifying for interest arbitration under subd. 5s. in a collective
13bargaining unit to which subd. 5s. applies, has not been settled after a reasonable
14period of negotiation and after mediation by the commission under subd. 3. and other
15settlement procedures, if any, established by the parties have been exhausted, and
16the parties are deadlocked with respect to any dispute between them over wages,
17hours
, and conditions of employment to be included in a new collective bargaining
18agreement, either party, or the parties jointly, may petition the commission, in
19writing, to initiate compulsory, final
, and binding arbitration, as provided in this
20paragraph. At the time the petition is filed, the petitioning party shall submit in
21writing to the other party and the commission its preliminary final offer containing
22its latest proposals on all issues in dispute. Within 14 calendar days after the date
23of that submission, the other party shall submit in writing its preliminary final offer
24on all disputed issues to the petitioning party and the commission. If a petition is
1filed jointly, both parties shall exchange their preliminary final offers in writing and
2submit copies to the commission at the time the petition is filed.
SB44-AA21,15,224
111.70
(4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the
5commission shall make an investigation, with or without a formal hearing, to
6determine whether arbitration should be commenced. If in determining whether an
7impasse exists the commission finds that the procedures set forth in this paragraph
8have not been complied with and such compliance would tend to result in a
9settlement, it may order such compliance before ordering arbitration. The validity
10of any arbitration award or collective bargaining agreement shall not be affected by
11failure to comply with such procedures. Prior to the close of the investigation each
12party shall submit in writing to the commission its single final offer containing its
13final proposals on all issues in dispute that are subject to interest arbitration under
14this subdivision
or under subd. 5s. in collective bargaining units to which subd. 5s.
15applies. If a party fails to submit a single, ultimate final offer, the commission shall
16close the investigation based on the last written position of the party.
The municipal
17employer may not submit a qualified economic offer under subd. 5s. after the close
18of the investigation. Such final offers may include only mandatory subjects of
19bargaining, except that a permissive subject of bargaining may be included by a
20party if the other party does not object and shall then be treated as a mandatory
21subject. No later than such time, the parties shall also submit to the commission a
22stipulation, in writing, with respect to all matters which are agreed upon for
23inclusion in the new or amended collective bargaining agreement. The commission,
24after receiving a report from its investigator and determining that arbitration should
25be commenced, shall issue an order requiring arbitration and immediately submit
1to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall
2alternately strike names until a single name is left, who shall be appointed as
3arbitrator. The petitioning party shall notify the commission in writing of the
4identity of the arbitrator selected. Upon receipt of such notice, the commission shall
5formally appoint the arbitrator and submit to him or her the final offers of the
6parties. The final offers shall be considered public documents and shall be available
7from the commission. In lieu of a single arbitrator and upon request of both parties,
8the commission shall appoint a tripartite arbitration panel consisting of one member
9selected by each of the parties and a neutral person designated by the commission
10who shall serve as a chairperson. An arbitration panel has the same powers and
11duties as provided in this section for any other appointed arbitrator, and all
12arbitration decisions by such panel shall be determined by majority vote. In lieu of
13selection of the arbitrator by the parties and upon request of both parties, the
14commission shall establish a procedure for randomly selecting names of arbitrators.
15Under the procedure, the commission shall submit a list of 7 arbitrators to the
16parties. Each party shall strike one name from the list. From the remaining 5
17names, the commission shall randomly appoint an arbitrator. Unless both parties
18to an arbitration proceeding otherwise agree in writing, every individual whose
19name is submitted by the commission for appointment as an arbitrator shall be a
20resident of this state at the time of submission and every individual who is
21designated as an arbitration panel chairperson shall be a resident of this state at the
22time of designation.
SB44-AA21, s. 1967L
25Section 1967L. 111.70 (4) (cm) 7r. (intro.) of the statutes is amended to read:
SB44-AA21,16,3
1111.70
(4) (cm) 7r. `
Other factors Factors considered.' (intro.) In making any
2decision under the arbitration procedures authorized by this paragraph, the
3arbitrator or arbitration panel shall
also give weight to the following factors:
SB44-AA21, s. 1967m
4Section 1967m. 111.70 (4) (cm) 7r. hm. of the statutes is created to read:
SB44-AA21,16,75
111.70
(4) (cm) 7r. hm. In a school district, a determination as to which party's
6proposal best provides for a fundamental right to an equal opportunity for a sound
7basic education under article X, section 3, of the constitution.
SB44-AA21, s. 1967n
8Section 1967n. 111.70 (4) (cm) 7r. ie. of the statutes is created to read:
SB44-AA21,16,129
111.70
(4) (cm) 7r. ie. Any state law or directive lawfully issued by a state
10legislative or administrative officer, body, or agency which places limitations on
11expenditures that may be made or revenues that may be collected by a municipal
12employer.
SB44-AA21, s. 1967o
13Section 1967o. 111.70 (4) (cm) 7r. ir. of the statutes is created to read:
SB44-AA21,16,1514
111.70
(4) (cm) 7r. ir. Economic conditions in the jurisdiction of the municipal
15employer.
SB44-AA21, s. 1967p
16Section 1967p. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated,
17renumbered 111.70 (4) (cm) 8m. and amended to read:
SB44-AA21,17,618
111.70
(4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
19the initial collective bargaining agreement between the parties and except as the
20parties otherwise agree, every collective bargaining agreement covering municipal
21employees subject to this paragraph
other than school district professional
22employees shall be for a term of 2 years
. No, but in no case may a collective
23bargaining agreement for any collective bargaining unit consisting of municipal
24employees
subject to this paragraph other than school district professional
25employees shall be for a term exceeding 3 years.
c. No arbitration award may
1contain a provision for reopening of negotiations during the term of a collective
2bargaining agreement, unless both parties agree to such a provision. The
3requirement for agreement by both parties does not apply to a provision for
4reopening of negotiations with respect to any portion of an agreement that is
5declared invalid by a court or administrative agency or rendered invalid by the
6enactment of a law or promulgation of a federal regulation.
SB44-AA21,18,1411
111.70
(4) (d) 2. a. The commission shall determine the appropriate collective
12bargaining unit for the purpose of collective bargaining and shall whenever possible,
13unless otherwise required under this subchapter, avoid fragmentation by
14maintaining as few collective bargaining units as practicable in keeping with the size
15of the total municipal work force. In making such a determination, the commission
16may decide whether, in a particular case, the municipal employees in the same or
17several departments, divisions, institutions, crafts, professions
, or other
18occupational groupings constitute a collective bargaining unit. Before making its
19determination, the commission may provide an opportunity for the municipal
20employees concerned to determine, by secret ballot, whether or not they desire to be
21established as a separate collective bargaining unit.
The commission shall not
22decide, however, that any group of municipal employees constitutes an appropriate
23collective bargaining unit if the group includes both municipal employees who are
24school district professional employees and municipal employees who are not school
25district professional employees. The commission shall not decide
, however, that any
1other group of municipal employees constitutes an appropriate collective bargaining
2unit if the group includes both professional employees and nonprofessional
3employees, unless a majority of the professional employees vote for inclusion in the
4unit. The commission shall not decide that any group of municipal employees
5constitutes an appropriate collective bargaining unit if the group includes both craft
6employees and noncraft employees unless a majority of the craft employees vote for
7inclusion in the unit. The commission shall place the professional employees who are
8assigned to perform any services at a charter school, as defined in s. 115.001 (1), in
9a separate collective bargaining unit from a unit that includes any other professional
10employees whenever at least 30% of those professional employees request an election
11to be held to determine that issue and a majority of the professional employees at the
12charter school who cast votes in the election decide to be represented in a separate
13collective bargaining unit. Any vote taken under this subsection shall be by secret
14ballot.".
SB44-AA21,18,18
18"
Section 1985r. 111.70 (4) (p) of the statutes is created to read:
